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HomeMy WebLinkAboutItem 06.hl eI>>rile May 17, 2013 Item No. AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 20, 2013 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the final plat of Autumn Meadows Second Addition. Adoption of this motion will allow the development of 37 single family residential lots. Overview K. Hovanian Homes of Minnesota, LLC has submitted an application and plans for the final plat of Autumn Meadows Second Addition which includes 37 single family lots located east of Flagstaff Avenue and north of 179th Street. The Autumn Meadows preliminary plat of 137 single family lots was approved by the City Council on April 16, 2007. The City Council approved the first phase final plat of Autumn Meadows with 47 lots on June 4, 2007. Planning and Engineering Division and Parks and Recreation staff recommend approval. Primary Issue to Consider Is the final plat of Autumn Meadows Second Addition consistent with the Autumn Meadows preliminary plat? The second phase final plat is consistent with the approved preliminary plat. Supporting Information • Resolution approving the Autumn Meadows Second Addition final plat • Signed development contract • Signed Warranty Deed conveying Outlots A and B to the City • Planning and engineering final plat reports dated May 3, 2013 Frank Dempsey, AICP, Associate Kanner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Subdivision and Zoning Ordinances Notes: (Reserved for Dokoto County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF AUTUMN MEADOWS SECOND ADDITION WHEREAS, the owner of the property described as AUTUMN MEADOWS SECOND ADDITION has requested 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 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 AUTUMN MEADOWS 2 nd ADDITION final plat is approved subject to the developer's execution of the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized 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. DATED this 20 day of May 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 20th day of May 2013 as shown by the minutes of said meeting in my possession. Charlene Friedges City Clerk (SEAL) Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 1i (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) A UTUMN MEADOWS SECOND ADDITION AGREEMENT dated , 2013, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and K. HOVNANIAN HOMES OF MINNESOTA, L.L.C., a Minnesota limited liability company (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for AUTUMN MEADOWS SECOND 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 F, Autumn Meadows, according to the recorded plat thereof, Dakota County, Minnesota. (Torrens Certificate of Title No. 147784) 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. Doc. #170177v.4 1 RNK: 5/14/2013 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary Security has been received by the City, and 3) the plat has been filed with the Dakota County Recorder's Office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi - phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges, sanitary sewer charges, watermain charges, and storm sewer charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into 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, by May 20, 2015. 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. Doc. #170177v.4 2 RNK: 5/14/2013 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 City Engineer approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil 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 (Collectively "Improvements "): 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 Doc. #170177v.4 3 RNK: 5/14/2013 K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utilities and street construction; and any other ordinances including Section 11 -16 -7 of the City Code concerning erosion and drainage and Section 4 -1 -4 -2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or 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 Doc. #170177v.4 4 RNK: 5/14/2013 surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities, in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights -of -Way B. MnDot for State Highway Access C. MnDot for Work in Right -of -Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2013, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th Doc. #170177v.4 5 RNK: 5/14/2013 the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the Security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading 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 Security 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. Doc. #170177v.4 6 RNK: 5/14/2013 15. GRADING PLAN. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except three 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 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 will be been monitored and constructed to meet or exceed FHA/HUD 79G specifications. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as -built certificate of survey. Prior to the release of the required individual lot grading and erosion control Security that is submitted with the building permit, an as -built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as -built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control Doc. #170177v.4 7 RNK: 5/14/2013 and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in -house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in Security. Fees for this service shall be three percent (3 %) of construction costs identified in the Summary of Security Requirements, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City's in -house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be seven percent (7 %) of the estimated construction cost. 19. STORM SEWER AREA CHARGE. Development of Autumn Meadows Second Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right -of- way and lots to the public stormwater basins located within Outlots B and C. Doc. #170177v.4 8 RNK: 5/14/2013 The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and shall be paid at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows: Doc. #170177v.4 9 RNK: 5/14/2013 Gross Area of Autumn Meadows Second Addition Less Area of Outlot A (Deeded to the City) Less Area of Outlot B (Deeded to the City) Less Area of Outlot C (Future Development) Less Area of Outlot D (Future Development) Less Area of 179 Street RNV Dedication Total 2,117,452 s.f. ( -) 2,600 s.f. ( -) 69,652 s.f. ( -) 594,338 s.f. ( -) 554,201 s.f. ( -) 163,480 s.f. = 733,181 s.f. 733,181 s.f. x $0.167/s.f. _ $122,441.23 Net Area of Autumn Meadows Area Charge Total Second Addition The Developer will receive credits to the Trunk Storm Sewer Area Charge for conveying Outlot B to the City, consistent with City policy. The $8,800.00 credit is based on the area of Outlot B (1.6 acres) and is calculated at the rate of $5,500.00 per acre, and will be applied to the Autumn Meadows Second Addition final plat cash fees. The balance due the City for Trunk Storm Sewer Area Charge is calculated as follows: Trunk Storm Sewer Area Charge $122,441.23 Less Credit for Outlots B H 8,800.00 Balance $113,641.23 Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. 20. SANITARY SEWER AVAILABILITY CHARGE. Development of Autumn Meadows Second Addition includes the construction of public lateral sanitary sewer. Eight inch sanitary sewer will be extended within the subdivision from two separate locations in order to provide gravity sewer service to all future lots within the Autumn Meadows Second Addition development. All lots within Block 1, as well as Lots 1 -3 of Block 2, and Lot 1, Block 3, will be serviced by extending eight inch sanitary sewer from the existing manhole that was stubbed to the northwest corner of Autumn Meadows Second Addition with the Autumn Meadows improvements. Doc. #170177v.4 10 RNK: 5/14/2013 All other lots within Autumn Meadows Second Addition will be serviced by extending eight inch sanitary sewer from the existing sanitary sewer manhole located along Fieldcrest Avenue, within the Kenridge Second Addition development. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and must be paid at the time of final plat approval. The Sanitary Sewer Availability Charge is calculated as follows: 37 units x $307.00 /dwelling unit = $11,359.00 Single- Family Dwelling Units Sanitary Sewer Availability Charge Rate Total 21. WATERMAIN. Development of Autumn Meadows Second Addition includes the construction of public watermain. Eight inch watermain will be extended through the subdivision from the existing watermain that was stubbed to the westerly plat limits with the Autumn Meadows improvements, along 178 Street. Eight inch watermain will also be extended through Autumn Meadows Second Addition from the existing terminus along Fieldcrest Avenue, within the Kenridge Second Addition development. The proposed watermain layout is in accordance with the City's Comprehensive Water Plan. Final locations and sizes of all watermain facilities shall be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Autumn Meadows Second 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 must be from the existing 179 street terminus at the westerly plat limits of Autumn Meadows Second Addition. No construction access shall be permitted through the adjacent existing subdivisions. 23. PARK DEDICATION, TRAILS AND SIDEWALKS. The Parks, Trails and Open Space Plan and the Autumn Meadows preliminary plat review identified the need for a future neighborhood park along the east side of Autumn Meadows and the west side of the adjacent Doc. #170177v.4 11 RNK: 5/14/2013 80 -acre parcel. Dedication of this park land shall be completed at the time Outlot C develops into lots and blocks. The Developer of Autumn Meadows Second Addition will be responsible for 100% of the costs associated with the interim grading and restoration of that portion of the future park area, as shown on the final grading plan for this phase of the development. Development of Autumn Meadows Second Addition includes the construction of public concrete sidewalks. Concrete sidewalks will be constructed along one side of 178th Street, Fielding Way, and both sides of Fieldcrest Avenue. The City's Comprehensive Trail System Plan identifies eight -foot wide bituminous trails along the north and south sides of 179 Street. The Developer will construct the 179 Street trails between Fieldfare Way and Fieldcrest Avenue with this phase of the development. The remaining segments of the 179 Street trails will be constructed with the extension of 179 Street to the east, when the adjacent 80 -acre parcel develops. Future phases of the Autumn Meadows development will be required to provide a cash escrow for the future extension of the 179 Street trails to the east development limits. Within Outlot A, the Developer will construct an eight -foot wide bituminous trail to provide a connection to the development to the north ( Kenridge). The Developer will also extend this trail within the 20 -foot wide trail easement (Easement Document No. 356776) located within the Kenridge development. The City will reimburse the Developer of Autumn Meadows Second Addition for 100% of the costs (as estimated by the Developer's engineer) associated with constructing that portion of the trail through the Kenridge development. The cost to construct the trails shall be apportioned accordingly: • The Developer will pay 100% of the costs of grading and restoration and 5 /8 the cost of Class 5 aggregate base and bituminous mix for the trail segments along 179 Street between Fieldfare Way and the intersection with Fieldcrest Avenue. • The City will pay 3 /8 of the cost of Class 5 aggregate base and bituminous mix for the trail segments along 179 Street between Fieldfare Way and the intersection with Fieldcrest Avenue. • The Developer will pay 100% of the costs of grading and restoration and 5 /8 the cost of Class 5 aggregate base and bituminous mix for the trail segment within Outlot A, Autumn Meadows Second Addition. Doc. #170177v.4 12 RNK: 5/14/2013 The City will pay 3 /8 of the cost of Class 5 aggregate base and bituminous mix for the trail segments within Outlot A, Autumn Meadows Second Addition. The City will pay 100% of the costs of restoration, Class 5 aggregate base and bituminous mix for the trail segment between Outlot A and Firebird Path, within the Kenridge development. The Developer will receive a credit to the Park Dedication Fee for the City's 3 /8 share of the trail construction costs along 179 Street, between Fieldfare Way and Fieldcrest Avenue. The $18,551.56 credit is based on an estimate provided by the Developer's engineer and will be applied to the Autumn Meadows Second Addition final plat cash fees. The Developer will receive a credit to the Park Dedication Fee for the City's 3 /8 share of the trail construction costs within Outlot A, as well as 100% of the costs associated with the trail construction north of Outlot A, within the Kenridge development. The $4,223.75 credit is based on an estimate provided by the Developer's engineer and will be applied to the Autumn Meadows Second Addition final plat cash fees. This credit will be applied using the $1,001.41 escrow collected with the Kenridge Development (Escrow #8098) for the future construction of this trail, as well as a $3,222,34 contribution from the City. The Park Dedication Fee has not been collected on the parent parcel. The Developer will ultimately satisfy the park dedication requirement for the entire Autumn Meadows development through a combination of land dedication and a cash contribution. The Developer will convey the land designated for park area (within Outlot C) to the City with future phases of the Autumn Meadows development. The Park Dedication Fee for this phase will be collected as a cash contribution at the time of final plat approval and is calculated as follows: 35 units X $3,532.00 /dwelling unit = $123,620.00 Single - Family Dwelling Units 2013 Park Dedication Fee Rate Total The balance due the City for park dedication is calculated as follows: Park Dedication Fee $123,620.00 Less Credit for 179 Street Trail Extension (- )18,551.56 Less Credit for Outlot A & Kenridge Trail Extension ( -) 3,222.34 Less Credit from Escrow #8098 (Kenridge Development) ( -) 1,001.41 Balance $100,844.69 Doc. #170177v.4 13 RNK: 5/14/2013 24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs in the amount of $3,400.00 must be paid at the time of final plat approval, which includes three street and stop signs, eighteen nine -button delineator signs and four "Future Street Extension" signs. If the street posts are installed in front conditions, the Developer must pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses must also be paid at the time of final plat approval, and is calculated as follows: 37 units x $7.80 /unit/qtr. x 4 qtrs. = $1,154.40 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: 37 units x $7.00/unit/qtr. x 4 qtrs. = $1,036.00 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 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 Doc. #170177v.4 14 RNK: 5/14/2013 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. BUFFER YARD BERM /LANDSCAPE SCREEN. A buffer yard berm and landscaping screen with a combined height of 10 feet must be provided on the lots adjacent to 179 Street, as shown on the plans. A certified grading plan of the buffer yard berms must be submitted and approved by City staff prior to the installation of any buffer yard plantings. 28. TREE PRESERVATION. The Developer must post a Security for tree preservation on an individual lot basis for each lot containing a "save" significant tree. The Security is $1,500.00 for each lot with a "save" significant tree and $1,000.00 for each outlot with a "save" significant tree and is calculated as follows: Outlot C 1 @$1,000 $1,000 Tree Preservation Security = $1,000 Prior to the issuance of building permits in this plat, the Developer's forester shall certify that all trees designated to be saved on the tree preservation plan are saved or replaced in compliance with Subdivision Ordinance requirements. Prior to issuance of a building permit for homes on a lot with tree preservation, the builder shall post a $1,000.00 tree protection Security and provide an individual lot tree preservation plan. The Developer shall submit an as -built tree preservation plan Doc. #170177v.4 15 RNK: 5/14/2013 following site grading, street and utility construction. After City staff has reviewed and approved the as -built tree preservation plan the Security may be released. 29. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the May 3, 2013, engineering report. B. Before the City signs the final plat, the Developer shall convey Outlots A and B to the City by warranty deed, free and clear of any and all encumbrances. C. The Autumn Meadows Second Addition development must comply with the following building setback requirements: Front Yard 30 feet Rear Yard 30 feet Buffer Yard 50 feet Side Yards: Interior 10 feet Corner 20 feet Buffer Yard 30 feet D. The Developer must install a "Future Street Extension" sign and barricades at the east end of 178 Street until the street is extended in the future. E. The Developer must install a "Future Street Extension" sign and barricades at each end of Fieldcrest Avenue and the east end of 179 Street until the street is extended with future phases of the development. F. The Developer is required to submit a Security of $62,591.00 as a stipulation of final plat approval to guarantee installation of the approved buffer yard landscape plan. The rear yards of Lots 9 through 16, Block 2 must be sodded to the edge of the trail to be constructed on the north side of 179 Street. A $1,500.00 cash escrow must be submitted with the building permit applications for these eight (8) lots to guarantee installation of the rear yard sod. This escrow will be in addition to the landscape /sod escrow required for each of the eight (8) lots at the time of building permit. Doc. #170177v.4 16 RNK: 5/14/2013 G. Driveway access onto Fieldcrest Avenue will not be permitted for Lot 16, Block 2; Lot 11, Block 3 and Lots 1 and 5, Block 4. H. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $4,100.00 Security for the final placement of interior subdivision iron monuments at property corners. The Security was calculated as follows: 41 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. I. 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 $3,075.00. J. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a Security for street light installation consistent with the approved plan. The estimated amount of this Security is $14,800.00 and consists of two mast - arm street lights at $1,400.00 and ten decorative street lights at $1,200.00 each. K. 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. Doc. #170177v.4 17 RNK: 5/14/2013 30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate Security, in the form attached hereto, from a bank ( "Security ") for $1,778,838.76, plus a cash fee of $43,682.78 for City engineering administration. The amount of the Security was calculated as follows: CONSTRUCTION COSTS: Sanitary Sewer $ 146,611.50 Watermain 233,322.50 Storm Sewer 345,661.00 Street Construction 384,260.00 Erosion Control /Storm Water Basins and Infiltration Basins /Grading Certification 346,237.50 CONSTRUCTION SUB -TOTAL $ 1,456.092.50 OTHER COSTS: Developer's Design (6.0 %) $ 87,365.55 Developer's Construction Survey (2.5 %) 36,401.31 City Legal Expenses (0.5 %) 7,280.46 City Construction Observation (7.0 %) 101,926.48 Developer's Record Drawings (0.5 %) 7,280.46 Tree Preservation 1,000.00 Landscaping 62,591.00 Lot Corners 4,100.00 Street Lights 14,800.00 OTHER COSTS SUB -TOTAL $ 322,746.26 TOTAL PROJECT SECURITIES: This breakdown is for historical reference; it is not a restriction on the use of the Security. The bank shall be subject to the approval of the City Administrator. The City may draw down the Security, 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 Doc. #170177v.4 18 RNK: 5/14/2013 term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the Security, the City may also draw it down without notice. If the Security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the Security may be reduced from time to time by ninety percent (90 %) of the financial obligations that have been satisfied. Ten percent (10 %) of the amounts certified by the Developer's engineer shall be retained as Security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty Security is provided, and the public improvements are accepted by the City Council. The City's standard specifications for utility and street construction outline procedures for Security reductions. 31. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: CASH REQUIREMENTS Park Dedication Fee $123,620.00 Sanitary Sewer Availability Charge 11,359.00 Trunk Storm Sewer Area Charge 122,441.23 Street Signs 3,400.00 Streetlight Operating Fee 1,154.40 Surface Water Management Fee 1,036.00 City Base Map Updating Fee 3,075.00 City Engineering Administration (3.00 %) 43,682.78 SUBTOTAL — CASH REQUIREMENTS $ 309,768.41 CREDITS TO THE CASH REQUIREMENTS 179 Street Trail Extension $18,551.56 Outlot A and Kenridge Trail Improvements 3,222.34 Escrow #8098 Collected with the Kenridge Development 1,001.41 Trunk Storm Sewer Credit for Outlot B 8,800.00 SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 31,575.31 TOTAL CASH REQUIREMENT $ 278,193.10 Doc. #170177v.4 19 RNK: 5/14/2013 32. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to secure the warranties. The City shall retain ten percent (10 %) of the Security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City's standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 33. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. Doc. #170177v.4 20 RNK: 5/14/2013 D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18 %) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. 34. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than five (5) calendar days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 35. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow Doc. #170177v.4 21 RNK: 5/14/2013 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 three model homes on lots acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning ordinance is required prior to the construction of any model homes. 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. Doc. #170177v.4 22 RNK: 5/14/2013 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 Doc. #170177v.4 23 RNK: 5/14/2013 by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 36. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 12701 Whitewater Drive, Suite 120, Minnetonka, Minnesota 55343. 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.] Doc. #170177v.4 24 RNK: 5/14/2013 DEVELOPER: K. HOVNANIAN HOMES OF MINNESOTA, L.L.C. STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA } The foregoing instrument was 2013, , by M9012 VrASI'ItPO4 Minnesota limited liability company, on b( J L=ARMSOR ST a DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandaie Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:cjh BY: Its: rre,rt�cwl- ackno +led ed b fore me this 1 LC h day of :5e. KV S the of K. Hovnanian Homes of Minnesota, L.L.C., a )half of said company. 121,474 J NOTARY PUBLIC 170177vi 25 (Reserved for Recording Data) WARRANTY DEED STATE DEED TAX DUE HEREON: $1.65 Dated: FOR VALUABLE CONSIDERATION, K. HOVNANIAN HOMES OF MINNESOTA, L.L.C., a Minnesota limited liability company, 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 and B, Autumn Meadows Second Addition, 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 ) COUNTY OF Pa{ . o � jss. K. HOVNANIAN HOMES OF MINNESOTA, L.L.C. BY: /�d Its: Prtrt The foregoing instrument was acknowledged before me this 14 of 2013, by _'��?- {— .9kilkS the n Prl" id rA(-- of K. Hovnanian Homes of Minnesota, L.L.C., a Minnesota limited liability company, on behalf of said company. LORI AAARM �( (Li6 t* t q Wt& Notary Public � 91,!016 vw 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 RNK/cjh 170186A 2 City of Lakeville Planning Department F�W' .Lakeville Memorandum To: Daryl Morey, Planning Director From. rank Dempsey, AICP, Associate Planner Date: May 3, 2013 Subject: Autumn Meadows Second Addition Final Plat INTRODUCTION K. Hovanian Homes of Minnesota, LLC has submitted an application and plans for the final plat of Autumn Meadows Second Addition which includes 37 single family lots within four blocks and four outlots on a 48.61 acre property located east of Flagstaff Avenue and north of 179th Street. The Autumn Meadows preliminary plat of 137 single family lots was approved by the City Council on April 16, 2007. The City Council approved the first phase final plat of 47 single family lots on June 4, 2007. The lot, block and street design of the Autumn Meadows Second Addition final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. EXHIBITS A. Location Zoning Map B. Aerial Photo C. Autumn Meadows Approved Preliminary Plat D. Autumn Meadows Second Addition Final Plat E. Existing Conditions Survey F. Final Plat Cover Sheet G. Sanitary Sewer and Water Plan (2 Pages) H. Storm Sewer Plans (2 Pages) I. Master Grading Plan J. Grading Plan (2 Pages) K. Stormwater Pollution Prevention Plan (SWPP) (3 Pages) L. Master Landscape Plan and Pond Landscape Plan (2 Pages) M. Tree Preservation Plan N. Dakota County Plat Commission letter dated April 26, 2013 PLANNING ANALYSIS Zoning. The zoning of the property is RS -3, Single Family Residential District. Adjacent Uses. The adjoining properties include the following uses: North - Single Family Homes, Kenridge neighborhood South - City of Farmington and Undeveloped Agriculture Land Use (2030 Land Use Map) East - 80 acre undeveloped and guided for future medium density and low density single family uses West - Existing single family homes in Autumn Meadows Existing Conditions. The Autumn Meadows Second Addition final plat proposes 37 single family lots within 48.61 acre Outlot F, Autumn Meadows. Future phase final plats of Autumn Meadows will include a total of 53 lots for the remainder of the plat. Lot Size. Single family lots within the RS -3 District are required to provide a minimum lot area of 11,000 square feet for interior lots and 12,500 square feet for corner lots. The size of each lot meets the minimum square footage required by the Zoning Ordinance. Lot Width. The minimum lot width for single - family lots within the RS -3 District is 85 feet for interior lots and 100 feet for corner lots. All lots meet the minimum lot width requirements of the Zoning Ordinance. Lot Depth. There are 10 lots in this final plat that abut 179th Street, a high density minor arterial road. The Zoning Ordinance requires that a minimum lot depth of 150 feet be provided for lots abutting 179th Street. The final plat meets this requirement. Setbacks. Setback requirements for single family lots in the RS -3 District are outlined below: Front Yard - 30 feet Rear Yard - 30 feet Buffer Yard - 50 feet Side Yards: Interior -10 feet Corner - 20 feet Buffer Yard - 30 feet The proposed house pads shown on the Autumn Meadows Second Addition grading plan indicate that all 37 lots have adequate building pad areas that meet setback requirements. Residential Buffer Yard Requirements. Ten (10) lots abutting 179' Street require increased buffer yard lot sizes and setbacks in the Autumn Meadows Second Addition final plat. 179th Street is classified as a high density minor arterial roadway in the Comprehensive 2 Transportation Plan. The buffer yard screening along 179 Street must provide an effective minimal visual screen of 10 feet in height. This will be accomplished with a combination of existing topography, earthen berms and landscaping including six foot tall evergreen trees. The landscape plan includes the installation of 50 evergreen trees and 26 deciduous trees to be planted along the 179' Street buffer yard areas. The landscaping and berm is consistent with the first phase Autumn Meadows final plat. The developer is required to submit a security of $62,591 as a stipulation of final plat approval to guarantee installation of the approved buffer yard landscape plan. The rear yard must be sodded to the edge of the trail to be constructed on the north side of 179 Street. A $1,500 cash escrow must be submitted with the building permit applications for those eight lots to guarantee installation of the rear yard sod. This escrow will be in addition to the landscape /sod escrow required for each of the eight lots at the time of building permit. Development Density. The Autumn Meadows Second Addition final plat consists of 37 single family lots with a net density (excluding road right -of -way and outlots) of 2.20 units per acre. Phasing. Autumn Meadows Second Addition is the second phase of the 137 lot Autumn Meadows preliminary plat. Fifty -three (53) single family lots will remain to be final platted with future development phases. Outlots. There are four outlots proposed with the Autumn Meadows Second Addition final plat: • Outlot A is 0.06 acres and will be deeded to the City for the construction of a bituminous trail to connect Autumn Meadow to the Kenridge neighborhood to the north. • Outlot B is 1.60 acres and will be deeded to the City for stormwater management purposes. • Outlot Cis 13.64 acres and will be retained by the developer for the future development of single family lots. • Outlot D is 12.72 acres and will be retained by the developer for the future development of single family lots. Access. Autumn Meadows Second Addition will have access from the easterly extension of 179t Street. Streets & Right -of -Way. Autumn Meadows Second Addition will include the dedication of right -of -way and the construction of 179 Street, 178th Street, Fielding Way, Fielding Court and Fieldcrest Avenue. 179 Street is a high density minor arterial roadway that will eventually be a future County Road under the control and operation of Dakota County. 179th Street will be constructed within a 120 foot wide right -of -way and a 52 foot wide street to a point 85 feet east of the 3 centerline of 179' Street and Fieldcrest Avenue. The 179th Street right -of -way is wide enough to accommodate a future four lane divided roadway. Right -of -way for 179th Street will be dedicated to the east boundary of the plat at this time with road construction for the remainder of 179th Street to occur with future phases. The developer will be required to install a barricade and "Future Street Extension" sign at the east end of 179 Street. The future extension of 179th Street will be constructed when the adjacent 80 acre property to the east develops due to topography and grading constraints. Future phases of Autumn Meadows will require the developer to submit a cash escrow for the future construction of 179th Street to the east boundary of the Autumn Meadows plat. 178 Street is a local street that will extend east from its existing terminus to connect with Fielding Way. 178th Street will be a 32 foot wide street within a 60 foot wide right -of -way with a sidewalk on the south side of the street. The developer will be required to install a barricade and "Future Street Extension" sign at the end of 178th Street. Fielding Way is a local street that will extend south from 178th Street to connect with Fieldcrest Avenue. Fielding Way will be 32 feet wide within a 60 foot wide right -of -way with a sidewalk on the north and east sides. Fielding Court is a local street with 60 feet of right -of -way and a 32 foot wide pavement section and 45 foot cul -de -sac turn - around that will be constructed east of Fieldcrest Avenue. The cul -se -sac street will be 115 feet long. The Dakota County Plat Commission met to discuss the Autumn Meadows Second Addition final plat on April 22, 2013. The Plat Commission has approved the final plat as noted in their April 26, 2013 letter (Exhibit N). Fieldcrest Avenue is a minor collector road that will be constructed north of 179th Street for the eventual connection to the Kenridge neighborhood north of Autumn Meadows 2 nd Addition and south of 179th Street for future extension into Farmington. Fieldcrest Avenue will be constructed within a 66 foot wide right -of -way as a 40 foot wide, two lane street. The developer will be required to pay for and install a barricade and "Future Street Extension" sign at both ends of Fieldcrest Avenue. Trails. Eight foot wide bituminous trails will be constructed on both sides of 179th Street and within Outlot A between Autumn Meadows Second Addition and Kenridge Second Addition to the north. The eight foot wide trail on the south side of 179th Street shall be extended east from its existing terminus to Fieldcrest Avenue. Park Dedication. The developer will be required to pay a park dedication fee in lieu of land dedication with this Autumn Meadows Second Addition final plat. The park dedication is calculated as follows: 35 units x $3,532.00 /dwelling unit = $ 123,620.00 Single - Family Dwelling Units 2013 Park Dedication Fee Rate Total E1. The developer will receive credit for the 179th Street trail extension and the extension of the trail within Outlot A and north into the Kenridge neighborhood as described in the May 3, 2013 engineering report. The Autumn Meadows preliminary plat and first phase final plat determined that the developer will pay a combination of land and cash for park dedication. The developer will dedicate the land portion of the park dedication with the future phase final plat of Outlot C. Tree Preservation. The developer submitted a tree preservation plan with the Autumn Meadows Second Addition final plat application. The tree preservation plan identifies eight significant trees within the boundaries of the plat. The plan proposes to save five (63 %) of the significant trees on the site. Wetlands. There are no wetlands within the Autumn Meadows 2 " Addition final plat. Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans. Grading, drainage and erosion control is discussed in detail in the May 3, 2013 engineering report. The Engineering Division recommends approval. Subdivision Identification Sign. No subdivision identification monument sign is proposed with the Autumn Meadows Second Addition final plat. Monument signs are required to be placed within an outlot owned and maintained by a homeowner's association. A sign permit is required by the City prior to installation of any subdivision identification signs. RECOMMENDATION The Autumn Meadows Second Addition final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Planning Department staff recommends approval of the Autumn Meadows Second Addition final plat subject to the following conditions: 1. The recommendations listed in the May 3, 2013 engineering report. 2. Five foot wide concrete sidewalks and eight foot wide bituminous trails shall be constructed as shown on the approval final plat plans. 3. The developer shall submit a security of $62,591 as a stipulation of final plat approval to guarantee installation of the landscaping and for the installation of sod to the edge of the trail adjacent to Lots 9 -16, Block 2. 4. 179th Street will be constructed to the intersection of Fieldcrest Avenue. The future extension of 179th Street will be constructed when the adjacent 80 acre property to the east develops. Future phases of Autumn Meadows will require that the developer submit a cash escrow for the future construction of 179th Street to the east boundary of the Autumn Meadows plat. 5 5. The rear yard of each lot must be sodded to the edge of the trail to be constructed on the north side of 179th Street. A $1,500 cash escrow must be submitted with the building permit applications for those eight lots to guarantee installation of the rear yard sod. This escrow will be in addition to the landscape /sod escrow required for each of the eight lots at the time of building permit. 6. The developer shall install barricades and "Future Street Extension" signs at the east end of 179th Street, the east end of 178th Street, and both ends of Fieldcrest Avenue. 7. Driveway access onto Fieldcrest Avenue shall not be permitted for Lot 16, Block 2; Lot 11, Block 3 and Lots 1 and 5, Block 4. 8. A sign permit must be approved by the City prior to installation of any subdivision identification signs. 9. Outlots A and B shall be deeded to the City. cc: Zach Johnson, City Engineer Kevin Clark, K. Hovanian Bob Wiegert, Paramount Engineering R Dakota County, MN W" r�s.® .,r• g Autumn Meadows Second Addition, `, ,9 `� r ,1 MJ. +w 9 AbAw .s . Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 653 feet verification. 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The plat is adjacent to 179 Street (a future County road), and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed development includes a replat of Outlot F, Autumn Meadows. The right -of -way needs are 60 feet of half right of way, which is shown on the proposed development. Restricted access should be shown along Lots 9 -16, Block 2 and Lots 4 -5, Block 4. The Plat Commission requires additional dedication of 179 Street (future County Road) to the eastern property boundary to ensure connection to the eastern property in the future. The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. 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, *4;ed Todd B. Tollefson Secretary, Plat Commission cc: Kevin Clark (KHovnanian Homes) EXHIBIT N L IFA r ib - A akeville Memorandum City of Lakeville Public Works- Engineering Division To: Frank Dempsey, Associate Planner From: Monica Heil, WSB & Associates, Inc. Jake Newhall, 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: May 3, 2013 Subject: Autumn Meadows Second Addition Final Plat • Final Plat Review • Final Grading Plan Review • Final Erosion Control Plan Review • Final Utility Plan Review • Final Tree Preservation Plan BACKGROUND K. Hovnanian Homes of Minnesota, LLC has submitted a final plat named Autumn Meadows Second Addition. The parent parcel consists of Outlot F, Autumn Meadows, which received final plat approval from the City Council at its April 16, 2007 meeting. The parent parcel is zoned RS -3, Single Family Residential. The proposed subdivision is located east of Flagstaff Avenue and north of and adjacent to 179th Street. The final plat consists of thirty -seven (37) single - family lots within four blocks and four outlots on 48.61 acres. The Developer will dedicate 3.75 acres as 179th Street right -of -way. The outlots created with the final plat shall have the following uses: Outlot A: Trail connection to the Kenridge development; to be deeded to the City (0.06 acres) Outlot B: Stormwater basins; to be deeded to the City (1.60 acres) Outlot C: Future residential development and stormwater basins (13.64 acres) AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 3, 2013 PAGE 2 Outlot D: Future residential development (12.72 acres) Outlot C shall be covered by a temporary drainage and utility easement, so as to provide the City with access to the stormwater basin until such time that Outlot C develops into lots and blocks, and the final outlot limits for the stormwater basin will be determined. The proposed development will be completed by: Developer: K. Hovnanian Homes of Minnesota, LLC Engineer: Paramount Engineering & Design Surveyor: Bohlen Surveying & Associates SITE CONDITIONS Autumn Meadows Second Addition exists on gently sloping terrain, with existing drainage patterns that generally slope from west to east across the site. There is an existing low area located within Autumn Meadows Second Addition, where Outlot B is proposed, that currently captures runoff generated by the northwest portion of the site. EASEMENTS An existing pipeline easement, in favor of Northern Natural Gas Company, extends along the westerly plat limits of Autumn Meadows Second Addition. The 100 -foot wide easement has been incorporated into the overall design of the Autumn Meadows development. Development of Autumn Meadows Second Addition includes the construction of public storm water utilities within the existing Northern Natural Gas Company pipeline easement. Prior to releasing the final plat, the Developer shall submit documentation that the Encroachment Agreement executed in 2007 by Northern Natural Gas Company and the City in conjunction with the Autumn Meadows improvements is sufficient to allow the City access to maintain the public utilities to be constructed within the easement as a part of the Autumn Meadows Second Addition improvements. STREET AND SUBDIVISION LAYOUT 179th Street 179th Street is identified in the City's Transportation Plan as a future major collector between Flagstaff Avenue and Pilot Knob Road (CSAH -31). Dakota County has designated 179' Street as a future County Road as part of its east -west corridor roadway study. The Dakota County Road Plat Review Needs Map (dated February 15, 2013) identifies 179th Street as a three -lane urban roadway east of Cedar Avenue (CSAH -23). The right -of -way requirement for a four -lane undivided roadway is 120 -feet. The Developer will dedicate right -of -way for 179th Street, as shown on the plat, to the easterly limits of Outlots C and D to satisfy this right -of -way AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 3, 2013 PAGE 3 requirement. The Dakota County Plat Commission recommended approval of the Autumn Meadows Second Addition final plat at its April 26, 2013 meeting. Development of Autumn Meadows Second Addition includes the construction of 179 Street. Because 179 Street is designated as a future County Road, it is designed consistent with Dakota County's standards, access locations and spacing requirements. 179th Street is designed as a 52 -foot wide undivided urban roadway and will be striped as a three -lane section, with one through lane in each direction and center continuous left -turn lanes between the intersections. 179th Street will be extended from its current terminus at the intersection with Fieldfare Way to the east side of the intersection with Fieldcrest Avenue with the Autumn Meadows Second Addition improvements, and will be extended to the east when the 80 -acre parcel east of the Autumn Meadows subdivision develops, due to grade restrictions. The Developer shall install barricades and signs that read "Future Street Connection" on the east side of the intersection with Fieldcrest Avenue. The City will maintain 179th Street until jurisdiction of the roadway is transferred to Dakota County. The Developer will pay 100% of the costs to construct 179th Street; therefore no cash fee for the improvements to 179 Street will be collected with the Autumn Meadows Second Addition plat. For that portion of 179 Street east of Fieldcrest Avenue, future phases of the development will require a cash escrow for the future extension of 179th Street to the east development limits. 178th Street Development of Autumn Meadows Second Addition includes the extension of 178th Street, from the terminus constructed with the Autumn Meadows improvements to the easterly limits of Lot 1, Block 3. 178th Street is designed as a 32 -foot wide, two -lane urban roadway with a concrete sidewalk along the south side of the street. The Developer is dedicating 60- feet of right -of -way as required for a local residential roadway. A "Future Street Extension" sign and barricades must be placed at the east end of 178th Street until the street is extended in the future. Fielding Way Fielding Way, a local residential street, will also be constructed in conjunction with the Autumn Meadows Second Addition improvements. 178th Street is designed as a 32 -foot wide, two -lane urban street with a 5 -foot concrete sidewalk along the east /north side of the street. Fielding Way will provide a connection between 178th Street and Fieldcrest Avenue. The Developer is dedicating 60 -feet of right -of -way along the length of Fielding Way. Fielding Court Fielding Court, a local cul -de -sac street, will also be constructed in conjunction with the Autumn Meadows Second Addition improvements. Fielding Court is designed as a 32 -foot wide, two -lane urban street with a 45 -foot radius at the cul -de -sac. The Developer will AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 3, 2013 PAGE 4 dedicate 60 -feet of right -of -way as required for a local residential roadway along Fielding Court. Fieldcrest Avenue Development of Autumn Meadows Second Addition includes the construction of Fieldcrest Avenue, which is identified as a minor collector roadway in the City's Comprehensive Transportation Plan. Fieldcrest Avenue is designed as a 40 -foot wide, two -lane urban street with 5 -foot concrete sidewalks required along both sides. Fieldcrest Avenue will be extended to the north and south with future phases of the Autumn Meadows development, and will connect to the existing Fieldcrest Avenue that was constructed with the Kenridge Second Addition development. The Developer is dedicating 66 -feet of right -of -way along the entire length of Fieldcrest Avenue, which is consistent with the right -of -way dedicated with that portion of Fieldcrest Avenue that was constructed within the Kenridge development to the north. A "Future Street Extension" sign and barricades must be placed at each end of Fieldcrest Avenue until the street is extended with future phases of the Autumn Meadows development. The City reserves the right in increase the street sections at the time of construction based upon site conditions. Building permits for Autumn Meadows Second Addition, except for the model home permits as 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 existing 179th Street terminus at the westerly plat limits of Autumn Meadows Second Addition. No construction access shall be permitted through the adjacent existing subdivisions. PARKS, TRAILS AND SIDEWALKS The Parks, Trails and Open Space Plan and the Autumn Meadows preliminary plat review identified the need for a future neighborhood park along the east side of Autumn Meadows and the west side of the adjacent 80 -acre parcel. Dedication of this park land shall be completed at the time Outlot C develops into lots and blocks. The developer of Autumn Meadows Second Addition shall be responsible for 100% of the costs associated with the interim grading and restoration of that portion of the future park area, as shown on the final grading plan for this phase of the development. The developer has prepared an overall grading plan for the park area to illustrate ultimate grading plans for the park area within the Autumn Meadows development. If, prior to developing all future phases of the Autumn Meadows subdivision, plans are submitted to AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 3, 2013 PAGE 5 develop the parcel east of and adjacent to the Autumn Meadows development, additional changes to the proposed grading of the future park land may be required. Development of Autumn Meadows Second Addition includes the construction of public concrete sidewalks. Concrete sidewalks will be constructed along one side of 178th Street and Fielding Way. Future plan submittals shall indicate that sidewalks will be constructed along both sides of Fieldcrest Avenue, as is the requirement for all new minor collector roadways within the City. The City's Comprehensive Trail System Plan identifies 8 -foot wide bituminous trails along the north and south sides of 179th Street. The Developer shall construct the 179 Street trails between Fieldfare Way and Fieldcrest Avenue with this phase of the development. The remaining segments of the 179th Street trails will be constructed with the extension of 179th Street to the east when the adjacent 80 -acre parcel develops. Future phases of the Autumn Meadows development will be required to provide a cash escrow for the future extension of the 179th Street trails to the east development limits. Within Outlot A, the developer shall be required to construct an 8 -foot wide bituminous trail to provide a connection to the development to the north ( Kenridge). The developer shall also extend this trail within the 20 -foot wide trail easement (Easement Document No. 356776) located within the Kenridge development. The City will reimburse the developer of Autumn Meadows Second Addition for 100% of the costs (as estimated by the developer's engineer) associated with constructing that portion of the trail through the Kenridge development. The cost to construct the trails shall be apportioned accordingly; • The Developer shall pay 100% of the costs of grading and restoration and 5 /8th the cost of Class 5 aggregate base and bituminous mix for the trail segments along 179' Street between Fieldfare Way and the intersection with Fieldcrest Avenue. • The City shall pay 3 /8th of the cost of Class 5 aggregate base and bituminous mix for the trail segments along 179th Street between Fieldfare Way and the intersection with Fieldcrest Avenue. • The Developer shall pay 100% of the costs of grading and restoration and 5 /8th the cost of Class 5 aggregate base and bituminous mix for the trail segment within Outlot A, Autumn Meadows Second Addition. • The City shall pay 3 /8th of the cost of Class 5 aggregate base and bituminous mix for the trail segments within Outlot A, Autumn Meadows Second Addition. • The City shall pay 100% of the costs of restoration, Class 5 aggregate base and bituminous mix for the trail segment between Outlot A and Firebird Path, within the Kenridge development. The Developer shall receive a credit to the Park Dedication Fee for the City's 3 /8t share of the trail construction costs along 179th Street, between Fieldfare Way and Fieldcrest Avenue. The AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 3, 2013 PAGE 6 $18,551.56 credit is based on an estimate provided by the Developer's engineer and shall be applied to the Autumn Meadows Second Addition final plat cash fees. The Developer shall receive a credit to the Park Dedication Fee for the City's 3 /8th share of the trail construction costs within Outlot A, as well as 100% of the costs associated with the trail construction north of Outlot A, within the Kenridge development. The $4,223.75 credit is based on an estimate provided by the Developer's engineer and shall be applied to the Autumn Meadows Second Addition final plat cash fees. This credit shall be applied using the $1,001.41 escrow collected with the Kenridge Development (Escrow #8098) for the future construction of this trail, as well as a $3,222,34 contribution from the City. The Park Dedication Fee has not been collected on the parent parcel. The Developer will ultimately satisfy the park dedication requirement for the entire Autumn Meadows subdivision through a combination of land dedication and a cash contribution. The Developer will convey the land designated for park area (within Outlot C) to the City with future phases of the Autumn Meadows development. Based on the original calculations completed with the Autumn Meadows preliminary plat, the Park Dedication Fee must be collected from 82 total units, in conjunction with the land dedication, in order to satisfy the park dedication requirements for the entire development. The Park Dedication Fee was collected for 47 units with Autumn Meadows, leaving a balance of: 82 units - 47 units = 35 units Total Required Units Units Paid with Autumn Meadows Units Due The Park Dedication Fee for this phase will be collected as a cash contribution with the final plat and is based on the rate in effect at the time of preliminary plat submittal and is calculated as follows: 35 units x $3,532.00 /dwelling unit = $ 123,620.00 Remaining Single - Family Dwelling Units Due 2013 Park Dedication Fee Rate Total The balance due the City for park dedication is calculated as follows: • Park Dedication Fee $123,620.00 • Less Credit for 179 Street Trail Extension ( -) 18,551.56 • Less Credit for Outlot A & Kenridge Trail Extension ( -) 3,222.34 • Less Credit from Escrow #8098 (Kenridge Development) ( -) 1,001.41 • Balance $100,844.69 AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 3, 2013 PAGE 7 UTILITIES SANITARY SEWER: Autumn Meadows is located within subdistrict NC -20130 of the North Creek sanitary sewer district as identified in the City's Comprehensive Sewer Plan. Wastewater will be conveyed via existing trunk sanitary sewer to the MCES Lakeville Interceptor and continue to the Empire Wastewater Treatment Facility. The downstream facilities have sufficient capacity to serve the proposed subdivision. Development of Autumn Meadows includes the construction of public lateral sanitary sewer. 8 -inch sanitary sewer will be extended within the subdivision from two separate locations in order to provide gravity sewer service to all future lots within the Autumn Meadows development. All lots within Block 1, as well as Lots 1 -3, Block 2, and Lot 1, Block 3, will be serviced by extending 8 -inch sanitary sewer from the existing manhole that was stubbed to the northwest corner of Autumn Meadows Second Addition with the Autumn Meadows improvements. All other lots within Autumn Meadows Second Addition will be serviced by extending 8 -inch sanitary sewer from the existing sanitary sewer manhole located along Fieldcrest Avenue within the Kenridge Second Addition development. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and shall be paid with the final plat. The Sanitary Sewer Availability Charge is calculated as follows: 37 units x $307.00 /dwelling unit = $ 11,359.00 Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total WATERMAIN• Development of Autumn Meadows Second Addition includes public watermain construction. 8 -inch watermain will be extended through the subdivision from the existing watermain that was stubbed to the westerly plat limits with the Autumn Meadows improvements, along 178 Street. 8 -inch watermain will also be extended through Autumn Meadows Second Addition from the existing terminus along Fieldcrest Avenue within the Kenridge Second Addition development. The proposed watermain layout is in accordance with the City's Comprehensive Water Plan. Final locations and sizes of all watermain facilities shall be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Autumn Meadows Second Addition shall not be permitted until the as -built electronic files have been submitted and approved by City staff. AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 3, 2013 PAGE 8 DRAINAGE AND GRADING The final plat of Autumn Meadows Second Addition lies within Subdistricts NC -23 and NC -4 of the North Creek Drainage District, as identified in the City's Water Resources Management Plan. Development of Autumn Meadows includes the construction of public stormwater basins to collect and treat the stormwater runoff generated from the site. On -site filtration is also proposed. The stormwater basins will provide water quality treatment, skimming, and rate control of the stormwater runoff generated within the Autumn Meadows Second Addition subdivision. The public basins will be located within Outlots B and C. Outlot B will be deeded to the City with the final plat. The stormwater basins located within Outlot C will be covered by a temporary drainage and utility easement, until such time as the area is deeded to the City with the final plat of future phases of the development. The majority of the runoff generated from within the site will be collected via storm sewer and conveyed to the stormwater basins located within Outlots B and C. Runoff from the stormwater basins will be treated to NURP standards and released from the stormwater basin located within Outlot C into the existing drainage swale located within the undeveloped parcel east of and adjacent to Autumn Meadows Second Addition. Hydrologic models prepared by the developer's engineer demonstrate an overall reduction in the net runoff volume and discharge rate for the 1, 10 and 100 -year storm events. Until such time as the ultimate storm sewer improvements for the parcel to the east are completed, the stormwater basin located within Outlot C will discharge through an outlet control structure and into an energy dissipation system to be located wholly within the Autumn Meadows Second Addition plat limits. The City reserves the right to employ additional energy dissipation methods at this outlet from the stormwater basin if, during construction, it is determined additional measures will be necessary to minimize erosion issues. Flow through the drainage swale of the undeveloped parcel to the east of Autumn Meadows Second Addition ultimately passes beneath Pilot Knob Road, through a triple culvert system, and enters into the City of Farmington where it joins the North Creek drainage channel. The final grading plan has demonstrated that for all properties located within the Autumn Meadows Second Addition development, the maximum yard grade shall not exceed 10- percent for the first 20 -feet beyond the building footprint. The final grading plan must identify all fill lots in which the building footings will be placed on fill material. The grading specifications must indicate that all embankments meet FHA /HUD 79G specifications. The Developer shall certify to the City that all lots with building footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as -built certified grading plan, including the buffer yard berms along 179' Street, have been submitted and approved by City staff. AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 3, 2013 PAGE 9 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 Autumn Meadows Second Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right -of -way and lots to the public stormwater basins located within Outlots B and C. Draintile construction is required in areas of non - granular soils within Autumn Meadows Second Addition 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. The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and shall be paid with the final plat. The Trunk Storm Sewer Area Charge is calculated as follows: Gross Area of Autumn Meadows Second Addition 2,117,452 s.f. Less Area of Outlot A (Deeded to the City) ( -) 2,600 s.f. Less Area of Outlot B (Deeded to the City) ( -) 69,652 s.f. Less Area of Outlot C (Future Development) (-) 594,338 s.f. Less Area of Outlot D (Future Development) ( -) 554,201 s.f. Less Area of 179' Street R/W Dedication ( -) 163,480 s.f. Total = 733,181 s.f. 733,181 s.f. x $0.167/s.f. = $122,441.23 Net Area of Autumn Meadows Area Charge Total Second Addition The Developer is eligible for trunk storm sewer credits for conveying Outlot B to the City. The credit for the 1.60 acres of land is calculated at the rate of $5,500.00 per acre, consistent with City policy. A trunk storm sewer credit of $8,800.00 shall be applied to the Autumn Meadows Second Addition final plat cash fees. The balance due the City for Trunk Storm Sewer Area Charge is calculated as follows: • Trunk Storm Sewer Area Charge $122,441.23 • Less Credit for Outlots B H 8.800.00 • Balance $113,641.23 AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 3, 2013 PAGE 10 The Trunk Storm Sewer Area Charge for Outlots C and D shall be paid at the time Outlots C and D develop. The trunk storm sewer credit for the stormwater basin being constructed within Outlot D as a part of the Autumn Meadows Second Addition improvements will be applied at the time the outlot containing this stormwater basin is formally deeded to the City. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. RESIDENTIAL BUFFER YARD REQUIREMENTS 179th Street is an arterial roadway, as identified in the City's Transportation Plan. For the properties abutting 179' Street, the Developer is proposing to use a combination of earth berms and landscape plantings to satisfy the minimum buffer yard height requirements. A certified grading plan of the buffer yard berms shall be submitted and approved by City staff prior to the installation of any buffer yard plantings. WETLANDS There are no wetlands within Autumn Meadows Second Addition. TREE PRESERVATION A tree preservation plan was completed with the Autumn Meadows Second Addition Plat. The plan identifies a total of 8 significant trees within the site. The site currently contains aspen, elm, boxelder and apple trees. The plan proposes to save 5 (63 %) trees on the site. 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 will be required to post security for tree preservation on an individual lot basis for each lot containing a "save" significant tree. The Developer shall post security for tree preservation on an individual lot basis for each lot containing a "save" significant tree. The security $1,000 for each outlot with a "save" significant tree and is calculated as follows: Outlot C 1 @$1,000 $1,000 Tree Preservation Security = $1,000 EROSION CONTROL The erosion control plan was reviewed and includes the following: • Rock construction entrance are shown on the plan sheets and included in the erosion control notes. AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 3, 2013 PAGE 11 • 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 areas below the HWL. MnDoT seed mix 26B (or BWSR mix #2) will be used on the stormwater treatment 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. The infiltration areas must be kept off -line until the site is fully stabilized and buildings are complete. Heavy equipment must be kept out of infiltration areas to avoid compaction. Once basins are graded, silt fence will be installed around the perimeter to protect them from sediment. 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. The Developer is responsible for obtaining a MPCA NPDES construction permit prior to the start of any work. SECURITIES The Developer shall provide a security for the Developer - installed improvements relating to Autumn Meadows Second Addition. The construction costs are based upon estimates submitted by the Developer's engineer on May 2, 2013. CONSTRUCTION COSTS Sanitary Sewer $ 146,611.50 Watermain 233,322.50 Storm Sewer 345,661.00 Street Construction 384,260.00 Erosion Control, Storm Water Basins, Infiltration 346,237.50 Basins and Grading Certification SUBTOTAL - CONSTRUCTION COSTS $ 1,456,092.50 AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 3,2013 PAGE 12 OTHER COSTS Developer's Design (6.0 %) $ 87,365.55 Developer's Construction Survey (2.5 %) 36,402.31 City's Legal Expense (0.5 %) 7,280.46 City Construction Observation (7.0 %) 101,926.48 Developer's Record Drawing (0.5 %) 7,280.46 Tree Preservation 1,000.00 Landscaping 62,591.00 Lot Corners 4,100.00 Streetlights 14,800.00 SUBTOTAL - OTHER COSTS $ 322,746.26 TOTAL PROJECT SECURITIES $1,778,838.76 The Developer shall post a security to insure 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 $4,100.00. The City shall hold this security until the Developer's land surveyor certifies that all irons have been placed following site grading and street and utility construction. The streetlight security totals $14,800.00, which consists of two mast -arm streetlights at $1,400.00 each and ten decorative streetlights at $1,200.00 each. CASH FEES The Park Dedication Fee for Autumn Meadows Second Addition is $130,684.00. The cash fee for street signs is $3,400.00, which consists of. three street /stop signs at $400.00 each; eighteen 9- button delineator signs at $100.00 each; and four "Future Street Extension" signs at $100.00 each. If the street posts are installed in frost conditions, the Developer shall pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses shall be paid with the final plat and is calculated as follows: 37 units x $7.80 /unit /qtr. x 4 gtrs. =$1,154.40 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: AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 3, 2013 PAGE 13 37 units x $7.00 /unit /qtr. x 4 qtrs. = $1,036.00 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: 41 lots and outlots x $75.00 /unit = $3,075.00 Lots and Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file. The Developer shall also pay a cash fee for City Engineering Administration. The Developer will provide a 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 $43,682.78. CASH REQUIREMENTS Park Dedication Fee Sanitary Sewer Availability Charge Trunk Storm Sewer Area Charge Street Signs Streetlight Operating Fee Surface Water Management Fee City Base Map Updating Fee City Engineering Administration (3.00 %) SUBTOTAL - CASH REQUIREMENTS CREDITS TO THE CASH REQUIREMENTS 179 Street Trail Extension Outlot A and Kenridge Trail Improvements Escrow #8098 Collected with the Kenridge Development Trunk Storm Sewer Credit for Outlot B SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS TOTAL CASH REQUIREMENT RECOMMENDATION $123,620.00 11,359.00 122,441.23 3,400.00 1,154.40 1,036.00 3,075.00 43,682.78 $ 309,786.41 $18,551.56 3,222,34 1,001.41 8,800.00 $ 31,575.31 $ 278,193.10 Engineering recommends approval of the Autumn Meadows Second Addition 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: AUTUMN MEADOWS SECOND ADDITION FINAL PLAT MAY 3, 2013 PAGE 14 Prior to City Council consideration: • The Developer shall submit documentation that the Encroachment Agreement executed in 2007 by Northern Natural Gas Company and the City in conjunction with the Autumn Meadows improvements is sufficient to allow the City access to maintain the public utilities to be constructed within the easement as a part of the Autumn Meadows Second Addition improvements. Approval shall also be subject to the comments of the City Administrator, Planning Director and City Attorney.