08-12-24 CC itemCity Council Item
August 12, 2024
Item Consider Preliminary Plat, Final Plat, and Development Contract Approval for
Waterview, a proposed 5-lot subdivision at 6870 Minnewashta Parkway.
File No.Planning Case 24-11 Item No: G.1
Agenda Section GENERAL BUSINESS
Prepared By Rachel Jeske, Planner
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
"The City Council approves the requested preliminary plat, final plat, and development contract for
the five-lot subdivision at 6870 Minnewashta Parkway subject to the conditions of approval and
adopts the attached Findings of Fact and Decision."
Motion Type Simple Majority Vote of members present
Strategic
Priority Development & Redevelopment
SUMMARY
The applicant is requesting the splitting of a 3.02 acre parcel zoned Single-Family Residential and
guided for Residential Low Density development into five lots and two outlots. The preliminary plat as
proposed adheres to the city's zoning ordinances and does not trigger any variance requests. Outlot A
will be required to be deeded to Lot 4, Block 1, and Outlot B will be required to be deeded to Lot 5,
Block 1 so they may not be sold independently from their respective lots. This subdivision would be
required to complete the construction of the cul-de-sac at the end of White Oak Lane which previously
was only partially constructed.
The property is located east of Country Oaks Road, west of Lake Minnewashta, and is bisected by
Minnewashta Parkway. Access to four of the lots is proposed via White Oak Lane and access for the
fifth lot is proposed via Stratford Lane. The existing driveway access onto Minnewashta Parkway is to
be eliminated.
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BACKGROUND
Typically the City Council will review a development projects preliminary plat and its final plat at
separate meetings. That is based on an applicant mitigating potential risk in the event a preliminary plat
is denied. This applicant has requested concurrent review of the preliminary plat, final plat, and
development contract because the project has a low level of complexity as a result of not having to
construct any new public or private roadways and the engineered plan sets associated with this
development proposal are not as complex as a typical subdivision. Preparing the full submittals for
preliminary and final plat concurrently do present some increased risk to the developer however by
applying and reviewing them concurrently the city is able to more quickly and efficiently bring a project
through the entitlement process.
DISCUSSION
BUDGET
RECOMMENDATION
Staff recommends that City Council adopts the following motion and the attached Findings of Fact and
Decision. "The City Council approves the requested preliminary plat, final plat, and development
contract for the five-lot subdivision at 6870 Minnewashta Parkway subject to the conditions of approval
and adopts the attached Findings of Fact and Decision."
ATTACHMENTS
Preliminary Plat - Waterview
Final Plat - Waterview
Development Contract
PC Findings of Fact
Staff Report
Staff Plan Comments
Civil Plan Set
246
247
VICINITY MAPVICINITY MAPSECTION 5, TOWNSHIP 116, RANGE 23NOT TO SCALELAKEMINNEWASHTASHEET 1 OF 2 SHEETSWATERVIEWSRRGNNE ENIGEDESIENNSATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLA C.R. DOC. NO._________PLAT FILE NO._________KNOW ALL PERSONS BY THESE PRESENTS: That Wooddale Builders, Inc., a Minnesota corporation, fee owner of the following described property situated in the State of Minnesota, County of Carver, to wit:That part of Government Lot 6, Section 5, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows:Beginning at a point on the west line of said Government Lot 6 distant 704.93 feet northerly from the southwest corner of said Government Lot 6; thence on an assumed bearing of North, along said west line, a distance of 207.80 feet to a point on said west line distant 396.00 feet southerly fromthe northwest corner of said Government Lot 6; thence on a bearing of East, parallel with the north line of said Government Lot 6 about 843 feet to the shoreline of Lake Minnewashta; thence southerly along said shoreline, to the intersection with a line bearing South 89 degrees 43 minutes 30seconds East from the point of beginning; thence North 89 degrees 43 minutes 30 seconds West about 719 feet, to the point of beginning.Has caused the same to be surveyed and platted as WATERVIEW and does hereby dedicate to the public for public use forever the public ways and drainage and utility easements, as created herewith.In witness whereof said Wooddale Builders, Inc., a Minnesota corporation, has caused these presents to be signed by its proper officer this day of , 2024.Signed: Wooddale Builders, Inc.Steven Schwieters, PresidentSTATE OF MINNESOTACOUNTY OF ________________________The foregoing instrument was acknowledged before me this day of , 2024, by Steven Schwieters, as President of Wooddale Builders, Inc., a Minnesota corporation, on behalf of the corporation.My Commission Expires: Notary Public, _______________ County, MinnesotaNotary Printed NameSURVEYOR'S CERTIFICATEI Colyn M. Tvete, do hereby certify that this plat was prepared by me or under my direct supervision, that I am a duly licensed land surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated onthis plat; that all monuments depicted on this plat have been or will be correctly set within one year as indicated on the plat; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01,Subdivision 3 existing as of the date of this certification are shown and labeled onthis plat; and that all public ways are shown and labeled on the plat.Dated this day of , 2024.Colyn M. Tvete, Licensed Land SurveyorMinnesota License No. 62269STATE OF MINNESOTACOUNTY OF HENNEPINThe foregoing instrument was acknowledged before me this day of , 2024, by Colyn M. Tvete, Professional Land Surveyor, Minnesota License No. 62269.My Commission Expires: Notary Public, Hennepin County, MinnesotaNotary Printed NameCITY COUNCIL, CITY OF CHANHASSEN, MINNESOTAThis plat of WATERVIEW was approved by the City Council of the City of Chanhassen, Minnesota at a regular meeting held this day of , 2024, and is in compliance with the provisions of Minnesota Statues Section 505.03, Subdivision 2.CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTABy: , MayorBy: , City ClerkCOUNTY SURVEYOR,Carver County, MinnesotaPursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this day of , 2024.Brian Praske, Carver County SurveyorBy: COUNTY AUDITORCarver County, Minnesota,I hereby certify that taxes payable in and prior years have been paid for land described on this plat. Dated this day of , 2024.Crystal Campos, County AuditorBy: COUNTY RECORDERCarver County, MinnesotaI hereby certify that this plat of WATERVIEW was filed this day of , 2024, at o'clock . M. as Document No..Kaaren Lewis, County RecorderBy: NORTH248
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YWHITE OAK LANEΔBLOCK 1LAKE MINNEWASHTA2ΔΔ C.R. DOC. NO._________0SCALE IN FEET60303060120The basis for the bearing system is the west line of GovernmentLot 6, Section 05, Township 116, Range 23 and is assumed tobear South 00 degrees 21 minutes 14 seconds WestDenotes a 1/2 inch by 14 inch iron pipe set and markedby License No. 62269.Denotes a 1/2 inch pipe found and marked by LicenseNo. 17006 , unless shown otherwise.Denotes a Found Carver County Cast-Iron-MonumentSHEET 2 OF 2 SHEETSWATERVIEWSRRGNNE ENIG EDESIENN SATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLANORTHNOT TO SCALE10
55Being 5 feet in width and adjoining lot lines, unless otherwiseindicated, and being 10 feet in width and adjoining right of waylines, unless otherwise indicated, as shown on this plat.10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:PLAT FILE NO._________249
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
WATERVIEW
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
250
i
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-5
GENERAL CONDITIONS
1. RIGHT TO PROCEED ................................................................................................. GC-1
2. PHASED DEVELOPMENT ........................................................................................ GC-1
3. PRELIMINARY PLAT STATUS ................................................................................ GC-1
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. LOT PLANS ................................................................................................................. 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
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ii
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
252
SP-1
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
WATERVIEW
SPECIAL PROVISIONS
AGREEMENT dated August 12, 2024 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and WOODDALE BUILDERS, INC. a Minnesota
corporation (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
Waterview (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 120 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 12, 2024, prepared by Sathre-Berquist, Inc.
Plan B: Grading, Drainage and Erosion Control Plan dated July 16, 2024, prepared by Sathre-
Berquist, Inc.
Plan C: Plans and Specifications for Improvements dated July 16, 2024, prepared by Sathre-
Berquist, Inc.
Plan D: Landscape Plan dated July 16, 2024, prepared by Sathre-Berquist, Inc.
253
SP-2
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. Site Grading/Restoration
G. Underground Utilities (e.g. gas, electric, telephone, CATV)
H. Setting of Lot and Block Monuments
I. Surveying and Staking
J. Landscaping
K. Erosion Control
5. Time of Performance. The Developer shall install all required improvements by
November 15, 2025. 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 $203,920.52. The amount of the
security was calculated as 110% of the following:
Site Grading/Erosion Control/Restoration $ 60,362.50
Sanitary Sewer $ 11,500.00
Watermain $ 5,000.00
Storm Sewer, Drainage System, including cleaning and maintenance $ 55,708.00
Streets $ 37,505.00
Sub-total, Construction Costs $170,075.50
Engineering, surveying, and inspection (7% of construction costs) $ 11,905.29
Landscaping (2% of construction costs) $ 3,401.51
Sub-total, Other Costs $ 15,306.80
TOTAL COST OF PUBLIC IMPROVEMENTS $185,382.30
SECURITY AMOUNT (110% of 185,382.30) $203,920.52
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
254
SP-3
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 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 corners 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:
Steve Schwieters
Wooddale Builders
6117 Blue Circle Dr #101
Minnetonka, MN 55343
Phone: 952-345-0543
Email: steve@wooddalebuilders.com
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. FEES
1. Prior to release of the plat for recording and prior to scheduling a pre-construction meeting,
Developer shall submit to the City $71,221.27 for the following City fees:
*Administration fee (based on estimated construction cost of $170,075.50, 3.0% for the
cost of improvements) $5,102.27
GIS fee: 7 parcels @ $30/parcel + $100 for the plat $310.00
Partial payment of City sewer and water hookup fees:
4 units @ $750/unit (sewer) + $2,750/unit (water) $14,000.00
Park Fee: 4 dwelling units @ $5,800/unit $23,200.00
Surface Water Management Fee $28,609.00
Total $71,221.27
B. CONDITIONS OF APPROVAL
255
SP-4
Planning:
1. Restrictive covenants must be recorded with the plat providing that Outlot B and Lot 5,
Block 1 shall not be conveyed separately from one another and that Outlot A and Lot 4,
Block 1 shall not be conveyed separately from one another.
2. The Developer shall include a tree protection plan that includes the location of tree
preservation fencing. Tree protection fencing should be placed on the inside of the silt
fence to minimize damage to root systems.
3. The Developer shall conduct a site visit with the Environmental Resource Specialist to
assess the condition of the ash trees on site. If the ash trees cannot be saved, they must be
removed.
4. No more than ten percent of the trees may be from any one tree species, no more than 20
percent of the trees may be from any one genus, and no more than 30 percent of trees
from any one family. Developer shall adjust the landscape plan to reflect this
requirement- trees in the pine family currently represent 50% of the trees in the landscape
plan.
5. Developer must include the size of the proposed trees. Overstory deciduous trees must be
a minimum of 2.5” caliper, understory trees shall be a minimum of 1.5” caliper. Conifers
shall be at least 6’ in height when counted as an understory tree and 8’ in height when
counted as an overstory tree or when it’s being planted as the required front yard tree.
6. Developer shall indicate which species the proposed trees are within the landscape plan.
7. All proposed plantings must be done on the lot occupied by the house. No landscape
screening shall be located in any public right of way or within 8’ of the traveled portion
of the street.
8. Developer shall include calculations for the required buffer yard plantings which are
listed in Chapter 20-1176 (f). Buffer yard plantings are required along Minnewashta
Parkway where the length and width will determine the number of trees and shrubs that
need to be planted.
9. Landscaping plan shall be updated to preserve some viewshed of the lake on Lot 4 and
Lot 5.
Engineering:
1. The Developer shall enter into Encroachment Agreements for all private improvements
located within public drainage and utility easements or right-of-way, as approved by the
City Engineer, prior to issuance of building permits.
2. Any previously recorded easements located within proposed public right-of-way or
proposed public drainage and utility easements must be vacated prior to or concurrently
with the final plat.
3. The Developer will be required to provide additional plans, i.e. provide a dewatering plan
specific to the site and geotechnical information submitted with the development or
provide clarification regarding the proposed excavation depths and the existing
groundwater elevation and update the report by Haugo Geotechnical Services, dated July
16, 2024 accordingly.
256
SP-5
4. The Developer will be required to update the proposed driveway configurations to
conform to Sec. 20-1122 of City Code.
5. The Developer and their Engineer must amend the construction plans, dated July 16,
2024, prepared by Robert S. Molstad, PE with Sathre-Berquist, Inc., to fully address
construction plan comments and concerns. Final construction plans will be subject to
review and approval by staff prior to the recording of the final plat.
6. The Developer shall televise all sanitary service laterals and submit the CCTV footage
and reporting to the City Engineer for review prior to the issuance of building permits.
7. Water service laterals shall be inspected by the Developer and their Contractor, in
coordination with the City Utility Department, to ensure all curb stops are operational
prior to the issuance of building permits.
8. The Developer will be required to enter into a Development Contract with the City and
all applicable securities and fees provided prior to recording of the final plat.
9. Developer is responsible for obtaining required permits from all other agencies with
jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT, Carver
County, Minnehaha Creek Watershed District, Board of Water and Soil Resources, PCA,
etc.).
Water Resources:
1. Water quality modeling is required to confirm the site meets the City’s water quality
requirements of 60% TP and 90% TSS removal. Electronic copies of any models used
(HydroCAD, MIDS, and or P8) shall be reviewed and approved by staff prior to
recording of the final plat.
2. Modifications to the design and/or additional information is required to show the design
meets freeboard requirements. Additional information shall be provided verifying this
requirement is met and shall be reviewed and approved by staff prior to recording of the
final plat.
3. An Operations and Maintenance plan for all proposed private BMPs including the
inspection frequency, maintenance schedule, and responsible party shall be reviewed and
approved by staff prior to recording of the final plat
4. Privately owned BMPs shall be moved outside of public drainage and utility easements.
The plans and/or easements shall be updated and approved by staff prior to recording the
final plat.
5. The Developer shall provide storm sewer sizing calculations and a catch basin drainage
area map to confirm storm sewer is sized to the 10-year event. The calculations and map
shall be reviewed and approved by staff prior to recording of the final plat.
Building:
1. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review
2. A building permit must be obtained before beginning any construction.
257
SP-6
3. Retaining walls (if present) more than four feet high, measured from the bottom of the
footing to the top of the wall, must be designed by a professional engineer and a building
permit must be obtained prior to construction. Retaining walls (if present) under four feet
in height require a zoning permit.
4. A building permit must be obtained prior to demolishing any structures on the site and
before beginning any construction on the site.
5. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued
Fire:
1. Cul-de-sac will need to meet city standards for fire apparatus turn around.
2. Hydrants must be added to the cul-de-sac
9. General Conditions. The general conditions of this Contract are attached as Exhibit
"B" and incorporated herein.
258
SP-7
CITY OF CHANHASSEN
BY:
Elise Ryan, Mayor
(SEAL)
AND:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA)
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
20__, by Elise Ryan, Mayor, and by Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
259
SP-8
Wooddale Builders, Inc.:
BY:
Steven Schwieters, President
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20__, by Steven Schwieters, President of Wooddale Builders, Inc., a Minnesota corporation, on behalf
of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
260
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of Government Lot 6, Section 5, Township 116 North, Range 23 West of the 5th Principal
Meridian described as follows:
Beginning at a point on the west line of said Government Lot 6 distant 704.93 feet northerly from
the southwest corner of said Government Lot 6; thence on an assumed bearing of North, along said
west line, a distance of 207.80 feet to a point on said west line distant 396.00 feet southerly from
the northwest corner of said Government Lot 6; thence on a bearing of East, parallel with the north
line of said Government Lot 6 about 843 feet to the shoreline of Lake Minnewashta; thence
southerly along said shoreline, to the intersection with a line bearing South 89 degrees 43 minutes
30 seconds East from the point of beginning; thence North 89 degrees 43 minutes 30 seconds West
about 719 feet, to the point of beginning.
To be platted as WATERVIEW, Carver County, Minnesota
261
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
,
which holds a mortgage on the subject property, the development of which is governed 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 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
262
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
BARBARA M. HEADLA AND DAVID R. HEADLA, Trustees of the Barbara M. Headla
Revocable Trust U/A dated February 19, 2009, fee owner of all or part of the subject property, the
development of which is governed by the foregoing Development Contract, affirms and consents to
the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion
of the subject property owned by it.
Dated this _____ day of ____________, 2024.
BARBARA M. HEADLA AND DAVID R.
HEADLA, TRUSTEES OF THE BARBARA M.
HEADLA REVOCABLE TRUST U/A DATED
FEBRUARY 19, 2009
By: ____________________________________
Barbara M. Headla, Trustee
By: ____________________________________
David R. Headla, Trustee
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2024, by Barbara M. Headla, Trustee of the Barbara M. Headla Revocable Trust U/A dated February
19, 2009, on behalf of the Trust.
________________________________________
NOTARY PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2024, by David R. Headla, Trustee of the Barbara M. Headla Revocable Trust U/A dated February
19, 2009, on behalf of the Trust.
________________________________________
NOTARY PUBLIC
263
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
DAVID R. HEADLA AND BARBARA M. HEADLA, Trustees of the David R. Headla
Revocable Trust U/A dated February 19, 2009, fee owner of all or part of the subject property, the
development of which is governed by the foregoing Development Contract, affirms and consents to
the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion
of the subject property owned by it.
Dated this _____ day of ____________, 2024.
DAVID R. HEADLA AND BARBARA M.
HEADLA, TRUSTEES OF THE DAVID R.
HEADLA REVOCABLE TRUST U/A DATED
FEBRUARY 19, 2009
By: ____________________________________
David R. Headla, Trustee
By: ____________________________________
Barbara M. Headla, Trustee
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2024, by David R. Headla, Trustee of the David R. Headla Revocable Trust U/A dated February 19,
2009, on behalf of the Trust.
________________________________________
NOTARY PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2024, by Barbara M. Headla, Trustee of the David R. Headla Revocable Trust U/A dated February
19, 2009, on behalf of the Trust.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
264
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/
265
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 15,
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 15 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. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY: ____________________________________
Its ______________________________
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CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
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 permits from
the Metropolitan Council Environmental Services and other pertinent agencies before proceeding
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with construction. 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 Inspector(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. § 505.021. 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
escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City
Code § 7-22.
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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. Except for streets and utilities
identified as private under the terms of this Agreement, all other improvements lying within
public easements shall become City property upon completion and acceptance by the City of the
work and construction required by this contract. 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 full 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 (2½) 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 six (6) 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 October 1 through May 1 these
conditions must be complied with by the following July 1st. Upon expiration of the time period,
inspections will be conducted by City staff to verify satisfactory completion of all conditions. City
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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 100% 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. . At the time of final plat approval the Developer shall pay
30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot
in the plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract. The balance of the hook-up charges is collected at the time building permits are issued
are based on 70% of the rates then in effect, unless a written request is made to assess the costs
over a four year term at the rates in effect at time of application.
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 same time that the public street is accepted for ownership and 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
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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 furnished 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 (3%) 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 (2½%) of construction costs for the first $1,000,000 and
one and one-half percent (1½%) 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
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.
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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.
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
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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.
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
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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. Assignability. 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 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. 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.
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
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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 Permit. 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 Regulations. 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 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.
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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 line/paper 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 .dxf & .tif format (the .dxf 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 Surveys. 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.
Rev. 9/30/2021
276
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Wooddale Builders for a Five Lot Subdivision
On July 16, 2024, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the apptication to subdivide 3.02 acres into five single-family lots and two outlots.
1. The property is cunently zoned Single-Family Residential - RSF.
2. The property is guided in the Land Use Plan for Low Density Residential.
3. The legal description ofthe property is: See Attached Exhibit A
4. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse elfects ofthe proposed subdivision. The seven effects and our findings regarding
them are:
SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the zoning ordinance;
Finding: The subdivision meets all the requirements ofthe RSF, Residential Single-
Family District and the zoning ordinance ifthe conditions of approval are met.
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
Finding: The proposed subdivision is consistent with the Comprehensive Plan and
subdivision ordinance if the conditions olapproval are met.
The physical characteristics ofthe site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater
drainage are suitable for the proposed development;
Finding: The proposed site is suitable for development subject to the conditions specified
in this report.
c
The Planning Commission conducted a public hearing on the proposed development which was
preceded by published and mailed notice. The Planning Commission heard testimony from all
interested persons wishing to speak and made the following Findings of Fact on the remaining
application.
FINDINGS OF FACT
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d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
Finding: The proposed subdivision will provide adequate urban infrastructure subject to
the conditions specified in this report.
e. The proposed subdivision will not cause environmental damage;
Finding: The proposed subdivision will not cause significant environmental damage
subject to the conditions ofapproval. The proposed subdivision contains adequate open
areas to accommodatc house pads.
f. The proposed subdivision will not conflict with easements of record; and
Finding: The proposed subdivision will not conflict with existing easements, but rather
will expand and provide all necessary easements.
g. The proposed subdivision is not premature. A subdivision is premature ifany ofthe
following exists:
1) Lack of adcquatc stormwatcr drainage.
2) Lack of adequate roads.
3) Lack ofadequate sanitary sewer systems.
4) Lack of adequate off-site public improvements or support systems
Finding: The proposed subdivision will have access to public utilities and streets if the
specified conditions of approval are met.
The planning report Planning Case 2024-11, dated July 16,2024 prepared by Rachel
Jeske. et al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approves the Preliminary Plat
ADOPTED by the Chanhassen Planning Commission this 16'h day of Juty 2024.
CHANHASSE G COMMISSION
5
BY:
S Jobe
278
EXHIBIT A
Legal Description:
The Land is described as follows:
That part of Government Lot 6, Section 5, Township 116 North, Range 23 West of the 5'h
Principal Meridian, Carvcr County, Minne sota, describcd as follows:
Beginning at a point on the west line ofsaid Government Lot 6 distant 704.93 feet northerly
from the southvr'est comer of said Govermnent Lot 6; thence on an assumed bearing of North,
along said west [ine, a distance of207.80 feet to a point on said west linc distant 396.00 feet
southerly from the northwest corner of said Govemment Lot 6; thence on bearing ofEast,
parallcl with the north line ofsaid Government Lot 6 about 843 feet to thc shoreline ofLake
Minnewashta; thence southerly along said shoreline, to the intersection with a line bearing South
89 degrees 43 minutes 30 seconds East from the point ofbcginning; thence North 89 degrecs 43
minutes 30 seconds West about 719 feet, to the point ofbeginning.
Abstract Property - Certificate of Title No. 61408.0
Address:
PID & Acreage
6870 Minnewashta Parkway, Excclsior, MN
250053100,3.02 Acres
279
Application: Preliminary Plat, Final Plat, and Development
Contract at 6870 Minnewashta Parkway.
(Planning Case #2024-11)
Staff Report Date: August 11, 2024
Drafted By: Rachel Jeske, Planner
Erik Henricksen, Project Engineer
Joe Seidl, Water Resources Engineer
Jamie Marsh, Environmental Resource Specialist
Planning Commission Review Date: July 16, 2024
City Council Review Date: August 12, 2024
SUMMARY OF REQUEST: The Applicant is requesting preliminary and final plat approval to
subdivide the property located generally at 6870 Minnewashta Parkway into five lots and two
outlots.
LOCATION: 6870 Minnewashta Parkway
PID 25-0053-100
PROPOSED MOTION:
“The Chanhassen City Council approves the requested preliminary plat, final plat, and
development contract for the five lot subdivision of the 3.02-acre property located 6870
Minnewashta Parkway subject to the conditions of approval and adopts the attached Findings of
Fact and Decision.”
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APPLICANT: Wooddale Builders
6117 Blue Circle Drive, Suite 101,
Minnetonka, MN 55343
PRESENT ZONING: Single-Family Residential, RSF
2040 LAND USE PLAN: Residential – Low Density (1.2 – 4.0 units/net acre)
ACREAGE: 3.02 gross acres (130,764 sq. ft.) and 2.68 net acres (116,775 sq. ft.)
DENSITY: 1.66 units per acre
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city’s discretion in approving or denying a preliminary plat is limited to whether or not the
proposed plat meets the standards outlined in the Subdivision Regulations and Zoning
Ordinance. If it meets these standards, the city must approve the preliminary plat. This is a
quasi-judicial decision.
The city’s discretion in approving or denying a final plat is limited to whether the proposed plat
meets the previously approved preliminary plat and the City’s subdivision regulations. If it meets
these standards, the city must approve the final plat. This is a quasi-judicial decision.
COMMUNITY ENGAGEMENT
Notice of this public hearing has been mailed to all property owners within 500 feet.
The applicant held a neighborhood meeting on July 8th at the Chanhassen Recreation Center.
This neighborhood meeting was conducted entirely by the Applicant as a way to gather
feedback from adjacent property owners prior to going before the Planning Commission and
City Council.
APPLICABLE REGULATIONS
Chapter 18, Subdivision,
Chapter 20, Article XXII, RSF Single-Family Residential District
PROPOSAL/SUMMARY
The Applicant is requesting the splitting of a 3.02-acre parcel zoned Single-Family Residential
and guided for Residential Low Density development into five lots and two outlots.
EXISTING CONDITIONS
The proposed Waterview subdivision is located at 6870 Minnewashta Parkway, which has never
been officially platted. The property abuts White Oak Lane to the south, Stratford Lane to the
north, and is bisected by Minnewashta Parkway from north to south on the far east side of the
property. The existing home and lakeshore portion of the property gain access via driveways
from Minnewashta Parkway: one leading to the primary structure west of Minnewashta
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Parkway and the other to the lakefront portion of the property east of Minnewashta Parkway.
The property is currently serviced by municipal sanitary and water, with additional sanitary and
water services already stubbed to the property and will be credited water and sanitary sewer
hook-up fees for the existing service accordingly.
The Developer proposes to remove all structures on the property as well as the primary access
from Minnewashta Parkway, which is in accordance with the City’s 2040 Comprehensive Plan to
limit access points along collector roadways. Additionally, the developer will utilize the majority
of the existing municipal service stubs to service the five lots associated with Waterview. The
existing access to the lakefront portion (proposed as Outlots A and B) is proposed to remain.
A geotechnical exploration report by Haugo Geotechnical Services, dated July 16, 2024, was
provided for the proposed development by the Developer. While this report generally provides
the necessary recommendations for construction, Table 3 – Anticipated Excavation Depths
indicates anticipated excavation elevations of 965 feet, which are below the existing
groundwater elevations of 967 feet. Upon review of the preliminary construction plans, this
appears to be inaccurate, as mass grading indicates this area will be graded to approximately
973 feet. The Developer will be required to provide additional plans, i.e. provide a dewatering
plan specific to the site and geotechnical information submitted with the development or
provide clarification regarding the proposed excavation depths and the existing groundwater
elevation and update the report accordingly. Additional soil borings may be needed to verify
stormwater management design and the location of groundwater within the footprints of the
proposed BMPS.
SITE CONSTRAINTS
Environmental Protection Districts
· Bluff Creek corridor - This property is not located within the Bluff Creek Overlay District.
· Wetland Protection - There are no wetlands on the site.
· Bluff Protection - There are no bluffs on the property.
· Shoreland Management - The property is located within a shoreland protection district
for Lake Minnewashta.
· Floodplain Overlay – A portion of Outlot A and Outlot B are located within the AE Flood
Zone and the 500 Year Flood Zone adjacent to the lake.
SUBDIVISION REVIEW
The Applicant is proposing to subdivide 3.02 acres into five lots and two outlots for single-
family detached housing. Four of the lots are proposed to be accessed via White Oak Lane, and
the fifth lot is proposed to be accessed via Stratford Lane. The existing single-family home and
access off Minnewashta Parkway are to be eliminated with the proposed development. The
Developer will be required to fully remove the existing access from the west side of
Minnewashta Parkway and reconstruct the curb and gutter for a contiguous street section.
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As currently proposed, all lots meet the minimum lot area, lot width and lot depth
requirements of the zoning ordinance.
Applicant should note that Lot 5 would be considered a corner lot with double frontage and
that city code establishes that for corner lots that the side of the property with the least
amount of roadway frontage would be considered the “front yard”. Therefore, the front yard
for Lot 5 as proposed would be the portion of the lot adjacent to Minnewashta Parkway.
The city’s zoning ordinance would define lot 4 as a “flag lot”. City ordinance allows for flag lots.
City code section 18-60(a) states that “all lots shall abut their full required minimum frontage on
a public street as required by the zoning ordinance, or accessed by a private street; or a flat lot
which shall have a minimum of 30 feet of frontage on a public street.” As shown, lot 4 is
compliant with this regulation by having 32.1 feet of public street frontage.
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COMPLIANCE TABLE
Setbacks: Front - 30 ft., Side - 10 ft., Rear - 30 ft.
Staff notes that the proposal is consistent with the Comprehensive Plan and the Zoning
Ordinance.
Outlot A will be required to be deeded to Lot 4 and Outlot B will be required to be deeded to
Lot 5. Outlots A and B are not developable. These outlots may not be used as an association
beach lot. Outlot B may not be sold separately from Lot 5, Block 1 and Outlot A may not be sold
separately from Lot 4, Block 1. The existing improvements on the outlots are to remain after
the subdivision.
Approving the subdivision would create five buildable lots which would have access to a public
street and municipal services. There are four existing stubs, which would require the addition of
one additional utility connection. The proposed subdivision would complete the cul-de-sac bulb
on White Oak Lane and would establish new drainage and utility easements based on the
increased right of way.
Approximately three-quarters of the cul-de-sac on White Oak Lane was constructed in 2000 in
association with the White Oak Addition development. The remainder of the cul-de-sac located
on 6870 Minnewashta Parkway was not constructed; however, a road easement was recorded
as a condition of the White Oak Addition in anticipation of future development at 6870
Minnewashta Parkway. As such, the Developer must complete construction of the cul-de-sac in
accordance with Chanhassen Specifications and Detail Plates.
Area
(sq. ft.)
Frontage
(ft.)
Depth
(ft.)
Lot Cover - % impervious Notes (sq. ft.)
Code 15,000 90 125 25%
Flag lots must have a minimum width
of 30 feet at a public roadway.
Lot 1 18,182 105 191 25% (4,545 sq. ft.)
Lot 2 17,541 95 191 25% (4,385 sq. ft.)
Lot 3 27,520 92 185 25% (6,880 sq. ft.) Flag lot frontage is shown as 32.1 feet.
Lot 4 27,917 105.7 228 25% (6,979 sq. ft.)
Lot 5 25,616 107 284 25% (6,404 sq. ft.)
City code would establish that the
“front yard” of Lot 5 would be the
portion of the yard abutting
Minnewashta Parkway
Total 116,775 3.02 acres
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The proposed driveway for Lot 5 does not appear to meet setback requirements. The Developer
will be required to update the proposed driveway configurations to conform to Sec. 20-1122 of
City Code.
LANDSCAPING
The Applicant provided a tree inventory with their submittal including calculations for canopy
coverage.
Gross Project Area 3.52 acres
Canopy Area: 2.24 Acres
Baseline Canopy Coverage 61% (2.15 acres)
Canopy to be saved: 0.85 acres
Minimum Canopy Coverage
Requirement
1.62 acres (46% of net project area)
Credited remaining existing canopy 0.85 acres
Required additional Canopy Coverage to
be mitigated
39,978.42 sq ft or 0.92 acres (1.62 acres – 0.85
acres)
Square feet per replacement tree 1,089 sq ft
Additional trees required to meet
Canopy Coverage requirement
37 trees. (39,978.42/1089)
The Landscaping Plan denotes that 37 trees will be planted which meets the city code
requirements related to canopy coverage as outlined in the above table.
Landscaping plan submitted on 7-11-24 does not adhere to the City’s species diversity
requirements which states that the landscaping plan shall consist of no more than 10% of the
trees can be from one tree species, no more than 20% of the trees can be from one genus, and
no more than 30% of the trees can be from one family. Applicant must adjust the landscape
plan to reflect this requirement, as trees in the pine family currently represent 50% of the trees
in the landscape plan.
Currently, the majority of plantings are in the required buffer along the collector roadway,
Minnewashta Parkway.
EASEMENTS
The Developer proposes to subdivide 6870 Minnewashta Parkway into five lots. These lots are
configured to accommodate the build-out of five single-family homes. Generally, Block 1, Lots
1-5, and their associated public drainage and utility easements (DUEs) are configured to meet
City Ordinance (Sec. 18-76(b)), with standard right-of-way (ROW) widths over public streets
(Sec. 18-57(p)(8)).
Atypical DUEs are illustrated on Lots 3 and 5 to encompass a private stormwater Best
Management Practice (BMP). These private improvements are not required to be encumbered
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by a DUE and should be reconfigured in accordance with Sec. 18-76(b). Additionally, in
accordance with Sec. 20-923 (Improvements and Encroachments in Public Easements), any
private structures or improvements (e.g., proposed private stormwater pipe, existing “wood
stairs” in Outlot A, etc.) within public DUEs or ROW require the execution and recordation of an
Encroachment Agreement, which must be recorded prior to the issuance of building permits.
Any previously recorded easements within the proposed subdivision must be vacated prior to
or concurrently with the final plat. This includes items 9 and 10 under Schedule B, Part II, of the
ALTA Commitment for Title Insurance provided by the applicant, and as depicted on the
ALTA/NSPS Land Title Survey, dated May 23, 2024.
GRADING & DRAINAGE
The existing Waterview Development is located south of Lake Minnetonka and west of
Minnewashta Pkwy and Lake Minnewashta. The area currently has two homes and associated
driveways located on the site with associated landscaping. Drainage from the existing site flows
east towards Lake Minnewashta. The northwest corner of the site drains offsite to the north.
The southwest corner of the site drains to a beehive grate which routes via storm sewer to Lake
Saint Joe to the south.
In the proposed conditions, five homes and two basins are proposed on site. The drainage will
generally match the existing conditions. The majority of the site flows to the two proposed
filtration basins on site and outlets east towards Lake Minnewashta. The outlet of the two
basins connects into the storm sewer on Stratford Lane and outlets towards Lake Minnewashta.
The northwest corner of the site drains off to the north, and the southwest corner of the site
drains to a beehive grate and ultimately flows towards Lake Saint Joe.
EROSION CONTROL
The proposed development will impact one (1) acre of disturbance and will, therefore, be
subject to the General Permit Authorization to Discharge Stormwater Associated with
Construction Activity Under the National Pollution Discharge Elimination/State Disposal System
(NPDES Construction Permit). A Surface Water Pollution Prevention Plan (SWPPP) was included
with the final plat submittal. The SWPPP is a required submittal element for final plat review
along with the Erosion and Sediment Control Plan (ESCP) in accordance with Section 19-145 of
City Ordinance. No earth disturbing activities may occur until an approved SWPPP is developed.
This SWPPP shall be a standalone document consistent with the NPDES Construction Permit
and shall contain all required elements of the permit. The SWPPP will need to be updated as
the plans are finalized, when the contractor and their sub-contractors are identified and as
other conditions change. An approved SWPPP shall be submitted prior to recording the final
plat. All erosion control shall be installed and inspected prior to initiation of site grading
activities.
SANITARY SEWER AND WATER MAIN
The proposed development has adequate access to municipal sanitary and water services from
Minnewashta Parkway and White Oak Lane. Although the property has service stubs for the
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five lots already extending to the property, minor adjustments are required to conform to City
Code and Chanhassen Specifications and Detail Plates. The Developer and their Engineer must
amend the construction plans, dated July 16, 2024, prepared by Robert S. Molstad, PE with
Sathre-Berquist, Inc., to fully address construction plan comments and concerns. Final
construction plans will be subject to review and approval by staff prior to the recording of the
final plat.
As a majority of the sanitary and water laterals were installed over 20 years ago, it is necessary
to ensure their serviceability prior to home construction. The Developer will be required to
televise all sanitary service laterals and submit the CCTV footage and reporting to the City
Engineer for review prior to the issuance of building permits. Water service laterals shall be
inspected by the Developer and their Contractor, in coordination with the City Utility
Department, to ensure all curb stops are operational prior to the issuance of building permits.
STORM WATER MANAGEMENT
Article VII, Chapter 19 of City Code describes the required storm water management
development standards. Section 19-141 states that “these development standards shall be
reflected in plans prepared by developers and/or project proposers in the design and layout of
site plans, subdivisions and water management features.” These standards include abstraction
of runoff and water quality treatment resulting in the removal of 90% total suspended solids
(TSS) and 60% total phosphorous (TP). The proposed project is located within the Minnehaha
Creek Watershed District (MCWD) and is therefore subject to the watershed’s rules and
regulations. A MCWD permit will be required prior to recording of the final plat. An updated
Stormwater Management Report is required to be submitted for review to confirm all
applicable stormwater management requirements are being met. This includes rate control and
water quality requirements among others. The site is proposing to meet stormwater
management requirements through two filtration basins. Filtration basin 2 is proposed to outlet
to filtration basin 1 which discharges to the storm sewer on Stratford Lane and out to Lake
Minnewashta. All comments from the City and MCWD shall be addressed. The site is shown to
be in compliance for rate control and MCWD’s water quality volume requirements, however
additional information is needed on the proposed basin outlets to confirm modeling is accurate
to the site. Additionally, water quality modeling is needed to confirm the site is in compliance
with the City’s water quality treatment requirements (60% TP and 90% TSS removals). The
applicant shall provide final versions of all modeling (HydroCAD and any water quality models
developed) and Stormwater Management Report to address all comments and confirm rate,
volume and water quality requirements are met prior to the recording of the final plat.
As outlined in the City’s Surface Water Management Plan adopted in December 2018 and
described in City Ordinance, the City requires at least 3 feet of freeboard between a building
elevation and adjacent ponding features. Freeboard requirements are not currently being met
to the proposed building on Lot 3 Block 1 with respect to the HWL of Basin 2. Additionally,
building elevations for the existing homes north of the project site are needed to confirm
freeboard is also met to the existing homes. Because the proposed basins are filtration basins
there would likely be negligible impacts to groundwater levels caused by the design, however
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additional analysis and information on stormwater emergency overflow routes is needed to
verify the design meets the intent of City code and the Surface Water Management Plan with
regards to the freeboard requirement. The applicant shall submit additional information on the
design to meet this requirement. Modifications to the design may be needed to meet the City’s
freeboard requirements.
The proposed filtration basin BMPs do not provide stormwater management for the city ROW
and as such are to be privately owned and maintained. All privately owned and maintained
BMPs and storm sewer should be located outside of drainage and utility easements which are
meant for public infrastructure and utilities. A stormwater operations and maintenance plan is
required and shall be approved by staff and recorded concurrently with the final plat. The plan
shall include the maintenance schedule, responsible party, and shall include information on
how the BMPs will be cleaned out as necessary. The ownership of the private BMPs and right to
convey stormwater must be codified within HOA documents and/or private easements.
Documentation of the future ownership and/or private easements shall be recorded
concurrently with the final plat.
STORM WATER UTILITY CONNECTION CHARGES
City Ordinance sets out the fees associated with surface water management. A water quality
and water quantity fee are collected with a subdivision. These fees are based on land use type
and are intended to reflect the fact that the more intense the development type, the greater
the degradation of surface water.
This fee will be applied to the new lots being created. The fees will be assessed at the rate in
effect at that time; 2024 rates are $9,550.00 per acre for low-density residential:
ASSESSMENTS
Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will
be assessed at the rate in effect at that time; 2024 rates for hookup fees are $750.00 per unit
for sanitary sewer and $2,750.00 per unit for water. The remaining partial hookups fees are
due with the building permit.
DEVELOPMENT FEES
Based on the proposal the following fees would be collected with the development contract if
recorded in 2024:
a) Administration Fee: if the improvement costs are between $500,000 and $1,000,000,
3% of the improvement costs. If the improvement costs exceed $1,000,000, 2.5% of the
first $1,000,000 plus 1.5% of the remainder: $5,102.27
b) Surface water management fee: $9,550/acre, or $28,609.00
PER ACRE FEE ACRES FEE
$9,550 2.996 28,609.00$
2.996 28,609.00$
AREA
GROSS AREA
NET AREA
SURFACE WATER
DEVELOPMENT FEE
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c) A portion of the water hook-up charge: $2,750/unit, or $11,000.00
d) A portion of the sanitary sewer hook-up charge: $750/unit, or $3,000.00
e) Park dedication fee: $5,800/dwelling, or $23,200.00
f) GIS fees: $100 for the plat plus $30 per parcel, or $310.00
RECOMMENDATION
Staff recommends that the City Council approves the preliminary plat, final plat, and
development contract subject to the conditions of approval and adopt the attached Findings of
Fact and Decision.
CITY STAFF APPLICATION REVIEW COMMENTS
PLANNING:
1. Applicant shall enter into a Development Contract with the City.
2. Restrictive covenants must be recorded with the plat providing that Outlot B and Lot 5,
Block 1 shall not be conveyed separately from one another and that Outlot A and Lot 4,
Block 1 shall not be conveyed separately from one another.
3. The applicant shall include a tree protection plan that includes the location of tree
preservation fencing. Tree protection fencing should be placed on the inside of the silt
fence to minimize damage to root systems.
4. The applicant shall conduct a site visit with the Environmental Resource Specialist to
assess the condition of the ash trees on site. If the ash trees cannot be saved, they
should be removed.
5. No more than ten percent of the trees may be from any one tree species, no more than
20 percent of the trees may be from any one genus, and no more than 30 percent of
trees from any one family. Applicant shall adjust the landscape plan to reflect this
requirement- trees in the pine family currently represent 50% of the trees in the
landscape plan.
6. Applicant must include the size of the proposed trees. Overstory deciduous trees must
be a minimum of 2.5” caliper, understory trees shall be a minimum of 1.5” caliper.
Conifers shall be at least 6’ in height when counted as an understory tree and 8’ in
height when counted as an overstory tree or when it’s being planted as the required
front yard tree.
7. Applicant shall indicate which species the proposed trees are within the landscape plan.
8. All proposed plantings must be done on the lot occupied by the house. No landscape
screening shall be located in any public right of way or within 8’ of the traveled portion
of the street.
9. Applicant shall include calculations for the required buffer yard plantings which are
listed in Chapter 20-1176 (f). Buffer yard plantings are required along Minnewashta
Parkway where the length and width will determine the number of trees and shrubs
that need to be planted.
10. Landscaping plan shall be updated to preserve some viewshed of the lake on Lot 4 and
Lot 5.
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ENGINEERING:
1. The developer shall enter into Encroachment Agreements for all private improvements
located within public drainage and utility easements or right-of-way, as approved by the
City Engineer, prior to issuance of building permits.
2. Any previously recorded easements located within proposed public right-of-way or
proposed public drainage and utility easements must be vacated prior to or
concurrently with the final plat.
3. The Developer will be required to provide additional plans, i.e. provide a dewatering
plan specific to the site and geotechnical information submitted with the development
or provide clarification regarding the proposed excavation depths and the existing
groundwater elevation and update the report by Haugo Geotechnical Services, dated
July 16, 2024 accordingly.
4. The Developer will be required to update the proposed driveway configurations to
conform to Sec. 20-1122 of City Code.
5. The Developer and their Engineer must amend the construction plans, dated July 16,
2024, prepared by Robert S. Molstad, PE with Sathre-Berquist, Inc., to fully address
construction plan comments and concerns. Final construction plans will be subject to
review and approval by staff prior to the recording of the final plat.
6. The Developer will be required to televise all sanitary service laterals and submit the
CCTV footage and reporting to the City Engineer for review prior to the issuance of
building permits.
7. Water service laterals shall be inspected by the Developer and their Contractor, in
coordination with the City Utility Department, to ensure all curb stops are operational
prior to the issuance of building permits.
8. The applicant will be required to enter into a Development Contract with the City and all
applicable securities and fees provided prior to recording of the final plat.
9. It is the applicant’s responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT,
Carver County, Minnehaha Creek Watershed District, Board of Water and Soil
Resources, PCA, etc.).
WATER RESOURCES:
1. Water quality modeling is required to confirm the site meets the City’s water quality
requirements of 60% TP and 90% TSS removal. Electronic copies of any models used
(HydroCAD, MIDS, and or P8) shall be reviewed and approved by staff prior to
recording of the final plat.
2. Modifications to the design and/or additional information is required to show the design
meets freeboard requirements. Additional information shall be provided verifying this
requirement is met and shall be reviewed and approved by staff prior to recording of the
final plat.
3. An Operations and Maintenance plan for all proposed private BMPs including the
inspection frequency, maintenance schedule, and responsible party shall be reviewed and
approved by staff prior to recording of the final plat
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4. Privately owned BMPs shall be moved outside of public drainage and utility easements.
The plans and/or easements shall be updated and approved by staff prior to recording the
final plat.
5. The applicant shall provide storm sewer sizing calculations and a catch basin drainage
area map to confirm storm sewer is sized to the 10-year event. The calculations and map
shall be reviewed and approved by staff prior to recording of the final plat.
BUILDING:
1. Building plans must provide sufficient information to verify that proposed building
meets all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review
2. A building permit must be obtained before beginning any construction.
3. Retaining walls (if present) more than four feet high, measured from the bottom of the
footing to the top of the wall, must be designed by a professional engineer and a
building permit must be obtained prior to construction. Retaining walls (if present)
under four feet in height require a zoning permit.
4. A building permit must be obtained prior to demolishing any structures on the site and
before beginning any construction on the site.
5. A final grading plan and soils report must be submitted to the Inspections Division
before building permits will be issued
FIRE:
1. Cul-de-sac will need to meet city standards for fire apparatus turn around.
2. Hydrants must be added to the cul-de-sac
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VICINITY MAPVICINITY MAPSECTION 5, TOWNSHIP 116, RANGE 23NOT TO SCALELAKEMINNEWASHTASHEET 1 OF 2 SHEETSWATERVIEWSRRGNNE ENIGEDESIENNSATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLA C.R. DOC. NO._________PLAT FILE NO._________KNOW ALL PERSONS BY THESE PRESENTS: That Wooddale Builders, Inc., a Minnesota corporation, fee owner of the following described property situated in the State of Minnesota, County of Carver, to wit:That part of Government Lot 6, Section 5, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows:Beginning at a point on the west line of said Government Lot 6 distant 704.93 feet northerly from the southwest corner of said Government Lot 6; thence on an assumed bearing of North, along said west line, a distance of 207.80 feet to a point on said west line distant 396.00 feet southerly fromthe northwest corner of said Government Lot 6; thence on a bearing of East, parallel with the north line of said Government Lot 6 about 843 feet to the shoreline of Lake Minnewashta; thence southerly along said shoreline, to the intersection with a line bearing South 89 degrees 43 minutes 30seconds East from the point of beginning; thence North 89 degrees 43 minutes 30 seconds West about 719 feet, to the point of beginning.Has caused the same to be surveyed and platted as WATERVIEW and does hereby dedicate to the public for public use forever the public ways and drainage and utility easements, as created herewith.In witness whereof said Wooddale Builders, Inc., a Minnesota corporation, has caused these presents to be signed by its proper officer this day of , 2024.Signed: Wooddale Builders, Inc.Steven Schwieters, PresidentSTATE OF MINNESOTACOUNTY OF ________________________The foregoing instrument was acknowledged before me this day of , 2024, by Steven Schwieters, as President of Wooddale Builders, Inc., a Minnesota corporation, on behalf of the corporation.My Commission Expires: Notary Public, _______________ County, MinnesotaNotary Printed NameSURVEYOR'S CERTIFICATEI Colyn M. Tvete, do hereby certify that this plat was prepared by me or under my direct supervision, that I am a duly licensed land surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated onthis plat; that all monuments depicted on this plat have been or will be correctly set within one year as indicated on the plat; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01,Subdivision 3 existing as of the date of this certification are shown and labeled onthis plat; and that all public ways are shown and labeled on the plat.Dated this day of , 2024.Colyn M. Tvete, Licensed Land SurveyorMinnesota License No. 62269STATE OF MINNESOTACOUNTY OF HENNEPINThe foregoing instrument was acknowledged before me this day of , 2024, by Colyn M. Tvete, Professional Land Surveyor, Minnesota License No. 62269.My Commission Expires: Notary Public, Hennepin County, MinnesotaNotary Printed NameCITY COUNCIL, CITY OF CHANHASSEN, MINNESOTAThis plat of WATERVIEW was approved by the City Council of the City of Chanhassen, Minnesota at a regular meeting held this day of , 2024, and is in compliance with the provisions of Minnesota Statues Section 505.03, Subdivision 2.CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTABy: , MayorBy: , City ClerkCOUNTY SURVEYOR,Carver County, MinnesotaPursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this day of , 2024.Brian Praske, Carver County SurveyorBy: COUNTY AUDITORCarver County, Minnesota,I hereby certify that taxes payable in and prior years have been paid for land described on this plat. Dated this day of , 2024.Crystal Campos, County AuditorBy: COUNTY RECORDERCarver County, MinnesotaI hereby certify that this plat of WATERVIEW was filed this day of , 2024, at o'clock . M. as Document No..Kaaren Lewis, County RecorderBy: NORTH292
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YWHITE OAK LANEΔBLOCK 1LAKE MINNEWASHTA2ΔΔ C.R. DOC. NO._________0SCALE IN FEET60303060120The basis for the bearing system is the west line of GovernmentLot 6, Section 05, Township 116, Range 23 and is assumed tobear South 00 degrees 21 minutes 14 seconds WestDenotes a 1/2 inch by 14 inch iron pipe set and markedby License No. 62269.Denotes a 1/2 inch pipe found and marked by LicenseNo. 17006 , unless shown otherwise.Denotes a Found Carver County Cast-Iron-MonumentSHEET 2 OF 2 SHEETSWATERVIEWSRRGNNE ENIG EDESIENN SATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLANORTHNOT TO SCALE10
55Being 5 feet in width and adjoining lot lines, unless otherwiseindicated, and being 10 feet in width and adjoining right of waylines, unless otherwise indicated, as shown on this plat.10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:PLAT FILE NO._________293
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Notes
10% SPECIES 20% GENUS
COMMON NAME TYPE GENUS/LATIN Quantity
Green Mountain Sugar Maple Deciduous Acer saccharum 'Green Mountain'1
Common Hackberry Deciduous Celtis Occidentalis 1
Paper Birch Deciduous Betula papyrifera 1
River Birch Deciduous Betula nigra 1
Skyline Honeylocust Deciduous Gleditsia triacanthos inermis 'Skyline'1
Kentucky Coffeetree Deciduous Gymnocladus dioicus 1
Black Walnut Deciduous Juglans nigra 1
Swamp White Oak Deciduous Quercus bicolor 1
Northern Red Oak Deciduous Quercus rubra 1
Redmond Linden Deciduous Tilia americana 'Redmond'1
American Linden Deciduous Tilia americana 1
Black Hills Spruce Conifers Picea glauca densata 3
White Fir Conifers Abies concolor 2
Eastern White Pine Conifers Pinus strobus 2
American larch Conifers Larix laricina 3
Norway Red Pine Conifers Pinus resinosa 3
Noway Spruce Conifers Picea abies 3
Balsam Fir Conifers Abies balsamea 3
Techny Arborvitae Conifers Thuja occidentalis 'Techny'2
Dark Green Arborvitae Conifers Thuja occidentalis 'Dark Green'3
Autumn Blaze® Maple Conifers Acer x freemanii 'Jeffsred'2
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