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1a-1. Final Plat Approval for Powers Place and Powers Place Second Addition1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF -- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Powers Place and Powers Place Second Addition Final Plat March 13, 1995 Page 2 8. Fencing shall be placed around the stand of trees to minimize impact during construction. Protected trees lost due to construction must be replaced on a 1.2 canopy basis in accordance with a plan approved by staff. 9. A lighting plan shall be submitted for the interior private streets. 10. A revised landscaping plan which provide additional landscaping and berming along Powers Boulevard (County Road 17), and the westerly portion of the site. 11. Submit proposed street names to the Public Safety Department, Inspections Division for review prior to final plat approval. The plat must be revised to include the approved names after their review. 12. Fire Marshal conditions: a. An additional fire hydrant shall be installed at the new "T" intersection. The remaining fire hydrants shall be relocated with equal spacing. Fire hydrants shall placed a maximum of 300 feet apart. Contact the Chanhassen Fire Marshal for exact locations. b. Submit new street names for review and approval. C. A twenty foot wide fire lane must be maintained on the new proposed north/south street. "No Parking Fire Lane" signs shall be installed on both sides of the street with 75 foot spacing. 13. The applicant will need to develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook and the Surface Water Management Plan requirements for new developments. The plan shall be submitted to the City for review and formal approval. 14. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc - mulched or wood -fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 15. All utility improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed utility plans and specifications shall be submitted for staff review and City Council approval. The street shall be constructed in accordance to the city's private driveway ordinance for Powers Place and Powers Place Second Addition Final Plat March 13, 1995 Page 3 multifamily zoning (Ordinance #209). Issuance of permits and inspection of the utility lines will be performed by the city's Building Department. Streets and utilities, except ' the ponding areas, storm sewer outlet and pipe systems, shall be owned and maintained by the homeowners association. 16. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before construction begins and will charge the applicant $20 per sign. ' 17. The applicant shall provide detailed storm sewer calculations for 10 -year and 100 -year storm events and provide ponding calculations for stormwater quality /quantity ponds in ' accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall provide detailed predeveloped and post developed stormwater calculations for 100 -year storm events and normal water level ' and high water level calculations in existing basins and individual storm sewer calculations between each catch basin segment will also be required to determine if ' sufficient catch basins are being utilized. 18. The applicant shall enter into a site development contract with the City and provide ' the necessary financial security to guarantee compliance with the terms of the development contract. 19. Applicant will meet wetland rules and regulations as stated in Corps of Engineers section 404 permit, the state Wetland Conservation Act, and the City's Wetland Ordinance. Mitigation work shall be implemented prior to or concurrent with wetland ' fill activity in all phases of the project. 20. The applicant shall apply for and obtain permits from the appropriate regulatory ' agencies, i.e. Carver County Highway Department, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota ' Department of Transportation and comply with their conditions of approval. 21. The applicant shall include a drain tile system behind the curbs to convey sump pump ' discharge from the units. 22. The appropriate drainage and utility easements should be dedicated on the final plat ' for all utilities and ponding areas lying outside the right -of -way. The easement width shall be a minimum of 20 feet wide. Consideration should also be given for access for maintenance of the ponding areas. Powers Place and Powers Place Second Addition Final Plat March 13, 1995 Page 4 23. No berming or landscaping will be allowed within the right -of -way or utility and drainage easements without approval by the city. The applicant shall enter into an encroachment agreement. 24. The lowest floor elevation of all buildings adjacent to storm water ponds or wetlands shall be a minimum of 3 feet above the 100 -year high water level. 25. The proposed stormwater ponds must have side slopes of 10:1 for the first ten feet at the normal water level and no more than 3:1 thereafter or 4:1 throughout for safety purposes. The pond(s) shall be sized in accordance to the city's Surface Water Management Plan. 26. Water quality fees will be based in accordance with the City's SWMP. The requirement for cash in lieu of land and pond construction shall be based upon a schedule in accordance with the prescribed land use zoning. 27. Water quantity fees will be based in accordance with the City's SWMP. Storm sewer trunk fees will be evaluated based on the applicant's contribution to the SWMP design requirements. 28. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall re- locate or abandon the drain tile as directed by the City Engineer. 29. Prior to final platting, the applicant, county and city shall meet to discuss /resolve the specifics on pond design and access to the site. 30. No decks or any portion of the dwellings may encroach into the City's drainage and utility easements. 31. The curves in the private street lying south of the access shall be "softened" to accommodate public safety vehicle turning movements. 32. The plat should be redesigned to remove those lot lines which encroach upon the 25 foot building setback line 33. The applicant shall evaluate the potential for impacts to adjacent building foundations during the grading process. ' Powers Place and Powers Place Second Addition Final Plat ' March 13, 1995 Page 5 34. Retaining walls shall be engineered to incorporate subsurface drainage and surface water runoff. ' 35. The applicant shall provide a safety fence or other landscaping provision to help prevent children from falling over the retaining walls. These safety provisions or ' fencing shall be discussed and approved by city staff considering the discussion held at the Planning Commission meeting. Vegetation shall be added along the western edge of the retaining walls to provide additional buffering. ' 36. The applicant shall relocate Unit 20 to save the 24 and 30 inch oak trees. 2 of the 4 oak trees shall be saved in the vicinity of Unit 21, at a minimum, by relocating the ' placement of the unit. If it is not possible to save at least 2 of the 4 oak trees in that vicinity, the unit shall be omitted from the development. ' The City Council also approved the preliminary plat PUD #87 -3 as shown on the plans dated September 23, 1994, and subject to the following conditions: ' 1. Compliance with conditions of PUD and site plan. FINAL PLAT REOUEST The applicant is requesting final plat approval for Powers Place and Powers Place Second ' Addition. The site is being final platted in two additions. This does not impact the plat in any way. This first addition includes 24 lots and two outlots. The second addition includes the remaining 24 lots resulting in a total of 48 twin homes located within 24 structures. The ' plat includes the construction of a private street to serve the development. A wetland occupies the northern portion of the site. All structures maintain wetland setback requirements. Setbacks from the wetland shall be 50 feet with a 10 foot minimum buffer ' strip. A mature stand of trees occupy the southerly portion of the site. These trees will be protected by retaining walls to minimize impact of construction on them. During construction, fencing will be placed around the trees. ' Storm Water Quality Fees ' The water quality charge has been calculated at $1530 per acre for a multi - family (townhome) residential development. This proposed development of 9.3 acres would then be responsible for a water quality connection charge of $14,229. This includes a land cost estimate of $24,000 per acre and excavation fees. Credit may be given to the applicant for the construction of the permanent sediment basin and the land. This credit will be determined after staff receives and reviews final stormwater drainage calculations. Powers Place and Powers Place Second Addition Final Plat March 13, 1995 Page 6 Storm Water Quantity Fees Medium density developments will have a connection charge of $2,975 per developable acre. The proposed medium density development of 9.3 acres would then be responsible for a water quantity connection charge of $27,668. The applicant is required to hold the 100 -year storm on -site and discharge the runoff at predeveloped runoff rates under Powers Boulevard. Staff will review and calculate the credit, if any, after receiving the final storm drainage calculations. DRAINAGE The sediment basin adjacent to the wetland on the northern end of the parcel should be sufficient to retain 35% to 55% of the phosphorus loading before it enters the wetland. The existing 24" storm sewer underneath Powers Boulevard has been extended and upgraded in conjunction with Joe Miller's Lake Susan Hills West 9th Addition. In addition, Joe Miller's development constructed water quality basins to pretreat the runoff from this development and others prior to discharging into the wetlands downstream. Appropriate ponding will be necessary to maintain the desired level of flood protection for the area. The drainage plan for this development has been designed in conjunction with the upgrade of Powers Boulevard. Since the County road project has been delayed, interim measures such as sediment basins and maintaining a portion of the current ditch section have been incorporated to accommodate surface drainage from the site. The plans propose conveying storm runoff through a series of storm sewer pipes into a sediment basin prior to discharging into a wetland area on the north end of the project. The wetland will overflow into the storm sewer system into the existing 24 -inch storm sewer underneath Powers Boulevard. At the time of writing of this report City staff has not had time to review the final storm drainage calculations. Staff is confident that no major revisions will be necessary. Only minor revisions such as an additional catch basin or two are anticipated. GRADING Based on the construction drawings, both phases of the development will be graded initially in an effort to balance earthwork. The applicant is proposing to use retaining walls to minimize grading, tree loss and confine construction limits to within the property. The applicant has tiered the retaining walls to reduce the overall height. The retaining walls range from 2 to 8 feet in height. A fence and landscaping are proposed on the hillside above the retaining walls for safety purposes. With grading into the side of the hill, subsurface drainage most likely will be encountered. The applicant's retaining wall design does not provide Powers Place and Powers Place Second Addition Final Plat ' March 13, 1995 Page 7 means of accommodating the subsurface drainage. The applicant's engineer should take into account drain tiles along the perimeter of the retaining walls to address the situation. The overall site grading was to be coordinated with the upgrade of Powers Boulevard; however, due to delays with the project this site will be graded independently of Powers ' Boulevard construction. The ditch section along Powers Boulevard will temporarily remain in place until the Powers Boulevard project commences. As a result of this timing difference, not all of the proposed landscaping adjacent to Powers Boulevard will be able to be installed ' with Phase I. The County's project will encroach into the site to match the proposed grades. It has been agreed upon between the developer and City and County that upon completion of the County's grading the developer shall install the remaining landscaping. Staff has included ' security in the site plan agreement to insure that the landscaping will be installed in the future. EROSION CONTROL An erosion control plan has been incorporated into the grading and drainage plan. Staff recommends the applicant also install Type I erosion control fence adjacent to Powers Boulevard since the timing of these two projects differ. All disturbed areas as a result of construction shall be seeded and mulched or sodded within two weeks after completion. STREETS ' Access to the site is through one access point approximately in the middle of the site. This will serve both phases of the development. Auxiliary turn lanes will be provided with the ' upgrade of Powers Boulevard including a full median access. Additional right -of -way is not needed for the widening of Powers Boulevard. The applicant's engineer has been working with City staff and the County's Project Engineer to coordinate installation of the ' infrastructures and site grading with the future upgrade of Powers Boulevard. The private internal street to service this development is designed in accordance to the City's private street ordinance. No parking signs are proposed in accordance to the City Fire Marshal's ' recommendations. Upon completion of the project staff recommends the applicant supply the City with as -built drawings of the utility and street improvements. ' MISCELLANEOUS The landscape plan provided by the applicant shows numerous plantings and berms within the ' City's drainage and utility easement adjacent to Powers Boulevard. The City has reviewed the plans in relation with the existing utility lines and finds them acceptable; however, the applicant will be required to enter into an encroachment agreement whereby the City would Powers Place and Powers Place Second Addition Final Plat March 13, 1995 Page 8 not be responsible for replacing any landscaping materials that may be lost due to the result of maintenance of the City's infrastructures. The landscape plan will also need to be signed by a professional landscape architect. The home sites adjacent to Powers Boulevard are approximately 10 feet from the City's utility lines. Permanent structures such as decks or additions shall be prohibited from encroaching upon the City's easement. EASEMENTS The final plats for both phases shall provide the appropriate 10 -foot wide drainage and utility easement along the perimeter of the plat. CONDITIONS OF PRELIMINARY PLAT APPROVAL Preliminary plat PUD #87 -3 Wetland Alteration Permit #94 -5, and Site Plan Review #94 -7 as shown on the plans dated September 23, 1994 are subject to the following conditions: 1. A "No Parking" restriction shall be designated along the private streets. Appropriate "No Parking" restrictions /signs shall be placed on the private street. This condition is a duplication of condition #12c. Consequently it will be deleted. 2. Amend the PUD Contract to state the impervious surface coverage of the site cannot exceed 35 %. This condition will be met as part of this application approval. 3. The townhome units shall conform to the design and architecture as proposed by the applicant in their attached narrative. Introduce some variation among buildings facing powers boulevard, through the shape of windows, adding louvers, shifting entry ways, adding dormers, or color. Introduce new elements to break up the large roof span. This condition is still applicable. Staff will work with the applicant to ensure variation among buildings is achieved. 4. The applicant should submit a street lighting plan for the interior streets for staff review and approval. This condition is a duplication of condition #9. Consequently condition #9 will be deleted. Powers Place and Powers Place Second Addition Final Plat ' March 13, 1995 Page 9 5. A cross - access easement shall be conveyed to all the lots for use of the private street. ' This condition has been addressed in the private covenants for this development. The City Attorney has reviewed the document. It provides a cross - access easement to all lots to use the private street. ' 6. Park and trail dedication fees shall be paid in lieu of park land dedication. ' This condition is still applicable. 7. Plans shall provide one visitor parking space per 6 units. ' The lans reflect the required number of parking spaces. P q p 8. Fencing shall be placed around the stand of trees to minimize impact during construction. Protected trees lost due to construction must be replaced on a 1.2 canopy basis in accordance with a plan approved by staff. This condition is still applicable. Staff would recommend modifying the condition further and requiring a tree preservation easement to ensure protection of these ' trees. ' 9. A lighting plan shall be submitted for the interior private streets. This condition is a duplication of condition #4 and will be deleted. 10. A revised landscaping plan which provide additional landscaping and berming along Powers Boulevard (County Road 17), and the westerly portion of the site. The applicant has submitted a revised landscaping plan. Additional landscaping has been provided. Isanti Dogwood will be planted west of all proposed retaining ' walls and fences. The stretch along Powers Boulevard is adequately landscaped and is in keeping with the landscape ordinance requirements. Financial guarantees will be required to ensure installation of the required landscaping. 11. Submit proposed street names to the Public Safety Department, Inspections Division for review prior to final plat approval. The plat must be revised to include the ' approved names after their review. L� Powers Place and Powers Place Second Addition Final Plat March 13, 1995 Page 10 This condition is still applicable, however, needs to be modified since the streets will be private, the street names cannot be listed on the plats. The Public Safety Department shall review and approve the private street names prior to issuing any building permits. 12. Fire Marshal conditions: a. An additional fire hydrant shall be installed at the new "T" intersection. The remaining fire hydrants shall be relocated with equal spacing. Fire hydrants shall placed a maximum of 300 feet apart. Contact the Chanhassen Fire Marshal for exact locations. This condition has been met. b. Submit new street names for review and approval. This condition is a duplication of condition #11. Consequently, it will be deleted. C. A twenty foot wide fire lane must be maintained on the new proposed north/south street. "No Parking Fire Lane" signs shall be installed on both sides of the street with 75 foot spacing. This condition is still applicable. 13. The applicant will need to develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook and the Surface Water Management Plan requirements for new developments. The plan shall be submitted to the City for review and formal approval. This condition has been met. 14. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc - mulched or wood -fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. This condition is still applicable. Powers Place and Powers Place Second Addition Final Plat ' March 13, 1995 Page 11 15. All utility improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed utility plans and ' specifications shall be submitted for staff review and City Council approval. The street shall be constructed in accordance to the city's private driveway ordinance for multifamily zoning (Ordinance #209). Issuance of permits and inspection of the utility lines will be performed by the city's Building Department. Streets and utilities, except the ponding areas, storm sewer outlet and pipe systems, shall be owned and maintained by the homeowners association. ' This condition has been partially met. The condition will be amended to read "Issuance of permits and inspection of the utility lines will be performed by the ' City's Building Department. Streets and utilities, except the ponding areas, storm sewer outlet and pipe systems, shall be owned and maintained by the homeowners association." 16. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs after construction of the wetland mitigation areas and will charge the applicant $20 per sign. ' This condition is still applicable. 17. The applicant shall provide detailed storm sewer calculations for 10 -year and 100 -year ' storm events and provide ponding calculations for stormwater quality /quantity ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall provide detailed predeveloped and post developed stormwater calculations for 100 -year storm events and normal water level and high water level calculations in existing basins and individual storm sewer calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. This condition is still applicable. Staff received the information late and did not ' have time to review the documents to credit the applicant's SWMP fees. 18. The applicant shall enter into a site plan agreement with the City and provide the necessary financial security to guarantee compliance with the terms of the agreement. This condition needs to be modified. Most of the site improvements are private with the exception of some storm sewers and ponding. Therefore, the applicant will need to enter into a PUD /development contract. Powers Place and Powers Place Second Addition Final Plat March 13, 1995 Page 12 19. Applicant will meet wetland rules and regulations as stated in Corps of Engineers section 404 permit, the state Wetland Conservation Act, and the City's Wetland Ordinance. Mitigation work shall be implemented prior to or concurrent with wetland fill activity in all phases of the project. This condition is still applicable. 20. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County Highway Department, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. This condition should be modified. The applicant has received watershed district and health department approval. 21. The applicant shall include a drain tile system behind the curbs to convey sump pump discharge from the units. This condition is no longer applicable. The development has a storm sewer system to accommodate runoff from the dwellings. 22. The appropriate drainage and utility easements should be dedicated on the final plat for all utilities and ponding areas lying outside the right -of -way. The easement width shall be a minimum of 20 feet wide. Consideration should also be given for access for maintenance of the ponding areas. This condition has been partially met. Staff will modify the condition to read, "The final plats shall dedicate a 10 foot wide drainage and utility easement around the perimeter of both plats. 23. No berming or landscaping will be allowed within the right -of -way or utility and drainage easements without approval by the city. The applicant shall enter into an encroachment agreement. This condition needs to be modified. Staff has reviewed the landscape plan and finds the plant locations acceptable in relation to the existing utilities. The applicant will still need to enter into an encroachment agreement with the city. Powers Place and Powers Place Second Addition Final Plat ' March 13, 1995 Page 13 24. The lowest floor elevation of all buildings adjacent to storm water ponds or wetlands shall be a minimum of 3 feet above the 100 -year high water level. This condition is still applicable. 25. The proposed stormwater ponds must have side slopes of 10:1 for the first ten feet at the normal water level and no more than 3:1 thereafter or 4:1 throughout for safety purposes. The pond(s) shall be sized in accordance to the city's Surface Water ' Management Plan. This condition has been met. 26. Water ualit fees will be based in accordance with the City's SWMP. The q Y requirement for cash in lieu of land and pond construction shall be based upon a schedule in accordance with the prescribed land use zoning. This condition has been modified and will be combined with condition #27. 27. Water quantity fees will be based in accordance with the City's SWMP. Storm sewer trunk fees will be evaluated based on the applicant's contribution to the SWMP design. This condition has been modified to read "Storm water quantity and quality connection fees have been based in accordance with the City's SWMP. Storm water connection fees have been evaluated based on the applicant's contribution ' to the SWMP design requirements. Staff has calculated the fees at $27,668 and $14,229 respectively. Credit may be given and will be determined when the final stormwater drainage calculations are submitted. These fees are payable at time ' the final plat is recorded ". 28. The applicant shall report to the City Engineer the location of any drain tiles found ' during construction and shall re- locate or abandon the drain tile as directed by the City Engineer. ' This condition is still applicable. 29. Prior to final platting, the applicant, county and city shall meet to discuss /resolve the specifics on pond design and access to the site. This condition has been met. Powers Place and Powers Place Second Addition Final Plat March 13, 1995 Page 14 30. No decks or any portion of the dwellings may encroach into the City's drainage and utility easements. This condition is still applicable. 31. The curves in the private street lying south of the access shall be "softened" to accommodate public safety vehicle turning movements. This condition has been met. A guard rail has also been added on the south end of the curve. 32. The plat should be redesigned to remove those lot lines which encroach upon the 25 foot building setback line This condition needs to be modified. No structure shall encroach upon the 25 foot setback area including but not limited to decks and porches. 33. The applicant shall evaluate the potential for impacts to adjacent building foundations during the grading process. This condition is still applicable. Staff has contacted the applicant requesting the documentation. 34. Retaining walls shall be engineered to incorporate subsurface drainage and surface water runoff. This condition has been partially met. The applicant's engineer for the retaining walls still needs to address subsurface drainage. 35. The applicant shall provide a safety fence or other landscaping provision to help prevent children from falling over the retaining walls. These safety provisions or fencing shall be discussed and approved by city staff considering the discussion held at the Planning Commission meeting. Vegetation shall be added along the western edge of the retaining walls to provide additional buffering. This condition has been met. 0 The applicant shall relocate Unit 20 to save the 24 and 30 inch oak trees. 2 of the 4 ' oak trees shall be saved in the vicinity of Unit 21, at a minimum, by relocating the Powers Place and Powers Place Second Addition Final Plat ' March 13, 1995 Page 15 ' placement of the unit. If it is not possible to save at least 2 of the 4 oak trees in that vicinity, the unit shall be omitted from the development. This condition has been met. RECOMMENDATION Staff recommends the City Council approve the Final Plat PUD #87 -3 for Powers Place and ' Powers Place Second Addition as shown on the plans dated March 8, 1995 and subject to the following conditions: 1. Amend the PUD contract to state the impervious surface coverage of the site cannot exceed 35 %. ' 2. The townhome units shall conform to the design and architecture as proposed by the applicant in their attached narrative. Introduce some variation among buildings facing powers boulevard, through the shape of windows, adding louvers, shifting entry ways, ' adding dormers, or color. Introduce new elements to break up the large roof span. 3. The applicant shall submit a street lighting plan for staff review and approval prior to ' recording of the final plats. ' 4. Park and trail dedication fees shall be paid in lieu of park land dedication. 5. Tree protection fencing shall be placed around the stand of trees to minimize impact ' during construction. Protected trees lost due to construction must be replaced on a 1.2 canopy basis in accordance with a plan approved by staff. Tree preservation easements shall be dedicated over the stand of trees on the site prior to recording of ' the final plats. 6. Submit proposed street names to the Public Safety Department, Inspections Division ' for review and approval prior to issuance of any building permits. 7. A twenty foot wide fire lane must be maintained on the new proposed north/south ' street. "No Parking Fire Lane" signs shall be installed on both sides of the street with 75 foot spacing. ' 8. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc - mulched or wood -fiber blanket or sod within two weeks of Powers Place and Powers Place Second Addition Final Plat March 13, 1995 Page 16 completion of each activity in accordance with the City's Best Management Practice Handbook. 9. Issuance of permits and inspection of the utility lines will be performed by the city's Building Department. Streets and utilities, except the ponding areas, storm sewer outlet and pipe systems, shall be owned and maintained by the homeowners association 10. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before construction begins and will charge the applicant $20 per sign. 11. The applicant shall provide detailed storm sewer calculations for 10 -year and 100 -year storm events and provide ponding calculations for stormwater quality /quantity ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall provide detailed predeveloped and post developed stormwater calculations for 100 -year storm events and normal water level and high water level calculations in existing basins and individual storm sewer calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. 12. The applicant shall enter into a PUD /development agreement with the City and provide the necessary financial security to guarantee compliance with the terms of the agreement. 13. Applicant will meet wetland rules and regulations as stated in Corps of Engineers section 404 perniit, the state Wetland Conservation Act, and the City's Wetland Ordinance. Mitigation work shall be implemented prior to or concurrent with wetland fill activity in all phases of the project. 14. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County Highway Department, Metropolitan Waste Control Commission, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, and Army Corps of Engineers and comply with their conditions of approval. 15. The final plats shall dedicate a 10 foot wide drainage and utility easement around the perimeter of both plats. Powers Place and Powers Place Second Addition Final Plat March 13, 1995 Page 17 1 16. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall re- locate or abandon the drain tile as directed by the City ' Engineer. 17. No decks or any portion of the dwellings may encroach into the City's drainage and ' utility easements. 18. No structure shall encroach upon the 25 foot building setback line including but not ' limited to decks and porches. 19. Compliance with conditions of PUD and site plan. 20. The applicant's engineer ineer shall accommodate subsurface drainage in the design of the ' retaining walls. 21. The applicant shall evaluate the potential for impacts to adjacent building foundations ' during the grading process. 22. Upon completion of the County grading of Powers Boulevard, the developer shall install the remaining landscaping improvements along Powers Boulevard. A security escrow shall be held until the landscaping materials have been installed in accordance with the approved plan. ' 23. Type I erosion control fence shall be added to the grading/erosion control plan adjacent to Powers Boulevard. ' 24. Upon completion of the site improvements, the applicant shall supply the City with as- built construction drawings of the utility and street improvements. 25. The applicant and /or homeowners association will be required to enter into an encroachment agreement with the city for installation of landscaping materials that encroach upon the City's drainage and utility easement along Powers Boulevard (County Road 17). Permanent structures such as decks or additions shall be prohibited from encroaching upon the City's easement areas. ' 26. The landscape plan shall be revised to denote the types of planting material shown on the plan. In addition, the final plan shall be signed by a professional landscape ' architect registered in the State of Minnesota. Powers Place and Powers Place Second Addition Final Plat March 13, 1995 Page 18 27. In lieu of an acceptable turnaround at the south end of the private street, Lots 1 and 2, Block 1, Lots 1 and 2, Block 2, Lots 1 and 2, Block 3 and Lots 1 and 2, Block 4, Powers Place Second Addition, the dwellings shall be constructed with a residential sprinkler system acceptable to the city's Fire Marshal. 28. The lowest floor elevation of all buildings adjacent to storm water ponds or wetlands shall be a minimum of 3 feet above the 100 -year high water level." ATTACHMENTS 1. Final plat for Powers Place and Powers Place Second Addition dated March 8, 1995 and landscaping plan dated February 6, 1995.