CC Staff Report 6-22-20CITY COUNCIL STAFF REPORT
Monday, June 22, 2020
Subject Approve Final Plat, Development Contract and Construction Plans and Specifications with
Variances for Boylan Shores
Section CONSENT AGENDA Item No: D.5.
Prepared By Sharmeen AlJaff, Senior Planner File No: Planning Case No. 201917
PROPOSED MOTION
“The City Council grants approval of the final plat for Boylan Shores as shown in plans stamped “Received May 22,
2020,” subject to the Conditions of Approval in the staff report; and
The City Council grants approval of the Development Contract for Boylan Shores; and
The City Council grants approval of the construction plans for Boylan Shores subject to the Conditions of Approval
in the staff report.”
Approval requires a Simple Majority Vote of members present.
SUMMARY
Final plat approval to replat 2.71 acres into three lots and three outlots, located east of Country Oaks Drive, west of
Lake Minnewashta and is bisected by Minnewashta Parkway. The property is zoned SingleFamily Residential
(RSF). Sewer and water are available to the site. Access to the site is proposed via Country Oaks Drive. The site
is intended to house three singlefamily homes.
BACKGROUND
On January 13, 2020, the Chanhassen City Council adopted the following motion:
Subdivision
“The Chanhassen City Council approves the preliminary plat to subdivide 2.71 acres into three lots and four
outlots, and a variance to allow a private street and lots to be bisected by a public street as shown in plans stamped
“Received November 1, 2019,” subject to Conditions of Approval and adoption of the Findings of Fact and Decision.
DISCUSSION
The applicant is requesting final plat approval to replat 2.71 acres into three lots and three outlots for singlefamily
detached housing.The site is located east of Country Oaks Drive, west of Lake Minnewashta and is bisected by
Minnewashta Parkway.Access to the site is proposed via a private street off of Country Oaks Drive.Sewer and
CITY COUNCIL STAFF REPORTMonday, June 22, 2020SubjectApprove Final Plat, Development Contract and Construction Plans and Specifications withVariances for Boylan ShoresSectionCONSENT AGENDA Item No: D.5.Prepared By Sharmeen AlJaff, Senior Planner File No: Planning Case No. 201917PROPOSED MOTION“The City Council grants approval of the final plat for Boylan Shores as shown in plans stamped “Received May 22,2020,” subject to the Conditions of Approval in the staff report; andThe City Council grants approval of the Development Contract for Boylan Shores; andThe City Council grants approval of the construction plans for Boylan Shores subject to the Conditions of Approvalin the staff report.”Approval requires a Simple Majority Vote of members present.SUMMARYFinal plat approval to replat 2.71 acres into three lots and three outlots, located east of Country Oaks Drive, west ofLake Minnewashta and is bisected by Minnewashta Parkway. The property is zoned SingleFamily Residential(RSF). Sewer and water are available to the site. Access to the site is proposed via Country Oaks Drive. The siteis intended to house three singlefamily homes.BACKGROUNDOn January 13, 2020, the Chanhassen City Council adopted the following motion:Subdivision“The Chanhassen City Council approves the preliminary plat to subdivide 2.71 acres into three lots and fouroutlots, and a variance to allow a private street and lots to be bisected by a public street as shown in plans stamped“Received November 1, 2019,” subject to Conditions of Approval and adoption of the Findings of Fact and Decision.DISCUSSIONThe applicant is requesting final plat approval to replat 2.71 acres into three lots and three outlots for singlefamily
detached housing.The site is located east of Country Oaks Drive, west of Lake Minnewashta and is bisected by
Minnewashta Parkway.Access to the site is proposed via a private street off of Country Oaks Drive.Sewer and
water are available to the site.The property is zoned SingleFamily Residential (RSF) and falls within the Shoreland
Overlay District.
The subdivision request is a relatively straightforward action and staff is recommending approval with conditions.
Staff notes that the proposal is consistent with the Comprehensive Plan and is generally consistent with the Zoning
Ordinance.
RECOMMENDATION
“The City Council grants approval of the final plat for Boylan Shores as shown in plans stamped “Received May 22,
2020,” subject to the Conditions of Approval in the staff report; and
The City Council grants approval of the Development Contract for Boylan Shores; and
The City Council grants approval of the construction plans for Boylan Shores subject to the Conditions of Approval in
the staff report.”
ATTACHMENTS:
Staff Report
Application
Final Plat
Landscape Plan
Construction Plans
Development Contract
MEMORANDUM
CITY OT CIIAI'IIIASSII{
Chanhassen is a Community for Life - Providing for Today and Planning for Tomonow
TO:Todd Gerhardt, City Manager
FROM:Sharmeen Al-Jafl Senior Planner
Erik Henricksen, Project Engineer
DATE: Jtne22,2020
SUBJ:Boylan Shores - Approval of Final Plat, Development Contract, Construction
Plans - Planning Case 2019-17
PROPOSED MOTIONS
"The City Council grants approval ofthe final plat for Boylan Shores as shown in
plans dated "Rec eived May 22,2020", subject to the Conditions of Approval in the
staff report; and
The City Council grants approval ofthe development contract for Boylan Shores; and
The City Council grants approval ofthe construction plans for Boylan Shores."
Approval requires a simple majority vote of City Council present.
PROPOSAL SUMMARY
Final plat approval to replat 2.71 acres
into three lots and three outlots, located
east of Country Oaks Drive, west of
Lake Minnewashta and bisected by
Minnewashta Parkway. The property is
zoned Single-Family Residential, RSF.
Sewer and water are available to the site.
Access to the site is proposed via
Country Oaks Drive. The site is
intended to house three single-family
homes.
Subject Site
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Todd Gerhardt
Boylan Shores
June22,2020
Page 2
BACKGROUND
On January 13,2020, the Chanhassen City Council adopted the following motion:
SUBDIVISI ON
"The Chanhassen City Council approves the preliminary plat to subdivide 2.71 acres into three
lots and four outlots and a variance to allow a private street and lots to be bisected by a public
street as shown in plans stamped "Received November 1, 2019", subject to the following
conditions and adoption ofthe Findings ofFact and Decision:
SUBDIVISION
1. The installation ofa contiguous curb consistent with the Minnewashta Parkway corridor
shall be constructed where the existing driveway access is located (see City Detail Plate
#5203) immediately after the construction entrance at the location has been permanently
removed.
This condition still applies.
2. The applicant shall provide adequate right-of-way (ROW) over the entirety ofthe trail
along the west side of Minnewashta Parkway. This ROW shall aligrr with the newly
subdivided property to the north to ensue continuity and will be reviewed and approved
by the city prior to recording of final plat.
This condition still applies.
3. No additional accesses shall be had off Minnewashta Parkway to serve the newly created
lots.
This condition still applies.
4. Covenants addressing the maintenance and snowplowing operations ofthe private street
shall be filed against all benefiting properties and submiued to the city for review and
approval prior to recording of final plat.
This condition still applies.
5. Grading plans shall be updated to illustrate drainage arrows.
This condition has been met.
6. Appendix B of the Stormwater Management Plan shall be updated to include drainage
arrows illustrating the direction ofdischarge from each sub-catchment.
This condition has been met.
Ensineerins:
7. Updated stormwater modeling verifuing adequate capacity of downstream public
stormwater facilities and conveyance systems shall be provided for review and approval
prior to recording of final plat.
This condition has been met.
8. Plans shall be updated to address Sec. l8-57., P.4, regarding the design ofadequate
drainage facilities for the private street.
This condition has been met
9. An updated SWPPP shall be submitted as plans are finalized, when the contractor and
their sub-contractors are identified, and as other conditions change. Review and approval
ofthe standalone document is required prior to any grading.
This condition still applies.
10. The newly extended 6" C900 water main shall be privately owned and maintained.
This condition has been amended to read "The newly extended 6" C900 water main
shall be publicly owned and maintained."
1 I . Coordination with all small utility companies for the excavation and underground utility
installations shall be maintained by the applicant and their contractor.
This condition has been met.
12. Lot 2's water service shall be had from the newly extended water main; plans shall be
updated accordingly.
This condition has been met.
13. Updated plans shall be submitted as to not create a potential conflict or any crossing of
the sanitary service lateral to Lot I with the newly extended water main.
This condition has been met.
14. The applicant's contractor shall field verify the serviceability of the existing sanitary
sewer service forLot2. This shall be accomplished via CCTV which will be provided to
the city prior to connection of the existing sanitary sewer lateral.
This condition still applies.
15. A Homeowners Association (HOA) encompassing all lots is required, in perpetuity, to
ensure the technical expertise and funding mechanisms for the operation and maintenance
of the private street and stormwaler treatment devices.
This condition still applies.
16. Operation and maintenance of private stormwater BMPs is required in perpetuity. An
operation and maintenance plan must be approved by the Water Resources Coordinator,
or their designee, and recorded against the properties that details the HOA's permanent
Todd Gerhardt
Boylan Shores
Jwe22,2020
Page 3
Todd Gerhardt
Boylan Shores
Jrne22,2020
Page 4
inspection, maintenance, and funding mechanism that ensures stormwater BMPs will
function as desigrred.
This condition still applies.
Construction Plan Review:
1 . On sheet 2 of I 0 : For clarity, remove call-outs associated with curb and gutter removal
or bituminous removal as those are related to the installation ofutilities and are addressed
on subsequent sheets; add to notes associated with removal of structures (e.g. house,
deck, sheds, etc.) that any removal requires a building permit; add to notes that any found
wells, septic, tanks, etc. shall be abandon in accordance with the appropriate state and
local regulations.
This condition has been met.
2. On sheet 3 of l0: Illustrate existing public trail on the preliminary plat to ensure
appropriate ROW dedication; clarifi shoreline area illustrated adjacent to "Outlot C" and
"Outlot D" on preliminary plat; it is unclear if this area is designated as D&U.
This condition has been met.
3. On sheet 4 of 10: Update call-outs for sanitary sewer taps to incorporate "WYE" and not
"SADDLE'; update call-outs for removal and replacement of curb and gutter and
bituminous to identifu the appropriate city detail plate numbers; Note 5 shall be updated
read ". .. shall be PE/PEX" and not copper, (the city speciJications and detail plates are
being updated to incorporate no use ofcopper for water service lalerals; detail plates
and speciJications can be provided upon request); Note 6 should be updated to address
the need for a city Underground Utility Permit (ROW permit); Note 8 conectly addresses
City Code regarding the location ofthe curb stop at the property line, however the plans
illustrate the curb stop at the D&U line, update plans accordingly; Note 9 should be
updated to incorporate the same requirement for water services (painted blue); Note 10
should be updated to incorporate language that tracer while shall meet city specifications,
also the notes are overlaid with another label and are illegible, update accordingly; add a
note to the effect that testing requirements for water main installation shall meet city
requirements and specifications, and that the coordination oftesting (bacteri4 pressure,
etc.) are to be coordinated with the Public Works Utility Department (952-227 -1300).
This condition has been amended to read "Note 8 correctly addresses City Code
regarding the location of the curb stop at the property line, however the plans
illustrate the curb stop at the D&U line, update plans accordingly (locate curb stops
at property line and not D&U line); the sanitary sewer tap and lateral installation
for Lot 3 shall occur prior to the Minnewashta Parkway Rehabilitation in 2021."
4. On sheet 5 of 10: The call-out for the construction of the private drive entrance at
Country Oaks Drive shall include detail plate #5206 which will require the detail sheet to
be updated accordingly; construction ofthe private street and other utilities may encroach
into abutting properties, update the plans to incorporate notes for protection of private
Todd Gerhardt
Boylan Shores
Junre22,2020
Page 5
property and private structures/landscaping or if a temporary construction easement is
required; provide a typical street detail that adequately addresses the 7-ton design
requirement; EOF should be shown, profile details for the EOF and storm pond shall be
provided with elevations, include the OCS within the storm pond detail; either update
Note 1 so that Class 5 RCP is utilized, or eliminate entirely as no RCP is proposed; add
note that an Underground Utility Permit (ROW permit) is required for the connection to
the existing catch basin.
This condition has been met.
5. Onsheet6of 10: Illustrate the locations ofall borings referenced in the geotechnical
report; illustrate drainage arrows for proposed elevations and grades; include in the
legend a detail for the house pad call-outs (G, TF, LL, WO for clarity; show benchmark
location and elevation; include first floor elevations ofbuildings on adjacent lots (i.e. the
lot and building to the south); include existing and proposed elevations at the following
locations - each lot comer, top ofcurb or centerline of roadway at each lot line extension,
center ofproposed driveway at curb, grade at corners of proposed structure.
This condition has been amended to read "Include in the legend a detail for the
house pad call-outs (G (garage floor elevation)' TF (top floor elevation), LL (lowest
level elevation), WO (lowest opening)) for clarity."
6. OnsheetTof l0: Identifo proposed stockpile locations; under the call-out for the silt
fence around pond, direct contractor to sheet l0 for additional notes on installation and
stabilization ofpond; provide detail plate number for construction entrance call-out; all
construction access will be had through one approved construction entrance, thus the silt
fence on the northwest comer ofthe site should be contiguous (no gap), provide a second
phase of the erosion control plan for when the construction access off Minnewashta
Parkways is closed and stabilized per Eirglneering Condition (1.) and the construction
entrance at the northwest comer is active.
This condition has been met.
7. On sheet 10 of l0: Update General Grading Note 9 that haul routes shall be supplied to
the city for review prior to grading and that there will be no hauling during road
restrictions unless reviewed and approved by the city; update General Grading Note 20
that the city's Water Resources Coordinator, or their designee, shall be notified 24-hours
prior to commencement of dewatering activities; update Erosion/Siltation Control Note
1l to eliminate "Contractor shall place Mirafi fabric and gravel over all catch basins...",
if inlet protection is required it should meet the city specifications and detail plates (catch
basin sediment fiap #5302A).
This condition has been met.
Full park fees in lieu ofadditional parkland dedication and/or trail construction shall be
collected as a condition of approval for two of the tlree lots. The park fees will be collected
Parks:
Todd Gerhardt
Boylan Shores
June22,2020
Page 6
in fl l at the rate in force upon final plat submission and approval. Based upon the current
single-family park fee rate of$5,800 per dwelling, the total park fees would be $ 11,600.
This condition still applies.
Environmental Re Coordinator:
No required landscape plantings shown on the approved landscape plan may be planted
on any of the outlots.
This condition has been met.
2. Tree planting requirements on each lot are as follows: Lot 1 : le 1 1 overstory deciduous,
8 evergleens; Lol2: 12 deciduous overstory,5 evergreens; Lot 3: 5 deciduous
overstory, 3 evergreens.
This condition has been modified to read "Tree planting requirements on each lot
are as follows: Lot 1: 11 overstory deciduous, S evergreens; Lot2:.2 deciduous
overstory,5 evergreens; Lot 3: 5 deciduous overstory,3 evergreens."
4. Tree preservation fencing must be installed around trees proposed to be saved prior to
any construction activities.
This condition still applies.
Plannine:
Approvat ofthe subdivision is contingent upon the applicant securing the segment of
prope(y, to allow the applicant to achieve a 30-foot frontage on a public ROW offof
Country Oaks Drive and the City Council approving the transfer of Outlot B of Glendale
Homes Drive Subdivision from the city to the applicant.
This condition still applies.
2. The applicant shall combine Outlot C with Lot 3 and Outlot D with Lot 2."
This condition has been amended to read "Outlots B and C shall not be considered
developable, separate parcels. These outlots may not be used as an association
beachlot. Outlot B may not be sold separately from Lot 3, Block I and Outlot C
may not be sold separately from Lot 2' Block l.
FINAL PLAT
The applicant is requesting final plat approval to replat 2.71 acres into three lots and three outlots
for single-family detached housing. The site is located east of Country Oaks Drive, west of Lake
Minnewashta and bisected by Minnewashta Parkway. Access to the site is proposed via a private
3. Any tree removal on Outlots C or D shall be replaced with 2:l diameter inch trees on the
same outlot.
This condition still applies.
Todd Gerhardt
Boylan Shores
Iune22,2020
Page 7
street offof Country Oaks Drive. Sewer and water are available to the site. The property rs
zoned Single-Family Residential (RSF) and falls within the Shoreland Overlay District.
co$td
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Boyhn shores
The subdivision request is a relatively straightforward action and staffis recommending approval
with conditions.
Staff notes that the proposal is consistent with the Comprehensive Plan and is generally consistent
with the Zoning Ordinance .
SITE CONSTRAINTS
Wetland Proteclion
The City of Chanhassen Wetland Inventory and the National Wetland Inventory do not indicate
the presence of any wetlands on the subject property. A review of historic aerial photographs
and on-site observations supports the conclusion that there are no wetlands on the subject
property.
Bluff Protection
Shoreland Managemenl
The entire site lies within the shoreland district for Lake Minnewashta. The plans comply with
the shoreland regulations.
Floodplain Overlay
This property does not lie within a floodplain.
Lot3, Blod.1 ='
Outlot B
There are no bluffs on the property.
Outlot A i*L-
tot ," Bloc} 1
Lot 2, Blod( I
Outlot C
Todd Gerhardt
Boylan Shores
Jlur:.e22,2020
Page 8
The applicant has provided an existing conditions survey that adequately conforms to the
requirements found under Sec. I 8-40 of City Ordinance. Currently, there is one existing single-
family residence located at 6760 Minnewashta Parkway with a gravel access offof Minnewashta
Parkway. The applicant is proposing to remove the existing structwes from the property along
with abandoning the gravel access as illustrated on the existing conditions survey, which also
incorporates the removal plan. All removal of stnrctures on the property will require a building
permit prior to any demolition work or construction activities. Removal of the access will
require an Underground Utility Permit (ROW permit), including the installation of a contiguous
curb and gutter consistent with the existing Minnewashta Parkway curb and gutter. The
installation of the curb should occur after the construction entrance has been p€rmanently
removed. Coordination between this development and the city's Capital Improvement Project
No. 20-02 (Minnewashta Parkway Rehabilitation) will be ongoing. The construction entrance
may be required to be moved to Country Oaks Drive as a result and as discussed under
*Gradingl' later in this report.
EASEMENTS
The applicant is proposing the dedication of drainage and utility easements (D&Us) for the
subdivision that meet Sec. 18-76. ofCity Ordinance. A majority ofthe lots and outlots are
encompassed by 10-foot D&Us (or larger). The width and size ofthese D&Us are greater than
what is typically dedicated to meet city requirements (side and rear lots typically are 5-foot
D&Us); this is due to the stormwater and drainage infrastructure proposed. As illustrated in
Figure I below, a D&U encompasses "Outlot A" which is proposed to be a private street, and
another D&U encompasses a proposed stormwater bio-filtration basin. All D&Us, as were
illustrated on the preliminary plat, were adequate for their intended purpose. However, D&Us
encompassing the proposed stormwater bio-filtration basin may have to be adjusted pending
updates to the stormwater facilities, as addressed later in this reporl rxrder "Stormwater
Management". As such, the final plat will not be recorded until the storrnwater management
plan is approved.
Bluff Creek Overlay
This property does not lie within the Bluff Creek Overlay District.
EXISTING CONDITIONS SURVEY
Todd Gerhardt
Boylan Shores
Jtne22,2020
Page 9
Figure I - Adequate Drainage and Utility Easements for Street & Stormwater BMP
It appears from the final plat that adequate ROW of Minnewashta Parkway has been dedicated
(50-foot wide ROW existing, 66-foot wide ROW proposed). The applicant shall ensure that
prior to recording offinal plat that the proposed eastem lot lines abutting Minnewashta Parkway
align with the eastem lot line of Glendale Drive Homes' Lot 5, and adequate ROW has been
dedicated for Minnewashta Parkway.
STREETS
The proposed subdivision abuts Minnewashta Parkway to the east and Country Oaks Drive to the
west. Ultimately, access to all three lots are proposed to be had from Country Oaks Drive via the
proposed private street. The Public Works and Engineering Departrnents do not find it
appropriate to construct a public street as one is not required to serve other parcels, improve
access, nor is a street extension in this area called for in the Comprehensive Plan and no longer
feasible. Furthermore, and in conformance with the Comprehensive Plan, no additional accesses
should be had offof collector roadways (i.e. Minnewashta Parkway); the private street will
facilitate this conformance.
The proposed private street has been designed to include an acceptable alternative to a
hammerhead in order to meet Fire Code and City Ordinance regarding dead-end fire apparatus
access road tumarounds. The private street is required to use traffic control that is consistent with
the current version of the Minnesota Manual on Uniform Traffic Control Devices, along with
meeting the criteria listed out in Sec. l8-57.n, o., and p. Sec. 18-57.p.2 includes the requirement
that coverumts conceming maintenance and snow plowing operations shall be filed against all
benefit properties. A similar agreement for maintenance responsibilities between the properties
is addressed under "Stormwater Managemenl" of this report regarding the stormwater BMPS.
The applicant has provided street details along with boring logs ofthe underlying soils below the
private street that indicate the design ofthe road may not meet the 7-ton design requirement of
Sec. 18-57. Due to the underlying existing soils (USCS soil classification of"CL - Lean Clay",
or, as mentioned in the soil boring log, "Organic Lean Clay") and their soil factors, based on the
MnDOT 7-ton flexible pavement desigl methodology, soil corrections and/or a different design
may be required. The applicant shall provide design calculations that meet a 7-ton design for
20 Fe€t Wide
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Todd Gerhardt
Boylan Shores
June22,2020
Page l0
review and approval by the
city and note within the plans
that soil corrections, as
determined by a geotechnical
engineer, may be required
during construction.
The area shaded in green is
intended to be deeded to the
property immediately west of
the subject site in exchange
for a small segment of
property, shown in yellow, to
allow the applicant to achieve
a 30-foot frontage on a public
ROW. In addition, the city
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has agreed to convey a small portion of Outlot B (Glendale Drive Homes) that the city currently
owns to facilitate the private sfeet as there is no beneficial use to the portion being deeded. The
plat may not be recorded until these lot line adjusfrnents are complete.
RETAININ G WALLS
One retaining wall is proposed and is located on Lot 2. As currently proposed, the retaining wall
spans approximately 110 feet and has a maximum height of 3 feet, therefore Sec' 20-1025
(retaining walls) of City Ordinance does not apply. If the retaining wall, measured from bottom
of footing to top of wall, ever exceeds 4 feet through subsequent plan changes or during the
couse of construction, all requirements listed in Sec. 20-1025 must be adhered to.
GRADING & DRAINAGE
Grading operations will impact a large majority of the proposed subdivision (mass grading). It
appears grading has been proposed to route stormwater away from buildings based on the
contours and drainage arrows of the update plans. From the proposed grading plans and the
provided preliminary Stormwater Management Plan (SMP) prepared by David Poggi, PE (MN
No.44573), of Civil Methods, Inc., it appears portions of tot 2 and Lot 3 do not direct
stormwater runoff to the proposed stormwater bio-Iiltration basin: sub'catchment 3 (a portion of
Lot 2) drains south directly onto an adjacent property and sub-catchment 2 (more than half of Lot
3 and a portion of Lot 2) drains east directly onto Minnewashta Parkway, as seen from Figure 2
below.
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Todd Gerhardt
Boylan Shores
Jrne22,2020
Page 1 I
Figure 2 - Drainage Diagram (Arrows Added Based on Model & Grading)
These drainage pattems are generally consistent with the existing drainage conditions, and have
been designed to maintain rate and volume as drainage being directed onto adjacent properties
shall not exceed existing rate and volume. As the applicant is proposing to direct stormwater
drainage into the public storm sewer system, accompanying modeling and analysis was provided
illustrating that the downstream public system is adequately sized.
Lastly, it was unclear how drainage from the private street was intended 10 be captured and
routed to the proposed stormwater bio-hltration basin. This is typically achieved in urbanized
road sections by catch-basins constructed at low points that collect runoff and then route the
stormwater via an underground conveyance system (i.e. pipes), or through the use ofcurb and
gutter. No catch-basin(s) or curb and gufter conveyance system were proposed. However, after
discussion with the applicant's engineer and revisions to the plans, the design will utilize
"controlled" sheet flow achieved by the grading plan to direct stormwater to the constructed
BMP, which has been approved by staff. Still, the applicant should consider constructing curb
and gutter along the south portion ofthe public street to limit a portion ofthe sheet flow that
would traverse across Lot 1, albeit the concept of pre-treating stormwater via large filter strips,
such as vegetation, would be eliminated, requiring the applicant to pretreat by some other means.
The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject
to the General Permit Authorization to Discharge Stormwater Associated with Construction
Activity under the National Pollution Discharge Elimination/State Disposal System (NPDES
Construction Permit). The applicant has prepared and submitted a Stormwater Pollution
Prevention Plan (SWPPP) to the city for review. The SWPPP is a required submittal element for
preliminary and final plat review. No earth disturbing activities may occur until an approved
SWPPP is developed. This SWPPP shall be a standalone document consistent with the NPDES
Construction Permit and shall contain all required elements as listed in the permit. The SWPPP
will need to be updated as the plans are finalized, when the contractor and their sub-contractors
are identified, and as other conditions change. Furthermore, the SWPPP has identified the use of
Minnewashta Parkway for the construction access to the site. With the city's upcoming
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Todd Gerhardt
Boylan Shores
J:une22,2020
Page 12
Minnewashta Parkway Rehabilitation Project, the applicant's contractors shall adhere to any
coordination of construction activities required by the city. This may include that the
construction entrance be relocated to Country Oaks Drive once substantial construction begins
with Project No. 20-02, pending each projects' schedules.
Y SEWER& WA MAINSANIT
Sanitary sewer and water service is available off Minnewashta Parkway and Country Oaks Drive
via a 10" PVC sanitary main and 12" DIP water main, and 8" PVC sanitary main and 6" DIP
water main, respectively.
The applicant is proposing to extend approximately 300 feet of 6" C900 water main with the
extension of the private street. The extended 6" water main is fumished with a fire hydrant at the
end of the line to supply fire suppression needs and to allow for the water main to be flushed and
maintained. It was initially recommended by staff that as the water main is within a private
street that the utility be designated as a private utility. However, as the water main will be
contiguous to the surrounding public water main network, staff now recommends that the water
main be designated as a public utility for the city to own and maintain. As such, this installation
shall be installed in accordance with city standards and specifications. Coordination with the
Public Works Department 48-hours prior to commencement of this work is required. Plans have
been updated to incorporate water services for Lots l, 2 and 3 to be had from the newly installed
water main, as recommended during the preliminary plat review. As the water service hook-up
charge for the existing property has been paid, the hook-up fee for the connection oflot 2 would
be waived.
The applicant is proposing no extension of sanitary sewer mains as existing infrastructure can
supply adequate services to the three lots. The existing lateral for Lot 2 is being proposed for
sanitary service. As this lateral is older and its condition not known, il shall be verified in good
working condition by the contractor prior to connection. Lastly, tapping into the public sanitary
sewer mains within public right-of-way will require a permit. The sanitary sewer tap and lateral
installation for Lot 3 shall occur prior to the Minnewashta Parkway Rehabilitation in202l.
STORMWATER MANAGEMENT
Article VII, Chapter 19 of 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." The applicant has provided a stormwater
management proposal that generally meets the standards set forth in Chapter 19, and was
reviewed to be feasible for the site.
The applicant has submitted a preliminary SMP produced by David Poggi, PE (MN No. 44573),
with Civil Methods, Inc. The applicant proposed treatment of stormwater runoff with the use of
a bio-filtration basin located on the southeast side of Lot l. Based on the information and
Todd Gerhardt
Boylan Shores
|we22,2020
Page 13
analysis provided, this is an acceptable approach that will provide a sufficient level of retention
to meet the volume control requirements and the filtration media proposed will provide sufficient
levels of treatment to meet the quality requirements of the city. However, based on the provided
boring logs groundwater was encountered at an elevation of 967 .5 feet where the stormwater
BMP is being proposed. The bottom ofthe proposed stormwater basin is also at 967.5 feet. In
accordance with the NPDES Construction Permit, there must be a minimum of three feet
between the bottom of a stormwater facility and the groundwater. This will require the applicant
to adjust the BMP's design accordingly to meet the requirement of the permit. The final plat
cannot be recorded until an approved stormwater management plan is provided to ensure
appropriate D&Us encumber the BMP if adjustments are needed. As the design still proposes to
connect the stormwater conveyance from the BMP to the city's catch basin, an underground
utility permit (ROW permit) will be required.
Lastly, the applicant shall provide an operation and maintenance plan (O&M) for the private
stormwater BMPs. The O&M of private stormwater BMPs is required in perpetuity and must be
approved by the Water Resources Coordinator, or their designee, to be recorded against the
benefrting properties (Lots 1-3). A Homeowners Association (HOA) encompassing all lots is
required to ensure the technical expertise and firnding mechanisms for the operation and
maintenance of stormwater treatment devices is recorded in perpetuity.
Section 4-30 of City Code sets out the fees associated with surface water management. A water
quality and water quantity fee is collected with a subdivision. These fees are based on land use
type and are intended to reflect the fact that the more intense the development type, the greater
the degradation of surface water.
This fee will be applied to the new lots of record being created. The 2020 estimate is calculated
as shown in the table below:
AREA ACRES FEE
GROSS AREA s8,490 2.'71 $ 23,007.90
s8.490 0.06 s (509.40)
OUTLOTS s8.490 0.75 $ (6,367.50)
NET AREA 1.9 5 16,13t.00
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 2020 rates are $2,392lunit and $691/unit for water
and sewer, respectively. The remaining sewer and water hookups fees are due with the building
permit.
STORMWATER UTILITY CONNECTION CHARGES
SURFACE
WATER
DEVELOPMENT
FEE
PER ACRE FEE
ROW
Todd Gerhardt
Boylan Shores
June22,2020
Page 14
FEES
Based on the proposal, the following fees would be collected with the Development Contract:
a) Administration Fee: Based on the cost of the installation of improvements (to be
provided by the applicant); when less than $500,000.00, three percent (370) of the cost:
$4.962.41 @ased on an estimated cost of improvements of $165,413'50)
b) Surface Water Management Fee: $16.13l '00
c) A portion of the water hook-up charge: $2,311/wit@2 units: $4.784'00
d) A portion ofthe sanitary sewer hook-up charge: $691/unit@2 unir: $1.382.00
e) Park Dedication Fee: $11.600.00
f) GIS Fees: $25 forthe plat plus $10 per parcel @ 3 parcels: $55'00
LANDSCAPING & TRE E PRESERVATION
The applicant for the Boylan Shores development has submitted tree canopy coverage and
preservation calculations. They are as follows:
Total upland area (excluding wetlands)
Baseline canopy coverage
Minimum canopy coverage required
Proposed tree preservstion
2.71 ac. or I18,047 SF
58% or 69260 SF
35% or 41316 SF
8.6o/o or 10'152 SF
The developer does not meet minimum canopy coverage for the site, therefore the applicant must
bring the canopy coverage on site up to the 35%o minimum. The difference between the required
coverage and the remaining coverage is multiplied by 1.2 for total area to be replaced. One tree
is valued at 1,089 SF.
Minimum required 41,316 SF
Less canopy preserved 10,152 SF
Minimum canopy coverage to be replaced 3l'164 SF
Multiplied by 1.2 37396 SF
Divided by 1089 =Totat number of trees to be planted 34 trees
The applicant has submitted a landscape plan that meets requirements showing 34 trees to be
planted within the development.
COMPR"EHENSIVE 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 proposed Boylan Shores is wholly located within the
Roundhouse Park neighborhood park service area.
Todd Gerhardt
Boylan Shores
Ilurl.e22,2020
Page 15
Roundhouse Park
features the following
amenities: swimming
beach, playground,
swings, picnic shelter,
fishing pier, tennis court,
four pickleball courts,
basketball court, skating
rink, open play field,
trails and parking area.
COMPREHENSIVE
TRAIL PLAN
The city's
Comprehensive Trail
Plan calls for public
parks to be corurected to
neighborhoods through a
combination of
sidewalks and
trails. The proposed
Boylan Shores is
connected by sidewalk to Roundhouse Park and the Minnewashta Parkway pedestrian trail. This
existing trail should be protected and maintained in an open condition throughout the subdivision
development and housing construction.
RSF Setbacks: Front: 30 feet, Side: l0 feet
+Parcels served via private street must maintain 100 foot width.
t 7
.-.A\
I
Lot Area
(sq. ft.)
Lot
width
Lot
Depth
25 ToMaximum Site
Coveraqe (sq. ft.)
Code (RSF)15,000 90 125 3,750
Lot I 3l ,043 133 7,760.75
Lot2 20,082 100 270 5,020.5
Lot 3 21,128 90 2s8 5,282
Outlot A 1,328
Outlot B 11,497
Outlot C 10,448
Outlot D 9.442
Total 104,965
COMPLIANCE TABLE
//a
193*
Todd Gerhardt
Boylan Shores
!,xe22,2020
Page 16
RECO MENDA
Staff recommends that the City Council adopt the following motion:
,.The Chanhassen City Council approves the final plat to subdivide 2.71 acres into three lots and
three outlots and a variance to allow a private sEeet as shown in plans stamped "Received
May 22,2020", subject to the following conditions:
SUBDIVISION
Engineerine:
The installation of a contiguous curb consistent with the Minnewashta Parkway corridor
shall be constructed where the existing driveway access is located (see City Detail Plate
#5203) immediately after the construction entrance at the location has been permanently
removed.
2. The applicant shall provide adequate right-of-way (ROW) over the entirety ofthe trail
along the west side of Minnewashta Parkway. This ROW shall align with the newly
subdivided property to the north to ensure continuity and will be reviewed and approved
by the city prior to recording of final plat.
3. No additional accesses shall be had off Minnewashta Parkway to serve the newly created
lots.
4. Covenants addressing the maintenance and snowplowing operations of the private street
shall be filed against all benefiting properties and submitted to the city for review and
approval prior to recording of final plat.
5. An updated SWPPP shall be submitted as plans are finalized, when the contractor and
their iub.contractors are identified, and as other conditions change. Review and approval
ofthe standalone document is required prior to any grading'
6. The newly extended 6" C900 water main shall be publicly owned and maintained.
7. The applicant's contractor shall field veriff the serviceability of the existing sanitary
sewei iervice for Lot 2. This shall be accomplished via CCTV which will be provided to
the city prior to connection of the existing sanitary sewer lateral.
8. A Homeowners Association (HOA) encompassing all lots is required, in perpetuity, to
ensure the technical expertise and funding mechanisms for the operation and maintenance
ofthe private street and stormwater treatment devices.
Todd Gerhardt
Boylan Shores
Iwe22,2020
Page 17
9. Operation and mahtenance of private stormwater BMPs is required in pelpetuity. An
operation and maintenance plan must be approved by the Water Resources Coordinator,
or their designee, and recorded against the properties that details the HOA's permanent
inspection, maintenance, and funding mechanism that ensures stormwater BMPS will
function as designed.
10. A stormwater management plan shall be reviewed and approved prior to recording of the
final plat. This is to ensure the stormwater management BMPs will adequately be
encompassed by drainage and utility easements rccorded with the final plat.
11. The applicant's contractors shall adhere to any coordination of construction activities
required by the city as Capital Improvement Project No. 20-02 (Minnewashta Parkway
Rehabilitation) is scheduled to occur adjacent to the property in 2021.
12. The applicant shall provide design calculations that meet a 7-ton desigr for review and
approval by the city prior to approval of construction plans.
13. The provided stormwater model shall be updated to correctly identiry the appropriate
pipe type (HDPE not RCP) for the primary routing device (Device #l) of Pond 2P.
Full park fees in lieu of additional parkland dedication and/or trail constnrction shall be
collected as a condition of approval for two ofthe three lots. The park fees will be collected
in flrll at the rate in force upon final plat submission and approval. Based upon the cunent
single-family park fee rate of$5,800 per dwelling, the total park fees would be $ 11,600.
Enviro tal Resources Coordi nator
Tree planting requirements on each lot are as follows: Lot 1: I I overstory deciduous, 8
evergreens; Lot2: 2 deciduous overstory, 5 evergreens; Lot 3: 5 deciduous overstory, 3
evergreens.
2. Any tree removal on Outlots C or D shall be replaced with 2: I diameter inch trees on the
same outlot.
3. Tree preservation fencing must be installed around trees proposed to be saved prior to
any construction activities.
Parks:
14. The final plat will not be recorded until all conveyance of real property to achieve the layout of
Outlot A is secured as reflected in the final plat dated May 22,2020. This includes conveyance of
a portion of Outlot B (Glendale Drive Homes Subdivision) owned by the city and a portion of
property owned by Lot l, Block 2 Country Oaks.
Todd Gerhardt
Boylan Shores
Jluu:,e22,2020
Page 18
Planning:
I . Approval of the subdivision is contingent upon the applicant securing the segment of
property, to allow the applicant to achieve a 30-foot frontage on a public ROW offof
Country Oaks Drive, and the City Council approving the transfer of Outlot B of Glendale
Homes Drive SuMivision from the city to the applicant.
2. Outlots B and C shall not be considered developable separate parcels. These outlots may
not be used as an association beach lot. Outlot B may not be sold separately from Lot 3,
Block 1 and Outlot C may not be sold separately from Lot 2, Block l'"
CONSTRUCTION PLAI\S
The City Council approves the Construction Plans for Boylan Shores with the following
conditions:
On sheet 2 of l0: All existing utilities, both public and private, shall be shown on the
existing conditions plans (e.g. the public storm sewer is not shown extending northeast
along and under Minnewashta Parkway) to avoid conflicts with existing and proposed
utilities; a note shall be added to the affect that erosion and sediment control BMPs shall
be installed prior to removal and to direct the plan holder that the SWPPP is on sheet 7 of
10.
2. On sheet 4 of 10: Note 8 conectly addresses City Code regarding the location ofthe curb
stop at the property line, however the plans illustrate the curb stop at the D&U line'
update plans accordingly (locate curb stops at property line and not D&U line); the
sanitary sewer tap and lateral installation for Lot 3 shall occur prior to the Minnewashta
Parkway Rehabilitation in 2021; the plan sheets should be updated to show the full
extents ofthe property as depicted by the plat (e.g. the northwest comer does not extend
to the property lines); the plan sheets should be updated to correctly illustrate the
drainage and utility easements on Outlots as reflected on the final plat; Lot 3's sanitary
sewer service WYE should be updated to 10"x6" to correctly reflect the size of main
being tapped, this tap shall occur prior to the commencement of city Project No. 20'02 in
2021 and should be noted; the call-out and leader for Lot 2 "utilizing existing service"
must be updated to clearly show only one service (sanitary) to remain; as a gate valve at
the wet tap will be required for proper installation, no additional gate valves shall be
located within the curb at Country Oaks Drive, as illustrated;
3. On sheet 5 of 10: Add call-out or note for where the contractor can find the detail for the
street construction, for clarity; the plans illustrate draintile to be installed undemeath the
12- HDPE inlet pipe that connects to the outlet control stnrcture and should be adjusted
around the inlet pipe for constnrctability and future maintenance needs; the profile shows
the connection to the existing catch basin within Minnewashta Parkway, update profile
call-outs to identifo existing catch basin type (2'x3'), and ensure feasibility of
Todd Gerhardt
Boylan Shores
Iure22,2020
Page 19
connection; the storm manhole immediately upstream ofthe existing catch basin shall be
relocated wholly outside public right-of-way; the bioretention trench detail shall be
updated to include an impermeable liner around the BMP; the bioretention trench detail
illustrates one foot of filter media while the stormwater management report calls out 1 8"
to meet filtration requiremenls, plans shall be updated accordingly; the bioretention
trench detail shall include elevations (e.g. as proposed the bottom ofthe ponded volume
would be 967.5')
4. On sheet 6 of 10: Include in the legend a detail for the house pad call-outs (G (garage
floor elevation), TF (top floor elevation), LL (lowest level elevation), WO (lowest
opening)) for clarity; add note that silt fence around pond after grading shall be installed,
reference SWPPP sheet, for clarity.
5 . On sheet 7 of I 0 : Plans shall be updated once a contractor and the erosion control
installer is known; silt fence shall be adjusted to achieve "J-hooks" at construction
entrance; illustrate construction entrance behind trail as trail is to remain open at all
times; add note that the trail shall be cleaned/maintained to the maximum extent
practicable; add note that when city Project No. 20-02 (Minnewashta Parkway
Rehabilitation) begins the contractor shall adhere to any coordination ofconstruction
activities required by the city; add call-outs for "construction traffic ahead" signage along
trail warning pedestrians of the construction entrance.
6. On sheet 8 of l0: It is difficult to easily identifr tree call-outs and locations on the plans
due to the colored image, update accordingly to achieve clarity.
7. On sheet 9 of 10: update call-out for topsoil to eliminate "mulch & disc anchor" due to
the proximity to the lake and add "hydro-mulch" instead; illustrate both side slopes of
road embankment to be 27o towards road, currently only the "right" side is called out, for
clarity.
8. On sheet L-l "Landscape Plan": All trees located over storm sewer pipe or other storm
sewer appurtenances shall be relocated to eliminate any conflicts (i.e. trees shall not be
located over storm water PiPe).
DE VELOPMENT CONTRACT
The City Council approved the Development Contract for Boylan Shores.
ATTACHMENTS
1. DevelopmentReviewApplication.
2. Final Plat Sheets stamped "Receiv ed May 22,2020".
3. DevelopmentContract.
7
COMMUNITY DEVELOPMENT DEPARTMENT
1 Planning Division —7700 Market Boulevard CITY OF CIIAN}L&SSNMailingAddress—P.O. Box 147, Chanhassen, MN 55317 IPhone: (952) 227-1300/Fax: (952) 227-1110
APPLICATION FOR DEVELOPMENT REVIEW
i`
JSubmittalDatip-S( Q / a4-- PC Date: CC Date:(,/ /w 60-Day Review Date:
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
El Conditional Use Permit(CUP) lots)
Single-Family Residence 325 El Metes & Bounds (2 lots) 300
All Others 425 Consolidate Lots 150
Interim Use Permit(IUP)
Lot Line Adjustment 150
In conjunction with Single-Family Residence..$325
E Final Plat 700
Includes $450 escrow for attorney costs)*
425AllOthers 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
El Variance (VAR) 200
El Sign Plan Review 150
Wetland Alteration Permit (WAP)
El Site Plan Review(SPR) El Single-Family Residence 150
El Administrative 100 El All Others 275
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:
CI Zoning Ordinance Amendment(ZOA) 500
Include number of new employees:
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
addresses)
Escrow for Recording Documents (check all that apply) 50 per document
Conditional Use Permit El Interim Use Permit Site Plan Agreement
Vacation Cl Variance Wetland Alteration Permit
Metes & Bounds Subdivision (3 docs.)El Easements ( easements) Deeds
TOTAL FEE: 7 CX)
Section 2: Required Information
Description of Proposal: Three lot residential subdivision
Property Address or Location:6760 Minnewashta Parkway
250051600 See Attached
Parcel#: Legal Description:
Total Acreage: 2.71 Wetlands Present? El Yes ll 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: Single Family Home
Check box if separate narrative is attached.
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: Laketown Builders. LLC. Contact: Harold Worrell
Address:
PO Box 89 Phone: 612) 501-8813
City/State/Zip:
Waconia, MN 55387 Cell: Same
Email: Harold@LaketownBuilders.com Fax:
Signature: r Date: c5/ 2_4efc-r)
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: Dale VVllenbring Contact
Address: PO Box 89 Phone: 952) 715-2926
City/State/Zip:Waconia. MN 55387 Cell:
Email: Dale@LaKe o nrnBuilders.com Fax:
2J}
1 2-Signature: p
I Date: 5
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: Campion Engineering Services Contact: Marty Campion
Address: 1800 Pioneer Creek Center Phone: 763)479-5172
City/State/Zip: Maple Plain, MN 55359 Cell: 763)486-3799
Email: mcampion@campioneng.com Fax:
Section 4: Notification Information
Who should receive copies of staff reports? Other Contact Information:
El Property Owner Via: El Email El Mailed Paper Copy Name:
0 Applicant Via: El Email El Mailed Paper Copy Address:
0 Engineer Via: El Email Mailed Paper Copy City/State/Zip:
El Other* Via: El 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 FOr.. and deliver to city along with required documents and payment. SUBMIT FORA to send a digital
copy to the city for processing.SAVE FORM PRINT FORM I SUBMIT FORM
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: Contact:
Address: Phone:
City/State/Zip: Cell:
Email:Fax:
Signature: Date:
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.
1,/
1.6 Name:
I
s"' b 0 A. (
j
Contact:4 K
Z Address: h31 (o,,,,c al01-1's Utz.—Phone: V) YFLI f° 11
1City/State/Zip: -E cji ,,,A r 'LU' j_5. (Cell:
Email:
j Fax:
ySignat re ,
t A-4\/„....4.1.e (.amu Date: 111y1/ 'f
This appli ion 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: Campion Engineering Services, Inc. Contact: Marty Campion
Address: 1800 Pioneer Creek Center Phone: 763)479-5172
City/State/Zip: Maple Plain, Mn 55359 763)486-3799tYPCell:
Email: mcampion@campioneng.com Fax:
Section 4: Notification Information
Who should receive copies of staff reports? Other Contact Information:
EProperty Owner Via: 0 Email 111Mailed Paper Copy Name: Harold Worrell
Applicant Via: Email Mailed Paper Copy Address:
Engineer Via: E Email Mailed Paper Copy City/State/Zip:
Other* Via: Email Mailed Paper Copy Email:Harold@LaketownBuilders.com
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. 77.1;,7 FORT'!: and deliver to city along with required documents and payment. SUBMIT FORK: to send a digital
copy to the city for processing.
SAVE FORM 1 PRINT FORM SUBMIT FORM
1 10
COVER SHEET
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
PROJECT DIRECTORY
N0°21'14"E 162.50GLENDALE DRIVE
2 10
EXISTING CONDITIONS & REMOVAL
PLAN 19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
N0°21'14"E 162.50GLENDALE DRIVE
3 10
COMPOSITE UTILITY PLAN
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
N0°21'14"E 162.504 10
SANITARY SEWER & WATERMAIN
PLAN 19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
”
”
”
“
”
N0°21'14"E 162.505 10
STREET & STORM SEWER PLAN
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
BIORETENTION TRENCH
BIOFILTER DETAIL
OUTLET CONTROL STRUCTURE
6 10
GRADING PLAN
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
TYP HOUSEPAD DETAIL
EOF PROFILE
” – ”
” – ”
GLENDALE DRIVE
7 10
STORM WATER POLLUTION
PREVENTION PLAN 19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
8 10
TREE INVENTORY / REMOVAL PLAN
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
55,169 SF
3,536 SF
10,596 SF
9 10
DETAILS
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
10 10
DETAILS & NOTES
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
’
’
“”
’
’
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”
1 10
COVER SHEET
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
PROJECT DIRECTORY
N0°21'14"E 162.50GLENDALE DRIVE
2 10
EXISTING CONDITIONS & REMOVAL
PLAN 19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
N0°21'14"E 162.50GLENDALE DRIVE
3 10
COMPOSITE UTILITY PLAN
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
N0°21'14"E 162.504 10
SANITARY SEWER & WATERMAIN
PLAN 19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
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N0°21'14"E 162.505 10
STREET & STORM SEWER PLAN
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
BIORETENTION TRENCH
BIOFILTER DETAIL
OUTLET CONTROL STRUCTURE
6 10
GRADING PLAN
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
TYP HOUSEPAD DETAIL
EOF PROFILE
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GLENDALE DRIVE
7 10
STORM WATER POLLUTION
PREVENTION PLAN 19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
8 10
TREE INVENTORY / REMOVAL PLAN
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
LEGEND
55,169 SF
3,536 SF
10,596 SF
9 10
DETAILS
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
N
10 10
DETAILS & NOTES
19-031
04/17/2020
BOYLAN SHORES
LAKETOWN HOMES
CHANHASSEN, MN
N CAMPION
ENGINEERING
SERVICES, INC.
Civil Engineering Land Planning
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
BOYLAN SHORES
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
i
TABLE OF CONTENTS
SPECIAL PROVISIONS PAGE
1. REQUEST FOR PLAT APPROVAL ............................................................................ SP-1
2. CONDITIONS OF PLAT APPROVAL ........................................................................ SP-1
3. DEVELOPMENT PLANS ............................................................................................ SP-1
4. IMPROVEMENTS ........................................................................................................ SP-2
5. TIME OF PERFORMANCE ......................................................................................... SP-2
6. SECURITY .................................................................................................................... SP-2
7. NOTICE ......................................................................................................................... SP-3
8. OTHER SPECIAL CONDITIONS................................................................................ SP-3
9. GENERAL CONDITIONS ........................................................................................... SP-5
GENERAL CONDITIONS
1. RIGHT TO PROCEED ................................................................................................. GC-1
2. PHASED DEVELOPMENT ........................................................................................ GC-1
3. PRELIMINARY PLAT STATUS ................................................................................ GC-1
4. CHANGES IN OFFICIAL CONTROLS ..................................................................... GC-1
5. IMPROVEMENTS ....................................................................................................... GC-1
6. IRON MONUMENTS .................................................................................................. GC-2
7. LICENSE ...................................................................................................................... GC-2
8. SITE EROSION AND SEDIMENT CONTROL ......................................................... GC-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR
OTHER BUILDING ......................................................................................... GC-2
9. CLEAN UP ................................................................................................................... GC-3
10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-3
11. CLAIMS ....................................................................................................................... GC-3
12. PARK DEDICATION .................................................................................................. GC-3
13. LANDSCAPING .......................................................................................................... GC-3
14. WARRANTY ............................................................................................................... GC-4
15. LOT PLANS ................................................................................................................. GC-4
16. EXISTING ASSESSMENTS ....................................................................................... GC-4
17. HOOK-UP CHARGES ................................................................................................. GC-4
18. PUBLIC STREET LIGHTING..................................................................................... GC-4
19. SIGNAGE ..................................................................................................................... GC-5
20. HOUSE PADS .............................................................................................................. GC-5
21. RESPONSIBILITY FOR COSTS ................................................................................ GC-5
22. DEVELOPER'S DEFAULT ......................................................................................... GC-6
22. MISCELLANEOUS
A. Construction Trailers ........................................................................................ GC-6
B. Postal Service .................................................................................................... GC-7
C. Third Parties ...................................................................................................... GC-7
D. Breach of Contract ............................................................................................ GC-7
E. Severability ....................................................................................................... GC-7
ii
F. Building Permits ............................................................................................... GC-7
G. Waivers/Amendments ....................................................................................... GC-7
H. Release .............................................................................................................. GC-7
I. Insurance ........................................................................................................... GC-7
J. Remedies ........................................................................................................... GC-8
K. Assignability ..................................................................................................... GC-8
L. Construction Hours ........................................................................................... GC-8
M. Noise Amplification .......................................................................................... GC-8
N. Access ............................................................................................................... GC-8
O. Street Maintenance............................................................................................ GC-8
P. Storm Sewer Maintenance ................................................................................ GC-9
Q. Soil Treatment Systems .................................................................................... GC-9
R. Variances........................................................................................................... GC-9
S. Compliance with Laws, Ordinances, and Regulations ..................................... GC-9
T. Proof of Title ..................................................................................................... GC-9
U. Soil Conditions................................................................................................ GC-10
V. Soil Correction ................................................................................................ GC-10
W. Haul Routes ......................................................................................................... GC-10
X. Development Signs .............................................................................................. GC-10
Y. Construction Plans ............................................................................................... GC-10
Z. As-Built Lot Surveys ........................................................................................... GC-11
SP-1
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
BOYLAN SHORES
SPECIAL PROVISIONS
AGREEMENT dated June 22, 2020 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, Laketown Builders, LLC, a Minnesota limited
liability company (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
BOYLAN SHORES (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 May 22, 2020, prepared by Wenck Associates.
Plan B: Grading, Drainage and Erosion Control Plan dated May 22, 2020, prepared by
Campion Engineering Services, Inc.
Plan C: Plans and Specifications for Improvements dated May 22, 2020, prepared by Campion
Engineering Services, Inc...
Plan D: Landscape Plan dated May 22, 2020, prepared by Campion Engineering Services, Inc.
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 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 $198,330.79. The amount of the
security was calculated as 110% of the following:
Site Grading/Erosion Control/Restoration $ 50,847.50
Sanitary Sewer $ 7,591.00
Watermain $ 22,135.00
Storm Sewer, Drainage System, including cleaning and maintenance $ 30,695.00
Streets $ 54,145.00
Sub-total, Construction Costs $ 165,413.50
Engineering, surveying, and inspection (7% of construction costs) $ 11,578.95
Landscaping (2% of construction costs) $ 3,308.27
Sub-total, Other Costs $ 14,887.22
TOTAL COST OF PUBLIC IMPROVEMENTS $ 180,300.72
SECURITY AMOUNT (110% of 180,300.72) $ 198,330.79
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
SP-3
least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the
security is drawn down, the draw shall be used to cure the default. With City approval, the security
may be reduced from time to time as financial obligations are paid, but in no case shall the security
be reduced to a point less than 10% of the original amount until (1) all improvements have been
completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the
City satisfied, (4) the required “record” plans have been received by the City, (5) a warranty security
is provided, and (6) the public improvements are accepted by the City.
7. Notice. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at
the following address:
Dale Willenbring
Laketown Builders, LLC
PO BOX 89
Waconia, MN 55387
Phone: 612-501-8813
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen
City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952)
227-1100.
8. Other Special Conditions.
A. SECURITIES AND FEES
1. A $198,330.79 letter of credit or escrow for the developer-installed improvements, the
$4,962.41 cash administration fee and the fully-executed development contract must be
submitted and shall be submitted prior to scheduling a pre-construction meeting.
B. The developer agrees to implement the recommendations listed in the June 22, 2020 staff
report.
Engineering:
1. The installation of a contiguous curb consistent with the Minnewashta Parkway corridor
shall be constructed where the existing driveway access is located (see City Detail Plate
#5203) immediately after the construction entrance at the location has been permanently
removed.
2. The applicant shall provide adequate right-of-way (ROW) over the entirety of the trail
along the west side of Minnewashta Parkway. This ROW shall align with the newly
subdivided property to the north to ensure continuity and will be reviewed and approved
by the city prior to recording of final plat.
SP-4
3. No additional accesses shall be had off Minnewashta Parkway to serve the newly created
lots.
4. Covenants addressing the maintenance and snow plowing operations of the private street
shall be filed against all benefiting properties and submitted to the city for review and
approval prior to recording of final plat.
5. An updated SWPPP shall be submitted as plans are finalized, when the contractor and
their sub-contractors are identified, and as other conditions change. Review and approval
of the standalone document is required prior to any grading.
6. The newly extended 6” C900 water main shall be publicly owned and maintained.
7. The applicant’s contractor shall field verify the serviceability of the existing sanitary
sewer service for Lot 2. This shall be accomplished via CCTV which will be provided to
the city prior to connection of the existing sanitary sewer lateral.
8. A Homeowners Association (HOA) encompassing all lots is required, in perpetuity, to
ensure the technical expertise and funding mechanisms for the operation and maintenance
of the private street and stormwater treatment devices.
9. Operation and maintenance of private stormwater BMPs is required in perpetuity. An
operation and maintenance plan must be approved by the Water Resources Coordinator,
or their designee, and recorded against the properties that details the HOA’s permanent
inspection, maintenance, and funding mechanism that ensures stormwater BMPs will
function as designed.
10. A stormwater management plan shall be reviewed and approved prior to recording of
final plat. This is to ensure the stormwater management BMPs will adequately be
encompassed by drainage and utility easements recorded with the final plat.
11. The applicant’s contractors shall adhere to any coordination of construction activities
required by the City as a Capital Improvement Project No. 20-02 (Minnewashta Parkway
Rehabilitation) is scheduled to occur adjacent to the property in 2021.
12. The applicant shall provide design calculations that meet a 7-ton design for review and
approval by the City prior to approval of construction plans.
13. The provided stormwater model shall be updated to correctly identify the appropriate
pipe type (HDPE not RCP) for the primary routing device (Device #1) of Pond 2P.
14. The final plat will not be recorded until all conveyance of real property to achieve the layout of
Outlot A is secured as reflected in the final plat dated May 22, 2020. This includes conveyance of
a portion of Outlot B (Glendale Drive Homes Subdivision) owned by the City and a portion of
property owned by Lot 1 Block 2 Country Oaks.
SP-5
Construction Plan Review:
1. On sheet 2 of 10: All existing utilities, both public and private, shall be shown on the
existing conditions plans (e.g. the public storm sewer is not shown extending northeast
along and under Minnewashta Parkway) to avoid conflicts with existing and proposed
utilities; a note shall be added to the affect that erosion and sediment control BMPs shall
be installed prior to removal and to direct the plan holder that the SWPPP is on Sheet 7 of
10.
2. On sheet 4 of 10: Note 8 correctly addresses City Code regarding the location of the curb
stop at the property line, however the plans illustrate the curb stop at the D&U line,
update plans accordingly (locate curb stops at property line and not D&U line); the
sanitary sewer tap and lateral installation for Lot 3 shall occur prior to the Minnewashta
Parkway Rehabilitation in 2021; the plan sheets should be updated to show the full
extents of the property as depicted by the plat (e.g. the northwest corner does not extend
to the property lines); the plan sheets should be updated to correctly illustrate the
drainage and utility easements on Outlots as reflected on the final plat; Lot 3’s sanitary
sewer service WYE should be updated to 10”x6” to correctly reflect the size of main
being tapped, this tap shall occur prior to the commencement of city Project No. 20-02 in
2021 and should be noted; the call-out and leader for Lot 2 “utilizing existing service”
must be updated to clearly show only one service (sanitary) to remain; as a gate valve at
the wet tap will be required for proper installation, no additional gate valves shall be
located within the curb at Country Oaks Drive as illustrated;
3. On sheet 5 of 10: Add call-out or note for where the contractor can find the detail for the
street construction, for clarity; the plans illustrate draintile to be installed underneath the
12”HDPE inlet pipe that connects to the outlet control structure and should be adjusted
around the inlet pipe for constructability and future maintenance needs; the profile shows
the connection to the existing catch basin within Minnewashta Parkway, update profile
call-outs to identify existing catch basin type (2’x3’) and ensure feasibility of connection;
the storm manhole immediately upstream of the existing catch basin shall be relocated
wholly outside public right-of-way; the bio retention trench detail shall be updated to
include an impermeable liner around the BMP; the bio retention trench detail illustrates
one foot of filter media while the stormwater management report calls out 18” to meet
filtration requirements, plans shall be updated accordingly; the bio retention trench detail
shall include elevations (e.g. as proposed the bottom of the ponded volume would be
967.5’)
4. On sheet 6 of 10: Include in the legend a detail for the house pad call-outs (G (garage
floor elevation), TF (top floor elevation), LL (lowest level elevation), WO (lowest
opening)) for clarity.; add note that silt fence around pond after grading shall be installed,
reference SWPPP sheet, for clarity.
SP-6
5. On sheet 7 of 10: Plans shall be updated once a contractor and the erosion control
installer is known; silt fence shall be adjusted to achieve “J-hooks” at construction
entrance; illustrate construction entrance behind trail as trail is to remain open at all
times; add note that the trail shall be cleaned/maintained to the maximum extent
practicable; add note that when city Project No. 20-02 (Minnewashta Parkway
Rehabilitation) begins the contractor shall adhere to any coordination of construction
activities required by the City; add call-outs for “construction traffic ahead” signage
along trail warning pedestrians of the construction entrance.
6. On sheet 8 of 10: It is difficult to easily identify tree call-outs and locations on the plans
due to the colored image, update accordingly to achieve clarity.
7. On sheet 9 of 10: update call-out for topsoil to eliminate “mulch & disc anchor” due to
the proximity to the lake and add “hydro-mulch” instead; illustrate both side slopes of
road embankment to be 2% towards road, currently only the “right” side is called out, for
clarity.
8. On sheet L-1 “Landscape Plan”: All trees located over storm sewer pipe or other storm
sewer appurtenances shall be relocated to eliminate any conflicts (i.e. trees shall not be
located over storm water pipe).
Parks:
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected as a condition of approval for two of the three lots. The park fees will be collected
in full at the rate in force upon final plat submission and approval. Based upon the current
single-family park fee rate of $5,800 per dwelling, the total park fees would be $ 11,600.
Environmental Resources Coordinator:
1. Tree planting requirements on each lot are as follows: Lot 1: 1 overstory deciduous, 8
evergreens; Lot 2: 2 deciduous overstory, 5 evergreens; Lot 3: 5 deciduous overstory, 3
evergreens.
2. Any tree removal on Outlots C or D shall be replaced with 2:1 diameter inch trees on the
same outlot.
3. Tree preservation fencing must be installed around trees proposed to be saved prior to
any construction activities.
Planning:
1. Approval of the subdivision is contingent upon the applicant securing the segment of
property, to allow the applicant to achieve a 30-foot frontage on a public ROW off of
SP-7
Country Oaks Drive and the City Council approving the transfer of Outlot B of Glendale
Homes Drive Subdivision from the city to the applicant.
2. Outlots B and C shall not be considered developable separate parcels. These outlots may
not be used as an association beach lot. Outlot B may not be sold separately from Lot 3,
Block 1 and Outlot C may not be sold separately from Lot 2, Block 1.”
9. General Conditions. The general conditions of this Contract are attached as Exhibit
"B" and incorporated herein.
SP-8
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 ,
20__, 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
SP-9
Laketown Builders, LLC:
BY:
Dale Willenbring, President
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20__, by Dale Willenbring, President of Laketown Builders, LLC, a Minnesota limited liability
company, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Outlot B, GLENDALE DRIVE HOMES, according to the record plat thereof, Carver County,
Minnesota.
AND:
That part of Government Lot 5, Section 5, Township 116, Range 23 West, Carver County, Minnesota,
being described as follows:
Beginning at a point 594.2 feet East of the southwest corner of Government Lot 5, Section 5,
Township 116, Range 23 West, thence North 100 feet at right angles to the South line of said
Government Lot 5, to place of beginning of parcel of land to be described; thence continuing North
162.5 feet; thence East and parallel with the South line of said Government Lot 5, 766.9 feet to the
shore of Lake Minnewashta; thence southwest along said lake shore 187.0 feet more or less to a point
674.28 feet East of the place of beginning; thence West 674.28 feet to the place of beginning.
EXCEPT that part described as follows:
Commencing at a point 594.2 feet East of the southwest corner of Government Lot 5, Section 5,
Township 116, Range 23 West, thence North 100 feet at right angles to the South line of said
Government Lot 5, to place of beginning of parcel of land to be described; thence continuing North
132.50 feet; thence East and parallel with the South line of said Government Lot 5, a distance of 10.00
feet; thence South 132.50 feet at right angles to said South line of Government Lot 5; thence deflecting
right 90 degrees for a distance of 10.00 feet to the point of beginning.
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
,
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Development Contract, agrees that the Development Contract shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this day of , 20 .
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20___, by .
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
,
fee owners of all or part of the subject property, the development of which is governed by the
foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound
by the provisions as the same may apply to that portion of the subject property owned by them.
Dated this day of , 20 .
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20___, by .
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
IRREVOCABLE LETTER OF CREDIT
No. ___________________
Date: _________________
TO: City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable
Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________,
2______, of (Name of Bank) ";
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30,
2______.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this
Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S.
Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen
City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is
actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, International Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY: ____________________________________
Its ______________________________
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
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.
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9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that
has resulted from construction work by the Developer, its agents or assigns.
10. Acceptance and Ownership of Improvements. 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,
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
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escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be
returned. If the requirements are not satisfied, the City may use the security to satisfy the
requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant
to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances.
These requirements supplement, but do not replace, specific landscaping conditions that may have
been required by the City Council for project approval.
14. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit
either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit
for twenty-five percent (25%) of the amount of the original cost of the improvements.
A. The required warranty period for materials and workmanship for the utility contractor
installing public sewer and water mains shall be two (2) years from the date of final written City
acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage,
Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for
review and approval by the City Engineer. Each plan shall assure that drainage is maintained away
from buildings and that tree removal is consistent with development plans and City Ordinance.
16. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
17. Hook-up Charges. . At the time of final plat approval the Developer shall pay
30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot
in the plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract. The balance of the hook-up charges is collected at the time building permits are issued
are based on 70% of the rates then in effect, unless a written request is made to assess the costs
over a four year term at the rates in effect at time of application.
18. Public Street Lighting. The Developer shall have installed and pay for public street
lights in accordance with City standards. The public street lights shall be accepted for City ownership
and maintenance at the same time that the public street is accepted for ownership and maintenance.
A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City
signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in
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the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street
light for twenty (20) months.
19. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
20. House Pads. The Developer shall promptly furnish the City "as-built" plans
indicating the amount, type and limits of fill on any house pad location.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the installation
of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such
as review of construction documents, preparation of the Development Contract, monitoring
construction progress, processing pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for construction inspections. The fee shall
be calculated as follows:
i) if the cost of the construction of public improvements is less than $500,000,
three percent (3%) of construction costs;
ii) if the cost of the construction of public improvements is between $500,000 and
$1,000,000, three percent (3%) of construction costs for the first $500,000 and
two percent (2%) of construction costs over $500,000;
iii) if the cost of the construction of public improvements is over $1,000,000, two
and one-half percent (2½%) of construction costs for the first $1,000,000 and
one and one-half percent (1½%) of construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based upon
actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special
Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for all
costs incurred by the City for providing construction and erosion and sediment control inspections.
This cost will be periodically billed directly to the Developer based on the actual progress of the
construction. Payment shall be due in accordance with Article 21E of this Agreement.
C. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers and employees
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
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D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all plat development work and construction, including but not limited to the issuance
of building permits for lots which the Developer may or may not have sold, until the bills are paid in
full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as, but not limited to, sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation of
electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City’s base maps, GIS data base files, and converting
the plat and record drawings into an electronic format. Record drawings must be submitted within
four months of final acceptance of public utilities. All digital information submitted to the City shall
be in the Carver County Coordinate system.
22. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than four (4) days in advance. This Contract is a license
for the City to act, and it shall not be necessary for the City to seek a Court order for permission to
enter the land. When the City does any such work, the City may, in addition to its other remedies,
assess the cost in whole or in part.
23. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer as a part of the pre-construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within thirty
(30) days following the acceptance of the public improvements unless otherwise approved by the City
Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal
service in accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer’s obligations under this Contract. The City
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shall have no responsibility or liability to lot purchasers or others for the City’s failure to enforce this
Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer shall
be grounds for denial of building permits, including lots sold to third parties. The City may also issue
a stop work order halting all plat development until the breach has been cured and the City has
received satisfactory assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Building Permits. Building permits will not be issued in the plat until sanitary
sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface and the site graded and
revegetated in accordance with Plan B of the development plans.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Contract shall not be a waiver or release.
H. Release. This Contract shall run with the land and may be recorded against the
title to the property . After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
I. Insurance. Developer shall take out and maintain until six (6) months after the City
has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of Developer's
work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for
each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional
insured on the policy, and the Developer shall file with the City a certificate evidencing coverage
prior to the City signing the plat. The certificate shall provide that the City must be given ten (10)
days advance written notice of the cancellation of the insurance. The certificate may not contain any
disclaimer for failure to give the required notice.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time
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to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
K. Assignability. The Developer may not assign this Contract without the written
permission of the City Council. The Developer's obligation hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Hours. Construction hours, including pick-up and deliveries of
material and equipment and the operation of any internal combustion engine, may only occur
from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors,
agents and supplies to comply with these requirements and the Contractor is responsible for their
failure to do so. Under emergency conditions, this limitation may be waived by the written consent
of the City Engineer. If construction occurs outside of the permitted construction hours,
the Contractor shall pay the following administrative penalties:
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations All site development and construction must
cease for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and
similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be responsible for all street maintenance
until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer
when hazards develop in streets to prevent the public from traveling on same and directing attention
to detours. If streets become impassable, the City may order that such streets shall be barricaded and
closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage.
The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance
of the streets. The City shall have complete discretion to approve or reject the request. The City shall
not be responsible for reshaping or damage to the street base or utilities because of snow plowing
operations. The provision of City snow plowing service does not constitute final acceptance of the
streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
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maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been accepted
by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special
provisions of this contract, will be held by the City for the duration of the 2-year maintenance period.
Q. Soil Treatment Systems. If soil treatment systems are required, the Developer
shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the platting process for each lot. This shall be
done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render
them as unacceptable and replacement sites will need to be located for each violated site in order to
obtain a building permit.
R. Variances. By approving the plat, the Developer represents that all lots in the plat
are buildable without the need for variances from the City's ordinances.
S. Compliance with Laws, Ordinances, and Regulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of suitability
of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have
no fill material a soils report from a qualified soils engineer is not required unless the City's building
inspection department determines from observation that there may be a soils problem. On lots with
fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report
from a qualified soils engineer shall be provided before the City issues a building permit for the lot.
On lots with fill material that have been custom graded, a satisfactory soils report from a qualified
soils engineer shall be provided before the City inspects the foundation for a building on the lot.
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W. Haul Routes. The Developer, the Developer’s contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and shall
be removed when the required improvements are completed, except for the final lift of asphalt on
streets. The signs shall contain the following information: project name, name of developer,
developer’s telephone number and designated contact person, allowed construction hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 11”x17” reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavement and before the security is released, the Developer
shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2)
two complete full-size sets of blue line/paper as-built plans, (3) two complete sets of utility tie sheets,
(4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all
utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as-built plans in
both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital
file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities
installed, including the per lineal foot bid price. The Developer is required to submit the final plat in
electronic format.
Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before
the as-built survey is completed. If the weather conditions at the time of the as-built are not conducive
to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and
the as-built escrow withheld until all work is complete.
Rev. 3/31/06