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HomeMy WebLinkAboutItem 06.kMay 30, 2012 Item No. JUNE 4, 2012 CITY COUNCIL MEETING CRESCENT RIDGE THIRD ADDITION FINAL PLAT Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the final plat of Crescent Ridge Third Addition. Adoption of this motion will allow the development of 58 single family lots within the next phase of the Crescent Ridge development. Overview Shamrock Development has submitted a final plat application for Crescent Ridge Third Addition. The preliminary plat of Crescent Ridge Third Addition was approved by the City Council at their March 5, 2012 meeting and included 111 single family Tots. The final plat of the third addition is proposed to include 58 single family lots and 2 outlots. The remaining 53 preliminary platted lots will be final platted in the future as an additional phase. The third addition final plat is located on 47.6 acres located north of 195 Street, east of Holyoke Avenue and south of 190 Street. The third addition final plat is consistent with the approved preliminary plat. Staff recommends approval of the Crescent Ridge Third Addition final plat as outlined in the attached Planning and Engineering Reports. Primary Issues to Consider • Will a turnaround area be provided at the east end of 195 Street? • What will be the park dedication rate for the Crescent Ridge Third Addition final plat? Supporting Information • Analysis of primary Issues. • Resolution approving the final plat. • Signed development contract. • May 17, 2012 Planning Report. • May 17, 2012 Engineering Report. IlynG. Kuennen, AICP Associate Planner Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances Notes: Financial Impact: $ Analysis of Primary Issues What will be the park dedication rate for the Crescent Ridge Third Addition final plat? • Paragraph 27 of the Crescent Ridge Third Addition Development Contract indicates that the park dedication rate is currently $4,747 per single family lot. As a result of a park dedication fee study being completed by the City, the City Council may consider a reduction to the park dedication fee rate for residential developments at its June 4, 2012 meeting. If the rate is reduced, the park dedication fee for the Crescent Ridge Third Addition final plat would be revised to reflect the reduced rate. Will a turnaround area be provided at the east end of 195 Street? • A temporary turn - around will be constructed at the eastern terminus of 195th Street within the current city right -of -way area. The temporary turn around area will be eliminated when 195 Street is extended to the east in the future. 2 City. (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF CRESCENT RIDGE THIRD ADDITION WHEREAS, the owner of the plat described as Crescent Ridge Third Addition has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; and WHEREAS, the final plat is consistent with the preliminary plat and acceptable to the NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The final plat of Crescent Ridge Third 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 directed to sign the development contract and 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 4 day of June 2012. 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 4 day of June, 2012, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) CRESCENT RIDGE THIRD ADDITION CONTRACT dated , 2012, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and SHAMROCK DEVELOPMENT, INC., a Minnesota corporation (the "Developer "). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Crescent Ridge Third 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: Outlots B and C, CRESCENT RIDGE SECOND ADDITION, according to the recorded plat thereof 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 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 164463v03 1 LKVL:CREscENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) 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 lots 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. 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, B, and E 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 164463v03 2 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) 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. Sidewalks and Trails L. Retaining Walls 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 164463v03 3 LKVL:CRESCENT RIDGE THIRD ADDITION SRN•r05/24/2012 (Shamrock Development, Inc.) 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 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 164463v03 4 LKVL:CRESCENT RIDGE THIRD ADDITION SRN • r05 /24/2012 (Shamrock Development, Inc.) F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 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 grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. .Seed shall be in 164463v03 5 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) 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 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 two model home permits on lots acceptable to the Building Official and Planning Director), 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. 164463v03 6 LKVL:CRESCENT RIDGE THIRD ADDITION SRN: r05/24/2012 (Shamrock Development, Inc.) 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, 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 164463v03 7 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) 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 Crescent Ridge Third 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 Tots to the public stormwater basins within Outlot A, Crescent Ridge Third Addition and Outlot A, Crescent Ridge Second Addition. The trunk storm sewer area charge has not been collected on the parent parcels of Crescent Ridge Third Addition and must be paid at the time of final plat approval. The trunk storm sewer area charge is calculated as follows: The Developer will receive a credit to the trunk storm sewer area charge for the conveyance of Outlot A to the City, consistent with City policy. The $16,390.00 credit is based on the size of Outlot A, is calculated at the rate of $5,500.00 per acre, and will be applied to the Crescent Ridge Third Addition final plat cash fees. The resulting balance due the City for trunk storm sewer area charge for Crescent Ridge Third Addition is calculated as follows: Final locations and sizes of all storm sewer facilities must be reviewed by City staff with the final construction plans. Gross Area of Crescent Ridge Third Addition 2,074,511 s.f. Less Area of Outlot A (Public Stormwater Basins) ( -) 129,906 s.f. Less Area of Outlot B (Future Development) ( -) 920,230 s.f. Total = 1,024,375 s.f. 1,024,375 s.f. x $0.167/s.f. _ $171,070.63 Net Area of Crescent Area Charge Ridge Third Addition Trunk Storm Sewer Area Charge $ 171,070.63 Less Credit for Outlot A Conveyance to City ( -) 16,390.00 Balance Due $ 154,680.63 164463v03 8 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) 20. SANITARY SEWER. Development of Crescent Ridge Third Addition includes public sanitary sewer construction. Eight inch sanitary sewer will be extended within the subdivision from an existing sanitary sewer stub to provide services to the proposed Tots. The sanitary sewer trunk area charge was previously assessed ( #118) to 32.80 acres of the parent parcel (including the Crescent Ridge plat) in 1980; that assessment has been paid. The Crescent Ridge and Crescent Ridge Second Addition plats consisted of 3.44 acres and 15.16 acres of developable land, respectively, and were credited for the sanitary sewer trunk area charge. Therefore, the sanitary sewer trunk area charge has been collected on 14.20 acres of the Crescent Ridge Third Addition final plat. The sanitary sewer availability charge will be collected on the remaining balance of the Crescent Ridge Third Addition final plat. The developable area is calculated as follows: Crescent Ridge Third Addition (Total Area) 47.62 acres Less Outlot A (Public Stormwater Basins) ( -) 2.98 acres Less Outlot B (Future Development) ( -) 21.13 acres Balance = 23.51 acres The sanitary sewer availability charge for Crescent Ridge Third Addition is due on 9.31 acres which is 39.6% of the developable area. The resulting sanitary sewer availability charge must be paid in cash at the time of final plat approval and is calculated as follows: 58 lots x 39.6% = 23 Number of Lots in Crescent Percent of Lots Sanitary Sewer Number of Units for Sanitary Ridge Third Addition Availability Charge Applies Sewer Availability Charge 23 units x $307.00 /dwelling unit = $7,061.00 Number of Lots in Crescent Percent of Lots Sanitary Sewer Total Sanitary Ridge Third Addition Availability Charge Applies Sewer Availability Charge The sanitary sewer availability charge for the future lots within Outlot B will be collected on all Tots based on the sanitary sewer availability charge in effect at the time of final plat. 21. LATERAL SANITARY SEWER ACCESS CHARGE. The lateral sanitary sewer access charge for the sanitary sewer within the 195 Street right -of -way has not been collected on the parent parcels of Crescent Ridge Third Addition and must be paid in cash at the time of final plat approval. The lateral sanitary sewer access charge is calculated as follows: 164463v03 9 LKVL:CRESCENT RIDGE THIRD ADDITION SRN • r05 /24/2012 (Shamrock Development, Inc ) 363.43 f.f. x $39.00/f.f. = $14,173.77 Front Footage Along 195 th Street Access Charge Total 22. WATERMAIN. Development of Crescent Ridge Third Addition includes public watermain construction. Eight inch and 16 -inch watermain will be extended within the subdivision from an existing watermain stub to provide service to the proposed Tots. Consistent with the approved Crescent Ridge Second Addition preliminary plat, 8 -inch watermain will be constructed within 195 Street. The watermain will be constructed along the south side of the existing gravel road in an effort to keep the existing road in service as long as possible. The watermain construction, in addition to the water service locations, must be coordinated with the residents along 195 Street. The Developer will receive a $13,593.14 credit for the watermain improvements within 195 Street, consistent with City policy. The credit is 50% of the construct cost of the watermain within 195 Street and 100% of the construction cost of the water services to the existing properties along 195 Street, The credit is based on an estimate provided by the Developer's engineer and includes associated engineering, contract administration and construction staking costs, estimated at 15% of the construction cost. The Developer will also receive a credit for the trunk watermain improvements within 194 Street, consistent with City policy. The $15,802.00 credit is the construction cost difference between 16 -inch watermain and 8 -inch watermain based on an estimate provided by the Developer's engineer. These credits will be applied to the Crescent Ridge Third Addition final plat cash fees. 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 within Crescent Ridge Third Addition will not be permitted until the as -built electronic files have been submitted and approved by City staff. 23. UPGRADE OF 190 STREET. As part of the improvements with Crescent Ridge Third Addition the Developer must upgrade 190 Street to a paved rural section from Highview Avenue to the eastern boundary of the final plat. The Developer will receive a $40,101.25 credit for 100% of the construction costs for the work, consistent with City policy. The credit is based on an estimate provided 164463v03 10 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc ) by the Developer's engineer and includes associated engineering, contract administration and construction staking costs estimated at 15% of the construction cost. The Developer must pay a cash fee for the future upgrade of 190 Street at the time of final plat approval, which is calculated as follows: 191.00 f.f. Front Footage Along 190 Street x $72.00 /f.f. _ $13,752.00 Street Assessment Rate Total A cash fee for the future upgrade of 190 Street will be collected when Outlot B develops into Tots and blocks for the length of the proposed plat adjacent to 190 Street. The fee will be based on the current rate in effect at the time of final platting. 24. UPGRADE OF 195 STREET. The eastern portion of 195 Street must be upgraded to an urban local street within a 60 foot wide right -of -way consistent with the approved Crescent Ridge Second Addition preliminary plat. The cost of the 195 Street road improvements will be funded by the Developer. Existing adjacent property owners will not be assessed for the road improvements and access to the existing adjacent residents must be maintained by the Developer during reconstruction of 195 Street. The Developer must also construct a temporary turnaround at the eastern terminus of 195 Street when 195 Street is reconstructed to the current standard specifications of an urban local street. The temporary turnaround must be paved within one year of construction unless the roadway is extended. Before the City signs the final plat, the Developer shall furnish the City (if needed to construct the temporary turnaround) an appropriately executed public temporary turnaround easement, in recordable form. 25. FUTURE UPGRADE OF HOLYOKE AVENUE. A cash fee for the future upgrade of Holyoke Avenue will be collected when Outlot B develops into Tots and blocks for the length of the proposed plat adjacent to Holyoke Avenue. The fee will be based on the current rate in effect at the time of final platting. 164463v03 11 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) 26. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction must be from Holyoke Avenue at the proposed intersection of either 194 Street or 193 Street. 27. PARK DEDICATION, TRAILS AND SIDEWALKS. The City's Parks, Trails and Open Space Plan does not designate any area within the Crescent Ridge Third Addition final plat as future park land. The park dedication requirements have not been collected on the parent parcel of Crescent Ridge Third Addition and will be satisfied through a cash contribution that must be paid at the time of final plat approval. The park dedication fee is calculated as follows: 58 single family dwelling units x $4,747.00 /unit = $275,326.00 As a result of a park dedication fee study being completed by the City, the City Council may consider a reduction to the park dedication fee rate for residential developments at its June 4, 2012 meeting. If the rate is reduced, the park dedication fee for the Crescent Ridge Third Addition final plat would be revised to reflect the reduced rate. Development of Crescent Ridge Third Addition includes the construction of public bituminous trails and public concrete sidewalks. Five foot wide concrete sidewalks must be constructed along one side of all local streets within the plat, except 195 Court, and 8 -foot wide bituminous trails must be constructed along both sides of 194 Street. The Developer will receive a credit to the park dedication fee for the City's 318 portion of the trail costs (excluding grading and restoration), consistent with the subdivision ordinance and City policy. The 194 Street trail construction credit is calculated as follows: $8,754.48 x 3 /8 = $3,282.93 Total Estimated Cost for Trail City Trail Cost Portion Total Construction Along 194 Street The City's Parks, Trails and Open Space Plan identifies future 10 -foot wide public bituminous trails along the east side of Holyoke Avenue and the south side of 190 Street. The Developer will rough -grade the trail base within the southerly right -of -way of 190 Street and pay its 518 portion of the trail costs (including 100% of grading and restoration) for 190 Street, consistent with the subdivision ordinance and 164463v03 12 LKVL:CRESCENT RIDGE THIRD ADDITION SRN.r05/24/2012 (Shamrock Development, Inc.) City policy. The trails will be constructed when Holyoke Avenue and 190 Street are reconstructed to urban sections. The 190 Street trail construction fee is calculated as follows: $2,408.33 x 5 18 = $1,505.21 Total Estimated Cost for Trail Developer Trail Cost Portion Total Construction Along 190 Street A cash fee for the future trail construction along the remainder of 190 Street and Holyoke Avenue for the portion adjacent to Outlot B will be collected when Outlot B develops into Tots and blocks for the length of the proposed future plat adjacent to these streets. The resulting fee due the City for park dedication is calculated as follows: Park Dedication Fee 190 Street Future Trail Improvements Less Credit for 194 Street Trail Improvements Balance Due the City $ 275,326.00 1,505.21 ( -) 3,282.93 $ 273,548.28 28. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs in the amount of $3,971.60 must be paid at the time of final plat approval, which includes six street and stop signs, and two future street connection signs. If the street posts are installed in frost conditions, the Developer must pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses must also be paid at the time of final plat approval and is calculated as follows: 58 dwelling units x $7.65 /unit/qtr. x 4 qtrs. = $1,774.80 29. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface water management expenses must be paid at the time of final plat approval and is calculated as follows: 58 dwelling units x $7.00 /unit/qtr. x 4 qtrs. = $1,624.00 30. 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, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to bug infestation or weak bark. The minimum deciduous tree size shall be two and one -half (2 inches 164463v03 13 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) caliper, balled and burlapped. Evergreen trees must be at least six feet (6') tall. The trees may not be planted in the right -of -way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow 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. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50 %) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50 %) will be released one year after the landscaping inspection and any warranty work has been completed. 31. BUFFER YARD BERM /LANDSCAPE SCREEN /SODDING. A buffer yard berm and landscaping screen with a combined height of 10 feet (including a minimum earth berm height of 4 feet) must be provided adjacent to 190 Street and 194 Street. A certified as -built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. Before the City signs the final plat, the Developer must post a $13,400.00 security to guarantee the installation of the landscaping within the buffer yards and storm water treatment areas as shown on the approved plans. The side and rear yards of the following Tots adjacent to 190 Street and 194 Street must be sodded to the edge of the adjacent right -of -way or trail: Lot 1, Block 2 Lot 13, Block 4 Lot 6, Block 5 164463v03 14 LKVL:CREscENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) Lots 3, 4 and 5, Block 6 A $1,000.00 cash escrow must be submitted with the building permit applications for these six lots to guarantee installation of the required side and rear yard sodding. This escrow is in addition to the standard landscape /sod escrow required for all lots within the development that is collected with the building permit. 32. TREE PRESERVATION. The Crescent Ridge Third Addition final plat has been previously graded and there are no "save" significant trees within the plat. 33. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the May 17, 2012, engineering report. B. Before the City signs the final plat, the Developer shall convey Outlot A to the City by warranty deed, free and clear of any and all encumbrances. This land will be conveyed to the City at an agreed upon price of $5,500.00 per acre as set forth in Section 19 above. C. The Developer must install barricades at the east end of 193 Street and 194 Street and the west end of Hilldale Avenue until the streets are extended in the future. D. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs for the Crescent Ridge Third Addition development. E. The Crescent Ridge Third Addition development must comply with the following setback requirements: Front 30 feet Side Interior 10 feet Side Corner 20 feet Side (abutting 190 & 194 Streets) 50 feet Rear 30 feet Rear (abutting 190 Street) 60 feet F. 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 $6,000.00 security for the final placement of interior 164463v03 15 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) subdivision iron monuments at property corners. The security was calculated as follows: 60 Tots /outlots at $100.00 per Iot/outlot. 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. G. 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/outlot for a total charge of $4,500.00. H. The Developer shall be responsible for the cost of street light 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 Tight installation consistent with the approved plan. The estimated amount of this security is $10,200.00 and consists of one mast arm street Tight at $1,200.00 and ten (10) post -top street lights at $900.00 each. 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. 34. 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, in the form attached hereto, from a bank ( "security ") for $1,670,629.49, plus a cash fee of $42,258.27 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $ 168,245.00 164463v03 16 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) B. Watermain C. Storm Sewer D. Street Construction E. Erosion Control /Stormwater & Infiltration Basins, Restoration, Grading Certification CONSTRUCTION SUB -TOTAL 249,257.25 232,614.00 515,418.75 243, 074.00 $ 1,408,609.00 OTHER COSTS: A. Developer's Design (6.0 %) $ 84,516.54 B. Developer's Construction Survey (2.5 %) 35,215.23 C. City Legal Expenses (Est. 0.5 %) 7,043.05 D. City Construction Observation (Est. 7.0 %) 98,602.63 E. Developer's Record Drawings (0.5 %) 7,043.05 F. Landscaping 13,400.00 G. Street Lights 10,200.00 H. Lot Corners /Iron Monuments 6,000.00 OTHER COSTS SUB -TOTAL $ 262,020.49 TOTAL SECURITIES: $ 1,670,629.49 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 164463v03 17 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, 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. 35. 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. Future Upgrade of 190 Street B. 190 Street Future Trail Improvements C. Park Dedication D. Traffic Control Signs E. Street Light Operating Fee F. Surface Water Management Utility Fee G. City Base Map Updating H. City Engineering Administration (3% for letters of credit or 3.25% for alternate disbursement) I. Trunk Storm Sewer Area Charge J. Sanitary Sewer Availability Charge K. Lateral Sanitary Sewer Access Charge SUB -TOTAL - CASH REQUIREMENTS CREDITS TO CASH REQUIREMENTS: 194 Street Trail Improvements 195 Street Watermain Improvements Trunk Watermain Improvements 190 Street Improvements Outlot A Being Conveyed to the City SUB -TOTAL — CREDITS TO CASH REQUIREMENTS $ 13,752.00 1,505.21 275,326.00 3,971.60 1,774.80 1,624.00 4,500.00 42,258.27 171, 070.63 7,061.00 14,173.77 $ 537,017.28 $ 3,282.93 13,593.14 15, 802.00 40,101.25 16, 390.00 $ 89,169.32 TOTAL CASH REQUIREMENTS $ 447,847.96 36. 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 164463v03 18 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) 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. 37. 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. 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 Tots, the entire plat, or any part of it. 164463v03 19 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) 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. 38. 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. 39. 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. 164463v03 20 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) 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 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 164463v03 21 LKVL:CREscE■T RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) 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 Tess 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. 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. 164463v03 22 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) 40. 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: 3200 Main Street NW, Suite 300, Coon Rapids, Minnesota 55448. 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.] 164463v03 23 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, 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 164463v03 24 LKVL:CREscENT RIDGE THIRD ADDITION SRN.r05/24/2012 (Shamrock Development, Inc.) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA 44'; ' ANGELA J ZAJAC NOTARY PUBLIC MINNESOTA M Commission Ex'froe Jan. 31, 2015 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:srn DEVELOPER: SHAMROCK DEVELOPMENT, INC. BY: NOTAR The foregoing instrument was acknowledged before me this 30th day of May 2012, by Michael J. Kraling the CFO /Vice President Shamrock Development, Inc., a Minnesota corporation, behalf of the corporation. IC ('L 164463v03 25 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) of PREMIER BANK, a Minnesota corporation, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2012. PREMIANK STATE OF MINNESOTA ) ( ss. COUNTY OF ar Abi ) 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 AND BY: Its J t' La- NOTARY PUBLIC C5 L V 1 t 41- The foregoing instrument was acknowledged before me this 73D day of , 2012, by & v. 1— . w oes and by {,.�1 r •t w � b. W\- the \I i & -Cr'.eS A-4_ v"--k and - X.�e ve \l't_t - 4res.,etr - of Premier Bank, a Minnesota corporation, on behalf of the corporation. 3 Vre S i eLt cn^f DENISE R. KIRCHNER NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES JAN 31. 2015 164463v03 26 LKVL:CRESCENT RIDGE THIRD ADDITION SRN:r05/24/2012 (Shamrock Development, Inc.) Lakeville Memorandum To: Mayor and City Council /C� From: Allyn Kuennen, AICP ,%'6 ' Associate Planner Date: May 17, 2012 Subject: Crescent Ridge Third Addition Final Plat BACKGROUND INFORMATION: Shamrock Development has submitted a final plat application and plans for Crescent Ridge Third Addition. The preliminary plat of Crescent Ridge Third Addition was approved by the City Council at their March 5, 2012 meeting and included 111 single family Tots. The final plat of the third addition is proposed to include 58 single family lots and 2 outlots. The remaining 53 preliminary platted lots will be final platted in the future as an additional phase. The third addition final plat is located on 47.6 acres located north of 195 Street, east of Holyoke Avenue and south of 190 Street. The Crescent Ridge Third Addition final plat plans have also been reviewed by the Engineering Department and their report is attached. The following exhibits are attached: Exhibit A — Location and Zoning Map Exhibit B — Approved Crescent Ridge Third Addition Preliminary Plat Exhibit C — Crescent Ridge Third Addition Final Plat Exhibit D — Cover Sheet/Site Plan Exhibit E — Utility Plans Exhibit F — Grading Plans Exhibit G — Erosion Control Plan Exhibit H — Landscape Plan Exhibit 1— Engineering Report Dated May 17, 2012 Project Analysis: Existing Conditions. The remaining undeveloped area of the Crescent Ridge development has been previously graded with the construction of the second addition. The area of the third addition does not contain any structures or trees. The existing topography of the third addition generally slopes towards the south and east. Comprehensive Plan. The 2008 Comprehensive Land Use Plan was amended in 2011 to guide the entire property as Low Density Residential. The proposed single family residential plat is consistent with the amended comprehensive plan. 1 City of Lakeville Planning Department Direction Land Use Plan Zoning Map Existing Use North Low /Medium Density Residential and Special Plan Area RA, Rural Agricultural and RS -3, Single Family Residential Single Family Homes and Undeveloped South Low Density Residential RS -3, Single Family Residential Single Family Homes East Special Plan Area RA, Rural Agricultural Single Family Homes and Undeveloped West Low /Medium Density Residential RS -3, Single Family Residential Undeveloped Yard Front Side Interior Side Corner Side (abutting 190 Street and 194 Street) Rear Rear (abutting 190 Street) Setback 30' 10' 20' 50' 30' 60' MUSA. The MUSA boundary was amended in 2011 in conjunction with the comprehensive plan amendment to bring the entire Crescent Ridge development into the current MUSA. Zoning. The entire site is zoned RS -3, Single Family Residential District which is consistent with the Comprehensive Land Use Plan. The RS -3 District allows the property to be developed into the single - family lots as proposed. Surrounding Land Uses. The following table identifies planned and existing uses adjacent to the proposed development: Blocks. The Crescent Ridge Third Addition final plat is proposed to be platted into 6 blocks with 58 lots. Section 10 -4 -1 of the Subdivision Ordinance requires blocks to be at least 400 feet in length, but no longer than 1,325 feet. All blocks are within the parameters set fourth in the Subdivision Ordinance. Lot Area. Single family Tots within the RS -3 District are required to provide a minimum area of 11,000 square feet for interior lots and 12,500 square feet for corner lots. The lots within the final plat meet the minimum square footage required. Lot Width & Depth. The minimum lot width for single - family lots within the RS -3 District is 85 feet for interior lots, 100 feet for corner lots and 130 feet for corner lots abutting 190 Street and 194th Street (major collectors). The minimum lot depth for double frontage single - family lots abutting Holyoke Avenue and 190 Street (major collectors) within the RS -3 District is 150 feet. All interior, corner and double frontage lots within the plat meet the minimum lot requirements. Outlots. The final plat of Crescent Ridge Third Addition includes Outlots A and B. Outlot A which encompasses stormwater detention and infiltration basins, will be deeded to the City. Outlot B will be retained by the developer to be final platted into single family lots in the future. Setbacks. The following table outlines the required setbacks for single family lots in the RS -3 District: The building pads shown on the final plat plans meet the minimum setback requirements. 2 Buffer Yards. Double frontage and corner Tots adjacent to major collectors such as 190 Street and 194 Street are required to provide a buffer yard berm and landscape screen. The buffer yard area for the lots abutting 190 Street and 194 Street is to be designated as drainage and utility easement to provide an area for the installation of berming and landscaping along the rear or side lot line. Landscape Plan. The landscape plan shows the installation of a double row of 8 -foot tall evergreen trees, spaced every 15 feet with an interspersed row of deciduous trees within the buffer yard area along 190 Street and 194 Street. The lots adjacent to 190 Street and 194 Street include a minimum of a four foot berm. The 8 foot tall evergreen trees are to be planted in a staggered row along the top of the berm. The developer is also proposing to install Chokeberry, White Willow and Gray Dogwood trees within the stormwater and infiltration basins as required by the South Creek Management Plan. A $13,400 security must be submitted prior to the release of the final plat mylars to guarantee the installation of the landscaping within the buffer yards and storm water treatment areas. In addition, the side and rear yards adjacent to 190 Street and 194 Street must be sodded to the edge of the adjacent right -of -way or trail. The City will require a $1,000 cash escrow be submitted with the building permit application for those lots that abut 190 Street and 194 Street to guarantee the installation of the side or rear yard sodding. This escrow will be in addition to the landscape /sod escrow required for all lots within the development that is collected when a building permit is issued. Access. Access to the Crescent Ridge Third Addition final plat will be from 190th Street, 193 Street and 194 Street via Holyoke Avenue. A barricade must be installed by the developer at the east ends of 193` and 194 Street until the streets are extended in the future with the development of the adjacent property. Streets & Right -of -Way. The Crescent Ridge Third Addition final plat includes the paving of a portion of 190th Street and the reconstruction of the remainder of 195 Street. The plat also includes the construction of the remaining portions of 193rd Street and 194 Street to the east plat boundary line. New streets to be constructed within the plat include 195th Court, Harappa Avenue, Halo Avenue and a small portion of Hilldale Avenue. 190th Street is classified as a major collector roadway as identified in the City's Comprehensive Transportation Plan. The required right -of -way for the future upgrade of 190th Street was dedicated with the Crescent Ridge Second Addition final plat. As part of the improvements associated with Crescent Ridge Third Addition the developer shall upgrade 190th Street to a paved rural section from Holyoke Avenue to the plat's eastern boundary. The developer will receive a credit for the street improvements within 190th Street, consistent with City policy. The credit will be based on an estimate provided by the developer's engineer and include associated engineering, contract administration and construction staking costs, estimated to be 15% of the construction cost. A cash fee for the future upgrade of 190th Street will be collected with the final plat based on the current rate in effect at the time of final plat. 195th Street is classified as a local street as identified in the City's Comprehensive Transportation Plan. The western portion of 195th Street was upgraded to an urban local street during the construction of the first and second addition of Crescent Ridge. The eastern portion of 195th Street remains as a two -lane rural gravel roadway. Development of Crescent Ridge Third Addition includes the reconstruction and upgrade of this remaining portion of 195th Street to an urban local street within a 60 foot wide right -of -way. Consistent with the approved 3 Crescent Ridge Second Addition preliminary plat, the cost of the 195th Street road improvements will be funded by the developer; existing adjacent property owners will not be assessed for the road improvements and access to the existing adjacent residents must be maintained by the developer during the reconstruction of 195th Street via a temporary road. In addition, a temporary turn - around is required to be constructed at the eastern terminus of 195th Street. 194th Street is classified as a major collector roadway as identified in the City's Comprehensive Transportation Plan. 194th Street is designed as a 44 -foot wide, two -lane urban street with 8- foot wide bituminous trails along both sides. The developer is dedicating 80 feet of right -of -way. The road will be extended from it's terminus within the Crescent Ridge Second Addition plat to the east plat boundary. A barricade and future street connection sign must be installed at the eastern terminus of 194th Street and western terminus of Hilldale Avenue. 193rd Street, Hilldale Avenue, Harappa Avenue, Halo Avenue and 195 Court are classified as local streets. All the local streets will be designed as a 32 -foot wide, two -lane urban street with 5 -foot concrete sidewalks along one side, except for 195 Court, a cul -de -sac street, which will not include a sidewalk. The developer is dedicating 60 feet of right -of -way for all local streets. A barricade and future street connection sign must be installed at the eastern terminus of 193rd Street. Sidewalks. All internal local streets, except for 195 Court, will have five foot wide concrete sidewalks on one side. All sidewalks will be paid for and constructed by the developer. Park Dedication. The City's Comprehensive Park Plan does not identify any parkland needs in the area of, the subject site. Therefore, park dedication requirements are to be satisfied as a cash fee in lieu of land dedication as required by Section 10 -4 -8 of the Subdivision Ordinance. The current park dedication rate for single family Tots is $4,747 per lot which would equate to a park dedication fee of $275,326.00 ($4,747 x 58 lots). As a result of a park dedication fee study being completed by the City, the City Council may consider a reduction to the park dedication fee rate for residential developments at their June 4, 2012 meeting. If the rate is reduced, the park dedication fee for the Crescent Ridge 3rd Addition final plat would be revised to reflect the new reduced rate. The park dedication fee must be submitted to the City prior to release of the final plat mylars. Trails. A trail will be constructed on the south side of 190 Street when it is upgraded in the future. The developer must post a cash escrow for 5 /8ths of the cost of the future trail along 190th Street adjacent to the third addition plat. An eight foot wide asphalt trail will be constructed on both sides of 194th Street with the development. The trails on 194th Street will be constructed by the developer. The developer shall be fully responsible for the grading and restoration and 5 /8ths of the cost for the aggregate base and bituminous paving. The City shall provide the developer with a credit to the park dedication amount for 3 /8ths of the cost of the aggregate base and bituminous pavement as outlined in the Engineering Report. Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans. The applicant is proposing to construct stormwater basins within Outlot A. The basins will include treatment for the third addition and all future phases for a total of 111 4 lots. The Engineering Department has reviewed the final plat plans and their comments are included in their report dated May 17, 2012. Wetlands. The final plat does not contain any wetland areas. Tree Preservation. The property has been previously graded and does not include any significant trees. Easements. The final plat illustrates perimeter easements for all 58 single - family lots as required by Section 10 -4 -4.A of the Subdivision Ordinance. The plat also includes the appropriate side and rear buffer yard easements along 190th Street and 194th Street for the installation of the required buffer yard landscaping and berming. Overhead Utilities. An overhead utility line exists along the east plat boundary that serves properties to the east and south of the plat. No revisions to the overhead utility line is proposed. Subdivision Identification Sign. The submitted plans do not indicate the installation of subdivision identification signs. If subdivision identification signs are to be installed they must comply with Section 9 -3 -7.A of the Sign Ordinance. The Sign Ordinance allows one sign at each entrance to an area from a major collector or arterial street. All proposed subdivision identification signs must be shown on the plans prior to City Council approval of the final plat. RECOMMENDATION: The Crescent Third Addition final plat plans comply with the provisions of the Zoning and Subdivision Ordinances and the 2008 Comprehensive Land Use Plan. Staff recommends approval of the Crescent Ridge Third Addition final plat subject to the following stipulations: 1. The recommendations outlined in the May 17, 2012 Engineering Report. 2. Outlot A must be deeded to the City with the recording of the final plat. 3. The park dedication fee is required to be submitted in lieu of land dedication as required by Section 10 -4 -8 of the Subdivision Ordinance prior to release of the final plat mylars. 4. A $13,400 security must be submitted prior to the release of the final plat mylars to guarantee the installation of the landscaping within the buffer yards and storm water treatment areas as shown on the approved plans. 5. The side and rear yards adjacent to 190 Street and 194 Street must be sodded to the edge of the adjacent right -of -way or trail. The City will require a $1,000 cash escrow be submitted with the building permit application for those lots that abut 190 Street and 194 Street to guarantee the installation of the side or rear yard sodding. This escrow will be in addition to the standard landscape /sod escrow required for all lots within the development that is collected with the building permit. 6. A five foot wide concrete sidewalk must be installed on one side of all streets throughout the development as shown on the final plat plans, except for 195 Court. The developer is responsible for the construction and cost of installing the sidewalks. 7. An 8 foot wide asphalt trail must be constructed on both sides of 194 Street. The City and developer will share the cost of the installation of the trails (3 /8 paid by the City and 5 /8 paid by the developer). 8. A trail will be constructed on the south side of 190 Street when it is upgraded in the future. The developer must post a cash escrow for 5 /8ths of the cost of the future trail along 190th Street adjacent to the third addition plat. 5 Yard Front Side Interior Side Corner Side (abutting 190 Street and 194 Street) Rear Rear (abutting 190 Street) Setback 30' 10' 20' 50' 30' 60' 9. As part of the improvements associated with Crescent Ridge Third Addition, the developer shall upgrade 190th Street to a paved rural section from Holyoke Avenue to the plat's eastern boundary. The developer will receive a credit for all street improvements within 190th Street, consistent with City policy. The credit will be based on an estimate provided by the developer's engineer and include associated engineering, contract administration and construction staking costs, estimated to be 15% of the construction cost. 10. A cash fee for the future upgrade of 190th Street will be collected with the final plat based on the current rate in effect at the time of final plat. 11. The eastern portion of 195th Street must be upgraded to an urban local street within a 60 foot wide right -of -way consistent with the approved Crescent Ridge Second Addition preliminary plat. The cost of the 195th Street road improvements will be funded by the developer. Existing adjacent property owners will not be assessed for the road improvements and access to the existing adjacent residents must be maintained by the developer during the reconstruction of 195th Street. 12. A temporary turn - around must be constructed at the eastern terminus of 195th Street. 13. Barricades must be installed by the developer at the east end of 193 Street and 194 Street and the west end of Hilldale Avenue until the streets are extended in the future. 14. The development must comply with the following setback requirements: 6 RM -1, Medium Density Residential JI■I. l J' !tor 1 ■ ■ ' ► City of Lakeville Location & Zoning Map Crescent Ridge 3rd Addition Final Plat Exhibit A rrka 2. 1 x I " ▪ rn X X LI :- 08 1.0 5 .i . .V®aae414of 0*&•©•q•o 11 h- �F-- 1 — I --1 -- - Q� V �.1 � F.y 1.. 1.O. I ,01 ..1 1�.. .Q.�1 �lt .ma . • y FW1 .N.y �.M..I1 MM {F�...Vy.1� V {1��Vyy1 {►ENV -y1 1� /��Vy� {1��.Vyy1 1 ,MV 1{.�..��Vyy� 1� /}�V�y� F /�}'V�y! 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This is the first phase of the Crescent Ridge Third Addition preliminary plat approved by the City Council on March 6, 2012. The subdivision is located east of and adjacent to Holyoke Avenue and south of and adjacent to 190 Street. The parent parcel consists of Outlots B & C, Crescent Ridge Second Addition and is zoned RS -3, Single Family Residential District. The final plat consists of fifty eight (58) single - family lots and two (2) outlots on 47.62 acres. The outlots created, shown on the final plat, will have the following uses: Outlot A: Stormwater basin and filtration basin; to be deeded to the City (2.98 acres) Outlot B: Future residential development; to be retained by the Developer (21.13 acres) CRESCENT RIDGE THIRD ADDITION FINAL PLAT MAY 17,2012 PAGE 2 The proposed development will be completed by: Developer: Shamrock Development Engineer /Surveyor: Pioneer Engineering SITE CONDITIONS The Crescent Ridge Third Addition site consists of vacant, undeveloped land with moderate to steep slopes. STREET AND SUBDIVISION LAYOUT Holyoke Avenue Crescent Ridge Third Addition is east of and adjacent to Holyoke Avenue, a major collector roadway and future parkway as identified in the City's Transportation Plan. The Developer dedicated the necessary right -of -way as part of the Crescent Ridge Second Addition final plat. Existing roadway, drainage and utility easements were previously established along the west side of Holyoke Avenue. The combined right -of- way dedication and existing roadway, drainage and utility easements satisfy the right - of -way requirement. Development of Crescent Ridge Second Addition included the construction of exclusive right -turn lanes and bypass lanes on Holyoke Avenue to maintain traffic safety and adequate traffic flow. Holyoke Avenue is constructed as a two -lane undivided rural roadway. Exclusive right -turn lanes were constructed at the northbound intersections of Holyoke Avenue at 194 Street and 193 Street and a bypass lane was constructed at the southbound Holyoke Avenue intersection at the 193 Street with the Crescent Ridge Second Addition improvements. A cash fee for the future upgrade of Holyoke Avenue will be collected when the area adjacent to Holyoke Avenue within Outlot B is final platted into lots and blocks. The fee will be based on the current rate in effect at the time of final plat. 190 Street Crescent Ridge Third Addition is south of and adjacent to 190 Street, a major collector roadway as identified in the City's Transportation Plan. The Developer dedicated 50 feet of 1 /2 right -of -way to satisfy the right -of -way requirement with the Crescent Ridge Second Addition final plat. 190 Street is constructed as a two -lane undivided rural gravel roadway. The City's current Capital Improvement Plan does not include improvements to 190 Street. As part of the improvements with Crescent Ridge Third Addition the Developer shall upgrade 190 Street to a paved rural section from Highview Avenue to the plat's CRESCENT RIDGE THIRD ADDITION FINAL PLAT MAY 17,2012 PAGE 3 eastern boundary. The Developer will receive a $40,101.25 credit for 100% of the construction costs for the work, consistent with City policy. The credit is based on an estimate provided by the Developer's engineer and includes associated engineering, contract administration and construction staking costs, estimated to be 15% of the construction cost. A cash fee for the future upgrade of 190 Street will be paid with the final plat. The cash fee is calculated as follows: 191.00 f.f. x $72.00/f.f. = $13,752.00 Front Footage along 190 Street Street Assessment Rate Total A cash fee for the future upgrade of 190 Street will be collected when the area adjacent to 190 Street within Outlot B is final platted into lots and blocks. The fee will be based on the current rate in effect at the time of final plat. 194 Street Development of Crescent Ridge Third Addition includes the construction of 194th Street, a major collector roadway. 194th Street is designed as a 44 -foot wide, two -lane urban street with 8 -foot wide bituminous trails along both sides. The Developer dedicated 80 feet of right -of -way with the Crescent Ridge Second Addition final plat. The road will be extended from its terminus of the Crescent Ridge Second Addition plat to the Crescent Ridge Third Addition plat boundary. Barricades and future street extension signs must be installed at its terminus. Hilldale Avenue Development of Crescent Ridge Third Addition includes the construction of Hilldale Avenue, a local street. Hilldale Avenue is designed as a 32 -foot wide, two -lane urban street with a 5 -foot concrete sidewalk along one side. The Developer is dedicating 60 feet of right -of -way. Barricades and future street extension signs must be installed at its terminus. Halo Avenue Development of Crescent Ridge Third Addition includes the construction of Halo Avenue, a local street. Halo Avenue is designed as a 32 -foot wide, two -lane urban street with a 5 -foot concrete sidewalk along one side. The Developer is dedicating 60 feet of right -of -way. Harappa Avenue Development of Crescent Ridge Third Addition includes the construction of Harappa Avenue, a local street. Harappa Avenue is designed as a 32 -foot wide, two -lane urban CRESCENT RIDGE THIRD ADDITION FINAL PLAT MAY 17, 2012 PAGE 4 street with a 5 -foot concrete sidewalk along one side. The Developer is dedicating 60 feet of right -of -way. The Developer is required to extend Harappa Avenue to intersect with existing 190 Street within existing right -of -way. 195 Court Development of Crescent Ridge Third Addition includes the construction of 195 Court, a local cul -de -sac street. 195th Court is designed as a 32 -foot wide, two -lane urban cul -de -sac street. The Developer is dedicating 60 feet of right -of -way. Barricades and future street extension signs must be installed at its terminus. 193 Street Development of Crescent Ridge Third Addition includes the construction of 193rd Street, a local street. 193rd Street is designed as a 32 -foot wide, two -lane urban street with a 5 -foot concrete sidewalk along one side. The Developer is dedicating 60 feet of right -of -way. 195 Street Crescent Ridge Third Addition is north of and adjacent to 195 Street, a local street as identified in the City's Transportation Plan. Development of Crescent Ridge Third Addition includes the reconstruction of 195 Street. 195 Street is constructed as a two -lane undivided rural gravel roadway within 60 feet of right -of -way. 195 Street will be reconstructed to the current standard specifications of an urban local street. To minimize impacts to existing adjacent residents, 195 Street will be reconstructed in its current location (offset from the center of the right -of -way). 15 -foot wide drainage and utility easements will be established within the lots in Crescent Ridge Third Addition adjacent to 195 Street to provide additional snow storage. Access to the existing adjacent residents will be maintained during the reconstruction of 195th Street via a temporary road. Consistent with the Crescent Ridge Second Addition preliminary plat, the cost of the 195 Street road improvements will be funded by the Developer; existing adjacent property owners will not be assessed for the road improvements. A temporary turnaround must be constructed at the eastern terminus of 195 Street when 195 Street is reconstructed to the current standard specifications of an urban local street. 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 stubs. Building permits, except one model home permits, will not be issued until the concrete curb and gutter and bituminous base pavement have been installed. CRESCENT RIDGE THIRD ADDITION FINAL PLAT MAY 17,2012 PAGE 5 CONSTRUCTION ACCESS Construction access and egress for grading, public utility installation and street construction must be from Holyoke Avenue at the proposed intersections of either 194 Street or 193 Street. PARKS, TRAILS AND SIDEWALKS The City's Parks, Trails and Open Space Plan does not designate any area within the proposed plat as future park land. Development of Crescent Ridge Third Addition includes the construction of public bituminous trails and public concrete sidewalks. 5 -foot wide concrete sidewalks will be constructed along one side of all local streets and 8 -foot wide bituminous trails will be constructed along both sides of 194th Street, consistent with the City's Parks, Trails and Open Space Plan. The Developer will receive a credit to the Park Dedication Fee for the City's 3 /8th portion of the trail costs (excluding grading and restoration), consistent with the Subdivision Ordinance and City policy. The 194 Street Trail Construction Credit is calculated as follows: $8,754.48 x 3/8 = $3,282.93 Total Estimated Cost City's Trail Total for Trail Construction Cost Portion Along 194 Street The City's Parks, Trails and Open Space Plan identifies future 10 -foot wide public bituminous trails along the east side of Holyoke Avenue and the south side of 190th Street. The Developer will rough -grade the trail base within the southerly right -of -way of 190 Street and pay their 5 /8th portion of the trail costs (including 100% of grading and restoration) for 190 Street, consistent with the Subdivision Ordinance and City policy. The trails will likely be constructed when Holyoke Avenue and 190th Street are reconstructed to urban sections. The 190 Street Trail Construction fee is calculated as follows: $2,408.33 x 5/8 = $1,505.21 Total Estimated Cost Developer's Trail Total for Trail Construction Cost Portion Along 190 Street A cash fee for the trail construction along the remainder of 190 Street and Holyoke Avenue for the portion adjacent to Outlot B will be collected with the final plat for the length of the plat adjacent to these streets being final platted into Lots and Blocks when Outlot B develops. CRESCENT RIDGE THIRD ADDITION FINAL PLAT MAY 17, 2012 PAGE 6 The Park Dedication requirement has not been collected on the parent parcel and will be satisfied through a cash contribution that will be paid with the final plat. The Park Dedication fee is calculated as follows: 58 units x $4,747.00 /unit = $275,326.00 Single - Family Dwelling Units Park Dedication Fee Rate Total As a result of a park dedication fee study being completed by the City, the City Council may consider a reduction to the park dedication fee rate for residential developments at their June 4, 2012 meeting. If the rate is reduced, the park dedication fee for the Crescent Ridge 3 Addition final plat would be revised to reflect the new reduced rate. The balance due the City for park dedication is calculated as follows: UTILITIES Park Dedication Fee $275,326.00 190 Street Future Trail Improvements $1,505.21 Less Credit for 194 Street Trail Improvements ( -) $3,282.93 Balance = $273,548.28 SANITARY SEWER: Crescent Ridge Third Addition is located within subdistrict ML -70170 of the Marion 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 Lakeville /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 Crescent Ridge Third Addition includes public sanitary sewer construction. 8 -inch sanitary sewer will be extended within the subdivision from an existing sanitary sewer stub to provide service to the Tots. The Lateral Sanitary Sewer Access Charge for the sanitary sewer within 195 Street right -of -way has not been collected on the parent parcel and will be paid with the final plat. The Lateral Sanitary Sewer Access Charge is calculated as follows: 363.43 f.f. x $39.00 /f.f. = $14,173.77 Front Footage along 195 Street Access Charge Total The Sanitary Sewer Trunk Area Charge was previously assessed ( #118) to 32.80 acres of the parent parcel (including the Crescent Ridge plat) in 1980; that assessment has been paid. The Crescent Ridge and Crescent Ridge Second addition plats consisted of 3.44 acres and 15.16 acres of developable land, respectively, and were credited for the CRESCENT RIDGE THIRD ADDITION FINAL PLAT MAY 17,2012 PAGE 7 Sanitary Sewer Trunk Area Charge. Therefore, the Sanitary Sewer Trunk Area has been collected on 14.20 acres of the Crescent Ridge Third Addition final plat. The Sanitary Sewer Availability Charge will be collected on the remaining balance of the Crescent Ridge Third Addition final plat. The Crescent Ridge Third Addition developable area is calculated as follows: Crescent Ridge Second Addition (Total Area) 47.62 acres Less Outlot A ( -) 2.98 acres Less Outlot B ( -) 21.13 acres Balance 23.51 acres The Sanitary Sewer Availability Charge for Crescent Ridge Third Addition is due on 9.31 acres which is 39.6% of the developable area. The Sanitary Sewer Availability Charge must be paid with the final plat and is calculated as follows: 58 x 39.6% = 23 Number of Lots in Crescent Percent of Lots Sanitary Number of Units for Sanitary Ridge Third Add. Final Plat Sewer Availability Charge Applies Sewer Availability Charge 23 units x $307.00 /dwelling unit = $7,061.00 Single- Family Dwelling Units Sanitary Sewer Availability Charge Rate Total The Sanitary Sewer Availability Charge for the future Tots within Outlot B will be collected on all lots based on the sanitary sewer availability charge in effect at the time of final plat. WATERMAIN: Development of Crescent Ridge Second Addition includes public watermain construction. 8 -inch and 16 -inch watermain will be extended within the subdivision from an existing watermain stub to provide service to the lots. Consistent with the approved Crescent Ridge Second Addition preliminary plat, 8 -inch watermain will be constructed within 195 Street. The watermain will be constructed along the south side of the existing gravel road in an effort to keep the existing road in service as long as possible. The watermain construction, in addition to the water service locations, will be coordinated with the residents along 195 Street. The Developer will receive a credit for the watermain improvements within 195 Street, consistent with City policy. The $13,593.14 credit is 50% of the construction cost of the watermain within 195 Street and 100% of the construction cost of the water services to the existing properties along 195 Street. The credit is based on an estimate provided by the Developer's engineer and includes associated engineering, CRESCENT RIDGE THIRD ADDITION FINAL PLAT MAY 17,2012 PAGE 8 contract administration and construction staking costs, estimated to be 15% of the construction cost. The Developer will receive a credit for the trunk watermain improvements within 194 Street, consistent with City policy. The $15,802.00 credit is the construction cost difference between 16 -inch watermain and 8 -inch watermain based on an estimate provided by the Developer's engineer. The credit will be applied to the Crescent Ridge Third Addition final plat cash fees. Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Crescent Ridge Third Addition will not be permitted until the as -built electronic files have been submitted and approved by City staff. OVERHEAD LINES An existing overhead utility line extends along the east property line of Crescent Ridge Third Addition. Dakota Electric Association records indicate it is an existing single -phase line that serves residents south of 190 Street to the point where the service area changes to Xcel Energy. Dakota Electric Association indicated service to Crescent Ridge Second Addition will likely come from an existing three -phase line along the north side of 190 Street that extends across Holyoke Avenue; therefore there are no anticipated changes to the existing single -phase line. DRAINAGE AND GRADING The final plat of Crescent Ridge Third Addition lies within Subdistricts SC -66 of the South Creek Drainage District, and a portion of the plat lies within FO -21 of the Farmington Outlet Drainage District, as identified in the City's Water Resources Management Plan. Development of Crescent Ridge Third Addition includes the construction of a public stormwater basin and a public filtration basin along the east parcel boundary to collect and treat the stormwater runoff generated in the Farmington Outlet Drainage District. The stormwater basin and filtration basin will provide water quality treatment, skimming and rate control of the stormwater runoff generated within the Crescent Ridge Third Addition subdivision. The public basins will be located within Outlot A (to be deeded to the City with the final plat). Stormwater runoff generated from within the site within the South Creek Drainage District will be conveyed via public storm sewer to the stormwater basin that was constructed with the Crescent Ridge Second Addition improvements located along the west side of the property (east of and adjacent to Holyoke Avenue). The stormwater basin and filtration basin were designed for and provide water quality treatment, CRESCENT RIDGE THIRD ADDITION FINAL PLAT MAY 17,2012 PAGE 9 skimming and rate control of the stormwater runoff generated within the Crescent Ridge Second and Third Addition subdivisions. An analysis of the hydrologic and hydraulic effects of the Donnelly Farm development (located west of Crescent Ridge Second Addition) led to revisions to subdistrict SC -66. The revisions to the existing and proposed land use conditions are identified in the July 30, 2004 letter from Barr Engineering and have been incorporated into the Crescent Ridge Third Addition stormwater management system design. The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlot A to the City, consistent with City policy. The $16,390.00 credit is based on the size of Outlot A, is calculated at the rate of $5,500.00 per acre, and will be applied to the Crescent Ridge Third Addition final plat cash fees. 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 shall 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, including the buffer yard berms along Holyoke Avenue and 194 Street have been submitted and approved by City staff. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from 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. REQUIRED BERMING A buffer yard berm and landscaping screen with a combined height of 10 feet (including a minimum earth berm height of 4 feet) will be provided adjacent to 190 and 194 Street. A certified as -built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. STORM SEWER Development of Crescent Ridge Third 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 public stormwater basins (Outlot A, Crescent Ridge Third Addition & Outlot A, Crescent Ridge Second Addition). CRESCENT RIDGE THIRD ADDITION FINAL PLAT MAY 17,2012 PAGE 10 Draintile construction is required in areas of non - granular soils within Crescent Ridge Third Addition for the street sub -cut 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 has not been collected on the parent parcel and will be paid with the final plat. The Trunk Storm Sewer Area Charge is calculated as follows: Gross Area of Crescent Ridge Third Addition 2,074,511 s.f. Less Area of Outlot A (Public Stormwater Basins) ( -) 129,906 s.f. Less Area of Outlot B (Future Development) ( -) 920,230 s.f. Total = 1,024,375 s.f. 1,024,375 s.f. x $0.167/s.f. = $171,070.63 Net Area of Crescent Ridge Second Addition Area Charge Total The balance due the City for Trunk Storm Sewer Area Charge is calculated as follows: Trunk Storm Sewer Area Charge $171,070.63 Less Credit for Outlot A ( -) $16,390.00 Balance = $154,680.63 Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. WETLANDS There are no existing wetlands within Crescent Ridge Third Addition. TREE PRESERVATION There are no significant trees within Crescent Ridge Third Addition. It is recommended that the trees and shrubs being planted around the stormwater and filtration basins be reviewed in the field prior to installation to make sure the proposed locations are appropriate. EROSION CONTROL The erosion control plan was reviewed and includes the following: CRESCENT RIDGE THIRD ADDITION FINAL PLAT MAY 17,2012 PAGE 11 • A single gravel construction entrance is shown on the plan sheets and included in the erosion control notes. • A seed /mulch specification that meets City requirements. • All 3:1 slopes will be seeded and stabilized with fiber blanket. • MnDoT seed mix 25B (or BWSR mix #1) will be used in all stormwater treatment and infiltration areas below the HWL. MnDoT seed mix 26B (or BWSR mix #2) will be used on the stormwater treatment and infiltration area slopes above the HWL. • Stormwater treatment areas will be graded first. • Silt fence will be installed to protect offsite areas from sediment transport. • Installation of erosion control at street curbs after utilities are installed. • Erosion control blanket is shown on all pond slopes. • Streets must be cleared of debris at the end of each day. • Pond Maintenance: A maintenance schedule for the first 2 years must be included in the plans. This must include mowing 2 to 3 times, 30 days apart during the first year with the mower deck about 6 -8" off the ground. The second year, the pond areas must be mowed once before weeds set their seeds. This will reduce weed establishment and help stimulate the desirable vegetation. This will cut down on maintenance in the long -term. • Inlet protection is identified on the plans. • Avoid compaction of infiltration areas by keeping heavy equipment out of basin areas during excavation. • Temporary checks and erosion control blanket are shown in swales and ditches. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water District. Additional measures shall be installed and maintained by the developer. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer - installed improvements relating to Crescent Ridge Second Addition. Construction costs are based upon estimates submitted by the Developer's engineer on April 10, 2012. CRESCENT RIDGE THIRD ADDITION FINAL PLAT MAY 17, 2012 PAGE 12 CONSTRUCTION COSTS Sanitary Sewer $ 168,245.00 Watermain 249,257.25 Storm Sewer 232,614.00 Street Construction 515,418.75 Erosion Control, Stormwater and Filtration Basins, 243,074.00 Restoration and Grading Certification SUBTOTAL - CONSTRUCTION COSTS $ 1,408,609.00 OTHER COSTS Developer's Design (6.0 %) $ 84,516.54 Developer's Construction Survey (2.5 %) 35,215.23 City's Legal Expense (0.5 %) 7,043.05 City Construction Observation (7.0 %) 98,602.63 Developer's Record Drawing (0.5 %) 7,043.05 Landscaping 13,400.00 Street Lights 10,200.00 Lot Corners /Iron Monuments 6,000.00 SUBTOTAL - OTHER COSTS $ 262,020.49 TOTAL PROJECT SECURITY $ 1,670,629.49 The street Tight security totals $10,200.00 which consists of one mast -arm street light at $1,200.00 each and ten post -top street lights at $900.00 each. The Developer shall 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 $6,000.00. 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. CASH FEES The cash fee for traffic control signs is $3,971.60; includes six street and stop signs, and two future street connection signs. If the street posts are installed in frost conditions, the Developer will pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses will be paid with the final plat and is calculated as follows: 58 units x $7.65 /unit /qtr. x 4 qtrs. = $1,774.80 Dwelling Units Streetlight Operating Fee Total CRESCENT RIDGE THIRD ADDITION FINAL PLAT MAY 17, 2012 PAGE 13 A cash fee for one -year of surface water management expenses will be paid with the final plat and is calculated as follows: 58 units x $7.00 /unit /qtr. x 4 qtrs. = $1,624.00 Dwelling Units Surface Water Management Fee Total 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: 60 lots x $75.00 /unit = $4,500.00 Lots /Outlots City Base Map Updating Fee Total 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 must also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration will be based on three percent (3.00 %) of the estimated construction cost, or $42,258.27. CASH REQUIREMENTS Future Upgrade of 190 Street 190 Street Future Trail Improvements Park Dedication Fee Lateral Sanitary Sewer Access Charge Sanitary Sewer Availability Charge Trunk Storm Sewer Area Charge Traffic Control Signs Streetlight Operating Fee Surface Water Management Fee City Base Map Updating Fee City Engineering Administration (3.00 %) SUBTOTAL - CASH REQUIREMENTS CREDITS TO THE CASH REQUIREMENTS 194 Street Trail Improvements 195 Street Watermain Improvements Trunk Watermain Improvements 190 Street Improvements Outlot A (Deeded to the City) SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 13,752.00 1,505.21 275,326.00 14,173.77 7,061.00 171,070.63 3,971.60 1,774.80 1,624.00 4,500.00 42,258.27 $ 537,017.28 $ 3,282.93 13,593.14 15,802.00 40,101.25 16,390.00 $ 89,169.32 TOTAL CASH REQUIREMENTS $ 447,847.96 CRESCENT RIDGE THIRD ADDITION FINAL PLAT MAY 17, 2012 PAGE 14 RECOMMENDATION Engineering recommends approval of the Crescent Ridge Third Addition final plat, final grading plan, final erosion control plan and final utility plan subject to the requirements and stipulations of this report.