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CC Staff Report 5-26-20CITY COUNCIL STAFF REPORT Tuesday, May 26, 2020 Subject Approve a Request for the Subdivision of 6.4 Acres into Two Single­Family Lots and One Outlot, Preliminary and Final Plat, Development Contract and Construction Plans and Specifications for Property Located at 1641 W. 63rd Street (Nye Addition) Section NEW BUSINESS Item No: G.1. Prepared By Sharmeen Al­Jaff, Senior Planner File No: Planning Case No. 2020­06 PROPOSED MOTION “The Chanhassen City Council approves the Preliminary and Final plat to subdivide 6.4 acres into two lots and one outlot as shown in plans dated March 27, 2020, and the Construction Plans and Specifications and Development Contract, subject to the conditions of approval and adopts the Findings of Fact and Decision.” Approval requires a Simple Majority Vote of members present. SUMMARY Subdivision of 6.4 acres into two lots and one outlot.  Approval of Construction Plans and Specifications and Development Contract. BACKGROUND On April 20, 1987, the City Council approved the final plat for Pheasant Hill 4th Addition.The Wood Duck Lane connection to Yosemite Avenue was discussed at length (see attachment #7 in the staff report).The intent was to: Help disperse the traffic between Wood Duck Lane and 63rd Street by providing an additional access point into the Pheasant Hill subdivision. This connection would also help provide future access to 6480 Yosemite Avenue and allow it to potentially subdivide. Allow 1611 63rd Street to potentially subdivide. Address emergency management responders' concerns (the measured distance from Lake Lucy Road to the end of Wood Duck Lane is 1900 feet). Due to lack of a feasibility study, adequate right­of­way and cost, the connection was postponed (Wood Duck Lane ended in a temporary cul­de­sac). Staff located a feasibility study for the improvement of Yosemite Avenue.The Wood Duck Lane connection was not included in the study. The topic of serving 6480 Yosemite Avenue via a future private street was discussed by the Planning Commission.  Staff explained that this must be evaluated by future elected officials when an application is submitted.  At this time, the CITY COUNCIL STAFF REPORTTuesday, May 26, 2020SubjectApprove a Request for the Subdivision of 6.4 Acres into Two Single­Family Lots and OneOutlot, Preliminary and Final Plat, Development Contract and Construction Plans andSpecifications for Property Located at 1641 W. 63rd Street (Nye Addition)Section NEW BUSINESS Item No: G.1.Prepared By Sharmeen Al­Jaff, Senior Planner File No: Planning Case No. 2020­06PROPOSED MOTION“The Chanhassen City Council approves the Preliminary and Final plat to subdivide 6.4 acres into two lots andone outlot as shown in plans dated March 27, 2020, and the Construction Plans and Specifications andDevelopment Contract, subject to the conditions of approval and adopts the Findings of Fact and Decision.”Approval requires a Simple Majority Vote of members present.SUMMARYSubdivision of 6.4 acres into two lots and one outlot.  Approval of Construction Plans and Specifications andDevelopment Contract.BACKGROUNDOn April 20, 1987, the City Council approved the final plat for Pheasant Hill 4th Addition.The Wood Duck Laneconnection to Yosemite Avenue was discussed at length (see attachment #7 in the staff report).The intent was to:Help disperse the traffic between Wood Duck Lane and 63rd Street by providing an additional accesspoint into the Pheasant Hill subdivision.This connection would also help provide future access to 6480 Yosemite Avenue and allow it topotentially subdivide.Allow 1611 63rd Street to potentially subdivide.Address emergency management responders' concerns (the measured distance from Lake Lucy Roadto the end of Wood Duck Lane is 1900 feet).Due to lack of a feasibility study, adequate right­of­way and cost, the connection was postponed (Wood Duck Laneended in a temporary cul­de­sac). Staff located a feasibility study for the improvement of Yosemite Avenue.TheWood Duck Lane connection was not included in the study. The topic of serving 6480 Yosemite Avenue via a future private street was discussed by the Planning Commission.  Staff explained that this must be evaluated by future elected officials when an application is submitted.  At this time, the city is acquiring the right­of­way to insure the possibility of the extension of Wood Duck Lane to Yosemite Avenue.  There is an existing legal nonconforming stable permit for this site for two horses.  This subdivision will extinguish the permit and nonconforming status. The site is zoned Single­Family Residential (RSF).  Private stables are not permitted in this district. DISCUSSION The applicant is requesting to subdivide 6.4 acres into two lots and one outlot for single­family detached housing. The property is located south of 63rd Street and north of Wood Duck Lane.  Access to Lot 1 is gained off of 63rd Street and access to Lot 2 is proposed via an existing cul­de­sac off of Wood Duck Lane.  Sewer and water are available to the site.  The property is zoned Single­Family Residential (RSF) and contains four wetlands. RECOMMENDATION “The Chanhassen City Council approves the Preliminary and Final plat to subdivide 6.4 acres into two lots and one outlot as shown in plans dated March 27, 2020, and the Construction Plans and Specifications and Development Contract, subject to the conditions of approval and adopts the Findings of Fact and Decision.” ATTACHMENTS: Staff Report Findings of Fact and Recommendation Decision Development Review Application Preliminary Plat Sheets dated March 27, 2020 Final Plat Public Hearing Notice and Affidavit of Mailing List Neighborhood Petition regarding Nye Development Petition ­ Save Wood Duck Lane City Council Minutes dated April 20, 1987 Email ­ Adam Peterson Email ­ Woody Love regarding 60­Day Deadline E­mails from Ken Ashfeld dated April 28 and May 7, 2020 Development Contract CITY OF CHANHASSEN PC DATE: May 5, 2020 CC DATE: May 26, 2020 REVIEW DEADLINE: June 2, 2020 CASE #: 2020-06 BY: SJ, ET, EH, TH, JS SUMMARY OF REQUEST: Subdivision of 6.4 acres into two lots and one outlot; Approval of Construction Plans and Development Contract. LOCATION: 1641 W. 63rd Street, north of Wood Duck Lane and south of West 63rd Street. APPLICANT: Woody Love PROPERTY OWNER: Ann Nye Engel & Volkers 1641 W. 63rd Street 18202 Minnetonka Boulevard Excelsior, MN 55331 Deephaven, MN 55391 annnye@q.com woody@woodylove.com 612-695-3001 PRESENT ZONING: Single- Family Residential District, RSF 2030 LAND USE PLAN: Residential Low Density (1.2 – 4.0 units/net acre) ACREAGE: 6.4 acres DENSITY: 0.3 units per acre LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the city must approve the preliminary plat. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSED MOTION: “The Chanhassen City Council approves the Preliminary and Final plat to subdivide 6.4 acres into two lots and one outlot as shown in plans dated March 27, 2020, and Construction Plans and Specifications and Development Contract, subject to the conditions of approval and adopts the Findings of Fact and Decision.” Subject Property City Council Nye Addition May 26, 2020 Page 2 of 13 APPLICABLE REGULATIONS Chapter 18, Subdivisions Sec. 18-57. - Streets Sec. 18-60. - Lots(f) Chapter 20, Article XII, RSF District PROPOSAL/SUMMARY The applicant is requesting to subdivide 6.4 acres into two lots and one outlot for single-family detached housing. The property is located south of 63rd Street and north of Wood Duck Lane. Access to Lot 1 is gained off of 63rd Street and access to Lot 2 is proposed via an existing cul-de- sac off of Wood Duck Lane. Sewer and water are available to the site. The property is zoned Single-Family Residential (RSF) and contains four wetlands. City Council Nye Addition May 26, 2020 Page 3 of 13 BACKGROUND On April 20, 1987, the City Council approved the final plat for Pheasant Hill 4th Addition. The Wood Duck Lane connection to Yosemite Avenue was discussed at length (see attachment #7). The intent was to: • Help disperse the traffic between Wood Duck Lane and 63rd Street by providing an additional access point into the Pheasant Hill subdivision. • This connection would also help provide future access to 6480 Yosemite Avenue and allow it to potentially subdivide. • Allow 1611 63rd Street to potentially subdivide. • Address emergency management responders concerns (the measured distance from Lake Lucy Road to the end of Wood Duck Lane is 1900 feet.). Due to lack of a feasibility study, adequate right-of-way and cost, the connection was postponed (Wood Duck Lane ended in a temporary cul-de-sac). Staff located a feasibility study for the improvement of Yosemite Avenue. The Wood Duck Lane connection was not included in the study. Pheasant Hill 4th Addition 6480 Yosemite Avenue 1611 63rd Street City Council Nye Addition May 26, 2020 Page 4 of 13 SUBDIVISION The applicant is proposing to subdivide 6.4 acres into two lots and one outlot for single-family detached housing. The property is located south of 63rd Street and north of Wood Duck Lane. Access to Lot 1 is gained off of 63rd Street and it contains an existing single-family home with a detached garage and a shed. Access to Lot 2 is proposed via an existing cul-de-sac off of Wood Duck Lane. Lot 2 will house a future single-family home. Lot 2 has an existing accessory structure. City Code requires the construction of the primary structure prior to the accessory structure. This subdivision will create a nonconforming situation. Staff is recommending an escrow of 110% of the estimated removal cost be posted with the city prior to recording of the final plat. The accessory structure must be removed within four months of the approval of the final plat. Sewer and water are available to the site. The property is zoned Single-Family Residential (RSF) and contains four wetlands. All of the proposed lots meet the minimum area, width and depth requirements of the Zoning Ordinance. Outlot A contains a wetland and is intended to be deeded to the city. The applicant is also dedicating right-of-way to the city for the possible future extension of Wood Duck Lane to Yosemite Avenue. Staff notes that the proposal is consistent with the Comprehensive Plan and is generally consistent with the Zoning Ordinance. City Council Nye Addition May 26, 2020 Page 5 of 13 EXISTING CONDITIONS SURVEY The applicant has provided an existing conditions and boundary survey that generally meets the requirements of City Ordinance Sec. 18-40. The survey identified private fencing that is located in public right-of-way and crossing property lines. Any private fencing that extends into or from adjacent properties into the proposed subdivision, or private fencing that extends into public right-of-way, shall be removed with continued coordination with the affected property owners. Also, a well was identified on the provided survey. As both lots will have water services via public water mains, this well shall be abandoned in accordance with the Minnesota Department of Health’s review and regulations. Furthermore, all required permits from the appropriate regulatory agencies shall be obtained prior to the commencement of any abandonment. EASEMENTS AND RIGHT-OF-WAY The applicant is proposing standard drainage and utility easements (D&U) for the neighborhood around each lot on the proposed plat, which generally includes six feet on side and rear lot lines and ten feet on front lot lines. Per City Ordinance, standard D&U’s are five feet on side and rear lot lines; the additional one foot is consistent with the surrounding subdivisions and staff has no concerns with the additional dedication. The proposed plat illustrates a dedication of public right-of-way for the possible future extension of Wood Duck Lane. The dedicated portion of public right-of-way will be adequate to achieve a consistent 50-foot wide right-of-way throughout the corridor. While 50 feet is not the city’s standard right-of-way width, it will be consistent with the surrounding right-of-ways such as W. 63rd Street to the north and Wood Duck Lane to the south (also 50 feet wide) and is all that is necessary to improve the future street, which is heavily constrained by private properties. The applicant has proposed the dedication of Outlot A to the city, which would encompass the delineated wetland in its entirety. Staff recommends extending the boundaries of Outlot A to incorporate the wetland buffer. This will require a 6-foot D&U abutting Outlot A’s new boundary line rather than the proposed 24-foot D&U. The proposed plat should be adjusted accordingly. STREETS The proposed subdivision has frontage on both W. 63rd Street to the north and Wood Duck Lane to the south. Lot 1 will maintain the existing connection to W. 63rd Street and the newly created Lot 2 will connect to existing Wood Duck Lane right-of-way. The applicant is proposing to reconstruct the temporary cul-de-sac at the end of Wood Duck Lane to bring it into conformance with city standards and city ordinances. The temporary cul-de-sac standard from city Detail Plate #5205B requires a diameter of 70 feet. The cul-de-sac is located in an area with significant grade change to the north and one existing access to the south from 1641 Wood Duck Lane and thus the applicant has proposed a modified temporary cul-de-sac from Detail Plate #5205B. After review by staff, the proposed modification is generally acceptable as it meets the intent of Detail Plate #5205B while maintaining access to 1641 Wood Duck Lane for when the street is extended in the future. Due to the substantial grades to the north, the applicant proposes to City Council Nye Addition May 26, 2020 Page 6 of 13 regrade to achieve a 2:1 grade; if a retaining wall is required, all walls exceeding 4’ in height shall be constructed in accordance with plans prepared by a registered engineer and shall be constructed of a durable material (smooth face concrete/poured in place, masonry/mortared, railroad ties and timber are prohibited). GRADING & DRAINAGE The applicant is proposing minimal grading for the subdivision. The preliminary grading plans indicate that drainage will be routed away from the proposed new housing pad on Lot 2 and maximum driveway grades are to be maintained at 3.7%, which is in accordance with city ordinances. Additional grading, discussed previously under “Streets”, is required to reconstruct the existing cul-de-sac at the end of Wood Duck Lane. Due to the grades and relative scope of impact, the public improvements and the site grading on Lot 2 are likely to occur simultaneously. This approach has been reviewed by staff and is acceptable as proposed. EROSION PREVENTION AND SEDIMENT CONTROL The proposed development will not exceed one (1) acre of disturbance and will, therefore, not 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). However, an Erosion and Sediment Control Plan (ESCP) in adherence with the City Code of Ordinances shall be submitted for the grading operations of the subdivision as more than 5,000 square feet of land is being disturbed. This ESCP shall be a stand-alone document that must include the requirements listed under City Code of Ordinances Sec. 19-145. WATER MAIN AND SANITARY SEWER The proposed subdivision has access to public sanitary sewer and water mains that are located within abutting right-of-ways. The existing home on Lot 1 currently has active sanitary sewer and water services from the mains located within W. 63rd Street right-of-way to the north. The applicant is proposing to maintain those services. However, Lot 2 will require new services to be tapped from the sanitary sewer and water mains located through Wood Duck Lane right-of-way to the south. This will require the developer to extend the existing public sanitary sewer main within Wood Duck Lane right-of-way to the east, approximately 150 lineal feet. The applicant has shown within the preliminary plans the feasibility of this extension and the general conformity to city Standard Specifications and Detail Plates. Prior to extending the sanitary sewer main, the existing manhole in which the extension is to occur (MH 04-110) shall be inspected to ensure it is in good condition and is up to city standards. Any required repairs will be the responsibility of the developer. This extended public sanitary sewer main shall be owned and maintained by the city after acceptance of the public improvement by the City Council. The developer’s contractor shall schedule a preconstruction meeting with Engineering and Public Works Utilities prior to the commencement of any work to the sanitary sewer main extension. City Council Nye Addition May 26, 2020 Page 7 of 13 WETLANDS The wetland located on Lot 2 was delineated by Alliant Engineering, Inc. in the Fall of 2019. The delineation and classification was approved by the city. As discussed previously, the applicant is proposing to dedicate Outlot A to the city, which fully encompasses the 2019 delineated wetland located on Lot 2. There are additional wetlands within the subdivision, located in the western portion of Lot 1, however these wetlands have already been covered by drainage and utility easements back in 2006, and are to be maintained. The applicant is proposing no impacts to the wetlands on either Lots 1 or 2. All requirements of the Riley Purgatory Bluff Creek Watershed District regarding wetland buffers shall be adhered to. STORMWATER MANAGEMENT Article VII, Chapter 19 of the City Code describes the required stormwater 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.” Furthermore, all conditions, comments, and applicable permits required by Riley Purgatory Bluff Creek Watershed District shall be adhered to. STORMWATER UTILITY CONNECTION CHARGES Section 4-30 of the City Code sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type, the greater the degradation of surface water. This fee will be applied to the new lot of record being created. It is calculated as shown in the table below: SURFACE WATER DEVELOPMENT FEE AREA PER ACRE FEE ACRES FEE GROSS AREA $8,490 0.831 $ 7,055.19 OUTLOT A $8,490 0.336 $ (2,852.64) ROW $8,490 0.123 $ (1,044.27) NET AREA 0.372 $ 3,158.28 ASSESSMENTS Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. The remaining partial hookup fees are due with the building permit. FEES Based on the proposal, the $14,161.41 in fees would be collected with the development contract, calculated below: City Council Nye Addition May 26, 2020 Page 8 of 13 Administration fee (based on estimated construction cost of $54,170.84, 3.0% for the first $500,000) $ 1,625.13 GIS fee: 2 parcels @ $10/parcel + $25 for the plat $ 45.00 Partial payment of City sewer and water hookup fees: 1 unit @ $691/unit (sewer) + $2,392/unit (water) $ 3,083.00 Park Fee $ 5,800.00 Attorney Fee for Review and Recording of Plat and DC $ 450.00 Surface Water Management Fee $ 3,158.28 Total $14,161.41 LANDSCAPING AND TREE PRESERVATION The applicant for the Nye Addition has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area (excluding wetlands): 5.45 ac. or 237,794 SF Baseline canopy coverage: 44% or 105,761 SF Minimum canopy coverage required: 35% or 83,227 SF Proposed tree preservation: 39% or 95,113 SF The developer meets minimum canopy coverage for the site. A minimum of one tree is required to be planted in the front yard of the new home as required by ordinance. COMPREHENSIVE PARK PLAN The city’s comprehensive park plan calls for a neighborhood park to be located within one-half mile of every residence in the city. The Nye Addition is located within one-half mile of both Curry Farms Park and Pheasant Hill Park. These two neighborhood park locations offer ample amenities for those residing in the Nye Addition. COMPREHENSIVE TRAIL PLAN City trails located within both Curry Farms Park and Pheasant Hill Park and adjacent to Lake Lucy Road provide convenient trail connections for both recreation and transportation. City Council Nye Addition May 26, 2020 Page 9 of 13 COMPLIANCE TABLE SUBDIVISION - FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance. Finding: The subdivision meets all of the requirements of the RSF, Residential Single- Family District, and the Zoning Ordinance. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's Comprehensive Plan. Finding: The proposed subdivision is consistent with the Comprehensive Plan and Subdivision Ordinance. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development. Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter. Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage. Finding: The proposed subdivision will not cause significant environmental damage subject to the conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. Lot Area (sq. ft.) Lot Width Lot Depth Setbacks Code (RSF) 15,000 90 125 Front/Rear: 30 feet Side: 10 feet Wetland: 50 feet (30-foot setback + 20-foot permanent buffer) Lot 1 221,390 500 359 Lot 2 36,196 299 192 Outlot A 15,951 Right-of-Way 5,371 Total 278,909 City Council Nye Addition May 26, 2020 Page 10 of 13 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate stormwater drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. RECOMMENDATION Staff recommends that the City Council adopt the following motion: “The Chanhassen City Council approves the Preliminary and Final plat to subdivide 6.4 acres into two lots and one outlot as shown in plans dated March 27, 2020, and Construction Plans and Specifications and Development Contract, subject to the conditions of approval and adopts the Findings of Fact and Decision. SUBDIVISION Engineering: 1. Private fencing extending into the public right-of-way or into the proposed subdivision shall be removed. Continued coordination with all affected property owners shall be the responsibility of the developer. 2. The developer shall abandon all existing wells in accordance with all federal, state and local regulatory agencies’ standards, and obtain all necessary permits for said abandonments prior to building permits being issued. Prior to commencement of abandonment activities, a copy of all required permits from the appropriate regulatory agencies shall be provided to the city. 3. The applicant shall dedicate public right-of-way adequate for a 50-foot wide corridor for the possible future extension of Wood Duck Lane prior to recording of final plat. 4. Outlot A shall encompass the delineated wetland and also encompass the appropriate buffer determined by the Riley Purgatory Bluff Creek Watershed prior to recording of final plat. City Council Nye Addition May 26, 2020 Page 11 of 13 5. The developer shall reconstruct the temporary cul-de-sac located at the end of Wood Duck Lane in accordance with city Standard Specifications and Detail Plates, subject to review and approval by the city. The extension shall be owned and maintained by the city after acceptance of the public improvements by the City Council. 6. All retaining walls exceeding 4’ in height shall have plans and details prepared by a registered engineer prior to issuance of a Notice to Proceed. 7. The developer shall extend the existing public sanitary sewer main within Wood Duck Lane right-of-way. All extended sanitary sewer mains shall be public sanitary sewer mains, owned and maintained by the city after acceptance of the public improvements by the City Council. 8. The developer or their contractor shall schedule an inspection of the existing manhole in which the extension is to be had from (MH 04-110) to ensure it is in good condition and meets city standards. Any required repairs will be the responsibility of the developer. 9. The developer’s contractor shall schedule a preconstruction meeting with Engineering and Public Works Utilities prior to the commencement of any work to the sanitary sewer main extension. 10. All conditions, comments, and applicable permits required by the Riley Purgatory Bluff Creek Watershed District shall be adhered to. Construction Plan Review: 1. On sheet 3 of 12: For clarity add a note referencing where erosion and sediment control details can be found (currently sheet 9 of 12). 2. On sheet 6 of 12: For clarity, call out water and sanitary services to Lot 2 along with separation requirements; update buffer strip widths according to RPBCWD rules and regulations and the “Wetland Buffer Calculation” table, reflect changes throughout plan set and final plat; relocate temporary barricade approximately 30 feet east in order to accommodate snow storage; remove second temporary barricade located at approximately station 3+00. 3. On sheet 7 of 12: Note 6 of the “Grading Notes” requires a rock construction entrance, in accordance with city standards, however no construction entrance is illustrated on the plans, update accordingly; Note 10 shall be updated to include 48-hour notification prior to dewatering and approval of a dewatering plan by the city’s Water Resources Coordinator; the “Hold Down Detail Single-Family Home” does not appear to be site specific, update accordingly. 4. On sheet 8 of 12: Update plans to include double BMPs up-gradient of the wetland; illustrate locations of all construction entrances for clarity; illustrate location of “temporary parking and storage area”; update note referencing “install inlet protection on City Council Nye Addition May 26, 2020 Page 12 of 13 downstream inlets” to include the intersections, or, show inset of catch basins to be protected, for clarity; update SWPPP BMP quantities “topsoil respreads area/volume”; under “Notes to Contractor” remove reference to “the city” for transfer of erosion control responsibilities, this will remain the contractors responsibility throughout the life of the project; update legend for the erosion control blanket to call out type (MnDOT Cat. 3). 5. On sheet 9 of 12: Update details to include tree protection as called out under “Erosion Control General Notes 9.”; Note 10 and Note 1 of “Erosion Control General Notes” and “Erosion Control Schedule”, respectively, shall include language to schedule initial inspection with the city and provide the appropriate contact information; if the site will include a portable restroom update the “Pollution Prevention Management Measures” accordingly. 6. On sheet 10 of 12: Note 2 shall include language expressing the need for a preconstruction meeting with the city prior to commencement of construction activities; Note 6 shall be updated to allow for 48 hours’ notice; Note 9 shall be updated to reflect PVC/PEX water services in accordance with detail 1006 as type “k” copper is no longer allowed; as the temporary cul-de-sac detail has been modified ensure call-outs and notes clearly indicate the areas requiring full depth street construction; it is highly recommended that the slope of the sanitary sewer allows for better constructability as it is currently proposed at the minimum slope, staff recommends 0.50%; begin stationing on sheet or clearly indicate where station 0+00 is located; where the dead-end sanitary manhole is installed, extend embankment further east to allow for proper maintenance as plans currently illustrate a -28.00% slope immediately following casting. 7. On sheet 12 of 12: Extend wetland buffer seed mix to edge of existing property line. Parks: 1. Full park fees in lieu of parkland dedication and/or trail construction are collected. The park fees shall be collected in full at the rate in force upon final plat submission and approval. At today’s rate, these fees would total $5,800 (1 lot x $5,800 per lot) for the one new lot without an existing home. Environmental Resources Coordinator: 1. Tree preservation fencing must be installed at the edge of grading limits prior to any construction activities. Building Official: 1. Demolition permits must be obtained prior to demolishing any structures on the site. 2. A building permit/plans must be submitted and approved prior to construction. City Council Nye Addition May 26, 2020 Page 13 of 13 3. Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. 4. Separate sewer and water services must be provided for each lot. Planning: 1. An escrow of 110% of the estimated removal cost of the existing accessory structure on Lot 2 shall be posted with the city prior to recording of the final plat. The accessory structure must be removed within four months of the approval of the final plat. ATTACHMENTS 1. Findings of Fact and Recommendation Decision. 2. Development Review Application. 3. Preliminary, Final Plat Sheets and Construction Plans and Specifications dated March 27, 2020. 4. Public Hearing Notice and Affidavit of Mailing List. 5. Neighborhood Petition regarding “Nye Development_63rd Street”. 6. Petition to “Save Wood Duck Lane”. 7. City Council Minutes dated April 20, 1987. 8. E-mail from Adam Peterson dated April 28, 2020. 9. E-mail from Woody Love regarding the 60-day deadline dated March 27, 2020. 10. E-mails from Ken Ashfeld dated April 29, and May 7, 2020. 11. Development Contract. g:\plan\2020 planning cases\20-06 nye addition sub and var\staff report preliminary, final, construction plans, dc.docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Nye Addition for Subdivision approval. On May 5, 2020, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Nye Addition for preliminary plat approval of property into two lots and one outlot. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single-Family Residential -RSF. 2. The property is guided in the Land Use Plan for Low Density Residential. 3. The legal description of the property is: Lot 3, Block 1, Lenvilla Estates. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven affects and our findings regarding them are: SUBDIVISION FINDINGS a. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single- Family District and the zoning ordinance if the conditions of approval are met. b. The proposed subdivision is consistent with all applicable city,county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the Comprehensive Plan and subdivision ordinance if the conditions of approval are met. c. The physical characteristics of the site, including but not limited to topography, soils, vegetation,susceptibility to erosion and siltation, susceptibility to flooding,and stormwater drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision will provide adequate urban infrastructure subject to the conditions specified in this report. e. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. f. The proposed subdivision will not conflict with easements of record;and Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate stormwater drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets if the specified conditions of approval are met. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat. ADOPTED by the Chanhassen Planning Commission this 5th day of May, 2020. CHANHASSEN PLANNING COMMISSION BY: Stevens eick g:\plan\2020 planning cascs\20-06 nye addition sub and var\findings of fact.docx AuthentIslgnID:98EDF94F•B06A•4122•A8C6-3147CSD39E84 PC Qv,C `Cec, rCOMMUNITY DEVELOPMENT DEPARTMENT Planning Division—7700 Market Boulevard Of SANMailingAddress— P.O. Box 147, Chanhassen, MN 55317 CRT Phone: (952)227-1300/Fax: (952)227-1110 r APPLICATION FOR DEVELOPMENT lREVIEW I rSubmittalDater! c9 I 7 I PC Date:s ,S ( d U CC Date:c 1 oll / L c60-Day Review Date: L. I 0 Section 1: Application Type (check all that apply) Refer to the appropriate Application Checklist for required submittal information that must accompany this application) Comprehensive Plan Amendment 600 Subdivision (SUB) El Minor MUSA line for failing on-site sewers $100 Create 3 lots or less 300 El Create over 3 lots 600 + $15 per lot Conditional Use Permit(CUP)lots) El Single-Family Residence 325 El Metes & Bounds (2 lots) 300 All Others 425 El Consolidate Lots 150 El Interim Use Permit(IUP) El Lot Line Adjustment 150 El Final Plat 700 In conjunction with Single-Family Residence..$325 Includes $450 escrow for attorney costs)*El All Others 425 Additional escrow may be required for other applications through the development contract. El Rezoning (REZ) El Planned Unit Development (PUD) 750 El Vacation of Easements/Right-of-way(VAC) $300 El Minor Amendment to existing PUD 100 Additional recording fees may apply) All Others 500 Variance (VAR) 200 El Sign Plan Review 150 El Wetland Alteration Permit(WAP) Site Plan Review(SPR) El Single-Family Residence 150 Administrative 100 All Others 275 El Commercial/Industrial Districts* 500 Plus $10 per 1,000 square feet of building area: Zoning Appeal 100 thousand square feet) Include number of existing employees: El Zoning Ordinance Amendment(ZOA) 500 Include number of new employees: El Residential Districts 500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Plus $5 per dwelling unit( ,units) Notification Sign (City to install and remove) 200 Property Owners' List within 500' (City to generate after pre-application meeting)3 per address 89 addresses) E l Escrow for Recording Documents (check all that apply)50 per document E l Conditional Use Permit El Interim Use Permit El Site Plan Agreement E l Vacation El Variance El Wetland Alteration Permit Metes& Bounds Subdivision (3 docs.)El Easements ( easements) El Deeds TOTAL FEE: $1,467.00 Section 2: Required Information Description of Proposal: Requesting approval to subdivide 1 existing residential parcel into 2 single family residential lots. Property Address or Location: 1641 63rd St W Parcel#:254150012 Legal Description:Lot 3, Block 1, Lenvilla Estates, Carver County, Minnesota Total Acreage: 6.40 Wetlands Present? 0 Yes El No Present Zoning: Single-Family Residential District (RSF) Requested Zoning: Single-Family Residential District (RSF) Present Land Use Designation: Residential Low Density Requested Land Use Designation: Residential Low Density Existing Use of Property: 1 Single Family Residence OCheck box if separate narrative is attached. Authentisign ID:98EDF94F-B06A-4122-A8C6-3147C5D39E84 I r Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name:Engel & Volkers Contact:Woody Love Address: 18202 Minnetonka Blvd, Ste 100 Phone: 612) 695-3001 City/State/Zip: Deephaven, MN. 55391 Cell: Email:Authenti-: oody@woodylove.com Fax: Signature: wactivwzove Date: 3/1812020 11:12:00 AM CDT PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Ann Nye -Trustee Contact: Ann Nye Address: 1641 63rd St. W Phone: City/State/Zip: Chanhassen, MN. 55331 Cell: Email: Authentic annnye@q.com Fax: Signature: [ait.Nçew. ttDate: 3118/7020 130 33 PM CDT This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Alliant Engineering, Inc. Contact:Mark Rausch Address: 733 Marquette Ave Ste. 700 Phone: 612) 758-3080 City/State/Zip: Minneapolis, MN. 55402 Cell: Email: mrausch@alliant-inc.com Fax: Section 4: Notification Information Who should receive copies of staff reports? Other Contact Information: E Property Owner Via: 0 Email 0 Mailed Paper Copy Name: _ Applicant Via: E Email El Mailed Paper Copy Address: 0 Engineer Via: Email El Mailed Paper Copy City/State/Zip: Other* Via: Email El Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. f SAVE FORM PRINT FORM SUBMIT FORM E PROJECTLOCATION124318910101112456378TAKOMA TRAIL41WOOD DUCK LANE 63RD STREET12BLOCK 1OUTLOT A1NYE ADDITION PRELIMINARY / FINAL PLAT SUBMITTAL COVER SHEET 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION112SUITE 700ALLIANT ENGINEERING, INC.733 MARQUETTE AVENUEMINNEAPOLIS, MN 55415PH: 612-758-3080CONSULTANTFX: 612-758-3099EXISTING CONDITIONS SURVEYSHEET INDEX NO.COVER SHEET1SURVEYORENGINEERPETER D. GOERSLICENSE NO. 44110MARK RAUSCHLICENSE NO. 43480SITE PLAN4GRADING AND DRAINAGE PLAN6SCALE: 1"=2000'VICINITY MAPCHANHASSEN, MINNESOTANYE ADDITIONPRELIMINARY PLAT5EM: mrausch@alliant-inc.comEM: pgoers@alliant-inc.comTREE CANOPY COVERAGE PLANCONTACT: WOODY LOVEPH: 612-695-3001APPLICANTENGEL & VOLKERS18202 MINNETONKA BLVDDEEPHAVEN, MN. 55391EM: woody@woodylove.com10SUITE 100CONTACT: ANN NYEOWNERANN NYE - TRUSTEE1641 63RD ST. WCHANHASSEN, MN. 55331EM: annnye@q.comSTREET AND SANITARY PLAN AND PROFILE7DETAILS2-311EROSION AND SEDIMENT CONTROL PLAN8EROSION AND SEDIMENT CONTROL NOTES AND DETAILS9LANDSCAPE PLAN12 2NYE ADDITION PRELIMINARY / FINAL PLAT SUBMITTAL DETAILS 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION212 3NYE ADDITION PRELIMINARY / FINAL PLAT SUBMITTAL DETAILS 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION312 12431891010111245638TAKOMA TRAIL41WOOD DUC K L AN E 63RD STREETS88°26'35"E 399.89N01°40'27"E 359.00 N88°26'35"W 1000.00N01°40'27"E 192.00 N88°26'35"W 299.77N01°33'25"E 167.00 S88°26'35"E 100.00N01°33'25"E 150.00N88°26'35"W 200.00N01°33'25"E 150.00 12431891010111245638TAKOMA TRAIL41WOOD DUC K L AN E 63RD STREETS88°26'35"E 399.89N01°40'27"E 359.00 N88°26'35"W 1000.00N01°40'27"E 192.00 N88°26'35"W 299.77N01°33'25"E 167.00 S88°26'35"E 100.00N01°33'25"E 150.00N88°26'35"W 200.00N01°33'25"E 150.00 1"=40'03/06/2020PDGMDTFIELDDRAWN BYSCALEDATE ISSUEDJOB NO.CHECKED BY19-0083EXCELSIOR, MINNESOTA1641 WEST 63RD STREETSURVEY OF NYE PROPERTYCE,ELSignatureDate License NumberPrint NamePETER D. GOERSI hereby certify that this survey, plan, or reportwas prepared by me or under my directsupervision and that I am a duly Licensed LandSurveyor under the laws of the state ofMinnesota.LEGAL DESCRIPTIONLot 3, Block 1, Lenvilla Estates, Carver County, Minnesota.Abstract Property1. This survey and the property description shown herein are based upon information found in the Pro Formacommitment for title insurance prepared by Watermark Title Agency, as issuing agent for Old Republic National TitleInsurance Company, Commitment no. 66334, dated January 20, 2020.2. The locations of underground utilities are depicted based on information from Gopher State One Call system for a“Boundary Survey locate”. The information was provided by a combination of available maps, proposed plans or cityrecords and field locations which may not be exact. Verify all utilities critical to construction or design.3. The orientation of this bearing system is based on the Carver County Coordinate System NAD83 (86 Adj.).4. All distances are in feet.5. The area of the above described property is 278,909 square feet or 6.403 acres.6. Bench Mark 1: MnDOT monument 2706 D, in Excelsior, 0.6 mile east along Trunk Highway 7 from the junction ofTrunk Highway 41 and Trunk Highway 7, at Trunk Highway 7 milepoint 182.6, 87.0 feet northwest of a power pole,60.0 feet south of eastbound Trunk Highway 7, 51.0 feet northwest of Galpin Lake Road, 1.0 foot north of a witnesspost, having an elevation of 952.31 feet NGVD29.7. Bench Mark 2: Top nut of hydrant located on the south side of Wood Duck Lane, southwest of the cul-de-sac hasan elevation of 1034.51 feet NGVD29.NOTESLEGEND733 Marquette Ave, Ste 700Minneapolis, MN 55402612.758.3080 612.758.3099www.alliant-inc.comMAINFAXMarch 6, 202044110EXISTING CONDITIONS/BOUNDARY 124318910101112456378TAKOMA TRAIL41WOOD DUC K L AN E 63RD STREETS88°26'35"E 399.89N01°40'27"E 359.00 N88°26'35"W 1000.00N01°40'27"E 192.00 N88°26'35"W 299.77N01°33'25"E 167.00 S88°26'35"E 100.00N01°33'25"E 150.00N88°26'35"W 200.00N01°33'25"E 150.00 12BLOCK 1OUTLOT APARCEL AREA TABLEPARCELB1-L1B1-L2OUTLOT AROWTOTALAREA SF221,39036,19615,9515,371278,909AREA AC5.080.830.370.126.405NYE ADDITION PRELIMINARY / FINAL PLAT SUBMITTAL PRELIMINARY PLAT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION512LEGEND:DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:Being 6 feet in width and adjoining lot lines and 10 feet inwidth and adjoining right of way lines, unless otherwiseindicated on the plat.NOT TO SCALE 12431891010111245638TAKOMA TRAIL41WOOD DUC K L AN E 63RD STREET12BLOCK 1OUTLOT A6NYE ADDITION PRELIMINARY / FINAL PLAT SUBMITTAL SITE PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION612LEGEND:TYPICAL LOT DETAILSITE PLAN DATA:LOT DATA TABLE65' x 65' MINIMUM PADWETLAND SUMMARYWETLAND BUFFER CALCULATION 12431891010111245638TAKOMA TRAIL41WOOD DUC K L AN E 63RD STREET12BLOCK 1OUTLOT AW7NYE ADDITION PRELIMINARY / FINAL PLAT SUBMITTAL GRADING AND DRAINAGE PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION712GRADING LEGEND:WGRADING NOTES:DEVELOPER/BUILDER:HOLD DOWN DETAIL SINGLE FAMILY HOMEWALKOUT PAD 12431891010111245638TAKOMA TRAIL41WOOD DUC K L AN E 63RD STREET12BLOCK 1OUTLOT AWDNDDNDDNDDNDDND8NYE ADDITION PRELIMINARY / FINAL PLAT SUBMITTAL EROSION AND SEDIMENT CONTROL PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION812VICINITY MAPPROJECT LOCATIONNOTES:LEGEND: DNDACTIVE SWPPP LEGEND / SCHEDULENOTE TO CONTRACTOR:CONSTRUCTION SEQUENCING:SWPPP BMP QUANTITIES (PER PLAN):EROSION CONTROLRESPONSIBLE PARTY: NOTE:ALL SLOPES WITH A GRADE EQUAL TO OR STEEPER THAN 3:1REQUIRE SLOPE TRACKING. SLOPES WITH A GRADE MORE GRADUALTHAN 3:1 REQUIRE SLOPE TRACKING IF THE STABILIZATION METHODIS EROSION CONTROL BLANKET OR HYDROMULCH.UNDISTURBED VEGETATIONTRACKED EQUIPMENTTREADS CREATE GROOVESPERPENDICULAR TO SLOPEDIRECTION.SLOPESLOPE TRACKINGEROSION CONTROL BLANKETINSTALLATIONOVERLAPLONGITUDINAL JOINTSMINIMUM OF 6"OVERLAP END JOINTSMINIMUM OF 6" AND STAPLEOVERLAP AT 1.5' INTERVALS.ANCHOR TRENCH(SEE DETAIL AND NOTES BELOW)ANCHOR TRENCH1. DIG 6" X 6" TRENCH2. LAY BLANKET IN TRENCH3. STAPLE AT 1.5' INTERVALS4. BACKFILL WITH NATURAL SOIL AND COMPACT5. BLANKET LENGTH SHALL NOT EXCEED 100'WITHOUT AN ANCHOR TRENCH6"6"1' TO 3'DIRECTION OFSURFACE FLOWNOTE:SLOPE SURFACE SHALL BE FREE OF ROCKS, SOIL CLUMPS,STICKS, VEHICLE IMPRINTS, AND GRASS. BLANKETS SHALLHAVE GOOD SOIL CONTACT.STAPLE PATTERN/DENSITY SHALLFOLLOW MANUFACTURERSSPECIFICATIONS9NYE ADDITION PRELIMINARY / FINAL PLAT SUBMITTAL EROSION AND SEDIMENT CONTROL NOTES AND DETAILS 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION 912EROSION CONTROL SCHEDULE:FINAL STABILIZATION:EROSION CONTROL GENERAL NOTES:MANAGEMENT MEASURES:SEDIMENT CONTROL PRACTICES:MAINTENANCE PROGRAM:POLLUTION PREVENTIONEROSION AND SEDIMENT CONTROL 24128TAKOMA TRAIL41WOOD DUC K L AN E 12BLOCK 1OUTLOT A128WOOD DUCK LANE 2BLOCK 1Woodduck Lane PROFILE10NYE ADDITION PRELIMINARY / FINAL PLAT SUBMITTAL STREET AND SANITARY PLAN AND PROFILE 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION 1012LEGEND:UTILITY NOTES: 1243189101011124563TAKOMA TRAIL4163RD STREET12BLOCK 1OUTLOT AWW1243189101011124563TAKOMA TRAIL4163RD STREET12BLOCK 1OUTLOT AWW11NYE ADDITION PRELIMINARY / FINAL PLAT SUBMITTAL TREE CANOPY COVERAGE PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION 1112EXISTING CANOPY COVERLEGENDCANOPY CALCULATION 12431891010111245638TAKOMA TRAIL41WOOD DUC K L AN E 63RD STREET12BLOCK 1OUTLOT A12431891010111245638TAKOMA TRAIL41WOOD DUC K L AN E 63RD STREET12BLOCK 1OUTLOT AWWW12NYE ADDITION PRELIMINARY / FINAL PLAT SUBMITTAL LANDSCAPE PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION1212SEED PLANTING NOTESPLANTING NOTESLANDSCAPE REQUIREMENTSLEGEND CITY OF CHANHASSEN STATE OF MINNESOTA) (ss COTINTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on April 23,2020, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice of Public hearing to consider a request for approval for the subdivision of 6.4 acres into two single- family lots with variances for property located at 1641 W. 63'd Street (Nye Addition); Zoned Single-Famity Residential (RSF)' Planning Case File No. 2020-06 to the persons named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses ofsuch owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. Kim Meuwissen, De k Subscribed and swom to belore me thi#dayofAo,l t ,zozo JEA'{ M (Seal) lhry htlo.l ilte.da Notary Publi (*eEr.fr l,&b AFFIDAVIT OF MAILING NOTICE Dbclrlmer This map is neither a legally ecorded map nor a survey and is not intended to tre used as one. ihis map is a compilatlon of records, information and data located in various city, countv. state and federal ofrces and olhe, sources regardrng the area shown. and is to be used lor reierence purposes only The Cry does nol wanant thal the Geographrc lnformatron System (GlS) Data used to prepare this map are enor free and the City does not represeni that the Gls oala can be used for navigatjonal, tracking or any olher purpoae .equinng exactng measuGment of distance or directon or preosion in the depiction of geographic features. The pr€{eding disclaimer is provided pu6uanl to Minnesob Statutes 5466 03. Subd 21 (2000), and the us€r of this map actnowledges that the city shall not be liable for any damages, and exptessly waaves all claims and agrees to defend. indemnify. and hold hamless the City from any and allclaims brought bt User, its employees or agents. or third parties which arise out ot the use/s access or use of data provided tTAX NAMEI (TAX_ADO-Ll ) <TAX-ADD-L2tr rNext RecordrrTAX-NAilEr ITAX_ADD_L1l ITAX_ADD_L2r, Subject Parcel Dbclalnre, mis map as nerther a lelally re@rded map nor a survey and is not rnlended to be used as one This map is a @mpilation ot records, infomalion and data located in various city. counlv. stale ancl lederalofrces and olher sour@s regardlng the area shown. and is to be ufu for reference purposes only The Crty does not wanant that lhe Geographic lnformetron System (GlS) Data used to prepsre this map are eror f.ee and the Crty does not represenl that the Gls Data can be used for nav€atjonal, facking or any other purpoie requinng exactng measuremenl of distance or darcdion or precisaofl in the depictaon of geographic features The peceding disclaimer is provided pu6uant to Minnesota Statutes 5466 03. Subd. 21 (2000), and lhe user of this map acknowledges thal the Crty shall not be liable to. any damages, and expressly waives all claims and agrees lo defend, indemnify, and hold harmless the City from any and all daims bought by user, rts employees or agenls, or third parlies which anse out of lhe users access or use of dala providecl. Subject Parcel I Er_drtjr" I I ."- q e. 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Although we recognize the right of property owners to sell and develop their land, we are concerned with the scope and impact that apotential development of Nye's property at 164l West 63'd Street could have on the West 63'd Street neighborhood, especially in relation to the following: A. Access to any potential development; and B. Potential demolition of the wooded areas on the property. A.)The West 63'd Street neighborhood respectfully requests that access to any potential development that consists of more than2 homes be from Yosemite Avenue or from Wood Duck Lane and not from West 63'd Street due to the following concems: 1) West 63rd Street is already a heavily traveled street with confirmed traffic coming from Audubon Circle, Blue Jay Circle, Cardinal Avenue, Ringneck Drive and Lake Lucy Road, as well as vehicles that take West 63'd Street to cut through to Galpin Boulevard and to Highway 7. (Please see attached map.) In fact, in20l8 the city denied the West 63'd Street neighborhood's request to hold the annual neighborhood National Night Out/ Night to Unite gathering on West 63'd Street for safety reasons due to the large amount of traffic that exists on this road. Both the congestion and speed of traffic are also a safety hazard for the many young children that currently live on West 63'd Street. 2) If access to a new development is allowed from West 63'd Street, the additional homeowners' cars, visitors' vehicles, garbage trucks, delivery trucks, and school buses would add to the heavy traffic load that already exists on West 63'd Street. Development of the property at 164l West 63'd Street would be the perfect opportunify to decrease the traffic congestion that currently exists on West 63'd Street. 3) The current driveway for the Nye's properfy is unsuitable to become an access road for a potential development of more than two homes due to significant safety 4) s) 6) concerns. First, the intersection of Audubon Circle and West 63'd Street is just a few feet from Nye's driveway. Second, Nye's driveway, the intersection of West 63'd Street with Audubon Circle, and the driveway of 1630 West 63rd Street all sit within feet of each other at the top of a hill. Access at the top of this hill is already dangerous due to the poor visibility of high speed traffic coming from both directions. Tuming Nye's residential driveway into an access road for a potential development will create an increased risk of accidents. The Nye's driveway on West 63rd Street is also unsuitable for an access road because the headlights of the large number of vehicles that would be coming and going to a potential development would shine directly into the windows of 1630 West 63rd Street. There would also be a risk of vehicles sliding into the residence at 1630 West 63rd Street from such an access road during the winter because of the significant slope from the Nye property to the street. During the slippery conditions of winter, traveling eastbound on West 63rd Street is dangerous due to the steep downward slope toward the intersection with Yosemite Avenue. Additional traffic coming and going on West 63rd Street creates an increased risk for accidents. West 63rd Street is considered a "residential" street at 31 feet wide from curb to curb, versus a'ocollector" road like Yosemite Avenue which is 36 feet wide from curb to curb. As a "collector" road, Yosemite Avenue is better suited to handle the heavy construction vehicles and equipment that will be coming and going during development. 7) In2003 Barbara Solum, owner of 1630 West 63rd Street, was told that City of Chanhassen staff would recommend that access to any future development of Nye's properly would not be through West 63rd Street, but rather through Yosemite Avenue for emergency management purposes. 8) The parcel of Nye's property facing West 63rd Street would create a perfect 100-foot lot for a single-family home because it would be of comparable size to all of the other lots on West 63rd Street and because all utilities would be accessible to this potential lot, creating ease in hook-ups. B.) Our second concem is the significant impact that a potential development of 1641 West 63'd Street could have on the wooded area behind the home at 1681 West 63'd Street. The neighbors on West 63'd Street chose to live on this street rather than in a new development due to the character of the neighborhood with its wooded areas and mature trees. Although trees may be considered a "renewable resource," their destruction completely transforms the nafure of the neighborhood, removing much of its charm and character, for decades. In conclusion, we respectfully request that the city direct access to any potential development of the properfy at 164l West 63'd Street that consists of more than two homes to be from the south. We also respectfully request that the city protect the woods on the developable portions of the properfy. Thank you, The neighborhood of West 63'd Street c:.s-tilri,t- l\i;i..'r, ..,',-)a'1;.,...r.-,.', ii,-,'. I ,i (,.i .',i j:\,.' \-,.,'-iJ.," I i l\,'. I \ \'- \. \ t\ I i',, i /n u, q-t2z//4 /b )dobt /ara ,r" 6sa 5; /', '4il*4b,.6sd 5z- 6t-to l-7 ( b)""5,G,,4". ( )n'Y4 .-<4.l,.L /-,/,1 l:,t,t) I I cD\-J /?A) fftnrr,^e(-{L W,u,.,-^\Lkc"4)fiL t7{o Kiwrt,irL Dr etb'i;r 'alN 5t3s7 UTICB\ur..t- [.,*C-r :r MtJ ss:sl 9533 t sts s/ ([ C-oV-),'r.a.-l:-t\3? r /"' --crrt S-cararu /8cO tr-.,,..g.< b0,, LXe6l-src,t-, ;.,(,-i b-{331 K"".r SPil r( VDc 7 c l-.. S; L LJo^-r-..\/3 t- ,(,/.rc:c- k yzr, €)ce /-sto4 /.t ,tJ s5-=lf I /K,,UN ss-zri,Ol {\ ,.h 'L/,br--'"/ i4o DtC 4A,uuv.n,i 3!{ar1 55?.t'l I -a ,fi ' /^ trtt f (:l4a* ,i { ytf-',/ ) Jj t \/vnr-I o tr db,..( [ i i] / h, tt(t rl ldL l'4 q> -tAqlVt ( \' t ;*-tr r iJr-D^ / tr,l,i ) /l //-ri^9.,"'7'='; \ '7 3o V G3"( rV2lU T'l; . k /GzI t'l ktrJ a/€u, " / s,'or tt'l a') Al-Jaff, Sharmeen From: Woody Love <woody@woodylove.com> Sent: Friday, March 27, 2020 3:09 PM To: Al-Jaff, Sharmeen Cc:Mark Rausch; CenturyLink Customer; Tim Keane Subject: 63rd Sharmeen I have talked with Mark. As applicant, we are aware that we are submitting early. Further, we are aware that any time periods, specifically the 60 day rule, does not begin until the application deadline of April 3, 2020 Please contact me with any need for further clarification. Woody Love 612.695.3001 Sent from my Sprint Samsung Galaxy Note10+. 1 210179v2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NYE ADDITION DEVELOPMENT CONTRACT (Developer Installed Improvements) 210179v2 i TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL ............................................................................ SP-1 2. CONDITIONS OF PLAT APPROVAL ........................................................................ SP-1 3. DEVELOPMENT PLANS ............................................................................................ SP-1 4. IMPROVEMENTS ........................................................................................................ SP-2 5. TIME OF PERFORMANCE ......................................................................................... SP-2 6. SECURITY .................................................................................................................... SP-2 7. NOTICE ......................................................................................................................... SP-3 8. OTHER SPECIAL CONDITIONS................................................................................ SP-3 9. GENERAL CONDITIONS ........................................................................................... SP-5 GENERAL CONDITIONS 1. RIGHT TO PROCEED ................................................................................................. GC-1 2. PHASED DEVELOPMENT ........................................................................................ GC-1 3. PRELIMINARY PLAT STATUS ................................................................................ GC-1 4. CHANGES IN OFFICIAL CONTROLS ..................................................................... GC-1 5. IMPROVEMENTS ....................................................................................................... GC-1 6. IRON MONUMENTS .................................................................................................. GC-2 7. LICENSE ...................................................................................................................... GC-2 8. SITE EROSION AND SEDIMENT CONTROL ......................................................... GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING ......................................................................................... GC-2 9. CLEAN UP ................................................................................................................... GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-3 11. CLAIMS ....................................................................................................................... GC-3 12. PARK DEDICATION .................................................................................................. GC-3 13. LANDSCAPING .......................................................................................................... GC-3 14. WARRANTY ............................................................................................................... GC-4 15. LOT PLANS ................................................................................................................. GC-4 16. EXISTING ASSESSMENTS ....................................................................................... GC-4 17. HOOK-UP CHARGES ................................................................................................. GC-4 18. PUBLIC STREET LIGHTING..................................................................................... GC-4 19. SIGNAGE ..................................................................................................................... GC-5 20. HOUSE PADS .............................................................................................................. GC-5 21. RESPONSIBILITY FOR COSTS ................................................................................ GC-5 22. DEVELOPER'S DEFAULT ......................................................................................... GC-6 22. MISCELLANEOUS A. Construction Trailers ........................................................................................ GC-6 B. Postal Service .................................................................................................... GC-7 C. Third Parties ...................................................................................................... GC-7 D. Breach of Contract ............................................................................................ GC-7 210179v2 ii E. Severability ....................................................................................................... GC-7 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 210179v2 SP-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) NYE ADDITION SPECIAL PROVISIONS AGREEMENT dated May 26th, 2020 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City") and ANN B. NYE, TRUSTEE, OR HER SUCCESSOR IN INTEREST, OF THE ANN NYE REVOCABLE TRUST DATED MAY 16, 2014, AND ANY AMENDMENTS THERETO (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Nye Addition (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 5/26/2020, prepared by Alliant Engineering, Inc. Plan B: Grading, Drainage and Erosion Control Plan dated 3/27/2020, prepared by Alliant Engineering, Inc. Plan C: Plans and Specifications for Improvements dated 3/27/2020, prepared by Alliant Engineering, Inc. Plan D: Landscape Plan dated 3/27/2020, prepared by Alliant Engineering, Inc. 210179v2 SP-2 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. 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, 2020. 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 $63,759.08. The amount of the security was calculated as 110% of the following: Site Grading/Erosion Control/Restoration/Landscaping $ 11,479.55 Sanitary Sewer $ 19,308.30 Watermain $ 1,121.00 Streets $ 22,261.99 Sub-total, Construction Costs $ 54,170.84 Engineering, surveying, and inspection (7% of construction costs) $ 3,791.96 Sub-total, Other Costs $ 3,791.96 TOTAL COST OF PUBLIC IMPROVEMENTS $ 57,962.80 SECURITY AMOUNT (110% of 57,962.80) $ 63,759.08 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security 210179v2 SP-3 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: Ann B. Nye 1641 63rd Street West Chanhassen, MN 55331 Email: annnye@q.com Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. FEES 1. Prior to release of the plat for recording and prior to scheduling a pre-construction meeting, Developer shall submit to the City $63,759.08 for the following City fees: Administration fee (based on estimated construction cost of $54,170.84, 3.0% for the first $500,000) $ 1,625.13 GIS fee: 2 parcels @ $10/parcel + $25 for the plat $ 45.00 Partial payment of City sewer and water hookup fees: 1 unit @ $691/unit (sewer) + $2,392/unit (water) $ 3,083.00 Park Fee $ 5,800.00 Attorney Fee for Review and Recording of Plat and DC $ 450.00 Surface Water Management Fee $ 3,158.28 Total $14,161.41 B. CONDITIONS OF APPROVAL Engineering: 1. Private fencing extending into the public right-of-way or into the proposed subdivision shall be removed. Continued coordination with all affected property owners shall be the responsibility of the developer. 210179v2 SP-4 2. The developer shall abandon all existing wells in accordance with all federal, state and local regulatory agencies’ standards, and obtain all necessary permits for said abandonments prior to building permits being issued. Prior to commencement of abandonment activities, a copy of all required permits from the appropriate regulatory agencies shall be provided to the city. 3. The applicant shall dedicate public right-of-way adequate for a 50-foot wide corridor for the possible future extension of Wood Duck Lane prior to recording of final plat. 4. Outlot A shall encompass the delineated wetland and also encompass the appropriate buffer determined by the Riley Purgatory Bluff Creek Watershed prior to recording of final plat. 5. The developer shall reconstruct the temporary cul-de-sac located at the end of Wood Duck Lane in accordance with city Standard Specifications and Detail Plates, subject to review and approval by the city. The extension shall be owned and maintained by the city after acceptance of the public improvements by the City Council. 6. All retaining walls exceeding 4’ in height shall have plans and details prepared by a registered engineer prior to issuance of a Notice to Proceed. 7. The developer shall extend the existing public sanitary sewer main within Wood Duck Lane right-of-way. All extended sanitary sewer mains shall be public sanitary sewer mains, owned and maintained by the city after acceptance of the public improvements by the City Council. 8. The developer or their contractor shall schedule an inspection of the existing manhole in which the extension is to be had from (MH 04-110) to ensure it is in good condition and meets city standards. Any required repairs will be the responsibility of the developer. 9. The developer’s contractor shall schedule a preconstruction meeting with Engineering and Public Works Utilities prior to the commencement of any work to the sanitary sewer main extension. 10. All conditions, comments, and applicable permits required by the Riley Purgatory Bluff Creek Watershed District shall be adhered to. Construction Plan Review: 1. On sheet 3 of 12: for clarity add a note referencing where erosion and sediment control details can be found (currently sheet 9 of 12). 2. On sheet 6 of 12: for clarity, call out water and sanitary services to Lot 2 along with separation requirements; update buffer strip widths according to RPBCWD rules and regulations and the “Wetland Buffer Calculation” table, reflect changes throughout plan 210179v2 SP-5 set and final plat; relocate temporary barricade approximately 30 feet east in order to accommodate snow storage; remove second temporary barricade located at approximately station 3+00. 3. On sheet 7 of 12: note 6 of the “Grading Notes” requires a rock construction entrance, in accordance with city standards, however no construction entrance is illustrated on the plans, update accordingly; note 10 shall be updated to include 48 hour notification prior to dewatering and approval of a dewatering plan by the city’s Water Resources Coordinator; the “Hold Down Detail Single Family Home” does not appear to be site specific, update accordingly. 4. On sheet 8 of 12: update plans to include double BMPs up-gradient of the wetland; illustrate locations of all construction entrances for clarity; illustrate location of “temporary parking and storage area”; update note referencing “install inlet protection on downstream inlets” to include the intersections, or, show inset of catch basins to be protected, for clarity; update SWPPP BMP quantities “topsoil respreads area/volume”; under “Notes to Contractor” remove reference to “the city” for transfer of erosion control responsibilities, this will remain the contractors responsibility throughout the life of the project; update legend for the erosion control blanket to call out type (MnDOT Cat. 3). 5. On sheet 9 of 12: update details to include tree protection as called out under “Erosion Control General Notes 9.”; note 10 and note 1 of “Erosion Control General Notes” and “Erosion Control Schedule”, respectively, shall include language to schedule initial inspection with the city and provide the appropriate contact information; if the site will include a portable restroom update the “Pollution Prevention Management Measures” accordingly. 6. On sheet 10 of 12: note 2 shall include language expressing the need for a preconstruction meeting with the city prior to commencement of construction activities; note 6 shall be updated to allow for 48 hours notice; note 9 shall be updated to reflect PVC/PEX water services in accordance with detail 1006 as type “k” copper is no longer allowed; as the temporary cul-de-sac detail has been modified ensure call-outs and notes clearly indicate the areas requiring full depth street construction; it is highly recommended that the slope of the sanitary sewer allows for better constructability as it is currently proposed at the minimum slope, staff recommends 0.50%; begin stationing on sheet or clearly indicate where station 0+00 is located; where the dead-end sanitary manhole is installed, extend embankment further east to allow for proper maintenance as plans currently illustrate a - 28.00% slope immediately following casting. 7. On sheet 12 of 12: extend wetland buffer seed mix to edge of existing property line. Parks: 1. Full park fees in lieu of parkland dedication and/or trail construction are collected. The Park fees shall be collected in full at the rate in force upon final plat submission and approval. At 210179v2 SP-6 today’s rate, these fees would total $5,800 (1 lot x $5,800 per lot) for the one new lot without an existing home. Environmental Resources Coordinator: 1. Tree preservation fencing must be installed at the edge of grading limits prior to any construction activities. Building Official: 1. Demolition permits must be obtained prior to demolishing any structures on the site. 2. A building permit/plans must be submitted and approved prior to construction. 3. Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. 4. Separate sewer and water services must be provided for each lot. Planning: 1. An escrow of 110% of the estimated removal cost of the existing accessory structure on Lot 2 shall be posted with the city prior to recording of the final plat. The accessory structure must be removed within four months of the approval of the final plat. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. [Remainder of page intentionally left blank. Signature pages follow.] 210179v2 SP-7 CITY: CITY OF CHANHASSEN BY: Elise Ryan, Mayor (SEAL) AND: Todd Gerhardt, City Manager STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2020, by Elise Ryan, 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 210179v2 SP-8 DEVELOPER: ANN B. NYE, TRUSTEE, OR HER SUCCESSOR IN INTEREST, OF THE ANN NYE REVOCABLE TRUST DATED MAY 16, 2014, AND ANY AMENDMENTS THERETO BY: Ann B. Nye, Trustee STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2020, by Ann B. Nye, Trustee, or her successor in interest, of the Ann Nye Revocable Trust dated May 16, 2014, and any amendments thereto, on behalf of the Trust. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 210179v2 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Lot 3, Block 1, LENVILLA ESTATES, Carver County, Minnesota. 210179v2 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT MIN: 1001963-9900330136-1 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for the Lender WELLS FARGO BANK, N.A., its successors and assigns, which holds a mortgage on all or part of the property more particularly described in the foregoing Development Contract, which mortgage is dated December 21, 2012, and recorded January 3, 2013, as Document No. A568943 with the office of the County Recorder for Carver County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Development Contract. Dated this _____ day of ____________, 2020. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. By: _______________________________________ [print name] Its: [title] STATE OF ______________ ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of ______________, 2020, by ____________________________ the _______________________ of Mortgage Electronic Registration Systems, Inc., a Delaware corporation, by authority from its board of directors, and that s/he acknowledged the instrument to be the free act and deed of the corporation. ________________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 210179v2 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 ______________________________ 210179v2 GC-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title’s Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding 210179v2 GC-2 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. 210179v2 GC-3 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 (2½) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1st. Upon expiration of the time period, 210179v2 GC-4 inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 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 210179v2 GC-5 signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as-built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2½%) of construction costs for the first $1,000,000 and one and one-half percent (1½%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees 210179v2 GC-6 for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City’s base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. 210179v2 GC-7 C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer’s obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City’s failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property . After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 210179v2 GC-8 J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. 210179v2 GC-9 P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading 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 210179v2 GC-10 no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. The Developer, the Developer’s contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer’s telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11”x17” reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2) two complete full-size sets of blue 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