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HomeMy WebLinkAboutItem 06.cSeptember 14, 2012 Item No. Proposed Action Staff recommends adoption of the following motion: move to approve a resolution approving the final plat of Jamesdale Estates 3r Addition. Adoption of this motion will allow the development of 17 single family lots within the Jamesdale Estates subdivision. Overview Tradition Development, LLC has submitted a final plat application for the development of 15.40 acres located north of 170` Street at Eventide Way. The development is proposed to have 17 single family lots and one outlot and will be the third addition of the Jamesdale Estates development. The Jamesdale Estates preliminary plat of 74 single family lots was approved by the City Council on August 21, 2006. The Jamesdale Estates 3rd Addition final plat is consistent with the approved preliminary plat. Staff recommends approval of the Jamesdale Estate 3 Addition final plat as outlined in the attached planning and engineering reports. Primary Issues to Consider • None. Supporting Information • Resolution approving the Jamesdale Estates 3 Addition final plat. • Signed development contract. • August 30, 2012 Planning Report. • August 30, 2012 Engineering Report. "Ai&Air 111 IIy uennen, AICP Associate Planner JAMESDALE ESTATES 3 ADDITION FINAL PLAT SEPTEMBER 17, 2012 CITY COUNCIL MEETING Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Subdivision and Zoning Ordinances Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF JAMESDALE ESTATES 3rd ADDITION WHEREAS, the owner of the plat described as Jamesdale Estates 3rd 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 City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The final plat of Jamesdale Estates 3 Addition is hereby approved. 2. The Mayor and City Clerk are hereby directed to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. APPROVED AND ADOPTED this 17 day of September, 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 17 day of September, 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) JAMESDALE ESTATES 3 RD ADDITION AGREEMENT dated , 2012, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City"), and TRADITION DEVELOPMENT CORP., a Minnesota corporation (the "Developer "). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for JAMESDALE ESTATES 3 RD 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 C, Jamesdale Estates 1 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 166218v2 1 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 lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For 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, C, and F 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 166218v2 2 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 - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - 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 166218v2 3 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 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 166218v2 4 D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits 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, 2013, 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 166218v2 5 operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City's current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except one model home permit on a lot acceptable to the Building Official), the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas /stockpiles, and installed "conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3 -5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The 166218v2 6 Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as -built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as -built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, 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. 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 166218v2 7 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. DRAINAGE AND GRADING. Jamesdale Estates 3 Addition is located within subdistrict NC -17 of the North Creek drainage district as identified in the City's Water Resources Management Plan. Jamesdale Estates 3 Addition was previously mass graded with Jamesdale Estates 1St Addition improvements. The Developer is eligible for a credit to the cash fees for the excavation of regional infiltration basin NC -17 -1 as identified in the Jamesdale Estates 1 Addition Development Contract. The credit will be the excavation cost of $0.50 /cubic yard for the prorated portion of the 9.31 acre -feet of live storage volume provided in Outlot A, Jamesdale Estates 1St Addition. The credit of $1,725.29 will be applied to the Jamesdale Estates 3` Addition final plat cash fees and is calculated as follows: 9.31 ac -ft x 43,560 sf /ac x $0.50/cy x 17 (3 Addition Lots) = $1,725.29 27 cf /cy 74 (Total Lots) 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, except for one (1) model home permit, shall not be issued until an as -built certified grading plan, including the buffer yard berm and the stormwater and regional infiltration basins, has 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. 166218v2 8 20. STORM SEWER AREA CHARGE. Development of Jamesdale Estates 3 Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right -of -way and lots to the existing public stormwater basin centrally located within the site (Outlot A, Jamesdale Estates 1 Addition). The trunk storm sewer area charge has not been collected on the parent parcel and must be paid at the time of final plat approval. The trunk storm sewer area charge is calculated as follows: 289,108 s.f. x $0.167/s.f. = $48,281.04 Net Area of Jamesdale Area Charge Total Estates 3 Addition The Developer will receive a credit to the Trunk Storm Sewer Area Charge for Regional Infiltration Basin Excavation (Outlot A, Jamesdale Estates 1 Addition). The $1,725.29 credit will be applied to Jamesdale Estates 3 Addition final plat cash fees. The balance due the City for Trunk Storm Sewer Area Charge for Jamesdale Estates 3 Addition is calculated as follows: Trunk Storm Sewer Area Charge Less Credit for Regional Infiltration Basin Balance Due Final locations and sizes of all storm sewer facilities must be reviewed by City staff with the final construction plans. 21. SANITARY SEWER AVAILABILITY CHARGE. Development of Jamesdale Estates 3rd Addition includes the construction of public sanitary sewer. Eight inch sanitary sewer will be extended within the subdivision from existing sanitary sewer stubs to provide service to the proposed lots. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and must be paid with the final plat. The Sanitary Sewer Availability Charge is calculated as follows: 17 units x $307.00 /dwelling unit = $5,219.00 Single- Family Dwelling Units Charge Rate Total 166218v2 9 $ 48,281.04 ( -) 1,725.29 = $ 46,555.75 22. WATERMAIN. Development of Jamesdale Estates 3 Addition includes the construction of public watermain. Eight inch watermain will be extended within the subdivision from existing watermain stubs to provide service to the proposed lots. Final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Jamesdale Estates 3 Addition shall not be permitted until the as -build electronic files have been submitted and approved by City staff. 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to Eventide Way via 170` Street. 24. PARK DEDICATION, TRAILS AND SIDEWALKS. Development of Jamesdale Estates 3rd Addition will not require public trail construction. The City's Parks, Trails and Open Space Plan does not designate any area within Jamesdale Estates 3 Addition as future park land. Development of Jamesdale Estates 3` Addition includes the construction of five foot wide concrete sidewalks to be constructed on the west side of Eventide Way and the south side of 169 Street. The park dedication requirement has not been collected on the parent parcel 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: 17 single family dwelling units x $3,532.00/unit = $60,044.00 The park dedication fee must be submitted to the City prior to release of the final plat mylars. 25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs in the amount of $1,100.00 must be paid at the time of final plat approval, which includes one street/stop sign, one stop sign and four end -of -road object marker signs and one future street connection sign. 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: 17 dwelling units x $7.65/unit/qtr. x 4 qtrs. = $520.20 166218v2 10 26. 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: 17 dwelling units x $7.00/unit/qtr. x 4 qtrs. = $476.00 27. 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 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. 28. TREE PRESERVATION. The Jamesdale Estates 3 Addition final plat has been previously graded and there are no "save" significant trees within the plat. 29. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: 166218v2 11 A. Implementation of the recommendations listed in the August 30, 2012, engineering report. B. Jamesdale Estates 3rd Addition development must comply with the following building setback requirements: Front Yard Rear Yard Side Yard Corner Side Yard 166218v2 12 30 feet 30 feet 10 feet 20 feet 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 $1,800.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 18 lots /outlots at $100.00 per lot/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. 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/outlot for a total charge of $1,350.00. E. 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 light installation consistent with the approved plan. The estimated amount of this security is $3,600.00 and consists of four post -top streetlights at $900.00 each. F. 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. 30. 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 $396,800.39, plus a cash fee of $10,078.98 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $ 51,556.40 B. Watermain 87,615.00 C. Storm Sewer 46,349.50 D. Streets 138,145.10 E. Site Grading, Erosion Control, Restoration and Grading Certification 12,300.00 CONSTRUCTION SUB -TOTAL $ 335,966.00 OTHER COSTS: A. Developer's Design (6.0 %) $ 20,157.96 B. Developer's Construction Survey (2.5 %) 8,399.15 C. City Legal Expenses (Est. 0.5 %) 1,679.83 D. City Construction Observation (Est. 7.0 %) 23,517.62 E. Developer's Record Drawings (0.5 %) 1,679.83 F. Lot Corners 1,800.00 G. Street Lights 3,600.00 OTHER COSTS SUB -TOTAL $ 60,834.39 TOTAL SECURITIES: $ 396,800.39 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 166218v2 13 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 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. 31. 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. Park Dedication Fee B. Sanitary Sewer Availability Charge C. Trunk Storm Sewer Area Charge D. Traffic Control Signs E. Streetlight Operating Fee F. Surface Water Management Fee G. City Base Map Updating Fee H. City Engineering Administration (3% for letters of credit or 3.25% for alternate disbursement) SUB -TOTAL - CASH REQUIREMENTS CREDITS TO CASH REQUIREMENTS: Trunk Storm Sewer Credit (Regional Infiltration Basin Excavation) SUB -TOTAL — CREDITS TO CASH REQUIREMENTS 166218v2 14 60,044.00 5,219.00 48,281.04 1,100.00 520.20 476.00 1,350.00 10,078.98 $ 127,069.22 $ 1,725.29 $ 1,725.29 TOTAL CASH REQUIREMENTS $ 125,343.93 32. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty-five percent (25 %) of final certified construction costs to secure the warranties. The City shall retain ten percent (10 %) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City's standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 33. 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 attomeys' fees. 166218v2 15 D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18 %) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. 34. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not Tess than forty -eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 35. 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. 166218v2 16 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 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 166218v2 17 there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. The Developer and contractor shall acquire public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. The insurance must be maintained until six (6) months after the City has accepted the public improvements. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not Tess 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 166218v2 18 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. 36. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 16972 Brandtjen Farm Drive, Lakeville, Minnesota 55044. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. 166218v2 [The remainder of this page has been intentionally left blank. Signature pages follow.] 19 (SEAL) STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) 166218v2 20 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 SUSAN K BREW Notary Public State of Minnesota My Commission Expires January 31, 2017 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:srn DEVELOPER: TRADITION D BY: 166218v2 21 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this /�i day of SEPTEfRE, , 2012, by • 1 fle� -,6' 4 &4K the P /ES /I7EAJ T of Tradition Development Corp., a Minnesota corporation, on behalf of the corporation. NOTARY PUBLIC STATE OF MINNESOTA COUNTY OF DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651- 452 -5000 RNK:cjh s s. MORTGAGE CONSENT TO DEVELOPMENT CONTRACT BRIDGEWATER BANK, a Minnesota banking corporation, which holds two mortgages 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 mortgages. Dated this day of , 2012. BRIDGEWATER BANK BY: Its AND Its The foregoing instrument was acknowledged before me this day of 2012, by and the and of Bridgewater Bank, a Minnesota banking corporation, on its behalf. NOTARY PUBLIC 166218v2 22 Memorandum To: Daryl Morey, Planning Director From: Allyn Kuennen, AICP, Associate Planner Date: August 30, 2012. Subject: Packet Material for the September 17, 2012 City Council Meeting. Agenda Item: Jamesdale Estates 3rd Addition Final Plat BACKGROUND INFORMATION: Tradition Development, LLC has submitted a final plat application for the development of approximately 15.40 acres located north of 170 Street at Eventide Way. The final plat includes 17 single family lots and one outlot and will be the third addition of the Jamesdale Estates development. The Jamesdale Estates preliminary plat of 74 single family Tots was approved by the City Council on August 21, 2006. The Jamesdale Estates 3 Addition final plat plans have been distributed to the Engineering Department for their review and comment. The following exhibits are attached for your review: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: PROJECT ANALYSIS: Location /Zoning Map Approved Preliminary Plat Final Plat Utility Construction Plans Street Construction Plans Grading Plans Tree Inventory Plan 1 City of Lakeville Planning Department Existing Conditions. The area within the Jamesdale Estates 3 Addition was previously used for agricultural farming, but was mass graded with the development of the first addition. There are no existing structures to be removed from the site. Zoning. The zoning of the property RS -3, Single Family Residential District. Surrounding Land Uses. The table below identifies planned and existing uses adjacent to the proposed development: North — Fieldstone Creek development (RS -3). East — Tullamore development (RS -3). South — 170 Street, Quail Meadows development (RS -2). West — Harris Acres 3rd development (RS -2). Consistency with the Approved Preliminary Plat. The submitted final plat plans are consistent with the approved preliminary plat plans and meet all the minimum standards of the Zoning and Subdivision Ordinances. Density. The gross area of the final plat is approximately 15.40 acres. The net developable area of the final plat after taking out right -of -way and outlots is 4.78 acres with a net density of 3.55 units per acre. Lots. All lots meet the minimum lot size requirements of the RS -3 District. The minimum standards are: Lot Area: Lot Width: Front Yard: Rear Yard: Side Yard: Corner Side Yard: 11,000 sq. ft. 85 feet Corner Lot Area: 12,500 sq. ft Corner Lot Width: 100 feet Outlots. The Jamesdale Estates 3 Addition final plat includes one outlot. Outlot A is approximately 8.76 acres and will be retained by the developer to be final platted as single family lots in the future. Phasing. A phasing plan was submitted with the preliminary plat. Jamesdale Estates 3 Addition is consistent with the approved phasing plan. Twenty single family lots remain to be final platted in the future. Setbacks. Setback requirements for lots in the RS -3 District are outlined below: 30 feet 30 feet 10 feet 20 feet The building pads shown on the final plat plans meet the minimum RS -3 District setback requirements. Streets & Right -of -Way. Jamesdale Estates 3 Addition is located adjacent to 169 Street and Eventide Way. Eventide Way is classified as a local street and will be extended north from its current terminus in Jamesdale Estates 1 Addition and connect to Eventide Way that was previously constructed within the Fieldstone Creek plat to the north. Eventide Way will have a 32 foot wide pavement within a 60 foot wide right of way consistent with the existing street sections. 169 Street is classified as a local street that will connect with 169 Street in the adjacent Tullamore development to the east and with 169th Street in the Jamesdale Estates 2nd addition when Outlot A is final platted into Tots and blocks. 169 Street will have a 32 foot wide pavement within a 60 foot right of way. A temporary turnaround within a temporary easement within Outlot A is required on the west end of 169th Street until the street is extended in the future. 2 Landscape Plan. A comprehensive landscape plan for the entire Jamesdale Estates development was submitted with the preliminary plat. The Jamesdale Estates 3rd addition does not include any required landscaping. Sidewalks. A five -foot wide concrete sidewalk will be constructed on the west side of Eventide Way and the south side of 169 Street. All sidewalks will be paid for and constructed by the developer. Trails. No additional trail construction is required within the third addition plat. Park Dedication. The City's Comprehensive Park Plan does not identify any park land needs in the area of the subject site. Therefore, park dedication requirements are to be satisfied as a cash fee in lieu of land as required by Section 10 -4 -8 of the Subdivision Ordinance. A park dedication fee of $3,532 per unit for a total of $60,044 will be required to be paid in lieu of dedicating park land prior to the release of the final plat mylars. Grading, Drainage and Erosion Control. Grading, drainage and erosion control plans have been submitted with the Jamesdale Estates 3 Addition final plat. The plans have been reviewed by the Engineering Department and their analysis is summarized in the attached Engineering Report dated August 30, 2012. Wetlands. The final plat does not contain any wetland areas. Tree Preservation. A comprehensive tree inventory for the Jamesdale Estates development was completed with the first addition. The tree inventory identified 101 significant trees within the preliminary plat boundaries. All 101 significant trees were proposed to be removed to accommodate site grading and pond construction. The site was mass graded with the first addition and all tree removal was completed as approved. No additional tree removal is proposed with the third addition. Easements. The final plat illustrates perimeter easements for all lots as required by Section 10 -4 -4.A of the Subdivision Ordinance. Overhead Utilities. No overhead utilities are required to be buried within the third addition. Subdivision Identification Sign. The developer is not proposing the installation of subdivision identification signs within the final plat. RECOMMENDATION: The Jamesdale Estates 3 Addition final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Staff recommends approval of the Jamesdale Estates 3 Addition final plat subject to the following stipulations: 1. The recommendations outlined in the August 30, 2012 Engineering Report. 2. A temporary turnaround within a temporary easement is required on the west end of 169 Street until the street is extended in the future. 3 3. Park dedication requirements are to be satisfied as a cash fee in lieu of land equal to $60,044 as required by Section 10 -4 -8 of the Subdivision Ordinance. The park dedication amount must be submitted prior to the release of the final plat mylars. 4. A five foot wide concrete sidewalk must be installed on the south side of 169 Street and on the west side of Eventide Way. The developer is responsible for the construction and cost of installing the sidewalks. 5. The following building setbacks are required for Jamesdale Estates 3 rd Addition: Front Yard: Rear Yard: Side Yard: Corner Side Yard: 30 feet 30 feet 10 feet 20 feet 4 Jamesdale Estates 3rd Addition 1 I PS -3, S ngle Family Residential City of Lakeville Location & Zoning Map Jamesdale Estates 3rd Addition Final Plat N A M m Q cn 0 EXHIBIT A rn m m m m rn m mm rm m m m 01 m mm m m ? < ' < ' < X X X X X X X X X X X X X X X X X V) K> N C C 0 g 0 m m 7,1 m r 2 O f 2 f. r $$ - r- Zr' V S rf, f Z(mjo Am AOm r m 1 OS m -� 2 0 _ m 070 000m A- A A my) m X D 0 U O A n 0 ) 0 n A Ca) A D Z 4 70 2 rn m O Z Z W W m O A r � O 0 m - 01 A A m is m oo z z"z zCm 0 0 0 omrocr r x Pc I - X A X X r m m m A A V/ , , 2 < rn m A rlm> > CA,L( vm: 3. 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C SDR 3 .' wA a* lqIIMMUIUMI 7Ni L L oT `t^ J 1 J r 01 r -- J L v J� L W N O N O] V O) P' A W N X) D 1 D m - Oi - R°0ND D D E m 0 00N Ot O� ms�Fo o 1 0 F F D c �� o m �1D �'] r�* R' m m DZ A z —I xoox �- AiEx.±nm m -1 A m AzD ( 5 '7 n N o m A D ?I D� AO < O Z �f 6 S N Z2 m � Z A sm � p �M [ N a r 7• F A y A N (' � D 13 Z �' O Z A m c N M O Z O m c-0 ym � �v 'AM F 00 m� �j y am 0 0 �m 5�= A zZ D F i > ? rnd z cn m < n < C ch to = m O r= D H mOy M co . m D Ex, m V O c - ( m n Z C O O M C o t�*t z m Z F z r O r N O N p m D 0 r y O (.7) A j D O m A D O O Z r m m A N N ^A . .1C) O m co z cO(nAr0 cm ; - a �-i m D = Q00 -1 rU mA� D m o m v c cn om cn p F m N z A z 2 A . D v0 (n m o m z z y -1 < I— O N 0 0 z 2 '1 O 00 00 O si 0 .. 0 Ln 0 O O :O 'CD N N Gl i .O .01 .O WM X -ING SAN 0 WM X -ING SAN X -ING • ® W 000 H N .. °z. - s • A WM •X -ING SAN X -ING° SAN X -1NG Jr- WM X -ING '\r A 3 0 • O 71 G x :(D :CO N iv (J 0 •U1 :O INV 921.30 -5 INV 921.55 INV 920.55 -W BLD 5.45': v INV: 0 •INV: xo$ INV: Q,u) m N BLD: o 0 uu- CBMH -202 RE .928.30 INV 923.54 -N &E BLD .4.79' 14 .. . • INV 924.82 -E INV 924.17 -S INV 923.92 -W BLD 4.22' CBMH -204 RE 929.94 INV 926.32 -S &NE INV 926.07 -W • •' BLD •3.87' O 0 m 0 O INV: 924.47 -N • "BLD; 3.67' CBMH- MH -20 INV: 921.30 -S INV: 921.55 -N INV:. 920.55 -W BLD: 5.45 924.82 -E • 924.17 r5 .: 923.92 -W 4.22' .00 INV: 922.67 -E &S BLD: H -205 INV 926.86 -E &SW • BLD 4.29' 206 ' • RE 931.15. ' INV 927.45 -W • BLD 3.69'• CBMH -20 RE: 929.94 • NV: 925.32. --$ &NE INV: 926.07 -W BLD: 3.57' • CBMH -207 E: 929.94 . INV: 926.62 - N &SE BLD. .3.32' CBMH - RE: 9 INV: 927.16 -E &NW BLD: 4.13 RE: 931.29 INV: 927.76 - W BLD: 3,53' . to U1 O CA rn arm 0Z c O To Z • m V) 0 m e m m 5m E o ° o a Z O O a O N Z m ; 0 P1 C) m 0 z 0 O n x 9k 12 CB 302 - - c m z RE: 933.10 °o °� ° moo INV: 928.76 -E &W -1ZOO Zoo BLD: 4.34' ��D 8 Z0 D CB =303 P �cm • °:lcm RE II 0 LI 0 -I 5 RE: 933.10 S"a3 Ps. r �N II 0 z z -1= J - m >> z z v , I J I 4 1 I • I ® o , � I i!.. , 1 I I I I --•-..- ' , - 7 - 1 1 1 1 -- 1•1 .• r CO 1 ;E Iv Is0 1 N 1 1 o �o 0 U °8 P -"'''' I I m_ - - 1 -- m I v I � 4 i I I 1 "J �rMIE mmitrwraigrAimmuilm ■0 • rarA Imo„ ,. I TI D .... �'� ► ,_ -1 rill 1 I� '' 11=1•1111111111111111 CA T1-- 1 N 1 - - - - ter "" 1 II , ; i , - - - x .. h ,• 1 1 AY 1 � S• I P. IS I 1 FUTURE PHASE r - PRASE - S - - - 7 1 A W N V. z .ZI Z .T1 m > .� c r p8p-1% r rO ° z x c7 = r °� FeAg �o $ FN m ew NN m w. ocv m Z a yzl m z m ! m z$G z< °M F =m � m 138 x $ °- gy m ^' vEai y m z 0m cm r � :0 <� � Z Z m9m in I I ° 0 om0 A 0W 0 J `O< 1 m Fv 1 0 0 -u < �A cmmz mm zf5* • _ a y = < O c m 6a 0 ° N O r v O o -° z ti F 2 J -s - n • w IA 0 + 0 0. • 0 0 + BEGIN CONSTRUCTION 0 STA: 4 +52.96 EL 933.75 0 + O co O 0 0 0 m O m + O +: 0 . 0 0 0 0 + 0 0 0 + O + 8 N + 0 8 :CD CD 0 01 0 01 O • Cn END CONSTRUCTION STA: 13+19.61 EL 927.06 •CD co N N O CT I PVC; 12 +69.57 EL: 928.72 PVT. 3. +75 EL: 934.76 PVC:.4 +60 EL: 933.65 PVT: 5 +10 EL: 932.70 PVC: 5+12.50 EL 932:64 PVT: 6 +67.50 • EL: 932 :67 PVC: 6 +75 EL: 932.86 PVT: 7 +25 0: EL: 933.75 PVC: 7 +50 EL: 934.00 PVC: 8 +50 EL: 934.00 PVT: 9 +50 EL: 934.00 PVC: 10 +25 EL: 934.75 PVT: 11 +75 EL: 932.50 O 8 8' _ 934.17 x m xom 934.64 11 m• < D 8 D m 934.94 < A. ,> CO II . o 0N(N+ II• a W 0 0+ W 935.05 • $• �' 934.99- 0 6 5 s m n u u 1 D m N N+ o u uo v N 1 " m o 0 CO LO (0 (0 O s .0 {�It • o 0 O 934.76 • 934.43 • 934.11 • 933.78. 933.43. 932.94 932.35 5 5 g x o m 0 O 11 11 < D qr a II it NI co U 4 + • (0 o 0 933.75 0 931.93 931.71 931.70 931.89 932.26 932.86 933.40 934.00 934.19 934.25 934.19 934.OQ 933.81 933.75 M 933.81: 934.00 934.25 934.50 934.75 934.90 934.83 934.56 934.08& 933.40 932.50 • 931.50 • 930.50 929.50 928.51 927.63. 926.92 926.39 926.02 925.83. 925.81 925.96 • 926.28. 926.78. 927.44 1 v II O y O A A m o ms Am 0 OW MM D � Sz 0 v II I 0 0 0 M c C O Z C D CO W Fn F < O m N c 0 0 0 m 0 N L 1 V Etd_ _ xo£'9 r 11 -12 8 L £ 3SVI4d - 64'0£ 00 +i 'B•0 0 mo zAI 03R- 33> 0 0 mm 8 8 ✓ 4M D J v (a .0 r____ .1 r -- 1' II J • N 1" • 4 5 U o• 0 0 0 0 N + 0 N + 0 0 0 0 + 0 + O 0 + 0 W 0 w 0 O U1 END CONSTRUCTION STA: 11 +19:42 EL: 929.11 CL EVENTIDE WAY STA: 12 +96.39 EL: 931,68 END CONSTRUCTION STA: 1 +79.72 • EL 925.84 0 . 11 I• 1 ko c O U1 p {11 O s , 0 PVC= 10 +50 EL= 931.05 PVC PVT: 2 +15 EL 925 91 .PVT= 10 +40 EL= 931 46: PVT= 12 +50 EL- 930.20 tL= VJJ.40 PVC: 01-10 EL: 931.38 '0 +60' EL: 929.30 N 0 0 5 v o v . ro x omNyz 929.03 A < . 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II 7 ' % um e A N I CrJ Z I CJ/1i il��av ■ Irill ' �e ��ln ..1 oaa�/ Fi a 1;1;1, r I1 I I I I II I I J 1 / ;I; 1 / /IIjII jl I I II I 1 , llII;; �9i \; I , I ; l w ! l I IIII I 1! d•.+•� i ;_■ iipa ii �ilY I 1�.rr ' I , 161�J / ► /� I M� -i C t+• .191 ■■ Ill II r. A - ��0 \��' -l.\ i ll !� J � .I IIIIlI II J ..._.,.,, , 1 l ��r _ — =\ i` —m IM ....—"vill %ICI '�r..0 i i• I 4wr C I TRADITION DEVELOPMENT CORP. 6800 FRANCE AVE S STE 178 EDINA, MINNESOTA 55435 polio 1. ltAill,iln‘ -_, - \ -- ,..v.--. C k /\ 7�s 11 6' i��,i� r► Q f ti I1�IIl1� p,1 i \ -.=-_-,--„,.., '\------ - y \ \ �� �r r�� r r r illai �� iall =him I - - - / s -- -- N = / M L ---ems 111 .. * ..r - _\- --rz � I - -_ ___ \ ----- �/ � I � x / I II 1 I II J // %' 1 te n / I I JAMESDALE ESTATES LAKEVILLE, MINNESOTA . —o m a ro s n cn a ` z CI 111 ■ � • • = CD o A 1 0 - 1 0 1 s D m N C m rn N o m C > 0 m f1 0 0 — 1 `k71 ° o > >--- --- -- y M -- i D A m 0 0 o J TR 1 of 1 z a r E m OF Memorandum City of Lakeville Public Works— Engineering Division To: Allyn Kuennen, Associate Planner From: Mark DuChene, Development Design Engineer N■p Mac Cafferty, Environmental Resources Manager Copy: Zachary V. Johnson, City Engineer Gene Abbott, Building Official Dennis Feller, Finance Director John Hennen, Interim Parks and Recreation Director Date: August 30, 2012 Subject: Jamesdale Estates 3rd Addition • Final Plat Review • Tree Preservation Plan Review • Erosion Control Plan Review • Grading Plan Review • Utility Plan Review BACKGROUND Tradition Development Corp. has submitted a final plat named Jamesdale Estates 3rd Addition. The proposed residential subdivision is the third phase of the Jamesdale Estates preliminary plat that was approved by the City Council on August 21, 2006. The proposed subdivision is located north of 170 Street, west of Pilot Knob Road (CSAH- 31) and east of Flagstaff Avenue. The parent parcel consists of Outlot C, Jamesdale Estates 1 Addition and is zoned RS -3, Single Family Residential District. The final plat consists of seventeen (17) single - family lots and one (1) outlot on 15.41 acres. The outlot created with the final plat will have the following use: Outlot A: Future residential development; to be retained by the Developer (8.77 acres) SITE CONDITIONS The Jamesdale Estates 3rd Addition site consists of vacant, undeveloped and that was previously mass graded with Jamesdale Estates 1 Addition improvements. Jamesdale Estates 3rd Addition August 30, 2012 Page 2 of 8 STREET AND SITE LAYOUT 169 Street Development of Jamesdale Estates 3rd Addition includes the construction of 169 Street, a local street that connects to the Tullamore development. 169 Street is designed as a 32 -foot wide, two -lane urban street with a 5 -foot concrete sidewalk along the south side to match the sidewalk layout in Tullamore. The Developer is dedicating 60 feet of right -of -way. A "Future Street Extension" sign and barricades must be placed at the west end of 169 Street until the street is extended in the future. A temporary cul -de -sac must be constructed at the west end of 169 Street and must be paved within one year if the street is not extended. Consistent with the design of the 169 Street on the Tullamore development, no driveway access will be allowed onto 169 Street between its intersection with Eventide Way and the eastern plat boundary. This section of 169 Street shall be constructed with B618 curb and gutter. Eventide Way Development of Jamesdale Estates 3rd Addition includes the extension of Eventide Way, a local street. Eventide Way will connect the Jamesdale Estates and Fieldstone Creek developments. Eventide Way is designed as a 32 -foot wide urban street with a 5 -foot wide concrete sidewalk along the west side. The Developer is dedicating 60 feet of right -of -way, as shown on the plat, to satisfy the right -of -way requirement for a local street. 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 Jamesdale Estates 3 Addition shall not be issued until the concrete curb and gutter and bituminous base pavement have been installed. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction is restricted to Eventide Way via 170 Street. PARKS AND TRAILS Development of Jamesdale Estates 3rd Addition will not require public trail construction. The City's Parks, Trails and Open Space Plan does not designate any area within the proposed plat as future park land. The Park Dedication requirement has not been collected on the parent parcel and will be satisfied through a cash contribution that must be paid with the final plat. The Park Dedication fee is calculated as follows: Jamesdale Estates 3rd Addition August 30, 2012 Page 3 of 8 UTILITIES 17 units x $3,532.00 /unit = $60,044.00 Single - Family Dwelling Units Park Dedication Fee Rate Total Sanitary Sewer Jamesdale Estates 3 Addition is located within subdistrict NC -20126 of the North Creek sanitary sewer district as identified in the City's Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing public sanitary sewer to the MCES Lakeville Interceptor and continue to the Empire Wastewater Treatment Facility. The existing City -owned downstream facilities have sufficient capacity to serve the proposed residential development. Development of Jamesdale Estates 3 Addition includes public sanitary sewer construction. 8 -inch sanitary sewer will be extended within the subdivision from existing sanitary sewer stubs to provide service to the proposed lots. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and must be paid with the final plat. The Sanitary Sewer Availability Charge is calculated as follows: 17 units x $307.00 /dwelling unit = $5,219.00 Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total Watermain Development of Jamesdale Estates 3 Addition includes public watermain construction. 8 -inch watermain will be extended within the subdivision from existing watermain stubs to provide service to the proposed lots. Final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Jamesdale Estates 3 Addition shall not be permitted until the as -built electronic files have been submitted and approved by City staff. DRAINAGE AND GRADING Jamesdale Estates 3 Addition is located within subdistrict NC -17 of the North Creek drainage district as identified in the City's Water Resources Management Plan. The site was previously mass graded with Jamesdale Estates 1 Addition improvements. Development of Jamesdale Estates 3 Addition will not require public stormwater or infiltration basin construction as the contributing drainage area generated from within the site was incorporated into the design of the Jamesdale Estates stormwater Jamesdale Estates 3rd Addition August 30, 2012 Page 4 of 8 management system. Stormwater runoff generated from within the site will be conveyed via public storm sewer to an existing public stormwater basin before eventually discharging into an adjacent, existing public regional infiltration basin (both located within Outlot A, Jamesdale Estates). The Developer has submitted a sketch and description to establish a temporary public drainage and utility easement across Outlot A, Jamesdale Estates 3rd Addition for the conveyance of the stormwater runoff. The easement will be recorded with the final plat. As stated above, Jamesdale Estates 3 Addition is tributary to public regional infiltration basin NC -17 -1. The regional basin was a collaborative project between the development of Jamesdale Estates, Fieldstone Creek and Tullamore developments and is substantially completed with the recent Tullamore construction. The Developer must complete the basin excavation, including submittal of a final as -built grading plan for any additional basin excavations, with the Jamesdale Estates 3rd Addition. The emergency overflow for the entire area south of Dodd Boulevard, west of Pilot Knob Road and east of the existing Dodd Valley Estates and Harris Acres developments is southerly across 170 Street, near North Trail Elementary School. The Developer is eligible for a credit to the cash fees for the excavation of regional infiltration basin NC -17 -1 as identified in the Jamesdale Estates 1 Addition Development Contract. The credit will be the excavation cost of $0.50 /cubic yard for the prorated portion of the 9.31 acre -feet of live storage volume provided in Outlot a, Jamesdale Estates 1 Addition. The credit of $1,725.29 will be applied to the Jamesdale Estates 3rd Addition final plat cash fees and is calculated as follows: 9.31 ac -ft x 43,560 sf /ac x $0.50/cy x 17 (3 Addition Lots) = $1,725.29 27 cf /cy 74 (Total Lots) The final grading plan must identify all fill Tots 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, except for one (1) model home permit, shall not be issued until an as -built certified grading plan, including the buffer yard berm and the stormwater and regional infiltration basins, has 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. STORM SEWER Development of Jamesdale Estates 3rd Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey Jamesdale Estates 3rd Addition August 30, 2012 Page 5 of 8 stormwater runoff generated from within the public right -of -way and Tots to the existing public stormwater basin centrally located within the site (Outlot A, Jamesdale Estates 1 Addition). The public storm sewer will be located within public right -of -way and public drainage and utility easements, as depicted on the Jamesdale Estates 3rd Addition plat. Draintile construction is required in areas of non - granular soils within Jamesdale Estates 3rd Addition for the street sub -cuts and all 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 must be paid with the final plat. The Trunk Storm Sewer Area Charge is calculated as follows: 289,108 s.f. x $0.167/s.f. = $48,281.04 Net Area of Jamesdale Area Charge Total Estates 3 Addition The balance due the City for Trunk Storm Sewer Area Charge is calculated as follows: • Trunk Storm Sewer Area Charge $48,281.04 • Less Credit for Regional Infiltration Basin Excavation ( -) 1,725.29 (Outlot A, Jamesdale Estates 1 Addition - PRORATED) • Balance WETLANDS There are no existing wetlands within the Jamesdale Estates 3rd Addition site. TREE PRESERVATION There are no significant trees within the Jamesdale Estates 3rd Addition site. EROSION CONTROL An erosion control plan has been submitted and includes the following: $46,555.75 • A single rock construction entrance. • A seed and mulch specification that meets City requirements. • Inlet protection on all storm sewer structures. • Silt fence to protect offsite areas from sediment transport. • All 3:1 slopes must be seeded and stabilized with fiber blanket or sod. • The site will be re- vegetated within 48 hours of rough and final grading. • Temporary sediment basins are shown on the grading plan. Jamesdale Estates 3rd Addition August 30, 2012 Page 6 of 8 • All streets shall be cleared of debris at the end of each day and maintained to provide safe driving conditions. Street sweeping shall be done weekly or more often as needed. A concrete washout area must be identified in the field and constructed per City specifications. Erosion control blankets must be installed on all stormwater basin slopes that are disturbed during construction. Silt fence or sod (36" minimum width) must be installed behind the curb following the installation of the private utilities. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water Conservation District. All 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 Jamesdale Estates 3rd Addition. Construction costs are based upon estimates submitted by the Developer's engineer on August 10, 2012. CONSTRUCTION COSTS Sanitary Sewer $ 51,556.40 Watermain 87,615.00 Storm Sewer 46,349.50 Streets 138,145.10 Site Grading, Erosion Control, Restoration and 12,300.00 Grading Certification SUBTOTAL - CONSTRUCTION COSTS $ 335,966.00 OTHER COSTS Developer's Design (6.0 %) $ 20,157.96 Developer's Construction Survey (2.5 %) 8,399.15 City's Legal Expense (0.5 %) 1,679.83 City Construction Observation (7.0 %) 23,517.62 Developer's Record Drawing (0.5 %) 1,679.83 Lot Corners 1,800.00 Streetlights 3,600.00 SUBTOTAL - OTHER COSTS $ 60,834.39 TOTAL PROJECT SECURITIES $ 396,800.39 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 $1,800.00. 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. Jamesdale Estates 3rd Addition August 30, 2012 Page 7 of 8 The streetlight security totals $3,600.00, which consists of four post -top streetlights at $900.00 each. CASH FEES The cash fee for traffic control signs is $1,100.00, which consists of one street/stop signs, one stop sign and four end -of -road object marker signs and one future street connection sign. If the street posts are installed in frost conditions, the Developer shall pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses shall be paid with the final plat and is calculated as follows: 17 units x $7.65/unit/qtr. x 4 qtrs. = $520.20 Dwelling Units Streetlight Operating Fee Total A cash fee for one -year of surface water management expenses shall be paid with the final plat and is calculated as follows: 17 units x $7.00/unit/qtr. x 4 qtrs. = $476.00 Dwelling Units Surface Water Management Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid with the final plat and is calculated as follows: 18 lots and outlots x $75.00 /unit = $1,350.00 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 $10,078.98. CASH REQUIREMENTS Park Dedication Fee 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 $ 60,044.00 5,219.00 48,281.04 1,100.00 520.20 476.00 1,350.00 10,078.98 $ 127,069.22 Jamesdale Estates 3rd Addition August 30, 2012 Page 8 of 8 CREDITS TO THE CASH REQUIREMENTS Trunk Storm Sewer Credit (Regional Infiltration Basin Excavation) SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS RECOMMENDATION $ 1,725.29 $ 1,725.29 TOTAL CASH REQUIREMENTS $ 125,343.93 Engineering recommends approval of the final plat, tree preservation plan, grading plan, erosion control plan and utility plan for Jamesdale Estates 3rd Addition.