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CC Staff Report 8-12-19CITY COUNCIL STAFF REPORT Monday, August 12, 2019 Subject Approve Final Plat, Plans and Specifications and Development Contract for The Park Section OLD BUSINESS Item No: F.1. Prepared By Kate Aanenson, Community Development Director File No: 2019­01 PROPOSED MOTION "The City Council approves The Park Final Plat, Development Contract and Construction Plans and Specifications." Approval requires a Simple Majority Vote of members present. SUMMARY The applicant, Lennar,is requesting approval of the plat for The Park Subdivision. The Park will create 55 lots, seven outlots, and right­of­way for public streets for the property. BACKGROUND On July 7, 2019, the City Council reviewed changes to the preliminary plat to ensure it met the Conditions of Approval from the March 11, 2019 meeting.  The City Council also approved the grading plan for Phase 1.  The 8­ stall parking lot has being relocated to the south side of the street from its current location.  The approved PUD governs the standards for the development including the maximum of 31 Villa homes. Staff has reviewed the revised final plat to ensure the Conditions of Approval and all city standards are being met. RECOMMENDATION Staff is recommending approval of the final plat for The Park including: Development Contract Construction Plans and Specifications CITY COUNCIL STAFF REPORTMonday, August 12, 2019SubjectApprove Final Plat, Plans and Specifications and Development Contract for The ParkSectionOLD BUSINESS Item No: F.1.Prepared By Kate Aanenson, CommunityDevelopment Director File No: 2019­01PROPOSED MOTION"The City Council approves The Park Final Plat, Development Contract and Construction Plans and Specifications."Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant, Lennar,is requesting approval of the plat for The Park Subdivision. The Park will create 55 lots, sevenoutlots, and right­of­way for public streets for the property.BACKGROUNDOn July 7, 2019, the City Council reviewed changes to the preliminary plat to ensure it met the Conditions ofApproval from the March 11, 2019 meeting.  The City Council also approved the grading plan for Phase 1.  The 8­stall parking lot has being relocated to the south side of the street from its current location.  The approved PUD governsthe standards for the development including the maximum of 31 Villa homes.Staff has reviewed the revised final plat to ensure the Conditions of Approval and all city standards are being met.RECOMMENDATIONStaff is recommending approval of the final plat for The Park including: Development Contract Construction Plans and Specifications ATTACHMENTS: Staff Report Development Contract Final Plat PUD Ordinance Compliance Table Landscape Plan MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson, AICP Community Development Director Erik Henricksen, EIT Jill Sinclair, Environmental Resources Coordinator Todd Hoffman, Park and Recreation Director DATE: August 12, 2019 SUBJ: Approve The Park Final Plat, Development Contract and Plans and Specifications Planning Case 2019-01 PROPOSAL SUMMARY The applicant, Lennar, is requesting approval of the plat for The Park subdivision. The Park will create 55 lots, seven outlots, and right-of-way for public streets for the property. BACKGROUND On March 11, 2019, the Chanhassen City Council approved the following: • The Rezoning of 191 acres from Rural Residential District, RR, to Planned Unit Development - Residential, PUD-R; including the PUD ordinance 'Galpin Design Standards'; • The Wetland Alteration Permit of 1.28 acres of wetland impacts subject to conditions in the staff report; and • The Subdivision Preliminary Plat creating 169 lots, three outlots and dedication of public right-of-way as shown in plans prepared by Pioneer Engineering dated February 28, 2019, to be modified to match the site plan presented on March 11, 2019, with the reduction of four lots, subject to the following conditions: Stated in the Conditions of Approval section. PROPOSED MOTION “The Chanhassen City Council approves The Park Final Plat, Development Contract and Plans and Specifications”. Approval requires a simple majority vote of City Council. Todd Gerhardt The Park Final Plat August 12, 2019 Page 2 On April 5, 2019, Lennar submitted a revised preliminary plat that was consistent with the Conditions of Approval of the March 11, 2019 City Council action. Those plans were modified on May 24, 2019. On July 7, 2019, the City Council reviewed the changes in the preliminary plat and approved a grading plan. The 8-stall parking lot has being relocated to the south side of the street from its current location. The approved PUD governs the standards for the development including the maximum of 31 Villa homes. SUBDIVISION REVIEW With The Park there will be 50 lots and seven outlots from 158 acres. The plat will dedicate the right-of-way for portions of Galpin Boulevard, Paisley Path, Rogers Circle and Paisley Court. In addition, Outlot A will be dedicated to the city. Outlot A 90.5 acres 50 Acres of Public Park Outlot B 3.6 acres Drainage and Utility Easement Outlot C .21 acres Drainage and Utility Easement and Parking Lot Outlot D 6.5 acres Wetland and Drainage and Utility Easement Outlot E .54 acres Guard House Outlot F 1.37 acres City Wellhouse Outlot G 38.45 acres Future Phases Below is the proposed phasing plan (four phases). The Park is shown in blue. Todd Gerhardt The Park Final Plat August 12, 2019 Page 3 REVIEW CONDITIONS PRELIMINARY APPROVAL Park and Recreation 1. Dedication of 100+/- acres of wooded open spaces and wetlands in the eastern half of the property to the City of Chanhassen for parkland in exchange for a housing density transfer and fulfillment of a nine +/- acre parkland dedication requirement. Outlot A will be dedicated to the City. 2. Acknowledgement that the dedicated land may be developed at the city's discretion as parkland for public use and may include, but is not limited to trails, boardwalks, bridges, structures, and signage. Will occur with the Development Contract for the 1st phase. 3. The planning, engineering, grading, and placement of aggregate and bituminous base for construction of a 10-foot wide bituminous east/west trail connection between Galpin Boulevard and a location east of Street “D”, and in lieu of constructing a 10-foot wide bituminous trail adjacent to Galpin Boulevard between Street “E” and Street “A”, make a $120,000 (1,600 feet @ $75 per foot) contribution to the city’s Trail Fund. Condition to be added to the Development Contract for The Park. 4. All trails shall meet all city standards for trail construction. Condition to be added to the Development Contract for The Park. 5. The east/west trail shall maintain a minimum 10-foot setback from outside edges of trail to private property and be designed to minimize encroachment of wetland buffers. Condition to be added to the Development Contract for The Park. Todd Gerhardt The Park Final Plat August 12, 2019 Page 4 6. The east/west trail crossing of Street “A” shall be relocated from a midblock crossing as shown to the intersection of Street “A” and Street “D”. 7. The east/west trail shall be designed and constructed so as not to require retaining walls. Condition to be added to the Development Contract for The Park. 7. The entirety of the east/west trail and associated buffers shall be constructed within the dedicated public outlots. Condition to be added to the Development Contract for The Park. 8. The planning, engineering and construction of the 10-foot wide bituminous trails connecting both Street “Z” and Topaz Drive/Ridge Lane to the planned trail at the western edge of Lake Lucy including trail easements. Condition to be added to the Development Contract for The Park. Planning 1. All 191 acres must be included in the PUD. Condition to be added to the Development Contract for The Park. 2. All lots and homes must be developed consistent with the standards in the Compliance Table. Condition to be added to the Development Contract for The Park. Engineering 1. Any requirements set by the MCES to work within the MCES’s sewer and utility easement shall be addressed by the applicant. Condition does not apply for The Park Final Plat. 2. An executed agreement between the developer and the MCES allowing work within the MCES’s easement shall be provided to the city prior to the issuance of grading permits. Condition does not apply for The Park Final Plat. 3. The width of the public right-of-ways shall be called out on the final plat prior to acceptance and recording, this includes radii cul-de-sac bulbs. Condition has been met for The Park Final Plat. 4. Thirty-foot (30-foot) wide drainage and utility easements, for the purpose of accessing utilities and basins, shall be provided between but not limited to Lots 120 and 121 abutting Public Streets “Z” prior to acceptance and recording. Condition has been modified for clarity and has been met for The Park Final Plat. 5. Right-of-way dedication in conformance with the Carver County Development/Access Review Comments, subject to review and approval by the county and city prior to acceptance and recording of the final plat. Condition has been met for The Park Final Plat. 6. Ongoing coordination with the county and city regarding future improvements to Galpin Boulevard. Also see Condition 25 20. Condition has been modified for clarity and still applies. Todd Gerhardt The Park Final Plat August 12, 2019 Page 5 7. The developer shall locate on the existing condition survey all existing wells and septic fields. Condition has been met for The Park Final Plat. 8. The developer shall abandon all existing wells and septic fields in accordance with all federal, state, and local regulatory agency standards, and obtain all necessary permits for said abandonments. Prior to commencement of abandonment activities, a copy of all required permits from the appropriate regulatory agencies shall be provided to the city. Condition still applies. 9. Provide an updated existing condition survey that illustrates the MCES sanitary and utility easements on parcels 25.0100400 and 25.7580040. Condition no longer applies. 10. The applicant shall submit a mass grading plan or a phased grading plan (as applicable) for review and approval by the city prior to issuance of grading permits. Condition has been modified for clarity and has been met for The Park Final Plat. 11. Proposed spot elevations shall be shown on the grading plans at the center of the proposed driveway at the curb line for review prior to issuance of grading permits. Condition has been modified for clarity and has been met for The Park Final Plat. 12. Proposed spot elevations shall be shown on the grading plans at top of curb for review prior to issuance of grading permits. Condition has been modified for clarity and has been met for The Park Final Plat. 13. Drainage arrows for all EOF routes shall be included on the grading plans prior to issuance of grading permits. Condition has been modified for clarity and has been met for The Park Final Plat. 14. Grading within bluff setbacks is subject to review and approval by the city prior to issuance of grading permits. Condition has been modified for clarity. Condition does not apply for The Park Final Plat. 15. All existing buildings and structures within the city’s Well House #3 property abutting Galpin Boulevard shall be included on the grading plans. Condition has been met for The Park Final Plat. 16. Grading plans shall be updated to include the location and grade of the improved and relocated access driveway to Well House #3 off Galpin Boulevard. Condition no longer applies. 17. Grading plans shall be updated to include the location and protection methodology of the significant oak tree on the Well House #3 site. Condition does not apply for The Park Final Plat. 18. The applicant shall submit revised grading plans and stormwater plans so that no stormwater runoff flows directly onto the public trail south of Lots 164-174 abutting Street “A”. Condition has been modified due to updated plans and has been met for The Park Final Plat. 19. An updated geotechnical report assessing slope stability immediately east of Lot 110 abutting Street “A” shall be submitted for review and approval prior to the issuance of grading permits. Condition no longer applies. Todd Gerhardt The Park Final Plat August 12, 2019 Page 6 20. Final grading plans, including pond locations, sizing and analysis, along with right-of- way dedications off Galpin Boulevard, shall conform to the future Galpin Boulevard reconstruction project. Cross reference of grading plans, profiles, and respective cross sections are to be provided at key locations such as intersections, ponds, or other special features required by the county and city for review prior to acceptance and recording of the final plat. Condition has been met for The Park Final Plat. 21. All retaining walls exceeding four (4) feet in height shall have plans and details prepared by a registered engineer or landscape architect prior to issuance of building permits. Condition has been met for The Park Final Plat. 22. The retaining wall south of Lots 108-111 abutting Street “A” shall be adjusted to accommodate a 1.5:1 buffer from the bottom of the proposed stormwater line to the bottom of the proposed retaining wall foundation. Condition no longer applies. 23. Grading and construction within bluff setbacks are subject to review and approval by the city prior to issuance of grading permits. Condition is the same as #14 and not necessary. 24. All newly constructed streets and the extension of any existing streets shall be public streets, owned and maintained by the city, after acceptance of the public improvements by the City Council. Condition still applies. 25. All newly constructed public streets shall be designed to meet the current standard specifications and detail plate for residential streets (Detail Plate #5200), unless otherwise directed by the City Engineer. Condition has been met for The Park Final Plat. 26. Any and all conditions associated with the alignment and configuration of “Mattie Circle” set by the Planning Commission or City Council shall be addressed by the applicant prior to acceptance and recording of the final plat. Condition does not apply for The Park Final Plat. 27. The developer shall provide a curb cut and access easement for parcel 25.0100400 onto Street “Z”. Condition no longer applies. 28. A water service lateral shall be stubbed off the “Mattie Circle” water main for the future connection to parcel 25.0100400. Condition does not apply for The Park Final Plat. 29. An updated geotechnical report with additional soil borings shall be provided for review and approval prior to the commencement of construction. A geotechnical engineering shall be on-site during grading operations. If groundwater is encountered during grading, grades shall be adjusted to maintain a three foot separation from the bottom floor elevation and adhering to the recommendations of the soil engineer on site. Changes to grades shall be submitted to the city for review and approval. Condition has been modified due to updated plans and still applies. 30. Sidewalks shall be extended along the cul-de-sacs located off Streets “D”, “G”, Lucy Ridge Lane and “Z” and shall be constructed in accordance with the city’s standard specifications and detail plates for concrete sidewalks. Condition has been modified for clarity. Condition does not apply for The Park Final Plat. 31. All curb ramps shall be constructed to meet ADA standards and the city’s Detail Plates #5215-5215D. Condition still applies. Todd Gerhardt The Park Final Plat August 12, 2019 Page 7 32. Intersection improvements to provide pedestrian access at the intersection of Galpin Boulevard and Street “E” Pearl Drive shall be constructed in accordance with MUTCD best management practices. Condition has been modified for clarity. Condition does not apply for The Park Final Plat. 33. A detail of the proposed street lights shall be provided prior to the issuance of building permits. Condition still applies. 34. An enumerated list of all street lights and their proposed locations shall be provided for review and approval prior to the recording of the final plat. Condition has been met for The Park Final Plat. 35. Street lights shall be installed at all intersections and at the end of each cul-de-sac subject to review and approval by the city prior to issuance of building permits. Condition still applies. 36. The site plan shall be updated to provide proposed street grades (centerline gradients). Condition has been met for The Park Final Plat. 37. All newly constructed water mains shall be public water mains, owned and maintained by the city, after acceptance of the public improvements by the City Council. Condition still applies. 38. Water mains located on Streets “A”-“H” and Street “Z” Mattie Circle, Pearl Drive, and Paisley Path shall be tied into the high-pressure zone located on Galpin Boulevard. Water main extensions on Topaz Drive and Lucy Ridge Lane shall be tied into the existing water main stubs (low-pressure zone). Condition has been modified for clarity and still applies. 39. The water main located on Street “Z” Mattie Circle shall be tied into the existing stub off Ruby Lane and a gate valve near the connection point shall be installed. The gate valve shall be closed to separate the pressure zones. Condition has been modified for clarity. Condition does not apply for The Park Final Plat. 40. The developer shall field verify the location of all water main taps to the existing public mains off Galpin Boulevard prior to the issuance of building permits and update the plans accordingly. Condition has been modified for clarity and still applies. 41. The developer’s contractor shall schedule a preconstruction meeting with Engineering and Public Works Utilities departments prior to the commencement of any work to the water main installation and tapping from Galpin Boulevard. Condition has been modified for clarity and still applies. 42. Updated plans indicating the location of all underground utilities on the east side of Galpin Boulevard, along with plans and profiles of any utility crossings on the east side of Galpin Boulevard, shall be submitted for review and approval prior to the issuance of building permits commencement of any utility construction. Condition has been modified for clarity and still applies. 43. An agreement that lists the conditions and required improvements for the land swap between the developer and the city regarding Lot 163 and a portion of the Well House #3 site, shall be executed and recorded prior to the acceptance and recording of the final plat. Condition no longer applies. Todd Gerhardt The Park Final Plat August 12, 2019 Page 8 44. All utility crossings of potable water and sanitary and/or storm mains will require 18 inches of vertical separation and 10 feet of horizontal separation. The developer shall submit construction plans with profiles and plan views of the utilities for review and approval prior to the issuance of building permits the commencement of any utility construction. Condition has been modified for clarity and still applies. 45. All utility crossings of potable water and sanitary sewer that do not meet vertical separation requirements will require that the sanitary sewer main at that crossing be constructed of PVC C900 water main material. The developer shall submit construction plans indicating material type at these locations for review and approval of the city prior to issuance of building permits the commencement of any utility construction. Condition has been modified for clarity and still applies. 46. The developer shall submit construction plans indicating that pipe lengths of sanitary sewer mains are centered over potable water crossings. Condition has been met for The Park Final Plat. 47. Water mains shall be constructed at 7.5 feet below grade, or insulated, and constructed in conformance with the city’s standard specifications and detail plates. Condition still applies. 48. Cluster valves located around water main tees shall be installed at a minimum of five feet from the tees to the valves, where feasible. All valve locations and any other water main appurtenances shall be reviewed and approved by the Engineering and Public Works departments prior to issuance of building permits the commencement of any utility construction. Condition has been modified for clarity and still applies. 49. All comments and conditions regarding fire appurtenances, spacing, and location set forth by the Fire department shall be addressed by the applicant. Condition still applies. 50. All newly constructed sewer mains shall be public sewer mains, owned and maintained by the city, after acceptance of the public improvements by the City Council. Condition still applies. 51. A 30-foot utility easement shall be recorded over the existing public sewer line, within Outlot A located near the south-central area of the preliminary plat, prior to acceptance of final plat. Condition no longer applies. 52. All conditions set forth by the MCES for the direct connection and installation of an access manhole to their trunk line shall be addressed by the applicant, and all permits required for the connection and installation of the manhole shall be obtained prior to the commencement of construction. Condition does not apply for The Park Final Plat. 53. The applicant shall ensure the city’s sanitary sewer nomenclature is incorporated in the construction plans. Condition has been met for The Park Final Plat. 54. Profile sheets for all public utilities, including sanitary sewer, shall be required for review and approval by the city prior to issuance of building permits the commencement of any utility construction. Condition has been modified for clarity and has been met for The Park Final Plat. Todd Gerhardt The Park Final Plat August 12, 2019 Page 9 55. PVC sanitary sewer pipes that will be constructed at a burial depth of 0-16 feet shall be constructed of pipe class SDR 35, burial depths of 16-26 feet shall be of pipe class SDR 26, and burial depths of greater than 26 feet shall be of pipe class C900. Condition still applies. 56. Inverts that have a 20-inch or greater differential shall be supplied inside drops per city standards and be constructed per the city’s Detail Plate No. 2104. Condition still applies. 57. No roadway connection shall be made to Topaz Drive. Condition does not apply for The Park Final Plat. Engineering: New Conditions Based on Review of The Park Preliminary Plat Revisions 1. The developer shall underground all overhead utilities from the southern property line to the northern property line of the development per City Ordinance Sec. 18-78(12). A $364,400.00 cash escrow for the construction of this public improvement shall be furnished to the city prior to recording of final plat. If the public improvement is not completed by January 1, 2023 or upon commencement of the future Galpin Boulevard Improvement Project, whichever occurs first, the security will be used by the city for these improvements. Additional condition applies. 2. Untreated or stormwater from lots not captured and routed to treatment facilities, particularly in backlots, require a conveyance system to be installed to route stormwater to treatment basins. Additional condition does not apply to The Park Final Plat. 3. No sump structures shall be installed in backyard pickups. Additional condition applies. 4. Access routes to storm basins shall have a slope no greater than 3:1. Additional condition does not apply to The Park Final Plat. 5. Access had from Galpin Boulevard to Outlot E shall be abandoned. Additional condition does not apply to The Park Final Plat. 6. All public sanitary sewer utilities and sanitary sewer services shall have tracer wire installed. Detail plates and specifications shall be provided to the developer to meet this requirement and shall be defined in the supplemental provision for The Park Utility and Street Construction Project Manual. Additional condition applies. 7. All public streets’ base course shall utilize an asphalt binder grade of “C” in accordance with MnDOT asphalt grades (Table 2360-2), plates and cross-section details shall be updated accordingly. Additional condition applies. Engineering: New Conditions Based on Review of The Park Final Plat 1. Driveways shall be setback at least ten feet from the side property lines in accordance with section 20-1122 of City Ordinances. 2. All driveways shall be located outside side lot drainage and utility easements. 3. A $300 fee per light shall be collected with the development contract for electricity costs for the first year of operation. Todd Gerhardt The Park Final Plat August 12, 2019 Page 10 4. The developer shall coordinate with the Building Department and Public Works Utility Department to determine which homes shall be required to install pressure reducing valves prior to the issuance of building permits. 5. The contractor shall contact the city inspector for inspection of all insulated pipe crossings. 6. On Sheet 1.3, provide a separate, enlarged inset detail of the proposed connection to the 24” DIP water main at the intersection of Galpin Boulevard and Hunter Drive/“Paisley Path” that includes plan and profile views of the location of all existing utilities. Include a note to coordinate this work with the Public Works Utility Department and city inspector 48 hours prior to wet tap. 7. On Sheet 1.5 of the sanitary sewer and water main plans: DIP tees for risers on “Purple Parkway” shall be updated to be C900 wyes; the 20’ DIP stubbed out of MH 16-078 shall be PVC, also add note to address proper pipe support (compaction) under influence zone of pipe. 8. For all storm sewer plans: any HDPE pipe shall be called-out as “N-12” in accordance with city standard specifications. Stormwater Conditions & Wetlands 1. Wetland permitting is required due to the proximity of and proposed impacts to wetlands on site. A wetland permit application has not yet been received by the city from the applicant. Grading permits will not be issued until approved wetland permits have been received. Condition has been modified for clarity and has been met for The Park Final Plat. 2. Wetland review will include ensuring hydrology is maintained to all wetlands to be preserved as well as review of proposed stormwater impacts. Condition has been met for The Park Final Plat. 3. Storm sewer sizing calculations should be provided to confirm storm sewer is sized to convey the 10-year storm event. Condition has been met for The Park Final Plat. 4. An NPDES permit and accompanying Stormwater Pollution Prevention Plan (SWPPP) will be required prior to the start of construction grading. Condition has been modified for clarity and has been met for The Park Final Plat. 5. An operations and maintenance plan for the proposed stormwater management system will be required prior to approval. Condition still applies. 6. Provide infiltration test results per MPCA requirements in the location of each proposed infiltration area. Condition has been met for The Park Final Plat. 7. All comments and conditions set forth by the Riley Purgatory Bluff Creek Watershed District shall be addressed by the applicant. Condition still applies. Todd Gerhardt The Park Final Plat August 12, 2019 Page 11 8. Show all existing storm sewer and other water resource-related features in plans. Condition has been met for The Park Final Plat. 9. Adjust and show all easements over the Metropolitan Council Environmental Services’ sanitary sewer on the preliminary and final plat. Condition has been met for The Park Final Plat. 10. Clearly indicate what storm sewer will be private and what will be public. All public storm sewer will be required to be shown in profile view. Applicant should confirm there are no conflicts with the water main or sanitary sewer throughout the site. Condition has been met for The Park Final Plat. 11. The following comments pertain to all proposed ponds that include an infiltration bench (Basins 100, 200 and 300): • Infiltration test results will be required in the location of all proposed infiltration benches and infiltration basins. Infiltration test results have not been submitted in the location of proposed Basin 100. If filtration is to be used, the applicant will need to provide a specification for amended soils. Condition does not apply for The Park Final Plat. • The exfiltration above the piped outlet elevation should be included in the HydroCAD model and the exfiltration rate should correspond to what is presented in the infiltration test results. Condition has been met for The Park Final Plat. • The proposed infiltration benches will be required to meet the 48-hour drawdown requirement. Condition has been met for The Park Final Plat. • Outlets from the pond should be moved out of the permanent pond area and should be moved away from the inlet to minimize the risk of short circuiting. Condition has been met for The Park Final Plat. 12. The proposed piped outlet being modeled for Basin 400 is not shown in the plans. Condition has been met for The Park Final Plat. 13. Access routes for all proposed stormwater basins are required for maintenance purposes. Applicant should call out access locations for all proposed stormwater basins. Condition still applies. 14. A defined riprap EOF spillway will be required for all stormwater basins per details provided on Sheet 33. Applicant should include location and elevation of all EOF spillways on the storm sewer plans. Condition still applies. 15. The soil borings provided show that there are clay soils throughout the site. Modeling should be updated to reflect the D soils present. Condition has been met for The Park Final Plat. Todd Gerhardt The Park Final Plat August 12, 2019 Page 12 16. Proposed and existing HydroCAD models should be modeling the same area. There is roughly 120 acres included in the existing conditions model that is not included in the proposed conditions model. All offsite drainage should be included in the models. Condition has been met for The Park Final Plat. 17. Existing and proposed conditions drainage area maps should be updated to show the location and boundaries of all subcatchments included in the models. Condition has been met for The Park Final Plat. 18. Time of concentrations should be calculated in HydroCAD and not directly entered to confirm accuracy. Provide supporting calculations for all directly entered times of concentrations. Condition has been met for The Park Final Plat. 19. From the drainage area maps, it appears that P-LU 2-6 (P.E. Edit) in the existing model corresponds to Pond 500P in the proposed conditions model. The modeled storage for the wetland differs between the existing and proposed conditions models but no wetland impacts are shown on Sheet 37 for this wetland. Applicant should update the models so that they have the same storage modeled for the wetland. Condition has been met for The Park Final Plat. 20. There is a proposed piped outlet from this wetland that is over four feet lower than the current natural spillway outlet. The applicant will be required to show that this does not change the hydrology of the existing wetland as part of the wetland permit requirements. Condition has been met for The Park Final Plat. 21. There are numerous inconsistencies between what is shown in the plans on Sheet 35 for the outlets of the stormwater basins and what is being modeled in HydroCAD and P8. Applicant will need to update the models so that they are representative of what is being shown in the plans. The only remaining inconsistency to update is the weir in OCS 400B should be changed in HydroCAD from a four-foot weir to a five-foot weir. Condition has been modified due to updated plans and still applies. 22. The same total area should be modeled in P8 as in HydroCAD. Condition has been met for The Park Final Plat. 23. The model should be run for at least 50 years and should include the most recent precipitation data included in the precipitation file to get accurate removal efficiencies. Condition has been met for The Park Final Plat. 24. The modeling of the proposed stormwater ponds with filtration benches is incorrect and is overestimating the removal efficiencies of the basins. The applicant should update the model for the stormwater basins in the following way: • The design infiltration rate should be added to the flood pool section of the stormwater pond devices where applicable. This will model infiltration above the outlet elevation. The design infiltration rate should match what is being modeled in HydroCAD. Condition has been met for The Park Final Plat. Todd Gerhardt The Park Final Plat August 12, 2019 Page 13 • The infiltration basins should be removed from the model (except for Device 600i). Condition has been met for The Park Final Plat. • Applicant should confirm total phosphorus and total suspended solids removal requirements are still being met after the model has been updated. Condition has been met for The Park Final Plat. 25. Watersheds 201 and 600 are only modeling the impervious area. The pervious area in these watersheds should be added to the model. Condition has been met for The Park Final Plat. 26. Watershed 300 in the P8 model has 25% impervious while the corresponding HydroCAD subwatershed has 45% impervious modeled. Applicant should update the models to be consistent with one another and representative of the plans. Condition has been met for The Park Final Plat. 27. The total areas listed in the table in Section III.A of the Stormwater Management Plan are inconsistent with the total area called out in the plans and the total area being modeled. Applicant should include the entire site in the areas shown in the table. Condition has been met for The Park Final Plat. 28. Any projects seeking a wetland alteration permit subject to this article will also be required to submit the following: Existing and proposed drainage areas to wetlands; Buffer strip plan meeting the criteria of subsections 20-411(c) and (d). Condition has been met for The Park Final Plat. 29. Sec. 20-416. Mitigation. Wetland mitigation shall be undertaken on site. If this is not feasible, then mitigation may occur locally within the subwatershed. If this is not possible, then mitigation may occur outside the subwatershed, elsewhere in the city. If mitigation cannot be accomplished on site, or if the city deems it necessary to perform mitigation off site, then the applicant shall be responsible for providing off-site mitigation within the major subwatershed, as designated by the Minnesota Wetland Conservation Act, or purchasing wetland credits from the state wetland bank. Condition has been met for The Park Final Plat. 30. Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by City Code. Condition still applies. 31. If a Wetland Alteration Permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland, (2) It shall be located as to minimize the impact on vegetation, (3) It shall not adversely change water flow, (4) The size of the altered area shall be limited to the minimum required for the proposed action, (5) The disposal of any excess material is prohibited within remaining wetland areas, (6) The disposal of any excess material shall include proper erosion control and nutrient retention measures, (7) Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish Todd Gerhardt The Park Final Plat August 12, 2019 Page 14 spawning, and (8) Alterations to wetland areas shall be mitigated in accordance with the requirements of this article if the activity results in a loss of wetland area and/or function and value of the wetland. Condition has been met for The Park Final Plat. 32. The alteration shall not alter the hydrological patterns in the remainder of the wetland, if a portion of the wetland remains, unless exempted under Sec. 20-417. Show how hydrologic patterns will not be altered for the remaining wetlands. Condition has been met for The Park Final Plat. 33. Sec. 20-405. Wetland delineation. An electronic copy of the delineated wetland boundaries must be submitted in a format compatible with the city's GIS database. Condition has been met for The Park Final Plat. 34. Sec. 20-406. Wetland classification. All wetlands delineated under Sec. 20-405 of this article that have not been previously classified shall be classified using the results from the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0), or future versions. A MnRAM shall be completed by the property owner or applicant for each previously unclassified wetland. An electronic version of the MnRAM evaluation must be submitted to and approved by the city to establish the classification of each wetland prior to any alteration or impact to the wetland. Condition has been met for The Park Final Plat. 35. Staff review will be conditional upon the approved Wetland Replacement Plan. Condition has been met for The Park Final Plat. 36. A grading permit cannot be issued until the applicant has completed the WCA process. Condition has been met for The Park Final Plat. 37. Wetland Buffers. Wetland buffers and buffer monumentation will be required adjacent to the wetlands on site. Please indicate wetland buffer widths and locations where signage will be placed on a plan sheet. Please find additional information on signage placement in the city’s guidance document. The WMO provides signs and sign posts for the cost of materials. Alternative signs (by the city or applicant) are also acceptable provided they contain similar information. Wetland buffers and buffer setbacks pursuant to section 20-411 and consistent with the preliminary plat must be memorialized with a recorded wetland buffer agreement filed with the county recorder’s office. Condition has been modified from updated plans and still applies. 38. Sec. 19-146. Wetland elements. • Water level fluctuations (peak elevation and duration) for wetlands shall be limited to two feet and duration not to exceed 48 hours so as to prevent the destruction of wildlife habitat and wetland vegetation. Condition has been met for The Park Final Plat. • Sedimentation basins or sediment removal devices shall be provided prior to discharge into wetlands. Condition has been met for The Park Final Plat. Todd Gerhardt The Park Final Plat August 12, 2019 Page 15 • Variable bottom contours should be considered to provide deeper holes and flat shallow benches. This feature will provide habitat for diversity of plants and wetland inhabitants for wetland mitigation sites and stormwater basins. Condition has been met for The Park Final Plat. New Stormwater and Wetland Conditions based on the review of The Park Final Plat 1. The storm sewer calculations provided match The Park plans. The storm sewer calculations for future phases were inconsistent with the storm sewer shown in the preliminary plans. The applicant shall ensure storm sewer calculations match what is shown in the plans for future submittals. Additional condition does not apply for The Park Final Plat. 2. Where possible, the applicant shall update all storm sewer so the maximum pipe velocity is 12 feet per second. If not possible, pipe velocities should not exceed 15 feet per second per MnDOT guidance. Additional condition applies for The Park Final Plat. 3. Storm sewer from CB-241 to CB-240 is missing in the storm sewer calculations. Additional condition does not apply for The Park Final Plat. 4. Add pipe and structure callouts for storm sewer between CBMH-343 and CBMH-345. Additional condition does not apply for The Park Final Plat. 5. The 15” outlet pipe from CB-490 should be included in the HydroCAD model to ensure the pipe does not restrict flow and back up water at the low point. The 19” horizontal orifice should be routed to the 15” pipe. Additional condition applies for The Park Final Plat. 6. The slope of the outlet pipe from Wetland 12 should be updated in the HydroCAD model to match what is illustrated on the plans. Additional condition applies for The Park Final Plat. 7. For the basins where filtration is proposed, the infiltration in P8 should be routed to the downstream waterbody instead of out of the system for accuracy. It appears the proposed stormwater system will still meet water quality requirements after the updates. Additional condition applies for The Park Final Plat. 8. Grading permits will not be issued until a USACE permit for impact to Wetland 14 has been issued and received by the city. Additional condition has been met for The Park Final Plat. Landscaping and Tree Preservation 1. The developer shall conduct a walk-through of the grading limits on site prior to removals with city staff to inspect for opportunities for additional tree preservation. This condition has been met. Todd Gerhardt The Park Final Plat August 12, 2019 Page 16 2. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. This condition still applies overall and to each addition. 3. All trees shall be planted outside of the street right-of-way. This condition still applies overall and to each addition. 4. The applicant shall increase tree planting in the development to meet minimum requirements of 590 trees. This condition has been modified. The applicant shall meet the minimum requirement of 461 trees for the development. All required trees must meet minimum size requirements for deciduous and evergreen species. 5. Buffer plantings shall be added to the east of the city well building. Five evergreen trees shall be planted to the east of the well house. This condition still applies and has been modified. 6. The three oaks on city property (not inventoried) to the south of the city well building shall remain and the grading limits be adjusted to provide for preservation by avoiding any grading within the critical root zone areas of the trees. This condition has been modified. Any well house access road shall avoid removals of any significant trees in the outlot. No significant oaks may be removed. 7. Autumn Blaze maples shall be eliminated from the plant schedule. This condition has been met. 8. Northern Pin Oak shall be replaced with White, Bur, Red or Bicolor oak species in the plant schedule. This condition still applies overall and to each addition. 9. Additional selections of tree species shall expand the breadth of tree types and take into consideration soil conditions and future hardiness zone changes. This condition has been met. 10. No tree Genus shall comprise of more than 20% of the total number of trees and no tree species shall comprise of more than 10% of the total number of trees. This condition still applies overall and to each addition. 11. The applicant shall revise the plans to show the bluff impact zone on both bluffs and eliminate grading within these areas. This condition has been met. 12. Private lot boundaries shall not encroach into bluff areas. This condition has been met. 13. Lots with significant tree cover contain conservation easements to protect the wooded areas. Lots 501, 504, 505, 530 and 531 should 153 and 154 shall have protective easements over parts of the lot containing existing forest. Specifically, the rear 40 feet of Lot 501, the rear 100 feet of Lots 504 and 505, the westerly 200 feet of Lot 154 530, and the easterly 250-300 200 feet of Lot 153 531. This condition has been modified. Todd Gerhardt The Park Final Plat August 12, 2019 Page 17 RIGHT-OF-WAY AND EASEMENTS There is an existing 20-foot wide Metropolitan Council Environmental Services (MCES) sewer and utility easement located on the property as illustrated on the submitted revised preliminary plat. Generally, the easement traverses from the northwest corner of the property to the southeast corner of the property, bisecting the site diagonally. The applicant is proposing to impact the easement at two locations. The first location is within the northwest corner of the site where grading and construction of “Mattie Circle” and Basin 200 are proposed. The second location is to the east of “Visionary Court” where grading is proposed behind Lots 119-120. The MCES has been supplied the applicant’s site plans and all comments and conditions set forth by the MCES shall be addressed by the applicant. An agreement to construct any of the proposed improvements over the MCES’s easement must be executed and supplied to the city for review prior to the issuance of grading permits. As no grading or construction is proposed in these easements for The Park, no agreement will be required at this time. The applicant is proposing standard drainage and utility easements (D&U’s) around the majority of the lots on the provided preliminary plat. Additional 20-foot wide D&U’s have been provided within Lots 139-153 abutting “Mattie Circle” and Lots 166-169 abutting Topaz Drive. These 20- foot wide D&U’s are provided for stormwater collection and conveyance systems located in backyards that fall outside the standard D&U’s. Furthermore, 30-foot wide D&U’s between Lots 128-129 abutting “Pearl Court” and Lots 22-23 abutting “Paisley Path” have been proposed to provide access to proposed utilities and the north and south side of Basin 300. Thirty-foot (30-foot) wide D&U’s between Lots 151-152 abutting “Mattie Circle” have been proposed to provide access to a water main extension to Ruby Lane. Right-of-way dedication will be required along the east side of Galpin Boulevard per Carver County’s review and comments (see “Carver County Development / Access Review Comments” attached), the Highway 117 Corridor Study, and the typical roadway sections identified in the county’s Draft 2040 Comprehensive Plan. The Corridor Study identifies specific right-of-way needs and the plat will be required to follow and be consistent with the preferred roadway alternative. The right-of-way shall tie into the existing highway right-of-way north and south of the proposed development. The final plat proposal shall be reviewed and approved as to form and content by the county surveyor and city. After review by the city of the proposed final plat for The Park, adequate right-of-way has been dedicated. Currently, there exists overhead utilities within the right-of-way abutting the development on the east side of Galpin Boulevard. The applicant will be required to underground all overhead utilities from the southern property line to the northern property line. Underground utilities reduce the risk of accidents, such as vehicles colliding with poles and service impacts such as storms knocking down limbs on lines. It also improves the overall esthetics of roadway corridors and neighborhoods, which improves and promotes livability. Todd Gerhardt The Park Final Plat August 12, 2019 Page 18 EXISTING CONDITIONS SURVEY Well and Septic Water wells and septic fields have been identified on the existing conditions survey. The abandonment of all existing wells shall be in accordance with the Minnesota Department of Health’s review and regulations, and the abandonment of all existing septic systems shall be in accordance with the Minnesota Pollution Control Agency’s review and regulations. All required permits from the appropriate regulatory agencies shall be obtained prior to the commencement of any abandonment(s). GRADING The applicant is proposing to construct eight stormwater basins (Basins 100, 200, 300, 400, 500, 600, 800, 900) within and around the development. Through the preliminary grading plan and grading details, drainage from individual lots will be routed away from buildings into a series of catch basins and reinforced concrete pipe located within drainage and utility easements in backyards. Drainage from proposed public streets will be collected through catch basins located next to curbs, and routed to stormwater basins within and around the site. The applicant has provided an overall grading plan and the phased grading schedule for the entire subdivision as well as a grading plan for The Park. Both plans generally conform to city ordinances and standards for grading, with minor changes required. The applicant shall meet all the conditions enumerated with the grading permit prior to commencement of grading operations. There are proposed driveways that approach the maximum 10% grade (e.g. Lot 152 abutting “Mattie Circle” is at 9.9% grade) and one street that reaches the maximum 7% grade (“Purple Parkway” near station 1+45) allowed by city ordinance. Staff recommends limiting maximum grades in order to achieve a higher level of constructability. Any constructed street or driveway that exceeds maximum allowable grades upon final inspection will be required to be removed and replaced. There are two bluffs within the site. One bluff is located west of Lots 106-164 abutting Lucy Ridge Lane, and a second bluff is located south of Lots 148-149 abutting “Mattie Circle”. The grading plans indicate the locations and extent of the bluffs and their appropriate buffers and setbacks. All grading operations have been proposed to be outside the bluff impact zones. Currently, while the grading plan shows a majority of stormwater being routed to appropriate treatment methods (BMPs), some lots (e.g. Lots 118-122 abutting “Visionary Court”) do not appear to have a method of conveying untreated stormwater runoff to BMPs. As by city ordinances, no untreated stormwater shall be routed to wetlands prior to treatment. While the proposed public trail system meets the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for maximum running slope of trail segments (no more than 30% of the total trail length to exceed a 1:12 slope), staff recommends the installation of a level resting pad Todd Gerhardt The Park Final Plat August 12, 2019 Page 19 over continuous grades over 8%. This recommendation is based on the intent of the ADAAG which is to provide access to the greatest extent possible. The plat’s final grading plans, ponds, and right-of-way along Galpin Boulevard shall be reviewed and approved by the county and the city to show how they conform to the potential future Galpin Boulevard reconstruction. A cross reference of grading plans, profiles, and respective cross sections should be provided at key locations such as intersections, ponds, or other special features for review by the county and city prior to acceptance. SHORELAND MANAGEMENT This phase in not in the shoreland management area. RETAINING WALLS No retaining walls are being proposed with the development. STREETS The applicant is proposing construction of nine new streets (Mattie Circle, Pearl Drive, Visionary Court, Pearl Court, Alphabet Street, Purple Parkway, Paisley Path, Paisley Court, and Rogers Court) and the extension of one existing street (Lucy Ridge Lane) that shall be owned and maintained by the city after acceptance of the public improvements by the City Council. All newly constructed street sections shall be designed to meet the current standard specifications and detail plates for residential streets. These new streets and extensions will result in eight cul- de-sacs with seven of the eight proposed cul-de-sacs meeting current city code and standard specifications. “Mattie Circle”, a newly constructed street and cul-de-sac in the northern section of the development, exceeds the maximum length for a cul-de-sac per city ordinance; however, it was approved in the preliminary plat by City Council. Engineering recommended approval of the cul-de-sac as the topography would require substantial grading and the loss of significant trees that would alter the physical character of the property and surrounding parcels (Ordinance 18.57.k.2). Access to “Mattie Circle” is from Galpin Boulevard, a collector road. There is an existing driveway 30 feet south of “Mattie Circle” providing access to Parcel 250100400. This spacing does not meet MnDOT Access Management Guidelines or Carver County’s requirements for access points off of collector roads. The parcel’s access from Galpin Boulevard will be abandoned and realigned to tie into “Mattie Circle” as the future Galpin Boulevard Redevelopment project approaches. Additionally, a water stub for future connection shall be installed to serve the property. The city has had discussions with the resident of this property and has obtained verbal agreeance of such a realignment and future water service connection. The applicant has supplied a geotechnical evaluation report that was completed by Braun Intertec Corporation on June 29, 2018. The report discussed and explored design and construction recommendations for roadway sections, amongst other topics. The updated plans and updated Todd Gerhardt The Park Final Plat August 12, 2019 Page 20 geotechnical evaluations provided since the original preliminary plat submittal show adequate boring information and provide sufficient guidance on the construction of the public streets. However, it will be required of the developer to have a geotechnical engineer onsite during grading operations. If groundwater is encountered during grading, grades shall be adjusted to maintain a 3-foot separation from the bottom floor elevation of proposed buildings. Subsequent changes to grades shall be submitted to the city for review and approval. Sidewalks and pedestrian access points have been proposed on a majority of the streets throughout the development. However, Lucy Ridge Lane will require an extension of sidewalk to provide access within the cul-de-sac. Sidewalks shall be constructed in accordance with city standard specifications and detail plates. All curb ramps shall be constructed to meet ADA standards and the city’s detail plates. The sidewalk located at the intersection of Galpin Boulevard and “Pearl Drive” terminates with no proposed intersection improvements to access the existing trail system on the west side. The developer will be required to extend connectivity by providing access from the newly constructed east side to the existing west side of Galpin Boulevard by utilizing approved MUTCD practices for pedestrian crosswalk and intersection improvements. Street lights have been proposed throughout the development. Street lights will be required at all intersections and at the end of each cul-de-sac. The developer will need to work with Xcel Energy for the installation of city-approved street lights. A $300 fee shall be collected with the development contract for each street light for the purpose of electricity costs for the first year of operation. WATER The applicant is proposing to construct 8” PVC C900 water main throughout the development that shall be owned and maintained by the city after acceptance of the public improvements by the City Council. The development is located between two pressure zones in the city; a high pressure zone and a low pressure zone. To the west, in the Longacres neighborhood, is a high pressure zone. To the north and south, in the Ashling Meadows and Royal Oak Estates neighborhoods, respectively, are low pressure zones. The city has modeled the impact of the development based on the proposed usage. It was found that in order to provide adequate pressures and fire flows, water mains shall be tied into the high pressure zone located on Galpin Boulevard. This will result in some areas of the development experiencing pressures above 90 PSI. Therefore, a portion of the homes will likely require individual pressure reducing valves. The developer will need to work with the Building Department and Public Works Utility Department to determine which homes will require pressure-reducing valves. In the northwest area of the development where Lucy Ridge Lane will be extended, the developer is proposing to tie into the low-pressure water system via the existing 8” PVC water mains. Engineering does not anticipate any extraordinary impacts to the water system’s pressure or fire flow for the proposed 15 connections. Todd Gerhardt The Park Final Plat August 12, 2019 Page 21 “Mattie Circle” will be tied into the high zone water system via the existing water main off Galpin Boulevard. “Mattie Circle” is currently proposed as a cul-de-sac, and the applicant was proposing the creation of a dead end system. The Public Works Utility department required the applicant to tie in the proposed water main on “Mattie Circle” to the existing water main stub located off Ruby Lane, to the north, which is now being proposed with the updated preliminary plans. Because “Mattie Circle” will be within the high-pressure zone, and the north tie-in location on Ruby Lane (Ashling Meadows neighborhood) is within the low-pressure zone, updated construction plans call out a gate valve to be installed where the system ties in. This gate valve will remain closed in order to separate the two zones, and will be opened by city forces during any maintenance or repair work in order to “back feed” the system, as necessary. The majority of the water main to be installed is within the central and southern portion of the development (Lots 1-138). The applicant is proposing to create a looped water system that meets city best management practices for water utilities. Looped systems improve reliability by feeding water from two directions rather than one, which subsequently allows service to continue during an event that may otherwise cause disruption to water service. Water main connections will be tied into the high zone water system off Galpin Boulevard. The applicant shall verify the location of the connections on the construction plans. All water main taps, connections, and required water main testing shall be witnessed by the city. A pre-construction meeting prior to the commencement of any work shall be scheduled by the developer’s contractor with the city. Additionally, all underground utilities on the east side of Galpin Boulevard have not been located and illustrated on the plans, for example, the city’s raw water main that feeds the west treatment plant. This area on the east side of Galpin Boulevard is where water and sanitary sewer will cross before entering the development. Thus, prior to the issuance of public utility construction, all underground utilities in this area shall be surveyed and illustrated in the profile sheets in order to identify any conflicts. From the proposed preliminary water plans, there are multiple areas where water main and sanitary sewer mains will cross. All crossings of water and sewer utility mains are required to have 18” of vertical separation and 10’ of horizontal separation, measured from the edge of pipe. Where water mains cross-sanitary sewer mains do not meet vertical or horizontal separation requirements, the sanitary sewer shall be constructed of C900 water main material. All crossings shall be required that the sanitary sewer pipe length shall be centered over the water main crossing. The preliminary plans delineate areas where water main will run closely adjacent to, or under, stormwater catch basins. This may cause a potential for freezing of the water main at these locations due to inadequate ground cover from catch basin bottoms (sumps) to the water main. Water mains shall be constructed at 7.5’ below grade, or insulated, and constructed in conformance with the city’s standard specifications and detail plates. Plan and profile sheets provided with the construction drawings of the water main shall include the location and depth of catch basins and their sumps for review and approval prior to issuance of building permits. The applicant shall ensure all fire hydrant spacing meets fire codes and are subject to the review and approval of the Fire Department. Todd Gerhardt The Park Final Plat August 12, 2019 Page 22 SANITARY SEWER The applicant is proposing to construct 8” PVC sanitary sewer main throughout the development that shall be owned and maintained by the city after acceptance of the public improvements by the City Council. The entire sanitary sewer system will operate as a gravity system and connects to existing sanitary sewer mains at three locations; Lucy Ridge Lane, a direct connection to the MCES sanitary sewer trunk line on “Mattie Circle” and at the Majestic Way extension off “Paisley Path” through a utility easement. As proposed, the connection to the MCES sanitary sewer trunk line from “Mattie Circle” and its subsequent manhole are not within the roadway, down steep grades, and abutting Basin 200. The applicant shall resubmit construction drawings with this phase of the development to provide the access manhole and tie-in on and within “Mattie Circle”. All conditions set forth by MCES shall be addressed by the applicant for the required access manhole and direct connection to their trunk line, and all permits required shall be obtained prior to the commencement of construction. The preliminary plans submitted utilize a nomenclature for identifying proposed manholes that differs from the city’s. On all future submittals, the applicant shall ensure the city’s manhole naming conventions are incorporated within the plans. The city has provided a list of appropriate manhole identifiers, as well as fire hydrant identifiers. This will ensure an efficient transition of the newly constructed public improvements into the city’s asset management system for sanitary sewer manholes and fire hydrants. Profile sheets for all public utilities, including sanitary sewer, shall be required for review and approval by the city prior to issuance of building permits for all phases. Based on the provided profile and plan sheets for The Park, the applicant is proposing sanitary sewer that reaches a maximum depth of over 26’. PVC sanitary sewer pipes that have a burial depth of 0-16 feet are required to be class SDR 35, burial depths of 16-26 feet requires class SDR 26, and burial depths of greater than 26 feet requires class C900. The applicant has shown that the proposed sanitary sewer pipes falling within these burial depths have the appropriate class of PVC. STORMWATER MANAGEMENT General 1. The applicant has delineated all wetlands on the property and agencies have approved the boundaries and type. 2. Wetland permitting is required due to the proximity and proposed impacts to wetlands onsite. Grading permits have been issued as all approved wetland permits have been received. See “Wetland Alteration” of this staff report for more information. Todd Gerhardt The Park Final Plat August 12, 2019 Page 23 3. An NPDES permit has been obtained by the application. An updated stormwater pollution prevention plan (SWPPP) and erosion control plan have been provided. 4. An operations and maintenance plan for the proposed stormwater management system will be required. 5. All comments and conditions set forth by the Riley Purgatory Bluff Creek Watershed District shall be addressed by the applicant. Preliminary Plans Infiltration test results will be required in the location of all proposed infiltration benches and infiltration basins. Infiltration test results have not been submitted in the location of proposed Basin 100. If filtration is to be used, the applicant will need to provide a specification for amended soils. Furthermore, the slope of the outlet pipe from Wetland 12 should be updated to match what is shown in the preliminary utility plans. HydroCAD Model There were numerous inconsistencies between what is shown in the plans and what was being modeled in HydroCAD and P8. The only inconsistency remaining to update is the weir in OCS 400B which should be changed in HydroCAD from a four-foot weir to a five-foot weir. Also, the 15” outlet pipe from CB 490 should be included in the HydroCAD model to ensure the pipe does not restrict flow and back up water at the low point. The 19” horizontal orifice should be routed to the 15” pipe. P8 Model For the basins where filtration is proposed, the infiltration in P8 should be routed to the downstream waterbody instead of out of the system for accuracy. It appears the proposed stormwater system will still meet water quality requirements after the updates. WETLAND ALTERATION The plan set shows intent to impact several wetlands on site. A Wetland Replacement Plan application was submitted to the city and reviewed per the WCA. A Notice of Decision and Approval for the Wetland Replacement Plan was sent on June 6, 2019. Wetland mitigation was approved through the purchase of wetland credits with wetlands being replaced at a ratio of 2:1. Wetland 14, proposed to be impacted during The Park, required a United States Army Corps of Engineering (USACE) permit as it was determined to be a USACE jurisdictional wetland. The approved permit was submitted to the city. Wetland buffers using buffer averaging has been applied to the project. Wetland buffers and buffer setbacks pursuant to section 20-411 and consistent with the preliminary plat must be memorialized with a recorded wetland buffer agreement filed with the county recorder’s office. Todd Gerhardt The Park Final Plat August 12, 2019 Page 24 EROSION PREVENTION AND SEDIMENT CONTROL The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). The applicant has prepared and submitted a Surface Water Pollution Prevention Plan (SWPPP) to the city and has obtained an NPDES Construction Permit for The Park. Financial Assurance To guarantee compliance with the grading plan, and related remedial work, a cash escrow or letter of credit, satisfactory to the city, shall be furnished to the city before a grading permit is issued for The Park. The escrow amount shall be $308,265.00, which is 110% of the estimated erosion control and pond excavation costs for The Park. The city may use the escrow or draw upon the letter of credit to reimburse the city for any labor or material costs it incurs in securing compliance with the plan or in implementing the plan. The city shall endeavor to give notice to the owner or developer before proceeding, but such notice shall not be required in an emergency as determined by the city. The assurance shall be maintained until final stabilization and removal of erosion and sediment controls and acceptance of dedicated public streets and public utilities. STORMWATER UTILITY CONNECTION CHARGES Section 4-30 of city code sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type, the greater the degradation of surface water. This fee will be applied to the new lot of record being created. It is calculated as shown in the table below: SURFACE WATER DEVELOPMENT FEE AREA PER ACRE FEE ACRES FEE GROSS AREA $8,320 158.45 $ 1,318,311.49 RIGHT-OF-WAY AREA $8,320 5.95 $ (49,495.68) TOTAL OUTLOT AREA $8,320 140.47 $(1,168,673.79) NET AREA 12.03 $ 100,142.02 The total estimated SWMP Fee is $100,142.02 for the entire subdivision at rates in affect for 2019. ASSESSMENTS Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be Todd Gerhardt The Park Final Plat August 12, 2019 Page 25 assessed at the rate in effect at that time. The remaining partial hookups fees are due with the building permit. FEES Based on the proposal, the following fees would be collected with the development contract: • Administration Fee: If the improvement costs are between $500,000 and $1,000,000, 2% of the improvement costs. If the improvement costs exceed $1,000,000, 2.5% of the first $1,000,000 plus 1.5% of the remainder. • Surface Water Management Fee for the entire subdivision at 2019 rates: $100,142.02 • A portion of the water hook-up charge: $2,311/unit (@ 50 units = $115,550.00) • A portion of the sanitary sewer hook-up charge: $691/unit (@ 50 units = $34,550.00) • GIS fees: $25 for the plat plus $10 per parcel • Street light operating fee for one year: $300 per light CONDITIONS OF APPROVAL FOR THE PARK FINAL PLAT Dedication of Outlots The dedication of Outlots A-G, as illustrated on The Park Final Plat, shall be as such: Outlot A Warranty Deed to the City 50 Acres of Public Park Outlot B Warranty Deed to the City Drainage and Utility Easement Outlot C Warranty Deed to the City Drainage and Utility Easement and Parking Lot Outlot D Warranty Deed to the City Wetland and Drainage and Utility Easement Outlot E N/A Guard House Outlot F Quitclaim Deed to the City City Well House Outlot G N/A Future Phases Parks and Recreation 1. The planning, engineering, grading, and placement of aggregate and bituminous base for construction of a 10-foot wide bituminous east/west trail connection between Galpin Boulevard and a location east of “Raspberry Lane”, and in lieu of constructing a 10-foot wide bituminous trail adjacent to Galpin Boulevard between “Paisley Parkway” and “Raspberry Lane”, make a $120,000 (1,600 feet @ $75 per foot) contribution to the city’s Trail Fund. 2. The east/west trail shall maintain a minimum 10-foot setback from outside edges of trail to private property and be designed to minimize encroachment of wetland buffers. 3. The east/west trail crossing of “Paisley Parkway” shall be relocated from a midblock crossing as shown to the intersection of “Paisley Parkway” and “Raspberry Lane”. 4. The east/west trail shall be designed and constructed so as not to require retaining walls. Todd Gerhardt The Park Final Plat August 12, 2019 Page 26 5. The entirety of the east/west trail and associated buffers shall be constructed within the dedicated public outlots. 6. The planning, engineering and construction of the 10-foot wide bituminous trails connecting both “Mattie Circle” and Topaz Drive/Ridge Lane to the planned trail at the western edge of Lake Lucy including trail easements. Engineering 1. The developer shall abandon all existing wells and septic fields in accordance with all federal, state, and local regulatory agency standards, and obtain all necessary permits for said abandonments. Prior to commencement of abandonment activities, a copy of all required permits from the appropriate regulatory agencies shall be provided to the city. 2. A geotechnical engineering shall be on-site during grading operations. If groundwater is encountered during grading, grades shall be adjusted to maintain a three foot separation from the bottom floor elevation and adhering to the recommendations of the soil engineer on site. Changes to grades shall be submitted to the city for review and approval. 3. All curb ramps shall be constructed to meet ADA standards and the city’s Detail Plates #5215-5215D. 4. A detail of the proposed street lights shall be provided prior to the issuance of building permits. 5. Street lights shall be installed at all intersections and at the end of each cul-de-sac subject to review and approval of the city prior to issuance of building permits. 6. All newly constructed water mains shall be public water mains, owned and maintained by the city, after acceptance of the public improvements by the City Council. 7. Water mains located on Paisley Path shall be tied into the high-pressure zone located on Galpin Boulevard. 8. The developer shall field verify the location of all water main taps to the existing public mains off Galpin Boulevard prior to the issuance of building permits and update the plans accordingly. 9. The developer’s contractor shall schedule a preconstruction meeting with Engineering and Public Works Utilities prior to the commencement of any work to the watermain installation and tapping from Galpin Boulevard. 10. Updated plans indicating the location of all underground utilities on the east side of Galpin Boulevard, along with plans and profiles of any utility crossings on the east side of Galpin Boulevard, shall be submitted for review and approval prior to the commencement of any utility construction. 11. All utility crossings of potable water and sanitary and/or storm mains will require 18 inches of vertical separation and 10 feet of horizontal separation. The developer shall submit construction plans with profiles and plan views of the utilities for review and approval prior to the commencement of any utility construction. Todd Gerhardt The Park Final Plat August 12, 2019 Page 27 12. All utility crossings of potable water and sanitary sewer that do not meet vertical separation requirements will require that the sanitary sewer main at that crossing be constructed of PVC C900 water main material. The developer shall submit construction plans indicating material type at these locations for review and approval of the city prior to the commencement of any utility construction. 13. Cluster valves located around water main tees shall be installed at a minimum of five feet from the tees to the valves, where feasible. All valve locations and any other water main appurtenances shall be reviewed and approved by Engineering and Public Works prior to the commencement of any utility construction. 14. All comments and conditions regarding fire appurtenances, spacing, and location set forth by the Fire Department shall be addressed by the applicant. 15. All newly constructed sewer mains shall be public sewer mains, owned and maintained by the city, after acceptance of the public improvements by the City Council. 16. PVC sanitary sewer pipes that will be constructed at a burial depth of 0-16 feet shall be constructed of pipe class SDR 35, burial depths of 16-26 feet shall be of pipe class SDR 26, and burial depths of greater than 26 feet shall be of pipe class C900. 17. Inverts that have a 20-inch or greater differential shall be supplied inside drops per city standards and be constructed per the city’s Detail Plate No. 2104. 18. No sump structures shall be installed in backyard pickups. 19. All public sanitary sewer utilities and sanitary sewer services shall have tracer wire installed. Detail plates and specifications shall be provided to the developer to meet this requirement and shall be defined in the supplemental provision for The Park Utility and Street Construction Project Manual. 20. All public streets’ base course shall utilize an asphalt binder grade of “C” in accordance with MnDOT asphalt grades (Table 2360-2), plates and cross-section details shall be updated accordingly. 21. Driveways shall be setback at least ten feet from the side property lines in accordance with section 20-1122 of City Ordinances. 22. All driveways shall be located outside side lot drainage and utility easements. 23. The developer shall coordinate with the Building Department and Public Works Utility Department to determine which homes shall be required to install pressure reducing valves prior to the issuance of building permits. 24. The contractor shall contact the city inspector for inspection of all insulated pipe crossings. 25. On Sheet 1.3, provide a separate, enlarged inset detail of the proposed connection to the 24” DIP water main at the intersection of Galpin Boulevard and Hunter Drive/“Paisley Path” that includes plan and profile views of the location of all existing utilities. Include a note to coordinate this work with the Public Works Utility Department and city inspector 48 hours prior to wet tap. Todd Gerhardt The Park Final Plat August 12, 2019 Page 28 26. On Sheet 1.5 of the sanitary sewer and water main plans: DIP tees for risers on “Purple Parkway” shall be updated to be C900 wyes; the 20’ DIP stubbed out of MH 16-078 shall be PVC, also add note to address proper pipe support (compaction) under influence zone of pipe. 27. For all storm sewer plans: any HDPE pipe shall be called-out as “N-12” in accordance with city standard specifications. Stormwater Conditions & Wetlands 1. An operations and maintenance plan for the proposed stormwater management system will be required prior to approval. 2. All comments and conditions set forth by the Riley Purgatory Bluff Creek Watershed District shall be addressed by the applicant. 3. Access routes for all proposed stormwater basins are required for maintenance purposes. Applicant should call out access locations for all proposed stormwater basins. 4. A defined riprap EOF spillway will be required for all stormwater basins per details provided on Sheet 33. Applicant should include location and elevation of all EOF spillways on the storm sewer plans. 5. The only remaining inconsistency to update is the weir in OCS 400B should be changed in HydroCAD from a four-foot weir to a five-foot weir. 6. Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by City Code. 7. Wetland Buffers. Wetland buffers and buffer monumentation will be required adjacent to the wetlands on site. Please indicate wetland buffer widths and locations where signage will be placed on a plan sheet. Please find additional information on signage placement in the city’s guidance document. The WMO provides signs and sign posts for the cost of materials. Alternative signs (by the city or applicant) are also acceptable provided they contain similar information. Wetland buffers and buffer setbacks pursuant to section 20-411 and consistent with the preliminary plat must be memorialized with a recorded wetland buffer agreement filed with the county recorder’s office. 8. Where possible, the applicant shall update all storm sewer so the maximum pipe velocity is 12 feet per second. If not possible, pipe velocities should not exceed 15 feet per second per MnDOT guidance. 9. The 15” outlet pipe from CB-490 should be included in the HydroCAD model to ensure the pipe does not restrict flow and back up water at the low point. The 19” horizontal orifice should be routed to the 15” pipe. 10. The slope of the outlet pipe from Wetland 12 should be updated in the HydroCAD model to match what is illustrated on the plans. Todd Gerhardt The Park Final Plat August 12, 2019 Page 29 11. For the basins where filtration is proposed, the infiltration in P8 should be routed to the downstream waterbody instead of out of the system for accuracy. It appears the proposed stormwater system will still meet water quality requirements after the updates. Landscaping and Tree Preservation 1. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. 2. The applicant shall meet the minimum requirement of 461 trees for the development. All required trees must meet minimum size requirements for deciduous and evergreen species. 3. Buffer plantings shall be added to the east of the city well building. Five evergreen trees shall be planted to the east of the well house. 4. Any well house access road shall avoid removals of any significant trees in Outlot E or F. No significant oaks may be removed. 5. Northern Pin Oak shall be replaced with White, Bur, Red or Bi-color oak species in the plant schedule. 6. No tree Genus shall comprise of more than 20% of the total number of trees and no tree species shall comprise of more than 10% of the total number of trees. 7. Lots with significant tree cover contain conservation easements to protect the wooded areas. Lots 153 and 154 shall have protective easements over parts of the lot containing existing forest. Specifically, the westerly 200 feet of Lot 154, and the easterly 200 feet of Lot 153. g:\plan\2019 planning cases\19-01 galpin site preliminary plat and rezoning pud\final plat phase 1\staff report 8-12-19 - final.docx 203914v2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA THE PARK DEVELOPMENT CONTRACT (Developer Installed Improvements) 203914v2 i TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL ............................................................................ SP-1 2. CONDITIONS OF PLAT APPROVAL ........................................................................ SP-1 3. DEVELOPMENT PLANS ............................................................................................ SP-1 4. IMPROVEMENTS ........................................................................................................ SP-2 5. TIME OF PERFORMANCE ......................................................................................... SP-2 6. SECURITY .................................................................................................................... SP-2 7. NOTICE ......................................................................................................................... SP-3 8. OTHER SPECIAL CONDITIONS................................................................................ SP-3 9. GENERAL CONDITIONS ........................................................................................... SP-5 GENERAL CONDITIONS 1. RIGHT TO PROCEED ................................................................................................. GC-1 2. PHASED DEVELOPMENT ........................................................................................ GC-1 3. PRELIMINARY PLAT STATUS ................................................................................ GC-1 4. CHANGES IN OFFICIAL CONTROLS ..................................................................... GC-1 5. IMPROVEMENTS ....................................................................................................... GC-1 6. IRON MONUMENTS .................................................................................................. GC-2 7. LICENSE ...................................................................................................................... GC-2 8. SITE EROSION AND SEDIMENT CONTROL ......................................................... GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING ......................................................................................... GC-2 9. CLEAN UP ................................................................................................................... GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-3 11. CLAIMS ....................................................................................................................... GC-3 12. PARK DEDICATION .................................................................................................. GC-3 13. LANDSCAPING .......................................................................................................... GC-3 14. WARRANTY ............................................................................................................... GC-4 15. 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. HOUSE PADS .............................................................................................................. GC-5 21. RESPONSIBILITY FOR COSTS ................................................................................ GC-5 22. DEVELOPER'S DEFAULT ......................................................................................... GC-6 22. MISCELLANEOUS A. Construction Trailers ........................................................................................ GC-6 B. Postal Service .................................................................................................... GC-7 C. Third Parties ...................................................................................................... GC-7 D. Breach of Contract ............................................................................................ GC-7 203914v2 ii 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-8 K. Assignability ..................................................................................................... GC-8 L. Construction Hours ........................................................................................... GC-8 M. Noise Amplification .......................................................................................... GC-8 N. Access ............................................................................................................... GC-8 O. Street Maintenance............................................................................................ GC-8 P. Storm Sewer Maintenance ................................................................................ GC-9 Q. Soil Treatment Systems .................................................................................... GC-9 R. Variances........................................................................................................... GC-9 S. Compliance with Laws, Ordinances, and Regulations ..................................... GC-9 T. Proof of Title ..................................................................................................... GC-9 U. Soil Conditions................................................................................................ GC-10 V. Soil Correction ................................................................................................ GC-10 W. Haul Routes ......................................................................................................... GC-10 X. Development Signs .............................................................................................. GC-10 Y. Construction Plans ............................................................................................... GC-10 Z. As-Built Lot Surveys ........................................................................................... GC-11 203914v2 SP-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) THE PARK SPECIAL PROVISIONS AGREEMENT dated August 12, 2019 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, U.S. HOME CORPORATION, a Delaware Corporation, D/B/A LENNAR, (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for THE PARK (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 terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved August 12, 2019, prepared by Pioneer Engineering. Plan B: Grading, Drainage and Erosion Control Plan dated July 23, 2019, prepared by Pioneer Engineering. Plan C: Plans and Specifications for Improvements dated April 15, 2019, prepared by Pioneer Engineering. Plan D: Landscape Plan dated May 24, 2019 prepared by Pioneer Engineering. 203914v2 SP-2 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. Street Signs G. Site Grading/Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install all required improvements except for the wear course on public streets by November 15, 2020. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $2,682,273.16. The amount of the security was calculated as 110% of the following: Site Grading $ 479,153.81 Sanitary Sewer $ 274,020.50 Water Main $ 259,018.00 Storm Sewer, Drainage System, including cleaning and maintenance $ 467,930.00 Streets $ 684,019.57 Street lights and signs $ 72,950.00 Sub-total, Construction Costs $2,237,091.88 Engineering, surveying, and inspection (7% of construction costs) $ 156,596.43 Landscaping (2% of construction costs) $ 44,741.84 Sub-total, Other Costs $ 201,338.27 TOTAL COST OF PUBLIC IMPROVEMENTS $2,438,430.15 SECURITY AMOUNT (110% of $2,438,430.15) $2,682,273.16 203914v2 SP-3 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required “record” plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Joe Jablonski U.S. Home Corporation D/B/A Lennar 16305 36th Avenue NE, Suite 600 Plymouth, MN 55446 Phone: 952-249-3014 E-Mail: joe.jablonski@lennar.com Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. FEES 1. Prior to release of the plat for recording and prior to scheduling a pre-construction meeting, Developer shall submit to the City $416,873.39 for the following City fees: Administration fee (based on estimated construction cost of $2,237,091.88, 2.5% for the first $1,000,000 + 1.5% of the remainder) $ 43,556.38 GIS fee: 50 parcels @ $10/parcel + $25 for the plat $ 525.00 Partial payment of City sewer and water hookup fees: 50 units @ $691/unit (sewer) + $2,311/unit (water) $150,100.00 Street light operating fee: 7 lights @ $300/light $ 2,100.00 Attorney Fee for Review and Recording of Plat and DC $ 450.00 Surface Water Management Fee $100,142.02 City Trail Fee $120,000.00 Total $416,873.39 203914v2 SP-4 B. CONDITIONS OF APPROVAL Dedication of Outlots The following outlots shall be conveyed to the City with The Park Final Plat: Outlot A Warranty Deed to the City 50 Acres of Public Park and 50 Acres of Wetland Outlot B Warranty Deed to the City Stormwater Pond Outlot C Warranty Deed to the City Parking Lot for Trail Access Outlot D Warranty Deed to the City Wetland and Drainage and Utility Easement Outlot F Quitclaim Deed to the City City Well House Parks and Recreation 1. The planning, engineering, grading, and placement of aggregate and bituminous base for construction of a 10-foot wide bituminous east/west trail connection between Galpin Boulevard and a location east of “Pearl Drive,” and in lieu of constructing a 10-foot wide bituminous trail adjacent to Galpin Boulevard between “Paisley Path” and “Pearl Drive,” make a $120,000 (1,600 feet @ $75 per foot) contribution to the City’s Trail Fund. 2. The east/west trail shall maintain a minimum 10-foot setback from outside edges of trail to private property and be designed to minimize encroachment of wetland buffers. 3. The east/west trail crossing of “Paisley Path” shall be relocated from a midblock crossing as shown to the intersection of “Paisley Path” and “Pearl Drive.” 4. The east/west trail shall be designed and constructed so as not to require retaining walls. 5. The entirety of the east/west trail and associated buffers shall be constructed within the dedicated public outlots. Engineering 1. The developer shall abandon all existing wells and septic fields in accordance with all federal, state, and local regulatory agency standards, and obtain all necessary permits for said abandonments. Prior to commencement of abandonment activities, a copy of all required permits from the appropriate regulatory agencies shall be provided to the city. 2. A geotechnical engineering shall be on-site during grading operations. If groundwater is encountered during grading, grades shall be adjusted to maintain a three foot separation from the bottom floor elevation and adhering to the recommendations of the soil engineer on site. Changes to grades shall be submitted to the city for review and approval. 3. All curb ramps shall be constructed to meet ADA standards and the city’s Detail Plates #5215- 5215D. 203914v2 SP-5 4. A detail of the proposed street lights shall be provided prior to the issuance of building permits. 5. Street lights shall be installed at all intersections and at the end of each cul-de-sac subject to review and approval of the city prior to issuance of building permits. 6. All newly constructed water mains shall be public water mains, owned and maintained by the city, after acceptance of the public improvements by the City Council. 7. Water mains located on Paisley Path shall be tied into the high-pressure zone located on Galpin Boulevard. 8. The developer shall field verify the location of all water main taps to the existing public mains off Galpin Boulevard prior to the issuance of building permits and update the plans accordingly. 9. The developer’s contractor shall schedule a preconstruction meeting with Engineering and Public Works Utilities prior to the commencement of any work to the watermain installation and tapping from Galpin Boulevard. 10. Updated plans indicating the location of all underground utilities on the east side of Galpin Boulevard, along with plans and profiles of any utility crossings on the east side of Galpin Boulevard, shall be submitted for review and approval prior to the commencement of any utility construction. 11. All utility crossings of potable water and sanitary and/or storm mains will require 18 inches of vertical separation and 10 feet of horizontal separation. The developer shall submit construction plans with profiles and plan views of the utilities for review and approval prior to the commencement of any utility construction. 12. All utility crossings of potable water and sanitary sewer that do not meet vertical separation requirements will require that the sanitary sewer main at that crossing be constructed of PVC C900 water main material. The developer shall submit construction plans indicating material type at these locations for review and approval of the city prior to the commencement of any utility construction. 13. Cluster valves located around water main tees shall be installed at a minimum of five feet from the tees to the valves, where feasible. All valve locations and any other water main appurtenances shall be reviewed and approved by Engineering and Public Works prior to the commencement of any utility construction. 14. All comments and conditions regarding fire appurtenances, spacing, and location set forth by the Fire Department shall be addressed by the applicant. 15. All newly constructed sewer mains shall be public sewer mains, owned and maintained by the city, after acceptance of the public improvements by the City Council. 16. PVC sanitary sewer pipes that will be constructed at a burial depth of 0-16 feet shall be constructed of pipe class SDR 35, burial depths of 16-26 feet shall be of pipe class SDR 26, and burial depths of greater than 26 feet shall be of pipe class C900. 17. Inverts that have a 20-inch or greater differential shall be supplied inside drops per city standards and be constructed per the city’s Detail Plate No. 2104. 203914v2 SP-6 18. No sump structures shall be installed in backyard pickups. 19. All public sanitary sewer utilities and sanitary sewer services shall have tracer wire installed. Detail plates and specifications shall be provided to the developer to meet this requirement and shall be defined in the supplemental provision for The Park Utility and Street Construction Project Manual. 20. All public streets’ base course shall utilize an asphalt binder grade of “C” in accordance with MnDOT asphalt grades (Table 2360-2), plates and cross-section details shall be updated accordingly. 21. Driveways shall be setback at least ten feet from the side property lines in accordance with section 20-1122 of City Ordinances. 22. All driveways shall be located outside side lot drainage and utility easements. 23. The developer shall coordinate with the Building Department and Public Works Utility Department to determine which homes shall be required to install pressure reducing valves prior to the issuance of building permits. 24. The contractor shall contact the city inspector for inspection of all insulated pipe crossings. 25. On Sheet 1.3, provide a separate, enlarged inset detail of the proposed connection to the 24” DIP water main at the intersection of Galpin Boulevard and Hunter Drive/“Paisley Path” that includes plan and profile views of the location of all existing utilities. Include a note to coordinate this work with the Public Works Utility Department and city inspector 48 hours prior to wet tap. 26. On Sheet 1.5 of the sanitary sewer and water main plans: DIP tees for risers on “Purple Parkway” shall be updated to be C900 wyes; the 20’ DIP stubbed out of MH 16-078 shall be PVC, also add note to address proper pipe support (compaction) under influence zone of pipe. 27. For all storm sewer plans: any HDPE pipe shall be called-out as “N-12” in accordance with city standard specifications. 28. Developer shall underground all overhead utilities off Galpin Boulevard and provide security in the amount of $364,400.00 to guarantee completion of the undergrounding with the 2nd Addition of The Park. Stormwater Conditions & Wetlands 1. An operations and maintenance plan for the proposed stormwater management system will be required prior to approval. 2. All comments and conditions set forth by the Riley Purgatory Bluff Creek Watershed District shall be addressed by the applicant. 3. Access routes for all proposed stormwater basins are required for maintenance purposes. Applicant should call out access locations for all proposed stormwater basins. 203914v2 SP-7 4. A defined riprap EOF spillway will be required for all stormwater basins per details provided on Sheet 33. Applicant should include location and elevation of all EOF spillways on the storm sewer plans. 5. The only remaining inconsistency to update is the weir in OCS 400B should be changed in HydroCAD from a four-foot weir to a five-foot weir. 6. Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by City Code. 7. Wetland Buffers. Wetland buffers and buffer monumentation will be required adjacent to the wetlands on site. Please indicate wetland buffer widths and locations where signage will be placed on a plan sheet. Please find additional information on signage placement in the city’s guidance document. The WMO provides signs and sign posts for the cost of materials. Alternative signs (by the city or applicant) are also acceptable provided they contain similar information. Wetland buffers and buffer setbacks pursuant to section 20-411 and consistent with the preliminary plat must be memorialized with a recorded wetland buffer agreement filed with the county recorder’s office. 8. Where possible, the applicant shall update all storm sewer so the maximum pipe velocity is 12 feet per second. If not possible, pipe velocities should not exceed 15 feet per second per MnDOT guidance. 9. The 15” outlet pipe from CB-490 should be included in the HydroCAD model to ensure the pipe does not restrict flow and back up water at the low point. The 19” horizontal orifice should be routed to the 15” pipe. 10. The slope of the outlet pipe from Wetland 12 should be updated in the HydroCAD model to match what is illustrated on the plans. 11. For the basins where filtration is proposed, the infiltration in P8 should be routed to the downstream waterbody instead of out of the system for accuracy. It appears the proposed stormwater system will still meet water quality requirements after the updates. Landscaping and Tree Preservation 1. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. 2. The applicant shall meet the minimum requirement of 461 trees for the development. All required trees must meet minimum size requirements for deciduous and evergreen species. 3. Buffer plantings shall be added to the east of the city well building. Five evergreen trees shall be planted to the east of the well house. 203914v2 SP-8 4. Any well house access road shall avoid removals of any significant trees in Outlot E or F. No significant oaks may be removed. 5. Northern Pin Oak shall be replaced with White, Bur, Red or Bi-color oak species in the plant schedule. 6. No tree Genus shall comprise of more than 20% of the total number of trees and no tree species shall comprise of more than 10% of the total number of trees. 7. Lots with significant tree cover contain conservation easements to protect the wooded areas. Lots 153 and 154 shall have protective easements over parts of the lot containing existing forest. Specifically, the westerly 200 feet of Lot 154, and the easterly 200 feet of Lot 153. 8. Fifteen evergreen trees shall be planted in Outlot A north of Royal Oak Estates. Location to be determined by the City Forester. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. (remainder of page intentionally left blank) (signature pages to follow) 203914v2 SP-9 CITY OF CHANHASSEN BY: Elise Ryan, Mayor (SEAL) AND: Todd Gerhardt, City Manager STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 20__, by Elise Ryan, 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 203914v2 SP-10 U.S. HOME CORPORATION D/B/A LENNAR BY: Jonathan Aune, Vice President STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20__, by Jonathan Aune, Vice President of U.S. Home Corporation, a Delaware Corporation, D/B/A Lennar, on behalf of the company. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 203914v2 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Tract A, Registered Land Survey No. 89, files of Registrar of Titles, Carver County, Minnesota. Together with: Tract B, Registered Land Survey No. 89, according to the recorded plat thereof, Carver County, Minnesota, except all that part thereof lying northerly of the following described line: Commencing at the North Quarter corner of Section 10, Township 116, Range 23, said Carver County; thence on an assumed bearing of South 00 degrees 45 minutes 14 seconds East, along the North-South Quarter line of said Section 10, a distance of 515.00 feet to the point of beginning of the line to be described; thence South 87 degrees 48 minutes 41 seconds East, along a line parallel with the North line of the Northeast Quarter of said Section 10, a distance of 1661 feet plus or minus to the east line of said Tract B and the shoreline of Lake Lucy and there terminating. Together with: That part of the South Half of the Northeast Quarter of the Northwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, lying easterly of the centerline of County Road No. 117, also known as Galpin Boulevard, and lying North of the South 186.00 feet of said South Half of the Northeast Quarter of the Northwest Quarter thereof. Together with: That part westerly 183.00 feet of each of the following two tracts: (1) That part of the south 186.00 feet of the Northeast Quarter of the Northwest Quarter of Section 10, Township 116 North, Range 23 West of the 5th Principal Meridian, lying easterly of the centerline of County Road No. 117 (also known as Galpin Lake Road and formerly known as Chaska and Excelsior Road and as Excelsior and Shakopee Road). (2) That part of the South Half of the Northwest Quarter of Section 10, Township 116 North, Range 23 West of the 5th Principal Meridian, lying easterly of the centerline of County Road No. 117 (also known as Galpin Lake Road and formerly known as Chaska and Excelsior Road and as Excelsior and Shakopee Road). Which lies northerly of lines described as follows: 203914v2 Commencing at the northeast corner of said South Half of the Northwest Quarter; thence on an assumed bearing of North 89 degrees 49 minutes 08 seconds West, along the north line of said South Half of the Northwest Quarter a distance of 588.71 feet, to the beginning of the lines to be described; thence South 65 degrees 37 minutes 15 seconds West a distance of 98.69 feet; thence northwesterly a distance of 141.37 feet along a non-tangential curve concave to the southwest having a radius of 180.00 feet and a central angle of 45 degrees 00 minutes 00 seconds, the chord of said curve is 137.77 feet in length and bears North 46 degrees 52 minutes 45 seconds West; thence North 69 degrees 22 minutes 45 seconds West, tangent to said curve a distance of 40.00 feet and said line there terminating. 203914v2 IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2______, of (Name of Bank) "; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2______. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: ____________________________________ Its ______________________________ 203914v2 GC-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS 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 203914v2 GC-2 the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash 203914v2 GC-3 escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any 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. Park dedication for the entire plat is satisfied by the conveyance of Outlot A to the City. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City’s approved tree list are prohibited. The minimum tree size shall be two and one-half (2½) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1st. Upon expiration of the time period, 203914v2 GC-4 inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re-spread against the plat in accordance with City standards. 17. Hook-up Charges. At the time of final plat approval the Developer shall pay 30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot in the plat in the amount specified in Special Provision, Paragraph 8, of this Development Contract. The balance of the hook-up charges is collected at the time building permits are issued are based on 70% of the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City 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 203914v2 GC-5 signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as -built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2½%) of construction costs for the first $1,000,000 and one and one-half percent (1½%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees 203914v2 GC-6 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 attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City’s base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the 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) business days in advance, except not notice is necessary in cases of emergency as determined by the City. 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. 203914v2 GC-7 B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer’s obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City’s failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Except for model homes authorized under the City Code, 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) 203914v2 GC-8 days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the 203914v2 GC-9 request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws, Ordinances, and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. 203914v2 GC-10 V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. The Developer, the Developer’s contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer’s telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11”x17” reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2) two complete full-size sets of blue line/paper as-built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as-built plans in both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as-built survey is completed. If the weather conditions at the time of the as-built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as-built escrow withheld until all work is complete. CIVIL ENGINEERSLAND PLANNERSLAND SURVEYORSLANDSCAPE ARCHITECTS CIVIL ENGINEERSLAND PLANNERSLAND SURVEYORSLANDSCAPE ARCHITECTS CIVIL ENGINEERSLAND PLANNERSLAND SURVEYORSLANDSCAPE ARCHITECTS CIVIL ENGINEERSLAND PLANNERSLAND SURVEYORSLANDSCAPE ARCHITECTS CIVIL ENGINEERSLAND PLANNERSLAND SURVEYORSLANDSCAPE ARCHITECTS CIVIL ENGINEERSLAND PLANNERSLAND SURVEYORSLANDSCAPE ARCHITECTS CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA ORDINANCE NO. 640 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code,the city's zoning ordinance, is hereby amended by rezoning all property described within Exhibit A from Rural Residential District, RR, to Planned Unit Development Residential, PUD-R. Section 2. The rezoning of this property incorporates the following development design standards: The Park Zoning Standards a. Intent The purpose of this zone is to create a Planned Unit Development(PUD)for single-family detached housing. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more-sensitive proposal. The development will preserve 50 acres of woods adjacent to Lake Ann. There are a number of housing collections with a variety of housing styles and exterior materials within each collection serving different life stages. Except as modified by this PUD ordinance, the development shall comply with the requirements of the Residential Low and Medium Density District, RLM. The property shall be developed in accordance with the following plans. 1. Preliminary Plat(revised plan dated April 4, 2019) 44 im, S sem,, ,, 2.. r l .R i ._... a I 1 2. Landscaping Plan (revised plan dated April 4, 2019) I1 mmolomo cureoszerreammememin e— --- III co:I=casmim 7 Z:' ate,,. - 41tot4e4kt ' l -•'. n. r F s x'n:4 #Win: 91 i" Y iii*k D CC7 -s:...w• e- _fir Is:ew I._--_ i ,,.auan.. I .--4'''...-- i .-___ . i"I 3. Tree Preservation Plan 1 4. 4:1;„.,,,...44. 41 l 4\„.„........._ yam 1 y i rt J '• 4+p', 40 to;; 7.40;t07",,,, %, S 3:5' V 9 44 4. House Plans b. Permitted Uses 1. The permitted uses in this zoning district shall be single-family detached houses and their accessory uses. House plans include the Lennar Lifestyle, Luxury, Landmark, Classic, and 31 Villa home plans or similar or equivalent plans. c.Design Standards 1. Development-Amenities Design 2 Integrate pathways with the local street system to maximize access and flexibility of use. 2. House designs There shall be a mix and a variety of housing materials. Linear repetitive streetscape appearance and building facades shall be avoided by providing variation between the front elevations. No two identical facades shall be located next to each other. The same front or rear elevations shall not be located directly across from one another. No similar material/colors shall be located adjacent to each other. There shall be articulation of wall planes, a variety of roof forms, variation in roof heights or other architectural treatments. If side loaded garages are incorporated into the development, the front facing wall must be architecturally integrated with the design of the home (no blank wall). d. Lot Requirements and Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks: THE PARK COMPLIANCE TABLE The PUD ordinance requires setbacks from roadways and exterior property lines. The following tables displays those setbacks. Lots with a minimum 90 feet of frontage Minimum Lot Dimensions and Maximum Lot Cover Lot Area(SF) Lot Width(Feet) Lot Depth (Feet)Max Lot Cover(SF) 15,000 90 125 5,500 Lot Setbacks Front Setback Rear Setback Side Yard Setback Corner Setback CR 117 Setback 20 feet* 25 feet 7.5 feet 20 feet 50 feet 25 feet with sidewalk Bluffs: 30-foot setback,20-foot impact zone. Wetland Buffer Setback: 20 feet. Lots with a minimum 65 feet of frontage Minimum Lot Dimensions and Maximum Lot Cover Lot Area(SF) Lot Width(Feet) Lot Depth(Feet)Max Lot Cover(SF) 8,450 65 125 4,400 Lot Setbacks Front Setback Rear Setback Side Yard Setback Corner Setback CR 117 Setback 25 feet 25 feet 7.5 feet 20 feet 50 feet Bluffs: 30-foot setback,20-foot impact zone. Wetland Buffer Setback: 20 feet. 3 Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations,references,and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 11th day of March, 2019 by the City Council of the City of Chanhassen, Minnesota. Todd Gerhardt, City Manager Elise Ryan, Mayor Published in the Chanhassen Villager on June 6, 2019) 4 EXHIBIT A Legal Description: Tract A, Registered Land Survey No. 89, files of Registrar of Titles, Carver County, Minnesota. Tract B, Registered Land Survey No. 89, files of Registrar of Titles, Carver County, Minnesota. Tract C, Registered Land Survey No. 89, files of Registrar of Titles, Carver County, Minnesota. That part of the Northeast Quarter of the Northwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at the North Quarter corner of said Section 10; thence South along the North- South Quarter line of said Section 10 as distance of 409.69 feet; thence West along a line parallel with the South line of the North Half of said Northeast Quarter of the Northwest Quarter a distance of 435.76 feet to the centerline of the Excelsior-Shakopee Road; thence Northeasterly along said centerline a distance of 419.39 feet to the North line of side Section 10; thence East along the North line of said Section 10 to the point of beginning, all according to the U.S. Government Survey thereof. That part of the South half of the Northeast Quarter of the Northwest Quarter of Section 10, Township 116, Range 23 Carver County, Minnesota lying easterly of the centerline of County Road No. 117, also known as Galpin Boulevard, and lying North of the South 186.00 feet of said South half of the Northwest Quarter of the Northwest Quarter thereof. Together with: That part westerly 183.00 feet of each of the following two tracts: 1) That part of the South 186.00 feet of the Northeast Quarter of the Northwest Quarter of Section 10, Township 116 North, Range 23 West of the 5th Principal Meridian, lying Easterly of the centerline of County Road No. 117 (also known as Galpin Lake Road and formerly known as Chaska and Excelsior Road and as Excelsior and Shakopee Road). 2) That part of the South Half of the Northwest Quarter of Section 10, Township 116 North, Range 23 West of the 5th Principal Meridian, lying Easterly of the centerline of County Road No. 117 (also known as Galpin Lake Road and formerly known as Chaska and Excelsior Road and as Excelsior and Shakopee Road). 5 Which lies northerly of lines described as follows: Commencing at the Northeast corner of said South Half of the Northwest Quarter; thence on an assumed bearing of North 89 degrees 49 minutes 08 seconds West, along the North line of said South half of the Northwest Quarter a distance of 588.71 feet, to the beginning of the lines to be described; thence South 65 degrees 37 minutes 15 seconds West a distance of 98.69 feet; thence Northwesterly a distance of 141.37 feet along a non-tangential curve concave to the Southwest having a radius of 180.00 feet and a central angle of 45 degrees 00 minutes 00 seconds, the chord of said curve is 137.77 feet in length and bears North 46 degrees 52 minutes 45 seconds West; thence North 69 degrees 22 minutes 45 seconds West, tangent to said curve a distance of 40.00 feet and said line there terminating. 6 Lot Lot Area (SF) Lot Width (Feet) Lot Depth (Feet) Impervious Area (SF) 90 ft Lots PUD 15,000 90 125 5,500 65 ft Lots PUD 8,450 65 125 4,400 Front Setback Rear Setback Side Yard Setback Corner Setback CR 117 Setback 90 ft Lots 20 ft * 25 ft 7.5 ft 20 ft 50 ft 65 ft Lots 25 ft 25 ft 7.5 ft 20 ft 50 ft Wetland Buffer Setback 20 ft. All lot widths are shown at the 25 ft setback * 25 ft with Sidewalk 65 ft Lots Lot Block Lot Area (SF) Lot Width (Feet) Lot Depth (Feet) Impervious Area (SF) 1 1 9,384 65 140 4,400 2 1 10,183 65 147 4,400 3 1 10,101 65 148 4,400 4 1 12,400 77 160 4,400 5 1 10,106 65 160 4,400 6 1 10,705 67 130 4,400 7 1 12,478 68 130 4,400 8 1 12,855 70 130 4,400 9 1 12,511 88 130 4,400 10 1 10,734 67 130 4,400 11 1 9,709 65 154 4,400 12 1 10,909 77 142 4,400 13 1 9,300 65 141 4,400 14 1 9,099 65 140 4,400 15 1 9,648 66 136 4,400 16 1 9,222 66 134 4,400 17 1 9,702 66 134 4,400 18 1 11,178 85 131 4,400 19 1 9,313 65 133 4,400 20 1 9,390 65 135 4,400 1 2 10,614 77 136 4,400 2 2 9,760 65 151 4,400 3 2 10,624 65 165 4,400 4 2 9,821 65 144 4,400 5 2 11,743 75 133 4,400 6 2 13,559 77 130 4,400 7 2 12,541 68 130 4,400 8 2 12,405 68 132 4,400 9 2 11,445 67 130 4,400 10 2 9,969 67 148 4,400 11 2 9,835 77 150 4,400 12 2 9,341 67 138 4,400 13 2 9,304 67 138 4,400 1 3 9,000 67 130 4,400 2 3 9,483 67 130 4,400 3 3 9,090 65 130 4,400 4 3 8,450 65 130 4,400 5 3 8,450 65 130 4,400 6 3 8,450 65 130 4,400 7 3 8,450 65 130 4,400 8 3 10,248 65 140 4,400 9 3 11,934 78 150 4,400 10 3 9,968 67 152 4,400 11 3 10,494 67 127 4,400 12 3 12,511 68 130 4,400 13 3 12,855 70 130 4,400 14 3 12478 68 130 4400 15 3 10419 67 125 4400 16 3 9823 67 149 4,400 17 3 12310 86 153 4,400 THE PARK 1st ADDITION COMPLIANCE TABLE c2OFTHE PARK 1ST ADDITIONCHANHASSEN, MINNESOTA5-24-19JLTJLTNameReg. No.DateRevisionsDateDesignedDrawn2015 Pioneer Engineering, P.A.Mendota Heights, MN 551202422 Enterprise Drive(651) 681-1914Fax: 681-9488www.pioneereng.comLANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS5-24-19I hereby certify that this plan was prepared byme or under my direct supervision and that Iam a duly Licensed Landscape Architectunder the laws of the State of Minnesota44763Jennifer L. ThompsonL1LENNAR16305 36TH AVENUE NORTHPLYMOUTH, MINNESOTA 55446LANDSCAPE PLAN c 2OFTHE PARK 1ST ADDITION CHANHASSEN, MINNESOTA 5-24-19 JLT JLT Name Reg. No.Date Revisions Date Designed Drawn 2015 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L2LENNAR 16305 36TH AVENUE NORTHPLYMOUTH, MINNESOTA 55446 LANDSCAPE PLAN The Park 5-24-19