Site Plan Approval letter 9-30-05
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952.227,1100
Fax 952,227.1110
Building Inspections
Phone: 952,227,1180
Fax 952.227.1190
Engineering
Phone 952.227,1160
Fax: 952,227,1170
Finance
Phone 952,227.1140
Fax: 952,227.1110
Park & Recreation
Phone: 952,227.1120
Fax: 952,227,1110
Recreation Center
2310 Coulter Boulevard
Phone: 952,227,1400
Fax: 952,227,1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227,1110
Public Works
1591 Park Road
Phone 952.227,1300
Fax: 952,227.1310
Senior Center
Phone 952,227.1125
Fax: 952,227,1110
Web Site
WNW,ci ,chanhassen,mn,us
September 30, 2005
Mr. Patrick Minger
Minger Construction
8470 Galpin Boulevard
Chanhassen, MN 55317
Re: Site Plan Approval for Minger Construction, Planning Case #05-27
Dear Mr. Minger:
This letter is to confirm that on September 29,2005, The Chanhassen City
Council approved the following:
Site Plan Planning Case #05-27, for a 46,152 square-foot office warehouse
building, plans prepared by Schoell and Madson, Inc., dated August 5, 2005,
revised September 12, 2005, subject to the following conditions:
1. The applicant shall enter into a site plan agreement with the City and provide
the necessary security to guarantee erosion control, site restoration and
landscaping.
2. The building is required to have an automatic fire extinguishing system.
3. The plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
4. PIV is required on the building water service.
5. No burning permits will be issued for trees to be removed. Trees and shrubs
must either be removed from site or chipped.
6. Fire apparatus access road and water supply for fire protection is required to
be installed. Such protection shall be installed and made serviceable prior to
and during the time of construction except when approved alternate methods
of protection are provided.
7. A fire apparatus access road shall be designed and maintained to support the
imposed load of fire apparatus and shall be serviced so as to provide all
weather driving capabilities. Pursuant to Minnesota Fire Code Section
503.2.3.
8. Temporary street signs shall be installed on street intersections once
construction of the new roadway allows passage of vehicles. Pursuant to 2002
Minnesota Fire code Section 501.4.
The City 01 Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks, A great place to live, work, and play,
Mr. Patrick Minger
Planning Case 05-27
September 30,2005
Page 2
9. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees,
shrubs, bushes, Xce1 Energy, Qwest, cable TV and transformer boxes. This is to ensure that
fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
10. An additional fire hydrant will be required in the island off the northeast comer of the
building. Contact Chanhassen Fire Marshal for exact location.
11. Comply with Chanhassen Fire Department/Fire Prevention Policy #29-1991 regarding
premise identification.
12. Revise the lighting plan to incorporate shielded light fixtures. Lighting shall be high-
pressure sodium.
13. Space for recycling shall be provided in the interior of all principal structures or within an
. enclosure for each lot developed in the Business Park. .
14. All wetland impacts shall be mitigated in accordance with the Wetland Alteration Permit for
Chanhassen West Business Park.
15. All wetlands and proposed mitigation areas shall maintain a 16.5 - 20-foot buffer strip
around the perimeter of the wetlands.
16. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's
wetland ordinance.
17. The applicant shall install wetland buffer edge signs, under the direction of City staff, before
construction begins and must pay the City $20 per sign.
18. All structures (including parking lots) shall maintain a 40-foot setback from the edge of the
wetland buffer.
19. Silt fence shall be installed along west property edge behind retaining wall near flared end
section to minimize sediment erosion.
20. Silt fence shall be installed outside of wetland buffer edges.
21. The contractor shall use a Wimco or similar catch basin erosion control BMP.
22. All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope
Steeper than 3: 1
10:1 to 3:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
Mr. Patrick Minger
Planning Case 05-27
September 30, 2005
Page 3
These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
23. All erosion control measures shall be installed and maintained in accordance with City, Carver
County Water Resource Management Area and MPCA permit requirements.
24. A NPDES permit will be needed for the site and a completed SWPPP is needed for the site
and should be available at the preconstruction meeting and on site during construction.
25. The contractor shall inspect daily all erosion control measures and perform maintenance on
BMPs as needed or required.
26. The storm water pond on Outlot A shall be constructed prior to or. concurrent with the
development of this site. All storm sewer infrastructure between this site and the outlet into the
storm water pond on Outlot A shall be installed prior to or concurrent with this development.
27. The applicant shall increase the number of trees and islands/peninsulas in the parking lot to
meet minimum landscape requirements.
28. Tree protection fencing shall be installed at the grading limits prior to any construction and
remain until construction is completed.
29. The applicant shall locate additional landscaping at the southern end of the property. Native
species shall be used.
30. The existing swale west of the parking lot shall be filled in to eliminate or reduce the height
of the proposed retaining wall.
31. Retaining walls that exceed four feet in height must be designed by an Engineer registered in
the State of Minnesota and require a building permit.
32. If feasible, the proposed storm sewer west of the parking area shall be eliminated and
rerouted to the storm sewer system to the east.
33. Disturbed areas must be restored to a minimum 3:1 grade.
34. Pipe bollards must be installed around all locations where the pavement grade exceeds 5%.
35. The eastern access to Lot 4 must align with the eastern access to Lot 5. The radius of the
access to Lot 4 must accommodate the turning movement for a small delivery truck.
36. The grey line type shown in the legend should be labeled "by others", not "existing".
Mr. Patrick Minger
Planning Case 05-27
September 30,2005
Page 4
37 . Verify that the storm sewer on the west side of Lot 4 will be constructed with the site plan
improvements for Lot 5 or adjust the line type accordingly.
38. The main drive aisle through the site will be a private street since it serves multiple lots. As
such, the road must be a minimum of 26 feet wide, built to a 9-ton design, and enclosed
within a 40-foot wide private easement. A cross-access easement must be obtained and
recorded before building permit issuance. The developer must submit testing reports
verifying that the driveway is built to a 9-ton design.
39. A sidewalk connection to the public street must be constructed. The sidewalk shall be
installed on the west side of the eastern site access and on the south side of the private drive.
The sidewalk shall include pedestrian ramps at all curbs.
40. A minimum six-foot high, opaque fence shall be included in the landscape island around the
storage area.
41. The fabric storage building is prohibited.
Enclosed is a site plan agreement that must be executed by Minger Construction. Return the
agreement to me for city execution and recording at Carver County within 120 days of the
approval (by December 28, 2005). The required security specified in the site plan agreement
shall be submitted prior to the city issuing a building permit. A copy of the executed agreement
will be returned for your files. If you have any questions or need additional information, please
contact me at (952) 227-1131.
Robert Generous, AICP
Senior Planner
Enclosure
ec: Alyson Morris, Assistant City Engineer
Steve Torell, Building Official
g:\plan\2005 planning cases\05-27 minger construction site plan\approvalletter.doc
CITY OF CHANHASSEN
SITE PLAN AGREEMENT # 05-26
SPECIAL PROVISIONS
AGREEMENT dated September 29,2005, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and Minger Construction, (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a
site plan for a 46,152 square foot office warehouse building (referred to in this Permit as the
"project"). The land is legally described as Lot 4, Block 2, Chanhassen West Business Park.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enter into this Permit and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance
with the following plans. The plans shall not be attached to this Contract. If the plans vary from
the written terms of this Permit, the written terms shall control. The plans are:
Plan A--Site Plan dated 8-31-05, revised 9-16-05, prepared by Houwman Architects
Plan B--Grading Plan prepared by Shoell & Madson, Inc.
Plan C--Landscaping Plan dated prepared by Shoell & Madson, Inc. dated 9.16.05
Plan D--Utility Plans prepared by Shoell & Madson, Inc.
1
4. Time of Performance. The Developer shall install all required screening and
landscaping by July 30, 2006. The Developer may, however, request an extension of time from the
City. 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.
5. Security. To guarantee compliance with the terms ofthis Permit, the Developer
shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for
$5,000.00 ($2,500.00 - boulevard restoration and $2,500.00 - erosion control).). If the Developer
requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer
shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the
installation of said landscaping.
PROCEDURES FOR LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by
the Developer or his Engineer.
b. Partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval.
6. Notices. 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:
Mr. Patrick Minger
Minger Construction
8470 Galpin Boulevard
Chanhassen, MN 55317
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
2
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. (Site plan approval conditions)
a. The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
b. The building is required to have an automatic fire extinguishing system.
c. The plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
d. PIV is required on the building water service.
e. No burning permits will be issued for trees to be removed. Trees and shrubs must
either be removed from site or chipped.
f. Fire apparatus access road and water supply for fire protection is required to be
installed. Such protection shall be installed and made serviceable prior to and
during the time of construction except when approved alternate methods of
protection are provided.
g. A fire apparatus access road shall be designed and maintained to support the
imposed load of fire apparatus and shall be serviced so as to provide all weather
driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3.
h. Temporary street signs shall be installed on street intersections once construction
of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire
code Section 501.4.
1. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps,
trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This
is to ensure that fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance #9-1.
J. An additional fire hydrant will be required in the island off the northeast comer of
the building. Contact Chanhassen Fire Marshal for exact location.
k. Comply with Chanhassen Fire Department/Fire Prevention Policy #29-1991
regarding premise identification.
1. Revise the lighting plan to incorporate shielded light fixtures. Lighting shall be
high-pressure sodium.
3
m. Space for recycling shall be provided in the interior of all principal structures or
within an enclosure for each lot developed in the Business Park.
n. All wetland impacts shall be mitigated in accordance with the Wetland Alteration
Permit for Chanhassen West Business Park.
o. All wetlands and proposed mitigation areas shall maintain a 16.5 - 20-foot buffer
strip around the perimeter of the wetlands.
p. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the
City's wetland ordinance.
q. The applicant shall install wetland buffer edge signs, under the direction of City
staff, before construction begins and must pay the City $20 per sign.
r. All structures (including parking lots) shall maintain a 40-foot setback from the
edge of the wetland buffer.
s. Silt fence shall be installed along west property edge behind retaining wall near
flared end section to minimize sediment erosion.
1. Silt fence shall be installed outside of wetland buffer edges.
u. The contractor shall use a Wimco or similar catch basin erosion control BMP.
v. All exposed soil areas shall have temporary erosion protection or permanent cover
year round, according to the following table of slopes and time frames:
Tvpe of Slope Time (Maximum time an area can
Steeper than 3:17 days remain open when the area
10: 1 to 3: 1 14 days is not actively being worked.)
Flatter than 10:121 days
These areas include constructed storm water management pond side slopes, and
any exposed soil areas with a positive slope to a storm water conveyance system,
such as a curb and gutter system, storm sewer inlet, temporary or permanent
drainage ditch or other natural or man made systems that discharge to a surface
water.
w. All erosion control measures shall be installed and maintained in accordance with
City, Carver County Water Resource Management Area and MPCA permit
requirements.
x. A NPDES permit will be needed for the site and a completed SWPPP is needed
for the site and should be available" at the preconstruction meeting and on site
during construction.
4
y. The contractor shall inspect daily all erosion control measures and perform
maintenance on BMPs as needed or required.
z. The storm water pond on Outlot A shall be constructed prior to or concurrent with
the development of this site. All storm sewer infrastructure between this site and the
outlet into the storm water pond on Outlot A shall be installed prior to or concurrent
with this development.
aa. The applicant shall increase the number of trees and islands/peninsulas in the
parking lot to meet minimum landscape requirements.
bb. Tree protection fencing shall be installed at the grading limits prior to any
construction and remain until construction is completed.
cc. The applicant shall locate additional landscaping at the southern end of the
property. Native species shall be used.
dd. The existing swale west of the parking lot shall be filled in to eliminate or reduce
the height of the proposed retaining wall.
ee. Retaining walls that exceed four feet in height must be designed by an Engineer
registered in the State of Minnesota and require a building permit.
ff. If feasible, the proposed storm sewer west of the parking area shall be eliminated
and rerouted to the storm sewer system to the east.
gg. Disturbed areas must be restored to a minimum 3:1 grade.
hh. Pipe bollards must be installed around all locations where the pavement grade
exceeds 5%.
11. The eastern access to Lot 4 must align with the eastern access to Lot 5. The radius
of the access to Lot 4 must accommodate the turning movement for a small
delivery truck.
JJ. The grey line type shown in the legend should be labeled "by others", not
"existing" .
kk. Verify that the storm sewer on the west side of Lot 4 will be constructed with the
site plan improvements for Lot 5 or adjust the line type accordingly.
11. The main drive aisle through the site will be a private street since it serves
multiple lots. As such, the road must be a minimum of 26 feet wide, built to a 9-
ton design, and enclosed within a 40-foot wide private easement. A cross-access
easement must be obtained and recorded before building permit issuance. The
developer must submit testing reports verifying that the driveway is built to a 9-
ton design.
5
mm. A sidewalk connection to the public street must be constructed. The
sidewalk shall be installed on the west side of the eastern site access and on the
south side of the private drive. The sidewalk shall include pedestrian ramps at all
curbs.
nn. A minimum six-foot high, opaque fence shall be included in the landscape island
around the storage area.
00. The fabric storage building is prohibited.
8. General Conditions. The general conditions of this Permit are attached as Exhibit
"B" and incorporated herein.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND:
Todd Gerhardt, City Manager
DEVELOPER:
BY:
Its
6
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of , 2005, by
Thomas A. Furlong, 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
STATEOFMINNESOTA )
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
2005 by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
7
CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, 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
,2005
By
STATE OF MINNESOTA )
( ss
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
2005 , by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
8
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDITION
1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise
disturb the earth, remove trees, construct 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, and 3) the
City has issued a building permit in reliance on the foregoing conditions having been satisfied.
2. Maintenance of site. The site shall be maintained in accordance with the approved site
p~an. Plants and ground cover required as a condition of sit~ plan approval which die shall be
promptly replaced.
3. 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 site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are
issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City.
The City may impose additional erosion 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 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. If the Developer does not comply with
the erosion control plan and schedule or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion 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 there is full compliance with the
9
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a
need for erosion control, the City will authroize removal of the erosion control measures.
5. 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.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C,
shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees
shall be warranted for twelve (12) months from the time of planting. The Developer or his
contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the
time of final acceptance.
7. Responsibility for Costs.
A. 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 site plan approval and development. The Developer shall indemnify
the City and its officers and employees for all costs, damages, or expenses which the
City may payor incur in consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this
Permit, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Permit within thirty (30) days after receipt. If the bills are not
paid on time, the City may halt all plat development work and construction. Bills
not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
8. 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
10
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.
9 . Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer. Trailers shall be removed from
the subject property within thirty (30) days following the issuance of a certificate of
occupancy 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 Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be
grounds for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Permit is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Contract.
F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a bituminous surface
and the utilities tested and approved by the city.
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.
R. Recording. This Permit shall run with the land and may be recorded against the title
to the property.
I. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, express or
implied, now or hereafter arising, available to City, at law or in equity, or under any
other agreement, and each and every right, power and remedy herein set forth or
otherwise so existing may be exercised from time to time as often and in such order
11
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.
J. Construction Hours. The normal construction hours under this contract shall be
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 any recognized legal holidays.
Operation of all internal combustion engines used for construction or dewatering
purposes beyond the normal working hours will require City Council approval.
K. 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 site plan
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.
L. Compliance with Laws, Ordinances, and Regulations. In the development of the site
plan 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;
5. Metropolitan Government, its agencies, departments and commissions.
M. 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 too enter into this Development Contract.
N. 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
12
pollutants were caused to be there by the City.
o. 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.
13