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CAS-09_BLUFF CREEK WOODS-7331 HAZELTINE BOULEVARD 25-00904000 mn m V ENSlHftl ..__ Construction Plans For BLUFF CREEK WOODS Chanhassen, Minnesota CITY OF CHANHASSEN RECFIVED aT JUL 2. 6 2013 r"'£1$1pq DEVELOPER: CIVIL ENGINEER: CHANHASSEN PUNNING DEPT MNQH.�. r a g Ryan Marty Schutrop Engineering 540 Lakota Lane^ Chaska, MN 55318 5elmorn( (952) 470-9400 E19655 x�c IAN 55 71 (952) 20-3700 oon«To.N "w ......,ew......a„ SLUFF CREEK WOODS REVISED SUSMRTAL 7126113 SITE cats INDEX T SHEET NO. OCSCFI COKF SN 5NEE PLAN C-I 44AOrr RECEIVED LAN C-XTAS C-J OETAttS JUL 2 6 2013 CITY OF CHANHASSEN • a a ;t� a� \ a� %l \ y41 \\ Z9 '�i �• � II D Raz 5 a� € 'It ME Fj j rMS, 111 M-7409\� Y':r I' � � �•, 11 I A 2O 1 a i I ` r�lO p 2 � Z n t� I Y. p 0D pm N f f _s xda i a qiT 33 :9 �Y6�TG pE ^ R a� gpq'L R �pe`zM €Fa 5 S FF aE pill E m IYd€ V ya oil! 3 R 3 � u flt��'irp:d q 's' 3};eE s 8 15 mn z 3��> S3?'a; ® itL:nES6 Y y R < p ig 6 4 S A L ] q T 3 1 $6 •t 3tt 1 fill, # 1 k F pz E �R •epf, � ! ��it a I'EI!§ �_ 1NF�i i e •vv��IIF'��Fg^iF! i.a4 ;Ei T•ap q }p a �aa S'Rgg 3 gg 5 ��5�9 �yd•Y iPjf tE R n Q �s �•a�1�1� q^£a e • y� 5 i x(§ 3 �NR SaEo5t¢ o s yyY 14 lggp"p , A a ny m D O =� v 5 Om 7 \ �C R an yEngineering LAND DEVELOPMENT SERVICES July 26, 2013 Re: Bluff Creek Woods Chanhassen, MN Drainage Calculations 19655 Waterford Place Excelsior, MN 55331 Tel 952-221-3700 Per discussions with Terry Jeffery, City Water Resources Coordinator, the proposed development will need to propose infiltration basins sufficiently designed to capture a'h" rain event over the new impervious surface. No additional storm water detention will be required due to the open space and the Outlot A proposed. Impervious Surface per new lot: 50'x60' Pad = 3,000 square feet gross, typical home use 2,500 square feet Driveway = 2,000 square feet 4,500 square feet X '/2" = 187.5 cubic feet. Average Infiltration Pond depth of 1 foot =187.5 square feet pond area RYAN ENGINEERING 4 Perry M. Ryan, P.E. President CITY OF CHANHASSEN RECEIVED JUL 2 6 2013 CHANHASSEN PLANNING DEPT I June 14, 2013 Martin Schutrop 540 Lakota Lane Chaska, MN 55318 Re: Preliminary Plat for Bluff Creek Woods Planning Case #2013-09 Dear Mr. Schutrop: Todd IVAII/Alvson/Terry/Jerry MJMark: BLUFF CREEK WOODS FINAL PLAT is scheduled for the August 26, 2013 City Council meeting. Please review the conditions of approval in this letter with the attached plans and respond to Bob no later than Friday. August 9.2013. Respond to each condition as follows: • Still applies • Does not apply or has been met • Is modified as follows (include modification) • New condition This letter is to confirm that on June 10, 2013, the Chanhassen City Council approved the Rezoning of the property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); PreliminaryPlat with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: 1. At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for j approval. `2 Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. oe3. Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms are available from MnDOT's utility website at hqV://www.dot.state.mn.us/utility/. 4. Outlot A and the preservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall follow the east property lines of lots 2 and 3 and the southeast 55 feet of Lots 1 and 2. The common lot line between Outlot A and Lot 1 shall be shifted 15 feet to the southwest. G 5. A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. 6. The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. Martin Schutrop June 14, 2013 Page 2 8. In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing hammerhead. 9. The applicant shall provide drainage calculations for pre -development and post -development conditions. 10. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11. SWMP charges shall be paid in the amount of 33 percent of the normal fees due to the protection of land through a combination of preservation easement and the dedication of Outlot A to the City. Total SWMP fees are $19,952.00. The developer shall pay SWMP fees of $6,584.00 at the time of final plat recording. 12. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15. The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. 16. Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17. The developer shall work with staff to realign the access to Lot 1. 18. The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7-ton design. 19. If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21. The grading plan must be revised so that the grades do not exceed 3H:1 V. Martin Schutrop June 14, 2013 Page 3 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24. The sewer and water service connections must be inspected and approved by the City. 25. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26. Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. Final plat documents must be submitted to the City 30 days prior to the City Council meeting in which you wish to have your final plat approved. Conditions of the preliminary plat approval must be addressed for final plat approval. Enclosed is the list of items required for submittal for final plat approval. Should you have any questions, please contact me at (952) 227-1131 or by email at bgenerousAci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official Perry Ryan, Ryan Engineering 9dplant2013 planning casest2013-09 bluff creek woods\approval letter prelim plat for final plat review.doc 4- June 14, 2013 Martin Schutrop 540 Lakota Lane Chaska, MN 55318 Re: Preliminary Plat for Bluff Creek Woods Planning Case #2013-09 Dear Mr. Schutrop: Todd H/Jill/Alvson/Terrv/Jerry MJMark: BLUFF CREEK WOODS FINAL PLAT is scheduled for the August 26, 2013 City Council meeting. Please review the conditions of approval in this letter with the attached plans and respond to Bob no later than Friday, August 9, 2013. Respond to each condition as follows: • Still applies • Does not apply or has been met • Is modified as follows (include modification) • New condition This letter is to confirm that on June 10, 2013, the Chanhassen City Council approved the Rezoning of the property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); PrefiminaryPlat with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: 1. At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2. Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3. Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms are available from MnDOT's utility website at hW://www.dot.state.mn.us/utility/. 4. Outlot A and the preservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall follow the east property lines of lots 2 and 3 and the southeast 55 feet of Lots 1 and 2, The common lot line between Outlot A and Lot 1 shall be shifted 15 feet to the southwest. 5. A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. 6. The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. Martin Schutrop June14,2013 Page 2 8. In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing hammerhead. 9. The applicant shall provide drainage calculations for pre -development and post -development conditions. 10. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11. SWMP charges shall be paid in the amount of 33 percent of the normal fees due to the protection of land through a combination of preservation easement and the dedication of Outlot A to the City. Total SWMP fees are $19,952.00. The developer shall pay SWMP fees of $6,584.00 at the time of final plat recording. 12. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 4;u •"u P-s 14. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15. The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. 16. Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17. The developer shall work with staff to realign the access to Lot 1. 18. The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7-ton design. 19. If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21. The grading plan must be revised so that the grades do not exceed 3H:IV. M ~ Martin Schutrop June 14, 2013 Page 3 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24. The sewer and water service connections must be inspected and approved by the City. 25. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26. Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. Final plat documents must be submitted to the City 30 days prior to the City Council meeting in which you wish to have your final plat approved. Conditions of the preliminary plat approval must be addressed for final plat approval. Enclosed is the list of items required for submittal for final plat approval. Should you have any questions, please contact me at (952) 227-1131 or by email at bRenerous(a),ci.chanhassen.mn.us. Sincerely, Robert Generous, AlCP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official Perry Ryan, Ryan Engineering gdp1an12013 planning cases\2013-09 bluff creek woodslapproval letter prelim plat for final plat review.doc June 14, 2013 Martin Schutrop 540 Lakota Lane Chaska, MN 55318 Re: Preliminary Plat for Bluff Creek Woods Planning Case #2013-09 Dear Mr. Schutrop: Todd H/Jill/Alvson/Terry/Jerry MJMark: BLUFF CREEK WOODS FINAL PLAT is scheduled for the August 26, 2013 City Council meeting. Please review the conditions of approval in this letter with the attached plans and respond to Bob no later than Friday, August 9.2013. Respond to each condition as follows: • Still applies • Does not apply or has been met • Is modified as follows (include modification) / • New condition This letter is to confirm that on June 10, 2013, the Chanhassen City Council approved the Rezoning of the property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); PreliminaryPlat with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2. Park fees shall be collected in fill for the two new homes at the rate in force upon final plat submission and approval. 3. Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms are available from MnDOT's utility website at http://www.dot.state.nm.us/utility/. 4. Outlot A and the preservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall follow the east property lines of lots 2 and 3 and the southeast 55 feet of Lots 1 and 2. The common lot line between Outlot A and Lot 1 shall be shifted 15 feet to the southwest. A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. - A 6. The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. �eA tWp\\�: okF�06 Martin Schutrop June 14, 2013 Page 2 8. In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot I shall share a common drive with Lot 2 until the existing hammerhead. 9. The applicant shall provide drainage calculations for pre -development and post -development conditions. 10. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11. SWMP charges shall be paid in the amount of 33 percent of the normal fees due to the \ protection of land through a combination of preservation easement and the dedication of Outlot A to the City. Total SWMP fees are $19,952.00. The developer shall pay SWMP fees of $6,584.00 at the time of final plat recording. 12. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 5. The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. CMNC4 . he s 16. Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17. The developer shall work with staff to realign the access to Lot 1. sii II o..Q P11es o 18. a common portion of the driveway to Lots I and 2 is dnMacdl dvri`� Cd1nSdYUG.t1Dn i+NWts}'i�Lrt(kwcol wi'f1�"v�nir�iivutsK 30 19. If the existing driveway dL not meet the 7-ton design standard, the developer must install d- 6iAlvw;01A the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. !ems no} 0�fP 20. The driveway easement shall be recorded as a separate document; shall he removed fiem the prelitninary rw- 21. The grading plan must be revised so that the grades do not exceed 3H:IV. 51A applies Martin Schutrop June 14, 2013 Page 3 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 5-►'t It Q.IDp a �5 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 5tjll ��liCf 24. The sewer and water service connections must be inspected and approved by the City. Sf7/( Qy�eS 25. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 4rrE 26. Lots 1 and 3 walllresub'ect to the City sewer and water hook - c r e 4 d the r '1 l Y stWtY r welt/ hoJkcy� tit V ptk i_ i f r Mod Metropolitan Council Sanitary Access Charge.', �`I�Sr a, i th tl�e �'' �' a r rl, r ff r r rh r' Q`rG dare W t't►�`I� fn �-L (Jlcc# U1 �� 7o 7. due Fui ldi Pub aill-era L iL1 Final plat documents musf be submitted to the City 30 days prior to the City Council meeting ine ge—ck - which you wish to have your final plat approved. Conditions of the preliminary plat approval must be addressed for final plat approval. Enclosed is the list of items required for submittal for final plat approval. -flt 0UYj0-LLrLt0UL Should you have any questions, please contact me at (952) 227-1131 or by email at (,t11� 4Q- 7 1 beenerousna ci.chanhassen mn.us. P�Qt IS Sincerely, 1 yJ AC Z uni is K l8 l 8� wni� ` 3li 3� SAC-: Z„A.nittx f (ySl�ttrut= /3aL Robert Generous, AICP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official Perry Ryan, Ryan Engineering g:\plan\2013 planning cases\2013-09 bluff creek woods\approval letter prelim plat for final plat reNdew.doc MEMORANDUM TO: Bob Generous FROM: Jenitt Mohn, Building Official DATE: July 30, 2013 SUBJ: Request to Rezone 3.57 acres of property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); Subdivision with Variances for the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. Property is located 7331 Hazeltine Boulevard. Applicant: Martin Schutrop. Planning Case: 2013-09 I have reviewed the plans for above project and offer the following comments, which should be included in the conditions of approval: 1. The developer must submit a proposed street name for review and approval prior to final plat of the property. 2. Provide a 1:200 scale plat drawing. 3. Demolition permits must be obtained before demolishing any structures on the site. 4. A final grading plan and soils report must be to the Inspections Division before permits can be issued. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 6. Each lot must be provided with separate sewer and water services. 7. The developer and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. GAPLAM2013 Planning Cases\2013-09 Bluff Creek Woods%uildingofficialcom mt2.doc y June 14, 2013 Martin Schutmp 540 Lakota Lane Chaska, MN 55318 Re: Preliminary Plat for Bluff Creek Woods Planning Case #2013-09 Dear Mr. Schutrop: Todd H/JUUAlyson/Terry/Jerry MJMark: BLUFF CREEK WOODS FINAL PLAT is scheduled for the August 26, 2013 City Council meeting. Please review the conditions of approval in this letter with the attached plans and respond to Bob no later than Friday. August 9.2013. Respond to each condition as follows: • Still applies • Does not apply or has been met • Is modified as follows (include modification) • New condition This letter is to confirm that on June 10, 2013, the Chanhassen City Council approved the Rezoning of the property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); PreliminaryPlat with Variances for a neck lot and the constriction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2. Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3. Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms are available from MnDOT's utility website at htto://www.dot.state.mn.us/utility/. 4. Outlot A and the preservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall follow the east property lines of lots 2 and 3 and the southeast 55 feet of Lots 1 and 2. The common lot line between Outlot A and Lot 1 shall be shifted 15 feet to the southwest. 5. A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. 6. The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. Martin Schutrop June 14, 2013 Page 2 8. In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing hammerhead. 9. The applicant shall provide drainage calculations for pre -development and post -development conditions. 10. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11. SWMP charges shall be paid in the amount of 33 percent of the normal fees due to the protection of land through a combination of preservation easement and the dedication of Outlot A to the City. Total SWMP fees are $19,952.00. The developer shall pay SWMP fees of $6,584.00 at the time of final plat recording. 12. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15. The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. 16. Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17. The developer shall work with staff to realign the access to Lot 1. 18. The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7-ton design. 19. If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21. The grading plan must be revised so that the grades do not exceed 3HA V. Martin Schutrop June 14, 2013 Page 3 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24. The sewer and water service connections must be inspected and approved by the City. 25. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26. Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. Final plat documents must be submitted to the City 30 days prior to the City Council meeting in which you wish to have your final plat approved. Conditions of the preliminary plat approval must be addressed for final plat approval. Enclosed is the list of items required for submittal for final plat approval. Should you have any questions, please contact me at (952) 227-1131 or by email at benerous(a)ci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official Perry Ryan, Ryan Engineering gAplanQ013 planning cases\2013-09 bluff creek woodslapproval letter prelim plat for final plat review.doc Liitfjn, Mark From: Littfin, Mark Sent: Wednesday, July 31, 2013 11:56 AM To: Generous, Bob Subject: Preliminary plat for Bluff Creek Woods, Planning case 2013-09 Robert, there are no changes or corrections from my original comments dated June 14", 2013. Thanks 9VarkLiton Chanhassen Fire Marshal 7700 Market Blvd. PO box 147 Chanhassen MN. 55317 Direct 952.227.1151 Fax 952.227.1190 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 07/29/2013 1:10 PM Receipt No. 00226160 CLERK: AshleyM PAYEE: Schutrop Building and 540 Lakota Lane Chaska MN 55318- Bluff Creek Woods Case # 2013-09 Development Corporation ------------------------------------------------------- Final Plat 250.00 Total Cash Check 6522 Change 250.00 0.00 250.00 0.00 CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER ORRANSMITTAL DATE JOB NO. 8/28/2013 n/a ATTENTION Carol Hoeft RE: 1. Bluff Creek Woods plat, DC, etc 2. Jay Meyer subdivision 1611 West 63rd Street ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ Mylars COPIES DATE NO. DESCRIPTION 1 Final plat submittal checklist for Bluff Creek Woods ; r1 . m "5 1 8/28/2013 Grant of Permanent Easement Agreement from Jay and Debra Meyer THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints REMARKS Hi Carole- Please contace Nicole Taylor with Title Mark (Waconia) 952-442-7700 to arrange the release of the Bluff Creek Woods mylars, DC, etc for filing. COPY TO: Files SIGNED: Alysdh Fauske, (952) 227-1164 SCANNED, k has if enclosures are not as noted, kindly notify us at once. E TO: CAMPBELL KNUTSON ATTN: CAROLE HOEFT 317 EAGANDALE OFFICE CENTER 1380 CORPORATE CENTER CURVE EAGAN, MN 55121 FROM: CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 MARKET BOULEVARD PO Box 147 CHANHASSEN MN 55317 Enclosed are the following for recordation: n o1 rr.a� fi� fie Final Plat Mylars no larger than 22" x 34" 7,, i1 " as %,09gtie� Cop [f "� Three, I" = 200' scale paper copy of the final plat (one copy each ? 'A orounty Auditor, Assessor and Surveyor) P"'Signed Development Contract G✓Mortgage Holder Consent to Plat ID/Mortgage Holder Consent to the Development Contract i rn c-Lt-,op-ed 'L� C- dam" �Q Y*Narranty deed (if deeding an outlot to the City) ' ❑ Easements!n nrwi,.v. u IYO-Other: ® "-, • , : - -- - rdre2f' b deveioper!s O-Wbrne�. Teti J W cG vnti5i-✓fe�liewf [➢/A recent cop of the tale commitment. W°(N°�c`7�rim Yccordir� tmw/ed to JOu o» si-w2o13 Copy of resolution approving final plat. b 1e-+iNe-re-%s a dde,Jelz�prr RA- Ga,•�+o w 12 0aloA- A -{D tot deeded JD -ice Ci t. b4 warrw did The City of Chanhassen has received the following, as required: Final Plat Mylars ("City Copy") Vl" = 200' scale my�reduction of the final plat C*�1" = 200' scale paper reduction of the final plat (with street names and lot and block numbers only) N1111Security:$ 11 t3')0,SS- fear— Ccos1,� &*"Cash fee: $ 9 3 ,'+70 t to P .k ❑ Digital copy of the final plat in Axf and .tif formats (.pdf compatible) in Carver County coordinates s1'i kl V\, cC ❑ Electronic Copy of Drainage Model sli tt ro-ca � i71C Developerhas been notified that the following must be done before the plat can be filed: Cy/r Current year property taxes must be paid in full and any delinquent property taxes or green acres taxes must also be paid. G:TNG\plat recording checklist.doc 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA BLUFF CREEK WOODS DEVELOPMENT CONTRACT (Developer Installed Improvements) TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL............................................................................SP-1 2. CONDITIONS OF PLAT APPROVAL........................................................................SP-1 3. DEVELOPMENT PLANS............................................................................................SP-1 4. IMPROVEMENTS........................................................................................................ SP-2 5. TIME OF PERFORMANCE.........................................................................................SP-2 6. SECURITY....................................................................................................................SP-2 7. NOTICE.........................................................................................................................SP-3 8. OTHER SPECIAL CONDITIONS................................................................................SP-3 9. GENERAL CONDITIONS...........................................................................................SP-7 GENERAL CONDITIONS 1. RIGHT TO PROCEED.................................................................................................GC-1 2. PHASED DEVELOPMENT........................................................................................GC-I 3. PRELIMINARY PLAT STATUS................................................................................GC-I 4. CHANGES IN OFFICIAL CONTROLS.....................................................................GC-1 5. IMPROVEMENTS.......................................................................................................GC-1 6. IRON MONUMENTS..................................................................................................GC-2 7. LICENSE......................................................................................................................GC-2 8. SITE EROSION AND SEDIMENT CONTROL.........................................................GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING..................................................................................GC-2 9. CLEAN UP...................................................................................................................GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-3 11. CLAIMS.......................................................................................................................GC-3 12. PARK DEDICATION..................................................................................................GC-3 13. LANDSCAPING..........................................................................................................GC-3 14. WARRANTY...............................................................................................................GC-4 15. LOTPLANS.................................................................................................................GC-4 16. EXISTING ASSESSMENTS.......................................................................................GC-4 17. HOOK-UP CHARGES.................................................................................................GC-4 18. PUBLIC STREET LIGHTING.....................................................................................GC-4 19. SIGNAGE.....................................................................................................................GC-5 20. HOUSE PADS..............................................................................................................GC-5 21. RESPONSIBILITY FOR COSTS................................................................................GC-5 22. DEVELOPER'S DEFAULT.........................................................................................GC-6 22. MISCELLANEOUS A. Construction Trailers........................................................................................GC-6 B. Postal Service ....................................................................................................GC-7 C. Third Parties......................................................................................................GC-7 D. Breach of Contract...................................................... .................................. ....GC-7 E. Severability.......................................................................................................GC-7 i F. Building Permits...............................................................................................GC-7 G. Waivers/Amendments.......................................................................................GC-7 H. Release......................................................... .....................................................GC-7 I. Insurance...........................................................................................................GC-7 J. Remedies...........................................................................................................GC-8 K. Assignability .....................................................................................................GC-8 L. Construction Hours...........................................................................................GC-8 M. Noise Amplification..........................................................................................GC-8 N. Access...............................................................................................................GC-8 O. Street Maintenance............................................................................................GC-8 P. Storm Sewer Maintenance................................................................................GC-9 Q. Soil Treatment Systems....................................................................................GC-9 R. Variances...........................................................................................................GC-9 S. Compliance with Laws, Ordinances, and Regulations.....................................GC-9 T. Proof of Title.....................................................................................................GC-9 U. Soil Conditions................................................................................................GC-10 V. Soil Correction ................................................................................................GC-10 W. Haul Routes..........................................................................................................GC-10 X. Development Signs..............................................................................................GC-10 Y. Construction Plans...............................................................................................GC-10 Z. As -Built Lot Surveys...........................................................................................GC-11 ii CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) BLUFF CREEK WOODS 69'7:T1f3�1`LY[�1i�9 AGREEMENT dated August 26, 2013 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, Marlin K. Schutrop and Kathleen M. Schutrop, husband and wife (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Bluff Creek Woods (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved August 26, 2013, prepared by Advance Surveying & Engineering, Co. Plan B: Grading, Drainage and Erosion Control Plan dated August 26, 2013, prepared by Ryan Engineering. Plan C: Plans and Specifications for Improvements dated August 26, 2013, prepared by Ryan Engineering. Plan D: Landscape Plan dated August 26, 2013, prepared by Ryan Engineering. SP-1 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading/Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install all required improvements by November 15, 2014. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $11,33055. The amount of the security was calculated as 110% of the following: Site Grading/Erosion Control/Restoration $ 2,250.00 Sanitary Sewer and Water services $ 7,200•00 Sub -total, Construction Costs $ 9,450.00 Engineering, surveying, and inspection (7% of construction costs) $ 661.50 Landscaping (2% of construction costs) $ 189.00 Sub -total, Other Costs $ 850.50 TOTAL COST OF PUBLIC IMPROVEMENTS S 10,30050 SECURITY AMOUNT 110% of $10,300 50 $11,330.55 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall SP-2 the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot comers have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Martin Schutrop 540 Lakota Lane Chaska, MN 55318 Phone: 612-480-8251 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. SECURITIES AND FEES An $11,330.55 letter of credit or escrow for the developer -installed improvements, the $23,470.66 cash administration fee and the filly -executed development contract must be submitted and shall be submitted prior to scheduling a pre -construction meeting. The cash fees were calculated as follows: Administration fee: 3% of $9,450.00 $ 283.50 GIS fee: $25 (plat) + (4 parcels x $10/parcel) $ 65.00 Surface water management fee $ 6,584.16 Park Dedication Fee $ 11,600.00 Partial sewer hookup fee: 2 units x $651/unit $ 1,302.00 Partial water hookup fee: 2 units x $1,818/unit $ 3,636.00 Total cash fee $ 23,470.66 B. ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL 1. The developer shall work with staff to realign the access to Lot 1. 2. If the common portion of the driveway to Lots 1 and 2 is damaged during construction, it must be replaced with three inches of bituminous. 3. The driveway easement shall be recorded as a separate document. SP-3 4. The grading plan must be revised so that the grades do not exceed 3H:1 V. 5. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 6. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 7. The sewer and water service connections must be inspected and approved by the City. 8. The developer must submit an escrow for the sewer and water service installation and necessary boulevard restoration associated with the service installation. 9. Lots 1 and 3 are subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. Thirty percent of the City sewer and water hookups are due with the final plat with the remaining 70 percent due with the building permit at the rate in effect at that time. The amount due with the final plat is WAC: 2 units x $1,818/unit = $3,636 and SAC: 2 units x $651/unit = $1,302. 10. The driveway for Lot 1 must be a minimum of five feet from the existing utility pedestal and five feet from the Lot 1/Lot 2 property line. 11. A driveway easement in favor of Lot 3 is required over the common driveway located on Lot 2. 12. The existing overhead service to the existing home on Lot 2 crosses over Lot 3. The developer's options are as follows: a) Record a private easement over the overhead utility against Lot 3 in favor of Lot 2, or b) Relocate the overhead utility and record any necessary private easement, or c) Convert the service to underground. 13. If not already available, the developer is responsible for extending private utilities to the property, such as telephone, cable, electric and gas. 14. The existing propane tank must be removed from Lot 3. 15. The grading plan must be revised to include the 972 ft. and 974 ft. contours at the house pads on Lots 3 and 1, respectively. 16. The hydrology calculations must be revised as follows: SP-4 a) Include drainage from Highway 41. The applicant is not required to treat this runoff, but the volume for a 100-year event needs to be incorporated into the calculations to accurately determine the 100-year elevation of the proposed stomtwater feature. b) The existing drainage area boundaries used for the runoff calculations needs to be revised to include all the area draining to the wetlands, including area outside of the proposed development. This is necessary to accurately calculate the HWL of the wetland. c) Ensure that the post -development discharge rates to both wetlands do not exceed the existing condition. Including the proposed infiltration basins in the hydrology calculations should help to achieve this. d) The curve number for the wetland areas must be 78 C. WATER RESOURCES COORDINATOR CONDITIONS OF APPROVAL 1. Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms are available from MnDOT's utility website at hqp://www.dot.state.mn.us/utility/. 2. Outlot A and the preservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall follow the east property lines of Lots 2 and 3 and the southeast 55 feet of Lots 1 and 2. 3. A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. 4. The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 5. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. 6. The applicant shall provide drainage calculations for pre -development and post - development conditions. 7. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. SP-5 8. SWMP charges shall be paid in the amount of 33 percent of the normal fees due to the protection of land through a combination of preservation easement and the dedication of Outlot A to the City. Total SWMP fees are $19,952.00. The developer shall pay SWMP fees of $6,584.00 at the time of final plat recording. 9. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 10. Infiltration areas must be protected from compaction due to construction related activities. Plans shall be amended to indicate how this will occur. D. ENVIRONMENTAL RESOURCES COORDINATOR CONDITONS OF APPROVAL 1. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 2. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. E. BUILDING OFFICIAL CONDITIONS OF APPROVAL 1. The developer must submit a proposed street name for review and approval prior to final plat of the property. 2. Demolition permits must be obtained before demolishing any structures on the site. 3. A final grading plan and soils report must be to the Inspections Division before permits can be issued. 4. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 5. Each lot must be provided with separate sewer and water services. 6. The developer and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. F. FIRE MARSHAL CONDITION OF APPROVAL: At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. G. PARKS AND RECREATION DIRECTOR CONDITION OF APPROVAL: Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. SP-6 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. [Remainder of Page Intentionally Left Blank] SP-7 CITY OF CH�ANHASSEN BY: (SEAL) Thomas A. Furlong, Mayor � / AND: �' 7 Todd Gerhardt, City Manager STATE OF MINNESOTA )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2013, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of tm City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. p KARENJ.ENGELHARDT Notary Public -Minnesota My Commission Expires Jan 31, 2015 ►y 11 DEVELOPER: STATE OF MINNESOTA ) )ss. COUNTY OF lbw T Yt r The foregoing instrument was acknowledged before me this Mday of , 2013, by Martin K. Schutrop and Kathleen M. Schutrop, husband and wife. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 952-227-1100 NOTARY PUZLIG KIM T. MEUWISSEN Notary Public -Minnesota My commission Expires Jan 31, 2015 SP-9 0 0 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Beginning at the center of Section 9, Township 116, Range 23, Carver County, Minnesota; thence West along the North line of the Southwest Quarter of said section a distance of 228.05 feet; thence deflecting to the left 49 degrees 15 minutes a distance of 514.8 feet along the Easterly right-of-way line of State Highway No. 41; thence deflecting to the left 130 degrees 45 minutes on a line parallel to the North line of the said Southwest Quarter of said section a distance of 571 feet more or less, to a point on the East line of the Southwest Quarter of said section distant 390 feet South of the center of said section; thence North along the East line of the Southwest Quarter of said section a distance of 390 feet to a point of beginning, according to the United States Government Survey thereof and situated in Carver County, Minnesota. r FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of 20_ STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT v 4� which holds a mortgage -ion the subject property, the development of which is govemed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this A21f day of A" j . 20 (3 STATE OF MINNESOTA ) ( ss. COUNTY OF�Vt- ) The foregoing instrument was acknowledged before me thisA4* day of 20lZ,bY�r(c}r� A. ��victclkLL�Z ov�d L«.Ann b. Y,U DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 OTARY PUBL C ""'='�_� KIM T. MEUWISSEN s.. Notary Public -Minnesota �;�r MY Canmissian Expires Jan 37, 2015 • 0 IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated 2 of (Name of Bank) ; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. Im Its CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary GC-1 pemvts from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with constriction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City hispector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area Except as otherwise provided in the erosion and sediment control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash GC-2 0 escrow or letter of credit per lot shall also be finished to the City to guarantee compliance with City Code § 7-22. 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay firll park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one-half (2%:) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. 'These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between GC-3 October 1 through May 1 these conditions must be complied with by the following July 1 st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14.- Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 1001/6 of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re -spread against the plat in accordance with City standards. 17. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and water trunk availability to the site and the hook-up charges established by the City as reasonable compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said hook-up charges are collectible at time of building permit unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. If paid with the building permit, the party applying for the building permit is responsible for payment of these fees. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the some time that the public street is accepted for ownership and GC-4 maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be famished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as -built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City s cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (30/6) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2%:%) of construction costs for the first $1,000,000 and one and one-half percent (1'/z%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat GC-5 • 0 approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre -construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. .ram r B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 100M J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assi hflIZi . The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 am. to 6:00 pm. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. if streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. am- P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off -site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Pemut. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City s ordinances. S. Compliance with Laws, Ordinances, and Re ations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of GC-9 suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi -lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. The Developer, the Developer's contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11"x17" reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2) two complete full-size sets of blue linelpaper as -built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in both Axf & .tif format (the Axf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As -Built Lot Survevs. An as -built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as -built survey is completed. If the weather conditions at the time of the as -built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as -built escrow withheld until all work is complete. _X4MrArmM GC-10 • July 19, 2013 CONSENT TO FILE PLAT Brian A. Klingelhutz and Lou Ann D. Klingelhutz, holder of that certain mortgage dated May 13, 2013, as document number A576719, in the office of the county recorder/Registrar of Titles of Carver county, Minnesota, hereby consents to the filing of that certain plat of Bluff Creek Woods described as follows: See attached exhibit A And hereby joins in and agrees that its interest in the land platted is subject to easements and dedications set forth in the plat as recorded in the office of the County Recorder/Registrar of Titles. Brian A. Klingelhutz Lou Ann D. Klingelhutz STATE OF MINNESOTA COUNTY OF CARVER This instrument was acknowledged before me on by V d..Y` This instrument was drafted by: Brian A. Klingelhutz 8860 Klein Drive Waconia, MN 55387 Notary P My commission expires !S.,(k y .a3 .a0kt3 PATRICIAA. DRESSEL NOTARY PUBLIC•MINNE90TA � w My Comm. Exp. Jan. 31, 2015 1d F • EXHIBIT "A" Beginning at the center of Section 9, Township 116, Range 23, Carver County, Minnesota, thence West along the North line of the Southwest Quarter of said section a distance of 228.05 feet; thence deflecting to the left 49 degrees 15 minutes a distance of 514.8 feet along the Easterly right-of-way line of State Highway No. 41, thence deflecting to the left 130 degrees 45 minutes on a line parallel to the North line of the said Southwest Quarter of said section a distance of 571 feet more or less. to a point on the East line of the Southwest Quarter of said section distant 390 feet South of the center of said section; thence North along the East line of the Southwest Quarter of said section a distance of 390 feet to the point of beginning, according to the United States Government Survev thereof and situate in Carver County, Minnesota. CITY'OF CHANHASSEN • • F O BOX 147 CHANHASSEN MN 55317 08/27/2013 9:57 AM Receipt No. 00229071 CLERK: AshleyM PAYEE: Brian & Lou Ann Klingelhutz 8860 Klein Drive Waconia MN 55387- Bluff Creek Woods ------------------------------------------------------- Security Escrow 11,330.55 Total Cash Check 11589 Change 11,330.55 0.00 11,330.55 0.00 CITY'OF CHANHASSEN • • 9 0 BOX 147 CHANHASSEN MN 55317 08/27/2013 10:05 AM Receipt No. 00229072 CLERK: AshleyM PAYEE: Brian & Lou Ann 8860 Klein Drive Waconia MN 55387 Bluff Creek Woods Klingelhutz --------- -------------------------------------- Administration Fee 283.50 GIS Fee 65.00 Surface Water Management Fee 6,584.16 Park Dedication Fee 11,600.00 Sewer Hookup Fee 1,302.00 Water Hookup Fee 3,636.00 Total Cash Check 11588 Change 23,470.66 0.00 23,470.66 0.00 40 0 Uff OF CgA NSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 August 28, 2013 Mr. Martin Schutrop 540 Lakota Lane Chaska, MN 55318 Re: Bluff Creek Woods — Final Plat Planning Case # 2013-09 Dear Mr. Schutrop: This letter is to confirm that on August 26, 2013, the Chanhassen City Council approved the final plat for Bluff Creek Woods creating three lots and one outlot subject to the following conditions: Engineering 1. At the entrance off Hazeltine Boulevard, a monument sign displaying all four Phone:952.2271160 address numbers shall be installed. In addition, at the start of the individual Fax:952,227.1170 driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. Finance Phone: 952.227.1140 2. Park fees shall be collected in full for the two new homes at the rate in force upon Fax: 952.227.1110 final plat submission and approval. Park Recreation Phone: 952.2271120 3 Any use of or work within or affecting MnDOT rights -of -way requires a permit. Fax: 952.227.1110 Pern►it forms are available from MnDOT's utility website at htto://www.dot.state.mn.ustutility/. Recreation Center 2310 Coulter Boulevard 4. Outlot A and the preservation easement shall be coincidental with the primary Phone: 952.227.1400 zone for the Bluff Creek Overlay District and shall be recorded with the final plat. Fax: 952.227.1404 The primary zone shall follow the east property lines of Lots 2 and 3 and the Planning a southeast 55 feet of Lots 1 and 2. Natural Resources Phone:952.227.1130 5. A structure setback of 40 feet is required from the primary zone. No disturbance Fax: 952.227.1110 shall occur within the first 20 feet of the setback Public works 6. The Bluff Creek Overlay District primary zone and the corresponding setback 79Park Place Phone: 952.2271300 shall be shown on all plan sheets. e: Fax: 952.227.1310 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be Senior center installed at all major angle points and at the intersection of lot lines with the Phone:952.227,1125 primary zone boundary. Site plans shall be amended to show the placement of the Fax:952227.1110 signs. Web Site www.ci.chanhassen.mn.us 8. The applicant shall provide drainage calculations for pre -development and post - development conditions. SCANNED Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow Mr. Martin Schutrop • • August 28, 2013 Page 2 9. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 10. SWMP charges shall be paid in the amount of 33 percent of the normal fees due to the protection of land through a combination of preservation easement and the dedication of Outlot A to the City. Total SWMP fees are $19,952.00. The developer shall pay SWMP fees of $6,584.00 at the time of final plat recording. 11. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 12. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 13. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 14. The developer shall work with staff to realign the access to Lot 1. 15. If the common portion of the driveway to Lots 1 and 2 is damaged during construction, it must be replaced with three inches of bituminous. 16. The driveway easement shall be recorded as a separate document. 17. The grading plan must be revised so that the grades do not exceed 3H:IV. 18. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 19. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 20. The sewer and water service connections must be inspected and approved by the City. 21. The developer must submit an escrow for the sewer and water service installation and necessary boulevard restoration associated with the service installation. 22. Lots 1 and 3 are subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. Thirty percent of the City sewer and water hookups are due with the final plat with the remaining 70 percent due with the building permit at the rate in effect at that time. The amount due with the final plat is WAC: 2 units x $1,818/unit = $3,636 and SAC: 2 units x $651/unit = $1,302. Mr. Martin Schutrop • August 28, 2013 Page 3 23. The developer must submit a proposed street name for review and approval prior to final plat of the property. 24. Demolition permits must be obtained before demolishing any structures on the site. 25. A final grading plan and soils report must be submitted to the hvcpections Division before permits can be issued. 26. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 27. Each lot must be provided with separate sewer and water services. 28. The developer and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. 29. Infiltration areas must be protected from compaction due to construction -related activities. Plans shall be amended to indicate how this will occur. 30. The driveway for Lot 1 must be a minimum of five feet from the existing utility pedestal and five feet from the Lot 1/Lot 2 property line. 31. A driveway easement in favor of Lot 3 is required over the common driveway located on Lot 2. 32. The existing overhead service to the existing home on Lot 2 crosses over Lot 3. The developer's options are as follows: a) Record a private easement over the overhead utility against Lot 3 in favor of Lot 2, or b) Relocate the overhead utility and record any necessary private easement, or c) Convert the service to underground 33. If not already available, the developer is responsible for extending private utilities to the property, such as telephone, cable, electric and gas. 34. The existing propane tank must be removed from Lot 3. 35. The grading plan must be revised to include the 972 ft. and 974 ft. contours at the house pads on Lots 3 and 1, respectively. 36. The hydrology calculations must be revised as follows: a) Include drainage from Highway 41. The applicant is not required to treat this runoff, but the volume for a 100-year event needs to be incorporated into the calculations to accurately determine the 100-year elevation of the proposed stormwater feature. Mr. Martin Schutrop • August 28, 2013 Page 4 b) The existing drainage area boundaries used for the runoff calculations needs to be revised to include all the area draining to the wetlands, including area outside of the proposed development. This is necessary to accurately calculate the HWL of the wetland. c) Ensure that the post -development discharge rates to both wetlands do not exceed the existing condition. Including the proposed infiltration basins in the hydrology calculations should help to achieve this. d) The curve number for the wetland areas must be 78. Two signed mylar copies of the final plat shall be submitted to our office for signatures. One 1 "=200' scale mylar reduction of the final plat and one 1 "=200' scale paper reduction of the final plat with just street names and lot and block numbers shall be submitted. The executed development contract and the required fees ($23,470.66) and security ($11,330.55) specified therein shall be submitted to the City. In addition, a digital copy in .dxf format and a digital copy in .tif format (pdf compatible) in Carver County coordinates of the final plat shall be submitted. The City will submit all the necessary documents to Carver County for recording. Processing of the final plat documents prior to recording usually takes approximately two weeks upon receipt by the city A warranty deed for Outlot A, the preservation easement and private street easement shall be prepared and executed for recording with the final plat documents. Additionally, all current year taxes must be paid in full and any delinquent property taxes or green acres taxes must also be paid. Once everything is submitted, please contact Gordy Stauff at 952-227-1166 to coordinate the preconstruction meeting Should you have any questions, please contact me at (952) 227-1131 or by email at bgenerousna ci.chanhassen.mn.us. Sincere` %� Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official gAplan\2013 planning cases12013-09 bluff creek woodAfinal plat documentstappmval leuer.doc • q /3-b� Chanhassen City Council — August 26, 2013 David Hodell: Yep. Mayor Furlong: Ali Muffenbier. Bailey Muffenbier. Nick Olson. Laura Price. Jake Smith. Sam Smith. Let's give them a round of applause. (A picture was taken of all the volunteers with Mayor Furlong.) Mayor Furlong: Thanks so much. We really appreciate your help. Just a quick follow-up for those watching. Mitch or Mr. Hoffrnan, for people that might be interested in participating next year, the information was out in the Connection I assume or on the website, is that correct? Mitch Johnson: In the summer Connection we'll post that. Mayor Furlong: In the summer Connection next year? Okay, very good. Thank you. Let's move on now with our agenda items. The first set will be on the consent agenda. CONSENT AGENDA: Mayor Furlong: I know Mr. McDonald you had an item that you wanted to remove from the consent agenda for separate discussion. Councilman McDonald: Yes Mr. Mayor. I would like to remove item number 6 which is the approval of the resolution of support for Southwest Transit for discussion among council. Mayor Furlong: Are you looking for a long discussion? Should we bring that up after the law enforcement presentations or under new business? Councilman McDonald: Wherever you want to put it, I'm fine with that. Mayor Furlong: Why don't we just bring it up under, we'll add new business after G after H, if that's okay. Councilman McDonald: That's okay with me. Mayor Furlong: Alright, thank you. Any other items? Items 1 through 7 excluding 6 under E. Councilman Laufenburger moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: 1. Approval of City Council Minutes dated August 12, 2013. 2. Receive Park and Recreation Commission Minutes dated July 23, 2013. 3. Approve Amendment to Pages SP-2 and SP-3 of The Preserve at Bluff Creek 5'" Addition Development Contract. 4. Bluff Creek Woods, 7331 Hazeltine Boulevard, Applicant: Martin Schutrop: a. Final Plat Approval. b. Approval of Development Contract. SCANNED 0 • Chanhassen City Council — August 26, 2013 5. Fretham 15" Addition, 6300 Chaska Road, Applicant: Curt Fretham: a. Final Plat Approval. b. Approval of Development Contract. 7. Surface Water Management Plan Update: Award of Contract. All voted in favor and the motion carried unanimously with a cote of 5 to 0. VISITOR PRESENTATIONS. None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Lt. Jeff Enevold: Good evening Mr. Mayor, council. I got a short power point for you here and I also have our School Resource Officer, Bob Zydowsky who's going to give an update on the 2013/2014 school year. Just wanted to update you on National Night Out. Before we got to National Night Out Beth came into my office a couple weeks before and said what can we do to kind of make things new and make things a little bit more exciting on National Night Out. So I thought about it and I said to Beth, why don't we implement some of the programs that we've done in our Citizens Academy and bring them out to the neighborhoods and see what they think about it so one of the things we did here is we purchased a mat that goes with the DWI goggles that you have to walk down and this was really a big hit in some of the neighborhoods. Some of the kids got involved. You'll see some of the, and some of the kids just goofed around and played on it. Some other things that we implemented were, we talked about let's bring the taser out there so we got a cardboard target. We brought the tasers out and we let some of the folks shoot some training rounds and we also brought out our preliminary breath test which gives you an alcohol reading and we showed them how to use that and we brought some Bianca in case anybody didn't have any beers at their party so brought some Bianca and kind of showed them how that worked and it was pretty successful. I mean I think they really enjoyed it and it kind of gives them a feel of some of the things that we do and changes things up a little bit so. And then we also showed off the squad cars that we have. We've got some great equipment in there and hopefully that's a recruit we got sitting behind the wheel there so. And then you can see some more, Sergeant Bromwell was at this neighborhood and I think Todd and Laurie were with John so great, great event. Then you can see how National Night Out ended there. The Chanhassen storm rolled in and kind of put a damper on things so we had to call it quits early. And I'll ask Bob to come up here and kind of give his update on the upcoming school year in the Chanhassen High School. Bob Zydowsky: Thank you Mayor. Mayor Furlong: Good evening. Bob Zydowsky: City Council for having me. I guess I'm just going to kind of go through some of the things I do to get ready for school. You know there was a buzz today at school, the teachers are back. They're getting their bulletin boards ready and it's alive and well at Chanhassen High School but you know some of the things I've done this past year in January, the 3 of us always attend a conference in Duluth. Minnesota Juvenile Officers Association. There's about 250 officers that attend that so it's a great conference to network with other SRO's from different communities. Kind of talk about how they're doing different types of things. This year in January if we're approved to go there so I can do some live exercises with lockdowns and those sorts of things. This past February I attended a Prepare class, kind of a crisis prevention and a preparedness with school safety planning. That was sponsored through the school district. And in early June Mental Health for Teens was sponsored by the Carver is • 45 - q a, CITY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone:952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone:952.227.1160 Fax: 952.227.1170 Finance Phone:952.2271140 Fax:952.227.1110 Park & Recreation Phone:952.227.1120 Fax:952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone:952.227.1130 Fax:952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax:952.227.1110 Web Site www.ci.chanhassen.mn.us Ihm Did to) A110 1111111131 TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: August 26, 2013 ok" SUBJ: Final Plat Approval — Bluff Creek Woods Planning Case #2013-4 4 PROPOSED MOTION "The Chanhassen City Council approves the final plat for Bluff Creek Woods subject to the conditions of the staff report" Approval requires a majority vote of City Council. PROPOSAL SUMMARY The applicant, Martin Schutrop, is requesting final plat approval for a three lot single-family development on 3.57 acres zoned Single -Family Residential District (RSF) located at 7331 Hazeltine Boulevard. BACKGROUND On June 10, 2013, the Chanhassen City Council approved Rezoning the property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); PreliminaryPlat with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. SUBDIVISION REVIEW The applicant is requesting final plat review for a three lot, single- family residential subdivision with one outlot containing the Bluff Creek primary zone. The existing house on the property is proposed to remain on Lot 2. The Bluff Creek primary zone boundary 1V1W carer NUM i i,. i Chanhassen is aCommunilyforLife- ProvidingforTodayandPlanningforTomorrow SCANNED Bluff Creek Woods Final Plat August 26, 2013 Page 2 follows the eastern perimeter of the site, crosses the southern 55 feet of Lots 1 and 2, and encompasses all of Outlot A. Access will be via a private street which serves the property to the north as well as the three lots within the development. STREETS AND ACCESS The property is east of State Highway 41. The existing home on the subject property shares an access with the home to the north. The two additional lots proposed would also share this access to Highway 41. The driveway to Lot 3 will extend between the two existing driveways. This driveway is not 10 feet from the property line, therefore a variance is required. Staff supports the variance because the site constraints do not allow for the 10-foot separation. The driveway must be at least five feet from the existing utility pedestal to the northeast and five feet from the Lot 1/Lot 2 property line. The developer proposes to utilize a portion of the driveway on Lot 2 to provide access to Lot 1. A driveway easement must be dedicated over this section of the driveway. If the common portion is damaged during site construction it must be replaced with a minimum of 3 inches of bituminous. iTI'ILITIES Eight -inch public sanitary sewer and 12-inch public watermain lie east of State Highway 41 within the right-of-way. The developer proposes to install sewer and water services to Lots 1 and 3. A permit is required from MnDOT to install these services. The City must be notified a minimum of 72 hours before the services are to be installed. The service connections must be inspected and approved by the City. The developer must submit an escrow for the sewer and water service installations and the associated boulevard restoration. Lots 1 and 3 will be subject to City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. Thirty percent (30%) of the City hook-up charges must be paid with the final plat and are calculated as follows: Water: 2 units x $1,818/unit = $3,636 Sewer: 2 units x $651/unit = $1,302 The remaining 70% of the hook-up fees and the Metropolitan Council Sanitary Access Charge must be paid with the building permits at the rate in effect at that time. Surface water management (SWMP) fees are based upon an assessable area of 2.90 acres (3.58 acres less Outlot A). The SWMP fees due at final plat are $6,584.16. The existing overhead service to the existing home on Lot 2 crosses over Lot 3. The developer's options are as follows: 1. Record a private easement over the overhead utility against Lot 3 in favor of Lot 2, or 2. Relocate the overhead utility and record any necessary private easement, or Bluff Creek Woods Final Plat August 26, 2013 Page 3 3. Convert the service to underground. If not already available, the developer is responsible for extending private utilities to the property, such as telephone, cable, electric and gas. The existing propane tank must be removed from Lot 3. GRADING, DRAINAGE AND EROSION The developer proposes that the lots be custom graded and has submitted a plan showing how the proposed lots can accommodate a home. The grading plan must be revised so that the grades do not exceed 3H:IV, must include the 972-ft. and 974-ft. contours at the house pads on Lots 3 and 1, respectively. Currently the southern 1/3 acre of the property drains to the south, ultimately to a storm sewer owned and maintained by the Minnesota Department of Transportation (MnDOT). The remainder of the property currently drains to the wetland to the north. This wetland outlets to the west into the MnDOT storm sewer. The proposed drainage patterns are very similar to the existing condition. The developer proposes custom graded lots, meaning that final grading plans for Lots 1 and 3 will be submitted with the building permit for approval. The final grading plans shall not adversely impact the drainage to adjacent properties. The developer must obtain a MnDOT drainage permit to ensure that the proposed discharge rates to MnDOT right-of-way will not exceed the existing condition. The developer's engineer has submitted drainage calculations for the proposed subdivision. The calculations must be revised to address the following: 1. Include drainage from Highway 41. The applicant is not required to treat this runoff, but the volume for a 100-year event needs to be incorporated into the calculations to accurately determine the 100-year elevation of the proposed stormwater feature. 2. The existing drainage area boundaries used for the runoff calculations needs to be revised to include all the area draining to the wetlands, including area outside of the proposed development. This is necessary to accurately calculate the HWL of the wetland. 3. Ensure that the post -development discharge rates to both wetlands do not exceed the existing condition. Including the proposed infiltration basins in the hydrology calculations should help to achieve this. 4. The curve number for the wetland areas must be 78. The site is 3.58 acres in area and may have a total disturbance of one acre. This means that the site will require an NPDES construction permit. The City shall be provided confirmation of the Bluff Creek Woods Final Plat August 26, 2013 Page 4 permit and a Surface Water Pollution Prevention Plan (SWPPP) must be prepared and submitted to the City for review and comment. PARKS AND RECREATION The Bluff Creek Woods subdivision request for three single-family lots is subject to a single condition of approval for parks and trails. The payment of park dedication fees at the rate in force upon final plat approval for two of the three lots. The lot with the existing residence is exempt from this fee. At today's rate, the payment of a total of $11,600 in park dedication fees is required. These fees will be deposited in the City's park and trail dedication fund for utilization on future park and trail improvements. COMPLIANCE TABLE Lot Area Excluded Lot Lot (sq. ft.) Lot Area Width Depth Notes Code Area in private street 15,000 easement, 100 125 neck lot area less than 100 ft. width Lot 1 Bluff Creek primary zone to 47,625 0 135 353 east, south 55 feet and southwest y line. Lot 2 Bluff Creek primary zone 44,167 300 120 387 southeast 55 feet and east property line Lot 3 Neck lot, Bluff Creek primary 33,895 5,050 100 182 zone east lot line Outlot A 30,060 Bluff Creek Prim Zone Total 155,74 5,350 3.57 acres Setbacks: Front 30 feet, Side 10 feet, Rear 30 feet, Bluff Creek Primary Zone 40 feet. The setback for neck lots begins at the point the lot measures 100 feet in width. REVIEW CONDITIONS OF APPROVAL At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. *This condition still applies. Bluff Creek Woods Final Plat • August 26, 2013 Page 5 2. Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. *This condition still applies. 3. Any use of or work within or affecting MnDOT rights -of -way requires a permit. Permit forms are available from MnDOT's utility website at http://www.dot.state.mn.us/utility/. *This condition still applies. 4. Outlot A and the preservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall follow the east property lines of Lots 2 and 3 and the southeast 55 feet of Lots 1 and 2. The common lot line between Outlot A and Lot 1 shall be shifted 15 feet to the southwest. *This condition shall be modified as follows: Outlot A and the preservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall follow the east property lines of Lots 2 and 3 and the southeast 55 feet of Lots 1 and 2. < 40 WM k ws. Preliminary Plat (70 ft.) Final Plat (55 ft.) 5. A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. *This condition shall be modified as follows: A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. -The 6. The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. *This condition still applies. Bluff Creek Woods Final P • August 26, 2013 Page 6 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. *This conditions still applies. 8. In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot I shall share a common drive with Lot 2 until the existing hammerhead. *This condition has been met. 9. The applicant shall provide drainage calculations for pre -development and post -development conditions. *This condition still applies. 10. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. *This condition still applies. 11. SWMP charges shall be paid in the amount of 33 percent of the normal fees due to the protection of land through a combination of preservation easement and the dedication of Outlot A to the City. Total SWMP fees are $19,952.00. The developer shall pay SWMP fees of $6,584.00 at the time of final plat recording. *This condition still applies. 12. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. *This condition still applies. 13. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. *This condition still applies. 14. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Bluff Creek Woods Final PO • August 26, 2013 Page 7 *This condition still applies. 15. The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. *This condition has been met. 16. Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. *This condition has been met. 17. The developer shall work with staff to realign the access to Lot 1. *This condition still applies. 18. The developer must provide proof that the common portion of the driveway to Lots I and 2 meets a 7-ton design. This condition shall be modified as follows: The developer- Riust provide pr-e .f lhat If the common portion of the driveway to Lots 1 and 2 Fneets a 7 ton design is damaged during construction, it must be replaced with three inches of bituminous. 19. If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. *This condition does not apply. 20. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. *This condition shall be modified as follows: The driveway easement shall be recorded as a separate document; all _ec _enees to the drivewa , easement shall be _ ed ffem the pr-eliminar-y plat. 21. The grading plan must be revised so that the grades do not exceed 3H:IV. *This condition still applies. 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. *This condition still applies. Bluff Creek Woods Final A • August 26, 2013 Page 8 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. *This condition still applies. 24. The sewer and water service connections must be inspected and approved by the City. *This condition still applies. 25. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. *This condition shall be modified as follows: The developer must submit an escrow for the sewer and water service installation and necessary boulevard restoration associated with the service installation. 26. Lots I and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. *This condition shall be modified as follows: Lots I and 3 are willhe subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access ChargeThese fees shall be eelleeted in aeeerdanee wi4h the City Gode at the rate in efteet at the 4Fn,— Thirty percent of the City sewer and water hookups are due with the final plat with the remaining 70 percent due with the building permit at the rate in effect at that time. The amount due with the final plat is WAC: 2 units x $1,818/unit = $3,636 and SAC: 2 units x $651/unit = $1,302. Based on review of the final plat, staff recommends that the following conditions be added: The developer must submit a proposed street name for review and approval prior to final plat of the property. 2. Demolition permits must be obtained before demolishing any structures on the site. 3. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 4. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 5. Each lot must be provided with separate sewer and water services. Bluff Creek Woods Final Po • August 26, 2013 Page 9 6. The developer and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. 7. Infiltration areas must be protected from compaction due to construction -related activities. Plans shall be amended to indicate how this will occur. 8. The driveway for Lot 1 must be a minimum of five feet from the existing utility pedestal and five feet from the Lot not 2 property line. 9. A driveway easement in favor of Lot 3 is required over the common driveway located on Lot 2. 10. The existing overhead service to the existing home on Lot 2 crosses over Lot 3. The developer's options are as follows: a) Record a private easement over the overhead utility against Lot 3 in favor of Lot 2, or b) Relocate the overhead utility and record any necessary private easement, or c) Convert the service to underground 11. If not already available, the developer is responsible for extending private utilities to the property, such as telephone, cable, electric and gas. 12. The existing propane tank must be removed from Lot 3. 13. The grading plan must be revised to include the 972 ft. and 974 ft. contours at the house pads on Lots 3 and 1, respectively. 14. The hydrology calculations must be revised as follows: a) Include drainage from Highway 41. The applicant is not required to treat this runoff, but the volume for a 100-year event needs to be incorporated into the calculations to accurately determine the 100-year elevation of the proposed stormwater feature. b) The existing drainage area boundaries used for the runoff calculations needs to be revised to include all the area draining to the wetlands, including area outside of the proposed development. This is necessary to accurately calculate the HWL of the wetland. c) Ensure that the post -development discharge rates to both wetlands do not exceed the existing condition. Including the proposed infiltration basins in the hydrology calculations should help to achieve this. d) The curve number for the wetland areas must be 78. Bluff Creek Woods Final A • August 26, 2013 Page 10 RECOMMENDATION Staff recommends approval of the final plat for Bluff Creek Woods subject to the following conditions: At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2. Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3. Any use of or work within or affecting MnDOT rights -of -way requires a permit. Permit forms are available from MnDOT's utility website at httn://www.dot.state.mn.us/utility/. 4. Outlot A and the preservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall follow the east property lines of Lots 2 and 3 and the southeast 55 feet of Lots 1 and 2. 5. A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback 6. The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. 8. The applicant shall provide drainage calculations for pre -development and post -development conditions. 9. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 10. SWMP charges shall be paid in the amount of 33 percent of the normal fees due to the protection of land through a combination of preservation easement and the dedication of Outlot A to the City. Total SWMP fees are $19,952.00. The developer shall pay SWMP fees of $6,584.00 at the time of fmal plat recording. 11. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. Bluff Creek Woods Final A August 26, 2013 Page 11 12. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 13. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 14. The developer shall work with staff to realign the access to Lot 1. 15. If the common portion of the driveway to Lots 1 and 2 is damaged during construction, it must be replaced with three inches of bituminous. 16. The driveway easement shall be recorded as a separate document. 17. The grading plan must be revised so that the grades do not exceed 3H:1V. 18. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 19. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 20. The sewer and water service connections must be inspected and approved by the City. 21. The developer must submit an escrow for the sewer and water service installation and necessary boulevard restoration associated with the service installation. 22. Lots 1 and 3 are subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. Thirty percent of the City sewer and water hookups are due with the final plat with the remaining 70 percent due with the building permit at the rate in effect at that time. The amount due with the final plat is WAC: 2 units x $1,818/unit = $3,636 and SAC: 2 units x $651/unit = $1,302. 23. The developer must submit a proposed street name for review and approval prior to final plat of the property. 24. Demolition permits must be obtained before demolishing any structures on the site. 25. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 26. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 27. Each lot must be provided with separate sewer and water services. Bluff Creek Woods Final If August 26, 2013 Page 12 28. The developer and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. 29. Infiltration areas must be protected from compaction due to construction -related activities. Plans shall be amended to indicate how this will occur. 30. The driveway for Lot 1 must be a minimum of five feet from the existing utility pedestal and five feet from the Lot I /Lot 2 property line. 31. A driveway easement in favor of Lot 3 is required over the common driveway located on Lot 2. 32. The existing overhead service to the existing home on Lot 2 crosses over Lot 3. The developer's options are as follows: a) Record a private easement over the overhead utility against Lot 3 in favor of Lot 2, or b) Relocate the overhead utility and record any necessary private easement, or c) Convert the service to underground 33. If not already available, the developer is responsible for extending private utilities to the property, such as telephone, cable, electric and gas. 34. The existing propane tank must be removed from Lot 3. 35. The grading plan must be revised to include the 972 ft. and 974 ft. contours at the house pads on Lots 3 and 1, respectively. 36. The hydrology calculations must be revised as follows: a) Include drainage from Highway 41. The applicant is not required to treat this runoff, but the volume for a 100-year event needs to be incorporated into the calculations to accurately determine the 100-year elevation of the proposed stormwater feature. b) The existing drainage area boundaries used for the runoff calculations needs to be revised to include all the area draining to the wetlands, including area outside of the proposed development. This is necessary to accurately calculate the HWL of the wetland. c) Ensure that the post -development discharge rates to both wetlands do not exceed the existing condition. Including the proposed infiltration basins in the hydrology calculations should help to achieve this. d) The curve number for the wetland areas must be 78. Bluff Creek Woods Final 1 August 26, 2013 Page 13 ATTACHMENTS 1. Reduced Copy Final Plat • J m Q / I \ !� � a pl • £ � rrww s Q £ 6 F � Y < B � g 9 E `8 a.$ Y a t y �g g C 8$ D �y 3 p O gp 6g a June 14, 2013 Martin Schutrop 540 Lakota Lane Chaska, MN 55318 Re: Preliminary Plat for Bluff Creek Woods Planning Case #2013-09 Dear Mr. Schutrop: BLUFF CREEK WOODS FINAL PLAT is scheduled for the August 26, 2013 City Council meeting. Please review the conditions of approval in this letter with the attached plans and respond to Bob no later than Friday. August 9.2013. Respond to each condition as follows: • Still applies • Does not apply or has been met • Is modified as follows (include modification) • New condition This letter is to confirm that on June 10, 2013, the Chanhassen City Council approved the Rezoning of the property from Agricultural Estate District (A-2) to Single -Family Residential District (RSF); PreliminaryPlat with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2. Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3. Any use of or work within or affecting MnDOT right-of-way requires a permit. Permit forms y,, are available from MnDOT's utility website at htti)://www.dot.state.mn.us/utiliiy/. ARU6S 4. Outlot A and the preservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall follow the east property lines of lots 2 and 3 and the southeast 55 feet of Lots 1 and 2. nc r TF'a"^ " '^* li ►fie between�tlat A ant r ^tl shalLheed-}4 fert to thesoutl�vest. 5. A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. IU m aced eradin 1 ns shall he amended to show how . 6. The Bluff Creek Overlay District primary zone and the correspondingAetbaek shall be shown vn. on all plan sheets. 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. 571� Site plans shall be amended to show the placement of the signs. W ILICS SCANNED Martin Schutrop • • June 14, 2013 Page 2 8. In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot I shall share a common drive with Lot 2 until the existing ,�. hammerhead. 4 M'TON IlE 9. The applicant shall provide drainage calculations for pre -development and post -development 3iw conditions. A(P. CS 10. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, 3T pg4u �S whichever is stricter. `. 11. SWMP charges shall be paid in the amount of 33 percent of the normal fees due to the protection of land through a combination of preservation easement and the dedication of Outlot A to the City. Total SWMP fees are $19,952.00. The developer shall pay SWMP fees of $6,584.90 at the time of final plat recording. IV 12. Water that now heads west and then south along the trail and away from this area will be J directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 571. WmE > 13. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. S 14. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15. The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. "`t 16. Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17. The developer shall work with staff to realign the access to Lot 1. 18. The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7-ton design. 19. If the existing driveway does not meet the 7-ton design standard, the developer must install the 7-ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21. The grading plan must be revised so that the grades do not exceed 3H:1 V. Y Martin Schutrop June 14, 2013 Page 3 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right-of-way. 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24. The sewer and water service connections must be inspected and approved by the City. 25. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26. Lots 1 and 3 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. rl. l"nVr"71y4 ARisks hos-r -ee wwanao reen tee+tlt_1 �r1 i>x ro cows�R.a� t W tc"LM2O Final plat documents must be submitted to the City 30 days prior to the City Council meeting in kv,v�a�s which you wish to have your final plat approved. Conditions of the preliminary plat approval T.te Q,A.,.S must be addressed for final plat approval. Enclosed is the list of items required for submittal fors rva,,_ final plat approval. AlheNeao -ro 2f. [nu` P%*- hva-t SKO,-+ -taasaW t-MSTost �cccAt %C H4 . Mw Should you have any questions, please contact me at (952) 227-1131 or by email at bgenerousna ci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official Perry Ryan, Ryan Engineering g:Iplan\2013 planning cas 2013-09 bluff meek woodslappmval letter prelim plat for final plat review.doc 1ntS NEc.Es1161.7.7 Srto..� NOti, Txt S tS �• `3c Ac�RPu Srtn E 0 ADVANCE SURVEYING & ENGINEERING CO. 5300 Highway 101, Minnetonka, MN 55345 Phone (952) 474-7964 Fax (952) 225- 0502 Web: www.advsur.com Date: July 19, 2013 Lot Tabulations for Bluff Creek Woods Lot 1. Block 1: 47,625 Sq. Ft. Lot 2. Block 1: 44,167 Sq. Ft. Lot 3, Block 1: 33,895 Sq. Ft. Outlot A. Block l: 30,060 Sq. Ft. ADVANCE SURVEYING & ENGINEERING CO. SCANNED § . ` TW } � %' T TW ^ = m (� z 7 ; _ » §2 , - - --- 3 § + ®-. - -- - - - - - ` . m- - - - - <- � ) / q / - 2 � ; z \ m ( , - : U w x ,2 \ § � p p I I I I 110 10 I I I I I I I I I 1 B Ww■a I M w 1!f Ma ax V f\Y uo uaO� alas Imlm a H MT auwo c1oa1 we aam Va x rYr uc Q x s t� Q a L ca1 aolwr �rwsswaa use O oen16 aa11101�l1! Ni � 0 1A apl R N COI IION 141�81! fT MO Y�II®R 11®Z ru aaualls ima®R raon� n1nnL acne aaal a W Mi a aYr, aLL � aT a�a1 a[ tell a x I®aa�a wa a •a Mi, MO !WL �[ [1®®R 41/t COI R H api pl NC YM® R RL.i pl Ya BLUFF — — �aa uc or x � 1N ar uloi o GRAPHIC SCALE fuel // / ♦9 , ' P 91 lb , 1J i NET LAND bj \ / / / / FA CREEzr PRgORE-��M v\��POE FOODS N 89-"47' W 228.05 (DEED) RECEIVED JUL 2 6 2013 CITY OF CHANHASSEN vNP�P-�-�Eo CITY OF CHANHASSEN RECEIVED JUL 2 6 2013 CHANHASSEN PUNNING DEPT M $9 PRBORE G SCANNED ADVANCE SURVEYING & ENGINEERING CO. JWLL I L UP l JHLP Ri BLUFF CIIEEX 1lOOD9 KNOW ALL PERSONS BY THESE PRESENTS: That Martin K. Schutrop and Kathleen M. Schutrop, husband and wife, fee owners of the following described property situated in the County of Carver, State of Minnesota, to wit: Beginning at the center of Section 9, Township 116, Range 23, Carver County, Minnesota; thence West along the North line of the Southwest Quarter of said section a distance of 225.05 feet; thence deflecting to the left 49 degrees 15 minutes a distance of 514.5 feet along the Easterly right-of-way line of State Highway No. 41; thence deflecting to the left 130 degrees 45 minutes on a line parallel to the North line of the said Southwest Quarter of said section a distance of 571 feet more or less, to a point on the East line of the Southwest Quarter of said section distant 390 feet South of the center of said section; thence North along the East Tine of the Southwest Quarter of said section a distance of 340 feet to the point of beginning, according to the United States Government Survey thereof and situate in Carver County, Minnesota. Has caused the same to be surveyed and platted as BLUFF CREEK WOODS and does hereby donate and dedicate to the public for public use forever the easements as shown on this plar for drainage and utility purposes only. In witness whereof said Martin K. Schutrop and Kathleen M. Schutrop, husband and wife, have hereunto set their hands this _ day of 2013, Martin K. Schutrop STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of Notary Public, _ My Commission Kathleen M_ Schutrop County, Minnesota Notary Primed Name 2013, by Martin K. Schutrop and Kathleen M. Schutrop. 1 hereby certify that 1 surveyed and platted or directly supervised the surveying and platting of the lard described on this plat, this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat, all monuments depicted on this plat have been, or will be correctly set within one year, all water boundaries and wet lands as of the date of this date are shown and labeled; and all public ways are shown and labeled. James n. career, tlegenered land Surveyor Minnesota License No. 9235 STATE OF MINNESOTA COUNTYOF The foregoing Surveyor's Certificate by James H. Parker, Minnesota License No. 9235, was acknowledged before me this day of .2013. Notary Public, _ My Cammrssne, Minnesota Notary Printed Name CHANHASSEN, MINNESOTA This plat of Bluff Cmek Woods was approved and accepted by the City Council of the City of Chanhassen, Minnesota at a regular mating thereof held tlnis day of . 2013, and is in compliance with the provisions of Minnesota Statutes, Section 505.03, Solid. 2. CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA Mayor Clerk COUNTY SURVEYOR Carver County, Minnesota Pursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this day of .2013 John E. Freemyer, County Surveyor By: COUNTY AUDITORfrREASURER, Carver County, Minnesota I hereby certify that taxes payable in and prior years have been paid for land desmbed on this plat Dated this day of 2013 Laurie Engelen, Courtly AuddoriTreasurer By: COUNTY RECORDER, Carver County, Minnesota 1 hereby certify that this plat of BLUFF CREEK WOODS was filed this _ day of , 2013 in —o'clock _.M as Document No. Carl W. Hansom. Jr_ County Recorder By: SCANNED ADVANCE SURVEYING & ENGINEERING CO. SHEET J OF 2 SHEETS