CC Staff Report Fawn Hill Final Plat 17-15 1T Y p ~ � J
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CITY OF ClIANHASSEN
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Chanhassen is a Community for Life-ProvidingforToday and Planning forTomorrow
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Bob Generous, Senior Planner
DATE: August 28, 2017 D*
SUBJ: Fawn Hill—Final Plat; Plans and Specification; and Development Contract
Planning Case#2017-15
PROPOSED MOTION :
"The Chanhassen City Council approves:
• Final Plat for ten lots, one outlot and public right of way with Variances for a double-
fronted lot for a single-family detached subdivision, and a roadway slope in excess of
7.0% subject to the conditions of approval;
• Development Contract for Fawn Hill; and
• Plans and Specifications for Fawn Hill."
City Council approval requires a majority vote of City Council.
EXECUTIVE SUMMARY
The applicant is requesting final plat approval for ten lots,one outlot and public right of way with
variances for a double-fronting lot and street grades in excess of seven percent for a single-family
subdivision,as well as approval of the development contract and project construction plans and
specifications.
BACKGROUND
On August 14, 2017, the Chanhassen City Council approved the following:
• Rezoning of the property from Agricultural Estate(A-2) to Residential-Low &Medium
Density(RLM);
• Conditional Use Permit to permit development within the Bluff Creek Corridor;
PH 952.227.1100• www.ci.chanhassen.mn.us• FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 2
• Preliminary Plat approval for ten lots, one outlot and public right of way with Variances
for a double-fronted lot for a single-family detached subdivision and a roadway slope in
excess of 7.0%, subject to the conditions of approval.
SUBDIVISION REVIEW
The applicant is creating ten lots, one outlot and public right of way for city streets. As part of the
preliminary plat, six outlots were proposed. However, to resolve issues with the outlots, they were
combined with the abutting properties.
GRADING
Drainage
The existing drainage of this site flows southwest toward the wetland. The Galpin Boulevard
drainage ditch flows through the east side of the property south toward the Vistas at Bentz Farms
development.
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The stonnwater system proposes to route runoff to an infiltration basin constructed adjacent to
the Vistas at Bentz Farms development pond.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 3
OFF�t y 4 :,"-, i `� '!�` OFF-2 _ J .
" INFILTRATION BASIN - 111 Z 1 - °"' Y
ABSTRACTION VOLUME =4095 CF /i J ` I ;%, FAWN-2 II '
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BIOFILTRATION BENCH t• A- BENTZ 1
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The city has received comment about drainage concerns from the property owner of 7545 Fawn
Hill Road, a lot south of this proposed development. The stormwater design includes a pickup 1
catchbasin to pull the water from the Galpin Boulevard drainage ditch into the Fawn Hill
stormwater system. The developer will continue to work with the city and watershed district to
address capacity concerns relating to the modeling of the catchbasin as described in#J2 and#J4
of the watershed district's August 15t'' comments (attached). The applicant shall dedicate a
drainage and utility easement across the EOF path on Lot 6, Block 2.
To provide draintile service where runoff will flow from the back to the front of lots, the plan
shall be revised to include draintile between Lots 3 and 4 of Block 2,but inside one of the lots, I
so its ownership is clearly defined. 1
The applicant shall revise the plan to provide draintile at the bottom of the drainage swale on Lot
5 to CB7 or CB 14.
1
Lot 4, Block 2 grading plan shall be revised to grade away from the building pads.
Erosion Prevention and Sediment Control
The proposed development will exceed 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).
The applicant shall submit the full SWPPP document to the city for review prior to grading on
site. No earth-disturbing activities may occur until the SWPPP is updated with all required
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 4
information. This SWPPP shall be a standalone document consistent with the NPDES
Construction Permit and shall contain all required elements as listed in Parts III and IV of the
permit.
RETAINING WALLS
One retaining wall is proposed as part of this application. The retaining wall on the east side of
Lot 5, Block 2 is an approximately 95 feet long and 4 feet tall boulder wall.
The existing retaining wall at the temporary turnaround constructed as part of Vistas at Bentz
Farms is proposed to be removed.
STREETS
: Existing Road Stub
The existing Fawn Hill Road north of this parcel was
constructed in the early 1990's as part of the Longacress� � � ' -\
and Forest Meadow subdivisions. That road is an
approximately 1000-foot long dead end, which is longer
•
than the current maximum allowed by City Code. The
7 existing Fawn Hill Road south of this parcel was V1t, ', \ 2
constructed in 2015 as part of the Vistas at Bentz Farms ', 4
subdivision. This subdivision proposes to remove the m
temporary turnarounds at either end of existing Fawn Hil •l
Road and connect the two Fawn Hill Roads. The city ' ' ` '` °
intended this connection with the approval of Forest ,
Meadow and Vistas at Bentz Farms, and the staff reports a •
for both previous developments discuss providing access
to this parcel and connecting the roadway. Existing Road Stub
The applicant has requested a variance from the 7.0%maximum slope for local roads for Fawn
Hill Road. The 10% slope is required because the existing Fawn Hill Road constructed with
Forest Meadow is at a 10% slope per the as-built.
The plan shall be revised so the vertical curves of the roadway meet the City Code standard to
have the curve length be greater than the difference of the grades multiplied by 20.
The plans also include the construction of Bentz Court. Bentz Court will be a 278-foot long cul-
de-sac that provides access to three proposed homes and the existing home on Lot 3, Block 2.
The street plan shall be revised to call out right-of-way widths.
Fawn Hill Road and Bentz Court shall be public streets, owned and maintained by the city after
acceptance of the public improvements by the City Council.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 5
A $300/light fee shall be collected with the development contract for electricity costs for the first
year of operation.
RIGHT OF WAY AND EASEMENTS
On the eastern side of the parcel, the applicant proposes to dedicate right-of-way for Galpin
Boulevard to create a total 50-foot wide right-of-way corridor. This is consistent with the
adjacent right-of-way width.
The applicant shall dedicate a drainage and utility easement across the EOF path on Lot 6, Block
2.
DRIVEWAYS & SIDEWALKS
All proposed driveways shall follow the city setback requirements of 10 feet from the property
line. The plan shall be revised so driveways for Lots 2 and 3 of Block 1 meet the 10-foot setback.
A 5-foot sidewalk is proposed on the east side of Fawn Hill Road. ADA compliant pedestrian
ramps shall be installed at the intersection of Bentz Court and Fawn Hill Road. The pedestrian
ramp at the entrance to Sugarbush Park adjacent to the sidewalk connection to the existing trail
shall be reconstructed with the connection to be ADA compliant.
UTILITIES
Sanitary Sewer
The applicant proposes 8-inch sanitary sewer to tie-in to the existing 8-inch stub south of the
property under the existing Fawn Hill Road. Sanitary sewer shall be owned and maintained by
the city after acceptance of the public improvements by the City Council.
The existing home on Lot 3, Block 2 currently uses a mound septic system. This home will be
connected to the proposed sewer system and the existing mound system shall be removed prior
to the acceptance of the public sanitary sewer.
Water Main
The applicant proposes an 8 inch C900 water main to service the property. This water main shall
be connected to existing stubs at the north and south edges on the property under the existing
Fawn Hill Road. Water main shall be owned and maintained by the city after acceptance of the
public improvements by the City Council.
The existing home on Lot 3, Block 2 currently uses private well for water. This home will be
connected to the proposed water system prior to the acceptance of the public water main.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 6
To avoid having storm sewer pipe in backyard easements, staff recommends routing the
stormwater system down Bentz Court and up Fawn Hill Road rather than between Lots 1 and 2
of Block 2. The water main will likely need to cross to the west side of Fawn Hill Road at the
Bentz Court intersection to facilitate this recommended design of the stormwater pipe.
Storm Sewer
Storm sewer installed with this subdivision shall be owned and maintained by the city after
acceptance of the public improvements by the City Council.
Staff recommends reconstructing the pipe outlet from the Sugarbush Park and eliminating
CBMH 11 as a cost-saving measure for both construction and future maintenance.
The plan shall be revised to increase the depth of the environmental sumps to 4 feet on CBMH 3
and 6.
To avoid having stormwater pipe in backyard easements, staff recommends routing the
stormwater system down Bentz Court and up Fawn Hill Road rather than between Lots 1 and 2
of Block 2.
The stormwater structures table shall be revised to show castings that will pick up water. The
table shall also show MH6 with a beehive-type casting rather than the curb grate casting listed.
Any location where drainage and utility easements will contain storm pipe shall be flagged in the
field.
SURFACE 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."The applicant shall meet the minimum
requirements for stormwater set forth in City Code §9-VII and requirements of the Riley-
Purgatory-Bluff Creek Watershed District.
The site is within the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD), therefore,
comments regarding the proposed surface water management are deferred to RPBCWD. The
review comments from the Riley-Purgatory-Bluff Creek Watershed District dated August 15,
2017 are attached to this report. As of August 15, 2017, the District considers the application
complete. The applicant must obtain a permit from RPBCWD prior to final plat recording.
City staff must approve Operations and Maintenance Agreement with the Watershed District
prior to the applicant entering into the agreement listed a#J10 in the August 15, 2017 email from
the District.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 7
Storm Water Utility Connection Charges
The calculated storm water utility connection charge shown in the table below based on the
net area of the development and the development type: medium density residential.
PER
AREA FEE ACRE ACRES FEE
SURFACE
WATER Gross Area $9,690 11.64 $ 112,791.60
DEVELOPMENT ROW Dedication $9,690 -1.11 $ (10,755.90)
FEE Outlot E $9,690 -4.45 $ (43,120.50)
NET AREA 10.53 $ 58,915.20
The Vistas at Bentz Farms development received credit for treatment of stormwater at the
time of final plat for areas north of the Vistas site, including a portion of the Fawn Hill
area. Therefore, the Fawn Hill development can only receive credit for a portion of their
site. They will also receive credit for treating stormwater from the north and east that is
not presently treated to current standard. The fee and credits are calculated as shown in
the table below.
VOLUME EQUIVALENT
SURFACE of NEW ACRES
WATER ABSTRACTION ABSTRACTED PER ACRE 50% CREDIT
CREDIT BY 1.1" FEE PER ACRE
13,937 CF 3.49 $9,690 $ 16,909.05
The SWMP Fee is $58,915.20. The SWMP Credit is $16,909.05. The net SWMP Fee due at
the time of final plat of is $42,006.15.
ASSESSMENTS
Water and sewer partial hookups are due at the time of final plat. For 10 units, the sanitary
partial fee is $6,910.00 and the water partial fee is $21,470.00. The remaining hookup fees will
be due with the building permit at the rate in effect at that time.
LANDSCAPING
The landscape plan meets minimum requirements of the ordinance. The landscape plan, dated
7/14/17, sheet Ll, shall be modified as follows:
• No more than 20% of trees shall be from one genus—reduce maple quantity to 16 trees or
less.
• Individual tree species shall be no more than eight trees.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 8
• Due to alkaline soils on site, the following trees are not recommended: red maple, river
birch.
A revised landscape plan shall be submitted prior to construction.
Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
Based on review of the plans the following quantity of trees are required on each lot. Placement
of trees are shown on the landscape plan dated 7/14/17.
Block 1, Lot 1 six (6) trees
Lot 2 eight (8) trees
Lot 3 eight(8) trees
Lot 4 eleven(11) trees
Block 2, Lot 1 eleven(11) trees
Lot 2 seven(7) trees
Lot 3 eight (8)trees
Lot 4 twelve(12)trees
Lot 5 nineteen(19) trees
Lot 6 fifteen(15) trees
MISCELLANEOUS
A three-foot clear space must be maintained around fire hydrants. Street signs shall be installed
prior to building permits being issued. Fire Marshal must approve signage. Fire hydrants shall
be made serviceable prior to combustible construction. Fire apparatus access roads capable of
supporting the weight of fire apparatus shall be made serviceable prior to combustible
construction.
DEVELOPMENT CONTRACT
The attached development contract incorporates the conditions of approval for the final plat and
construction plans and specifications. A$593,301.14 financial security is required to guarantee
compliance with the terms of the development contract relating to site grading, erosion control,
the installation of public utilities, one year of public street light operating costs, engineering,
surveying, inspection, landscaping, and topsoil.
The cash fees for this project total $125,497.41.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 9
PLANS & SPECIFICATIONS
The applicant has also submitted detailed construction plans and specifications for staff review
and City Council approval. Staff has reviewed the plans and specifications and finds the plans still
need some minor modifications. Staff requests that the City Council grant staff the flexibility to
administratively approve the plans after working with the applicant's engineer to modify the plans
accordingly. The plans and specifications are available for review in the Engineering
Department.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 10
REVIEW CONDITIONS OF APPROVAL
Building:
1. Provide a 1:200 "clean" plat drawing.
*This condition still applies.
2. Demolition permits are required for the removal of any existing structures.
*This condition still applies.
3. Proposed street name (Fawn Hill Road) is acceptable to the Building Official.
*This condition has been met.
4. Buildings may be required to be designed by an architect and/or engineer as determined by
the Building Official.
*This condition still applies.
5. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
*This condition still applies.
6. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
*This condition still applies.
7. Each lot must be provided with separate sewer and water services.
*This condition still applies.
8. The applicant and/or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.
*This condition still applies.
Engineering:
1. The plat shall be modified to dedicate drainage and utility easements over the pipe from
CBMH 2 to CBMH 12 to FES 13 and CBMH 14 to CBMH 7. The easements shall be sized
to allow future excavation for a ratio of 1:1 (min) or 1:1.5 (preferred).
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 11
*This condition has been met.
2. The developer will work with the city to resolve the drainage at the southeast corner of the
proposed development and the northeast corner of Vistas at Bentz Farms.
*This condition shall be modified as follows: The developer will work with the city to
resolve the drainage at the southeast corner of the proposed development and the northeast
corner of Vistas at Bentz Farms address capacity concerns relating to the modeling of the
catchbasin as described in #J2 and J4 of the watershed district's August 15t'' comments
(attached).
3. The applicant shall submit a soils report indicating soil conditions, permeability and slope.
*This condition has been met.
4. The benchmark location and elevation used for surveying shall be indicated on the grading
plan.
*This condition has been met.
5. Proposed spot elevations shall be shown on the grading plan at the center of the proposed
driveway at the curbline and at corners of proposed building pads.
*This condition has been met.
6. The plan shall be revised so that Note 10.A on the grading plan reads that disturbed areas will
be restored with 6" of topsoil.
*This condition has been met.
7. To provide draintile service where runoff will flow from the back to the front of lots, the plan
shall be revised to include draintile between Lots 3 and 4 of Block 2.
*This condition shall be modified as follows: To provide draintile service where runoff
will flow from the back to the front of lots, the plan shall be revised to include draintile
between Lots 3 and 4 of Block 2, but inside one of the lots, so its ownership is clearly
defined.
8. Lot 4, Block 1 and Lot 4 Block 2 grading plans shall be revised to grade away from the
building pads.
*This condition shall be modified as follows: Lot 4, Block 1 and Lot 11 Block 2 grading
plans shall be revised to grade away from the building pads.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 12
9. The proposed development will exceed 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).
*This condition still applies.
10. The applicant shall submit the full SWPPP document to the city for review prior to grading
on site.
*This condition still applies.
11. The plans shall identify the areas intended for stockpiling materials on site during
construction.
*This condition has been met.
12. The applicant shall meet the minimum requirements for stormwater set forth in City Code
§9-VII and requirements of the Riley-Purgatory-Bluff Creek Watershed District.
*This condition still applies.
13. The applicant must obtain a permit from RPBCWD prior to final plat recording.
*This condition still applies.
14. The SWMP Fee is $58,915.20. The SWMP Credit given for meeting the 1.1" volume
abstraction is $29,457.60. The applicant must still verify that the 1.1" abstraction is met for
the site. The net SWMP Fee due at the time of final plat of is $29,457.60.
*This condition shall be modified as follows: The SWMP Fee is $58,915.20. The SWMP
• ---- • • • • • •
verify that the 1.1" abstraction is met for the site. The net SWMP Fee due at the time of final
plat of is $29,'57.60.The SWMP Credit is $16,909.05. The net SWMP Fee due at the
time of final plat of is $42,006.15.
15. Both walls shall be moved outside the perimeter drainage and utility easements that will be
dedicated with this plat.
*This condition has been met.
16. The existing retaining wall at the temporary turnaround constructed as part of Vistas at Bentz
Farms shall be removed.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 13
*This condition has been met.
17. The Fawn Hill plan set proposes a 10.25% slope, but the developer's engineer shall revise the
plan to achieve the 10.0% slope per the Forest Meadow as-built plans and the Vistas at Bentz
Farms ghost plat of this parcel.
*This condition has been met.
18. Fawn Hill Road and Bentz Court shall be public streets, owned and maintained by the city
after acceptance of the public improvements by the City Council.
*This condition still applies.
19. The street plan shall be revised to callout right-of-way widths and centerline gradients.
*This condition shall be modified as follows: The street plan shall be revised to callout
right-of-way widths and centerline gradients.
20. A street light shall be installed at the intersection of Fawn Hill Road and Bentz Court. A
$300 fee shall be collected with the development contract for electricity costs for the first
year of operation.
*This condition shall be modified as follows: A street light shall be installed at the
intersection of Fawn Hill Road and Bentz Court. A $300 fee/light shall be collected with the
development contract for electricity costs for the first year of operation.
21. All proposed driveways shall follow the city setback requirements of 10 feet from the
property line. The driveways for Lots 2-4 of Block 1 and 3-5 of Block 2 shall be revised to
meet the setback.
*This condition shall be modified as follows: All proposed driveways shall follow the city
setback requirements of 10 feet from the property line. The driveways for Lots 2 and 3,-4-of
Block 1 and 3 5 of Block 2 shall be revised to meet the setback
22. ADA compliant pedestrian ramps shall be installed at the intersection of Bentz Court and
Fawn Hill Road and at the entrance to Sugarbush Park.
*This condition shall be modified as follows: ADA compliant pedestrian ramps shall be
installed at the intersection of Bentz Court and Fawn Hill Road and at the entrance to
Sugarbush Park. The pedestrian ramp at the entrance to Sugarbush Park adjacent to the
sidewalk connection to the existing trail shall be reconstructed with the connection to be
ADA compliant.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 14
23. Sanitary sewer shall be owned and maintained by the city after acceptance of the public
improvements by the City Council.
*This condition still applies.
24. The existing home on Lot 3, Block 2 shall be connected to the proposed sewer system and
the existing mound system shall be removed prior to the acceptance of the public sanitary
sewer.
*This condition still applies.
25. Water main shall be owned and maintained by the city after acceptance of the public
improvements by the City Council.
*This condition still applies.
26. The existing home on Lot 3, Block 2 shall be connected to the proposed water system prior to
the acceptance of the public water main.
*This condition still applies.
27. Storm sewer installed with this subdivision shall be owned and maintained by the city after
acceptance of the public improvements by the City Council.
*This condition still applies.
28. The grading proposed will route some of the Galpin Boulevard ditch runoff as overland,
sheet flow to a pick-up catchbasin located on Lot 5, Block 2. The plan shall be revised to
include a pick-up catchbasin within the right-of-way rather than routing the stonnwater onto
the residential lot.
*This condition has been met.
29. The plan shall be revised to locate CBMH 4 outside of the driveway area for Lot 1, Block 1.
*This condition has been met.
30. The plan shall be revised to include CBMH 14 in the structure table on plan page 4.
*This condition shall be modified as follows: The plan shall be revised to include CBMH
•- • • - . . • . .•:- A. Revise castings in table to call out MH that will
take in stormwater. MH6 shall have beehive casting rather than curb grate 3067V.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 15
31. The plan shall be revised to show velocities on the FES table on plan page 4. All FES pipe
shall have non-erosive velocities (3.5-5.0 feet per second).
*This condition has been met.
32. The plan shall be revised to remove the environmental sumps from CBMH 7 and installed on
CBMH 3 and 6. This CBMH are preferred because they are downstream to catch more debris
and are on the street for easier future maintenance access.
*This condition shall be modified as follows: The plan shall be revised to remove the
environmental sumps from CBMH 7 and installed on CBMH 3 and 6. This CBMH are
•- • • A.
- - 4-foot minimum sump depth for MH 3 and 6.
33. The plan shall be revised to show the entire storm pond that the development is using for
stormwater management.
*This condition has been met.
34. To avoid having stormsewer pipe in backyard easements, staff recommends routing the
stonnwater system down Bentz Court and up Fawn Hill Road rather than between Lots 1 and
2 of Block 2.
*This condition still applies.
35. The storm crossing elevation at Station 1+25 shall be corrected.
*This condition has been met.
36. The plan shall be revised to increase the pipe slope to FES 13 to 1.00% or greater per the MN
Stormwater Manual to prevent ice damage to the pipe.
*This condition has been met.
37. The plan shall be revised to use 15" RCP as the minimum stormwater pipe size for future
maintenance access.
*This condition has been met.
38. Water and sewer partial hook-ups are due at the time of final plat. For 10 units, the sanitary
partial fee is $6,910.00 and the water partial fee is $21,470.00. The remaining hook-up fees
will be due with the building permit at the rate in effect at that time.
*This condition still applies.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 16
Based on review of the plans, staff recommends that the following conditions be added:
39. City staff must approve Operations and Maintenance Agreement with the Watershed
District prior to the applicant entering into the agreement listed a #J10 in the August
15, 2017 email from the District.
40. Any location where drainage and utility easements will contain storm pipe shall be
flagged in the field.
41. The applicant shall dedicate a drainage and utility easement across the EOF path on
Lot 6, Block 2.
Fire:
1. A three-foot clear space must be maintained around fire hydrants.
2. Street signs shall be installed prior to building permits being issued. Fire Marshal
must approve signage.
3. Fire hydrants shall be made serviceable prior to combustible construction.
4. Fire apparatus access roads capable of supporting the weight of fire apparatus shall be
made serviceable prior to combustible construction.
Natural Resources:
1. The minimum number of overstory trees required to be planted in the development is 81.
*This condition shall be modified as follows: The minimum number of overstory trees
required to be planted in the development is 81. The landscape plan, dated 7/14/17, sheet
L1, shall be modified as follows:
• No more than 20% of trees shall be from one genus —reduce maple quantity to
16 trees or less.
• Individual tree species shall be no more than eight trees.
• Due to alkaline soils on site, the following trees are not recommended: red
maple, river birch.
A revised landscape plan shall be submitted prior to construction.
2. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
*This condition still applies.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 17
3. The applicant shall install the required buffer yard plantings along Galpin Boulevard.
*This condition has been met.
Based on review of the plans, staff recommends the following condition be added:
4. The following quantity of trees are required on each lot. Placement of trees are shown
on the landscape plan dated 7/14/17.
Block 1, Lot 1 six (6) trees
Lot 2 eight (8) trees
Lot 3 eight (8) trees
Lot 4 eleven (11) trees
Block 2, Lot 1 eleven (11) trees
Lot 2 seven (7) trees
Lot 3 eight (8) trees
Lot 4 twelve (12) trees
Lot 5 nineteen (19) trees
Lot 6 fifteen (15) trees
Parks:
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected as a condition of approval for Fawn Hill.
*This condition still applies.
Planning:
1. The applicant shall resolve the issues with Outlots A, B, C, D and F prior to final plat
approval.
*This condition has been met. • . . . . : : : The applicant shall resolve
the issues with Outlots A, B, C, D and F prior to final plat approval. A conservation
• • • . • • . . • ! • • • . • • . . . • • The city will rely on the
zoning limitations for the property to maintain it as open space.
2. Outlot E, encompassing the large wetland area, shall be dedicated to the city.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 18
*This condition shall be modified as follows: Outlot A B, encompassing the large wetland
area, shall be dedicated to the city.
3. The developer shall install signage at lot lines corner and at the change in angle along the
west portion of Lots 2, 3 and 4, Block 1 to demarcate the Bluff Creek Primary Zone.
*This condition still applies.
COMPLIANCE TABLE
Area (sq. ft.) Frontage (ft.) Depth (ft.) Notes
Code (RLM) 9,000 50 @ 110
Lot 1, Block 1 21,132 75 251
Lot 2, Block 1 24,815 72 263 Bluff Creek primary
abuts, wetland
Lot 3, Block 1 39,263 72 366 Bluff Creek primary
abuts, wetland
Lot 4, Block 1 62,334 79 551 Bluff Creek primary
abuts, wetland
Lot 1, Block 15,479 113 155 Corner lot
Lot 2, Block 2 11,434 125 165
Existing house, double
fronting lot (Fawn Hill
Lot 3, Block 2 35,059 101 279 and Bentz Court. A
variance is being
requested.
Lot 4, Block 2 17,502 89 161
Lot 5, Block 1 18,403 80 165 Double fronting lot
(Galpin Blvd.)
Lot 6, Block 2 19,433 161 184 Double fronting lot
(Galpin Blvd.)
Bluff Creek Primary
Outlot A 193,902 Zone, Wetlands. To be
dedicated to the city. 4.45
acres
ROW 48,426 1.11 acres
Total 507,182 11.64 acres
Setbacks: Front—25 ft. from ROW, side—5 ft. on garage side and 10 ft. on house side,rear—25
ft., Bluff Creek primary—40 ft., wetland—20 ft. buffer and 30 ft. buffer setback.
Hard Coverage: 35%
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 19
RECOMMENDATION
Staff recommends approval of the final plat subject to the following conditions of approval and
the development contract and construction plans and specifications:
Building:
1. Provide a 1:200 "clean"plat drawing.
2. Demolition permits required for the removal of any existing structures.
3. Buildings may be required to be designed by an architect and/or engineer as determined by
the Building Official.
4. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
5. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
6. Each lot must be provided with separate sewer and water services.
7. The applicant and/or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.
Engineering:
1. The developer will work with the city address capacity concerns relating to the modeling of
the catchbasin as described in#J2 and J4 of the watershed district's August 15th comments
(attached).
2. To provide draintile service where runoff will flow from the back to the front of lots, the plan
shall be revised to include draintile between Lots 3 and 4 of Block 2,but inside one of the
lots, so its ownership is clearly defined.
3. Lot 4, Block 2 grading plans shall be revised to grade away from the building pads.
4. The proposed development will exceed 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).
5. The applicant shall submit the full SWPPP document to the city for review prior to grading
on site.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 20
6. The applicant shall meet the minimum requirements for stormwater set forth in City Code
§9-VII and requirements of the Riley-Purgatory-Bluff Creek Watershed District.
7. The applicant must obtain a permit from RPBCWD prior to final plat recording.
8. The SWMP Fee is $58,915.20. The SWMP Credit is $16,909.05. The net SWMP Fee due
at the time of final plat of is $42,006.15.
9. Fawn Hill Road and Bentz Court shall be public streets, owned and maintained by the city
after acceptance of the public improvements by the City Council.
10. The street plan shall be revised to callout right-of-way widths.
11. A $300 fee/light shall be collected with the development contract for electricity costs for the
first year of operation.
12. All proposed driveways shall follow the city setback requirements of 10 feet from the
property line. The driveways for Lots 2 and 3, Block 1 shall be revised to meet the setback
13. ADA compliant pedestrian ramps shall be installed at the intersection of Bentz Court and
Fawn Hill Road. The pedestrian ramp at the entrance to Sugarbush Park adjacent to the
sidewalk connection to the existing trail shall be reconstructed with the connection to be
ADA compliant.
14. Sanitary sewer shall be owned and maintained by the city after acceptance of the public
improvements by the City Council.
15. The existing home on Lot 3, Block 2 shall be connected to the proposed sewer system and
the existing mound system shall be removed prior to the acceptance of the public sanitary
sewer.
16. Water main shall be owned and maintained by the city after acceptance of the public
improvements by the City Council.
17. The existing home on Lot 3, Block 2 shall be connected to the proposed water system prior to
the acceptance of the public water main.
18. Storm sewer installed with this subdivision shall be owned and maintained by the city after
acceptance of the public improvements by the City Council.
19. Revise castings in table to call out MH that will take in stormwater. MH6 shall have beehive
casting rather than curb grate 3067V.
20. The plan shall be revised to 4-foot minimum sump depth for MH 3 and 6.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 21
21. To avoid having stormsewer pipe in backyard easements, staff recommends routing the
stormwater system down Bentz Court and up Fawn Hill Road rather than between Lots 1 and
2 of Block 2.
22. Water and sewer partial hook-ups are due at the time of final plat. For 10 units, the sanitary
partial fee is $6,910.00 and the water partial fee is $21,470.00. The remaining hook-up fees
will be due with the building permit at the rate in effect at that time.
23. City staff must approve Operations and Maintenance Agreement with the Watershed District
prior to the applicant entering into the agreement listed a#J10 in the August 15, 2017 email
from the District.
24. Any location where drainage and utility easements will contain storm pipe shall be flagged in
the field.
25. The applicant shall dedicate a drainage and utility easement across the EOF path on Lot 6,
Block 2.
Fire:
1. A three-foot clear space must be maintained around fire hydrants.
2. Street signs shall be installed prior to building permits being issued. Fire Marshal must
approve signage.
3. Fire hydrants shall be made serviceable prior to combustible construction.
4. Fire apparatus access roads capable of supporting the weight of fire apparatus shall be made
serviceable prior to combustible construction.
Natural Resources:
1. The landscape plan, dated 7/14/17, sheet Ll, shall be modified as follows:
• No more than 20% of trees shall be from one genus—reduce maple quantity to 16 trees or
less.
• Individual tree species shall be no more than eight trees.
• Due to alkaline soils on site, the following trees are not recommended: red maple, river
birch.
A revised landscape plan shall be submitted prior to construction.
Todd Gerhardt, City Manager
Fawn Hill Final Plat, Development Contract, and Plans & Specifications
August 28, 2017
Page 22
2. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
3. The following quantity of trees are required on each lot. Placement of trees are shown on
the landscape plan dated 7/14/17.
Block 1, Lot 1 six (6) trees
Lot 2 eight (8) trees
Lot 3 eight(8) trees
Lot 4 eleven (11) trees
Block 2, Lot 1 eleven (11)trees
Lot 2 seven (7) trees
Lot 3 eight(8) trees
Lot 4 twelve (12)trees
Lot 5 nineteen (19) trees
Lot 6 fifteen (15)trees
Parks:
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected as a condition of approval for Fawn Hill.
Planning:
1. Outlot A, encompassing the large wetland area, shall be dedicated to the city.
2. The developer shall install signage at lot lines corner and at the change in angle along the
west portion of Lots 2, 3, and 4, Block 1 to demarcate the Bluff Creek Primary Zone.
ATTACHMENTS
1. Reduced Copy Final Plat
2. Development Contract
\\cfs5\cfs5\shared_data\plan\2017 planning cases\17-15-fawn hill\final plat 170803 submittal\fawn hill final plat dc and plans and specs.doc
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1 d r KNOW ALL PERSONS BY THESE PRESENTS:That Chanhassen Investment LLC.,fee owner of the following described property situated in the State of STATE OF MINNESOTA
e0
I Minnesota,County of Carver,m wit
COUNTY OF HENNEPIN
0
1 Z That part of the Northwest Quarter of the Southwest Quarter of Section 10,Township 116,Range 23,Carver County,Minnesota described as follows: The foregoing instrument was acknowledged
1 Commencingat the WestB mg ledged before me this day of ,2017,by David B.Pemberton,Professional Land Surveyor,
Quarter corner ofseid section]0;thence on an assumed bearing of South 1 degree 56 minutes 40 second Past along the West line of said Southwest Quarter, Minnesota License No.40344.
\
\ a distance of 1213.40 feet;thence North 88 degrees 03 miwms 20 second East,a distance of 464.93 feet;thence North 1 degree 56 minutes 40 seconds West on a line parallel to said
\I- west line of the Southwest Quarter,a distance of 289.19 feet to the point of beginning of the tract to be described;thence continuing North 1 degree 56 minutes 40 second Weston a
\ 1 line parallel to said west line of the Southwest Quarter,a distance of272.96 feet thence North 88 degrees 03 minutes 20 second East,a distance of 818.71 f thence South 6 degrees Notary Public,Hennepin County,Minnesota No Printed Name
43 minutes 00 seconds West a distance of 276.11 feet thence South 88 degrees 03 minutes 20 second them,a distance of 777.13 feet b the point of beginning. My Commission Expires:
I N89°18'51"E 464.93
(N88003'20"E) And
m III^TA AT �f T-7 f-A L)l,A�
v- V I.; I -t : n 1 �.L_:`.1 I L_ i n t\I V J CHANHASSEN,MINNESOTA
_aThat part of the Northwest Quarter of the Southwest Quarter of Section lO,Township 116,Range 23,Carver Count',Minnesota described as follows: This plat of FAWN HILL was approved and accepted by the City Council of the City of Chanhassen,Minnesota ate regular meeting held this day of
w Commencing at the West Quarter comer of said Section 10;thence on an assumed bearing of South 1 degree 56 minutes 40 second Fast along the West line of said Southwest Quarter, ,2017•and is is compliance with the provisions of Minnesota Stares Section 505.03,Subdivision 2.
a distance of651.25 feet to the point of beginning of the tract to be described;thence continuing South 1 degree 56 minutes 40 second East along said West line of the Southwest
Quarter,a distance of 562.]2 feet m a point 1,213.40 feet distant from said West Quarter comer of Section 10;thence 86 CHY COUNCIL OF THE CITY OF CHANHASSEN,MINNESOTA
° degrees 03 minutes 20 seconds East,a distance of feet;
N SOUTHY/EST CORNER OF thence North 1 degree 56 minutes 40 second West on a lice parallel to said West line of the Southwest Quarter,a distance 562.15 feet;thence South 88 degrees 03 minutes 20 second
- SEC.10,TWP.II6,ROE.23 them,a distance of 464.93 feet to the point of beginning.
I FND.CARVER COUNTY MON. SECTION 10, TOWNSHIP 116, RANGE 23 BY Mayor
1 LOCATION MAP And
• -I NO SCALE Outlot B,C and D,VISTAS AT BENTZ FARMS,according to the recorded plat thereof Carver County,Minnesota. By:COUNTY ,Administrator
V-----9 - Has caused the same to be surveyed and platted as FAWN HILL and does hereby dedicate to the public for public use forever thepublic waysandCo SURVEYOR,
easements,as shown on this plat. drainage and utility Carver County,Minnesota
DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: I
LAKE ince Pursuant m Chapter 395,Minnesota Laws of 1971,this plat hes been approved this day of 2017.
In witness whereof said Chanhassen Investment LLC.has caused these presents to be signed by its proper officer this day of Brian Prsake,Carver County Surveyor
jN.4f4
2017.
1' ,4 Chanhassen Investment LLC. BY
H
I
yI....5_
Melt Hanish,Vice President COUNTY AUDITOR/TREASURER
I 1 LAKE WsCarver Cowry,Minnesota
e \ -- - ._ _ _ __ STATE OYFOMQ�NESOTA I hereby certify that taxes payable 2017 and prior years have been paid for land described on this plat.Dated this day of
11
The fore o' Laurie Davies,County Auditor/Treasurer
�� 8 mg instrument was acknowledged before me this day of 2017,by hfan Hanish,Vice President of Chanhassen
Investment,LLC.
NOT TO SCALE By:
Being 5 feet in width and adjoining lot lines,unless otherwise 1 I Notary Public,Hennepin County,Minnesota Notary Printed Name
My Commission Expires; COUNTY
indicated,and 10 feet in width and adjoining right of way lines, RECORDER,
unless otherwise indicated,as shown on the plat. I I Carver County,Minnesota t '�,p>< f.t A R���r 3
I �\ SURVEYORS CERTIFICATE I hereby certify that this plat of FAWN HILI,was filed this day of ,2017,of iVJ b H5H �vj (/1
/ I David B.Pemberton,do hereby certify that this plat waso'clock.M.as Document No. �'06'a1{,� ) II
/-_\1 D prepared by me or under my direct supervision,that I am a duly licensed land surveyor in the State of ll 1 b
Minnesota;that this plat is a correct representation of the boundary survey;that all mathematical data and labels are correctly designated on the plat that all monuments ,County Recorder
STATE HIGHWAY No. 5 depicted on the 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,
�aEEas 80RA4, Section 505.01,Subdivision 3 existing as of the date of this certification ate shown and labeled on the play and that all public ways are shown and labeled on the plat. AF j
=G SATHRE-BERGQUIST, INC. By: F03
2017
W w
Dated this day of 2017.
7'''''''''/I
•
w �ei��tl''N ' i\ � �111It�i1E'
ONRa v V��a David B.a License
Na.4034 Professional Lend Surveyor
Minnesota License N.40344
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FAWN HILL
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS PAGE
1. REQUEST FOR PLAT APPROVAL SP-1
2. CONDITIONS OF PLAT APPROVAL SP-1
3. DEVELOPMENT PLANS SP-1
4. IMPROVEMENTS SP-2
5. TIME OF PERFORMANCE SP-2
6. SECURITY SP-2
7. NOTICE SP-3
8. OTHER SPECIAL CONDITIONS SP-3
9. GENERAL CONDITIONS SP-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
i
F. Building Permits GC-7
G. Waivers/Amendments GC-7
H. Release GC-7
I. Insurance GC-7
J. Remedies GC-8
K. Assignability GC-8
L. Construction Hours GC-8
M. Noise Amplification GC-8
N. Access GC-8
O. Street Maintenance GC-8
P. Storm Sewer Maintenance GC-9
Q. Soil Treatment Systems GC-9
R. Variances GC-9
S. Compliance with Laws, Ordinances, and Regulations GC-9
T. Proof of Title GC-9
U. Soil Conditions GC-10
V. Soil Correction GC-10
W. Haul Routes GC-10
X. Development Signs GC-10
Y. Construction Plans GC-10
Z. As-Built Lot Surveys GC-11
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
FAWN HILL
SPECIAL PROVISIONS
AGREEMENT dated August 14, 2017 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, HP HOLDINGS, a Limited Liability Company
(the"Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
FAWN HILL(referred to in this Contract as the"plat"). The land is legally described on the attached
Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 30 days after the City Council approves the plat.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A,the plans may
be prepared, subject to City approval, after entering the Contract, but before commencement of any
work in the plat. If the plans vary from the written terms of this Contract, the written terms shall
control. The plans are:
Plan A: Final plat approved August 14,2017,prepared by Sathre-Bergquist, Inc.
Plan B: Grading,Drainage and Erosion Control Plan dated July 18,2017,prepared by Sathre-
Bergquist, Inc.
Plan C: Plans and Specifications for Improvements dated July 18, 2017,prepared by Sathre-
Bergquist,Inc.
Plan D: Landscape Plan dated July 14, 2017, prepared by Norby and Associates Landscape
Architects, Inc..
SP-1
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric,telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements except
for the wear course on public streets by November 15, 2017. 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$593,301.14. The amount of the
security was calculated as 110%of the following:
Site Grading/Erosion Control/Restoration $173,577.50
(Including 3900 CY at$20/CY for topsoil)
Sanitary Sewer $ 38 452.50
Watermain $ 36,065.00
Storm Sewer, Drainage System, including cleaning and maintenance $ 92,049.00
Streets $151,016.25
Sub-total, Construction Costs $491,160.25
Street Lights $ 4,000.00
Engineering, surveying, and inspection(7%of construction costs) $ 34,381.22
Landscaping(2%of construction costs) $ 9,823.21
Sub-total,Other Costs $ 48,204.42
TOTAL COST OF PUBLIC IMPROVEMENTS $539,364.67
SECURITY AMOUNT (110% of$539,364.67) $593,301.14
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
SP-2
any violation of the terms of this Contract. If the required public improvements are not completed at
least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the
security is drawn down, the draw shall be used to cure the default. With City approval, the security
may be reduced from time to time as financial obligations are paid, but in no case shall 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:
TOM BAKRITGES
HP HOLDINGS, LLC
6035 CULLIGAN WAY
MINNETONKA,MN 55345
Phone: 952-294-2123
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen
City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952)
227-1100.
8. Other Special Conditions.
A. SECURITIES AND FEES
A $593,301.14 letter of credit or escrow for the developer-installed improvements, the $125,497.41
cash administration fee and the fully-executed development contract must be submitted and shall be
submitted prior to scheduling a pre-construction meeting.
Administration fee(based on estimated construction
cost: 3%of$491,160.25) $ 14,734.81
GIS fee: 10 parcels @$10/parcel+$25 for the plat $ 125.00
Park Dedication Fee: 9 parcels @$5,800/parcel $ 52,200.00
Partial payment of City sewer and water hookup fees:
10 units @$691/unit(sewer)+$2,147/unit(water) $ 28,380.00
Street light operating fee: 2 lights @$300/light $ 600.00
Surface Water Management Fee $ 29,457.60
Total $ 125,497.41
SP-3
B. CONDITIONS OF APPROVAL
Building:
1. Provide a 1:200 "clean"plat drawing.
2. Demolition permits required for the removal of any existing structures.
3. Buildings may be required to be designed by an architect and/or engineer as determined by
the Building Official.
4. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
5. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
6. Each lot must be provided with separate sewer and water services.
7. The applicant and/or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.
Engineering:
1. The developer will work with the city address capacity concerns relating to the modeling of
the catchbasin as described in#J2 and J4 of the watershed district's August 15th comments
(attached).
2. To provide draintile service where runoff will flow from the back to the front of lots, the plan
shall be revised to include draintile between Lots 3 and 4 of Block 2, but inside one of the
lots, so its ownership is clearly defined.
3. Lot 4, Block 2 grading plans shall be revised to grade away from the building pads.
4. The proposed development will exceed 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).
5. The applicant shall submit the full SWPPP document to the city for review prior to grading
on site.
6. The applicant shall meet the minimum requirements for stormwater set forth in City Code
§9-VII and requirements of the Riley-Purgatory-Bluff Creek Watershed District.
7. The applicant must obtain a permit from RPBCWD prior to final plat recording.
8. The SWMP Fee is $58,915.20. The SWMP Credit is $16,909.05. The net SWMP Fee due
at the time of final plat of is $42,006.15.
SP-4
9. Fawn Hill Road and Bentz Court shall be public streets, owned and maintained by the city
after acceptance of the public improvements by the City Council.
10. The street plan shall be revised to callout right-of-way widths.
11. A $300 fee/light shall be collected with the development contract for electricity costs for the
first year of operation.
12. All proposed driveways shall follow the city setback requirements of 10 feet from the
property line. The driveways for Lots 2 and 3, Block 1 shall be revised to meet the setback
13. ADA compliant pedestrian ramps shall be installed at the intersection of Bentz Court and
Fawn Hill Road. The pedestrian ramp at the entrance to Sugarbush Park adjacent to the
sidewalk connection to the existing trail shall be reconstructed with the connection to be
ADA compliant.
14. Sanitary sewer shall be owned and maintained by the city after acceptance of the public
improvements by the City Council.
15. The existing home on Lot 3, Block 2 shall be connected to the proposed sewer system and
the existing mound system shall be removed prior to the acceptance of the public sanitary
sewer.
16. Water main shall be owned and maintained by the city after acceptance of the public
improvements by the City Council.
17. The existing home on Lot 3, Block 2 shall be connected to the proposed water system prior to
the acceptance of the public water main.
18. Storm sewer installed with this subdivision shall be owned and maintained by the city after
acceptance of the public improvements by the City Council.
19. Revise castings in table to call out MH that will take in stormwater. MH6 shall have beehive
casting rather than curb grate 3067V.
20. The plan shall be revised to 4-foot minimum sump depth for MH 3 and 6.
21. To avoid having stormsewer pipe in backyard easements, staff recommends routing the
stormwater system down Bentz Court and up Fawn Hill Road rather than between Lots 1 and
2 of Block 2.
22. Water and sewer partial hook-ups are due at the time of final plat. For 10 units, the sanitary
partial fee is $6,910.00 and the water partial fee is $21,470.00. The remaining hook-up fees
will be due with the building permit at the rate in effect at that time.
23. City staff must approve Operations and Maintenance Agreement with the Watershed District
prior to the applicant entering into the agreement listed a#J10 in the August 15, 2017 email
from the District.
SP-5
24. Any location where drainage and utility easements will contain storm pipe shall be flagged in
the field.
25. The applicant shall dedicate a drainage and utility easement across the EOF path on Lot 6,
Block 2.
Fire:
1. A three-foot clear space must be maintained around fire hydrants.
2. Street signs shall be installed prior to building permits being issued. Fire Marshal must
approve signage.
3. Fire hydrants shall be made serviceable prior to combustible construction.
4. Fire apparatus access roads capable of supporting the weight of fire apparatus shall be made
serviceable prior to combustible construction.
Natural Resources:
1. The landscape plan, dated 7/14/17, sheet Ll, shall be modified as follows:
• No more than 20% of trees shall be from one genus—reduce maple quantity to 16 trees or
less.
• Individual tree species shall be no more than eight trees.
• Due to alkaline soils on site, the following trees are not recommended: red maple, river
birch.
A revised landscape plan shall be submitted prior to construction.
2. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
3. The following quantity of trees are required on each lot. Placement of trees are shown on
the landscape plan dated 7/14/17.
Block 1, Lot 1 six (6) trees
Lot 2 eight(8)trees
Lot 3 eight(8)trees
Lot 4 eleven(11) trees
Block 2, Lot 1 eleven(11)trees
Lot 2 seven (7)trees
Lot 3 eight(8)trees
Lot 4 twelve(12) trees
Lot 5 nineteen (19) trees
Lot 6 fifteen (15) trees
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Parks:
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected as a condition of approval for Fawn Hill.
Planning:
1. Outlot A, encompassing the large wetland area, shall be dedicated to the city.
2. The developer shall install signage at lot lines corner and at the change in angle along the
west portion of Lots 2, 3, and 4, Block 1 to demarcate the Bluff Creek Primary Zone.
9. General Conditions. The general conditions of this Contract are attached as Exhibit
"B" and incorporated herein.
SP-7
CITY OF CHANHASSEN
BY:
Denny Laufenburger, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
HP HOLDINGS, LLC:
BY:
Timothy J. Brown,Vice-President
STATE OF MINNESOTA)
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
2017, by Denny Laufenburger, Mayor, and by Todd Gerhardt, 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
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2017,by Timothy J.Brown,Vice-President of HP HOLDINGS,a limited liability company,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
SP-8
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of the Northwest Quarter of the Southwest Quarter of Section 10, Township 116,
Range 23, Carver County, Minnesota described as follows:
Commencing at the West Quarter corner of said section 10; thence on an assumed bearing of
South 1 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a
distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of
464.93 feet; thence North 1 degree 56 minutes 40 seconds West on a line parallel to said west
line of the Southwest Quarter, a distance of 289.19 feet; to the point of beginning of the tract to
be described; thence continuing North 1 degree 56 minutes 40 seconds West on a line parallel to
said west line of the Southwest Quarter, a distance of 272.96 feet; thence North 88 degrees 03
minutes 20 seconds East, a distance of 818.71 feet; thence South 6 degrees 43 minutes 00
seconds West a distance of 276.11 feet; thence South 88 degrees 03 minutes 20 seconds West, a
distance of 777.13 feet to the point of beginning.
And
That part of the Northwest Quarter of the Southwest Quarter of Section 10, Township 116,
Range 23, Carver County, Minnesota described as follows:
Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of
South 1 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a
distance of 651.25 feet to the point of beginning of the tract to be described; thence continuing
South 1 degree 56 minutes 40 seconds East along said West line of the Southwest Quarter, a
distance of 562.12 feet to a point 1,213.40 feet distant from said West Quarter corner of Section
10; thence 88 degrees 03 minutes 20 seconds East, a distance of 464.93 feet; thence North 1
degree 56 minutes 40 seconds West on a line parallel to said West line of the Southwest Quarter,
a distance 562.15 feet; thence South 88 degrees 03 minutes 20 seconds West, a distance of
464.93 feet to the point of beginning.
And
Outlot B, C and D, VISTAS AT BENTZ FARMS, according to the recorded plat thereof, Carver
County, Minnesota.
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
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development of which is governed by the
foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound
by the provisions as the same may apply to that portion of the subject property owned by them.
Dated this day of , 20 .
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20 ,by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Chanhassen
7700 Market Boulevard,Box 147
Chanhassen,Minnesota 55317
Dear Sir or Madam:
We hereby issue,for the account of (Name of Developer) and in your favor,our Irrevocable
Letter of Credit in the amount of$ , available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. , dated ,
2 ,of (Name of Bank) ";
b)Be signed by the Mayor or City Manager of the City of Chanhassen.
c)Be presented for payment at (Address of Bank) ,on or before 4:00 p.m. on November 30,
2 .
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel,this
Letter of Credit.Written notice is effective if sent by certified mail,postage prepaid,and deposited in the U.S.
Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen
City Manager,Chanhassen City Hall,7700 Market Boulevard,P.O.Box 147,Chanhassen,MN 55317,and is
actually received by the City Manager at least thirty(30)days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits,International Chamber of Commerce Publication No. 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
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 fmal 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
GC-1
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. § 505.02, Subd. 1.
The Developer's surveyor shall submit a written notice to the City certifying that the monuments have
been installed.
7. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
8. Site Erosion and Sediment Control. Before the site is rough graded,and before any
utility construction is commenced or building permits are issued, the erosion and sediment control
plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose
additional erosion and sediment control requirements if they would be beneficial. All areas disturbed
by the excavation and backfilling operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall
be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall
be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that
time is of the essence in controlling erosion and sediment transport. If the Developer does not comply
with the erosion and sediment control plan and schedule of supplementary instructions received from
the City, the City may take such action as it deems appropriate to control erosion and sediment
transport at the Developer's expense. The City will endeavor to notify the Developer in advance of
any proposed action,but failure of the City to do so will not affect the Developer's and City's rights
or obligations hereunder. No development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and
sediment control needs to be maintained until vegetative cover has been restored,even if construction
has been completed and accepted. After the site has been stabilized to where, in the opinion of the
City, there is no longer a need for erosion and sediment control, the City will authorize the removal
of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and
dispose of the erosion and sediment control measures.
8a. Erosion Control During Construction of a Dwelling or Other Building. Before a
building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City
Code § 7-22.
GC-2
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site,dirt and debris,including blowables, from streets and the surrounding area that
has resulted from construction work by the Developer, its agents or assigns.
10. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easements shall become City property. After completion of the improvements,a representative
of the contractor, and a representative of the Developer's engineer will make a final inspection of the
work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be
satisfied that all work is satisfactorily completed in accordance with the approved plans and
specifications and the Developer and his engineer shall submit a written statement to the City
Engineer certifying that the project has been completed in accordance with the approved plans and
specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the
public improvements shall be by City Council resolution.
11. Claims. In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been performed,the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted
with the City, and if the claims are not resolved at least ninety(90) days before the security required
by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts,to draw upon
the letters of credit in an amount up to 125%of the claim(s)and deposit the funds in compliance with
the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from
any further proceedings as it pertains to the letters of credit deposited with the District Court, except
that the Court shall retain jurisdiction to determine attorneys' fees.
12. Park Dedication. The Developer shall pay 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(2%2)inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard(area between curb and property line).
In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the
Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a
minimum of 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
staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the
GC-3
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
GC-4
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 (2%2%) of construction costs for the first $1,000,000 and
one and one-half percent(1%2%) 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.
GC-5
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 fmal 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
GC-6
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.
0. 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.3/31/06
GC-10