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HomeMy WebLinkAboutItem 06.iJune 22, 2012 Item No. Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the final plat of Stone Borough 5 Addition. Adoption of this motion will allow the development of 16 single family Tots within the final phase of the Stone Borough development. Overview KJ Walk, Inc. has submitted a final plat application for sixteen RS -4, Single Family Residential Tots on 4.5 acres to be known as Stone Borough 5th Addition. This is the final phase of the Stone Borough development. The Stone Borough development is located on the east side of Dodd Boulevard (CSAH 9) and north of 215 Street (CSAH 70). The fifth addition final plat is consistent with the approved preliminary plat. Staff recommends approval of the Stone Borough 5 Addition final plat as outlined in the attached Planning and Engineering Reports. Primary Issues to Consider • None. Supporting Information • Resolution approving the Stone Borough 5 Addition final plat • Signed development contract • June 13, 2012 Planning Report • June 13, 2012 Engineering Report 6' Ilyn G. Kuennen, AICP Associate Planner JULY 2, 2012 CITY COUNCIL MEETING STONE BOROUGH 5 ADDITION FINAL PLAT Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF STONE BOROUGH 5 ADDITION WHEREAS, the owner of the plat described as Stone Borough 5 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 City. WHEREAS, the final plat is consistent with the preliminary plat and is acceptable to the NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The final plat of Stone Borough 5 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 2 day of July 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 2 day of July, 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) STONE BOROUGH FIFTH ADDITION AGREEMENT dated , 2012, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and KJ WALK, INC., a Florida corporation (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for STONE BOROUGH FIFTH 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: Outlot A, STONE BOROUGH FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, fumish 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 164966v1 1 agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, and 3) the plat has been filed with the Dakota County Recorder's Office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi - phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges, sanitary sewer charges, and storm sewer charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into Tots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into Tots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A and B, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall - control. The plans are: 164966v1 2 Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Plans and Specifications for Public Improvements 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control E. Underground Utilities F. Setting of Iron Monuments G. Surveying and Staking H. Sidewalks and Trails The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the - City Code concerning erosion and drainage and Section 4 -1-4 -2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a pre - construction meeting at a 164966v1 3 mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed. 9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: • Minnesota Department of Health for Watermains • NPDES Permit for Stormwater Connections • MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal • DNR for Dewatering • City of Lakeville for Building Permits • MCES for Sanitary Sewer Connections • 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. 164966v1 4 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2012. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area - that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 15. GRADING PLAN. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building 164966v1 5 permits (except one model home permit on a lot acceptable to the Building Official), the Developer shall provide the City with an as constructed" grading plan certified by a registered land surveyor or engineer that all storm water treatment basins, swales, and ditches have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of storm water treatment basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas /stockpiles, and installed "conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3 -5.NN. The City will withhold issuance of building permits until the approved certified - grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from, construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street leaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in -house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3 %) of construction costs identified in the Summary of Security Requirements if using a letter of credit, 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. 164966v1 6 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. Storm water runoff from the public right -of -way and lots constructed within Stone Borough Fifth Addition will be conveyed via extensions of existing public storm sewer facilities and directed to storm sewer treatment facilities previously designed and constructed to accommodate the runoff in conjunction with previous phases of the Stone Borough subdivisions. Final storm sewer locations and sizes must be reviewed and approved by City staff with the final construction plans. The trunk storm sewer area charge has not been collected on the parent parcel described as Outlot A, Stone Borough Fourth Addition, which is being final platted as Stone Borough Fifth Addition, and must paid in cash at the time of final plat approval. The trunk storm sewer area charge is calculated as follows: 194,713.20 s.f. x $0.167/s.f. = $32,517.10 Gross Area of Stone Area Charge Total Borough Fifth Addition 20. SANITARY SEWER. Development of Stone Borough Fifth Addition includes the extension of public sanitary sewer following the proposed right -of -way for Hyalite Drive and connection to an existing 8 -inch sanitary sewer located within Hytrail Circle. Building permits will be withheld for lots requiring new services until the new service is installed. Final locations and sizes of all sanitary sewer must be reviewed and approved by City Staff with the final construction plans. The sanitary sewer trunk area charge for the Stone Borough Fifth Addition development has previously been paid. 21. WATERMAIN. Development of Stone Borough Fifth Addition includes the extension of a public watermain following the proposed right -of -way for Hyalite Drive and connection to an existing 8- inch watermain located within Hytrail Circle. 164966v1 7 Final locations and sizes of all watermain facilities will be reviewed by City Staff with the final construction plans. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility installation, and street construction must be from Dodd Boulevard (CSAH 9) at Hytrail Circle. 23. PARK DEDICATION. The City's park dedication requirement for all phases of the Stone Borough development was satisfied with the dedication of the usable, upland area within Outlot B, Stone Borough. The park was constructed by the City in 2011. 24. 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 (236) inches 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, less 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 164966v1 8 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. 25. TRAFFIC CONTROL SIGNS. A cash fee for traffic control signs is due with this addition. Street signing consists of two stop /street signs for a total of $1,030.00. If the street signs are installed during frost conditions, the developer shall pay an additional $150.00 for each street sign location. 26. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the June 13, 2012 Engineering Report. B. All single family homes within Stone Borough Fifth Addition must comply with the following RS-4, Single Family Residential District setbacks: Front House 20' Front Garage 25' Side Interior 7' Side Corner 20' Rear 30' C. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $1,600.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 16 lots at $100.00 per lot. The security will be. held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. D. 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 or outlot for a total charge of $1,200.00. E. 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, 164966v1 9 utilities, streets) shall be in electronic format in accordance with standard City specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. 27. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, 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 letter of credit, in the form attached hereto, from a bank ( "security ") for $159,438.21, plus a cash fee of $3,866.22 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Sanitary Sewer $ 31,532.00 Watermain 31,770.00 Storm Sewer 13,722.00 Street Construction 49,350.00 Site Grading /Erosion Control /Restoration & Grading Certification 7,500.00 CONSTRUCTION SUB -TOTAL $ 132,874.00 OTHER COSTS: Developer's Design (6.0 %) $ 7,732.44 Developer's Construction Survey (2.5 %) 3,221.85 City Legal Expenses (Est. 0.5 %) 644.37 City Construction Observation (7.0 %) 9,021.18 Developer's Record Drawings (0.5 %) 644.37 Lot Corners /Iron Monuments 1,600.00 Streetlights 2,700.00 OTHER COSTS SUB -TOTAL TOTAL PROJECT SECURITIES: This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, without notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the - required term. If the required public improvements are not completed at least thirty (30) days prior to the 164966v1 10 $ 25,564.21 $ 159,438.21 expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90 %) of the financial obligations that have been satisfied. Ten percent (10 %) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City's standard specifications for utility and street construction outline procedures for security reductions. 28. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash - requirements under this Contract which must be furnished to the City at the time of final plat approval: Trunk Storm Sewer Area Charge Street Signs City Base Map Updating City Engineering Administration (3 %) TOTAL CASH REQUIREMENTS $ 32,517.10 1,030.00 1,200.00 3,866.22 $ 38,613.32 29. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to secure the warranties. The City shall retain ten percent (10 %) of the security posted by the Developer until the maintenance bonds are furnished 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. 164966v1 11 30. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and 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 attomeys' 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. 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. 164966v1 12 31. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty -eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City' may, in addition to its other remedies, assess the cost in whole or in part. 32. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances,. zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except one model home on a lot acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning ordinance is required prior to the construction of any model homes. 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 164966v1 13 men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and /or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on- the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate 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 164966v1 14 City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the - Developer sells one or more lots, the entire plat, or any part of it. L. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City. Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 33. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 6001 Egan Drive, Suite 100, Savage, Minnesota 55378. 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.] 164966v1 15 (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) 164966v1 16 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 STATE OF MINNESOTA ) .:ncbL.cli (ss. COUNTY OF atoiftsTik ) Alena Rae Hardy NOTARY PUBLIC State of Minnesota My Commission Expires 1 -31 -2016 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK: cjh DEVELOPER: KJ WALK, INC. BY: 164966v1 17 Its r The foregoing instrument was acknowledged before me this 2 \ day of 3L)r 2_ 2017, by L,u KSt.. -sr a€ -k `s Th the do r* KJ WALK, INC., a Florida corporation, on behalf of the corporation. QN NO AIRY PUBLIC Memorandum To: Mayor and Members of City Council From: Allyn Kuennen, AICP Associate Planner Date: June 13, 2012 Subject: Packet Material for the July 2, 2012 City Council Meeting Agenda Item: Stone Borough 5th Addition Final Plat Application Deadline: July 9, 2012 BACKGROUND INFORMATION: KJ Walk, Inc. has submitted a final plat application for sixteen RS -4, Single Family Residential lots on 4.5 acres to be known as Stone Borough 5th Addition. This is the final phase of the Stone Borough development. The Stone Borough development is located east side of Dodd Boulevard (CSAH 9) and north of 215 Street (CSAH 70). The Stone Borough 5th Addition plans have been distributed to the Engineering Department for their review and comment. The following exhibits are attached for your review: Exhibit A — Location & Zoning Map Exhibit B — Approved Preliminary Plat Exhibit C — Final Plat Exhibit D — Grading Plan Exhibit E — Utility Plan Exhibit F — Storm Water Management Plan Project Analysis: City of Lakeville Planning Department Existing Conditions. The area to be final platted was rough graded during previous phases of the development. 1 Direction Land Use Plan Zoning Map Existing Use North Low - Medium Density Residential RM -1, Medium Density Residential District Detached Townhomes East Low - Medium Density Residential RM -1, Medium Density Residential District Single Family and Detached Townhomes South Low - Medium Density Residential RM -1, Medium Density Residential District Single Family and Detached Townhomes West Low - Medium Density Residential RM -1, Medium Density Residential District Single Family Homes and Attached and Detached Townhomes Yard Front House Front Garage Side Interior Side Corner Rear Setback 20' 25' 7' 20' 30' Zoning. The site is zoned RM -1, Medium Density Residential District which allows for the proposed RS -4, Single Family Residential lots as a permitted use. Surrounding Land Uses. The table below identifies planned and existing uses adjacent to the proposed development: Density. The gross area of the final plat is 4.47 acres with a gross density of 3.579 units per acre. The net developable area of the preliminary plat, excluding right -of -way, is 3.687 acres with a net density of 4.340 units per acre. Phasing. The Stone Borough 5 Addition is the final phase of the Stone Borough development. Blocks. 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 within the final plat meet the requirements of the Subdivision Ordinance. Lot Area. Single family lots within the RS -4 District are required to provide a minimum lot area of 8,400 square feet for interior lots and 10,200 square feet for corner lots. The area of the 16 lots to be final platted meet the minimum lot size requirements. Lot Width. The minimum lot width for single - family lots within the RS -4 district is 70 feet for interior lots and 85 feet for corner lots. All interior and corner lots within the final plat meet the minimum lot width requirement. Outlots. The final plat does not include outlots. Setbacks. Setback requirements for single family lots in the RS -4 District are outlined below: 2 Yard Front House Front Garage Side Interior Side Corner Rear Setback 20' 25' 7' 20' 30' The building pads shown on the final plat meet the minimum setback requirements listed above. Landscape Plan. A landscaping plan is not required to be submitted. All lots within the final plat are interior lots and do not include any landscape buffer yard areas. Access, Streets & Right -of -Way. Access to the plat will continue to be off of Dodd Boulevard (CSAH 9) from Hytrail Circle and Hyacinth Avenue. One new street, Hyalite Drive, will be constructed as a local street to provide access to the final plat. No additional street improvements are required. Trails. A regional trail extension was graded by the developer within the open space area to the south of the plat adjacent to South Creek with the original Stone Borough plat. No additional trail construction is required. Park Dedication. The park dedication requirement for Stone Borough 5th Addition was satisfied through a land dedication with the original plat in 2004. The Stone Borough Park, within the northeast corner of the development, was constructed by the City in 2011. Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans. The Engineering Department reviewed the grading, drainage and erosion control plans and their comments are included in their June 13, 2012 report. The Engineering Department recommends approval of the final plat. Wetlands. There are no existing wetlands within the Stone Borough 5th Addition plat. Tree Preservation. There are no trees within the Stone Borough 5 Addition plat. Easements. The Stone Borough 5 Addition final plat shows the required perimeter easements for all single - family lots as required by Section 10 -4 -4.A of the Subdivision Ordinance. RECOMMENDATION: The final plat plans comply with the provisions of the Zoning and Subdivision Ordinances. Staff recommends approval of the Stone Borough 5 Addition final plat subject to the following stipulations: 1. The recommendations outlined in the June 13, 2012 Engineering Report. 2. All single - family homes must comply with the following RS -4, Single Family Residential district setbacks: 3 215th Street (CSAH 70) • 1110❑0000❑000 POS, Public & Open Space City of Lakeville Location & Zoning Map Stone Borough 5th Addition Final Plat Exhibit A til T X v D = 3 - 70 o p cu sr, i -.2 N y -° o • Cf* 1n m — 03 C) N ZD 0 r m DO m m m Z 50 143 74 7#104 No110'orw 1$000 L N00V6' -9W 13000 rn 8; 8 N00116491W 13000 50136 "E 309 75 1 42.96 R -22500 1 I'./l )A CCI -Ir�I A =10'5 E 2 fl I I rr -,I�_ CIRCLE 5=1O562 R■175.00 50106 497 309. , - 33 41 O 4 9'3J , 19 296 m 70 0 - HOUSE SETBACK GARAGE SETBACK — 4 —.a J r 1 I $ - HOUSE SETBACK y- GARAGE SETBACK - �ffir I I I .1 I J 11 p3 0 F - V 90044991 143 7 4 ' 1 749' 3'47 37 F-' N N I,D N O a) .< E C CI N O 7< N E N O `C z I�0 I- r -4 (D N N O C N N O -I p (D NJ G O < —I �' N m fp X.. 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Walk, Inc. has submitted a final plat named Stone Borough Fifth Addition. This is the second and final phase of the Stone Borough Fourth Addition preliminary plat approved by the City Council on May 2, 2011. The proposed subdivision is located east of Dodd Boulevard (CSAH 9); south of Golden Pond First Addition; north of the South Branch of South Creek and Brookside Estates First Addition. The parent parcel is Outlot A, Stone Borough Fourth Addition. The final plat consists of sixteen single - family lots within two blocks on 4.47 acres. Development of the site includes the extension of public storm sewer, site grading, and public watermain and sanitary sewer. The proposed development will be completed by: Developer: K.J. Walk, Inc Engineer: K.J. Walk, Inc Surveyor: Rehder and Associates, Inc. SITE CONDITIONS Stone Borough Fifth Addition is located on land that was mass graded with the development of Stone Borough Fourth Addition. STONE BOROUGH FIFTH ADDITION 7uNE13,2012 PAGE 2 OF 7 STREET AND SUBDIVISION LAYOUT Access to Stone Borough Fifth Addition will be from Hytrail Circle to the west and Hyacinth Avenue to the north. Hytrail Circle Hytrail Circle is an existing roadway constructed as part of Stone Borough Second Addition. It is designed as a 28 -foot wide local roadway within a 50 -foot wide right of way. Hyacinth Avenue Hyacinth Avenue is an existing roadway constructed as part of Stone Borough Second Addition. It is designed as a 28 -foot wide local roadway within a 50 -foot wide right of way. Hyalite Drive Hyalite Drive is designed as a 28 -foot wide local roadway within a 50 -foot wide right -of -way and 15 foot front drainage and utility easements. The developer will dedicate right -of -way as shown on the final plat and Hyalite Drive will be constructed from the west leg of Hytrail Circle to the north leg of Hytrail Circle. Consistent with the previous phases of the Stone Borough development no sidewalk construction will be required. The City reserves the right to increase the street sections at the time of construction based upon site conditions. Building permits, except one model home permit, for Stone Borough Fifth Addition shall not be issued until the concrete curb and gutter and bituminous base pavement have been installed. CONSTRUCTION ACCESS Construction access and egress for grading, public utility installation and street construction must be from Dodd Boulevard (CSAH 9) at Hytrail Circle. PARKS AND TRAILS The Park Dedication requirement for all phases of the Stone Borough development was satisfied with the dedication of the usable, upland area within Outlot B, Stone Borough. A neighborhood park was constructed in Outlot B by the City in 2011. STONE BOROUGH FIFTH ADDITION JUNE 13, 2012 PAGE 3 OF 7 UTILITIES SANITARY SEWER Stone Borough Fifth Addition is located within subdistrict SC -10320 of the South Creek sanitary sewer district as identified in the City's Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing trunk sanitary sewer to the MCES Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. The city -owned downstream facilities have sufficient capacity to serve the proposed residential subdivision. Development of Stone Borough Fifth Addition includes the extension of public sanitary sewer following the proposed right -of -way for Hyalite Drive and connection to an existing 8 -inch sanitary sewer located within Hytrail Circle. The proposed sanitary sewer layout is in accordance with the City's Comprehensive Sanitary Sewer Plan. Final locations and sizes of all sanitary sewer will be reviewed by City Staff with the final construction plans. The sanitary sewer trunk area charge for the Stone Borough Fifth Addition plat has been paid. WATERMAIN Development of Stone Borough Fifth Addition includes the extension of a public watermain following the proposed right -of -way for Hyalite Drive and connection to an existing 8 -inch watermain located within Hytrail Circle. The proposed watermain layout is in accordance with the City's Comprehensive Water Plan. Final locations and sizes of all watermain facilities will be reviewed by City Staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Stone Borough Fifth Addition will not be permitted until the as -built electronic files have been submitted and approved by City staff. DRAINAGE AND GRADING Stone Borough Fifth Addition lies within Subdistricts SC -17 and SC -18 of the South Creek Drainage District, as identified in the City's Water Resources Management Plan. Runoff generated from within the site will be conveyed via storm sewer and overland flow to the existing stormwater treatment and infiltration basin and eventually discharging into South Creek. The stormwater treatment basin and infiltration basin were constructed with previous phase improvements. The final grading plan must identify all fill lots in which the building footings will be placed on fill material. The grading specifications must also indicate that all STONE BOROUGH FIFTH ADDITION 7UNE 13, 2012 PAGE 4 OF 7 embankments meet FHA /HUD 79G specifications. The developer must certify to the City that all lots with footings placed on fill are appropriately constructed. Building permits for Stone Borough Fifth Addition shall not be issued until a certified grading plan has been submitted and approved. 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. STORM SEWER Storm water runoff from the public right -of -way and Tots constructed with the Stone Borough Fifth Addition final plat will be conveyed via extensions of existing public storm sewer facilities and directed to storm sewer treatment facilities previously designed and constructed to accommodate the runoff in conjunction with previous phases of the Stone Borough subdivisions. Final storm sewer locations and sizes will be reviewed by City Staff with the final construction plans. Drain tile service connections are required on all Tots as shown on the plans and in all areas of non - granular soils. 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 shall be paid in cash at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows: 194,713.20 s.f. x $0.167/s.f. = $32,517.10 Gross Area of Stone Area Charge Total Borough Fifth Addition WETLANDS There are no wetland impacts associated with Stone Borough Fifth Addition. TREE PRESERVATION The site was previously graded; no additional trees will be impacted. EROSION CONTROL STONE BOROUGH FIFTH ADDITION JUNE 13,2012 PAGE 5 OF 7 The developer is responsible for acquiring or revising the SWPPP for the site. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water Conservation District. Additional measures shall be installed and maintained by the Developer. SOUTH CREEK STORMWATER DISTRICT The site falls within the South Creek Stormwater District and is subject to the requirements of the South Creek Management Plan. The infiltration basin was installed with the first phase and meets the requirement of containing 1 inches of runoff from the impervious area within the development. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer - installed improvements relating to Stone Borough Fifth Addition. The construction costs are based upon estimates submitted by the Developer's engineer on June 11, 2012. CONSTRUCTION COSTS Sanitary Sewer $ 31,532.00 Watermain 31,770.00 Storm Sewer 13,722.00 Street Construction 49,350.00 Site Grading, Erosion Control, Restoration and 7,500.00 Grading Certification SUBTOTAL - CONSTRUCTION COSTS $ 132,874.00 OTHER COSTS Developer's Design (6.0 %) Developer's Construction Survey (2.5 %) City's Legal Expense (0.5 %) City Construction Observation (7.0 %) Developer's Record Drawing (0.5 %) Lot Corners Streetlights SUBTOTAL - OTHER COSTS $ 7,732.44 3,221.85 644.37 9,021.18 644.37 1,600.00 2,700.00 $ 25,564.21 TOTAL PROJECT SECURITIES $ 159,438.21 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 and outlot for a total of $1,600.00. The City shall hold this security until the Developer's land STONE BOROUGH FIFTH ADDITION JUNE 13, 2012 PAGE 6 OF 7 surveyor certifies that all irons have been placed following site grading, street and utility construction. The streetlight security totals $2,700.00, which consists of three post top streetlights on Hyalite Drive. CASH FEES The Park Dedication requirement for Stone Borough Fifth Addition was satisfied through land dedication provided with previous phases. A cash fee for traffic control signs is due with this addition. Street signing consists of two stop /street signs for a total of $1,030.00. If the street signs are installed during frost conditions, the developer shall pay an additional $150.00 for each street sign location. The cash fee for one -year of streetlight operating expenses was paid in previous phases. The cash fee for one -year of surface water management expenses was paid in previous phases. A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid with the final plat and is calculated as follows: 16 lots and outlots x $75.00 /unit = $1,200.00 Lots and Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file. The Developer shall also pay a cash fee for City Engineering Administration. The Developer has elected to provide a Letter of Credit as security for the Developer - installed improvements. The fee for City Engineering Administration will be based on three percent (3.00 %) of the estimated construction cost, or $3,866.22. CASH REQUIREMENTS Trunk Storm Sewer Area Charge Street Signs City Base Map Updating Fee City Engineering Administration (3.00 %) TOTAL CASH REQUIREMENT $32,517.10 1,030.00 1,200.00 3,866.22 $ 38,613.32 STONE BOROUGH FIFTH ADDITION 3UNE 13, 2012 PAGE 7 OF 7 RECOMMENDATION Engineering recommends approval of the final plat, grading plan and utility plan for Stone Borough Fifth Addition, subject to the comments within this report.