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1b. Pioneer Pass: Approve Addendum A and Plans and Specs4 0 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: 952.2271130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM 11 TO: Paul Oehme, Director of Public Works /City Engineer FROM: Joseph Shamla, Project Engineer Terry Jeffery, Water Resources C ordinator. � DATE: September 26, 2011 SUBJ: Pioneer Pass: Approve Addendum A to the Development Contract; Approve Plans & Specifications for Mass Grading ( Outlots B, C & E) PROPOSED MOTION "The City Council approves Addendum A to the Development Contract and Plans and Specifications for Mass Grading Outlots B, C and E." City Council approval requires a simple majority vote of the City Council present. Upon review of the plans prepared by James R. Hill, Inc. received September 9, 2011,1 have the following comments and recommendations: GRADING AND DRAINAGE An overall drainage plan was developed for the entire site initially as Pioneer Pass. The drainage has not been altered from the original plan. Pond number two ( #2) will be rough graded in this amendment. An as -built of the pond will be required in the future when the storm sewer is connected to the pond to ensure that the pond is constructed per the approved plan. The proposed grading plan includes fill areas of approximately 20 feet. Soils with fills to these depths can have an issue with settlement if not placed properly. The applicant shall have a soils engineer monitor the construction to ensure proper placement and compaction of material. The storm water pollution prevention plan shall be updated per the current plan. Proposed driveway grades must be between 2% and 10 %. The conditions referring to grading on the approved preliminary plat must be addressed. According to the grading plan, material must be moved to the parkland across Bluff Creek Drive. The contractor will be closing the road temporarily to achieve Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Paul Oehme Pioneer Pass: Approve Addendum A to the DQ Approve Plans & Specifications for Grading September 26, 2011 Page 2 this goal. The date and duration of this closure must be approved by the City Engineer. The security posted for Pioneer Pass can also be used for any issue relating to the grading of Phase II. Minor changes are needed to the grading plan. The applicant shall revise the grading plan per the comments provided by staff (redlines). WETLAND & EROSION CONTROL This phase will result in the approved wetland impact. Because of this, it will be necessary to construct the mitigation area at this time. The applicant must provide a detailed site specific restoration plan which includes, at a minimum, Items 22 — 37 from the Minnesota Wetland Conservation Act Replacement Plan: Complete Application Checklist available on the Minnesota Board of Soil and Water Resources.) a. Wetlands are in profile and plan view; b. A detailed planting schedule; c. A detailed vegetation management plan including intermediate goals; d. Other elements consistent with the Minnesota Wetland Restoration Guide available from the MN Board of Soil and Water Resources. All other conditions of the wetland alteration permit must be met. (Chapter 20, Article VI) A Landowner Statement and Contractor Responsibility for Work in Wetland and Public Waters must be provided prior to any grading in Phase 2. The SWPPP needs to be modified to be specific to this site. The SWPPP must incorporate the requirements of Part III (Stormwater Discharge Design Requirements), Part IV (Construction Activity Requirements) and Appendix A for the project. A narrative describing the timing for the installation of all erosion prevention and sediment control BMPs required in Part III, Part IV and Appendix A must also be included in the SWPPP. After grading, the use of silt fence with j- hooks, staggered biorolls, straw wattles, rock logs or other appropriate BMP shall be installed to break up any run 75 feet or longer. This is to be shown on the grading and erosion control plan and indicated in the SWPPP. The plans must show the soils correction area or "temporary blister" area and include additional BMPs necessary to prevent erosion and sediment deposition from this area. Signage for the Bluff Creek Overlay District Primary zone shall be installed after the area is graded as well as in those areas where no grading is needed. The SWPPP, all modifications and all inspection reports shall be maintained on site. gAeng \projects \p -s \pioneer pass (fka peterson property) \09 -26 -1 I approve addendum and plans and specs.doex Paul Oehme Pioneer Pass: Approve Addendum A to the DC; Approve Plans & Specifications for Grading September 26, 2011 Page 3 All stockpile areas shall be indicated on the plan set. All exposed soil areas must be stabilized as soon as possible to limit soil erosion but in no case later than seven (7) days after the construction activity in that portion of the site tributary to Bluff Creek has temporarily or permanently ceased and no later than fourteen (14) days elsewhere. RETAINING WALLS There is approximately 750 LF of retaining wall proposed in this Addendum. This retaining wall is up to approximately 15 feet high. The retaining wall must be designed by an engineer licensed in the State of Minnesota. A soils engineer must be present during construction to ensure that the wall is constructed properly. A registered engineer must certify upon completion that it was built according to the approved plan. The plans must be revised to provide a connection to a drainage system for the roof down spouts and sump pumps to prevent the discharge from these items from going over the proposed wall. The applicant has not chosen a material for the wall at this time. Staff is aware of issues in Chanhassen of boulder walls greater than 6 feet in height which have failed. The applicant shall choose either wet or dry cast block approved by MnDOT specifications for the wall material. Due to the height of the wall, a fence shall be constructed above the wall for safety reasons. Any area in which the wall height is greater than four feet shall have a fence installed. The retaining walls constructed under this Addendum to the development contract shall be maintained by the Homeowners Association. RECOMMENDED CONDITIONS OF APPROVAL Staff recommends approval of the Addendum to the Development Contract for Pioneer Pass to include the grading for Pioneer Pass Phase II subject to the following conditions: 1. A pond as -built will be required when the storm sewer is connected to the pond. This will ensure the pond is constructed according to the approved plans. 2. The applicant shall have a soils engineer monitor the construction to ensure proper placement and compaction of material. 3. The storm water pollution prevention plan shall be updated per the current plan. 4. Proposed driveway grades must be between 2% and 10 %. 5. Conditions referring to grading on the approved preliminary plat must be addressed. 6. The date and duration of the Bluff Creek Drive closure for grading purposes must be approved by the City Engineer. gAeng \projects \p -s \pioneer pass (fka peterson property) \09 -26 -11 approve addendum and plans and specs.docx Paul Oehme Pioneer Pass: Approve Addendum A to the DQ Approve Plans & Specifications for Grading September 26, 2011 Page 4 7. The security posted for Pioneer Pass will also be used for any issues relating to the grading of Phase Il. The retaining wall must be designed by an engineer licensed in the State of Minnesota. A soils engineer must be present during construction to ensure that the wall is constructed properly. A registered engineer must certify upon completion that it was built according to the approved plan. 9. The plans must be revised to provide a connection to a drainage system for the roof down spouts and sump pumps to prevent the discharge from these items from going over the proposed wall. 10. The applicant shall choose either wet or dry cast block approved by MnDOT specifications for the wall material. 11. Due to the height of the wall, a fence shall be constructed above the wall for safety reasons. Any area in which the wall height is greater than four feet shall have a fence installed. 12. The retaining walls constructed under this Addendum to the Development Contract shall be maintained by the Homeowners Association. 13. The applicant shall revise the grading plan per the comments provided by staff (redlines). 14. This phase will result in the approved wetland impact. Because of this it will be necessary to construct the mitigation area at this time. The applicant must provide a detailed site specific restoration plan which includes, at a minimum, items 22 — 37 from the Minnesota Wetland Conservation Act Replacement Plan: Complete Application Checklist available on the Minnesota Board of Soil and Water Resources. a. Wetlands are in profile and plan view; b. Detailed planting schedule; c. A detailed vegetation management plan including intermediate goals; d. Other elements consistent with the Minnesota Wetland Restoration Guide available from the MN Board of Soil and Water Resources. 15. All other conditions of the wetland alteration permit must be met. (Chapter 20, Article VI) 16. A Landowner Statement and Contractor Responsibility for Work in Wetland and Public Waters must be provided prior to any grading in Phase 2. 17. The SWPPP needs to be modified to be specific to this site. gAeng \projects \p -s \pioneer pass (flea peterson property) \09 -26 -11 approve addendum and plans and specs.doex Paul Oehme Pioneer Pass: Approve Addendum A to the DC; Approve Plans & Specifications for Grading September 26, 2011 Page 5 a. The SWPPP must incorporate the requirements of Part III (Stormwater Discharge Design Requirements), Part IV (Construction Activity Requirements) and Appendix A for the project. A narrative describing the timing for the installation of all erosion prevention and sediment control BMPs required in Part III, Part IV and Appendix A must also be included in the SWPPP. 18. After grading, the use of silt fence with j- hooks, staggered biorolls, straw wattles, rock logs or other appropriate BMP shall be installed to break up any run 75 feet or longer. This is to be shown on the grading and erosion control plan and indicated in the SWPPP. 19. The plans must show the soils correction area or "temporary blister" area and include additional BMPs necessary to prevent erosion and sediment deposition from this area.Signage for the Bluff Creek Overlay District Primary zone shall be installed after area is graded as well as in those areas where no grading is needed. 20. The SWPPP, all modifications and all inspection reports shall be maintained on site. 21. All stockpile areas shall be indicated on the plan set. 22. All exposed soil areas must be stabilized as soon as possible to limit soil erosion but in no case later than seven (7) days after the construction activity in that portion of the site tributary to Bluff Creek has temporarily or permanently ceased and no later than fourteen (14) days elsewhere. Attachment gAeng \projects \p -s \pioneer pass (fka peterson property) \09 -26 -11 approve addendum and plans and specs.docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "A" TO PIONEER PASS DEVELOPMENT CONTRACT SPECIAL PROVISIONS AGREEMENTS dated September 26, 2011, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City "), and THE RYLAND GROUP, INC., a corporation under the laws of the State of Maryland (the 'Developer "). 1. BACKGROUND. The parties have previously entered into a development contract for Pioneer Pass dated September 13, 2010 (the "Development Contract "). The Development Contract was recorded on December 1, 2010 as Carver County Abstract Document No. A529909. The developer is now requesting amendments to the grading plan and conditions of approvals. 2. EXTENSION OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect with the modifications listed in the special conditions below. 3. SPECIAL CONDITIONS. In addition to the terms and conditions outlined in the development contract, the following amendments shall apply: a) Plan `B" Grading, Drainage and Erosion Control Plan dated September 13, 2010, prepared by JR Hill and Associates shall also include Phase 2 Grading, Drainage and Erosion Control plans dated September 9, 2011, prepared by J.R. Hill and Associates. b) Paragraph C on Page SP -5 shall be revised to add: 21. A pond as -built will be required when the storm sewer is connected to the pond. This will ensure the pond is constructed according to the approved plans. 22. The applicant shall have a soils engineer monitor the construction to ensure proper placement and compaction of material. 23. The storm water pollution prevention plan shall be updated per the current plan. 24. Proposed driveway grades must be between 2% and 10 %. 25. Conditions referring to grading on the approved preliminary plat must be addressed. 26. The date and duration of the Bluff Creek Drive closure for grading purposes must be approved by the City Engineer. 27. The security posted for Pioneer Pass can also be used for any issues relating to the grading of Phase 2. 28. The applicant shall revise the grading plan per the comments provided by staff (redlines). 29. The retaining wall must be designed by an engineer licensed in the State of Minnesota. A soils engineer must be present during construction to ensure that the wall is constructed properly. A registered engineer must certify upon completion that it was built according to the approved plan. 30. The plans must be revised to provide a connection to a drainage system for the roof down spouts and sump pumps to prevent the discharge from these items from going over the proposed wall. 31. The applicant shall choose either wet or dry cast block approved by MnDOT specifications for the wall material. 2 32. Due to the height of the wall, a fence shall be constructed above the wall for safety reasons. Any area in which the wall height is greater than four feet shall have a fence installed. 33. The retaining walls constructed under this Addendum to the Development Contract shall be maintained by the Homeowners Association. c) Paragraph D on Page SP -7 shall be revised to add: 15. Phase 2 grading will result in the approved wetland impact. Because of this, it will be necessary to construct the mitigation area at this time. The applicant must provide a detailed site specific restoration plan which includes, at a minimum, Items 22 — 37 from the Minnesota Wetland Conservation Act Replacement Plan: Complete Application Checklist available on the Minnesota Board of Soil and Water Resources. a. Wetlands are in profile and plan view; b. A detailed planting schedule; C. A detailed vegetation management plan including intermediate goals; d. Other elements consistent with the Minnesota Wetland Restoration Guide available from the MN Board of Soil and Water Resources. 16. All other conditions of the wetland alteration permit must be met. (Chapter 20, Article VI) 17. A Landowner Statement and Contractor Responsibility for Work in Wetland and Public Waters must be provided prior to any grading in Phase 2. 3 18. After grading, the use of silt fence with j- hooks, staggered biorolls, straw wattles, rock logs or other appropriate BMP shall be installed to break up any run 75 feet or longer. This is to be shown on the grading and erosion control plan and indicated in the SWPPP. 19. The plans must show the soils correction area or "temporary blister" area and include additional BMPs necessary to prevent erosion and sediment deposition from this area. 20. Signage for Bluff Creek Overlay District Primary zone shall be installed after area is graded as well as in those areas where no grading is needed. 21. The SWPPP, all modifications and all inspection reports shall be maintained on site. 22. All stockpile areas shall be indicated on the plan set. 23. All exposed soil areas must be stabilized as soon as possible to limit soil erosion but in no case later than seven (7) days after the construction activity in that portion of the site tributary to Bluff Creek has temporarily or permanently ceased and no later than fourteen (14) days elsewhere. 4. RECORDING. The Development Contract and this Addendum "A" shall be recorded against Outlots B, C and E in Pioneer Pass. IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and year first above written. CITY OF CHANHASSEN Thomas A. Furlong, Mayor (SEAL) mere Todd Gerhardt, City Manager 4 DEVELOPER: THE RYLAND GROUP, INC. Printed Name: Title: STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2011, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and 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 STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2011, by , the of The Ryland Group, Inc., a Corporation under the laws of the State of Maryland, on behalf of the corporation. Drafted by: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 5 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 ) COUNTY OF ( ss. The foregoing instrument was acknowledged before me this day of , 20_, by NOTARY PUBLIC rel 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 ) COUNTY OF ) ( ss. 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 g: \eng \dc \p -s \pioneer pass addendum a.doc 7