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HomeMy WebLinkAboutItem 07June 12, 2013 JUNE 17, 2013 CITY COUNCIL MEETING ARONSON BLUFF Item No. Proposed Action Staff recommends adoption of the following motion: Move to approve: a resolution approving the Preliminary and final plat of Aronson Bluff. Adoption of this motion will allow the development of 33 single - family lots. Overview KJ Walk has submitted a preliminary and final plat application for the development of 33 single family lots on 16.6 acres of land located east of Aronson Park, south of 202nd Street (CSAH 50), west of Hamburg Avenue and north of Hartford Way to be known as Aronson Bluff. The Aronson Bluff preliminary and final plat also includes the administrative subdivision of a small area of Aronson Park property to be included in the Aronson Bluff plat. At their May 23, 2013 meeting, the Planning Commission held a public hearing to consider the preliminary plat. Several Hamburg Avenue residents that live adjacent to the development addressed the Planning Commission during the public hearing regarding sidewalk and trail connections into Aronson Park, the style of homes to be constructed, the amount and speed of traffic on Hamburg Avenue and when Hamburg Avenue will be upgraded in the future. The developer, staff and Planning Commission addressed the questions from the residents as outlined in the attached draft Planning Commission meeting minutes. The Planning Commission unanimously recommended approval of the preliminary plat with one abstention. The Parks, Recreation and Natural Resources Committee recommended approval of the preliminary plat at their May 22, 2013 meeting. Staff also recommends approval. Primary Issues to Consider • Why is the developer requesting a land swap of City owned property? Supporting Information • Staff analysis of primary issues • Resolution approving the preliminary and final plat • Signed development contract • May 23, 2013 Draft Planning Commission meeting minutes • May 22, 2013 Draft Parks, Recreation and Natural Resources Committee meeting minutes • May 17, 2013 Planning Report • May 17,_2013 Engineering Report (update June 12, 2013) Kuennen, AICP, Associate Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances Notes: STAFF ANALYSIS OF PRIMARY ISSUES • Why is the developer requesting a land swap of City owned property? The developer is proposing to swap approximately 3,118 square feet of City -owned Aronson Park property in the southwest corner of Lot 17, Block 1 with the same amount of land to be incorporated into Outlot A adjacent to the rear yards of Lots 11 and 12, Block 1. This land swap will provide Lot 17, Block 1 with the needed area to satisfy the minimum lot area requirements and provide an increased buffer area between the baseball field in Aronson Park and the rear yards of Lots 11 and 12, Block 1. The developer will be responsible for all fees and costs associated with the preparation and recording of the administrative subdivision. Outlot A is being deeded by the developer to the City with the final plat. 2 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF ARONSON BLUFF WHEREAS, the owner of the plat described as Aronson Bluff has requested preliminary and final plat approval; and WHEREAS, the preliminary and final plat were reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; and WHEREAS, the preliminary and final plat are acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The preliminary and final plat of Aronson Bluff is hereby approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby directed to sign the development contract and final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. APPROVED AND ADOPTED this 17 day of June 2013. CITY OF LAKEVILLE IM 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 17 day of June, 2013, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) C (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) ARONSON BL UFF CONTRACT dated , 2013, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and KJ WALK, INC., a Florida corporation (the "Developer ") 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Aronson Bluff (referred to in this Contract as the "plat "). The land is situated in the County of Dakota, State of Minnesota, and is legally described on Exhibit A attached hereto and made a part hereof by reference. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, and 3) the necessary insurance for the Developer and its construction Aronson Bluff Dev. Contract v4 Doc# 170604 Page 1 of 31 contractors has been received by the City. In addition, the City will not issue a permit for more than one structure until the plat is filed with the office of the Dakota County Recorder or Registrar of Titles. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi - phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans may be prepared, subject to the City Engineer's approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil Aronson Bluff Dev. Contract v4 Doc# 170604 Page 2 of 31 and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final. Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the City Code concerning erosion and drainage and Section 4 -1-4 -2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional Aronson Bluff Dev. Contract v4 Doc# 170604 Page 3 of 31 engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part -time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a pre- construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights -of -Way B. MnDot for State Highway Access C. MnDot for Work in Right -of -Way Aronson Bluff Dev. Contract v4 Doc# 170604 Page 4 of 31 D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2013, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading Aronson Bluff Dev. Contract v4 Doc# 170604 Page 5 of 31 operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City's current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except 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 have been monitored and Aronson Bluff Dev. Contract v4 Doc# 170604 Page 6 of 31 constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as -built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as -built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as -built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. A certified as -built building pad survey must be submitted and approved for commercial, industrial or institutional developments prior to issuance of a building permit. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in -house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or Aronson Bluff Dev. Contract v4 Doc# 170604 Page 7 of 31 problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3 %) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City's in -house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be seven percent (7 %) of the estimated construction cost. 19. STORM SEWER AREA CHARGE. Development of Aronson Bluff 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 treatment basins in Outlot A. The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and must be paid in cash at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows: 727,230 s.f. - 105,096 s.f. x $0.167/s.f. _ $ 103,896.38 Gross Area of Area of Outlot A (Wetland Area Charge Total Aronson Bluff Preservation and Stormwater Management) 20. SANITARY SEWER AVAILABILITY CHARGE. Development of Aronson Bluff will be served by existing sewer previously installed as part of the Village Creek 2 nd Addition improvements. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid in cash at the time of final plat approval. The Sanitary Sewer Availability Charge is calculated as follows: 33 units x $307.00 /dwelling unit = $33,307.00 Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total 21. WATERMAIN. Development of Aronson Bluff includes the extension of watermain. The City's Comprehensive Water Plan identifies trunk watermain improvements along 202 Street (CSAH 50). 16 -inch trunk watermain will be extended along 202 Street right -of -way to the proposed Aronson Bluff Dev. Contract v4 Doc# 170604 Page 8 of 31 intersection of Hampton Avenue from an existing 16 -inch watermain stub located at the eastern plat boundary of St. John's First Addition. 8 -inch watermain shall be bored under 202 Street (CSAH 50) and placed in a steel casing. A permit from Dakota County is required prior to any work within 202 Street (CSAH 50) right -of -way. The 8 -inch watermain will be extended within the subdivision from the intersection of 202 Street (CSAH 50) and Hampton Avenue to an existing 8 -inch watermain located in Hartford Way. The 8 -inch watermain will connect to the 16 -inch trunk watermain to provide a looped watermain system. The Developer is eligible for credit for the trunk watermain improvements along 202 "d Street (CSAH 50) and will be responsible for lateral watermain access charges as noted below. • The City shall pay 100% of the construction cost to install the 16 -inch trunk watermain between the east plat boundary of St. John's First Addition to the intersection of Hampton Avenue and 202 Street (CSAH 50), as well as the jacking under 202nd Street (CSAH 50). The credit is $80,928.38 and is based on the estimated construction cost provided by the Developer's engineer on May 14, 2013 and includes a 15% allowance for engineering and surveying costs. The watermain credit shall be applied to Aronson Bluff final plat cash fees. • The Developer shall pay a lateral watermain access charge for the portion of the 16 -inch watermain between the west plat boundary and Hampton Avenue. The charge will be collected at the time of final plat approval and is calculated as follows: 229 f.f. x $38.40/ f.f. _ $8,793.60 Footage Along 202 Street (CSAH 50) From the West Plat Boundary to Lateral Watermain Access Total Hampton Avenue Center Line Charge The proposed watermain layout is in accordance with the City's Comprehensive Water Plan. Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City Staff with the final construction plans. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction shall be from Hartford Way via the north junction with Hamburg Avenue. No construction traffic is permitted to enter Aronson Bluff through the Village Creek subdivisions. Aronson Bluff Dev. Contract v4 Doc# 170604 Page 9 of 31 23. PARK DEDICATION, TRAILS AND SIDEWALKS. The City's Parks, Trails and Open Space Plan does not designate any area within Aronson Bluff as future park land. Development of Aronson Bluff includes the construction of public sidewalks. The Developer shall construct 5 -foot wide concrete sidewalks and pedestrian curb ramps along one side of all local roadways except cul -de -sacs. Sidewalks will be installed on the west side of Hampton Avenue. Hartford Way has existing 5 -foot wide sidewalks constructed on both sides with previous developments. The Developer shall also construct an 8 -foot wide trail adjacent to the north plat boundary within the dedicated 202 Street (CSAH 50) right -of- way. The Developer will be responsible for 5 /8ths of the estimated trail construction costs and will be 100% responsible for rough grading and restoration of the trail area. The Developer shall receive a credit for the 202n Street (CSAH 50) trail calculated as follows: $6,190.00 x 3/8 = $ 2,321.25 Total Estimated Cost City's Trail Total for Trail Construction Cost Portion Along 202 Street (CSAH 50) The Park Dedication Fee has not been collected on the parent parcel and shall be paid in cash at the time of final plat approval. The Park Dedication Fee is based on the rate in effect at the time of final plat approval and is calculated as follows: 33 units x $3,532.00 /dwelling unit = $116,556.00 Single- Family Dwelling Units Park Dedication Fee Rate Total 24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs in the amount of $1,625.00 must be paid at the time of final plat approval, which includes one street /stop combination sign with a no outlet sign, two street/stop combination signs and a future street extension sign. If the street posts are installed in frost conditions, the Developer must pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses must also be paid at the time of final plat approval and is calculated as follows: 33 units x $6.75 /unit/qtr. x 4 qtrs. = $891.00 Dwelling Units Streetlight Operating Fee Total 25. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface water management expenses shall be paid at the time of final plat approval and is calculated as follows: Aronson Bluff Dev. Contract v4 Doc# 170604 Page 10 of 31 33 units x $6.50 /unit /qtr. x 4 qtrs. = $858.00 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 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 adjacent to 202 Street (CSAH 50), 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. A landscape security in the amount of Aronson Bluff Dev. Contract v4 Doc# 170604 Page 11 of 31 $15,000 must be submitted prior to the release of the final plat mylars to insure the landscaping within the buffer yard area and within in the storm water basins is installed as shown on the approved plans. 28. TREE PRESERVATION. There are no significant trees within the plat. 29. FUTURE UPGRADE OF 202 STREET (CSAH 50). A cash fee for the future upgrade of 202 Street (CSAH 50) must be paid at the time of final plat approval. The fee is calculated as follows: 600 f.f. x $72/ f.f. _ $43,200.00 Front Footage Along 202 Street (CSAH 50) 202 Street (CSAH 50) Assessment Rate Total 30. WETLAND MITIGATION. The wetland replacement plan for Aronson Bluff was approved by the City on December 2, 2008. The site was field verified by the City again in the summer of 2010. One wetland was delineated along the west boundary of Aronson Bluff. The wetland and 25 foot wetland buffer is included within Outlot A as required by the City's Wetland Management Plan. The Developer will be allowed to grade within the buffer area with slopes no greater than 8:1. The wetland and buffer will be conveyed to the City in Outlot A. No impacts are proposed to the wetland. 31. CONVEYANCE OF CITY -OWNED PROPERTY. Prior to recording the Aronson Bluff final plat, a 2,194 square foot area of City -owned property located adjacent to Lot 17, Block 1, Aronson Bluff within Aronson Park and legally described on the attached Exhibit "B" ( "City Property "), shall be conveyed to the developer. In return the developer shall plat an additional 2,194 square feet of land within Outlot A, Aronson Bluff as shown on the final plat. The City shall convey the City Property to Developer by Quit Claim Deed. The Developer shall pay all City costs associated with the conveyance of the City Property. Conveyance of the deed is condition upon receipt of payment by the City and simultaneous recording of the plat. 32. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the May 29, 2013, engineering report. B. Implementation of the recommendations of the Parks, Recreation, and Natural Resources Committee. C. Before the City signs the final plat, the Developer shall convey Outlot A to the City by Warranty Deed, free and clear of any and all encumbrances. Aronson Bluff Dev. Contract v4 Doc# 170604 Page 12 of 31 D. Before the City signs the final plat, the Developer will grant to the City a temporary easement over the temporary cul -de -sac area at the north end of Hampton Avenue within Lot 1, Block 1 and Lot 1, Block 2. E. A security of $60,000.00 for the burial of the existing overhead utility line along 202 Street must be submitted by the Developer at the time of final plat approval. F. "Future Street Extension" signs facing south and "Emergency Access Only" signs facing north must be installed on the emergency access gates at the north end of Hampton Avenue until the street is extended in the future. G. The buffer yard berm must be sodded to the edge of the trail along 202 Street (CSAH 50). A $1,000 cash escrow must be submitted with the building permit application for the lots adjacent to 202 Street (CSAH 50) to guarantee the installation of the sod. This escrow is in addition to the landscape /sod escrow required for this lot at the time of building permit. H. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs for the Aronson Bluff development. The Aronson Bluff development must comply with the following RS -3 Single Family District setback requirements: Front Yard 30 feet Rear Yard 30 feet Rear Yard (abutting 202 Street CSAH 50) 50 feet Side Yard (Interior) 10 feet Side Yard (Corner) 20 feet Side Yard (abutting 202 Street CSAH 50) 30 feet I. 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 $3,400.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 34 lots 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 Aronson Bluff Dev. Contract v4 Doc# 170604 Page 13 of 31 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. J. 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 $2,550.00. K. 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 $8,400.00 and consists of seven (7) post top streetlights at $1200.00 each. L. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. 33. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto, from a bank ( "security ") for $934,255.38. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Undergrounding Overhead Utilities B. Sanitary Sewer C. Watermain D. Storm Sewer E. Street Construction E. Erosion Control and Grading Certification CONSTRUCTION SUB -TOTAL Aronson Bluff Dev. Contract v4 Doc# 170604 $ 60,000.00 88,046.00 134,696.00 74,480.00 233, 262.00 196.945.50 $787,429.50 Page 14 of 31 OTHER COSTS: A. Developer's Design (6.0 %) B. Developer's Construction Survey (2.5 %) C. City's Legal Expense (0.5 %) D. City Construction Observation (7.0 %) E. Developer's Record Drawing (0.5 %) F. Landscaping G. Lot Corners H. Streetlights SUBTOTAL - OTHER COSTS TOTAL PROJECT SECURITIES $43,645.77 18,185.74 3,637.15 50, 920.07 3,637.15 15,000.00 3,400.00 8,400.00 $146,825.88 $934,255.38 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90 %) of the financial obligations that have been satisfied. Ten percent (10 %) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City's standard specifications for utility and street construction outline procedures for security reductions. 34. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: Aronson Bluff Dev. Contract v4 Doc# 170604 Page 15 of 31 A. Future Upgrade of 202 Street (CSAH 50) $ 43,200.00 B. Lateral Watermain Access Charge 8,793.60 C. Sanitary Sewer Availability Charge 33,307.00 D. Trunk Storm Sewer Area Charge 103,896.38 E. Traffic Control Signs 1,625.00 F. Park Dedication Fee 116,556.00 G. Streetlight Operating Fee 891.00 H. Surface Water Management Fee 858.00 I. City Base Map Updating Fee 2,550.00 J. City Engineering Administration (3.00 %) 21,822.89 K. Temporary Turnaround Removal 2,500 SUB -TOTAL - CASH REQUIREMENTS $ 335,999.87 CREDITS TO CASH REQUIREMENTS: Trunk Watermain Improvements $ 80,928.38 202 Street (CSAH 50) Trail Construction 2,321.25 SUB -TOTAL — CREDITS TO CASH REQUIREMENTS $ 83,249.63 TOTAL CASH REQUIREMENTS $ 252,750.24 35. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to secure the warranties. The City shall retain ten percent (10 %) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City's standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 36. RESPONSIBILITY FOR COSTS. Aronson Bluff Dev. Contract v4 Doc# 170604 Page 16 of 31 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. 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. Aronson Bluff Dev. Contract 0 Doc# 170604 Page 17 of 31 37. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty -eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 38. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except 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 Aronson Bluff Dev. ConUact 0 Doc# 170604 Page 18 of 31 damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and /or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. The Developer and contractor shall acquire public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. The insurance must be maintained until six (6) months after the City has accepted the public improvements. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer and contractor shall file with the City a 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. Aronson Bluff Dev. Contract v4 Doc# 170604 Page 19 of 31 J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 39. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 6001 Egan Drive, Suite 100, Savage, Minnesota 55378. 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.] Aronson Bluff Dev. Contract v4 Doc# 170604 Page 20 of 31 CITY OF LAKEVILLE (SEAL) 413 Matt Little, Mayor STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2013, by Matt Little and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC Aronson Bluff Dev. Contract v4 Doc# 170604 AND Page 21 of 31 DEVELOPER: KJ WALK, INC. BY: j"' Its: V G STATE OF MINNESOTA ) 5&C " "T )ss. COUNTY OF- ) The foregoing instrument was acknowledged before me this J& 'T'µ day of J - vtiJiG 2013, by , the G C-O of KJ Walk, Inc., a Florida corporation, on behalf of said corporation. Luke Warren Israelson 1 NOTARY PUBLIC NOTARY PUBLIC State of Minnesota My Commission Expires 1- 31 -2014 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:cjh Aronson Bluff Dev. Contract v4 Doc# 170604 Page 22 of 31 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as ARONSON BLUFF Part of the South Half of the Northwest Quarter of Section 28, Township 114, Range 20, according to the United States Government Survey thereof, Dakota County, Minnesota, described as follows: Commencing at the Southwest corner of said South Half of the Northwest Quarter, thence on an assumed bearing of North 89 degrees 28 minutes 58 seconds East, along the South line of said South Half of the Northwest Quarter, a distance of 2084.03 feet, to the point of beginning; thence North 30 degrees 39 minutes 47 seconds West, a distance of 542.64 feet; thence North 00 degrees 24 minutes 10 seconds East, parallel with the East line of said South Half of the Northwest Quarter, a distance of 850.00 feet, to the North line of said South Half of the Northwest Quarter; thence North 89 degrees 52 minutes 49 seconds East, along said North line of said South Half of the Northwest Quarter, a distance of 600.00 feet, to the West line of McNearney and Larson Addition, according to the recorded plat thereof, thence South 00 degrees 24 minutes 10 seconds West, parallel with the East line of said South Half of the Northwest Quarter, along said West line of said McNearney and Larson Addition, a distance of 1317.89 feet, to the South line of said South Half of the Northwest Quarter, also known as the North line of Village Creek 2 nd Addition, according to the recorded plat thereof; thence South 89 degrees 58 minutes 28 seconds West, along said North line of said Village Creek 2 nd Addition, a distance of 320.00 feet, to the point of beginning, Dakota County, Minnesota. Commencing at the Southwest corner Northwest Quarter of Section 28, Township 114, Range 20, thence on an assumed bearing of North 89 degrees 58 minutes 28 seconds East, along the South line of said Northwest Quarter, a distance of 2084.03 feet, to the point of beginning; thence North 30 degrees 39 minutes 47 seconds West, a distance of 99.95 feet; thence South 00 degrees 01 minutes 21 seconds West, perpendicular to said South line of said Northwest Quarter, a distance of 86.00 feet, to said South line of said Northwest Quarter; thence North 89 degrees 58 minutes 28 seconds East, along said South line of said Northwest Quarter, a distance of 51.01 feet, to the point of beginning, Dakota County, Minnesota. Aronson Bluff Dev. Contract v4 Doc# 170604 Page 23 of 31 EXHIBIT "B" TO DEVELOPMENT CONTRACT Legal Description of City Property Commencing at the Southwest corner of the Northwest Quarter of Section 28, Township 114, Range 20, thence on an assumed bearing of North 89 degrees 58 minutes 28 seconds East, along the South line of said Northwest Quarter, a distance of 2084.03 feet, to the point of beginning; thence North 30 degrees 39 minutes 47 seconds West, a distance of 99.95 feet; thence South 00 degrees 01 minutes 21 seconds West, perpendicular to said South line of said Northwest Quarter, a distance of 86.00 feet, to said South line of said Northwest Quarter; thence North 89 degrees 58 minutes 28 seconds East, along said South line of said Northwest Quarter, a distance of 51.01 feet, to the point of beginning, Dakota County, Minnesota. Aronson Bluff Dev. Contract v4 Doc# 170604 Page 24 of 31 Planning Commission Meeting Minutes, May 23, 2013 6 lots (Lots 4 -9, Block 2) x $2,500 = $15,000 Page 6 The $15,000 escrow may be retained by the City for up to three years or until the turf cover is established and the slope is stabilized as determined by,the Engineer Division. h. Ale r from the developer's engineer is required that certifies that any slope gr ter than 3:1 has been appropriately stabilized to perform equal to or better t a 3:1 slope. 4. In addition to the $2,00 ale price, the developer shaft,-b- responsible for all fees and costs associated with a preparation and recording of the administrative subdivision and the preparatio of the purchase,`agreen ? ent and documentation for the sale of the 509 square f 2, Donnelly Farm 4 Addition. 5. All single - family homes must Residential District setbacks: aet City owned property' "ad1acent to Lot 8, Block compl e following RS 4, Single Family 1 ;•Lz °mom e:�,.„._ Ayes: Reuvers, Grenz ,���1� , ° 7. Aronson Bluff •. Chair Wile�ef4�peried,�f the "Rminalat of ard":4west of Ha' um A Luk ` sraelson from AssociaWRIanner indicated fha -b.the consistent withOh4 developed into t ing, Lillehei blic hea consider the application of KJ Walk or ale family lots, located south of 202 Street (CSAH 50) alk,'LLC presented an overview of his request. Kuennen presented the planning report. Mr. Kuennen zoned RS -3, Single Family Residential District which is prehensive Land Use Plan and allows the property to be sed single family lots. Mr. Kuennen reviewed the minimum lot area, width and depth requirements. He stated that Lot 2, Block 2 must be revised to meet the minimum 150 foot lot depth required for buffer yard lots. Mr. Kuennen also referred to the access of the development and indicated that it would be from the southerly extension of Hampton Avenue in the Village Creek neighborhood. He stated that the developer is proposing an emergency access to the development from 202 Street (CSAH 50) which would provide a secondary access to the development if Hampton Avenue is Rear' 4djacent to Yard Front Front Side Side Darer � "Rear Open Space Areas House Gara a Interior =' Decks onl Setback 20' 25' 7° 20' 4 30' 20' abuttm 9 ',abutting Lots Block 2 D6di:elvd Dodt Blvd.) Ayes: Reuvers, Grenz ,���1� , ° 7. Aronson Bluff •. Chair Wile�ef4�peried,�f the "Rminalat of ard":4west of Ha' um A Luk ` sraelson from AssociaWRIanner indicated fha -b.the consistent withOh4 developed into t ing, Lillehei blic hea consider the application of KJ Walk or ale family lots, located south of 202 Street (CSAH 50) alk,'LLC presented an overview of his request. Kuennen presented the planning report. Mr. Kuennen zoned RS -3, Single Family Residential District which is prehensive Land Use Plan and allows the property to be sed single family lots. Mr. Kuennen reviewed the minimum lot area, width and depth requirements. He stated that Lot 2, Block 2 must be revised to meet the minimum 150 foot lot depth required for buffer yard lots. Mr. Kuennen also referred to the access of the development and indicated that it would be from the southerly extension of Hampton Avenue in the Village Creek neighborhood. He stated that the developer is proposing an emergency access to the development from 202 Street (CSAH 50) which would provide a secondary access to the development if Hampton Avenue is Planning Commission Meeting Minutes, May 23, 2013 Page 7 not accessible from the south. The temporary emergency access will be upgraded to a permanent right -in /right -out in the future when 202 Street (CSAH 50) is upgraded to a four lane divided roadway. The Dakota County Plat Commission considered the temporary emergency access and the permanent right -in /right -out access at their May 20 meeting. They recommended approval. Mr. Kuennen stated that a temporary easement is required over the temporary cul- de-sac area at the north end of Hampton Avenue within Lot 1, Block 1 and Lot 1, Block 2. The developer must submit an easement description for the temporary easement document. Mr. Kuennen stated that the Aronson Bluff plat 4ncTudes the administrative subdivision of a portion of Aronson Park property to tie inc]Ubd in the Aronson Bluff development. He described the proposed swap anrt; ! ndicated that the developer will be responsible for all fees and ,costs associated `'With,the preparation and recording of the administrative subdiymO ,n .tiS.,r. Mr. Kuennen stated that staff recommend plat, subject to the 12 stipulations listed in e Aronson Bluff 'preliminary 13 planning report. Chair Lillehei asked staff to ergency ' ss and how it works. Mr. Kuennen explained that because202 "'Street (Cs 5 0) is a county road, there Th is limited access alloatied,,by Dakota Ctye county controls the access spacing and guidel"'i" for�their roadwa Rs ystem in Lakeville. He indicated the City Xv likes to try to offeR xvvo entrances into a subdivision in case one of those entrances is blocked. He explained the irif im solution recommended by staff is a temporary cul- de -sac at the noA` ��nd of Ha pto 1 Aven�t�j with the emergency access onto County Road 50 control)ed�(�y x 411 - eked ate a�cc ssible only to City staff. When County Road .fl �s�gradecfM$t fhe future to a = -lane divided road, this access would be coned into aught -ir tight -out and the emergency gate and signage would go Chair f= ilehei opened the. hearing to the public for comment. Jon Mali 55 Ham Avenue • Maintenace.ef Hamburg Avenue. � X • Speed limit on Hamburg Avenue. • Trail access to Aronson Park. Jeff Kranz, 20405 Hamburg Avenue • Will there be any drainage issues for the lots on the east side of the Aronson Bluff plat given the elevation difference from their homes on Hamburg Avenue. Planning Commission Meeting Minutes, May 13, 2013 Ann Buesgens, 20405 Hamburg Avenue • Traffic on Hamburg Avenue. • Speeds on Hamburg Avenue. • Truck traffic on Hamburg Avenue. • Lack of trails on Hamburg Avenue. Andrew Rundell, 20395 Hamburg Avenue Same concerns as previously stated. Storm water drainage concerns. Maintenance of the existing walking K Scott, Schlink, 20483 Hamburg Avenue Distances from their rear yards to Aronson Bluff. Style of homes that will bouilt in Motion was made t hearing at 6:58 p.m. Ayes: Grenz, Drotni Nays: 0 Chair Lillehei , Kuennen stat( Road 50 from plat will.:;bave 4 ; Mr. Kiee�x =':i Page 8 structed in the public questions raised by the neighbors. Mr. 1 -. the construction of a trail along County 6� Park. He indicated the Aronson Bluff impton Avenue. Regarding the setbacks, foot rear yard building setback is required ypesW homes proposed are two -story, ramblers, and split ant builders. He indicated there will be no homeowners lave covenants the builders are required to follow. Mr. to drainage and storm water ponding. Mr. Morey addressed the questions regarding Hamburg Avenue. He stated that Hamburg Avenue is a major collector roadway. Currently we no longer allow direct driveway access to major collector roadways. The Zoning Ordinance does not allow driveway access to major collector roadways. He explained that the future upgrade of Hamburg Avenue will be identified in the City's Capital Improvement Plan (CIP) and he can follow up with the neighbors and let them know the timeline. Regarding traffic and speed, the speed limit posted is based in large part on the roadway design and classification. Speeding on the roadway is an enforcement issue for the Police Department. Planning Commission Meeting Minutes, May 23, 2013 Page 9 Mr. Morey stated that Dakota County will not allow a full access today on County Road 50 at Hampton Avenue because it does not meet their spacing guidelines. The upgrade of County Road 50 in this area is not currently included in the County's Five Year CIP. City staff felt that the emergency access is the best alternative at this time due to traffic safety concerns. Regarding trails along major collector roadways, Mr. Morey indicated that they are typically constructed with new developments. Chair Lillehei asked for comments from the Planning Commission. Discussion points were: "�'' " "' • The Planning Commission had an extensi've regarding the emergency access from 202 Street (CSAH- 50) �Qiuestions were raised regarding whether a passenger vehicle oc:ld dowN the barricade or go around it in an emergency situation an .'Who would havd access to a key for x •....;15,, 1 44'g1 the lock. Some Commissioners wereponcerned about only onq.access to the development, even temporarily, lJbt cost Commissioners determined that this would be the best option until 202 " Street is apgfaded and the County allows �. a right -in, right -out access. Mr. MoreV�;�tat = #hat the other options included building a temporary medlars to allow right -out access today, but that is cost prohibitive, and a ij6:ht 4t o only accd§cwhich would be a traffic safety concern because some motorists anrould inA ly cheat the median. Ex- officio member Shawn Fitzfi'enry conc rrecl that tta right -in only option is a traffic safety concern for the`Fbli l parf t.and indicated that access to the key for �epcy gatee addre"sed in the Police Department's CAD systexaR: • Trail access from within the Aronson Bluff plat to Aronson Park was discusse was note that the l -arks, Recreation and Natural Resources Committee "did &l. S 1 f .mdrey,� static 1. 5 ­':Rernal tra ion . 1 A` would decr %3 .1 *.% trail easement ,4:. orey concurre+ W_ U@Izconnection a • Cdift- ssioner ;I presented, tka�e e xecomrr*6h ,construction of an internal trail connection. lSthat if the Planning Commission feels strongly about an ection, it can be added as a stipulation and the City Council r. sraelson explained that he would prefer not to dedicate a �w . trail is going to be constructed in the future. Mr. The Planning Commission decided not to add the internal 5a stipulation. tning appreciated the neighbors' comments and how they Ives at tonight's meeting. Motion was made by Drotning, seconded by Reuvers to recommend to City Council approval of the Aronson Bluff preliminary plat of 33 single family residential lots, located ;south of 202 Street (CSAH 50) and west of Hamburg Avenue, subject to the following 12 stipulations: 1. The recommendations outlined in the May 17, 2013 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. Planning Commission Meeting Minutes, May 23, 2013 Page 10 3. A temporary easement is required over the temporary cul -de -sac area at the north end of Hampton Avenue within Lot 1, Block 1 and Lot 1, Block 2. The developer must submit an easement description for the temporary easement document, which will be prepared by the City Attorney and recorded with the final plat. 4. A park dedication fee of $3,532 per unit for a total of $116,556 will be required to be paid in lieu of dedicating park land prior to the release of the final plat mylars. 5. A five -foot wide concrete sidewalk must be constructed at the developer's expense on the west side of Hampton Avenue. 6. The developer shall construct an 8 foot wide bituminous:= #rail along 202 " Street (CSAH 50) and shall be responsible for 5/8 of the tra )Snstruction cost. 7. The buffer yard landscape screening and the [aradscapirag within the storm water basins must be installed as shown on the apprd"', plans, -% ti 8. The buffer yard berm most be sodded to th ti prlge of thA tfaIl 202 " Street ;., (CSAH 50). �A $1,000 cash escrow must :be submitted with the, building permit application for the lots adjacent to 202 ' Street (CSAH 50) 'W * aguarantee the installation of the sod. This escrow ,will be in addition to the ` iffidscape /sod escrow required for this lot at the time of t�uldmg perMnit. 9. A cash escrow for the future burial of th`estng overhead utility lines along 202 " Street CSAH 50 shalt fie, paid b the develo er prior to the release of the ( ) Y p p final plat mylars. 10. Prior to City Council consid lot depth of Lot 2, Block 2 must be revised to be a minimurf 11.All proposed subdivision identifica �n�s�gris naaa a shown on the plans prior to City Council ap e final pt � ft = ~` 12.All single farmIfY homes � n�ust cornot with the following RS -3, Single Family Residentiat rict setba6 9 Front' Ard ti ;� � ti 30 feet Rear Ya'rc� 4 -��� ° K g , } �� 30 feet Rear Yard Via- fatting 202" Strut (CSAH 50)) 50 feet Side Ward (Interior) 10 feet Side YardCornef) 20 feet " Side Yard ak�uttrn 22 Street ( CSAH 50 )) 30 feet Ayes: n . tning, Swenson, Boerschel, Lillehei, Reuvers, Grenz Nays: Q 1 Abstain diem. C trimissioner Grenz stated that he cannot support this plat because he fdrkJ'rf is not safe with only one access to the neighborhood. 9. Staff Notices Mr. Morey introduced Mark Hansen, the City's new Assistant City Engineer. Mr. Hanson previously worked for SRF. There being no further business, the meeting was adjourned at 7:54 p.m. A CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE MEETING MINUTES May 22, 2013 hair Peterson called the meeting to order at 6 p.m. in Council Chambers at City Hall: Members resent: Lori Bovitz, Tom Goodwin, Judy Hayes, Howard Lovelace, Jeanne Pete n, Bob Swan, Jerry Zell Members Abse • Scott Kelly Staff Present: Par & Recreation Director Brett Altergott, Environmental Resources Manager Mac Cafferty, ecording Secretary Patty Ruedy 2. Approval of April 17, 2 minutes Minutes were approved as ptesented 3. Citizen comments There were no citizen comments. 4. Staff report Bleachers and pathway are being installed a the Miracle Field as well as batting cages being installed at King Park by LBA. 278 es and shrubs were sold during the annual Tree & Shrub Sale. A South Creek Gree ay open house is scheduled for Tuesday, May 28 at the Water Treatment Facilit . Kenrick Trail bid opening scheduled for June 3 and Council meeting on June Summer recreation programs begin on Monday, June 10. 5. Donnelly Farm 4 th Addition preliminary and final plat Staff reviewed the plat. This is a re -plat of townhomes into 24 single -fa ' homes. Motion made by Zell, seconded by Goodwin to approve Donnelly 4th Addition preliminary and final plat as presented by City staff. Aye 6. Aronson Bluff preliminary plat Staff reviewed the plat of 33 single - family lots. Access to the plat will be through a temporary cul -de -sac until Highway 50 gets upgraded. Park dedication fees will be collected at time of final plat. Wetland delineation was approved five years ago; staff will review again before final plat. Grading will be required of developer to divert water from homes away from the softball field. Trail connection to Aronson Park from neighborhood has been removed since previous plat due to steep grade and access to the park directly into a softball field. Motion made by Goodwin, seconded by Zell to approve Aronson Bluff preliminary plat as presented by City staff. Ayes: unanimous Lakeville Memorandum To: Planning Commission From: Allyn Kuennen, AICP, Associate Planner Date: May 17, 2013 City of Lakeville Planning Department Subject: Packet Material for the May 23, 2013 Planning Commission Meeting Agenda Item: Aronson Bluff Preliminary and Final Plat Application Deadline: July 12, 2013 BACKGROUND INFORMATION KJ Walk has submitted a preliminary and final plat application for the development of 33 single family lots on 16.6 acres of land located east of Aronson Park, south of 202 Street (CSAH 50), west of Hamburg Avenue and north of Hartford Way to be known as Aronson Bluff. The preliminary and final plat plans have been distributed to the Engineering Division and to the Parks, Recreational and Natural Resources Committee for their review and comment. The following exhibits are attached for your review: Exhibit A — Location & Zoning Map Exhibit B — Preliminary Plat Exhibit C — Final Plat Exhibit D — Grading and Landscape Plan Exhibit E — Sanitary Sewer and Water Utility Plan Exhibit F — Street Paving Plan Exhibit H — Drainage & Erosion Control Storm Water and Infiltration Plan Proiect Analysis Existing Conditions. The property is currently used as agricultural crop land. The property generally slopes from the east to west with a wetland area along the western border of the plat that includes a scattering of trees. The site is bordered by 202 Street (CSAH 50) to the north, single family homes to the east, Village Creek neighborhood to the south and Aronson Park to the west. Comprehensive Plan. The 2008 Comprehensive Land Use Plan guides this area to be developed as low- density residential development. The proposed use and the density are consistent with District 7 recommendations of the Comprehensive Land Use Plan. Zoning. The site is zoned RS -3, Single Family Residential District which is consistent with the Comprehensive Land Use Plan. The RS -3 District allows the property to be developed into the single - family lots as proposed. Surrounding Land Uses. The table below identifies planned and existing uses adjacent to the proposed development: Direction Land Use Plan Zoning Map Existing Use North Low Density Residential RS -3, Single Family Undeveloped South Low Density Residential RS -3, Single Family Single Family Homes West Park P /OS, Public and Open Space Aronson Park East Low Density Residential RS -3, Single Family Single Family Homes Premature Subdivision Criteria. A preliminary and /or final plat may be deemed premature if any of the criteria listed in Chapter 10 -2 -4 -1 of the Subdivision Ordinance exist. Five criteria pertain to a lack of adequate: drainage, water, streets, sanitary sewer, and public service capacity (schools, police, fire protection). The other pertinent criteria pertain to inconsistencies with the City Comprehensive Land Use and Capital Improvement Plans. Staff review of the Aronson Bluff preliminary and final plat against these criteria finds that it is not a premature subdivision. Density. The gross area of the preliminary plat is 16.69 acres with a gross density of 1.9 units per acre. The net developable area of the preliminary plat, excluding right -of- way and outlots, is 13.023 acres with a net density of 2.53 units per acre. Phasing. Aronson Bluff will be developed in one phase. Blocks. Section 10 -4 -1 of the Subdivision Ordinance requires blocks to be at least 400 feet in length, but no longer than 1,325 feet. All blocks within the preliminary and final plat meet the requirements of the Subdivision Ordinance. Lot Area. Single family lots within the RS -3 District are required to provide a minimum area of 11,000 square feet for interior lots and 12,500 square feet for corner lots. The area of the 33 lots to be preliminary and final platted meet the minimum lot area requirements. Lot Width /Depth. 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 interior and corner lots within the preliminary and final plat meet the minimum lot width requirement. In addition, a minimum lot width of 110 feet is required for corner lots abutting 202 Street (CSAH 50). Lot 1, Block 1 is a corner lot with frontage on 202 Street (CSAH 50) and meets 2 the minimum buffer yard lot width requirement. Lots 1 — 3, Block 2 are through lots with frontage on 202nd Street (CSAH 50) and Hampton Circle and are required to have a minimum lot depth of 150 feet. Lot 2, Block 2 must be revised to meet the minimum 150 foot lot depth. Outlots. One outlot is indicated on the preliminary and final plat. Outlot A includes the wetland area and stormwater treatment basins and will be dedicated to the City. Setbacks. Setback requirements for single family lots in the RS -3 District are outlined below: Yard Front Side Interior Side Corner Rear Setback 30' 10' 20' 30' 30' abutting 202 50' abutting 202nd Street CSAH 50 Street CSAH 50 The building pads shown on the preliminary plat meet the minimum setback requirements listed above. Landscape Plan. Buffer yard screening must be installed on all lots adjacent to 202 Street (CSAH 50). The screening must include a combination of berming and landscaping to maintain a minimum screening height of 10 feet. A six -foot high berm with a double row of eight -foot tall spruce trees are proposed to be installed along 202 Street (CSAH 50). In addition the buffer yard berm must be sodded to the edge of the trail along 202 Street (CSAH 50). Access. Access to the development will be from the extension of Hampton Court from the south. The developer is also proposing an emergency access into the development from 202 Street (CSAH 50). This temporary emergency access would provide a secondary way into the development in the event that Hampton Avenue is not accessible from the south. The temporary emergency access will be blocked by a locked gate accessible to emergency vehicles only. The temporary emergency access will be upgraded to a permanent right -in /right -out in the future when 202 Street (CSAH 50) is upgraded to a four lane divided roadway in the future. The Dakota County Plat Commission will consider the temporary emergency access and the permanent right - in /right -out access at their May 20 meeting. Streets & Right -of -Way. The Aronson Bluff preliminary and final plat is adjacent to 202 Street (CSAH 50) which is classified as an A -Minor Expander with a Y2 right -of- way of 75 feet. The required Y2 width of right -of -way will be dedicated as shown on the preliminary and final plat. The preliminary and final plat also includes the construction of Hampton Avenue, Hampton Court and Hampton Circle which are designed as 32 foot wide local roadways. The developer will dedicate the required 60 foot wide right -of -way as shown on the preliminary and final plat for all local streets. 3 A temporary turnaround within a temporary easement is required on the north end of Hampton Avenue until the access point onto 202 Street (CSAH 50) is upgraded to a right -in /right -out in the future. The developer must submit the required temporary easement documents for recording with the final plat. Sidewalks. The preliminary and final plat indicates a five foot wide concrete sidewalk will be installed on the west side of Hampton Avenue. No sidewalks will be installed within Hampton Court or Hampton Circle. All sidewalks will be constructed by the developer at their cost. Trails. The developer shall grade and construct an 8 -foot wide bituminous trail along the entire frontage of the plat adjacent to 202 Street (CSAH 50). The developer is responsible for 5/8 of the trail construction costs. Park Dedication. The City's Comprehensive Park Plan does not identify any park land needs in the area of the subject site. Therefore, park dedication requirements are to be satisfied as a cash fee in lieu of land as required by Section 10 -4 -8 of the Subdivision Ordinance. A park dedication fee of $3,532 per unit for a total of $116,556 will be required to be paid in lieu of dedicating park land prior to the release of the final plat mylars. Grading, Drainage and Erosion Control. The preliminary and final plat includes grading, drainage, erosion control and utility plans. The Engineering Division reviewed the grading, drainage and erosion control plans and their comments are included in their May 17, 2013 report. The Engineering Division recommends approval of the preliminary and final plat. Wetlands. One wetland area was identified along the west property line. The wetland and 25 foot wetland buffer is included within Outlot A and shown on the preliminary and final plat as required by the City of Lakeville Wetland Management Plan. The wetland buffer will be seeded with the appropriate native mix and established by the developer. No impacts are proposed to the wetland. Tree Preservation. The site was previously graded and farmed and does not include any significant trees. Easements. A temporary easement is required over the temporary cul -de -sac area at the north end of Hampton Avenue within Lot 1, Block 1 and Lot 1, Block 2. The developer must submit an easement description for the temporary easement document, which will be prepared by the City Attorney. The final plat also illustrates the standard perimeter easements for all of the single - family lots as required by Section 10 -4 -4.A of the Subdivision Ordinance. Overhead Utilities. An overhead utility line exists along the south side of 202 Street. A cash escrow for the future burial of the existing overhead utility line along 202 Street shall be paid by the developer prior to the release of the final plat mylars. Subdivision Identification Sign. The submitted plans do not indicate the installation of subdivision identification signs. If subdivision identification signs are to be installed they must comply with Section 9 -3 -7.A of the Sign Ordinance. The Sign Ordinance allows one sign at each entrance to an area from a major collector or arterial street. All proposed subdivision identification signs must be shown on the plans prior to City Council approval of the final plat. Administrative Subdivision. The Aronson Bluff preliminary and final plat includes the administrative subdivision of a portion of Aronson Park property to be included in the Aronson Bluff development. The developer is proposing to swap approximately 3,118 square feet of City owned land in the southwest corner of Lot 17, Block 1 with the same amount of land to be incorporated into Outlot A adjacent to the rear yards of Lots 11 and 12, Block 1. This land swap will provide Lot 17, Block 1 with the needed area to satisfy the minimum lot area requirements and provide an increased buffer area between the baseball field in Aronson Park and the rear yards of Lots 11 and 12, Block 1. The developer will be responsible for all fees and costs associated with the preparation and recording of the administrative subdivision. RECOMMENDATION: The preliminary and final plat plans comply with the provisions of the Zoning Ordinance, Subdivision Ordinance and Comprehensive Plan. Staff recommends approval of the Aronson Bluff preliminary and final plat subject to the following stipulations: 1. The recommendations outlined in the May 17, 2013 Engineering Report. 2. The recommendations of the Parks Recreation and Natural Resources Committee. 3. A temporary easement is required over the temporary cul -de -sac area at the north end of Hampton Avenue within Lot 1, Block 1 and Lot 1, Block 2. The developer must submit an easement description for the temporary easement document, which will be prepared by the City Attorney and recorded with the final plat. 4. A park dedication fee of $3,532 per unit for a total of $116,556 will be required to be paid in lieu of dedicating park land prior to the release of the final plat mylars. 5. A five -foot wide concrete sidewalk must be constructed at the developer's expense on the west side of Hampton Avenue. 6. The developer shall construct an 8 foot wide bituminous trail along 202 "d Street (CSAH 50) and shall be responsible for 5/8 of the trail construction cost. 7. The buffer yard landscape screening and the landscaping within the storm water basins must be installed as shown on the approved plans. 8. The buffer yard berm must be sodded to the edge of the trail along 202 Street (CSAH 50). A $1,000 cash escrow must be submitted with the building permit application for the lots adjacent to 202 Street (CSAH 50) to guarantee the installation of the sod. This escrow will be in addition to the landscape /sod escrow required for this lot at the time of building permit. 9. A cash escrow for the future burial of the existing overhead utility lines along 202 "d Street shall be paid by the developer prior to the release of the final plat mylars. 5 10. Prior to City Council consideration of the final plat, the lot depth of Lot 2, Block 2 must be revised to be a minimum of 150 feet. 11. All proposed subdivision identification signs must be shown on the plans prior to City Council approval of the final plat. 12.All single - family homes must comply with the following RS -3, Single Family District setbacks: Front Yard: Rear Yard: Rear Yard (abutting 202 Street CSAH 50) Side Yard (interior): Side Yard (corner): Side Yard (abutting 202 "d Street CSAH 50): 30 feet 30 feet 50 feet 10 feet 20 feet 30 feet 51 Ilk vt nw „ rL'•7�/ ... I�ry� . �. 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Johnson, City Engineer Dennis Feller, Finance Director Gene Abbott, Building Official Brett Altergott, Parks and Recreation Director Date: May 17, 2013 (updated 6- 12 -13) Subject: Aronson Bluff Final Plat • Final Plat Review • Final Grading Plan Review • Final Utility Plan Review • Final Erosion Control Plan Review City of Lakeville Engineering BACKGROUND K.J. Walk, Inc. has submitted a final plat named Aronson Bluff. The parent parcel is a metes and bounds parcel (PID 22- 02800 -30 -020). The proposed single family residential development is located north of Village Creek 3rd Addition, east of Aronson Park, south of 202 Street (CSAH 50) and west of the McNearny and Larson Subdivision. The parent parcel is zoned RS -3, Single Family Residential. The final plat consists of thirty three single family lots within two blocks and one outlot on 16.70 acres. The outlot will have the following use: Outlot A: Wetland preservation and stormwater management (2.41 acres) (To be dedicated to the City) Development of the site includes the construction of public roadways, sidewalks, trails, sanitary sewer, watermain, storm sewer, and associated grading. The proposed development will be completed by: Developer: K.J. Walk, Inc. ARONSON BLUFF FINAL PLAT MAY 29, 2013 PAGE 2 OF 10 Engineer and Surveyor: K.J. Walk, Inc. and Rehder and Associates, Inc. ADMINISTRATIVE SUBDIVISION Aronson Bluff final plat requires approval of the administrative subdivision of City -owned Aronson Park property (PID 22- 02800 -28 -020). The Developer will swap (see May 17, 2013 Planning Report) 3,118 s.f. of the City's property which will be combined and platted as part of Aronson Bluff. SITE CONDITIONS Aronson Bluff is located on land with rolling terrain generally sloping from the east to west. The site is predominantly open, with trees sparsely found along the northern and western boundaries. A wetland complex area borders the western plat boundary. STREET AND SUBDIVISION LAYOUT Aronson Bluff is located adjacent to transportation facilities under the control of the City of Lakeville and Dakota County. Access to the Aronson Bluff development will be from Hartford Way on the south terminating at a temporary cul -de -sac on the north end of the development. An emergency vehicle only access will be constructed between 202 " Street (CSAH 50) and the temporary cul -de -sac. Hampton Avenue: Hampton Avenue is designed as a 32 -foot wide local roadway with a 5 -foot sidewalk on the west side within a 60 -foot wide right -of -way. The developer will dedicate the right -of- way as shown on the plat and in accordance with subdivision ordinance requirements. Hampton Avenue will be constructed from Hartford Way to just south of 202 Street (CSAH 50) terminating on the north end with a temporary cul -de -sac. The Developer will establish and grant a temporary easement over the temporary cul -de -sac by a separate document and provide a cash escrow of $2,500 for the removal and restoration of the temporary cul -de -sac when 202 " Street (CSAH 50) is constructed in the future to a 4 -lane divided roadway and a permanent connection is made to Hampton Avenue. A "Future Street Extension" sign must be placed on the gate at the north end of Hampton Avenue until the street is extended in the future. The connection to 202 " Street is under the control of Dakota County and is subject to the review of the Dakota County Plat Commission. The preliminary and final plats were reviewed and approved by the Dakota County Plat Commission on May 20, 2013 Hampton Court: Hampton Court is designed as a 32 -foot wide local street within a 60 -foot right -of -way and a cul -de -sac with a 45 -foot radius and a 60 -foot radius right -of -way. The Developer is dedicating the right -of -way as shown on the final plat in compliance with subdivision ordinance requirements. ARONSON BLUFF FINAL PLAT MAY 29, 2013 PAGE 3 OF 10 Hampton Circle Hampton Circle is designed as a 32 -foot wide local street within a 60 -foot right -of -way and a cul -de -sac with a 45 -foot radius and a 60 -foot radius right -of -way. The Developer is dedicating the right -of -way as shown on the final plat in compliance with subdivision ordinance requirements. 202 Street (CSAH 50) Aronson Bluff is located south of and adjacent to 202 Street (CSAH 50), an A -minor Expander as identified in the City's Transportation Plan. Dakota County controls the right - of -way requirement and access locations for 202 Street (CSAH 50). The Dakota County Road Plat Review Needs Map (dated September 8, 2005) indicates the ultimate design for the section of 202 Street (CSAH 50) adjacent to the site is a four -lane divided urban roadway. The 1 /2 right -of -way requirement for a four -lane divided urban roadway is 75 feet. The Developer is dedicating 75 feet of right -of -way to satisfy the right -of -way requirement. The 202 Street (CSAH 50) and Hampton Avenue connection will be constructed as part of the Aronson Bluff improvements. The Developer shall pay 100% of the costs of the required improvements to 202 Street (CSAH 50). Development of Aronson Bluff includes the improvements to 202 Street (CSAH 50) as required by Dakota County. The improvements will include: • The construction of an emergency vehicle access between 202 Street and Hampton Avenue, including a barrier to prevent non - emergency vehicle use. • Appropriate signing to alert motorists that the access is for emergency vehicle use only. The section of 202 Street (CSAH 50) adjacent to the site is constructed as a two -lane rural roadway. Dakota County's current Capital Improvement Plan does not include improvements to 202 Street (CSAH 50) at this location. Pending Dakota County requirements for improvements to 202 Street (CSAH 50), the Developer may need a temporary construction easement from the City for associated grading and construction work within Aronson Park property. A permit from Dakota County is required prior to any work within 202 Street (CSAH -50) right -of -way. The Developer shall also grade the boulevard within 202 Street (CSAH 50) right -of -way to ensure that the property line adjacent to 202 Street (CSAH 50) allows for the future four -lane divided urban roadway. The developer shall grade and construct an 8 -foot bituminous trail within the proposed 202 Street (CSAH 50) right -of -way. A cash fee for the future upgrade of 202 Street (CSAH 50) shall be paid at the time of final plat approval. The fee is calculated as follows: 600 f.f. x $72/ ff. = $ 43,200.00 Front Footage Along 202' Street (CSAH 50) 202n Street (CSAH 50) Assessment Rate Total ARONSON BLUFF FINAL PLAT MAY 29, 2013 PAGE 4 OF 10 The City reserves the right to increase the street sections at the time of construction based upon site conditions. Building permits, except three model home permits, for Aronson Bluff shall not be issued until the concrete curb and gutter and bituminous base pavement have been installed. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction shall be from Hartford Way via the northerly junction with Hamburg Avenue. No construction traffic shall enter Aronson Bluff through the Village Creek subdivisions. PARKS AND TRAILS Development of Aronson Bluff includes the construction of public sidewalks. The Developer shall construct 5 -foot wide concrete sidewalks and pedestrian curb ramps along one side of all local roadways except cul -de -sacs. The final plat indicates sidewalks will be installed on the west side of Hampton Avenue. Hartford Way has existing 5 -foot wide sidewalks constructed on both sides with previous developments. The developer shall also construct an 8 -foot wide trail adjacent to the north plat boundary within the dedicated 202nd Street (CSAH 50) right -of -way. The developer will be responsible for 5 /8ths of the estimated trail construction costs and will be 100% responsible for rough grading and restoration of the trail area. The developer shall receive a credit for the 202nd Street (CSAH 50) trail calculated as follows: $6,190.00 x 3/8 = $2,321.25 Total Estimated Cost City's Trail Total for Trail Construction Cost Portion Along 202'' Street (CSAH 50) The Park Dedication Fee has not been collected on the parent parcel and shall be paid in cash at the time of final plat approval. The Park Dedication Fee is based on the rate in effect at the time of final plat approval and is calculated as follows: 33 units x $3,532.00 /dwelling unit = $ 116,556.00 Single - Family Dwelling Units Park Dedication Fee Rate Total UTILITIES SANITARY SEWER Aronson Bluff is located within subdistricts SC -10625 and SC -10626 of the South Creek sanitary sewer district as identified in the City's Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing trunk sanitary sewer to the MCES Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. The city -owned ARONSON BLUFF FINAL PLAT MAY 29, 2013 PAGE 5 OF 10 downstream facilities have sufficient capacity to serve the proposed residential subdivision. Development of Aronson Bluff final plat will be served by existing sewer previously installed as part of the Village Creek 2nd Addition improvements. The proposed sanitary sewer layout is in accordance with the City's Comprehensive Sanitary Sewer Plan. Final locations and sizes of all sanitary sewers will be reviewed by City Staff with the final construction plans. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid in cash at the time of final plat approval. The Sanitary Sewer Availability Charge is calculated as follows: 33 units x $307.00 /dwelling unit = $33,307.00 Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total WATERMAIN Development of Aronson Bluff includes the extension of watermain. The City's Comprehensive Water Plan identifies trunk watermain improvements along 202nd Street (CSAH 50). 16 -inch trunk watermain will be extended along 202nd Street right -of -way to the proposed intersection of Hampton Avenue from an existing 16 -inch watermain stub located at the eastern plat boundary of St. John's First Addition. A condition of final plat approval is the developer will secure permanent public drainage and utility easements from the property owner at 8245 202nd Street (PID's 220280001225 & 220280001525) as well as temporary construction easements, if necessary, for the extension of the trunk watermain. 8 -inch watermain shall be bored under 202nd Street (CSAH 50) and placed in a steel casing. A permit from Dakota County is required prior to any work within 202nd Street (CSAH 50) right -of -way. The 8 -inch watermain will be extended within the subdivision from the intersection of 202nd Street (CSAH 50) and Hampton Avenue to an existing 8 -inch watermain located in Hartford Way. The 8 -inch watermain will connect to the 16 -inch trunk watermain to provide a looped watermain system. The Developer is eligible for credit for the trunk watermain improvements along 202nd Street (CSAH 50) and will be responsible for lateral watermain access charges as noted below. • The City shall pay 100% of the construction cost to install the 16 -inch trunk watermain between the east plat boundary of St. John's First Addition to the intersection of Hampton Avenue and 202nd Street (CSAH 50), as well as the jacking under 202nd Street (CSAH 50). The credit is $80,928.38 and is based on the estimated construction cost provided by the Developer's engineer on May 14, 2013 and includes a 15% allowance for engineering and surveying costs. The watermain credit shall be applied to Aronson Bluff final plat cash fees. ARONSON BLUFF FINAL PLAT MAY 29, 2013 PAGE 6 OF 10 • The Developer shall pay a lateral watermain access charge for the portion of the 16 -inch watermain between the west plat boundary and Hampton Avenue. The charge will be collected at the time of final plat approval and is calculated as follows: 229 f.f. x $38.40/ f.f. _ $ 8,793.60 Footage Along 202 St. From the West Plat Boundary to Hampton Ave. Center Lateral Watermain Access Total Line Charge The proposed watermain layout is in accordance with the City's Comprehensive Water Plan. Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City Staff with the final construction plans. OVERHEAD UTILITIES Consistent with the City's Right -of -Way Management Ordinance, the Developer shall bury the existing overhead utility lines and remove the existing utility poles that are adjacent to or within the proposed plat. A cash escrow of $60,000, based on the cost estimate provided by Xcel Energy, the facility owner, shall be submitted at the time of final plat approval to ensure that the utility lines and poles are buried and /or removed per all applicable codes and regulations. DRAINAGE AND GRADING Aronson Bluff is located within the South Creek drainage district as identified in the City's Water Resources Management Plan. The proposed development sits predominantly within subdistrict SC -47 with a small portion of the site, the southeast corner, situated within subdistricts SC -45 & SC -46. Runoff generated from the lots within the Aronson Bluff preliminary plat will be conveyed via storm sewer and overland flow to two treatment sites. The runoff will be treated and released into the existing wetland and drainageway, eventually discharging into the South Creek. The Developer will construct a stormwater basin and bioretention area in Outlot A of the Aronson Bluff final plat. The bioretention areas will be a filtration /partial recharge facility consisting of a sandy compost mix and an underdrain discharge system. The bioretention area is designed to filtrate 1 - inches of runoff from all newly created impervious surface area within 72 hours. The bioretention system is consistent with the City's Water Resources Management Plan. The Developer will convey Outlot A of the Aronson Bluff final plat to the City by deed. The final grading plan must identify all fill lots in which the building footings will be placed on fill material. The grading specifications must also indicate that all embankments ARONSON BLUFF FINAL PLAT MAY 29, 2013 PAGE 7 OF 10 meet FHA /HUD 79g specifications. The Developer must certify to the City that all lots with footings placed on fill material are appropriately constructed. 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. RESIDENTIAL BUFFER YARD REQUIREMENTS 202 Street (CSAH 50) is an A -minor expander, as identified in the City's Transportation Plan. A buffer yard berm and landscaping screen with a combined minimum height of 10 feet shall be provided adjacent to 202 Street (CSAH 50). STORM SEWER Storm water runoff from the public right -of -way and lots constructed with the Aronson Bluff final plat will be conveyed via existing storm sewer and directed to storm sewer treatment facilities designed and constructed to accommodate the runoff in the Aronson Bluff subdivision. The Developer will construct two stormwater basins and bioretention areas in Outlot A. Storm sewer will be installed within the subdivision to collect and convey stormwater from within the public right -of -way and lots to the treatment basins in Outlot A. Final storm sewer locations and sizes will be reviewed by City Staff with the final construction plans. Draintile construction is required in areas of non - granular soils within Aronson Bluff for the street sub -cuts and lots. Drain tile service connections are required on all lots except Lots 2 -7, Block 1 of the Aronson Bluff final plat. 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 parcels and shall be paid in cash at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows: 727,230 s.f. - 105,096 s.f. x $0.167/s.f. _ $103,896.38 Gross Area of Area of Outlot A (Wetland Area Charge Total Aronson Bluff Preservation and Stormwater Management) WETLANDS The wetland delineation was completed by Tetra Tech and was reviewed and approved by the City on December 2, 2008. The site was field verified by the City again in the summer of 2010. The Developer has staked the wetland and is in the process of submitting an updated wetland delineation. The updated wetland delineation must be ARONSON BLUFF FINAL PLAT MAY 29, 2013 PAGE 8 OF 10 reviewed and approved prior to final plat approval. One wetland was identified along the west boundary. A 25 foot average wetland buffer is shown on the preliminary plat plans as required by the City of Lakeville Wetland Management Plan. The wetland buffer area was previously farmed. The developer is being allowed to grade within the buffer area with slopes no greater than 8:1. The wetland and buffer will be conveyed to the City in Outlot A. No impacts are proposed to the wetland. TREE PRESERVATION There are no significant trees within the plat. EROSION CONTROL An erosion control plan has been submitted and includes the following: • A single gravel construction entrance is indicated on the erosion control notes. • A seed /mulch specification that meets City requirements. • All 3:1 slopes seeded and stabilized with fiber blanket. • Phased construction to minimize soil loss. • Ditch checks are shown in all swales. • Inlet protection is included in the plans. Wimco Road Drain or equivalent will be used on all street catch basins and Royal Infra -safe or equivalent will be used for all rear lot catch basins. • The NPDES requirements are included in the plan set. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water Conservation District. Additional measures shall be installed and maintained by the developer. The streets must be cleared of debris at the end of each day. Street sweeping must be done weekly or more often as needed. All streets must be maintained to provide safe driving conditions. Heavy -duty silt fence must be installed and maintained along all wetland boundaries. SECURITIES The developer shall provide a Letter of Credit as security for the developer - installed improvements relating to Aronson Bluff. The construction costs are based upon estimates submitted by the Developer's Engineer on May 14, 2013. CONSTRUCTION COSTS Sanitary Sewer $ 88,046.00 Watermain 134,696.00 Storm Sewer 74,480.00 Street Construction 233,262.00 Erosion Control and Grading Certification 196,945.50 ARONSON BLUFF FINAL PLAT MAY 29, 2013 PAGE 9 OF 10 SUBTOTAL - CONSTRUCTION COSTS $727,429.50 OTHER COSTS Developer's Design (6.0 %) Developer's Construction Survey (2.5 %) City's Legal Expense (0.5 %) City Construction Observation (7.0 %) Developer's Record Drawing (0.5 %) Landscaping Lot Corners Streetlights SUBTOTAL - OTHER COSTS $43,645.77 18,185.74 3,637.15 50,920.07 3,637.15 15,000.00 3,400.00 8,400.00 $146,825.88 TOTAL PROJECT SECURITIES $874,255.38 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 $3,400.00. The City shall hold this security until the Developer's Land Surveyor certifies that all irons have been placed following site grading, street and utility construction. The streetlight security totals $8,400.00, which consists of seven post top streetlights at $1,200.00 each. CASH FEES The cash fee for traffic control signs is $1,625.00 which includes one street /stop combination sign with a no outlet sign, two street /stop combination signs and a future street extension sign. If the street posts are installed in frost conditions, the Developer will pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses shall be paid at the time of final plat approval and is calculated as follows: 33 units x $6.75 /unit /qtr. x 4 gtrs. =$891.00 Dwelling Units Streetlight Operating Fee Total A cash fee for one -year of surface water management expenses shall be paid at the time of final plat approval and is calculated as follows: 33 units x $6.50 /unit /qtr. x 4 qtrs. = $ 858.00 Dwelling Units Surface Water Management Fee Total ARONSON BLUFF FINAL PLAT MAY 29, 2013 PAGE 10 OF 10 A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid at the time of final plat approval and is calculated as follows: 34 units x $75.00 /unit = $ 2,550.00 No. of Lots /Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file. The Developer shall also pay a cash fee for City Engineering Administration. The Developer has elected to provide a Letter of Credit as security for the Developer - installed improvements. The fee for City Engineering Administration will be based on three percent (3.00 %) of the estimated construction cost, or $21,822.89. CASH REQUIREMENTS Future Upgrade of 202 Street (CSAH 50) $43,200.00 Lateral Watermain Access Charge 8,793.60 Sanitary Sewer Availability Charge 33,307.00 Undergrounding Overhead Utilities 60,000.00 Trunk Storm Sewer Area Charge 103,896.38 Traffic Control Signs 1,625.00 Park Dedication Fee 116,556.00 Streetlight Operating Fee 891.00 Surface Water Management Fee 858.00 City Base Map Updating Fee 2,550.00 City Engineering Administration (3.00 %) 21,822.89 SUBTOTAL - CASH REQUIREMENTS $393,499.87 CREDITS TO THE CASH REQUIREMENTS Trunk Watermain Improvements $80,928.38 202 Street (CSAH 50) Trail Construction 2,321.25 SUBTOTAL CREDITS TO THE CASH REQUIREMENTS $83,249.63 TOTAL CASH REQUIREMENTS RECOMMENDATION $310,250.24 Engineering recommends approval of the final plat, administrative subdivision, grading plan, and utility plan for Aronson Bluff, subject to the comments within this report and the following condition: • The Developer shall provide a permanent and temporary easement for the construction of the 16 -inch trunk watermain along 202 Street (CSAH 50) at the time of final plat approval.