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HomeMy WebLinkAboutItem 06.iMay 18, 2012 Item No. MAY 21, 2012 CITY COUNCIL MEETING BELLANTE FOURTH ADDITION FINAL PLAT Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the final plat of Bellante Fourth Addition. Adoption of this motion will allow the replat of a portion of Bellante Second Addition. The Bellante Fourth Addition consists of 16 townhome lots. Overview Feldman Enterprises have submitted an application for the final plat of Bellante Fourth Addition. The proposed Bellante Fourth Addition re -plat will reduce the overall number of townhouse lots /units by three from 19 to 16. The developer has determined that market conditions no longer support three unit townhouse buildings in the Bellante neighborhood due to the difficulty of selling the middle unit. As a result, the developer is proposing to re -plat five, three unit building lots and two twinhome lots into seven twinhome lots and two detached townhome lots. Planning and Engineering Department staff recommend approval of the Bellante Fourth Addition final plat. Primary Issue to Consider Is the final plat consistent with the approved preliminary plat? Bellante Fourth Addition is consistent with the approved Bellante Second Addition preliminary plat (re plat) and meets the RM -1 District (base zoning) performance standards, as allowed by the approved PUD. Supporting Information • Resolution approving the Bellante Fourth Addition final plat. • Signed development contract. • Planning and engineering reports dated May 11, 2012. Frank Dempsey, A Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Subdivision and Zoning Ordinances Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF BELLANTE FOURTH ADDITION WHEREAS, the owner of the property described as BELLANTE FOURTH ADDITION has requested final plat approval; 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 BELLANTE FOURTH ADDITION is hereby approved subject to the developer's execution of the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of the resolution with the Dakota County Recorder. DATED this 21 day of May 2012. ATTEST: Charlene Friedges, City Clerk STATE OF MINNESOTA ) CITY OF LAKEVILLE ) CITY OF LAKEVILLE 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 21 day of May 2012 as shown by the minutes of said meeting in my possession. Charlene Friedges City Clerk (SEAL) (reserved for recording information) DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) BELLANTE FOURTH ADDITION CONTRACT dated , 2012, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and WESTSTAR PROPERTIES, INC., 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 Bellante Fourth Addition (referred to in this Contract as the "plat "). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: 164276v02 Lots 1 through 8, Block 3; Lots 11 through 13, Block 3; and Lots 3 through 10, Block 4; BELLANTE SECOND ADDITION, according to the recorded plat thereof. 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. LKVL:BELLANTE FOURTH ADDITION 1 SRN:r08/11/2012 (Weststar Properties, Inc.) 3. 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 has been received by the City, and 3) the necessary insurance for the Developer and its construction contractors has been received by the City. In addition, the City will not issue a permit for more than one structure until the plat is filed with the office of the Dakota County Recorder or Registrar of Titles. 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 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 Tots 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 Tots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. 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 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 any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 164276v02 LKVL:BELLANTE FOURTH ADDITION 2 SRN:r08/11/2012 (Weststar Properties, Inc.) 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, after entering the Contract, but 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 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control D. Underground Utilities E. Setting of Iron Monuments F. Surveying and Staking 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 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 164276v02 3 LKVL:BELLANTE FOURTH ADDITION SRN:r08/11/2012 (Weststar Properties, Inc.) 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 its 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 following site grading, utility and street construction. 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, which may include: A. Dakota County for County Road Access and Work in County Rights -of -Way B. MnDot for State Highway Access C. MnDot for Work in Right -of -Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits 164276v02 LKVL:BELLANTE FOURTH ADDITION 4 SRN:r08/11/2012 (Weststar Properties, Inc.) 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. 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 grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City's current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or 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 164276v02 I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls LKVL:BELLANTE FOURTH ADDITION 5 SRN:r08/11/2012 (Weststar Properties, Inc.) 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 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. 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/infiltration basins and swales, 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/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, 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. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as -built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as -built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, 164276v02 LKVL:BELLANTE FOURTH ADDITION 6 SRN:r08/11/2012 (Weststar Properties, Inc.) erosion control and as -built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. A certified as -built building pad survey must be submitted and approved for commercial, industrial or institutional developments prior to issuance of a building permit. 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 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 its 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, 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 Bellante Fourth Addition does not require new public storm sewer construction. Existing public storm sewer, previously installed with Bellante Second Addition 1 6 4 2 7 6v02 LKVL:BELLANTE FOURTH ADDITION SRN:r08/11/2012 7 (Weststar Properties, Inc.) improvements, will collect and convey stormwater runoff generated from within the Bellante Fourth Addition site. Any draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction is the Developer's responsibility to install and finance. The trunk storm sewer area charge for Bellante Fourth Addition was satisfied through payment with he Bellante Second Addition plat. 20. SANITARY SEWER AND WATERMAIN. Development of Bellante Fourth Addition will not require new public sanitary sewer or watermain construction or extension. The sixteen lots within the development will use existing sanitary sewer and water services previously installed with Bellante Second Addition improvements. Three existing sanitary sewer and water services will be permanently abandoned in place. The abandoned sanitary sewer services must be televised for evidence of inflow and infiltration, and grouted at the main. The abandoned water services must be shut -off and plugged at the curb box valve, and the curb box and stop, and stationary rod must be removed along with the tail piece. Before the City signs the final plat, the Developer must post a fee of $1,000.00 per abandoned service for future maintenance and repairs relating to abandoned water services. All water service abandonment work must be inspected by the City's Utility Department and completed prior to issuance of a certificate of occupancy. The location of all abandoned sanitary sewer and water services must be shown on the certificates of survey submitted during the building permit process. Final locations and sizes of all sanitary sewer and watermain facilities must be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings shall not be permitted until the as -built electronic files have been submitted and approved by City staff. The sanitary sewer availability charge for Bellante Fourth Addition was satisfied through payment with the Bellante Second Addition plat. 21. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to Justice Way (southern terminus) via the 185 Street and Judicial Road intersection. 164276v02 LKVL:BELLANTE FOURTH ADDITION $ SRN:r08/11/2012 (Weststar Properties, Inc.) 22. PARK DEDICATION. The park dedication requirement for Bellante Fourth Addition was satisfied through a cash contribution paid with the Bellante Second Addition final plat. 23. LANDSCAPING. The Bellante Fourth Addition development landscaping has been installed with previous phases of Bellante. Each individual unit is subject to the landscape requirements consistent with the landscape plans approved with previous Bellante preliminary and final plats. No additional landscape escrows are required to be submitted aside from the individual unit landscape escrows that are due at the time of a building permit. The individual unit landscaping must be consistent with the unit landscaping approved with Bellante Second Addition. No buffer yard berms or landscape screens are required with Bellante Fourth Addition. 24. TREE PRESERVATION. There are no "save" significant trees within the Bellante Fourth Addition development. 25. WETLAND MITIGATION. There are no existing wetlands within the Bellante Fourth Addition development. No wetland impacts are proposed to the adjacent existing wetlands. 26. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the May 11, 2012, engineering report. B. Each unit building must meet the design and construction standards of Section 11 -57 -19 of the Lakeville zoning ordinance. C. The following minimum building setbacks must be maintained for the detached townhome buildings: 164276v02 Between Buildings Public Right -of -Way Guest Parking Areas Wetland Buffer 185 Street (CSAH 60) Right -of -Way Private Drives 20 feet 30 feet = 15 feet = 20 feet 50 feet 30 feet D. The homeowners association shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing, and regular maintenance of private drives and common areas. LKVL:BELLANTE FOURTH ADDITION 9 SRN:r08/11/2012 (Weststar Properties, Inc.) E. Before the City signs the final plat, the Developer must submit written authorization in the form of a temporary easement from the existing management association for the grading and utility work proposed within private property, as shown on the utility and grading plan. F. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs for the Bellante Fourth Addition development. G. 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 $1,600.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 16 lots at $100.00 per lot. The security will be held by the City until the Developer's land surveyor certifies that all 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. H. 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 multiplied by 16 Tots for a total charge of $1,200.00. I. 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. 27. 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 shall furnish the City with a cash escrow, letter of credit or alternate security, 164276v02 10 LKVL:BELLANTE FOURTH ADDITION SRN:r08/11/2012 (Weststar Properties, Inc.) in the form attached hereto, from a bank ( "security ") for $15,783.89, plus a cash fee of $365.25 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $ 500.00 B. Watermain 1,000.00 C. Erosion Control /Stormwater Basins, Restoration, Grading Certification 10,675.00 CONSTRUCTION SUB -TOTAL $ 12,175.00 OTHER COSTS: A. Developer's Design (6.0 %) $ 730.50 B. Developer's Construction Survey (2.5 %) 304.38 C. City Legal Expenses (Est. 0.5 %) 60.88 D. City Construction Observation (Est. 7.0 %) 852.25 E. Developer's Record Drawings (0.5 %) 60.88 F. Lot Corners /Iron Monuments 1,600.00 OTHER COSTS SUB -TOTAL $ 3,608.89 TOTAL SECURITIES: $ 15,783.89 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, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice 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 without notice. 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 improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a 164276v02 11 LKVL:BELLANTE FOURTH ADDITION SRN:r08/11/2012 (Weststar Properties, Inc.) 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. 28. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Abandoned Water Services B. City Base Map Updating C. City Engineering Administration (3% for letters of credit or 3.25% for alternate disbursement) TOTAL CASH REQUIREMENTS $ 3,000.00 1,200.00 365.25 $ 4,565.25 29. 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 the maintenance bonds are furnished to 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. 30. 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 construction observation 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. 164276v02 LKVL:BELLANTE FOURTH ADDITION 12 SRN:r08/11/2012 (Weststar Properties, Inc.) 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. 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. 31. 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 less 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. 164276v02 13 LKVL:BELLANTE FOURTH ADDITION SRN:r08/11/2012 (Weststar Properties, Inc.) 32. 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 Tots 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. 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 164276v02 14 LKVL:BELLANTE FOURTH ADDITION SRN:r08/11/2012 (Weststar Properties, Inc.) 164276v02 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. The Developer and contractor shall acquire public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. The insurance must be maintained until six (6) months after the City has accepted the public improvements. 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 and contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. 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. LKVL:BELLANTE FOURTH ADDITION 15 SRN:r08/11/2012 (Weststar Properties, Inc.) 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 Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and 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. 33. 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: 19950 Vernon Avenue, Prior Lake, Minnesota 55372. 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.] 164276v02 16 LKVL:BELLANTE FOURTH ADDITION SRN:r08/11/2012 (Weststar Properties, Inc.) (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 2012, 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 164276v02 17 LKVL:BELLANTE FOURTH ADDITION SRN:r08/11/2012 (Weststar Properties, Inc.) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:srn 164276v02 SRN:r08/11/2012 DEVELOPER: WESTSTAR PROPERTIES, INC. BY: G�.e h 6 I /'`'64 -r` Its /)� GARY E HARTMANN NOTARY PUBLIC MINNESOTA My Commission Ezpirss Jan. 31, 2016 The foregoing instrument was acknowledged before me this `) � day of mAY 2012, by &,c.4 44 F -' nwAcV the PeES, Weststar Properties, Inc., a Minnesota corporation, on behalf of the corporation. 18 NOTAR PUBLIC of LKVL:BELLANTE FOURTH ADDITION (Weststar Properties, Inc.) STATE OF MINNESOTA ) ( ss. COUNTY OF ) behalf of the bank. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452 -5000 RNK:srn MORTGAGE CONSENT TO DEVELOPMENT CONTRACT NEW MARKET BANK, which holds a mortgage on the all or part of the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2012. NEW MARKET BANK BY: Its AND Its The foregoing instrument was acknowledged before me this day of 2012, by and by the and of New Market Bank, on NOTARY PUBLIC 164276v02 19 LKVL:BELLANTE FOURTH ADDITION SRN:r08/11/2012 (Weststar Properties, Inc.) MORTGAGE CONSENT TO DEVELOPMENT CONTRACT AMERICANA COMMUNITY BANK, which holds a mortgage on the all or part of the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. 164276v02 Dated this day of , 2012. AMERICANA COMMUNITY BANK BY: Its AND STATE OF MINNESOTA ) ( ss. COUNTY OF ) DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452-5000 RNK:srn Bank, on behalf of the bank. Its The foregoing instrument was acknowledged before me this day of 2012, by and by the and of Americana Community NOTARY PUBLIC LKVL:BELLANTE FOURTH ADDITION 20 SRN:r08/11/2012 (Weststar Properties, Inc.) TO: City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 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. 2 The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated , 2 of (Name of Bank) ' b) Be signed by the City Administrator or Finance Director of the City of Lakeville. c) Be presented for payment at IRREVOCABLE LETTER OF CREDIT No. Date: (Address of Bank) , on or before 4:00 p.m. on November 30, 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 Lakeville Finance Director 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: Lakeville Finance Director, Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, MN 55044, and is actually received by the Finance Director 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 govemed 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 164276v02 21 LKVL:BELLANTE FOURTH ADDITION SRN:r08/11/2012 (Weststar Properties, Inc.) Memorandum City of Lakeville Planning Department To: Mayor and City Council From: Frank Dempsey, AICP, Associate Planner Date: May 11, 2012 Subject: Packet Material for the May 21, 2012 City Council Meeting Agenda Item: Bellante Fourth Addition Final Plat INTRODUCTION Representatives of Feldman Enterprises have submitted an application for the final plat of Bellante Fourth Addition. The proposed Bellante Fourth Addition re -plat will reduce the overall number of townhouse lots /units by three from 19 to 16. The developer has determined that market conditions no longer support three unit townhouse buildings in the Bellante neighborhood due to the difficulty of selling the middle unit. As a result, the developer is proposing to re -plat five, three unit building lots and two twinhome lots into seven twinhome lots and two detached townhome lots. The Bellante Fourth Addition final plat plans have been reviewed by the Engineering Department. Zach Johnson, Interim City Engineer has prepared a plan review memorandum dated May 11, 2012 which is attached to this planning report. EXHIBITS The following exhibits are attached for your review: Exhibit A — Location and Zoning Map Exhibit B — Aerial Photo Map Exhibit C — Bellante Second Addition Approved Preliminary Plat Exhibit D — Bellante Fourth Addition Final Plat Exhibit E — Grading and Drainage Plan Exhibit F — Utility Plan Exhibit G — Twin Home Building Elevation and Floor Plans (4 Pages) 1 BACKGROUND On May 16, 2005, the City Council approved the preliminary plat of Bellante for 94 townhome units, six common area Tots and seven outlots on 53.5 acres of land located north of 185 Street (CSAH 60) and east of Judicial Road. The City Council also approved a rezoning of the property from RM -1, Medium Density Residential District to PUD, Planned Unit Development District to accommodate the five private loop drives off of the public street. All five private drives exceeded the maximum number of units allowed off of a private drive. The City Council approved the Bellante Second Addition preliminary and final plat on May 15, 2006 which reduced the number of townhouse units /lots in the second phase of the Bellante development from 56 to 53, consisting of 38 twinhome units and five, three unit townhome buildings. The principal change between the Bellante and Bellante Second Addition preliminary plats was the change of the proposed 4 unit buildings to twins and 3 -unit row -style townhome buildings. The City Council approved Bellante Third Addition on August 6, 2007 which was a re -plat of part of Bellante Second Addition for the construction of 24 detached townhomes in place of 26 of the twinhome units approved with the Bellante Second Addition final plat. This resulted in a reduction of an additional two townhouse units. PLANNING ANALYSIS Zoning. The property was rezoned from RM -1, Medium Density Residential District to PUD, Planned Unit Development with the City Council approval of the Bellante preliminary plat on May 16, 2005. Except for the number of units off of a private drive, the RM -1 District requirements apply to the Bellante development. Adjacent Land Uses. The adjacent land uses and zoning are as follows. North — Outlot A, Bellante Second Addition, City Owned (PUD) South — 185 Street (CSAH 60) East — Outlot A, Bellante Second Addition, City Owned (PUD) West — Judicial Road Outlots. Bellante Fourth Addition does not include any outlots. Streets. All required street right -of -way was dedicated and street construction completed with the Bellante and Bellante Second Addition final plats. 2 Grading, Drainage, Erosion Control, and Utilities. The Bellante Fourth Addition final plat plans have been reviewed by Engineering Department staff. The May 11, 2012 engineering report prepared by Interim City Engineer Zachary Johnson and Mac Cafferty, Environmental Resources Manager is attached for your review. The Engineering Department recommends approval of the Bellante Fourth Addition final plat plans subject to the comments contained within the engineering report. RM -1 DISTRICT STANDARDS The following is an analysis of the proposed detached and two unit townhome buildings within the Bellante Fourth Addition final plat. Permitted Uses. Twin home units and detached townhome units are permitted uses within the RM -1 District and the Bellante Planned Unit Development. The existing platted lots within the area of the proposed Bellante Fourth Addition final plat consist of five, three unit townhome buildings and two twinhome buildings. The Bellante Fourth Addition final plat consists of seven twin home lots and two detached townhome lots. The common area lot created with Bellante Second Addition will remain intact as part of the proposed Bellante Fourth Addition final plat. Lot Requirements. All detached townhome units, including decks, are located entirely within their unit lots as required by the Zoning Ordinance. The homeowners association must be responsible for the maintenance of the common area within the unit lots around the townhome buildings proposed in Bellante Fourth Addition. Setbacks. All townhome buildings must be set back in compliance with the following Zoning Ordinance requirements. Between Buildings = 20 feet Public Right -of -Way = 30 feet Guest Parking Areas = 15 feet 185 Street (CSAH 60) ROW = 50 feet Private Drives = 30 feet The building setbacks identified on the Bellante Fourth Addition final plat plans meet the above requirements. Common Areas. Section 11 -58 -19 of the Zoning Ordinance requires that all common areas either be in condominium ownership or contained within a homeowners association with each individual unit owner having an equal and 3 undivided interest in the common area. The homeowners association shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing, and regular maintenance of private drives and common areas. Unit Size /Width. The proposed townhome units meet Zoning Ordinance requirements of 1,040 square feet above grade for a three bedroom unit and 25 feet in width. Each unit will have an above grading finished floor area of 1,615 square feet and a lower level finished area of 1,170 square feet. Each unit will be 33 feet, 11 inches in width. Unit Construction. The proposed townhomes are Zook -out and walk -out units. Exterior Building Finish. Subsection 11 -58 -21 of the Zoning Ordinance requires the following related to exterior building materials: • A minimum of 25% of the combined area of all building facades of a structure shall have an exterior finish of brick, stucco, and /or natural or artificial stone. • Except for brick, stucco and /or natural or artificial stone, no single building facade shall have more that 75% of one type of exterior finish. • Except for brick, stucco, and /or natural or artificial stone, no townhouse dwelling structure shall have more than 60% of all building facades of one type of exterior finish. Building elevations and floor plans for the proposed detached and twin home buildings have been submitted (Exhibit G). Exterior building material calculations have been verified and are in compliance with Zoning Ordinance requirements. The building designs are consistent with the townhomes constructed in the first three phases of the Bellante development. Garages. The Zoning Ordinance requires that all townhome units have an attached garage at least 440 square feet in area and 20 feet in width for units with basements. The proposed garages are 534 square feet in area and 20 feet, 11 inches in width. All buildings meet the garage area and width requirements. Storm Shelters. All units have basements and therefore are exempt from the storm shelter requirement. Utilities. Utility services in Bellante Fourth Addition will separately serve the individual townhome units as required by City Code. All utilities must be installed underground and the individual unit water shut -off valves for each unit must be provided. 4 Guest Parking. The preliminary plat of Bellante was approved with 51 guest parking spaces dispersed throughout the site in compliance with Zoning Ordinance requirements. No reduction or additional guest parking is required or proposed with the Bellante Fourth Addition final plat. Landscaping. The development landscaping has been installed with previous phases of Bellante. Each individual unit is subject to the landscape requirements consistent with the landscape plans approved with previous Bellante preliminary and final plats. No additional landscape escrows are required to be submitted aside from the individual unit landscape escrows that are due at the time of a building permit. The individual unit landscaping must be consistent with the unit landscaping approved with Bellante Second Addition. RECOMMENDATION Planning Department staff recommends approval of the Bellante Fourth Addition final plat subject to the following stipulations. 1. Implementation of the recommendations listed in the May 11, 2012 engineering report. - 2. The following minimum building setbacks shall be maintained for the townhome buildings: • Between Buildings = 20 feet • Public Right -of -Way = 30 feet • Guest Parking Areas = 15 feet • Wetland Buffer = 20 feet • 185 Street (CSAH 60) Right -of -Way = 50 feet • Private Drives = 30 feet 3. The homeowners association shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing, and regular maintenance of private drives and common areas. The homeowners association must be responsible for the maintenance of the common area within the unit lots around the townhome buildings proposed in Bellante Fourth Addition. 4. Individual unit landscaping must be installed consistent with the Bellante preliminary plat. 5. Each unit building must meet the design and construction standards of Section 11 -57 -19 of the Zoning Ordinance. 5 Bellante Fourth Addition RS -1 Brackett's Crossing Golf Club 185th Street (CSAH 60) 185TH ST W RA Print Preview Dakota County, MN 185th Street (CSAF -I EC) Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Page 1 of 1 Map Scale 1 inch = 628 feet EXHIBIT B http: / /gisx.co. dakota. mn. us / website / dakotanetgis/ printPreview.aspx ?PrintOptData= Dakota ... 5/3/2012 — - 4e ' '4 4 - ,- i y,e l l : • {r 4s. - :, ' - ";'56' 1 Rt '„ - , ■ ' • 4 4.„ 1 '' ..-_=_• , 1 II S . 4 ' : ■ ', -. - ' - 4, '- •P:,s- A4.47.30iocoroa-•4,:t,,, - - , - • j = , f\d--.1 gt,rzt. F,138 97 - 417 74 —?-00 - • . • . . L " • .. ..... tz.wrr • — r- em vh 04 8ELLYITE EXHukT I ..,0,.00 - 3 3872,77. ,01,7 703.07 ` 2 F I —z—�- 3 O W a �t. fT1 1� rr� I. , / - ..,- y • 1 ' 1 Xe 1� 1 / ! ONs J � � J � yL l � °Q ' 'c�.4g A li ` ?� y IT; „; tt 4 / / / 'v2 4 y,g. cv °\ / � o �q < i 1 � 1 / \\ '' N0'10'18 115.01 a a re 14 n 14 -West line Lots 1 through 8, Block 3, BELLANTE SECOND ADDITION 0 3 3 8 3 Dr 0 O l • 1 11 1 1 1 1 ` 1 / 1 1 N0°10' 18"W „ N0 - ---West Tine of the Northwest Quarter of Section 14, Township 114, Range 21 0 m m 9 o 24 g 3 355.00 8 355.00 0 8 8 z R � 8 r 1, 1 1 11 1 1 3 0 0 0 z 11.NV1138 KNOW ALL PERSONS BY THESE PRESENTS. That Weststar Properties, Inc., a Minnesota corporation, fee owner of the following descnbed property: ota Statutes, Section 505 021, Subd. 11, this plat has been reviewed and approved this day of Has caused the same to be surveyed and platted as BELLANTE FOURTH ADDMON. , 2012, by Wiliam A. Feldman, President of Weststar Properties, Inc., a Minnesota COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA LAKEVILLE, MINNESOTA PLANNING COMMISSION DEPARTMENT OF PROPERTY TA/CATION AND RECORDS 600 0i 00 00 G I I I 11 I I I I I i m° gts°4°gSm2m L e o. 3 = $a w=.1.5.-x p°Tv 2.32.0 S a 2 E_ C o G o n n q {��j O 2 2o g= aaoa S'^` ` O E O 0 0 ° __ a 9 m o a 3 g o a 53 1 ' N p. c r a ° a �� no13o;oZ a 0 = 8 4;;,;23'O gi n°31 g'' °_� g o e 21 3 = ° o (/ = 8 " S? n o 3 a ' o n _� a o o v °v 5 g 9 m o °. 5- a o °_ F$ S g 4 °- E 1-"°."1"2 o g $ m; z - 2 2" v 2 liter $: 'n E o v ��° A g39. a s 4 a ° a ^ !!!R 3 p 8 3 o n ° ; o a . 3 am a r,a m o S a 3 Cr F � q s , • e �� !di c 9¢ 4 o - 3 c 0 7 P ° >y ' a er e c g° $ 3 1.-.! g5,- • P C a a 'n S N 1 � Ill F i ° u m A Z A M o k —z�.•— 0.M 11J GRADING & DRAINAGE PLAN 4TH ADD'N PHASE 2 REPLAT CREDIT RIVER TOWNSHIP n Issued BREUMIN.Rf/FOOL PUT SUBMITTAL O y 0 00 Q0 t 0 ° z 1 hereby certify that this plan was prepared by s e-t2 me or under my direct supervision and I am a du licensed Prof 1 n nder the laws of the Stat pRELT Name Benton G. Ford §o aq ° x C / =F Rehder & Associates, Inc. Ord Englneei s, Planner and Land Surveyor .,• 9440 Federal Dro e, Suite 110 • Eagan, Minnesota 551 661452 • Fax 651.4530797 • email mto@rehderiom Date Reg No. 24392 PROJECT NO.: 121 - 1167.028 DRAWING FILE: 1167028.DWG L . – r 1 1 \ \_ '"J ie,! \ \ € /l1! n '� rn ` fir a o \ 1 \ \ / F .,,nom ,,TW . '^W UTILITY PLAN 4TH ADD'N PHASE 2 REPLAT CREDIT RIVER TOWNSHIP Issued PRa.n IL4Rr/fel.L PUT SUBMITTAL 4-4-12 1 hereby certify that this plan was prepared by me or under my direct supervision and -- am a duly licensed Profess' the laws of the State pgEL IN l v` Date Name Benton G. Ford Reg No. 24392 Rehder & Associates, Inc. Civil Engineer c, Planner c and Land Surveyor .+ 3440 Federal Dyne, Suite 10 • Eagan, Minnesota 55122 651 - 652 - 5051 • Fax 651452 - 0797 • mad info @rehder iom PROJECT NO.: 121-1167.028 DRAWING FILE: 1167026.DIYG I 1 SHEET OF J STONE TRIM NARDI -SHAKES 4ARDI -LAP MATERIAL „ . sT: 3312 I 1 ww� 16.12.001 BUYER SO vno.A r. 1612 -Twin Un6I McWilliams & Associates - Bellante Address Legal Florence Standard Plan - Attached Twin COPYRIGHT 0 2010 McWLLLIAMS 6 ASSOC. INC. 11.F OX.SIVE PROPERTY Or Neell1.15 ASHOCIATES MO KW NOT SE CORED WWI= MOW= Mr. PEPIASSION x� ILWAIS Isworms 8 FOR • 11 H r !R..1?” :° t oa II 11 F a. ELEV. 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Cafferty, Environmental Resources Manager Copy: Dennis Feller, Finance Director Gene Abbott, Building Official Date: May 11, 2012 Subject: Bellante Fourth Addition • Final Plat Review • Grading Plan Review • Utility Plan Review BACKGROUND City of Lakeville Engineering Weststar Properties, Inc. has submitted a final plat named Bellante Fourth Addition. The residential subdivision is located north of and adjacent to 185th Street (CSAH- 60) and east of and adjacent to Judicial Road. Bellante Fourth Addition is zoned PUD, Planned Unit Development and is subject to the requirements of the RM -1, Medium Density Residential District. The final plat is a re -plat of multiple Tots created with the Bellante Second Addition plat. The final plat results in three fewer lots; the revised site layout includes single and twinhome Tots in place of the three -unit townhome lots that were previously approved. The individual parcels that comprise the Bellante Fourth Addition final plat are summarized below: • Lots 1- 8,11 -13, Block 3, Bellante Second Addition • Lots 3 -10, Block 4, Bellante Second Addition The final plat consists of sixteen (16) Tots on 2.00 acres. SITE CONDITIONS The Bellante Fourth Addition site consists of vacant, undeveloped lots that were previously mass graded with Bellante Second Addition improvements. BELLANTE FOURTH ADDITION MAY 11,2012 PAGE 2 of 7 STREET AND SITE LAYOUT 185 Street (CSAH -60) Bellante Fourth Addition is north of and adjacent to 185 Street, a minor arterial roadway as identified in the City's Transportation Plan. Dakota County controls the right -of -way requirement and access locations for 185 Street. The Developer dedicated right -of -way consistent with Dakota County Road Right Of Way Map No. 283, as shown on the Bellante plat, to satisfy the right -of -way requirement for 185 Street. 185 Street is constructed as a four -lane divided urban roadway with left and right turn lanes at the intersections and a bituminous trail along the north side, adjacent to the Bellante development. Judicial Road Bellante Fourth Addition is east of and adjacent to Judicial Road, a minor collector roadway as identified in the City's Transportation Plan. The Developer dedicated right -of -way consistent with Dakota County Road Right Of Way Map No. 283, as shown on the Bellante plat, to satisfy the right -of -way requirement for Judicial Road. Judicial Road is constructed as a two -lane undivided roadway. The east half of the road is an urban section with concrete curb and gutter while the west half is a rural section. There is a bituminous trail along the east side. Justice Way Bellante Fourth Addition is north and south of and adjacent to Justice Way, a local roadway as identified in the City's Transportation Plan. The Developer dedicated right -of -way, as shown on the Bellante Second Addition plat, to satisfy the right -of- way requirement for Justice Way. Justice Way is constructed as a two -lane undivided looped urban roadway that provides the only access to Judicial Road for the Bellante development. There is a concrete sidewalk along the south side. Private Driveways Bellante Fourth Addition is west of and south of and adjacent to existing private driveways. The looped private driveway network provides access to Justice Way for Lots 1 -7, Block 2 and Lots 1 -2, Block 3. The private driveways are privately owned and maintained by a management association. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction is restricted to Justice Way (southern terminus) via the 185 Street and Judicial Road intersection. BELLANTE FOURTH ADDITION MAY 11, 2012 PAGE 3 OF 7 PARKS AND TRAILS Development of Bellante Fourth Addition does not require public trail construction. The City's Parks, Trails and Open Space Plan does not designate any area within the plat as future park land. There are existing trailways along the north side of 185 Street and the east side of Judicial Road, and an existing concrete sidewalk along the south side of Justice Way. The Park Dedication requirement for Bellante Fourth Addition was satisfied through a cash contribution paid with the Bellante Second Addition plat. UTILITIES SANITARY SEWER AND WATERMAIN Bellante Fourth Addition is located within subdistrict OL -55210 of the Orchard Lake 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 Farmington 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 Bellante Fourth Addition will not require new public sanitary sewer or watermain construction /extension. The sixteen (16) lots will utilize existing sanitary sewer and water services previously installed with Bellante Second Addition improvements. Three (3) existing sanitary sewer and water services will be permanently abandoned in place. The abandoned sanitary sewer services must be televised for evidence of inflow and infiltration and grouted at the main. The abandoned water services must be shut -off and plugged at the curb box valve, and the curb box & stop and stationary rod must be removed, along with the tail piece. A fee of $1000 /abandoned service is required for future maintenance and repairs relating to abandoned water services. All water service abandonment work must be inspected by the City's Utility Department and completed prior to issuance of a Certificate of Occupancy. GPS coordinates must be provided per Standard Plate LV- ST -12. The location of all abandoned sanitary sewer and water services must be shown on the Certificates ofSurvey submitted during the building permit process. 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 shall not be permitted until the as -built electronic files have been submitted and approved by City staff. BELLANTE FOURTH ADDITION MAY 11, 2012 PAGE 4 OF 7 The Sanitary Sewer Availability Charge for Bellante Fourth Addition was satisfied through payment with the Bellante Second Addition plat. DRAINAGE AND GRADING Bellante Fourth Addition is located within subdistrict OL -4A of the Orchard Lake drainage district as identified in the City's Water Resources Management Plan. The Bellante Fourth Addition site was previously mass graded with Bellante Second Addition improvements. Development of Bellante Fourth Addition will not require public stormwater basin construction as the contributing drainage area generated within the site was incorporated into the design of the Bellante stormwater management system. Stormwater runoff generated from within the site will be conveyed through public storm sewer to the existing public stormwater basin located east of and adjacent to the site (Outlot A, Bellante Second Addition). Prior to City Council consideration, the Developer must submit written authorization in the form of a temporary easement from the existing management association for the grading and utility work proposed within private property, as shown on the utility and grading plan. 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. 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 Bellante Fourth Addition will not require new public storm sewer construction. Existing public storm sewer, previously installed with Bellante Second Addition improvements, will collect and convey stormwater runoff generated from within the site. Any draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction is the Developer's responsibility to install and finance. The Trunk Storm Sewer Area Charge for Bellante Fourth Addition was satisfied through payment with the Bellante Second Addition plat. BELLANTE FOURTH ADDITION MAY 11,2012 PAGE 5 OF 7 WETLANDS There are no existing wetlands within the Bellante Fourth Addition site. No wetland impacts are proposed to the adjacent existing wetlands. TREE PRESERVATION There are no significant trees within the Bellante Fourth Addition site. EROSION CONTROL The Bellante Fourth Addition site was previously mass graded with Bellante Second Addition improvements. The Developer and homebuilders must install and maintain erosion control measures as required with the building permits. SECURITIES The Developer will provide a Letter of Credit as security for the Developer - installed improvements relating to Bellante Fourth Addition. Construction costs will be based upon estimates submitted by the Developer's engineer. CONSTRUCTION COSTS Sanitary Sewer $ 500.00 Watermain 1,000.00 Erosion Control, Restoration and Grading Certification 10,675.00 SUBTOTAL - CONSTRUCTION COSTS $ 12,175.00 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 %) Lot Corners /Iron Monuments SUBTOTAL - OTHER COSTS $ 730.50 304.38 60.88 852.25 60.88 1,600.00 $ 3,608.89 TOTAL PROJECT SECURITY $ 15,783.89 The Developer must 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 and outlot for a total of $1,600.00. The City shall hold this security until the Developer's land surveyor certifies that all irons have been placed following site grading, utility and street construction. BELLANTE FOURTH ADDITION MAY 11,2012 PAGE 6oF7 CASH FEES A cash fee for the preparation of record construction drawings and for upgrading the City base map must be paid with the final plat and is calculated as follows: 16 lots and outlots x $75.00 /unit = $1,200.00 Lots and Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file. The Developer must pay a cash fee for City Engineering Administration. The Developer has elected to provide a Letter of Credit as security for the Developer - installed improvements. The fee for City Engineering Administration will be based on three percent (3.00 %) of the estimated construction cost, or $365.25. CASH REQUIREMENTS Abandoned Water Services City Base Map Updating Fee City Engineering Administration (3.00 %) TOTAL CASH REQUIREMENT RECOMMENDATION $ 3,000.00 1,200.00 365.25 $ 4,565.25 Engineering recommends approval of the final plat, grading plan and utility plan for Bellante Fourth Addition, subject to the comments within this report and the following: • Prior to City Council consideration, the Developer must submit written authorization in the form of a temporary easement from the existing management association for the grading and utility work proposed within private property, as shown on the utility and grading plan.