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HomeMy WebLinkAboutItem 06.v (Reserved for Dakota County Recording Information ) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. __________ RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND DEVELOPMENT STAGE PUD PLANS FOR MINNESOTA BLUE SKIES ADDITION WHEREAS, the owner of the plat described as Minnesota Blue Skies Addition has requested preliminary and final plat and Development Stage PUD approval; and WHEREAS, the preliminary plat and Development Stage PUD was reviewed by the Planning Commission and the preliminary plat was reviewed by the Parks, Recreation and Natural Resources Committee; and WHEREAS, the preliminary and final plat and Development Stage PUD plans are acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The preliminary and final plat and Development Stage PUD for Minnesota Blue Skies Addition is hereby approved subject to the development contract and planned unit development agreement and security requirements. 2. The Mayor and City Clerk are hereby directed to sign the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. APPROVED AND ADOPTED this 6th day of April, 2015. CITY OF LAKEVILLE BY: _____________________ 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 6th day of April 2015, as shown by the minutes of said meeting in my possession. ________________________ Charlene Friedges, City Clerk (SEAL) 1 2 1 180806v1 Minnesota Blue Skies Addition (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) MINNESOTA BLUE SKIES ADDITION CONTRACT dated ____________________, 2015, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and MINNESOTA BLUE SKIES, LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for MINNESOTA BLUE SKIES 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 C, SPIRIT OF BRANDTJEN FARM COMMERCIAL 1ST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, 2 180806v1 Minnesota Blue Skies Addition utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, and 3) the necessary insurance for the Developer and its construction contractors has been received by the City. In addition, the City will not issue a permit for the proposed 8,800 square foot daycare facility 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 dedication 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, 3 180806v1 Minnesota Blue Skies Addition 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 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 Plan G - Site 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 4 180806v1 Minnesota Blue Skies Addition 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 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. 5 180806v1 Minnesota Blue Skies Addition In accordance with Minnesota Statutes 505.021, 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 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. 6 180806v1 Minnesota Blue Skies Addition 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2015, 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 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 7 180806v1 Minnesota Blue Skies Addition 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 final establishment of ground cover approved by the City, 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 all other items listed in City Code Section 10-3-5.NN. The City will withhold issuance of a Certificate of Occupancy until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of a Certificate of Occupancy. Prior to the release of the grading and erosion control security, the “as constructed” plan for the lot 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 8 180806v1 Minnesota Blue Skies Addition are in place. If the final grading, erosion control and “as constructed” grading plan is not timely completed, the City may enter the lot, perform the work, and drawn down on the letter of credit. Upon satisfactory completion of the grading, erosion control and “as constructed” grading plan, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. A certified as-built building pad survey must be submitted and approved for commercial, industrial or institutional developments prior to issuance of a building permit. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, 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 9 180806v1 Minnesota Blue Skies Addition construction and will be billed on hourly rates estimated to be seven percent (7%) of the estimated construction cost. 19. STORM SEWER AREA CHARGE. Development of Minnesota Blue Skies Addition includes the construction of a privately owned and maintained storm sewer system that will collect and convey stormwater runoff generated from the parking lot, roof-tops and open space to the public storm sewer system. Private draintile must also be installed within the playground areas connecting to the private storm sewer. The Developer must connect to the public storm sewer system to be installed with the Spirit of Brandtjen Farm Commercial 1st Addition (“SBFC 1st Addition”) improvements that will require a change to the approved construction plans. The Developer must post a $1,000 security to ensure that the connection to the public storm sewer system is completed and must post a $1,000 security for the coordination of engineering design and inspection of the changes to the approved SBFC 1st Addition storm sewer construction plans. 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 and is calculated as follows: 59,772 s.f. X $0.25/s.f. = $14,943.00 Gross Area of Minnesota Blue Skies Addition Commercial Trunk Storm Sewer Area Charge Total 20. SANITARY SEWER AVAILABILITY CHARGE. Development of Minnesota Blue Skies Addition includes private sanitary sewer construction. Eight inch private sanitary sewer services will be stubbed to the parent parcel of Minnesota Blue Skies Addition to provide sanitary sewer services for the development. The downstream sanitary sewer and watermain to serve the development is not yet constructed and will be installed with the SBFC 1st and 2nd Addition improvements. The Developer for SBFC 1st and 2nd Addition has submitted a letter to the City outlining the construction schedule of the utilities stating that they will be completed by the end of July, 2015. A sewer/water connection permit from the City’s Inspection Department for Minnesota Blue Skies Addition will 10 180806v1 Minnesota Blue Skies Addition not be issued until all testing and inspection has been completed for the utilities within SBFC 1st and 2nd Addition. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and must be paid at the time the building permit is issued. The Sanitary Sewer Availability Charge will be calculated at $327 per SAC Unit, as determined by the Building Official. 21. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public and private utility construction, and site construction for Minnesota Blue Skies Addition is restricted to Elmhurst Lane, via 160th Street. No construction traffic is permitted on the adjacent local streets. 22. PARK DEDICATION. The Park Dedication fee has not been collected on the parent parcel of Minnesota Blue Skies Addition and must be satisfied through a cash contribution that must be paid at the time of final plat approval. The Park Dedication fee for commercial areas in Spirit of Brandtjen Farm is $5,400 per acre, consistent with the Spirit of Brandtjen Farm master PUD agreement. The park dedication requirement is calculated as follows: 1.37 acres X $5,400/acre = $7,398.00 Total Area of the Parent Parcel Commercial Park Dedication Rate Total Eight foot wide concrete sidewalks must be installed along the north side of 162nd Street and west side of Elmhurst Lane adjacent to the plat with the SBFC 1st Addition improvements. 23. STREET LIGHT OPERATION COSTS. A cash fee for one year of streetlight operating expenses for Minnesota Blue Skies Addition must be paid at the time of final plat approval. The cash fee is calculated as follows: 501.93 f.f. x $0.2277/f.f./qtr. x 4 qtrs. = $457.16 162nd Street and Elmhurst Lane Frontage Streetlight Operating Fee Total 24. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one year of surface water management expenses for Minnesota Blue Skies Addition must be paid at the time of final plat approval and is calculated as follows: 11 180806v1 Minnesota Blue Skies Addition 1.37 acres X 4.2 REU x $7.00/unit/qtr. x 4 qtrs. = $161.11 Gross area of Development Residential Equivalent Utility Factor Surface Water Management Fee Total 25. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $32,885.00 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 March 11, 2015, Engineering Report. B. The Developer shall install a driveway to provide access to the proposed day care facility from Elmhurst Lane. The access driveway includes a stop sign, stop bar, zebra crosswalk striping and pedestrian curb ramps for the public sidewalk. The Developer must post a $2,000.00 security to ensure the construction of the public pedestrian curb ramps located within the public right-of-way. C. The Developer is required to coordinate any plan revisions necessary for the construction of the access driveway referred to in Paragraph 27.B. above with the developer of SBFC 1st Addition. The Developer must post a $1,000.00 security for the coordination of engineering design and inspection of the changes to the approved SBFC 1st Addition construction plans. D. 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/outlot at $100.00 per lot/outlot. The security will be held by the City until the Developer's land surveyor certifies that all 12 180806v1 Minnesota Blue Skies Addition 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. E. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $75.00 per lot for a total charge of $75.00. F. 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 $1,400.00 and consists of one mast- arm street light. G. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. 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 $45,705.00, plus a cash fee of $240.00 for City engineering administration. If an alternate security is furnished, the Developer shall also furnish a letter of credit for twenty-five percent (25%) of the alternate security amount to cover any contract increases. The amount of the security was calculated as follows: 13 180806v1 Minnesota Blue Skies Addition CONSTRUCTION COSTS: A. Public Pedestrian Curb Ramps $ 2,000.00 B. Connection to Public Storm Sewer 1,000.00 C. Erosion Control, Restoration, Grading 5,000.00 and Grading Certification CONSTRUCTION SUB-TOTAL $ 8,000.00 OTHER COSTS: A. Developer’s Design (6.0%) $ 480.00 B. Developer’s Construction Survey (2.5%) 200.00 C. City Legal Expenses (Est. 0.5%) 40.00 D. City Construction Observation (Est. 7.0%) 560.00 E. Developer’s Record Drawings (0.5%) 40.00 F. SBFC 1st Addition Plan Changes 2,000.00 G. Street Lights 1,400.00 H. Landscaping 32,885.00 I. Lot Corners/Iron Monuments 100.00 OTHER COSTS SUB-TOTAL $ 37,705.00 TOTAL SECURITIES: $ 45,705.00 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all 14 180806v1 Minnesota Blue Skies Addition 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 $ 7,398.00 B. Trunk Storm Sewer Area Charge 14,943.00 C. Street Light Operating Fee 457.16 D. Surface Water Management Utility Fee 161.11 E. City Base Map Updating 75.00 F. City Engineering Administration 240.00 (3% for letters of credit or 3.25% for alternate disbursement) TOTAL CASH REQUIREMENTS $ 23,274.27 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 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. 15 180806v1 Minnesota Blue Skies Addition 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 attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. 16 180806v1 Minnesota Blue Skies Addition 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. 17 180806v1 Minnesota Blue Skies Addition E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of a permanent or temporary certificate of occupancy. 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 18 180806v1 Minnesota Blue Skies Addition 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 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 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. 19 180806v1 Minnesota Blue Skies Addition 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. 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: Minnesota Blue Skies, LLC, 1425 Deerwood Path, Eagan, Minnesota 55122. 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.] 20 180806v1 Minnesota Blue Skies Addition CITY OF LAKEVILLE BY: _____________________________________ Matt Little, Mayor (SEAL) AND:____________________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2015, 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 City of Lakeville Planning Department Memorandum To: Planning Commission From: Kris Jenson, Associate Planner Date: 12 March 2015 Subject: Packet Material for the 19 March 2015 Planning Commission Meeting Agenda Item: 1) Preliminary and Final Plat of one commercial lot to be known as Minnesota Blue Skies Addition; and 2) PUD Development Stage Plan for the Goddard School; and 3) Vacation of public drainage and utility easements. Action Deadline: 11June 2015 BACKGROUND Cory Schubert, representing Thomas J. Walker, has submitted plans for Minnesota Blue Skies Addition consisting of one lot located at the intersection of Elmhurst Lane and 162nd Street, within the Spirit of Brandtjen Farm (SBF) commercial area. The lot is proposed for the development of The Goddard School, a daycare facility. The site is zoned PUD, Planned Unit Development as approved by the City Council on 20 June 2005. The proposed development requires a preliminary and final plat, PUD development stage plan, and vacation of existing drainage and utility easements. The Minnesota Blue Skies Addition plans have been distributed to Engineering Division and Parks and Recreation Department staff and the Parks, Recreation and Natural Resources Committee. EXHIBITS A. Aerial Photo Map B. Location and Existing Zoning C. Preliminary Plat D. Final Plat E. Erosion & Sediment Control Plan F. Grading & Drainage Plan G. Utility Plan H. Site Plan (Civil) I. Landscape Plan J. Turn Movement Exhibit K. Site Plan (Architectural) L. Building Elevations M. Color Elevation N. Photometric Plan O. Easement Vacation Sketch PLANNING ANALYSIS Comprehensive Plan. The 2008 Comprehensive Land Use Plan guides the subject site for commercial land uses reflecting the land uses designated by the SBF Land Use Plan approved by the City Council as a part of the SBF PUD Booklet dated 20 June 2005. SBF Land Use Plan. The SBF Land Use Plan guides the subject site for mixed use development based on the uses allowed in the O-R District and C-3 District as established by the Zoning Ordinance. The proposed day care center is an allowed use of the subject site and subject to compliance with applicable requirements of the Zoning Ordinance. Existing Conditions. The site was previously mined, has been reclamated, and is currently vacant and undeveloped. It was platted as Outlot C with the Spirit of Brandtjen Farm Commercial 1st Addition plat. MUSA. The subject site is within the current MUSA and sanitary sewer and water utilities will be available with the installation of the utilities within the SBF Commercial 1st Addition. Adjacent Land Uses. Adjacent land uses and zoning are as follows: North – Vacant land (PUD) East – Vacant land (PUD) South – Future residential (PUD) West – Future Hy-Vee Foods (PUD) Consistency with the Capital Improvement Plan (CIP). City streets, sanitary sewer and water improvements for the area of Minnesota Blue Skies Addition will be financed and constructed by the developer. The development costs associated with the Minnesota Blue Skies Addition development are not programmed in the 2015 – 2019 CIP. Premature Subdivision Criteria. A preliminary plat may be deemed premature if any of the criteria listed in Chapter 10-2-4-1 of the Subdivision Ordinance exist. Eligible criteria pertain to a lack of adequate: drainage, water, streets, sanitary sewer, and public service capacity (police and fire protection). The other pertinent criteria pertain to inconsistencies with the City Comprehensive Land Use and Capital Improvement Plans (discussed above). While utilities are not currently available at the proposed Minnesota Blue Skies Addition site, they will be constructed this spring as part of the SBF Commercial 1st Addition project. Staff review of the Minnesota Blue Skies Addition preliminary plat against these criteria finds that it is not a premature subdivision. Final Plat. The applicant has submitted a final plat for the proposed development consistent with the preliminary plat. The final plat is subject to applicable comments 2 pertaining to the preliminary plat design and is subject to approval by the City Council. Lot Requirements. The SBF Land Use Plan does not establish minimum lot area or width requirements for developments within the PUD District. The proposed lot area of 1.37 acres (59,773 sq. ft.) exceeds the C-3 District minimum lot size of 20,000 sq. ft. Streets/Site Access. The proposed site is located at the northwest corner of 162nd Street and Elmhurst Lane. Both streets are planned to be constructed this spring in conjunction with the SBF Commercial 1st Addition. No additional right-of-way is required for either street. Additional detailed information is outlined in the Engineering Division memorandum dated 28 February 2015. • 162nd Street – 162nd Street is a minor collector commercial roadway as identified in the City’s Transportation Plan. It will be a 44-foot roadway within an 80 foot right-of-way and will intersect with Pilot Knob Road to the west. • Elmhurst Lane – Elmhurst Lane is a local commercial roadway. It will be a 44 foot wide roadway within an 80 foot wide right-of-way and will intersect with 160th Street (CSAH 46) to the north. All streets meet the minimum width and design requirements of the Subdivision Ordinance. Sidewalks/Trails. Eight-foot wide concrete sidewalks will be constructed along both 162nd Street and Elmhurst Lane, adjacent to the subject site, as part of the construction of both 162nd Street and Elmhurst Lane. A private sidewalk located between the front of the building and the parking area will connect to the sidewalk along Elmhurst Lane. Setbacks. The location of the building on the lot exceeds the setback requirements of the C-3 District. Front Rear Side Corner Side Required 30' 10' 10' 30' Proposed 163.79' 39.82' 52.35' 60' The site plans indicate a possible future expansion area at the rear of the building. This would result in a setback of 20 feet to the rear property line. Off-street Parking. The table below illustrates the calculation of required off-street parking: Use Requirement Student Cap. Req. Stalls Stalls Provided Daycare Facility 1 stall/4 persons of licensed capacity 144 36 42 As noted above, the Goddard School plans indicate an area for a possible building expansion, which would increase the school capacity by 20 students. An additional five spaces would be required for a total of 41 parking spaces. The proposed number of parking spaces to be provided exceeds this requirement. Proposed parking stall 3 dimensions, drive aisle widths, and parking lots setbacks meet Zoning Ordinance requirements. Grading, Drainage, Erosion Control, and Utilities. Proposed grading, drainage, erosion control, and utilities for the Minnesota Blue Skies Addition preliminary plat is shown on the erosion and sediment control, grading and drainage, and utility plans. All new local utilities shall be placed underground. Grading, drainage, erosion control, and utilities details are outlined in the 11 March 2015 engineering report prepared by Alex Jordan, Civil Engineer and Mac Cafferty, Environmental Resources Manager. The Engineering Division recommends approval of the preliminary plat. Loading. A designated loading zone has not been included on this site. The developer has provided a plan showing that the site can accommodate truck turning movements for large delivery vehicles. This is consistent with other daycare centers in Lakeville. Landscaping. The overall site includes a variety of overstory shade and ornamental trees, shrubs, and ornamental grasses. The parking lot is buffered on the south and east by Northern Red Oaks, Black Hills Spruce, Compact American Cranberrybush, Isanti Dogwood, and Hameln Fountain Grass to shield the view from the right-of-way. The parking lot islands are landscaped with Autumn Blaze Maple trees and feather reed grass and there is an area on either side of the front door landscaped with Prairie Rose crabapple trees, Endless Summer Hydrangea, and Palace Purple Coral Bells. Just outside the fence surrounding the children’s play area, Quaking Aspen trees interspersed with Neon Flash Spirea and Feather Reed Grass break up the expanse of fence along the east and north sides of the property. Staff recommends the landscape plan be revised to include additional landscaping along the east side of the outdoor play area adjacent to Elmhurst Lane to break up the view of the proposed privacy fence from the public street. The landscape plan is attached as Exhibit I. A $37,300 security is required to guarantee installation of the approved landscaping. Fencing. The east, west, and north sides of the property will include a six-foot tall white vinyl privacy fence to enclose the outdoor play areas for the children at the center. Gates will be located on the south side of the fence, one on either side of the front entrance of the building. A detail of the fence is included on the architectural site plan (Exhibit K.) Park Dedication. In accordance with the SBF Master PUD Agreement, park dedication will be collected as a cash fee that must be paid with the final plat. The park dedication amount per the agreement is $5,400 per acre, for a total of $7,398.00. The Parks, Recreation and Natural Resources Committee will review the preliminary and final plat at their 18 March 2015 meeting. Their comments will be forwarded to the Planning Commission at the public hearing. Signs. A free-standing sign is proposed to be located north of the parking lot, near the driveway access. The proposed location as shown meets the required 15 foot setback from public street right-of-way for free-standing signs. The architectural site plan (Exhibit K) proposes a five foot, six inch tall sign. The building elevation plans indicate that there will be a wall sign on the front of the building. Both signs are shown for 4 illustrative purposes at this time and a separate sign permit must be issued for each sign prior to being erected or placed on the building. Exterior Materials. The proposed building is primarily red brick, with a slightly darker color band at the base of the building (Exhibit L). The Zoning Ordinance requires three Class A materials to be used on commercial buildings, but allows buildings to be “constructed primarily of one specific Grade A material provided the design is obviously superior to the general intent of this title, provides variation in detailing, footprint of the structure or deviations in long wall section to provide visual interest.” Staff feels that the red brick proposed, along with the regular placement of windows and doors on each elevation, meets the intent of this provision. A color rendering is attached as Exhibit M. Trash Enclosure. A trash enclosure is proposed north of the parking lot on the west side of the site. As shown on Exhibit K, the trash enclosure will brick to match the building and will be over six feet in height. The trash enclosure gate will be made of composite wood planking. Exterior Lighting. Lighting on the site includes two 12 foot high light poles within the parking lot and eight wall mounted lights around the exterior of the building (Exhibit N). According to the architect, these lights are down cast fixtures with glare shields that are activated by a photocell and turned off by a time clock. The operation hours of the facility will stop around 6 pm, so the lights should go off around that time. Exterior lighting must comply with the requirements of Section 11-16-17 of the Zoning Ordinance. Easement Vacation. When the Spirit of Brandtjen Farm Commercial 1st Addition final plat was approved last year, public drainage and utility easements were added to Outlot C, adjacent to the right-of-way of 162nd Street and Elmhurst Lane. In order to plat the property for development, those easements must be vacated. New 10 foot wide public drainage and utility easements have been included on the plat adjacent to 162nd Street and Elmhurst Lane. Exhibit O illustrates the easements to be vacated. RECOMMENDATION Planning Department staff recommends approval of the Minnesota Blue Skies Addition preliminary and final plat, PUD Development Stage plans for The Goddard School, and the vacation of public drainage and utility easements subject to the following stipulations: 1. The recommendations listed in the 11 March 2015 engineering report. 2. The recommendations of the Parks, Recreation, and Natural Resources Committee. 3. The vacation of the public drainage and utility easements shall be recorded with the final plat. 4. The Goddard School site shall be developed in accordance with the plans approved by the City Council. 5 5. The landscape plan shall be revised to include additional landscaping along the east side of the outdoor play area adjacent to Elmhurst Lane to break up the view of the proposed privacy fence from the public street. A $37,300 security is required to guarantee installation of the approved landscaping. 6. Signs as shown on the plans are illustrative only. All signs must comply with the requirements of Chapter 23 of the Zoning Ordinance. A sign permit must be issued prior to any signs being placed or erected on site. 7. Exterior lighting must comply with the requirements of Section 11-16-17 of the Zoning Ordinance. 6 ± Minnesota Blue Skies Add. (Goddard School) Pi l o t K n o b R o a d ( C S A H 3 1 ) 162nd St (Future) City of LakevilleAerial MapMinnesota Blue Skies Add.Preliminary/Final PlatEasement VacationEXHIBIT A 160th St (CSAH 46) El m h u r s t L a n e ( F u t u r e ) Future Hy-Vee Grocery Store E n v oy Way E q u e s t r i a n T r a i l PUD PUD PUDPUD PUD PUD PUD P/OS RST-2 RM-2 160TH ST W DODD BLVD PI L O T K N O B R D ± EXHIBIT B City of LakevilleLocation and Zoning Map Minnesota BlueSkies AdditionPreliminary/Final Plat Minnesota Blue Skies AddThe Goddard School Site 2 A 8 G 20 R 3 D 10 G 23 O 6 Q 16 I 32 R6 P 2 Q 6 J 8 L 1 E 2 A 6 Q 1 C 10 K 10 S 10 S 1 C 19 I 1 C 12 K 1 B 8 G 20 R 2 B 28 Q 1 E 1 E 1 E 1 E 21 H 1 A Ca l y x D e s i g n G r o u p , L L C La n d s c a p e A r c h i t e c t u r e - S u s t a i n a b l e D e s i g n - P l a n n i n g     % H U N H O H \  $ Y H Q X H       6 D L Q W   3 D X O   0 1        te l e p h o n e : 6 5 1 . 3 3 4 . 5 4 9 8 LQ W H U Q H W    Z Z Z  F D O \ [ G H V L J Q J U R X S  F R P  H P D L O       in f o @ c a l y x d e s i g n g r o u p . c o m  cd g I h e r e b y c e r t i f y t h a t t h i s p l a n , s p e c i f i c a t i o n , or r e p o r t w a s p r e p a r e d b y m e o r u n d e r m y di r e c t s u p e r v i s i o n a n d t h a t I a m a d u l y Li c e n s e d L a n d s c a p e A r c h i t e c t u n d e r t h e la w s O f t h e S t a t e o f M i n n e s o t a . Pr i n t N a m e : Si g n a t u r e : Da t e : Be n j a m i n D . H a r t b e r g , A S L A Li c e n s e N o . 4 8 0 8 4 12 / 1 2 / 1 4 LANDSCAPE DETAILS, NOTES, AND SCHEDULES:LANDSCAPE PLAN 2 6.1 TYP. PERENNIAL PLANTING DETAIL NOT TO SCALE . 4 6.1 TYP. SHRUB PLANTING - SECTION NOT TO SCALE 3 6.1 DECIDUOUS TREE PLANTING - SECTION NOT TO SCALE 5 6.1 CONIFEROUS TREE PLANTING - SECTION TOMAHAWK TREE STABILIZER STAKES. MINIMUM (2) PER TREE. SOD ROOT BALL TO SIT ON MOUNDED MULCH - 4" DEEP - SEE SPEC PLANTING SOIL - SEE SPEC. TOPSOIL SUBGRADE OTHERWISE. NO MULCH TO BE IN CONIFER TO HAVE SHREDDED HARDWOOD MULCH UNLESS NOTED PLACE ROOT BALL SO THAT BASAL FLARE IS 1" ABOVE SURROUNDING CONTACT WITH TRUNK. NOTE: SUBGRADE, REMOVE BURLAP DRAIN SYSTEM IS NECESSARY 4" DIAMETER AUGERED HOLE, 42" MIN. DEPTH. FILLED W/ 3/4" DIAMETER DRAIN ROCK. COVER W/ 6" FILTER FABRIC. FOR HEAVY CLAY SOILS. FROM TOP 1/3 OF ROOT BALL GRADE. THE CONTRACTOR IS RESPONSIBLE FOR ENSURING THE TREES ARE IN A PLUMB POSITION THROUGHOUT THE WARRANTY PERIOD. Landscape Notes: 1. Tree saucer mulch to be four inches (4") depth natural single-shred hardwood mulch for trees outside of a plant bed. Install per tree planting detail. 2. Refer to civil plan sheets for grading, drainage, site dimensions, survey, tree removal, proposed utilities & erosion control. 3. All plant material shall comply with the latest edition of the American Standard for Nursery, American Association of Nurserymen. Unless noted otherwise, deciduous shrubs shall have at least 5 canes at the specified shrub height. Plant material shall be delivered as specified. 4. Plan takes precedence over plant schedule if discrepancies in quantities exist. 5. All proposed plants shall be located and staked as shown. 6. Adjustment in location of proposed plant material may be needed in field. Should an adjustment be required, the client will provide field approval. Significant changes may require city review and approval. 7. The project landscape contractor shall be held responsible for watering and properly handling all plant materials brought on the site both before and after installation. Schedule plant deliveries to coincide with expected installation time within 36 hours. 8. Refer to the civil engineer's plans for erosion control measures on graded slopes. Coordinate seeding activities with the erosion control installer. 9. The landscape contractor shall provide the owner with a watering schedule appropriate to the project site conditions and to plant material growth requirements. 10. If the landscape contractor is concerned or perceives any deficiencies in the plant selections, soil conditions, drainage or any other site condition that might negatively affect plant establishment, survival or guarantee, they must bring these deficiences to the attention of the landscape architect & client prior to bid submission. 11. Contractor shall establish to his/ her satisfaction that soil and compaction conditions are adequate to allow for proper drainage at and around the building site. 12. Contractor is responsible for ongoing maintenance of all newly installed material until time of owner acceptance. Any acts of vandalism or damage which may occur prior to owner acceptance shall be the responsibility of the contractor. Contractor shall provide the owner with a maintenance program including, but not limited to, pruning, fertilization and disease/pest control. 13. The contractor shall guarantee newly planted material through one calendar year from the date of written owner acceptance. Plants that exhibit more than 10% die-back damage shall be replaced at no additional cost to the owner. The contractor shall also provide adequate tree wrap and deer/rodent protection measures for the plantings during the warranty period. 14. This layout plan constitutes our understanding of the landscape requirements listed in the ordinance. Changes and modifications may be requested by the city based on applicant information, public input, council decisions, etc. 15. The landscape contractor shall be responsible for obtaining any permits and coordinating inspections as required throughout the work process. 16. Plant size & species substitutions must be approved in writing prior to acceptance in the field. 17. The landscape contractor shall furnish an Irrigation Layout Plan for head-to-head coverage of all turf and shrub planting areas. Use commercial-grade irrigation equipment (Hunter Industries) and provide product cut-sheets and (4) copies of the proposed layout plan to the landscape architect for review and approval. Coordinate irrigation connection point, controller, backflow and valving locations with the architect & general contractor. Valve boxes shall have lockable lids and be concealed in plant beds when posssible. Do not locate any valve boxes or irrigation controls within fenced play area . 18. All edger shall be professional grade black steel edger, 1/8" thick, Ryerson or Equal. Anchor every 18" on-center (minimum). Submit sample. 19. Landscape Contractor is responsible for coordination with the General Contractor, to protect the new improvements on and off-site during landscape work activities. Report any damage to the General Contractor immediately. 20. Unless otherwise noted/indicated, plant beds shall receive 4" depth of 3/4"-1" dia. washed river stone mineral mulch over fabric weed barrier (DeWitt Pro 3.2oz. Needlepunch, Nonwoven), per detail. Submit mulch sample for Owner approval. Do not install weed mat under perennial plantings areas, except if under rip-rap stone. 21. Retaining walls (if not specified on civil plans) shall be 6" precast segmental units, straight-faced, gray in color with matching cap units. Wall engineering by wall manufacturer. Submit wall plans and color chart for approval prior to installation. Boulder (gravity) walls are not acceptable. 22. All sod areas shall be prepared prior to planting with a harley power box rake or equal to provide a firm planting bed free of stones, sticks, construction debris, etc. Any alternate seed mixtures, rates, & application method noted shall be sumbitted to the landscape architect for approval. 23. The general contractor shall be responsible for procurement of site furnishings, storage, un-crating, assembly, & installation. Furnishings noted as surface-mount shall have a quick-bolt anchor concealed with an escutcheon plate or bolt painted to match furnishing color. Use stainless steel hardware and tamper-proof bolts. 24. The Landscape Contractor shall furnish samples of all landscape materials for approval prior to installation. 25. The landscape contractor shall contact Gopher State One Call no less than 48 hours before digging for field utility locations. 26. The landscape contractor shall be responsible for the removal of erosion control measures once vegetation has been established to the satisfaction of the municipal staff. This includes silt curtain fencing and sediment logs placed in the landscape. 27. The landscape contractor shall be responsible for visiting the site to become familiar with the conditions prior to bidding and installation. Coordinate with the general contractors on matters such as fine grading, landscaped area conditions, staging areas, irrigation connection to building, etc. Field verify locations of adjacent, existing trees as part of the HyVee Store Build-Out. 28. The Landscape Contractor shall furnish a mixture of seasonal annual flowers (4" pots) planted at 12" On-Center, to fill all proposed annual planting areas shown on the plan. Annual planting areas shall have 12" of premium planting soil installed by the landscape contractor and shall be drip-irrigated. Mulch perennial areas with 4" depth of clean, steamed & imported finish compost. Submit sample to Owner for approval. Submit a schedule of proposed plant materials to the landscape architect for review and approval. Use locally-available annual plants only. 30. Proposed fencing by Others. See Architect's plans and specifications. 5 B A TR E E S : Qty.NotesRootSizeCommon NameScientific NameKey 6 Neon Flash SpireaSpiraea japonica 'Neon Flash'POT#3 I SH R U B S : Qty.NotesRootSizeCommon NameScientific NameKey POT#5Compact American CranberrybushViburnum trilobum 'Bailey Compact' J O PE R E N N I A L S : Qty.NotesRootSizeCommon NameScientific NameKey P POT#2Dwarf Bush HoneysuckleDiervilla lonicera 21 B&BAutumn Blaze MapleAcer x freemanii 'Jeffersred' 3 35 H POT#1Black-Eyed SusanRudbeckia fulgida 'Goldsturm'23 POT#1Autumn Joy SedumSedum x 'Autumn Joy'6 2.5" Cal. B&B2" Cal.Prairie Rose CrabappleMalus x 'Prairie Rose' 22 POT#5Isanti DogwoodCornus sericea 'Isanti' C3 B&B3.5" Cal.Northern Red OakQuercus rubra Spring Dug D3 B&B6' Hgt.Black Hills SprucePicea glauca densata Full Form K Q POT#1Feather Reed GrassCalamagrostis x acutiflora 'Karl Forester' 42 72 R Palace Purple Coral BellsHeuchera micrantha POT#1'Palace Purple' Hameln Fountain GrassPennisetum hamelnS20 POT#1 8 POT4' Hgt.Techny ArborvitaeThuja occidentalis 'Techny'L G POT#3Endless Summer HydrangeaHydrangea macrophylla 'Bailmer'26 E5 B&BQuaking AspenPopulus tremuloides 2" Cal. Planting Palette: 1 6.1 ROCK MULCH DETAIL NOT TO SCALE City of Lakeville Public Works– Engineering Division Memorandum To: Kris Jenson, Associate Planner From: Alex Jordan, Civil Engineer McKenzie Cafferty, Environmental Resources Manager Brett Altergott, Parks and Recreation Director Copy: Zach Johnson, City Engineer Daryl Morey, Planning Director Gene Abbott, Building Official Date: March 11, 2015 Subject: Minnesota Blue Skies Addition • Preliminary and Final Plat Review • Site Plan Review • Final Grading Plan Review • Utility Plan Review • Final Erosion Control Plan Review BBAACCKKGGRROOUUNNDD Minnesota Blue Skies, LLC has submitted a preliminary and final plat named Minnesota Blue Skies Addition; Big-D Construction Corporation has submitted a site plan for a daycare facility on Lot 1, Block 1, Minnesota Blue Skies Addition. The proposed development is located north of and adjacent to 162nd Street, west of and adjacent to Elmhurst Lane, south of 160th Street (CSAH 46) and east of Pilot Knob Road (CSAH 31). The parent parcel is Outlot C, Spirit of Brandtjen Farm Commercial (SBFC) 1st Addition. The Development is zoned PUD, planned unit development. The preliminary and final plat consists of one lot on one block. The proposed development will be completed by: Developer: Minnesota Blue Skies, LLC Engineer/Surveyor: James R. Hill, Inc. MMIINNNNEESSOOTTAA BBLLUUEE SSKKIIEESS AADDDDIITTIIOONN PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAARRCCHH 1111,, 22001155 PPAAGGEE 22 SSIITTEE CCOONNDDIITTIIOONNSS The site was previously a gravel processing operation. The site is now vacant, undeveloped land that was mass graded as part of the reclamation and gravel processing area in 2010. A gravel road used for internal navigation of the gravel processing operation is located on site. The parent parcel is proposed to be mass graded with the SBFC 1st Addition improvements in 2015, consistent with the approved grading plan. EEAASSEEMMEENNTT VVAACCAATTIIOONN A public easement exists on the parent parcel and will be vacated contingent on City Council approval of the final plat: • 10-foot wide drainage and utility easement per plat of Spirit of Brandtjen Farm Commercial (SBFC) 1st Addition, located adjacent to both 162nd Street and Elmhurst Lane. SSIITTEE PPLLAANN RREEVVIIEEWW Big-D Construction Corporation proposes to construct an 8,800 square foot daycare facility to be known as Goddard School on Lot 1, Block 1, Minnesota Blue Skies Addition. A driveway is proposed to be constructed to provide access to the site from Elmhurst Lane. The access driveway includes a stop sign, stop bar, zebra crosswalk striping and pedestrian curb ramps for the public sidewalk. A $2,000 security is required for the public pedestrian curb ramps located within the public right-of-way. The construction of the driveway will include a revision to the SBFC 1st Addition approved construction plans. The Developer is required to coordinate any plan revisions necessary for the construction of the driveway with the Developer of SBFC 1st Addition. The Developer shall submit a $1,000 security for the coordination of engineering design and inspection of the changes to the approved SBFC 1st Addition construction plans. The Developer shall install a mast arm street light at the proposed driveway entrance. The site plans includes the construction of a private parking lot, designed to provide a capacity of 42 stalls, including two handicapped accessible stalls. Turning movement templates were provided to demonstrate that proper circulation can be attained throughout the parking lot. Private interior lighting and freestanding signs will be constructed within the parking lot and site. Two tot lot playgrounds and an outdoor play area are proposed to be constructed on the north, east, and west sides of the building. The outdoor play areas will be sodded, and screened by a landscaped fence as shown on the architectural plans. MMIINNNNEESSOOTTAA BBLLUUEE SSKKIIEESS AADDDDIITTIIOONN PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAARRCCHH 1111,, 22001155 PPAAGGEE 33 SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT 162nd Street Minnesota Blue Skies Addition is located north of and adjacent to 162nd Street, a minor collector commercial roadway, as identified in the City’s Transportation Plan. 162nd Street adjacent to the Development is being constructed with the SBFC 1st Addition improvements. 162nd Street is designed as a 44-foot wide two-lane urban roadway, within 80-feet of right-of- way. A dedicated eastbound left turn lane will be striped on 162nd Street at the intersection with Elmhurst Lane. Access to 162nd Street is not proposed with the Minnesota Blue Skies Addition development. Elmhurst Lane Minnesota Blue Skies Addition is located west of and adjacent to Elmhurst Lane, a local commercial roadway, as identified in the City’s Transportation Plan. Elmhurst Lane adjacent to the Development is being constructed with the SBFC 1st Addition improvements. Elmhurst Lane is designed as a 44-foot wide two-lane urban roadway with a continuous center to center left turn lane, within 80-feet of right-of-way. The proposed access driveway to the site will be from Elmhurst Lane and is consistent with the City’s access spacing requirements. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility and site construction for Minnesota Blue Skies Addition shall be restricted to Elmhurst Lane, via 160th Street. PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS The Park Dedication fee has not been collected on the parent parcel and will be satisfied through a cash contribution that must be paid with the final plat. The Park Dedication fee for commercial areas in Spirit of Brandtjen Farm is $5,400 per acre, consistent with the Spirit of Brandtjen Farm master PUD agreement. The park dedication requirement is calculated as follows: 1.37 acres X $5,400/acre = $7,398.00 Total Area of the Parent Parcel Commercial Park Dedication Rate Total 8-foot wide concrete sidewalks will be installed along the north side of 162nd Street and west side of Elmhurst Lane adjacent to the plat with the SBFC 1st Addition improvements. MMIINNNNEESSOOTTAA BBLLUUEE SSKKIIEESS AADDDDIITTIIOONN PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAARRCCHH 1111,, 22001155 PPAAGGEE 44 UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR:: The parent parcel is located within NC-20060 of the North Creek sanitary sewer district as identified in the City’s Comprehensive Sewer plan. Wastewater will be conveyed via existing trunk sanitary sewer to the MCES Farmington Interceptor and continue to the Empire Treatment Facility. 8-inch public sanitary sewer is being installed along Elmhurst Lane adjacent to the parent parcel with the SBFC 1st Addition improvements. An 8-inch private sanitary sewer service will be stubbed to the parent parcel to provide sanitary sewer service for the development. The private sanitary sewer service will be extended within the site with the site improvements to serve the proposed building. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and must be paid with the building permit. The Sanitary Sewer Availability Charge will be calculated at $327/SAC Unit, as determined by the Building Official. WWAATTEERRMMAAIINN:: 12-inch watermain is being installed along Elmhurst Lane adjacent to the parent parcel with the SBFC 1st Addition improvements. An 8-inch private water service will be stubbed to the parent parcel. The private water service will be extended within the site with the site improvements to provide water and fire suppression service to the proposed building. The downstream sanitary sewer and watermain to serve the development is not yet constructed and will be installed with the SBFC 1st and 2nd Addition improvements. The Developer for SBFC 1st and 2nd Addition has submitted a letter to the City outlining the construction schedule of the utilities stating that they will be completed by the end of July, 2015. A sewer/water connection permit from the City’s Inspection Department for Minnesota Blue Skies Addition will not be issued until all testing and inspection has been completed for the utilities within SBFC 1st and 2nd Addition. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG The parent parcel is located within subdistrict NC-14A of the North Creek Stormwater District, as identified in the City’s Water Resources Management Plan. The stormwater management system for SBFC 1st Addition will collect and convey all runoff generated from impervious surfaces in the trunk storm sewer system that will then outlet to two in-line temporary sedimentation basins that will provide pre-treatment and infiltration prior to discharging to a regional basin downstream. The sedimentation and regional basins were designed and sized to treat the additional runoff generated from the impervious surfaces within the parent parcel. No on-site stormwater management is required with the development. MMIINNNNEESSOOTTAA BBLLUUEE SSKKIIEESS AADDDDIITTIIOONN PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAARRCCHH 1111,, 22001155 PPAAGGEE 55 The final grading plan must indicate any proposed borrow areas in which the building footings will be placed on fill material. The grading specifications must indicate that all embankments meet FHA/HUD 79G specifications. A final certificate of occupancy shall not be issued until an as-built certified grading plan has been submitted and approved by the City Engineer. The proposed site plan and improvements contain more than one acre of site disturbance. 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. SSTTOORRMM SSEEWWEERR No public storm sewer will be installed with the Minnesota Blue Skies Addition improvements. A privately owned and maintained storm sewer system will be constructed and will collect and convey stormwater runoff generated from the parking lot, roof-tops and open space to the public storm sewer system. Private draintile will also be installed within the playground areas connecting to the private storm sewer. The Developer proposes to make a connection to the public storm sewer to be installed with the SBFC 1st Addition improvements that will require a change to the approved construction plans. The Developer shall submit a $1,000 security for the connection to the public storm sewer system and a $1,000 security for the coordination of engineering design and inspection of the changes to the approved SBFC 1st Addition storm sewer construction plans. The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and shall be paid with the final plat, calculated as follows: 59,772 s.f. X $0.25/s.f. = $14,943.00 Gross Area of Minnesota Blue Skies Addition Commercial Trunk Storm Sewer Area Charge Total FFEEMMAA FFLLOOOODDPPLLAAIINN AANNAALLYYSSIISS Minnesota Blue Skies Addition is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS There are no wetlands within the project area. MMIINNNNEESSOOTTAA BBLLUUEE SSKKIIEESS AADDDDIITTIIOONN PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAARRCCHH 1111,, 22001155 PPAAGGEE 66 TTRREEEE PPRREESSEERRVVAATTIIOONN There are no significant trees within the project area. EERROOSSIIOONN CCOONNTTRROOLL The plans include a detailed erosion and sediment plan. The developer is responsible for meeting all the requirements of the MPCA Construction Permit. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water District. Any additional measures required shall be installed and maintained by the developer. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Minnesota Blue Skies Addition. CONSTRUCTION COSTS Public Pedestrian Curb Ramps $ 2,000.00 Connection to Public Storm Sewer 1,000.00 Erosion Control, Restoration, Grading and Grading Certification 5,000.00 SUBTOTAL - CONSTRUCTION COSTS $ 8,000.00 OTHER COSTS Developer’s Design (6.0%) $ 480.00 Developer’s Construction Survey (2.5%) 200.00 City’s Legal Expense (0.5%) 40.00 City Construction Observation (7.0%) 560.00 Developer’s Record Drawing (0.5%) 40.00 SBFC 1st Addition Plan Changes 2,000.00 Street Lights 1,400.00 Landscaping 32,885.00 Lot Corners/Iron Monuments 100.00 SUBTOTAL - OTHER COSTS $37,705.00 TOTAL PROJECT SECURITY $ 45,705.00 The street light security totals $1,400 which consists of one mast-arm street light at $1,400 each. The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of MMIINNNNEESSOOTTAA BBLLUUEE SSKKIIEESS AADDDDIITTIIOONN PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAARRCCHH 1111,, 22001155 PPAAGGEE 77 $100. 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. CCAASSHH FFEEEESS A cash fee for one-year of streetlight operating expenses for Minnesota Blue Skies Addition shall be paid with the final plat. The cash fee is calculated as follows: 501.93 f.f. x $0.2277/f.f./qtr. x 4 qtrs. = $457.16 162nd Street and Elmhurst Lane Frontage Streetlight Operating Fee Total A cash fee for one-year of surface water management expenses for Minnesota Blue Skies Addition shall be paid with the final plat and is calculated as follows: 1.37 acres X 4.2 REU x $7.00/unit/qtr. x 4 qtrs. = $161.11 Gross area of Development Residential Equivalent Utility Factor 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: 1 x $75.00/unit = $75.00 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 fee for City Engineering Administration will be based on three percent (3.00%) of the estimated construction cost, or $240.00. CASH REQUIREMENTS Park Dedication Fee $ 7,398.00 Trunk Storm Sewer Area Charge 14,943.00 Streetlight Operating Fee 457.16 Surface Water Management Fee 161.11 City Base Map Updating Fee 75.00 City Engineering Administration (3.00%) 240.00 TOTAL CASH REQUIREMENTS $23,274.27 MMIINNNNEESSOOTTAA BBLLUUEE SSKKIIEESS AADDDDIITTIIOONN PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAARRCCHH 1111,, 22001155 PPAAGGEE 88 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the Minnesota Blue Skies Addition preliminary and final plat, site plan, grading plan, utility plan, and erosion control plan subject to the requirements and stipulations of this report.