1d-1 Stonefield Final Plat
CITY OF
CHANHASSEN
7700 Markel Boulevard
PO Box 147
Chanhassen, MN 55317
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Phone: 952.227.1100
Fax: 952.227.1110
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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
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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:
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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
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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
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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
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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.
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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
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(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.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY:
Its
122936v05
RNK:r02/2112006
14
CHAN:STONEFIELD
(Plowshares Development, LLC)
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