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CAS-31_HIDDEN CREEK MEADOWS (4)M 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. 0 • o-1-3/ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of D & G of Chanhassen, LLC, for subdivision approval for a 21 -lot and 2- outlot residential development with a variance for a flag lot and a wetland alteration permit for the crossing of a wetland with a public street. On November 16, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of D & G of Chanhassen, LLC for preliminary plat approval of property. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission 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, RSF, District. 2. The property is guided in the Land Use Plan for Residential — Low Density. 3. The legal description of the property is: see attached Exhibit A 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance and meets all the requirements of the RSF, Residential Single Family District; 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, $C"feo 11 0 and storm water drainage are suitable for the proposed development subject to the conditions specified in this report.; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause significant environmental damage; f. The proposed subdivision will not conflict with easements of record, but will provide all necessary and required easements; 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. In order to permit flag lots, the city must find that the following conditions exist: a. The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. Ideally, a roadway would have been extended straight south from Cartway Lane with half the right-of-way contributed by each property. However, the property to the east was developed previously with access off Meadow Lane. b. After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. Additional public street access is not required for the property to the east which is already developed. c. The use of the flag lot will permit enhanced protection of the city's natural resources including wetlands and forested areas since the flag lot is sufficiently sized such that any proposed structures can comply with all required wetland setbacks. 6. VARIANCE FINDINGS —Flag Lot a. The hardship is not a mere inconvenience, but provides a means for preserving natural features on site. b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. 0 0 c. The conditions upon which the request is based are unique and not generally applicable to other property. d. The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and comprehensive plan. 7. The planning report #04-31 dated November 16, 2004, revised February 15, 2005 prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat with a variance for the use of a flag lot and wetland alteration permit for the Hidden Creek Meadows development. 00DRI ADOPTED by the Chanhassen Planning Commission this 15`h day of February, CHANHASSEN PL LAi1;iING COMMISSION BY: L C�cc_a% Its Chairman g:\plan\2004 planning cases\04-31 - hidden creek naeadows0;ndings of fact revised.doc 0 0 All that portion of the northeast quarter of the northeast quarter of Section 6, Township 116 North, Range 23 West, lying south of the Minneapolis and St. Louis Railroad Company's right-of-way as now established, Carver County, Minnesota. Records of Carver County Abstract Property Property Address: 4001 Aster Trail, Chanhassen, MN 55331 BOM That part of Lot 8, Schmid's Acre Tracts, lying north of a westerly extension across said Lot 8 of the south line of Lot 6, Schmid's Acre Tracts; together with an easement for driveway purposes over and across the east 50 feet of that part of Lot 8, lying northerly of a line parallel with and distant 16.5 feet southerly of a westerly extension of said south line of said lot 6 across said Lot 8, Schmid's Acre Tracts. Property Address: 3921 Aster Trail, Chanhassen, MN 55331 That part of Lot 8, Schmid's Acre Tracts, lying south of a westerly extension across said Lot 8 of the south line of Lot 6, Schmid's Acre Tracts. Established Carver County, Minnesota Records of Carver County Abstract Property Property Address: 3931 Aster Trail, Chanhassen, MN 55331 Lot 7, Schmid's Acre Tracts, according to the recorded plat thereof on file and of record in the Office of the Register of Deeds, Carver County, Minnesota. Abstract Property Property Address: 6301 Cartway Lane, Chanhassen, MN 55331 0 0 CIPY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of D & G of Chanhassen, LLC, for subdivision approval for a 21 -lot and 2- outlot residential development with a variance for a flag lot and a wetland alteration permit for the crossing of a wetland with a public street. On November 16, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of D & G of Chanhassen, LLC for preliminary plat approval of property. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission 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, RSF, District. 2. The property is guided in the Land Use Plan for Residential —Low Density. 3. The legal description of the property is: see attached Exhibit A 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance and meets all the requirements of the RSF, Residential Single Family District; 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, o4-31 0 and storm water drainage are suitable for the proposed development subject to the conditions specified in this report.; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause significant environmental damage; f. The proposed subdivision will not conflict with easements of record, but will provide all necessary and required easements; 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. In order to permit flag lots, the city must find that the following conditions exist: a. The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. Ideally, a roadway would have been extended straight south from Cartway Lane with half the right-of-way contributed by each property. However, the property to the east was developed previously with access off Meadow Lane. b. After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. Additional public street access is not required for the property to the east which is already developed. c. The use of the flag lot will permit enhanced protection of the city's natural resources including wetlands and forested areas since the flag lot is sufficiently sized such that any proposed structures can comply with all required wetland setbacks. 6. VARIANCE FINDINGS — Flag Lot a. The hardship is not a mere inconvenience, but provides a means for preserving natural features on site. b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. 0 u c. The conditions upon which the request is based are unique and not generally applicable to other property. d. The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and comprehensive plan. 7. The planning report #04-31 dated November 16, 2004, revised February 15, 2005 prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat with a variance for the use of a flag lot and wetland alteration permit for the Hidden Creek Meadows development. rtl ADOPTED by the Chanhassen Planning Commission this 15`" day of February, CHANHASSENPtk1NIN(3 COMMISSION BY: �L L Its Chairman giplan\2004 planning cas \04-31 - hidden creek randowAfiindings of fact mvised.doc 0 0 All that portion of the northeast quarter of the northeast quarter of Section 6, Township 116 North, Range 23 West, lying south of the Minneapolis and St. Louis Railroad Company's right-of-way as now established, Carver County, Minnesota. Records of Carver County Abstract Property Property Address: 4001 Aster Trail, Chanhassen, MN 55331 That part of Lot 8, Schmid's Acre Tracts, lying north of a westerly extension across said Lot 8 of the south line of Lot 6, Schmid's Acre Tracts; together with an easement for driveway purposes over and across the east 50 feet of that part of Lot 8, lying northerly of a line parallel with and distant 16.5 feet southerly of a westerly extension of said south line of said lot 6 across said Lot 8, Schmid's Acre Tracts. Property Address: 3921 Aster Trail, Chanhassen, MN 55331 D That part of Lot 8, Schmid's Acre Tracts, lying south of a westerly extension across said Lot 8 of the south line of Lot 6, Schmid's Acre Tracts. Established Carver County, Minnesota Records of Carver County Abstract Property Property Address: 3931 Aster Trail, Chanhassen, MN 55331 9 Lot 7, Schmid's Acre Tracts, according to the recorded plat thereof on file and of record in the Office of the Register of Deeds, Carver County, Minnesota. Abstract Property Property Address: 6301 Cartway Lane, Chanhassen, MN 55331 H The contents of this file have been scanned. Do not add anything to it unless it has been scanned. 9. A 20 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. The City of Chanhassen • n growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. 0 0 June 15, 2005 Mr.Dean Carlson CITY OF D & G of Chanhassen, LJ.0 CHANIIASSEN 7820 Terrey Pine Court Eden Prairie, MN 55347 7700 Market Boulevard PO Boz 147 Chanhassen, MN 55317 Re: Final Plat Approval — Hidden Creek Meadows Planning Case #04-31 Administration Phone: 952227.1100 Dear Dean: Fax: 952.227.1110 Building Inspections On June 13, 2005, the Chanhassen City Council approved the Final Plat for Hidden Phone: 952.227.1180 Creek Meadows creating 21 lots, 2 outlots and associated right -0f --way for public Fax: 952.227.1190 streets (plans prepared by Ryan Engineering, dated 05/23/05) subject to the Engineering following conditions: Phone: 952.227.1160 Fax: 952.227.1170 1. A final grading plan and soils report must be submitted to the Inspections Finance Division before building permits will be issued. Phone: 952.227.1140 Fax: 952.227.1110 2. Demolition permits must be obtained prior to demolishing any structures on Part A Recreation the site. Phone: 952227.1120 Fac 952.2271110 3. Separate sewer and water services must be provided each lot. Recreation Cerder 2310 Couller Boulevard 4. Retaining walls more than four feet high must be designed by a registered Phone: 952.227.1400 Fax: 952.2271404 structural engineer and a building permit must be obtained prior to construction. Planning & Natural Resources Phone: 952227.1130 5. The sauna on Outlot B must be removed. Fax: 952227.1110 6. Outlots A and B shall be dedicated to the City. Public Works 1591 Park Road Phone: 952.227.1300 7. No burning permits will be issued for trees to be removed. Trees and shrubs Fax: 952.2271310 must either be removed from site or chipped. Senior Center Phone: 952.227.1125 8. Fire apparatus access roads and water supply for fire protection is required to Fax: 9522271110 be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods Web site www.achanhassen.mn.us of protection are provided. Temporary street signs shall be installed on each street intersection when construction of new roadways allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. 9. A 20 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. The City of Chanhassen • n growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. Mr. Dean Carlson June 15, 2005 Hidden Creek Meadows Final Plat Page 2 10. Park fees totaling $68,000.00 shall be paid to the city prior to recording the final plat. 11. The applicant shall create a five-year maintenance and monitoring plan for new wetland construction to ensure proposed wetland functions and values are obtained and non-native vegetation does not encroach into the mitigation area. The monitoring plan shall include the preparation of annual reports as required by the Minnesota Wetland Conservation Act. 12. Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands on- site. All structures shall maintain a 40 -foot setback from the wetland buffer edge. Wetland buffers and wetland buffer setbacks shall be shown on the grading plan. Wetland buffer areas shall be preserved, surveyed and signed in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and will pay the City $20 per sign. 13. The applicant shall develop detailed plans (including an erosion and sediment control plan) for the installation of the culvert at Pipewood Lane. A winter installation of this culvert is preferable. A professionally engineered temporary diversion of the stream through a stable channel during culvert installation is an acceptable alternative. 14. The applicant shall demonstrate that the installation of the 42" proposed culvert at Pipewood Lane will not cause water to back up through the existing 4' by 6' culvert under Highway 7 to the south side of Highway 7 in 10- and 100 -year storms. 15. All structures shall maintain a minimum 50 -foot setback from the ordinary high water level of the creek. 16. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year-round, according to the following table of slopes and time frames: Type of Slope Time (maximum time an area can remain unvegetated when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days These areas include constructed storm water management pond side slopes, any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet temporary or permanent drainage ditch or other manmade systems that discharge to a surface water. 17. Daily scraping and sweeping of public streets shall be completed anytime construction site soil, mud, silt or rock is tracked or washed onto paved surfaces or streets that would allow 61""44racked materials or residuals of that material to enter the storm water conveyance system. 0 0 Mr. Dean Carlson June 15, 2005 Hidden Creek Meadows Final Plat Page 3 18. The total SWMP fee due payable to the City at the time of final plat recording is $30,049.00. 19. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, United States Army Corps of Engineers) and comply with their conditions of approval. 20. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 21. Prior to final platting, storm sewer design data with a drainage map will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. The pond is required to be designed to National Urban Runoff Program (NURP) standards. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100 - year flood level. The minimum utility easement width shall be 20 feet wide. 22. Type R silt fence must be used adjacent to all ponds and wetlands. In addition, an erosion control blanket is required for the steep slopes along the north property line of the site. The applicant should be aware that any off-site grading would require an easement from the appropriate property owner. 23. The remaining utility assessment due payable to the City at the time of final plat recording is $25,477.05. In addition, the sanitary sewer and water hookup charges will be applicable for each of the new lots. The 2005 trunk utility hookup charges are $1,458 per unit for sanitary sewer and $2,955 per unit for water. Each of these charges is based on the number of SAC units calculated by the Metropolitan Council. 24. Public utility improvements will be required to be constructed in accordance with the City's latest editions of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, MNDOT, Department of Health, etc. 25. Show all of the existing and proposed easements on the plans. 26. Show all of the existing utilities on the plans. 27. Show all emergency overflow elevations on the grading plan. 28. The existing temporary pavement turnaround for Pipewood Lane just south of this site must be removed when Pipewood Lane is extended. Any disturbed area must be sodded and restored. 0 0 Mr. Dean Carlson June 15, 2005 Hidden Creek Meadows Final Plat Page 4 29. The existing gravel road known as Cartway Lane must be connected to the proposed cul-de- sac at the eastern border of the site. 30. The existing culvert across the street from Lot 9, Block 2 shall be connected to the storm sewer for Pipewood Lane. 31. A minimum of two overstory trees shall be required in the front yard setback area of each lot. 32. Tree protection fencing is required around all trees proposed to be saved. Any tree lost will be replaced at a rate of 2:1 diameter inches. 33. The following trees are required on each lot as shown on the landscape plan dated 05/23/05: Lot Dont yard Rear yard Lot 1, Block 1 2 9 Lot 2, Block 1 2 4 Lot 3, Block 1 2 6 Lot 4, Block 1 2 4 Lot 5, Block 1 2 4 Lot 6, Block 1 2 4 Lot 7, Block 1 2 5 Lot 8, Block 1 2 8 Lot 9, Block 1 2 5 Lot 1, Block 2 2 6 Lot 2, Block 2 2 4 Lot 3, Block 2 2 4 Lot 4, Block 2 2 2 Lot 5, Block 2 2 2 Lot 6, Block 2 2 2 Lot 7, Block 2 2 4 Lot 8, Block 2 2 4 Lot 9, Block 2 2 5 Lot 10, Block 2 2 4 Lot 11, Block 2 2 4 Lot 12, Block 2 2 5 Outlot A 22 (buffer plantin included in total) Outlot B 9 34. The developer shall be responsible for planting any trees located in the rear or side yards as shown on the landscape plan dated 05/23/05. E Mr. Dean Carlson June 15, 2005 Hidden Creek Meadows Final Plat Page 5 0 35. Tree preservation fencing shall be installed at the dripline of the tree saved on Lot 6, Block 2 prior to any grading. 36. Any plantings occurring on Outlots A or B be field located and no existing vegetation shall be removed or compromised for the planting of new trees. 37. The grading limits shown on the grading plan for Lot 2, Block 2, shall remain as is and the developer shall adapt to the existing plan as necessary to preserve a small group of maples 12" and larger. 38. Temporary rock fords should not be used; and crossing the stream with flowing water and no established stable crossing must be avoided. No work shall take place in the creek between the dates of March 15"' to June 15'b to minimize sediment impacts to spawning fish species. 39. MN DOT category 3 erosion blanket and seed should be applied to exposed creek slopes near/around Pipewood Lane within 24 hours of final grade. 40. Following storm water inlet installation, Wimco-type (or equal) inlet sediment controls should be installed and regularly maintained. 41. Following street and utility installation, Chanhassen -specification Type I silt fence or other approved perimeter sediment control is needed for all positive slopes curbside. 42. Show a 10 -foot drainage and utility easement along the east lot line of Lot 12, Block 2. A public easement for roadway purposes shall be dedicated over the northern 43.5 feet of Lot 12, Block 2. 43. The lot dimension data for the front lot line of Lot 8, Block 1, shall be added to the plat. 44. Submit storm sewer design data with a drainage map for staff review. 45. Approval of the final plat is contingent upon approval of final construction plans/specifications for the project along with the developer entering into a development contract with the City and supplying the necessary financial security and fees. 46. Submit the project utilities and public improvement specifications book for staff review. 47. Show the proposed street lights per City standards at every 300 -foot along the proposed street. Two signed mylar copies of the final plat shall be submitted to our office for signatures along with the signed development contract (enclosed), the required easements (road), the deeds for Outlots A and B and all required financial security and fees. Two 1 "=200' scale mylar reductions of the final plat and one 1 "=200' scale mylar reductions of the final plat with just street names and lot and block numbers shall be submitted. In addition, a digital copy in .dxf format and a digital copy in .tif format (pdf compatible) of the final plat shall be submitted. 0 0 Mr. Dean Carlson June 15, 2005 Hidden Creek Meadows Final Plat Page 6 The City will submit all the necessary documents to Carver County for recording of the subdivision. If you have any questions or need additional information, please contact me at (952) 227-1131. Should you have any questions, please feel free to contact me at (952) 227-1131. Robert Generous, AICP Senior Planner Enclosure ec: Lori Haak, Water Resources Coordinator Paul Oehme, City Engineer Steve Torell, Building Official gAplan\2004 planning c es\04-31 - hidden aeek meadows\approval letter fp.dm 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA HIDDEN CREEK MEADOWS DEVELOPMENT CONTRACT (Developer Installed Improvements) 0 SPECIAL PROVISIONS TABLE OF CONTENTS 9 PAGE 1. REQUEST FOR PLAT APPROVAL............................................................................SP-1 RIGHT TO PROCEED.................................................................................................GC-1 2. CONDITIONS OF PLAT APPROVAL........................................................................SP-1 2. 3. DEVELOPMENT PLANS............................................................................................SP-1 4. IMPROVEN ENL'S........................................................................................................SP-2 PRELAMARY PLAT STATUS................................................................................GC-1 5. TIME OF PERFORMANCE.........................................................................................SP-2 4. 6. SECURITY....................................................................................................................SP-2 7. NOTICE.........................................................................................................................SP-3 IMPROVEMENTS.......................................................................................................GC-1 8. OTHER SPECIAL CONDITIONS................................................................................SP-3 6. 9. GENERAL CONDITIONS............................................................................................SP-8 GENERAL CONDITIONS 1. RIGHT TO PROCEED.................................................................................................GC-1 2. PHASED DEVELOPMENT.........................................................................................GC-1 3. PRELAMARY 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 CONTROL........................................................................................GC-2 8A_ EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING....................................................................................................................GC-2 9. CLEANUP...................................................................................................................GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-3 11. CLAIMS........................................................................................................................GC-3 12. PARK DEDICATION..................................................................................................GC-3 13. LANDSCAPING..........................................................................................................GC-3 14. WARRANTY...............................................................................................................GC-4 15. LOT PLANS.................................................................................................................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. MLSCELLANEOUS A. Construction Trailers........................................................................................GC-6 B. Postal Service....................................................................................................GC-6 C. Third Parties......................................................................................................GC-7 D. Breach of Contract............................................................................................GC-7 1 0 0 E. Severability.......................................................................................................GC-7 F. Building Permits...............................................................................................GC-7 G. Waivers/Amendments.......................................................................................GC-7 H. Release..............................................................................................................GC-7 I. Insurance...........................................................................................................GC-7 J. Remedies...........................................................................................................GC-7 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-8 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-9 V. Soil Correction..................................................................................................GC-9 W. Haul Routes .........................................................................................................GC-10 X. Development Signs..............................................................................................GC-10 Y. Construction Plans...............................................................................................GC-10 Z. As -Built Lot Surveys...........................................................................................GC-10 it 0 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) HIDDEN CREEK MEADOWS SPECIAL PROVISIONS AGREEMENT dated June 13, 2005 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, D & G OF CHANHASSEN, LLC.(the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Hidden Creek Meadows (referred to in this Contract as the "plat'). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terns of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved June 13, 2005 prepared by Ryan Engineering. Plan B: Grading, Drainage and Erosion Control Plan dated May 23, 2005 prepared by Ryan Engineering. Plan C: Plans and Specifications for Improvements dated May 23, 2005 prepared by Ryan Engineering. Plan D: Landscape Plan dated May 23, 2005 prepared by Ryan Engineering. SP -1 0 0 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street lights G. Site Grading/Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install all required improvements by November 15, 2005. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $951,323.92. The amount of the security was calculated as 110% of the following: Site Grading/Restoration $ 370,550.00 Sanitary Sewer $ 54,195.00 Watermain $ 54,305.00 Storm Sewer, Drainage System, including cleaning and maintenance $ 75.517.00 Streets $192,717.93 Street lights and signs $ 9.500.00 Erosion control $ 18,665.00 Engineering, surveying, and inspection $ 41.140.00 Landscaping $ 48,250.00 TOTAL COST OF PUBLIC IMPROVEMENTS $� SP -2 0 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot 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: Dean Carlson D & G of Chanhassen, LLC 7820 Terrey Pine Court Eden Prairie, MN 55347 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit in the amount of $951,323.92 and pay an administration fee of $121,415.80. B. The applicant's engineer shall work with City staff in revising the construction plans to meet City standards. C. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. D. Demolition permits must be obtained prior to demolishing any structures on the site. E. Separate sewer and water services must be provided each lot. F. Retaining walls more than four feet high must be designed by a registered structural engineer and a building permit must be obtained prior to construction. SP -3 0 0 G. The sauna on Outlot B must be removed. H. Outlots A and B shall be dedicated to the City. I. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. J. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. Temporary street signs shall be installed on each street intersection when construction of new roadways allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. K. A 20 -foot clear space must be maintained around fine hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. L. Park fees totaling $68,000.00 shall be paid to the city prior to recording the final plat. M. The applicant shall create a five-year maintenance and monitoring plan for new wetland construction to ensure proposed wetland functions and values are obtained and non-native vegetation does not encroach into the mitigation area. The monitoring plan shall include the preparation of annual reports as required by the Minnesota Wetland Conservation Act. N. Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands on-site. All structures shall maintain a 40 -foot setback from wetland buffer edge. Wetland buffers and wetland buffer setbacks shall be shown on the grading plan. Wetland buffer areas shall be preserved, surveyed and signed in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and will pay the City $20 per sign. O. The applicant shall develop detailed plans (including an erosion and sediment control plan) for the installation of the culvert at Pipewood Lane. A winter installation of this culvert is preferable. A professionally engineered temporary diversion of the stream through a stable channel during culvert installation is an acceptable alternative. P. The applicant shall demonstrate that the installation of the 42" proposed culvert at Pipewood Lane will not cause water to back up through the existing 4' by 6' culvert under Highway 7 to the south side of Highway 7 in 10 and 100 -year storms. Q. All structures shall maintain a minimum 50 -foot setback from the ordinary high water level of the creek. SP -4 0 0 R. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year-round, according to the following table of slopes and time frames: These areas include constructed storm water management pond side slopes, any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet temporary or permanent drainage ditch or other man made systems that discharge to a surface water. S. Daily scraping and sweeping of public streets shall be completed anytime construction site soil, mud, silt or rock is tracked or washed onto paved surfaces or streets that would allow tracked materials or residuals of that material to enter the storm water conveyance system. T. The total SWMP fee due payable to the City at the time of final plat recording is $30,049.00. U. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, United States Army Corps of Engineers) and comply with their conditions of approval. V. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. W. Prior to final platting, storm sewer design data with a drainage map will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. The pond is required to be designed to National Urban Runoff Program (NURP) standards. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100 -year flood level. The minimum utility easement width shall be 20 feet wide. X. Type II silt fence must be used adjacent to all ponds and wetlands. In addition, an erosion control blanket is required for the steep slopes along the north property line of the site. The applicant should be aware that any off-site grading would require an easement from the appropriate property owner. Y. The remaining utility assessment due payable to the City at the time of final plat recording is $25,477.05. In addition, the sanitary sewer and water hookup charges will be SP -5 Time (maximum time an area can remain unvegetated Type of Slope when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days These areas include constructed storm water management pond side slopes, any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet temporary or permanent drainage ditch or other man made systems that discharge to a surface water. S. Daily scraping and sweeping of public streets shall be completed anytime construction site soil, mud, silt or rock is tracked or washed onto paved surfaces or streets that would allow tracked materials or residuals of that material to enter the storm water conveyance system. T. The total SWMP fee due payable to the City at the time of final plat recording is $30,049.00. U. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, United States Army Corps of Engineers) and comply with their conditions of approval. V. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. W. Prior to final platting, storm sewer design data with a drainage map will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. The pond is required to be designed to National Urban Runoff Program (NURP) standards. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100 -year flood level. The minimum utility easement width shall be 20 feet wide. X. Type II silt fence must be used adjacent to all ponds and wetlands. In addition, an erosion control blanket is required for the steep slopes along the north property line of the site. The applicant should be aware that any off-site grading would require an easement from the appropriate property owner. Y. The remaining utility assessment due payable to the City at the time of final plat recording is $25,477.05. In addition, the sanitary sewer and water hookup charges will be SP -5 0 0 applicable for each of the new lots. The 2005 trunk utility hookup charges are $1,458 per unit for sanitary sewer and $2,955 per unit for water. Each of these charges is based on the number of SAC units calculated by the Metropolitan Council. Z. Public utility improvements will be required to be constructed in accordance with the City's latest editions of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, MNDOT, Department of Health, etc. AA. Show all of the existing and proposed easements on the plans. BB. Show all of the existing utilities on the plans. CC. Show all emergency overflow elevations on the grading plan. DD. The existing temporary pavement turnaround for Pipewood Lane just south of this site must be removed when Pipewood Lane is extended. Any disturbed area must be sodded and restored. EE. The existing gravel road known as Cartway Lane must be connected to the proposed cul- de-sac at the eastern border of the site. FF. The existing culvert across the street from Lot 9, Block 2 shall be connected to the storm sewer for Pipewood Lane. GG. A minimum of two overstory trees shall be required in the front yard setback area of each lot. HH.Tree protection fencing is required around all trees proposed to be saved Any tree lost will be replaced at a rate of 2:1 diameter inches. II. The following trees are required on each lot as shown on the landscape plan dated 05/23/05: Lot Front ard Rear yKd Lot 1, Block 1 2 9 Lot 2, Block 1 2 4 Lot 3, Block 1 2 6 Lot 4, Block 1 2 4 Lot 5, Block 1 2 4 Lot 6, Block 1 2 4 Lot 7, Block 1 2 5 E1M 0 0 Lot Front and Rear yard Lot 8, Block 1 2 8 Lot 9, Block 1 2 5 Lot 1, Block 2 2 6 Lot 2, Block 2 2 4 Lot 3, Block 2 2 4 Lot 4, Block 2 2 2 Lot 5, Block 2 2 2 Lot 6, Block 2 2 2 Lot 7, Block 2 2 4 Lot 8, Block 2 2 4 Lot 9, Block 2 2 5 Lot 10, Block 2 2 4 Lot 11, Block 2 2 4 Lot 12, Block 2 2 5 Outlot A 22 (buffer plantings included in total) Outlot B 9 JJ. The developer shall responsible for planting any trees located in the rear or side yards as shown on the landscape plan dated 05/23/05. KK. Tree preservation fencing shall be installed at the dripline of the tree saved on Lot 6, Block 2 prior to any grading. LL. Any plantings occurring on Outlots A or B be field located and no existing vegetation shall be removed or compromised for the planting of new trees. MM. The grading limits shown on the grading plan for Lot 2, Block 2, shall remain as is and the developer shall adapt to the existing plan as necessary to preserve a small group of maples 12" and larger. NN. Temporary rock fords should not be used; and crossing the stream with flowing water and no established stable crossing must be avoided. No work shall take place in the creek between the dates of March 15th to June 15`s to minimize sediment impacts to spawning fish species. 00. MnDOT category 3 erosion blanket and seed should be applied to exposed creek slopes near/around Pipewood Lane within 24 hours of final grade. SP -7 0 0 PP. Following stormwater inlet installation Wimco-type (or equal) inlet sediment controls should be installed and regularly maintained. QQ. Following street and utility installation, Chanhassen -specification Type -1 silt fence or other approved perimeter sediment control is needed for all positive slopes curbside. RR. Show a 10 -foot drainage and utility easement along the east lot line of Lot 12, Block 2. A public easement for roadway purposes shall be dedicated over the northern 43.5 feet of Lot 12, Block 2. SS. The lot dimension data for the front lot line of Lot 8, Block 1, shall be added to the plat. TT. Submit storm sewer design data with a drainage map for staff review. UU. Approval of the final plat is contingent upon approval of final construction plans/specifications for the project along with the developer entering into a development contract with the City and supplying the necessary financial security and fees. W. Submit the project utilities and public improvement specifications book for staff review. WW. Show the proposed street lights per City standards at every 300 -foot along the proposed street." 9. General Conditions. The general conditions of this Contract are attached as Exhibit 'B" and incorporated herein. M 0 9 CITY OF CHANHASSEN Thomas A. Furlong, Mayor (SEAL) Todd Gerhardt, City Manager D & G OF CHANHASSEN, U.C. 1W STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) Dean Carlson The foregoing instrument was acknowledged before me this day of 20_, 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 20_, by Dean Carlson, D & G of Chanhassen, LC. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 SP -9 NOTARY PUBLIC 0 EXHIBIT "A" 0 TO DEVELOPMENT CONTRACT LEGAL DESCRUMON OF SUBJECT PROPERTY: All that portion of the Northeast Quart of the Northeast quarter of Section 6, Township 116, North of Range 23 West, lying South of the Minneapolis and St. Louis Railroad Company's right of way as now established, Carver County, Minnesota. Records of Carver County Abstract Property Property Address: 4001 Aster Trail, Chanhassen, MN 55331 And That part of Lot 8, Schmid's Acre Tracts, lying north of a westerly extension across said Lot 8 of the south line of Lot 6, Schmid's Acre Tracts; together with an easement fro driveway purposes over and across the east 50 feet of that part of Lot 8, lying northerly of a line parallel with and distant 16.5 feet southerly of a westerly extension of the said south line of said Lot 6 across said Lot 8, Schmid's Acre Tracts. Property Address: 3921 Aster Trail, Chanhassen, MN 55331 And That part of Lot 8, Schmid's acre Tracts, lying south of a westerly extension across said Lot 8 of the south fine of Lot 6, Schmid's Acre Tracts. Established, Carver County, Minnesota. Records of Carver County Abstract Property Property Address: 3931 Aster Trail, Chanhassen, MN 55331 Umal Lot 7, Schmids Acre Tracts, according to the recorded plat thereof on file and of record in the office of the Register of Deeds, Carver County, Minnesota. Abstract Property Property Address: 6301 Cartway Lane, Chanhassen, MN 55331 SP -10 0 0 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 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 SP -11 NOTARY PUBLIC 0 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 SP -12 NOTARY PUBLIC 0 0 IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank. 1Tr rs a_Y a) Bear the clause, "Drawn under Letter of Credit No. dated 2 , of (Name of Bank) 11 , b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. lI Its SP -13 0 0 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for 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 permits from the Metropolitan Council Environmental Services and other pertinent GC -1 0 agencies before proceeding with construction. The City will, at the Developers expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineers 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 Developers 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 Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion 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. If the Developer does not comply with the erosion control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developers 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 Developers 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 control requirements. Erosion 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 control, the City will authorize the removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 20-94. Ww 0 0 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half (2r%) 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 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 October 1 through May 1 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 GC -3 0 0 incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 20-94 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 eighteen (18) months 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. The Developer also acknowledges overall sanitary sewer and water trunk availability to the site and the hook-up charges established by the City as reasonable compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said hook-up charges are collectible at time of building permit unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street GC -4 0 0 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. Any upgrade to City standard lights, monthly operation and maintenance fee charges shall be paid by the developer. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as -built' plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the 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; 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 fust $500,000 and two percent (2%) of construction costs over $500,000; if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (Zi%) of construction costs for the first $1,000,000 and one and one-half percent (1'h%) 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 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 20E of this Agreement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat CKIs7 0 9 approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and 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 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 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. 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 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. WWW 0 0 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 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. GC -7 0 0 I 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 Developers 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 for required improvements under this contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under emergency conditions, this limitation may be waived by the consent of the City Engineer. Any approved work performed after dark shall be adequately illuminated. If construction occurs outside of the permitted construction hours, the Developer shall pay the following administrative penalties: First violation Second violation Third & subsequent violations $ 500.00 $ 1,000.00 All site developm t and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhoms, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) LOW, • 0 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 stone 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 Re lations' 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. WatershedDistrict(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils GC -9 0 0 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. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail (CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a haul route for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. 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 sixty (60) days after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2) two complete full-size sets of blue line/paper as -built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in both Axf & .tif format (the Axf file must be tied to the current county coordinate system), and (8) digital file of utility tie sheets in either Aoc or .tif format. 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. Rev. 351/04 GC -10 SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 0 0 April 27, 2005 CITY OF CIIANIIASSEN Mr. Dean Carlson 7700 Market Boulevard D & G of Chanhassen, LLC PO Box 147 7820 Terrey Pine Court Chanhassen, MN 55317 Eden Prairie, MN 55347 Administration Phone: 952.227.11W Re: Preliminary Plat Approval — Hidden Creek Meadows Fax 952.227.1110 Planning Case #04-31 Building Inspections Phone: 952.227.1180 Dear Dean: Fax 952.227.1190 On April 25, 2005, the Chanhassen City Council approved the following: Engineering Phone221.100 Fax: 952.227.1170 Preliminary Plat approval for a subdivision with a variance for a flag lot Plans prepared by Ryan Engineering, dated August 20, 2004, revised October 14, 2004 and Finance January 14, 2005, subject to the following conditions: Phone: 952.227.1140 Fax: 952.221.1110 1. A final grading plan and soils report must be submitted to the Inspections Park & Recreation Division before building permits will be issued. Phone: 952.227.1120 Fax:952.227.1110 2• Demolition permits must be obtained prior to demolishing any structures on the Recreation Center site. 2310 Coulter Boulevard Phone. 952.227.1400 Fax: 952.227.1404 3. Separate sewer and water services must be provided each lot. Planning d 4. Retaining walls more than four feet high must be designed by a registered Natural Resources Phone: 952.227.1130 structural engineer and a building permit must be obtained prior to construction. Fax: 952.227.1110 5. The sauna on Outlot B must be removed. Public Works 1Park Asad Phone:ne: 952.227.13W 6. Outlots A d B shall be dedicated to the Ci ancate7.y Fax 952.227.1310 7. No burning permits will be issued for trees to be removed. Trees and shrubs Senior Center Phone: 952.227.1125 must either be removed from site or chipped. Fax: 952.227.1110 8. Fire apparatus access roads and water supply for fire protection is required to be Web She installed. Such protection shall be installed and made serviceable prior to and www'p'charrhassew'non'us during the time of construction except when approved alternate methods of protection are provided. Temporary street signs shall be installed on each street intersection when construction of new roadways allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mr. Dean Carlson April 27, 2005 Hidden Creek Meadows Page 2 9. A 20 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 10. Full park fees shall be collected at the rate in force at the time of final plat for 17 single-family residential lots. 11. The grading on Lots 10-12, Block 2 shall be revised to avoid grading within the wetland. 12. The applicant shall create a five-year maintenance and monitoring plan for new wetland construction to ensure proposed wetland functions and values are obtained and non-native vegetation does not encroach into the mitigation area. The monitoring plan shall include the preparation of annual reports as required by the Minnesota Wetland Conservation Act. 13. Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands on-site. All structures shall maintain a 40 -foot setback from wetland buffer edge. Wetland buffers and wetland buffer setbacks shall be shown on the grading plan. Wetland buffer areas shall be preserved, surveyed and signed in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and will pay the City $20 per sign. 14. The applicant shall develop detailed plans (including an erosion and sediment control plan) for the installation of the culvert at Pipewood Lane. A winter installation of this culvert is preferable. A professionally engineered temporary diversion of the stream through a stable channel during culvert installation is an acceptable alternative. 15. The applicant shall demonstrate that the installation of the 42" proposed culvert at Pipewood Lane will not cause water to back up through the existing 4' by 6' culvert under Highway 7 to the south side of Highway 7 in 10 and 100 -year storms. 16. All structures shall maintain a minimum 50 -foot setback from the ordinary high water level of the creek. 17. The applicant shall submit calculations to ensure that the pond is sufficient to provide water quality treatment to NURP standards for storm water from the development. 18. The proposed storm water pond shall be designed to accommodate storm water from the upstream areas of the MC -A2.6 subwatershed. 19. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year-round, according to the following table of slopes and time frames: 0 0 Mr. Dean Carlson April 27, 2005 Hidden Creek Meadows Page 3 Type of Slope Time (maumom time an area can remain unvegetated when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days These areas include constructed storm water management pond side slopes, any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet temporary or permanent drainage ditch or other man made systems that discharge to a surface water. 20. Daily scraping and sweeping of public streets shall be completed anytime construction site soil, mud, silt or rock is tracked or washed onto paved surfaces or streets that would allow tracked materials or residuals of that material to enter the storm water conveyance system. 21. At this time, the estimated total SWMP fee due payable to the City at the time of final plat recording is $45,348. 22. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, United States Army Corps of Engineers) and comply with their conditions of approval. 23. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 24. Prior to final platting, storm sewer design data with a drainage map will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. The pond is required to be designed to National Urban Runoff Program (NURP) standards. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100 -year flood level. The minimum utility easement width shall be 20 feet wide. 25. Type H silt fence must be used adjacent to all ponds and wetlands. In addition, an erosion control blanket is required for the steep slopes along the north property line of the site. The applicant should be aware that any off-site grading would require an easement from the appropriate property owner. 26. The remaining utility assessment due payable to the City at the time of final plat recording is $25,477.05. In addition, the sanitary sewer and water hookup charges will be applicable for each of the new lots. The 2005 trunk utility hookup charges are $1,458 per unit for sanitary sewer and $2,955 per unit for water. Each of these charges is based on the number of SAC units calculated by the Metropolitan Council. 27. Public utility improvements will be required to be constructed in accordance with the City's latest editions of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to 0 Mr. Dean Carlson April 27, 2005 Hidden Creek Meadows Page 4 enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, MNDOT, Department of Health, etc. 28. Show all of the existing and proposed easements on the plans. 29. Show all of the existing utilities on the plans. 30. The proposed development is required to meet the existing storm water runoff rates for the 10 - and 100 -year, 24-hour storm events. 31. The walk -out elevation of the proposed homes must be a minimum of 3 feet higher than the adjacent pond or wetland high -water -level. 32. Show the proposed storm manhole rim and invert elevations on the utility plan. 33. Show all emergency overflow elevations on the grading plan. 34. The existing temporary pavement turnaround for Pipewood Lane just south of this site must be removed when Pipewood Lane is extended. Any disturbed area must be sodded and restored. 35. The retaining wall in the rearyard of Lot 7, Block 1 must be 20 feet off the back of the building pad. 36. Revise the rearyard grading of Lot 9, Block 1 to prevent trapping water behind the curb. Either a catch basin will need to be added or the area will have to be re -graded with a minimum slope of 2% to drain from the rearyard to the street. 37. The existing gravel road known as Cartway Lane must be connected to the proposed cul-de-sac at the eastern border of the site. 38. The existing culvert across the street from Lot 9, Block 2 be connected to the storm sewer for Pipewood Lane. 39. A minimum of two overstory trees shall be required in the front yard setback area of each lot. 40. Tree protection fencing is required around all trees proposed to be saved. Any tree lost will be replaced at a rate of 2:1 diameter inches. 41. The applicant shall confirm the tree canopy coverage and preservation calculations. A total of 193 trees will be required to be planted unless otherwise noted. 42. The following trees are required on each lot as shown on the landscape plan dated 1/14/05: • 0 Mr. Dean Carlson April 27, 2005 Bidden Creek Meadows Page 5 Lot Front azd Reaz and Lot 1, Block 1 2 6 Lot 2, Block 1 2 3 Lot 3, Block 1 2 3 Lot 4, Block 1 2 3 Lot 5, Block 1 2 3 Lot 6, Block 1 2 4 Lot 7, Block 1 2 5 Lot 8, Block 1 2 6 Lot 9, Block 1 2 2 Lot 1, Block 2 2 4, 3 side yard Lot 2, Block 2 2 2 Lot 3, Block 2 2 4 Lot 4, Block 2 2 2 Lot 5, Block 2 2 2 Lot 6, Block 2 2 2 Lot 7, Block 2 2 4 Lot 8, Block 2 2 3 Lot 9, Block 2 2 4 Lot 10, Block 2 2 4 Lot 11, Block 2 2 5 Lot 12, Block 2 2 1 Oudot A 30 (buffer plantin s included in total) Outlot B 9 43. A landscape plan with a plant schedule that specifies the proposed quantities of each species shall be submitted to the city prior to final plat approval. 44. The developer shall responsible for planting any trees located in the rear or side yards as shown on the landscape plan dated 1/14/05. 45. The applicant shall plant only species adaptable to wet sites near the wetland boundary edge. 46. Tree preservation fencing shall be installed at the dripline of the tree saved on Lot 6, Block 2 prior to any grading. 47. Any plantings occurring on Outlots A or B be field located and no existing vegetation shall be removed or compromised for the planting of new trees. 48. The applicant shall install landscaping at the end of the Pipewood Lane and along the east boundary of Lot 12, Block 2 around the cul-de-sac. Evergreens and ornamentals shall be installed so as to reduce headlight glare and buffer views of the street from the existing homes. A minimum of 9 evergreens and 3 ornamentals shall be planted along the cul-de-sac and along the east side of the flag lot maintaining planting density of the cul-de-sac along the east border. 0 Mr. Dean Carlson April 27, 2005 Hidden Creek Meadows Page 6 E 49. The applicant shall remove Colorado blue spruce from the plant schedule and replace it with white fir or a species of pine. 50. The grading limits shown on the grading plan for Lot 2, Block 2, shall remain as is and the developer shall adapt to the existing plan as necessary to preserve a small group of maples 12" and larger. 51. Temporary rock fords should not be used; and crossing the stream with flowing water and no established stable crossing must be avoided. No work shall take place in the creek between the dates of March 15"to June 15'b to minimize sediment impacts to spawning fish species. 52. MN DOT category 3 erosion blanket and seed should be applied to exposed creek slopes near / around Pipewood Lane within 24 hours of final grade. 53. Following stormwater inlet installation Wimco-type (or equal) inlet sediment controls should be installed and regularly maintained. 54. Following street and utility installation, Chanhassen -specification Type -1 silt fence or other approved perimeter sediment control is needed for all positive slopes curbside. 55. The silt fence proposed across the existing and proposed Pipewood Lane is not practical due to site access needs. 56. The applicant will work with staff to resolve the access issues on Cartway Lane. 57. The cul-de-sac right-of-way shall be shifted to the west 10 feet and the neck for lot 12 shall be extended along the east side of the cul-de-sac to provide area outside of the right-of-way for the recommended landscaping. A public easement for drainage, roadway, and utility purposes must be dedicated over the northern 43.5 feet of Lot 12, Block 2." And, Wetland Alteration Permit, plans prepared by Ryan Engineering, dated August 20, 2004, revised October 14, 2004 and January 14, 2005, subject to the following conditions: 1. The grading on Lots 10-12, Block 2 shall be revised to avoid grading within the wetland. 2. The applicant shall submit a five-year maintenance and monitoring plan for new wetland constriction to ensure proposed wedand functions and values are obtained and non-native vegetation does not encroach into the mitigation area. The monitoring plan shall include the preparation of annual reports as required by the Minnesota Wetland Conservation Act. Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands on-site. All structures shall maintain a 40 -foot setback from wetland buffer edge. Wetland buffers and wetland buffer setbacks shall be shown on the grading plan. Wetland buffer areas shall be preserved, surveyed and signed in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and will pay the City $20 per sign. LI Mr. Dean Carlson April 27, 2005 Hidden Creek Meadows Page 7 4. Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, and storm water infrastructure. Easements shall be at least 20 feet in width to allow access for inspection and maintenance. 5. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year-round, according to the following table of slopes and time frames: Type of Slope Time (ma)dmum time an area can remain unvegetaled when area is not actively being worked) Sweper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days These areas include constricted storm water management pond side slopes, any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet temporary or permanent drainage ditch or other man made systems that discharge to a surface water. 6. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, United States Army Corps of Engineers) and comply with their conditions of approval." Final plat documents must be submitted to the city three weeks prior to the City Council meeting in which you wish to have your final plat approved. Enclosed is the list of items required for submittal for final plat approval. Should you have any questions, please feel free to contact me at (952) 227-1131. Sin Robert Generous, AICP Senior Planner Enclosure ec: Lori Haak, Water Resources Coordinator Matt Saam, Assistant City Engineer Steve Torell, Building Official 9-WMX2004 phmnmg casuX04-31 - hidden aeric meadowslappeaM laraAoc ITEMS REQUIRED FOR FINAL PLAT CONSIDERATION 6/9/04 The following items are required to be submitted a minimum of three (3) weeks prior to City Council meeting and payment of a $250.00 final plat review fee: 1. Submit three (3) sets of construction plans and specifications for staff review and redline. The construction plans and specifications shall be in accordance to the City's latest edition of Standard Specifications & Detail Plates. The plans shall include traffic signage and street light placement. Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water and storm sewer lines). Grading and drainage plans shall show dwelling type and elevations, wetlands and wetland buffer areas, stormwater pond NWLS and HWLS, catch basin, and storm manhole numbers. 2. Drainage calculations for water quantity and quality ponding with maps showing drainage areas for pre -and post -development conditions and contributing areas to catch basins. 3. Tree Preservation Easements (if applicable). 4. Trail Easements (if applicable). 5. Landscape Plan and Cost Estimates (Woodland Management Plan, if applicable). 6. Engineers Cost Estimate of Public Improvements: a. Sanitary sewer system. b. Water system. C. Storm sewer drainage system including cleaning and maintenance. d. Streets, sidewalk and trails. C. Erosion control. I. Site restoration (seeding, sodding, etc.). g. Site grading 7. Ten (10) sets (folded) of final plat, one (1) set of reductions (8'/i' x 11"), a digital copy in .dwg format (AutoCAD compatible), and a digital copy in .tif format. 8. Digital copy of the legal description of the property in a Aoc or .pdf compatible format. 9. Lot tabulations 10. 1" = 200' scale paper or mylar reduction of the final plat with just street names and Lot and Block numbers. Failure to provide any of the above items by the required deadline will result in delaying consideration of final plat before the City Council. gAengVor Uniplat submittal.dm 03/28/05 MON 17:11 FAX 9529748396 DEANCARLSONPARTNERS.COM • • FAX TRANSMITTAL TO 'f317b p&A (QQS FAX #: O DATE: 310Z o PHONE: 7820 Terrey Pine Court, Eden Prairie MN 55347 E -Mail : carlsonpartnersa_cbburnet.com 1roQers(a)cbbumet.com Return Fax: 952-974-8396 Dean Carlson Linda Rogers Debbie Shafer Jennifer Johnson ON 952-949-4715 952-974-3477 952-949-4754 952-949-4824 Number of Pages (including cover) If all pages are not received please call the sender directly. SCANNED Z001 ti MON 17:11 FAX 9529748396 DEANCARLSONPARTNERS.COM 0 002 • 0 City of Chanhassen March 27' 2005 7700 Market Blvd. Chanhassen, MN. 55317 Attn: Planning Department Subdivision application for: Hidden Creek Meadows Thank you all your efforts to keep us on the schedule for the city council meeting. However, due to timing issues for soils reports and issues out of our control I regretfully request that the Hidden Creek Meadows plat approval be withdrawn from the March 28th city council meeting agenda. D & G of Chanhassen, LLC., further grants at the request of the city an extension to the 60 day review period for the project application for the "Hidden Creek Meadow" development through April 25t' 2005. Please place us on the City council meeting agenda for April 25th 2005. Sincerely �—Carlson �— Development Manager D & G of Chanhassen, LLC. 7820 Terrey Pine Court Eden Prairie MN 55347 952-949-4715 0 City of Chanhassen 7700 Market Blvd. Chanhassen, MN. 55317 Attn: Planning Department Subdivision application for: Hidden Creek Meadows February 28, 2005 D & G of Chanhassen, LLC., formally grants at the request of the city a 60 day extension to the 60 day review period for the project application for the "Hidden Creek Meadow" development through March 28`h 2005. Please place us on the City council meeting agenda for March 28`h 2005 Sincerely Dean Carlson Development Manager D & G of Chanhassen, LLC. 7820 Terrey Pine Court Eden Prairie MN 55347 952-949-4715 0 City of Chanhassen 7700 Market Blvd. Chanhassen, MN. 55317 Attn: Planning Department Subdivision application for: Hidden Creek Meadows 0 RECEIVED DEC 0 2 2004 CITY OF CHANHASSEN November 23`" 2004 D & G of Chanhassen, LLC., formally grants at the request of the city a 60 day extension to the 60 day review period for the project application for the "Hidden Creek Meadow" development. It is our intention to update the application with the requested revisions from The city prior to December 1 Os' 2004 in keeping with the scheduled meeting for January 4h 2005. Sincerely Dean Carlson Development Manager D & G of Chanhassen, LLC. 7820 Terrey Pine Court Eden Prairie MN 55347 952-949-4715 SCANNED Recreation Center • Revise the end of Pipewood Lane to provide a cul-de-sac in the CITY OF September 3, 2004 CWHESEN 7700 Market Boulevard Mr. Dean Carlson PO Box 147 D & G of Chanhassen, LLC Via Fax and U.S. Mail Chanhassen, MN 55317 7820 Terrey Pine Court Administration Eden Prairie, MN 55347-1126 Phone: 952.227.1100 submittal deadline is September 17, 2004 for a public hearing by the Planning Fax: 952.227.1110 Re: Hidden Creek Meadows Building Inspections additional information, please contact me at 952 227-1131 or email me at Phone: 952.227.1180 Dear Mr. Carlson: Fax: 952.227.1190 Engineering Upon further review and in addition to the comments made in our letter of Phone: 952.227.1160 August 23, 2004, the following revisions shall be made to the preliminary plat Fax: 952.227.1170 for Hidden Creek Meadows: Finance Phone: 9522271140 • Show the access to the Gary Carlson property, north of Hidden Creek Fax 952.2271110 Meadows, going north from Cartway Lane. The access shall be Park & Recreation located such that the property can be further subdivided without the Phone 952.227.1120 need for a variance. Provide a ghost plat verifying this requirement. Fax: 952.227.1110 Recreation Center • Revise the end of Pipewood Lane to provide a cul-de-sac in the 2310 Cruller Boulevard vicinity of Outlots A and B, rather than extending the street northeast Phone: 952.227.1400 Fax: 952.227.1404 to the Gary Carlson property. This is necessary to eliminate the potential for double fronting lots within the Gary Carlson property. Planning & Natural resources Phone: 952.227.1130 9 changes result g pushing These chwill lt in ushin back the submittal time -frame. The next Fax: 952.227.1110 submittal deadline is September 17, 2004 for a public hearing by the Planning Commission on October 19, 2004. If you have any questions or need Public Works 1591 Park Road additional information, please contact me at 952 227-1131 or email me at Phone: 952.227.1300 b¢enerous@ci.chanhassen.mn.us. Fax: 952.227.1310 Senior Center Since Phone: 952.227.1125 Fax: 952.227.1110 Web Site wnw.ci.chanhassen.mn.us Robert Generous, AICP Senior Planner The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. FAX COVER SHEET Uff 0F Date: l CUMM Company`: d" 7700 Market Blvd. Attention:C&J P.O. Box 747 ^ Z n r Chanhassen, MN 55317 Fax Number: �`'�i `� `f General Phone: 952-227-1100 Sent By: Administrative Fax: 952-227-1110/ Bldg/Inspections Fax: 952-227-1190 Direct Dial No: Z— 2-2—'? % f Engineering Fax: 952-227-1170 Park/Recreation Fax: 952-227-1110 Planning Fax: 952-227-1110 Sending pages, including cover page. Public Works Fax: 952-227-1310 Recreation Center Fax: 952-227-1404 ❑ Please find the information you requested Web Address: www.c4chanhassen.mn.us ❑ Please review and call me ❑ Please call to confirm receipt of this fax If you do not receive all pages, or are experiencing other problems in transmission, please call the sender at his or her direct dial number. August 23, 2004 VIAMMail and Post Mr. Dean Carlson D & G of Chanhassen LLC 7820 Terrey Pine Court Eden Prairie, MN 55347-1126 CITY OF Re: Hidden Creek Meadows CHANIIASSEN Dear Mr. Carlson: 7700 Market Boulevard Staff has reviewed the submittal for Hidden Creek Meadows subdivision. Based on our review of the PO Box 147 plans, we find that the application is incomplete for review. The following information and revisions must Chanhassen, MN 55317 be made to the plans prior to the City accepting the application for review: Administration . Provide storm water ponding and drainage calculations including 10 -year and 100 -year runoff rates. Phone: 952.227.1100 Fax: 952.227.1110 • Provide the wetland delineation report. Building Inspections Phone: 952.227.1180 • Provide a wetland replacement plan application. Fax: 952.227.1190 Engineering • Adjust the lot lines for both Block 1 and 2 such that Lot 1 has more buildable area. Phone: 952.227.1160 Fax: 952227.1170 • Provide a cul-de-sac option for Cartway Lane in addition to the connection to Meadow Court. Note for the cul-de-sac option the required right-of-way shall be 60 feet. Finance Phone: 952.227.1140 • Lot 5, Block 2 does not have sufficient lot area and must be enlarged. Fax:952.227.1110 Park II Recreation • The east lot line for Lot 5, Block 2 must be substantially at a right angle to the right-of-way. Phone: 952.227.1120 Fax: 952.227.1110 • Lot 6, Block 2, must have 90 feet of frontage on both right-of-ways. Recreation Center 2310 Coulter Boulevard • Provide a narrative justifying the variance for the flag lot (Lot 13, Block 2) pursuant to section 18 - Phone: 952.227.1400 57(q) Fax: 952.227.1404 Planning & • Note that the connection to the Carlson property should be from Cartway Lane rather than an extension Natural Resources of Pipewood Lane. Provide a turnaround at the north end of Pipewood Lane. Phone: 952.227.1130 Fax: 952.227.1110 • Provide a breakdown of the number of each type of tree to be planted (sheet P-5), rather than a total number. Public Works 1ne: Park Road If you can get this information in on Monday, August 23, 2004, I can keep you on the agenda for Planning Phone.52, 22.17300 Commission on September 21, 2004. The next submittal deadline is September 3, 2004 for the October 5, Fax: 952,227.1310 P p 2004 Planning Commission. Senior Center Phone: 952.227.1125 If you have any questions or need additional information, please contact me at (952) 227-1131 or Fax 952227.1110 bgenerous@ci.chanhassen.mn.us. Web Site Sinc www.ci.chanhassen.mn.us Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Lori Haak, Water Resources Coordinator Matt Saam, Assistant City Engineer 9:V1an%9Wdden creek meadows iwomplew.dw The City of Chan hass en • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautitul parks. A gnat place to live, work, and play.