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CAS-02_HUMMINGBIRD HEIGHTS-6221 HUMMINGBIRD ROAD0 a The contents of this file have been scanned. Do not add anything to it unless it has been scanned. CITYOF CdANHA3SEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone 9522271100 Fax 9522271110 Building Inspections Phone 952.227.1180 Fax. 952.2271190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park & Recreation Phone. 952.2271120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax. 952.2271110 Public Works 7901 Park Place Phone: 9522271300 Fax 952.2271310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us • November 15, 2016 Tom Strohm Homestead Partners 525 15d' Avenue South Hopkins, MN 55343 Re: Release of Security — Hummingbird Heights Planning Case File No. 14-02 Dear Mr. Strohm: Upon review of the project, it appears the project has been completed in general conformance with the site plan. Therefore, we are releasing the remaining security escrow and are now closing our files on this project. Sincerely, CITY OF CHANHASSEN Steve Ferraro Engineering Tech IV/Construction Manager SF:js g\eng\projects\f-j'tiumminghird heights\loc\releme ofsecurity.doe Chanhassen is a Community for life - Providing for Today and Planning tar Tomorrow • 0 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 03/10/2014 10:29 AM Receipt No. 00245452 CLERK: bethanya PAYEE: Homestead Partners LLC 525 15th Ave S Hopkins MN 55343 - Street Restoration, Rain Garden Installations Engineering, Surveying & Inspection Summit Woods SE 13-109 ------------------------------------------------------- Security Escrow 17,655.00 Total Cash Check 1288 Change rV 17.655.00 0.00 17,655.00 0.00 i 0 Generous, Bob From: Jeffery, Terry Sent: Thursday, May 29, 2014 1:49 PM To: Thomas Strohm Cc: Peter Knaeble; Matt Hanish; Generous, Bob; Mohn, Jerry Subject: RE: Hummingbird Heights metes/Bounds - building permit Tom, These two lots are part of a "common plan of development or sale' as written in Part I.A.1 of the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Program (NPDES Construction Permit). This was spelled out in the preliminary plat staff report dated January 27, 2014: Page 4 -"Because these two lots are part of a larger common development, it will exceed the minimum threshold for a General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination System (NPDES - Construction Permit). The applicant will need to meet the requirements of this permit and provide evidence of this compliance. At a minimum, a Surface Water Pollution Prevention Plan (SWPPP) will need to be provided for staff review and comment before any site grading can take place." Within the same staff report, under the Section entitled STORMWATER MANAGEMENT beginning on Page 4, the absence of modeling data and the need to comply with NPDES and MCWD rules is discussed at length. The section concludes on Page 6 with the following statement: "As no specific designs were provided for the treatment areas, and no water quality modeling was provided, it is not possible to determine what level of treatment has been provided. As such no credit has been applied as it is not possible to determine the actual area treated or the efficacy of the treatment design. Provided they comply with the stormwater requirements of Minnehaha Creek Watershed District, avoid creating concentrated flow discharge points to the bluff area, and maximize the treatment potential of the rain gardens, a specific design of the features can be deferred." Finally, within the same report you point to the conditions that you were obviously already aware of. Conditions 8 —12 all speak to the regulatory requirements for this development. To meet the requirements you must obtain an NPDES permit for the entire development. You must assure that it is compliant with the NPDES rules and the watershed rules. A letter from the district would suffice for meeting their requirements but would not replace the need for an NPDES permit nor SWPPP. In addition, I need an Operations and Maintenance Manual for the rain gardens that are to be recorded with the lot. In summary: 1. Proof of compliance with Watershed Rules. This could be the form of a letter. If not then we need to see proof of compliance with NPDES permanent storm water management rules. 2. Proof of Compliance with NPDES permit requirements including a SWPPP and permit number. This permit will be valid for entire development. 0&M Manual for rain garden recorded against the property. Again, these conditions were clearly enumerated in the January 27, 2014 staff report and in a letter to you dated February 14, 2014. Thank you for your attention to these matters. SCANNED 0 Regards, Terry Terrance Jeffery I Water Resources Coordinator City of Chanhassen I Engineering Department 7700 Market Boulevard I Chanhassen, MN 55317 DESK 952.227.1168 1 MAIN 952.227.1160 From: Thomas Strohm [mailto:toms@homestead-partners.com] Sent: Thursday, May 29, 2014 11:43 AM To: Jeffery, Terry Cc: Peter Knaeble; Matt Hanish Subject: Hummingbird Heights metes/Bounds - building permit Terry, 0 I had left you a voicemail earlier today regarding the lot split for Hummingbird Heights we did a few months ago. Our builder, JMS, went into pick up their building permit and was told that they couldn't get it because we didn't submit the watershed permit. Its my understanding that these two lots wouldn't trigger a watershed permit as the disturbed area is under one acre. Furthermore, no work is actually being done by the developer, instead the builder will simply dig the foundation and grade as needed per the grading plans (including the rain garden). The city has its measures to control water/erosion through the building process. I looked through the conditions of approval, for the metes/bounds subdivision that has been recorded, and there are a few items in there that need clarification. I apologize some of these items may have been an oversight on my end. Regardless, 1. Condition 8 —The applicant must provide a letter from watershed stating that the development is in compliance with their stormwater mgmt. rules. 2. Condition 12 — I don't fully understand the need for an NPDES permit here as our plat is truly a standalone plat from the other plat in Shorewood. Furthermore, it appears that we are disturbing less than one acre. So I guess I am trying to confirm the need for a NPDES permit. Finally, the case could be made to treat these separately because what would happen if we never get approval in Shorewood? ... then we would never be able to pull a building permit in Chanhassen. I believe the root of the issue here is that we take necessary measures to manage stormwater and erosion control on our two lots. Again, we as the developer aren't actually doing any of the site work or improvements, rather the builder will be doing the grading of the lots and will subsequently be implementing their own stormwater and erosion control measures (monitored by the city per typical procedure). While I am not by any means trying to evade doing whats right and necessary, I just don't want to prevent our builder and future homeowner from having a major delay. Please let me know your thoughts on how to move forward and if you generally agree to treat the two plats separately. Maybe it's as simple as getting a letter from the watershed stating that we meet their standards as proposed... but when we talked with them several times today they didn't seem to have any idea what we were talking about, nor did they have a sense of urgency ... as our builder is ready to dig. Thanks for your assistance Terry. Tom Strohm Project Manager CAMPBELL KNUTSON Pmfessioeat Assouaaon Attorneys at Law 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651452-5000 FAX: 651452-5550 FILING OF DOCUMENTS TO: COUNTY RECORDER X REGISTRAR OF TITLES Please complete, date, and sign this form upon assigning document numbers for the documents listed below and give to the Custom Home Builders Title Company's representative at the time of recording these documents. Custom Home Builders Title Company will email the completed form to Jean Olson at: jolson@ck-law.com. CLIENT/MATTER: CITY OF CHANHASSEN / HUMMINGBIRD HEIGHTS THE FOLLOWING DOCUMENT(S) Abstract Torrens WERE FILED: Document No. Document No. Development Contract 1g2Ogt Grant of Permanent Easement for Drainage and Utility Tree Preservation Easement T tg2.CgLi at W'10 o'clock A.M on �i I Z �' q 2013, with the County Recorder / Registrar of es of Carver County, Minnesota. ---------- Thank you: SIGNED: Custom Home Bldrs. We 10850 Old County Road 15 Plymouth, MN 55441 f9ZCLj SCANNED 0 0 CAMPBELL KNUTSON April 8, 2014 HAND DELIVERED Vicki L. Dellwo Custom Home Builders Title, LLC 10850 Old County Road 15 Plymouth, MN 55441 Re: HUMMINGBIRD HEIGHTS, Chanhassen, MN (Owner/Developer: Summit Woods, LLC) Dear Ms. Dellwo This office is legal counsel for the City of Chanhassen ("City"). For convenience, Custom Home Builders Title, LLC is referred to in this letter as "you". This letter ("Escrow Instructions") constitutes escrow instructions for the closing to be scheduled with Summit Woods, LLC. The City's closing documents are enclosed herewith. The City's closing documents shall be deposited and disbursed strictly in accordance with the Escrow Instructions. Attached to this letter is an acknowledgement by you of the receipt of this letter and your agreement to hold and disburse the closing documents and funds in accordance with the Escrow Instructions. Prior to undertaking any actions related to the Escrow Instructions, you must first sign and return a copy of this letter to me via fax (original to follow by mail). I have enclosed a self-addressed return envelope for your convenience. 1. Documents. The City hereby releases to you in escrow the following documents which must he filed prior to any transfer documents or other liens or encumbrances: A. Development Contract between the City and Summit Woods, LLC ("Development Contract"); B. Grant of Permanent Easement for Drainage and Utility Purposes; C. Tree Preservation Easement; and D. Two (2) Warranty Deeds between Summit Woods, LLC. 2. Closing Conditions. You may record the above referenced documents with Carver County subject to the following conditions: 1rMIN You have received the executed Warranty Deed transferring title to the property described in Certificate of Title No. 36840.0 from Homestead Partners, LLC to Summit Woods, LLC. B. You have received payment from the Developer for all recording costs and fees for the recording of the all documents identified herein. SCANNED 0 0 Page 2 April 8, 2014 Custom Home Builders Title, LLC The documents referenced above must be recorded in the following order: • Warranty Deed between Homestead Partners, LLC and Summit Woods, LLC; • Development Contract between the City and Summit Woods, LLC; • Warranty Deeds between Summit Woods, LLC for the two newly created lots; • Grant of Permanent Easement for Drainage and Utility Purposes; and • Tree Preservation Easement. Once all documents have been recorded with the County, please provide this office with the appropriate recording information by requesting the County Recorder to complete the enclosed blue "Filing of Documents" sheet and either e-mail it to the address on the blue sheet, or forward the same to me in the self-addressed envelope provided. The City will not permit the developer to start work on the project until we receive the recording information. Once you receive the original recorded Development Contract from the County, please forward the same to me for the City's file. If you have any questions, please call. AMP/jmo Enclosures Cc: Alyson Fauske, PE Very truly yours, CAMPBELL KNUTSON Professional Association By: Andrea McDowe 1 Poehler RECEIPT ACKNOWLEDGEMENT Agreed to and accepted this J!/_ day of 2014. CUSTOM HO UILDERS TITLE, INC. F) Senior Commercial Escrow Officer 175412 It �CUSTOMHOMEBUILDERS T I T L E, L L C May 27, 2014 Homestead Partners, LLC 525 15th Avenue South Hopkins, MN 55343 Attn: Tom Strohm RE: File No. HB -26862A Dear Tom, 0 10850 Old County Road 15, Sufte 100 Plymouth, MN 55441 Main: 763-489-3240 Fax: 763-489-3241 Property at 6221 Hummingbird Road Enclosed please find the following documentation regarding the above referenced file: 1. Invoice. 2. Warranty Deed filed as Document No. T192040. 3. Copy of Development Contract filed as Doc. No. T192041. (Orig. to Campbell Knutson) 4. Warranty Deed filed as Document No. T192042. 5. Warranty Deed filed as Document No. T192043. 6. Grant of Permanent Easement filed as Doc. No. T192044. 7. Tree Preservation Easement filed as Doc. No. T192045. It was our pleasure to assist in your transaction, and if you have any questions regarding this information please contact me at 763489-3240. We look forward to working with you again. Very truly yours, Custom Home Builders Title, LLC � yr Alison J. Twiss Final Documents r� u � Pioa �95, 5u5nna., NG dN'rlgtpnt mrsa sM1d 7rlger ads: CwdFca of Rml Eslym Valve ( ) Fled M Nal Rs WW C# talrte e • 20A_ -T1eeMaaf By • Document No. OFFICE OF FHE REGISTRAR OF TITLES T 192040 CARVER COUNTY, MINNESOTA Receipt t Certified Recorded on April 23, 2014 4:10 PM 192040Cent N 36929 Fee. $4600 MarkLcignan nllllllnll1IMp Regntra of Tsles C..pntW, rW 61r n 5L1d N.eauS •""'." Cwrq..dwa u(.'TN/ Cebr..) N C.rpnrl.., r. ....13.r flblb6_ILNY. Cml�••r a.1rr... b.�r. o -,o 51FFD TAX mSs:s1,45 -tD+*1 c.ns U6s ThAl •Y st,u.nr rOR.IK VAWABSIl GONS50EUT5my Np .Jho LC LX.[ ,..... nr..ry 1nEC W NVr d OrWw, 3.•by e..%. d.'erebb a 5en.! LG ,b6v tl. bm o2 M to rd 5(apelly u fa.ny. Nimrod. dsmi.d n fa0om: SU ATTAOM E)CHIBUA .A5.5U5COJO bpee.,04 �.e d yp --WJ 0ddn,'"0-b 0. NN MN C bwffrpplislY'. T adlm cEfwMiS.Int 6ie.dkw a(np•xWwiivibdtipq.r1Y A. 0 d..lw.e eNfllab.addpdn i doad- 1 .m Film vM 0. 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T18a 10850 Old County Road 15 RrWAl MN 55411 0 LEGAL DESCRIPTION EXHIBIT A • Lot 6, "Murray HBI" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest comer of the Northeast Quarter of said Section 3; thence East 12 rods and 19 finks; thence South 9-1/2 degrees East to the point of intersection with the South line of Lot 6,'Murray Hilr it extended; thence West to the Southeast comer of Lot 6, 'Murray Hill"; thence North along Fast fine of Lot 6 to the point beginning, Carvel County, Minnesota. Torrens Property (1-111-35167APF 261162A59) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA HEIGHTS DEVELOPMENT CONTRACT (Developer Installed Improvements) " 40 CUSM Home Bldrs. Title 10850 Old County Road 15 RFOulh, MN 55441 Document No. OFFICE OF THE ® T 192041 REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Receipt 0 Certfied Re rdc w Apel 23, 2014 4:10 PM 192041 Cert It 36929 Fee: $4600 Mark gw �II�II� II�III Regr9mraof Tiller CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA HEIGHTS DEVELOPMENT CONTRACT (Developer Installed Improvements) " 40 CUSM Home Bldrs. Title 10850 Old County Road 15 RFOulh, MN 55441 SPECIAL PROVISIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 0 • TABLE OF CONTENTS REQUEST FOR PLAT APPROVAL ......................................... CONDITIONS OF PLAT APPROVAL ..................................... DEVELOPMENT PLANS......................................................... IMPROVEMENTS..................................................................... TIMIi OF PERFORMANCE...................................................... SECURITY................................................................................. PAGE SP -1 SP -1 SP -1 SP -1 SP -2 SP -2 NOTICE......................................................................................................................... SP -2 OTHER SPECIAL CONDITIONS................................................................................SP-3 GENERAL CONDITIONS...........................................................................................SP-5 GENERAL CONDITIONS 1. RIGHT TO PROCEED.................................................................................................00-1 2. PHASED DEVELOPMENT........................................................................................GC-1 3. PRELIMINARY PLAT STATUS................................................................................GC-1 4. CHANGES IN OFFICIAL CONTROLS ................. _.................................................. GC -1 5. IMPROVEMENTS.......................................................................................................GC-1 6. IRON MONUMENTS..................................................................................................GC-2 7. LICENSE......................................................................................................................GC-2 8. SITE EROSION AN SEDIMENT CONTROL.........................................................GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING..................................................................................GC-2 9. CLEAN UP ................................. .................................................................................. GC -3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-3 11. CLAIMS.......................................................................................................................GC-3 12. PARK DEDICATION..................................................................................................GC-3 13. LANDSCAPING..........................................................................................................GC-3 14. WARRANTY...............................................................................................................GC-4 15. LOTPLANS.................................................................................................................GC-4 16. EXISTING ASSESSMENTS.......................................................................................GC-4 17. HOOK-UP CHARGES.................................................................................................GC-4 18. PUBLIC STREET LIGHTING.....................................................................................GC-4 19. SIGNAGE.....................................................................................................................GC-5 20. HOUSE PADS..............................................................................................................GC-5 21. RESPONSIBILITY FOR COSTS................................................................................GC-5 22. DEVELOPER'S DEFAULT.........................................................................................GC-6 22. MISCELLANEOUS A. Construction Trailers........................................................................................GC-6 B. Postal Service....................................................................................................GC-7 C. Third Parties ................................... _.................................................................GC-7 D. Breach of Contract............................................................................................GC-7 E. Severability.......................................................................................................GC-7 0 a F. Building Permits...............................................................................................GC-7 G. Waivers/Amendments.......................................................................................GC-7 H. Release ........... ................................................................................................... GC -7 I. Insurance........................................................................................................... GC -7 J. Remedies...........................................................................................................GC-8 K. Assignability................................................. _.................................................. GC -8 L. Construction Hours .................................................... ........... ........................... GC -8 M. Noise Amplification..........................................................................................GC-8 N. Access...............................................................................................................GC-8 O. Street Maintenance ............................................................................................GC-8 P. Storm Sewer Maintenance ................................................................................GC-9 Q. Soil Treatment Systems ......... .......................................................................... GC -9 RVariances .............................................................. .........._------ ........................... GC -9 S. Compliance with Laws, Ordinances, and Regulations.....................................GC-9 T. Proof of Title.....................................................................................................GC-9 U. Soil Conditions................................................................................................GC-10 V. Soil Cotrection................................................................................................GC-10 W. Haul Routes ............................... ........................ _.................... _ ..................... .... GC -10 X. Development Signs..............................................................................................GC-10 Y. Construction Plans...............................................................................................GC-10 Z. As -Built Lot Surveys ............................ »_........................................................... GC -11 ii 0 0 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) HEIGHTS AGREEMENT dated January 27, 2014 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, Summit Woods, LLC, a Minnesota Limited Liability Company (the 'Developer"). 1. Request for Subdivision Approval. The Developer has asked the City to approve a subdivision for HUNIlvgNGBIRD HEIGHTS (referred to in this Contract as the "subdivision"). The land is legally described on the attached Exhibit "A". 2. Conditions of Subdivision Approval. The City hereby approves the subdivision on condition that the Developer enter into this Contract, famish the security required by it, and record the subdivision with the County Recorder or Registrar of Titles within 30 days after the City Council approves the subdivision. 3. Development Plans. The subdivision shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the subdivision. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Subdivision approved January 27, 2014, prepared by Terra Engineering. Plan B: Grading, Drainage and Erosion Control Plan dated January 27, 2014, prepared by Terra Engineering. 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer Service to Lot 2 B. Water Service to Lot 2 C. Street restoration costs related to sanitary sewer and water service installation. D. Storm Water Drainage System E. Setting of Lot and Block Monuments F. Surveying and Staking G. Erosion Control SP -1 0 0 5. Time of Performance. The Developer shall install all required improvements by November 15, 2014. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, installation of sanitary sewer and water service to Lot 2, street repair resulting from the installation of the sewer and water service to Lot 2, and installation of the rain garden features, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $17,655.00. The amount of the security shall be 110% of the following: Street restoration $ 10,000.00 Rain garden installations $ 5,000.00 Total construction costs $15,000.00 Engineering, surveying, and inspection (7% of construction costs) $1,050.00 Subtotal $16,050.00 TOTAL SECURITY AMOUNT: $17,655.00 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract If the required improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot comers have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Tom Strohm, Project Manager Homestead Partners 525 15°i Avenue South Hopkins, MN 55343 Phone: 612-695-2275 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: SP -2 0 0 Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. SECURITIES AND FEES A $17,655.00 letter of credit or escrow for the developer -installed improvements, the $22,531.10 cash administration fee and the fully -executed development contract must be submitted. The cash fee was calculated as follows: Park Dedication fee: 2 units x $5,800/unit $11,600.00 Partial payment of water hook up fee: 2 units x $1,886/unit $ 3,772.00 Partial payment of sewer hook up fee: 2 units x $664/unit $ 1,328.00 Storm Water Utility connection fee $ 5,336.10 Administration fee (3% of construction costs) $ 450.00 GIS fee: $25 (subdivision) + (2 parcels x $10/parcel) $ 45.00 $22,531.10 B. BUILDING DEPARTMENT CONDITIONS OF APPROVAL 1. Appropriate permit(s) required for the demolition or moving of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before building permits can be issued 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 4. Each lot must be provided with separate sewer and water services. C. ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL 1. A $10,000 security must be provided to ensure that the street is restored following the installation of sewer and water services to Lot 2. The security can be released when the City determines that the patch is in good condition after one freeze -thaw cycle. 2. Sewer and water hookup charges are due for both parcels, a portion of which shall be collected with the subdivision: Water. 2 units x $1,886hinit = $3,772 Sewer: 2 units x $664hmit = $1,328 The remainder of the water and sewer hookup fees shall be paid with the building permit at the rate in effect at that time. SP -3 0 3. The City Attorney shall draft and the developer shall execute a "Grant of Permanent Easement for Public Drainage and Utility Purposes' document. This document shall be recorded with the metes and bounds subdivision. 4. The City Attorney shall draft and the developer shall execute a "Preservation Easement" document. This easement shall restrict the removal of vegetation to allow for only the removal of invasive vegetation or noxious weeds and only after the removal has been reviewed and approved by the City. The document shall also forbid any topographic alterations or placement of fill materials except as is necessary to correct demonstrable erosive conditions provided a plan is developed by a licensed civil or soils engineer or a licensed geologist or soil scientist. In the event this easement is vacated Storm Water Management Fees, as listed in Section 4-30 (c) 3 of the City Code, shall be due for the vacated area at that time. This document shall he recorded with the metes and bounds subdivision. 5. Storm Water Utility connection fees totaling $5,336.10 shall be collected with the subdivision. 6. A plan showing the design of the rain garden features along with details and specifications shall be provided for review and approval. 7. The proposed location of the rain gardens shall be moved such that it treats water from the driveway and/or road area and so that there is not a concentrated flow condition to the bluff area. The applicant must provide a letter from Minnehaha Creek Watershed District stating that the development is in compliance with their stormwater management and erosion control rules. 9. An operations and maintenance manual describing the schedule for anticipated inspections and maintenance of the rain garden areas and indicating who is responsible for the long-term care and maintenance of the features unless included with MC WD submittal and approval. 10. A $5,000 security must be provided to ensure that the rain garden features are constructed on lots 1 and 2. The security can be released when the City confirms that they have been constructed per design and have adequately performed through one full growing season. 11. A Surface Water Pollution Prevention Plan (S WPPP) meeting the requirements of the NPDES construction permit shall be provided for review and comment. 12. The applicant shall provide proof that the NTDES permit has been applied for and received from the MPCA. This can be in the form of the permit number. SP -4 0 13. All erosion prevention and sediment control shall be installed prior to any earth - disturbing activities. The city shall be contacted to inspect that this condition has been met 14. All applicable details shall be included in the plan set and shall be specific to the proposed improvements. 15. The detail for the bioretention facility shall be modified such that it does not include in situ soils materials. 16. The underdrain shall be fitted with a mechanism to restrict flow to the outlet A geotechnical report or percolation testing report indicating that the area is not conducive to infiltration as described in the MN Online Stormwater Manual can be submitted in lieu of this. 17. Silt fence or other perimeter controls shall be installed to protect the rain garden areas from all construction -related activities and shall be placed as far from the top of bluff as is reasonable to allow adequate room for construction equipment yet protecting the bluff. 18. The plans should call out for all infiltration/filtration areas that they are to be protected from all construction related activities throughout the duration of the project. D. PARKS AND RECREATION DEPARTMENT CONDITION OF APPROVAL The developer shall pay park dedication fees at the rate in force upon final plat approval for the two lots prior to recording the property deeds. E. PLANNING DEPARTMENT CONDITION OF APPROVAL Deeds for the two parcels shall be submitted to the city for review and approval and then recorded at Carver County. 9. General Conditions. The general conditions of this Contract are attached as Exhibit 'B" and incorporated herein. SP -5 (SEAT.,) •. • CITY OF CHANHASSEN' I 4 t—j Furlong, Mayor Gerhardt, City Manager SUMMIT WOODS, LLC: BY: �'= - Its ' k - i ' l &«'U Ize STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this V day of d 2014, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. I '�N n A STATE OF MINNESOTA ) ( as. COUNTY OF 1 rwr t!4; 4) KARENI ENGELHARDT Notary Public -Minnesota Y Commission Expires Jan 31.201 The foregoing instrument was aclmoy✓ledged before me this� day of (t -rt, C 1; 2014, byejd5- f7(;1' of Summit Woods -LLC, a Minnesota Limited Liability Company, on behalf ofthe-Wmpany_.- - -- r NOTARY PUBLI& DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 DARLEEN C TURCOTTE - E Notary Public Minnesota My Comm. Expires Jan 31, 2015 SP -6 0 EXHIBIT "A" 0 TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Lot 6, Murray Hill according to the recorded plat thereof on file and of record in the office of the Registrar of Deeds in and for Carver County, Minnesota That tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest comer of the Northeast Quarter of said Section 3, thence East 12 rods and 19 links; thence South 9%: degrees East to the point of intersection with the South line of Lot 6, Murray Hill according to the recorded plat thereof on file and of record in the office of the Registrar of Deeds in and for Carver County, Minnesota, if extended, thence West to the Southeast comer of Lot 6, 'Murray Hill"; thence North along East line of Lot 6 to the point of beginning. 0 0 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners f all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of Js , : L. 20L. STATE OF MINNESOTA ) (ss' COUNTY OF 01 The foregoing instrument was 20) bby l.'.. .,-4 DARLEEN C TURCOTTE Notary Public 4! Minnesota f My Comm. Expires Jen 91, 2015 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 before me this day of t �NL 171 • MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property, the development of whichis governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this Z day of 4 '! 20Z -4Z. STATE OF MINNESOTA ) ( ss. COUNTY OF ALU d �' J The foregoing instrument was ad.. 20, 4 by � \ N t\V 4 14 ._`',c ! 47: (D-4 LC DARLEEN C TURCOTTE Q,�'"\ Notary Public °1 Minnesota ";s My Comm. Expires Jan 31. 2015 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 r before me thisLC: u day of V `. f L ARY CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) I W4: 11.3 tIY 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earthy remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter. notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer finnished to the City and approved by the City Engineer. The Developer shall obtain all necessary GC -1 permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspectors) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City stafL to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Mina Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area Except as otherwise provided in the erosion and sediment control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sediment transport. 1f the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash GC -2 0 0 escrow or letter of credit per lot shall also be famished to the City to guarantee compliance with City Code § 7-22. 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract the improvements lying within public easements shall become City property. After completion of the improvements. a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attomeys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one-half (2%) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between GC -3 • 0 October 1 through May I these conditions must be complied with by the following July 1st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 tnspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall he returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re -spread against the plat in accordance with City standards. 17. Hook-up Charges.. At the time of final plat approval the Developer shall pay 30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot in the plat in the amount specified in Special Provision, Paragraph 8, of this Development Contract. The balance of the hook-up charges is collected at the time building permits are issued are based on 70% of the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City GC -4 0 0 ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for famishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly fumish the City "as -built" plans indicating the amount type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the Citys cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the constriction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2'/z%) of construction costs for the first $1,000,000 and one and one-half percent (1'/z%) of construction costs over $1,000,000. Before the City signs the final plat the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. in addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement GC -5 0 0 C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attomeys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attomeys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in M. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the worst and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre -construction meeting for installation of public improvements. Trailers shall be removed from the subject property within GC -6 0 0 thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request C. Third Parties. Third parties shall have no recourse against the City under this Contract The City is not a guarantor of the Developer's obligations under this Contract The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it D. Breach of Contract Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property . After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat The certificate shall provide that the City GC -7 must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assimiability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 am. to 6:00 pm. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation s 500.00 Second violation S 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract 'Me administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Wanting signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request The City shall not be responsible for reshaping or damage to the street C��7 0 0 base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2 -year maintenance period. Q. Soil Treatment Systems. if soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are fust provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit - R, Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws. Ordinances, and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract, U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. GC -9 r 0 V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi -lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot W. Haul Routes. The Developer, the Developer's contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Sins. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11"x17" reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2) two complete full-size sets of blue line/paper as -built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either .doe or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format Z. As -Built Lot Surveys. An as built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as -built survey is completed. If the weather conditions at the time of the as -built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as -built escrow withheld until all work is complete. 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MN s55{s 10850 Old Courtly Road 15, Plymouth, MN 55441 • . 0 Legal Description Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended; thence West to the southeast corner of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Which lies southerly of the south line of the north half of said Lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. 3 0 0(I CT" PI)#.fir-). F)�5M lb No deFrpuent tams and transfer entefed: CerwAte of Rssl Ewe Vete ( ) Fieri (>jW RWxW 2oJ� WY M veer or-Tlelleuar 0 Document No. OFFICE OF THE T 192043 REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Receipt X Ceftdied Recorded on April 23, 2014 4:10 PM 192043 Gen a 36931 Fee: $4600 Mark Lundgren 1111111111 Registrar of Tales cera, rver ®..yr rd ..racer � nw � c .bra oral MaPreY N liner c1. Mlo , da r folbw{: ,5 5501 M,0 .{aria rid Al I ... nd gfvmncw EsioneF{ V . ry J� b r fullowiv{ a:ppimr Qat M v yPLa & Thr Ww ve Ynr Sellr4m ear Feow of sy wvllrmdb Mored rslPWarY. A wall dlraJ atiGeu rmrppdr 66 de L (afmilia rfb Sr RaOarY Mmbd ulir ireva.n ed 1 eerilyrd m Waw b m W doabd r� pryary Lara.cl tLw fd rico r!r W1 Pe 'Y lad wre lirabrmr mtirada. Arr sw a uc geed rUa".�a�s"1���(P,�_ ASv naedm MO ffi,'1Q3-)u 1Datei e> a Coneerwfion Fee Peld Iv LTrI e r Jeune Davies 9rAT[Or MLTBY OtA (jryy Cpenlyeun110I-TreYieLei rnrrnTv or r!A Tho iv.. w tlmwld{d 4dan ree YIOY(' ' 1� zL! q Jlend N eeneMwaM da ons d._C .d of - 6 id 15 f ry)Tquth, MN 55141 0 0 Legal Description Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended; thence West to the southeast corner of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Which lies northerly of the south line of the north half of said Lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. 0 0 Document No. OFFICE OF THE T 192044 REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Receipt N Cemfied Recorded on April 23, 2014 410 PM 1920rp4p'9 Ce 0 36930, 36931n : $66.00 Mark Lundgren 11111111 Registrar of Titles lti [rrvM for r[rordU[e u/w.naa:, GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILFFY PURPOSES SUMMIT WOODS, LLC, a Minnesota limited liability company, "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, on, across, under, and through the land situated in the County of Caner, State of Minnesota, legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility system over, across, on, under, and through the permanent easement premises, together with the right to grade, level, fill, drain, and excavate the permanent easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility easement. Custom Home Mrs. Tro6 10850 Old County Road 15 Plyrtrouth, MN 55441 174:90 0 0 The above named Grantor, for itself, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easements to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this day of 12014. GRANTOR: SUMMIT WOODS, LLC 1 By:�.l 1 .. STATE OF MINNESOTA ) J�,�i �"Aj )ss. COUNTY OF ) 1 The foregoing instrument was acknowledged before me this day of 2014, by ;ir�t (`l `r�{� t., �i'ie � : cs %iii' of Summit Woods, LLC, a Minnesota limited liability company, on b lialf of said limited liability company. Fi DARLEEN C TURCOTTE /-- - Notary Public Notary Public Minnesota My Comm. Expires .ti±�• len 91 OMC THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL ICNUfSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651452-5000 AMPlmo 174290 EXHIBIT"A" to GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES An easement for drainage and utility purposes over, under and across the northerly and southerly 5.00 feet and the easterly and westerly 10.00 feet of that part of the property described as follows: Lot 6, "Murray Hill" according to the recorded plat thereof in Carver County, Minnesota, and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest comer of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended; thence West to the southeast comer of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Which lies northerly of the south line of the north half of said Lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. /:`57 An easement for drainage and utility purposes over, under and across the northerly and southerly 5.00 feet and the easterly and westerly 10.00 feet of that part of the property described as follows: Lot 6, "Murray Hill" according to the recorded plat thereof in Carver County, Minnesota, and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest comer of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended; thence West to the southeast comer of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Which lies southerly of the south line of the north half of said Lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. 174290 DESCRIPTION EXHIBIT Sheet 2 of 2 fkIIa6N:0ud:1/2'/14 2,20,1, I hwoby owNl, that this wn.y, a.NEll w rayon .a. pr.porW •Y m. er .rN.r File No. DEMARS—GABRIEL � &.I .�.:. u a t I .in . awy .y.t.raa Lana su wyw u dw M 741 D{ ND SURVEYORS, WC. Fk415Pope 6875 Washington Ave. so. �.._.___�--.__-. 6p\o-as Plymouth, MN 55447 Irad E. Crow Phone:(763) 559-0906 Soul,�I, I/24/14 min --Ray. No. 22411 I'-60, W awnw of NC 1/4 J SHOREV009 5". 3.T. 116. A. 23. �'_.•� (paF1 J M,N.N6) CHENN. CU.) North_(inb_Lot by MURRAY HILLNN -" 12 roN N Yae (210.54) anv J_HE 1/4 of U.. ], T. 116. It. 0. CNANHASSEN _. —--.-_..,.__ r- -0 ._ _ ... _—_�i _..... (CARVER CO.) I --- 1 ( Al Ip—t A VII ■II V rU � � r \11 I � y� n I/1T 1 A T I Parcel V\/ I +HIS r R= I t:J Easterly e.tenefen of the South Ifne of north half of Lot 8, MURRAY HILL _ C � South line of north half W m —'�— '-1 ° n ;:r Lot 6. MURRAY HILL �•1 Parcel I r J S a $ South line Lot 8 MURRAY HILL"-` �� 9..eua t mmw of Lot 4. HURRAY HILL E.ten:lon of thy South line Lot 6. MURRAY HILL Sheet 2 of 2 fkIIa6N:0ud:1/2'/14 2,20,1, I hwoby owNl, that this wn.y, a.NEll w rayon .a. pr.porW •Y m. er .rN.r File No. DEMARS—GABRIEL � &.I .�.:. u a t I .in . awy .y.t.raa Lana su wyw u dw M 741 D{ ND SURVEYORS, WC. Fk415Pope 6875 Washington Ave. so. �.._.___�--.__-. 6p\o-as Plymouth, MN 55447 Irad E. Crow Phone:(763) 559-0906 Soul,�I, I/24/14 min --Ray. No. 22411 I'-60, 0 MORTGAGE HOLDER CONSENT TO EASEMENT is u�i�cvlLldt��1rtLr'[, a�:sri�/i`.R��Lv �c. which holds a mortgage on all or part of the property more particularly describe in the foregoing Grant of Permanent Easement for Drainage and Utility Purposes, which mortgage is dated 20_ and recorded f, h, , s (( , 20� as document number T , with the office of the County Registrar for Carver County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents and is subject to the above referenced easement document 4 1 Dated this � day of 7 La, r i1 2014. By �' �� .lr'f7 / ,d ,,I7�c✓ [pnntnamel Its 'tre" V AL STATE OF MINNESOTA ) )ss. COUNTY OF ,� i k�l'J 0 ) The foregoing instrument was acknowledged before me this 1 C. day of tw,c4 2014, byU��a' of ht 1_ — Lu- — _ , a C'- �L P on its behalf. DRAFTED BY: CAMPBELL Kwt7soti Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651)452-5000 AMP/Jmo 174290 /Re,r.vsdlo.mmdua lo.�mai TREE, PRESERVATION EASEMENT INSTRUMBNT made this '�_ day of 1Q,,, lJ� 2014, by and between SUMMIT WOODS, LLC, a Minnesota limited liability company ("Grantor"), and the CITY OF CHANE ASSEN, a Minnesota municipal corporation ("City"). The Grantor, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby grants the City a permanent tree preservation easement over, under, and across real property in Caner County, Minnesota, legally described on the attached Exhibit "A" (the "Subject Property"). The Grantor, for itself, its successors and assigns, agrees that the following are prohibited in perpetuity on the Subject Property, unless the Grantor obtains the consent of the City or a release of the casement or portion thereof by the City and, if required by the City, pays any fees waived by the City upon subjecting the Subject Property to this easement, such as storm water management plan fees at the rate in effect at the time of the release: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothes line poles, and playground equipment. B. Cutting or removing trees. When approved by the City, removing dead trees, trimming trees to maintain health, removing diseased trees, and removing selected trees may be undertaken, L-4-1 31't.7-� CllatDM Home B Title 10850 Old County Road 15 PIMOUth, MN 55441 Document No. OFFICE OF THE 192045 OUT REGISR OF TITLES CARVER COUNTY. MINNESOTA Receipt p Certified Recorded or April 23, 2014 4:10 PM 192045 cert rl 36930,36931, 86600 Mark Lundren 11111111.1 Registrar o9 Titles /Re,r.vsdlo.mmdua lo.�mai TREE, PRESERVATION EASEMENT INSTRUMBNT made this '�_ day of 1Q,,, lJ� 2014, by and between SUMMIT WOODS, LLC, a Minnesota limited liability company ("Grantor"), and the CITY OF CHANE ASSEN, a Minnesota municipal corporation ("City"). The Grantor, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby grants the City a permanent tree preservation easement over, under, and across real property in Caner County, Minnesota, legally described on the attached Exhibit "A" (the "Subject Property"). The Grantor, for itself, its successors and assigns, agrees that the following are prohibited in perpetuity on the Subject Property, unless the Grantor obtains the consent of the City or a release of the casement or portion thereof by the City and, if required by the City, pays any fees waived by the City upon subjecting the Subject Property to this easement, such as storm water management plan fees at the rate in effect at the time of the release: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothes line poles, and playground equipment. B. Cutting or removing trees. When approved by the City, removing dead trees, trimming trees to maintain health, removing diseased trees, and removing selected trees may be undertaken, L-4-1 31't.7-� CllatDM Home B Title 10850 Old County Road 15 PIMOUth, MN 55441 0 C. Excavation or filling, unless necessary to prevent a significant erosion issue when part of a plan developed by a licensed civil, soils engineer or geologist and approved by the City. The above named Grantor, for itself, its successors and assigns does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it indemnify and hold the City harmless for any breach of the foregoing covenants. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Subject Property. Grantor shall hold harmless, indemnify and defend the City its officers, employees, and agents from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including without limitation, reasonable attomeys' fees arising from or in any way connected with: (1) the result of a violation or alleged violation of any State environmental statute or regulation; (2) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition or other matter related to or incurring on or about the premises, regardless of costs, unless due solely to the gross negligence of any of the City, its officers, employees or agents; and (3) existence and administration of this easement. [Remainder of page intentionally left blank. Signatures contained on the next page.) 174843v2 0 STATE OF MINNESOTA ) ) ss. COUNTY OFfk_wiclI )0 ) • GRANTOR: SUMMIT WOODS, LLC By Its /.- The foregoing instrument was acknowledged before me thisL day of 1 H C C 4 2014, by tklu ti. !' `, Iti-,1!, dU3'—�: r= l ✓, r -r f bi`Strmmit Woods, LLC, a Minnesota limited liability company id f behalf h b on eaosaid company, t c �or.------------. OARLEEN C TURCOTTE Notary Public Notary Public Minnesota ., My Comm. Expires Jan 31, 2015 174643v2 • 0 CITY OF CHANHASSEN By A Tom Furlong, Mayor (SEAL) By ;�17 'Aj"'t— - Todd Gerhardt, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this /our day of 2014, by Tom Furlong and Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notaiy Publi gkow-`,, KARc.EN J. ENGELHARDT Notary Public -Minnesota 'gyres Jan R 2015 INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON ProfessionalAssociation 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Mimesota 55121 Telephone: 612 452-5000 A1vIPrimo 17484342 EXHIBIT "A" to TREE PRESERVATION EASEMENT Legal description of Tree Preservation Easement: An easement for tree preservation purposes over, under and across that part of the property described as follows: Lot 6, "Murray Hill" according to the recorded plat thereof in Carver County, Minnesota and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest comer of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended; thence West to the southeast comer of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Which lies northerly of the south line of the north half of said Lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. Which lies easterly and northeasterly of a line drawn from a point on the northerly line of said Lot 6, distant 147.00 feet easterly of the northwesterly comer of said lot, to a point on the southerly line of said lot, distant 207.00 feet easterly of the southwesterly comer of said Lot 6. & UD An easement for tree preservation purposes over, under and across that part of the property described as follows: Lot 6, "Murray Hill" according to the recorded plat thereof in Carver County, Minnesota and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest comer of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill' if extended; thence West to the southeast corner of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Which lies southerly of the south line of the north half of said Lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. Which lies easterly and northeasterly of a line drawn from a point on the northerly line of said Lot 6, distant 147.00 feet easterly of the northwesterly comer of said lot, to a point on the southerly line of said lot, distant 207.00 feet easterly of the southwesterly comer of said Lot 6. n4s43V2 • 0 EXHIBIT "B" to TREE PRESERVATION EASEMENT 1717 I U M'eet Gro yet fi, MUR3.4Y "LL ��n o JS_— 5I IT, y0 U £u W� r u �� cz Cp u�a�to ! rn �J Q -k 3 Ti dol! o F :01 > II >> Io r p = 174d43v2 nw �O Pz M'eet Gro yet fi, MUR3.4Y "LL ��n o JS_— 5I IT, y0 ? ^ r u �� cz r F— Cp co � � i�Ise O mg II fay �_ Iio >. 3 Ti dol! o F :01 > II >> Io r p = NJ JF r _TC^ 57" j X 1 �4 3 - _ a':•7 i� a.s 174d43v2 pace in%cniirnally ib1C.,k 174843c2 0 0 MORTGAGE HOLDER CONSENT TO EASEMENT �r..l�/1✓ %76%91���:'uyr spa, a � r� 4'i� l uLa �� / 6i. , which holds a mortgage on all or part of the propefty more particularly described idthe foregoing Tree Preservation Easement, which mortgage is dated t-. i- , _, . -!20_1 and recorded 1 l0 , 20� as document number with the office of the County Recorder/ gistrar for Carver County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents and is subject to the above referenced easement document. Dated this' day of is - f 2014. By [printname] its STATE OF MINNESOTA ) )ss. COUNTY OF r LW._ a W ) The foregoing instrument was acknowledged before me this 1'_ day of V 2014,byKIyl,�c� 14 the :-'cI Of r ! , u. C_ _.tea ( - _ _ on its behalf. DABLEEN C TUR Wit 2r 4 rt, Notary wb5o Notary Minnesota My Comm. Expires Jan 31, 2015 THIS INSTRUMEI.T DRAFTED BY: CAMPBELL KNL7SON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651)452-5000 AMP1Jmo :74843,? .It- i e WARRANTY DEED Form No. 9-M Minnesota Uniform Corporation, Partnership or Limited Liability Conveyancing Blanks (6/17/97) Company to Corporation, Partnership or Lim sled Liability Company (Top 3 mora Reened for Reradma Dm) DEED TAX DUE: $ Dare: FOR VALUABLE ODNSIDERATION, Summit Woods LLC a Limited Liability Company under the laws of Minnesota Grantor, hereby conveys and warants to Summit Woods LLC Grantee, a Limited Liability Comauy under the laws of Minnesota real property in Carver County, Minnesota, described as follows: SEE ATTACHED EXHIBIT together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Covenants Conditions Restrictions and Easements of record If any Check box if applicable: ® The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familia with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. mml Woos LL Affix Deed Tax Stamp Here By Naner H.S oenwe Is Chief Manager STATE OF M(IrfqRSOTA t BY COUNTY OF f as This instrument wasac{aowledged before me by Nancy H. Schoen w=10 the Chief Manager of Summit Woods LLC on /I4.(er'�I� xr`unnu[Nottay ivnov��� ry Puhlic 1�s4.i7 and under the laws of xr`unnu[Nottay ivnov��� ry Puhlic NATURE OF NOTARY PrJBI.iC OR Minnesota My Comm. Expires Jan 31, 2015 Clabereif all orpan attic landaRcjpAwdfrarms) Tea a nus for ere tai pioperw described in Lhis aawmau slwuld THIS INSTRUMENT WAR DRAFTED BY (NAME a ADDRESS). be ant b (mdude vane and add" of Grants)' Custom Home Builders Trtlq LLC Summit Woods, LLC 10850 Old County Road 15 Plymouth, MN 55441 (763)489-3240 525 15th Ave. S. ile FIB -26862A Hopkins, MN 55343 SCANNED 0 • City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not /apply to this instrument. ✓ That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. 'Dated:mw L) t� By Deputy Chanhassen City C`TIeAc (/+ Printed Name: �b�/ ` 4?-rl G� Legal Description Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended; thence West to the southeast corner of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Which lies southerly of the south line of the north half of said Lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. WARRANTY DEED Form No. 9-M Minamota Uniform Corporation, Partnership or Limited Liability Conveyancing Blanks (6117/97) Company to Corporation, Partnership or Limited Lability Company Crw 3 bmchca Revewe for rseaedins rag) DEED TAX DUE: S Date: FOR VALUABLE CONSIDERATION, Summft Woods. LLC a tamited Liability Company Grantor, hereby conveys and wartams W under the laws of Minnesota , Grantee, a Limited Liability Company under the laws of Minnesota , real property in Carver County, Minnesota, des;riW as follows: SEE ATTACHED EXHIBIT A together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Covenants Conditions Restrictions and Easements of record if any Check box if applicable: ® The Seller terrifies that the Seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document I am familiar with the property described in this instrument and I certify that the status and number of wells on the descri"W real property have not changed since the last previously filed well disclosure certificate. Summit Woods, LLC Affix Deed Tax Stamp Hae By - ai osrvotx Its Chief Manager STATE OF NnNNfSOTA COUNTY OF�A� ser This instrument was acknowledged before me by Nancy H. Schoenwetter the Chief Manager of Summit Woods, LLC on behalf of the Lem Rt NOT Ar 3 r Notary Public My Comm. Jan 31. Custom Hame Builders Title, LLC 10850 Old County Road 15 Plymouth, MN 55441 (763)489-3240 By 1 A its MIz" and and f._1yne;ldcra Chink heat if all er pen a the Immd'o lkepe cdl (Tencel) Tu saemmn fa 9e rM p.,M drseotrd m dna usaummm shoed be out W (include none end address of Glow): Summit Woods, LLC 525 l5th Ave. S. Hopkins, MN 55343 SCANNED City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: 3 lZ H By Deputy Chanhassen �Citylerk Printed Name[ 0 Legal Description Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended; thence West to the southeast corner of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Which lies northerly of the south line of the north half of said Lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. 0 Existing Legal Description: Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended; thence West to the southeast corner of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Proposed Parcel A: That part of the property described as follows: Lot 6, "Murray Hill' and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended; thence West to the southeast corner of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Which lies northerly of the south line of the north half of said Lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. Proposed Drainage & Utility Easement Parcel A: An easement for drainage and utility purposes over, under and across the northerly and southerly 5.00 feet and the easterly and westerly 10.00 feet of that part of the property described as follows: Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended; thence West to the southeast corner of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Which lies northerly of the south line of the north half of said Lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. Sheet 1 of 2 -;CANNEL PDF created with DdfFactory trial version www.odffactorv.com • 0 Existing Legal Description: Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended; thence West to the southeast corner of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Proposed Parcel B: That part of the property described as follows: Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended; thence West to the southeast corner of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Which lies southerly of the south line of the north half of said Lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. Proposed Drainage & Utility Easement Parcel B: An easement for drainage and utility purposes over, under and across the northerly and southerly 5.00 feet and the easterly and westerly 10.00 feet of that part of the property described as follows: Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, "Murray Hill" if extended; thence West to the southeast corner of Lot 6, "Murray Hill", thence North along east line of Lot 6 to the point of beginning. Which lies southerly of the south line of the north half of said Lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. Sheet 2 of 2 PDF created with DdfFactory trial version www.Ddffactorv.com SHOREWOOD (HENN, CO.) CHANHASSEN (CARVER CO -Northwest Corner of Lot 6, MURRAY HILL line Lot MW comer of NE 1/4 of Sec. 3, T. 116, R. 23: (point of beginning) MURRAY HILL .> ! --147.0 C/ ! n n l I I_),_) A i 161 IVILJI \I \/— I Parcel (Y L N ___—__—_ __ _ _ South line of north half of ! Lot 6, MURRAY HILL °101 ParccX, III I \ IL_L_ N 3 V 1 207.0 NSouth line Lot 6, MURRAY HILL Southeast corner of Lot 6, MURRAY HILL -Southwest Corner of Lot 6, MURRAY HILL TREE CONSERVATION EASEMENT EXHIBIT Revised: 2/20/14 DEMARS-GABRIEL LAND SURVEYORS, INC. 6875 Washington Ave. So. Plymouth, MN 55447 Phone:(763) 559-0908 Proposed Tree Conservation Easement - Parcel A: 12 rods 19 links (210.54) corner of NE 1/4 of Sec. 3, T. 116, R. 23. s An easement for tree conservation purposes over and across that part of the properly described as follows: Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of lot 6, Hurray Hill" if extended; thence West to the southeast comer of tot 6, "Murray Hill", thence North along east line of Lot 6 to the paint of beginning. Which lies northerly of the south line of the north half of said Lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. Which lies easterly and northeasterly of a line drawn from a point on the northerly line of said Lot 6, distant 147.00 feet easterly of the northwesterly corner of said lot, to a point on the southerly line of said lot, distant 207.00 feet easterly of the southwesterly comer of said Lot 6. a I hereby certify that this survey, exhibit or report was prepared by me or m direct s ervision and that I am a dul Re istered Land Surve or and URRAY HILL o 00 Proposed Tree Conservation Easement - Parcel B: An easement for tree conservation purposes over and across that part of the property described as follows: Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the intersection with the south line of Lot 6, Hurray Hill" if extended; thence west to the southeast corner of Lot 6, Hurray Hill", thence North along east line of Lot 6 to the point of beginning. Which lies southerly of the south line of the north half of said lot 6 and the easterly extension of said south line and westerly of the westerly line of Galpin Boulevard right of way. Which lies easterly and northeasterly of a line drawn from a paint on the northerly line of said Lot 6, distant 147.00 feel easterly of the northwesterly corner of said lot, to a point on the southerly line of said lot, distant 207.00 feet easterly of the southwesterly comer of said Lot 6. under File No. y up y g y er the 14154TCON Lows of the State of Minnesota. Book -Page S NNEP ��' ep\draw David E. Crook Scale Date: 2/14/14 Minn. Reg. No. 22414 V=60' SHOREWOOD (HENN, CO.) DESCRIPTION EXHIBIT NW corner of NE 1/4 of Sec. 3, T. R. 23. (point of beginning) --� 12 rods 19 links (210.54) North line Lot 6, MURRAY HILL NW corner of NE 1/4 of Sec. 3, T. 116, R. -- 23. CHANHASSEN F- ----------------- -------=-----1 (CARVER CO.) G7 I Yr N A I A\/ ) J 10� IVILJI \I \/ \ I = N I/1T ) IN Z 0 _ Parce a of IZ ¢ Easterly extension of the ) South line of north half of r---) L N ------__ Lot 6, MURRAY HILL mf— ------------- — --------o �— C7 I South line of north half of cp O z Lot 6, MURRAY HILL 0 IC1 ° J 10 Parcel II r- A T T (-- I� i �m I9 �� I ��1L_L_ N L_/—\ I L_LJ � \�' I¢ 41 � 3 L------------------ --J South line Lot 6, MURRAY HILL Extension of the Southeast corner of Lot 6, MURRAY HILL--\ South line Lot 6, MURRAY HILL Sheet 2 of 2 Revised: 1/2/14 Revised: 2/20/14 1 hereby certify that this survey, exhibit or report was prepared by me or under File No. DEMARS—GABRIEL my direct supervision and that I am a duly Registered Land Surveyor under the 14154 LAND SURVEYORS, INC. Laws of the State of Minnesota (� ss Book—Page 6875 Washington Ave. So. Iii 4—of ep\draw Plymouth, MN 55447 David E. Crook Scale Phone:(763) 559-0908 Date. 1/44/14 Minn. Reg, No. 22414 1'=60' G GD L O SGANNEt U U MY OF CWSEK 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.2271110 Park & Recreation Phone: 952227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.2271404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.2271125 Fax: 952.227.1110 Web Site www achanhassen.w.us 0 February 14, 2014 Mr. Tom Strohm Homestead Partners, LLC 525 15th Avenue South Hopkins, MN 55343 E Re: Metes and Bounds Subdivision — Planning Case #2014-02 Dear Mr. Strohm: This letter is to confirm that on January 27, 2014, the Chanhassen City Council approved the following: I4 -off A. The two -lot metes and bounds subdivision of Hummingbird Heights subject to the following conditions: BuildinE: I. Appropriate permits) required for the demolition or moving of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before building permits can be issued. 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 4. Each lot must be provided with separate sewer and water services. En idneering: 1. A $10,000 security must be provided to ensure that the street is restored following the installation of sewer and water services to Lot 2. The security can be released when the City determines that the patch is in good condition after one freeze -thaw cycle. 2. Sewer and water hookup charges are due for both parcels, a portion of which shall be collected with the subdivision: Water: 2 units x $1,886/unit = $3,772 Sewer: 2 units x $664/unit = $1,328 The remainder of the water and sewer hookup fees shall be paid with the building permit at the rate in effect at that time. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 0 Mr. Tom Strobm February 14, 2014 Page 2 0 3. The City Attorney shall draft and the developer shall execute a "Grant of Permanent Easement for Public Drainage and Utility Purposes" document. This document shall be recorded with the metes and bounds subdivision. 4. The City Attorney shall draft and the developer shall execute a "Preservation Easement' document. This easement shall restrict the removal of vegetation to allow for only the removal of invasive vegetation or noxious weeds and only after the removal has been reviewed and approved by the City. The document shall also forbid any topographic alterations or placement of fill materials except as is necessary to correct demonstrable erosive conditions provided a plan is developed by a licensed civil or soils engineer or a licensed geologist or soil scientist. In the event this easement is vacated, Storm Water Management Fees, as listed in Section 4-30 (c) 3 of the City Code, shall be due for the vacated area at that time. This document shall be recorded with the metes and bounds subdivision. 5. Storm Water Utility connection fees totaling $5,336.10 shall be collected with the subdivision. 6. A plan showing the design of the rain garden features along with details and specifications shall be provided for review and approval. The proposed location of the rain gardens shall be moved such that it treats water from the driveway and/or road area and so that there is not a concentrated flow condition to the bluff area. 8. The applicant must provide a letter from Minnehaha Creek Watershed District stating that the development is in compliance with their stormwater management and erosion control rules. 9. An operations and maintenance manual describing the schedule for anticipated inspections and maintenance of the rain garden areas and indicating who is responsible for the long -tens care and maintenance of the features unless included with MCWD submittal and approval. 10. A $5,000 security must be provided to ensure that the rain garden features are constructed on lots 1 and 2. The security can be released when the City confirms that they have been constructed per design and have adequately performed through one full growing season. 11. A Surface Water Pollution Prevention Plan (SWPPP) meeting the requirements of the NPDES construction permit shall be provided for review and comment. 12. The applicant shall provide proof that the NPDES permit has been applied for and received from the MPCA. This can be in the form of the permit number. Mr. Tom Strohm • • February 14, 2014 Page 3 13. All erosion prevention and sediment control shall be installed prior to any earth - disturbing activities. The city shall be contacted to inspect that this condition has been met. 14. All applicable details shall be included in the plan set and shall be specific to the proposed improvements. 15. The detail for the bioretention facility shall be modified such that it does not include in situ soils materials. 16. The underdrain shall be fitted with a mechanism to restrict flow to the outlet. A geotechnical report or percolation testing report indicating that the area is not conducive to infiltration as described in the MN Online Stormwater Manual can be submitted in lieu of this. 17. Silt fence or other perimeter controls shall be installed to protect the rain garden areas from all construction -related activities and shall be placed as far from the top of bluff as is reasonable to allow adequate room for construction equipment yet protecting the bluff. 18. The plans should call out for all infiltration/filtration areas that they are to be protected from all construction related activities throughout the duration of the project. Park and Recreation: 1. The developer shall pay park dedication fees at the rate in force upon final plat approval for the two lots prior to recording the property deeds. Plannine: 1. Deeds for the two parcels shall be submitted to the city for review and approval and then recorded at Carver County. And, B. The development contract for Hummingbird Heights. Please submit to the City the executed deeds for parcels A and B, the executed development contract, the security in the amount of $17,655.00 and the fees in the amount of $22,531.10. Once we receive the legal descriptions from you for the drainage and utility easement agreements and the preservation easement, we will forward these documents to you for your execution and return to the city. After the City receives all the documents, security and fees, we will record the documents at Carver County. Additionally, all current year taxes must be paid in full and any delinquent property taxes or green acres taxes must also be paid. Mr. Tom Strohm • • February 14, 2014 Page 4 If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us or regarding the development contract or easements to Alyson Fauske at (952) 227-1164 or afauske@ci.chanhassen.mn.us. Cordial Robert Generous, AICP Senior Planner cc: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official Enclosures 9:\p1anM14 planning cases\2014-02 hummingbird heights metes & bounds\appmval letter.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA HUMMINGBIRD HEIGHTS DEVELOPMENT CONTRACT (Developer Installed Improvements) i 0 TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL............................................................................SP-1 2. CONDITIONS OF PLAT APPROVAL........................................................................SP-1 3. DEVELOPMENT PLANS............................................................................................SP-1 4. IMPROVEMENTS........................................................................................................ SP -1 5. TIME OF PERFORMANCE.........................................................................................SP-2 6. SECURITY.................................................................................................................... SP -2 7. NOTICE.........................................................................................................................SP-2 8. OTHER SPECIAL CONDITIONS................................................................................ SP -3 9. GENERAL CONDITIONS...........................................................................................SP-5 GENERAL CONDITIONS 1. RIGHT TO PROCEED.................................................................................................GC-1 2. PHASED DEVELOPMENT........................................................................................GC-I 3. PRELIMINARY PLAT STATUS................................................................................GC-1 4. CHANGES IN OFFICIAL CONTROLS.....................................................................GC-1 5. IMPROVEMENTS.......................................................................................................GC-1 6. IRON MONUMENTS..................................................................................................GC-2 7. LICENSE......................................................................................................................GC-2 8. SITE EROSION AND SEDIMENT CONTROL.........................................................GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING..................................................................................GC-2 9. CLEAN UP...................................................................................................................GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-3 11. CLAIMS.......................................................................................................................GC-3 12. PARK DEDICATION..................................................................................................GC-3 13. LANDSCAPING..........................................................................................................GC-3 14. WARRANTY...............................................................................................................GC-4 15. LOTPLANS.................................................................................................................GC-4 16. EXISTING ASSESSMENTS.......................................................................................GC-4 17. HOOK-UP CHARGES.................................................................................................GC-4 18. PUBLIC STREET LIGHTING.....................................................................................GC-4 19. SIGNAGE.....................................................................................................................GC-5 20. HOUSEPADS..............................................................................................................GC-5 21. RESPONSIBILITY FOR COSTS................................................................................GC-5 22. DEVELOPER'S DEFAULT.........................................................................................GC-6 22. MISCELLANEOUS A. Construction Trailers........................................................................................GC-6 B. Postal Service....................................................................................................GC-7 C. Third Parties......................................................................................................GC-7 D. Breach of Contract............................................................................................GC-7 E. Severability .......................................................................................................GC-7 i P. 0 0 F. Building Permits...............................................................................................GC-7 G. Waivers/Amendments.......................................................................................GC-7 H. Release..............................................................................................................GC-7 I. Insurance ........................................................................................................... GC -7 J. Remedies...........................................................................................................GC-8 K. Assignability .....................................................................................................GC-8 L. Construction Hours...........................................................................................GC-8 M. Noise Amplification..........................................................................................GC-8 N. Access...............................................................................................................GC-8 O. Street Maintenance ............................................................................................GC-8 P. Storm Sewer Maintenance ................................................................................GC-9 Q. Soil Treatment Systems....................................................................................GC-9 R. Variances...........................................................................................................GC-9 S. Compliance with Laws, Ordinances, and Regulations.....................................GC-9 T. Proof of Title.....................................................................................................GC-9 U. Soil Conditions................................................................................................GC-10 V. Soil Correction ................................................................................................GC-10 W. Haul Routes..........................................................................................................GC-10 X. Development Signs..............................................................................................GC-10 Y. Construction Plans...............................................................................................GC-10 Z. As -Built Lot Surveys...........................................................................................GC-11 ii 0 0 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) HUMMINGBIRD HEIGHTS AGREEMENT dated January 27, 2014 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, Summit Woods, LLC, a Minnesota Limited Liability Company (the "Developer"). 1. Request for Subdivision Approval. The Developer has asked the City to approve a subdivision for HUMMINGBIRD HEIGHTS (referred to in this Contract as the "subdivision"). The land is legally described on the attached Exhibit "A". 2. Conditions of Subdivision Approval. The City hereby approves the subdivision on condition that the Developer enter into this Contract, furnish the security required by it, and record the subdivision with the County Recorder or Registrar of Titles within 30 days after the City Council approves the subdivision. 3. Development Plans. The subdivision shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the subdivision. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Subdivision approved January 27, 2014, prepared by Terra Engineering. Plan B: Grading, Drainage and Erosion Control Plan dated January 27, 2014, prepared by Terra Engineering. 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer Service to Lot 2 B. Water Service to Lot 2 C. Street restoration costs related to sanitary sewer and water service installation. D. Storm Water Drainage System E. Setting of Lot and Block Monuments F. Surveying and Staking G. Erosion Control SP -1 0 0 5. Time of Performance. The Developer shall install all required improvements by November 15, 2014. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, installation of sanitary sewer and water service to Lot 2, street repair resulting from the installation of the sewer and water service to Lot 2, and installation of the rain garden features, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $17,655.00. The amount of the security shall be 110% of the following: Street restoration $ 10,000.00 Rain garden installations $ 5,000.00 Total construction costs $15,000.00 Engineering, surveying, and inspection (7% of construction costs) $1,050.00 Subtotal $16,050.00 TOTAL SECURITY AMOUNT: $17,655.00 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Tom Strohm, Project Manager Homestead Partners 525 15`h Avenue South Hopkins, MN 55343 Phone: 612-695-2275 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: SP -2 0 E Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. SECURITIES AND FEES A $17,655.00 letter of credit or escrow for the developer -installed improvements, the $22,531.10 cash administration fee and the fully -executed development contract must be submitted. The cash fee was calculated as follows: Park Dedication fee: 2 units x $5,800/unit $11,600.00 Partial payment of water hook up fee: 2 units x $1,886/unit $ 3,772.00 Partial payment of sewer hook up fee: 2 units x $664/unit $ 1,328.00 Storm Water Utility connection fee $ 5,336.10 Administration fee (3% of construction costs) $ 450.00 GIS fee: $25 (subdivision) + (2 parcels x $10/parcel) $ 45.00 $22,531.10 B. BUILDING DEPARTMENT CONDITIONS OF APPROVAL Appropriate permit(s) required for the demolition or moving of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before building permits can be issued. 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 4. Each lot must be provided with separate sewer and water services. C. ENGINEERING DEPARTMENT COND]TIONS OF APPROVAL 1. A $10,000 security must be provided to ensure that the street is restored following the installation of sewer and water services to Lot 2. The security can be released when the City determines that the patch is in good condition after one freeze -thaw cycle. 2. Sewer and water hookup charges are due for both parcels, a portion of which shall be collected with the subdivision: Water: 2 units x $1,886/unit = $3,772 Sewer: 2 units x $664/unit = $1,328 The remainder of the water and sewer hookup fees shall be paid with the building permit at the rate in effect at that time. SP -3 3. The City Attorney shall draft and the developer shall execute a "Grant of Permanent Easement for Public Drainage and Utility Purposes" document. This document shall be recorded with the metes and bounds subdivision. 4. The City Attorney shall draft and the developer shall execute a "Preservation Easement' document. This easement shall restrict the removal of vegetation to allow for only the removal of invasive vegetation or noxious weeds and only after the removal has been reviewed and approved by the City. The document shall also forbid any topographic alterations or placement of fill materials except as is necessary to correct demonstrable erosive conditions provided a plan is developed by a licensed civil or soils engineer or a licensed geologist or soil scientist. In the event this easement is vacated, Storm Water Management Fees, as listed in Section 4-30 (c) 3 of the City Code, shall be due for the vacated area at that time. This document shall be recorded with the metes and bounds subdivision. 5. Storm Water Utility connection fees totaling $5,336.10 shall be collected with the subdivision. 6. A plan showing the design of the rain garden features along with details and specifications shall be provided for review and approval. 7. The proposed location of the rain gardens shall be moved such that it treats water from the driveway and/or road area and so that there is not a concentrated flow condition to the bluff area. 8. The applicant must provide a letter from Minnehaha Creek Watershed District stating that the development is in compliance with their stormwater management and erosion control rules. 9. An operations and maintenance manual describing the schedule for anticipated inspections and maintenance of the rain garden areas and indicating who is responsible for the long-term care and maintenance of the features unless included with MCWD submittal and approval. 10. A $5,000 security must be provided to ensure that the rain garden features are constructed on lots 1 and 2. The security can be released when the City confirms that they have been constructed per design and have adequately performed through one full growing season. 11. A Surface Water Pollution Prevention Plan (SWPPP) meeting the requirements of the NPDES construction permit shall be provided for review and comment. 12. The applicant shall provide proof that the NPDES permit has been applied for and received from the MPCA. This can be in the form of the permit number. SPA 0 0 13. All erosion prevention and sediment control shall be installed prior to any earth - disturbing activities. The city shall be contacted to inspect that this condition has been met. 14. All applicable details shall be included in the plan set and shall be specific to the proposed improvements. 15. The detail for the bioretention facility shall be modified such that it does not include in situ soils materials. 16. The underdrain shall be fitted with a mechanism to restrict flow to the outlet. A geotechnical report or percolation testing report indicating that the area is not conducive to infiltration as described in the MN Online Stormwater Manual can be submitted in lieu of this. 17. Silt fence or other perimeter controls shall be installed to protect the rain garden areas from all construction -related activities and shall be placed as far from the top of bluff as is reasonable to allow adequate room for construction equipment yet protecting the bluff. 18. The plans should call out for all infiltration/filtration areas that they are to be protected from all construction related activities throughout the duration of the project. D. PARKS AND RECREATION DEPARTMENT CONDITION OF APPROVAL The developer shall pay park dedication fees at the rate in force upon final plat approval for the two lots prior to recording the property deeds. E. PLANNING DEPARTMENT CONDITION OF APPROVAL Deeds for the two parcels shall be submitted to the city for review and approval and then recorded at Carver County. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP -5 • 0 CITY OF CHANHASSEN 9W (SEAL) I\ 9 Thomas A. Furlong, Mayor Todd Gerhardt, City Manager SUMMIT WOODS, LLC: IM STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) STEPHEN BONA, MANAGER The foregoing instrument was acknowledged before me this —day of 2014, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2014, by Stephen Bona, Manager of Summit Woods, LLC, a Minnesota Limited Liability Company, on behalf of the company. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 am. NOTARY PUBLIC 0 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Lot 6, Murray Hill according to the recorded plat thereof on file and of record in the office of the Registrar of Deeds in and for Carver County, Minnesota MTI That tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3, thence East 12 rods and 19 links; thence South 9'/z degrees East to the point of intersection with the South line of Lot 6, Murray Hill according to the recorded plat thereof on file and of record in the office of the Registrar of Deeds in and for Carver County, Minnesota, if extended, thence North along East line of Lot 6 to the point of beginning. t 0 r MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _ day of 20_. STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20 .by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 NOTARY PUBLIC C FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of 20_. STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 el 0 0 RZREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, 'Drawn under Letter of Credit No. dated _ 2. of (Name of Bank) " b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. Ii Its CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) 71:T:II1. 19" 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not Proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on oudots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary GC -1 P. 0 0 permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of qty in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash GC -2 0 • escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any farther proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one-half (2%2) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). hi addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between GC -3 9 • October 1 through May 1 these conditions must be complied with by the following July 1 st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fiord for each inspection. After satisfactory inspection, the financial guarantee shall be returned if the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmansbip. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re -spread against the plat in accordance with City standards. 17. Hook-up Charges.. At the time of final plat approval the Developer shall pay 30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot in the plat in the amount specified in Special Provision, Paragraph 8, of this Development Contract. The balance of the hook-up charges is collected at the time building permits are issued are based on 70% of the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City GC -4 9 . ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be famished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as -built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2%0/o) of construction costs for the first $1,000,000 and one and one-half percent (1 %:%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. GC -5 y C. The Developer shall hold the City and its officers and employees harmless from Claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attomeys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and constriction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building pen -nit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre -construction meeting for installation of public improvements. Trailers shall be removed from the subject property within GC -6 0 thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building pemfits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City s failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property . After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City GC -7 0 • must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written Permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction horns, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 am. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street GC -8 9 • base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2 -year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City s ordinances. S. Compliance with Laws. Ordinances. and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or Pollutants were caused to be there by the City. GC -9 V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils Problem. On lots with fill material that have been mass graded as part of a multi -lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the tot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. The Developer, the Developer's contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11"x17" reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2) two complete fiill-size sets of blue line/paper as -built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in both .dxf & .tif format (the Axf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as -built survey is completed. If the weather conditions at the time of the as -built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as -built escrow withheld until all work is complete. Rev. 3/31/06 CTC -10 • • A -o; -- Chanhassen City Council — January 27, 2014 Mayor Furlong: But what are some of the other things that people at home too? Hydrants? Clearing hydrants. Chief John Wolff: Yeah clearing hydrants. Couple things. I would say yes. Clearing the hydrants and right now the snow is really hard packed. When you get the warm up and then the cool down like we have, it's really ice so we would appreciate it if the neighbors would clear the hydrants out. That will save us time when we're trying to secure water. You know with the talk of this gas shortage, at least CenterPoint's talking about it. I don't think it's impacted our immediate service area but people are looking at other alternatives to heating and I would say that you know space heaters and fireplaces, just you don't want to leave those unattended and so there is a, some of the activity that we do see are, it's related to candles and fire and heating and so forth. And I'd say the final item that winter impacts is driving and the roads are obviously dangerous when we get the precipitation. I think our public works and in general the County and Hennepin County and so forth do a great job of clearing the streets but it's challenging when the weather is up and down to keep it really clear and dry, especially the secondary and side streets. So we do see an increase in car accidents during this time of year. Mayor Furlong: Smoke detectors obviously are required as part of our current building codes. Are the carbon monoxide detectors, are those useful? Are those recommended? Chief John Wolff: Very useful. In fact when they started, when they hit you know 12-15 years ago we got tons of calls on them because people didn't understand them. Right now that's, you know that's, we've gone from like 80-90 CO calls a year to like 25-30 and I think what people need to do is to remember to change the batteries in their smoke detectors. Even the hard wired smoke detectors have a battery in them so if you hear that chirping sound, that means that they need the battery to be changed, and we occasionally get called out to help people to do that so. Happy to do that. Mayor Furlong: Ahight, very good. Thank you. Appreciate the update Chief John Wolff: You bet. Mayor Furlong: Move now to our first item under business. HUMNIINGBIRD HEIGHTS. 6221 HUMMINGBIRD ROAD, APPLICANT: HOMESTEAD PARTNERS: A. PUBLIC HEARING TO CONSIDER METES AND BOUNDS SUBDIVISION. B. CONSIDER APPROVAL OF DEVELOPMENT CONTRACT. Mayor Furlong: Let's start with a staff report please and then we'll invite the public or interested parties to come up with any comments. Ms. Aanenson, good evening. Kate Aanenson: Good evening Mayor. Thank you. Members of the City Council. This is a metes and bounds subdivision. Metes and bounds is a way to subdivide a piece of property. The public hearing is held before the City Council as opposed to the Planning Commission. The City Council can approve them when it's splitting one lot into two, that has urban services or sewer and water is available, and both lots meet the minimum requirements so this metes and bounds subdivision meets that criteria. The location is Hummingbird Road which is just immediately to the west of Galpin Boulevard. =D Chanhassen City Council — J• 27, 2014 • Mayor Furlong: Yeah, Nana can you check the volume in the council chambers. I'm not sure if we're getting the speakers in the council chambers are working. I'm sorry, Laurie. I'm not sure if the sounds coming over the speakers or not. Kate Aanenson: It doesn't sound like it. Mayor Furlong: Why don't you just try to speak a little louder and we'll see if we can't keep up. Kate Aanenson: Again I'm talking about where the location of it is right off of Galpin Boulevard. Excuse me, just east, west of Galpin Boulevard off of Hummingbird. This property is, abuts the city of Shorewood. Thank you. I think we've got the. Mayor Furlong: I think it's working now. Kate Aanenson: It's working. This subdivision actually dates back to the, the Melody Hill subdivision actually dates back to 1884. Again this includes the Shorewood portion and the Chanhassen portion so it was originally 23 lots that were included with the plat and I wanted to give a little bit of history of this area. So I wanted to show within this area, again the limits would be, this is the city limits right here so within this area there's been 3 other subdivisions over time and I won't go into any order necessarily. Just kind of going around and the Evelyn Lohr subdivision created 2 lots into 3 lots and that would be in this area here. And then there was one done in 1978, Murray Hill that actually platted 2 lots into 5. And then in 1979 the Gallagher subdivision. When this originally was platted this was actually kind of an exception but then these got platted into the backs of the lots and so those 5 lots got converted into 6 lots so the subject lot that we're talking about is this property right here. So the existing conditions on the property itself, the lot is wooded as it goes down towards Galpin and is steep towards the back. The City's bluff ordinance does come into play here and so the setbacks from these houses would then be closer to the street then the existing development pattern which is in place right now. Some of the lots would be actually in today's rules in the bluff ordinance. The other existing condition is the 30 foot wide street. Actually when this was platted, it's a 80 foot wide right-of-way which is non -typical for residential street but it's a 30 foot, 31 foot wide existing without curb and gutter. We do have other situations in the city where this exists without the curb and gutter on some of the older streets. Engineering department did look on, look at the condition of the street but considering the condition of the road, the developing nature of the area and anticipated traffic volume, they felt that the portion of this road could remain in the condition it is so I guess you know there's situations like this in the Carver Beach area where we have narrower roads without curb and gutter also. So again the metes and bounds then would create the two lots. Again they meet the minimum frontage per the city ordinance. Just over 90 feet of frontage and then in addition they meet the area required, just under an acre. The sewer would come from, there's an existing sewer in the street right now. One connection. Another connection would have to be made and they would have to pay the fees for that. Stormwater management. We're looking at putting in a couple of rain gardens towards the front of the homes to accommodate the runoff that way and then in the back, because of the heavily wooded area and in order to accommodate that, the preservation of the trees helping stabilize the eroding to Galpin Boulevard. We're recommending a preservation area so those trees would stay. Again that helps with the extraction, absorption of some of that runoff so the house would be in the front, again closer to the street as I had mentioned earlier. Stormwater fees are shown in the staff report. That would include that requirement. In parks and open space, again they're required when you subdivide to pay an additional park fee so that would be required with the project. Because this does meet all the standards then as proposed here, it does meet all the standards of the City's zoning ordinance and standards, we are recommending approval with the conditions in the staff report. The tree preservation area shown here so the houses again would be closer than the existing houses that are in the subdivision. Again staying outside of that bluff area. So with that we are recommending approval. Also in your packet is a development contract so we are recommending 0 0 Chanhassen City Council — January 27, 2014 approval of the metes and bounds subdivision subject to all the conditions and approving the Findings of Fact and also approving the Development Contract and I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Kate, thank you for the presentation. Just to clarify. This request for metes and bounds subdivision requires no variances, is that correct? Kate Aanenson: That's correct. Councilman Laufenburger. Okay, so what they're asking to do is fully within the ordinances that are currently in place within the city of Chanhassen? Kate Aanenson: That's correct. Councilman Laufenburger: Alright, thank you very much. Thank you Mr. Mayor. Mayor Furlong: Thank you. Any other questions? Ms. Aanenson, you've commented a couple times that the new homes on these two parcels if it's approved would be closer to the street than the current homes. Kate Aanenson: Yes. Mayor Furlong: What's the distance between the edge of the right-of-way on these parcels to the bluff? Do you know? And if it's in the staff report maybe. Kate Aanenson: Not the top. Typically you require a minimum of 20 feet but they've got more, significantly more than that. Mayor Furlong: And I guess my question is, how much space is there between the right -0f --way and the bluff or the bluff setback? What is the bluff setback? Setback from the bluff. Kate Aanenson: Kind of the buildable area? Mayor Furlong: Right. Usually we put a square on the map. Kate Aanenson: Yep. It's going to be in excess of probably, like 125 feet. Mayor Furlong: From the right-of-way back to the bluff setback? Kate Aanenson: Correct. Mayor Furlong: Okay, so that's ahnost the distance of a normal lot in a low density residential? Kate Aanenson: Correct. Yes, yes. Mayor Furlong: Okay. Kate Aanenson: That would be a standard lot size. Chanhassen City Council — J• 27, 2014 • Mayor Furlong: And the party building the homes would be able to choose anywhere within the setbacks where they place it. Kate Aanenson: That's correct so. Mayor Furlong: Okay so it has to be. Kate Aanenson: As long as they meet the requirements, the 30 in the front. The setback from the bluff and 10 on each side they would have that flexibility. Mayor Furlong: Okay. Alright. So they might be further back than what this picture is showing or they might be where this picture is. Kate Aanenson: Correct. We do ask for a representation and that's all this is, is illustrative representation. Mayor Furlong: Okay. Alright. Thank you. Mr. Oehme, with regard to the traffic on Hummingbird. It's a narrow road. What's available there, and I'm asking this not so much for new construction on these parcels but also knowing that there's a subdivision or PUD going forward on the city of Shorewood side as well where there'll be a few more homes. What's the traffic along that road currently and what do we expect it might be if both go forward? Paul Oehme: Sure, thank you Mayor, city council members. Staff was not able to take traffic counts this time of year. Mayor Furlong: Sure, okay. Paul Oehme: It's next to impossible so, and typically in the winter months you don't get an accurate traffic count readings anyway. Sure, okay so we estimated using traffic generated numbers. The standard typical numbers so right now we're estimating in the Chanhassen side about 115 trips per day based upon existing houses that are currently out there today so with the addition of two houses we're inbetween you know 14 and maybe 20 trips per day on average. Mayor Furlong: Okay. Paul Oehme: In addition. Mayor Furlong: Alright, and then I guess the question too is with the, with the construction of the new homes that will take place at some point in the future, if all these are approved, what, how do we handle compliance and making sure, especially during the road restriction period that the vehicles aren't too heavy for the roads regardless of whether the construction's being done in the Chanhassen or the Shorewood side, and how is that handled? Paul Oehme: So in every neighborhood that has local road, typical strengths where the roadway is about 5 tons or less, the City's public works department puts out flags and there are signs out notifying the public and construction haulers that these roads are, are less than, you know the minimum axle requirement for construction vehicles or delivery trucks or those type of things so there is enforcement available through Carver County and our CSO's department where we can have the ability to ticket vehicles that are overweight. We do work with the building department and make sure that and during road restriction timeframes you know certain activities during construction are limited to certain sized vehicles too so that's another component that we also work with as well. 10 0 i Chanhassen City Council — January 27, 2014 Mayor Furlong: Okay. Alright, thank you. Any other questions for staff? If not then I would like to open up the public hearing and invite all interested parties to come forward and address the council on this matter. If you could state your name and address for the record I'd appreciate that. Charles Liedtke: And I had a presentation I'd like to have queued up. Mayor Furlong: And your name and address sir? Charles Liedtke: My name is Charles Liedtke and I live at 6231 Hummingbird Road. My property as you say abuts Hummingbird Heights. Mayor Furlong: Okay. Charles Liedtke: If you can start slide one that'd be great. Thank you Mayor, council members and staff for giving me the opportunity to present. I am proud to call Chanhassen my home. Now I'd like to introduce you to Murray Hill. Now there's a larger story then is being told here tonight and I'd like to paint a bigger picture. Welcome to Murray Hill. This is, if you're in Shorewood coming up Summit you're going to see this view in the fall. It's very beautiful and I'm going to discuss Hummingbird Heights which is the topic of discussion but also Summit Woods. They are two developments. Same builder/developer and my opinion is you cannot disentangle the two so in order to make one decision you have to really take into consideration both developments. To not do so I believe would be irresponsible and so I'd like to put that on the public record. Here we're approaching the summit. Currently there is a wonderful old farmhouse on, at the top of Summit Hill. Part of the property we are developing tonight with Hummingbird Heights is part of the Rix's property. There are 3 pieces which you should know about. There's what I'll call the north section and that's kind of the upper left in the red, and I'd use the laser pointer but I definitely do not want to blind the City Attorney or the City Manager. That would not help my cause so I'm going to refrain. I will just describe it if I could. So we have a north section. We also have Summit Woods which is a PUD considered by Shorewood and we have Hummingbird Heights which is the lower red rectangle there and that resides in Chanhassen. Councilman Laufenburger: Excuse me, Mr. Liedtke for reference can you just direct us to your property please? Charles Liedtke: My property is just south, which is again I don't want to blind anyone but if you can see it. Councilman Laufenburger. Okay. Charles Liedtke: It's right there. 6231 Hummingbird Road. Councilman Laufenburger: Okay, thank you. Charles Liedtke: So I live right next door to the proposed Hummingbird Heights. And I'll say it's a tale of two cities. The Rix's property is complex. It spans two cities and it spans two counties. Why that is problematic from a development standpoint is that details can fall through the cracks. You can make decisions regarding the Chanhassen side. Of course we've met repeatedly with Shorewood officials. They can make decisions regarding the Shorewood side but I'm hoping at some point the mayors and council members of the two cities meet to discuss this because truly you simply cannot disentangle the two properties when making decisions. Our group, I belong to the Murray Hill neighborhood group and our homes are identified with the yellow rectangles, although I will state I am not speaking on behalf of 11 Chanhassen City Council — J� 27, 2014 • the entire group tonight. I am speaking on behalf of myself and my family tonight solely because our entire group did not have time to meet and approve the presentation, although some of the other members are here today and I know that they agree with my sentiments. But when the Summit Woods PUD came before the Shorewood City Council all of the homes in rectangles opposed that PUD. That contains 4 homes with the option of a fifth, and that's not Hummingbird Heights but I'm just telling you it is adjacent to the Hummingbird Heights proposal. I want to say loudly and clearly, and I'll probably repeat it twice because it has not seem to have been heard before by city officials in Shorewood. We are not opposed to development. Pause. Again we are not opposed to development. But we are hoping that it is intelligent development. That's all we ask for. Hummingbird Heights is shown in yellow here and we also show the other properties with acreages in the Chanhassen segment. We enjoy large acreages but also large distances between the homes. That's part of the current state. We have very narrow roads. I think, I forget what it is on Hummingbird but I'll show you pictures. Extremely narrow on Hummingbird and Hummingbird runs kind of from bottom to top. It then turns into, when you hit Shorewood Summit Avenue which is a blind curve which goes down a very steep hill so we have very narrow roads throughout the entire neighborhood. We also have historically drainage problems and that ends up, water runs downhill as you know. Follow the blue arrows, flooding down on these homes right here. More pavement up top will result in more flooding problems down below. We also, I'm showing with the yellow arrows very steep bluffs and I applaud the City of Chanhassen. I'm very proud of this. You have a bluff ordinance that's shown by the green line. You protect your bluff. Notice that green line stops once you hit Shorewood. They have no such bluff ordinance and that's where we've nun into problems. We've run into the problem of inconsistency along that ridge so it's a very complex neighborhood. We also have down below on the other side of Galpin, again hard to see but the blue indicates we have wetlands. Now Summit Woods, which is the middle red area plus that north section, that's 4 to 5 homes. There has been a conditional use permit or PUD approved in the concept stage by the same developer and builder. That's in addition to what you're considering tonight which is 2 additional homes. So the entire package, if it were in one jurisdiction, we'd be looking at 6 to 7 additional homes. I would like to expand your thinking. It's more than 2. The decision involves more than just the 2. So 6 to 7 homes total. That's what we're encountering and we live there. This is a view from my property across the horse pasture currently, and I know I don't own the view and I've expected development for a long time. The future with Hummingbird Heights and Summit Woods, it's going to be 6 to 7 new homes. Now these are not drawn to scale but in that space will be 6 to 7 new homes. This is Hummingbird Road facing south roughly from the property that you're considering. We have a beautiful road, which we love. It's simply very narrow and you can see here when the UPS truck drops off parcels, you can simply not get through. This is in Chanhassen. We love that road. It's simply not passable if you have big trucks on it. Now imagine construction trucks on that road. Not just from the 2 homes that you're considering, but the additional 4 to 5 homes from Summit Woods. Now they'll unlikely take Summit Avenue, which is a very steep, substandard road on a blind curve. Those construction trucks will most likely come down your street, which is our street in Chanhassen and notice if there is any kind of construction trucks it is simple impassable. So some of my major concerns. Surprisingly neither the property owner nor the developer /builder has contacted me to discuss either Hummingbird Heights or Summit Woods. I live next door to Hummingbird Heights. I would expect some consideration or respect. I have not heard from them. Traffic. It will be busier. Your analysis surprised me. I did not take into consideration the additional 4 to 5 homes so you can take your numbers and take them times 2 or 3 with respect. These roads will be more dangerous. In terms of road degradation, 6 to 7 homes, those construction trucks will most likely not go UP and down Summit Avenue, which is very steep and substandard. It will come down your road, which is my road which is Hummingbird Road. This will degrade the road and who will pay for that I'd like to know. I've mentioned the drainage issue. We've had a history of flooding. More pavement. More drainage. More flooding. And then if it matters, the aesthetics. These homes will be 6 to 7 side by side. Very narrow distances between the homes. That is clearly out of character with our charming neighborhood so the aesthetics just do not support this type of development. My request, I respectfully 12 r Chanhassen City Council — January 27, 2014 request and I am, again I am proud to be a citizen of Chanhassen. I respectfully request that you address my concerns and work closely with the Shorewood mayor and city council. Thank you so much. Mayor Furlong: Thank you Mr. Liedtke. Can you pull back up the list of concerns there. With regard to the road degradation issue there. What is the, what's the condition of the road currently? What's the weight capacity for that road? Is it a normal weight capacity road or? Paul Oehme: It's an older road. It's, we checked the pavement condition and it's fairly good condition right now. I think it's a 70 pci so that rates out fairly well. We did reconstruct a lot of roadways in that neighborhood just last summer and based upon our analysis that Hummingbird Road did not need reconstruction at that time so. In terms of, the road condition. Moving forward with the construction, staff does have in the development contract a letter of credit that the developer will need to provide for the City if there is any street damage associated with the street so either the developer would have to fix that or the City would charge him for that and we would fix it ourselves so there is some flexibility there or some contingencies in the project for that. Mayor Furlong: Alright, thank you. Anyone else who would like to address the council on this? Jason Mills: Can I speak? Mayor Furlong: Please come to the podium. State your name and address. Jason Mills: Hi council, mayor. My name is Jason Mills. I live at 6281 Hummingbird Road. I live just to the south of Charles by I think 3 homes. Mayor Furlong: Okay. Jason Mills: To the south of him and I'm going to be very brief and I have to apologize because I think there's going to, well the reason why I want to apologize to you is because you're in for a long night. Unfortunately I'm sorry because there's a few others from my neighborhood that want to speak. Mayor Furlong: That's fine. We're here to listen. Jason Mills: Okay. And I'm going to make myself brief. Mine's going to be short. Mayor Furlong: Okay. Jason Mills: I just want to make it aware that it's obvious, and I think to all of you here tonight that our neighborhood project is a little bit challenging. There's the neighbors that don't agree with what's going on. It's a very historic site up there so there's a lot of people that are emotional about it. Mayor Furlong: Understand. Jason Mills: We went through the whole thing with the City of Shorewood. The Planning Commission and the City Council and asked them to not approve this PUD concept that the developer, JMS Builders and Homestead have put together and it went through, which is okay. Alright? Mayor Furlong: Okay. Jason Mills: I understand that you know progress is progress and money is money and so forth. I've met with the, I had a meeting with Alex over here who's probably going to speak tonight as well and JMS 13 Chanhassen City Council — J• 27, 2014 • Builders and Homestead and Steve Bona who's a very nice guy. I like him. He's reasonable. Okay? And I read the document earlier today. Is it Kathy I think that maybe you put that together and I got the feeling that it was nice to see and refreshing to see that I felt like, that they're watching out for us, and that's all I want to ask of you as everybody here is just to be careful. Look out for us. There's some details obviously that there's some issues, okay? Mayor Furlong: Okay. Jason Mills: Thank you. Mayor Furlong: Alright, thank you. Jason Mills: That's basically it. Mayor Furlong: Appreciate it Mr. Mills. Jason Mills: Yeah. Mayor Furlong: And we'll continue to listen to other comments. Mr. Knutson, City Attorney. For us, for other people here, the issue before us tonight is the metes and bounds subdivision, is that correct? Roger Knutson: That is correct. Mayor Furlong: And so we understand there's a development going on in Shorewood. What's our role in that development or that process? Roger Knutson: We have no legal role in their development in their city. Mayor Furlong: Okay. Roger Knutson: Expand a bit. Tonight what you have is what we call a quasi judicial decision for the council to make. That means we have standards in our ordinance and if those standards in our ordinance are met, then by law we are required to approve the metes and bounds subdivision. So the question is, are the standards in our ordinance, the requirements in our ordinance met? That's the issue. Mayor Furlong: Okay. And with that direction, and maybe I should have started at the beginning. Usually I don't let people come back up but that would be a question or the issue that we'd ask the public to address tonight is whether or not they're aware of violations of the proposed subdivision, the metes and bounds subdivision in the Chanhassen city, if there are violations of our city code or things that we're not aware of. Ms. Aanenson, her presentation said that in her opinion the planning staff commission, they are in compliance with our code so it's important that if somebody believes that there is a violation, that that be addressed tonight. But with that the public hearing is still open. I would certainly invite anyone else to come forward, or if you want to come back and address that one question Mr. Liedtke. Charles Liedtke: So I assume you have a Comprehensive Plan? Mayor Furlong: Yes we do. Charles Liedtke: Are you obligated or is the spirit of your efforts to take into consideration what's happening in surrounding communities? Are you obligated to take that into legal consideration? Whether it's the legality of the law or the spirit of the law. 14 0 Chanhassen City Council — January 27, 2014 Mayor Furlong: Mr. Knutson or Ms. Aanenson? Roger Knutson: What we are required to do is approve something if it complies with our subdivision and zoning ordinance and deny it if it does not. Charles Liedtke: I guess I'm not sure that's an answer to my question. Kate Aanenson: Maybe I can take a shot at it. Charles Liedtke: Are you obligated to consider what's happening in the surrounding areas? Roger Knutson: Unless, we're obligated not to consider it unless it impacts on our ordinance requirements. You would have to sit, we'd have to find an ordinance, a provision in one of our ordinances that says because of that we can't approve it. Charles Liedtke: Would that include health, safety and welfare? Roger Knutson: We'd have to be more specific than that. Charles Liedtke: Safety meaning safety on the streets by Hummingbird Heights and planned other developments. Roger Knutson: You'd have to find something in our ordinance they're violating. Charles Liedtke: Okay, thank you so much. Mayor Furlong: Okay. Kate Aanenson: I was just going to add one other thing. Mayor Furlong: Ms. Aanenson, please. Kate Aanenson: The only time, we do talk between the cities of what's going on and that's when we do our Comprehensive Plan process so this is guided low density. As long as there's a lot of different iterations of the subdivision just as in the city ordinance if it's low density. We also do PUD's in low density. We have a number of them in town. There's several different zoning districts so as long as they're consistent with their zoning they wouldn't, we wouldn't have a say. If they were to rezone it or to, or not rezone it but change the guiding to a higher density or something like that, then they would ask us for comments on that but otherwise we wouldn't comment on that. Charles Liedtke: Thank you. Mayor Furlong: And Ms. Aanenson, what is the zoning on the Shorewood side of this property? Kate Aanenson: Low density. Similar to our's. Mayor Furlong: So it's the same on both sides. Kate Aanenson: Yeah. Yeah, I don't know what their low density is but their plan going forward uses the low density residential. 15 Chanhassen City Council — J� 27, 2014 • Mayor Furlong: Okay, thank you. Others that would like to comment as part of the public hearing. Sir, please come forward. Alex Petrosian: Mayor, City Council members. My name is Alex Petrosian and I own two properties on this proposed, around this proposed subdivision. One property I have it's, it's in Shorewood right next to the subdivision. Mayor Furlong: Is that your address of record? Or is that your residential address or what is your address please? Alex Petrosian: My address it's 6300 Hummingbird Road. Mayor Furlong: Thank you. Alex Petrosian: I have two properties in that particular. Mayor Furlong: That's fine, thank you. Alex Petrosian: Okay. And tonight I would like to, there's a lot of good things have already been said and I'll try not to repeat what already have been said. Mayor Furlong: Thank you. Alex Petrosian: And I fully agree that if it meets the low then that's what you need to do. Mayor Furlong: Okay. Alex Petrosian: With that I'm going to read some of my letter and I'm sorry I didn't give you one. I will give you after. After that. I'm a long time resident of our city and I'm writing to express my support for the proposed development and submit some additional thoughts for consideration. Based on my review of the document I have following comments and recommendations that I would like City Council members to consider before their final approval. Number one. I applaud the hard work of staff who have prepared such a detailed and comprehensive overview of the details associated with this proposal. It's superb. I would also like to encourage staff to continue working with the neighboring City of Shorewood in regard to the development as one big area, especially with regards to road usage, traffic issues, density, water runoff, erosion control, setbacks, etc. Number 2. I would like to concentrate on Hummingbird Road itself The current conditions and size of Hummingbird Road is sufficient to support current neighborhood traffic and needs. I have concern that construction traffic that is required to build 7 houses, 2 in Chanhassen and 5 in Shorewood, will cause premature road deterioration that will impose financial burden in form of assessments to entire neighborhood along Hummingbird Road. And since premature deterioration will be triggered by developer, builder activities I feel that it would be reasonable to ask for the developer and builder to be responsible for and to, one. Pay for resurface of entire Hummingbird Road after construction of 6 houses just to bring road to current state. No improvements. Two, pay to restore vegetations 3 feet from each side of the road disturbed by construction traffic since there is no two trucks can pass each other without getting on the side of the road. Pay for damages to fence, mailboxes and any other personal property caused by construction traffic. And last, for the remaining future possible one house on the Shorewood side I would suggest you have funds in escrow account to pay for the repairs if they occur in the future. B. The construction traffic that requires to build 7 houses in my opinion will elevate safety concerns due to increased traffic by contractors and subcontractor employees. For current Proposal, construction hours are between 7:00 a.m. to 6:00 p.m. on weekdays. On weekends. On 16 0 0 Chanhassen City Council — January 27, 2014 weekdays. Apologies. From 9:00 a.m. to 5:00 p.m on Saturday with no such activity allowed on Sundays or on a legal holidays, end of quote. ...narrow road and with number of children, 25 plus, living on this road school patterns when children leave for school buses and traffic associated with parents that need to drive children to school. I have a concern for safety of the children and general population during early allowed construction hours. Please also note that Minnetonka middle school children in the neighborhood do not ride the bus and are walking on Hummingbird and Melody Hill to reach Minnetonka Middle School. I would like to propose amendment to what Bob sent us to read. Quote, 8:00 a.m. to 6:00 p.m. on weekends. From 9:00 a.m. to 5:00 p.m. on Saturdays and no such activities allowed on Sundays or legal holidays. All construction related traffic shall be restricted between 7:00 a.m. and 9:00 a.m. and 3:00 p.m. to 5:00 p.m. on weekdays. End of quote. Third thing I would like to make. It's around grading and erosion control. As indicated in memorandum to City Manager by City Senior Planner, the proposed rain gardens it reads that currently quote, proposed concentrated flow... discharge points, end of quote are not allowed. And that ... there are known erosion issues along Galpin Avenue. End of quote. Furthermore it is indicated that developer did not provide any design or specifications for rain gardens to mitigate erosion problems. I'm questioning if approval of subdivision process is premature and should be put on hold until A. All necessary required and additional information is collected from developer and evaluated by the staff of City of Chanhassen. B. Developer provide grading and erosion control plan which satisfies minimum threshold rules and complies with the requirement under National Pollution Discharge Elimination System. C. Since rain gardens require periodic maintenance of native plantings this cannot be guaranteed under private home ownership. Future owners must be notified about rain gardens on the property prior to purchase and agree to perform all required maintenance, otherwise it might become a burden to our city. And last point is about, I have a question about stormwater management. It's about the preservation easement. Is this easement, is in addition to the current bluff ordinances or does it supersede or replace it? Kate Aanenson: It's on top of so there's a bluff protection. In addition to we're taking a preservation easement across the back. Alex Petrosian: Okay, so it is a bluff. Kate Aanenson: And an addition. Alex Petrosian: In addition to the bluff. Thank you very much. I urge you to move forward but with slight delay on approval until subsequent council meetings provided that A. Road provision are put in place. B. Safety issues addressed. C. Erosion and stormwater management issues are addressed and D. All recommendation of staff be followed by the developer. Please let me know if you have any questions that I can answer for you. Thank you. Mayor Furlong: Thank you. Alex Petrosian: And Mr. Mayor, if I may give you. Mayor Furlong: Oh that'd be great, thank you. Mr. Oehme, with regard to the road, and if just wait a minute. I want to try to get his questions while they're fresh. With regard to the width of the road, construction traffic, in addition to trucks delivering materials. There'll be construction workers that are there. What provisions are in place to, is it possible to do? Paul Oehme: This project, sure. Yeah I think it is just based upon the roadway right-of-way in this area. It's about 80 feet wide so the road is about 16 feet wide. The houses, you know we try to work with the builder and the developer to try to have as much of the construction traffic on site as much as we can and the building department I think does a great job of you know trying to help out with traffic control in 17 Chanhassen City Council — J• 27, 2014 • these situations. Carver Beach area I think is a good example of an area that we deal with this on a yearly basis so I feel fairly confident that you know the staff can manage and work with the developer on necessary traffic control measures to make sure the road's open during construction. I don't know that the timing of when all these houses are going to be built. Typically they build one right after another so there's, I don't think they're all going to go up at the same time so there's some sequencing there that we may have to talk to the developer about as well too just to make sure we understand how things are going to be developed if this project were to move forward. Mayor Furlong: Okay, alright. Thank you. Ms. Aanenson with regard to grading and erosion control plans. Are those required as part of our ordinances? Kate Aanenson: Yes and there are conditions of approval on those so they are addressed as conditions Mayor Furlong: They are addressed in the proposed resolution? Kate Aanenson: Yes. Yes. Yes. Mayor Furlong: Okay Paul Oehme: And Mayor that's part of the final plan set too. The erosion control documentation. Making sure that the developer pulls their NPDES permit. We always have a letter of credit and we have on site inspectors inspecting to make sure the silt fence goes in properly and is maintained over the length of the construction period. Kate Aanenson: Yes. So typically no construction starts until that's been inspected to make sure that the preservation fencing is up. Erosion control's in place before a permit's issued. Mayor Furlong: Alright. And with regard to hours of operation it was suggested that there be some changes to that. What has been the experience? Kate Aanenson: The only place we restrict as far as really restricting a development, in the development contract and that's typically for the utilities but once it's a homeowner, similarly it would be for anybody in that neighborhood. We have hours of construction but those are pretty, a deviation from those. But anybody in that neighborhood if they were working on their own deck or working on their own house would follow those same rules and we stay consistent to that. Often times we found working in other neighborhoods, get it up. Get it done seems to work. We do have limited Sunday hours. I don't have those hours in front of me. They're online and the sheriff s office is great if there's calls on that but if somebody has a concern that they're working outside of those hours but I think that'd be pretty difficult to try to work through that. Again it would be anybody else in the same neighborhood working under those conditions. Mayor Furlong: Would have the same limitations. Kate Aanenson: Would have the same restrictions, exactly. Mayor Furlong: Thank you. Alright, thank you. Question Mr. Laufenburger? Clarification Councilman Laufenburger: Yeah just a clarification. Mr. Oehme you talked about letter of credit from the developer regarding road improvement. Are you comfortable that the amount of the letter of credit would cover the situations that Mr. Petrosian is referring to, including future development? Like a year or two years or something like that. 18 Chanhassen City Council — J• 27, 2014 • Paul Oehme: The letter of credit that we have for this project is our typical request for improvements. I think it will cover a majority of the situation that potentially can occur with developments of this type so you know we could have asked for more but I think under this situation I think it should cover us. Councilman Laufenburger. Is it reasonable to assume that the developer, I like Mr. Petrosian's words, return the roadway to it's pre -construction or pre -development condition. Is that a reasonable request? Let me ask it differently. Is that something that the city staff can manage to? Paul Oehme: It's very difficult to I think you know document that unless there's some big alligators or alligatored areas or. Councilman Laufenburger. You're referring to a road terminology, not reptiles right? Paul Oehme: Exactly. Councilman Laufenburger: Okay. Paul Oehme: So if there's definite areas that have sustained damage that you can see on the surface, you know that's the things that we'll work with the developer on addressing after the development or the houses are to be built so you know we'll do the final inspection and make sure that the roads as near existing conditions as they were prior to the development. Councilman Laufenburger: This wasn't asked by Mr. Petrosian but does the City of Chanhassen have experience with this developer? This builder. Do you know Kate? Kate Aanenson: Yes they've done other small developments in town. Councilman Laufenburger: And have we had any cooperative, cooperation problems with them in the past to the best of your recollection? Kate Aanenson: Not to the best of my knowledge. Councilman Laufenburger. Okay. Alrighty. Thank you Mr. Mayor. Mayor Furlong: Thank you. Yes. Councilwoman Ernst: Paul, can you tell me how the drainage issue, the runoff issue is being addressed? Paul Oehme: Yeah. The plan right now with, in terms of the stormwater management for the development is going to change a little bit based upon water resources staffs review of the preliminary plan that's submitted. The plan needs to meet our infiltration rate and MS4 permit and then also Minnehaha Creek Watershed District's requirements as well so we're working on that design. It's not completed at this time but it's one of the requirements in the development contract that they have to meet our stormwater runoff requirements. Basically infiltrating or retaining that first one inch rain event on site. Councilwoman Ernst: Okay, thank you. Mayor Furlong: Thank you. Yes? 19 Chanhassen City Council — J• 27, 2014 • Alex Petrosian: I would like to address that question about Mayor Furlong: If you could come up to the microphone. We're having some trouble with our speakers and microphones tonight so if everybody, staff included, can speak really loud when they're talking that would be helpful. Real quickly. Alex Petrosian: Sure. I would like to provide clarifications to the hours of operation that I asked for. I'm not asking to stop the construction in those hours by no means. I'm asking to stop the traffic at that time because the children walking around the street. Thank you. And there is hours of working on Sunday for your contract. Yeah, thank you. Mayor Furlong: Alright, thank you. Anyone else who would like to, ma'am. Please. Thank you for waiting. Marilyn Zupnik: My name is Marilyn Zupnik. I live at 6200 Hummingbird Road and thank you for letting me speak. Mayor Furlong: You're welcome. Marilyn Zupnik: I'm speaking because we live directly across the two lots in Chanhassen. We've lived there since 1990 when we built our house and I would like to say that I'm in agreement with my neighbors that have spoken already. I agree with their points and I just want to say that I'm not opposed to houses being built across the street from us. We've expected this for a long time as has already been expressed. I'm concerned about the housing density and I understand it's an unusual situation crossing the county line there and that we're only talking about the Chanhassen portion right now tonight. I'm concerned about the increase in traffic which will come from the Shorewood homes. It probably will be 5 houses. It's 4 now in the PUD and it probably, there was a fifth house for the future proposed so concerned about the traffic and my thought is that, about the setbacks of the houses and you've addressed that already tonight and I'm just concerned about, with houses being built too close to the road and after the lots are sold and could a builder, could an owner put something really close to the road and would it be possible for there to be communication between the two cities regarding the setbacks and how they're going to fit next to each other and I think that just one last comment is that the, there's over 4 point, 4 acres. I think it's 4.3 or something that is the, I think that's maybe the Shorewood portion and more here. I'm not sure of the exact amount. We have over 1 acre per house average and there's a lot of space between the houses and the acreage I believe is similar in the new proposal but the area where the houses are proposed is just a small portion of that area so that's 7 houses crowded into a small area and to me at 2 houses, is I house too much across the street. Mayor Furlong: Okay. Marilyn Zupnik: I think this is one proposal and that there are other options that could be very beautiful with fewer houses and my hope is that we get a win win situation for everybody in the end. Thank you. Mayor Furlong: Okay. Thank you. Appreciate those comments. With regard to the setbacks Mr. Zupnik mentioned. The setback, explain what the setbacks are and especially from the. Kate Aanenson: Sure. May I go back to the preservation. Again there has been subdivisions up in this area and future subdivisions could occur so while we look at what's happening today, you know we always have to think in the future so this area has not been given the purview of the bluff ordinance because we've adopted it since then so really what we're trying to do, there's a lot of erosion in this area so this developer is being held to that restriction. 20 • Chanhassen City Council — January 27, 2014 Mayor Furlong: I'm sorry, clarify that for me. You're saying the existing homes were built prior to. Kate Aanenson: Our bluff ordinance. Mayor Furlong: The bluff ordinance and the bluff ordinance includes setbacks. Kate Aanenson: So there's a lot of erosion, right. Setbacks so we don't have the erosion. Mayor Furlong: To avoid erosion. Kate Aanenson: So these 2 lots are being held to a higher development standard of staying out of the bluff. And on top of that we're trying to, we're preserving that so all the trees stay because the trees on the preservation area help with the extraction. Paul talked about, the City Engineer talked about reducing the volume of water so the trees would absorb that so there's less velocity as it's going down. We don't have preservations on those other areas and control so, then the rain gardens on the front and those other issues that will be to reduce so this developer's being held to a standard that the other homes that went in in that area aren't being held to. So within that, I'm sorry. Mayor Furlong: Okay, go ahead. Kate Aanenson: Then within that building envelope they have the right to build within that. The 30 foot setback. Again as we indicated there, while the pavement is the 16 feet, there's a significant setback before you get to the property line. Mayor Furlong: Well and that was one of my questions. Kate Aanenson: So it's a little deceptive. Mayor Furlong: I heard, I read in the report there's an 80 foot right-of-way here. Kate Aanenson: That's correct. Mayor Furlong: Do we know, is the existing blacktop, is that about in the middle of the right-of-way? Kate Aanenson: If you can see on this, it's pretty much centered. Mayor Furlong: Okay. So quick math, that means that the right-of-way includes, and never do math in an open council meeting. Rule number one. 64 feet of right-of-way that doesn't include the actual hard surface so if the road's in the middle, we've got 32 feet. Kate Aanenson: From the property. Mayor Furlong: So if I'm understanding correctly, from the edge of the curve of the road, 32 feet gets you to end of the right-of-way and then the setback is from that right-of-way another 30 feet before. Kate Aanenson: Minimum of 30. It could go back further. Mayor Furlong: Minimum of 30. It could go back further. Kate Aanenson: Correct. 21 Chanhassen City Council — J� 27, 2014 • Mayor Furlong: As long as it doesn't go too far back into the bluff setback. Kate Aanenson: That's correct. Okay. Alright. Thank you. Mr. Laufenburger. Councilman Laufenburger: Kate what about the comment of Ms. Zupnik regarding future buildings after the homes are in? Would those future buildings like a shed or a lawn mower or, could they be built within that 30 foot setback from the house to the right-of-way? Kate Aanenson: No. Our city ordinance doesn't allow accessory structures in the front yard setback. Councilman Laufenburger. Perfect. Alright, thank you. So the same setbacks that govern the building of the home would govern the building of accessory strictures? Kate Aanenson: Correct. It has to be behind the principle structure so it could be aligned with that front yard setback if that ends up at 30 or 35, 40. It could be aligned with that but it couldn't be in front of it. Councilman Laufenburger: Okay, thank you. Mayor Furlong: Thank you. Anyone else who would like to speak at the public hearing. Please. Krisan Osterby: Good evening. My name is Krisan Osterby. I live at 6271 Hummingbird Road. I live in the property that is just south of the Liedtke's, so one house away from the development between the Liedtke's and Jason who you already heard speak. I agree with everything that's been stated today. I wanted to confirm and actually clarify a few points. First of all for your consideration, when we were presenting information to the City of Shorewood the Planning Commission did not vote to approve the PUD because of the concerns that we have been bringing to you so there was if you will a serious concern and split decision within the City of Shorewood. Mayor Furlong: Okay. Krisan Osterby: Second of all I wanted to point out within that 16 foot pavement because if you think about the official or what is a legal width for a car or truck which is 8 foot 6, that means almost always any vehicle traffic is in the middle which causes additional wear and tear. Cars do not drive on their side, especially in the winter time to pass with snow removal. It does actually require either driving into a neighbor's driveway to let somebody pass or to drive off the road. Neighbors frequently place boulders in their yard or place stakes to help control that damage to their yard and so that's why Alex was requesting the repair to damage that would be fully expected in this kind of situation so it is very likely, almost unavoidable because of that. That is also part of the reason we are so concerned about the additional traffic in the neighborhood. I don't think what has been clearly stated is Hummingbird Road actually acts as the cul-de-sac, the main point of access to the Shorewood property. You saw in the slide show that Charles, the slope. The slope is actually more than 12% which is again supersedes or precedes civil engineering standards and so even when the road is plowed in the winter, we've been having for example it is not possible for cars to drive up Summit Road so it is again the brunt of Chanhassen that particularly in winter weather, in any freezing conditions, even in rain conditions the entire neighborhood knows now you choose and go to Hummingbird. We'll even see this in the pattern of service vehicles now. With garbage trucks in particular. The other issue that I want to point out why this is also I want your careful consideration is an incident that my family suffered. I also want to clarify the preceding the bluff ordinance. My house was rebuilt after a catastrophic loss of fire because it was inaccessible to fire fighting equipment because of the conditions of the road. And also my neighbors house, which was recently built in the late, or early 2000's also, we both meet the bluff ordinance and so the neighborhood 22 0 0 Chanhassen City Council — January 27, 2014 as Charles said assumes large front lawns and in a sense no back yards. That's kind of the culture to deal with those considerations but again the issue that happened in the loss of my home to fire was that calls were given to Victoria, Excelsior and Chanhassen. Only one of those crews could actually make it to my yard because of the condition of the road. They could not come up Hummingbird. Excuse me they could come up Summit and they could not get past the other emergency equipment because of the width of the road and the conditions along the road itself so this is not a light matter why we bring these traffic and safety concerns to your attention. Thank you. Mayor Furlong: Thank you. Anyone else that would like to address the council under the public hearing? Okay. Is the applicant here? Good evening. Steve Bona: Good evening Mr. Mayor, members of the council. Excuse me. My name is Steve Bona with Homestead Partners. We're located at 525 15th Avenue South in Hopkins. Just for familiarity sake. We're a residential developer in the southwest and western suburbs of the Twin Cities. We have neighborhoods currently going in Minnetonka, Eden Prairie, Edina, Mound and St. Louis Park just to name a few and then tonight I'm just here to give quick response to some of the comments that were made and then to answer any questions that you may have. Mayor Furlong: Okay Steve Bona: Excuse me. Hummingbird Heights has full staff approval, as you know. It's a variance free proposal. There were many more questions or complex factors on the Shorewood side of the neighborhood. Not necessarily the case here with this subdivision. We actually going into it, knowing all the issues and concerns that are out there with the neighbors and the residents nearby, we proposed the conservation easement so we were already doing that in Shorewood. In that plan and we thought it'd be a great idea to carry over into this plan as well so we proposed that to Bon Generous and kind of worked through the details of it and he thought that would work well so that is kind of how that came about. Homestead Partners is a developer, as I mentioned. JMS Custom Homes is planned to be the homebuilder. A sister company of our's. They build custom single family homes. That is what we propose in this neighborhood. Very nice homes. We've shown some of them to conceptual house plans to the City of Shorewood during that PUD process. As was mentioned also we've met with some of the neighbors throughout this process and we do have an open invitation to any of the neighbors if they would like to contact me. I'm happy to meet with them at any time and one of the things that came out of our most recent meeting was that front setback and Pete and I, Pete Knaeble my engineer, we were just discussing whether or not the 40 feet is viable and we've looked at that previously. We have the bluff setback in the rear to deal with, which is actually very tight and then there is a number of significant trees that would also need to be removed in order to push each of the houses back and one has a bigger issue than the other. But we are considering doing that anyway. It's just a matter of if we can make it fit and if there's anything of a usable back yard at all so we're going to look at that. That was a good suggestion that came out of our meeting and it came up because the next lot in on the Shorewood side to the north actually does have a 40 foot front setback so we would like it to match. Have the houses be somewhat even as well and that's another reason to look at it. The Shorewood plan, we originally came in with 6 lots and after many discussions with the City we reduced it to 5. City Council has approved our concept and it was actually, the concept was actually for 4 lots. There's already one buildable lot in that city so a total of 5 and we had full staff approval for the project as well. So now we're moving forward to preliminary plat in the City of Shorewood. Plans have already been submitted and we are just waiting for the Planning Commission meeting which is upcoming. The only questions that I have before any questions that you may have of me, the fees that were calculated were based all on two single family lots and I'm wondering, I tried to reach Bob today but I wasn't able to get ahold of him but the park dedication fees. We already have one existing lot and so one thing I'd just like clarified moving forward is whether or not it's two times or one times specifically for park dedication and then some of the 23 Chanhassen City Council — J• 27, 2014 • connection fees. It doesn't have to be determined tonight but if we could look into that, that would be appreciated. Mayor Furlong: Well we should probably get it right if we're being asked to approve it. Kate Aanenson: The park director, Park and Ree's Director said it's two. I'm not sure the first one ever paid so if you want to ask Mr. Hoffman, he can comment on that. Roger Knutson: We'll review that. Mayor Furlong: Okay. Steve Bona: Yeah, that would be great. And besides that if you have any questions for me I'm happy to answer them. Mayor Furlong: Thank you. Questions for the applicant. Mr. Laufenburger. Councilman Laufenburger. Thank you Mr. Mayor. My only, and by the way thank you for coming forward today. Is it Bona, is that correct? Steve Bona: Yes. Councilman Laufenburger: Steve Bona. Steve, my only question is regarding the road and I see from the staff report that the dollars attributed to that road is $10,000. Do you have similar letter of credit with Shorewood for their portion of what is Hummingbird turns into Summit? Do you have similar letter of credit with them? Steve Bona: It hasn't been determined yet because we don't have a preliminary plat approval but that will come with it but they have already discussed that it would be 125% just like the City of Chanhassen calculates their's. Councilman Laufenburger. So similar calculation? Steve Bona: Yes. Councilman Laufenburger: Okay. Alright. Thank you Mr. Bona. Councilwoman Tjomhom: Mr. Mayor. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjomhom: Point of clarification. Can we go back to that last point you brought up about your fees? Steve Bona: Yes. Councilwoman Tjomhom: The dedication fees and you need the clarification on that. Steve Bona: Yes. 24 • • Chanhassen City Council — January 27, 2014 Councilwoman Tjornhom: Can we still approve that even without clarification or do you need that before you would? Mayor Furlong: I guess what I would ask of our City Attorney, if we go forward. If the council wants to move forward with approval, if we could do it with a condition that staff clarify and adjust if necessary the fees. Councilwoman Tjornhom: Okay. I just want to make sure I was understanding what was going on. Mayor Furlong: Is that? Roger Knutson: That's fine and the issue in the park dedication is if they already paid a park dedication for one lot or have they not. We need to confirm that. If they have not then they pay for two. Mayor Furlong: So that's a fact that needs to be determined and then depending on the outcome of that. Councilwoman Tjornhom: Okay. Mayor Furlong: And would that be in the development contract or the? Roger Knutson: Yes. Mayor Furlong: Okay. Ahight. Mr. Bona, there's been a lot of questions raised about traffic on the road. Construction traffic. Delivery vehicles. Times of day and just where the vehicles are going to park. What's your expectation? What have you done in other areas? Are you going to be able to keep the road clear of vehicles that are on site? Steve Bona: Yes. The road will be clear. It will be challenging. It is narrow. We understand that. We're going to have to work with the building department, as was mentioned previously. Our building company, IMS Custom Homes, I would recommend you know sits down with the building inspector up front and formulates a plan for parking and for deliveries and whatever else is needed there. I think that's probably, I would look at this a little bit differently than most of the neighborhoods that we're developing in right now given a 16 foot wide road. And our building side is aware of that and we have discussed that as well. Mayor Furlong: Okay. Councilwoman Tjornhom: Mr. Mayor? Mayor Furlong: Councilwoman Tjornhom Councilwoman Tjornhom: So what are the specifications for Shorewood when it comes to traffic and construction workers parking and deliveries being made? Are they consistent with Chanhassen standards or are they not? Steve Bona: I don't know what the standards are necessarily in Chanhassen right now but what their's are and what the other cities are in this area that we work in, I don't think that they necessarily have a, they have the hours. The working hours but I don't necessarily think that they have anything set for individual house construction but in this case since it's, and in Shorewood we haven't gotten to that point yet but I'm sure that the developer agreement will spell it out and there I would also recommend the same thing. That we sit down prior to the first development equipment coming in and say, formulate the plan for 25 Chanhassen City Council — J• 27, 2014 • where the parking will be. There is a lot of property on, you know on site. There's a lot of right-of-way. We have areas to get off of the street to park and we're just going to have to use that as best we can. Councilwoman Tjornhom: Okay. Mayor Furlong: But the road will be, to every extent possible passable. Steve Bona: It has to be passable, we understand that. Mayor Furlong: Yep. Okay. Alright. Other than the question that you raised on the park development fees, did you have any other questions or concerns about the development contract or the conditions of approval? Steve Bona: I do not. Mayor Furlong: Okay, thank you. Mr. Laufenburger Councilman Laufenburger: Just one more question Mr. Bona from me. Assume you receive the approvals that are necessary, when do you expect that you would begin construction? Or that JMS would begin construction. Have you put a time table together for this? Steve Bona: We would like to start the first house as soon as possible. We would like to. Councilman Laufenburger: I can appreciate that. Steve Bona: I think we would like to begin, and it's reasonable that we could start by the first of March. March 15's. Councilman Laufenburger: Okay. And does, let's say March 15ih. Mr. Oehme, does our weight restriction on our city roads allow something like that in the March 150'timeframe? Paul Oehme: No March 15'h, road restrictions probably, typically aren't on at that time. Starting right around maybe April I' I think they would go on and then third week in April maybe they would come off so. Councilman Laufenburger: So the restrictions really are, they're not in place in the winter because the road's frozen and it can handle that. PaulOehme: Correct. Councilman Laufenburger: It's during the melting time when the restrictions really come into play. Paul Oehme: Yeah, the thawing period of the frost so. Councilman Laufenburger: And you're accustomed to that Mr. Bona? Steve Bona: Yes. Councilman Laufenburger: In the past, okay. Alright. That answers my question, thank you. Councilwoman Ernst: Mr. Mayor? 26 0 Chanhassen City Council — January 27, 2014 Mayor Furlong: Yes Councilwoman Ernst. Councilwoman Ernst: I'm sorry, I don't remember your name. Krisan Osterby: My name? Councilwoman Ernst: Yes. Krisan Osterby: Krisan Osterby Councilwoman Ernst: I really want to make sure that we've addressed your concern in terms of having that road accessible to get to your house, and I'm not sure that I've heard whether it was the design of the road. Whether it was traffic in the road and why was, why were the emergency vehicles not able to get to your home? Krisan Osterby: They couldn't pass each other. Councilwoman Ernst: Because of the traffic in the road. Krisan Osterby: Well it was the width of the road and the width of the vehicles. There was trees on either side and then there were a couple of emergency vehicles along with fire vehicles along with sightseers essentially for lack of a better word. Councilwoman Ernst: And do we feel that we've addressed that particular situation with the traffic and the design of the road? I'm not hearing it and maybe it's there. I'm just not hearing it. Mayor Furlong: We're not looking at any changes to the road. Krisan Osterby: And part of the issue which again you don't see in the plan... is it's the slope of Summit that makes Hummingbird essentially act as a cul-de-sac or conduit for this land... It's the flat part of the property and if there's any kind of inclement weather, if it's freezing or if it's a large vehicle they cannot come up Summit. Councilwoman Ernst: And I'm not saying that we're changing the design of the road. I'm just saying with the design of the road the way it is today, have we addressed the traffic that accommodates that? Steve Bona: From our point of view I think that we need to sit down with the building inspector prior to that first house being built because in this case for these two lots, there's not any development that needs to occur here besides a service in the road so the house will start. That's why the house will start fairly quickly and sit down with the building I inspector and discuss how it works so there is a plan in place. Mayor Furlong: Mr. Oehme. Councilwoman Ernst: I just want to make sure, I'm sorry. Mayor Furlong: Nope, that's fine. Councilwoman Ernst: I just want to make sure we've addressed that situation because. Steve Bona: We do too. 27 Chanhassen City Council — J• 27, 2014 Councilwoman Ernst: It's pretty critical. Jason Mills: Do you mind could I? Mayor Furlong: Well Mr. Bona's here right now so I just want to make sure that he has his opportunity. Any other questions for the applicant? Mr. McDonald. Councilman McDonald: Yeah, I hadn't heard an answer to one question. As far as work restriction hours, what does Shorewood say? Are they compatible with what we have or do we have a difference of timing? Steve Bona: I think they're very similar. I don't know if they allow work on Sundays but again that is, we're still in the preliminary plat process so there hasn't been anything other than what is in the ordinance approved. Councilman McDonald: Okay, thank you. Mayor Furlong: Okay, anything else? Mr. Bona, thank you. Appreciate your time and comments. Steve Bona: You're welcome. Mayor Furlong: Anyone else for the public hearing? Is it a follow up to what he just presented? Jason Mills: Somewhat. Mayor Furlong: Okay. Jason Mills: And it has to do exactly with what we were just talking about, about the road and the traffic. Mayor Furlong: Yep. Jason Mills: Jason Mills, 6281 Hummingbird. Mayor Furlong: Thank you. Jason Mills: My personal concern deeply concern that concerns me about this whole thing and this PUD and the development going in is, at one point I counted the homes on this, in this area down Hummingbird Road and Summit. Going down the hill. I think it was 19 homes that we have there in our neighborhood and so this development is going to be 6 to 7. It's going to be 6 basically with possibly 7 down the road. My concern is that our road is 16 feet wide. Audience: 15 6. Jason Mills: Okay. Mayor Furlong: Okay, let's try to keep it moving. Keep going. Jason Mills: Okay, so bear with me. It's very narrow road. It's a very quaint neighborhood. Myself, including the rest of the people that live there love the place but I have a personal concern that as far as traffic goes, that road is about at the threshold right now of what it can handle and I might be wrong, and I W • Chanhassen City Council — January 27, 2014 might be right. I don't know but I think it takes deeper concern by whomever is in charge of all this to take a look. We put in 7 more homes. Let's say that your average 35 year old, 40 year old couple with 2 kids. You know they each got 2 cars. That's another 14 vehicles or whatever etc. That might over burden our road as far as convenience, safety, fire trucks, the UPS guy, garbage trucks, etc. Okay? I'm not in charge at all but I just want to plea my case to you people to please look into it. I've reached out to Steve at Homestead. We've had a meeting already and we're going to do that again to try to work together to see you know, I understand that he is empathetic to our cause but I understand too is that we know that people are going to develop. This property was there. You know development is there. It's going to come. Profit. We all understand that okay. Mayor Furlong: Okay. Alright. I'm trying to understand then if we knew that development was going to come, but you're also saying the road can't handle it. Jason Mills: Right I know, that's the problem. It's a conundrum. I mean it, yeah. Mayor Furlong: Okay, thank you. Jason Mills: Yeah. Yeah. Help us figure it out. Mayor Furlong: Alright. Jason Mills: Thank you. Mayor Furlong: Thanks. Ma'am. Marilyn Zupnik: Marilyn Zupnik, 6200 Hummingbird Road. I was going to mention that we measured the road right in front of us which is across the street from the Chanhassen portion and it was 15 feet. I just, that's what we got our measurement directly in front of the area in question. Mayor Furlong: Okay. Marilyn Zupnik: And just, you just mentioned we knew that development was coming. For all these years we knew the property would be sold. We had no idea to, that a proposal would come along that was any different than what was built in the last, well almost 24 years that we've been there. There have been 5 or 6 houses built, mostly across the street since we moved in and each one was built by an individual owner with a lot of space around them and each one was a beautiful addition because of the space and the different character of each house so that's what we assumed would happen with this beautiful piece of land and we still, I still hope it will happen so that's what we were thinking. Mayor Furlong: Okay. That's helpful, thank you. Anyone else that would like to address the council on this? Charles Liedtke: Just one more point. Charles Liedtke again, 6231 Hummingbird Road. The $10,000 is a nice gesture. It's grossly inadequate. We spent $1,000 to sealcoat our driveway. We don't know what it will be. That's a guesstimate. We think it's a good start but we heard from staff it might cover the majority. That means we still might be on the hook for $9,000 of an estimate so I just encourage you to, well going back doing more in-depth traffic analysis but also we would ask for more on the letter of credit just to protect us. We are citizens in the community. Thank you. Mayor Furlong: Okay, thank you. Mr. Oehme, you know we need to, twice is probably too many. I've tried to be lenient so, thank you for understanding. Mr. Oehme with regard to the concerns raised about 29 Chanhassen City Council — J• 27, 2014 • the financial obligation for the letters of credit and such like that, how did you come up with that amount and what was the basis for it? Paul Oehme: Again that's our typical letter of credit for these type of projects where they're digging into the roadway for service connections and for deliveries and degradation to the road. You know that's our standard that we've always put on other properties such in the Carver Beach area and we've seem that we've at least always covered ourselves so you know if the, so. Mayor Furlong: Okay. Alright, thank you. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger. Thank you. Paul, if for some reason $10,000 doesn't cover the cost of returning that road to it's original state, what's your out? What's your outcome? Paul Oehme: We can always, we just talk to the City Attorney and see if there is any other obligations that we can ask the developer to put towards a project like that. Mayor Furlong: Mr. Knutson. Roger Knutson: Mayor, members of the council. If the letter of credit is not adequate we can go after the developer who signed the development contract to fulfill all the obligations under the development contract. Councilman Laufenburger: Thank you. That's the language I was looking for. Thank you Mr. Mayor. Mayor Furlong: Thank you. And then another issue Mr. Knutson that's come up, and that is the use of Hummingbird Lane for access to property in Shorewood has come up a few times. Help all of us understand what limitations, restrictions can be put in place. Are typically put in place with regard to access. Using a public road from one city to another. Roger Knutson: My experience it's pretty typical. I mean that's what roads are for. Mayor Furlong: Okay. So there really isn't a limitation that can be placed upon the use of a public road? In a city for, to access for property in another city. Roger Knutson: No. Mayor Furlong: Okay, thank you. Anyone else for the public hearing? If not, is there a motion to close the public hearing? Councilman McDonald: So moved. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Any discussion on the motion? 0 0 Chanhassen City Council — January 27, 2014 Councilman McDonald moved, Councilwoman Ernst seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was closed. Mayor Furlong: Let's bring it back to council then for comments, discussion and a motion. Councilwoman Tjomhom: I'll start Mr. Mayor. Mayor Furlong: Councilwoman Tjornhom, thank you. Councilwoman Tjomhom: As I've been listening to this whole discussion tonight, this is my third term as a City Council member and I think this is probably the first discussion I've had or we've had with a neighborhood that's been so professional and so I really want to thank you for that. Thank you for coming out tonight especially I think it's probably the coldest night we've had in 35 years and so obviously this is important to you and it's important to us that you know we get this right so you continue to have that quality of fife that you so love in the town that we love, Chanhassen. So I also want to sympathize with you because you've been battling two city halls, not just one so you guys have been doing double duty on your mission to make sure that, like I said this project turns out right and I'm impressed that you're not saying don't let this happen but you're saying make sure it happens the right way and I'm hoping that tonight you feel like we've made progress in that direction and that a lot of your issues were discussed and hopefully in our council meeting minutes and also in our packet there will be all those items that we've addressed, recognized and so I think we talked about the roads and hopefully you will feel a little bit better about if there is any damage to the roads that you know there is a plan put in place. You have the $10,000 and if that doesn't seem to be adequate there are legal ways to go ahead and make sure that is going to be satisfactory to you. I'm impressed that you love your road. Most people come here and they don't like their road. It's not big enough and it's you know not safe enough and so I saw that big, beautiful tree there and I love that neighborhood. That Hummingbird neighborhood is, Melody Hill, it's a beautiful place and so I think some of the other addresses were traffic and I understand that too. If the bus isn't coming to pick your kids up at the bus stop and you've got to drive and then you've got to maneuver around semi's or trucks coming in unloading wood. Concrete trucks. Just construction traffic in general. Even just dirty roads. I can see where that would be a hindrance to you and your quality of life and so I'm hoping also that that can be worked out with the developer so you both can kind of live with each other during that brief time when these homes are being built. I think another question was about drainage and hopefully that was answered too and hopefully you know you can work with our city engineer and make sure, and the developer and make sure that you know once again we all can live in harmony with our new neighbors so like I said, I really want to thank everybody. I want to thank the neighbors. Staff. Council and the developer for really working together tonight in trying to make this something that's viable and like I said, that we can all feel good about and hopefully you're going to like your new neighbors so thank you very much and I'm in favor of this project. Mayor Furlong: Thank you. Other discussion. Comments. Motions. Mr. McDonald. Councilman McDonald: I'll go. Yeah I've been pretty quiet but I've been listening to all this and I guess what it comes down to is, yeah we can only vote based upon certain criteria and I think we've gone through all of this tonight. It looks as though all the requirements are going to be met. Based upon that, not being able to find anything where there's a violation of any rules of ordinance, our hands are tied. We have to vote yes. I can sympathize with everything that's going on. Change is very difficult and this is definitely going to be change to your area. Again as Councilwoman Tjomhom said, I hope that once the new neighbors get in everybody can get along they will appreciate the uniqueness of this area so I mean I have not heard anything tonight that would say I could vote against this so I would vote for it also. 31 Chanhassen City Council — J• 27, 2014 • Mayor Furlong: Thank you. Any other comments? Discussion. Motions. Councilwoman Ernst Councilwoman Ernst: Well I'll just kind of repeat what's been said already but you know I think that we've addressed, I hope that you feel that we've addressed all your concerns tonight. Traffic and safety are some of the big issues out there from what I'm hearing from all of you and the developer has committed to working... that we've taken care of that issue. We've also addressed the runoff. The setbacks and I really think that you know the developer working with staff and all of you that will be able to come up with a wintwin situation. But I too want to thank all you for coming tonight and some of you a second time up at the podium. Really appreciate your comments. That's what it's all about is being able to voice your opinions. You are the government so thank you. Mayor Furlong: Thank you. Any other comments? Councilwoman Ernst: And I'm sorry, I support the project. Mayor Furlong: Thank you. Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Accolades to those people who have done great research and great preparation and special recognition to those people that find it difficult to speak in public because I know when you stand in front of that microphone a big lump gets in your throat and I thought all of you handled that very, very well. Our responsibility, as Mr. Knutson so well reminded us is to address the legal requirements of the City of Chanhassen. It's one of the reasons, quoting Mr. Liedtke, we love Chanhassen. We don't have to love Shorewood or Victoria or Eden Prairie or Chaska. All we have to make a decision about is Chanhassen. That over which we can, we have some influence so we do our best to do that so our responsibility, as Mr., as Councilman McDonald also stated is we have to follow the guidelines that are in front of us. Also Mr. Knutson, you can correct me if I'm wrong but we're actually making two decisions tonight. The first is a metes and bounds decision on the subdivision and then the second decision we're making is regarding the development contract, is that correct? Roger Knutson: They're really tied together, yes. You're asked to approve both. Councilman Laufenburger: Okay. So clearly there is little latitude for us to either approve or deny on the metes and bounds subdivision because if it meets the ordinances we really are obligated to approve it, but we can influence the development contract. More importantly the performance against the development contract and I see in Mr. Bona a gentleman who's very interested, comes to us with a spirit and an attitude of cooperation and I think that he made that very clear to us. I hope that he's also made that clear to the neighborhood as well, and if you challenge that in any way please, address it with Mr. Bona because he, at least for the while, he's going to be your neighbor. He's going to be a citizen of your community. Some in Chanhassen. Perhaps some in Shorewood as well. I'm pleased that there's acknowledgement that development will occur because I think that Chanhassen as a population right now, correct me Ms. Hokkanen, 22,952. That will continue to grow and, close enough? Okay. That will continue to grow and in that growth will be people who like Mr. Liedtke and his neighbors will love the neighborhood that they live in and we should openly welcome those people as long as they can be good citizens like the citizens of Murray Hill. Mr. Mayor I'm prepared to support both the metes and bounds subdivision and the development. Thank you. Mayor Furlong: Thank you. I'll try to keep my comments short in that I agree with the appreciation for those who spoke at the public hearing, as well as who have worked with our city staff and city staff as well. And Mr. Bona and his firm for working with our staff and continuing to show that desire and saying it here that they want to keep doing that throughout the process and that will be very important to making this successful as possible for everyone involved. With regard to the issue before us on the metes 32 0 Chanhassen City Council — January 27, 2014 and bounds definition, staff has represented that there are no variances being requested. That it does meet our ordinances. I didn't hear anything that said that it didn't meet our ordinances so then the question is how, you know the biggest issue came up was the road and while it's not something we're dealing with tonight, I think for city staff to think about and the residents too is, right now looking at the staff report Hummingbird Lane was last sealcoated in '99, is that right? So again trying to do the math- 14 years. That's pretty good for it to still have a pavement rating in the mid to low 70's. Knowing how we deal with roads, and we've got a group of residents here that, with Kiowa Trail that's looking at being reconstructed, that quality of pavement could fall off rather quickly even if these homes weren't built. But the next time that this road comes up for reconstruction I think it should be seriously considered to be widened to as close as possible to our current city standards for all the reasons that were mentioned here tonight about the narrowness. Cars not being able to pass. You know pedestrian traffic. Bike traffic. Conflicting, the traffic. Obviously you're not going to get rid of the hill on Summit. That's going to be there and so, while that may affect the character of the neighborhood, from a safety standpoint I think it's something that the city and the residents should seriously consider. That doesn't address the issue here but based on comments made by staff there may be additional subdivisions in the future. I think part of the challenge here is that but for Ms. Osterby's home being reconstructed after the fire it looks like in 2008, there hasn't been much construction up here for 20 plus years. That will be different. There will be change and that's why I think it's incumbent upon and I appreciate Mr. Bona's willingness to work with staff to make sure it's done in a way that is the least intrusive as possible. But with regard to the matters before us tonight, I think it does meet the ordinance. It should be approved and the development contract should be approved with the exception of the one issue. Request on the park and trail dedication fees. Make sure that's verified and adjusted and give staff the option. The ability to verify that and make that adjustment. And with that if there are no other comments would somebody like to make a motion? Councilwoman Ernst: I'll make a motion Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I make a motion that City Council approve the two lot metes and bounds subdivision of Hummingbird Heights subject to the conditions of the staff report and adopts the Findings of Fact and Decision and the development contract. Mayor Furlong: And then what sort of language Mr. Knutson should we have with regard to the park and trail dedication fees? Roger Knutson: Subject to confirming that park dedication's required on both lots. Councilwoman Ernst: Subject. Mayor Furlong: What he said? Councilwoman Ernst: Yeah what he said. Mayor Furlong: Yeah, okay. Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Motion's been made and seconded. Any further discussion on the motion? Hearing none we'll proceed with the vote. 33 Chanhassen City Council — J• 27, 2014 • Councilwoman Ernst moved, Councilman Laufenburger seconded that the Chanhassen City Council approves the two -lot metes and bounds subdivision of Hummingbird Heights subject to the following conditions and adopts the Findings of Fact and Decision: Building: 1. Appropriate permit(s) required for the demolition or moving of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before building permits can be issued. 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 4. Each lot must be provided with separate sewer and water services. Engineering: 1. A $10,000 security must be provided to ensure that the street is restored following the installation of sewer and water services to Lot 2. The security can be released when the City determines that the patch is in good condition after one freeze -thaw cycle. 2. Sewer and water hookup charges are due for both parcels, a portion of which shall be collected with the subdivision: Water: 2 units x $1,886/unit = $3,772 Sewer: 2 units x $664/unit = $1,328 The remainder of the water and sewer hookup fees shall be paid with the building permit at the rate in effect at that time. 3. The City Attorney shall draft and the developer shall execute a "Grant of Permanent Easement for Public Drainage and Utility Purposes" document. This document shall be recorded with the metes and bounds subdivision. 4. The City Attorney shall draft and the developer shall execute a "Preservation Easement' document. This easement shall restrict the removal of vegetation to allow for only the removal of invasive vegetation or noxious weeds and only after the removal has been reviewed and approved by the City. The document shall also forbid any topographic alterations or placement of fill materials except as is necessary to correct demonstrable erosive conditions provided a plan is developed by a licensed civil or soils engineer or a licensed geologist or soil scientist. In the event this easement is vacated, Storm Water Management Fees, as listed in Section 4-30 (c) 3 of the City Code, shall be due for the vacated area at that time. This document shall be recorded with the metes and bounds subdivision. 5. Storm Water Utility connection fees totaling $5,336.10 shall be collected with the subdivision. 34 r • Chanhassen City Council — January 27, 2014 6. A plan showing the design of the rain garden features along with details and specifications shall be provided for review and approval. 7. The proposed location of the rain gardens shall be moved such that it treats water from the driveway and/or road area and so that there is not a concentrated flow condition to the bluff area. 8. The applicant must provide a letter from Minnehaha Creek Watershed District stating that the development is in compliance with their stormwater management and erosion control rules. 9. An operations and maintenance manual describing the schedule for anticipated inspections and maintenance of the rain garden areas and indicating who is responsible for the long-term care and maintenance of the features unless included with MCWD submittal and approval. 10. A $5,000 security must be provided to ensure that the rain garden features are constructed on lots 1 and 2. The security can be released when the City confirms that they have been constructed per design and have adequately performed through one full growing season. 11. A Surface Water Pollution Prevention Plan (SWPPP) meeting the requirements of the NPDES construction permit shall be provided for review and comment. 12. The applicant shall provide proof that the NPDES permit has been applied for and received from the MPCA. This can be in the form of the permit number. 13. All erosion prevention and sediment control shall be installed prior to any earth -disturbing activities. The city shall be contacted to inspect that this condition has been met. 14. All applicable details shall be included in the plan set and shall be specific to the proposed improvements. 15. The detail for the bioretention facility shall be modified such that it does not include in situ soils materials. 16. The underdrain shall be fitted with a mechanism to restrict flow to the outlet. A geotechnical report or percolation testing report indicating that the area is not conducive to infiltration as described in the MN Online Stormwater Manual can be submitted in lieu of this. 17. Silt fence or other perimeter controls shall be installed to protect the rain garden areas from all construction -related activities and shall be placed as far from the top of bluff as is reasonable to allow adequate room for construction equipment yet protecting the bluff. 18. The plans should call out for all infiltration/filtration areas that they are to be protected from all construction related activities throughout the duration of the project. Park and Recreation: 1. The developer shall pay park dedication fees at the rate in force upon final plat approval for the two lots prior to recording the property deeds. 35 Chanhassen City Council — 7• 27, 2014 Plannine 1. Deeds for the two parcels shall be submitted to the city for review and approval and then recorded at Carver County. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Ernst moved, Councilman Laufenburger seconded that the Chanhassen City Council approve the development contract for Hummingbird Heights conditioned upon the applicant shall supply the City with a cash escrow or letter of credit for $17,655.00 and pay a cash fee of $22,531.10, and subject to staff confirming that park dedication is required on both lots. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Let's take, and I hate to do this for everybody that just sat through that and is interested in the next item but at 5 to 9:00 here, let's take a short break. We'll reconvene. We'll recess now and reconvene at 9:00 and I appreciate everybody's understanding. (The City Council took a short recess at this point in the meeting.) Mayor Furlong: I'd like to reconvene the Chanhassen City Council. Continue on with our agenda items. 2014 STREET RECONSTRUCTION PROJECT: PUBLIC HEARING FOR KIOWA TRAIL. Mayor Furlong: Let's start with a staff report please then we will have a public hearing as well so Mr. Oehme, good evening. Paul Oehme: Good evening. Thank you Mayor, City Council members. So tonight I'd like to review the Kiowa Trail proposed improvements for 2014. So the agenda for tonight, I'd like to quickly just talk about the project background. The project scope and talk about the Springfield connection associated with this project proposed tonight. I have with me tonight is Tom Sohrweide. He's with SEH engineers. They are the ones that helped the City draft the traffic study for this project. I'll also review the cost and the financing for the project. Schedules for the project and open it up for public hearing would be the request. So with that, the project is actually split out into two areas in town. The north side of, one of the areas is the Minnewashta Shores neighborhood. That is proposed to be held for a public hearing on February 10th but tonight we'd like to focus on the Kiowa Trail improvements. In total there's a little over one miles worth of streets that the City is proposing to reconstruct. Kiowa Trail is a narrow rural section roadway. It varies in width between 23 and 25 feet. From our records the last time major improvements were completed was in 1978. It was sealcoated several times and a pavement condition index that we rate our streets with is currently at 13 which is very low considering 100 is a brand new street. So it is within our reconstruction areas. Or recommended for reconstruction. So with that we are recommending a full depth reconstruction of the street to it's current geometry and width. We did take soil borings and there is a lack of sub -grade material to support a new roadway section so we want to dig that clay material out and replace it with a heavier duty pavement section. 18 inches of sand. 10 inches of Class V material which is a gravel and 3 1/2 inches of bituminous. We also in our typical section of roadway we would install draintile to help with the drainage of the sub -grade and this also allows property owners to connect into their, their sump pumps into the draintile so it doesn't discharge onto the road and cause ice damage or other degradation to the road as well. The street width, we are proposing to maintain it to it's current width. This area has some topographic challenges and some steep driveways. In order to widen out the road or change the grade of the road it would impact negatively some of the driveways so we don't want to decrease or make some of these driveways steeper or worst condition than RE- Cn Y OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION RaTA Application of Homestead Partners, LLC and Donald B. Rix for Subdivision approval. On January 27, 2014 the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Homestead Partners, LLC and Donald B. Rix for a metes and bounds subdivision approval to create two lots. The City Council conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The City Council heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District, RSF. 2. The property is guided in the Land Use Plan for Residential Low Density uses. 3. The legal description of the property is: Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the point of intersection with the South line of Lot 6, "Murray Hill" if extended; thence West to the Southeast corner of Lot 6, "Murray Hill"; thence North along the East line of Lot 6 to the point of beginning. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; SCANNED d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this subdivision ordinance; e. The proposed subdivision will not cause environmental damage; E The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. 5. The planning report #2014-02 dated January 27, 2014, prepared by Robert Generous, et al, is incorporated herein. DECISION The City Council approves the metes and bounds subdivision creating two lots. ADOPTED by the Chanhassen City Council this 270' day of January, 2014. CHANHASSEN CITY COUNCIL BY: Mayor 2 CITY OF CHINAASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning A Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us • • k -1 CA, MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: January 27, 2014�� SUBJ: Hummingbird Heights, Metes and Bounds Subdivision Planning Case #2014-02 PROPOSED MOTION "The Chanhassen City Council approves the two -lot metes and bounds subdivision of Hummingbird Heights subject to the conditions of the staff report, and adopts the Findings of Fact and Decision." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY The applicant is requesting metes and bounds subdivision approval to divide the property into two lots. City council may approve a metes and bounds subdivision of a lot into two lots inside the urban services area if both resulting lots meet the minimum requirements of the zoning ordinance and abut an existing public street, pursuant to section 18-37 (b) of the Chanhassen City Code. PROPOSAL SUMMARY The applicant is requesting a metes and bounds subdivision of a 1.667 -acre parcel into two (2) lots on property zoned Single -Family Residential (RSF) located at 6221 Hummingbird Road. The applicant is Homestead Partners, LLC and the property owner is Donald B. Rix. BACKGROUND In 1884, the Plat for "Murray Hill" was registered. April 17, 1978, the replat of Lots 17 and 18, Murray Hill was approved. January 8, 1979, Gallagher Addition was approved. July 21, 1986, Evelyn Lohr Addition was approved. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED + Todd Gerhardt • Hummingbird Heights — Planning Case 2014-02 January 27, 2014 Page 2 SUBDIVISION REVIEW The applicant is requesting a metes and bounds subdivision creating two lots. The net density of the development is 1.14 units per acre. The easterly 56 percent of the property is located within a wooded bluff which extends down to Galpin Boulevard. STREETS The proposed subdivision is adjacent to Hummingbird Road, a 16 -foot wide public street within an 80 -foot wide right- of-way without curb and gutter. This street was constructed in 1971 and sealcoated in 1994 and 1999. In 2011 Hummingbird Road was surveyed and assigned a pavement condition index (PCI) of 76; a PCI of 100 represents a new road and a PCI of 0 represents a completely deteriorated street. Given the PCI of 76 staff did not recommend resurfacing Hummingbird Road with the 2013 street rehabilitation project. e _ ..,l 3. ---------- The ST The current standard for new streets within Chanhassen is 31 feet wide with curb and gutter. The property frontage to Hummingbird Lane is 180 feet. Should council require the developer to improve this section of road the remaining 900 feet would remain a rural section. Also, there are limited opportunities for the installation of the required stormwater runoff management facilities. Summit Avenue extends from Hummingbird Road into Shorewood and connects with Murray Hill Road, as shown in the graphic below. 0 Todd Gerhardt Hummingbird Heights — Planning Case 2014-02 January 27, 2014 Page 3 A summary of the existing and proposed condition is below: # of lots # of homes EXISTING Chanhassen Shorewood Total 13 6 19 12 4 16 Trips/day 115 (124 if thele were homes on all lots) 38 153 (57 if there were (181 if there were homes on all lots) homes on all lots) 0 PROPOSED Chanhassen Shorewood Total 14 9 23 14 9 23 134 86 220 The proposed traffic on the streets will be under 2,000 vehicles per day, which is the upper threshold for traffic on a residential street. Considering the condition of the road, the developed nature of the surrounding area, the anticipated traffic volume and the lack of stormwater management facilities, staff does not recommend that the portion of Hummingbird Road be widened or urbanized with this development. UTILITIES There is one sewer and one water service within Hummingbird Road to provide service to Lot 1. The developer will be responsible for installing services for Lot 2. A $10,000 security must be provided to ensure that the street is restored. The security can be released when the City determines that the patch is in good condition after one freeze -thaw cycle. Sewer and water hookup charges are due for both parcels, a portion of which shall be collected with the subdivision: Water: 2 units x $1,886/unit = $3,772 Sewer: 2 units x $664/unit = $1,328 The remainder of the water and sewer hookup fees shall be paid with the building permit at the rate in effect at that time. The proposed lots within Shorewood will be serviced by the existing sanitary sewer within Summit Avenue. Watermain does not currently exist within Summit Avenue. The developer requested to extend watermain from the existing terminus within Hummingbird Road and provide service to the proposed four lots within the Shorewood subdivision. This section of watermain is currently a 1,100 -foot dead end; therefore, staff requested that the developer extend the watermain to Murray Hill Road to provide a looped system for the existing and proposed users to minimize service disruption in the event of a watermain repair and for water quality purposes. Due to the cost of the watermain installation the developer has indicated that he will pursue the installation of wells on the properties within Shorewood. Todd Gerhardt Hummingbird Heights — Planning Case 2014-02 January 27, 2014 Page 4 The developer proposes 10 -foot front and rear yard and 5 -foot side yard drainage and utility easements on each lot, as shown on the plans. The City Attorney shall draft and the developer shall execute a "Grant of Permanent Easement for Public Drainage and Utility Purposes" document. This document shall be recorded with the metes and bounds subdivision. GRADING & EROSION CONTROL The area decreases in elevation from west to east and south to north. The eastern 200 to 230 feet of the area meets the criteria for bluff. No additional runoff volumes or rates may be directed towards this bluff area without showing that it will not result in increases in erosion downstream. The current rain garden design proposes concentrated flows at discrete discharge points. This will not be allowed. There are known erosion issues along Galpin Avenue down gradient from the proposed development. Because these two lots are part of a larger common development, it will exceed the minimum threshold for a General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination System (NPDES - Construction Permit). The applicant will need to meet the requirements of this permit and provide evidence of this compliance. At a minimum, a Surface Water Pollution Prevention Plan (SWPPP) will need to be provided for staff review and comment before any site grading can take place. The erosion prevention and sediment control practices shall be installed prior to any earth - disturbing activities and the applicant or their contractor shall contact the City to inspect their installation. Silt fence should be located as far from the top of bluff as possible while still allowing for the proposed grading. Silt fence shall also be placed around any filtration/infiltration features prior to construction and it shall be indicated on the plan set that these areas are to be protected from all construction activity, including material stockpile, throughout the duration of the project. STORMWATER MANAGEMENT As noted in the preceding section, bluff conditions are located easterly on the lot and drainage and erosion problems exist along Galpin Avenue. Carver County and the City of Chanhassen have already committed a substantial amount of resources to address the resulting erosion and private property damage resulting from the flow hydraulic and hydrologic conditions along Galpin Avenue. The loss of canopy on the bluff area above Galpin Avenue will only exacerbate the problem. Every reasonable effort shall be made to preserve the tree canopy on this bluff and to assure that no increase in rates or volumes of runoff directed towards the bluff occurs. Under the new NPDES — Construction Permit, the new NPDES — Municipal Separate Storm Sewer permit and the Minnehaha Creek Watershed District rules the applicant must meet the abstraction requirements of one (1) inch of runoff from all new impervious surfaces. The applicant is proposing to use raingardens but has not provided any specifics as to the design and specifications of these features. These missing specifications include, among other things, grading of the features, inlet and outlet methods, any necessary soils corrections, contributing watershed areas, treatment volume, infiltration rates, planting schedule, and an operations and maintenance program. In the absence of these it is not possible to determine if they are meeting Todd Gerhardt Hummingbird Heights — Planning Case 2014-02 January 27, 2014 Page 5 the requirements of either NPDES permit or the MCWD rules or if they are sized and located appropriately for the intended goal. In addition, without this information, the storm water management fee credit cannot be calculated. The applicant must provide this information. It may be that this information has been provided to Minnehaba Creek Watershed District as staff has communicated with the consulting engineer that the development would need to meet the district requirements. Even if this is the case, the information must still be made available to the City for review, comment and use. With all subdivisions, storm water utility connection fees are collected. These fees are based upon development type and area. Fees are divided into water quality and water quantity and are used to maintain storm sewer infrastructure and to construct water quality improvement projects. For Hummingbird Heights the stormwater utility fee due at final plat is $12,102.42. These fees were calculated by the following method: Base per acre rate Area in acres Total WATER QUALITY $2,990.00 1.667 $4,984.33 WATER QUANTITY $4,270.00 1.667 $7,118.09 SUBTOTAL SWMP FEES $12,102.42 Table 1. Storm Water Connection Fees without Easement Bluff areas have always been used in calculations as the presence of a bluff does not preclude the removal of vegetation or the alteration of topography, but merely stipulates the conditions under which this may occur. However, the preservation of forested areas is a proven mitigation measure for urbanization as it provides significant abstraction. For this reason, the placement of protections over these areas is considered a stormwater best management practice by industry standards and is recognized and given credit by multiple agencies including Carver County, the Minnehaha Creek Watershed District, and the Minimal Impact Design Standards which were developed by a diverse working group consisting of representatives of state and local agencies, development groups and consultant groups. For the reasons stated above, the applicant is proposing to place the bluff area in a preservation easement. This preservation easement shall restrict, for the duration of the easement, the removal of any non-invasive vegetation and shall not allow for grading except as is necessary to correct demonstrable erosive conditions provided a plan is developed by a licensed civil or soils engineer or a licensed geologist or soil scientist. By protecting these areas, the Storm Water connection fees would be reduced as shown in Table 2 below. Table 2. Storm Water Connection Fees with Easement Base per acre rate Area in acres Total WATER QUALITY $2,990.00 0.735 $2,197.65 WATER QUANTITY $4,270.00 0.735 $3,138.45 SUBTOTAL SWMP FEES $5,336.10 Table 2. Storm Water Connection Fees with Easement Todd Gerhardt Hummingbird Heights — Planning Case 2014-02 January 27, 2014 Page 6 In the event that this easement is ever vacated, stormwater utility connection charges shall be collected for the area at the current rate at the time of the vacation. Further, appropriate stormwater management practices shall be designed and constructed. It is often possible that the preservation of open space in a natural condition significantly reduces, or even eliminates, the need for additional stormwater best management practices realizing significant reductions in development costs. The Minnesota Stormwater Manual lists average costs for the activities required to create a pond. Discounting the cost of site preparation, survey costs, storm sewer conveyance and site restoration, the typical pond costs approximately $21.50/yard to construct and approximately $3,500 for an overflow structure. So a one acre-foot pond would cost over $38,000 to excavate and outlet. It is the policy of Chanhassen to provide a credit for Water Quality fees equal to 50% of the base rate time the area treated provided it, at a minimum, meets the National Urban Runoff Program (NURP) recommendations. The modified plan set has moved the generic rain gardens to the backyard area. These rain gardens will only accept drainage from the back roofs of the houses and not from water typically associated with pollutant loading such as driveways, streets and maintained yards. Further, by moving them to the backyard and installing an underdrain, the design will create concentrated flows to the bluff and create a situation where rill and gully formation is likely to occur. The design of the rain gardens only included a generic detail from the 2005 Minnesota Stormwater Manual. This detail calls for the use of between 20% and 30% native top soils. The stormwater management report contends that "Due to the clay soils filtration is the only feasible alternate to infiltration on the site." This is incongruous with the NRCS Soil Survey data which indicates these soils to be moderately well drained. Either the site has soils conducive to infiltration or the site has clay soils which are not conducive to infiltration. The design shall not allow for the use of in situ soil materials within the rain garden and the underdrain shall be fitted with a mechanism that may restrict flow to allow for increased infiltration unless a geotechnical report or infiltration testing using an infiltrometer has been performed confirming that the NRCS soil survey does not accurately reflect existing soils conditions. As no specific designs were provided for the treatment areas, and no water quality modeling was provided, it is not possible to determine what level of treatment has been provided. As such no credit has been applied as it is not possible to determine the actual area treated or the efficacy of the treatment design. Provided they comply with the stormwater requirements of Minnehaha Creek Watershed District, avoid creating concentrated flow discharge points to the bluff area, and maximize the treatment potential of the rain gardens, a specific design of the features can be deferred. PARKS & OPEN SPACE The Hummingbird Heights subdivision request for two single lots is subject to a single condition of approval for parks and trails: the payment of park dedication fees at the rate in force upon final plat approval for the two lots. At today's rate, the payment of a total of $11,600 in park 0 Todd Gerhardt Hummingbird Heights — Planning Case 2014-02 January 27, 2014 Page 7 dedication fees is required. These fees will be deposited in the City's park and trail dedication fund for utilization on future park and trail improvements. COMPLIANCE TABLE Setbacks: Front — 30 feet, Sides —10 feet, Rear— 30 feet, Bluff— 30 feet from top of bluff. Hardcover: 25 percent RECOMMENDATION Staff recommends approval of the metes and bounds subdivision creating two lots subject to the following conditions: Buildin¢: 1. Appropriate permit(s) required for the demolition or moving of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before building permits can be issued. 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 4. Each lot must be provided with separate sewer and water services. Engineerine: 1. A $10,000 security must be provided to ensure that the street is restored following the installation of sewer and water services to Lot 2. The security can be released when the City determines that the patch is in good condition after one freeze -thaw cycle. 2. Sewer and water hookup charges are due for both parcels, a portion of which shall be collected with the subdivision: Water: 2 units x $1,886/unit = $3,772 Sewer: 2 units x $664/unit = $1,328 The remainder of the water and sewer hookup fees shall be paid with the building permit at the rate in effect at that time. Area (sq- ft.) Width ft. Depth ft.) Notes Code 15,000 90 125 Parcel 1 35,591 90 395 Bluff in rear yard Parcel 2 37,018 90 408 Bluff in rear yard Total 72,609 1.67 acres Setbacks: Front — 30 feet, Sides —10 feet, Rear— 30 feet, Bluff— 30 feet from top of bluff. Hardcover: 25 percent RECOMMENDATION Staff recommends approval of the metes and bounds subdivision creating two lots subject to the following conditions: Buildin¢: 1. Appropriate permit(s) required for the demolition or moving of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before building permits can be issued. 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 4. Each lot must be provided with separate sewer and water services. Engineerine: 1. A $10,000 security must be provided to ensure that the street is restored following the installation of sewer and water services to Lot 2. The security can be released when the City determines that the patch is in good condition after one freeze -thaw cycle. 2. Sewer and water hookup charges are due for both parcels, a portion of which shall be collected with the subdivision: Water: 2 units x $1,886/unit = $3,772 Sewer: 2 units x $664/unit = $1,328 The remainder of the water and sewer hookup fees shall be paid with the building permit at the rate in effect at that time. 0 0 Todd Gerhardt Hummingbird Heights — Planning Case 2014-02 January 27, 2014 Page 8 3. The City Attorney shall draft and the developer shall execute a "Grant of Permanent Easement for Public Drainage and Utility Purposes" document. This document shall be recorded with the metes and bounds subdivision. 4. The City Attorney shall draft and the developer shall execute a "Preservation Easement" document. This easement shall restrict the removal of vegetation to allow for only the removal of invasive vegetation or noxious weeds and only after the removal has been reviewed and approved by the City. The document shall also forbid any topographic alterations or placement of fill materials except as is necessary to correct demonstrable erosive conditions provided a plan is developed by a licensed civil or soils engineer or a licensed geologist or soil scientist. In the event this easement is vacated, Storm Water Management Fees, as listed in Section 4-30 (c) 3 of the City Code, shall be due for the vacated area at that time. This document shall be recorded with the metes and bounds subdivision. 5. Stone Water Utility connection fees totaling $5,336.10 shall be collected with the subdivision. 6. A plan showing the design of the rain garden features along with details and specifications shall be provided for review and approval. 7. The proposed location of the rain gardens shall be moved such that it treats water from the driveway and/or road area and so that there is not a concentrated flow condition to the bluff area. 8. The applicant must provide a letter from Minnehaha Creek Watershed District stating that the development is in compliance with their stormwater management and erosion control rules. 9. An operations and maintenance manual describing the schedule for anticipated inspections and maintenance of the rain garden areas and indicating who is responsible for the long-term care and maintenance of the features unless included with MCWD submittal and approval. 10. A $5,000 security must be provided to ensure that the rain garden features are constructed on lots 1 and 2. The security can be released when the City confirms that they have been constructed per design and have adequately performed through one full growing season. 11. A Surface Water Pollution Prevention Plan (SWPPP) meeting the requirements of the NPDES construction permit shall be provided for review and comment. 12. The applicant shall provide proof that the NPDES permit has been applied for and received from the MPCA. This can be in the form of the permit number. 13. All erosion prevention and sediment control shall be installed prior to any earth -disturbing activities. The city shall be contacted to inspect that this condition has been met. 14. All applicable details shall be included in the plan set and shall be specific to the proposed improvements. Todd Gerhardt Hummingbird Heights — Planning Case 2014-02 January 27, 2014 Page 9 15. The detail for the bioretention facility shall be modified such that it does not include in situ soils materials. 16. The underdrain shall be fitted with a mechanism to restrict flow to the outlet. A geotechnical report or percolation testing report indicating that the area is not conducive to infiltration as described in the MN Online Stormwater Manual can be submitted in lieu of this. 17. Silt fence or other perimeter controls shall be installed to protect the rain garden areas from all construction -related activities and shall be placed as far from the top of bluff as is reasonable to allow adequate room for construction equipment yet protecting the bluff. 18. The plans should call out for all infiltration/filtration areas that they are to be protected from all construction related activities throughout the duration of the project. Park and Recreation: 1. The developer shall pay park dedication fees at the rate in force upon final plat approval for the two lots prior to recording the property deeds. Planning: 1. Deeds for the two parcels shall be submitted to the city for review and approval and then recorded at Carver County. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Reduced Copy Metes and Bounds Subdivision Cover Sheet. 4. Reduced Copy Existing Conditions Plan. 5. Reduced Copy Preliminary Plat Metes and Bounds Subdivision. 6. Reduced Copy Preliminary Utility and Grading Plan. 7. Reduced Copy Preliminary Tree Preservation Plan. 8. Letter from Thomas J. Radio to City of Shorewood. 9. Reduced Copy of Replat of Lots 17 and 18, Murray Hill. 10. Reduced Copy of Gallagher Addition. 11. Reduced Copy of Evelyn Lohr Addition. 12. Public Hearing Notice and Mailing List. g:\plan\2014 planning cases\2014-02 hunnningbitd heights metes & bounds\staff repomdoc • 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION Application of Homestead Partners, LLC and Donald B. Rix for Subdivision approval. On January 27, 2014 the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Homestead Partners, LLC and Donald B. Rix for a metes and bounds subdivision approval to create two lots. The City Council conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The City Council heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District, RSF. 2. The property is guided in the Land Use Plan for Residential Low Density uses. 3. The legal description of the property is: Lot 6, "Murray Hill" and that tract of land in the Northwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, described as follows: Beginning at the Northwest comer of the Northeast Quarter of said Section 3; thence East 12 rods and 19 links; thence South 9-1/2 degrees East to the point of intersection with the South line of Lot 6, "Murray Hill" if extended; thence West to the Southeast comer of Lot 6, "Murray Hill"; thence North along the East line of Lot 6 to the point of beginning. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city s comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; 0 • d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this subdivision ordinance; e. The proposed subdivision will not cause environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. 5. The planning report #2014-02 dated January 27, 2014, prepared by Robert Generous, et al, is incorporated herein. The City Council approves the metes and bounds subdivision creating two lots. ADOPTED by the Chanhassen City Council this 27`s day of January, 2014. CHANHASSEN CITY COUNCIL Mayor 2 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 -I - CITY OF CHANNSEN APPLICATION FOR DEVELOPMENT REVIEW Date Filed: 1 a _ 30 'l 60 -Day Review Deadline:. --o29i t Y Planner. All Others ......................................................... $425 ❑ Grading >_ 1,000 cubic yards ........................... UBC ❑ Rezoning •n-1: Application• -apply) ❑ Planned Unit Development (PUD) .................. ❑ Comprehensive Plan Amendment $600 ❑ Subdivision . $100 ......................... ❑ Minor MUSA line for failing on-site sewers..... $100 ❑ Create 3 lots or less ........................................ $300 Plan Review ................................................... $150 ❑ ❑ Create over 3 lots ....................... $600 + $15 per lot ❑ Conditional Use Permit $100 21 Metes & Bounds .........................$300 + $50 per lot ❑ Single -Family Residence $325 ❑ Consolidate Lots .............................................. $150 ................................ ❑ All Others $425 ❑ Lot Line Adjustment......................................... $150 ......................................................... ❑ ❑ Final Plat*........................................................$250 El Interim Use Permit Interim additional $450 escrow for attorney costs. Escrow will be required for other applications through the ❑ In conjunction with Single -Family Residence.. $325 development contract. ADDITIONAL REQUIRED FEES: (] Notification Sign ................................................... $200 (City to install and remove) Property Owners' List within 500' ........ $3 per address M (City to generate — fee determined at pre -application meeting) Escrow for Recording Documents.. $50 per docu ent (CUP/SPRNACNARNJAP/Metes & Bounds Subdivision k7(% ❑ Vacation of Easements/Right-of-way................... $300 (Additional recording fees may apply) ❑ Variance............................................................... $200 ❑ Wetland Alteration Permit ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) TOTAL FEES:$ 955 Received from: Date Received: Check Number. Project Name: Hummingbird Heights Property Address or Location: 6221 Hummingbird Rd Parcel #: 255450020 Legal Description: Total Acreage: 1.710 Wetlands Present? ❑ Yes ® No Present Zoning: RSF - Single Family Requested Zoning: same Present Land Use Designation: Low Density Residential Requested Land Use Designation: same Existing Use of Property: vacant lot Description of Proposal: Parcel split into two single family homes ❑ Check box if separate narrative is attached CC/INNED ❑ All Others ......................................................... $425 ❑ Grading >_ 1,000 cubic yards ........................... UBC ❑ Rezoning ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD... .... ....... . $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review ❑ Administrative.................................................. $100 ❑ CommerciaUlndustrialDistricts` ......................$500 Plus $10 per 1,000 square feet of building area Include number of existing employees: and number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit ADDITIONAL REQUIRED FEES: (] Notification Sign ................................................... $200 (City to install and remove) Property Owners' List within 500' ........ $3 per address M (City to generate — fee determined at pre -application meeting) Escrow for Recording Documents.. $50 per docu ent (CUP/SPRNACNARNJAP/Metes & Bounds Subdivision k7(% ❑ Vacation of Easements/Right-of-way................... $300 (Additional recording fees may apply) ❑ Variance............................................................... $200 ❑ Wetland Alteration Permit ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) TOTAL FEES:$ 955 Received from: Date Received: Check Number. Project Name: Hummingbird Heights Property Address or Location: 6221 Hummingbird Rd Parcel #: 255450020 Legal Description: Total Acreage: 1.710 Wetlands Present? ❑ Yes ® No Present Zoning: RSF - Single Family Requested Zoning: same Present Land Use Designation: Low Density Residential Requested Land Use Designation: same Existing Use of Property: vacant lot Description of Proposal: Parcel split into two single family homes ❑ Check box if separate narrative is attached CC/INNED APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Homestead Partners, LLC Contact: Tom Strohm Address: 525 15th Ave S Phone: (952) 294-2113 Cdy/State2ip: Hopkins, MN 55343 Cell: Email: toms@homestead-partners.com Fax: Signature: Date: 12/30/13 PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the speck ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Terra Engineering Contact: Peter Knaeble Address: 6001 Glenwood Ave Phone: (763) 593-9325 City/State/Zip: Minneapolis, MN 55422 Cell: Email: peterknaeble@gmail.com Fax Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ED Applicant Via: ❑� Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: SCANNED December 27, 2013 Don Rix 505 Del Rio Drive Chanhassen, MN 55317 RE: Letter of Authorization To whom it may concern: I, the undersigned, hereby authorize Homestead Partners to act on my behalf in all matters relating to the application for subdivision and/or platting permits for the property at 6221 Hummingbird Road, Chanhassen, MN; including signing of all documents relating to these matters. Any and all acts carried out by Homestead Partners on my behalf shall have the same effect as acts of my own. This authorization is valid until May 31, 2014. Sincerely, IMe , = 52515 th Ave South, Hopkins, MN 1952-949-3630 METES & BOUNDS SUBDIVISION PRELIMINARY PLANS FOR: HUMMINGBIRD HEIGHTS CHANHASSEN, MINNESOTA PREPARED FOR: HOMESTEAD PARTNERS LEGAL DESCRIPTION: Lot 6, "Murray Hilr' and that tract of land in the Nortrraest Quarter of the Northeast Quarter of Section 3, Township 116. Range 23, clew load as follows. Begiming at the Northwest Corer of the NOrtl E st Quaner of sago Section 3. Inerice East 12 rocs and 19 links. therKia South 9-1/2 degrees East to the part of intersection with the South line of Lot 6, 'Nunay Hit' H extended thence West to the Southeast comer of Lot 6 -mwmy Hilt; thence North along East line of Lot 6 to the point beginning.. Torrens Property Toneris Certificate No 33667.0. i-3SilO�• -� br-cGver-L=�, - Numelon. s VegVcrn-d !k Sean. i�.4(E12f-'YR,Sc $ffi fire TVA^ b $LhO.M C� SITE l 'F' LOCA71ON YAP NO SCALE SHEET SHEET INDEX DESCRIPTION 1. COVER SHEET / SHEET INDEX 2. EXISTING CONDITIONS PLAN 3. PRELIM. PLAT/METES & BOUNDS SUBDIVISION 4. PRELIM. UTILITY AND GRADING PLAN 5. PRELIM. TREE PRESERVATION PLAN •N/ NN- rO1LD PJC QW ENGPIMA AND PLAINER APPUICANT TERRA ENGINEERING INC. HOMESTEAD PARTNERS Z 6001 GLENWOOD AVE. 525 15TH AVE. SO. W GOLDEN VALLEY, MN 55422 HOPKINS, MN 55343 _ 763-593-9325 PETER KNAEBLE, P.E 2-949-3630 X 0 Z STEVE BONA peterknaeble09m0il.tam stephen.bonoOgmal.com W LJ = 0 � N Z m C9 N $tlBIEri7@MIET ANn CONSULTANT to Q OEMARS-GABRIEL SURVEYORS G ENVIRONMENTAL SERVICES CO. K6105 LU Z WASHINGTON AVE. SO., /209 26105 WILD ROSE LANE V W Q EDIN 55439 MINUG 55331 W L) _ m 2 DAVID R MARKSHOREWOOD.H DAVID CROOK, RLS MARK Koltun G, PWS X00084 U (A = U ILKtlt Oodsom morkOkjolhauganv.com SITE ADDRESS: 6221 HUMMINGBIRD RD., CHANHASSEN, MN (PIN 255450020) SITE AREA: 1.71 ACRES (74,490 SF) 12/16/13 13-125 I ^ 72p OS I QP MI 43-0 v SOS3.6'__/IOTA\ IlO�' ED STREET ,vTxM1t6 J� O�C9 I w n z —4d- _ rc i O QQe I IDn M23115 SUMMIT AVE. veil ,' N Im rJj LEE zl 411723430015 lal oI j N i 3. i � f I I 4 SHREW❑❑D H PPO R vi I I (HENN. CO,) D:3 1 TAPER HASSEN VER CO,) 6200 HUMMINGBIRD ZUPNIK 255450030 6240 HUMMINGBIRD HASSE 252680010 6260 HUMMIN BIRD FRANZEN 252680020 — — — ----------- EX. GV 5' D6U EASE. zo 6 0l \ I BD' RO o LVe x 35,591 SF P:) I I \ \o \�� 14,500 SF W/U BLUFF Lam] 'E L .. 10', SSB, cTYP.,C/NNJ Z 10' DSU EASE.—- -- CA N j N r..\��\ 72,609 SF �o 00 1.667 AC. CA \ 27,018 SF i IQ 10551 'o•I o \ \ \ Ic o \\ \\ \\ 17,500 SF W/O BLUFF I N n \ I 16 EK NTD GvL —_ — i- I— 5 MU EASE. — — — — — — — — L 1 I 1 I 413.69 6231 HUMMINGBIRD ( (\ LIEDTKE \ \ 252850010 \ T z x RIM 910.00 SHOT 1-111 = EX. HYD 972.00 SHOT CHANHASSEN 70NED R F -SIN, E FAM. Veo ii 15,000 SF LOT MIN. r 90' MIN. FRONTAGE AT ROW I < 125' MIN. LOT DEPTH (135' ON DOUBLE FRONTAGE LOTS) d .n m d 30' FRONT SETBACK m m m 30' REAR SETBACK 10' SIDE SETBACK O_ ' MAX. HEIGHT 35' o N MAX. IMPERVIOUS IS 25% PER LOT O'CONNER DRIVEWAYS, MAX. 10% 6 MIN. 0.57 ,A = m 30' STRUCTURE/IMPERV, SETBACK FROM 'TOP OF BLUFF' o Z NO GRADING/TREE REMOVAL W/I 20' "BLUFF IMPACT ZONE' m vO1i 'BLUFF IMPACT ZONE' IS 20' FROM 'TOP OF BLUFF' Z N N D l7 a.Z RW C a x� W 6160 MURRA' IN E 0:M EX Lj 66, R W REAGAN 3411723430BE WETL. z�T is S fA R Z w 0 w 60 W 6180 MURRAY CT. K = x BATESGN 3411723430030 pCGp PJC — — — ----------- EX. GV 5' D6U EASE. zo 6 0l \ I BD' RO o LVe x 35,591 SF P:) I I \ \o \�� 14,500 SF W/U BLUFF Lam] 'E L .. 10', SSB, cTYP.,C/NNJ Z 10' DSU EASE.—- -- CA N j N r..\��\ 72,609 SF �o 00 1.667 AC. CA \ 27,018 SF i IQ 10551 'o•I o \ \ \ Ic o \\ \\ \\ 17,500 SF W/O BLUFF I N n \ I 16 EK NTD GvL —_ — i- I— 5 MU EASE. — — — — — — — — L 1 I 1 I 413.69 6231 HUMMINGBIRD ( (\ LIEDTKE \ \ 252850010 \ T Z z x RIM 910.00 SHOT 1-111 = EX. HYD 972.00 SHOT ETNH .e Z z x ama Veo ii y I d d O_ C-1 13 6261 GALPIN BLVD. N O'CONNER ,A 250031500 Z N N l7 a.Z RW a x� IN E 0:M EX Lj DD z�T is S fA R Z w 0 w 60 W K = x SCAU: IN FEET d � x o q LEf� � 0 B-5 - - - - - - - DENOTES 5 L BORING DENOTESSLT FENCE/fWt G UNIT art 12/16/13 DENOTES EXISTING CONTOURS —1056— OEHOTES PROPOSED CON n nmcrr n >- DENOTES STDRM OWER DENOTES S TMY SEWER 13-125 IMS OEHOTES RATEAYMI x105s23 DENOTES ENSTMG SPOT EIEWATQN R¢, X 1056.0 OENDTES PROPOSED SPOT ELEVATION EOP-.t0WO DENOTES EYER(aICY DVcWLDW EIEVATroN 3 PJB (Da SUMMIT AVE. SHREW❑❑D (HENN, CO.) HASSEN VER CO.) 6200 HUMMINGBIRD ZUPNIK 255450030 6240 HUMMINGBIRD HASSE 252680010 6260 HUMMIN BIRD FRANZEN 252680020 W f E 1 20 d' 80' 20 j RDVR V V 40O vI0 ��P�o O pO ON O O O e-pO e� O O O p CO� O p O O O 'hQJ� ° o - pdp o ° (� 185 TREES O 0 OQ IwON-SITE �O o O On 8 0 ° 2 p O O'er �� O O O �J I y o d r^ _ o ooh a (yep < o 2 (]r, OZ �O Z 7� T' O IT O I wp C rI p, O� O O 0 Nei, 4� I o 0 0 - - - - ate°- O�e� ,OBJ O O I ° O fid, o /1 p O p I I '2P I o'e 0 0 0 0 0 I I I o 01 0 0 �( o 0.400 0 0 225.34 I I 1 °P a ,'� 'eo .,p O,b'--------- X11 89.34 164.00 O + II P 1 0 No � °' �' � yd�l \ho llo \\♦ � I o % I I q,�f.+.\e�� \T- 11 O`o, qJ wl O, \ �I2w 1 6231 HUMMINGBIRD LIEDTKE 252850010 413.69 \ 1 72,609 SF 1.667 AC. NO WETLANDS ON SITE PER KJOLHAUG ENVIRONMENTAL SERVICES CO. (10-2013). D TREE CALCULATIONS (ALT, TOTAL SITE AREA 1.67 AC. OEN0IES SLT FENCE/OIUDNG LAT BLVD. AREA 0.14 AC. DENOTES PROPOSED CONTOIR6 NON -BLUFF AREA 0.87 AC. DENOTES SAWTARY SEWER � �W (INCL. BLVD. AREA) X10M 23 DENOTES E)RS1wG SPOT ELEVATION x 1056.0 NON -BLUFF TREE CANOPY AREA 016 OENOIES O1ER44lCY OVERFLOW ELEVAR Z7 (INCL. BLVD. AREA) ci (='BASE LINE CANOPY COVERAGE) MIN. CANOPY COVERAGE REOD. 0.40 AC. (46%) PROP. CANOPY COVERAGE 0.36 AC. (41%) (TO GRADING LIMIT SHOWN) 66' R ADDITIONAL TREE CANOPY READ. 0.04 AC. (1742 SF) AT 1089 SF CANOPY/TREE = 2 ADD. TREES REOD. EACH LOT SHALL HAVE A MIN OF ONE 2.5' DECIDUOUS TREE OR ONE 8' HIGH CONIFER TREE IN THE FRONT YARD (BY BUILDER). VERIFY SIZE, SPECIES AND LOCATON WITH CITY PRIOR O TO INSTALLATION. 8 N E. 0 o ° o D ? --1 H F Z ?r N A tj 03 — N O 03 A - N J 6 r ROV w E S w 0 w SO SLUE w FEET 0-�B`5 DENOTES SOIL BMNG - - - - - - - OEN0IES SLT FENCE/OIUDNG LAT DENOTES EA MG CONTOORS )p55— DENOTES PROPOSED CONTOIR6 DENOTES STORY SEWER DENOTES SAWTARY SEWER � �W DENOTES WAATERYUN X10M 23 DENOTES E)RS1wG SPOT ELEVATION x 1056.0 DENOTES PROPOSED SPOT E ATIDN EW♦INU OENOIES O1ER44lCY OVERFLOW ELEVAR 81 E Z a O F Or V) W X IL w Lu W 0- a Y 1 12/16/13 13-125 5 0 • BEST & "NAG AN LLP 225 South Sixth Street. Suite 4000 Minneapolis, Minnesota 55402 TEE612.339.7121 FAx612.339.5897 BESTIAWCOM BEST & FLANAGAN January 13, 2014 Via email: citvhall(cDci.shorewood.mn.us Mayor and Councilmembers City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Summit Woods P.U.D. Concept Plan Application Dear Mayor and Councilmembers: This firm has been retained by a group of Murray Hill neighbors to advise them on the legal and technical issues created by the application for the concept plan for Summit Woods P.U.D. The neighbors and other affected citizens are concerned that the decision to proceed has been made in haste and the motion should be reconsidered by the Council at its meeting on January 13, 2014. By way of background, I have practiced in the areas of municipal and land use law for over 30 years. During that time, I have represented private owners seeking land use approvals, as well as serving as the city attorney for the cities of Minnetrista (18 years), Orono (2 years), and Afton (7 years). Since I have only recently been retained and have not attended any of the meetings concerning this application, I reserve the right to supplement these comments after a more complete review of the city file and applicable zoning codes. However, based upon my review of the file so far, the following issues need to be more fully addressed and resolved. SUMMIT AVENUE SAFETY From the outset, I believe there are concerns about the impact on Summit Avenue from the proposed development. Persuasive evidence has been produced showing that the current conditions can present significant safety concerns. Adding four homes will only exacerbate that situation to an unacceptable level of danger and threat to public safety. Something will have to be done to address this situation. Yet, the applicant has dismissed the impact of its development on this important issue. This indifference strongly suggests that the developer is not willing to correct this situation. Because the city will need to require the improvement of this road due to this development, the developer must be required to pay for those costs. An 0 0 agreement with the developer on this point should be reached before it and the City invest any more time or money on these planning efforts. Delaying this conversation until after approval of the P.U.D. concept plan could give the developer an argument that such a condition is not warranted or legally required. Why give the developer that negotiating leverage? SUMMIT AVENUEIHUMMINGBIRD ROAD MAINTENANCE COSTS Another critical issue to be resolved prior to approval of the concept plan is the responsibility for maintenance of Summit Avenue and Hummingbird Road. The use of both roads by construction -related traffic will significantly degrade both roads. The additional traffic from the residences will also have an impact. It appears that Hummingbird Road is currently at its maximum capacity and this additional traffic will significantly burden the road, increasing both maintenance and replacement costs and danger to the public. Without an agreement in place, that cost will fall upon the cities of Shorewood and Chanhassen, which each have vastly different assessment policies. Once the developer has sold off the lots, the developer will have no on-going responsibility for maintenance. Once again, why not have that discussion now to clearly identify the developer's willingness to incur this responsibility that is being directly caused by its development? Once the concept P.U.D. is approved and the developer begins investing in preliminary plat planning, that becomes a more difficult conversation. The city should have that difficult conversation now rather than later. P.U.D CONCEPT STATE DEVELOPMENT The two road issues just discussed are examples of the type of more specific and pointed discussions that should take place before the P.U.D. concept plan is approved. There are certainly other issues concerning storm water run-off, steep slope management, and tree loss that need to have a deeper exploration. My experience is that the sooner those difficult discussions occur and the more candid they are about the eventual intentions of both the city and the developer, the clearer the understanding and the less the likelihood of an uncomfortable dispute later on. If the city does not clearly articulate its expectations as to design and cost responsibilities early on in the process, the developer inevitability will argue that it has spent thousands of dollars in design based upon its understanding of the city goals and objectives. Then, either the city compromises on its standards or the developer sues the city. However, if these conversations are held early on, both parties can act accordingly, before substantial sums are invested in a futile effort. The developer has threatened the city that if the P.U.D. concept plan is denied, it will simply proceed with a standard subdivision with more lots and a great loss of trees. Whether the developer would or could do such a plan can only be known after such an application has been submitted and properly studied. The city should not allow such tactics to be used to intimidate it into making a rushed and unwise decision. This comment does reflect, however, the attitude of the developer that could appear in subsequent negotiations: either my way or an even less attractive alternative. NEED TO LOOK AT THE BROADER IMPACT The north lot of the Rix property that was originally part of the P.U.D. application and the possible two lots in Chanhassen on the adjoining land should also be included in an analysis of the application. These lots will certainly be developed and their impact needs to be addressed. Your subdivision and zoning codes certainly allow and may even require such an analysis. The developer should not control the review process by picking and choosing arbitrarily what is in the plan. CONSULTATION WITH CHANHASSEN AND ITS CITIZENS Because of its location on the city's border with Chanhassen, and the potential development of lots in Chanhassen on adjoining property, this development will certainly impact property and neighbors in Chanhassen. The impact on Hummingbird Road will directly impact a street maintained by Chanhassen. It is unclear from my limited review of the record what communication has been had with Chanhassen planning or public works on this issue. In the spirit of municipal cooperation, this is a conversation that should occur, but apparently has not happened. CONCLUSION By my comments, I do not mean to second-guess or judge harshly the work of the Shorewood staff or your own deliberations. Unfortunately, the state law on land use decisions can sometimes result in a rush to judgment on issues that are irreversible once they are made. You have sufficient grounds for denial. Your adjoining city of Chanhassen should be invited to participate and provide input. If the developer is serious about building a quality development that will enhance the neighborhood, it will be back with a better plan. I have copied your attorney on this letter so that he is aware of this communication. I have also copied the Mayor and Councilmembers of Chanhassen to advise them of our concerns. �Very�trul yours, Thomas`J-Radio Altomey DIRECT 612.349.5660 tradiaa-bestlaw.com c: Mayor and City Councilmembers of Chanhassen Timothy J. Keane, via tim keane(cDmgmllp.com REPLAT OF LOTS 17AND 18 MURRAY HILL AAV. ALL HA YY 111.. E'.iId1T01 T.A RLIA 8. CeanOnoY, Olvoppeo not non —,".0 no 0.... J. Cwna—A Je. on8 HIIJ." CrvnbrooR, nuebun4 And rlfv, M1e -- And Nn—' 0. "N" ted Jou, A. PWBu, Rattand ... word,a0nteoat WnA... I. of tea fotlovin6 d+eo.laao yrvpenY nitWte In A. OAcaa, of a.—r. 111.. o! ..a...- wa- a- LoAt 17 and 10 of WXAAY HILL, [voardlnX [o [ a dop e+ ".a 'Ad.r do file A. at nada to an. .1 pl III. canal, 11-ardtY. Xan paaeN own earn an w --*"d -4 plattod a IIEFLAT Of W!J 11 ANO 11 KDON11 HILL And ae loyal'donate and ""I"*An tAa p,III. fvr Walla Yae fvnvw AN, narnte for utility sondralnaae parroaee ad elwm on thin plut. In .;rove. rid id Rutn f. Ormbrock, dime. not now rmniad and OnrP J. Crano—a Jr. Aad Kir'-1 Cranal: nuroand and niter end Xe.�rnyl I. BBRun a`nd- 1ps11 R. LR{un, Mabm and rile, npva M1araunep �J [nelr no"'Elato�,;��daY a1— 1978. raa 'T�/l=7'C�P�. rval 0, 0 av JVJo A�l XIAT1 or Al X CWNTr 0,,&%&& r 1.. Carnation fnRwm[ ve Avnn..I.Ied vol.l.ue [eve f 4f jot of jAcININI 1979 by Aarvel c. EHAua aM J. A. X04u, .-ad and .1.. 1•�a ,I��1�n pvtory p+tlfd,lo,ypAylio ty, MA. ^ v0-Mtl n`.n,nwenn,.:n an Omeldetvn uplrc rt/Ilrfs evoty. an" Or XIRI ]90IA CWIITf O,11M. . TAe foraXolnR fnatwmt winevnnvul Wl[aJ valor an Ihl. Acl v1 1978 by Ruth A. dwbrood, dlnro. rpt nn raunlM, and Oaorda J• CronarovY Jn and XnrJvey c.—I, ..no.. no allyy xo an wbua worn Xr cantl.apa spin +�/�I/tr r hereby a.rtifY tont l nave dar.eydd a. platted Enn pronrty d..arlbed on thin pmt a. nsPlaT 9r m's v .XO 18 ... HI" . thin pYt le A dvrewt re prevantatlon o! sold .aroyl 6can all ..a..... an vvmactly .rpm m 1. plat In I-, ., ndndro.Aa of A faaq to"'" nonanm+ A... been carnally platin in the Aroa. an On— on .,Id plat; that in. world. a—., lira. m ."awn., d.tlR.mta.. en .afd plat .nd tMn .re no vet 1.0. or punlvv 110-1- to n amigo". an este pt ande9sarrayar nATI Or NIIH.IA ` eon SYNTY 0r 91. Tho lorede4y Lwwrawat rv. aelwatedddd aafon a thin �A .Jay Of 'A1971 by Ranald A. gran Load sarveyor. .... ••( �/(I2 W 2g �,^.'................_.....`.. No. Wbilm I aaCE aan LT,IT-EiAEn: b daeetnlo...p1rn CHAAH1.3m, XIN..,. I Thin plot Of AR'. W IAl'9 17 AND 18 ..If HILL ...,pond 4. ua.pled by An. Ott, Cvunvil of CMM...... m.c.dow, a[ . .,A., xetlnR M.nof I.I. tnte%LdA1 afAykA;L_1970. CITY IIX P C11AXN�JJAX, Mt%X E.qI A. nYvr punlunt to Chapur 999. ASnn..ots 4w of 1971, tMa plat neo been approved only Any at .978. caner Cppay moral _. a r 1 I? -� anda no ..JdpvN.oa snaaHaurs wwN _ __ GRAPHIC SCAL.EIN Faum I Nc. f 7 ,u o wad FW �. i o 8i d L� MINNC6OTA ReorslruT;dA No. 10183 6NeWN SNAR1NEa SNEWN'Rat Aaay.N0 a aJ 3Y � xc.X•,y --JaT —4�O— 1f 1 � rpp a2itis*_______—____ 1111].. II II r -- I 8 �8i I g ig'i 2 I 8 r 1 _ I I 1 I I I j I 1wa— nn '^ 1 n•amNNuwYV N11A R AAV. ALL HA YY 111.. E'.iId1T01 T.A RLIA 8. CeanOnoY, Olvoppeo not non —,".0 no 0.... J. Cwna—A Je. on8 HIIJ." CrvnbrooR, nuebun4 And rlfv, M1e -- And Nn—' 0. "N" ted Jou, A. PWBu, Rattand ... word,a0nteoat WnA... I. of tea fotlovin6 d+eo.laao yrvpenY nitWte In A. OAcaa, of a.—r. 111.. o! ..a...- wa- a- LoAt 17 and 10 of WXAAY HILL, [voardlnX [o [ a dop e+ ".a 'Ad.r do file A. at nada to an. .1 pl III. canal, 11-ardtY. Xan paaeN own earn an w --*"d -4 plattod a IIEFLAT Of W!J 11 ANO 11 KDON11 HILL And ae loyal'donate and ""I"*An tAa p,III. fvr Walla Yae fvnvw AN, narnte for utility sondralnaae parroaee ad elwm on thin plut. In .;rove. rid id Rutn f. Ormbrock, dime. not now rmniad and OnrP J. Crano—a Jr. Aad Kir'-1 Cranal: nuroand and niter end Xe.�rnyl I. BBRun a`nd- 1ps11 R. LR{un, Mabm and rile, npva M1araunep �J [nelr no"'Elato�,;��daY a1— 1978. raa 'T�/l=7'C�P�. rval 0, 0 av JVJo A�l XIAT1 or Al X CWNTr 0,,&%&& r 1.. Carnation fnRwm[ ve Avnn..I.Ied vol.l.ue [eve f 4f jot of jAcININI 1979 by Aarvel c. EHAua aM J. A. X04u, .-ad and .1.. 1•�a ,I��1�n pvtory p+tlfd,lo,ypAylio ty, MA. ^ v0-Mtl n`.n,nwenn,.:n an Omeldetvn uplrc rt/Ilrfs evoty. an" Or XIRI ]90IA CWIITf O,11M. . TAe foraXolnR fnatwmt winevnnvul Wl[aJ valor an Ihl. Acl v1 1978 by Ruth A. dwbrood, dlnro. rpt nn raunlM, and Oaorda J• CronarovY Jn and XnrJvey c.—I, ..no.. no allyy xo an wbua worn Xr cantl.apa spin +�/�I/tr r hereby a.rtifY tont l nave dar.eydd a. platted Enn pronrty d..arlbed on thin pmt a. nsPlaT 9r m's v .XO 18 ... HI" . thin pYt le A dvrewt re prevantatlon o! sold .aroyl 6can all ..a..... an vvmactly .rpm m 1. plat In I-, ., ndndro.Aa of A faaq to"'" nonanm+ A... been carnally platin in the Aroa. an On— on .,Id plat; that in. world. a—., lira. m ."awn., d.tlR.mta.. en .afd plat .nd tMn .re no vet 1.0. or punlvv 110-1- to n amigo". an este pt ande9sarrayar nATI Or NIIH.IA ` eon SYNTY 0r 91. Tho lorede4y Lwwrawat rv. aelwatedddd aafon a thin �A .Jay Of 'A1971 by Ranald A. gran Load sarveyor. .... ••( �/(I2 W 2g �,^.'................_.....`.. No. Wbilm I aaCE aan LT,IT-EiAEn: b daeetnlo...p1rn CHAAH1.3m, XIN..,. I Thin plot Of AR'. W IAl'9 17 AND 18 ..If HILL ...,pond 4. ua.pled by An. Ott, Cvunvil of CMM...... m.c.dow, a[ . .,A., xetlnR M.nof I.I. tnte%LdA1 afAykA;L_1970. CITY IIX P C11AXN�JJAX, Mt%X E.qI A. nYvr punlunt to Chapur 999. ASnn..ots 4w of 1971, tMa plat neo been approved only Any at .978. caner Cppay moral _. a u4 I? -� anda no ..JdpvN.oa snaaHaurs wwN _ __ GRAPHIC SCAL.EIN Faum --- 1 f 7 ,u o wad FW �. eDEN0T'C6IRI0H M0NUM[ffT MgRHC0 BY T ,HAdda" ..IN.INE IOL Ca A" Ina e� MINNC6OTA ReorslruT;dA No. 10183 6NeWN SNAR1NEa SNEWN'Rat Aaay.N0 VALLev ENe.Co. INC. AAV. ALL HA YY 111.. E'.iId1T01 T.A RLIA 8. CeanOnoY, Olvoppeo not non —,".0 no 0.... J. Cwna—A Je. on8 HIIJ." CrvnbrooR, nuebun4 And rlfv, M1e -- And Nn—' 0. "N" ted Jou, A. PWBu, Rattand ... word,a0nteoat WnA... I. of tea fotlovin6 d+eo.laao yrvpenY nitWte In A. OAcaa, of a.—r. 111.. o! ..a...- wa- a- LoAt 17 and 10 of WXAAY HILL, [voardlnX [o [ a dop e+ ".a 'Ad.r do file A. at nada to an. .1 pl III. canal, 11-ardtY. Xan paaeN own earn an w --*"d -4 plattod a IIEFLAT Of W!J 11 ANO 11 KDON11 HILL And ae loyal'donate and ""I"*An tAa p,III. fvr Walla Yae fvnvw AN, narnte for utility sondralnaae parroaee ad elwm on thin plut. In .;rove. rid id Rutn f. Ormbrock, dime. not now rmniad and OnrP J. Crano—a Jr. Aad Kir'-1 Cranal: nuroand and niter end Xe.�rnyl I. BBRun a`nd- 1ps11 R. LR{un, Mabm and rile, npva M1araunep �J [nelr no"'Elato�,;��daY a1— 1978. raa 'T�/l=7'C�P�. rval 0, 0 av JVJo A�l XIAT1 or Al X CWNTr 0,,&%&& r 1.. Carnation fnRwm[ ve Avnn..I.Ied vol.l.ue [eve f 4f jot of jAcININI 1979 by Aarvel c. EHAua aM J. A. X04u, .-ad and .1.. 1•�a ,I��1�n pvtory p+tlfd,lo,ypAylio ty, MA. ^ v0-Mtl n`.n,nwenn,.:n an Omeldetvn uplrc rt/Ilrfs evoty. an" Or XIRI ]90IA CWIITf O,11M. . TAe foraXolnR fnatwmt winevnnvul Wl[aJ valor an Ihl. Acl v1 1978 by Ruth A. dwbrood, dlnro. rpt nn raunlM, and Oaorda J• CronarovY Jn and XnrJvey c.—I, ..no.. no allyy xo an wbua worn Xr cantl.apa spin +�/�I/tr r hereby a.rtifY tont l nave dar.eydd a. platted Enn pronrty d..arlbed on thin pmt a. nsPlaT 9r m's v .XO 18 ... HI" . thin pYt le A dvrewt re prevantatlon o! sold .aroyl 6can all ..a..... an vvmactly .rpm m 1. plat In I-, ., ndndro.Aa of A faaq to"'" nonanm+ A... been carnally platin in the Aroa. an On— on .,Id plat; that in. world. a—., lira. m ."awn., d.tlR.mta.. en .afd plat .nd tMn .re no vet 1.0. or punlvv 110-1- to n amigo". an este pt ande9sarrayar nATI Or NIIH.IA ` eon SYNTY 0r 91. Tho lorede4y Lwwrawat rv. aelwatedddd aafon a thin �A .Jay Of 'A1971 by Ranald A. gran Load sarveyor. .... ••( �/(I2 W 2g �,^.'................_.....`.. No. Wbilm I aaCE aan LT,IT-EiAEn: b daeetnlo...p1rn CHAAH1.3m, XIN..,. I Thin plot Of AR'. W IAl'9 17 AND 18 ..If HILL ...,pond 4. ua.pled by An. Ott, Cvunvil of CMM...... m.c.dow, a[ . .,A., xetlnR M.nof I.I. tnte%LdA1 afAykA;L_1970. CITY IIX P C11AXN�JJAX, Mt%X E.qI A. nYvr punlunt to Chapur 999. ASnn..ots 4w of 1971, tMa plat neo been approved only Any at .978. caner Cppay moral _. a 9�T.5m .pR rc SECT �es y aE u4 O� � 8 Q '0 8 �• � g AmL�£Eu Es gc g F+` k y~j EV aFLcY~�c-'i' Bc g �t F � E am '1• 7 WV y♦I � � wv Q `—� it Ob* Ory LII ym- m=• \ „ q z W7 Z i �•\ f t Q Z II- Y •. �� 4 ;; , 1 x� vi -- Ila ^ O = (D ,5x Qow w� Qc� "`�°a : 02ilS9ILti64nH e i I Araanw i i�iN Araanw 91 aNv ci uci ao itndr�a CO II zi 9 Y . I J Z , - : is 1 S S - SII' IS IQ ii sS6 J 2:b 'g3: +:s I .Yo .4 iii b$' ' : irii r i �ggt a E x E Y e r•/!': I m a=syJ: =il. �f�!'�C7:�%�7'� o�� dfr z•m Z i8:ESN1YirMH uj a P W naa:om s•mr i € 8 s. I F I sme2 R � W I II ?I - a S s P 3 Z 0 0 AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on January 13, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Notice of Public Hearing for Hummingbird Heights Metes & Bounds Subdivision — Planning Case 2014-02 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day of fir. r, I 12014. 'T ^ Notary P lic KIM T. MEUWISSEN Notary Public -Minnesota " My comm"On ESI Jen at. 207s Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, January 27, 2014 at 7:00 p.m. public City Hall Council Chambers hearing: 7700 Market Boulevard Request for a Metes and Bounds Subdivision Proposal: (Hummingbird Heights) of 1.71 acres into two (2) lots on property zoned Single Family Residential RSF —Plannin Case File No. 2014-02 Applicant: Homestead Partners, LLC Owner: Donald B. Rix Address/ 6221 Hummingbird Road Location of A location map is on the reverse side of this Proposal: notice. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 1. Staff will summarize the request. meeting: 2• The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the request. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-02. If you wish to Questions talk to someone about this project, please contact & Robert Generous by email at Comments: bgenerous(a�ci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the City. Notice of this public hearing has been published in the Chanhassen Villager on January 16, 2014. Notice of Public Hearing Chanhassen City Council Meeting When is the Monday, January 27, 2014 at 7:00 p.m. public City Hall Council Chambers hearing: 7700 Market Boulevard Request for a Metes and Bounds Subdivision Proposal: (Hummingbird Heights) of 1.71 acres into two (2) lots on property zoned Single Family Residential RSF — Planning Case File No. 2014-02 Applicant: I Homestead Partners, LLC Owner: Donald B. Rix Address/ 6221 Hummingbird Road Location of A location map is on the reverse side of this Proposal: notice. This public hearing gives the neighborhood an opportunity to comment on the proposal. During the meeting, the Mayor will lead the public hearing What through the following steps: happens at the 1. Staff will summarize the request. meeting: 2• The applicant may comment on the request. 3. Comments are received from the public. 4. Public hearing is closed and the Council discusses the request. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-02. If you wish to Questions talk to someone about this project, please contact & Robert Generous by email at Comments: bgenerousa-ci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the City. Notice of this public hearing has been published in the Chanhassen Villager on January 16, 2014. 0 RICHARD W O'CONNOR 6261 GALPIN BLVD EXCELSIOR, MN 55331-8017 CHARLES A & LAURA A LIEDTKE 6231 HUMMINGBIRD RD EXCELSIOR, MN 55331-8884 DONALD B & GILLIAN E RIX 505 DEL RIO DR CHANHASSEN, MN 55317-9770 GARY & MARY CONNELL 6201 MURRAY HILL RD SHOREWOOD, MN 55331 JOHN & MIKELL REAGAN 6160 MURRAY CT SHOREWOOD, MN 55331 JOSEPH C & ANN M SCHLEIF 3201 COUNTY RD 92 N INDEPENDENCE, MN 55359 NATHAN J & MALINDA M SCHMIECHEN 22785 MURRAY ST SHOREWOOD, MN 55331 CHRISTINE J HASSE 6240 HUMMINGBIRD RD EXCELSIOR, MN 55331-8883 JOHN H BENSON 6271 HUMMINGBIRD RD EXCELSIOR, MN 55331-8884 LEA FOLI & MARILYN J ZUPNIK 6200 HUMMINGBIRD RD EXCELSIOR, MN 55331-8883 ARMENAK & LENA PETROSIAN 850 SADDLEBROOK PASS CHANHASSEN, MN 55317 JOHN S & LINDA M G HARTMANN 22845 MURRAY ST SHOREWOOD, MN 55331 MARIANNE I KILKER 6140 MURRAY CT SHOREWOOD, MN 55331 RICHARD & KAREN LANE 6120 MURRAY CT SHOREWOOD, MN 55331 E TERRY K & VICKI J FRANZEN REV 6260 HUMMINGBIRD RD EXCELSIOR, MN 55331-8883 MARK A & CHRISTINE L SASS 6275 HUMMINGBIRD RD EXCELSIOR, MN 55331-8884 DAVID B & JERILYN K ASAO 6280 HUMMINGBIRD RD EXCELSIOR, MN 55331-8883 CITY OF SHOREWOOD 5755 COUNTRY CLUB RD SHOREWOOD, MN 55331 JONATHAN D REINSTRA 23120 SUMMIT AVE SHOREWOOD, MN 55331 MR & MRS JEFFREY R FETZER 6090 GALPIN LAKE RD SHOREWOOD, MN 55331 RICK BATESON 6180 MURRAY CT SHOREWOOD, MN 55331 SONDRA LEE TRAYLOR WALDEMAR F CRUZ TOM -HOMESTEAD 23115 SUMMIT AVE 6085 CHASKA RD PARTNNERSERS LLLLC SHOREWOOD, MN 55331 SHOREWOOD, MN 55331 H15TH AVE S OKPINS MN 55343 Alex Petrosian 850 Saddlebrook Pass Chanhassen, MN 55317 January 27, 2014 Chanhassen City Council Members City Of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Dear Chanhassen City Council Members: I am a long-time resident of our city, and I am writing to express my support for the proposed development and submit some additional thoughts for consideration. Based on my review of the documents, I have following comments and recommendations that I would like City Consul members to consider, before their final approval: 1) 1 applause the hard work of Staff, that have prepare such detailed and comprehensive overview of the details associated with this proposal. I would also like to encourage Staff to continue working with neighboring city of Shorewood, and look at the development as one big area, especially with regard to road use, traffic issues, density, water runoff, erosion control, setbacks etc. 2) Hummingbird road. Although current condition and size of Hummingbird road is sufficient to support current neighborhood traffic and needs, I have a concern that Construction traffic that is required to build 7 houses (2 in Chanhassen, 5 in Shorewood ) will: a. Cause premature road deterioration that will impose financial burden (in form of assessment) to entire Neighborhood along Hummingbird road. Since premature deterioration will be triggered by Developer/Builder activities, I feel that that it would be resonate to ask, for the Developer and Builder to be responsible for and to: L Pay for resurfacing of entire Hummingbird road after construction of 6 houses, just to bring road to current state. ii. Pay to restore vegetation, 3 feet from each side of the road, disturbed by construction traffic. iii. Pay for any damages to trees caused by construction traffic. iv. Pay for any damages to Fence, Mailboxes and any other personal property caused by construction traffic. v. For the remaining future possible 1 house on Shorewood site, I would suggest to have finds in escrow account to pay for the repairs if they occur in the future. b. Elevate safety concerns due to increased road traffic by contractors and subcontractors. Per current proposal Construction Hours are between '7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays'. This is a relatively narrow road and with number of the children (25+) leaving on Chanhassen City Council Members January 27, 2014 Page 2 this road, school patterns when children leave for school busses and traffic associated with parents that need to drive children to school, I have a concern for safety of the children and general population during early allowed construction hours. Please note that Minnetonka Middle School children in the neighborhood do not ride the bus and are walking on Hummingbird and Melody Hill to reach Minnetonka Middle School West. School does not start until after 9:00 am. I would like to propose amendment for above sentence to read., 8:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5 p.m. on Saturdays with no such activity allowed an Sundays or on legal holidays. All construction related Traffic shall be restricted between 7:00 a.m. — 9:00 a.m. and 3:00 p.m. — 5:00 p.m. on weekdays. 3) Grading & Erosion control: As indicated in memorandum to City Manager by City Senior Planner, for proposed Rain Gardens it reads that currently "proposed concentrated flows at discrete discharge points "— are not allowed. And that "there are known erosion issues along Galpin Avenue". Furthermore it is indicated that Developer did not provide any design or specifications for rain gardens to mitigate erosion problems. I'm questioning if approval of subdivision process is premature and should be put on hold until: a) All necessary, required and additional Information is collected from Developer and evaluated by Staff. b) Developer provide Grading & Erosion Control plan, which satisfies minimum threshold rules and compliance with requirements under National Pollution Discharge Elimination System. c) Since Rain Gardens require periodic maintenance of native plantings, this cannot be guaranteed under private home ownership. Future owners must be notified about rain gardens on a property prior to purchase and agree to perform all required maintenance, otherwise it might become a burden on a city. 4) Storm water Management: I have a question about preservation easement. Is this easement is in addition to the Bluff ordinance and does not supersede or replace it? I urge you to move forward, but with slight delay on approval, until subsequent Council meetings, provided that: a) Road provision are put in place. b) Safety issues addressed. c) Erosion and Storm water management issues are addressed. d) ALL recommendation of staff followed by the Developer. Please let me know if you have any questions that I can answer! Sincerely, Alex Petrosian BRAUN'" INTERTEC LOG OF BORING Braun Project BL -14-00047 BORING: ST -4 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. Summit Woods Summit Avenue and Hummingbird Road Shorewood & Chanhassen, Minnesota DRILLER: STS METHOD: 31/4'HSA,Autohammer DATE: 1!1&14 SCALE: 1"=4' Elev. Depth feet feet Description of Materials BPF i WL MC Tests or Notes 1070.3 0.0 Symbol (Sd1-ASTM D2488 or D2487, Rock -USAGE EMI 110-1-2908) % OL = ORGANIC CLAY, black and dark brown, frozen to 1088.8 1 — moist. (Topsail) SANDY LEAN CLAY, trace Gravel, brown, moist to i – CL wet, rather stiff. 12 18 (Glacial Tile 1038.3 4.0 SMI SILTY SAND, Flne-to medlum�reined, trace Gravel — with layers of Clayey Sand, brown, moist, medium dense. 14 (Glacial Till)1083.3 7.0 X. CL SANDY LEAN CLAY, trace Gravel, with seams of Silty – I Sand at 8 feet, brown, moist to wet, stiff. 18 18 (Giadal Till) i 18 _ 13 13 13 1048.3 21.0 - _ END OF BORING. i Water not observed with 19 12 feet of hollow -stem – I auger in the ground. – Water not observed 10 minutes after withdrawal of I auger. _ – _ I I i I I Boring then backfilled, BL -14-00047 arms IMWW Corpa ubW - ST -4 alp! 1 d 1 SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2014-02 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, January 27, 2014, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a metes and bounds subdivision (Hummingbird Heights) of 1.71 acres into two (2) lots on propertyzoned single Family Residential(RSF)andlocatedat6221 Hummingbird Road. Applicant: Homestead Partners, LLC. Owner. Donald B. Rix. A plan showing the location of the proposal is available for public review on the City's web site at www cLchanhassen.mn.us/201402 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, AICP, Senior Planner Email: bgenerous@ci.chanhassen. 11331.1113 Phone: 952-227-1131 (Published in the Chanhassen Villager on Thursday January 16, 2014 No 4900) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. e was published on the date or dates and in the newspaper stated in the attached Notice said Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: Subscribed and sworn before me on fi r4� Laurie A. Hartmann 2014 . fWYNO�!VY �I�}�Y ��lA�!iF BJC-M:NNESO'h.SSICNE><p;r�0'-e:'�B RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter. .............................................. $12.59 per column inch • Generous, Bob • From: Machemehl, Linda K[linda.k.machemehl@xcelenergy.com] Sent: Tuesday, January 07, 2014 1:52 PM To: Generous, Bob Subject: FW: City of Chanhassen Referral Request for 6221 Hummingbird Road - Planning Case 2014-02 Attachments: 14-02 Property Report.pdf; 14-02 referral.doc This appears to be vacant property. Xcel Energy have single phase overhead facilities along the west side of Hummingbird Road from which we would be able to serve this property. Any questions, please direct them to me. See contact info below: Linda Machemehl Xcel Energy I Responsible By Nature Designer 710 South Pine Street, Waconia, MN 55387 P: 952.470.3321 C: 612.718.2390 F: 952.442.5599 E: Linda.K.MachemehlCcilxcelenergv.com consider the environment before printing this email From: Johnson, Karl R Sent: Thursday, January 02, 2014 8:33 AM To: Machemehl, Linda K Subject: FW: City of Chanhassen Referral Request for 6221 Hummingbird Road - Planning Case 2014-02 FYI From: Meuwissen, Kim[mailto:kmeuwissen(cbci.chanhassen.mn.usl Sent: Tuesday, December 31, 2013 12:15 PM To: 'Kate Miner';'cherie.monson@CenterPointEnergy.com'; 'cthompson@mediacomcc.com'; Ischristopher@minnehahacreek.org'; 'chentges@co.carver.mn.us'; 'Biggar, Mark J'; Johnson, Karl R; 'bnielsen@ci.shorewood.mn. us' Cc: Generous, Bob Subject: City of Chanhassen Referral Request for 6221 Hummingbird Road - Planning Case 2014-02 City staff and outside referral agencies: A copy of the referral document and property report card are attached. Please review the referral documents from the following link: www.ci.chanhassen.mn.us/2014-02 Please respond with comments no later than January 16, 2014 to (replies to this email will automatically be redirected to Robert Generous): Robert Generous Senior Planner City of Chanhassen 952-227-1131 bgenerousPci.chanhassen.mn.us SCANNED 0 0 Kim Meunissen *CITY OF CHANHASSEN Senior Administrative Support Specialist 952-227-7707 kmeuivissen(aci.chanhassen.mn us Find u5 on Facebook Date: December 30, 2013 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department 10 Review Response Deadline: January16, 2014 By: Robert Generous, AICP, Senior Planner (952) 227-1131 becnerousna.ci.chanhassen.mn.us Subject: HUMMINGBIRD HEIGHTS: Request for a metes and bounds subdivision of a 1.710 -acre parcel into two (2) lots on property zoned Single -Family Residential (RSF) and located at 6221 Hummingbird Road. Applicant: Homestead Partners, LLC. Owner: Donald B. Rix. Planning Case: 2014-02 PID: 25-5450020 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on December 30, 2013. The 60 -day review period ends February 28, 2014. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen City Council on January 27, 2014 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than January 16, 2014. You may also appear at the City Council meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaba Creek 9. Telephone Company (CenturyLink) 10. Electric Company (Xcel Energy) 11. Mediacom 12. CenterPoint Energy Minnegasco 6. U.S. Fish & Wildlife 13. City of Shorewood -Brad Nielsen Property Card Taxpayer Information Taxpayer Name DONALD B 8 GILLIAN E RIX Mailing Address 505 DEL RIO DR CHANHASSEN, MN 55317-9770 Property Address Address 6221 HUMMINGBIRD RD City EXCELSIOR, MN 55331 Parcel ID Number 255450020 Parcel Information Uses Res 1 unit GIS Acres 1.71 Tax Acres 1.87 Plat MURRAY HILL Lot 006 Block & THAT TRACT IN NW1/4 NE1/4 OF SECT 3 DESC AS: BEG AT NW CORN NE1/4 TH Tax Description E 12 RODS & 19 LINKS TH 59.5'E TO PT OF INTERSECT WITH S LINE OF LOT 6 MURRAY HILL IF EXTENDED TH W TO SE CORN LOT 6 MURRAY HILL TH N ON E LINE OF LOT 6 TO BEG Building Style Year Built Building Information Finished Sq Ft Other Garage N Miscellaneous Information School District Watershed District Homestead 0276 WS 062 MINNEHAHA CREEK N Estimated Market Value Land Building Total Assessor Information 2012 Values (Payable 2013) $129,600.00 $0.00 $129,600.00 Bedrooms Bathrooms Green Acres Ag Preserve N N 2013 Values (Payable 2014) $132,100.00 Date of Sale $0.00 Sale Value $132,100.00 Qualified/ Unqualified Last Sale Disclaimer. This information is to be used for iefeieuce purposes only_ Carver County does not guarantee accuracy of we mateual contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 21 (2000). and the user of this service acknowledges that the County shall not be liable for any damages, and expressly waives all claims. and agrees to defend. indemnity, and hold harmless the County from any and all claims brought by User, CARVER its employees or agents, or third parties which arise out of the user's access or use of data provided. COUNTY Monday, December 30, 2013 Carver County. MN Page 1 of 1 u Property Card Taxpayer Information Taxpayer Name DONALD B & GILLIAN E RIX Mailing Address 505 DEL RIO DR CHANHASSEN, MN 55317-9770 Property Address Address 6221 HUMMINGBIRD RD City EXCELSIOR, MN 55331 0 Parcel ID Number 255450020 Parcel Information Uses Res 1 unit GIS Acres 1.71 Tax Acres 1.87 Plat MURRAY HILL Lot 006 Block & THAT TRACT IN NW1/4 NE1/4 OF SECT 3 DESC AS: BEG AT NW CORN NE1/4 TH Tax Description E 12 RODS & 19 LINKS TH S9.5'E TO PT OF INTERSECT WITH S LINE OF LOT 6 MURRAY HILL IF EXTENDED TH W TO SE CORN LOT 6 MURRAY HILL TH N ON E LINE OF LOT 6 TO BEG Building Style Year Built Building Information Finished Sq Ft Other Garage N Miscellaneous Information Bathrooms School District Watershed District Homestead Green Acres Ag Preserve 0276 WS 062 MINNEHAHA CREEK N N N Assessor Information Estimated Market Value 2012 Values 2013 Values Last Sale (Payable 2013) (Payable 2014) Land $129,600.00 $132,100.00 Date of Sale Building $0.00 $0.00 Sale Value Total $129,600.00 $132,100.00 Qualified/ Unqualified Disclaimer This mfoonation is to be used for reference purposes only. Carver County does not guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Snail. 21 (2000), and the user of this service acknowledges that the County shall not be liable for any damages, and expressly waives all claims. and agrees to defend, indemnity, and hold harmless the County from any and all claims brought by User, CARVER its employees or agents, or third parties which arise out of the users access or use of data provided. COUNTY Monday, December 30, 2013 Carver County, MN Page 1 of 1 3'- F.. N.',i._I ) CfTY OF CHANHASSEN • • P O BOX 147 CHANHASSEN MN 55317 12/31/2013 12:45 PM Receipt No. 00239806 CLERK: AshleyM PAYEE: Homestead Partners, LLC 525 15th Ave S Hopkins MN 55343 - Planning Case 2014-02 6221 Hummingbird Road ------------------------------------------------------- Metes & Bounds Subdivision 400.00 Sign Rent 200.00 Total Cash Check 1208 Change 600.00 0.00 600.00 0.00 Homestead Partners, LLC CH*1 CITY OF CHANHASSEN DATE INVOICE NO DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 12-27-13 12272013 Summit Woods -3U 13-109 600.00 .00 600.00 CHECDATEK 12-27-13 1208 TOTAL> 600.00 .00 600.00 NUMBER PLEASE DETACH AND RETAIN FOR YOUR RECORDS 0 0 6221 HUMMINGBIRD ROAD METES & BOUNDS SUBDIVISION - PLANNING CASE 2014-02 $400.00 Metes & Bounds Subdivision ($300 + 2 lots at $50 each) $200.00 Notification Sign $150.00 Recording Escrow (3 documents at $50 each) Property Owners List (13 addresses at $3 each) $39.00 Credit given for duplicate addresses previously paid for $789.00 TOTAL $600.00 Less Check #1208 from Homestead Partners, LLC $189.00 BALANCE DUE No per. SCANNED Generous, Bob From: Jeffery, Terry Sent: Thursday, December 26, 2013 2:45 PM To: Fauske, Alyson; Generous, Bob Subject: FW: Shorewood residential development FYI — they must meet MCWD requirements for redevelopment. Terry From: Brett Eidem [mailto:BEidem@minnehahacreek.org] Sent: Thursday, December 26, 2013 2:38 PM To: Peter Knaeble Cc: Brandon Wisner; Chris Meehan; Jeffery, Terry Subject: RE: Shorewood residential development Peter, The MCWD definition for Redevelopment: means land -disturbing activity that creates or replaces impervious surface on a parcel that is fully or partially occupied by buildings and/or impervious surface with the exception of Linear Transportation Projects. This project is considered a redevelopment project resulting in an increase in impervious surface, which is greater than an acre in size, with a proposed less than 40% site disturbance, with less than 50% increase of impervious surface; which will require phosphorus, rate and volume control for only the additional impervious increase. You can apply for both the Hummingbird Rd and the Summit Ave sites together as one Erosion Control and Stormwater Management permit. Please let me know if you have any other questions regarding the permit application and required submittals. Thanks, Brett Eidem SCANNED District Representative Minnehaha Creek Watershed District 15320 Minnetonka Boulevard 0 0 Minnetonka, MN 55435 Direct: (952) 641-4517 Main Office: (952) 471-0590 Fax: 952-471-0682 www.minnehahacreek.org Go MINNENANA CREEK WATERSHED DISTRICT From: Peter Knaeble fmailto:peterknaeble(@amail.coml Sent: Saturday, December 21, 2013 1:22 PM To: Brett Eidem Subject: RE: Shorewood residential development Brett, We would request that this project be considered by the MCWD as "new development' instead of "redevelopment." Does the MCWD have official definitions of "new development' or "redevelopment"? Thanks for your help. Peter Knaeble, PE Terra Engineering Inc. 6001 Glenwood Ave. Minneapolis, MN 55422 763-593-9325 (office) 612-309-9215 (cell) 763-512-0717 (fax) PeterKnaebleCaDomail com 2 From: Brett Eidem [mailto:BEidemCalminnehahacreek.org] Sent: Monday, December 16, 2013 11:18 AM To: peterknaebleCalgmail.com Subject: Shorewood residential development Peter, Pre -Application Comments: After my initial review, it appears that this will be considered a redevelopment project as there is an existing home on the property, therefore triggering our Stormwater Management Rule. Because this site is less than 5 acres, and there is less than a 40% site disturbance proposed, the project would require phosphorus control, rate control and volume control for the increase of impervious. Once the permit has been applied for we can take a more in depth review, but I believe the project will only trigger the District's erosion control and stormwater management rules. Attached is our permit application. Please let me know if you have any questions. Thanks, Brett Eidem District Representative Minnehaha Creek Watershed District 15320 Minnetonka Boulevard Minnetonka, MN 55435 Direct: (952) 641-4517 Main Office: (952) 471-0590 Fax: 952-471-0682 www.minnehahacreek.ore irtINMENARA C09EK WMEV:M.n nIS!W..: New office address July 1:15320 Minnetonka Blvd., Minnetonka, MN 55345 From: Peter Knaeble (mailto:oeterknaeble(c)gmail.coml Sent: Thursday, December 12, 2013 10:20 AM To: Brett Eidem Subject: RE: Shorewood residential development Brett, The address is 23040 Summit Ave., Shorewood, MN. Attached is the approved Site Concept Plan for this project. Peter Knaeble, PE Terra Engineering Inc. 6001 Glenwood Ave. Minneapolis, MN 55422 763-593-9325 (office) 612-309-9215 (cell) 763-512-0717(fax) PeterK n aeb Ie(a_)g m ai I. co m From: Brett Eidem[mailto:BEidem(alminnehahacreek.org] Sent: Thursday, December 12, 2013 9:55 AM To: Peter Knaeble Subject: RE: Shorewood residential development Peter, Can you provide the address and maybe a site plan with the approximate location of the homes? I can do a more detailed review and let you know if any other District rules will be triggered. It would appear that if this is New Development and there is less than a 20% increase of impervious, than the project would not trigger the Stormwater Management Rule. Thanks, Brett Eidem District Representative Minnehaha Creek Watershed District 15320 Minnetonka Boulevard Minnetonka, MN 55435 0 0 Direct: (952) 641-4517 Main Office: (952) 471-0590 Fax: 952-471-0682 www.minnehahacreek.ora From: Peter Knaeble[mailto:DeterknaebleCalgmail.coml Sent: Thursday, December 12, 2013 8:34 AM To: permitting Subject: Shorewood residential development We are working on a 4 lot single family residential subdivision in Shorewood (in the MCWD). The site 3.25 acres and the proposed total impervious will be 9.7% (less than 20% per the MCWD threshold). Could you confirm that this project only needs an Erosion Control permit from the MCWD, and not a Stormwater Management permit? Thank you. Peter Knaeble, PE Terra Engineering Inc. 6001 Glenwood Ave. Minneapolis, MN 55422 763-593-9325 (office) 612-309-9215 (cell) 763-512-0717(fax) PeterKnaeble (a)gm ai I. com 0 EON SHDEEV® ZRED R-lt— IM L3T VIHTM (AT PSH) 120' LOT DEPTH SS' PSB ♦0 RSB IB' SSH (35' SSB CGRNER) 0 0 MAvrtp� bAo g • 1 -------------- CHARHRSSEN ZONCO RSF-SINGLE FAM. 15,000 SF LOT 90' MIK FRWTAW (OR 90' AT FSB POR CW 125' LOT OEPTM. 00' FSH MO 30 RSR m• ssH � I � _ CONCEPT 'C'. TERRA ENGINE 1'=80' N^ INC. nm a • c li a oao a zuo a I. LOEVO® i � _ It -------------- CHARHRSSEN ZONCO RSF-SINGLE FAM. 15,000 SF LOT 90' MIK FRWTAW (OR 90' AT FSB POR CW 125' LOT OEPTM. 00' FSH MO 30 RSR m• ssH � I � _ CONCEPT 'C'. TERRA ENGINE 1'=80' N^ INC. 15 - o; alV • \ v �I W 3; a LiI 1 \ I ,' 0 11 I • i ! PROPO \\t Q LLI7 ; . lc6l�R. 1 U E $ 1 16180 MURRAY BATESON' 80' RUQ I ` 1341172343000 pp M 43 4 I H ; 1064.98 RIM SHOT ! 1050.ON 1051.65 _ ZO EM. r —. 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'(41 U:1 ( I G LIMIT HOWN) 1 '1 62\HUMMINGBIRD _ 1;0 SHOREWOOD ZONED R -1.C- - 20,000 $,` Kp+,-LO'f _ 100' LOT WIDTH (AT FSB) 120' LOT DEPTH 35' FSB 40' RSB 10' SSB (35' SSB CORNER) ----------------------- CHANHASSEN ZONED RSF-SINGLE FAM, 15,000 SF LOT 90' MIN. FRONTAGE (OR 90' AT FSB FOR CUL) 125' LOT DEPTH 30' FSB X6200 30' RSB 10' SSB 06240 06260 THEODORE RIX 34-117-23-43-0012 SHOREWOOD. MN (HENN. CO.) 0.903 AC. (39,320 SF) SO- ROW SHOREWOOD (HENN. CO.) CHANHASSEN (CARVER CO.) >�o RQU • 35- FS8 1 • 1\ 44,610 SF � ' •• . \ \ •' 1 35.390 SF \ 27,270 SF IrI 313 / / ■ / / / �� ■�■BIBS■ ■�■�■�■ / DONALD RIX NOUSE I 34-110-23-43-0013 I 23040 SUMMIT AVE. i� II SHOREWOOD, MN (HENN. Cil.) 3,330 AC. (145,0)0 SF) L 3 \ 22,100 Sr ■ I 3 _ _ GAR. 32' � L�.`B� ■ � ■ � I I 3A`,l ■ I u 30,180 SF 11 23,220 SF ■ ly I$ I i 5 21,950 SF 1 H� II ■ I R I I • 1 'I 11 231210 SF `\ ■ CONCEPT TERRA 1"=80' so 66' ROW 27,300 SF I Ply 66' ROW DONALD RIX i 255450020 6221 HUMMINGBIRD R0. CHANHASSEN, MN (CARVER CO.� 1.)10 AC. (]4,488 SF) HCl� 06231 ENGINEE\\RING INC, N^ 11 9 11 C—� Kimley-Horn and Associates, Inc. Sheet No. —or Job subject urnmi , it JIM Desgwdby Date Chedredby Date i (i 19 h 'k J�y ctie�lls 0/h, c�c-,/K&ZIePchim e s het ale bee, s SCANNED One of FORTUNE's 100 Best Companies to Work For CY3T OF CHANHASSEN • P O BOX 147 CHANHASSEN MN 55317 10/03/2013 2:00 PM Receipt No. 00232100 CLERK: AshleyM PAYEE: Homestead Partners LLC 525 15th Ave South Hopkins MN 55343 - PID 34-117-23-43-0013 6, PID 34-117-23-43-0012 ------------------------------------------------------- GIS List 33.00 Total Cash Check 1139 Change 33.00 0.00 33.00 0.00 I6 0.16'- To: Mr. Tom Strohm Homestead Partners 52515 M Avenue South Hopkins, MN 55343 952-949-3630 0 • City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 RE: Property Owners List Invoice SALESPERSON DATE TERMS KTM 9,/13113 upon receipt 11 Property Owners List within 500' of Hennepin Coui PID 34-117-23-43-0013 & PID 34-117-23-43-0012 TOTAL DUE Make all checks payable to: City of Chanhassen If you have any questions concerning this invoice, call Kim Meuwissen at (952) 227-1107. THANK YOU FOR YOUR BUSINESS! LINT $3.00 1 $33.00 $33.00 Homestead Partners, LLC CH01 CITY OF CHANHASSEN DATE INVOICE NO DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 9-19-13 09162013 Property Owners 33.00 .00 33.00 Moil ,,t44 1.6'r CHECK 9-19-13 1139 TOTAL> 33.00 .00 33.00 DATE NUMBERCHECK PLEASE DETACH AND RETAIN FOR YOUR RECORDS CMFI Kimley-Horn and Associates, Inc. sheet Na of Job Subject Job No Desgnedby Date Checkedby Date JA yes , PteIM • 1/4 11013 0 fi-c� -odd ! g holies we, tro A4wC4- r. t f METES & BOUNDS SUBDIVISION PRELIMINARY PLANS FOR: HUMMINGBIRD HEIGHTS CHANHASSEN, MINNESOTA PREPARED FOR: HOMESTEAD PARTNERS LEGAL DESCRIPTION: Lot 6,'Aturray Hill" and that tract of land in the Northwest Quarter tithe Northeast Quarter of Section 3, Township 116, Range 23, described as fotrlws. Be9mvV at the Northwest mprner or the Northeast Quarter of said Section 3. thence East 12 rods and 19 finks, thence South 9-1/2 degrees East to the point of arterseabon with the South line of Lot 6. 'Murray Hil" f eMentled, thence West to the Southeast corner of Lot 6. "Murray Hrr, thence North abng East kne of Lot 6 to the pard beg nnirg Torrens Property Torrent Certiftate No 33687.0. M_1t M_At 71x1 YIPYAP NO SCALE SHEET SHEET INDEX DESCRIPTION 1. COVER SHEET / SHEET INDEX 2. EXISTING CONDITIONS PLAN 3. PRELIM. PLAT/METES & BOUNDS SUBDIVISION 4. PRELIM. UTILITY AND GRADING PLAN 5. PRELIM. TREE PRESERVATION PLAN 12/16/13 SITE ADDRESS: 6221 HUMMINGBIRD RD., CHANHASSEN, MN 13-125 (PIN 255450020) SITE AREA: 1.71 ACRES (74,490 SF) 1 TERRA ENGINEERING INC. HOMESTEAD PARTNERS Z 6001 GLENWOOD AVE. 525 15TH AVE SO. W _ GOLDEN VALLEY, MN 55422 HOPKINS. MN 55343 763-593-9325 PETER KNAEBLE. P.E 0 Z STEVE BONA peterknoebleOgmall.comOY slephenAonaOymal.com W X = 0 LU to Z m SIJSLEY413rIE7LMn CONSULTANT Q DEM ARS-GABRIEL SURVEYORS KJOLHAUG ENVIRONMENTAL SERVICES CO. d' F M Z 6875 WASHINGTON AVE. 50., 209 26105 WILD ROSE LANE W Q EDINA, MN 55,439 SHOREWOOD, MN 55331 W O 2 2 DAVID CROOK, RLS MARK KJOLHAUG, PWS 111 i_i (f) 2 U N(1110od.com markCkjdhouWv.com 12/16/13 SITE ADDRESS: 6221 HUMMINGBIRD RD., CHANHASSEN, MN 13-125 (PIN 255450020) SITE AREA: 1.71 ACRES (74,490 SF) 1 ow ^�• ' _ (' ANHA S N ZONED RSF-SINGIF FAM. ^ �0'03 I QP 9015,000 SF LOT MIN. 'MIN. FRONTAGE AT ROW o N N N I _ _ 125' MIN. LOT DEPTH (135' ON DOUBLE FRONTAGE LOTS) m � 30' FRONT SETBACK m 'n Q 30' REAR SETBACK $ - MH 43-151 0' SIDE SETBACK v LL tO55b/1D4&➢ I V MAX. HEIGHT 35' m n T� 0_ r MAX. IMPERVIOUS IS 25% PER LOT a N �\ �� DRIVEWAYS, MAX. 10% L MIN. 0.57 o = m ••,`p(➢ STREET H 30' STRUCTURE/IMPERV. SETBACK FROM 'TOP OF BLUFF' o rn NW1➢ENlw Z NO GRADING/TREE REMOVAL W/1 20' 'BLUFF IMPACT ZONE- BLUFF IMPACT ZONE' IS 20' FROM 'TOP OF BLUFF' m0 pJC `I lei r ro PJB Po g o�Cl) N m ISr EX SER 2 d Iz 6160 MURRA' z; uREAGAN < 66 R 34117234300E ,p ; Quo-- - - - - WETL. #23115 SUMMIT AVE. LEE zl 3 411723430015 LJ o_I N I N F- - - - - 4--- - - - - 0 x 6180 MURRAY CT. i BATESON mw S H❑ R E W❑❑ D 80 3411723430030 PPD I I I I CHENN, C❑I) i 431 I m 1064. RIM SHOT ' I 1 TAPER 1H 4 )➢31bs i I I I E%. M 225.34 \ 164.00 RIM 9 0.0 SHOT cEo CHANHASSEN i — --- + — — —5' DDLU EASE. z EX HYD EX. GV I 1 o rn TNH 972.00 SHOT of (CARVER C❑,) 80'IRO ' Z °gso a� s- 6200 HUMMINGBIRD Ex. av ZUPNIK iv 35,591 SF 255450030 °` F1 £ I 14,500 SF W/0 BLUFF hb\' �r� .m x 0 d £ Z „ _ — — — _ — \yl "` �-S� 30_DLU EASE._ _ — _ — _ — — —I O f — — — 77-f- — _ � T — — _ — — — — _ — — N 6261 GALPIN BLVD. V) X: a -. — .- _ .. .. — .. at \ — _ —1 O'CONNER 5 a \m`\.+ \ 72,609 SF to A 250031500 0 _ l w �� \ \ ^ 1.667 AC. @ d GO 130 0 I 2 I� F 11 RIM �•I o \\ \\ \\ 37,01`8 SF I; J N F rn f.'! o \ \ \ 17,500 SF W/O BLUFF w (/) = Z 6240 HUMMINGBIRD I \ \ 1 I ,p 6 ROV Z CL HASSE - ` 1 I ru O Z 252680010 )6 EX. HYD GV _ .. — _ _ _ I I I I uT' w E } O Q. W — — — _ — _ _ _ — _ + I— 5' DLU EASE. 0 DO m In Zai En ZQ I fI I 413.69 S �yW �Z 6231 HUMMINGBIRD ( \ l w D So so J F M Q LIEDTKE \ \ \ Z kl O 2 252850010 \ SCA1E iH FEET O_ 2 = U q V 6 -- B-5 -- O TES RT FENCEIMMNG UMIT �12/16/12 p TES EXISTING CONTOURS —1056— DENOTES PROPOSED CONTOURS DENOTES SEWER 6260 HUMMIN BIRD —�� DENOTES SANITARY SEVER FRANZEN 13-125 252680020 �'�M— DENOTES MALE S X 10 6 DENOTES ElO51MG SPOT FlE AM yQT X 1056.D DENOTES PROPOSED SPOT EIEVABON EDF4111110KO DENOTES EMERGENCY O�OM EIEVATKN 3 PJB mO SUMMIT AVE. SHREW❑❑D (HENN. CO.) CHA{JHASSEN (CARVER CO.) 6200 HUMMINGBIRD ZUPNIK 255450030 6240 HUMMINGBIRD HASSE 252680010 6260 HUMMIN BIRD FRANZEN 252680020 W�� 1100 ° V V O �P D 00 ,'y� O O op ET o o - peo p�° 0 0 0 0 0 ° o AuoJ0� 0 o °Q185 TREES - 0 I,ON-SITE O O 00 °Je+ O O' Z O � �IA O _ 4�� _ a 0Z'� _ I a OZ Q0 i 0 � O ° N m o o� 0 0 O aO qw O O O 0� o s 6 O - - - o %-- --�-- Be° ° 0 0 O O /1 O o: 0 0 0 0 � o`er 0 ° 0 I I I 0 I o23 225.34 61a 6231 HUMMINGBIRD LIEDTKE 252850010 I 1 1 413.69 Loi 0 O 0 O 8 0 0 0 ° 0,0, O �P O- - - 72,609 SF 1.667 AC. 2 NO WETLANDS ON SITE PER KJOLHAUG ENVIRONMENTAL SERVICES CO. (10-2013). r pEN0,E5 SOIL �R1G - - - - - - - TRFP CALLUII ATHI.NS (AL T) - TOTAL SITE AREA 1.67 AC. DENOTES EfW51NG WN10(1R5 —ip55— DENOTES PROPOSED (%1NTIXW5 BLVD AREA 0.14 AC. ��—Y- DENOTES SNATI Y SEMER W— NON -BLUFF AREA 0.87 AC. I'T X 1056.0 DENOTES PROPOSED SPOT E AM (INCL. BLVD. AREA) O OTES EIHRGENCY Ol£f M EU NAM NON -BLUFF TREE CANOPY AREA 0b5 AC. (75%) (INCL. BLVD. AREA) (='BASE LINE CANOPY COVERAGE) MIN. CANDY COVERAGE REOD. 0.40 AC. (46%) PROP, CANOPY COVERAGE 0.36 AC. (417.) (TO GRADING LIMIT SHOWN) 66' R V ADDITIONAL TREE CANOPY REOD. 0.04 AC. (1742 SF) AT 1089 SF CANOPY/TREE = 2 ADO, TREES REOD. EACH LOT SHALL HAVE A MIN OF ONE 2.5' DECIDUOUS TREE OR ONE 8' HIGH CONIFER TREE IN THE FRONT YARD (BY BUILDER). VERIFY SIZE, SPECIES AND LOCATON WITH CITY PRIOR TO INSTALLATION. O o D X -1 H D Z � N d x A n J p � .Z7 00 t5 r N J 6 ' ROW W E S !O 0 JO 60 scut N FEET z B-'5` pEN0,E5 SOIL �R1G - - - - - - - DENOTES WT FO M/(=(ADW(G (AWT - - -- DENOTES EfW51NG WN10(1R5 —ip55— DENOTES PROPOSED (%1NTIXW5 OFNom STORN SEMER ��—Y- DENOTES SNATI Y SEMER W— DENOTES wATERNNN x 1056 23 DENOTES EIWS G SPOT E AT X 1056.0 DENOTES PROPOSED SPOT E AM MF -010%0 O OTES EIHRGENCY Ol£f M EU NAM Z 0- O F w N w w IL w w w w OL a S Z 2 Z N a 2 a U 1 12/16/13 13-125 5 N 1"=100' V. � " • R —� '� -..tee '��i� .-. Al AI t .4,E � _ �� �'• `-„•��j,. 'fly ) •- � �Y- �a �+ 1V C: �I 7t yti � v •..4p '� �'� - ., >,• ter,: . �.• :�- 1„ � - f " ry_ t 1 � A wvw Y L ... - �.! > ff`oo�R t'j-,4 lie _. CANNEL 1s r a Ai i a �v 1 sl W Lil • 1 1 PROP. SWI SER. Q OP. - `�. 1 80'; R W I PP ` MH 43 4 ; I1064.9 RIM SHOT ; I 11050.0N 1051.6S - 20 EM. T- 15.9' _ ISAVE E 5./TREE- 10' SSB T ..' CH NJ 1 �— UL SMT 1 1 1 I 1 1 q SMT 1060. I \ 1 1 BIRD Q' ;Ur I o p iu / I N d 62 m i P I vl z \ 45 C is WIr >1 - CL ' I 00 ROP. SSV i ER. W I¢1 L BSMT. i I a �\ p: o> ui GAR 070.0 o 0 71W 150RIM 0` (h BSM T 661.6 10 2.IN/1055.IS 7'p, C] �ZICD O I� I � JI I \� 1 � :• :...%. HYD/.Il I 141 I `I ' I I 6 31 HUMMI GBIRD 11 I I IEDTKE I I P ; 1 252850010 1 1 1 i Ui 1 ' m: 1 6271 ,HUMMI I} 6180 MURRAY ? - ; BATES❑N' 1 34117234300" EX. U A RIM 0A HOT U H D - I D TIH k I� II I � i F W� _ L'\ m I I 1 626T G4 ;C7� G'C❑WNE 1 tl 1 1'�A i 2500315 2 0 S ❑ F 1 `� ' 1' 6 *V. 1 A ❑ E IN I E L A 11 `1 11' I I AC. 1 I^ N N B I R I 0.73 AC. T T T E N- Y R LA AC. lib ( L C (� [ ) I I I I c I A E E D C N Y ❑G C IM Tl �{❑V 1 I SCA NEL ,le P9 ,FP E. CB aIn %an sear Go lk .zoos cmBlrt 6vE. La DENOTES SOIL 90RML DENOTES SILT iENZ/ORADINO LIMIT DENOTES EMSTINPROPOL IV2Nm013 W IO56— )— CONTORSURS DENOTES PROPOSED CONTOURS DENOTES STORM SEWER g c OP1Ni w..t. � W� OF J SHOREWOOD K'055 z' (HENN, CO.) ; HASSEN REWETLAND CARVER CO.) EW40105O DENOTES EYERLENLY OVERFLOW ELEVATION 6200 M.wllKcnaD c zss.s6Dm' 255.50 p M i 7 i =1. B6om NAYHq Y=ER ROAD � � •� •in %JD0 141,493 ACSF \ nwN 3249 . 1 FEW "IMRRfEN DESIGn. 411 BV J' rINL ft. a, Rw_ _ 2 m C d i n la .o 1. ----------------- 3 -=-------- --- p- 4 B6PD O DENOTES SOIL 90RML DENOTES SILT iENZ/ORADINO LIMIT DENOTES EMSTINPROPOL 6271 MOWINLBIOD K23tevD2D IO56— )— CONTORSURS DENOTES PROPOSED CONTOURS DENOTES STORM SEWER g c OP1Ni w..t. � W� OF B6PD E DENOTES SOIL 90RML DENOTES SILT iENZ/ORADINO LIMIT DENOTES EMSTINPROPOL 6271 MOWINLBIOD K23tevD2D IO56— )— CONTORSURS DENOTES PROPOSED CONTOURS DENOTES STORM SEWER / OP1Ni w..t. DENOTES SAKKR W� OF DENOTES WATERNTERMA 6160 wMR C / YII]LWJR29 K'055 z' DENOTES EXISTING SPOT ELEVATION S ; % 1056.0 REWETLAND EW40105O DENOTES EYERLENLY OVERFLOW ELEVATION POND' �� - o 61Po MPa.V Cr E BKTEAN U117 N WJ0 piEao� 119T \ fd TIN 0200 L9T - m g < 3F '1 � 2 n 6261 ERE. BLV D vEOALe A 23WJISW 0 J :w yy E s 55_0 550 SCALE IN FEET z J CL z z_ to m Q o cr go 30 Q ~w 3 52 m U) cn ui W CL11 g 12/16/13 )LCT NET 13-115 rr .a wM -- DENOTES SOIL 90RML DENOTES SILT iENZ/ORADINO LIMIT DENOTES EMSTINPROPOL 6271 MOWINLBIOD K23tevD2D IO56— )— CONTORSURS DENOTES PROPOSED CONTOURS DENOTES STORM SEWER DENOTES SAKKR W� OF DENOTES WATERNTERMA K'055 z' DENOTES EXISTING SPOT ELEVATION S % 1056.0 DENOTES PROPOSED SPOTTELEVATION VAnON EW40105O DENOTES EYERLENLY OVERFLOW ELEVATION z J CL z z_ to m Q o cr go 30 Q ~w 3 52 m U) cn ui W CL11 g 12/16/13 )LCT NET 13-115 rr .a wM ©a lI , 80` it RO Q 1 f Q I 150 7.i RIM rl ioas.t x 4W f; ,. Gaa 'I IFULL BSMT, AR 0 1069, I I \ 41' 10 \ `t _10`. SSB. (TY qHA$ I \%k\ 0 .34 DT EX. RG v� f FULL BSMT. GAR 1070.0 �� \ \ L�( MT 1061.0 \ ' \ \ B zl \ \ \ •---1��$— �� 8' DT GRP.DI LIMIT ' (� 6231 HU INGBIRD \ LIEDTKE \\ \ \ 252850 10 a NO WETLANDS ON SITE PER = 9 KJOLHAUG ENVRONMENTAL g SERVICES CO. (10-2013). o ,.a � $ m R POSED RAIN GARDENS SHOWN (RG) TO BE I TRUCTED BY BUGLER AFTER HOME `o � o N TRUCTION. FlNAL GRADES, LOCATION AND NG PLAN BY BUILDER PER DETAILS. ALL NAGE SHALL BE DIRECTED TO THE R A S. OTS TO BE CUSTOM GRADED K D CLEARED) BY BUILDERS. I I � 2 L V 11 4 06 .5 E 2 4 F 24 SF EItE 06. 06 .0 d I E N 0 1. 1 6 0 4 P ❑ T E ) V U 3 F 3 5 F AA< AAt. N R G AD S, gag$ TILN R C ' Y. I). A C�3 N p_Z z 6C Z w E Q9 J s i \ 18 0 17 30 < s:AIL W RET F S � E 1 ♦ FS - - - - - moo ---opt- moo— Mwn W, �OfWO moNS aT � uwr mom Farr omna s 000M 111 Y OEM m oss SRRAOY ena r.R 12/18/13 13-125 _ _ �XIC)W I v' 80'! R � X 1056.0 i PP I MH 43 4 O 1 1064.9 RIM SHOT 105UN 1051,65 ; 15.8' lI , 80` it RO Q 1 f Q I 150 7.i RIM rl ioas.t x 4W f; ,. Gaa 'I IFULL BSMT, AR 0 1069, I I \ 41' 10 \ `t _10`. SSB. (TY qHA$ I \%k\ 0 .34 DT EX. RG v� f FULL BSMT. GAR 1070.0 �� \ \ L�( MT 1061.0 \ ' \ \ B zl \ \ \ •---1��$— �� 8' DT GRP.DI LIMIT ' (� 6231 HU INGBIRD \ LIEDTKE \\ \ \ 252850 10 a NO WETLANDS ON SITE PER = 9 KJOLHAUG ENVRONMENTAL g SERVICES CO. (10-2013). o ,.a � $ m R POSED RAIN GARDENS SHOWN (RG) TO BE I TRUCTED BY BUGLER AFTER HOME `o � o N TRUCTION. FlNAL GRADES, LOCATION AND NG PLAN BY BUILDER PER DETAILS. ALL NAGE SHALL BE DIRECTED TO THE R A S. OTS TO BE CUSTOM GRADED K D CLEARED) BY BUILDERS. I I � 2 L V 11 4 06 .5 E 2 4 F 24 SF EItE 06. 06 .0 d I E N 0 1. 1 6 0 4 P ❑ T E ) V U 3 F 3 5 F AA< AAt. N R G AD S, gag$ TILN R C ' Y. I). A C�3 N p_Z z 6C Z w E Q9 J s i \ 18 0 17 30 < s:AIL W RET F S � E 1 ♦ FS - - - - - moo ---opt- moo— Mwn W, �OfWO moNS aT � uwr mom Farr omna s 000M 111 Y OEM m oss SRRAOY ena r.R 12/18/13 13-125 _ _ �XIC)W m0W WATLW w 0 DOOM corms 40T o"AT101 � X 1056.0 OMT® PRWO m VW ELMTRl1 EIDF411000.0 m OIO1m1OY OMn= 0EVA00M 4