Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Item 06.e
February 28, 2013 io Item No. ROSE CREEK FINAL PLAT MARCH 4, 2013 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Rose Creek final plat. Passage of this motion will allow the development of 49 single family residential lots. Overview Bart Winkler, representing Rose Lake Development LLC, has submitted an application for the final plat of Rose Creek, which proposes 49 single family lots and three outlots on 29.73 acres of land located northwest of Dodd Boulevard (CSAH 9) and northeast of 183rd Street. The Rose Creek preliminary plat, Comprehensive Plan amendment to bring the property into the Current MUSA, and Zoning Map amendment to rezone the northerly portion of the property from RS -2 to RS -3 were approved by the City Council on December 17, 2012. The proposed final plat is consistent with the approved preliminary plat and Comprehensive Plan and Zoning Map amendments. Primary Issues to Consider How will a portion of the City -owned property be conveyed to the developer? The City will convey to the developer by quit claim deed 3,793 square feet of City -owned Outlot B, King Creek Greenway Addition to be included in Lot 5, Block land Lot 1, Block 2, Rose Creek. The purchase price of $3,982.65 is based upon Dakota County's assessed value of the City -owned property at $1.05 1square foot. The developer must purchase the City -owned property and record the quit claim deed prior to recording the Rose Creek final plat. Supporting Information • Resolution approving the final plat • Development contract, signed by the developer • Warranty deed conveying Outlots A, B and C to the City, signed by the developer •_ Fe�ruary.28, 2013 planning and engineering reports ryl *rey, Planrfinb Director Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF ROSE CREEK WHEREAS, the owner of the plat described as Rose Creek 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 approved by the City Council; and WHEREAS, the final plat is consistent with the approved preliminary plat; and WHEREAS, the final plat is acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The final plat of Rose Creek 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. DATED this 4 t " day of March 2013. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk STATE OF MINNESOTA) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 4 th day of March 2013, 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) ROSE CREEK CONTRACT dated , 2013, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City ") and ROSE LAKE DEVELOPMENT, LLC, a Minnesota limited liability company (the "Developer "). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for ROSE CREEK (referred to in this Contract as the "plat "). The land is situated in the County of Dakota, State of Minnesota, and is legally described on Exhibit A attached hereto and made a part hereof by reference. 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 1688970 1 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 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 1688970 2 Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - 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 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 1688970 3 p.m. and 7 o'clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or 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. 1688970 4 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights -of -Way B. MnDot for State Highway Access C. MnDot for Work in Right -of -Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections 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. 1688970 5 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City's current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to 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, drainage and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except two model home permits on lots acceptable to the Building Official), 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 1688970 6 treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas /stockpiles, and installed "conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3 -5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. 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. 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. 1688970 7 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in -house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3 %) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City's in -house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed at hourly rates, the cost of which is estimated to be seven percent (7 %) of the estimated construction cost. 19. STORM SEWER AREA CHARGE. Development of Rose Creek is subject to a storm sewer area charge of $134,946.35. The area charge is based on the gross area of the final plat less the area of the right -of -way of Dodd Boulevard and Outlots A and B, and is calculated as follows: Gross Area of Rose Creek 1,295,039 s.f. Less Area of Outlot A (Public Stormwater Basin/Wetland) ( -) 284,905 s.f. Less Area of Outlot B (Wetlands) (-) 98,399 s.f. Less Area of Dodd Boulevard Right -of -Way (-) 103,673 s.f. Total = 808,062 s.f. 808,062 s.f. x $0.167/s.f. _ $134,946.35 Net Area of Rose Creek Area Charge The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots A and B to the City, consistent with City policy. The $48,400.00 credit is based on the area of 1688970 8 Outlots A and B, and is calculated at the rate of $5,500.00 per acre, and will be applied to Rose Creek final plat cash fees. The credit is calculated as follows: 8.80 acres x $5,500 /acre = $48,400.00 Total Area of Outlots A and B Per Acre Credit Total The Developer shall receive a credit to the Trunk Storm Sewer Area Charge for the construction of the box culvert under Hyde Park Avenue. The credit shall be 50% of the estimated box culvert construction cost including the headwalls. The credit is calculated as follows: $87,500.00 x 50% _ $43,750.00 Box Culvert and Headwall Estimated Cost City's Share Total The balance due the City for Storm Water Area Charge is calculated as follows: • Trunk Storm Water Area Charge $ 134,946.35 • Less Credit for Outlots A and B ( -) 48,400.00 • Less Box Culvert Credit ( -) 43,750.00 • Balance $ 42,796.35 Final locations and sizes of all storm sewer facilities must be reviewed by City staff with the final construction plans. 20. SANITARY SEWER. Development of Rose Creek includes a temporary sanitary sewer lift station and forcemain to serve the development until the trunk gravity sanitary sewer system is extended to the development. This lift station must be sized to serve City -owned Outlots B and D, King Creek Greenway Addition. The temporary lift station will be located within an oversized public drainage and utility easement in between Lots 10 and 11, Block 4. The temporary lift station will be removed when the future trunk sanitary sewer line is extended to serve this development. Four inch forcemain will be installed within Hydra Court and Hyde Park Avenue to the existing eight -inch sanitary sewer located within Hyde Park Avenue at the northern plat boundary of Rose Creek. The Developer is responsible for 100% of the construction costs associated with the temporary lift station and forcemain. 168897v1 9 Development of Rose Creek is subject to a sanitary sewer availability charge of $15,043.00. The charge is based on the number of lots within the plat and is calculated as follows: 49 lots x $307.00 /lot = $15,043.00 The Developer must pay the $15,043.00 sanitary sewer availability charge in cash at the time of final plat approval. 21. WATERMAIN. Development of Rose Creek 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 Rose Creek will not be permitted until the as -built electronic files have been submitted and approved by City staff. 22. FUTURE UPGRADE OF DODD BOULEVARD. In lieu of the cash fee for the future upgrade of Dodd Boulevard, the Developer must dedicate the required Dodd Boulevard right -of -way for the 2013 Improvement Project (City Project 09 -05). Dakota County will be constructing the improvements to Dodd Boulevard in 2013. The Developer is responsible for 45% of the costs associated with the construction of the southwest bound right turn lane on Dodd Boulevard at Hyde Park Avenue. The fee is calculated as follows based on the construction cost estimate provided by the Developer's engineer and will be paid with the final plat: $39,908.65 x 45% _ $17,958.89 Right Turn Lane Cost Estimate Developer's Share Total 23. CONSTRUCTION ACCESS. Construction access and egress for grading, public utility installation and street construction must be from the intersection of Dodd Boulevard and 168897v1 10 Hyde Park Avenue. No construction access shall be permitted through the existing subdivisions to the north. 24. PARK DEDICATION, TRAILS AND SIDEWALKS. The City's Parks, Trails and Open Space Plan does not designate any area within the proposed plat as future park land. Development of Rose Creek includes the construction of public concrete sidewalks. Concrete sidewalks will be constructed along one side of 179th Street and both sides of the minor collector street Hyde Park Avenue, except the west side north of 179 Street. The City's Parks, Trails and Open Space Plan identifies future bituminous trails along the greenway corridor adjacent to the creek. The Developer will rough -grade the trail base within the greenway corridor and shall be responsible for 100% of the costs for the grading and restoration. The Developer will rough -grade and restore the trail base within the greenway corridor within both Outlots A and B as shown on the final plat plans. Development of Rose Creek includes the construction of a public bituminous trail. The City's Parks, Trails and Open Space Plan identifies a future bituminous trail along the northwest side of Dodd Boulevard. The Dodd Boulevard trail will be constructed by Dakota County in 2013 (City Project 09 -05). The Developer must pay a cash escrow for the Developer's 5 /8 portion of the trail construction cost for the Dodd Boulevard trail, consistent with City policy. The escrow will be based on an estimate provided by the Developer's engineer and will be applied to the Rose Creek final plat cash fees. The Dodd Boulevard Trail Construction Cash Fee is calculated as follows: $24,000.00 x 5/8 = $15,000.00 Total Estimated Cost Developers Trail Total for Dodd Boulevard Trail Construction Cost Portion 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 based on the park dedication fee in effect at the time of final plat. 168897v1 11 The fee shall be applied to lots based on the following calculation: 49 units x $3,532.00 = $173,068.00 Single - Family Dwelling Units 2013 Park Dedication Total Fee Rate The balance due the City for park dedication and trail construction is calculated as follows: • Park Dedication Fee $173,068.00 • Dodd Boulevard Future Trail Improvements $ 15,000.00 • Balance $188,068.00 25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs in the amount of $2,500.00 must be paid prior to the release of the plat by the City for recording, which includes four street/stop combination signs, four 9- button delineators, and one speed limit 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 street light operating expenses must also be paid with the final plat and is calculated as follows: 49 units x $7.80 /unit/qtr. x 4 qtrs. _ $1,528.80 Dwelling Units Streetlight Operating Fee Total 26. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface water management expenses will be paid prior to the release of the plat by the City for recording is calculated as follows: 49 units x $7.00 /unit/qtr. x 4 gtrs. = $1,372.00 Dwelling Units Surface Water Management Fee Total 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%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 1688970 12 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 staff and the remaining fifty percent (50 %) will be released one year after the landscaping inspection and any warranty work has been completed. 28. BUFFER YARD BERM /LANDSCAPE SCREEN. City zoning and subdivision ordinances require the installation of a buffer yard berm /landscape screen for the ten lots that abut Dodd Boulevard. Landscaping must be installed by the Developer consistent with the approved landscape plan. Prior to the release by the City of the plat for recording, the Developer shall post a security to guarantee the installation of the buffer yard berm /landscape /screen on the ten lots that abut Dodd Boulevard in accordance with the approved landscape plan. In addition, the rear /side yards of the ten lots that abut Dodd Boulevard must be sodded to the Dodd Boulevard right -of -way. A $1,000 cash escrow must be submitted with the building permit application for each of these ten lots to guarantee the installation of sod between the rear /side yards of the houses to be constructed on the ten lots abutting Dodd Boulevard and the trail. 1688970 13 29. TREE PRESERVATION. The Developer must post security for tree preservation on an individual lot basis for each lot containing a "save" significant tree. The security is $1,500 for each lot with a "save" significant tree and $1,000 for each outlot with a "save" significant tree and is calculated as follows: Outlots A and B 2 Outlots @ $1,000.00 each = $2,000.00 30. WETLAND MITIGATION. Prior to the release of the plat by the City for recording, the Developer shall post a $13,339.32 security for wetland mitigation. The wetland mitigation security consists of the following: Wetland Banking Credits $10,617.20 Wetland Banking Fee 690.12 Wetland Banking Total $11,307.32 Wetland Buffer Signs $ 2,032.00 Grand Total $13,339.32 31. CONVEYANCE OF CITY -OWNED PROPERTY. Prior to recording the Rose Creek final plat, the Developer must purchase from the City, that portion of the City -owned property located within Outlot B, King Creek Greenway Addition that is included in Lot 5, Block 1 and Lot 1, Block 2 ( "City Property "). The purchase price for the City Property is $3,982.65, which is based upon Dakota County's assessed value of Outlot B, King Creek Greenway Addition at $45,702 /acre ($1.05 /s.f.) and calculated as follows: Area of City -owned property within Lot 5, Block 1 2,179 s.f. Area of City -owned property within Lot 1, Block 2 1,614 s.f. Total 3,793 s.f. 3,793 s.f. x $1.05 /s.f. = $3,982.65 The City shall convey the City Property to Developer by Quit Claim Deed. Conveyance of the deed is conditioned upon receipt of payment by the City and simultaneous recording of the plat. 32. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the February 15, 2013, engineering report. 1688970 14 B. Prior to the release of the plat by the City for recording, the Developer shall have executed a Warranty Deed to convey Outlots A, B and C to the City, free and clear of any and all encumbrances, except that Developer shall retain a license to access Outlots A and B solely for the purposes set forth in Paragraph 24. This license shall terminate on November 30, 2013, unless otherwise extended by the terms of this Agreement for completion of the public improvements identified under Paragraph 24 located within Outlots A and B. The deed shall be recorded simultaneous with recording of the plat. C. The Developer shall install a temporary turnaround at the west end of 179 Street and the turnaround must be paved within one year of construction unless the roadway is extended and shall also provide a $2,500.00 cash escrow for the removal and restoration of the temporary turnaround. The City agrees to identify a portion of Outlot B, King Creek Greenway Addition for use of the turnaround and grant Developer a license to install the turnaround thereon. D. The driveway access for Lot 18, Block 5 must be off of Hydra Circle. The driveway access for Lot 18, Block 4 must be setback a minimum of 50 feet from the Dodd Boulevard right -of -way in compliance with Zoning Ordinance requirements. E. The houses to be constructed on Lots 3 -16, Block 4 and 5 -18, Block 5 must include an attached three stall garage with corresponding front driveway parking apron. The curb cut opening shall not exceed 24 feet unless additional width is approved by the City Engineer. If Lot 2, Block 4 and /or Lot 4, Block 5 have driveway access off of Hydra Court or Hydra Circle, respectively, then the houses constructed on those lots must also have an attached three stall garage with corresponding front driveway parking apron. 1688970 15 F. Any subdivision identification signs must be monument style, not more than 10 feet in height and 100 square feet in area, and must be maintenance free. A sign permit must be issued by the City prior to the installation of any subdivision identification signs. G. Prior to release of the plat by the City for recording, 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 $5,200.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 52 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. H. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $75.00 per lot/outlot for a total charge of $3,900.00. I. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Prior to the release of the plat by the City for recording, the Developer shall post a security for street light installation consistent with the approved plan. The estimated amount of this security is $10,200.00 and consists of one (1) mast -arm street light at $1,200.00 and ten (10) post -top street lights at $900.00 each. 1688970 16 J. 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. 33. 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 letter of credit, in the form attached hereto from a bank ( "security ") for $1,944,891.71, plus a cash fee of $47,706.22 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $ 348,959.20 B. Watermain 242,078.00 C. Storm Sewer 229,364.00 D. Street Construction 458,822.50 E. Erosion Control, Stormwater and Filtration Basins, Restoration and Grading Certification 310,983.50 CONSTRUCTION SUB -TOTAL $1,590,207.20 OTHER COSTS: A. Developer's Design (6.0 %) $ 95,412.43 B. Developer's Construction Survey (2.5 %) 35,755.18 C. City Legal Expenses (0.5 %) 7,951.04 D. City Construction Observation (7.0 %) 111,314.50 E. Developer's Record Drawings (0.5 %) 7,951.04 F. Wetland Mitigation /Signs 13,339.32 G. Tree Preservation 2,000.00 H. Landscaping 65,561.00 1688970 17 I. Street Lights 10,200.00 J. Lot Corners /Iron Monuments 5,200.00 OTHER COSTS SUB -TOTAL $ 354,684.51 TOTAL SECURITIES: $1,944,891.71 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90 %) of the financial obligations that have been satisfied. Ten percent (10 %) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a 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. 34. 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 release of the plat by the City for recording: A. Dodd Boulevard Right Turn Lane Improvements $ 17,958.89 B. Dodd Boulevard Trail 15,000.00 C. 179 Street Temporary Turnaround Removal 2,500.00 D. Park Dedication Fee 173,068.00 E. Developer Land Purchase From City 3,982.65 1688970 18 F. Sanitary Sewer Availability Charge 15,043.00 G. Trunk Storm Sewer Area Charge 134,946.35 H. Traffic Control Signs 2,500.00 I. Streetlight Operating Fee 1,528.80 J. Surface Water Management Fee 1,372.00 K. City Base Map Updating Fee 3,900.00 L. City Engineering Administration (3.0 %) 47,706.22 SUBTOTAL - CASH REQUIREMENTS $419,505.91 CREDIT TO THE CASH REQUIREMENTS Trunk Sanitary Sewer Credit (Box Culvert) $ 43,750.00 Outlots A and B (Deeded to the City) 48,400.00 SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 92,150.00 TOTAL CASH REQUIREMENTS $327,355.91 35. 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. 36. 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, 1688970 19 engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more 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 1688970 20 sewer availability charges ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. 37. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 38. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except one model 1688970 21 home on a lot acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and /or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 1688970 22 I. The Developer and contractor shall acquire public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. The insurance must be maintained until six (6) months after the City has accepted the public improvements. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer and contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 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. 1688970 23 39. 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: 10519 165 Street West, 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. [The remainder of this page has been intentionally left blank. Signature pages follow.] 1688970 24 CITY OF LAKEVILLE (SEAL) BY: AND: Matt Little, Mayor Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2013, by Matt Little 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 1688970 25 DEVELOPER: ROSE LAKE DEVELOPMENT LLC STATE OF MINNESOTA BY: Bart Winkler Its Chief Manager ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of N , 2013, by Bart Winkler, the Chief Manager of Rose Lake Development LLC, a Minnesota limited liability company, on behal f said company. i NOTARY P6aIJC PENNY BREVIG NOTARY PUBLIC • MINNESOTA W Commis M Eow ,fan. 31.2015 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651 - 452 -5000 RNK:cjh 1688970 26 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Rose Creek That part of the East Half of the Northwest Quarter of Section 17, Township 114, Range 20, Dakota County, Minnesota, described as follows: Beginning at the northeast corner of said East Half of the Northwest Quarter; thence west on north line of said East Half of the Northwest Quarter a distance of 322.63 feet; thence southeasterly to a point on the east line of said East Half of the Northwest Quarter 718.04 feet south of said northeast corner; thence north along said East line to the point of beginning. And The Northwest Quarter of the Northeast Quarter of Section 17, Township 114, Range 20, Dakota County, Minnesota, which lies northwesterly of the centerline of County State Aid Highway No. 9 (Dodd Boulevard) EXCEPT that part lying southwesterly of the following line: Beginning at a point on the west line of said Northwest Quarter of the Northeast Quarter lying 605.15 feet north of the southwest corner of said Northwest Quarter of the Northeast Quarter; thence southeasterly to a point on the south line of said Northwest Quarter of the Northeast Quarter lying 272.21 feet east of said southwest corner and there terminating. And That part Outlot B, KING CREEK GREENWAY ADDITION, Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said Outlot B; thence South 24 degrees 36 minutes 41 seconds East, assumed bearing along the easterly line of said Outlot B, a distance of 49.40 feet to the point of beginning of the land to be described; thence continuing South 24 degrees 36 minutes 40 seconds East, along said easterly line, a distance of 318.13 feet; thence South 73 degrees 01 minute 57 seconds West a distance of 21.13 feet; thence North 16 degrees 58 minutes 11 seconds West a distance of 130.00 feet; thence South 73 degrees 01 minute 49 seconds West a distance of 39.13 feet; thence North 16 degrees 58 minutes 11 seconds West a distance of 60.00 feet; thence North 08 degrees 48 minutes 47 seconds West a distance of 126.59 feet to the point of beginning. 1688970 27 (Reserved for Recording Data) WARRANTY DEED STATE DEED TAX DUE HEREON: $1.65 Dated: FOR VALUABLE CONSIDERATION, ROSE LAKE DEV., INC., a Minnesota corporation, Grantor, hereby conveys and warrants to the CITY OF LAKEVILLE, a Minnesota municipal corporation, Grantee, real property in Dakota County, Minnesota, described as follows: Outlots A, B, and C, Rose Creek, according to the recorded plat thereof, together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: A. Covenants, conditions, restrictions, declarations and easements of record, if any; B. Reservations of minerals or mineral rights by the State of Minnesota, if any; C. Building and zoning laws, ordinances, state and federal regulations. THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. The consideration for this transfer was less than $500.00. STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) ROSE LAKE DEV., INC. By: Bart Winkl Its kr- f' The foregoing instrument was acknowledge before me this day of r� , 2013, by Bart Winkler, the '6S�s j� of Rose Lake Dev., Inc., a Minnesod corporation, on behalf of said oration. PENNY NOTARY R WOW Notary Pu C-0 My Commission ��� �. 91.2015 Check here if part or all of the land is Registered (Torrens) Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651- 452 -5000 AMP /cjh 168946v1 2 Lakeville Memorandum To: Mayor and City Council From: Daryl Morey, Planning Director Date: February 28, 2013 Subject: Rose Creek Final Plat INTRODUCTION City of Lakeville Planning Department Bart Winkler, representing Rose Lake Development, has submitted a final plat plans for Rose Creek, which consists of 49 single family lots and three outlots on 29.73 acres of land located northwest of Dodd Boulevard (CSAH 9) and northeast of 183rd Street (see Exhibit A). On December 17, 2012 the City Council approved the Rose Creek preliminary plat, Comprehensive Plan amendment to bring the property into the Current MUSA, and a Zoning Map amendment to rezone the northerly portion of the property from RS -2 to RS -3. EXHIBITS Exhibit A - Aerial Location Map Exhibit B - Approved Preliminary Plat Exhibit C - Final Plat (2 sheets) Exhibit D - Ghost Plat Exhibit E - Title Sheet Exhibit F - Site Information Exhibit G - Final Erosion & Sediment Control Plan (4 sheets) Exhibit H - Final Grading & Drainage Plan (4 sheets) Exhibit I - Final Grading & Utility Plan (4 sheets) Exhibit J - Final Utility Plan (4 sheets) Exhibit K- Final Landscape Plan Exhibit L - Dakota County Plat Commission Letter Rose Creek Final Plat March 4, 2013 City Council Meeting PLANNING ANALYSIS Consistency with the Preliminary Plat. The lot, Block and street design of the Rose Creek final plat (Exhibit D) is consistent with the approved preliminary plat (Exhibit Q. Density. The Rose Creek preliminary plat proposes 49 lots on 29.73 acres for a gross density of 1.65 dwelling units /acre. The net density, minus street right -of -way and outlots, is 3.4 dwelling units /acre. Lots. The Rose Creek final plat consists of 49 single family lots on five blocks. The 36 lots in the southerly portion of the preliminary plat are subject to the RS -4 District single family lot area and width requirements as allowed in the RST -2 District and the 13 lots in the northerly portion of the preliminary plat are subject to the lot area and width requirements of the RS -3 District. In addition, the lots abutting Dodd Boulevard are subject to the buffer yard requirements of Section 11- 21 -9.E.1 of the Zoning Ordinance. The lot area, width and depth requirements for the RS -3 and RS -4 district lots in the Rose Creek final plat are as follows: All 49 lots in the final plat meet the respective RS -3 or RS -4 district lot area, width and depth requirements. In addition, a maximum building coverage of 40% is allowed for the RS -4 District lots. A small portion of Lot 5, Block 1; Lot 1, Block 2; and 179 Street lie within the adjacent City -owned property. The developer must purchase this portion of the City -owned property at fair market value prior to recording of the Rose Creek final plat or Lot 5, Block 1 and Lot 1, Block 2 must be designated as outlots. Dakota County's estimated land value for the City -owned property, which is Outlot B, King Creek Greenway Addition, is $45,701.50/acre or $1.05 /square foot. Applying the Dakota County Assessor's value to the portions of Lot 5, Block 1 and Lot 1, Block 2 that include the City -owned property leads to the following: Area of proposed Lot 5, Block 1 within existing Outlot B = 2,179 s.f. x $1.05 /s.f. _ $2,287.95 Area of proposed Lot 1, Block 2 within existing Outlot B = 1,614 s.f. x $1.05 /s.f. _ $1,694.70 Lot Area Lot Area Lot Width Lot Width Lot Lot (Interior) (Corner) (Interior) (Corner) Width Depth (Buffer) (Buffer) RS -3 11,000 s.f. 12,500 s.f. 85 feet 100 feet NA NA RS -4 8,400 s.f. 10,200 s.f. 70 feet 85 feet 110 feet 150 feet All 49 lots in the final plat meet the respective RS -3 or RS -4 district lot area, width and depth requirements. In addition, a maximum building coverage of 40% is allowed for the RS -4 District lots. A small portion of Lot 5, Block 1; Lot 1, Block 2; and 179 Street lie within the adjacent City -owned property. The developer must purchase this portion of the City -owned property at fair market value prior to recording of the Rose Creek final plat or Lot 5, Block 1 and Lot 1, Block 2 must be designated as outlots. Dakota County's estimated land value for the City -owned property, which is Outlot B, King Creek Greenway Addition, is $45,701.50/acre or $1.05 /square foot. Applying the Dakota County Assessor's value to the portions of Lot 5, Block 1 and Lot 1, Block 2 that include the City -owned property leads to the following: Area of proposed Lot 5, Block 1 within existing Outlot B = 2,179 s.f. x $1.05 /s.f. _ $2,287.95 Area of proposed Lot 1, Block 2 within existing Outlot B = 1,614 s.f. x $1.05 /s.f. _ $1,694.70 Rose Creek Final Plat March 4, 2013 City Council Meeting The total value for the portions of the City -owned property to be included in the lots in Rose Creek is $3,982.65. Outlots. The Rose Creek final plat proposes three outlots as follows: Outlot A : Includes the DNR tributary and adjacent wetland area, and proposed stormwater treatment and infiltration basins (6.541 acres). Will be deeded to the City with the final plat. Outlot B : Includes the DNR tributary and adjacent wetland area (2.259 acres). Will be deeded to the City with the final plat. Outlot C : A small remnant parcel (0.007 acres) to be included in a future single family lot when the City -owned property develops. Staff recommends that Outlot C be deeded to the City with the final plat in exchange for allowing the 179th Street temporary turnaround to be located on City -owned property. In addition, the developer will receive a $5,500 /acre credit for deeding Outlots A and B to the City. The amount of this credit is $48,400.00. Setbacks. The house setback requirements for the RS -3 and RS -4 district lots in the Rose Creek final plat are as follows: Proposed house pads are shown on the final grading plans. All 49 lots in the final plat meet the respective RS -3 or RS -4 district building setback requirements. Streets. The Rose Creek final plat abuts Dodd Boulevard (CSAH 9), which is designated as an A -Minor Arterial (150 foot right -of -way width) in the City's Transportation Plan. The final plat identifies a 75 foot north half right -of -way dedication for Dodd Boulevard consistent with the Transportation Plan. Dodd Boulevard will be upgraded to a four -lane divided urban roadway in 2013 as part of a Dakota County improvement project that includes the construction of a roundabout at the Dodd Boulevard /Highview Avenue intersection. Left and right turn lanes will be constructed on Dodd Boulevard at the Hyde Park Avenue intersection. The developer will be responsible for the City's share (45 %) of the cost of constructing the right turn lane on Dodd Boulevard. Front Side Side Side Rear Rear (Interior) (Corner) (Buffer) (Buffer) RS -3 30 feet 10 feet 20 feet 30 feet 30 feet 50 feet RS -4 20 feet (house) 7 feet 20 feet 30 feet 30 feet 50 feet 25 feet (garage) Proposed house pads are shown on the final grading plans. All 49 lots in the final plat meet the respective RS -3 or RS -4 district building setback requirements. Streets. The Rose Creek final plat abuts Dodd Boulevard (CSAH 9), which is designated as an A -Minor Arterial (150 foot right -of -way width) in the City's Transportation Plan. The final plat identifies a 75 foot north half right -of -way dedication for Dodd Boulevard consistent with the Transportation Plan. Dodd Boulevard will be upgraded to a four -lane divided urban roadway in 2013 as part of a Dakota County improvement project that includes the construction of a roundabout at the Dodd Boulevard /Highview Avenue intersection. Left and right turn lanes will be constructed on Dodd Boulevard at the Hyde Park Avenue intersection. The developer will be responsible for the City's share (45 %) of the cost of constructing the right turn lane on Dodd Boulevard. Rose Creek Final Plat March 4, 2013 City Council Meeting The Rose Creek final plat includes the construction of the following streets: Hyde Park Avenue will be extended to the south from its existing terminus in the Zweber Farm subdivision to intersect with Dodd Boulevard. Hyde Park Avenue, which is designated as a minor collector in the City's Transportation Plan, intersects with major collector 175th Street to the north in the Zweber Farm (a /k/a Stonebrooke) neighborhood. The existing segment of Hyde Park Avenue between 175th Street and the Rose Creek final plat does not include sidewalks. The final plat proposes 66 feet of right -of -way for Hyde Park Avenue at the north end in order to match the existing right -of -way and street section in Zweber Farm and tapering up to an 80 foot right -of -way south of 179 Street consistent with the current requirements for a minor collector with sidewalks. Left and right turn lanes will be constructed by the developer on Hyde Park Avenue at the Dodd Boulevard intersection. Five foot wide concrete sidewalks will be constructed by the developer on both sides of Hyde Park Avenue, except for the segment on the west side north of 179 Street. The City will extend the sidewalk on the east side of Hyde Park Avenue north to Hickory Trail in the Zweber Farm subdivision at a future date. Planning and engineering staff recommend that the driveway access for Lot 18, Block 5 be off of Hydra Circle. The driveway access for Lot 18, Block 4 must be setback a minimum of 50 feet from the Dodd Boulevard right -of -way consistent with Zoning Ordinance requirements. 179th Street is a local street extending west of Hyde Park Avenue that will serve the RS -3 District lots in the northerly portion of the final plat. 179th Street will be extended to the west with the development of the City -owned property to intersect with the southerly extension of Idawood Path from the Andersons Century Farm subdivision (see Exhibit E). A 60 foot right -of -way width is identified for 179' Street in compliance with Subdivision Ordinance requirements. A five foot wide concrete sidewalk will be constructed by the developer on the south side of 179' Street as shown on the final plat plans. A temporary turnaround must be constructed by the developer at the west end of 179' Street until it is extended in the future with the development of the City -owned property. In addition, the developer must install a barricade with a "Future Street Extension" sign at the end of the 179th Street temporary turnaround and submit a $2,500 cash escrow for the removal of the temporary turnaround when 179 Street is extended with the future development of the City -owned property. Hydra Court and Hydra Circle are cul -de -sac streets that will serve the RS -4 District lots in the southerly portion of the final plat. Both cul -de -sac streets have a 50 foot right -of -way width and a 60 foot turnaround radius as allowed by the Subdivision Ordinance for environmentally sensitive areas. The reduced cul -de -sac right -of -way and street width is allowed subject to the conditions listed in Section 10- 4- 3.S.4.b of the Subdivision Ordinance. Rose Creek Final Plat March 4, 2013 City Council Meeting All houses shall have an attached accessory garage of three (3) stalls with corresponding front driveway parking apron. The curb cut opening on the street shall, however, meet established standards. This requirement is listed as a stipulation of final plat approval. Because the Rose Creek final plat abuts Dodd Boulevard (CSAH 9), the Dakota County Plat Commission reviewed the final plat at their February 11, 2013 meeting. The Plat Commission's comments are listed in their February 14, 2013 letter (Exhibit M). Buffer Yard Berming /Landscaping. Ten lots abut Dodd Boulevard and are subject to the buffer yard screening requirements of Section 11- 21 -9.E.6 of the Zoning Ordinance. The developer has submitted a final landscape plan showing a mixture of coniferous and deciduous trees to be planted in the buffer yards of these ten lots (Exhibit Q. In addition, berming is proposed in the buffer yards of those lots where the grades adjacent to Dodd Boulevard are conducive for berming. The proposed berming and landscaping meets the buffer yard requirements. Planning Department staff recommends that the rear /side yards of the ten lots abutting Dodd Boulevard be sodded to the Dodd Boulevard right -of -way line. A $1,000 cash escrow will be required to be submitted with the building permit applications for these ten lots to guarantee installation of the rear /side yard sodding. This escrow will be in addition to the two trees /lot and front /side yard sodding escrow required at the time of building permit for all single family lots. Subdivision Identification Sign. A future maintenance free subdivision identification sign is identified on the landscape plan on Lot 18, Block 5 at the intersection of Dodd Boulevard and Hyde Park Avenue. This sign must be a monument sign, no more than 10 feet in height and 100 square feet in area. A sign permit must be issued by the City prior to the installation of any subdivision identification signs. Grading, Drainage, Erosion Control, and Utilities. Grading, drainage, erosion control, and utilities plans (Exhibits H, I, J and K) have been submitted for the Rose Creek final plat. The final plat plans have been forwarded to engineering staff for review. The engineering report dated February 28, 2013 was prepared by engineering consultant Tom Kellogg of WSB & Associates and Environmental Resources Manager McKenzie Cafferty. Engineering recommends approval of the Rose Creek final plat. Shoreland Overlay District. The area of the subject property located within 300 feet of the DNR tributary falls within the shoreland overlay district as identified on the preliminary plat plans. The shoreland overlay district requires a 50 foot building setback and maximum 25% impervious surface area for that portion of Rose Creek located within 300 feet of the centerline of the creek. Rose Creek Final Plat March 4, 2013 City Council Meeting Tree Preservation. A tree preservation plan was submitted with the Rose Creek preliminary plat. The plan proposes to save 26% of the significant trees located within the plat boundaries. A $2,000 tree preservation security is required for the final plat. Wetlands. There are wetlands adjacent to the DNR tributary within Outlots A and B of the Rose Creek final plat. The only wetland impact (0.17 acres) is due to the extension of the Hyde Park Avenue minor collector consistent with the City's Transportation Plan. The developer is proposing to purchase 0.34 acres of wetland credits to meet the wetland replacement requirement. The developer will also be responsible for installing signs identifying the wetland buffer area at the rear /sides of the lots abutting Outlots A and B. Parks and Trails. The Parks, Trails and Open Space Plan does not identify any parks within the Rose Creek final plat. As such, a cash fee will be required with the final plat. The plan identifies a greenway corridor trail along the DNR tributary as well as multi - purpose trailways along Dodd Boulevard. The final plat plans identify the future construction of an eight foot wide bituminous trail on the north side of the DNR tributary from Hyde Park Avenue to the east plat boundary and along the south side of the DNR tributary from Hyde Park Avenue to the west plat boundary. The developer will rough grade this future greenway corridor trail with the Rose Creek development. In addition, an eight foot wide bituminous trail will be constructed on the north side of Dodd Boulevard from 183rd Street to Hayes Avenue with the 2013 improvement project that includes a roundabout at the Dodd Boulevard /Highview Avenue intersection. The developer is responsible for 5 /8th of the trail construction costs. RECOMMENDATION Planning Department staff recommends approval of the Rose Creek final plat subject to the following stipulations: 1. The recommendations listed in the February 28, 2013 engineering report. 2. Outlots A, Band C shall be deeded to the City with the final plat. 3. The developer must purchase the portion of the City -owned property included in Lot 5, Block 1 and Lot 1, Block 2 for $3,982.65 prior to recording the final plat. Rose Creek Final Plat March 4, 2013 City Council Meeting 4. The driveway access for Lot 18, Block 5 must be off of Hydra Circle. The driveway access for Lot 18, Block 4 must be setback a minimum of 50 feet from the Dodd Boulevard right -of -way in compliance with Zoning Ordinance requirements. 5. A temporary turnaround must be constructed by the developer at the west end of 179th Street until it is extended in the future with the development of the adjacent City -owned property. In addition, the developer must install a barricade with a "Future Street Extension" sign at the end of the 179th Street temporary turnaround and submit a $2,500 cash escrow for the future removal of the temporary turnaround. 6. The houses to be constructed on Lots 3 -16, Block 4 and 5 -18, Block 5 must include an attached three stall garage with corresponding front driveway parking apron. The curb cut opening shall not exceed 24 feet unless additional width is approved by the City Engineer. If Lot 2, Block 4 and /or Lot 4, Block 5 have driveway access off of Hydra Court or Hydra Circle, respectively, then the houses constructed on those lots must also have an attached three stall garage with corresponding front driveway parking apron. 7. Five foot wide concrete sidewalks must be constructed by the developer on both sides of Hyde Park Avenue, except for the segment on the west side north of 179th Street, and on the south side of 179th Street. 8. The developer must rough grade for the future construction of an eight foot wide bituminous trail along the DNR tributary within the Rose Creek plat as shown on the final plat plans. 9. Any subdivision identification signs must be monument style, not more than 10 feet in height and 100 square feet in area and must be maintenance free. A sign permit must be issued by the City prior to the installation of any subdivision identification signs. 10. Landscaping must be installed consistent with the approved landscape plan. The developer must post a $65,561 security to guarantee installation of the approved landscaping. 11. The rear /side yards of the ten lots abutting Dodd Boulevard must be sodded to the Dodd Boulevard right -of -way line. A $1,000 cash escrow will be required to be submitted with the building permit applications for these ten lots to guarantee installation of the rear /side yard sodding. This escrow will be in addition to the two trees /lot and front /side yard sodding escrow required at the time of building permit for all single family lots. Dakota County, MN ROSE CREEK IA.L PLAT , r EXHIBIT A � IYZ9 069(156) XVJ H09 069(196) WHd / —� —S NN '31-3M 'A '1S MS91 •IS01 N R O trtss M r>w�N9 'ocl aN zA w .N3 o�S s Z � 1 _ .LNZNdOlaASa 3MV'I 3SOH SH UIOnS / SN33NgN3 / SN3NNVld 1 LV1d A21VN�73�Id a a Z o o 1053NNUl 3ul IN *H S X33HO 3SOB '1 R 1 a a a g �. v fli I Al2 I Al it'd = i t s a d Z °� UI < aRiwW sI -� w a- -1 1.O�� x, as . §gip oaopwaoa IM I wa�a a 52x25 aa� F = I a S JOI ,l oos r Lr -� " 3 I ; \ \ °'a,� F OO �OJ % 1 A� t 1 I 1 � u'�� � r• 1 1 � �s� .r . _ . "k " �' "3. � V"ta 6' \ Loa \ )\ \ Q w n is j1Y Nn B Lo Ld j l Li CJ I I � �_ •_ I_ +r2 11 _ `"" \ � %� ^ a te — ��� a 1 C I���a N: V- .� � IS & T• t z EXHIBIT B EXHIBIT C a == q Qm o §kg zp < �oQ <e n 3 ' — 3 l0 9Y.005 9VOLC — — — — — — — — — — — EXHIBIT C a == q Qm o §kg zp I I 3 ' — 3 l0 9Y.005 9VOLC — — — — — — — — — — — I \ � co OOO �J & 1 I °Ice O N 8 \ E� (n I C() w LO cc LO M Op Ld -'� — ✓ In fi c0 m m \` — Ld C :? _ <C < N �.' a `a�� \c ^ W "I mow^ In \ LLJ kq oc �k: a Cam/ CAF_ ec to Ic g� F2 ♦ 'S�g Z 0 4a>s EXHIBIT C "Z9- W(ZS6) WJ »09 -OWN6) - MM X LPM NA 7—Q 'OZLn S'D 'a9 'AU 'M OWZ i "- '31W3 "M 'JS MO rM,�VI r � �r�L fie,1LS01 JX.zKd(naAza �1m SsOH m a a a Z ° 6 I i IJi? Z 5210A mns / Sa33NYJN3 / SM3NNVld { 1V9d ISOH`J — rLIOM dM YM 16PId '3rinax.�t ¢ g _ < 0 . w 2 P P P & w n r 'ouI IIIH 'H sawed riOS3nwn x�allo �sog m ° a CJ I - '- I F 1•C y�� CJ I I I CS rI� IJ� ' JF - ALL 1 F- IJ C> O d c .0 \ 4� 4 S bfl) F J � 3 fl bb A 3 fit",'- I I L J F J I � 6 nn -Jv� v IA �� ^\1\_1lnl n1/tll l/1 (.1 VIn1 - l - T� - 1 �'YI_ 1IJC] I rr.� V lvl „v IVL/IyIV / \(]V11V J J IJ \ /V � c ( (. I W9 -WZ96) 03 Wg- DWZ96) 7NOHd swss nn '-11— �s ,uss, mso, cttss Nn 7rWWV 'oZi 3ms 'ZO 18 X3 .M aosZ m3YQ maAaa 33M `3 S02I Sb0A3Aans / S833NION3 / S83NNVld J3aiS 3ILLL 0 vios3NNm •anv,3�m w a m 'o U) E- 4- -, W °(-o Lr) M N Z E..I..� N W � 0 N o U) W m a J � W Z > pil 5; x W U- Z_ Y I W `4 I— O wW LLJ >a r Y V1W xV) N �N po O ,� Q4 w L r ) 0 , w z o �, o w �oX w n -�W -- F j J a � x a t II A <� YoW II L' g_� E 4 o00 e o tt.o a o o n U) E- 4- -, W °(-o Lr) M N Z E..I..� N W � 0 N o U) W m a J � W Z > pil 5; x W U- Z_ Y I W `4 I— O wW LLJ >a r Y V1W xV) N �N po O ,� Q4 w L r ) 0 , w z o �, o w �oX r c ii m oz R� z 6 ; z. ?5�r °fie a a�zs ale � a bi sass '�aa �W�5 e i I I q<Wp a o` zW J <. -g � ¢ _ m� Q.. IT E _� «__� «_ m2m /a�� aN ® U� ■ \aiaAaa � ZSa _ xOvmoamians §§ 2 §§ .3 � ' IM 'H S§W■� 2a /o# |� W � Q Z_ �!) fit) � � X � W ` d zi )/� \\ cr) Q Z_ Q �!© �(j p {G cn!/ O CL O ry Q- 4 » 0 )� §k! �)a . co } \ \\ \��� ' \\\ �\ �\ } ; »% )/ )« J7\[ 7 ) ` q ®r! !ten| 2| |2 Mg }}§\ /{{ Hi W � Q Z_ �!) fit) � � X � W HZ9 OWZ66) -"Y "M -MONd l 6055.. 3i1N3NVl'. '15.— filSLl O cuss M 7—M oZI "IS 'Zi ny ua M W;Z d afid(YMAM MI `d SOH sam3uns / S833NION3 / SN3NNVld NY7d 7OUR00 SN�Q08S IP NOISONd 7YNId ' V1053— '3iiN3NV1 Qm O 'DUI II!H 'H SOWOP _ xaaxo a 'm dg p d i \ o b q < _ 8 8 E� P . n II n ( I L9W J I 1 I rm\ �oco� zsov �1pS' rr o m � w \ T �\ 1 � e5a� - - n ZT� 1 1 -. a I \\✓ O. � Z ,I K O 4 NOD I l� IT G HZ9-069(ZS6) %VJ 6609- 068(ZS6) 3NONd HOff NN '311N3NVl "M 1S .991 61901 O LCM NN '31-13 'OZI --S'Zt T d 'u0 'M 0"Z ' `�Kd�`�`'�a ` � ''�'S HOJ w� O 4 � Um N SNO.k ANnS / S833NION3 / SONNVld ffm 10=00 mmaaS V NOISOad TYlQd OS3NNIN 'N3NYl Q O r W U H n 'DUI 11IH 'H SOWUP x��xo 3T sox a Ag :e<S ni _ - <�� m� < ° ggEm w ? bg Yg otl - - - F '6'0 0 $¢ oho pG$ w�F ts' ° n z� � WaoFN A Ii I 1 I r , I a Q RZOL UDI I 1 oaol pw L � � I � zr� d I JJ� I 41 s �( r 1 xol afo ' � 1 ;. i gg '# /1 .II WZ9- 068(zs6) :XV1 W9- 068(256) 73NoHd - row .. 'm .s rusz, 6— [ffSS Nn AOZI Lf5 'Zt ba '+47 'M OO9Z JNZNd0'I3A3Q aX" 3SOH and m W p = - S80A3AN" / S633NION3 / S83NNtlld NPId 70H1N00 1N�D1[08S N HOISOlCi !YN(d o o s 4 " y U ry V1053NNIry '3T1N3NV'1 � Q m � .�u' H Si er Mao asoH n z. - oo kFOss gz S o l o on �. PF n rKy o ,R a o oW, ES n I z gW 10 �� II n?,:. ZVM � r V, La At U' ,t - _ '.1, 1 1 a a le � - �� �/ �i - 1 .�� 1, t�om. z W9-069(M) % y : 2 m2@s SN33NION3 /a m ° _ ou ,om@km�mx ate ;( \) 2§§ V '11!H '8 SOWBr 2a3HD a s03 |� > §\ ( \. \ §/4 § ) \ ( \ § I !4[ / ;/: # §i - \( - aJ a 2g \i §§ � \ { ƒ /'6!© ;&!Ra |[ � & \§ §/ §: \ ) 2 \\ \/ / ~�.� �� EDO . I , r � � v } } \q / \ \AOggq' } \ § � ? » )( WZ9-069(Z96) :P3 Y609-WOU96) SNOW LLi9S NR 3lwtwn8 'OZ4 MMS 'Z6 'n8 'u0 M OOSZ / OSS Nn ' "M '1S H1994 64504 JbMdOf1aAaQ 33M 3SOH m a J ? 'IVNI3 a O LL O O S800AP, / SaIWON3 / S83NNVld NtlxId Kffluaa v Offlav I o n 5 mr n h ul IN 'H sawed OUNNIR '3Tn3Ntl1 XMID asox ¢ U O a '\ i ° zoo iy ^a \ s 1 i S^ l0 1 r (rte. 1 6 O e j ,/ — CJ�RCg I" I 1 � Y o ` P\'Y , / � L ' �a`�a �' I I off„ o, p•�p <� o yp \ ,o � �,� \ c 4 Lc t0a9♦ \ ' \p V W S\OAy .. \ � `- � � _ ga � 1 529''. /� �' ,A.f- , / p - O • e' a? Rot "" 1 ` °�'' o'•• - ��— no A — 0_NdAV - HtlVd ° o 3� o �T8"� ��� $ R r� I� ,a ^ \ \ \° )°'� j � ,\:. Q � � \og�0 �oAs (Y 4't1Y' a K o i 3 v i O`', d$ Vim} se, Lag' j g P\ ZNQ: / •\ \ Q. — °� 4 mo Q ° 1 - 7 \ I I � 3 I L ..._ I c EXHIBY H W9 'XVJ W9 066(256) 3NDHd Lfm NN 7-1-16 'OZI X125 '4 '9N '. 3 M OOSZ S80A3AOS / SOBION3 / S83NNVld 19095 N6 '313N W - M '1S .991 61904 JXaKdO'I'aARa M7 H kmcl '3)VA WHG v 9HIQVHf) Mim m I � < 1 o O ^ G O F n "m " h •�ul uiH • a sawed V10S3NMW '3TA3N xsago asoa W Q H °~ o a I 7 L — I I a LIJ > I / LIJ CJ < LI— i I I .'LIJ +c � a c` J \ R 1 i C r3 S a^ — I a Q o �. S x x o oo e Q N� : I CF , ^o l 1 , o R io ° 0 020 0 I QjQ XxT\ \\ \ $ a\ , 1 r j 1 3+ Ig I N 1 o` � •, \ \ \ e O \ 11 a� g 1 IXO �- moo 1 94 1 1 I 116 0- 1 1 � �\ 11 ", ��. ndr� . P .bay •°'� dQ 1 1 1 Ci r o w � a `e6 s ' C O� ' O g � 1 - - - -_ ocol -Zp, "Z9-069(ZS6) WJ H09-069(M) :3NOHd LnV9 NN 7MIMV9 'OZI IM 'ZV vN 'uO M OO9Z S210A3A21f)S / S833NION3 / Si13NNVld ' II!H • a sawed t 099 N" '313N W "M 1S X19511 64501 INMd(yZaeaa am asoa NH Id �M v JVV2Ia JMQV?IJ 'IVHI3 V10S3N.. '3 13_ xMao ssox m h o� ° 2 s � a LL^ N Z % O It "� isBQ oks� aaa O Q 'P = Q% v r o pOm a p II d' 1 1\ C , J C) 2 : �\ �t � o , qaxs c:a awl i.s any jai .a q a ' j �A►,` = ' ;o: •'�`� °fi A r Q F M F � Q ° o � isBQ oks� aaa O Q 'P = Q% v r o pOm a p II d' 1 1\ C , J C) 2 : �\ �t � o , qaxs c:a awl i.s any jai .a q a ' j �A►,` = ' ;o: •'�`� °fi A r "Z9- 069(Z96) %tlf H09-069(ZS6) 3WRd t 99 NN `3i1N3Ntll '. '19 .99, 61901 cress Nn 7rmPWg 'OZI XMS 'z* nN .-3 .M 009Z MaKd0'ISAW ;DIn 3S02I m o W n ? ^ n S80.k3AdnS / S833NION3 / S83NNVId Nvid 'HOYNIVIIQ V ` XIMI`J 7VKM tl10S3NN1Y1 '3TN3Ntll K W U H O '�u1 11IH 'H SO xssxo s sox ° x ax _ \ Q I I I I I \ ♦\ O I I I \�♦ I ♦ ♦ ♦ I II I j I I � I \ ♦ ♦ \ ♦\ \�♦ \` I i 1 I i ____ Vii. ,� ♦ p 8 R`� i i. 3 i , i ___,� - -- -S02 00 1 Oki, ��" d�`. ♦\ �( /I �o I l 0 1 °� i Al � ♦ \\�\ \ \\ ' 1 I ♦ ,ova a`' �,� �9j °- e o ` � \\ >�♦ �♦ f Y _ � � J �\ V I Y �+ e I "Z9- DWZS6) -OJ "09-WZ96) :' "' • LfM NN 71--M 'OZI AM 1, oN 'u0 M OOSZ OSS NN '311M3MVl 'M *IS K991 61$01 .LNaKdOgaAaa `.�IV'I 3SO2I 0] O N kl w O LL r O SHOA3AMS / S833NIJN3 / SONNYId XY'Id x.LPILLfl V 014IMD WN A � ' II!H 'H sawed V1053NNIN '3nM3JlV1 xagxo O O\ W� UN �� a asox Qo a. CIO F ° S/ 1 1 ? ��J' Q R 11 �o i I �•�� II �° ,�° � � ix � d9• �> a I .. - x I S i o •, � ,� >�! � r _ 1 1�� �', I ils Iii � •� °� �' ^ < � ��. � r °p ao °.`$ � v r r —� fj ZVO I l Aq — ,Y NINd LO � E as z _� n I \\ \\ \� 1 ° •\ -:, O \\ �J��OZ o y`O `p �. J�A �R sceR �o ° II s o,o +s dam° `0 ° /�/ I� �tib'' O 'S O' M�� K N Ie IT a °� a x°�oo a — o l P I ci r M t cj VZ I� =R I L a p T I 8 \ _ a ° < L Bg b . \ G " O I M I I 4YZ9 -069(Z96) XVJ H09-069(Z96) SNOW '31. 'OZI 'ZIP 'µ3 F Cross Nn '—.3W ". '19 H1991 61901 IMaKdo'IaA3(l MINT asoa } n N I I � L J , I — w�a wd Z I LfC99 N!1 —B -S vN M 005Z � M Nm.l 'IVM.i m _ Fj Z < s , g o I F S80.k ndnS / Sd33NION3 / SN3NNVld � ozol xvict Ad.PI in v f)mi IJ I I � � Y I 1 _ 1: f Nf u l IN 'm S, wed I I tl1093NNIN - 31 31WI xHMO asox W � U r O a mu�imv°i, vv v I \ �F �3 z _ \ n F 7 II =00 L RX I I � L J , I — w�a no, � � I l / � M Nm.l J �`......... ZF0 I _ Fj a �5=oo < s , g o I F mu�imv°i, vv v I \ �F �3 z _ \ n I 7 II =00 L I I � L J , I LIJ no, � � I l / � M Nm.l J �`......... ZF0 I _ Fj a �5=oo < r 1 I � ozol J I I � � Y I 1 _ 1: f 1 e a`W� I I mu�imv°i, vv v I \ �F �3 z _ \ n - ^o \ II =00 lF) \ 1 o \ 1 I e o� i r i S i 4 1 1 I � E I II • L c1 -.- .. '0�� � Vii;; A / ` N -_ ` II =00 lF) \ 1 o \ 1 OZ i r saA I I � � r 1 I 1 1 R ' 1 _ 1: ,o r I 1 e a`W� s M N 1 A"� 1018.9 , �G of 1049. 8 NA .G ' l Alm. E I II • L c1 -.- .. '0�� � Vii;; A / ` N -_ ` HZ9- 0WZ56) WJ "N-06 N6) I 1DNd Zcss's xn 7—C '6ZI -.s 'ZV nS .-3 .M u6sz suss - '3nn3mn '. is .99, i NaKd0'I3A3Q aM 21S02I m �J z Saox3nans / sa33N19N3 / sa3NNnd 1QVId ALIIIJf1 `JIIIQV2IJ TVNL3 k' : ° E N u 'Oul II'�'1 e8 SOLUBP 1053NNm '3TN3�s1 xHMO a soa o\ W U N 0 A Qo �Y U Z > - Or sp W SS it ✓ zen§ °� o f 00 D IY a � 2 • Z 2 � � n <� / � \i y'e '�j / p -g: \\ \ ``��, I I II I C i i 5, lao ao" �p Ir o ,\ vv ����� �0 �o ° � O �' ,' �• v < <o. O / / 1 0 1, C J y t M1 "N-M(M) 'XV3 H09-OWZ96) 3NONd } �� 19 � ..p dV lJll'LLLL Wl� 1 M1ry' }3r1�1N�31M�V1/� "M1�15� }H{I�1S" e1 'LLS�Q "' Z ,} / Vl 1 LffSS NII ],MVbl6 'OZl 3u5 'Z* 98 'u0 M WSZ WllLLll m R.1 a O 4 H N n SHOA3A? M / S833NION3 / $83NNVId xvgd AL = 2 8 JIZIQVuf) ivma 1053NMn '3Ttv3>•tll p u N C ul IIIH ' a SB xSaHo asox a - a z � o I I I 1 \ I I I I i I e§ I I _ i N r \ ' OD r ' P a� 'kp � �� r%3' $ �, � ,. :o "��' • \\ �`$. ' I\ I e G NG5S �60 fIOZ /OZ Z - �P'E�- � -f58ZZ W9- WP(ZS6) -03 �/09-069(ZS6) 3lOHd am NR 7---9 '0Z1 -S'Zk ntl '+3 'M 00SZ S80.k �df)S / S 833NION3 / S83NNYId � � ° a��•i° ffOSS NW '3L1N3MV1 "M 15 N1591 61501 ,,MZWd0'IaA3(I MINT 3so2I Knd A, MIn 'IVNId 4 i u m 'DUI IIIH •H sawed tl1OS3NNIM '3 A3� xaauo asoa a p k _lL _ \ ¢ -- 1 - -- - -� o } \ \ I 1 5 > - < Go / yyy M LO I 1 1 e - \ LO LLI II '� \\ \\ 080` •p' 'w \\ c0 ^ \ \ �I Z�- I I 6k£'_£ oo LO eR erg q7 'z s r L W ��_ Y O m � I I Ir n N r ---- - - - - -- - I------- - - - - -- \\ G \ I I I 'p I I \ I [ ] I L J hI R I < : '- 0 0 _ C d C) \ I `'' EXHIBI "ZS -WZ96) 03 "N-068(ZS6) 3JONd L= MI ---C 'OZI -S 'ZY nN 'u3 'M ODSZ S210A3AWS / S833NION3 / Sd3NNVld ZWW : to OSS NM '-3J 'M 1S HIM 61501 ZNai Nciami `mm `asoa NV'Id x= in ' HIA m a 0 0 O s 4 o 2 n r a 'DUI IN •a sawef o Y1053NNIM '3M1 NY1 3 x���� �SO� K n W z a ry W� O 0 I 1 \ \I> > rY U2 1 rc L -_ -- > Op -00 1 1 •- \\ \� CN W( Z N 1 I L � \ t / I > 0 0 ) � 11 4• a ' aJ� /yq, , pad , a a \ r J I c > S 11'11 CV _ z3zz Li T.0 ru k _ P i e ^aQR � N o \\ < ' I 1 \ \I> > rY U2 1 rc L -_ -- > Op -00 1 1 •- \\ \� CN W( Z N 1 I L � \ t / I > 0 0 ) � 11 4• a ' aJ� /yq, , pad , a a \ r J I c > S 11'11 CV _ z3zz Li T.0 ru i e ^aQR � N \\ .�� z UZ ` r�= i = in _ L------- � - - - _, /> W9- M(Z96) :XYJ 6109- 069(M) 3NN4d Ls�eNma �� VVM NW '3T 3N 'M 15 HISS{ 61901 MG NN'31MM% 'OZI LW9 'ZY 19 'uO 'M OOSZ � -� �I�I�IaNddIaAa(l a)M Hsou m W o O � � _ � N S210A3A21fIS / S833NI0N3 / S213NNVld mncl A.LP iln 'IVNI3 tl1053NNIW '3TM3NY1 Q a 5 R m" ' 11IH 'H SOWBP x2121xO H sox g o€ o� a N \ I I / co I s I 22�i // R \ \\ az > '�8. C A. LO LO 00 ( wnQ ff Z A o;z % v /' //' \ •\ \✓ '' :a En u � Wd.S -t0 f10Z OZ Z - �.- 5 /1Z9-068(ZS6) YVJ �109-068(ZS6) 310Ni LN99 NM 71 w@ 'OZI M'ZY 9N 'u0 ',M OOSZ S80A3A2 , / S833N0N3 / S83NNYId �0 "s.a "�o a WSS NN '3nN31Yt "M, 'IS NlS9I 61501 iNSWdoaima ` � asoa m"cl A.LPula 'IVNI3 m o oo Z s I,- 4 o� 2 6 •�ul `11iH •8 sawed �� w.: V1053NNIM3 N3NV }Ia'suo asoa �� W UN pry u A Q c' Y P K , `. x' =_a 1 b j e: I � � , I — yWJ / _ I 0>Z co I / �n e 4d• 'E U i > /_ iQ i I uroa'dnolBu6rsep*.gn�ylry .lew -e uwo'tlraiBuB�epx(leo "NU<x. ]awe1W 8605'VEf'LS9 euoydeq] � �' nc a SOL99 NW'FTed'IWe$ enuentl AelalVOfl f95 L xru, BuluugduBMeU epeu�gm SU lyaap4auyedn9 M L or all `dnojE) uBEsen xAje3 3a ip`etl f 93 SF i33 � � � NhNHH A 34g EF 3 LU esEte ei ���l:a?E!r I \ @3�k yy¢g Ey 8y8@ o- i� g : a�naE E6� §b3 J�� O w a w u sEE3F �? SSE 68 EEF P @dE D Z U m < o CL RR C S � 1 1�'i Mf $ ggg n � 0 #Z w �iE e0 E s ,1x E Q £g I£gF S Q It g g B eiO ® z x g c z i3 1tOSS NYI '311M3 '. '1S .99I 9190E 1MaWd(YI3A3Q EM MA m ? 2 1� � 1� 2 J C E �F a €i .Is4: Z€ $ p �cTVD p � 1gJ l I F{ � r � cl Z SM )m x m Run O S G'� ° m ' W i N o N V1OS3NNIN 3TIMW MHO asoa a $ ggg n � 0 #Z w �iE e0 E s ,1x E Q £g I£gF S Q It g g B eiO ® z x g c z i3 d a ? 2 1� � 1� 2 J C E �F a €i .Is4: Z€ 9 '4 a Q O [��11� $ ggg n � 0 #Z w �iE e0 E s ,1x E Q £g I£gF S Q It g g B eiO ® z x g c z K i3 d e w a &�@ @F 7£ • E .+ .d EEe ,; a d E �F a €i .Is4: Z€ 9 '4 a Q O [��11� K Dakota County Surveyor's Office Western Service Center • 14955 Galaxie Avenue suite # 335 • Apple Valley, MN 55124 952- 891 -7087 • Fax 952 - 891 -7127 • www.dakotacounty.us February 14, 2013 City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: ROSE CREEK The Dakota County Plat Commission met on February 11, 2013, to consider the final plan of the above referenced plat. The plat is adjacent to CR 9, and is therefore subject to the Dakota County Contiguous Plat Ordinance. There were some minor revisions to the plat and another review was required. The revisions include the addition of residential lots, construction /extension of 179 Street to the west, and exclusion of Outlot E lying southeasterly of CSAH 9. Restricted access is shown along all of CSAH 9 except for the one access opening at Hyde Park Avenue. A quit claim deed to Dakota County for restricted access is required at the time of recording the plat mylars. The Plat Commission has approved the preliminary and final plat and will recommend approval to the County Board of Commissioners when the plat is submitted in signed mylar form. Mylars should be submitted to the County Board within one year of the Plat Commission's final approval. Traffic volumes on CR 9 are 11,200 and are anticipated to be 21,400 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891 -7070. Sincerely, �d Todd B. Tollefson Secretary, Plat Commission EXHIBIT L City of Lakeville Public Works- Engineering Division Memorandum To: Daryl Morey, Planning Director From: Tom Kellogg, WSB & Associates, Inc. McKenzie Cafferty, Environmental Resources Manager Copy: Zach Johnson, City Engineer Dennis Feller, Finance Director Brett Altergott, Parks and Recreation Director Gene Abbott, Building Official Date: February 28, 2013 Subject: Rose Creek • Final Plat Review • Final Grading Plan Review • Final Erosion Control Plan Review • Final Utility Plan Review • Final Tree Preservation Plan BACKGROUND Rose Lake Development has submitted a final plat named Rose Creek. The preliminary plat was approved by the City Council on December 17, 2012. The subdivision is located northwest of and adjacent to Dodd Boulevard (CSAH 9), northeast of 183 Street and south of 178t' Street /Hickory Trail. The parent parcel consists of a metes and bounds parcel (PID 220170025020). The City has agreed to negotiate a real estate agreement with the Developer to purchase a portion of City -owned Outlot B, King Creek Greenway Addition. Outlot B, King Creek Greenway Addition will be administratively subdivided with the final plat to complete the real estate transaction. The area of the parent parcel north of the creek is zoned RS -3, Single Family Residential District, and the area south of the creek is zoned RST -2, Single Family and Two Family Residential District. The final plat consists of forty -nine (49) single - family lots and three (3) outlots on 29.73 acres. The Developer is also dedicating 2.47 acres of right -of -way for Dodd Boulevard (CSAH 9). The outlots created, as shown on the final plat, will have the following uses: ROSE CREEK FINAL PLAT FEBRUARY 28, 2013 PAGE 2 Outlot A: Stormwater treatment and filtration basin and wetland; to be deeded to the City (6.54 acres) Outlot B: Wetland Complex; to be deeded to the City (2.26 acres) Outlot C: Future residential development; to be deeded to the City (0.01 acres) The proposed development will be completed by: Developer: Rose Lake Development Engineer /Surveyor: James R. Hill, Inc. SITE CONDITIONS The majority of the Rose Creek site consists of vacant undeveloped land previously used for agricultural purposes. There is a small grove of trees in the center of the site and there is a creek and delineated wetland that bisects the site running west to east. The land generally slopes from the north and south towards the creek with moderate to steep slopes. STREET AND SUBDIVISION LAYOUT Dodd Boulevard (CSAH 9) Rose Creek is located northwest of and immediately adjacent to Dodd Boulevard. Dodd Boulevard is under the jurisdiction of Dakota County and is identified in the City of Lakeville Comprehensive Transportation Plan as an A -Minor Arterial. Dodd Boulevard adjacent to the site transitions from a four -lane divided urban roadway at the west end to a two -lane undivided rural roadway at the east end. The Dakota County Plat Review Needs Map indicates a half right -of -way requirement of 75 feet and designates this roadway as a future four -lane divided roadway over its entire length. The Developer is dedicating 75 feet of right - of -way as shown on the final plat. The final plat was approved by the Dakota County Plat Commission on February 11, 2013. The County's current Capital Improvement Plan includes the reconstruction of Dodd Boulevard to a four -lane divided roadway in 2013, from 183'd Street to Hayes Avenue. In lieu of the cash fee for the future upgrade of Dodd Boulevard, the Developer is dedicating the required Dodd Boulevard right -of -way for the 2013 Improvement Project (City Project 09- 05). Dakota County will be constructing the improvements to Dodd Boulevard in 2013. The Developer is responsible for 45% of the costs associated with the construction of the southwest bound right turn lane on Dodd Boulevard at Hyde Park Avenue. The fee is calculated as follows based on the construction cost estimate provided by the developer's engineer and will be paid with the final plat: ROSE CREEK FINAL PLAT FEBRUARY 28, 2013 PAGE 3 $39,908.65 x 45% _ $17,958.89 Right Turn Lane Cost Estimate Developer's Share Total Hyde Park Avenue Development of Rose Creek includes the extension of Hyde Park Avenue, a minor collector roadway. Hyde Park Avenue is designed as a 40 -foot wide, two -lane urban street with concrete sidewalks along both sides. The roadway will transition to 44 -feet in width as it approaches Dodd Boulevard to accommodate the required turn lanes. The Developer is dedicating 80 feet of right -of -way as required for a minor collector roadway. The road will be extended from its terminus in the Zweber Farm development to Dodd Boulevard. Driveway access for Lot 18, Block 5 is restricted to Hydra Circle and driveway access for Lot 18, Block 4 must be located a minimum of 50 -feet from the Dodd Boulevard right -of -way and as far north as possible. 179th Street Development of Rose Creek includes the construction of 179th Street, a local street. 179th Street is designed as a 32 -foot wide, two -lane urban street with a 5 -foot concrete sidewalk along one side. The Developer is dedicating 60 feet of right -of -way. A "Future Street Extension" sign and barricades must be placed at the west end of 179 Street until the street is extended in the future. A temporary cul -de -sac must be constructed at the west end of 179th Street and the turnaround must be paved within one year if the street is not extended. The Developer must furnish a cash escrow in the amount of $2,500 for the removal and restoration of the temporary turn - around with the final plat. Hydra Circle Development of Rose Creek includes the construction of Hydra Circle, a local cul -de -sac street. Hydra Circle is designed as a 28 -foot wide, two -lane urban street with a 45 -foot radius at the cul -de -sac. The Developer is dedicating 50 -feet of right -of -way along the 28 -foot wide street portion and 60 -feet of right -of -way around the cul -de -sac. Hydra Court Development of Rose Creek includes the construction of Hydra Court a local cul -de -sac street. Hydra Court is designed as a 28 -foot wide, two -lane urban street with a 45 -foot radius at the cul -de -sac. The Developer is dedicating 50 -feet of right -of -way along the 28 -foot wide street portion and 60 -feet of right -of -way around the cul -de -sac. Ghost Plat The Rose Creek final plat includes a ghost plat for the adjacent City -owned parcels (Outlots B & D, King Creek Greenway Addition). The ghost plat incorporates a conceptual single family residential layout that provides a roadway connection between 179th Street and 183rd Street. The City reserves the right to increase the street sections at the time of construction based upon site conditions. Building permits for Rose Creek, except for model home permits as ROSE CREEK FINAL PLAT FEBRUARY 28, 2013 PAGE 4 allowed by the zoning ordinance, shall not be issued until the concrete curb and gutter and bituminous base pavement have been installed. CONSTRUCTION ACCESS Construction access and egress for grading, public utility installation and street construction must be from the intersection of Dodd Boulevard and Hyde Park Avenue. No construction access shall be permitted through the existing subdivisions to the north. PARKS, TRAILS AND SIDEWALKS The City's Parks, Trails and Open Space Plan does not designate any area within the proposed plat as future park land. Development of Rose Creek includes the construction of public concrete sidewalks. Concrete sidewalks will be constructed along one side of 179th Street and both sides of the minor collector street Hyde Park Avenue, except the west side north of 179th Street. The City's Parks, Trails and Open Space Plan identifies future bituminous trails along the greenway corridor adjacent to the creek. The Developer will rough -grade the trail base within the greenway corridor and shall be responsible for 100% of the costs for the grading and restoration. The Developer will rough -grade and restore the trail base within the greenway corridor within both Outlots A and B as shown on the final plat plans. Development of Rose Creek includes the construction of a public bituminous trail. The City's Parks, Trails and Open Space Plan identifies a future bituminous trail along the northwest side of Dodd Boulevard. The Dodd Boulevard trail will be constructed by Dakota County in 2013 (City Project 09 -05). The Developer shall pay a cash escrow for the Developer's 5 /8th portion of the trail construction cost for the Dodd Boulevard trail, consistent with City policy. The escrow will be based on an estimate provided by the Developer's engineer and will be applied to the Rose Creek final plat cash fees. The Dodd Boulevard Trail Construction Cash Fee is calculated as follows: $24,000.00 x 5/8 = $15,000.00 Total Estimated Cost Developer's Trail Total for Dodd Boulevard Trail Construction Cost Portion 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 based on the park dedication fee in effect at the time of final plat. The fee shall be applied to lots based on the following calculation: ROSE CREEK FINAL PLAT FEBRUARY 28, 2013 PAGE 5 49 units x $3,532.00 = $173,068.00 Single - Family Dwelling Units 2013 Park Dedication Total Fee Rate The balance due the City for park dedication and trail construction is calculated as follows: • Park Dedication Fee $173,068.00 • Dodd Boulevard Future Trail Improvements $ 15,000.00 • Balance $188,068.00 UTILITIES SANITARY SEWER: Rose Creek is located within subdistrict NC -22190 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 /Apple Valley /Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. The existing City -owned downstream facilities have sufficient capacity to serve the residential development. Development of Rose Creek 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. Until the trunk gravity system is extended to the development, a temporary sanitary sewer lift station and forcemain will sere the development. This lift station must be sized to sere the City's parcels (Outlots B & D, King Creek Greenway Addition). The temporary lift station will be located within an oversized public drainage and utility easement in between Lots 10 and 11, Block 4. The temporary lift station must be screened from the houses on Lot 10 and 11, Block 4 with landscaping that will be installed and paid for by the developer. The temporary lift station will be removed once the future trunk sanitary sewer line is extended. Four -inch forcemain will be installed within Hydra Court and Hyde Park Avenue to the existing eight -inch sanitary sewer located within Hyde Park Avenue at the northern plat boundary. The existing downstream lateral sanitary sewer has adequate capacity for flows generated from the proposed plat. The Developer is responsible for 100% of the costs associated with the temporary lift station and forcemain. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and will be paid with the final plat based on the rate in effect at the time of final plat. The charge is calculated as follows: 49 Lots x $307.00 = $15,043.00 Number of Lots in Final Plat Charge Per Lot Total ROSE CREEK FINAL PLAT FEBRUARY 28, 2013 PAGE 6 WATERMAIN Development of Rose Creek 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 Rose Creek will not be permitted until the as -built electronic files have been submitted and approved by City staff. DRAINAGE AND GRADING The final plat of Rose Creek lies within Subdistrict FO -44 of the Farmington Outlet Drainage District, as identified in the City's Water Resources Management Plan. Development of Rose Creek includes the construction of public stormwater basins and a filtration basin along the northeast corner of the parcel to collect and treat the stormwater runoff generated from the site. The stormwater basins and filtration basin will provide water quality treatment, skimming and rate control of the stormwater runoff generated within the Rose Creek subdivision. The public basins will be located within Outlot A (to be deeded to the City with the final plat). 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 till material are appropriately constructed. Building permits will not be issued until a soils report and an as -built certified grading plan, including the buffer yard berms along Dodd Boulevard 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. STORM SEWER Development of Rose Creek 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 located in Outlot A. Draintile construction is required in areas of non - granular soils within Rose Creek for the street sub -cuts 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. ROSE CREEK FINAL PLAT FEBRUARY 28, 2013 PAGE 7 The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and will be paid with the final plat at the rate in effect at the time of final plat. The Trunk Storm Sewer Area Charge is calculated as follows: Gross Area of Rose Creek Less Area of Outlot A (Public Stormwater Basin and Wetland) Less Area of Outlot B (Wetlands) Less Area of Dodd Boulevard Right -of -Way Total 808,062 s.f. x $0.167/s.f. = $134,946.35 Net Area of Rose Creek Area Charge Total 1,295,039 s.f. (-) 284,905 s.f. ( -) 98,399 s.f. ( -) 103,673 s.f. = 808,062 s.f. The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots A and B to the City, consistent with City policy. The credit is based on the area of the outlots, and is calculated at the rate of $5,500.00 per acre, and will be applied to the Rose Creek final plat cash fees. The credit is calculated as follows: 8.80 acres x $5,500 /acre. _ $48,400.00 Total Area of Outlots A and B Per Acre Credit Total The developer shall receive a credit to the Trunk Storm Sewer Area Charge for the construction of the box culvert under Hyde Park Avenue. The credit shall be 50% of the estimated box culvert construction cost including the headwalls. The credit is calculated as follows: $87,500.00 x 50% _ $43,750.00 Box Culvert and Headwall Estimated Cost City's Share Total The balance due the City for Storm Sewer Area Charge is calculated as follows: • Trunk Storm Water Area Charge $134,946.35 • Less Credit for Outlots A and B ( -)$ 48,400.00 • Less Box Culvert Credit ( -)$ 43,750.00 • Balance $ 42,796.35 Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. ROSE CREEK FINAL PLAT FEBRUARY 28, 2013 PAGE 8 WETLANDS The wetland delineation was completed by Mike Graham of Wenck Associates Inc. on June 29, 2012. There was one wetland /DNR Protected Water identified within the project boundaries. The development requires 0.17 acres of wetland impact due to a road crossing. The applicant plans to replace the impacted wetland at a 2:1 ratio (0.34 acres) from the Alan Bachman wetland bank. All wetlands and buffers will be located in outlots dedicated to the City. The Developer is responsible for the establishment of the wetland /watercourse buffer. The final plat submittal includes a seeding plan for the wetland /creek buffer areas. The plan includes native seed mix 36 -211. Clusters of native trees and shrubs must be planted in the buffer areas. The locations can be identified in the field with Environmental Resources staff. During the first five full growing seasons, the developer must replant buffer vegetation where the vegetative cover is less than ninety percent (90 %). The Notice of Application was sent out January 25, 2013. No comments were received during the comment period. The crossing of the DNR Protected Water is subject to review and approval from the DNR and Army Corps of Engineers. The developer has submitted the permits and applications and they are currently under agency review. TREE PRESERVATION A tree preservation plan was completed with the Rose Creek Preliminary Plat. The plan identifies a total of 529 significant trees within the site. The majority of the trees on the site are Box elder, Elm and Willow. The plan proposes to save 138 (26 %) trees mainly along the DNR waterway. The tree preservation plan satisfies City requirements. All "save" trees that are damaged or removed will require replacement at a ratio of 2:1 as per the Lakeville Subdivision Ordinance. The Developer is required to post security for tree preservation on an individual lot basis for each lot containing a "save" significant tree. The security is $1,500 for each lot with a "save" significant tree and $1,000 for each outlot with a "save" significant tree and is calculated as follows: Outlots A and B 2 Outlots @ $1,000.00 each = $ 2,000.00 LAND EXCHANGE The developer is proposing to purchase a portion of Outlot B, King Creek Greenway Addition that is currently owned by the City. In addition the developer is deeding remnant Outlot C to the City in exchange for the City allowing the 179th Street temporary cul -de -sac to be located within Outlot B, King Creek Greenway Addition. Dakota County's assessed value of the prorated portion of the property the developer is purchasing from the City to include in Lot 5, Block 1 and Lot 1, Block 2 is $3,982.65. ROSE CREEK FINAL PLAT FEBRUARY 28, 2013 PAGE 9 EROSION CONTROL The erosion control plan was reviewed and includes the following: • Gravel construction entrance are 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 infiltration areas by keeping heavy equipment out of basin areas during excavation. • Temporary checks and erosion control blanket are shown in swales and ditches. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water District. Additional measures shall be installed and maintained by the developer. SECURITIES The Developer will provide an Alternate Security Agreement and a 25% Letter of Credit as security for the Developer - installed improvements relating to Rose Creek. Construction costs are based upon estimates submitted by the Developer's engineer on February 11, 2013. ROSE CREEK FINAL PLAT FEBRUARY 28, 2013 PAGE 10 CONSTRUCTION COSTS Sanitary Sewer Watermain Storm Sewer Street Construction Erosion Control, Stormwater and Filtration Basins, Restoration and Grading Certification SUBTOTAL - CONSTRUCTION COSTS OTHER COSTS Developer's Design (6.0 %) Developer's Construction Survey (2.5 %) City's Legal Expense (0.5 %) City Construction Observation (7.0 %) Developer's Record Drawing (0.5 %) Wetland Mitigation /Signs Tree Preservation Landscaping Street Lights Lot Corners /Iron Monuments SUBTOTAL - OTHER COSTS TOTAL PROJECT SECURITY $ 348,959.20 242,078.00 229,364.00 458,822.50 310,983.50 $ 1,590,207.20 $ 95,412.43 39,755.18 7,951.04 111,314.50 7,951.04 13,339.32 2,000.00 65,561.00 10,200.00 5,200.00 $ 354,684.51 $1,944,891.71 The street light security totals $10,200.00 which consists of one mast -arm street light at $1,200.00 and ten post -top street lights at $900.00 each. The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot /outlot for a total of $5,200.00. 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 $2,500 which includes four street /stop combination signs, four 9- button delineator signs, and one speed limit signs. If the street posts are installed in frost conditions, the Developer will pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses will be paid with the final plat and is calculated as follows: ROSE CREEK FINAL PLAT FEBRUARY 28, 2013 PAGE 11 49 units x $7.80 /unit /qtr. x 4 gtrs. = $1,528.80 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: 49 units x $7.00 /unit /qtr. x 4 gtrs. = $1,372.00 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: 52 lots x $75.00 /unit = $3,900.00 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 (3.25 %) of the estimated construction cost, or $51,681.73. CASH REQUIREMENTS Dodd Boulevard Right Turn Lane Improvements $ 17,958.89 Dodd Boulevard Trail 15,000.00 179th St. Temporary Turnaround Removal 2,500.00 Park Dedication Fee 173,068.00 Developer Land Purchase from City 3,982.65 Sanitary Sewer Availability Charge 15,043.00 Trunk Storm Sewer Area Charge 134,946.35 Traffic Control Signs 2,500.00 Streetlight Operating Fee 1,528.80 Surface Water Management Fee 1,372.00 City Base Map Updating Fee 3,900.00 City Engineering Administration (3.0 %) 47,706.22 SUBTOTAL - CASH REQUIREMENTS $ 419,505.91 CREDITS TO THE CASH REQUIREMENTS Trunk Sanitary Sewer Credit (Box Culvert) $43,750.00 Outlots A and B (Deeded to the City) 48,400.00 SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 92,150.00 TOTAL CASH REQUIREMENTS $ 327,355.91 ROSE CREEK FINAL PLAT FEBRUARY 28, 2013 PAGE 12 RECOMMENDATION Engineering recommends approval of the Rose Creek final plat, final grading plan, final erosion control plan, final utility plan, and final tree preservation plan subject to the requirements and stipulations of this report and the following: The City and Developer must enter into a real estate transaction for the area of the final plat that is within City -owned Outlot B, King Creek Greenway Addition.