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HomeMy WebLinkAboutItem 06.hOctober 13, 2011 Item No. SPIRIT OF BRANDTJEN FARM 8 111 ADDITION OCTOBER 17, 2011 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Spirit of Brandtjen Farm 8 Addition final plat and final stage planned unit development. Adoption of this motion will allow the development of 14 more single family lots in the Spirit of Brandtjen Farm planned unit development (SBF PUD). Overview Tradition Development (a /k/a SBF Development Corp.) representatives are requesting approval of the Spirit of Brandtjen Farm 8 Addition final plat of 14 single family lots as the next development phase for the SBF PUD. SBF 8 Addition is the second and last phase of the 29 single family lot SBF 6 Addition preliminary plat approved last year. SBF 6 Addition was a re- plat of lots that were preliminary and final platted with the first SBF development phase in 2005. The Planning Commission unanimously recommended approval of the SBF 8 Addition final plat on the consent agenda of their September 22, 2011. The Parks, Recreation and Natural Resources Committee recommended approval of the final plat at their September 21, 2011 meeting. Staff also recommends approval. Primary Issues to Consider • What are the security arrangements for SBF 8 Addition? The existing letter of credit submitted with the original SBF final plat is still in place. The developer will request City approval of an alternate security (disbursement) agreement in the spring when they plan on constructing this development phase. The alternate security agreement, which will require City Council approval at a future meeting, will allow the existing letter of credit to be reduced. Supporting Information • Resolution approving the SBF 8 Addition final plat • Signed development contract and PUD agreement • September 22, 2011 draft Planning Commission meeting minutes • September 21, 2011 draft Parks, Recreation and Natural Resources Committee minutes • September 16, 2011 planning and engineering reports Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision ordinances, SBF PUD Notes: Reserved for Dakota County Recording Information CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF SPIRIT OF BRANDTJEN FARM 8 ADDITION WHEREAS, the owner of the plat described as Spirit of Brandtjen Farm 8 Addition has requested final plat approval; and WHEREAS, the final plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; and WHEREAS, the final plat is acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The final plat of Spirit of Brandtjen Farm 8 Addition is hereby approved subject to the terms and conditions of the Spirit of Brandtjen Farm Master Planned Unit Development Stage Plan Agreement dated October 17, 2005. 2. The Mayor and City Clerk are hereby directed to sign the development contract and planned unit development agreement and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. APPROVED AND ADOPTED this 17 day of October, 2011. ATTEST: Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) CITY OF LAKEVILLE BY: Mark Bellows, Mayor I hereby certify that the foregoing Resolution No. is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 17 day of October, 2011, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) AGREEMENT dated (reserved for recording information) DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) SPIRIT OF BRANDTJEN FARM 8TH ADDITION 2011, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and SBF DEVELOPMENT CORP., a Minnesota corporation (the "Developer"). 1. REQUEST FOR PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The Developer has asked the City to approve a plat and planned unit development for SPIRIT OF BRANDTJEN FARM 8TH ADDITION (referred to in this Contract as the "plat "). The land is situated in the City of Lakeville, County of Dakota, State of Minnesota, and is legally described as follows: Out/0/A, SPIRIT OF BRANDTJEN FARM 6 H ADDITION, according to the recorded plat thereof The Spirit of Brandtjen Farm 8th Addition site is zoned PUD, Planned Unit Development, and is subject to the provisions of Ordinance Number 787 approved by the Lakeville City Council on June 20, 2005, as well as the requirements listed in the Spirit of Brandtjen Farm Planned Unit Development Plan Booklet dated June 20, 2005 ( "SBF PUD Booklet "). 159849v03B 1 LKVL:SPHRUT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) 2. CONDITIONS OF PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The City hereby approves the plat and planned unit development 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 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Without the written permission of the City, 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 has been received by the City, and 3) the plat has been filed with the Dakota County Recorder of Registrar of Titles Office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi - phased 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, sanitary sewer charges, and storm sewer charges 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 Tots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. 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. 6. CHANGES IN OFFICIAL CONTROLS. For fifteen (15) years from the date of the SBF PUD Stage Plan Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current metropolitan 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 159849v03B 2 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. 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 Plans A and B, the plans may be prepared, subject to the City Engineer's approval before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Plans and Specifications for Public Improvements Plan D - Street Lighting Plan Plan E - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Public Sidewalks The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the City Code concerning erosion and drainage and Section 4 -1 -4 -2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional 159849v03B 3 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a pre- construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed. 9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: • Minnesota Department of Health for Watermains • NPDES Permit for Stormwater Connections • MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal • DNR for Dewatering • City of Lakeville for Building Permits 159849v03B 4 LKVL:SPmUT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) • MCES for Sanitary Sewer Connections • City of Lakeville for Retaining Walls • NPDES General Stormwater Permit for construction activity 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2012, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. 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. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly 159849v03B 5 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. 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. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit or other posted security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 15. GRADING PLAN. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except one model home permit on a lot acceptable to the Building Official), the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all storm water treatment basins, swales, and ditches have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of storm water treatment basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas /stockpiles, and installed "conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3 -5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any 159849v03B 6 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/sm: rl0/13/2011 (SBF Development Corp.) construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in -house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3 %) of construction costs identified in the Summary of Security Requirements if using a letter of credit, or three and one - quarter percent (3%%) if using an alternate security /disbursement agreement of the estimated construction cost, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City's in -house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be seven percent (7 %) of the estimated construction cost. 19. STORM SEWER. Development of Spirit of Brandtjen Farm 8th Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right -of -way and lots to the existing City -owned stormwater basins located east of and adjacent to the site (Outlot C, Spirit of Brandtjen Farm 6th Addition). The trunk storm sewer area charge for Spirit of Brandtjen Farm 8th Addition was paid with the Spirit of Brandtjen Farm final plat in 2005; therefore, no storm sewer area charge is due with this phase of development. The Developer has a trunk storm sewer credit of $158,967.64 that will be applied to future phases of the Spirit of Brandtjen Farm development. 159849v03B 7 LKVL:SPHUT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) 20. SANITARY SEWER. Development of Spirit of Brandtjen Farm 8th Addition includes public sanitary sewer construction. Eight inch and twelve inch sanitary sewer will be extended within the plat via a connection to the MCES Lakeville Interceptor located near the southwest corner of Outlot GG, Spirit of Brandtjen Farm to provide service to a majority of the lots within Spirit of Brandtjen Farm 8th Addition. Two of the lots will utilize existing sanitary sewer services previously installed with Spirit of Brandtjen Farm 6th Addition improvements. One lot will require a new sanitary sewer service connection to existing sanitary sewer. The sanitary sewer trunk area charge for the Spirit of Brandtjen Farm 8th Addition was paid with the Spirit of Brandtjen Farm plat in 2005; therefore, no sanitary sewer availability charge is due with this phase of development. There are no trunk sanitary sewer credits with this plat as specified in the Spirit of Brandtjen Farm Development Contract and Planned Unit Development Final Plan. 21. WATERMAIN. Development of Spirit of Brandtjen Farm 8th Addition includes public watermain construction. Eight inch and twelve inch watermain will be extended within the plat from an existing watermain stub to provide service to the lots within Spirit of Brandtjen Farm 8th Addition. Two of the lots will utilize existing water services previously installed with Spirit of Brandtjen Farm 6 Addition improvements. One lot will require a new water service connection to existing watermain. The Developer previously received a credit for the trunk watermain improvements within Eagleview Drive in the form of a credit to the Spirit of Brandtjen Farm cash fees; therefore, no additional credit will be applied to Spirit of Brandtjen Farm 8 Addition. 22. PRIVATE ALLEY. Development of Spirit of Brandtjen Farm 8 Addition includes the construction of a private alley. The alley is designed to provide owner driveway access to lots with frontage along Eagleview Drive and will provide a connection between Eagleview Drive and Dynamic Drive. The 14 -foot wide private alley will be located within Outlot A, Spirit of Brandtjen Farm 8 Addition and will be privately owned and maintained by a management association. The streetscape design is consistent with the SBF PUD Booklet dated June 20, 2005. 159849v03B 8 LKVL:SPHUT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to Eagleview Drive via 170th Street. 24. PARK DEDICATION, TRAILS AND SIDEWALKS. Development of Spirit of Brandtjen Farm 8th Addition will not require public trail construction; it does, however, include the construction of public concrete sidewalks. Five foot wide concrete sidewalks must be constructed along both sides of all local streets within the plat, consistent with the SBF PUD Booklet dated June 20, 2005. The City's Parks, Trails and Open Space Plan does not designate an area within the proposed plat as future park land. The City park dedication requirement for the Spirit of Brandtjen Farm 8th Addition was satisfied through land dedication and a cash fee paid with the Spirit of Brandtjen Farm plat in 2005; therefore, no park dedication is due with Spirit of Brandtjen Farm 8th Addition. The Developer has a park dedication credit of $255,357.22 that shall be applied to future phases of the Spirit of Brandtjen Farm development. 25. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat. Suitable deciduous trees include: Birch Honeylocust Maple Ginkgo (male only) Kentucky Coffee Oak Hackberry Linden (Basswood) Suitable coniferous trees include: Fir European Larch Colorado Blue & Green Spruce Cedar Black Hills Spruce Austrian Pine Canadian Hemlock White Pine Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum deciduous tree size shall be two and one -half (21/2) inches caliper, either bare root in season, or balled and burlapped. Evergreen trees must be at least six feet (6') tall. The required two (2) trees may not be planted in the boulevard. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot. 159849v03B 9 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/sm: r10/13/2011 (SBF Development Corp.) Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home is constructed on a lot. Before a building permit is issued, a cash escrow or letter of credit in the amount of $2,000.00 per lot shall be furnished the City to guarantee compliance with the erosion control, grading and landscaping requirements. If the erosion control, final grading and landscaping is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow or letter of credit toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, Tess any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. 26. BOULEVARD TREES. The Developer must install landscaping within the median of Eagleview Drive and the boulevard area of both Eagleview Drive and Dynamic Drive consistent with the streetscape design standards identified in the approved SBF PUD Booklet dated June 20, 2005. The landscaping must be installed such that it does not restrict visibility to traffic control signage. The Developer shall center boulevard trees 3% feet from the curb and 2% feet from the sidewalk. In an effort to protect the sidewalks and streets, the Developer shall install root barrier adjacent to both the curb and sidewalk. The trees must be maintained by the homeowner's association who must trim the trees to obtain a minimum future branch height of 13 feet. This complies with the design standards of the approved Spirit of Brandtjen Farm PUD. 27. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the September 16, 2011, Engineering report. B. Implementation of the recommendations of the Parks, Recreation, and Natural Resources Committee. C. Before the City signs the final plat, a resolution restricting parking to one side of Dynamic Drive must be approved by the City Council. 159849v03B 10 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) Lot Designation Cottage Lot 1, Block 1 Lots 1 -6, Block 2 Lots 2 -5, Block 4 Traditional Lots 1 -2, Block 3 Lot 1, Block 4 D. The existing public drainage and utility easement within the parent parcel of Spirit of Brandtjen Farm 8 Addition must be vacated consistent with City policy. E. The lots within Spirit of Brandtjen Farm 8 Addition have the following PUD designations: F. The lots in Spirit of Brandtjen Farm 8 Addition must meet the setback and design standards established by the approved SBF PUD Booklet dated June 20, 2005. G. Driveway access to Eagleview Drive is not permitted. H. Documents including the modifications of the lots and open space within Spirit of Brandtjen Farm 8th Addition as part of the SBF Master Homeowners Association are required to provide for long -term ownership and maintenance. These documents are subject to review and approval of the City Attorney. The Spirit of Brandtjen Farm 8th Addition final plat must be developed consistent with the SBF PUD Stage Plan Agreement approved June 20, 2005. J. The existing temporary turnaround at the terminus of Dynamic Drive must be removed. The existing temporary public roadway, drainage and utility easement will expire with the recording of the Spirit of Brandtjen Farm 8 Addition final plat and the extension of Dynamic Drive. K. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $1,500.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 15 lots /outlots at $100.00 per Iot/outlot. The security will be held by the City until the Developer's land surveyor certifies that all 159849v03B 11 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. L. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $75.00 per lot and outlot and is calculated as follows: 15 lots /outlots x $75.00 /unit = $1,125.00 M. The Developer shall be responsible for the cost of street Tight installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The estimated amount of this security is $5,700.00 and consists of three (3) mast arm streetlights at $1,500.00 each and one post -top streetlight at $1,200.00. N. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. 0. Building permits for the Tots abutting Eagleview Drive and the lots adjacent to the 12- inch sanitary sewer line will not be issued until sanitary sewer and water services, the first lift of bituminous pavement, and concrete curb and gutter are constructed. 28. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer has furnished the City a letter of credit from US Bank dated March 30, 2006 for $2,525,356.36. Upon the Developer's application the City will agree to a reduction in the March 30, 2006 letter of credit when the Developer furnishes the City with an Alternate Security and Disbursement Agreement, in the form attached hereto in the amount of $722,326.86, together with a letter of credit, in the form attached hereto, for twenty -five percent (25 %) of the Alternate Security and Disbursement Agreement amount or 159849v03B 12 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) $180,581.72 to act as surety and to cover any Contract increases (the Alternate Security and Disbursement Agreement and the letter of credit are collectively referred to herein as "security "). The Developer must also pay a cash fee of $1,534.61 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Sanitary Sewer $ 179,254.15 Watermain 83,670.19 Storm Sewer 46,460.96 Street Construction 299,457.50 Erosion Control, Restoration and Grading Certification 5,000.00 CONSTRUCTION SUB -TOTAL $ 613,842.80 OTHER COSTS: Developer's Design (6.0 %) $ 36,830.57 Developer's Construction Survey (2.5 %) 15,346.07 City Legal Expenses (Est. 0.5 %) 3,069.21 City Construction Observation (Est. 7.0 %) 42,969.00 Developer's Record Drawings (0.5 %) 3,069.21 Street Lights 5,700.00 Lot Corners /Iron Monuments 1,500.00 OTHER COSTS SUB -TOTAL $ 108,484.06 TOTAL PROJECT SECURITIES: $ 722,326.86 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, without notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the Security may be reduced from time to time by ninety percent (90 %) of the financial obligations that have been satisfied. Ten percent (10 %) of the amounts certified by the Developer's engineer shall be retained as security until all 159849v03B 13 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City's standard specifications for utility and street construction outline procedures for security reductions. 29. SUMMARY OF CASH REQUIREMENTS. The cash fees for park dedication, trunk sanitary sewer area charge, trunk storm sewer area charge, traffic control signs, one -year of street light operating expenses, one -year of surface water management expenses, and City engineering administration (based on 3.00% of the estimated construction cost for letters of credit) were paid with the Spirit of Brandtjen Farm plat in 2005. The fee for City engineering administration is based on 3.25% of the estimated construction cost for alternate security and disbursement agreements. The City engineering administration fee for Spirit of Brandtjen Farm 8 Addition will be based on 0.25% (3.25% - 3.00% = $0.25 %). The following is a summary of the cash requirements for Spirit of Brandtjen Farm 8th Addition under this Contract which must be furnished to the City at the time of final plat approval: City Base Map Updating City Engineering Administration (0.25 %) TOTAL CASH REQUIREMENTS Developer Credits: Park Dedication Credit Trunk Storm Sewer Credit Total Developer Credits 159849v03B 14 $ 1,125.00 1,534.61 $ 2,659.61 $ 255, 357.22 158, 967.64 $ 414,324.86* * TO BE APPLIED TO FUTURE PHASES OF THE SPIRIT OF BRANDTJEN FARM DEVELOPMENT. 30. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to secure the warranties. The City shall retain ten percent (10 %) of the security posted by the Developer until LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) the maintenance bonds are furnished the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City's standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 31. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents 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, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. 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 plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18 %) per year. 159849v03B 15 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) 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. 32. 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, except in an emergency as determined by the City, is first given notice of the work in default, not Tess than forty -eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 33. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. 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. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except one model home on a lot acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning ordinance is required prior to the construction of any model homes. 159849v03B 16 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. 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. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and /or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Developer shall take out and maintain or cause to be taken out and maintained 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 $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate 159849v03B 17 LKVL:SPIRIT OF BRANDTJEN FARM 8 1 11 ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express 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. 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. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 34. NOTICES. 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 certified mail at the following address: 16972 Brandtjen Farm Drive, Lakeville, Minnesota 55044. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. [The remainder of this page has been intentionally left blank. Signature pages follow.] 159849v03B 18 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/sm: r10/13/2011 (SBF Development Corp.) (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) CITY OF LAKEVILLE BY: AND Mark Bellows, Mayor Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2011, by Mark Bellows and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 159849v03B 19 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. RNK/srn: r10/13/2011 (SBF Development Corp.) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was 2011, by fi jai** ffihak SBF Development Corp., a Minnesota F T, ,,, Rachel Lynn Halverson y 4 ` Notary Public t? Minnesota L. My Commission Expires January 31, 2014 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:srn DEVELOPER: SBF DEVELOPMENT C BY: acknowledged before me this 1 1 -1 114- day of O emg./ , the j)fclactg of corporation, on behalf of the corporation. NOTARY PUBLIC 159849v03 20 LKVL:SPIRIT OF BRANDTJEN FARM 8TH ADD. SRN:r10 /12/2011 (SBF Development Corp.) CITY OF LAKEVILLE Planning Commission Meeting Minutes SEPTEMBER 22, 2011 e September 22, 2011 Planning Commission meeting was called to order by Vice C 'r Lillehei in the City Hall Council Chambers at 5:00 p.m. Flag pl • ' :e and roll call of members: Present: Vice Chair Lillehei ommissioner Blee missioner Boerschel Co issioner Drotning Com sioner Grenz Commis • ' • ner Maguire Ex- officio • zhenry Absent: Chair Davis Staff Present: Daryl Morey, Tanning Director; Zach Johnson, Assistant City Engineer; and Pe Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MIN b' ES: The September 8, 2011 Planning Commi on meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated ' that the follow ing items were istributed to the Planning Commission at tonight's meeting: 1. Draft of the September 21, 2011 Parks, Recreation Natural Resources Committee motion for the Spirit of Brandtjen Farm 8th A Mr. Morey indicated that the Planning Commission will move into work session immediately following tonight's Planning Commission meeting for a resentation on the Development Forum. Mr. Morey stated that the October 6th Planning Commission meeting has • een cancelled due to lack of agenda items. The next Planning Commission meetin: 's scheduled for October 20th which will include a work session to review possibl updates to the Zoning Ordinance. ITEM 5. CONSENT AGENDA ition final plat. 10.50 Motion was made and seconded to approve the September 22, 2011 consent agenda as follows: A. Approve the request of SBF Development Corporation for a final plat of 14 single family lots to be known as Spirit of Brandtjen Farm 8th Addition, located north of 170th Street and east of Eagleview Drive. Ayes: Boerschel, Blee, Lillehei, Maguire, Grenz, Drotning. Nays: 0 There being no further business, the meeting was adjourned at 5:03 p.m. The Planning Commission went immediately into a work session. Respectfully submitted, Penny Brevig, Recording Secretary 1 /6/11 ATTEST: oks Lillehei, Vice Chair 10/06/11 Planning Commission Meeting September 22, 2011 Page 2 CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE Meeting Minutes for September 21, 2011 Me EM 1 Call to order was called to order at 6:00 p.m. ITEM 2 Present: Absent: Matt Staff Present: Parks & R Mac Cafferty, oIl call of members Goodwin, Judy Hayes, Jeanne Peterson, Jerry Zell lage, Scott Kelly, Howard Lovelace, Bob Swan ation Director Steve Michaud, Environmental Resources Manager ording Secretary Patty Ruedy ITEM 3 Approval of Septem The Parks, Recreation & Natural Resource ommittee meeting minutes were approved as presented. ITEM 4 Citizen comments There was one citizen present, no comments. 7, 2011 meeting minutes ITEM 5 Develop Forum results presentation City Administrator Steve Mielke and Associate Planner Allyn Ku development forum which took place this spring. The information will after it is presented to City Council. Committee members reiterated that La be maintained when making decisions on issues that were raised in the standards. DRAFT n reviewed the findings of a osted on the City's website 'lie's quality of life must um in regards to ITEM 6 Staff Report Staff referred to the report in the committee packet. Apple Jack track meet last Friday at Aro Park went well, hosting 1,100 athletes and their families. ITEM 7 Spirit of Brandtjen Farm 8 Addition final plat Spirit of Brandtjen Farm Development Corporation has submitted a final plat for their 8 Addition. The plat will consist of 14 single - family lots and one outlot. The City's Parks, Trails & Open Space System Plan does not designate any future parks in this location. The developer will be required to construct 5' concrete sidewalks on both sides of all local streets consistent with the Spirit of Brandtjen Farm planned unit development originally agreed upon in 2005. The park dedication was previously satisfied through a land dedication and cash contribution paid in 2005. The developer has a remaining credit of $255,357 that will be applied to future phases as the Spirit of Brandtjen Farm develops. Staff is therefore recommending the Parks, Recreation & Natural Resources committee consider recommending to City Council approval of Spirit of Brandtjen Farm 8 Addition final plat. The developer will be required to construct 5' sidewalks on both sides of all local streets. (11.20) Motion made by Goodwin, seconded Zell to recommend City Council consider approval of Spirit of Brandtjen Farm 8 Addition final plat. The developer will be required to construct 5' sidewalks on both sides of all local streets. Finally, the developer is required to follow other recommendations outlined in the Planning and Engineering reports as they pertain to this plat. The developer is also required to follow the natural resources requirement detailed in the Planning and Engineering reports associated with tree preservation, grading, drainage, and erosion control and further recommendations by the Dakota County Soil and Water Conservation District, if applicable. Ayes -4 Nays -0 Memorandum To: Planning Commission From: Daryl Morey, Planning Director" Copy: Jacob Fick, Tradition Development Daniel Licht, NAC Date: September 16, 2011 Subject: Packet Material for the September 22, 2011 Planning Commission Meeting Agenda Item: Spirit of Brandtjen Farm 8 Addition Final Plat BACKGROUND Tradition Development representatives have submitted a final plat application for Spirit of Brandtjen Farm 8 Addition, which consists of 14 single family lots and one outlot on 4.24 acres located east of Eagleview Drive and north of 170 Street. The subject property is part of the 550 acre Spirit of Brandtjen Farm (SBF) Planned Unit Development approved in 2005. The SBF 6 Addition preliminary plat of 29 single family lots and final plat of 15 single family lots was approved by the City Council on October 4, 2010. SBF 6 Addition was a re -plat of lots that were platted with the first SBF development phase in 2005. Tradition Development re- platted the lots in response to market feedback to create additional walk -out lots and to provide more green space area between homes. Exhibits: A. Site Location B. SBF 6 Addition Approved Preliminary Plat C. SBF 8 Addition Proposed Final Plat HISTORY item No. City of Lakeville Planning Department The following is a timeline of plats approved by the City Council for the SBF development: June 20, 2005 — SBF preliminary plat (130 s.f. lots) and PUD October 17, 2005 — SBF final plat (133 s.f. lots) SBF 2 Add. preliminary and final plats (39 s.f. lots and 52 t.h. lots) June 5, 2006 — SBF 3rd Add. preliminary plat (90 s.f. lots) March 5, 2007 — SBF Lakepointe Add. final plat (re -plat of 31 t.h. lots from SBF 2nd Add.) Lot Designation Cottage Lot 1, Block 1 Lots 1 -6, Block 2 Lots 2 -5, Block 4 Traditional Lots 1 -2, Block 3 Lot 1, Block 4 SBF 8 Addition Final Plat September 22, 2011 Planning Commission Meeting June 2, 2008 — SBF Lakepointe 2 Add. preliminary and final plats (re -plat of 6 t.h. lots from SBF 2nd Add.) July 20, 2009 — SBF 3rd Add. final plat (4 s.f. lots) September 8, 2009 — SBF 4 Add. preliminary plat (68 s.f. lots) and final plat (12 s.f. lots); revised a portion of the SBF 3 Add. preliminary plat April 5, 2010 — SBF 5 Add. preliminary and final plats (7 s.f. lots); revised another portion of the SBF 3 Add. preliminary plat October 4, 2010 — SBF 6 Add. preliminary plat (29 s.f. lots) and final plat (15 s.f. lots); re -plat of a portion of the SBF final plat August 1, 2011— SBF 7 Add. final plat (34 s.f. lots); re -plat of a portion of the SBF 4 Add. preliminary plat APPLICATION ANALYSIS Consistency with the Preliminary Plat. The 15 single family Tots are consistent with the SBF 6 Addition preliminary plat approved by the City Council on October 10, 2010. Lot and Setback Requirements. The Tots in SBF 8 Addition are subject to the provisions of the SBF PUD approved by the City Council on June 20, 2005. The proposed Tots are subject to the lot and setback requirements listed in the table on page 7.1 of the SBF PUD Booklet. The lots in SBF 8 Addition have the following PUD lot designations: The table on page 7.1 of the SBF PUD Booklet lists the following setback requirements for both the cottage and traditional lots: Front: house — 20 feet garage door — 25 feet garage non -door — 15 feet Side: Interior: 7 feet Corner: house — 15 feet garage door — 25 feet garage non -door — 15 feet Rear: 20 feet 2 SBF 8 Addition Final Plat September 22, 2011 Planning Commission Meeting Outlots. The SBF 8 Addition final plat includes one outlot (Outlot A), which will be retained by the developer for use as a carriageway to provide driveway access to the lots fronting on Eagleview Drive. Driveway access is not permitted to Eagleview Drive for the lots in SBF 8th Addition consistent with the requirements of the approved SBF PUD. The 14 foot wide carriageway to be constructed within Outlot A will be owned and maintained by a homeowners association. Streets /Sidewalks. The SBF 8 Addition final plat abuts Eagleview Drive, which is identified as a minor collector in the City's Transportation Plan. Eagleview Drive will be extended northeast from its existing terminus adjacent to the south of SBF 8 Addition with the development of this final plat. Eagleview Drive will be constructed as a two -lane divided urban parkway with on- street parking and five foot concrete sidewalks on both sides consistent with the existing street segment and the design standards for SC.1 (Streetscape 1) on pages 6.1 and 6.2 of the SBF PUD Booklet. The right -of -way for Eagleview Drive was dedicated with the SBF final plat in 2005. No additional right -of -way is required with this final plat. The SBF 8 Addition final plat includes the northwesterly extension of Dynamic Drive from its existing terminus in the SBF 6 Addition final plat. Dynamic Drive is a local two -lane undivided urban street with on- street parking on one side and five foot concrete sidewalks on both sides. A 52 foot right -of -way is shown on the final plat for Dynamic Drive consistent with the existing street segment and the design standards for SC.3 (Streetscape 3) on page 6.2 of the SBF PUD Booklet. Dynamic Drive will have parking restricted to one side requiring approval of a resolution by the City Council with the SBF 8 Addition final plat. Landscape Plan. Landscaping will be installed within the median of Eagleview Drive and the boulevard areas of both Eagleview Drive and Dynamic Drive consistent with the existing street segments and the streetscape design standards on pages 6.1 and 6.2 of the SBF PUD Booklet. The landscaping must be installed such that it does not restrict visibility to traffic control signage. Park Dedication. The park dedication requirement for SBF 8 Addition was met with the SBF final plat approved in 2005. Easements. The SBF 8 Addition final plat includes the required drainage and utility easements at the perimeter of all 14 single family Tots. There is an existing public drainage and utility easement within the parent parcel of Outlot A, SBF 6 Addition. This easement will be vacated consistent with City policy. The new public drainage and utility easement to replace the easement to be vacated is included on the SBF 8 Addition final plat. Grading, Drainage, Erosion Control and Utilities. Engineering Department staff have reviewed the SBF 8 Addition final plat and recommend approval in their attached memo dated September 16, 2011. Tree Preservation /Wetlands. There are no significant trees or wetlands located within the SBF 8 Addition final plat. Homeowners Association. Documents incorporating the SBF 8 Addition as part of the SBF Master Homeowners Association are required for architectural and site design oversight and 3 Lot Designation Cottage Lot 1, Block 1 Lots 1 -6, Block 2 Lots 2 -5, Block 4 Traditional Lots 1 -2, Block 3 Lot 1, Block 4 SBF 8 Addition Final Plat September 22, 2011 Planning Commission Meeting access to the private facilities within the SBF development. These documents are subject to review and approval by the City Attorney. RECOMMENDATION Planning Department staff recommends approval of the Spirit of Brandtjen Farm 8 Addition final plat subject to the following stipulations: 1. The recommendations listed in the September 16, 2011 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. A resolution restricting parking to one side of Dynamic Drive must be approved by the City Council. 4. The existing public drainage and utility easement within Outlot A, SBF 6 Addition must be vacated consistent with City policy. 5. The lots in SBF 8 Addition have the following PUD lot designations: 6. The lots in SBF 8 Addition must meet the setback and design standards established by the approved SBF PUD Booklet dated June 20, 2005. 7. Driveway access is not permitted to Eagleview Drive. 8. Five foot concrete sidewalks must be constructed by the developer on both sides of Eagleview Drive and Dynamic Drive consistent with the street sections identified within the approved SBF PUD Booklet dated June 20, 2005. 9. Landscaping must be installed by the developer within the median of Eagleview Drive and the boulevard area of both Eagleview Drive and Dynamic Drive consistent with the streetscape design standards identified within the approved SBF PUD Booklet dated June 20, 2005. The landscaping must be installed such that it does not restrict visibility to traffic control signage. 10. Documents incorporating the SBF 8 Addition as part of the SBF Master Homeowners Association are required. These documents are subject to review and approval by the City Attorney. 4 (plancomm- sbf8finalplat) 0 CC 0 a - jft1 IIIII LLLUUIll m ❑ IIIIIIIIII ((IIIIIIIIIIIIIII1111111111 County Road 46 Spirit of Brandtjen Farm 8th Addition tumg 11 11,1111 r ■11' �\ 1 1111111 �' um* — - -- _ k4'I»It 4Iin 1 NMI 170th Stree 0 E w N Location Map A City of Lakeville Spirit of Brandtjen Farm 8th Addition Exhibit A \ \ \ I H 1� tul I r8:,, ,L.._L„,,._1; ; ,_ U 1J ,4i L -90- _11_63 T8f3$`2 152.94 ,474 i ,1 14 ' 1 - 39 : 221 ` 0 _ _132.79__ _, ' - 133-7 1 A A `' • ) / / E,-80- _ -80- - r -80� 61— 4 0a k 1k V h U 9 i 1� �-- 80- `-�0 l,t0. Fb- c1 O I f SJ /•/ 241'0 SJS. T _ M� / . - 9- / 24a% T — 7-- — .y Z �. ET•V rig \ COL ts'si y r y gip a� L =340.24 R.5500p • I' I. b I �- - - -, p 35 - t*"` L�- 91. - - J � m + A it , 1 -59 6" )` N 4 0. 7 11 = l l \ / \ I \ \ / s. V mw No 0,,,, 1 a " OM. O N 0 in COO 'O NA ,, O ix, G _. 4 0. .. U ossgovm Fugm m�ttm a 9'S c. S m > ■ { 0 z 3 0 N m O O NO 0 g o - 1.14 0 3 m , m Memorandum To: Daryl Morey, Planning Director From: Zach Johnson, Assistant City Engineer McKenzie Cafferty, Environmental Resources Manager Copy: Dennis Feller, Finance Director Gene Abbott, Building Official Date: September 16, 2011 Subject: Spirit of Brandtjen Farm 8 Addition • Final Plat Review • Grading Plan Review • Utility Plan Review City of Lakeville Engineering BACKGROUND SBF Development Corporation has submitted a final plat named Spirit of Brandtjen Farm 8 Addition. The residential subdivision is the second phase of the Spirit of Brandtjen Farm 6 Addition preliminary plat that was approved by the City Council on October 4, 2010. The subdivision is located north of 170 Street, east of Pilot Knob Road (CSAH -31), south of 160 Street (CSAH -46) and west of the future extension of Diamond Path (CSAH -33). The parent parcel consists of Outlot A, Spirit of Brandtjen Farm 6 Addition and is zoned PUD, Planned Unit Development. Development of Spirit of Brandtjen Farm 8 Addition is subject to the requirements listed in the Spirit of Brandtjen Farm Planned Unit Development Plan booklet dated June 20, 2005. The final plat consists of fourteen (14) single- family lots and one (1) outlot on 4.25 acres. The outlot created with the final plat will have the following use: Outlot A: H.Q.A. alley; to be retained by the Developer (0.29 acres) SITE CONDITIONS The Spirit of Brandtjen Farm 8 Addition site consists of vacant, undeveloped land that was previously mass graded with Spirit of Brandtjen Farm improvements. SPIRIT OF BRANDT1EN FARM 8 T " ADDITION SEPTEMBER 16, 2011 PAGE 2 OF 7 EASEMENT VACATION The Spirit of Brandtjen Farm 6th Addition plat identifies an existing public drainage and utility easement previously established within the parent parcel. The easement will be vacated and re- platted following approval of the Spirit of Brandtjen Farm 8th Addition final plat. STREET AND SITE LAYOUT Eagleview Drive Spirit of Brandtjen Farm 8 Addition is east of and adjacent to Eagleview Drive, a minor collector roadway as identified in the City's Transportation Plan. The Developer previously dedicated 100 feet of right -of -way, as shown on the Spirit of Brandtjen Farm plat, to satisfy the right -of -way requirement. Development of Spirit of Brandtjen Farm 8 Addition includes the construction of Eagleview Drive. Eagleview Drive will be extended north from the existing terminus. Eagleview Drive is designed as a two -lane divided urban parkway with on- street parking and 5 -foot wide concrete sidewalks along both sides. The streetscape design is consistent with the Spirit of Brandtjen Farm Planned Unit Development Plan booklet dated June 20, 2005. Dynamic Drive Development of Spirit of Brandtjen Farm 8 Addition includes the construction of Dynamic Drive, a local street. Dynamic Drive will be extended north from the existing terminus. Dynamic Drive is designed as a two -lane undivided urban street with on- street parking along one side and 5 -foot wide concrete sidewalks along both sides. The Developer is dedicating 52 feet of right -of -way, as shown on the final plat, to satisfy the right -of -way requirement. The streetscape design is consistent with the Spirit of Brandtjen Farm Planned Unit Development Plan booklet dated June 20, 2005. The existing temporary cul -de -sac at the terminus of Dynamic Drive will be removed. The existing temporary public roadway, drainage and utility easement will expire with the recording of the Spirit of Brandtjen Farm 8 Addition plat and the extension of Dynamic Drive. Alley Development of Spirit of Brandtjen Farm 8 Addition includes the construction of a private alley. The alley is designed to provide owner driveway access to lots with frontage along Eagleview Drive and will provide a connection between Eagleview Drive and Dynamic Drive. The 14 -foot wide alley will be located within Outlot A and be privately owned and maintained by a management association. The streetscape design is consistent with the Spirit of Brandtjen Farm Planned Unit Development Plan booklet dated June 20, 2005. SPIRIT OF BRANDTJEN FARM 8 T " ADDITION SEPTEMBER 16, 2011 PAGE 3 OF 7 The City reserves the right to increase the street sections at the time of construction based upon site conditions. Barricades and future street connection signs are required at the end of all street termini. Building permits, except one model home permit, will not be issued until the concrete curb and gutter and bituminous base pavement have been installed. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction is restricted to Eagleview Drive via 170 Street. PARKS AND TRAILS Development of Spirit of Brandtjen Farm 8 Addition will not require public trail construction. The City's Parks, Trails and Open Space Plan does not designate any area within the proposed plat as future park land. Development of Spirit of Brandtjen Farm 8 11h Addition includes the construction of public concrete sidewalks. 5 -foot wide concrete sidewalks will be constructed along both sides of all local streets, consistent with the Spirit of Brandtjen Farm Planned Unit Development Plan booklet dated June 20, 2005. The Park Dedication requirement for Spirit of Brandtjen Farm 8 Addition was satisfied through land dedication and a cash contribution paid with the Spirit of Brandtjen Farm plat in 2005. The Developer has a Park Dedication credit of $255,357.22 that will be applied to future phases of the Spirit of Brandtjen Farm development. UTILITIES SANITARY SEWER Spirit of Brandtjen Farm 8 Addition is located within subdistrict NC -20050 of the North Creek sanitary sewer district as identified in the City's Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing public sanitary sewer to the MCES Lakeville Interceptor and continue to the Empire Wastewater Treatment Facility. The existing City -owned downstream facilities have sufficient capacity to serve the residential development. Development of Spirit of Brandtjen Farm 8 Addition includes public sanitary sewer construction. 8 -inch and 12 -inch sanitary sewer will be extended within the subdivision via a connection to the MCES Lakeville Interceptor (located near the southwest corner of Outlot GG, Spirit of Brandtjen Farm) to provide service to a majority of the lots. Two of the lots will utilize existing sanitary sewer services previously installed with Spirit of Brandtjen Farm 6 Addition improvements. One lot will require a new sanitary sewer service connection to existing sanitary sewer. SPIRIT OF BRANDT3EN FARM 8" ADDITION SEPTEMBER 16, 2011 PAGE 4 OF 7 There are no trunk sanitary sewer credits with this plat as specified in the Spirit of Brandtjen Farm Development Contract and Planned Unit Development Final Plan. The Sanitary Sewer Trunk Area Charge for Spirit of Brandtjen Farm 8 Addition was paid with the Spirit of Brandtjen Farm plat in 2005. WATERMAIN Development of Spirit of Brandtjen Farm 8 Addition includes public watermain construction. 8 -inch and 12 -inch watermain will be extended within the subdivision from an existing watermain stub to provide service to the lots. Two of the lots will utilize existing water services previously installed with Spirit of Brandtjen Farm 6th Addition improvements. One lot will require a new water service connection to existing watermain. The Developer previously received a credit for the trunk watermain improvements within Eagleview Drive in the form of a credit to the Spirit of Brandtjen Farm cash fees; therefore no additional credit will be applied to Spirit of Brandtjen Farm 8 Addition. Final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Spirit of Brandtjen Farm 8th Addition will not be permitted until the as -built electronic files have been submitted and approved by City staff. DRAINAGE AND GRADING Spirit of Brandtjen Farm 8 Addition is located within subdistrict NC -10 of the North Creek drainage district as identified in the City's Water Resources Management Plan. Development of Spirit of Brandtjen Farm 8 Addition will not require public stormwater or infiltration basin construction as the contributing drainage area generated within the site was incorporated into the design of the Spirit of Brandtjen Farm stormwater management system. Stormwater runoff generated within the site will be conveyed via public storm sewer to the existing public stormwater basin located east of and adjacent to the site before eventually discharging into the existing adjacent regional public infiltration basin. The existing public stormwater basin and infiltration basin are within Outlot C, Spirit of Brandtjen Farm 6 Addition. The final grading plan must identify all fill lots in which the building footings will be placed on fill material. The grading specifications must indicate that all embankments meet FHA /HUD 79G specifications. The Developer must certify to the City that all lots with building footings placed on fill material are appropriately constructed. Building permits will not be issued until an as -built certified grading plan has been submitted and approved by City staff. SPIRIT OF BRANDT3EN FARM 8 T " ADDITION SEPTEMBER 16, 2011 PAGE 5 OF 7 A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required by the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. STORM SEWER Development of Spirit of Brandtjen Farm 8 Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right -of -way and lots to the existing public stormwater basin located east of and adjacent to the site (Outlot C, Spirit of Brandtjen Farm 6 Addition). Draintile construction is required in areas of non - granular soils within Spirit of Brandtjen Farm 8 Addition for the street sub -cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction, shall be the Developer's responsibility to install and finance. The Trunk Storm Sewer Area Charge for Spirit of Brandtjen Farm 8 Addition was paid with the Spirit of Brandtjen Farm plat in 2005. The Developer has a Trunk Storm Sewer credit of $158,967.64 that will be applied to future phases of the Spirit of Brandtjen Farm development. WETLANDS There are no existing wetlands within the Sprit of Brandtjen Farm 8 Addition site. TREE PRESERVATION There are no significant trees within the Sprit of Brandtjen Farm 8th Addition site. EROSION CONTROL The Developer is responsible for installing erosion control measures and meeting the requirements of the MPCA's NPDES permit. The Developer shall install and maintain any additional erosion control measures deemed necessary during construction by City staff or the Dakota County Soil and Water District. SPIRIT OF BRANDT3EN FARM 8"' ADDITION SEPTEMBER 16, 2011 PAGE 6 OF 7 SECURITIES The Developer will provide an Alternate Disbursement Agreement and a Letter of Credit in the amount of 25% of the Alternate Disbursement Agreement as security for the Developer - installed improvements relating to Sprit of Brandtjen Farm 8th Addition. Construction costs will be based upon estimates submitted by the Developer's engineer. CONSTRUCTION COSTS Sanitary Sewer Watermain Storm Sewer Street Construction Erosion Control, Restoration and Grading Certification SUBTOTAL - CONSTRUCTION COSTS OTHER COSTS Developer's Design (6.0 %) Developer's Construction Survey (2.5 %) City's Legal Expense (0.5 %) City Construction Observation (7.0 %) Developer's Record Drawing (0.5 %) Street Lights Lot Corners /Iron Monuments SUBTOTAL - OTHER COSTS To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined $ 5,700.00 1,500.00 To Be Determined TOTAL PROJECT SECURITY To Be Determined The street light security totals $5,700.00 which consists of three mast -arm street lights at $1,500.00 each and one post -top street light at $1,200.00. The Developer will post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot /outlot for a total of $1,500.00. The City will hold this security until the Developer's and surveyor certifies that all irons have been placed following site grading, utility and street construction. CASH FEES A cash fee for the preparation of record construction drawings and for upgrading the City base map will be paid with the final plat and is calculated as follows: 15 lots and outlots Lots and Outlots x $75.00 /unit = $1,125.00 City Base Map Updating Fee Total SPIRIT OF BRANDTJEN FARM 8"' ADDITION SEPTEMBER 16, 2011 PAGE 7 OF 7 The cash fees for Park Dedication, Sanitary Sewer Trunk Area Charge, Trunk Storm Sewer Area Charge, traffic control signs, one -year of street Tight operating and surface water management expenses and City Engineering Administration (based on three percent (3.00 %) of the estimated construction cost for Letters of Credit) were paid with the Spirit of Brandtjen Farm plat in 2005. The fee for City Engineering Administration is based on three and one quarter percent (3.25 %) of the estimated construction cost for Alternate Disbursement Agreements. The City Engineering Administration fee for Sprit of Brandtjen Farm 8 Addition will be based on one quarter percent (3.25% - 3.00 %). The Developer must submit the final plat and construction drawings in an electronic format. The electronic format must be either a .dwg file (AutoCAD) or a .dxf file. The Developer shall also pay a cash fee for City Engineering Administration. CASH REQUIREMENTS City Base Map Updating Fee City Engineering Administration (0.25 %) TOTAL - CASH REQUIREMENTS DEVELOPER CREDITS Park Dedication Credit Trunk Storm Sewer Credit TOTAL DEVELOPER CREDITS * *TO BE APPLIED TO FUTURE PHASES OF THE SPIRIT OF BRANDT)EN FARM DEVELOPMENT ** RECOMMENDATION $ 1,125.00 To Be Determined To Be Determined $ 255,357.22 158,967.64 $ 414,324.86 Engineering recommends approval of the final plat, grading plan and utility plan for Sprit of Brandtjen Farm 8 Addition, subject to the comments within this report and the following: Prior to City Council consideration: • The Developer must submit an engineer's estimate for the construction cost of the public improvements. • The Developer must submit an Alternate Disbursement Agreement and a Letter of Credit in the amount of 25% of the Alternate Disbursement Agreement as security for the Developer - installed improvements relating to Sprit of Brandtjen Farm 8 Addition.