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E-5. Arbor Cove DC for GradingCITY OF CHANHASSEN 7700 Market Boulevard PC 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 2 2 71110 Park & Recreation Phone: 952.2271120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.2271125 Fax: 952.227.1110 Web Site www.ci.chanhassennn.us C-5` MEMORANDUM TO: Paul Oehme, Dir. of Public Works /City Engineer FROM: Stephanie Bartels, Project Engineer DATE: May 12, 2014 V K SUBJ: Arbor Cove — Development Contract for Grading PROPOSED MOTION "The City Council approves the Development Contract for Grading for Arbor Cove." City Council approval requires a simple majority vote of the City Council present. GRADING AND DRAINAGE tMMWP The existing drainage pattern directs water northwest onto Dogwood Road. The outflow from a wetland in drainage area E3 (see Existing Drainage Map) has cut a channel into the ground which collects and concentrates the stormwater flow before directing it toward Dogwood Road. The proposed drainage plan directs much of the stormwater runoff onto Dogwood Road, similar to the existing conditions. The proposed design oos includes a curb cut which will pull the water back off of the street to the new filtration basin on Lot 1. The existing channel will be 4 redirected to carry water around the proposed b structure on Lot 1 and the filtration basin to the northern corner of Lot 1. The topography shown must label elevation ONE' OLN ONE 0. L contours for Dogwood Road adjacent to the proposed lots. J Grading plans must be revised to show PROPOSED DRAINAGE MAP proposed elevations at the center of the proposed driveways at the curb line. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Paul Oehme Arbor Cove — Development Contract for Grading May 12, 2014 Page 2 Proposed stockpile areas must be indentified on the plans. WETLANDS AND SHORELAND AREAS The site lies entirely within the shoreland district for Lake Minnewashta. Lake Minnewashta is a recreational development lake ( §20 -479). A minimum lot size for non - riparian, single - family lots within the shoreland district is 15,000 square feet with a minimum width of 90 feet ( §20 -480). These lots meet or exceed the shoreland requirements. Two flow - through wetland systems exist on the property immediately east and south of the proposed subdivision. Because these delineations are more than five years old they are no longer valid. However, they do provide a sound baseline to establish the probability that wetlands extend onto the proposed lots. Given the topography and the findings of the previous delineation, it does not seem likely that the wetlands indicated on the plan set do extend into any of the proposed lots. This will need to be verified when the growing season begins. Staff does not feel, even in the event the wetland extent is greater than shown, that it would impact the lots other than requiring that buffer is provided, demarcated and recorded against the plat. It should not impact the viability of the lots as suitable building sites. Because these are flow - through systems, the outlets for these needs to be accommodated in the site plan. The grading plan does provide for an overland flow and will be discussed further in the next section. DRAINAGE AND TREATMENT The stormwater management report was provided as part of the submittal. The applicant's engineer incorporated several of the design comments from a previous meeting between staff and the applicant design team. The applicant is proposing a bioretention- filtration feature to be located on Lot 1. The design for this feature is following the MN Stormwater Manual which can be found here: http:// stormwater .nca.state.mn.us /index.ohn ?title =Main Page &oldid= 12872. It has been the experience of staff, as well as that of the Carver County SWCD, that proper design of these features is critical to assure that they do not clog and cease to function over time. The site lies within the boundaries of the Minnehaha Creek Watershed District. Chanhassen is the permitting authority within this district for most rules. The developer shall be responsible for the construction of the biofiltration feature and shall make assurances that the plant materials, mulch and side slopes into biofiltration feature are maintained throughout the life of the feature. This is most typically accomplished though a Homeowners Association. The City will be responsible for maintenance of the underdrain, outlet pipe and inlet protection device at the curb. An operations and maintenance manual shall be developed describing how the feature will be maintained and by who. Tree preservation is being used to provide volume reduction and water quality benefits. This is an acceptable practice under the Minnehaha Creek Watershed District rules and guidance and the Carver County Watershed Management Organization rules and guidance as well as under the Minimum Impact Design Standards (MIDS) recommendations. The applicant's engineer provided g: \mg\pmjmts\a- e\arbor cove \140512_memo on development contract for gmding.doc Paul Oehme Arbor Cove — Development Contract for Grading May 12, 2014 Page 3 acceptable calculations for this credit. In order to garner the benefits, the area must be protected in perpetuity. This area within the preservation easement will not be included into the Surface Water Management connection fee charges. In the event that the area is not preserved in perpetuity, SWMP connection fees will be due at the time the easement is vacated. EROSION PREVENTION AND SEDIMENT CONTROL The development will result in a disturbance of greater than one (1) acre. The minimum threshold for requiring a NPDES Construction Permit is the disturbance of 1 acre or more. An NPDES permit will be required and a standalone Surface Water Pollution Prevention Plan must be developed. The SWPPP is required with preliminary submittal but must be reviewed and approved prior to any earth - disturbing activities associated with the project. Proof of permit will also be required to be on- site prior to any earth - disturbing activities. The SWPPP must include all elements required by the permit. The MPCA has developed a checklist for SWPPP review which is available on their website. EASEMENTS All existing easements shown in the plans must be properly referenced with the document number or plat they were dedicated under. A drainage and utility easement crosses the frontage of Lots 2, 3 and 4. The existing drainage and utility easements are preserved in the proposed plat. A conservation easement is proposed along the back of Lots 2, 3 and 4 as well as the east corner of Lot 1. A new drainage and utility easement over the filtration basin and the channel on Lot 1 will provide the City access to these stormwater facilities. CONDITIONS OF APPROVAL The Engineering Department recommends approval of the Development Contract subject to the following conditions: A. Demolition permits must be obtained before demolishing any existing structures. B. Prior to any grading, the applicant shall install tree preservation fencing using metal stakes around tree #33 on Lot 4. The fencing shall be placed at the dripline or the furthest point possible from the trunk and no closer than 20 feet. Within the fencing, the applicant shall spread a 3 to 4 -inch layer of woodchips to protect the root zone. These protections shall remain in effect until construction is completed. C. No slope may be steeper than 3:1. D. Grading plans must be revised to show proposed elevations at the center of the proposed driveways at the curb line. g: \eng \pmjects\a- e\afior cove \140512_memo on development contort for gmding.doc Paul Oehme Arbor Cove — Development Contract for Grading May 12, 2014 Page 4 E. The grading shall that direct water flow away from all structures. F. Proposed stockpile areas must be indentified in the plans. G. The following retaining wall materials are prohibited: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. H. Grading must be revised to include a swale at the top of the retaining walls for drainage. I. The topography shown must label elevation contours for Dogwood Road adjacent to the proposed lots. A Stormwater Pollution Prevention Plan (SWPPP) including all required elements listed in the General Permit Authorization to Discharge Stormwater Associated with Construction Activity under the National Pollution Discharge Elimination System/State Disposal System Program must be prepared and submitted to the city for review and approval. This includes, but is not limited to, grading contractor and their training credential and the training credential of the SWPPP designer as indicated in Part III F. K. The feature shall be kept offline until the vegetation has been established. Plans and the SWPPP must include this information and describe the methodology to be used to achieve this. L. The plans must meet all requirements set forth by other agencies with authority over the site. The applicant is responsible to procure all necessary approvals and permissions. This includes, among others, the MN Pollution Control Agency and the Minnehaha Creek Watershed District. M. The developer must continue to work with City staff to finalize the grading plan. N. An escrow totaling $9,649.75 (110% of the estimated erosion control for this development) is required for site grading. Attachment: Development Contract for Grading g: \eng \projects \a -e \arbor covey 40512_memo on development contract for grading.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ARBOR COVE DEVELOPMENT CONTRACT FOR GRADING PURPOSES CITY OF CHANHASSEN DEVELOPMENT CONTRACT ARBOR COVE AGREEMENT dated MAY 12, 2014 by and between the CITY OF CHANHASSEN, Minnesota municipal corporation (the "City "), and, DOGWOOD ROAD LLC, (the 'Developer "). 1. Development Plans. The plan shall be developed in accordance with the following plan: grading plan approved MAY 12, 2014, prepared by Otto Associates Engineering. 4. Security. To guarantee compliance with the plan the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ( "security ") for $9,649.75. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the security is drawn down, the draw shall be used to cure the default. 5. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: DOGWOOD ROAD LLC ATTN: TODD SIMNING 5605 ZUMBRA DRIVE EXCELSIOR, MN 55331 Phone: 612 -590 -8099 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Telephone: (952) 227 -1100 ON 6. Other Special Conditions. Building A. Demolition permits must be obtained before demolishing any existing structures. Natural Resources B. Prior to any grading, the applicant shall install tree preservation fencing using metal stakes around tree #33 on Lot 4. The fencing shall be placed at the dripline or the furthest point possible from the trunk and no closer than 20 feet. Within the fencing, the applicant shall spread a 3 to 4 -inch layer of woodchips to protect the root zone. These protections shall remain in effect until construction is completed. Engineering C. No slope may be steeper than 3:1. D. Grading plans must be revised to proposed elevations at the center of the proposed driveways at the curb line. E. The grading shall that direct water flow away from all structures. F. Proposed stockpile areas must be indentified in the plans. G. The following retaining wall materials are prohibited: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. H. Grading must be revised to include a swale at the top of the retaining walls for drainage. I. The topography shown must label elevation contours for Dogwood Road adjacent to the proposed lots. J. The developer must continue to work with City staff to finalize the grading plan. Water Resources K. A Stormwater Pollution Prevention Plan (SWPPP) including all required elements listed in the General Permit Authorization to Discharge Stormwater Associated with Construction Activity under the National Pollution Discharge Elimination System/State Disposal System Program must be prepared and submitted to the city for review and approval. This includes, but is not limited to, grading contractor and their training credential and the training credential of the SWPPP designer as indicated in Part III F. 2 L. The feature shall be kept offline until the. vegetation has been established. Plans and the SWPPP must include this information and describe the methodology to be used to achieve this. M. The plans must meet all requirements set forth by other agencies with authority over the site. The applicant is responsible to procure all necessary approvals and permissions. This includes, among others, the MN Pollution Control Agency and the Minnehaha Creek Watershed District. N. An escrow totaling $9,649.75 (110% of the estimated erosion control for this development) is required for site grading. CITY OF CHANHASSEN MN (SEAL) Ifs � Thomas A. Furlong, Mayor Todd Gerhardt, City Manager DOGWOOD ROAD LLC: STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) Todd M Simning, Its Chief Manager The foregoing instrument was acknowledged before me this day of 2014, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) (ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2014, by Todd Simning of DOGWOOD ROAD LLC, on behalf of the company. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227 -1100 F NOTARY PUBLIC EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section B, all in Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 00 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West, a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 638.58 feet; thence North 87 degrees 00 minutes 49 seconds West, a distance of 822.99 feet; thence South 01 degrees 58 minutes 09 seconds East, a distance of 206.39 feet: thence South 28 degrees 11 minutes 51 seconds West, a distance of 368.57 feet: thence South 41 degrees 10 minutes 18 seconds West, a distance of 410.76 feet; thence South 07 degrees 50 minutes 18 seconds West, a distance of 350.24 feet; thence South 13 degrees 35 minutes 53 seconds East, a distance of 397.22 feet; thence South 08 degrees 05 minutes 03 seconds East, a distance of 38.84 feet; thence North 89 degrees 43 minutes 07 seconds West about 385 feet, to the shoreline of Lake Minnewashta; thence Southerly along said shoreline, to the south line of said Government Lot 8; thence North 89 degrees 40 minutes 46 seconds East, along said south line of Government Lot 8 about 1756 feet to the southeast comer of said Government Lot 8; thence South 89 degrees 32 minutes 26 seconds East, along the south line of said Northwest Quarter of the Southwest Quarter, a distance of 1054.74 feet, to a point 248.27 feet westerly from the southeast corner of said Northwest Quarter of the Southwest Quarter; thence North 00 degrees 34 minutes 36 seconds West, a distance of 281.21 feet; thence South 89 degrees 40 minutes 26 seconds East, a distance of 225.90 feet; thence North 00 degrees 23 minutes 47 seconds West, a distance of 17.74 feet; thence North 89 degrees 05 minutes 22 seconds East, a distance of 20.56 feet, to the east line of said Northwest Quarter of the Southwest Quarter; thence North 00 degrees 54 minutes 38 seconds West; along last said East line, a distance of 1046.12 feet to said point of beginning. EXCEPT: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 00 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West, a distance of 18. 77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 131. 14 feet to the point of beginning of the land to be described; thence continuing South 71 degrees 39 minutes 26 seconds East, a distance of 486.30 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet; thence North 71 degrees 39 minutes 26 seconds West, a distance of 486.30 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 451.81 feet to the point of beginning. ALSO EXCEPT: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in Township 116 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 00 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West, a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet, to point hereinafter referred to as "Point A "; thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 115.18 feet to the point of beginning of the land to be described; thence continuing South 71 degrees 39 minutes 26 seconds East, a distance of 15.96 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet; thence North 71 degrees 39 minutes 26 seconds West, a distance of 131.14 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 40.62 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 355.20 feet to a point distant 638.58 feet northwesterly from the above referenced "Point A ": thence North 87 degrees 00 minutes 49 seconds West, a distance of 822.99 feet; thence South 01 degrees 58 minutes 09 seconds East, a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West, a distance of 303.66 feet; thence South 63 degrees 31 minutes 20 seconds East, a distance of 1266.35 feet to the intersection with a line bearing South 26 degrees 28 minutes 40 seconds West from the point of beginning; thence North 26 degrees 28 minutes 40 seconds East, a distance of 390.62 feet to the point of beginning. ALSO EXCEPT: All of ZIMMERMAN FARM 1 ST ADD1770N, according to the recorded plat thereof, including Lots 1 and 2, Block 1, and the roads dedicated to the public in said plat. ALSO EXCEPT: That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section Nine (9), Township One Hundred Sixteen (116) North, Range Twenty -three (23) West of the 5th Principal Meridian, described as follows: Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 00 degrees 32 minutes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West, a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 492.43 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 617.44 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 451.81 feet to the point of beginning of the land to be described; thence continuing North 10 degrees 46 minutes 16 seconds East, a distance of 56.31 feet; thence North 69 degrees 42 minutes 15 seconds West, a distance of 131.82 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 60.84 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 131.14 feet to the point of beginning. ALSO EXCEPT: That part of the Southwest Quarter of the Northwest Quarter, Section Nine (9), Township One Hundred Sixteen (116) North, Range Twenty Three (23) West of the 5th Principal Meridian, described as follows: Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West (based on a bearing of North 00 degrees 35 minutes 15 seconds West for a straight line between the northwest corner and the southwest corner of Section 9), a distance of 750.15 feet to the point of beginning of the land to be described; thence continue North 69 degrees 42 minutes 15 seconds West, a distance of 228.35 feet; thence South 36 degrees 06 minutes 16 seconds West, a distance of 18.77 feet to the northerly corner of the easterly end of Field Lane, dedicated in SUNSET HILL ON LAKE MINNEWASHTA, according to the found monumentation of the recorded plat thereof, thence South 38 degrees 21 minutes 19 seconds East, along said easterly end of Field Lane, a distance of 40.00 feet to the southerly corner of said easterly end of land as monumented; thence North 69 degrees 13 minutes 44 seconds West, along the southerly line of said Field Lane as monumented, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West, a distance of 40.62 feet; thence South 71 degrees 39 minutes 26 seconds East, a distance of 486.30 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 60.84 feet to said point of beginning. ALSO EXCEPT: The westerly 30 feet thereof. 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 ) ( ss. COUNTY OF ) 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 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 ) (ss. COUNTY OF ) 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 MREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated 2 of (Name of Bank) ; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty -five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. H% Its