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HomeMy WebLinkAboutItem 06.gApril 10, 2013 Shady Oak Grove 4 Addition Preliminary and Final Plat April 15, 2013 City Council Meeting Item No. Proposed Action Staff recommends adoption of the following motion: move to approve a resolution approving the preliminary, and final plat of Shady Oak Grove 4' Addition. Adoption of this motion will allow the development of two single family lots within the Shady Oak Grove subdivision. Overview In 2007, the City Council approved the final plat of Shady Oak Grove Second Addition, as proposed by Brent Crego, the developer. The development consisted of four single family lots and one outlot on 2.09 acres of land located within the Shady Oak Grove development on the west side of Irvine Way. Due to the declining housing market Mr. Crego was unable to sell the lots. In May of 2009, the Planning Commission and City Council approved Mr. Crego's request to replat the area back into an outlot to be known as Outlot A, Shady Oak Grove Third Addition. David McNutt has since purchased the property from Brent Crego and submitted a preliminary and final plat application to subdivide Outlot A, Shady Oak Grove Third Addition into two single - family lots to be known as Shady Oak Grove 4th Addition. At their April 4, 2013 meeting, the Planning Commission held a public hearing and recommended approval of the preliminary and final plat on a vote of 4 -0. There was public comment from one neighboring resident in support of the proposed development. The Parks, Recreation & Natural Resources Committee unanimously recommended approval of the preliminary and final plat at approval of the Shady Oak Grove 4th Addition planning and engineering reports. Primary Issues to Consider • None. their April 3, 2013 meeting. Staff also recommends preliminary and final plat as outlined in the attached Supporting Information • Resolution approving the Shady Oak Grove 4t Addition final plat. • Signed Development Contract. April 4, 2013 Draft Planning Commission Meeting Minutes. April 3, 2013 Draft Parks, Recreation and Natural Resources Committee Meeting Minutes. March 29, 2013 Planning and Engineering Reports. nen, AICP, Associate Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Subdivision and Zoning Ordinances Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF SHADY OAK GROVE FOURTH ADDITION WHEREAS, the owner of the plat described as Shady Oak Grove Fourth Addition has requested preliminary and final plat approval; and WHEREAS, the preliminary and final plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; and WHEREAS, the preliminary and final plat is acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The preliminary and final plat of Shady Oak Grove Fourth Addition is hereby approved subject to the developer's execution of the development contract and security requirements. 2. The Mayor and City Clerk are hereby directed to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. APPROVED AND ADOPTED this 15 day of April 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 15 day of April, 2013, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) (reserved for recording information) DEVELOPMENT CONTRACT FOR SHADY OAK GROVE FOURTHADDITION AGREEMENT dated , 2013, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and MC2 PARTNERS, LLC, a Minnesota limited liability company (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Shady Oak Grove Fourth Addition (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: Outlot A, Shady Oak Grove Third Addition, according to the recorded plat thereof, Dakota County, Minnesota. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this 169501v1 i agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, and 3) the necessary insurance for the Developer and its construction contractors has been received by the City. In addition, the City will not issue a permit for more than one structure until the plat is filed with the office of the Dakota County Recorder or Registrar of Titles. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi - phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans may be prepared, subject to the City Engineer's approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B 169501v1 2 without City Council approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the City Code concerning erosion and drainage and Section 4 -1-4 -2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer 169501v1 3 shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part -time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a pre - construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights -of -Way B. MnDot for State Highway Access 169501v1 4 C. MnDot for Work in Right -of -Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewaterng and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2013, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose 169501v1 5 additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City's current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except one model home permit on a lot acceptable to the Building Official), the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas /stockpiles, and installed "conservation area" posts; and c) lot comer 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 169501v1 Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as -built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as -built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as -built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. A certified as -built building pad survey must be submitted and approved for commercial, industrial or institutional developments prior to issuance of a building permit. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in -house engineering administration. City engineering administration will 169501v1 7 include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3 %) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City's in -house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be seven percent (7 %) of the estimated construction cost. 19. STORM SEWER AREA CHARGE. Shady Oak Grove Fourth Addition includes the construction of draintile. Existing draintile stubs are available to both lots within Shady Oak Grove Fourth Addition and developer shall connect to these existing stubs. The Trunk Storm Sewer Area Charge that was collected with the Shady Oak Grove Second Addition final plat was returned to the developer with the Shady Oak Grove Third Addition final plat. Therefore, the Storm Sewer Area Charge will be collected on Shady Oak Grove Fourth Addition at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows: 91,285 s.f. x $0.167/s.f. _ $15,244.60 Net Area of Shady Oak Area Charge Total Grove Fourth Addition 20. SANITARY SEWER AVAILABILITY CHARGE. An eight inch sanitary sewer stub to serve Shady Oak Grove Fourth Addition was constructed with Shady Oak Grove. The developer shall construct a manhole over the existing eight inch sanitary sewer stub and install a four inch sanitary sewer service to each of the two lots in Shady Oak Grove Fourth Addition. This work will be entirely within the right -of -way and the developer shall provide a $5,018.60 security for this work. The Sanitary Sewer Availability Charge has been previously collected on the parcel parcel; therefore, no Sanitary Sewer Availability Charge will be collected. 169501 v1 8 21. WATERMAIN. An eight inch water main stub to serve Shady Oak Grove Fourth Addition was constructed with Shady Oak Grove. The developer shall connect to the eight inch water main and extend individual water service to each of the two lots in the Shady Oak Grove Fourth Addition. This work will be entirely within the right -of -way and the developer must provide a $3,668.50 security for this work. Final locations and sizes of all sanitary sewer and watermain improvements will be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Shady Oak Grove Fourth Addition shall not be permitted until the as -built electronic files have been submitted and approved by City staff. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to Irvine Way via Irenic Avenue. No construction traffic is permitted on the adjacent local streets. 23. PARK DEDICATION. The Park Dedication Fee for the parent parcel was collected through the land dedication and cash contribution provided with the Shady Oak Grove final plat. 24. STREET LIGHT OPERATION COSTS. A cash fee for one -year of streetlight operating expenses must be paid at the time of final plat approval and is calculated as follows: 2 units x $7.80 /unit/qtr. x 4 qtrs. = $62.40 Dwelling Units Streetlight Operating Fee Total 25. SURFACE WATER MANAGEMENT UTILITY FEE A cash fee for one -year of surface water management expenses must be paid at the time of final plat approval and is calculated as follows: 2 units x $7.00 /unit/qtr. x 4 qtrs. = $56.00 Dwelling Units Surface Water Management Fee Total 26. 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 eight feet (8') tall. The trees may not be 169501v1 9 planted in the right -of -way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50 %) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50 %) will be released one year after the landscaping inspection and any warranty work has been completed. 27. 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: Block 1: Lots 1 and 2 2 lots x $1,500 /lot = $3,000.00 Tree Preservation Security = $3,000.00 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the March 29, 2013, engineering report. B. Development of Shady Oak Grove Fourth Addition includes the removal of the curb radii on Irvine Way that would have been the entrance to 187 Street (10 Street right -of -way was vacated as part of the Shady Oak Grove Third Addition plat). The Developer shall replace the 169501vl 10 curb and gutter along Irvine Way within the right -of -way. The developer shall provide a $1,121.25 security for this work. C. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property comer 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 $200.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: two lots at $100.00 per lot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. D. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $75.00 per lot for a total charge of $150.00. E. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, 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. 29. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and' penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto, from a bank ( "security ") for $21,335.62, plus a cash fee of $467.01 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $ 5,018.60 169501vl 11 B. Watermain 3,668.50 C. Streets (Irvine Way Curb and Gutter Replacement) 1,121.25 D. Site Grading, Erosion Control, Restoration and Grading Certification 5,758.70 CONSTRUCTION SUB -TOTAL $15,567.05 OTHER COSTS: A. Developer's Design (6.0 %) $ 934.02 B. Developer's Construction Survey (2.5 %) 389.18 C. City Legal Expenses (Est. 0.5 %) 77.84 D. City Construction Observation (Est. 7.0 %) 1,089.69 E. Developer's Record Drawings (0.5 %) 77.84 F. Tree Preservation Security 3,000.00 G. Lot Corners 200.00 OTHER COSTS SUB -TOTAL $ 5,768.57 TOTAL SECURITIES: $ 21,335.62 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. 169501 v1 12 30. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Trunk Storm Sewer Area Charge $ 15,244.60 B. Street Light Operating Fee 62.40 C. Surface Water Management Utility Fee 56.00 D. City Base Map Updating 150.00 E. City Engineering Administration (3.00 %) 467.01 TOTAL CASH REQUIREMENTS $ 15,980.01 31. 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. 32. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. 169501 v1 13 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 sewer availability charges ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. 33. 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. 169501v1 14 34. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except one model home on a lot acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material 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 169501v1 15 and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and /or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. The Developer and contractor shall acquire public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. The insurance must be maintained until six (6) months after the City has accepted the public improvements. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer and contractor shall file with the City a 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. 169501vt 16 K. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 35. 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: 18643 Irvine Trail, 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.] 169501v1 17 CITY OF LAKEVILLE BY: Matt Little, Mayor (SEAL) AND 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 169501v1 18 DEVELOPER: MC2 PARTNERS, LLC BY: �� �•y.� David McNutt, Its Chief Manager STATE OF MINNESOTA } )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 1 ' day of nom / 2013, by David McNutt, the Chief Manager of MC2 Partners, LLC, a Minnesota limited liability company, on behalf of said company. - -` NOTARY1 STEVEN JOSEPH SICKLER > Notary Public Minnesota My Comm Expires Jan 31 2018 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:cjh 169501 v1 19 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT RENOVO CAPITAL LLC, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this j day of � , 2013. STATE OF MINNESOTA ) )SS. COUNTY OF Wee in ) The foregoing instrument was acknowledged before me this q 14 day of /4 p/'r , 2013, by P A v,) F l - r y the C k, << M„ 5 c of Renovo Capital LLC, a Minnesota limited liability company, on behalf of said company. I f$ ROBERT J AMES SILBAUGH JR Notary Public State of Minnesota My Commission Expires NOTARY PUBLIC Jonuory 31 , 2018 DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452 -5000 RNK:cjh 169501vi 20 Planning Commission Meeting Minutes, April 4, 2013 :0 Page 3 Vice Chair Boerschel asked for comments from the Planning Commission. DiscussNQn points were: • Whe Nrusin ked about semi -truck traffic, Mr. Holzhueter indicated that the test cent the West building and there is room for specialty packaging in the East buil ' g. He indicated that there would only be three to five semi - trucks arriving per eek, with mainly UPS and delivery trucks. He indicated that MOM Brands i much less industrial than New Morning Windows was. • Commissioner nz asked about the parking deferment. Mr. Morey stated the parking deferm t will be for the combined tots, nd will run with the land. He stated that parkin deferments are handled admen st.ratively and the new parking def ermen t wil! s ^ersede the existing one. • The Planning Commissi agreed that repurposmg ` the New Morning Windows building as an offs complex is good and it is consistent with the . ^r r Comprehensive Plan and the z nira of the site 1 , • Vice Chair Boerschel indicated t t this.is a great plan, exciting for Lakeville and congratulated MOM Brands on etr expansion. . Motion was made by Maguied'K sikonded Drotning to recommend to City Council approval of the MOM Brands Condit nal Use Permit, subject to the following six stipulations: a :., r 1. The site and budding must used aieording to the lans approved by the City Council.° 2. A lot combination request; must be submitted and ap ved by the City and recorded with Dakota Cbb ty *, �r f "R 3. A landscape plan mast `be sum�tted and approved by th City prior to the installat�cin fl # materials. 4. 4 � fighting « pilotbmetric plan must be submitted and approved by t City prior to . he installation .any neuv lighting. 5 fi �rading and drat""' plane.for the parking lot improvements must be proved by Me City prior to commencement of construction of these improvements. 6. A parking deferment application must be submitted and approved by the Cit rr s� Ayes: BoerschelGrenz, Drotning, Maguire. Naysm Ow 6. David McNutt Vice Chair Boerschel opened the public hearing to consider the preliminary and final plat of two lots to be known as Shady Oak Grove Fourth Addition, located south of 185 Street (CSAH 60) and west of Ipava Avenue adjacent to Irvine Way. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Planning Commission Meeting Minutes, April 4, 2013 Page 4 David McNutt presented an overview of his request. Mr. McNutt currently lives in this neighborhood and will be the developer of these lots. He stated these lots will be unique. He will save as many trees as possible and he plans to build a house on one of the lots for himself. Daryl Morey, Planning Director, presented the planning report. Mr. Morey reviewed the history of the Shady Oak Grove development as identified in the March 29, 2013 planning report. Mr. Morey stated that Mr. McNutt has submitted a preliminary and final plat application to subdivide Outlot A, Shady Oak Grove Third Addition into two single - family lots to be known as Shady Oak Grove Fourth Addition. The frontage and access to these two lots will be directly off Irvine Wav- so there is no need for the construction of 187 Street as required with the- single. family lots proposed with Shadv Oak Grove Rer_.nnd Addition. Mr. Morey stated that the preliminary and final plat complies with the provisions of the Zoning and Subdivision Ordinances He stated that staff recommends approval of the Shady Oak Grove Fourth Addition preliminary and final plat, subject to the four stipulations listed in the March 29, 2013 planning report. Vice Chair Boerschel opened the hearing to the publi" for comment. John Koznick, 18667 Irvine Way. Mr. Koznick has development. Motion was made= by hearing at 6:39 Aves .: Greriz Drotniin Vice:. Chair Boerschel.. a Discussion points were :: Mr. McNutt and ire, Boerschel. of this proposed by Maguire to close the public comments from the Planning Commission. Commissioner:Gfe' nz asked the length of the proposed driveways. Mr. Morey stated the driveways will be approximately the same length as the existing driveway on -'the adjacent lot to the east. He stated that the City does not regulate the length, only the width and setbacks of residential driveways. Commissioner Drotning commented that there will be opportunities to provide public street connections between neighborhoods with the future development of the properties to the west of the Shady Oak Grove development. Planning Commission Meeting Minutes, April 4, 2013 Page 5 Motion was made by Drotning, seconded by Maguire to recommend to City Council approval of the Shady Oak Grove Fourth Addition preliminary and final plat, subject to the following four stipulations: 1. The recommendations outlined in the March 29, 2013 engineering report. 2. The recommendations of the Park, Recreation & Natural Resources Committee. 3. A security in the amount of $3,000 will be required to be submitted prior to the release of the final plat mylars to insure that tree preservation is consistent with the approved tree preservation plan. 4. The following setbacks must be maintained throughout the development: a. A 30 -foot front yard setback. b. A 30 -foot rear yard setback. c. A 10 -foot side yard setback. r Ayes: Drotning Maguire, Boerschel, Gre Nays: 0 : a There being no further business, the meeting was adjourned at 6:45 p DRAFT CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE MEETING MINUTES April 3, 2013 it Kelly called the meeting to order at 6:02 p.m. in Council Chambers at City Hall. Memb s Present: Tom Goodwin, Judy Hayes (arrived 6:15 p.m.), Scott Kelly, Howard L elace, Jeanne Peterson, Bob Swan, Matt Dinslage, Lori Bovitz Members ent: Jerry Zell Staff Present: rks & Recreation Director Brett Altergott, Natural Resources Manager Mac Cafferty 2. Approval of Janua 6, 2013 minutes Minutes were approved presented. 3. Citizen comments There were no citizen 4. Staff report Introduction of new committee member L i Bovitz. Staff gave an update on Kenrick Avenue Trail; plans have been revised and i ill be re -bid once we get an approval from MNDoT Bridge Division with scheduled co letion this fall if approved by City Council. Maintenance staff is working to get par system prepared for summer, fields will be open in two weeks (weather permitting .Orchard Lake retaining wall will be completed this spring. Family Fun Fest at Ames Arena scheduled for April 13. Herita Center fundraising goal is $131,000 left to be raised; many fundraising events are heduled for the next two years to reach this goal. Rentals of this facility are goi well. Hayes inquired as to the use of fields at Parkview by Apple Valley Athletic sociation. Staff will review and update committee members at the next meeting. Watershed Cleanup Day is scheduled for April 20; 800 volunteers are cu 5. Shady Oak Grove 4 Addition preliminary and final plat Staff reviewed the plat. Park dedication fees have already been collected. Grading plan includes saving as many trees as possible. Motion made by Goodwin, seconded by Lovelace to approve the preliminary and final plat for Shady Oak Grove 4 addition as presented by City staff. Ayes: unanimous 6. Lakeville Rotary u fund the canoe �rack.As suggested by Hayes, staff will look into having Tree &Shrub a e ed to build Lakeville Memorandum City of Lakeville Planning Department To: Planning Commission From: Allyn Kuennen, AICP, Associate Planner .4. Date: March 29, 2013. Subject: Packet Material for the April 4, 2013 Planning Commission Meeting. Agenda Item: Preliminary and Final Plat of Shady Oak Grove Fourth Addition. BACKGROUND INFORMATION In 2007 the City Council approved the final plat of Shady Oak Grove Second Addition, which consisted of four single family lots and one outlot on 2.09 acres of land located west of Irvine Way. The second addition also included the extension of 187 Street off Irvine Way to the west plat boundary line. Due to the declining housing market, Brent Crego, the developer, was unable to sell the lots and construct 187 Street and the associated public improvements. In May of 2009, the Planning Commission and City Council approved the developer's request to replat the area back into an outlot to be known as Outlot A, Shady Oak Grove Third Addition. Replatting the area into an outlot also eliminated the need for a letter of credit and the construction of the public improvements. Brent Crego is currently in the process of selling the property to David McNutt. Mr. McNutt has submitted a preliminary and final plat application to subdivide Outlot A, Shady Oak Grove Third Addition into two single - family lots to be known as Shady Oak Grove Fourth Addition. Access to the single - family lots will be provide via driveways directly off Irvine Way and will not require the construction of 187th Street. The Shady Oak Grove Fourth Addition preliminary and final plats have been distributed to the Engineering Department and to the Parks, Recreational and Natural Resources Committee for their review and comment. The following exhibits are attached for your review: Exhibit A — Location and Zoning Map Exhibit B — Existing Conditions Exhibit C — Preliminary Plat (includes grading, drainage & utility plan) Exhibit D — Final Plat Exhibit E — Tree Preservation Plan Proiect Analysis Existing Conditions. The property was originally platted as Outlot A with the third addition of Shady Oak Grove. The site is primary level with the topography sloping towards the south. The site also contains a large stand of trees. The property does not contain any wetland areas or existing structures. Comprehensive Plan. The Comprehensive Plan guides this area as Low Density Residential Development. The proposed use and the density are consistent with the comprehensive land use plan. Zoning. The site is zoned RS -3, Single Family Residential which is consistent with the Comprehensive Plan and the proposed development. MUSA. The proposed preliminary and final plat for the two -lot area of Shady Oak Grove Fourth Addition is within the current MUSA and can be serviced with existing utilities. Surrounding Land Uses. The table below identifies planned and existing uses adjacent to the proposed development: Direction Land Use Plan Zoning Map Existing Use North Low Density Residential RS -3, Single Family Single Family Homes South Low Density Residential RS -3, Single Family Single Family Homes East Low Density Residential RS -3, Single Family Single Family Homes West Low Density Residential RS -2 Single Family Undeveloped Premature Subdivision Criteria. A preliminary and /or final plat may be deemed premature if any of the criteria listed in Chapter 10 -2 -4 -1 of the Subdivision Ordinance exist. Five criteria pertain to a lack of adequate: drainage, water, streets, sanitary sewer, and public service capacity (schools, police, fire protection). The other pertinent criteria pertain to inconsistencies with the City Comprehensive Land Use and Capital Improvement Plans. Staff review of the Shady Oak Grove Fourth Addition preliminary and final plat against these criteria finds that it is not a premature subdivision. Density. The gross and net area of the preliminary and final plat is approximately 2.09 acres with a gross density of 2.1 units per acre. Lot Area. Single family lots within the RS -3 District are required to provide a minimum area of 11,000 square feet for interior lots. The area of the lots in the preliminary and final plat meet the minimum square footage required. Lot Width. The minimum lot width for single - family lots within the RS -3 District is 85 feet for interior lots. All lots within the preliminary and final plat meet the minimum lot width requirement. Outlots. The plat does not include any outlots. N Setbacks. Setback requirements for single family lots in the RS -3 District are: Yard Front Side Interior Side Corner Rear Setback 30' 10' 20' 30' The building pads shown on the preliminary plat meet the minimum setback requirements for interior lots. Access. The access for the two -lot area of Shady Oak Grove Fourth Addition will be from Irvine Way. Streets & Right -of -Way. The plat does not include the construction of a public street and does not require the dedication of right -of -way. Sidewalks. There are no sidewalks currently along Irvine Way. Therefore, no sidewalks are required to be contracted with this plat. Trails. No trails are required to be constructed with this plat. Park Dedication. Park dedication requirements were satisfied with a combination of land dedication and a cash fee with the first addition of Shady Oak Grove. Grading, Drainage and Erosion Control. The preliminary and final plat includes grading, drainage and erosion control plans. Infiltration for the fourth addition of Shady Oak Grove was provided within the basins that were constructed with the adjacent Spring Hill development. The Engineering Department reviewed the preliminary and final plat plans and their comments are included in their March 29, 2013 report. Wetlands. The two -lot preliminary and final plat site does not contain any wetland areas. Tree Preservation. The tree preservation plan identifies 127 significant trees within the Shady Oak Grove Fourth Addition plat. The plan identifies removing 72 significant trees (57 %) for grading the lots and constructing the homes. The remaining 55 significant trees (43 %) on the site are identified as being saved. A security of $1,500 is required for each lot that includes a saved tree. A total security of $3,000 must be submitted prior to release of the final plat mylars to insure the tree preservation is consistent with the tree preservation plan. Easements. The preliminary and final plat illustrates the perimeter easements for all single - family lots as required by Section 10 -4 -4.A of the Subdivision Ordinance. Overhead Utilities. No overhead utilities exist within the two -lot preliminary and final plat area. 3 RECOMMENDATION: The preliminary and final plat complies with the provisions of the Zoning Ordinance, Subdivision Ordinance and Comprehensive Plan. Staff recommends approval of the Shady Oak Grove Fourth Addition preliminary and final plat subject to the following stipulations: 1. The recommendations outlined in the March 29, 2013 Engineering Report. 2. The recommendations of the Park, Recreation & Natural Resources Committee. 3. A security in the amount of $3,000 will be required to be submitted prior to the release of the final plat mylars to insure that tree preservation is consistent with the approved tree preservation plan. 4. The following setbacks must be maintained throughout the development: a. 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O Z W >O mvr{i W °O < O Z Z O C O Gm O 0 A D r m o J y rrl -1 ° A O Z 0 G Z m O N OOO V° C A „^ O 0 G F N Z y y S r° rm o y m Z m O xI S O Z N m S9 n m y Z m O p x O x _Im m D D O O D ° < y A 01 O p O \ z Z C In m i �1 0 W ^I OF °VIO 0 C z N m m m m o ` J 0 rm C .lml O '>-CZ r C I A O = < m 0 Z z 2 0 V _ v m j Z�°mm� O o O O I Z i y m �� ^ mD O A I A O ; O -i z m ° ?ovzo z mvm Z O O o z A N N 11 ' O Z 4 � r O VI o Z ( > O Q O O N N Z f LU r- rr 5 O O a m O 0 y y m n D D= D➢ D c7 r O 2 x D T A A Z < m < G G G G o 3 O r- rr 5 O O a m O 0 y y m n D D= D➢ D c7 r O 2 x D T A A Z < m < G G G G o 3 O City of Lakeville Public Works- Engineering Division Memorandum To: Allyn Kuennen, Associate Planner From: Tom Kellogg, WSB & Associates Mac Cafferty, Environmental Resources Manager Copy: Zachary V. Johnson, City Engineer Gene Abbott, Building Official Dennis Feller, Finance Director Brett Altergott, Parks and Recreation Director Date: March 29, 2013 Subject: Shady Oak Grove 4th Addition • Preliminary Plat Review • Final Plat Review • Erosion Control Plan Review • Grading Plan Review • Utility Plan Review BACKGROUND Dave McNutt has submitted a preliminary and final plat named Shady Oak Grove 4th Addition. The plat proposes to create two lots within Outlot A, Shady Oak Grove 3rd Addition final plat that was approved by the City Council on June 1, 2009. The proposed subdivision is located on Irvine Way west of Ipava Avenue and south of 185th Street (CSAH -60). The parent parcel consists of Outlot A, Shady Oak Grove 3rd Addition and is zoned RS -3, Single Family Residential District. The preliminary and final plat consists of two (2) single - family lots on 2.09 acres. SITE CONDITIONS The Shady Oak Grove 4' Addition site consists of vacant, heavily wooded undeveloped land. SITE LAYOUT Shady Oak Grove 4th Addition March 29, 2013 Page 2 of 6 Shady Oak Grove 4th Addition is located adjacent to transportation facilities under the control of the City of Lakeville. Access to the two lots in Shady Oak Grove 4th Addition will be from Irvine Way. Development of Shady Oak Grove 4th Addition includes the removal of the curb radii on Irvine Way that would have been the entrance to 187th Street (187th Street right -of -way was vacated as part of the Shady Oak Grove Std Addition plat). The Developer will be responsible for the replacement of the curb and gutter along Irvine Way within the right -of -way. The developer must provide a $1,121.25 security for this work. 60 feet of right -of -way for Irvine Way was dedicated in the Shady Oak Grove plat. No additional right -of -way dedication is required. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction is restricted to Irvine Way via Irenic Avenue. PARKS The Park Dedication Fee for the parent parcel was collected through the land dedication and cash contribution provided with the Shady Oak Grove final plat. UTILITIES Sanitary Sewer An 8 -inch sanitary sewer stub to serve Shady Oak Grove 4th Addition was constructed with Shady Oak Grove. The developer will be responsible for constructing a manhole over the existing 8 -inch sanitary sewer stub and installing a 4 -inch sanitary sewer service to each of the two lots. This work will be entirely within the right -of -way and the developer must provide a $5,018.60 security for this work. The Sanitary Sewer Availability Charge was collected on the parent parcel and therefore none will be collected with Shady Oak Grove 4' Addition. Watermain An 8 -inch water main stub to serve Shady Oak Grove 4th Addition was constructed with Shady Oak Grove. The developer will be responsible for connecting to the 8 -inch water main and extending individual water services to each of the two lots. This work will be entirely within the right -of -way and the developer must provide a $3,668.50 security for this work. Shady Oak Grove 4 " Addition March 29, 2013 Page 3 of 6 Final locations and sizes of all sanitary sewer and watermain improvements shall be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Shady Oak Grove 4th Addition shall not be permitted until the as -built electronic files have been submitted and approved by City staff. DRAINAGE AND GRADING Shady Oak Grove 4th Addition is located within subdistrict SC -62 of the South Creek drainage district as identified in the City's Stormwater Management Plan. Runoff generated from within the Shady Oak Grove 4th Addition subdivision will be conveyed via storm sewer to an existing infiltration basin constructed with the adjacent Spring Hill improvements. The infiltration basin was designed for the additional contributing drainage area created with development of Shady Oak Grove 4th Addition. The final grading plan must identify all fill lots in which the building footings will be placed on fill material. The grading specifications must indicate that all embankments meet FHA /HUD 79G specifications. The Developer shall certify to the City that all lots with building footings placed on fill material are appropriately constructed. Building permits shall not be issued until an as -built certified grading plan has been submitted and approved by City staff. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. STORM SEWER Draintile construction is proposed for both lots in Shady Oak Grove 4th Addition. Existing draintile stubs are available to both lots and the developer shall connect to these existing stubs. The Trunk Storm Sewer Area Charge that was collected with the Shady Oak Grove 2nd Addition final plat was returned to the developer with the Shady Oak Grove 3rd Addition final plat. Therefore the Storm Sewer Area Charge will be collected on Shady Oak Grove 4 Addition at the time of final plat. The Trunk Storm Sewer Area Charge is calculated as follows: 91,285 s.f. x $0.167/s.f. _ $15,244.60 Net Area of Shady Oak Grove Area Charge Total Shady Oak Grove 4" Addition March 29, 2013 Page 4 of 6 4 1 Addition WETLANDS There are no existing wetlands within the Shady Oak Grove 4 Addition site. TREE PRESERVATION The tree preservation plan identifies 127 significant trees within Shady Oak Grove 4th Addition. The plan identifies removing 72 (57 %) significant trees for the grading of the lots. The remaining 55 (43 %) significant trees on the site are identified as "save ". Tree protection fencing shall be installed outside the dripline of all "save" trees. All "save" significant trees that are damaged or removed during construction shall require replacement at a ratio of 2:1, consistent with the City's Subdivision Ordinance. All proposed tree trimming of "save" significant trees shall first be inspected by City staff. The Developer shall 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: Block 1: Lots 1 and 2 2 lots x $1,500 /lot = $3,000.00 Tree Preservation Security = $3,000.00 EROSION CONTROL An erosion control plan has been submitted and includes the following: • A seed and mulch specification that meets City requirements. • Inlet protection on all storm sewer structures. • Silt fence to protect offsite areas from sediment transport. • All 3:1 slopes must be seeded and stabilized with fiber blanket or sod. • All streets shall be cleared of debris at the end of each day and maintained to provide safe driving conditions. Street sweeping shall be done weekly or more often as needed. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water Conservation District. All additional measures shall be installed and maintained by the Developer. The developer is responsible for obtaining a NPDES permit prior to starting any grading activity. SECURITIES Shady Oak Grove 4 " Addition March 29, 2013 Page 5 of 6 The Developer shall provide a Letter of Credit as security for the Developer - installed improvements relating to Shady Oak Grove 4th Addition. Construction costs are based upon estimates submitted by the Developer's engineer on March 21, 2013. CONSTRUCTION COSTS Sanitary Sewer $ 5,018.60 Watermain 3,668.50 Streets (Irvine Way Curb and Gutter Replacement) 1,121.25 Site Grading, Erosion Control, Restoration and Grading 5,758.70 Certification SUBTOTAL - CONSTRUCTION COSTS $ 15,567.05 OTHER COSTS Developer's Design (6.0 %) $ 934.02 Developer's Construction Survey (2.5 %) 389.18 City's Legal Expense (0.5 %) 77.84 City Construction Observation (7.0 %) 1,089.69 Developer's Record Drawing (0.5 %) 77.84 Tree Preservation Security 3,000.00 Lot Corners 200.00 SUBTOTAL - OTHER COSTS $ 5,768.57 TOTAL PROJECT SECURITIES $ 21,335.62 The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $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. The streetlight security was collected with the Shady Oak Grove final plat. CASH FEES All cash fees previously collected for this parcel were returned to the developer at the time of the Shady Oak Grove 3rd final plat. The are no cash fees for traffic control signs. A cash fee for one -year of streetlight operating expenses shall be paid with the final plat and is calculated as follows: Shady Oak Grove 4 " Addition March 29, 2013 Page 6 of 6 2 units x $7.80 /unit /qtr. x 4 qtrs. = $62.40 Dwelling Units Streetlight Operating Fee Total A cash fee for one -year of surface water management expenses shall be paid with the final plat and is calculated as follows: 2 units x $7.00 /unit /qtr. x 4 qtrs. = $56.00 Dwelling Units Surface Water Management Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid with the final plat and is calculated as follows: 2lots x $75.00 /unit = $150.00 Lots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file. The Developer shall also pay a cash fee for City Engineering Administration. The Developer has elected to provide a Letter of Credit as security for the Developer - installed improvements. The fee for City Engineering Administration will be based on three percent (3.00 %) of the estimated construction cost, or $467.01. CASH REQUIREMENTS Trunk Storm Sewer Area Charge Streetlight Operating Fee Surface Water Management Fee City Base Map Updating Fee City Engineering Administration (3.00 %) TOTAL - CASH REQUIREMENTS RECOMMENDATION 15,244.60 62.40 56.00 150.00 467.01 $ 15,980.01 Engineering recommends approval of the preliminary plat, final plat, grading plan, erosion control plan and utility plan for Shady Oak Grove 4th Addition.