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D-11. Arbor Glen: Approve Final Plat, Development Contract, and Plans & SpecificationsCITY OF C HANHASSE N Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Stephanie Smith, Project Engineer Bob Generous, Senior Planner DATE: July 24, 2017 Q SUBJ: Arbor Glen Final Plat, Development Contract, and Plans & Specifications — Planning Case #2015-16 PROPOSED MOTION "The Chanhassen City Council approves: 1. The final plat for Arbor Glen subject to the conditions of the staff report; 2. The development contract for Arbor Glen; and 3. The plans and specifications for Arbor Glen Approval requires a simple majority vote of City Council. PROPOSAL SUMMARY The applicants, Arbor Glen Chanhassen, LLC and Gianetti Properties, LLC, are requesting final plat approval to create 18 lots and five outlots for the property located at the southwest comer of State Highway 101 and Lyman Boulevard. On July 11, 2016, the Chanhassen City Council approved the following: Rezoning of the Arbor Glen property from Agricultural Estate District, A-2, to Planned Unit Development — Residential, PUD -R; Conditional Use Permit for development in the Bluff Creek Corridor; and Preliminary Plat for Arbor Glen for a 21 lot subdivision with a Variance from the western perimeter setback. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 2 SUBDIVISION REVIEW The applicant is creating 18 lots and five outlots for the development of a detached townhouse residential subdivision. The applicant is reducing the number of lots from what was preliminarily approved (21) to reduce impervious surfaces, meet Watershed wetland buffer requirements and reduce infrastructure costs for the project. The applicant is proposing a planned unit development on an approximate 8.5 -acre parcel. Approximately 3.24 acres of the property is encumbered by a high-quality wetland and its buffer that is listed on the MN DNR Public Waters Inventory, which will be dedicated to the city. The land is zoned Planned Unit Development — Residential, PUD - R, and is guided Residential Low Density with a density of 1.2 to 4 lots per acre. The applicant is proposing 18 single-family residences as cottage or detached townhouse type units on the net 5.25 acres for a density of 3.43 units per acre. The access will be provided by extending Crossroads Boulevard into a private cul-de-sac across Lyman Boulevard. The property lies within the Bluff Creek Overlay District and the applicant is proposing to grade within the primary zone. RIGHT-OF-WAY AND EASEMENTS Right-of-way is dedicated along the northern and eastern portion of the property for Lyman Boulevard and Highway 101. A pipeline easement is dedicated to Williams Pipe Line Company, LLC for the high-pressure pipeline located across the northern part of the property. The applicant is showing proposed grading within the William Brothers Pipeline Easement. The applicant must obtain the required permitting prior to grading within the easement. The plat proposes to grant drainage and utility easements over Outlots B-E. The drainage and utility easements are shown in the plat around the perimeter of each lot as well as locations of public utilities. A larger backyard easement is required for Lots 2 and 3 to include the drainage way through the back of those parcels. A larger D&U easement is required on Lot 1 for a 1:1 minimum (1.5:1 preferred) excavation area for the proposed watermain. Encroachment agreements are required for any retaining wails located within a drainage and utility easement prior to construction of the walls. GRADING Drainage Per City Code §18-600), the grading plan must be revised to include the house pads and driveway locations, so staff can evaluate the driveway design and determine that the grading will send water away from all structures. If house plans are not known, then a 60'x 60' building pad and 30 -foot access driveway shall be used. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 3 Per City Code §20-481(e) (1), the lowest floor elevation must be a minimum of three feet above the highest known groundwater elevation. The soil boring, B1, found groundwater at elevation 914, but this water may be perched water rather than a stable groundwater elevation. Staff is concerned that Lots 6, 7, 12 and 13 have a full basement or lookout -style home that would put the lowest floor elevation at or slightly below the water elevation found at soil boring B 1. If water is encountered at any lot during construction, the low floor elevations of these proposed homes must be revised to comply with a three-foot separation from groundwater. This shall be coordinated with the Building Official. Graded slopes shall not exceed a 3:1 ratio. The grading of Lots 1, 2 and 3 channels the drainage at the back of the lot and sends the flow toward a catchbasin located on the property line of Lot 3 and Lot 4. The applicant shall install draintile on Lots 2 and 3 and dedicate a drainage and utility easement over that drainageway as it is serving multiple lots. 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 Stonnwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). The applicant has prepared a Surface Water Pollution Prevention Plan (SWPPP) and submitted it to the city for approval prior to final plat review and approval. The SWPPP must be updated to include additional required information after the contractor and subcontractors are selected. No earth disturbing activities may occur until the SWPPP is updated with all required information. This SWPPP shall be a standalone document consistent with the NPDES Construction Permit and shall contain all required elements as listed in Parts III and IV of the permit. The city has a checklist which they will make available to the consulting engineer. The erosion control plan shall be revised to show perimeter control around the stormwater pond until final stabilization. The plan shall note that erosion controls matting adjacent to the DNR Public Water be without netting to avoid trapping wildlife. SITE CONSTRAINTS Wetland Protection There is a large wetland on the property. This is the type 1 and type 3 fringe of a much larger type 5 wetland that extends south and west through city property towards Powers Boulevard. This wetland was delineated by Bopray Environmental on April 23, 2015. This wetland includes the Bluff Creek Overlay District primary zone. The proposed buffer shown on the plan is in Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 4 compliance with the Riley, Purgatory, Bluff Creek Watershed District requirements, which exceed those required by the city. The provided plan avoids any wetland fill or excavation based upon the submitted boundary. This wetland is classified as a manage 1 wetland according to the city's wetland protection plan. A manage 1 wetland requires a 25 -foot permanent buffer established and maintained with native vegetation. A 30 -foot setback from that buffer edge is required for all structures. The Riley Purgatory Bluff Creek Watershed District Rules were adopted in October of 2014 and went into effect in January of this year. The district requires an average buffer of 60 feet with a minimum buffer width of 30 feet. The district does allow ponds within the buffer area provided they maintain the minimum buffer width. Bluff Protection There are no bluffs on the property. There are areas with steep slopes and consideration should be given to these in the design of drainage and the placement of erosion prevention and sediment control practices. Shoreland Management The property lies beyond the shoreland overlay district for Lake Riley. As such, it will not be subject to shoreland requirements for land development. However, it does contain a DNR Public Water as indicated on the Carver County Public Waters Inventory map. Floodplain Overlay This property does not lie with a floodplain. RETAINING WALLS The applicant proposes a retaining Wall A along the western property line that will wrap around the southern edge of Lots 16, 17 and 18. This wall is approximately 415 feet long, with a height of 7 feet along the western property line and a height of 8 feet along the south. Wall A shall be owned and maintained by the HOA. The Emergency Overflow (EOF) between Lots 15 and 16 shall be directed away from Wall A. Staff recommends adjusting the low point of the street to between Lots 14 and 15. The grading plan for Lot 18 shows a 3:1 slope from the building pad to the edge of the property. This is likely to be problematic for the future homeowner's use of their yard and construction of a future patio. It is likely that additional retaining walls will be constructed on this lot. Retaining walls on Lot 18 cannot be constructed in a proximity to Wall A that would affect that structure unless the design is signed by a structural engineer licensed in the State of MN and takes the Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 5 effect on Wall A into account for the design. Staff recommends the applicant revise the grading design to create a level portion of the yard for Lot 18. Wall B is proposed near the proposed trail extension along Highway 101 and connecting to the retaining wall constructed with the Foxwood development to the south. Wall B is approximately 250 feet long and 6 feet tall. Top and bottom wall elevations shall be added to the grading plan. This wall shall be a distance of 3 feet preferred (20" minimum) from the trail. The city will own and maintain Wall B as it is constructed to support the earth and grading for the public trail along State Highway 101. 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I I I � IIIIIIII IIII?., I, _ IIIIIIIBill IIIII I 1111111 IILILILI II ��t,. trmnsea • - • - - �IIIIIIIIIIIIIIIIIiIII '11 Mme ' I IIIIIIIIIIIIIIII �,. . . . . . . . . .. . III �IIII'lII IIIIII�� ' III�I'I CIIIIIII � �. ' IIII1111.11 ' IIIIIIIIIIII. I IIIIII 111111111 --- �IIIILIIIIIIIIIII _ .'lll!IIIIIIIIIIIII_ '!11111 111111111 . II (IIIIIIIII LIIIIIjIII . . II1I f A fence is required at any location where a wall is greater than 6 feet tall and within 10 of Crossroads Court or the public trail system. Fence shall be no closer than 3 feet preferred (20" Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 6 minimum) from the trail. If preferred horizontal clearance cannot be achieved, warning signage on the trail is required. STREETS The applicant proposes construction of a private cul-de-sac named Crossroads Court. It is 24 feet wide and approximately 690 -foot long. Crossroad Court uses the existing access off of Lyman Boulevard and the plan set shows the removal of the existing access off State Highway 101. The profile of this street shows two changes of grade without the vertical curves that are required by City Code. The applicant's engineer shall work with city staff to either remove these grade changes or incorporate vertical curves into the profile. The horizontal alignment of Crossroads Court includes a 60 -foot radius curve. This radius does not meet requirements for a 30 mph roadway without superelevation per the MnDOT Roadway Design Manual. The applicant shall submit documentation for the design speed used for Crossroads Court and the anticipated signed speed. Speed signage for this curve shall be required. This private street will be owned and maintained by a Homeowners Association. A street light is required at the intersection of Lyman Boulevard and Crossroads Court. This light shall be owned by the city and maintained by MVEC (Minnesota Valley Electric Company). A $300 fee shall be collected with the development contract for electricity costs for the first year of operation. DRIVEWAYS, SIDEWALKS AND TRAILS The grading plan shall be revised to show driveway locations, or if house plans are unknown show a 30 -foot wide driveway access. The plan does not show the driveways, but does note the slopes for the driveways. The Lot 15 driveway slope is 10.4% and shall be revised. Driveway slopes shall be no greater than 10%. All driveways shall follow City Code §20-1122. The applicant shall construct a trail on the west side of TH 101, which shall be owned and maintained by the city. A retaining wall, Wall B, will be constructed in conjunction with the trail to support the grading needed for trail construction. The city will own and maintain Wall B. A fence is required at any location where a wall is greater than 6 feet tall and within 10 of Crossroads Court or the public trail system. Fence shall be no closer than 3 feet preferred (20" minimum) from the trail. If preferred horizontal clearance cannot be achieved, warning signage on the trail is required. The applicant's engineer's estimate for the cost associated with the trail construction is $82,778.23 to be paid by the city. A Limited Use Permit is required for the trail and retaining will within MnDOT right-of-way. The applicant has been working with city staff on the LUP application. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 7 A 5 -foot sidewalk is proposed to connect the development to the proposed State Highway 101 trail. The grading plan shows a 10% slope on the sidewalk. The applicant shall revise the grading plan or the sidewalk alignment to reduce the slope to meet ADA requirements. Pedestrian ramps to be installed as part of this project shall follow the MnDOT standard details for pedestrian ramp construction. SANITARY SEWER AND WATERMAIN Sanitary Sewer The applicant proposes to connect to the city sanitary system by tapping into an existing manhole located on the northwest part of the parcel at the access to Lyman Boulevard. This connection is at a depth that allows gravity sanitary sewer access to all the proposed lots on this development. The minimum sanitary sewer grade that the city will accept is 0.40%; therefore, setting the design grade to this minimum is not advisable. The plan must have a design grade that the developer and engineer are confident that the construction process will achieve the minimum of 0.40%. If the grade is flatter than 0.40% at the time acceptance is requested, the city will require the sanitary sewer be excavated and reconstructed to meet the grade requirement. Staff recommends use of 0.50% minimum design grade. The sanitary sewer main on site will be 8 -inch PVC and shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. The applicant shall revise their sanitary sewer plan to minimize the number of structures by eliminating MH#1 and adjusting the location of MH#2. The location of MH#3 shall be adjusted to reduce the spacing between MH#3 and MH#4 for ease of maintenance. The proposed sanitary sewer shall become city -owned after construction and acceptance by the City Council. Water Main The developer shall connect to an existing watermain stub on the property near the Lyman Boulevard access and loop their water through a connection to the 12" existing watermain along State Highway 101. The 8 -inch watermain pipe plans shall be revised to call out C900 as the pipe material and shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. The proposed water main shall become city -owned after construction and acceptance by the City Council. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 8 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." The applicant shall meet the minimum requirements for stormwater set forth in City Code §9 -VII and requirements of the Riley - Purgatory -Bluff Creek Watershed District. The city's consultant, WSB Engineering, has reviewed the stormwater plans submitted May 23, 2017. Based on the submittal, the applicant's design meets the requirements for volume control, rate control and water quality. Storm Water Utility Connection Charges These fees can be credited up to 50% if the design has a reasonable expectation of achieving abstraction of the first 1.1 inches of runoff from all proposed hardcover on the site. The wetland and buffer and upland area put into the outlot will be removed from the assessed property. This fee and credits are calculated as shown in the table below. The SWMP Fee is $42,500.80. The SWMP Credit given for meeting the 1.1" volume abstraction is $10,625.46. The applicant must still verify that the 1.1" abstraction is met for the site. The net SWMP Fee due at the time of final plat is $31,875.34. ASSESSMENTS Water and sewer partial hook-ups are due at the time of final plat. For 18 units, the sanitary partial fee is $12,438.00 and the water partial fee is $38,646.00. The remaining hook-up fees will be due with the building permit at the rate in effect at that time. PER ACRE VOLUME % of 1.1" SURFACE AREA FEE ACRES FEE WATER GROSS AREA $8,080 8.5 $ 68,680.00 DEVELOPMENT OUTLOT E - Wetland and Buffer $8,080 -3.24 $ 26,179.20 FEE Infiltration 6,189 6189.15 100% $ 10,625.46 NET AREA 5.26 $ 42,500.80 The SWMP Fee is $42,500.80. The SWMP Credit given for meeting the 1.1" volume abstraction is $10,625.46. The applicant must still verify that the 1.1" abstraction is met for the site. The net SWMP Fee due at the time of final plat is $31,875.34. ASSESSMENTS Water and sewer partial hook-ups are due at the time of final plat. For 18 units, the sanitary partial fee is $12,438.00 and the water partial fee is $38,646.00. The remaining hook-up fees will be due with the building permit at the rate in effect at that time. VOLUME VOLUME % of 1.1" SURFACE WATER for 1.1" REMOVAL VOLUME CREDIT ITEM ABSTRACTION PROVIDED REMOVED CREDIT Infiltration 6,189 6189.15 100% $ 10,625.46 The SWMP Fee is $42,500.80. The SWMP Credit given for meeting the 1.1" volume abstraction is $10,625.46. The applicant must still verify that the 1.1" abstraction is met for the site. The net SWMP Fee due at the time of final plat is $31,875.34. ASSESSMENTS Water and sewer partial hook-ups are due at the time of final plat. For 18 units, the sanitary partial fee is $12,438.00 and the water partial fee is $38,646.00. The remaining hook-up fees will be due with the building permit at the rate in effect at that time. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 9 LANDSCAPING A total of 58 overstory trees shall be included in the planting plan in addition to the required conifer and understory selections. An additional 10 overstory trees are to be added to the landscape plan dated 6-3-15 and revised 4/20/17. The applicant will submit a revised landscape. MISCELLANEOUS The intersection of Highway 101 and Lyman _ Boulevard is a key gateway and crossroad in the community. The city is requiring thatA�OQNNcEPTLANdevelopment at the corners provide a gateway treatment of fencing. The developer shall install a gateway element similar to that at Southwest Village which includes decorative fencing and landscaping. Additionally, the development plans show an entrance monument in Outlot A. This monument, as shown, does not comply with city code requirements. Monument signs must be a minimum of 10 feet from the property line and outside of the pipeline easement. A separate sign permit application and review is required prior to the installation of such signage. (staff report continued on next page) Todd Gerhardt Arbor Glen - Planning Case 2015-16 July 24, 2017 Page 10 COMPLIANCE TABLE Lot 18 - 20 foot perimeter setback Setbacks: front -25 -ft. to curb, side street -10 -ft., rear -0-11., wetland buffer -20 ft., buffer setback - 30 ft. Hard Cover: Maximum 2,942 square feet per lot a. Setbacks Area (sq. ft.) Width (ft. Depth ft. Hard Cover Max. sq. ft. Notes Code 5,000 50 100 2,942 L 1, Bl 7,143 66 109 2,942 Corner lot L 2, B 1 6,393 56 115 2,942 L 3, B 1 6,656 54 119 2,942 L4,13 1 6,603 54 122 2,942 L 5, B 1 6,604 54 1 122 2,942 L6,13 1 6,603 54 122 2,942 L7,13 1 6,603 54 122 2,942 L8,13 1 6,300 54 116 2,942 L 9, B 1 13,447 97 137 2,942 Eastern Perimeter L10, B 1 13,597 98 141 2,942 Eastern Perimeter L11,13 1 -Bl 6,830 57 125 2,942 L12, 6,411 54 113 2,942 L13, B 1 6,053 54 112 2,942 L14, B 1 5,976 54 111 2,942 L 15 B 1 6,323 57 111 2,942 L16, B 1 6,277 57 110 2,942 Wetland L17, B 1 5,572 54 103 2,942 Wetland L18,13 1 9,962 90 113 2,942 Wetland, Western perimeter 20 foot setback Outlot A 2,441 Entrance Monument (0.06 acres Outlot B 34,787 Green Space/ Pipeline Easement (0.8 acres) Outlot C 29,047 Private Street (0.67 acres) Outlot D 29,047 Storm water pond/infiltration 0.67 acres Outlot E 140,942 Wetland and buffer 3.24 acres Total 1 369,617 8.49 acres Lot 18 - 20 foot perimeter setback Setbacks: front -25 -ft. to curb, side street -10 -ft., rear -0-11., wetland buffer -20 ft., buffer setback - 30 ft. Hard Cover: Maximum 2,942 square feet per lot a. Setbacks Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 11 The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. #Western Perimeter is 20 Feet * The entire development, including the private street and outlots, may not exceed 25 percent hard coverage. DEVELOPMENT CONTRACT The attached development contract incorporates the conditions of approval for the final plat and construction plans and specifications. A $771,021.41 financial security is required to guarantee compliance with the terns of the development contract relating to site grading, erosion control, the installation of public utilities, private stormwater systems, one-year of public street light operating costs, engineering, surveying, inspection, landscaping and topsoil. The cash fees for this project total $213,482.72. 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. Standards Highway 101 and Lyman Blvd. 50 feet Perimeter Project Lot Lines 50 feet# Gas Pipeline 20 feet from easement Front - Interior private street 25 feet to curb; side yard (street) 10 feet to curb Side Lot Line 6 feet Hard Surface Coverage Maximum 2,942 square feet per lot Wetland: Buffer and buffer setback 20 feet and 30 feet Bluff Creek Primary zone boundary 40 feet Building Height 35 feet #Western Perimeter is 20 Feet * The entire development, including the private street and outlots, may not exceed 25 percent hard coverage. DEVELOPMENT CONTRACT The attached development contract incorporates the conditions of approval for the final plat and construction plans and specifications. A $771,021.41 financial security is required to guarantee compliance with the terns of the development contract relating to site grading, erosion control, the installation of public utilities, private stormwater systems, one-year of public street light operating costs, engineering, surveying, inspection, landscaping and topsoil. The cash fees for this project total $213,482.72. 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. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 12 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. Engineering: There is an existing field entrance (curb cut) on 101. The curb cut shall be removed since access will be from CSAH 18. *This condition has been met. 2. The drainage along the corridor right-of-way should remain in a similar flow direction. It appears from the contours that with the building of the berm there may be an area that does not drain. *This condition has been met. Any grading or other work within the road right-of-way will require a permit from Carver County. *This condition still applies. 4. The city shall require a drainage and utility easement to be granted over Outlot A. *This condition no longer applies. A 10 -foot easement is required on the rear lot lines of Lots 1 through 9, Block 3. *This condition shall be modified as follows: A 10 -foot easement is required on the rear lot lines of Lots ] 4watigh 9 10 - 18, Block 31. 6. The topography must show 100 feet beyond the property boundary to the west, including the first floor elevation of the building on the adjacent lot. *This condition has been met. The grading plan must be revised to include the house pads and driveway locations. This condition shall be modified as follows: The grading plan must be revised to include the house pads and driveway locations, or if house plans are unknown show a 30 -foot wide driveway access prior to grading. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 13 8. The low floor elevations of these proposed homes must be revised to comply with a three-foot separation from groundwater encountered during construction. This condition shall be modified as follows: The low flear elevations of these PrOpeSed heroes If water is encountered at any lot during construction, the low floor elevations of these proposed homes must be revised to comply with a three-foot separation from groundwater . This shall be coordinated with the Building Official. 9. The lowest building openings of Lots 5 and 6, Block 3 must be adjusted to a minimum of one foot above the emergency overflow (EOF) elevation or the EOF must be relocated. *This condition no longer applies. 10. A standard lot benching detail shall be included in the plan set. *This condition has been met. 11. The grading plan must be revised at the back of Lot 5, Block 2, between Lots 2 and 3, Block 3 and between the retaining walls to be no greater than 3:1. This condition shall be modified as follows: The grading «tan must be revised at «, back f Let C Bleek 7, ..,betee Tots 2 and betweenBlee. Z and between theretaining walls to be no gi-7eater Graded slopes shall not exceed 3:1 ratio. 12. The Surface Water Pollution Prevention Plan with all elements required by the NPDES Construction Permit shall be prepared and supplied to the city for approval with the final plat and prior to any earth -disturbing activities. *This condition still applies. 13. Proof of the NPDES Construction Permit having been procured by the applicant shall be supplied to the city prior to any earth -disturbing activities. *This condition still applies. 14. The entire buffer area shall be placed into Outlet C and the outlot shall be dedicated to the city. *This condition shall be modified as follows: Thee Air:, Niff _ area .,ha4l be plae,.,1 k4e Outlot E C and the etAle shall be dedicated to the city. 15. The trident underground storage and filtration system shall be located in a separate outlot from Outlot C. *This condition no longer applies. 16. A detailed planting schedule, including types and size of plants if plugs are to be used or the seed composition, source and application rate and method if the area is to be seeded, must be provided to the city for review and approval before final plat. Yellow tags for the plant source must be provided to the city. The plants shall be native and free of neonicotinoids. *This condition still applies. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 14 17. A detailed maintenance schedule for establishment of vegetation within the primary zone and buffer shall be provided to the city before final plat. *This condition still applies. 18. The soils within the buffer area shall be prepared by ripping to a depth of 12 inches to loosen them and shall meet MnDOT Specification 3877-3 for Sandy Clay Loam Topsoil Borrow. *This condition still applies. 19. All residential lots shall have a minimum of six inches of topsoil meeting the specifications for MnDOT Specification 3877-1 for Common Topsoil Borrow placed on all areas to be seeded or sodded. *This condition still applies. 20. Monuments indicating the Bluff Creek Overlay District shall be placed at every other property corner and at an angle of deflection greater than seven percent, but in no case shall they be greater than 150 feet apart. The signs shall be installed immediately subsequent to completion of final grade below the wall and before any building permits are issued for Lots 2 through 11, Block 3. The plans shall be changed to reflect this requirement before final plat. *This condition still applies. 21. Retaining walls shall be owned and maintained by a Homeowners Association (HOA). The plan set shall call out the material for these retaining walls. *This condition still applies. 22. Walls over six feet tall (Wall B) shall not be boulder walls. Tiered boulder walls with a combined total height greater than six feet tall must have adequate spacing between such that they do not structurally impact one another. *This condition has been met. 23. The vegetation between tiered walls shall be low or no maintenance. *This condition no longer applies. 24. The emergency overflow (EOF) between Lots 5 and 6, Block 3 flows towards Wall A and Wall B. Staff will work with the engineer designing the stormwater system and the structural engineer designing the walls regarding conveyance of the water or relocation of this EOF. *This condition shall be modified as follows: The emefge«e.. , veizflew (EOF) betwee Lots a and c Bley 3 flews tewafds Wall n d Wall n Staff will 1 • t- thp, engineef designingthe stefmwater system«b•„e desiong the w regarding eenve;anee of the water or r- ,1,,eati this `EOF The Emergency Overflow EOF. (EOF) between Lots 15 and 16 shall be directed away from Wall A. Staff recommends adjusting the low point of the street to between Lots 14 and 15. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 15 25. A vertical curve is required for the transition between +3.14% and -1.57% grade on the South Private Drive. *This condition shall be modified as follows: A vertical curve is required at forAe transitions between street 4=3.14,1; and 1.5771; grades on Crossroads Court the n Pri-�, a The applicant's engineer shall work with city staff to either remove these grade changes or incorporate vertical curves into the profile. 26. The curve and line table for the horizontal alignments of all streets must be revised to be consistent with the plan sheets. *This condition has been met. 27. The specifications for this project must be revised to match the current City of Chanhassen Standard Specifications and Detail Plates and the proposed plan set, including but not limited to the pavement design. *This condition has been met. 28. The applicant's engineer shall submit documentation for the design speed selection and show turning movements in the plan set to demonstrate that larger vehicles will be able to navigate the roadway curvature. *This condition shall be modified as follows: The horizontal alignment of Crossroads Court includes a 60 -foot radius curve. The applicant's engineer shall submit documentation for the design speed selection and show turning movements in the plan set to demonstrate that larger vehicles will be able to navigate the roadway curvature. Speed signage for this curve shall be required prior to construction. 29. The applicant must obtain permits from Carver County for construction of an access and all other work in their right-of-way. They must also comply with the comments received from the Carver County Engineering Office. *This condition still applies. 30. An ADA -compliant pedestrian ramp shall be constructed where the trail intersects Lyman Boulevard. *This condition has been met. 31. The City of Chanhassen Standard Detail Plates for pedestrian ramps shall be added to the plan set. *This condition has been met. 32. The applicant must obtain a permit for any work in the MnDOT right-of-way. *This condition still applies. 33. Profile grades shall be shown for the sidewalk and bituminous trail. *This condition has been met. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 16 34. The plan must have a design grade that developer and engineer are confident that the construction process will achieve the minimum of 0.40%. If the grade is flatter than 0.40% at the time of -acceptance is requested, the city will require the sanitary sewer be excavated and reconstructed to meet the grade requirement. Staff recommends use of 0.50% minimum design grade. *This condition still applies. 35. The 8 -inch watermain pipe plans shall be revised to call out C900 as the pipe material and shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. *This condition still applies. 36. The watermain connection to Highway 101 shall be relocated away from the stormwater infiltration system. *This condition no longer applies. 37. The proposed sanitary sewer and water main shall become city -owned after construction and acceptance by the city council. *This condition still applies. 38. The applicant must meet the storm water management standards prescribed in Section 19- 144 of city code which incorporates the NPDES construction permit by reference. This requires a volume reduction of 1.0 inches of water quality volume from all new impervious surfaces or provide evidence that the site, in its entirety, meets the criteria by which infiltration is infeasible as discussed in the NPDES permits. If adequate evidence is provided that infiltration is found to be infeasible, then the applicant must evaluate other methods of abstraction. *This condition still applies. 39. The proposed storm water management system must meet the required reduction in total phosphorus and total suspended solids. *This condition still applies. 40. The stormwater catch basins inside the cul-de-sac bubble shall be relocated to the curb line and comply with the Chanhassen Standard Detail for cul-de-sacs. *This condition no longer applies. 41. A Homeowners Association (HOA) must be established that is responsible for the maintenance and operation of the trident system if it is approved. *This condition shall be modified as follows: A Homeowners Association (HOA) must be established that is responsible for the maintenance and operation of the tAideHt water reuse system if it is approved. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 17 42. The city -authored maintenance agreement for stormwater management facilities shall be revised accordingly, executed and recorded against the property. *This condition still applies. 43. The applicant shall develop an operations and maintenance manual which shall specify anticipated inspection and maintenance, as well as schedule, necessary to ensure there is not significant decreases in the practices' efficacies. This operations and maintenance manual shall be referenced in the maintenance agreement. *This condition still applies. 44. SWMP fees estimated to be $33,346.50 are due at the time of final plat. *This condition shall be modified as follows: SWMP fees estimated to be $31,875.34 S33,3 46.50 are due at the time of final plat. 45. The applicant is responsible for applying for, procuring approvals from and meeting the requirements of all other agencies with jurisdiction over the project including, but not limited to, the Minnesota Pollution Control Agency and the Riley -Purgatory -Bluff Creek Watershed District. *This condition still applies. 46. 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 shall be modified as follows: Water and sewer partial hookups are due at the time of final plat. For 18 units, the sanitary partial fee is $12,438.00 and the water partial fee is $38,646.00. The remaining hook-up fees will be due with the building permit at the rate in effect at that time. The pEa4i .l beekep res • ill bee assessed at the rate in effeet a that timp, Based on review of the final plat submittal, staff recommends the following conditions be added: 1. Encroachment agreements are required for any retaining walls located within a drainage and utility easement prior to construction of the walls. 2. The applicant shall install draintile on Lots 2 and 3 and dedicate a drainage and utility easement over the backyard drainageway with the final plat. 3. Any draintile that crosses lot lines shall be owned and maintained by an HOA. 4. The erosion control plan shall be revised to show perimeter control around the stormwater pond until final stabilization. 5. The plan shall note that erosion controls matting adjacent to the DNR Public Water be without netting to avoid trapping wildlife. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 18 6. Top and bottom wall elevations for Wall B shall be added to the grading plan prior to the start of construction. 7. A fence is required at any location where a wall is greater than 6 feet tall and within 10 of Crossroads Court or the public trail system. Fence shall be no closer than 3 feet preferred (20" minimum) from the trail. If preferred horizontal clearance cannot be achieved, wanting signage on the trail is required. This must be complete prior to the city's acceptance of the public trail. 8. A street light is required at the intersection of Lyman Boulevard and Crossroads Court. This light shall be owned by the city and maintained by MVEC (Minnesota Valley Electric Company). A $300 fee shall be collected with the development contract for electricity costs for the first year of operation. 9. The Lot 15 driveway slope is 10.4% and shall be revised prior to grading. Driveway slopes shall be no greater than 10%. 10. All driveways shall follow City Code §20-1122. 11. The grading plan shows a 10% slope on the sidewalk. The applicant shall revise the grading plan or the sidewalk alignment to reduce the slope to meet ADA requirements prior to construction. 12. The location of Sanitary MHO shall be adjusted to reduce the spacing between MHO and MH#4 for ease of maintenance prior to construction of the utilities. 13. The applicant shall verify that they have meet the minimum requirements for stormwater set forth in City Code §9 -VII and requirements of the Riley -Purgatory -Bluff Creek Watershed District prior to grading on site. Environmental Resources: 1. A total of 18 additional overstory trees shall be planted throughout the development. The applicant will submit a revised landscape plan. *This condition has been met. A wetland buffer restoration plan shall be included in the revised landscape plan. *This condition has been met. 3. The applicant shall submit a tree inventory and tree preservation calculations as required by ordinance prior to final plat review and approval. *This condition has been met. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 19 Fire: 1. Provide/maintain three-foot clear space around fire hydrants. *This condition still applies. 2. The two private driveways will be required to have address signage which shall be submitted to the Chanhassen Building Official and Fire Marshal for review and approval. *This condition has been met. "Crossroads Court" is acceptable. 3. Relocate the proposed fire hydrant located by Lot 1, Block 2 to the property line between Lots 3 and 4, Block 2. *This condition has been met. 4. Prior to combustible home construction, fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. *This condition still applies. 5. Street signs (temporary allowed) shall be installed prior to building permits being issued. The Fire Marshal must approve street signage. *This condition still applies. 6. Prior to combustible construction fire hydrants shall be made serviceable. *This condition still applies. Parks: 1. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. *This condition still applies. 2. Construction of Great Plains Boulevard trail from the southwest intersection of Lyman Boulevard and Great Plains Boulevard traveling south for approximately 675 feet to the southern terminus of the property. The developer shall provide design, engineering, construction and testing services required of the Great Plains Boulevard trail. All construction documents, including material costs, shall be delivered to the Park and Recreation Director and City Engineer for approval prior to the initiation of construction. The trail shall be 10 feet in width, surfaced with asphalt and constructed to meet all city specifications. The applicant shall be reimbursed by the city for the cost of the aggregate base, trail surfacing, and storm water systems utilized to construct the trail as well as for redesign of the plans if necessary. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation, design, engineering and testing services are not reimbursable expenses. *This condition shall be modified as follows: Construction of Great Plains Boulevard trail from the southwest intersection of Lyman Boulevard and Great Plains Boulevard Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 20 traveling south for approximately 675 feet to the southern terminus of the property. The developer shall provide design, engineering, construction and testing services required of the Great Plains Boulevard trail. All construction documents, including material costs, shall be delivered to the Park and Recreation Director and City Engineer for approval prior to the initiation of construction. The trail shall be 10 feet in width, surfaced with asphalt and constructed to meet all city specifications. The applicant shall be reimbursed by the city for the cost of the aggregate base, trail surfacing, retaining wall, fence and storm water systems utilized to construct the trail as well as for redesign of the plans if necessary. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation, design, engineering and testing services are not reimbursable expenses. Planning: 1. The developer shall install a gateway element similar to that at Southwest Village which includes decorative fencing and landscaping. *This condition still applies. RECOMMENDATION Staff recommends approval of the final plat, development contract and plans and specifications prepared by Sathre-Berquist, dated 4/21/2017 for Arbor Glen subject to the following conditions: Building: 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. 5. Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is required. Permits are required, as applicable. Engineering: 1. Any grading or other work within the road right-of-way will require a permit from Carver County. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 21 2. A 10 -foot easement is required on the rear lot lines of Lots 10 - 18, Block 1. 3. The grading plan must be revised to include the house pads and driveway locations, or if house plans are unknown show a 30 -foot wide driveway access prior to grading. 4. If water is encountered at any lot during construction, the low floor elevations of these proposed homes must be revised to comply with a three-foot separation from groundwater. This shall be coordinated with the Building Official. 5. Graded slopes shall not exceed 3:1 ratio. 6. The Surface Water Pollution Prevention Plan with all elements required by the NPDES Construction Permit shall be prepared and supplied to the city for approval with the final plat and prior to any earth -disturbing activities. 7. Proof of the NPDES Construction Permit having been procured by the applicant shall be supplied to the city prior to any earth -disturbing activities. 8. The Outlot E shall be dedicated to the city. 9. A detailed planting schedule, including types and size of plants if plugs are to be used or the seed composition, source and application rate and method if the area is to be seeded, must be provided to the city for review and approval before final plat. Yellow tags for the plant source must be provided to the city. The plants shall be native and free of neonicotinoids. 10. A detailed maintenance schedule for establishment of vegetation within the primary zone and buffer shall be provided to the city before final plat. 11. The soils within the buffer area shall be prepared by ripping to a depth of 12 inches to loosen them and shall meet MnDOT Specification 3877-3 for Sandy Clay Loam Topsoil Borrow. 12. All residential lots shall have a minimum of six inches of topsoil meeting the specifications for MnDOT Specification 3877-1 for Common Topsoil Borrow placed on all areas to be seeded or sodded. 13. Monuments indicating the Bluff Creek Overlay District shall be placed at every other property corner and at an angle of deflection greater than seven percent, but in no case shall they be greater than 150 feet apart. The signs shall be installed immediately subsequent to completion of final grade below the wall and before any building permits are issued for Lots 2 through 11, Block 3. The plans shall be changed to reflect this requirement before final plat. 14. Retaining walls shall be owned and maintained by a Homeowners Association (HOA). The plan set shall call out the material for these retaining walls. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 22 15. The Emergency Overflow (EOF) between Lots 15 and 16 shall be directed away from Wall A. Staff recommends adjusting the low point of the street to between Lots 14 and 15. 16. A vertical curve is required at transitions between street grades on Crossroads Court. The applicant's engineer shall work with city staff to either remove these grade changes or incorporate vertical curves into the profile. 17. The horizontal alignment of Crossroads Court includes a 60 -foot radius curve. The applicant's engineer shall submit documentation for the design speed selection and show turning movements in the plan set to demonstrate that larger vehicles will be able to navigate the roadway curvature. Speed signage for this curve shall be required prior to construction. 18. The applicant must obtain permits from Carver County for construction of an access and all other work in their right-of-way. They must also comply with the comments received from the Carver County Engineering Office. 19. The applicant must obtain a permit for any work in the MnDOT right-of-way. 20. The plan must have a design grade that developer and engineer are confident that the construction process will achieve the minimum of 0.40%. If the grade is flatter than 0.40% at the time of -acceptance is requested, the city will require the sanitary sewer be excavated and reconstructed to meet the grade requirement. Staff recommends use of 0.50% minimum design grade. 21. The 8 -inch watermain pipe plans shall be revised to call out C900 as the pipe material and shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. 22. The proposed sanitary sewer and water main shall become city -owned after construction and acceptance by the city council. 23. The applicant must meet the storm water management standards prescribed in Section 19- 144 of city code which incorporates the NPDES construction permit by reference. This requires a volume reduction of 1.0 inches of water quality volume from all new impervious surfaces or provide evidence that the site, in its entirety, meets the criteria by which infiltration is infeasible as discussed in the NPDES permits. If adequate evidence is provided that infiltration is found to be infeasible, then the applicant must evaluate other methods of abstraction. 24. The proposed storm water management system must meet the required reduction in total phosphorus and total suspended solids. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 23 25. A Homeowners Association (HOA) must be established that is responsible for the maintenance and operation of the water reuse system if it is approved. 26. The city -authored maintenance agreement for stormwater management facilities shall be revised accordingly, executed and recorded against the property. 27. The applicant shall develop an operations and maintenance manual which shall specify anticipated inspection and maintenance, as well as schedule, necessary to ensure there is not significant decreases in the practices' efficacies. This operations and maintenance manual shall be referenced in the maintenance agreement. 28. SWMP fees estimated to be $31,875.34 are due at the time of final plat. 29. The applicant is responsible for applying for, procuring approvals from and meeting the requirements of all other agencies with jurisdiction over the project including, but not limited to, the Minnesota Pollution Control Agency and the Riley -Purgatory -Bluff Creek Watershed District. 30. Water and sewer partial hookups are due at the time of final plat. For 18 units, the sanitary partial fee is $12,438.00 and the water partial fee is $38,646.00. The remaining hook-up fees will be due with the building permit at the rate in effect at that time. 31. Encroachment agreements are required for any retaining walls located within a drainage and utility easement prior to construction of the walls. 32. The applicant shall install draintile on Lots 2 and 3 and dedicate a drainage and utility easement over the backyard drainageway with the final plat. 33. Any draintile that crosses lot lines shall be owned and maintained by an HOA. 34. The erosion control plan shall be revised to show perimeter control around the stormwater pond until final stabilization. 35. The plan shall note that erosion controls matting adjacent to the DNR Public Water be without netting to avoid trapping wildlife. 36. Top and bottom wall elevations for Wall B shall be added to the grading plan prior to the start of construction. 37. A fence is required at any location where a wall is greater than 6 feet tall and within 10 of Crossroads Court or the public trail system. Fence shall be no closer than 3 feet preferred (20" minimum) from the trail. If preferred horizontal clearance cannot be achieved, warning signage on the trail is required. This must be complete prior to the city's acceptance of the public trail. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 24 38. A street light is required at the intersection of Lyman Boulevard and Crossroads Court. This light shall be owned by the city and maintained by MVEC (Minnesota Valley Electric Company). A $300 fee shall be collected with the development contract for electricity costs for the first year of operation. 39. The Lot 15 driveway slope is 10.4% and shall be revised prior to grading. Driveway slopes shall be no greater than 10%. 40. All driveways shall follow City Code §20-1122. 41. The grading plan shows a 10% slope on the sidewalk. The applicant shall revise the grading plan or the sidewalk alignment to reduce the slope to meet ADA requirements prior to construction. 42. The location of Sanitary MHO shall be adjusted to reduce the spacing between MH43 and MH#4 for ease of maintenance prior to construction of the utilities. 43. The applicant shall verify that they have meet the minimum requirements for stormwater set forth in City Code §9 -VII and requirements of the Riley -Purgatory -Bluff Creek Watershed District prior to grading on site. Fire: 1. Provide/maintain three-foot clear space around fire hydrants. 2. Prior to combustible home construction, fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 3. Street signs (temporary allowed) shall be installed prior to building permits being issued. The Fire Marshal must approve street signage. 4. Prior to combustible construction fire hydrants shall be made serviceable. Parks: 1. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. 2. Construction of Great Plains Boulevard trail from the southwest intersection of Lyman Boulevard and Great Plains Boulevard traveling south for approximately 675 feet to the southern terminus of the property. The developer shall provide design, engineering, construction and testing services required of the Great Plains Boulevard trail. All construction documents, including material costs, shall be delivered to the Park and Recreation Director and City Engineer for approval prior to the initiation of construction. Todd Gerhardt Arbor Glen — Planning Case 2015-16 July 24, 2017 Page 25 The trail shall be 10 feet in width, surfaced with asphalt and constructed to meet all city specifications. The applicant shall be reimbursed by the city for the cost of the aggregate base, trail surfacing, retaining wall, fence and storm water systems utilized to construct the trail as well as for redesign of the plans if necessary. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation, design, engineering and testing services are not reimbursable expenses. Planning: 1. The developer shall install a gateway element similar to that at Southwest Village which includes decorative fencing and landscaping. ATTACHMENTS 1. Development Contract 2. Reduced Copy Final Plat. 3. Memorandum from WSB to Alyson Fauske dated May 9, 2017. 4. Reduced Copy of Plan Sets Prepared By Sathre-Berquist dated Revised 4/21/17 sheets 1 -11 g:\plan\2015 planning cases\2015-16 arbor glen\final plat\staff report fp arbor glen cc 07-24-2017.doc CITE' OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ARBOR GLEN DEVELOPMENT CONTRACT (Developer Installed Improvements) TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL............................................................................SP-1 RIGHT TO PROCEED ......... ........................................................................................ 2. CONDITIONS OF PLAT APPROVAL........................................................................SP-1 2. 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.................................................... ................................................... 8. OTHER SPECIAL CONDITIONS................................................................................SP-4 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 OTHERBUILDING.........................................................................................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) .::IC L AGREEMENT dated July 10, 2017 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, GOLF LAKES CONDOS, a limited liability company (the 'Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for ARBOR GLEN (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, famish 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 May 22, 2017, prepared by Sathre-Bergquist, Inc. Plan B: Grading, Drainage and Erosion Control Plan dated April 21, 2017, prepared by Sathre-Bergquist, Inc. Plan C: Plans and Specifications for Improvements dated April 21, 2017, prepared by Sathre- Bergquist, Inc. Plan D: Landscape Plan dated April 20, 2017 prepared by Norby & Associates Landscape Architects, 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/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, 2017. 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 $771,021.41. The amount of the security was calculated as 110% of the following: Site Grading/Erosion Control/Restoration $ 402,712.34 (Including 1200 CY at $20/CY for topsoil) Sanitary Sewer $ 103,010.79 Water Main $ 66,969.27 Storm Sewer, Drainage System, including cleaning and maintenance $ 68,526.46 Sub -total, Construction Costs $ 641,218.86 Street lights and signs(1 light @ $1,500 and 2 signs @ $250) $ 2,000.00 Engineering, surveying, and inspection (7% of construction costs) $ 44,885.32 Landscaping (2% of construction costs) $ 12,824.38 Sub -total, Other Costs $ 59,709.70 TOTAL COST OF PUBLIC IMPROVEMENTS $ 700,928.56 SECURITY AMOUNT 110% of $700,928.56 $ 771,021.41 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: Mr. Mark Eklo GOLF LAKES CONDOS, LLC 3360 Bavaria Road Chaska, MN 55318 Phone: 813-777-0015 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. {The remainder of the page intentionally left blank) SP -3 8. Other Special Conditions. A. SECURITIES AND FEES A $771,021.41 letter of credit or escrow for the developer -installed improvements, the $213,482.72 cash administration fee and the fully -executed development contract must be submitted and shall be submitted prior to scheduling a pre -construction meeting. Administration fee (based on estimated construction cost: 3% of $500,000 + 2% of $117,218.86) $ 17,824.38 Arterial Collector Fee $ 7,344.00 GIS fee: 18 parcels @ $10/parcel + $25 for the plat $ 205.00 Recording Plat Fee $ 450.00 Park Dedication Fee: 18 parcels @ $5,800/parcel $ 104,400.00 Partial payment of City sewer and water hookup fees: 18 units $691/unit sewer + $2,147/unit water $ 51,084.00 Street light operating fee: 1 lights @ $300/light $ 300.00 Surface Water Management Fee $ 31,875.34 Total $ 213,482.72 B. Building: 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. 5. Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is required. Permits are required, as applicable. C. Engineering: 1. Any grading or other work within the road right-of-way will require a permit from Carver County. 2. A 10 -foot easement is required on the rear lot lines of Lots 10 - 18, Block 1. SP -4 3. The grading plan must be revised to include the house pads and driveway locations, or if house plans are unknown show a 30 -foot wide driveway access prior to grading. 4. If water is encountered at any lot during construction, the low floor elevations of these proposed homes must be revised to comply with a three-foot separation from groundwater. This shall be coordinated with the Building Official. 5. Graded slopes shall not exceed 3:1 ratio. 6. The Surface Water Pollution Prevention Plan with all elements required by the NPDES Construction Permit shall be prepared and supplied to the city for approval with the final plat and prior to any earth -disturbing activities. 7. Proof of the NPDES Construction Permit having been procured by the applicant shall be supplied to the city prior to any earth -disturbing activities. 8. The Outlot E shall be dedicated to the city. 9. A detailed planting schedule, including types and size of plants if plugs are to be used or the seed composition, source and application rate and method if the area is to be seeded, must be provided to the city for review and approval before final plat. Yellow tags for the plant source must be provided to the city. The plants shall be native and free of neonicotinoids. 10. A detailed maintenance schedule for establishment of vegetation within the primary zone and buffer shall be provided to the city before final plat. 11. The soils within the buffer area shall be prepared by ripping to a depth of 12 inches to loosen them and shall meet MnDOT Specification 3877-3 for Sandy Clay Loam Topsoil Borrow. 12. All residential lots shall have a minimum of six inches of topsoil meeting the specifications for MnDOT Specification 3877-1 for Common Topsoil Borrow placed on all areas to be seeded or sodded. 13. Monuments indicating the Bluff Creek Overlay District shall be placed at every other property corner and at an angle of deflection greater than seven percent, but in no case shall they be greater than 150 feet apart. The signs shall be installed immediately subsequent to completion of final grade below the wall and before any building permits are issued for Lots 2 through 11, Block 3. The plans shall be changed to reflect this requirement before final plat. 14. Retaining walls shall be owned and maintained by a Homeowners Association (HOA). The plan set shall call out the material for these retaining walls. SP -5 15. The Emergency Overflow (EOF) between Lots 15 and 16 shall be directed away from Wall A. Staff recommends adjusting the low point of the street to between Lots 14 and 15. 16. A vertical curve is required at transitions between street grades on Crossroads Court. The applicant's engineer shall work with city staff to either remove these grade changes or incorporate vertical curves into the profile. 17. The horizontal alignment of Crossroads Court includes a 60 -foot radius curve. The applicant's engineer shall submit documentation for the design speed selection and show turning movements in the plan set to demonstrate that larger vehicles will be able to navigate the roadway curvature. Speed signage for this curve shall be required prior to construction. 18. The applicant must obtain permits from Carver County for construction of an access and all other work in their right-of-way. They must also comply with the comments received from the Carver County Engineering Office. 19. The applicant must obtain a permit for any work in the MnDOT right-of-way. 20. The plan must have a design grade that developer and engineer are confident that the construction process will achieve the minimum of 0.40%. If the grade is flatter than 0.40% at the time of -acceptance is requested, the city will require the sanitary sewer be excavated and reconstructed to meet the grade requirement. Staff recommends use of 0.50% minimum design grade. 21. The 8 -inch watermain pipe plans shall be revised to call out C900 as the pipe material and shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. 22. The proposed sanitary sewer and water main shall become city -owned after construction and acceptance by the city council. 23. The applicant must meet the storm water management standards prescribed in Section 19- 144 of city code which incorporates the NPDES construction permit by reference. This requires a volume reduction of 1.0 inches of water quality volume from all new impervious surfaces or provide evidence that the site, in its entirety, meets the criteria by which infiltration is infeasible as discussed in the NPDES permits. If adequate evidence is provided that infiltration is found to be infeasible, then the applicant must evaluate other methods of abstraction. 24. The proposed storm water management system must meet the required reduction in total phosphorus and total suspended solids. 25. A Homeowners Association (HOA) must be established that is responsible for the maintenance and operation of the water reuse system if it is approved. 26. The city -authored maintenance agreement for stormwater management facilities shall be revised accordingly, executed and recorded against the property. 27. The applicant shall develop an operations and maintenance manual which shall specify anticipated inspection and maintenance, as well as schedule, necessary to ensure there is not significant decreases in the practices' efficacies. This operations and maintenance manual shall be referenced in the maintenance agreement. 28. SWMP fees estimated to be $31,875.34 are due at the time of final plat. 29. The applicant is responsible for applying for, procuring approvals from and meeting the requirements of all other agencies with jurisdiction over the project including, but not limited to, the Minnesota Pollution Control Agency and the Riley -Purgatory -Bluff Creek Watershed District. 30. Water and sewer partial hookups are due at the time of final plat. For 18 units, the sanitary partial fee is $12,438.00 and the water partial fee is $38,646.00. The remaining hook-up fees will be due with the building permit at the rate in effect at that time. 31. Encroachment agreements are required for any retaining walls located within a drainage and utility easement prior to construction of the walls. 32. The applicant shall install draintile on Lots 2 and 3 and dedicate a drainage and utility easement over the backyard drainageway with the final plat. 33. Any draintile that crosses lot lines shall be owned and maintained by an HOA. 34. The erosion control plan shall be revised to show perimeter control around the stormwater pond until final stabilization. 35. The plan shall note that erosion controls matting adjacent to the DNR Public Water be without netting to avoid trapping wildlife. 36. Top and bottom wall elevations for Wall B shall be added to the grading plan prior to the start of construction. 37. A fence is required at any location where a wall is greater than 6 feet tall and within 10 of Crossroads Court or the public trail system. Fence shall be no closer than 3 feet preferred (20" minimum) from the trail. If preferred horizontal clearance cannot be achieved, warning signage on the trail is required. This must be complete prior to the city's acceptance of the public trail. 38. A street light is required at the intersection of Lyman Boulevard and Crossroads Court. This light shall be owned by the city and maintained by MVEC (Minnesota Valley Electric Company). A $300 fee shall be collected with the development contract for electricity costs for the first year of operation. SP -7 39. The Lot 15 driveway slope is 10.4% and shall be revised prior to grading. Driveway slopes shall be no greater than 10%. 40. All driveways shall follow City Code §20-1122. 41. The grading plan shows a 10% slope on the sidewalk. The applicant shall revise the grading plan or the sidewalk alignment to reduce the slope to meet ADA requirements prior to construction. 42. The location of Sanitary MHO shall be adjusted to reduce the spacing between MHO and MH#4 for ease of maintenance prior to construction of the utilities. 43. The applicant shall verify that they have meet the minimum requirements for stormwater set forth in City Code §9 -VII and requirements of the Riley -Purgatory -Bluff Creek Watershed District prior to grading on site. D. Environmental Resources: 1. A total of 10 additional overstory trees shall be planted throughout the development. The applicant will submit a revised landscape plan. E. Fire: 1. Provide/maintain three-foot clear space around fire hydrants. 2. Prior to combustible home construction, fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 3. Street signs (temporary allowed) shall be installed prior to building permits being issued. The Fire Marshal must approve street signage. 4. Prior to combustible construction fire hydrants shall be made serviceable. F. Parks: 1. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. 2. Construction of Great Plains Boulevard trail from the southwest intersection of Lyman Boulevard and Great Plains Boulevard traveling south for approximately 675 feet to the southern terminus of the property. The developer shall provide design, engineering, construction and testing services required of the Great Plains Boulevard trail. All construction documents, including material costs, shall be delivered to the Park and am Recreation Director and City Engineer for approval prior to the initiation of construction. The trail shall be 10 feet in width, surfaced with asphalt and constructed to meet all city specifications. The applicant shall be reimbursed by the city for the cost of the aggregate base, trail surfacing, retaining wall, fence and storm water systems utilized to construct the trail as well as for redesign of the plans if necessary. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation, design, engineering and testing services are not reimbursable expenses. G. Planning Department: 1. The developer shall install a gateway element similar to that at Southwest Village which includes decorative fencing and landscaping. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. {The remainder of the page intentionally left blank} SP -9 CITY OF CHANHASSEN "Im (SEAL) Denny Laufenburger, Mayor Todd Gerhardt, City Manager GOLF LAKES CONDOS LLC: Mark Eklo, Its Manager STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2017, 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 2017, by Mark Eklo, Manager of GOLF LAKES CONDOS, 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 -10 NOTARY PUBLIC EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: All that part of the Northerly 730.00 feet of the North Half of the Southwest Quarter of Section 24, Township 116, Range 23, as measured along the West line thereof and lying Westerly of the centerline of State Highway No. 101. The centerline of said Highway No. 101 is described as follows: Beginning at a point on the North line of the Southwest Quarter of Section 24, Township 116, Range 23, a distance of 632.52 feet East of the Northwest corner of said Southwest Quarter; the bearing of the North line of the Southwest Quarter is assumed to be South 88 degrees 46 minutes 29 seconds East. Thence South 4 degrees 24 minutes 47 seconds West a distance of 413.72 feet; thence on a tangential curve, concave to the East having a central angle of 11 degrees 38 minutes 21 seconds and a radius of 1962.29 feet a distance of 398.62 feet. Thence South 7 degrees 13 minutes 34 seconds East tangent to the last described curve, a distance of 217.65 feet; thence on a tangential curve, concave to the West having a central angle of 14 degrees 29 minutes 17 seconds and a radius of 1166.15 feet a distance of 294.88 feet, more or less, to a point on the South line of the North Half of the Southwest Quarter of Section 24 and thence terminating said point distance 660.44 feet Easterly of the Southwest corner of the North Half of the Southwest Quarter. EXCEPTING THEREFROM Parcel 71C of the Minnesota Department of Transportation Right - of -Way Plat No. 10-19, as the same is on file and of record in the office of the County Recorder in and for Carver County, Minnesota. (The remainder of the page intentionally left blank) 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 20i, 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 IRREVOCABLE 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. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. 1m Its CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" 1,1 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 outlots, if any, in the plat that are designated in an approved preliminary plat for fixture 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 permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding GC -1 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 escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. GC -2 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. hi 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'/2) 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). hi 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 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 GC -3 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 ofbuilding 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 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 GC -4 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'/2%) of construction costs for the first $1,000,000 and one and one-half percent (1'/2%) 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. 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. GC -5 D. hi 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. hr 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. hi 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 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 GC -6 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. 1. 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 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 GC -7 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 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 101W. maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm 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 furnish 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. 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. GC -9 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 11"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 Axf & .tif format (the Axf 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. 3/31/06 GC -10 —0 a ail L� _� 83 r svm n .9r,ev.m I$ Ula r mxiTx,w.eT.i9z R 8 g4 fir IH nwnr� � [� O ��^ I I b , $I ' w /, V l nrT `"fZ`iiii iii "L �' 96I yp8'Z M.2Z,SZ.[O5, 11 Z 3.X,9[,93 is seW �gzEn 3�r5S�II.IS�B'JLL[ 62 Sfi61sY {L60.6� 61'61SL 5� g /' Ary- 3 ���6asaa8 I 'J n 4 81, , �rlczEl3wvv.iorvl I "L 9'x1=.--3 J W /'� A P N wt �.L"=EAE.a.19J 3,gg a3. egb ®° d 8 ��� , � r N iesi 3,w.3i9n ^b � 1 _ s.m x, rsza3 b A A s e s t R 0 qa � S a�d EJ -y � ri a I I 'g 'p'LiE89E k � I W I 11 rK'ZLI IHI CIx 51 I9, x.9..a1 1,999 r< a ail L� _� 83 r svm n .9r,ev.m I$ Ula r mxiTx,w.eT.i9z R 8 g4 fir IH [� O ��^ I I b , $I 4e /, "L I56 I � I ro�zz 3.a..X-1xx a` /' Ary- 3 ���6asaa8 'J n 4 81, , �rlczEl3wvv.iorvl I "L 9'x1=.--3 J W /'� N d 8 ��� , � r N iesi 3,w.3i9n ^b � 1 _ s.m x, rsza3 b A A s e s t R 0 qa � S EJ -y � is a �MYi 3.91.9Z.i0N Nn xal�, s t J n a I I 'g 'p'LiE89E k � I I sena 3.9.-3.w� �x x9._9E,3 J �q �T —�- of h' Y .LO 1Z1 1O.L' _ O1uTO' M.5020.00N - I I I I a ail M= A 2 fir IH �gw®?baa 3 ���6asaa8 d 8 8 E b b b A A s e s t R a a M � S F A WSB — 701 Xenia Avenue South I Suite 300 i Minneapolis, MN 55416 i (763) 541-4800 Memorandum To: Alyson Fauske, PE — City of Chanhassen From: Joey Abramson, EIT Cc: Jeffry Sandberg, PE Date: May 9, 2017 Re: Stormwater Management Review for Arbor Galen Development in Chanhassen WSB Project No. 1694-93 This document summarizes the review of stormwater management and associated considerations for the Arbor Glen Development project in the City of Chanhassen. The primary documents reviewed were an 11 -page plan set titled "Arbor Glen", dated 01-11-17, and a Stormwater Quality and Quantity Plan ("Stormwater Plan") dated 04-21-17. Table 1 summarizes the existing and proposed impervious coverage on the project site from the information provided in the Stormwater Quality and Quantity Plan. The SWPPP that was provided for review indicates that the total new impervious area is 2.0 acres, while the Stormwater Plan indicates 1.55 acres of new impervious. For the purposes of this review, it has been assumed that the true value is 1.55 acres of net new impervious. The applicant must provide revised documents with consistent pre- and post -project impervious numbers and total disturbed area. Table 1 — Existing and Proposed Impervious Coverage Increase in Total Site Disturbance Impervious Area [ac] imperviousness [ac] NO Existing Conditions - 0 Proposed Conditions 6.6 1.55 1.55 Summary of Stormwater Management Review: Volume Control — It cannot be determined if the project will meet the requirements with the information provided. Rate Control — It cannot be determined if the project will meet the requirements with the information provided. Water Quality— It cannot be determined if the project will meet the requirements with the information provided. Stormwater Requirements The stormwater management requirements are outlined below, broken out by volume control, rate control, and water quality. This project includes construction of 1.55 acres of new impervious surface that will be placed on what is currently pervious surface. Since this project proposes a net increase of impervious surface of more than 1 acre, permanent stormwater management controls for Volume, Rate, and Water Quality are required per the Riley Purgatory Bluff Creek Watershed District (RPBCWD) rules. Building a legacy — your legacy. Equal Opportunity Employer I wsbeng.com Ms. Alyson Fauske, PE May 9, 2017 Page 2 Volume Control Analysis Per RPBCWD, the volume reduction requirement is an event -based abstraction equal to the instantaneous volume of 1.1" depth of runoff (DVR) over the net new impervious surface. Based on a Web Soil Survey report, the soils on site are primarily of the Rasset-Lester-Kilkenny complex, which contains a blend of hydrologic soil groups A, B, and C. The applicant's use of C soils in calculations is an appropriate, conservative assumption. A geotechnical report was not included with the review submittal. The applicant must provide a geotechnical report, if available, prior to the next review to ensure appropriately -assumed design parameters. The Stormwater Plan notes that "an underground storage facility with pretreatment and infiltration" is included with this project. This underground facility is not found in the plan set. Additionally, the Water in Motion plan set appears to indicate there is an infiltration basin on site. This is not called out in the site construction plans or in the Stormwater Plan. The applicant must clarify the stormwater management components of this project. The applicant should note that if an infiltration basin is proposed on this project, then compliance with the 48-hour drawdown requirement will need to be demonstrated. Based on the MIDS Calculator files submitted and the Water in Motion plan set, it appears that a stormwater reuse irrigation system will provide volume reduction for project runoff. The applicant must provide a figure clearly identifying and quantifying the areas to be irrigated, which is not included in the current plans. Based on information in the Stormwater Plan, calculation of the volume reduction requirement value (VVR) is shown below. 1 ft 43,560 ftZ 3 VvR = 1.1 in ' 12 in 1.55 ac • 1 ac = 6,189 f t MIDS provides that a harvest/reuse system earns a volume reduction credit equal to the amount of water that is irrigated over the course of three days. The proposed reuse system will irrigate 1.4 acres of green space at an application rate of 1.5 inches per week. The calculation of the volume reduction credit (ViR) earned by this system is shown below 43,560 f0 1 in 1 ft 1 week 3 days = 3, 267 ft' V;r, = 1.4 ac * lac . l week * 12 in * 7 days The volume reduction provided by the proposed irrigation system will capture the first 0.58 -inch (volume reduction depth, DVR) of runoff from the tributary impervious surfaces. 3,267 ft3 1 ac 12 in D' _1.55 ac . 43, 560 f tz # 1 ft *= 0.58 in (< 1.1 in) The proposed reuse system does not provide sufficient volume reduction per RPBCWD rules It cannot be determined if the stormwater management for this site will satisfy volume reduction requirements with the information provided. Rate Control Analysis RPBCWD rules require that peak rates are limited to existing conditions for the 24-hour, 2-, 10-, and 100 - year critical rain events and the 100 -year, 10 -day snowmelt event at all places where runoff discharges from the site. The provided stormwater management report includes a HydroCAD model. Ms. Alyson Fauske, PE May 9, 2017 Page 3 RPBCWD does not allow consideration of irrigation drawdown when modeling discharge rates and high water levels. The applicant must remove this from modeling considerations. It cannot be determined if the stormwater management for this site will satisfy rate control requirements with the information provided. Water Quality Analysis RPBCWD rules require that at least 60% of total phosphorus and 90% of total suspended solids are removed from site runoff. The applicant has submitted a MIDS calculator output and program file containing the proposed treatment train on site. This treatment train includes 4 swales, a constructed stormwater pond, and a harvest/reuse cistern. A complete water quality analysis cannot be completed until the applicant submits revised plans that clearly identify all stormwater management components that are modeled. Considering the revisions required by the other portions of this report, it cannot be conclusively determined if the revised stormwater management plans will meet the water quality requirements. General Comments/Summary There are inconsistencies between the submitted documents with regard to stormwater management. Elevations, soil types, drainage areas, impervious areas, and stormwater management components must be consistent between all documents. The applicant must submit revised documents with a consistent stormwater management plan reflected in all documents prior to a final review. There appear to be sections of the Stormwater Plan that are missing and must be provided prior to the next review. The applicant must provide the full Stormwater Plan in one PDF to ensure there are no missing pieces. Missing sections include drainage area maps and "4.0 Summary Letter." We have made redline comments to the construction plan set and the Water in Motion plan set. 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