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HomeMy WebLinkAboutItem 06.oNovember 26, 2012 Proposed Action Staff recommends adoption of the following motion: move to approve a resolution approving the final plat of Crescent Ridge Fourth Addition. Adoption of this motion will allow the development of the final 53 single family lots within the Crescent Ridge subdivision. Overview Shamrock Development has submitted a final plat application and plans for Crescent Ridge Fourth Addition. The revised preliminary plat of the Crescent Ridge development (Crescent Ridge Third Addition) was approved by the City Council at their March 5, 2012 meeting and included 111 single family lots. The Crescent Ridge Third Addition final plat of 58 single family lots was approved by City Council on June 4, 2012. The fourth addition final plat is proposed to include 53 single family lots and is the final addition of the Crescent Ridge development that remains to be platted. The fourth addition final plat is located on 21.13 acres located north of 195th Street, east of Holyoke Avenue and south of 190th Street. The Crescent Ridge Fourth Addition final plat is consistent with the approved preliminary plat. Staff recommends approval of the Crescent Ridge Fourth Addition final plat as outlined in the attached planning and engineering reports. Primary Issues to Consider • None. Supporting Information • Resolution approving the Crescent Ridge Fourth Addition final plat. • Signed development contract. • November 8, 2012 Planning Report. • November 8, 2012 Engineering Report. lyn ' ennen, AIC Associate Planner Item No. CRESCENT RIDGE FOURTH ADDITION FINAL PLAT DECEMBER 3, 2012 CITY COUNCIL MEETING Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Subdivision and Zoning Ordinances Notes: City. Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF CRESCENT RIDGE FOURTH ADDITION WHEREAS, the owner of the plat described as Crescent Ridge Fourth Addition has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; and WHEREAS, the final plat is consistent with the preliminary plat and acceptable to the NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The final plat of Crescent Ridge Fourth Addition is hereby approved subject to the developer's execution of the development contract and security requirements. 2. The Mayor and City Clerk are hereby 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 3 day of December 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 3 day of December, 2012, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) CRESCENT RIDGE FOURTH ADDITION CONTRACT dated , 2012, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and SHAMROCK DEVELOPMENT, INC., a Minnesota corporation (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Crescent Ridge Fourth Addition (referred to in this Contract as the "plat "). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: Outlot B, CRESCENT RIDGE THIRD 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, 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 167443v1 1 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, and 3) the necessary insurance for the Developer and its construction contractors has been received by the City. In addition, the City will not issue a permit for more than one structure until the plat is filed with the office of the Dakota County Recorder or Registrar of Titles. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi - phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into Tots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, 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 167443v1 2 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) without City Council approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - 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 167443v1 3 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) 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 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 167443v1 4 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) C. MnDot for Work in Right -of -Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits 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 167443v1 5 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City's current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except two model home permits on Tots acceptable to the Building Official as allowed by Section 11 -27 -3 of the Zoning Ordinance), 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 167443v1 6 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) 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. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as -built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as -built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as -built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. A certified as -built building pad survey must be submitted and approved for commercial, industrial or institutional developments prior to issuance of a building permit. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in -house engineering administration. City engineering administration will 167443v1 7 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3 %) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City's in -house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be seven percent (7 %) of the estimated construction cost. 19. STORM SEWER AREA CHARGE Development of Crescent Ridge Fourth Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right -of -way and lots to the public stormwater basins (Outlot A, Crescent Ridge Third Addition and Outlot A, Crescent Ridge Second Addition). The Trunk Storm Sewer Area Charge has not been collected on the parent parcel of Crescent Ridge Fourth Addition and must be paid at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows: 920,422.80 s.f. x $0.167/s.f. = $153,710.61 Net Area of Crescent Ridge Fourth Addition Area Charge Total Final locations and sizes of all storm sewer facilities must be reviewed by City staff with the final construction plans. 20. SANITARY SEWER AVAILABILITY CHARGE. Development of Crescent Ridge Fourth Addition includes public sanitary sewer construction. Eight inch sanitary sewer will be extended within the subdivision from existing sanitary sewer stubs to provide service to the Tots. The Sanitary Sewer Trunk Area Charge was previously assessed ( #118) to 32.80 acres of the parent parcel (including the Crescent Ridge plat) in 1980; that assessment has been paid. The Crescent 167443v1 8 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) Ridge, Crescent Ridge Second Addition and Crescent Ridge Third Addition plats exhausted all sanitary sewer trunk area charge credits. The Sanitary Sewer Availability Charge must be paid in cash with the final plat and is calculated as follows: 53 units x $307.00 /dwelling unit = $16,271.00 Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total 21. WATERMAIN. Development of Crescent Ridge Fourth Addition includes public watermain construction. Eight inch watermain will be extended within the subdivision from existing watermain stubs to provide service to the lots. Final locations and sizes of all sanitary sewer and watermain facilities must be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Crescent Ridge Fourth Addition will not be permitted until the as -built electronic files have been submitted and approved by City staff. 22. FUTURE UPGRADE OF HOLYOKE AVENUE. A cash fee for the future upgrade of Holyoke Avenue must be paid with the final plat. The cash fee is calculated as follows: 1,525.38 f.f. x $72.00/f.f. = $109,827.36 Front Footage along Holyoke Avenue Street Assessment Rate Total 23. FUTURE UPGRADE OF 190 STREET. A cash fee for the future upgrade of 190 Street must be paid with the final plat. The cash fee is calculated as follows: 408.35 f.f. x $72.001f.f. = $29,401.20 Front Footage along 190 Street Street Assessment Rate Total 24. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction must be from Holyoke Avenue at the proposed intersection of 193` Street. 25. PARK, TRAILS AND SIDEWALKS. The City's Parks, Trails and Open Space Plan does not designate any area within the Crescent Ridge Fourth Addition final plat as future park land. The Park Dedication requirement has not been collected on the parent parcel of Crescent Ridge Fourth Addition 167443v1 9 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) and will be satisfied through a cash contribution that must be paid with the final plat. The Park Dedication fee is calculated as follows: 53 units x $3,532.00 /unit = $187,196.00 Single - Family Dwelling Units Park Dedication Fee Rate Total Development of Crescent Ridge Fourth Addition includes the construction of public concrete sidewalks. Concrete sidewalks must be constructed, at the Developer's expense, along one side of all local streets, consistent with the City's Parks, Trails and Open Space Plan. The City's Parks, Trails and Open Space Plan identifies future public bituminous trails along the east side of Holyoke Avenue and the south side of 190th Street. The Developer must rough -grade the trail base within the southerly right -of -way of 190 Street and the easterly right -of -way of Holyoke Avenue and pay its 5 /8th portion of the trail costs (including 100% of grading and restoration), consistent with the Subdivision Ordinance. The trails will be constructed when Holyoke Avenue and 190th Street are reconstructed to urban sections. The Holyoke Avenue Trail Construction fee is calculated as follows: $22,042.50 x 5/8 = $13,776.56 Total Estimated Cost Developer's Trail Total for Trail Construction Cost Portion Along Holyoke Avenue The 190 Street Trail Construction fee is calculated as follows: $5,133.00 x 5/8 = $3,208.13 Total Estimated Cost Developer's Trail Total for Trail Construction Cost Portion Along 190 Street The resulting fee due the City for park dedication is calculated as follows: Park Dedication Fee $187,196.00 Holyoke Avenue Future Trail Improvements $13,776.56 190 Street Future Trail Improvements $3,208.13 Balance = $204,180.69 26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs in the amount of $1,600.00 must be paid at the time of final plat approval, which 167443v1 10 LKVL :Crescent Ridge Fourth Additon (Shamrock Development, Inc.) includes four street and stop signs. If the street posts are installed in frost conditions, the Developer must pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses must also be paid at the time of final plat approval and is calculated as follows: 53 units x $7.65 /unit /qtr. x 4 qtrs. = $1,621.80 Dwelling Units Streetlight Operating Fee Total 27. 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: 53 units x $7.00 /unit/qtr. x 4 qtrs. _ $1,484.00 Dwelling Units Surface Water Management Fee Total 28. 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 (21/2) 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, 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 inspected by City 167443v1 11 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) staff and the remaining fifty percent (50 %) will be released one year after the landscaping inspection and any warranty work has been completed. 29. BUFFER YARD BERM /LANDSCAPE SCREEN. A buffer yard berm and landscaping screen consistent with the subdivision ordinance will be provided adjacent to 190 Street and Holyoke Avenue. A certified as -built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. Before the City signs the final plat, the Developer must post a $34,900.00 security to guarantee the installation of the landscaping within the buffer yard areas as shown on the approved plans. The rear yards adjacent to Holyoke Avenue and 190 Street must be sodded to the edge of the adjacent right -of -way or trail. A cash escrow must be submitted with the building permit applications for those lots that abut Holyoke Avenue and 190 Street to guarantee the installation of the rear yard sodding. This escrow is in addition to the standard landscape /sod escrow required for all lots within the development that is collected with the building permit. 30. TREE PRESERVATION. The Crescent Ridge Fourth Addition final plat has been previously graded and there are no "save" significant trees within the plat. 31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the November 8, 2012, engineering report. B. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs for the Crescent Ridge Fourth Addition development. C. The Crescent Ridge Fourth Addition development must comply with the following setback requirements: Front 30 feet Side Interior 10 feet Side Corner 20 feet Rear 30 feet Rear (abutting Holyoke Avenue 50 feet and 190 Street) 167443v1 12 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) D. 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 $5,300.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 53 Tots 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. E. 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 for a total charge of $3,975.00. F. The Developer shall be responsible for the cost of street Tight installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street Tight installation consistent with the approved plan. The estimated amount of this security is $7,200.00 and consists of eight (8) post -top street lights at $900.00 each. G. 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. 32. 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 $874,939.40, plus a cash fee of $21,310.03 for City engineering administration. The amount of the security was calculated as follows: 167443v1 13 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) CONSTRUCTION COSTS: A. Sanitary Sewer $ 115,134.00 B. Watermain 135,910.50 C. Storm Sewer 102,571.00 D. Street Construction 303,171.50 E. Erosion Control, Restoration and Grading Certification 53,547.25 CONSTRUCTION SUB -TOTAL $ 710,334.25 OTHER COSTS: A. Developer's Design (6.0 %) $ 42,620.06 B. Developer's Construction Survey (2.5 %) 17,758.36 C. City Legal Expenses (Est. 0.5 %) 3,551.67 D. City Construction Observation (Est. 7.0 %) 49,723.40 E. Developer's Record Drawings (0.5 %) 3,551.67 F. Landscaping 34,900.00 G. Street Lights 7,200.00 H. Lot Corners /Iron Monuments 5,300.00 OTHER COSTS SUB -TOTAL TOTAL SECURITIES: $ 164,605.15 $ 874,939.40 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90 %) of the financial obligations that have been satisfied. Ten percent (10 %) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial 167443v1 14 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) 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. 33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Future Upgrade of 190 Street $ 29,401.20 B. Future Upgrade of Holyoke Avenue 109,827.36 C. 190 Street Future Trail Improvements 13,776.56 D. Holyoke Avenue Future Trail Improvements 3,208.13 E. Park Dedication Fee 187,196.00 F. Sanitary Sewer Availability Charge 16,271.00 G. Trunk Storm Sewer Area Charge 153,710.61 H. Traffic Control Signs 1,600.00 I. Streetlight Operating Fee 1,621.80 J. Surface Water Management Fee 1,484.00 K. City Base Map Updating 3,975.00 L. City Engineering Administration 21,310.03 (3% for letters of credit or 3.25% for alternate disbursement) TOTAL CASH REQUIREMENTS $ 543,381.69 34. 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. 167443v1 15 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) 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. 35. 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. 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 167443v1 16 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. 36. 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. 37. 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 two model homes on lots 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. 167443v1 17 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and /or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. The Developer and contractor shall acquire public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. The insurance must be maintained until six (6) months after the City has accepted the public improvements. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer and contractor shall file with the City a 167443v1 18 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 3200 Main Street, N.W., Suite 300, Coon Rapids, Minnesota 55448. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. 167443v1 19 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) CITY OF LAKEVILLE BY: Mark Bellows, Mayor AND 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 167443v1 20 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc,) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:cjh DEVELOPER: SHAMROCK DEVELOPMENT, INC. The forejsoing instrurnt acknowledged before me day of Al ✓tll , Y 2012, by . 41 S ../2 14_ the t S i C d {Ai of Shamrock Development, Inc., a Minnesota corporati on behalf said corporation. NOTARY PUBLIC 167443v1 21 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452 -5000 RNK:cjh MORTGAGE CONSENT TO DEVELOPMENT CONTRACT PREMIER BANK, a Minnesota corporation, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. 7 r Dated this � day of N% olbe: , 2012. ( ss. COUNTY OF riS STATE OF MINNESOTA rmx NOTARY PUBLIC K.,L, The foregoing instrument was acknowledged before me this co day of Nove.,,L.- 2012, b� �ri �r L . (<<•.�on and by n t , clst ..4 t � . K, , the V t - - and V,ce ere., : of Premier Bank, a Minnesota corporation, on behalf of said corporation. NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES JAN. 31.2015 I 67443v1 22 LKVL:Crescent Ridge Fourth Additon (Shamrock Development, Inc.) Memorandum To: Daryl Morey, Planning1Director From: Allyn Kuennen, AICP Associate Planner Date: November 8, 2012 Subject: Crescent Ridge Fourth Addition Final Plat The following exhibits are attached: BACKGROUND INFORMATION: Shamrock Development has submitted a final plat application and plans for Crescent Ridge Fourth Addition. The revised preliminary plat of the Crescent Ridge development (Crescent Ridge Third Addition) was approved by the City Council at their March 5, 2012 meeting and included 111 single family Tots. The Crescent Ridge Third Addition final plat of 58 single family lots was approved by City Council on June 4, 2012. The fourth addition final plat is proposed to include 53 single family lots and is the final additional of the Crescent Ridge development that remains to be platted. The fourth addition final plat is located on 21.13 acres located north of 195 Street, east of Holyoke Avenue and south of 190 Street. The Crescent Ridge Fourth Addition final plat plans have also been reviewed by the Engineering Department and their report is attached. Exhibit A — Location and Zoning Map Exhibit B — Crescent Ridge Third Addition Approved Preliminary Plat Exhibit C — Crescent Ridge Third Addition Final Plat Exhibit D — Cover Sheet/Site Plan Exhibit E — Utility Plans Exhibit F — Grading Plans Exhibit G — Erosion Control Plan Exhibit H — Landscape Plan Exhibit 1 — Engineering Report Dated November 8, 2012 Project Analysis: Existing Conditions. The area of the fourth addition does not contain any structures or trees and has been previously graded with the construction of the third addition. The existing topography of the fourth addition generally slopes towards the south and east. Comprehensive Plan. The 2008 Comprehensive Land Use Plan was amended in 2011 to guide the entire property as Low Density Residential. The proposed single family residential plat is consistent with the amended comprehensive plan. 1 City of Lakeville Planning Department Direction Land Use Plan Zoning Map Existing Use North Low /Medium Density Residential and Special Plan Area RA, Rural Agricultural and RS -3, Single Family Residential Single Family Home and Undeveloped South Low Density Residential RS -3, Single Family Residential Single Family Homes East Special Plan Area RA, Rural Agricultural Single Family Homes and Undeveloped West Low /Medium Density Residential RS -3, Single Family Residential Undeveloped Yard Front Side Interior Side Corner Rear Rear (abutting Holyoke Avenue and 190 Street) Setback 30' 10' 20' 30' 50' MUSA. The MUSA boundary was amended in 2011 in conjunction with the comprehensive plan amendment to bring the entire Crescent Ridge development into the current MUSA. Zoning. The entire site is zoned RS -3, Single Family Residential District which is consistent with the Comprehensive Land Use Plan. The RS -3 District allows the property to be developed into the single - family lots as proposed. Surrounding Land Uses. The following table identifies planned and existing uses adjacent to the proposed development: Blocks. The Crescent Ridge Fourth Addition final plat is proposed to be platted into 3 blocks with 53 lots. Section 10 -4 -1 of the Subdivision Ordinance requires blocks to be at least 400 feet in length, but no longer than 1,325 feet. All blocks are within the parameters set fourth in the Subdivision Ordinance. Lot Area. Single family lots within the RS -3 District are required to provide a minimum area of 11,000 square feet for interior lots and 12,500 square feet for corner lots. The lots within the final plat meet the minimum square footage required. Lot Width & Depth. The minimum lot width for single - family Tots within the RS -3 District is 85 feet for interior lots and 100 feet for corner lots. The minimum lot depth for double frontage single - family lots abutting Holyoke Avenue and 190 Street (major collectors) within the RS -3 District is 150 feet. All interior, corner and double frontage lots within the plat meet the minimum lot requirements. Outlots. The final plat of Crescent Ridge Fourth Addition does not include outlots. Setbacks. The following table outlines the required setbacks for single family lots in the RS -3 District: The building pads shown on the final plat plans meet the minimum setback requirements. Buffer Yards. Double frontage and corner Tots adjacent to major collectors such as Holyoke Avenue and 190 Street are required to provide a buffer yard berm and landscape screen. The buffer yard area for the lots abutting Holyoke Avenue and 190 Street is to be designated as drainage and utility easement to provide an area for the installation of berming and landscaping along the rear lot line. 2 Landscape Plan. The landscape plan shows the installation of a double row of 8 -foot tall evergreen trees, spaced every 15 feet with an interspersed row of deciduous trees within the buffer yard area along Holyoke Avenue and 190 Street. The lots adjacent to Holyoke Avenue and 190 Street include a minimum of a four foot berm. The 8 foot tall evergreen trees are to be planted in a staggered row along the top of the berm. A $34,900 security must be submitted prior to the release of the final plat mylars to guarantee the installation of the landscaping within the buffer yard areas. In addition, the rear yards adjacent to Holyoke Avenue and 190 Street must be sodded to the edge of the adjacent right -of -way or trail. The City will require a $1,000 cash escrow be submitted with the building permit application for those lots that abut Holyoke Avenue and 190 Street to guarantee the installation of the rear yard sodding. This escrow will be in addition to the landscape /sod escrow required for all lots within the development that is collected when a building permit is issued. Access. Access to the Crescent Ridge Fourth Addition final plat will be from 190th Street and 193 Street via Holyoke Avenue. Streets & Right -of -Way. The plat includes the construction of the remaining portion of Hilldale Avenue through the plat and the construction of Himalaya Avenue. Hilldale Avenue and Himalaya Avenue are classified as local streets. As local streets they will be designed as a 32- foot wide, two -lane urban street with 5 -foot concrete sidewalks along one side. The developer is dedicating 60 feet of right -of -way with the plat as required for all local streets. Holyoke Avenue is located along the western boundary of the plat and is currently classified as a major collector roadway and is proposed to be upgraded to a parkway design in the future. A cash fee for the future upgrade of Holyoke Avenue is required to be paid with the final plat as outlined in the November 8, 2012 Engineering Report. The required right -of -way and drainage and utility easements were dedicated to the City as part of the Crescent Ridge Second Addition final plat. No additional easements or right -of -way is required along Holyoke Avenue. 190th Street is located along the northern boundary of the plat and is classified as a major collector roadway. The required right -of -way dedication along 190 Street was completed with the Crescent Ridge Second Addition final plat. 190th Street is constructed as a two -lane undivided rural paved roadway from Holyoke Avenue to the Crescent Ridge eastern plat boundary line. A cash fee for the future upgrade of 190th Street to a urban section is required to be paid as outlined in the November 8, 2012 Engineering Report. Sidewalks. All internal local streets will have five foot wide concrete sidewalks on one side. All sidewalks will be paid for and constructed by the developer. Park Dedication. The City's Comprehensive Park Plan does not identify any parkland needs in the area of the subject site. Therefore, park dedication requirements are to be satisfied as a cash fee in lieu of land dedication as required by Section 10 -4 -8 of the Subdivision Ordinance. The current park dedication rate for single family lots is $3,532 per lot which would equate to a park dedication fee of $187,196.00 ($3,532 x 53 lots). The park dedication fee must be submitted to the City prior to release of the final plat mylars. Trails. A trail will be constructed on the south side of 190 Street and on the east side of Holyoke Avenue when they are upgraded in the future. The developer must post a cash escrow for 5 /8ths of the cost of the future trail along Holyoke Avenue and 190th Street adjacent to the fourth addition plat as described in the November 8, 2012 Engineering Report. 3 Yard Front Side Interior Side Corner Rear Rear (abutting Holyoke Avenue and 190 Street) Setback 30' 10' 20' 30' 50' Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans. The Engineering Department has reviewed the final plat plans and their comments are included in their report dated November 8, 2012. Wetlands. The final plat does not contain any wetland areas. Tree Preservation. The property has been previously graded and does not include any significant trees. Easements. The final plat illustrates perimeter easements for all 53 single - family lots as required by Section 10 -4 -4.A of the Subdivision Ordinance. The plat also includes the appropriate rear buffer yard easements along Holyoke Avenue and 190th Street for the installation of the required buffer yard landscaping and berming. Subdivision Identification Sign. The submitted plans do not indicate the installation of subdivision identification signs. If subdivision identification signs are to be installed they must comply with Section 9 -3 -7.A of the Sign Ordinance. The Sign Ordinance allows one sign at each entrance to an area from a major collector or arterial street. All proposed subdivision identification signs must be shown on the plans prior to City Council approval of the final plat. RECOMMENDATION: The Crescent Fourth Addition final plat plans comply with the provisions of the Zoning and Subdivision Ordinances and the Comprehensive Plan. Staff recommends approval of the Crescent Ridge Fourth Addition final plat subject to the following stipulations: 1. The recommendations outlined in the November 8, 2012 Engineering Report. 2. The park dedication fee is required to be submitted in lieu of land dedication as required by Section 10 -4 -8 of the Subdivision Ordinance prior to release of the final plat mylars. 3. A $34,900 security must be submitted prior to the release of the final plat mylars to guarantee the installation of the landscaping within the buffer yards and storm water treatment areas as shown on the approved plans. 4. The rear yards adjacent to Holyoke Avenue and 190 Street must be sodded to the edge of the adjacent right -of -way or trail. The City will require a $1,000 cash escrow be submitted with the building permit application for those lots that abut Holyoke Avenue and 190 Street to guarantee the installation of the rear yard sodding. This escrow will be in addition to the standard landscape /sod escrow required for all lots within the development that is collected with the building permit. 5. A five foot wide concrete sidewalk must be installed on one side of all streets throughout the development as shown on the final plat plans. The developer is responsible for the construction and cost of installing the sidewalks. 6. A trail will be constructed on the east side of Holyoke Avenue and on the south side of 190 Street when they are upgraded in the future. The developer must post a cash escrow for 5 /8ths of the cost of the future trail along Holyoke Avenue and 190th Street adjacent to the fourth addition plat. 7. A cash fee for the future upgrade of Holyoke Avenue and 190th Street will be collected with the final plat based on the current rate in effect at the time of final plat. 8. The development must comply with the following setback requirements: 4 RM -1, Medium Density Residential 190th Street a) cu RS-3, Single Family g , 0 19 RA, Rural Agricultural City of Lakeville Location & Zoning Map Crescent Ridge Fourth Addition Final Plat Exhibit A N` n cn 1 d rri g x O el C7) d zz 130 00 r 1 -°' 10 8 /0 LJ 1 LL i ' J tOl_ 1_ _ - - J T r 13000 10 A 10 r rn X X E CD 130 001 g 0 n Fii A I x o t I I I 1 1 1 I 1 O ■ tml rri r) Z 0 n o , 3 3 c O n iD r N m 0 0 an ❑ N O.. J ' O 3 , S 0_2 ,0 5 2, N Q a N❑ S 3 o N N N U1' m 5 a aN o Na o 0- - o m m _ N O N N 0-0 3a n N N ❑ 3 p N O J a mo O � p O p 0 (D a ❑ 0 F p "' a 0 p_o 3 - 0 0 a0.- EP Q D 22_50 N l N c ❑ o (* m o ❑00�N3 oF� -n a 00.3.5 p ' N ❑ a U 0 n o N n d p ❑ n. < m o P-. 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F $F F i m m8 .m F x £ 3 4 D • . •\ I ,� Lot �� { \,n \ $ -, , i x - -.- _ 3 ' ^.$ ., ^ a ex) t - E 'ut► _ _..., \\\ iv z _o z . 0 , ,,,, NM SL . > PLA KEY TS ON INDIVIDUAL HOME LOTS TO BE PLANTED AFTER ( IGNIFICANT TREES ON SITE REQUIRING TREE PRESERVATI CROSS SECTION A -A' BLACK HILLS SPRUCE /PICEA GLAUCA DENSATA WHITE PINE /PINUS STROBUS EVERGREEN TREES NORTHWOODS MAPLE /ACER RUBRUM ' NORTHWOODS' SENTRY LINDEN /TILIA AMERICANA 'SENTRY OVERSTORY TREES AUTUMN BLAZE MAPLE /ACER X FREEMANII HACKBERRY /CELTIS OCCIDENTALIS NT SCHEDULE (INCLUDES DETAILS COMMON NAME /SCIENTIFIC NAME _ SHAMROCK DEVELOPMENT 3200 MAIN STREET NW STE 300 COON RAPIDS, MINNESOTA 55448 WATER TO SETTLE PLANTS MO FILL VOIDS BE SUMDENT TO THOROUGHLY UNLESS SOIL MOISTURE IS EXCESSIVE e DEEP >cr rn�� .«r aEE`r at. ' ,E 18 CRESENT RIDGE 4TH ADDITION LAKEVILLE, MINNESOTA 8' B&B 8' B&B 2 5" B&B 2 5" 8&8 2 5" 8&B 2 5" 8&B A -B) ROOT U A W Cn C7 (QUANTITY (SPECIAL INSTRUCTIONS •; 1 1- 1ARAPA ., AVENUE uM' � iI7 J`. p DLANTING DETAIL 8 i " R w I L1 1 Memorandum To: Allyn Kuennen, Associate Planner From: Mark DuChene, Development Design Engineer IV)• McKenzie Cafferty, Environmental Resources Manager Copy: Zach Johnson, City Engineer Dennis Feller, Finance Director John Hennen, Interim Parks and Recreation Director Gene Abbott, Building Official Date: November 8, 2012 Subject: Crescent Ridge Fourth Addition • Final Plat Review • Final Grading Plan Review • Final Erosion Control Plan Review • Final Utility Plan Review BACKGROUND The proposed development will be completed by: Developer: Shamrock Development Engineer /Surveyor: Pioneer Engineering City of Lakeville Public Works— Engineering Division Shamrock Development has submitted a final plat named Crescent Ridge Fourth Addition. This is the final phase of the Crescent Ridge Third Addition preliminary plat approved by the City Council on March 5, 2012. The subdivision is located east of and adjacent to Holyoke Avenue and south of and adjacent to 190 Street. The parent parcel consists of Outlot B, Crescent Ridge Third Addition and is zoned RS -3, Single Family Residential District. The final plat consists of fifty three (53) single - family lots on 21.13 acres. CRESCENT RIDGE FOURTH ADDITION FINAL PLAT NOVEMBER 8, 2012 PAGE 2 SITE CONDITIONS The Crescent Ridge Fourth Addition site consists of vacant, undeveloped land that was mass graded with the Crescent Ridge Third Addition improvements. STREET AND SUBDIVISION LAYOUT Holyoke Avenue Crescent Ridge Fourth Addition is east of and adjacent to Holyoke Avenue, a major collector roadway and future parkway as identified in the City's Transportation Plan. The Developer dedicated the necessary right -of -way as part of the Crescent Ridge Second Addition final plat. Existing roadway, drainage and utility easements were previously established along the west side of Holyoke Avenue. The combined right -of- way dedication and existing roadway, drainage and utility easements satisfy the 120 -ft right -of -way requirement. Development of Crescent Ridge Second Addition included the construction of exclusive right -turn lanes and bypass lanes on Holyoke Avenue to maintain traffic safety and adequate traffic flow. Holyoke Avenue is constructed as a two -lane undivided rural roadway. Exclusive right -turn lanes were constructed at the northbound intersections of Holyoke Avenue at 194 Street and 193 Street and a bypass lane was constructed at the southbound Holyoke Avenue intersection at 193 Street with the Crescent Ridge Second Addition improvements. A study of the intersections of Holyoke Avenue and 190 Street as well as at Highview Avenue and 190 Street was completed in 2012. The City's Draft 2013 -2017 Capital Improvement Plan identifies left -turn bypass and right turn lane construction at the intersections of Holyoke Avenue and 190 Street as well as at Highview Avenue and 190 Street in 2013. The intersections will continue to be monitored as development in the area continues. A cash fee for the future upgrade of Holyoke Avenue will be paid with the final plat. The cash fee is calculated as follows: 1,525.38 f.f. x $72.00/f.f. = $109,827.36 Front Footage along Holyoke Avenue Street Assessment Rate Total 190 Street Crescent Ridge Fourth Addition is south of and adjacent to 190 Street, a major collector roadway as identified in the City's Transportation Plan. The Developer dedicated right -of -way to satisfy the 100 -ft right -of -way requirement with the Crescent Ridge Second Addition final plat. 190 Street is constructed as a two -lane undivided rural paved roadway from Highview /Holyoke Avenue to the Crescent Ridge development boundary. The City's current Capital Improvement Plan does not include improvements to 190 Street. CRESCENT RIDGE FOURTH ADDITION FINAL PLAT NOVEMBER 8, 2012 PAGE 3 A cash fee for the future upgrade of 190 Street will be paid with the final plat. The cash fee is calculated as follows: Hilldale Avenue Development of Crescent Ridge Fourth Addition includes the construction and extension of Hilldale Avenue, a local street. Hilldale Avenue is designed as a 32 -foot wide, two -lane urban street with concrete sidewalk along one side. The Developer is dedicating the required 60 feet of right -of -way. Himalaya Avenue Development of Crescent Ridge Fourth Addition includes the construction of Himalaya Avenue, a local street. Himalaya Avenue is designed as a 32 -foot wide, two -lane urban street with concrete sidewalk along one side. The Developer is dedicating the required 60 feet of right -of -way. 193 Street Development of Crescent Ridge Fourth Addition is adjacent to 193rd Street, a local street. 193rd Street is constructed as a 32 -foot wide, two -lane urban street with concrete sidewalk along one side. The Developer dedicated the required 60 feet of right -of -way. The City reserves the right to increase the street sections at the time of construction based upon site conditions. Building permits, except model home permits consistent with the zoning ordinance, will not be issued until the concrete curb and gutter and bituminous base pavement have been installed. CONSTRUCTION ACCESS 408.35 f.f. x $72.00 /f.f. = $29,401.20 Front Footage along 190 Street Street Assessment Rate Total Construction access and egress for grading, public utility installation and street construction must be from Holyoke Avenue at the proposed intersection of 193 Street. PARKS, TRAILS AND SIDEWALKS The City's Parks, Trails and Open Space Plan does not designate any area within the proposed plat as future park area. Development of Crescent Ridge Fourth Addition includes the construction of public concrete sidewalks. Concrete sidewalks will be constructed along one side of all local streets, consistent with the City's Parks, Trails and Open Space Plan and Subdivision Ordinance. CRESCENT RIDGE FOURTH ADDITION FINAL PLAT NOVEMBER 8, 2012 PAGE 4 The City's Parks, Trails and Open Space Plan identifies future public bituminous trails along the east side of Holyoke Avenue and the south side of 190th Street. The Developer will rough -grade the trail base within the southerly right -of -way of 190 Street and the easterly right -of -way of Holyoke Avenue and pay 5 /8ths of the trail construction costs (including 100% of grading and restoration), consistent with the Subdivision Ordinance. The cash fee is based on an estimate submitted by the Developer's engineer. The trails will likely be constructed when Holyoke Avenue and 190th Street are reconstructed to urban sections. The Holyoke Avenue Trail Construction fee is calculated as follows: UTILITIES $22,042.50 x 5/8 = $13,776.56 Total Estimated Cost Developer's Trail Total for Trail Construction Cost Portion Along Holyoke Avenue The 190 Street Trail Construction fee is calculated as follows: $5,133.00 x 5/8 = $3,208.13 Total Estimated Cost Developer's Trail Total for Trail Construction Cost Portion Along 190 Street The Park Dedication requirement has not been collected on the parent parcel and will be satisfied through a cash contribution that will be paid with the final plat. The Park Dedication fee is calculated as follows: 53 units x $3,532.00 /unit = $187,196.00 Single- Family Dwelling Units Park Dedication Fee Rate Total The balance due the City for park dedication is calculated as follows: Park Dedication Fee Holyoke Avenue Future Trail Improvements 190 Street Future Trail Improvements Balance $187,196.00 $13,776.56 $3,208.13 = $204,180.69 SANITARY SEWER: Crescent Ridge Fourth Addition is located within subdistrict ML - 70170 of the Marion Lake sanitary sewer district as identified in the City's Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing public sanitary sewer to the MCES Lakeville /Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. The existing City -owned downstream facilities have sufficient capacity to serve the residential development. CRESCENT RIDGE FOURTH ADDITION FINAL PLAT NOVEMBER 8, 2012 PAGE 5 Development of Crescent Ridge Fourth 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 lots. The Sanitary Sewer Trunk Area Charge was previously assessed ( #118) to 32.80 acres of the parent parcel (including the Crescent Ridge plat) in 1980; that assessment has been paid. The Crescent Ridge, Crescent Ridge Second Addition and Crescent Ridge Third Addition plats exhausted all sanitary sewer trunk area charge credits. The Sanitary Availability Charge must be paid in cash with the final plat and is calculated as follows: 53 units x $307.00 /dwelling unit = $16,271.00 Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total WATERMAIN: Development of Crescent Ridge Fourth Addition includes public watermain construction. 8 -inch watermain will be extended within the subdivision from existing watermain stubs to provide service to the lots. Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Crescent Ridge Fourth Addition will not be permitted until the as -built electronic files have been submitted and approved by City staff. OVERHEAD LINES An existing overhead utility line extends along the north property line of Crescent Ridge Fourth Addition. There are no anticipated changes to the existing line. DRAINAGE AND GRADING The final plat of Crescent Ridge Fourth Addition lies within Subdistricts SC -66 of the South Creek Drainage District, and a portion of the plat lies within FO -21 of the Farmington Outlet Drainage District, as identified in the City's Water Resources Management Plan. Development of Crescent Ridge Third Addition included the construction of a public stormwater basin and a public filtration basin along the east plat boundary to collect and treat the stormwater runoff generated in the Farmington Outlet Drainage District. The stormwater basin and filtration basin was designed to provide water quality treatment, skimming and rate control of the stormwater runoff generated within the Crescent Ridge Fourth Addition subdivision. Stormwater runoff generated from within the site within the South Creek Drainage District will be conveyed via public storm sewer to the stormwater basin that was constructed with the Crescent Ridge Second Addition improvements located along the CRESCENT RIDGE FOURTH ADDITION FINAL PLAT NOVEMBER 8, 2012 PAGE 6 west side of the property (east of and adjacent to Holyoke Avenue). The stormwater basin and filtration basin were designed for and provide water quality treatment, skimming and rate control of the stormwater runoff generated within the Crescent Ridge Fourth Addition subdivision. The final grading plan must identify all fill lots in which the building footings will be placed on fill material. The grading specifications must indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with building footings placed on fill material are appropriately constructed. Building permits will not be issued until an as -built certified grading plan, including the buffer yard berms along Holyoke Avenue and 190 Street, and a FHA/HUD 79G soils report have been submitted and approved by City staff. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. REQUIRED BERMING A buffer yard berm and landscaping screen consistent with the requirements of the Subdivision Ordinance will be provided adjacent to 190 Street and Holyoke Avenue. A certified as -built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. STORM SEWER Development of Crescent Ridge Fourth Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right -of -way and lots to the public stormwater basins (Outlot A, Crescent Ridge Third Addition & Outlot A, Crescent Ridge Second Addition). Draintile construction is required in areas of non - granular soils within Crescent Ridge Fourth Addition for the street sub -cut and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the Developer's responsibility to install and finance. The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and will be paid with the final plat. The Trunk Storm Sewer Area Charge is calculated as follows: 920,422.80 s.f. x $0.167/s.f. = $153,710.61 Net Area of Crescent Ridge Fourth Addition Area Charge Total CRESCENT RIDGE FOURTH ADDITION FINAL PLAT NOVEMBER 8, 2012 PAGE 7 Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. WETLANDS There are no existing wetlands within Crescent Ridge Fourth Addition. TREE PRESERVATION There are no significant trees within Crescent Ridge Fourth Addition. EROSION CONTROL The erosion control plan was reviewed and includes the following: • A single gravel construction entrance is shown on the plan sheets and included in the erosion control notes. • A seed /mulch specification that meets City requirements. • All 3:1 slopes will be seeded and stabilized with fiber blanket. • MnDoT seed mix 25B (or BWSR mix #1) will be used in all stormwater treatment and filtration areas below the HWL. MnDoT seed mix 26B (or BWSR mix #2) will be used on the stormwater treatment and filtration area slopes above the HWL. • Stormwater treatment areas will be graded first. • Silt fence will be installed to protect offsite areas from sediment transport. • Installation of erosion control at street curbs after utilities are installed. • Erosion control blanket is shown on all pond slopes. • Streets must be cleared of debris at the end of each day. • Pond Maintenance: A maintenance schedule for the first 2 years must be included in the plans. This must include mowing 2 to 3 times, 30 days apart during the first year with the mower deck about 6 -8" off the ground. The second year, the pond areas must be mowed once before weeds set their seeds. This will reduce weed establishment and help stimulate the desirable vegetation. This will cut down on maintenance in the long -term. • Inlet protection is identified on the plans. • Avoid compaction of filtration areas by keeping heavy equipment out of basin areas during excavation. • Temporary checks and erosion control blanket are shown in swales and ditches. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water District. Additional measures shall be installed and maintained by the Developer. CRESCENT RIDGE FOURTH ADDITION FINAL PLAT NOVEMBER 8, 2012 PAGE 8 SECURITIES The Developer shall provide a Letter of Credit as security for the Developer - installed improvements relating to Crescent Ridge Fourth Addition. Construction costs are based upon estimates submitted by the Developer's engineer on November 5, 2012. CONSTRUCTION COSTS Sanitary Sewer $ 115,134.00 Watermain 135,910.50 Storm Sewer 102,571.00 Street Construction 303,171.50 Erosion Control, Restoration and Grading Certification 53,547.25 SUBTOTAL - CONSTRUCTION COSTS $ 710,334.25 OTHER COSTS Developer's Design (6.0 %) $ 42,620.06 Developer's Construction Survey (2.5 %) 17,758.36 City's Legal Expense (0.5 %) 3,551.67 City Construction Observation (7.0 %) 49,723.40 Developer's Record Drawing (0.5 %) 3,551.67 Landscaping 34,900.00 Street Lights 7,200.00 Lot Corners /Iron Monuments 5,300.00 SUBTOTAL - OTHER COSTS $ 164,605.15 TOTAL PROJECT SECURITY $ 874,939.40 The street Tight security totals $7,200.00 which consists of eight post -top street lights at $900.00 each. The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per Iot/outlot for a total of $5,300.00. The City shall hold this security until the Developer's land surveyor certifies that all irons have been placed following site grading, utility and street construction. CASH FEES The cash fee for traffic control signs is $1,600.00; includes four street and stop signs. If the street posts are installed in frost conditions, the Developer will pay an additional $150.00 at each street post location. CRESCENT RIDGE FOURTH ADDITION FINAL. PLAT NOVEMBER 8, 2012 PAGE 9 A cash fee for one -year of streetlight operating expenses will be paid with the final plat and is calculated as follows: 53 units x $7.65/unit/qtr. x 4 qtrs. = $1,621.80 Dwelling Units Streetlight Operating Fee Total A cash fee for one -year of surface water management expenses will be paid with the final plat and is calculated as follows: 53 units x $7.00/unit/qtr. x 4 qtrs. = $1,484.00 Dwelling Units Surface Water Management Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map will be paid with the final plat and is calculated as follows: 53 lots x $75.00 /unit = $3,975.00 Lots /Outlots City Base Map Updating Fee Total The Developer must submit the final plat and construction drawings in an electronic format. The electronic format must be either a .dwg file (AutoCAD) or a .dxf file. The Developer must also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration will be based on three percent (3.00 %) of the estimated construction cost, or $21,310.03. CASH REQUIREMENTS Future Upgrade of 190 Street Future Upgrade of Holyoke Avenue 190 Street Future Trail Improvements Holyoke Avenue Future Trail Improvements 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 $ 29,401.20 109,827.36 13,776.56 3,208.13 187,196.00 16,271.00 153,710.61 1,600.00 1,621.80 1,484.00 3,975.00 21,310.03 $ 543,381.69 TOTAL CASH REQUIREMENTS $ 543,381.69 RECOMMENDATION Engineering recommends approval of the Crescent Ridge Fourth Addition final plat, final grading plan, final erosion control plan, and final utility plan subject to the requirements and stipulations of this report.