HomeMy WebLinkAboutItem 06.hJuly 30, 2013
AUGUST 5, 2013 CITY COUNCIL MEETING
DOUBLE E CROSSINGS 4 ADDITION FINAL PLAT
Proposed Action
Item No.
Staff recommends adoption of the following motion: Move to approve: a resolution approving the
final plat of Double E Crossings 4 th Addition.
Adoption of this motion will approve the final plat for one commercial lot within the Double E
Crossings development.
Overview
Peter Eisenhuth, representing Cosmopolitan Orthodontics, has submitted an application for the
final plat of one lot to allow the construction of a 5,800 square foot dental office on 1.74 acres
located at the southwest corner of Dodd Boulevard (CSAH 9) and Cedar Avenue (CSAH 23), south
of Bremer Bank. Access to the dental office will be from an existing internal private drive previously
constructed with the first addition of Double E Crossings. The Double E Crossings preliminary plat
was approved by the City Council in 2005 and indicated a commercial use for this lot.
Staff recommends approval of the Double E Crossings 4 th Addition final plat as outlined in the
attached planning and engineering reports.
Primary Issues to Consider
• None
Supportina Information
• Resolution approving the Double E Crossing 4 th Addition final plat
• The signed development contract
• July 12, 2013 Planning Report
• July 12, 2013 Engineering Report
Allyr^uenneri, AICP
Associate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances and Zoning Map
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
RESOLUTION
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF
DOUBLE E CROSSINGS 4 TH ADDITION
WHEREAS, the owner of the plat described as Double E Crossings 4 ffi Addition has
requested final plat approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and the
Parks, Recreation and Natural Resources Committee; and
WHEREAS, the final plat is consistent with the preliminary plat and acceptable to the
City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The final plat of Double E Crossings 4 t ' Addition 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 5` day of August 2013.
CITY OF LAKEVILLE
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA)
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 5 th day of August, 2013, as shown by the minutes of said
meeting in my possession.
Charlene Friedges, City Clerk
(SEAL)
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
DOUBLE E CROSSINGS 4
AGREEMENT dated tn` 3 2013, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ( "City"), and NITI, LLC, a Minnesota limited liability
company (the "Developer")
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for DOUBLE E CRossms 4 T " ADDITION (referred to in this Contract as the "plat "). The land is situated in
the County of Dakota, State of Minnesota, and is legally described as:
OUTLOTA, DOUBLE E CROSSINGS 3
DAKOTA COUNTY, MINNESOTA
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or
private improvements, or any buildings until all the following conditions have been satisfied: 1) this
agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security
171437v1 1 Double E Crossings 4 th Add.
has been received by the City, and 3) the necessary insurance for the Developer and its construction
contractors has been received by the City. In addition, the City will not issue a permit for more than one
structure until the plat is filed with the office of the Dakota County Recorder or Registrar of Titles.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi - phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park charges referred to in this Contract
are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for
future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are
final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City's
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans
may be prepared, subject to the City Engineer's approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
171437v 1 2 Double E Crossings 4 t ` Add.
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
1714370 3 Double E Crossings e Add.
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
171437v1 4 Double E Crossings 4' Add.
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
171437v1 5 Double E Crossings 4 Add.
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, 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 treatmentfinfiltration 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 building 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 soils observation and testing report, including referenced
1714370 6 Double E Crossings 0' Add.
development phases and lot descriptions, shall be submitted to the Building Official for review prior to the
issuance of building permits.
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, builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in -house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and its engineer on status or
problems regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be
three percent (3 %) of construction costs identified in the Summary of Security Requirements 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. Development of Double E Crossings 4` Addition includes the
construction of a private storm sewer system. The storm sewer system will collect runoff generated from
within the site and convey it to the existing City -owned storm water basin located west of the site (Outlot
A, Double E Crossings).
171437v1 7 Double E Crossings 0 Add.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and must be
paid at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows:
74,720 s.f. x $0.235/s.f. _ $17,559.20
Gross Area of Double E Crossings 4 Addition Area Charge Total
Final locations and sizes of all storm sewers must be reviewed by City staff with the final construction
plans.
20. SANITARY SEWER AND WATERMAIN. Development of Double E Crossings 4th
Addition will not require new sanitary sewer or watermain construction. An existing sanitary sewer and
water service that was installed with the Double E Crossings first phase improvements extends into the
site and will serve the proposed building within Double E Crossings 4 Addition.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel of Double E.
Crossings 4 Addition and shall be paid with the building permit. The Sanitary Sewer Availability Charge
is $307.00 per residential equivalent unit and shall be calculated when the MCES Sac Units have been
determined.
21. CONSTRUCTION ACCESS. Construction traffic access and egress for the site shall be
from the existing private drive at the rock construction entrance, as shown on the plans
22. PARK AND TRAILS. Development of Double E Crossings 4 Addition includes the
construction of a private sidewalk. The Developer will install a 5 -foot wide concrete sidewalk along the north
perimeter of the site and provide a connection to the existing public bituminous trail along the west side of
Cedar Avenue. Pedestrian curb ramps, with truncated domes, and zebra crosswalk striping shall be
installed where the sidewalk crosses the private drive in the northwest corner of the plat. Pedestrian
curb ramps, with truncated domes, will be installed where the sidewalk crosses the two driveway
accesses to the site. The Developer will pay 100% of the costs associated with constructing the
sidewalk.
The Park Dedication Fee has not been collected on the parent parcel of Double E Crossings 4 th
Addition. The City's Comprehensive Parks, Trails and Open Space Plan does not identify any park
171437v 1 8 Double E Crossings 4 ` Add.
facilities within the site. As a result, the Developer will satisfy the park dedication requirement through a
cash contribution. The Developer shall pay a cash fee of $13,385.82 in satisfaction of the City's park
dedication requirements at the time of final plat approval. The Park Dedication Fee is calculated as
follows:
1.74 acres x $7,693.00 /acre = $13,385.82
Gross Area of Double E Crossings 4 th Addition Park Dedication Fee Rate Total
23. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The street
signs associated with the development of Double E Crossings 4 th Addition will be privately owned and
maintained by the Developer. A security was submitted with the final plat to ensure that the street sign
installation is completed. A final Certificate of Occupancy will not be issued until the street signs are
installed.
A cash fee for one -year of streetlight operating expenses shall be paid with the final plat and is
calculated as follows:
237.00 f.f. x $0.2182/f.f. /qtr x 4 qtrs = $206.85
Cedar Avenue Front Footage Streetlight Operating Rate Total
24. SURFACE WATER MANAGEMENT UTILITY FEE. The Developer shall a cash fee for
one year of surface water management utility expenses. The fee is calculated as follows:
1.74 acres x 4.20 REU x $7.00 /unit/qtr x 31.6/42.0 x 4 qtrs = $153.96
Area of Lot 1 Residential Surface Water Impervious % Total
Equivalent Utility Management Rate Adjustment
Factor
25. LANDSCAPING. Landscaping shall be installed in accordance with the approved
landscape plan. The Developer shall post a $20,000.00 landscaping security at the time of final plat
approval to ensure that the landscaping is installed in accordance with the approved plan.
26. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the July 12, 2013, engineering report.
B. The site and buildings shall be developed in conformance with the plans approved by the City.
171437v1 9 Double E Crossings e Add.
C. Double E. Crossings 4"' Addition is subject to the uses and requirements of the C -3 General
Commercial District.
D. The Developer must obtain a sign permit from the City prior to the installation of any signs on
the site. All signs must meet City zoning ordinance requirements.
E. If site lighting is to be installed on the site, the Developer must submit to the City a photometric
plan for review with the building permit application.
F. If the office building is to include a refuse dumpster it must be placed within an enclosure that is
taller than the dumpster being enclosed. The enclosure must be constructed to match the
exterior construction material of the building and include a solid maintenance free gate for
access.
G. 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 $100.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: one
(1) lot at $100.00 per lot/outlots. The security will be held by the City until the Developer's land
surveyor certifies that all irons have been set following site grading and utility and street
construction. In addition, the certificate of survey must also include a certification that all irons
for a specific lot have either been found or set prior to the issuance of a building permit for that
lot.
H. The Developer shall pay a cash fee for the preparation of record construction drawings and City
base map updating. This fee is $75.00 per lot/outlots for a total charge of $75.00.
1. 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
171437v 1 10 Double E Crossings 0 Add.
specifications. The Developer shall also submit one complete set of reproducible construction
plans on Mylar.
27. 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 $154,972.05, plus a cash fee of $3,473.10 for City
engineering administration. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A.
Watermain
$
10,405.00
B.
Sanitary Sewer
25,990.00
C.
Streets
66,887.00
D.
Storm Sewer
5,338.00
E.
Erosion Control and Grading Certification
7.150.00
CONSTRUCTION SUB -TOTAL
$
115,770.00
OTHER COSTS:
A.
Developer's Design (6.0 %)
$
6,946.20
B.
Developer's Construction Survey (2.5 %)
2,894.25
C.
City Legal Expenses (Est. 0.5 %)
578.85
D.
City Construction Observation (Est. 7.0 %)
8,105.90
E.
Developer's Record Drawings (0.5 %)
578.85
F.
Landscaping
20,000.00
G.
Lot Corners
100.00
OTHER COSTS SUB -TOTAL
$
39,204.05
TOTAL SECURITIES:
$
154,974.05
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
171437v 1 11 Double E Crossings 4" Add.
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.
28. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Park Dedication Fee
B. Sanitary Sewer Availability Charge
C. Trunk Storm Sewer Area Charge
D. Streetlight Operating Fee
E. Surface Water Management Utility Fee
F. City Base Map Updating Fee
G. City Engineering Administration (3.00°/x)
TOTAL CASH REQUIREMENTS
$ 13,385.82
Due with building permit
17,559.20
206.85
153.96
75.00
3,473.10
$ 34,853.93 (�
29. 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
171437vl 12 Double E Crossings 0 Add.
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.
30. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attomeys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attomeys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18 %) per year.
17143 h'1 13 Double E Crossings 4 "' Add.
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.
31. 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.
32. 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.
171437v1 14 Double E Crossings 4"' Add.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. The
Developer covenants with the City, its successors and assigns, that the Developer is well
seized in fee title of the property being final platted and /or has obtained consents to this
Contract, in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
I. The Developer and contractor shall acquire public liability and property damage insurance
covering personal injury, including death, and claims for property damage which may arise out
of the Developer's work or the work of their subcontractors or by one directly or indirectly
employed by any of them. The insurance must be maintained until six (6) months after the City
has accepted the public improvements. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall
be not less than $200,000 for each occurrence; or a combination single limit policy of
$1,000,000 or more. The City shall be named as an additional insured on the policy on a
primary and noncontributory basis, and the Developer and contractor shall file with the City a
171437vl 15 Double E Crossings 4ch Add.
certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that
the City must be given ten (10) days advance written notice of the cancellation of the insurance.
J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
K. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it.
L. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built.
M. Lot 1, Block 1, Double E Crossings 4 th Addition contains approximately 1.74 acres. A National
Pollution Discharge Elimination System General Stormwater Permit for construction activity is
required from the Minnesota Pollution Control Agency (MPCA) for areas equal or greater than
one acre and areas part of a larger development being disturbed by clearing, grading and
excavation. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City
upon receipt from the MPCA.
1714 37v 1 16 Double E Crossings 4th Add.
N. A temporary right -in /right -out access at Cedar Avenue was constructed with the Double E
Crossings first phase improvements. The temporary access will be removed in the future as
described in the Double E Crossings Development Contract.
33. 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: NiTi, LLC, c/o Peter Eisenhuth, 612 Pond View Court, Eagan, Minnesota 55120.
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.)
171437vl 17 Double E Crossings 0 Add.
CITY OF LAKEVILLE
(SEAL)
BY:
Matt Little, Mayor
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
AND:
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
171437vl 18 Double E Crossings 4 ` Add.
DEVELOPER:
NITI, LLC
L�
isenhuth, Its Chief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 2 �5rJ day of Ju (j
2013, by Peter Eisenhuth, the Chief Manager of NiTi, LLC, a Minnesota limited liability company, on
behalf of said company.
-QA/)/
NOTARY PUBLI
KELLY L. ZIMMER
.. Notary Public- Minnesota
A, My Commission Expires Jan 31, 2015
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651 - 452 -5000
RNK:cjh
1 "14 ' 19 Double E Crossings 4` Add.
Memorandum
City of Lakeville
Planning Department
To: Daryl Morey, Planning Director
From: Allyn Kuennen, AICP, Associate Plannerkt
Date: July 12, 2013
Subject: Double E Crossings 4"' Addition Final Plat.
BACKGROUND INFORMATION
Peter Eisenhuth, representing Cosmopolitan Orthodontics, has submitted an application for the
final plat of one lot and the construction of a 5,800 square foot dental office on 1.74 acres
located at the southwest corner of Dodd Boulevard (CSAH 9) and Cedar Avenue (CSAH 23),
south of Bremer Bank. Access to the dental office will be from an existing internal private drive
previously platted with the first addition of Double E Crossings. The Double E Crossings
preliminary plat was approved by the City Council in 2005 and indicated a retail use for this lot.
The following exhibits are attached:
Exhibit A — Location and Zoning Map
Exhibit B — Approved Preliminary Plat
Exhibit C — Final Plat
Exhibit D — Building Elevation Plans
Exhibit E — Existing Conditions
Exhibit F — Site Plan
Exhibit G — Grading and Drainage Plan
Exhibit H — Erosion Control Plan
Exhibit I — Utility Plan
Exhibit I — Landscape Plan
Exhibit K — Dakota County Plat Commission Letter
PROJECT ANALYSIS
Existing Conditions. The property was cleared and rough graded with the construction of the
CVS Pharmacy with the Double E Crossings First Addition plat. Internal private streets serving
the fourth addition and the storm water treatment basin were also previously constructed.
Comprehensive Plan. The Comprehensive Plan guides the subject site to be developed as
Commercial. The proposed dental office is consistent with the 2030 land use plan.
Zoning. The Double E Crossings development is zoned C -3, General Commercial District. The
proposed dental office is an allowed use within the C -3 District.
Surrounding Uses. The project is surrounded by the following existing or planned land uses:
Direction
Existing Use
Land Use Plan
Zonin
North
Bremer Bank
Commercial
C -3 General Commercial District
East
Crossroads Retail Center
Commercial
PUD Planned Unit Development
South
DEA Electrical Substation
Commercial
C -3, General Commercial District
West
Storm Water Basin
Restricted
Development
P /OS, Public /Open Space District
Lot Requirements. Lots within the C -3 District must have a minimum area of 20,000 square
feet and 100 feet of lot width as measured at the front setback line. The overall size of the
subject site is 75,758 square feet. The lot width at the front setback line is approximately 237
feet. The final plat exceeds the requirements for lot area and width.
Outlots. The final plat of the second addition does not include any outlots.
Setbacks. Setbacks for buildings and parking within the C -3, General Commercial District are:
Yard
Front
Side
Rear
Parking
Parking
Parking
(Private
(Rear and
(front)
Drive )
Side
Setback
30'
10'
10'
15'
5'
15'
The proposed medical office building and parking lot meet the minimum setback requirements.
Streets. The property has frontage along Cedar Avenue (CSAH 23). Cedar Avenue is a High
Density Minor Arterial as identified in the Comprehensive Transportation Plan. Cedar Avenue
adjacent to Double E Crossings 2 nd Addition is a four lane divided road with a total required
right -of -way of 200 feet. The 1 /2 right of way requirement for this section of Cedar Avenue is
100 feet as previously platted. No additional right -of -way is required.
Access. Access to the office building will be from an existing internal private drive previously
platted with the first addition of Double E Crossings. Access for the overall development will be
from an existing right -in /right -out on Dodd Boulevard and from an existing temporary right -
in /right -out on Cedar Avenue.
The Dakota County Plat Commission reviewed and approved the plat at their June 17 meeting
and reiterated that the right -in /right -out onto Cedar Avenue is a temporary access point and
will be removed upon the occurrences of any of the following events:
1. Access is provided to Double E Crossings from connection to 179 Street to the south.
2. Access is provided to Double E Crossings from the future development of the property to
the west.
3. At the direction of the Dakota County Board of Commissioners, when traffic conditions
and /or safety issues warrant.
2
Building Design /Height. The building is proposed to have a brick, glass and ornamental
metal exterior consistent with the exterior building standards outlined in Chapter 11 -17 -9 of the
Zoning Ordinance. Rooftop mechanicals are proposed for the building and will be screened from
view from Cedar Avenue and the adjacent properties. The building is proposed to be
constructed with a flat roof with an overall height of approximately 18 feet. The building will be
accented with exterior planting beds, ornamental metal panels and wood trellises.
Future Building/ Phases. The site plan indicates a possible second building to be constructed
on the western portion of the site in the future. Two primary buildings, under the same
ownership, are allowed on one parcel within the C -3 District under a conditional use permit.
The construction of a second building may be allowed with a future subdivision of the property
provided each property meets the minimum standards of the Zoning Ordinance including lot
size, lot width /frontage on a public street, building and parking setbacks, parking standards,
etc. Both scenarios may also require cross access and utility easements, joint signage or other
shared agreements. In addition, the square footage of a future second building would be
limited by the number of parking spaces that could be provided for the building.
Landscaping. The development includes landscaping around the perimeter of the building
and an outdoor seating area for use by employees. A double row of bushes with interspersed
deciduous shrubs are proposed along the east and north property line to screen the parking lot.
Internal parking lot landscaping and green space is also being installed as required by the
Zoning Ordinance. The applicant is also proposing to install a row of deciduous trees along the
western and southern perimeter of the site. The proposed landscaping within and along the
perimeter of the site complies with the requirements of Chapter 11 -21 -9 of the Zoning
Ordinance. A $20,000 landscaping security must be submitted prior to the release of the final
plat mylars.
Off- Street Parking. The Zoning Ordinance requires one parking space per 200 square feet
for office uses. The parking requirements are calculated as follows:
5,800 — 10% = 5,220/200 = 27
Gross Building Total Stalls
Square Footage Required
In addition, the applicant is proposing all parking spaces at 9' x 20' and all drive aisles a
minimum of 24 feet wide. All parking spaces and drive aisles are shown in compliance with the
Zoning Ordinance and the applicant is showing 28 parking spaces, exceeding the number of
spaces required.
Signs. The applicant is proposing a freestanding monument sign along the east property line
adjacent to Cedar Avenue. The location of the monument sign is in compliance with the 15 foot
setback from the right -of -way along Cedar Avenue and along the internal private drive. The
monument sign can be up to 20 feet in height (15 feet in height if the sign includes electronic
signage) and 100 square feet in size. The building is also allowed a 100 square foot fagade
sign. A separate sign permit must be obtained from the Inspections Department prior to
installation of any signage.
Trash Enclosure. A location for refuse storage is not shown on the plans. If the office
building is to include a refuse dumpster it must be placed within an enclosure that is taller than
the dumpster being enclosed. The enclosure must be constructed to match the exterior
construction materials of the building and include a solid maintenance free gate for access.
3
Trails and Sidewalks. A 5 -foot wide concrete sidewalk is proposed to be installed by the
applicant along the south side of the internal private drive with a connection to the existing trail
along Cedar Avenue. No additional sidewalks or trails are required.
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. The park
dedication fee is based on the rate in effect at the time of final plat review and is calculated as
follows:
1.74 acres x $7,693.00 /acre = $13,385.82
Gross Area of Double E Crossings 4"' Addition Park Dedication Fee Rate Total
Easements. The site does not contain any easements that need to be vacated. The applicant
is showing the required perimeter drainage and utility easements.
Grading & Utility Plans. Grading, drainage, erosion control and utility plans have been
submitted to the Engineering Division for review. The final plat engineering report dated July
12, 2013 is attached for your review. Engineering recommends approval of the final plat.
Overhead Utilities. No overhead utilities exist adjacent to the site. All new utilities must be
placed underground.
Tree Preservation. The site does not contain any trees. Therefore, a tree preservation plan is
not required.
Wetland Area. The site does not contain any wetlands.
Site Lighting: A photometric plan must be submitted for the site with the building permit. The
photometric plan must meet the requirements of the Zoning Ordinance for one foot - candle
lighting intensity or less at the property line. All parking lot lighting and exterior building lighting
must be shielded and downcast to avoid glare onto adjacent property, Cedar Avenue or the
internal private drive.
RECOMMENDATION:
The proposed site, building plans and final plat are consistent with the previously approved
preliminary plat and Lakeville Zoning and Subdivision Ordinance requirements. Staff
recommends approval of the Double E Crossings 4 th Addition final plat contingent on the
following stipulations:
1. The recommendations outlined in the July 12, 2013 Engineering Report.
2. The site and buildings shall be developed in conformance with the plans approved by
the City Council.
3. Double E Crossings 4 th Addition is subject to the uses and requirements of the C -3,
General Commercial District.
4. A $20,000 landscaping security must be submitted prior to the release of the final plat
mylars.
5. Park dedication requirements are to be satisfied as a cash fee in lieu of land as
required by section 10 -4 -8 (J) of the Subdivision Ordinance. A fee in the amount of
$13,385.82 must be submitted prior to the release of the final plat mylars.
2
6. If site lighting is to be installed on the site, a photometric plan must be submitted for
review with the building permit application.
7. A sign permit must be obtained prior to the installation of any signs. All signs must
meet Zoning Ordinance requirements.
8. If the office building is to include a refuse dumpster it must be placed within an
enclosure that is taller than the dumpster being enclosed. The enclosure must be
constructed to match the exterior construction materials of the building and include a
solid maintenance free gate for access.
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Dakota County Surveyor's Office
Western Service Center • 14955 Galaxie Avenue suite # 335 • Apple Valley, MN 55124
952- 891 -7087 • Fax 952- 891 -7127 • www.dakotacounty.us
June 20, 2013
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Re: DOUBLE E CROSSINGS 4 ADDITION
The Dakota County Plat Commission met on June 17, 2013, to consider the preliminary plan of the above
referenced plat. The plat is adjacent to CSAH 23, and is therefore subject to the Dakota County
Contiguous Plat Ordinance.
The proposed site includes a single commercial lot from Outlot A, DOUBLE E CROSSINGS 3 ADDITION.
Access is restricted along all of CSAH 23 (Cedar Avenue); however, there is an existing temporary access
connection to CSAH 23 that will be closed in future. The temporary access on CSAH 23 will be removed
upon the occurrence of any of the following events:
• Access is provided to the site (Double E Crossing) from the connection to 179
Street.
In the event that the development of the adjacent parcel to the west of Double E
Crossing occurs, without connections to the 179 Street alignment.
At the direction of the Dakota County Board of Commissioners, when traffic
conditions and /or safety issues warrant.
The Plat Commission has approved the preliminary and final plat and will recommend approval to the
County Board of Commissioners when the plat is submitted in signed mylar form. Mylars should be
submitted to the County Board within one year of the Plat Commission's final approval.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the County
Recorder's Office. The Plat Commission does not review or approve the actual engineering design of
proposed accesses or other improvements to be made in the right of way. The Plat Commission highly
recommends early contact with the Transportation Department to discuss the permitting process that
reviews the design and may require construction of highway improvements, including, but not limited
to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact
Gordon McConnell regarding permitting questions at (952) 891 -7115 or Todd Tollefson regarding Plat
Commission or Plat Ordinance questions at (952) 891 -7070.
Sincerely,
�d
Todd B. Tollefson
Secretary, Plat Commission
EXHIBIT K
t eville
Memorandum
To: Allyn Kuennen, Associate Planner
From: Tom Kellogg, WSB & Associates
McKenzie L. Cafferty, Environmental Resources Manager
Copy: Dennis Feller, Finance Director
Gene Abbott, Building Official
Brett Altergott, Parks and Recreation Director
Mark Hansen, Assistant City Engineer
Zachary Johnson, City Engineer
Date: July 12, 2013
Subject: Double E Crossings 4th Addition
• Final Plat Review
• Grading Plan Review
• Utility Plan Review
BACKGROUND
City of Lakeville
Engineering
Peter Eisenhuth, representing Cosmopolitan Orthodontics, has submitted a final plat
named Double E Crossings 4th Addition. The proposed commercial development is the
fourth phase of the Double E Crossings preliminary plat that was approved by the City
Council in 2005. The parent parcel is Outlot A, Double E Crossings 3 Addition and is
zoned C -3, General Commercial District. The property is located south of Dodd Boulevard
(CSAH -9) and west of and adjacent to Cedar Avenue (CSAH -23).
The final plat consists of one commercial lot on 1.74 acres.
Development of the site will not require any public improvements but will include the
following improvements that shall be privately -owned and maintained by the Developer:
sanitary sewer and water service, storm sewer, and sidewalk.
The proposed development will be completed by:
Developer: Peter Eisen huth /Cosmopolitan Orthodontics
Engineer: Loucks Associates
Surveyor: Loucks Associates
DOUBLE E CROSSINGS C ADDITION
JULY 12, 2013
PAGE 2 OF 7
SITE CONDITIONS
The site was mass graded with the first phase of the Double E Crossings development. An
existing private drive crosses through the site and provides access to the Double E
Crossings development. An existing City -owned storm water basin is situated west of and
adjacent to the property. The private road and public storm water basin were constructed
with the Double E Crossings first phase improvements.
EASEMENTS
The Developer is dedicating permanent perimeter drainage and utility easements over Lot
1, Block 1, as shown on the plat. These permanent drainage and utility easements will
replace the temporary drainage and utility easements provided with the Double E
Crossings 3 1 Addition.
STREET AND SUBDIVISION LAYOUT
Double E Crossings 4th Addition is located adjacent to transportation facilities under the
control of Dakota County.
Cedar Avenue (CSAH -23)
Double E Crossings 4th Addition is located west of and adjacent to Cedar Avenue, a high -
density minor arterial as identified in the City's Transportation Plan. Dakota County
controls the right -of -way requirement and access locations for Cedar Avenue. The Dakota
County Road Plat Review Needs Map indicates the '/2 right -of -way requirement for the
section of Cedar Avenue adjacent to the site is 100 feet. The right -of -way requirement
was satisfied through the dedication with the Double E Crossings plat. The Dakota County
Plat Commission reviewed the Double E Crossings 4th Addition final plat at its June 17, 2013
meeting.
The section of Cedar Avenue adjacent to the site is constructed as a four -lane divided
urban roadway. The ultimate roadway section for Cedar Avenue at this location is a six -
lane divided urban roadway, as identified on the Dakota County Road Plat Review Needs
Map. The upgrade of Cedar Avenue to a six -lane divided urban roadway is not identified
in Dakota County's current Capital Improvement Plan.
A temporary right -in /right -out access at Cedar Avenue was constructed with the Double E
Crossings first phase improvements. The temporary access will be removed in the future
as described in the Double E Crossings Development Contract and as outlined in the June
20, 2013 letter from the Dakota County Plat Commission.
DOUBLE E CROSSINGs 4' ADDITION
JULY 12, 2013
PAGE 3 OF 7
CONSTRUCTION ACCESS
Construction traffic access and egress for the site shall be from the existing shared private
drive serving the site.
PARKS AND TRAILS
Development of Double E Crossings 4th Addition includes the construction of a private
sidewalk. The Developer will install a 5 -foot wide concrete sidewalk along the north
perimeter of the site and provide a connection to the existing public bituminous trail along
the west side of Cedar Avenue. Pedestrian curb ramps, with truncated domes, and zebra
crosswalk striping shall be installed where the sidewalk crosses the private drive in the
northwest corner of the plat. Pedestrian curb ramps, with truncated domes, will be
installed where the sidewalk crosses the two driveway accesses to the site. The Developer
will pay 100% of the costs associated with constructing the sidewalk.
The Park Dedication Fee has not been collected on the parent parcel. The City's
Comprehensive Parks, Trails and Open Space Plan does not identify any park facilities
within the site. As a result, the Developer will satisfy the park dedication requirement
through a cash contribution. The Park Dedication Fee shall be paid with the final plat and
is calculated as follows:
1.74 acres
Gross Area of Double E Crossings 4 Addition
x $7,693.00 /acre = $13,385.82
Park Dedication Fee Rate Total
UTILITIES
SANITARY SEWER AND WATERMAIN
Double E Crossings 4th Addition is located within sub - district NC -20685 of the North Creek
sanitary sewer district as identified in the City's Comprehensive Sewer Plan. Wastewater
will be conveyed via existing public sanitary sewer to the MCES Lakeville Interceptor and
continue to the Empire Wastewater Treatment Facility. The downstream facilities have
sufficient capacity to serve the proposed commercial development.
Development of Double E Crossings 4th Addition will not require new sanitary sewer or
watermain construction. An existing sanitary sewer and water service that was installed
with the Double E Crossings first phase improvements extends into the site and will serve
the proposed building�within Double E Crossings 4th Addition.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and
shall be paid with the building permit. The Sanitary Sewer Availability Charge is $307.00
per residential equivalent unit and shall be calculated when the MCES Sac Units have
been determined.
DOUBLE E CROSSINGS a ADDITION
JULY 12, 2013
PAGE 4 OF 7
Final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by
City staff with the construction plans submitted with the building permit application.
DRAINAGE AND GRADING
Double E Crossings 4th Addition is located within sub - district FO -4 of the Farmington
Outlet drainage district as identified in the City's Stormwater Management Plan.
Development of Double E Crossings 4th Addition will not require the construction of a
storm water treatment basin or infiltration basin. The site was mass graded, including the
construction of a storm water treatment basin and infiltration basin, with the Double E
Crossings first phase improvements. The existing storm water basin and infiltration basin
were designed to have capacity for the additional contributing drainage area generated
within Double E Crossings 4th Addition.
Runoff generated from within the site will be collected via privately -owned and
maintained storm sewer and conveyed to the existing City -owned storm water basin
located west of the site ( Outlot A, Double E Crossings). The runoff will be treated to NURP
standards and released into an existing public storm sewer system.
The grading specifications must indicate that all embankments meet FHA /HUD 79G
specifications. The Developer shall certify to the City that all buildings with footings
placed on fill material are appropriately constructed. Building permits shall not be issued
until a building pad certification survey has been submitted and approved by City staff. A
final Certificate of Occupancy shall not be issued until an as -built certified grading plan
has been submitted and approved by City staff.
Lot 1, Block 1, Double E Crossings 4th Addition contains approximately 1.74 acres. A
National Pollution Discharge Elimination System General Stormwater Permit for
construction activity is required from the Minnesota Pollution Control Agency (MPCA) for
areas equal or greater than one acre and areas part of a larger development being
disturbed by clearing, grading and excavation. A copy of the Notice of Stormwater Permit
Coverage shall be submitted to the City upon receipt from the MPCA.
STORM SEWER
Development of Double E Crossings 4th Addition includes the construction of a private
storm sewer system. The storm sewer system will collect runoff generated from within the
site and convey it to the existing City -owned storm water basin located west of the site
(Outlot A, Double E Crossings).
Final locations and sizes of all storm sewers shall be reviewed by City staff with the
construction plans submitted with the building permit application. Any draintile
construction within Double E Crossings 4th Addition, including perimeter draintile
required for building footings, which is deemed necessary during construction, shall be
the Developer's responsibility to install and finance.
DOUBLE E CROSSINGS C ADDITION
JULY 12, 2013
PAGE 5 OF 7
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and shall
be paid with the final plat. The Trunk Storm Sewer Area Charge is calculated as follows:
74,720 s.f. x $0.235/s.f. = $17,559.20
Gross Area of Double E Crossings 4 1 Addition Area Charge Total
WETLANDS
There are no existing wetlands within the Double E Crossings 4th Addition site.
TREE PRESERVATION
There are no significant trees within the Double E Crossings 4th Addition site.
EROSION CONTROL
An erosion control plan has been submitted and includes the following:
• A single gravel construction entrance is shown on the plan sheets and included in
the erosion control notes.
• A seed /mulch specification that meets City requirements is included in the erosion
control notes.
• All 3:1 slopes will be seeded and stabilized with fiber blanket.
• Silt fence to protect offsite areas from sediment transport.
• Inlet protection is shown on the plan sheets and included in the erosion control
notes for all but one catch basin. The plans need to add the required inlet
protection at CBMH 2. Wimco or approved equal shall be used.
• The streets shall be cleared of debris at the end of each day. Street sweeping shall
be done weekly or more often as needed. Additional street sweeping shall be
required during the hauling process. All streets shall be maintained to provide safe
driving conditions.
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. A NPDES Phase
II Construction permit shall be obtained prior to starting.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer - installed
improvements relating to Double E Crossings 4th Addition. The construction costs are
based upon revised estimates submitted by the Developer's engineer on July 17, 2013.
DOUBLE E CROSSINGS 4' ADDITION
]uLY 12, 2013
PAGE 6 OF 7
Watermain
Sanitary Sewer
Streets
Storm Sewer
CONSTRUCTION COSTS
$10,405.00
25,990.00
66,887.00
5,338.00
7, 150.00
Erosion Control and Grading Certification
SUBTOTAL - CONSTRUCTION COSTS
OTHER COSTS
Developer's Design (6 %)
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
SUBTOTAL - OTHER COSTS
$115,770.00
$6,946.20
2,894.25
578.85
8,103.90
578.85
20,000.00
100.00
$39,202.05
TOTAL PROJECT SECURITIES $154,972.05
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
$100.00. The City shall hold this security until the Developer's land surveyor certifies that
all irons have been placed following site grading and street and utility construction.
CASH FEES
The Park Dedication Fee for Double E Crossings 4th Addition is $13,385.82.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and
shall be paid with the building permit. The Sanitary Sewer Availability Charge is $307.00
per residential equivalent unit and shall be calculated when the MCES Sac Units have
been determined.
The street signs associated with the development of Double E Crossings 4th Addition will
be privately -owned and maintained by the Developer. The cost for the signs was included
in the construction cost estimate. A security was submitted with the final plat to ensure
that the street sign installation is completed. A final Certificate of Occupancy will not be
issued until the street signs are installed.
A cash fee for one -year of streetlight operating expenses shall be paid with the final plat
and is calculated as follows:
DOUBLE E CROSSINGS 4' ADDITION
JULY 12, 2013
PAGE 7 OF 7
237.00 f.f. x $0.2182/f.f. /qtr x 4 qtrs = $206.85
Cedar Avenue Front Footage Streetlight Operating Rate Total
A cash fee for one -year of surface water management expenses shall be paid with the final
plat and is calculated as follows:
1.74 acres x 4.20 REU x $7.00 /unit /qtr x 31.6/42.0 x 4 gtrs = $153.96
Area of Lot 1 Residential Surface Water Impervious % Total
Equivalent Utility Management Rate Adjustment
Factor
A cash fee for the preparation of record construction drawings and for upgrading the City
base map shall be paid with the final plat and is calculated as follows:
1 lots /outlots x $75.00 /lot and outoot = $75.00
Lots and Outlots City Base Map Updating Rate 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 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 shall be based on three
percent (3.00 %) of the estimated construction cost, or $3,473.10.
CASH REQUIREMENTS
Park Dedication Fee
Sanitary Sewer Availability Charge
Trunk Storm Sewer Area Charge
Streetlight Operating Fee
Surface Water Management Fee
City Base Map Updating Fee
City Engineering Administration (3.00 %)
TOTAL CASH REQUIREMENTS
RECOMMENDATION
$ 13,385.82
Due with building permit
17,559.20
206.85
153.96
75.00
3,473.10
$34,853.93
Engineering recommends approval of the final plat, grading plan and utility plan for
Double E Crossings 4th Addition, subject to the comments within this report.
Approval is also subject to the comments of the City Administrator, Planning Director and
City Attorney.