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HomeMy WebLinkAboutItem 06.eLak�vt�te February 12, 2014 Item No. TULLAMORE 4th ADDITION FINAL PLAT FEBRUARY 18, 2014 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the final plat of Tullamore 4th Addition. Adoption of this motion will allow the development of 50 single family residential lots. Overview U.S. Home Corporation (DBA Lennar) has submitted an application and plans for the final plat of Tullamore 4 Addition. The final plat includes 50 single family lots located west of Pilot Knob Road (CSAH 31) and south of 165th Street and is the final phase of the preliminary plat of 148 single family lots approved by the City Council on June 16, 2006. Planning and Engineering staff recommend approval. Primary Issue to Consider Is the final plat of Tullamore 4th Addition consistent with the Tullamore preliminary plat? The fourth phase final plat is consistent with the preliminary plat approved by the City Council on June 16, 2006. Supporting Information • Resolution approving the Tullamore 4th Addition final plat • Signed development contract • Warranty deed conveying Outlots A and B to the City • Planning report dated February 3, 2014 • Engineering report dated February 3, 2014 Frank Dempsey, AICP, ssoci Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Subdivision and Zoning Ordinances Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF TULLAMORE 4 1h ADDITION WHEREAS, the owner of the property described as TULLAMORE 4 1h 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 approved by the City Council; and WHEREAS, the final plat is consistent with the approved preliminary plat; and WHEREAS, the final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. The TULLAMORE 4 1h ADDITION final plat is approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 18 th day of February 2014 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 18" day of February 2014 as shown by the minutes of said meeting in my possession. Charlene Friedges City Clerk (SEAL) Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 (reserved f6r recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) TULLAHORE 4THADDinoN CONTRACT dated , 2014, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and U.S. HOME CORPORATION, a Delaware corporation, d /b /a LENNAR (the "Developer ") 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Tullamore 4th Addition (referred to in this Contract as the "plat "). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: Outlot A, Tullamore 2nd Addition and Outlot A, Tullamore 3rd Addition, 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 1747880 1 Tullamore 4th Addition 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 1747880 2 Tullamore 4th Addition 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 1747880 3 Tullamore 4th Addition 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 174788v1 4 Tullamore 4th Addition 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, 2014, 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 1747880 5 Tullamore 4th Addition 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 five 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 1747880 6 Tullamore 4th Addition Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as -built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as -built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as -built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 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 1747880 7 Tullamore 4th Addition 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. REGIONAL STORMWATER BASIN. The proposed drainage improvements for Tullamore 4th Addition include two stormwater management basins located in Outlots A and B. The stormwater basins discharge to the regional stormwater basin NC -17 -1 to the south that was constructed and designed to serve this area as part of the Tullamore 1st Addition improvements. Outlots A and B must be conveyed to the City by deed with the Tullamore 4th Addition plat and acquired at a rate of $5,500 per acre, consistent with City policy. The credit will be applied to the Developer's storm sewer area charge and is calculated as follows: 0.96 acres + 1.16 acres x $5,500.00 /acre = $11,660.00 Area of Outlot A, Area of Outlot B, Total Tullamore 4 Addition Tullamore 4th Addition 20. STORM SEWER. Tullamore 4th Addition includes the construction of a public storm sewer system. The storm sewer will collect and convey runoff generated from the development to the stormwater management basins located in Outlots A and B. Trunk Storm Sewer Area Charge has not been collected on the parent parcel and shall be paid in cash at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows: 1,052,881 s.f. - 92,401 s.f. x $0.167/s.f. Gross Area of Area of Outlots A Area Charge Tullamore 4th Addition and B (Stormwater Treatment Basins) The balance due to the City for trunk storm sewer is calculated as follows: • Trunk Storm Sewer Area Charge • Less Credit for Deeding Outlots A and B to City of Lakeville • Balance _ $160,400.16 Total $160,400.16 11,660.00 $148,740.16 1747880 8 Tullamore 4th Addition 21. SANITARY SEWER. Development of Tullamore 4th Addition includes the extension of public sanitary sewer. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and shall be paid in cash at the time of final plat approval. The Sanitary Sewer Availability Charge is calculated as follows: 50 units x $307.00 /dwelling unit = $15,350.00 Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total 22. WATERMAIN. Development of Tullamore 4 th Addition includes the extension of public watermain. Eight -inch watermain will be extended within Tullamore 4th Addition from Pilot Knob Road and will connect to existing stubs at Falkirk Trail and 166 Street to complete a looped system. The Lateral Watermain Access charge is due for the lateral portion of 12 -inch watermain within Pilot Knob Road right -of -way and must be paid in cash at the time of final plat approval. The Lateral Watermain Access Charge will be based on the section of final plat that is adjacent to Pilot Knob Road, and is calculated as follows: 1,949.63 f.f. x $38.40/f.f. _ $74,865.79 Front Footage along Lateral Watermain Total Pilot Knob Road Access Charge The Lateral Watermain Access Charge of $74,865.79 must be paid in cash at the time of final plat approval. 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to the intersection of Pilot Knob Road and Falkirk Trail. No construction traffic is permitted on the adjacent local streets. 24. PARK DEDICATION, SIDEWALKS AND TRAILS. Five (5) foot wide concrete sidewalks will be constructed at the Developer's expense on one side of all local street, excluding cul -de -sacs, within the development. As a condition of the Tullamore 4 th Addition final plat approval, an eight (8) foot wide bituminous trail will be constructed which will connect the existing greenway corridor from Tullamore 1" Addition to the existing trail along Pilot Knob Road. The trail will align along the north edge of Outlot A and the south side 1747880 9 Tullamore 4th Addition of Falkirk Trail. The grading and restoration of this trail segment shall be completed as part of Tullamore 4th Addition improvements and the Developer shall be responsible for 100% of these costs. The City will credit the Developer's cash fees 100% of the cost for the bituminous and aggregate base associated with the trail construction. The Greenway Corridor Trail construction credit is calculated as follows: $18,067.78 = $18,067.78 Total Estimated Cost for Total Greenway Corridor Trail Construction In Tullamore 4th Addition ( excluding grading and restoration) The Park Dedication Fee has not been collected on the parent parcels and must 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: 50 units x $3,462.00 /dwelling unit = $173,100.00 Single - Family Dwelling Units Park Dedication Fee Rate Total The balance due the City for park dedication is calculated as follows: • Park Dedication Fee $173,100.00 • Less Credit for Greenway Corridor Trail Construction (18,067.78) • Park Dedication Balance $155,032.22 25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic controls signs of $759.00 is due with Tullamore 4th Addition, consisting of two stop /street signs at $301.00 each, one stop sign at $83.00, and one 30 MPH speed limit sign at $74.00. If the street signs are installed during frost conditions, the Developer shall pay an additional $150.00 for each street sign location. A cash fee for one -year of streetlight operating expenses must be paid at the time of final plat approval calculated as follows: 50 dwelling units x $8.14 /unit /qtr. x 4 qtrs. = $1,628.00 26. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface water management expenses must be paid at the time of final plat approval calculated as follows: 50 dwelling units x $7.00/unit/qtr. x 4 qtrs. = $1,400.00 1747880 10 Tullamore 4th Addition 27. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to bug infestation or weak bark. The minimum deciduous tree size shall be two and one -half (2%2) inches caliper, balled and burlapped. Evergreen trees must be at least 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. 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the February 3, 2014, engineering report. B. Before the City signs the final plat, the Developer must convey Outlots A and B to the City by Warranty Deed, free and clear of any and all encumbrances. C. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked 1747880 11 Tullamore 4th Addition with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $5,300.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 53 lots /outlots at $100.00 per lot /outlot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. D. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $75.00 per unit for a total charge of $3,750.00. E. A $1,000.00 per lot escrow will be required with each single family home building permit for the 17 lots abutting Pilot Knob Road for installation of sod in the rear yards to the trail edge along Pilot Knob Road. F. A financial security of $39,000.00 must be submitted to the City at the time of final plat approval to guarantee installation of the approved landscaping. G. Outlot C, which contains the existing subdivision monument sign, must be owned and maintained by the homeowners' association. H. 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 $11,000.00 and consists of eight post -top streetlights at $1,200.00 each and one mast arm at $1,400.00 each. I. 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 1747880 12 Tullamore 4th Addition specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. 29. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto, from a bank ( "security ") for $1,048,486.72, plus a cash fee of $25,575.62 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $ 148,790.00 B. Watermain 147,192.00 C. Storm Sewer 237,868.00 D. Street Construction 313,670.79 E. Erosion Control, Stormwater Basin, Restoration and Grading Certification 5,000.00 SUBTOTAL — CONSTRUCTION COSTS $ 852,520.79 OTHER COSTS: A. Developer's Design (6.0 %) $ 51,151.25 B. Developer's Construction Survey (2.5 %) 21,313.02 C. City Legal Expenses (Est. 0.5 %) 4,262.60 D. City Construction Observation (Est. 7.0 %) 59,676.46 E. Developer's Record Drawings (0.5 %) 4,262.60 F. Landscaping 39,000.00 G. Lot Corners 5,300.00 H. Street Lights 11,000.00 SUBTOTAL OTHER COSTS $ 195,965.93 TOTAL SECURITIES: $ 1,048,486.72 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 1747880 13 Tullamore 4th Addition 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. 30. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Park Dedication Fee $ 173,100.00 B. Sanitary Sewer Availability Charge 15,350.00 C. Lateral Watermain Access Charge 74,865.79 D. Trunk Storm Sewer Area Charge 160,400.16 E. Traffic Control Signs 759.00 F. Streetlight Operating Fee 1,628.00 G. Surface Water Management Fee 1,400.00 H. City Base Map Updating Fee 3,750.00 I. City Engineering Administration (3.00 %) 25,575.62 TOTAL CASH REQUIREMENTS $ 456,828.57 1747880 14 Tullamore 4th Addition CREDITS TO THE CASH REQUIREMENTS Deeding Outlots A and B to City for Stormwater Management $ 11,660.00 Greenway Corridor Trail Construction 18,067.78 SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 29,727.78 TOTAL CASH REQUIREMENT $ 427,100.79 31. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to secure the warranties. The City shall retain ten percent (10 %) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City's standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 32. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. 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. 1747880 15 Tullamore 4th Addition C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18 %) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. 33. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty -eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat 1747880 16 Tullamore 4th Addition 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 five model homes on lots acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. 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 1747880 17 Tullamore 4th Addition 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. The Developer must provide a Certificate of Insurance which meets the following requirements: 1. The Description section of the Accord form needs to read "City of Lakeville is named as Additional Insured with respect to the General Liability and Auto Liability policies on a Primary and Non - Contributory Basis." Each policy shall provide thirty (30) days' notice of cancellation to City of Lakeville. 2. Certificate Holder must be City of Lakeville. 3. Provide copy of policy endorsement showing City of Lakeville named as Additional Insured on a Primary and Non - Contributory Basis. 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 1747880 18 Tullamore 4th Addition 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. 35. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 16305 36 Avenue N., Suite 600, Plymouth, Minnesota 55446. 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.] 1747880 19 Tullamore 4th Addition CITY OF LAKEVILLE (SEAL) Matt Little, Mayor STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2014, 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 AND 1747880 20 Tullamore 4th Addition DEVELOPER: U.S. HOME CORPORATION d /b /a LENNAR STATE OF MINNESOTA ) )Ss. COUNTY OF A ) {v�YZ2��i Y\ The foregoing instrument was acknowledged before me this 1 day of 2014, by the ; c� ten+ of U.S. Home Corporation, a Delaware corporation, d /b /a Lennar, on its behalf. " "'T +> CARLEY WEAVER F Notary Public 3 x State of Minnesota W����� My Commission Expires • January 31 , 2018 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:cjh NOTA UBLIC 1747880 21 Tullamore 4th Addition (Reserved for Recording Data WARRANTY DEED STATE DEED TAX DUE HEREON: $1.65 Dated: FOR VALUABLE CONSIDERATION, U.S. HOME CORPORATION, a Delaware corporation, d /b /a Lennar, Grantor, hereby conveys and warrants to the CITY OF LAKEVILLE, a Minnesota municipal corporation, Grantee, real property in Dakota County, Minnesota, described as follows: Outlots A and B, Tullamore 4th Addition, according to the recorded plat thereof, together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: A. Covenants, conditions, restrictions, declarations and easements of record, if any; B. Reservations of minerals or mineral rights by the State of Minnesota, if any; C. Building and zoning laws, ordinances, state and federal regulations. THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. 174802v1 The consideration for this transfer was less than $500.00. STATE OF MINNESOTA ) )ss. COUNTY OF=P�A ) U.S. HOME CORPORATION d/W The foregoing instrument was acknowledged before me this f Z day of Cart ru, , 2014, by ��� �a �� tic�_,�. b�, i ° _ the v'i(.o of U.S. Home Corporation, a Delaware corporation, d /b /a Lennar, on its behalf. petxeer�r�. CARIEY WEAVER Notary Public�r. v` -- State of Minnesota NO ARY PUBLIC My Commission Expires J % q .r, ,A� • January 31 , 2 01 8 f - L Check here if part or all of the land is Registered (Torrens) Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651- 452 -5000 174802v1 2 City of Lakeville Planning Department Lakeville Memorandum To: Daryl Morey, Planning Director From: Frank Dempsey, AICP Associate Planner Date: February 5, 2014 Subject: Tullamore 4 11 Addition Final Plat INTRODUCTION U.S. Home Corporation (DBA Lennar) has submitted an application and plans for the final plat of Tullamore 4 11 Addition which includes 50 single family lots located west of and adjacent to Pilot Knob Road (CSAH 31) and south of 165th Street. The Tullamore preliminary plat of 148 single family lots was approved by the City Council on June 16, 2006. The City Council approved the final plat of Tulllamore 1 St Addition (52 lots) on May 21, 2012, Tullamore 2nd Addition (19 lots) on April 1, 2013 and Tullamore 3r Addition (27 lots) on May 20, 2013. The lot, block and street design of the Tullamore 4 11 Addition final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. EXHIBITS A. Location /Zoning Map and Aerial Photo (2 Pages) B. Approved Preliminary Plat C. Final Plat Cover Sheet D. Final Plat (2 Pages) E. Grading Plan (3 Pages) F. Erosion Control Plan G. Landscape Plan H. Dakota County Plat Commission letter dated December 20, 2013 PLANNING ANALYSIS Zoning. The zoning of the property is RS -3, Single Family Residential District. Adjacent Uses. The adjoining properties include the following uses: North -165th Street and Fieldstone Creek single family homes South - Outlot A, Tullamore 1st Addition and single family homes East - Pilot Knob Road (CSAH 31) West - Tullamore 1 s1 and 3rd Addition single family homes Lot Area. Single family lots within the RS -3 District are required to provide a minimum lot area of 11,000 square feet for interior lots and 12,500 square feet for corner lots. The area of lots in Tullamore 4 11 Addition meets the minimum square footage requirements. Lot Width. The minimum lot width for single - family lots within the RS -3 District is 85 feet for interior lots and 100 feet for corner lots. All lots in the Tullamore 4th Addition meet the minimum lot width requirement. Lot Depth. The minimum lot depth for lots abutting Pilot Knob Road, a minor arterial roadway, is 170 feet. The lots abutting Pilot Knob Road meet this requirement. Setbacks. Setback requirements for single family lots in the RS -3 District are outlined below: RS -3 District Setback Requirements Yard Front Side Interior Side Corner Rear Rear Abutting Pilot Knob Road Setback 30 feet 10 feet 20 feet 30 feet 50 feet The proposed building pads shown on the grading plan meet the minimum setback requirements for interior and corner lots. Development Density. The Tullamore 4 11 Addition final plat consists of 50 single family lots on 24.17 acres. This results in a gross density of 2.07 units per acre. The net density, excluding road rights -of -way and outlots is 2.83 units per acre. Phasing. Tullamore 4 11 Addition is the fourth and final phase of the 148 lot Tullamore preliminary plat approved in 2006. Outlots. There are three outlots proposed with the Tullamore 4th Addition final plat. Outlot A is 0.95 acres that will be deeded to the City for stormwater management purposes. 2 Outlot B is 1.16 acres and will be deeded to the City for stormwater management purposes. Outlot C is 0.20 acres and will be retained by the developer for the existing Tullamore subdivision monument sign. Access. Tullamore 4th Addition will have access from Falkirk Trail, which intersects with Pilot Knob Road. Streets & Right -of -Way. Tullamore 4th Addition will include the construction of Falkirk Trail, 166th Street, Elm Creek Court, Elm Creek Lane and Enchanted Court. Pilot Knob Road (CSAH 31) is a minor arterial road under the jurisdiction of Dakota County. The right -of -way for Pilot Knob Road was dedicated with a previous final plat phase of the Tullamore development. A bituminous trail exists along the west side of Pilot Knob Road. Because Tullamore 4th Addition abuts CSAH 31, the final plat was forwarded to the Dakota County Plat Commission. A copy of the Plat Commission's letter dated December 20, 2013 is attached to this report as Exhibit H. 165 Street is a minor collector in the City's Transportation Plan that was constructed with the Fieldstone Creek development to the north and west. The street is 36 feet wide within a 66 foot wide right -of -way and sidewalks on both sides of the street. No additional right -of -way for 165th Street is required. 166 Street is a local street that will connect with Elm Creek Lane and Elm Creek Court. 166th Street will be 32 feet wide within a 60 foot wide right -of -way with a sidewalk on the north side of the street. Elm Creek Lane is a local street that intersects with 166th Street and Falkirk Trail. Elm Creek Lane will be 32 feet wide within a 60 foot wide right -of -way with a sidewalk on the west side of the street. Elm Creek Court is a 550 foot long cul -de -sac street that will connect with 166th Street and Elm Creek Lane. Elm Creek Court will be 32 feet wide within a 60 foot wide right -of -way. Enchanted Court is a cul -de -sac street that will extend south of Falkirk Trail. Enchanted Court will be 600 feet long, 32 feet wide and within a 60 foot wide right -of -way. Falkirk Trail is a local street that will be extended to the east to connect with Pilot Knob Road. Falkirk Trail will include a 60 foot wide right -of -way and a 32 foot street width. A sidewalk will be constructed on the north side of Falkirk Trail. An eight foot wide bituminous trail will be constructed on the north side of Lot 1 and Lot 16, Block 4 to connect with the bituminous trail on the west side of Pilot Knob Road. Landscaping. The Zoning Ordinance requires that the 17 lots abutting Pilot Knob Road provide an effective 10 foot tall landscape screen. The landscape plan will include 38 deciduous and 95 conifer trees. All trees meet the minimum requirements of the Zoning Ordinance and the Corridor Gateway and Design Study. Additional landscaping is proposed along the stormwater basin within Outlot A and on the lots adjacent to the stormwater basin on Enchanted Court. A financial security of $39,000 shall be submitted to guarantee installation of the landscaping. Trails. An eight foot wide bituminous trail will be constructed to connect with the trail constructed with the Tullamore 3rd Addition final plat to complete the connection to the existing trail along the west side of Pilot Knob Road. Park Dedication. There is no park area identified for the Tullamore development in the Parks, Trails and Open Space Plan. As such, the developer will pay a cash fee in lieu of land to satisfy the park dedication requirement for the Tullamore 4 11 Addition final plat. The park dedication fee is calculated as follows: 50 units x $3,462 per dwelling unit = $ 173,100 The park dedication fee shall be submitted to the City prior to release of the final plat mylars. Tree Preservation. The Tullamore 4th Addition does not require tree preservation as there are no significant trees within the boundaries of the final plat. Wetlands. There are no wetlands within the Tullarmore 4th Addition final plat. Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans. Grading, drainage and erosion control is discussed in detail in the February 3, 2014 engineering report prepared by Alex Jordan, Civil Engineer and Mac Cafferty, Environmental Resources Manager. Subdivision Identification Sign. A subdivision monument sign at 165th Street and Pilot Knob Road was constructed with a previous phase of the Tullamore development. The sign is located in an outlot owned and maintained by the homeowner's association. RECOMMENDATION The Tullamore 4 11 Addition final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Planning Department staff recommends approval of the Tullamore 4th Addition final plat subject to the following conditions: 1. The recommendations listed in the February 3, 2014 engineering report. 4 2. Five foot wide concrete sidewalks and an eight foot wide bituminous trail shall be constructed at the developer's expense as shown on the approval final plat plans. 3. Outlots A and B shall be deeded to the City with the final plat. 4. A $1,000 per lot escrow is required with each single family home building permit for the 17 lots abutting Pilot Knob Road for installation of sod in the rear yards to the trail edge along Pilot Knob Road. 5. A financial security of $39,000 shall be submitted to guarantee installation of the landscaping. 6. Outlot C, which contains the existing subdivision monument sign, shall be owned and maintained by the homeowner's association. cc: Alex Jordan, Civil Engineer Brett Altergott, Parks and Recreation Director Joe Jablonski, U.S Homes Corporation Nick Polta, Pioneer Engineering ZONING MAP 160TH ST W RST-2 C-1 . .............. 00. RS-3 . .. .. ..... Tullamore MOMW lulls RS-2 MWIPR P'UD W PUD W 2 w LU U) Lu PUD co W RM 2 R RM-1 RM-1 EXHIBIT A W-M I F1 Dakota County, MN \1, TULLAMORE 4TH ADDITION a P-7 0 P Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title searchappraisal, survey, or for zoning 1 inch = 45I feet verification. 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S ��amo � .� 3mLLo W� I] I I f I I I I �I r w i x z > � oQ - ---- -- - - zo e w ra Q m m I _ o o �3rc 0 .a — — - - 0 a� a r� oN o ap - a33 0 - _ ® om rw oo z'E -- o P LT e a, e LL LL F x W I ' I I V III I I I 1 I L I I I II I III I I i Ii I I F m + I I I I I A� l -iii a i N I, U D] � m S I T NI i I m I d t � N ✓I I e n I I I`m c, d I I rn I N I I m - a I v I N cn"' *7`l fal m I� I -i I I 3M 1 FRTI'- - -- El I I IIII I I III II J 1 \ I i i I I I I I 0 H Ca o v� a H e ago a a z I Ion i u _ w � C 40r-47� C O U N T Y 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 December 20, 2013 City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: TULLAMORE 4 ADDITION The Dakota County Plat Commission met on December 16, 2013, to consider the preliminary plan of the above referenced plat. The plat is adjacent to CSAH 31, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The plat is a replat of Outlot A, Tullamore 2 Addition. Restricted access is shown along all of CSAH 31. The right of way meets the guidelines of 100 feet of half right of way. The Plat Commission has approved the preliminary and final plat and will recommend approval to the County Board of Commissioners when the plat is submitted in signed mylar form. Mylars should be submitted to the County Board within one year of the Plat Commission's final approval. Traffic volumes on CSAH 31 are 20,900 and are anticipated to be 45,000 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891 -7070. Sincerely, TA4 � Todd B. Tollefson Secretary, Plat Commission EXHIBIT Lak Memorandum To: Frank Dempsey, Associate Planner From: Alex Jordan, Civil Engineer McKenzie L. Cafferty, Environmental Resources Manager Copy: Mark Hansen, Assistant City Engineer Dennis Feller, Finance Director Gene Abbott, Building Official Brett Altergott, Parks and Recreation Director Date: February 5, 2014 Subject: Tullamore 4 Addition Final Plat • Final Plat Review • Final Grading Plan Review • Final Utility Plan Review • Final Erosion Control Plan Review City of Lakeville Engineering BACKGROUND U.S. Home Corporation, d /b /a Lennar, has submitted a final plat named Tullamore 4tn Addition. This is the fourth and final phase of the Tullamore Preliminary Plat that was approved by City Council on June 19, 2006. The parent parcels ( Outlot A, Tullamore 2nd Addition and Outlot A, Tullamore 3rd Addition) are zoned for residential use (RS -3). Tullamore 4 Addition was previously platted as an outlot retained by the Developer at the time of the Tullamore 2nd and 3rd Addition final plat. The proposed single family residential development is located west of and adjacent to Pilot Knob Road (CSAH 31); and south of and adjacent to 165 Street. The plat consists of fifty single family lots within four blocks and three outlots on 24.17 acres. The outlots will have the following uses: Outlot A: Stormwater management basin (0.96 acres) (To be conveyed to the City by deed) Outlot B: Stormwater management basin (1.16 acres) (To be conveyed to the City by deed) TULLAMORE 4 T " ADDITION FINAL PLAT FEBRUARY 5, 2014 PAGE 2 OF 10 Outlot C: Monument Sign for the Development (0.21 acres) (To be Retained by the Developer) Development of the site includes the construction of public roadways, sidewalks, trails, sanitary sewer, watermain, storm sewer, stormwater management basins, and associated grading. The proposed development will be completed by: Developer: Engineer and Surveyor: U.S. Home Corporation, d /b /a Lennar Pioneer Engineering SITE CONDITIONS Tullamore 4th Addition is located on relatively flat land that slopes from the northwest to the southeast. There are no wetlands on the site. The sanitary sewer to serve this site was installed as part of the Tullamore 1St Addition site improvements. Preliminary Grading and restoration for Tullamore 4th Addition was completed with the Tullamore 3rd Addition. The temporary sedimentation basin that was constructed with the Tullamore 3rd Addition will be removed as a part of the site improvements. A temporary easement currently exists over the sedimentation basin, and will expire upon final plat approval of Tullamore 4' Addition. STREET AND SUBDIVISION LAYOUT Pilot Knob Road (CSAH 31): Tullamore 4th Addition is located west of and adjacent to Pilot Knob Road (CSAH 31). Pilot Knob Road is under the jurisdiction of Dakota County and is identified in the City of Lakeville Comprehensive Transportation Plan as an A -Minor Arterial, and is a four -lane divided urban roadway. The Dakota County Plat Review Needs Map (dated 4/16/2013) indicates a half right -of -way requirement of 100 feet. 100 feet of right -of -way was previously dedicated with the final plat of Tullamore 1 St Addition. The Tullamore 4' Addition final plat was approved by the Dakota County Plat Commission on December 16, 2013. Dakota County limits the access to this section of Pilot Knob Road to 1 /2 mile full access and 1 /4 mile restricted access. Tullamore 4th Addition will provide a connection and access to Pilot Knob Road at Falkirk Trail. The intersection of Pilot Knob Road and Falkirk Trail is identified to be restricted in the future to 3 /4 access, per the Dakota County CSAH 31 Corridor Transportation Study prepared by SRF Consulting Group on May 10, 2007. Elm Creek Court: Development of Tullamore 4 11 Addition includes the construction of Elm Creek Court. Elm Creek Court is designed as a public 32 -foot wide two -lane urban roadway within a 60 -foot wide right -of -way that terminates in a permanent cul -de -sac north of 166th Street. The cul- de -sac is designed as a 45 -foot radius within a 60 -foot right -of -way radius. Elm Creek Court provides access to 166 th Street and Elm Creek Lane. TULLAMORE 4 T " ADDITION FINAL PLAT FEBRUARY 5, 2014 PAGE 3 OF 10 Elm Creek Lane Development of Tullamore 4th Addition includes the construction of Elm Creek Lane. Elm Creek Lane is designed as a public 32 -foot wide, two -lane urban roadway with a 5 -foot concrete sidewalk along the west side of the road. The Developer is dedicating 60 feet of right -of -way. Elm Creek Lane provides a connection between 166 Street and Falkirk Trail and aligns with Elm Creek Court and Enchanted Court. Enchanted Court Development of Tullamore 4th Addition includes the construction of Enchanted Court. Enchanted Court is designed as a public 32 -foot wide two -lane urban roadway within a 60 -foot wide right -of -way that terminates in a permanent cul -de -sac south of Falkirk Trail. The cul -de -sac is designed as a 45 -foot radius within a 60 -foot right -of -way radius. Enchanted Court extends south from the intersection of Falkirk Trail and Elm Creek Lane. Falkirk Trail Development of Tullamore 4th Addition includes the construction of Falkirk Trail, a local street that will be extended from the adjacent Tullamore 3rd Addition. Falkirk Trail is designed as a 32 -foot wide, two -lane urban roadway with a 5 -foot concrete sidewalk along the north side. The Developer is dedicating 60 feet of right -of -way. Falkirk Trail provides a connection and access to Pilot Knob Road (CSAH 31) that aligns with Embers Avenue to the east. The existing Pilot Knob Road section is constructed to provide a full access intersection at Falkirk Trail. 166 Street Development of Tullamore 4th Addition includes the construction of 166 Street, a local street that will be extended from the adjacent Tullamore 3rd Addition to the intersection with Elm Creek Lane. 166 Street is designed as a 32 -foot wide, two -lane urban roadway with a 5 -foot concrete sidewalk along the north side. The Developer is dedicating 60 feet of right -of -way. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility, and street construction is restricted to the intersection of Pilot Knob Road and Falkirk Trail. A rock construction access at Falkirk Trail shall be included on all future submittals and will be reviewed by City Staff with the final construction plans. PARKS AND TRAILS Five -foot concrete sidewalks will be constructed at the developer's expense on one side of all local streets, excluding cul -de -sacs. Development of Tullamore 4 1 h Addition includes the construction of an eight foot wide bituminous trail which connects the existing greenway corridor from Tullamore 1St Addition to the existing trail along Pilot Knob Road. The proposed trail aligns along the north edge of Outlot A and the south side of Falkirk Trail. The Developer will be TULLAMORE 4 Th ADDITION FINAL PLAT FEBRUARY 5, 2014 PAGE 4 OF 10 responsible for 100% of the grading and restoration of the trail area within their plat. The City will credit the Developer's cash fees 100% of the cost for the bituminous and aggregate base associated with the trail construction. The Greenway Corridor Trail construction credit is calculated as follows: $18,067.78 = $18,067.78 Total Estimated Cost for Total Greenway Corridor Trail Construction In Tullamore 4` Addition ( excluding grading and restoration) The Park Dedication Fee has not been collected on the parent parcels and shall be paid in cash at the time of final plat. The Park Dedication Fee is based on the rate in effect at the time of final plat and is calculated as follows: 50 units x $3,462.00 /dwelling unit = $ 173,100.00 Single - Family Dwelling Units Park Dedication Fee Rate Total The balance due the City for park dedication is calculated as follows: • Park Dedication Fee $173,100.00 • Less Credit for Greenway Corridor Trail Construction - ( 18,067.78) • Park Dedication Balance $155,032.22 UTILITIES SANITARY SEWER Tullamore 4th Addition is located within subdistrict NC -20040 of the North 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 Apple Valley Central Interceptor and continue to the Empire Wastewater Treatment Facility. The downstream facilities have sufficient capacity to serve the proposed residential subdivision. Development of Tullamore 4 11 Addition includes the extension of public sanitary sewer. 8- inch sanitary sewer has been extended through the subdivision from Tullamore 3rd Addition along Falkirk Trail and 166th Street. Sanitary sewer will be constructed from the existing mains along Falkirk Trail and 166 Street to serve lots in Blocks 1, 2, 3, and 4 Tullamore 4th Addition. 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: 50 units x $307.00 /dwelling unit = $ 15,350.00 Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total TULLAMORE 4 T " ADDITION FINAL PLAT FEBRUARY 5, 2014 PAGE 5OF10 WATERMAIN The Comprehensive Water Plan does not identify any additional trunk watermain at the plat location. Development of Tullamore 4th Addition includes the extension of public watermain. 8- inch watermain will be extended within the subdivision from Pilot Knob Road and will connect to existing stubs at Falkirk Trail and 166 Street to complete a looped system. The Lateral Watermain Access charge is due for the lateral portion 12 -inch watermain within Pilot Knob Road right -of -way and must be paid in cash with the final plat. The Lateral Watermain Access Charge will be based on the section of final plat that is adjacent to Pilot Knob Road, and is calculated as follows: 1,949.63 f.f. x $38.40/f.f. _ $74,865.79 Front Footage along Lateral Watermain Total Pilot Knob Road Access Charge The Lateral Watermain Access Charge of $74,865.79 must be paid in cash with the final plat. The proposed sanitary sewer and watermain layout is in accordance with the City's Comprehensive Sanitary Sewer and Water Plan. Final locations and sizes of all sanitary sewer and watermain will be reviewed by City Staff with the final construction plans. DRAINAGE AND GRADING The majority of Tullamore 4 Addition is in Subdistrict NC - 17, while a small portion lies within Subdistrict NC - 15 of the North Creek drainage district of the City. The site flows southeasterly towards the intersection of 170th Street and Pilot Knob Road. The proposed drainage improvements for Tullamore 4th Addition include two stormwater management basins located in Outlots A and B. The stormwater basins discharge to the regional stormwater basin NC -17 -1 to the south that was constructed and designed to serve this area as part of the Tullamore 1st Addition improvements. Outlots A and B, which contain stormwater management basins, will be conveyed to the City by deed with the Tullamore 4 Addition plat and acquired at a rate of $5,500 per acre, consistent with City policy. The credit will be applied to the Developer's storm sewer area charge and is calculated as follows: 0.96 acres + 1.16 acres x $5,500.00 /acre = $ 11,660.00 Area of Outlot A, Area of Outlot B, Total Tullamore 4 th Addition Tullamore 4 th Addition The final grading plan must identify all fill lots in which the building footings will be placed on fill material. The grading specifications must also indicate that all TULLAMORE 4 T " ADDITION FINAL PLAT FEBRUARY 5, 2014 PAGE 6 OF 10 embankments meet FHA /HUD 79G specifications. The developer must certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits for Tullamore 4th Addition will not be issued until a certified grading plan and soils report have been submitted and approved. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. STORM SEWER Tullamore 4th Addition includes the construction of a public storm sewer system. The storm sewer will collect and convey runoff generated from the development to the stormwater management basins located in Outlots A and B. 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 Tullamore 4th Addition for the street sub -cut and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction, shall be the Developer's responsibility to install and finance. The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and shall be paid in cash at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows: 1,052,881 s.f. - 92,401 s.f. x $0.167/s.f. _ $160,400.16 Gross Area of Area of Outlots A and B Area Charge Total Tullamore 4` Addition (Stormwater Treatment Basins) The balance due to the City for trunk storm sewer is calculated as follows: • Trunk Storm Sewer Area Charge $160,400.16 • Less Credit for Deeding Outlots A and B to City of Lakeville 11,660.00 • Balance $148,740.16 FEMA FLOODPLAIN ANALYSIS Tullamore 4th Addition is located in Zone X. There are no areas within the plat located within a designated Special Flood Hazard Area (SFHA), as determined by FEMA. TULLAMORE 4 T " ADDITION FINAL PLAT FEBRUARY 5, 2014 PAGE 7 OF 10 RESIDENTIAL BUFFER YARD REQUIREMENTS Pilot Knob Road is a minor arterial roadway as identified in the City's Transportation Plan. A buffer yard containing a combination of earth berms and /or plantings of a sufficient density to provide a visual screen and a reasonable buffer a minimum of ten feet in height shall be provided adjacent Pilot Knob Road. A certified as -built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. WETLANDS There are no wetlands on the Tullamore 4t" Addition site. TREE PRESERVATION Tree removals, preservations and securities for this site were reviewed with the Tullamore 1st final plat. There are no trees in the Tullamore 4t" Addition final plat. EROSION CONTROL An erosion control plan has been submitted and includes the following: • A seed /mulch specification meets City requirements. Erosion control blanket on all basin slopes. • All 3:1 slopes seeded and stabilized with fiber blanket. • Phased construction to minimize soil loss. • Inlet protection is included in the plans. Wimco Road Drains 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. TULLAMORE 4 T " ADDITION FINAL PLAT FEBRUARY 5, 2014 PAGE 8 OF 10 SECURITIES The developer shall provide a cash escrow or Letter of Credit as security for the developer - installed improvements relating to Tullamore 4t" Addition. The construction costs are based upon estimates submitted by the Developer's Engineer on December 2, 2013. CONSTRUCTION COSTS Sanitary Sewer $ 148,790.00 Watermain 147,192.00 Storm Sewer 237,868.00 Street Construction 313,670.79 Erosion Control, Stormwater Basin, Restoration and Grading 5,000 Certification SUBTOTAL - CONSTRUCTION COSTS $ 852,520.79 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 TOTAL PROJECT SECURITIES $ 51,151.25 21,313.02 4,262.60 59,676.46 4,262.60 39,000.00 5,300.00 11,000.00 $ 195,965.93 $1,048,486.72 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 $5,300.00. 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 $11,000.00, which consists of eight post -top streetlights at $1200.00 each and one mast arm at $1400.00 each. CASH FEES The Park Dedication Fee for Tullamore 4t" Addition is $173,100.00. A cash fee for traffic control signs is due with Tullamore 4t" Addition. Street signing consists of two stop /street signs at $301.00 each, one stop sign at $83.00, one 30 MPH speed limit sign at $74.00, for a total of $759.00. If the street signs are installed during frost conditions, the developer shall pay an additional $150.00 for each street sign location. TULLAMORE 4 T " ADDITION FINAL PLAT FEBRUARY 5, 2014 PAGE 9 OF 10 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: 50 units x $8.14 /unit /qtr. x 4 gtrs. =$1628.00 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: 50 units x $7.00 /unit /qtr. x 4 qtrs. = $ 1400.00 Dwelling Units Surface Water Management Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid at the time of final plat approval and is calculated as follows: 50 units x $75.00 /unit = $ 3,750.00 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 in either .dwg (AutoCAD) or .dxf format. 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 $25,575.62. CASH REQUIREMENTS Park Dedication Fee $173,100.00 Sanitary Sewer Availability Charge 15,350.00 Lateral Watermain Access Charge 74,865.79 Trunk Storm Sewer Area Charge 160,400.16 Traffic Control Signs 759.00 Streetlight Operating Fee 1628.00 Surface Water Management Fee 1400.00 City Base Map Updating Fee 3,750.00 City Engineering Administration (3.00 %) 25,575.62 SUBTOTAL - CASH REQUIREMENTS $ 456,828.57 TULLAMORE 4 T " ADDITION FINAL PLAT FEBRUARY 5, 2014 PAGE 10 OF 10 CREDITS TO THE CASH REQUIREMENTS Deeding Outlot A and B to City for Stormwater Management $11,660.00 Greenway Corridor Trail Construction 18,067.78 SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 29,727.78 TOTAL CASH REQUIREMENT $ 427,100.79 RECOMMENDATION Engineering recommends approval of the final plat, final grading plan, final utility plan, and final erosion control plan for Tullamore 4t" Addition, subject to the comments within this report.