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D-4. Glaccum Highlands7700 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: 952.227.1130 Fax: 952.227.1110 ml MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Stephanie Smith, Project Engineer Bob Generous, Senior Planner Terry Jeffery, Water Resources Coordinator DATE: September 14, 2015 SUBJ: Glaccum Highlands Final Plat, Development Contract, and Plans & Specifications — Planning Case #2015-18 PROPOSED MOTION "The Chanhassen City Council approves: 1. The final plat for Glaccum Highlands with a variance for encroachment into the bluff subject to the conditions of the staff report; 2. The development contract for Glaccum Highlands; and 3. The plans and specifications for Glaccum Highlands." Approval requires a simple majority vote of the City Council. PROPOSAL SUMMARY The applicant, Estate Development Corporation, is requesting final plat approval to create four lots, one outlot, and right-of-way for public streets for the property located at the northeast corner of Lake Lucy Road and Yosemite Avenue. BACKGROUND Public Works 7901 Park Place On July 27, 2015, the Chanhassen City Council approved rezoning the property from Phone: 952.227.1300 Rural Residential District (RR) to Single Family Residential (RSF) (contingent on final Fax: 952.227.1310 plat approval) and preliminary plat approval creating four lots with a Variance to the bluff setback. Senior Center Phone: 952.227.1125 SUBDIVISION REVIEW Fax: 952.227.1110 Website The applicant is creating four lots and one outlot from 3.12 acres. The plat will dedicate wwaci.chanhassen.mn.us the right-of-way for portions of Lake Lucy Road, Yosemite Avenue, and Lakeway Court, Chanhassen is a Community for Life - Providing forTodayand Planning for Tomorrow Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 2 which will have to be renamed since a Lakeway Court already exists. Lots 2-4, Block 1, will be accessed via Lakeway Court and Lot 1 will access via Yosemite Avenue. Outlot A contains a wetland and will be dedicated to the city and preserved as permanent open space. Additionally, a conservation easement shall be recorded over the extended wetland buffer area on the property. �LLy„+� nMuenm L OUTLOT A MEabN LAKE E 40..80 ttm T2 ✓ 4AW /1"r dc'�a' y� I .fie P �rrg +tip 1 I Sd< �y a mV I t gY = y 4 Li LAKEWAY COURT p + SixKWKW EASEMENTS The developer is recording an access easement from Lakeway Court to the property to the east over Lot 4 to provide potential future access to the property to the east, which could eliminate direct access to Lake Lucy Road, an arterial road in the city's roadway classification. A conservation easement ` is proposed adjacent to the wetland and along the northerly property line of Lot 4. This easement will > ' preserved existing trees and push grading farther f away from the wetland. :egtggi I I II , I I I 3 I I I Imo, I I I \\efs5\efs5\shared_data\plan\2015 planning cases\2015-18 glaecum rezoning & subdivision with variancesVinal plat\staff report fp.doc if4 fr' 1 ft t.. Ti•"ii : �'+`i\ �ti4 `was'•4abX n.Ffe. `\ J, I z 19 tJI I� �p srzr7i7 Gals V: ``i°i� s\`�. /l J N0N-8�N0FlfT LUCY ROAD EASEMENTS The developer is recording an access easement from Lakeway Court to the property to the east over Lot 4 to provide potential future access to the property to the east, which could eliminate direct access to Lake Lucy Road, an arterial road in the city's roadway classification. A conservation easement ` is proposed adjacent to the wetland and along the northerly property line of Lot 4. This easement will > ' preserved existing trees and push grading farther f away from the wetland. :egtggi I I II , I I I 3 I I I Imo, I I I \\efs5\efs5\shared_data\plan\2015 planning cases\2015-18 glaecum rezoning & subdivision with variancesVinal plat\staff report fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 3 GRADING Drainage Under existing conditions, the majority of the site drains to the north to City wetland 10-116-23• 02-031-A. This wetland is a Manage 2, Type 3 wetland dominated by cattails and reed canary grass which is hydrologically connected to a Manage 1 wetland. The drainage is conveyed through a culvert to Clasen Lake before heading through Curry Farms Park and onto Christmas Lake. The remainder of the site drains to Lake Lucy Road where it is picked up in the storm sewer and conveyed to Lake Lucy. Under proposed conditions, the watershed area will remain largely unchanged. The proposed cul-de-sac and portions of Lots 2, 3 and 4 will be treated through an underground infiltration facility. This facility is comprised of perforated pipe embedded in washed rock. Rates to Lake Lucy Road will be reduced under all modeled storm events post -development. Rates to the wetland will increase slightly— 0.70 cubic feet per second at most. The wetland can accommodate the input with zero discharge off-site and, therefore does not pose a threat to downstream areas. Under section 19-143, rates can increase if it can be demonstrated that "no adverse downstream effects will result from the proposed system." Given that the water is contained within the wetland, staff feels that this condition is met. The grading plan has incorporated the conditions of approval related to additional spot elevation and slope labels. The plan has been revised to include draintile service for Lot 1, Block 1 to promote drainage from the back to the front of the lot. Erosion Prevention and Sediment Control The proposed development will exceed 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). The applicant has prepared a draft Surface Water Pollution Prevention Plan (SWPPP) for the city's review. This SWPPP has been revised to be consistent with the NPDES Construction Permit and contains all required elements as listed in Parts III and IV of the permit with the exception of those items that will not be known until a contractor is selected. The erosion prevention and sediment control plans are consistent with Section 19-145 of city code. When individual building permit applications are submitted, an erosion control plan consistent with Section 19-145 of city code will be required specific to each lot. \\cfs5\cfs5\shared_data\plan\2015 planning cases\2015-18 glaccum rezoning & subdivision with vatiances\final plat\staff report fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 4 SITE CONSTRAINTS Wetland Protection The City of Chanhassen Wetland Inventory and the Minnehaha Creek Watershed Wetland Inventory both indicate a wetland immediately on, and adjacent to the subject property. The applicant has had the wetland delineated by a certified wetland delineator. Staff approved the delineation on July 17, 2015. The proposed plan does not result in any impacts to the wetland. The proposed buffer area meets the city requirements. In addition, a conservation easement is being proposed around the wetland to mitigate for the requested variance to make significant topographic alterations to the bluff area. The wetland area itself is being placed within an outlet which will be dedicated to the city. Bluff Protection There is a portion of the property that meets the criteria for bluff: having a vertical rise of at N„ least 25 feet, having a r_ a horizontal run of at least 50 - property. To illustrate this, Figure 1. Bluff area currently the slope on proposed Lot 1 is 2:1 or 50%. Under the proposed conditions, this area is reduced to 4:1 slopes. It is the case on all proposed lots that the slopes will never exceed 4:1. In some areas it is currently as steep as 65%. Shoreland Management The property does not lie within a shoreland area. Floodplain Overlay This property does not lie with a floodplain. \\cfs5\efs5\shared_data\plan\2015 planning cases\2015-18 glaccum rezoning & subdivision with variancesT-mal plat\staff report fp.doc wf OF feet and having a grade of at TOP SLOPE- least 33%. This bluff area is TOE OF SLOPE ° shown on figure 1 as stippled grey. The rest of the slope .I - �,---_-_ __.---�-" s xl�.,o fails to meet the re quired �� , rvs 25 foot vertical rise. MEETINGSLOPE XJ TM CODE B UFFCRITERIA f However, in many cases it is L s E is OT actually steeper than the bluff 25' N HE HTJII FR TO area. This means le people P °I�"°"' TOP � � could potentially build to the Xmeo� xu,•e oaq ms ( top of the slope even though T 4 it is no more stable than the ` ,__; area considered bluff. By . . IL F>`' - BLUFF A9'+ ZONE 'R[f.- LIiFF SlT�1R�E SETBACK grading as is proposed, these ----- __ - ---- -----_ - -_ areas of steep slope are LAKE Lae.` ROAD _ eliminated on the subject - property. To illustrate this, Figure 1. Bluff area currently the slope on proposed Lot 1 is 2:1 or 50%. Under the proposed conditions, this area is reduced to 4:1 slopes. It is the case on all proposed lots that the slopes will never exceed 4:1. In some areas it is currently as steep as 65%. Shoreland Management The property does not lie within a shoreland area. Floodplain Overlay This property does not lie with a floodplain. \\cfs5\efs5\shared_data\plan\2015 planning cases\2015-18 glaccum rezoning & subdivision with variancesT-mal plat\staff report fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 5 RETAINING WALLS An existing, limestone retaining wall runs along the southern property line adjacent to the Lake Lucy Road trail. This wall is in disrepair and it obstructs the sight lines for vehicles at the intersection with Yosemite Avenue. The proposed plan would remove this wall and grade the sight to reduce the visual obstruction. Removal of this wall would also benefit trail users by removing a hazard from the vicinity of the trail. The MnDOT Bikeway Facility Design Manual calls for a minimum of 20 inches clearance from the trail to retaining walls. The developer proposes three boulder retaining walls on this site: two on Lot 3, and one on Lot 4. The plan calls for a safety railing to be installed where the wall height is greater than 4 feet. The walls will be owned and maintained by the individual property owners. The plans shall show the top and bottom wall elevation for all proposed walls. The plan set states that all walls 4 feet in height or greater shall be designed by a structural engineer. \\cfs5\cfs5\shared_data\plan\2015 planning cases\2015-18 glaccum rezoning & subdivision with variances\final plat\staffreport fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 6 The walls on the north side of Lot 3, Block 1 are approximately 150 feet long. The lower wall is approximately 4 feet tall and the upper wall is approximately 6 feet tall. Walls over 6 -feet tall shall not be boulder walls. Tiered boulder walls with a combined total height greater than 6 -feet tall must have adequate spacing between such that they do not structurally impact one another. The vegetation between tiered walls shall be low or no maintenance. The wall on Lot 4, Block 1 is approximately 200 feet long with a maximum height of approximately 6.5 feet. It is located between the proposed home on Lot 4 and the eastern property line. The wall is outside the 5 -foot perimeter drainage and utility easement. STREETS The proposed street plan consists of a public cul-de-sac to access onto Lake Lucy Road opposite the intersection with Lakeway Drive. This 90 -foot diameter cul-de-sac will be named Lakeway Court and will provide access to 3 of the lots on this site as well as a possible future access to the property east of the site: 1430 Lake Lucy Road (see discussion in the Driveway section). The cul-de-sac is approximately 238 feet long with a profile grade of 5.00%, which meets the guidelines for public streets. A 50 -foot landing at 2.00% grade is provided for vehicles at the intersection with Lake Lucy Road. The plans have been revised to include a stop sign for traffic on Lakeway Drive to come to a stop before crossing or entering Lake Lucy Road. Future Connection to Lakeway Drive DRIVEWAYS AND TRAILS The plan has been revised to show proposed driveway elevations at the center of the proposed driveway at the curb line as well as the maximum slope on each driveway. The maximum allowed driveway grade is 10% at any point on the driveway. In the applicant's narrative for a variance request, one of the benefits listed is to allow future access reduction on Lake Lucy Road by providing a future access for the driveway of the adjacent property, 1430 Lake Lucy Road. This future connection would eliminate 2 accesses onto Lake Lucy Road, as 1430 has a u -shaped drive (see aerial photo). Lake Lucy Road is classified as a major collector in the 2030 Comprehensive Plan, therefore access reduction would be consistent with the plan. See the easement section for further discussion. \\cfs5\cfs5\shared_data\plan\2015 planning cases\2015-18 glaccum rezoning & subdivision with variancesTinal plat\staff report fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 7 The trail on Lake Lucy Road will be reconstructed as part of this proposed development. The plan has been revised to provide a minimum 5 -foot buffer per the MnDOT Bikeway Facility Design Manual recommended path separation from the roadway to increase safety. The pedestrian ramp at the corner of Lake Lucy Road and Yosemite Avenue shall be replaced with an ADA compliant pedestrian ramp. The City of Chanhassen standard detail plates for pedestrian ramps have been added to the plan set. SANITARY SEWER AND WATERMAIN The developer proposes to directionally bore a connection under Lake Lucy Road to the existing sanitary sewer manhole on Lakeway Drive. This connection is at a depth that allows sanitary sewer access to all the proposed lots on this development. The sanitary sewer main on site will be 8" PVC and shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. The developer shall connect to the existing watermain on Lake Lucy Road. The 8" watermain pipe shall be C900 and shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. The proposed sanitary sewer and water main shall become City -owned after construction and acceptance by the City Council. The preliminary staff report required the developer to extend the sanitary sewer and water main to the northern property line of Lot 1 for future connection of properties to the west. However, the City does not have a development concept for that property, so eventual development of that property may not require the northern extension. Furthermore, the topography of the area lends itself to constructing the sanitary sewer on the west side of Yosemite. The sanitary extension to the west line of the Glaccum property as shown in the plans will be sufficient. The extension to the northern property line will not be required for this development. STORM WATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required storm water management development standards. Section 19-141 states 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." \\cfs5\cfs5\shared_data\plan\2015 planning cases\2015-18 glaccum rezoning & subdivision with variances\fmal plat\staff report fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 8 The applicant is proposing an underground infiltration system located between Lot 2 and Lot 3. The outflow elevation for the system is at 1019 feet. The low floor elevation for Lot 3 is at 1019.8 feet. City code requires that a three (3) foot separation exists between the highest known groundwater elevation and the lowest floor elevation. Staff has discussed this with the consulting engineer. They are will either look to lower the system - which could prove difficult as it could potentially make the system too deep to maintain between the two houses — or they must stipulate in the development contract that the house on Lot 3 must be a left loaded garage. This would significantly increase the horizontal separation. The proposed system does meet the volume reduction requirements as well as the total phosphorus and total suspended solid reductions as required by NPDES and MCWD rules. The long term maintenance and operation of the system is of concern to city staff. As there are only four (4) homes in the development it is highly unlikely that the HOA, if one were to be formed, would have the resources to maintain the system. Even if the HOA was formed to assume maintenance of the system, Chanhassen, as an MS4 City, is required to assure that these systems are maintained and functioning properly. If this system is approved it would fall to the city to maintain and operate the system. Staff is concerned that this might expose the city with liabilities. The City's legal counsel should be involved in the drafting of any agreements relating to this facility. \\cfs5\cfs5\shared_data\plan\2015 planning cases\2015-15 glaccum rezoning & subdivision with variances\final plat\staff report fp.doc OUTLOT A 1 1 1 _ _ t 1 \ 4 1 s i - 3 ni r as Y tOCfO11O vmol�n ` \ 1 A 1. 1 +J i I I \ 1 r 1 2 IYl� 8 1 A \ •Nf rz i i c r ay ; —___._ ---------------------- -----Figure -----Figure 2. Utility plan - LOCY. ROAD groundwater elevation and the lowest floor elevation. Staff has discussed this with the consulting engineer. They are will either look to lower the system - which could prove difficult as it could potentially make the system too deep to maintain between the two houses — or they must stipulate in the development contract that the house on Lot 3 must be a left loaded garage. This would significantly increase the horizontal separation. The proposed system does meet the volume reduction requirements as well as the total phosphorus and total suspended solid reductions as required by NPDES and MCWD rules. The long term maintenance and operation of the system is of concern to city staff. As there are only four (4) homes in the development it is highly unlikely that the HOA, if one were to be formed, would have the resources to maintain the system. Even if the HOA was formed to assume maintenance of the system, Chanhassen, as an MS4 City, is required to assure that these systems are maintained and functioning properly. If this system is approved it would fall to the city to maintain and operate the system. Staff is concerned that this might expose the city with liabilities. The City's legal counsel should be involved in the drafting of any agreements relating to this facility. \\cfs5\cfs5\shared_data\plan\2015 planning cases\2015-15 glaccum rezoning & subdivision with variances\final plat\staff report fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 9 Storm Water Utility Connection Charges Section 4-30 of code sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense development type, the greater the degradation of surface water. This fee will be applied to the new lot of record being created. It is calculated as shown in the table below. Per acre rate I A licable Area (ac) Totals Water Quality $3,110.00 12.214 $6,885.54 Water Quantit $4,440.00 2.214 $9,830.16 -$3,110.00(0.5) 0.801 -$1,245.56 Total due at final plat 198 $15,470.15 ASSESSMENTS Water and sewer partial hook-ups are due at the time of final plat. The partial hook-up fees will be assessed at the rate in effect at that time. The remaining partial hook-ups fees are due with the building permit. COMPLIANCE TABLE @ 90 feet at the building setback line. Setbacks: RSF: front -30 -ft., side -10 -ft., rear -30 -ft., wetland buffer -20 ft., buffer setback -30 ft. Hard Cover: 25% DEVELOPMENT CONTRACT The attached development contract incorporates the conditions of approval for the final plat and construction plans and specifications. A $491,125.57 financial security is required to guarantee compliance with the terms of the development contract relating to site grading, the installation of public streets and utilities, one-year of public street light operating costs, engineering, surveying, inspection, landscaping and topsoil. \\cfs5\cfs5\shared_datMplan\2015 planning cases\2015-18 glaccum rezoning & subdivision with variances\final plat\staffreport fp.doc Area (sq. ft.) Frontage (ft.) De th (ft.) Notes Code (RSF) 15,000 90 125 Lot 1, Blk 1 20,096 110 198 Corner lot, wetland setback Lot 2, Blk 1 16,068 86@ 143 Corner lot Lot 3, Blk 1 21,697 55.67@ 164 Wetland setback Lot 4, Blk 1 21,696 169 260 Outlot A 19,342 0.44 acres, Wetland ROW 37,206 0.86 acres Total 136,105 3.12 acres @ 90 feet at the building setback line. Setbacks: RSF: front -30 -ft., side -10 -ft., rear -30 -ft., wetland buffer -20 ft., buffer setback -30 ft. Hard Cover: 25% DEVELOPMENT CONTRACT The attached development contract incorporates the conditions of approval for the final plat and construction plans and specifications. A $491,125.57 financial security is required to guarantee compliance with the terms of the development contract relating to site grading, the installation of public streets and utilities, one-year of public street light operating costs, engineering, surveying, inspection, landscaping and topsoil. \\cfs5\cfs5\shared_datMplan\2015 planning cases\2015-18 glaccum rezoning & subdivision with variances\final plat\staffreport fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 10 The cash fees for this project total $57,165.48. City funds are not needed as part of this private development project. PLANS & SPECIFICATIONS The applicant has also submitted detailed construction plans and specifications for staff review and City Council approval. Staff has reviewed the plans and specifications and finds the plans still need some minor modifications. Staff requests that the City Council grant staff the flexibility to administratively approve the plans after working with the applicant's engineer to modify the plans accordingly. The plans and specifications are available for review in the Engineering Department. REVIEW CONDITIONS OF APPROVAL Building: 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. *This condition still applies. 2. Engineered design and building permits are required for retaining walls exceeding four feet in height. *This condition still applies. 3. Each lot must be provided with a separate sewer and water service. *This condition still applies. 4. Demolition permits must be obtained before demolishing any structures. *This condition still applies. 5. Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is required. Permits are required, as applicable. *This condition still applies. 6. If applicable, existing home(s) affected by the new street will require address changes. *This condition still applies. Engineering: 1. The existing easements on the property shall be shown on the existing topography page of the plan set. *This condition has been met. \\cfs5\cfs5\shared_data\p1an\2015 planning cases\2015-18 glaccutn rezoning & subdivision with variancesTnal plat\staff report fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 11 2. The easement dimensions must be revised over the sanitary sewer to provide adequate area to excavate the pipe for future maintenance at a 1:1 slope (minimum), or a 1:1.5 slope (preferred). *This condition has been met. 3. The developer shall dedicate a conservation easement over the wooded area being preserved adjacent to the wetland. The conservation easement language must allow the property owner of Lot 3, Block 1 to perform proper maintenance and/or replacement of their lower retaining wall or the conservation easement and/or wall must be shifted to allow enough area for said maintenance. *This condition has been met. 4. Condition has been modified as follows: For future benefit, an access easement across Lot 4 must be granted to the property at 1430 Lake Lucy Road, or the portion of Lot 4 that lies between the cul-de-sac and 1430 Lake Lucy Road must be dedicated as public right-of- way to be recorded with the final plat. 5. The grading plan must be revised to include the proposed elevations at each lot corner. *This condition has been met. 6. Lot 1, Block 1 shall require drain tile service to promote drainage from the back to the front of the lot. *This condition has been met. 7. The wetland delineation is approved or, if need be, modified for approval and the setbacks and buffer areas are changed as necessary. *This condition has been met. 8. The Surface Water Pollution Prevention Plan shall be modified to include all elements as required in Parts III and IV of the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System. *This condition has been met. 9. The SWPPP shall list among the quantities the required volume of topsoil to spread six inches on all areas to be sodded or seeded. *This condition has been met. 10. The retaining walls will be owned and maintained by the individual property owners. *This condition still applies. \\cfs5\cfs5\shared_data\p1an\2015 planning cases\2015-18 glaccum rezoning & subdivision with variances\final plat\staff report fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 12 11. The plans shall show the top and bottom wall elevation for all proposed walls. *This condition has been met. 12. Walls over six feet high shall not be boulder walls. *This condition still applies. 13. Tiered boulder walls with a combined total height greater than six feet must have adequate spacing between such that they do not structurally impact one another. *This condition still applies. 14. The vegetation between tiered walls shall be low or no maintenance. *This condition has been met. 15. A stop sign shall be installed for traffic on Lakeway Drive before crossing or entering Lake Lucy Road. *This condition has been met. 16. The plan must show proposed driveway elevations at the center of the proposed driveway at the curb line as well as the maximum slope on each driveway. *This condition has been met. 17. The maximum allowed driveway grade is 10% at any point on the driveway. The Lot 1 and Lot 4 driveways must be revised to be under that maximum. *This condition has been met. 18. The plan shall be revised such that there is a five-foot buffer between the trail and traffic on Lake Lucy Road. *This condition has been met. 19. The pedestrian ramp at the corner of Lake Lucy Road and Yosemite Avenue shall be replaced with an ADA -compliant pedestrian ramp. *This condition has been met. 20. The City of Chanhassen standard detail plates for pedestrian ramps shall be added to the plan set. *This condition has been met. \\cfs5\cfs5\shared_data\plan\2015 planning cases\2015-18 glaccum rezoning & subdivision with variances\5nal plat\staffreport 1p.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 13 21. The sanitary sewer main on site shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. *This condition still applies. 22. The eight -inch watermain shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. *This condition still applies. 23. The proposed sanitary sewer and water main shall become city -owned after construction and acceptance by the City Council. *This condition still applies. 24. The city shall require the developer to extend the sanitary sewer and water main to the northern property line of Lot 1 for future connection of properties to the west. *This condition no longer applies. 25. The detail plates in the plan set must be updated with the most current City of Chanhassen plates. *This condition has been met. 26. The applicant's engineer shall provide the anticipated operations and maintenance requirements for the infiltration system and shall demonstrate to the satisfaction of the city, how maintenance, including excavation, can occur. *This condition has been met. 27. The applicant shall move MH 2 to the curb line and, if need be, move OCS 3 commensurate distance. 28. The sump depth of MH2 shall be four feet. *This condition has been met. 29. A total of $14,722.50 in storm water utility connection charges shall be due at time of final plat. *This condition shall be modified as follows: A total of $15,470.15 in storm water utility connection charges shall be due at time of final plat. 30. The applicant is responsible for procurement of, and compliance with, any other agency approvals that may be necessary. *This condition still applies. \\cfs5\cfs5\sbared_data\plan\2015 planning cases\2015-18 glaccum rezoning & subdivision with variances\fmal plat\staff report fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 14 31. Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. *This condition still applies. Environmental Resources: 1. Tree protection fencing will be required at the construction limits prior to any grading. *This condition still applies. 2. Lots 1 through 4 will have the following quantities of trees planted, as shown on the landscape plan dated 6/16/15: Lot 1 - 4 trees; Lot 2 - 3 trees; Lot 3 - 3 trees; Lot 4 - 4 trees. Bufferyard plantings will be located on Lots 1, 2 and 4. 3. Conservation easement signage shall be installed at property lines and directional changes. *This condition still applies. 4. All retaining walls must be located outside of the Conservation Easement. *This condition still applies. Fire: 1. Provide a three-foot clear space around the new fire hydrant. *This condition still applies. 2. No burning permits will be issued for tree, brush removal. *This condition still applies. 3. Submit proposed street name to Chanhassen Building Official and Fire Marshal for review and approval. *This condition still applies. There currently exists a Lakeway Court. A unique street name is required. 4. Street name sign shall be installed prior to any building construction. *This condition still applies In addition, based on review of the final plans, the following condition shall be added: 5. Consideration should be given to the size of the domestic water lines serving future homes. If any homes exceed 4,500 square feet, the building code now requires them to have a residential fire sprinkler system installed. Many homes have 1 -inch water lines. In some cases, the 1 -inch line is not capable of supplying the needed flow or pressure due to setbacks \\cfs5\cfs5\shared_data\plan\2015 planning cases\2015-18 glaccum rezoning & subdivision with variancesViinal plat\staffreport fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 15 or elevation changes. An upsize to 1'/ -inch water line in most cases will handle the required water supply. Discussion with a fire sprinkler contractor is highly recommended to assist with the design and flows required. Parks: 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected. One lot is being granted park fee credit in recognition of the existing single-family residence that was on the property. The park fees will be collected in full at the rate in force upon final plat submission and approval. *This condition shall be amended as follows: Park fees in the amount of $17,400.00 shall be paid prior to the recording of the final plat. RECOMMENDATION Staff recommends approval of the final plat, development contract and plans and specifications prepared by Alliant Engineering., dated 08/14/15 for Glaccum Highlands subject to the following conditions: Buildine: 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2. Engineered design and building permits are required for retaining walls exceeding four feet in height. 3. Each lot must be provided with a separate sewer and water service. 4. Demolition permits must be obtained before demolishing any structures. Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is required. Permits are required, as applicable. 5. If applicable, existing home(s) affected by the new street will require address changes. Engineerine: The developer shall dedicate a conservation easement over the wooded area being preserved adjacent to the wetland. The conservation easement language must allow the property owner of Lot 3, Block 1 to perform proper maintenance and/or replacement of their lower retaining wall or the conservation easement and/or wall must be shifted to allow enough area for said maintenance. \\cfs5\cfs5\shared_data\plan\2015 planning cases\2015-18 glaccum rezoning & subdivision with variancesVinal plat\staffreport fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 16 2. For future benefit, an access easement across Lot 4 must be granted to the property at 1430 Lake Lucy Road, or the portion of Lot 4 that lies between the cul-de-sac and 1430 Lake Lucy Road must be dedicated as public right-of-way to be recorded with the final plat. 3. The retaining walls will be owned and maintained by the individual property owners. 4. Walls over six feet high shall not be boulder walls. 5. Tiered boulder walls with a combined total height greater than six feet must have adequate spacing between such that they do not structurally impact one another. 6. The sanitary sewer main on site shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. 7. The eight -inch water main shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. 8. The proposed sanitary sewer and water main shall become city -owned after construction and acceptance by the City Council. 9. The applicant shall move MH 2 to the curb line and, if need be, move OCS 3 commensurate distance. 10. A total of $15,470.15 in storm water utility connection charges shall be due at time of final plat. 11. The applicant is responsible for procurement of, and compliance with, any other agency approvals that may be necessary. 12. Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. Environmental Resources: 5. Tree protection fencing will be required at the construction limits prior to any grading. 6. Lots 1 through 4 will have the following quantities of trees planted, as shown on the landscape plan dated 6/16/15: Lot 1 - 4 trees; Lot 2 - 3 trees; Lot 3 - 3 trees; Lot 4 - 4 trees. Bufferyard plantings will be located on Lots 1, 2 and 4. \\cfs5\cfs5\shared_data\plan\2015 planning cases\2015-18 glaccutn rezoning & subdivision with variances\final plat\staff report fp.doc Todd Gerhardt Glaccum Highlands Final Plat — Planning Case 2015-18 September 14, 2015 Page 17 7. Conservation easement signage shall be installed at property lines and directional changes. 8. All retaining walls must be located outside of the Conservation Easement. Fire: 1. Provide a three-foot clear space around the new fire hydrant. 2. No burning permits will be issued for tree, brush removal. 3. Submit proposed street name to Chanhassen Building Official and Fire Marshal for review and approval. 4. Street name sign shall be installed prior to any building construction. Consideration should be given to the size of the domestic water lines serving future homes. If any homes exceed 4,500 square feet, the building code now requires them to have a residential fire sprinkler system installed. Many homes have 1 -inch water lines. In some cases, the 1 -inch line is not capable of supplying the needed flow or pressure due to setbacks or elevation changes. An upsize to 1 % inch water line in most cases will handle the required water supply. Discussion with a fire sprinkler contractor is highly recommended to assist with the design and flows required. Parks: 1. Park fees in the amount of $17,400.00 shall be paid prior to the recording of the final plat. ATTACHMENTS 1. Reduced Copy Final Plat. 2. Development Contract. \\cfs5\efs5\shared_data\plan\2015 planning cases\2015-18 glaccum rezoning & subdivision with variancesTfmal plat\staff report fp.doc �E .. F C` a a 5 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA GLACCUM HIGHLANDS DEVELOPMENT CONTRACT (Developer Installed Improvements) TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL............................................................................ SP -1 2. CONDITIONS OF PLAT APPROVAL........................................................................ SP -1 3. DEVELOPMENT PLANS............................................................................................SP-1 4. IMPROVEMENTS........................................................................................................ SP -2 5. TIME OF PERFORMANCE.........................................................................................SP-2 4. 6. SECURITY....................................................................................................................SP-2 7. NOTICE.........................................................................................................................SP-3 IMPROVEMENTS.......................................................................................................GC-1 8. OTHER SPECIAL CONDITIONS................................................................................SP-3 6. 9. GENERAL CONDITIONS...........................................................................................SP-5 GENERAL CONDITIONS 1. RIGHT TO PROCEED.................................................................................................GC-1 2. PHASED DEVELOPMENT........................................................................................GC-1 3. PRELIMINARY PLAT STATUS................................................................................GC-1 4. CHANGES IN OFFICIAL CONTROLS.....................................................................GC-1 5. IMPROVEMENTS.......................................................................................................GC-1 6. IRON MONUMENTS..................................................................................................GC-2 7. LICENSE......................................................................................................................GC-2 8. SITE EROSION AND SEDIMENT CONTROL.........................................................GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING..................................................................................GC-2 9. CLEANUP...................................................................................................................GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-3 11. CLAIMS.......................................................................................................................GC-3 12. PARK DEDICATION..................................................................................................GC-3 13. LANDSCAPING..........................................................................................................GC-3 14. WARRANTY...............................................................................................................GC-4 15. LOTPLANS.................................................................................................................GC-4 16. EXISTING ASSESSMENTS.......................................................................................GC-4 17. HOOK-UP CHARGES.................................................................................................GC-4 18. PUBLIC STREET LIGHTING.....................................................................................GC-4 19. SIGNAGE.....................................................................................................................GC-5 20. HOUSE PADS..............................................................................................................GC-5 21. RESPONSIBILITY FOR COSTS................................................................................GC-5 22. DEVELOPER'S DEFAULT.........................................................................................GC-6 22. MISCELLANEOUS A. Construction Trailers........................................................................................GC-6 B. Postal Service....................................................................................................GC-7 C. Third Parties......................................................................................................GC-7 D. Breach of Contract............................................................................................GC-7 E. Severability.......................................................................................................GC-7 i F. Building Permits...............................................................................................GC-7 G. Waivers/Amendments.......................................................................................GC-7 H. Release..............................................................................................................GC-7 I. Insurance........................................................................................................... GC -7 J. Remedies...........................................................................................................GC-8 K. Assignability.....................................................................................................GC-8 L. Construction Hours...........................................................................................GC-8 M. Noise Amplification..........................................................................................GC-8 N. Access...............................................................................................................GC-8 O. Street Maintenance............................................................................................GC-8 P. Storm Sewer Maintenance................................................................................GC-9 Q. Soil Treatment Systems....................................................................................GC-9 R. Variances...........................................................................................................GC-9 S. Compliance with Laws, Ordinances, and Regulations.....................................GC-9 T. Proof of Title.....................................................................................................GC-9 U. Soil Conditions................................................................................................GC-10 V. Soil Correction................................................................................................GC-10 W. Haul Routes..........................................................................................................GC-10 X. Development Signs..............................................................................................GC-10 Y. Construction Plans...............................................................................................GC-10 Z. As -Built Lot Surveys...........................................................................................GC-11 ii CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) GLACCUM HIGHLANDS 1 AGREEMENT dated by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, Estate Development Corporation, a limited liability corporation (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for GLACCUM HIGHLANDS (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved 08/14/2015, prepared by Alliant Engineering, Inc. Plan B: Grading, Drainage and Erosion Control Plan dated 08/14/2015, prepared by Alliant Engineering, Inc. Plan C: Plans and Specifications for Improvements dated 08/14/2015, prepared by Alliant Engineering, Inc. Plan D: Landscape Plan dated 08/14/2015, prepared by Alliant Engineering, hic. SP -1 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading/Topsoil/Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install all required improvements except for the wear course on public streets by November 15, 2015. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, 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 $491,125.57. The amount of the security was calculated as 110% of the following: Site Grading/Erosion Control/Restoration Sanitary Sewer Watermain $165,514.01 $ 58,764.20 $ 26,217.00 Storm Sewer, Drainage System, including cleaning and maintenance $ 29,975.04 Streets $105,197.45 Sub -total, Construction Costs $385,667.70 Engineering, surveying, and inspection (7% of construction costs) $ 26,996.74 Landscaping (2% of construction costs) $ 7,713.35 Street lights and street signs (1 light @ $2,200 + 2 signs @ $250) $ 2,700.00 Topsoil (3.12 acres * $7500/acre) $ 23,400.00 Sub -total, Other Costs $ 60,810.09 TOTAL COST OF PUBLIC IMPROVEMENTS $446,477.79 SECURITY AMOUNT (110% of $446,477.79) $491,125.57 SP -2 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. 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: Thomas L. Gonyea Estate Development Corporation, LLC 15250 Wayzata Blvd Suite 101 Wayzata, MN 55391 Phone: 612-990-0666 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. 8. Other Special Conditions. A. SECURITIES AND FEES A $491,125.57 letter of credit or escrow for the developer -installed improvements, the $57,165.48 cash administration fee and the fully -executed development contract must be submitted and shall be submitted prior to scheduling a pre -construction meeting. The cash fee was calculated as follows: Administration Fee (3% of $446,477.79) $13,394.33 Surface Water Management Fee (per Paragraph 8, Subpart H-9) $15,470.15 Park Dedication Fee (per Paragraph 8, Subpart F) $17,400.00 Street Lighting Charge (1 light x $300/light) $300.00 GIS Fee ($25 plat + $10/parcel x 4 parcels) $65.00 Partial Sanitary Sewer Hookup Fee (per Paragraph 8, Subpart F-6) $2,708.00 Partial Water Hookup Fee (per Paragraph 8, Subpart F-6) $7,828.00 Total Cash Fee $57,165.48 SP -3 If the signs must be installed in frost conditions, an additional $250/post must be paid by the developer. B. The developer agrees to implement the recommendations listed in the September 14, 2015 staff report. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP -4 CITY OF CHANHASSEN WN (SEAL) AND: Denny Laufenburger, Mayor Todd Gerhardt, City Manager Estate Development Corporation, LLC: W, STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) Thomas L. Gonyea, President The foregoing instrument was acknowledged before me this _ day of , 2015, by Denny Laufenburger, 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 2015, by Thomas L. Gonyea, President of Estate Development Corporation, a limited liability company, on behalf of the company. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 SP -5 NOTARY PUBLIC EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: That part of the Southwest Quarter of the Northwest Quarter of Section 2, Township 116 North, Range 23 West, Carver County, Minnesota, described as follows: Commencing at the southwest corner of said Southwest Quarter of the Northwest Quarter; thence on an assumed bearing of South 88 degrees 03 minutes 48 seconds East along the south line of said Southwest Quarter of the Northwest Quarter a distance of 330.10 feet to the point of beginning; thence North 01 degrees 50 minutes 12 seconds East 331.80 feet to the intersection of the westerly extension of the south line of SHADOW RIDGE; thence South 88 degrees 03 minutes 48 seconds East 408.80 feet along the southerly line of SHADOW RIDGE 3rd ADDITION and SHADOW RIDGE; thence South 01 degrees 21 minutes 04 seconds West 331.81 feet along SHADOW RIDGE and SHADOW RIDGE 2nd ADDITION to the South line of the Southwest Quarter of the Northwest Quarter; thence North 88 degrees 03 minutes 48 seconds West 411.61 to the point of beginning. 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 HUZEVOCABLE 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,) 11; 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. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. L]1A Its CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" m4l ymwl1 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlets, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary GC -1 permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash GC -2 escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one-half (2%z) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between GC -3 October 1 through May 1 these conditions must be complied with by the following July 1 st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re -spread against the plat in accordance with City standards. 17. Hook-up Charges.. At the time of final plat approval the Developer shall pay 30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot in the plat in the amount specified in Special Provision, Paragraph 8, of this Development Contract. The balance of the hook-up charges is collected at the time building permits are issued are based on 70% of the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City GC -4 ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as -built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2'h%) of construction costs for the first $1,000,000 and one and one-half percent (1 V2%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. GC -5 C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. hi addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre -construction meeting for installation of public improvements. Trailers shall be removed from the subject property within GC -6 thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City GC -7 must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street GC -8 base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and stone drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2 -year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws. Ordinances and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall famish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. GC -9 V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi -lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. The Developer, the Developer's contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of ll"x17" reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2) two complete full-size sets of blue line/paper as -built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as -built survey is completed. If the weather conditions at the time of the as -built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as -built escrow withheld until all work is complete. Rev. 324/15 GC -10