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25-01 Staff Report PC_final Application: Requesting Preliminary Plat, Site Plan, and Rezoning (Planning Case #2025-01) Staff Report Date: February 12, 2025 Drafted By: Eric Maass, Community Development Director Joe Seidl, Water Resources Engineer Mackenze Grunig, Project Engineer Don Nutter, Fire Marshall Jamie Marsh, Environmental Resources Specialist Planning Commission Review Date: February 18, 2025 City Council Review Date: March 10, 2025 SUMMARY OF REQUEST: The Applicant is requesting preliminary plat, site plan, and rezoning approval to subdivide the property located generally at the intersection of Pioneer Trail and Bluff Creek Drive into 62 lots consisting of 60 townhomes which are grouped in either structures of four or six townhomes. The remaining two lots consist of common area surrounding the townhomes as well as private stormwater ponds which would be owned and maintained by a homeowners association. The Planning Commission is requested to review the preliminary plat and rezoning proposals. LOCATION: Unassigned property address PID: 25.0270010 APPLICANT: Pioneer Ridge LLC “Applicant” PROPERTY OWNER: Pioneer Ridge LLC PROPOSED MOTION: Staff recommends adoption of the attached Findings of Fact and Recommendation recommending approval of the requested rezoning of the property to R-8 Mixed Medium Density Residential District and recommending preliminary plat and site plan approval for a 60 unit townhome development subject to the conditions included in the staff report dated February 12, 2025. Page 2 of 16 PRESENT ZONING: Unassigned - Right of way 2040 LAND USE PLAN: Residential – Medium Density (4.1 – 8.0 units/net acre) ACREAGE: 11.75 Acres (gross). 11.03 Acres (net) DENSITY: 5.11 units/acre (gross). 5.44 units/acre (net) LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the city must approve the preliminary plat. This is a quasi-judicial decision. The city’s discretion in approving or denying a rezoning is based on whether the requested zoning district is an eligible zoning district based on the land use designation for the property as identified by the City’s Comprehensive Plan. The requested rezoning must be consistent with the City’s Comprehensive Plan. This is a quasi-judicial decision. The city’s discretion in approving or denying a Site Plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the city must then approve the site plan. This is a quasi-judicial decision. COMMUNITY ENGAGEMENT Notice of this public hearing has been mailed to all property owners within 500 feet as well as all property owners within the Pioneer Pass neighborhood. This same mailing list was used for mailing invitations for the neighborhood meeting held by the Applicant. The Applicant held a neighborhood meeting on January 14th, 2024. This neighborhood meeting was attended by approximately 30 attendees. As part of the event, attendees were asked to Page 3 of 16 share what they were hoping to learn about, what they were nervous about, and what they were happy to have learned about from attending the open house. Attendees hoped to learn about… the proposed exterior design of the homes, drainage plans, project timeline, openness to amending plans, options for privacy, parking, and construction traffic. Primary concerns of attendees included… proximity of townhomes to existing homes, loss of previously undeveloped land, wildlife, and lack of buffer between the proposed homes and existing homes. Attendees were happy to learn that… the townhomes are not 3 stories in height, and that nothing is final and that the development team was open to changes. APPLICABLE REGULATIONS Chapter 18, Subdivision, Chapter 20, Article XXIV-2, “R-8” Mixed Medium Density Residential District Chapter 20, Article II, Division 6, Site Plan Review PROPOSAL/SUMMARY The Applicant is proposing the subdivision of 11.75 acres of property which is guided for Medium Density Residential into 62 lots, consisting of 60 lots with townhomes and 2 lots consisting of common areas and private stormwater ponds which will be maintained by a homeowner’s association. ENVIRONMENTAL PROTECTION DISTRICTS • Wetland Protection – Two incidental wetlands on the property. • Bluff Protection – There are two bluff areas in the northeast corner of the property. • Shoreland Management – Not within a shoreland management district. • Floodplain Overlay – Not within a floodplain overlay district. LAND USE DESIGNATION The property is assigned as both Residential Medium Density and Office designations by the 2040 Comprehensive Plan. This dual designation affords the property greater flexibility in that it is eligible for either Residential Medium Density zoning districts or zoning districts identified as eligible under the “office” designation by the City’s 2040 Comprehensive Plan. Residential Medium Density properties are required to be developed at a density of between 4 to 8 housing units per net acre. In reviewing the City’s 2030 Comprehensive Plan, the Subject Property held the same land use designation at that time. The 2030 Comprehensive Plan was adopted in November of 2008. Page 4 of 16 REQUEST FOR REZONING APPROVAL LAND USE – ZONING CONSISTENCY The following zoning districts are consistent with “Residential Medium Density” land use: “R-4” Mixed Low Density Residential, “RLM” Residential Low Medium Density Residential, “R-8” Mixed Medium Density Residential, and “PUD-R” Planned Unit Development Residential. The proposed rezoning to R-8 Mixed Medium Density Residential is consistent with the comprehensive plan land use designation of Residential Medium Density. The R-8 district is intended to provide for single-family attached and multifamily residential development at a maximum net density of eight dwelling units per acre. The project proposal consists of 11.03 net acres after removal of 0.72 acres of undevelopable bluff area. The project as proposed has a net density of 5.44 housing units per acre. The project is proposed to be located on land that was formerly right of way which had been acquired by the Minnesota Department of Transportation (MnDOT). MnDOT sold the land at auction and the subsequent owner of the property is the Applicant. The Applicant has requested that the land be assigned the “R-8 Mixed Medium Density Residential District”. The R-8 district is one of four possible residential zoning districts based on the properties land use guidance of “Residential Medium Density”. The stated intent of the “R-8” zoning district is to provide for single family attached and multifamily residential development at a maximum density of eight dwelling units per acre. SURROUNDING ZONING Direction Zoning Designation North Residential Low and Medium Density Residential(RLM) South Right of way (Pioneer Trail / CSAH 14) West Right of way/open space (Bluff Creek Drive) East Right of way/open space (Hwy 212) REQUEST FOR PRELIMINARY PLAT APPROVAL - SUBDIVISION REVIEW The Applicant is requesting preliminary plat subdivision as well as site plan approval to subdivide the property at and around Bluff Creek Dr & Pioneer Trl in the NE corner. Construction plans developed by Westwood Professional Services, Inc dated February 5, 2025 were reviewed by staff. The plans provided show construction of a private street, private lift station and sanitary sewer, 60 unit rowhomes, public water main, and addition to existing publicly owned storm sewer pond. Page 5 of 16 Compliance Table: Min Lot Area: 1,800 sf 1,800 sf Min Lot Frontage: 30’ Min Lot Depth: 60’ Proposed Lot Area: 2,368 – 2,738sf Proposed Min Frontage: 32-37’ Proposed Min Depth: 74’ As currently proposed, all lots meet the minimum lot area, lot width and lot depth requirements of the zoning ordinance. Townhomes as shown adhere to the applicable setback which establish minimum setbacks of 20 feet for front yards, 10 feet for rear yards, and 20 feet for side yards. The side yard setback is not applicable to a common wall of multi-family dwelling units. The Developer should update the Preliminary Plat viewport so that all of the applicable land is shown. Additionally, the area located generally north of the northern most fire apparatus turn around is partially within the Bluff Creek Overlay District and the City has goals related to preservation at the time of subdivision. This area should be placed into an outlot and that outlot dedicated to the city for the purposes of preservation. If dedicated to the City, then a Conditional Use Permit (CUP) is not required as outlined by City Code Section 20-1554. In addition to that area, there is an area on the northeast portion of the development that consists of bluff areas. This area should be placed into an outlot and dedicated to the City for purposes of preservation. The final area of these outlots will be determined based on final design of stormwater management. Lot 16 Block 1, and Lot 17 Block 1 currently overlap. Revise preliminary plat so that lots do not overlap but maintain the minimum side yard setback between principal structures of 20 feet. Staff notes that the proposed subdivision is consistent with the Comprehensive Plan and the Zoning Ordinance. REQUEST FOR SITE PLAN REVIEW The Applicant is requesting site plan approval for a multifamily residential development consisting of 60 townhomes and private roadways. LOT REQUIREMENTS, SETBACKS, AND HEIGHT RESTRICTIONS Building Setback Setback Standards Proposed Front yard 20 feet 20 feet Side yard building separation 20 feet (not applicable to common walls in multifamily dwelling units) 20 feet Rear yard 10 feet 36 feet minimum Building height Three stories / 35 feet 18’ 9” (Jasmine/ Isla units) 22’ 8” (Sophia/Amelia units) Page 6 of 16 SIGNAGE Project or neighborhood signage if incorporated into the development will require separate permitting. STREETS, ACCESS, AND PARKING The project proposes a series of private roads. City Code section 18-57(b) outlines the required minimum width of right of way and minimum roadway pavement width for new development. For multifamily projects with a density equal to or greater than 4 units per acre has a required right of way minimum width of 40’ and a minimum pavement width of 24’. The project proposes a right of way width of 40’ and a pavement width of 24’ and as a result adheres to city code requirements. The Applicant does not show a sidewalk on either side of the proposed private roadway. Applicant needs to add sidewalk on at least one side of the proposed private roadways within the proposed development and connect that sidewalk to the city’s existing sidewalk/trail network along Bluff Creek Drive and Pioneer Trail. This requirement is outlined in City Code Chapter 18-78(b)(5). The project proposes an access point onto Bluff Creek Drive as well as an access onto Pioneer Trial. The access onto Pioneer Trail is limited to a “right in, right out” movement as that road is a County highway and under the jurisdiction of Carver County. Based on the Traffic Impact Analysis, the existing hill on the southwest side of the proposed development is required to be graded back to improve sight lines for traffic seeking to turn south onto Bluff Creek Drive. The plan set shows 16 guest parking spaces. City Code requires at least 1 guest parking space for every four dwelling units for multifamily residential developments. Based on the 60 townhomes, 15 guest parking spaces are required. While more parking spaces are shown than is required by City Code, the guest parking is all congregated in the middle of the proposed development. Staff recommends adding additional guest parking on the west side of the project or relocation of a portion of the existing guest parking. ARCHITECTURE The City establishes design standards for multifamily developments which are outlined in City Code Division 20-XXIII-9 Design Standards for Multifamily Developments. Section 20-1088 describes the requirements for architectural style. 1. It states that “Architectural style shall not be restricted. Evaluation of the appearance of a project shall be based on the quality of its design and in relationship to its surroundings, guided by the provisions of this section. Site characteristics to be evaluated for this purpose include building and landscaping, colors, textures, shapes, massing of rhythms of building components and detail, height of roof line, setback and orientation. Designs that are incompatible with their surroundings or intentionally bizarre or exotic are not acceptable. Page 7 of 16 2. Monotony of design, both within projects and between adjacent projects and its surroundings, is prohibited. Variation in detail, form, and siting shall provide visual interest. Site characteristics that may be used for this purpose include building and landscaping, colors, textures, shapes, massing of rhythms of building components and detail, height of roof line, setback and orientation. 3. All building shall have a minimum of 20 percent of accent material. Accent material may include brick, stone cut face block or shakes. The use of any EFIS shall not be on the first story of any building or one story in height. Rendering of proposed development (Amelia/Sophia on left with Isla/Jasmine units on right) (Remaining of page left blank intentionally) Page 8 of 16 Proposed Elevations for “Amelia and Sophia” units Front Elevations Side Elevations Rear Elevation Amelia and Sophia Architectural Rendering Page 9 of 16 Proposed Elevations for “Isla and Jasmine” units Front Elevations Side Elevations Rear Elevations Isla and Jasmin Architectural Rendering Page 10 of 16 City Code requires that the percentage of materials used on the buildings to show that the 20% of accent material requirement is being met. Accent material may include brick, stone cut face block or shakes. Additionally, it appears that all lap siding is one common color as are all shake siding. Applicant to modify elevations to avoid monotony in design. Applicant is encouraged to review projects such as the townhome development at Pioneer Trail and Bavaria Road in Chaska as well as the West Park Townhomes in Chanhassen located in the area of Waters Edge Drive and Lake Susan Drive. LANDSCAPING The Applicant for the Pioneer Ridge development submitted tree canopy coverage and preservation calculations. Total upland area (excl wetlands, bluff) 11.03 acres Baseline canopy coverage 29% or 3.22 Minimum canopy coverage required 25% or 2.76 acres Proposed tree preservation 9% or 1.02 acres The developer does not meet minimum canopy coverage for the site; therefore the Applicant must bring the canopy coverage on site up to the 25% 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 2.76 acres Less canopy preserved 1.02 acres Minimum canopy coverage to be replaced 1.74 acres Multiplied by 1.2 2.09 acres or 91,040.4 sf Divided by 1089sf =Total number of trees to be planted: 84 trees Trees proposed to be planted: 217 trees The Applicant has submitted a landscape plan showing a total of 217 trees to be planted in the development. The Applicant shall include specific quantities for each species to ensure that the landscape plan meets the city’s requirements for species diversity. Bufferyard ‘B’ as defined in City Code Chapter 20-1176, plantings are required between the development and Bluff Creek Dr. as well as Pioneer Trail. Bufferyard ‘A,’ as defined in City Code Chapter 20-1176, plantings are also required between the proposed development and the Pioneer Pass development to the north. Required plantings/landscape area Proposed plantings Bufferyard B – West prop. line, 500’ 6 Overstory trees 12 Understory trees 15 marked plantings. Page 11 of 16 18 Shrubs Must specify classification by including symbology. Bufferyard B- South prop. Line, - 1,087’ 8 Overstory Trees 16 Understory trees 24 Shrubs 71 marked plantings. Must specify classification by including symbology. Bufferyard B- East prop line- 351’ 3 Overstory Trees 6 Understory trees 8 Shrubs 20 marked plantings. Must specify classification by including symbology. Bufferyard A- North prop. Line- 881’ 4 Overstory trees 7 Understory trees 11 Shrubs 64 marked plantings. Must specify classification by including symbology. WETLANDS On May 6, 2024, Westwood Professional Services submitted a wetland delineation and joint permit application. The City of Chanhassen, in its role as the local governing unit (LGU) overseeing the Wetland Conservation Act (WCA), approved the delineation. The Technical Evaluation Panel (TEP), which includes representatives from the city, Watershed District, MN Department of Natural Resources (DNR), Board of Water and Soil Resources (BWSR), and Carver County Soil and Water Conservation District (SWCD), is responsible for reviewing wetland applications, including wetland types and boundaries, as part of the WCA process. The delineation identified two small wetlands and one watercourse onsite. The Applicant provided documentation showing that these water resources were created by grading activities related to nearby developments and roadway projects. After reviewing the application and grading plans, the TEP concluded that the wetlands were incidental and not subject to WCA or city regulation. Both wetlands were linked to ditched areas excavated to manage stormwater runoff. GRADING & DRAINAGE The project site is located north of Pioneer Trail, east of Bluff Creek Drive, and south of Hemlock Way. It is currently undeveloped, primarily consisting of open prairie, with more forested areas to the east around the bluffs. There is an existing stormwater basin within a city-owned outlot along Bluff Creek Drive. The site is bordered to the north by single-family residences, to the east by bluffs and Bluff Creek, and to the south by County and MNDOT Right of Way. The existing stormwater basin collects drainage from the development to the north and portions of the site. About half of the site drains to the northeast down the bluff, with runoff ultimately flowing into Bluff Creek. The southern portion of the site drains under Pioneer Trail through a 24” culvert or into a swale at the southwest corner of the site, at the intersection of Pioneer Trail and Bluff Creek Drive. Under the proposed plan, the site would be mass graded to allow for the construction of roads, utilities, and homes. The proposed drainage patterns will be similar to existing conditions. The Page 12 of 16 northeastern portion of the site will continue to flow down the bluff toward Bluff Creek. The majority of the homes and roadways will drain to a water reuse pond located at the northeast corner, which will outlet down the bluff to Bluff Creek. A small portion of the roadway and homes will drain into an expanded version of the existing stormwater basin along Bluff Creek Drive. Runoff from the southeast corner of the site will be captured by an 18” reinforced concrete pipe, which will outlet into the existing 24” pipe that carries stormwater south. Overflow from the 18” pipe will flow southwest toward the intersection of Pioneer Trail and Bluff Creek Drive where it drains to County Right of Way. The proposed design will change how stormwater exits the site, particularly through the stormwater reuse pond outlet in the northeast. This pond and outlet will collect and convey stormwater in a more concentrated flow when compared to current conditions. Located at the top of the bluff, the concentrated flow combined with the steep, unstable bluff areas may cause erosion issues. Therefore, the applicant must develop a better solution to address this, such as routing the pond outlet through a storm sewer that conveys stormwater down the bluff. Additionally, the proposed design increases runoff rates at the southwest corner of the site, near the intersection of Pioneer Trail and Bluff Creek Drive. The runoff rate from the site cannot exceed current conditions, as such the Applicant must revise the design. Additional storage in the swale could help slow down the water leaving the site. The Applicant must resubmit a design with the final plat that ensures discharge rates match or are below those of existing conditions. Since the project alters how stormwater is discharged to the County and MNDOT Right of Way, the Applicant must obtain all necessary permits from Carver County and MNDOT. Conditional approval from all permitting agencies must be provided with the final plat application. EROSION CONTROL The proposed development will impact 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). A Surface Water Pollution Prevention Plan (SWPPP) was included in the preliminary plat submittal. The SWPPP is a required submittal element for final plat review along with the Erosion and Sediment Control Plan (ESCP) in accordance with Section 19- 145 of City Ordinance. 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 of 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. An approved SWPPP shall be submitted prior to recording the final plat. All erosion control shall be installed and inspected prior to initiation of site grading activities. Page 13 of 16 STORM WATER MANAGEMENT Article VII, Chapter 19 of the City Code outlines the stormwater management development standards. Section 19-141 specifies 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." These standards include runoff abstraction and water quality treatment, requiring the removal of 90% of total suspended solids (TSS) and 60% of total phosphorus (TP). The proposed project is located within the Riley Purgatory Bluff Creek Watershed District (RPBCWD) and is subject to its rules and regulations. A RPBCWD permit will be required for final plat approval. A Stormwater Management Report, dated August 16, 2024, was submitted for review to confirm that all stormwater management requirements, including rate control, volume abstraction, and water quality, are being met. The proposed site plans include a stormwater pond and an associated water reuse system for irrigating the green spaces within the development. Additionally, the Applicant proposes to enlarge the existing city-owned stormwater wet pond onsite. The Applicant submitted a permit application to the watershed district at the same time as the city's preliminary plat application. Design modifications are necessary to comply with all applicable rules. Therefore, the Applicant must provide conditional approval from the watershed district as part of the final plat application. Additionally, the Applicant must submit final versions of all modeling (HydroCAD and MIDS) and the updated Stormwater Management Report to address outstanding comments and confirm that rate, volume, and water quality requirements are met before the final site plan approval. The outlet for the stormwater reuse pond is located at the top of the bluff. The Applicant should extend the outlet with storm sewer further down the bluff to a less erosion-prone area. The proposed water reuse basin must also allow for maintenance access to the pond inlets and outlet, and an operation and maintenance agreement must be in place. The Applicant is required to collaborate with staff to optimize the stormwater design, addressing concerns related to future maintenance and erosion. The design includes two proposed best management practices (BMPs) located on private property. The reuse pond BMP, situated on the northeast side of the site, is intended solely to treat stormwater from private property. Therefore, it should be privately owned and maintained. The expanded BMP pond, on the other hand, will manage both public and private stormwater. To clarify future maintenance responsibilities, it is recommended that the expanded pond be separated from the public pond. The stormwater design is still being finalized, and there may be adjustments to the BMPs on site, including changes in number, size, or type, to meet stormwater regulations. As a result, the Applicant will work with staff to optimize the stormwater design and determine the ownership of the stormwater management facilities for the development. Page 14 of 16 The stormwater infrastructure for the development will be privately owned and maintained. A maintenance plan for any proposed best management practices (BMPs) will be required. The plan should include a maintenance schedule, identify the responsible party, and describe how the system will be cleaned as needed. The Applicant must submit a stormwater operations and maintenance plan as part of the final plat submittal. Additionally, the Applicant will be required to enter into a stormwater agreement with the city for any privately owned stormwater infrastructure onsite. RECOMMENDATION Staff recommends approval of the requested rezoning and preliminary plat applications subject to meeting the conditions outlined by staff listed below. STAFF REVIEW CONDITIONS PLANNING: 1. Update preliminary plat assigning a Lot and Block description for the land area consisting of the private road right of way. Alternatively, Applicant could identify this area as an outlot. 2. Modify Preliminary plat viewport on page 3 of 19 so all portions of the subject property are visible. The rectangular area identified behind Lots 1, 2, 3, and 4, Block 3 of Pioneer Pass to be placed into an Outlot and that Outlot dedicated to the City for the purposes of preservation as a result of a portion of that area being within the City’s Bluff Creek Corridor overlay district. 3. Modify Preliminary Plat to place bluff areas in the northwest area of the Plat into an Outlot to be deeded to the City for preservation purposes. 4. Applicant to provide the percentage of materials used on the buildings to show that the 20% of accent material requirement is being met. Accent material may include brick, stone cut face block or shakes. 5. It appears that all lap siding is one common color as are all shake siding. Applicant to modify elevations to avoid monotony in design as required by City Code. Applicant is encouraged to review projects such as the townhome development at Pioneer Trail and Bavaria Road in Chaska as well as the West Park Townhomes in Chanhassen located at the intersection of Waters Edge Drive and Lake Susan Drive. 6. While the minimum number of guest parking spaces are provided, they are congregated towards one end of the project. Staff recommends adding additional guest parking spaces on the western side of the project or redistributing the current number of spaces. 7. Update impervious coverage table on Preliminary Plat page to revise the Site area to exclude private right of way. Currently the notation indicates exclusion of public right of way. Update coverage percentage as a result. 8. Lot 16 Block 1, and Lot 17 Block 1 currently overlap. Revise preliminary plat so that lots do not overlap but maintain the minimum side yard setback between principal structures of 20 feet. Page 15 of 16 FORESTRY 1. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. 2. Developer to ensure that all trees are be planted outside of the private street right-of- way. 3. The applicant must update the landscape plan to include quantities and symbology of plant material to ensure species diversity requirements and bufferyard planting requirements are being met. 4. Applicant must include the existing condition of each tree as part of the tree survey. ENGINEERING: 1. The developer shall enter into Encroachment Agreements for all private improvements located within public drainage and utility easements or the public right-of-way, as approved by the City Engineer, prior to the issuance of building permits. 2. Any previously recorded easements located within the proposed public right-of-way or proposed public drainage and utility easements must be vacated prior to or concurrently with the final plat. 3. The developer and their engineer must amend the construction plans to fully address staff comments and concerns. Final construction plans are subject to review and approval by staff prior to the recording of the final plat. 4. Final plans shall include the 2025 City Standard Details and Specifications. 5. Provide a drainage and utility easement over drainage swales where applicable. 6. Any retaining walls associated with this project shall be privately owned or maintained by the Homeowners Association (HOA). 7. Based on the Traffic Impact Analysis, the existing hill on the southwest corner of the proposed development should be graded back to improve sight lines. Revise final plans accordingly. 8. Label the proposed lift station as privately owned. 9. The grading around Lot 1 does not tie into the existing 930’ contour. Revise accordingly. 10. Detail plates shall be formatted as two rows by four columns per page. Pedestrian ramps shall be formatted as two rows by two columns to improve readability. 11. Streetlights shall be owned and maintained by Xcel Energy. Provide the agreement for documentation when complete. Luminaires shall meet City standards. 12. The developer shall verify sight distance triangles. 13. The applicant shall provide a schedule for necessary private utility relocations. 14. Final plans shall show removals and design for connection to the existing sanitary sewer. 15. Sidewalk to be added along one side of the private roads to connect to existing city sidewalks and trails adjacent to the development site. City Code Section 18-78(b)(5). WATER RESOURCES: 1. The developer shall enter into a development contract with the City and provide necessary financial security to guarantee compliance with the terms of subdivision approval and construction of infrastructure onsite. Page 16 of 16 2. It is the developer’s responsibility to ensure that permits are received from all other agencies with jurisdiction over the project (i.e. Carver County, MCWD, Board of Water and Soil Resources, MnDOT, etc.) prior to the commencement of construction activities. 3. The developer and their Engineer shall work with City staff in amending the construction plans, dated December 13, 2025 prepared by Westwood Professional Services., to fully satisfy construction plan comments and concerns. Final construction plans will be subject to review and approval by staff prior to recording final plat. 4. The applicant shall secure condition approval from the watershed district prior to submitting the final plat application to the City. Verification of conditional approval shall be provided with the final plat application. 5. The applicant shall secure condition approval from the MnDOT and Caver County prior to submitting the final plat application to the City. Verification of conditional approval shall be provided with the final plat application. 6. The revised design shall address staff’s concerns with the concentrated drainage down the bluff and the discharge rates leaving the site. A memo describing the ultimate design solution may be required as determined by the City Engineer. 7. The applicant shall enter into an operations and maintenance agreement with the city for all privately owned stormwater infrastructure onsite. A draft maintenance plan shall be submitted with the final plat application. An HOA shall be created for the purpose of maintaining the stormwater infrastructure onsite. BUILDING: 1. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 2. Building permits must be obtained before beginning any construction. 3. Private 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. 4. A building permit must be obtained prior to demolishing any structures on the site. 5. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. FIRE: 1. All private roads shall be signed as “No Parking” at any time and apply to both sides of the private roads. The same shall apply to fire apparatus turn arounds, they too shall be signed as no parking.