Approval Letter 10.14.2025Page | 1
October 14, 2025
Inland Development Partners
100 Lake Street W Suite 200
Wayzata, MN 55391
Attn: Tom Shaver
Attn: Jacquel Hajder
Level 7 Development LLC
4600 Kings Point Road
Minnetrista, MN 55331
Attn: Mark Nordland
Civil Site Group
5000 Glenwood Avenue
Golden Valley, MN 55422
Attn: Matt Pavek
Re: Planning Case #2025-08 – Development Agreement for Avienda Apartments.
To whom it may concern,
This letter is to confirm that on October 13th, 2025, the Chanhassen City Council approved your
requested development contract subject to the following conditions of approval:
Planning Department:
1. The Developer shall secure a temporary drainage easement agreement for the discharge of
the stormwater into a temporary offsite stormwater management pond within Outlot A,
Avienda Apartments (the “Temporary Drainage Easement Agreement”) and a permanent
stormwater utility easement over the portion of Outlot A, Avienda Apartments on which the
regional stormwater facility will be located for the benefit of Lot 1, Block 1, which, as a
Common Utility Line (as defined in the existing Reciprocal Easements and Operating
Agreement governing the Project), will be subject to an easement under the existing
Reciprocal Easements and Operating Agreement governing the Project and managed by
Level 7 Development, LLC, the Operator under that instrument. If the temporary offsite
stormwater management pond has not been fully constructed prior to recording the final Plat,
the Developer shall secure a temporary construction easement over Outlot A, Avienda
Apartments allowing the Developer, or the City, to construct the temporary offsite
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stormwater management pond. The Developer shall also secure a temporary construction
easement over such parcels as is necessary for the construction of the Overall Improvements
allowing the Developer, or the City, to construct the Overall Improvements if not otherwise
constructed within relevant timeframes; provided, however, that such temporary construction
easement may be held in escrow, rather that recorded with the final Plat, provided that it shall
be released from escrow and recorded by either the Developer or the City if necessary.
2. The 6-foot wide meandering path along the south, west, and northern portions of the Property
shall be encumbered with a public access easement that will be recorded simultaneously with
recording of the final Plat.
3. All lighting shall have a total cutoff angle equal to or less than 90 degrees.
4. The Developer shall construct courtyard improvements in accordance with the Project Plans
that specify an impervious cover of 50% or less (excluding those portions of the courtyard
where the building podium is located).
Forestry Department:
1. The Developer shall install plantings in accordance with the Project Plans and the City
ordinance for species diversity as outlined in City Code Section 20-1183, Tree Diversity.
No more than ten percent of the trees may be from any one tree species, no more than 20
percent of the trees may be from any one genus, and no more than 30 percent of trees
from any one family.
Engineering Department:
1. The Developer shall enter into an Encroachment Agreement for the monument sign on
the north of the property located within the 10-foot wide public drainage and utility
corridor abutting Avienda Parkway right-of-way which must be recorded simultaneously
with the final Plat.
2. Final construction plans will be subject to review and approval by staff.
3. Except for the meandering path to be publicly dedicated, all newly constructed streets and
sidewalks will be privately owned and maintained. The Developer shall provide for
review and approval maintenance agreements for these improvements to be recorded
simultaneously with the final Plat (which may be included as part of an amendment to the
existing Reciprocal Easements and Operating Agreement governing the Project).
4. Construction design elements associated with the street plans such as stationing, curb
tables and alignments, centerline grades, and intersection details will be required in final
construction plans.
5. It is the Developer’s responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT,
Carver County, RPBC Watershed District, Board of Water and Soil Resources, PCA,
MDH, MPCA, etc.).
6. At all locations where the proposed trail and sidewalk connect to existing pedestrian
facilities, such connections must be constructed in order to meet current ADA standards.
Pedestrian ramps at all sidewalk and trail street crossings in accordance with ADA and
City standards must also be provided in accordance with the Project Plans.
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Water Resources Department:
1. Temporary stormwater management conditions must be maintained in accordance with
the Project Plans for the temporary and permanent management of the onsite stormwater
pond on the northside of the Property. Interim conditions must be maintained to manage
the stormwater discharge rates for the 100-year storm event.
2. The Developer must maintain a temporary offsite stormwater management pond until the
permanent regional pond has been constructed in accordance with the Overall Plans
approved by the City and record the Temporary Drainage Easement Agreement
simultaneously with the recording of the final Plat.
3. An Operations and Maintenance plan and Agreement in a form approved by the City for
all proposed private stormwater infrastructure including the inspection frequency,
maintenance schedule, and responsible party shall be recorded with the Development
Contract and Plat.
4. The overall site has an approved permit by the watershed district that requires individual
sites to obtain their own permits.
5. In the event the offsite regional stormwater pond is not approved by the City in the
location consistent with the current watershed permit. the Developer shall revise their
stormwater plans and permit with the watershed according to the final plan location
approved by the City.
Building Department:
1. A building permit must be obtained before beginning any construction.
2. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
3. Building plans must provide sufficient information to verify that the proposed building
meets all requirements of the Minnesota State Building Code. Additional comments or
requirements may be required after building plan review.
4. The building is required to have automatic fire extinguishing systems.
5. The buildings’ proximity to property lines (and other buildings) will have an impact on
the code requirements for the proposed buildings, including but not limited to; allowable
size, protected openings and fire-resistive construction. These requirements will be
addressed when complete building and site plans are submitted.
6. Building plans must include a code analysis that contains the following information: key
plan, occupancy group, type of construction, allowable height and area, fire sprinklers,
separated or non-separated, fire resistive elements (exterior walls, bearing walls - exterior
or interior, shaft, incidental use), occupant load, exits required (common path, travel
distance), and minimum plumbing fixture count.
7. Retaining walls (if present) more than four feet high, measured from the bottom of the
footing to the top of the wall, must be designed by a professional engineer and a building
permit must be obtained prior to construction. Retaining walls (if present) under four feet
in height require a zoning permit.
8. Accessibility will have to be provided to all portions of the Project and a percentage of
the units may also be required to be accessible or adaptable in accordance with Minnesota
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State Building Code Chapter 1341. Further information is needed to determine these
requirements.
9. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
Fire Department:
1. Balcony sprinklers are not required so long as the balcony structures remain under the
required size by fire code and non-combustible materials for balconies and siding are
used. Due to lack of courtyard access, stand pipe connections shall be provided near the
pool deck for faster hose advancement capability.
2. Due to lack of fire access road on west side and access to pool deck, fire stand pipes must
be provided in and around the pool area and rear of building and must be installed by a
fire sprinkler designer.
3. First responder radio coverage study required. During construction, a first responder
radio coverage test will be required, to be completed by a licensed contractor, in order to
provide for a first responder radio signal repeater system.
4. All EV charging stations in underground garages will be required to be placed as close to
the garage doors as possible for removal in case of a fire.
If you have any questions or need additional information, please contact me by email at
rarsenault@chanhassenmn.gov
Sincerely,
Rachel Arsenault
Associate Planner