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1d-1 Stonefield Final Plat CITY OF CHANHASSEN 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Eng ineeri ng Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Cou Iter Bou [evard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Publ ic Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us ilL-1. MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen AI-Jaff, Senior Planner DATE: April 10, 2006 61:# SUBJ: Stonefield Pinal Plat Approval, Plowshares Planning Case #05-37 PROPOSALS~RY The developer is requesting final plat approval to subdivide 17.63 acres into 30 single-family lots and 1 outlot for Stonefield. The City has approved the development contract for the storm water pond and it is under construction. ACTION REQUIRED City Council approval requires a majority of City Council present. BACKGROUND On January 9,2006, the Chanhassen City Council adopted the following: REZONING "The City Council approves Planning Case #05-37 for Rezoning from Agricultural Estate District, A-2, to Single Family Residential, for the Stonefield Subdivision, as shown on plan stamped 'Received November 18,2005." PRELIl\.1INARY PLAT "The City Council approves the preliminary plat for Subdivision Case #05-37 for Stonefield for 30 lots and 1 outlot with a right-of-way width variance, as shown on the plans stamped 'Received November 18, 2005' and as revised in the staff report, subject to the following conditions: 1. The applicant will be required to meet the existing site runoffrates for lO-year and 100-year, 24-hour storm events. The proposed enlargement of the existing stormwater pond must be designed to meet the City's minimum standards and coordinated and approved by the City Water Resources Coordinator. Finding: This condition has been partially met. The condition will read "The proposed enlargement of the existing stormwater pond must be designed to meet the City's minimum standards and coordinated and approved by the City Water Resources Coordinator." The City of Chanhassen . A growing community with clean lakes, Quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Stonefield - Planning Case No. 05-37 April 1 0, 2006 Page 2 2. The storm sewer must be designed for a lO-year, 24-hour storm event. Storm sewer sizing calculations and a full-size drainage map must be submitted with the final plat for staff review and approval. Finding: This condition has been revised to read "The storm sewer must be designed for a 10-year, 24-hour storm event. Storm sewer sizing calculations have been submitted for staff's review. Some minor revisions are still required." 3. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. Finding: This condition still applies. 4. Staff recommends that Type IT silt fence, which is a heavy duty fence, be used adjacent to the existing wetland, existing creek area, and around the proposed pond. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all ofthe steep 3:1 slopes with an elevation change of eight feet or more. Finding: This condition has been met. 5. All plans must be signed by a registered Civil Engineer in the State of Minnesota. . Finding: This condition has been met. 6. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, NPDES, Watershed District, MN Department of Health, Carver County and the Williams Pipe Line Company. . Finding: This condition still applies. 7. The developer must obtain written permission from the Williams Pipe Line Company to perform the proposed grading within the easement. The developer is responsible for complying with all conditions of the Williams Pipe Line Company and assumes full responsibility for work performed within this easement. . Finding: This condition still applies. 8. On the utility plan: a. Show all the proposed storm sewer pipe type, size and class. Finding: This condition has been met. b. Show the sanitary sewer pipe slope and class. Finding: This condition has been met. c. Show watermain pipe class (C900). Finding: This condition has been met. Stonefield - Planning Case No. 05-37 AprillO,2006 Page 3 d. Add a storm sewer schedule. Finding: This condition has been met. e. Show the existing storm sewer between Lots 1 & 2, Block 1 within the center of the 20- foot utility easement. Finding: This condition has been met. f. Show the stormwater manholes rim and invert elevations. Finding: This condition has been met. g. Add a note to remove the temporary pond outlet control structure. Finding: This condition has been met. h. The last street-accessible storm manhole discharging to the stormwater pond must be manhole with sump. Finding: This condition has been met. i. Add a note: any connection to an existing structure must be core drilled. Finding: This condition has been met. J. Extend the storm sewer farther to the south along the proposed street. Finding: This condition has been modified to read "Extend the storm sewer farther to the south along the proposed Stonefield Lane to the end of the temporary cul.de. sac." k. Remove Lots 7 and 8 backyard storm sewer and add a storm sewer along the property line between Lots 4 and 5 and between Lots 8 and 9 block 4. Finding: This condition has been met. 9. On the grading plan: a. Show Type II silt fence adjacent to wetland, pond, creeks, etc. Finding: This condition has been met. b. Show the benchmark used for the site survey. Finding: This condition still applies. c. Use class 5 storm sewer in the roadway; revise the note under general grading and drainage notes accordingly. Finding: This condition has been met. d. Extend the swale between Lots 1 and 2, Block 4 farther to the east. Finding: This condition has been met. 10. Any retaining wall over four feet in height must be designed by a registered civil engineer and a permit from the City's Building Department must be obtained. In addition, encroachment agreements will be required for any retaining wall within a public easement. . Finding: This condition still applies. 11. The underlying property has not been assessed for sewer or water improvements. The 2005 trunk hookup charge is $1,458.00 per unit for sanitary sewer and $2,955.00 per unit for watermain and the SAC fee is $1,525.00 per unit. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. Sanitary sewer and watermain hookup fees will be specially assessed against the parcel at the time of building permit issuance. Stonefield - Planning Case No. 05-37 April 10, 2006 Page 4 Finding: This condition has been revised to read ''The underlying property has not been assessed sewer or water improvements. Sanitary sewer and watermain hook-up fees are collectable with building permit issuance at the rates in effect at the time of application. The 2006 trunk hook-up charge is $1,575.00 per unit for sanitary sewer and $4,078.00 per unit for watermain and the SAC fee is $1,625.00 per unit. The party applying for the permit is responsible for payments of these hook-up charges, or the fees can be specially assessed against the parcel." 12. All disturbed areas must be seeded and mulched or sodded immediately after grading to minimize erosion. . Finding: This condition still applies. 13. Any off-site grading will require an easement from the appropriate property owner. . Finding: This condition still applies. 14. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. . Finding: This condition still applies. 15. The developer is responsible for 100% of the cost and construction of the lift station and forcemain and any associated costs. . Finding: This condition still applies. 16. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. . Finding: This condition still applies. 17. Add a "dead-end road" sign at the cul-de-sac. Finding: This condition still applies but has been modified to read "Revise the plans to show street lights every 300 feet, a stop sign at the street intersection and a sign at the cul-de-sac. The sign at the cul-de-sac shall read: "Temporary cul-de-sac. This roadway will be extended in the future." 18. On the plat, show all existing and proposed street names. . Finding: This condition has been met. Stonefield - Planning Case No. 05-37 April 10, 2006 Page 5 19. Add City Detail Plate Nos. 1O01, 1002, 1004, 1O05, 1006, 1009,2001,2101,2109,2110, 2201,2204,3101,3102,3104,3106,3107,3108,3109,5200,5203,5204,5206,5214,5215, 5216,5217,5221,5232,5234,5240,5241,5300,5301, 5302, 5302A and 5313. . Finding: This condition has been met. 20. Show the street lights and a stop sign on the plans. Finding: This condition still applies but has been modified to read "Show the street lights at 300 foot intervals and a stop sign on the plans." 21. Submit public utility plans and profile for staff review. . Finding: This condition has been met. 22. City Forester's Conditions: a. A minimum of two overstory trees shall be required in the front yard of each lot. b. The developer shall be responsible for installing all landscape materials proposed in rear and side yard areas. c. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. d. Tree preservation on site shall be according to tree preservation plans dated 10/14/05. Any trees removed in excess of proposed tree preservation plans will be replaced at a ratio of 2: 1 diameter inches. Finding: This condition still applies. 23. In the absence of parkland dedication, it is recommended that Stonefield pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $120,000 (30 lots x $4,000). Additionally, the applicant is required to construct the neighborhood asphalt trail connector to the property line as depicted on their preliminary plan submittals. Finding: This condition still applies but has been modified to read "In the absence of parkland dedication, it is recommended that Stonefield pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $174,000 (30 lots x $5,800). Additionally, the applicant is required to construct the neighborhood asphalt trail connector to the property line as depicted on their preliminary plan submittals." 24. Water Resource Coordinator's Conditions: Stonefield - Planning Case No. 05-37 AprillO, 2006 Page 6 a. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetland D. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. Finding: This condition still applies but has been modified to read: "A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetland D on Lots 8-10, Block 3. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs on Lots 8-10, Block 3 under the direction of City staff before construction begins and shall pay the City $20 per sign." b. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge. Finding: This condition still applies but has been modified to read: "All structures on Lots 8-10, Block 3 shall maintain a setback of at least 40 feet from the wetland buffer edge." c. The applicant shall work with the City's consultant to accommodate regional and site- specific storm water needs. Finding: This condition has been met. d. The approximate location and extent of drain tile shall be shown on the plans. The applicant shall provide details as to whether the tile line will be removed, abandoned in place or remain. If the tile is to remain, the flow from the tile shall be accommodated in the design of the storm water management plan. Finding: This condition has been met. e. The applicant shall provide rate control and storm water treatment to reduce off-site impacts. To provide a low-gradient means for controlling rate and volume, the applicant shall consider cooperating with the City to construct a wetland in the rear portions of any number of Lots 1-8, Block 3. In the event that the applicant is interested in pursuing wetland construction for banking purposes, this planning shall be integrated with the City's consultant's storm water infrastructure planning. Finding: This condition no longer applies. f. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing wetlands, storm water infrastructure and storm water ponds. Finding: This condition has been met. g. The developer asserts that, due to the steep grade in the southern portion of the property, custom grading would not save any additional trees. In addition, the developer maintains Stonefie1d - Planning Case No. 05-37 April 10, 2006 Page 7 that the slope of the road and the location of the retaining wall make custom grading lots impractical. If the developer demonstrates to the satisfaction of staff that custom grading for their typical house pad would not result in additional significant tree preservation, mass grading of this area may be approved. Finding: This condition has been met. h. The existing outlet structure of Pond A shall be removed and replaced in accordance with the City's standard detail. A stable emergency overllow (EOF) shall be provided for the pond. Finding: This condition can be removed because it is redundant. 1. The portion of the silt fence that runs from the pipeline easement through Lot 7, Block 3 shall be moved upslope to the west by 30 to 60 feet to more clearly define the grading limits. The area of property between the silt fence and the gully and property line shall be seeded and mulched to control weeds and get a desirable cover crop in areas that were recently farmed. Finding: This condition has been met. J. A temporary basin shall be constructed in the vicinity of Lots 6 and 7, Block 3. The temporary sediment basin shall be installed prior to disturbing upslope area. A temporary perforated riser and stable emergency overllow (EOF) for the basin shall be installed; details shall be included in the plan. The basin shall be properly sized for the watershed area, according to NPDES requirements (i.e. The basins must provide storage below the outlet pipe for a calculated volume of runoff from a 2-year, 24-hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1,800 cubic feet of storage below the outlet pipe from each acre drained to the basin). Finding: This condition still applies. k. Chanhassen Type 2 silt fence shall be provided for the perimeter of the site up to Lot 1O, Block 3. From there, Type 1 may be used. Silt fence shall be shown on the plans around Lots 1 and 2, Block 1. Finding: This condition no longer applies. 1. Curbside inlet controls are needed; Wimco type or ESS type (or approved similar protection) inlet controls shall be used. Curbside inlet protection shall be provided for existing inlets adjacent to the site exit on Osprey Lane. City standard inlet protection details 5302 and 5302A shall be included in the plans. The proposed rear yard catch basin protection shall be revised; Wimco type, ESS type or equal must be used. The proposed silt fence shall be installed with additional rock around Chanhassen type 1 silt fence. Stonefield - Planning Case No. 05-37 April 10, 2006 Page 8 Finding: This condition still applies. m. The plans shall be revised to show energy dissipation for the flared end section on Lot 7, Block 3. Finding: This condition has been met. n. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10:1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Finding: This condition still applies. o. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. Finding: This condition still applies. p. In order to fund the maintenance and expansion of the BC-P4.1O storm water pond and construction of additional capacity, the costs will be allocated among the benefiting properties. The total cost of materials and construction will be divided by the number of acres in the resulting subwatershed. The City will be responsible for the acres contributing from land already developed, park land and land to be developed in the future (e.g., the Bongard parcel). The developer will be responsible for the acres contributing from their development. If, for any reason, the regional storm water facility is not constructed, the developer will be responsible for providing storm water quality and quantity management on the subject property and paying Surface Water Management connection charges in accordance with City Code. At this time, the estimated total S"\V1v1P fee, due payable to the City at the time of final plat recording, is $65,364. Finding: This condition has been revised to read "The developer shall abide by the agreement for Storm Water Facilities Improvements dated March 1,2006, executed by the developer and the City of Chanhassen. The total SWMP fee, due payable to the City at the time of final plat recording is $59,299." Stonefield - Planning Case No. 05-37 April 10, 2006 Page 9 q. In conjunction with the BC-P4.1O storm water ponding project, land in addition to the land shown in Outlot A may be required. At this time, the estimated amount of land is approximately 0.5 acres. The developer and the City will seek to agree upon the terms of the use of land for ponding should additional land be required. The developer, if required, shall provide additional land for ponding. Finding: This condition has been met. 25. Fire Marshall Conditions: a. No burning permits will be issued for trees to be removed. Trees and shrubs must be either removed from site or chipped. Finding: This condition still applies. b. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. A fire apparatus access road shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all weather driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. Finding: This condition still applies. c. Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. Finding: This condition still applies. d. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Finding: This condition still applies. e. Fire hydrant spacing is acceptable. Finding: This condition still applies. f. Submit proposed street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. Finding: This condition has been met. Stonefield - Planning Case No. 05-37 April 10, 2006 Page 10 26. Building Official Conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. Finding: This condition still applies. b. Demolition permits must be obtained prior to demolishing any structures on the site. Finding: This condition does not apply. There are no structures on the site. c. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. Finding: This condition has been met. d. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. Finding: This condition still applies. e. Separate sewer and water services must be provided to each lot. Finding: This condition still applies. f. Existing wells and on-site sewage treatment systems on the site must be abandoned in accordance with State Law and City Code. Finding: This condition does not apply. There are no existing wells or on-site treatment systems on the site. 27. The retaining walls shall be maintained by a Homeowners Association. . Finding: This condition still applies. 28. The City shall not be responsible for maintenance of stonn water infrastructure on Lots 7, 8, and 9, Block 3. Finding: This condition still applies. 29. In the event that the regional pond project is not constructed, the applicant has proposed the installation of a second outlet structure on Pond A. In that event, the existing outlet structure that is failing must also be replaced. The cost of a new outlet structure to replace the existing failing structure would be borne by the City, but the replacement would be done by the applicant." Finding: This condition still applies. Stonefield - Planning Case No. 05-37 April 10, 2006 Page 11 FINAL PLAT The applicant is proposing to subdivide 17.63 Acres into 30 single-family lots and 1 outlot. The density of the proposed subdivision is 1.7 units per acre gross and 2.08 units per acre net after removing the roads and wetlands. All the lots exceed the minimum 15,000 square feet of area, with an average lot size of 20,939 square feet. The site is zoned Residential Single Family District (RSF). All of the proposed lots meet the minimum width and depth requirements of the RSF Zoning Ordinance. There is one outlot proposed on the site. This outlot will contain a sidewalk, storm pond and an existing pipe line. Lots 8 through 10, Block 3, abut a wetland. The ordinance requires all structures to maintain a 40- foot setback from the outside edge of a wetland buffer strip. The ordinance also requires a buffer zone in addition to the wetland setback. A wetland buffer 16.5 feet in width must be maintained around the wetland. There is a numerical error on the plat for Lot 2, Block 1. The plat reflects a 89.74 foot frontage when the actual measurement is 90 feet. Staff added a condition requiring correction of the error on the plat. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. GRADING. DRAINAGE & EROSION CONTROL The site area is about 17.60 acres and has tree cover over approximately 4.69 acres (27%) of the parcel with a variety of grade changes. The site elevations range from a high of 970:t to a low of 912:t. These severe elevation differences make it challenging to both develop and minimize grading on this site. The plans propose to grade about 80% of the site for 30 new house pads, a proposed street and enlarging an existing stormwater pond. The proposed grading will prepare the site for full basement and walk-out type house pads. Retaining walls are proposed throughout the site due to the severe elevation differences and to create the house pads. Any retaining wall over four feet in height must be designed by a registered civil engineer and a permit from the City's Building Department must be obtained. Retaining walls within drainage and utility easements must be minimized, however, staff understands that this may not be feasible; therefore, encroachment agreements will be required for any retaining wall within a public easement. The existing site drainage is encompassed within almost one drainage area. Under existing conditions, the site drains from the north and west sides to the east to an existing wetland along the southeast side of the property line. Under developed conditions, the applicant is proposing to capture all of the street drainage, all of the front yard drainage, and some rear yard drainage from the lots on the west side interior lots. This stormwater will be conveyed via storm sewer to an existing pond in the northeast corner of the site for treatment. Stonefield - Planning Case No. 05-37 April 10, 2006 Page 12 The existing stormwater pond was designed to treat much of the site drainage areas adjacent to the parcel from the north and northeast sides. Since the applicant is proposing to enlarge the existing stormwater pond to accommodate the additional drainage generated from the proposed site, the enlargement must be designed to City standards and coordinated and approved by the City's Water Resources Coordinator. Drainage and storm sewer sizing calculations for the site have been submitted and some changes must be made. The applicant is required to meet the existing site peak runoff rates for the 10- year and 100-year, 24-hour storm events. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. Proposed erosion control must be developed in accordance with the MPCA's best management practices. Staff recommends that Type II silt fence, which is a heavy duty fence, to be used adjacent to the existing wetland, existing creek area, and around the pond. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are required for all 3: 1 slopes with an elevation change of eight feet or more. All disturbed areas must be seeded and mulched or sodded immediately after grading to minimize erosion. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. UTILITIES Municipal water service is available to the site from Osprey Lane and sewer is available at the Bluebill Trail and Osprey Lane intersection. The water and sewer mains will be extended south from Osprey Lane to serve the site and stubbed at the southwest corner of the parcel for future extension to the west. Due to the topography of the site and the elevation of the existing sanitary sewer, the site can not be served by a gravity sanitary sewer system, therefore, a lift station is proposed between Lot 4, Block 2 and Lot 1, Block 3. The lift station is not identified on the Trunk Sanitary Sewer System map, or in the capital improvement plan, therefore, the developer is responsible for 100% of the cost and installation of the lift station and forcemain. The lift station and forcemain must meet the City's minimum requirements. The developer is responsible for any additional work required to install the lift station and forcemain, including, but not limited to dewatering costs, grading, subgrade correction and signal tests. The underlying property has not been assessed for sewer or water improvements. The 2006 trunk hookup charge is $1,575.00 per unit for sanitary sewer and $4,078.00 per unit for watermain and the SAC fee is $1,625.00 per unit. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Upon completion and final acceptance of the utility improvements, the City will own and maintain these utilities. The applicant is also required to enter into a development contract with the City and supply the necessary financial Stonefield - Planning Case No. 05-37 AprillO,2006 Page 13 security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The developer must obtain written permission from the Williams Pipe Line Company to perform the proposed grading within the easement. The developer is responsible for complying with all conditions of the Williams Pipe Line Company and assumes full responsibility for work performed within this easement. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, NPDES, Watershed District, MN Department of Health and Carver County, Williams Pipe Line Company. Once the executed development contract, securities, fees and permits have been submitted, a preconstruction meeting must be held before grading and/or utility construction can begin. STREETS The proposed development lies east of Audubon Road and north of Lyman Boulevard (CSAH 18), A-Minor Expander Arterials as identified on SRF Consulting Group lnc.'s Functional Classification Map. On September 29, 2005, City Council approved the Arterial Collector Fee which is $2,400/developable acre for residential development. All new developments along the Lyman Boulevard corridor are subject to this fee. The proceeds of this fee will fund the reconstruction of Lyman Boulevard between Audubon Road and Powers Boulevard. The Arterial Collector Fee is calculated as follows: 11.19 acres developable area x $2,400/acre = $26,856.00 The plans show Osprey Lane within two right-of-ways, 50-foot and 60-foot wide to match the existing right-of-way widths to the east and west. The developer proposes to raise the portion of Osprey Lane that abuts Stonefield by 2 feet to provide a safer vertical curve. The plans propose one full access to the site off of Osprey Lane from the north. The proposed public street complies with the minimum required right-of-way and pavement width. A temporary 90-foot diameter cul-de-sac turnaround for emergency vehicles is proposed at the southwest end of the proposed street and a "Dead End Road" sign will be required. Surface Water Management Fees The developer is cooperating with the City of Chanhassen to maintain and improve the regional storm water facilities on the Stonefield site and on the adjacent Power Hill Park property. The developer and the City have entered into a separate agreement that outlines the parameters of this cooperative effort. The developer is required to abide by the Agreement for Storm Water Facilities Improvements (March 1, 2006), executed by the developer and the City of Chanhassen. Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $1,600/acre. Stonefield - Planning Case No. 05-37 April 10, 2006 Page 14 Based on the proposed developed area of approximately 16.31 acres, the water quality fees associated with this project are $26,096. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single- family residential developments have a connection charge of $2,900 per developable acre. This results in a water quantity fee of approximately $47,299 for the proposed development. SWMP Credits Because the applicant is providing storm water quality treatment for runoff from the proposed subdivision in conjunction with the regional ponding project, the applicant is eligible for a water quality credit of $14,096. The total SWMP fee, due payable to the City at the time of final plat recording, is $59,299. PARK DEDICATION PARKS The property is situated directly west of and shares a common border with Power Hill park. This neighborhood park was developed in approximately 1990 and features a large sliding hill, basketball court, playground, small park shelter and limited off-street parking. A significant elevation change exists between the top of Power Hill Park and the location proposed for the new homes in Stonefield. This will be a deterrent for some residents of the new subdivision as they attempt to visit the park. No additional parkland acquisition or dedication is recommended as a condition of this subdivision request. Full park fees in lieu TRAILS Many neighborhoods adjoining Power Hill Park gain access to the park from neighborhood trail connectors. The applicant has included such a connector in their submittal. The proposed location for the trail connector, within Outlot A, is acceptable to staff. TREE PRESERV A TION/LANDSCAPING Tree canopy calculations have been submitted for the Stonefield development. They are as follows: . Total upland area (excluding wetlands) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 17.60 ac. 27 % or 4.69 ac. 30% or 5.28 ac. 7 % or 1.25 ac. Stonefield - Planning Case No. 05-37 AprillO, 2006 Page 15 The applicant does not meet minimum canopy coverage allowed; therefore, the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (4.69-1.25) Multiplier Total replacement Total number of trees to be planted 149,846 SF or 3.44 ac. 1.2 179,815 SF 165 trees The applicant also needs to make up the difference between the existing canopy coverage (4.69 ac) and the required canopy coverage (5.28 ac). Difference in canopy coverage Number of trees to be planted 25,700 SF or .59 ac 24 Total number of trees required 189 The applicant has proposed a total of 189 trees -77 overs tory trees, 32 ornamentals and 80 evergreens in their landscape plan. No bufferyards are required. The land uses of neighboring properties are similar. The applicant exceeds the recommended 105' oftree removal for wooded lots. Even with the use of extensive retaining walls, the amount of tree removal in the wooded area of the property exceeds minimum ordinance requirements. However, it is less than what could potentially be removed without the use of retaining walls. Staff recommends that alternatives to the proposed plan be thoroughly researched by the applicant. Possible solutions would include larger lots on the southern end, different home styles that are more sensitive to the topography and custom graded lots. COMPLIANCE WITH ORDINANCE ~ RSF DISTRICT 15,200 92.37,127.07 136.07 30/30, 1O11O, N/A, NIA N/A Lot 3 15,123 19,952 99.01 81.94 @ Front Lot Line 90.00 @ Setback Line 153.03 170.07 30, 1O, 30, N/A 30, 1O, 30, NI A N/A N/A Stonefield - Planning Case No. 05-37 April 10, 2006 Page 16 Lot 1 35,876 88.26 @ Front Lot Line 227.99 30, 10, 30, N/ A N/A 95.26 @ Setback Line Lot 2 25,931 90.00 250.51 30, 1O, 30, N/A N/A Lot 3 23,568 105.48 266.44 30, 1O, 30, N/A N/A Lot 4 23,995 104.33 296.75 30,10,30, N/A N/A Lot 5 26,253 90.00 291.70 30, 10, 30, 40 16.5 Lot 6 25,506 90.00 283.40 30, 1O, N/ A, 40 16.5 Lot 7 25,700 89.01 @ Front Lot Line 274.87 30, 10, N/ A, 40 16.5 90 @ Setback Line Lot 8 25,348 78.51 @ Front Lot Line 225.21 30,10, N/A, 40 16.5 90 @ Setback Line Lot 9 21,983 78.51 @ Front Lot Line 212.18 30,10,30,40 16.5 90 @ Setback Line Lot 10 34,207 78.51 @ Front Lot Line 244.11 30, 10, 30,40 16.5 90 @ Setback Line Lot 11 23,343 78.51 @ Front Lot Line 209.80 30, 10, 30, N/ A N/A 90 @ Setback Line Lot 12 17,596 86.74@ Front Lot Line 169.77 30,10,30, N/A N/A 94.29 @ Setback Line Lot 1 (Comer 15,104 96.22 127.88 30/30, 1O/1O, N/A, N/A NtA Lot) Lot 2 15,616 92.09 174.36 30, 10,30, NtA NtA Lot 3 21,205 138.65 213.43 30, 1O, 30, Nt A N/A Lot 4 23,769 130.07 223.37 30, 10, 30, NI A N/A LotS 18,727 90.00 208.08 30, 1O, 30, N/A N/A Lot 6 18,180 86.25 @ Front Lot Line 187.04 30, 1O, 30, NtA N/A 90.12 @ Setback Line Lot 7 16,924 85.9 @ Pront Lot Line 174.45 30, 1O, 30, Nt A N/A 90.13 @ Setback Line Lot 8 16,450 87.93 @ Front Lot Line 175.57 30,10,30, N/A N/A 90.10 @ Setback Line Lot 9 16,498 90.00 183.31 30,10,30, N/A N/A Lot 10 17,245 90.00 191.61 30,10,30, N/A NtA Lot 11 17,754 98.14 196.50 30, 10, 30, N/ A NtA Lot 12 20,608 261.54 197.23 30, 1O/l0, NtA, N/A NtA Outlot A 57,521 Ri ht-of- 97,580 Stonefield - Planning Case No. 05-37 April 10, 2006 Page 17 Code wa TOTAL 15,000 90 125 30, 10, 30, 40 16.5 628,186 @ Meets 90 foot width at the building setback line. na - Not Applicable RECOMl\1ENDA TION Staff recommends that the City Council adopt the following motion: "The City Council grants final plat approval of Planning Case #05-37 for Stonefield for 30 lots and 1 outlot with a right-of-way width variance, as shown on the plans stamped 'Received March 1, 2006', subject to the following conditions: 1. The proposed enlargement of the existing storm water pond must be designed to meet the City's minimum standards and coordinated and approved by the City Water Resources Coordinator. 2. The storm sewer must be designed for a lO-year, 24-hour storm event. Storm sewer sizing calculations have been submitted for staff's review and some minor revisions are still needed. 3. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. 4. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, NPDES, Watershed District, MN Department of Health, Carver County and the Williams Pipe Line Company. 5. The developer must obtain written permission from the Williams Pipe Line Company to perform the proposed grading within the easement. The developer is responsible for complying with all conditions of the Williams Pipe Line Company and assumes full responsibility for work performed within this easement. 6. On the utility plan: a. Add a note: All water services must be (1 ") Type K copper. b. Extend the storm sewer further to the south along the proposed Stonfield Lane to the end of the temporary cul-de-sac. c. All backyard catch basins must be built per City Detail Plate No. 3103. d. Add a catch basin at the north east comer of Lot 1, Block 4 along Osprey Lane or proposed Stonfield Lane. Stonefield - Planning Case No. 05-37 April 10, 2006 Page 18 7. On the grading plan: a. Show the benchmark used for the site survey. 8. Any retaining wall over four feet in height must be designed by a registered civil engineer and a permit from the City's Building Department must be obtained. In addition, encroachment agreements will be required for any retaining wall within a public easement. 9. The underlying property has not been assessed sewer or water improvements. Sanitary sewer and watermain hook-up fees are collectable with building permit issuance at the rates in effect at the time of application. The 2006 trunk hook-up charge is $1,575.00 per unit for sanitary sewer and $4,078.00 per unit for watermain and the SAC fee is $1,625.00 per unit. The party applying for the permit is responsible for payments of these hook-up charges, or the fees can be specially assessed against the parcel. 1O. All disturbed areas must be seeded and mulched or sodded immediately after grading to minimize erosion. 11. Any off-site grading will require an easement from the appropriate property owner. 12. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. . 13. The developer is responsible for 100% of the cost and construction of the lift station and forcemain and any associated costs. 14. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 15. Revise the plans to show street lights every 300 feet, a stop sign at the street intersection and a sign at the cul-de-sac. The sign at the cul-de-sac shall read: "Temporary cul-de-sac. This roadway will be extended in the future." 16. City Forester's Conditions: a. A minimum of two overstory trees shall be required in the front yard of each lot. b. The developer shall be responsible for installing all landscape materials proposed in rear and side yard areas. c. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Stonefield - Planning Case No. 05-37 April 10, 2006 Page 19 d. Tree preservation on site shall be according to tree preservation plans dated 1O/14/05. Any trees removed in excess of proposed tree preservation plans will be replaced at a ratio of 2: 1 diameter inches. 17. In the absence of parkland dedication, it is recommended that Stonefield pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $174,000 (30 lots x $5,800). Additionally, the applicant is required to construct the neighborhood asphalt trail connector to the property line as depicted on their preliminary plan submittals. 18. Water Resource Coordinator's Conditions: a. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetland D on Lots 8-10, Block 3. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs on Lots 8-10, Block 3 under the direction of City staff before construction begins and shall pay the City $20 per sign. b. All structures on Lots 8-10, Block 3 shall maintain a setback of at least 40 feet from the wetland buffer edge. c. A temporary basin shall be constructed in the vicinity of Lots 6 and 7, Block 3. The temporary sediment basin shall be installed prior to disturbing upslope area. A temporary perforated riser and stable emergency overflow (BOp) for the basin shall be installed; details shall be included in the plan. The basin shall be properly sized for the watershed area, according to NPDES requirements (i.e. The basins must provide storage below the outlet pipe for a calculated volume of runoff from a 2-year, 24-hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1,800 cubic feet of storage below the outlet pipe from each acre drained to the basin). d. Curbside inlet controls are needed; Wimco type or ESS type (or approved similar protection) inlet controls shall be used. Curbside inlet protection shall be provided for existing inlets adjacent to the site exit on Osprey Lane. City standard inlet protection details 5302 and 5302A shall be included in the plans. The proposed rear yard catch basin protection shall be revised; Wimco type, ESS type or equal must be used. The proposed silt fence shall be installed with additional rock around Chanhassen type 1 silt fence. e. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Tvpe of Slope Steeper than 3: 1 10:1 t03:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) Stonefield - Planning Case No. 05-37 April 10, 2006 Page 20 These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. f. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. g. The developer shall abide by the agreement for Storm Water Facilities Improvements dated March 1,2006, executed by the developer and the City of Chanhassen. The total SWMP fee, due payable to the City at the time of final plat recording is $59,299. 19. Fire Marshall Conditions: a. No burning permits will be issued for trees to be removed. Trees and shrubs must be either removed from site or chipped. b. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. A fire apparatus access road shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all weather driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. c. Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4 . d. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. e. Fire hydrant spacing is acceptable. 20. Building Official Conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. c. Separate sewer and water services must be provided to each lot. 21. The retaining walls shall be maintained by a Homeowners Association. Stonefield - Planning Case No. 05-37 April 1O, 2006 Page 21 22. The City shall not be responsible for maintenance of storm water infrastructure on Lots 7, 8, and 9, Block 3. 23. In the event that the regional pond project is not constructed, the applicant has proposed the installation of a second outlet structure on Pond A. In that event, the existing outlet structure that is failing must also be replaced. The cost of a new outlet structure to replace the existing failing structure would be borne by the City, but the replacement would be done by the applicant. 24. The developer shall pay the $26,856.00 Arterial Collector Fee. 25. Approval of the final plat is contingent upon approval of final construction plans/specifications for the project along with the developer entering into a development contract with the City and supplying the necessary financial security and fees. 26. Due to the amount of fill required to reconstruct the section of Osprey Lane that abuts the Stonefield development, Osprey Lane must be closed to traffic for a period of time this summer. The City authorizes the closure of Osprey Lane from May 1,2006 until July 31, 2006. The developer must notify in writing all properties within 500 feet of the development to inform the residents of the upcoming closure, the detour route and why the closure is necessary by April 17, 2006. "Road Closed" and detour signs must be posted a minimum of IO days before the closure. Requests to extend the time of closure must be submitted in writing to the City Engineer for consideration. 27. The frontage on Lot 2, Block 1, shall be corrected to reflect 90 feet." ATTACHMENTS 1. Agreement for Storm Water Facilities Improvements. 2. Final Plat. g:\plan\200S planning cases\05-37 stonefield (goers property)\final plat.doc AGREEMENT FOR STORM WATER FACILITIES IMPROVEMENTS AGREEMENT dated , 2006) by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation C'Cityrr), and PLOWSHARES DEVELOPMENT, INC., a Minnesota corporation (the "Developer"). Statement of Facts A. The city has conditionally approved a preliminary plat for Stonefield (the "plat"). Developer is in the process of seeking final plat approval. The land being platted is legally described on the attached Exhibit "A" and is hereinafter referred to as the "Subject Property". This Agreement is entered into pursuant to M.S. 462.358. B. The City currently operates and maintains (i) two storm water ponds on a parcel of real property adj acent to the Subj ect Property (the "On-Site Ponds") (a site plan showing the existing On-Site Ponds is attached as Exhibit "B")) and (ii) one storm water pond on a parcel of real property several blocks away from the Subject Property (the "North Pond") (a site plan showing the existing'North Pond is attached as Exhibit "C') The I22936v05 RNKr02/21/2006 1 CHAN:STONEFIELD (Plowshares Development, LLC) On-Site Ponds and North Pond shall collectively be defmed as the "Ponds" . C. The City has determined that: (i) the existing On-Site Ponds need to.be dredged and improved; and (ii) the North Pond needs to be dredged, as soon as possible. The City has also determined that a shared pond in the approximate location of the On-Site Ponds and partially located on the Subject Property will effectively serve the City's and Stonefield's storm water retention needs. D. To that end, the City has caused certain storm water retention pond improvement plans to be prepared for the On-Site Ponds. Such plans have been incorporated with the plans for Stonefield and the resulting site plan is attached hereto as Exhibit "D". E. In order to complete the grading of Stonefield and the On-Site Ponds improvements in a cost effective and timely manner, Developer has agreed to perform the Pond improvements and dredging in conjunction with its grading of Stonefield, and City has agreed to reimburse Developer for engineering and survey expenses ("Expenses") not to exceed $9,750, plus construction costs, incurred by Developer, as follows: (i) 87.7% of the On-Site Ponds improvement costs and Expenses, and (ii) 100% ofthe North Pond dredging costs and Expenses. Nowtherefore, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged the parties hereto agree as follows: 122936v05 RNK:r02I2 1/2006 2 CHAN:STONEFIELD (plowshares Development, LLC) 1. Early GradinglImprovemeIit Approval. The City hereby authorizes entry onto the City's property by Developer and its contractors to construct the storm water facilities improvements contemplated herein (i) within Stonefield, (ii) within the City's adjacent land, and (iii) within the City's land upon which the North Pond is located, to complete the improvements and dredging contemplated in this agreement, in conjunction with the early grading of Stonefield, prior to final plat approval of Stonefield; provided that the Developer enter into this Agreement, abide by its terms, and furnish the security required by it. 2. Plans. The storm water facilities shall be constructed by the Developer on the Subject Property and adjacent property in accordance with the following plans. The plans shall not be attached to this Agreement. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A - Grading and Erosion Control Plan Plan B - Plans and Specifications for Storm Water Facilities to be furnished by the City No work can occur outside of the areas indicated on the plans without modifying this Agreement or obtaining a separate grading permit. Prior to commencing work, the Developer must submit a bid(s) for such work to the city for city approval. 3. Erosion Control. Prior to initiating site grading, eroSlOn control shall be implemented by the Developer according to the grading, drainage, and erosion control plan A and inspected and approved by the City. The City may impose additional erosion control requirements . if they would be beneficial. All areas disturbed by the excavation and backfillmg operations shall be reseeded as soon as weather permits. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the Minnesota Department of Transportation's seeding specification to provide a temporary grOlmd cover as rapidly as possible. All seeded areas shall be I 22936v05 RNK:r02/21/Z006 3 CHAN:SrONEFlELD (Plowshares Development, LLC). fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City shall (except in emergencies) notify the Developer in advance of any proposed action. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. The cost allocation set forth in paragraph 10(D) shall apply to the requirements of this paragraph. 4. Term. The storm water facilities improvements to the On-Site Ponds must be constructed and completed between March 1,2006 and April 1, 2006. The dredging of the North Pond must be completed between March 1,2006 and June 15,2006. Both of the foregoing deadlines are subject to extensions caused by the City and other force majeure events and matters beyond Developer's control 5. Clean up. The Developer shall promptly clean dirt and debris from streets that has resulted from construction work by the Developer, its agents or assigns. 6. City Engineering Administration and Construction Observation. Subject to cost allocation and reimbursement as contemplated in Section 10(D) below, the Developer shall . pay a fee for in"':houseengineering administration. City engineering administration will include monitoring of construction, observation and consultation with Developer and Developer's engineer on status or problems regarding the project, coordination for fmal inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be approximately $10,637, which is three percent (3%) of the estimated construction costs. The Developer shall pay 12.3% of this fee in cash at the time of approval of 122936v05 RNK:r02f21/2006 4 CHAN:STONEFlELD (Plowshares Development, LLC) this Agreement. Subject to cost allocation and reimbursement pursuant to Section !O(D) below, the Developer shall pay for construction observation performed by the City's in-house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and will be billed on hourly rates estimated to be seven percent (7%) of the construction costs, such fee shall be subject to cost allocation and reimbursement pursuant to Section 10(D) below. 7. Security. To guarantee compliance with the terms of this Agreement, the Developer shall furnish the City with a cash escrow or irrevocable letter of credit, in the form attached hereto, from Developer's bank. (Lakeland Construction Finance, LLC) ("security") for approximately $43,613, which is 12.3% of the estimated project cost. The City may draw down the security, with 3 business days advance notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the completion of the On-Site Ponds improvement work. 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 proceeds shall be used to pay Developer's share of the cost to cure the default. Upon receipt of proof reasonably satisfactory to the City that (i) On-Site Ponds improvement work has been completed, (ii) finanCial obligations to the City have been satisfied, (iii) the required "as constructedrrplans have been received by the City, (iv) a one year warranty security is provided, and (v) t~e public improvements are accepted by the City Council (which acceptance shall not be unreasonably withheld, conditioned or delayed), the security shall be released to Developer. The City standard specifications for utilities and street construction outline procedures for security reductions. In addition, to guarantee completion of the additional grading of the Subject Property (not related to the On-Site Ponds), Developer shall furnish City with a cash escrow or 122936v05 RNK:r02/21/2006 5 CHAN:STQNEFlELD (Plowshares Development, LLC) irrevocable letter of credit in the form attached hereto, from a bank (the "additional security") for . $Z54J3Z0.~'an amount equivalent to 110% of estimated cost of such additional grading. With City approval (not to be unreasonably withheld, conditioned or delayed), the additional security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by Developer's engineer shall be retained by City until all of the additional grading has been completed. 8. Insurance. During the period that such work is being performed, the Developer shall take out and maintain or cause to be taken out and maintained, 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 $200,000 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 construction of the public improvements. The certificate shall provide that the City must be given thirty (30) days advance written notice of any changes to or the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 9. Acknowledgement. Although this Agreementis entered into pursuant to M.S. 462.358, the Developer acknowledges that approval ofthe work under this Agreement does not constitute a guarantee by the City of any future subdivision approvals and that, subject to the terms and conditions ofthis Agreement, the Developer performs the work on the Subject Property at its own risk. 122936v05 RNK:r02/21/2006 6 CHAN :STONEFfELD (Plowshares Development, LLC) 10. Responsibility for Costs. A. Subject to cost allocation and reimbursement pursuant to Section 1O(D) below ~ the Developer shall pay all costs incUrred by it or the City in conjunction with the work to be performed hereunder~ legal, planning, engineering and inspection expenses incurred in cOImection with approval and acceptance of this Agreement, the preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and inspecting the grading and erosion control. B. The Developer shall hold the City and its officers and employees harmless fr9m claims made by itself and third parties for damages sustained or costs incurred resulting from Developer's or its contractors' negligence or willful misconduct and for work done in conjunction with this Agreement which is not in compliance with the approved Plans (as amended). The Developer shall indemnify the City and its officers an.d employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including attomeyts fees. C. The defaulting party shall reimburse the non-defaulting party for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. D. The City will reimburse the Developer for: (i) 87.7% of the cost of 'constructing the On-Site Ponds storm water facilities and improvement; and (ii) 100% of the cost of dredging the North Pond. The Developer shall provide the City with an itemized billing. The . Developer shall be solely responsible for any grading performed within the Subject Property that is not required in connection the On-Site Ponds improvements. E. The City shall pay in full all bills submitted to it by the Developer for obligations incurred under this Agreement within thirty (30) days after receipt. If such amount is I 22936v05 RNK:r02121/2006 7 CHAN :STONEFIELD (Plowshares Development, LLC) not paid in full within such 30 day period, interest shall accrue at the rate of 10% per annum on any overdue amounts, until paid in full with interest. F. The Developer and the Developer's engineer shall have no liability or responsibility for the design of the storm water facilities, and once the work contemplated herein is completed and as-built plans are approved by the City, Developer shall have no liability or responsibility (except for its construction warranty contemplated in Section 7 above) for or in connection with the storm water facilities. 11. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for 12.3% of any expense so incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement 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. AND (SEAL) DEVELOPER: PLOWSHARES DEVELOPMENT, INC. BY:~~ Its: President 122936v05 RNK:r02/21/2006 8 CHAN :STONEFlELD (plowshares Development, LLC) STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this -Ed--day of ~, 2006, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City Manager/Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation andpursuant to the authority gr ed by its City Council. STATE OF MINNESOTA COUNTY OFur"..(/l(" ) ( ss. ) KAREN J. ENGELHARDT I Notary Public-Minnesota My Commission Ell Ile...Ja" a1, 2010 The foregoing instrument was acknowledged before me this L day of M"''''~ , 2006, by Todd M. Sirnning, the President of Plowshares Development, Inc., a Minnesota corporation, on behalf of the corporation. ~ KI1ISTA UAIlE NOVACK ~ )J, NOTARY PUBUC - MINNESOTA MY COMMISSlON EXPIRES 1-3102007 OT RY PUBLIC .., DRAFTED BY: CAMPBELL KNuTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 RNK 1060555.2 122936v05 RNK:r02/2 1/2006 9 CHAN:STONEFIELD (plowshares Development, LLC) EXHIBIT "A" Lee.al Description of Subiect Property 122936v05 RNK:r02/2 1/2006 10 CHAN :STONEFlELD (plowshares Development, LLC) EXHIBIT "B" Site Plan of Enslin!! On-Site Ponds I 22936v05 RNK:r02/21/2006 11 CHAN:STONEFIELD (Plowshares Devetopment, LLC) EXHIBIT "C" Site Plan of Existin!! North Pond 122936v05 RNK:r02/21/2006 12 CHAN:STONEFIELD (Plowshares Development, LLC) EXHIBIT "D" Site Plan of Stonefield and New On-Site Ponds I 22936v05 RNK:r02/2 1/2006 13 CHAN:STONEFlELD (plowshares Development, LLC) IRREVOCABLE tETTER OF CREDIT No. Date: TO: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of Irrevocable Letter of Credit in the amount of $ on the undersigned bank. (Name of Develooer) and in your favor, our , available to you by your draft drawn on sight The draft must: a) Bear the clause, "Drawn under Letter of Credit No. 2006, of (Name of Bank) "; b) Be signed by the Mayor or City Manager of the City of Chanhassen; , dated c) Be presented for payment at 30,2 ; and (Address of Bank) , on or before 4:00 p.m. on November d) Certify that notice was provided to (Name of Developer) Agreement for Storm Water Facilities Improvements dated was not required thereunder. , as required under that certain , 2006, or that such notice 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 317, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. 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