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HomeMy WebLinkAboutItem 081 10 January 15, 2010 Item No. JANUARY 19, 2010 CITY COUNCIL MEETING CLEMMER SECOND ADDITION Proposed Action Staff recommends adoption of the following motion: 1) a resolution approving the Clemmer Second Addition preliminary and final plat and development and final stage planned unit development, 2) a resolution vacating drainage and utility easements, and 3) an ordinance rezoning property from I-1 to PUD. Overview DMAC Real Estate, LLC (a/k/a Dick's Sanitation, Inc.) representatives have submitted applications and plans for an expansion of the Clemmer First Addition property located at 8984 — 215"' Street (CSAR 70). Dick's Sanitation is proposing to acquire 3.4 acres of property from Outlot A, First Park Lakeville located south of the existing Clemmer First Addition property to expand their outdoor storage area. The property will be administratively subdivided from Outlot A, First Park Lakeville and incorporated into the preliminary and final plat as Clemmer Second Addition. The total proposed area of the Clemmer Second Addition property is 10.95 acres. The Planning Commission held a public hearing and unanimously recommended approval of the Clemmer Second Addition applications at their December 17, 2009 meeting. The Parks, Recreation and Natural Resources Committee unanimously recommended approval of the preliminary and final plat at their December 16, 2009 meeting. Primary Issue to Consider (see response on the reverse Rage) • How will the roadway easement across Clemmer Second Addition affect the property? • How are the site non -conformities being addressed? Supporting Information • Resolution approving the preliminary and final plat and development and final stage PUD. • Resolution vacating public drainage and utility easements. • Ordinance rezoning property from I-1 to PUD. • Findings of fact. • Signed development contract and planned unit development agreement, including the required security and cash payment. • Signed roadway easement over Lot 1, Block 1, Clemmer Second Addition. • Signed blanket drainage and utility easement over Outlot A, First Park Lakeville. • December 17, 2009 Planning Commission draft meeting minutes. • December 16, 2009 Parks, Recreation and Natural Resources Committee draft minutes. • December 11, 2009 planning and engineering reports. Frank Dempsey, Associate Pla ner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinances and Subdivision Ordinances; Clemmer PUD Notes: i+ " Clemmer Second Addition January 15, 2010 Page 2 of 2 Response to the Primary Issues to Consider. • How will the roadway easement being dedicated with the Clemmer Second Addition plat and the future Humboldt Road construction affect the Clemmer Second Addition property? Dakota County and the Metropolitan Airports Commission (MAC) required access to the MAC property from the future Humboldt Road in the event the MAC property develops in the future. It is unlikely that any portion of the MAC property will develop in the near future; therefore, until a public road is constructed, Dicks Sanitation will be permitted to use area of the roadway, drainage and utility easement for driveway, parking and outdoor storage purposes. No buildings will be permitted within the easement area. • How are the site non -conformities being addressed? Existing non -conformities include pavement encroachments along the west and south propertylines. The pavement along the south property line will be removed with the expansion. Also, when Humboldt Road is constructed in the future, the pavement will have to be removed to meet the minimum 10 foot setback requirement per the PUD approval. Securities are in place to guarantee compliance with this requirement. .i (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. 10 - RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND DEVELOPMENT AND FINAL STAGE PUD FOR CLEMMER SECOND ADDITION WHEREAS, the owner of the property described as CLEMMER SECOND ADDITION has requested preliminary and final plat and development and final stage PUD approval; and WHEREAS, the preliminary and final plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; and WHEREAS, the preliminary and final plat and development and final stage PUD is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. The CLEMMER SECOND ADDITION preliminary and final plat and development and final stage PUD is approved subject to the developer becoming fee owner of the property and the execution of the development contract and planned unit development agreement and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract and planned unit development agreement 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 19th day of January, 2010 CITY OF LAKEVILLE Holy Dahl, 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 19th day of January, 2010 as shown by the minutes of said meeting in my possession. Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 Charlene Friedges City Clerk (SEAL) Y CITY OF LAKEVILLE RESOLUTION NO. RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published-41otice, to consider the following described public drainage and utility easement vacations; and WHEREAS, the City Council has determined that it is in the public interest to vacate said public drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public drainage and utility easements are hereby vacated: All public drainage and utility easements within Clemmer First Addition. 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 19"' day of January, 2010. ATTEST: AN Charlene Friedges, City Clerk 1 CITY OF LAKEVILLE BY: Holly Dahl, Mayor 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 19"' day of January, 2010, as shown by the minutes of said meeting in my possession. Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 Charlene Friedges City Clerk Seal ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 674 BEING THE ZONING ORDINANCE OF THE CITY OF LAKEVILLE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Ordinance No. 674 is hereby amended to rezone the following described property located within the City of Lakeville, Dakota County, Minnesota from I-1, Limited Industrial District to PUD, Planned Unit Development District: The most easterly 236.00 feet of Outlot A, FIRST PARK LAKEVILLE. Section 2. The zoning map of the City of Lakeville shall not be republished to show the aforesaid rezoning, but the City Clerk shall appropriately mark the zoning map on file in the City Clerk's office for the purpose of indicating the rezoning, hereinabove shown thereon are hereby incorporated by reference and made a part of this Ordinance. Section 3. This ordinance shall be effecting upon its passage, publication, and the recording of the Clemmer Second Addition final plat. Adopted by the Lakeville City Council this 19th day of January, 2010. CITY OF LAKEVILLE M ATTEST: Charlene Friedges, City Clerk Holly Dahl, Mayor CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION REZONING On December 17, 2009, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of DMAC Real Estate, LLC to rezone 3.4 acres of land from I-1, Limited Industrial District, to PUD, Planned Unit Development District in conjunction with the Clemmer Second Addition preliminary and final plat. The Planning Commission conducted a public hearing on the proposed rezoning preceded by published and mailed notice and has made a recommendation to the City Council. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is currently zoned I-1, Limited Industrial District. 2. The property is located in Planning District 8 of the 2008 Comprehensive Plan Update. 3. The legal description of the property to be rezoned is: The most 236.00 feet of Outlot A, FIRST PARK LAKEVILLE, Dakota County, Minnesota, according to the recorded plat thereof. 4. Section 11-3-3E of the Zoning Ordinance directs the Planning Commission to consider five (5) effects of the proposed rezoning. The five (5) effects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed rezoning is consistent with District 8 recommendations contained in the 2008 Comprehensive Plan. b) The proposed use is or will be compatible with present and future land uses in the area. The proposed industrial lot in Clemmer Second Addition will be compatible with the existing industrial properties and zoning in the surrounding area. c) The proposed use conforms with all performance standards contained within the Zoning Ordinance and the City Code. The proposed development of Clemmer Second Addition conforms to Zoning Ordinance and City Code requirements subject to compliance with the stipulations listed in the December 11, 2009 planning report. d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed development of Clemmer Second Addition can be accommodated with existing and proposed public services and will not overburden the City's service capacity. f) Traffic generation by the proposed use is within the capabilities of streets serving the property. Tralfc generated by the Clemmer Second Addition development can be handled by the existing and proposed streets serving the subject properly. 5. The planning report dated December 11, 2009 and prepared by Associate Planner Frank Dempsey is incorporated herein. Dated: January 19, 2010 2 CITY OF LAKEVILLE AA Holly Dahl, Mayor Charlene Friedges, City Clerk S t (reserved for recording information) DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) CLEMMER SECOND ADDITION AGREEMENT dated , 2010, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), and DMAC REAL ESTATE MANAGEMENT COMPANY, LLC, a Minnesota limited liability company (the "Developer"). 1. REQUEST FOR PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The Developer has asked the City to approve a plat and planned unit development for CLEMMER SECOND ADDITION (referred to in this Contract as the "plat"). The land is legally described as: Lot 1, Block 1, Clemmer First Addition, according to the recorded plat thereof and situate in Dakota County, Minnesota And also: The most easterly 236.00 feet of Outlot A, FIRST PARK LAKEVILLE, Dakota County, Minnesota 2. CONDITIONS OF PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The City hereby approves the plat and planned unit development on condition that the Developer enter into 149108v03 1 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, and 3) the plat has been filed with the Dakota County Recorder's Office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges, sanitary sewer charges, and storm sewer charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, 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. 149108v03 2 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) 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 and B, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. 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, and Landscape Plan Plan C - Master Site Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Site Grading, Stormwater Treatment/infiltration Basins, and Erosion Control B. Setting of Iron Monuments C. Surveying and Staking 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 149108v03 3 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his 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. 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 improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to the following, if applicable: • Dakota County for County Road Access and Work in County Rights -of -Way • MnDot for State Highway Access • Minnesota Department of Health for Watermains • NPDES Permit for Stormwater Connections • MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal • DNR for Dewatering • City of Lakeville for Building Permits • MCES for Sanitary Sewer Connections • 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 149108v03 4 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) 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 improvements by November 30, 2010. 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 excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary 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 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. 149108v03 S LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) 15. GRADING PLAN. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan "B". The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves building permits, the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all storm water treatment basins, swales, and ditches 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 basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations and building pads, and all other items listed in City Code Section 10-3-5.NN. The City will withhold issuance of 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 lots with building footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer I and his engineer on status or problems regarding the project, coordination for final inspection and 14910803 fi LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City's in-house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be seven percent (7%) of the estimated construction cost. 19. CLAIMS. In the event that the City receives claims from labor, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. 20. TRUNK STORM SEWER AREA CHARGE. The trunk storm sewer area charge was previously assessed to the portion of the parent parcel of Clemmer Second Addition described as Lot 1, Block 1, Clemmer First Addition. That assessment has been paid. The trunk storm sewer area charge has not been collected on the remaining portion of the parent parcel described as "Parcel B" of Outlot A, First Park Lakeville. The trunk storm sewer area charge is calculated as follows: 476,868 s.f. - 328,856 s.f. x $0.235/s.f. _ $34,782.82 Area of Clemmer Less Area of Lot 1, Block 1, Area Charge Total Second Addition Clemmer First Addition The $34,782.82 trunk storm sewer area charge described above must be paid in cash at the time of final plat approval. 149108v03 7 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) 21. SANITARY SEWER AVAILABILITY CHARGE. The sanitary sewer area charge was previously collected on the portion of the parent parcel of Clemmer Second Addition described as Lot 1, Block 1, Clemmer First Addition. The sanitary sewer availability charge has not been collected on the remaining portion of the parent parcel described as "Parcel B" of Outlot A, First Park Lakeville, and shall be paid with the building permit if and when the property develops and requires a public sanitary sewer connection. The sanitary sewer availability charge will be based on the rate in effect at the time the building permit is issued and shall be calculated when the MCES Sac Units have been determined. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading and parking lot construction will be from the existing driveway along 215th Street. 23. PARK DEDICATION, TRAILS AND SIDEWALKS. The park dedication requirement for Clemmer Second Addition will be satisfied through a cash contribution at the time of final plat approval. A portion of the park dedication requirement (Lot 1, Block 1, Clemmer First Addition) was previously satisfied through a cash contribution. The park dedication fee is calculated as follows: 10.95 acres - 7.55 acres x $4,558.00/acre = $15,497.20 Area of Clemmer Less Area of Lot 1, Block 1, Park Dedication Total Second Addition Clemmer First Addition Fee Rate Development of Clemmer Second Addition does not require any public sidewalk or trail construction. The $15,497.20 park dedication fee described above must be paid in cash at the time of final plat approval. 24. LANDSCAPING. Future landscaping shall be installed and maintained according to the approved grading plan prepared by Jacobson Engineers and Surveyors. The plan identifies the future planting of 11 overstory deciduous trees along the west boundary of the plat adjacent to the future Humboldt Road. The proposed 2.5 inch caliper overstory trees must be planted a minimum of 40 feet apart and must be listed as approved species of tree in the City Zoning Ordinance. The landscaping will be installed in accordance with the approved grading plan at the time Humboldt Road is constructed. The Developer shall post a $3,575.00 cash escrow at the time of final plat approval to guarantee the landscaping is installed at theltime Humboldt Road is constructed. 14910803 8 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) 25. TREE PRESERVATION. The approved plans identify 26 significant trees within the plat. The trees are located outside of construction limits, along the southeast property line, and will be saved. 26. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the December 11, 2009, Engineering report. B. Development of the site shall be in conformance with the preliminary and final plat plans approved by the City Council. C. The stipulations outlined in the Airlake Development Fifth Addition and the Clemmer First Addition Development Contracts and Planned Unit Development Agreements, as amended, shall remain in full force and effect, including but not limited to removal of the Humboldt Road encroachment, removal of the 215th Street access, and establishing a minimum 10 foot setback for the parking areas and drive aisles from the Humboldt Road right-of-way. The pavement encroachment in the Humboldt Road right-of-way must be removed so as not to interfere with the future construction of Humboldt Road. D. The encroachment of pavement and other improvements not allowed under the Clemmer First Addition preliminary and final plat shall be removed from the south property line adjacent to the Metropolitan Airports Commission property no later than November 30, 2010 and a five foot parking lot setback shall be maintained. The Developer shall post a $3,500.00 security to guarantee the removal of the encroachment. The Developer must contact the Metropolitan Airports Commission to obtain right -of - entry prior to performing the work. E. Outdoor storage shall be limited to garbage trucks, and garbage and recycling containers accessory to the principal use. F. No outdoor storage shall occur in required parking or loading spaces. G. No waste shall be stored or processed on the property. 149108v03 9 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) H. A temporary drainage and utility easement must be dedicated across the existing public utilities located within "Parcel A" of Outlot A, First Park Lakeville. Before the City signs the final plat, the Developer shall obtain the fully executed easement from First Industrial Realty Trust and grant it to the City. I. If or when the public road connection to the Metropolitan Airports Commission property is constructed, the accessory outdoor storage use south of the road must cease. J. The public road connection within the drainage, utility and roadway easement identified on the Clemmer Second Addition plat will be constructed and funded by the Metropolitan Airports Commission (or subsequent owner) if and when the Metropolitan Airports Commission property develops, or by the Developer if the Developer (or subsequent owner) subdivides "Parcel B" of Outlot A, First Park Lakeville into a separate lot. If the Developer (or subsequent owner) proposes to construct a private driveway within the public drainage, utility and roadway easement in the future, the property owner must enter into a separate encroachment agreement with the City addressing the construction, maintenance and removal of the driveway if or when the road connection to the Metropolitan Airports Commission property is constructed. K. Prior to City Council approval of the final plat, the Developer shall fumish 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 lot at $100.00 per lot. 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 aggregate -surfaced storage area construction. In addition, the certificate of survey must also include a certification that all irons for the lot have either been found or set prior to the issuance of a building permit for the lot. L. The Developerl shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is calculated as follows: 149108v03 10 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) 1 lot/outlot x $75.00 per lot/outlot = $75.00 Lots and Outlots City Base Map Updating Rate Total M. 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 agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all improvements, and construction of all improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto, from a bank ("security") for $8,842.50, plus a cash fee of $135.00 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Site Grading, Erosion Control, Restoration and Grading Certification $ 4,500.00 CONSTRUCTION SUB -TOTAL $ 4,500.00 OTHER COSTS: Developer's Design (6.0%) $ 270.00 Developer's Construction Survey (2.5%) 112.50 City Legal Expenses (Est. 0.5%) 22.50 City Construction Observation (Est. 7.0%) 315.00 Developer's Record Drawings (0.5%) 22.50 Remove Bituminous Encroachment 3,500.00 Lot Corners/Iron Monuments 100.00 OTHER COSTS SUB -TOTAL $ 4,342.50 TOTAL PROJECT SECURITIES: $ 8,842.50 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, without notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the 149108v03 11 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) rl required term. If the required improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. 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 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 at the time of final plat approval: Park Dedication $ 15,497.20 Trunk Storm Sewer Area Charge 34,782.82 Future Landscaping Along Humboldt Road 3,575.00 City Base Map Updating Fee 75.00 City Engineering Administration (3%) 135.00 TOTAL CASH REQUIREMENTS $ 54,065.02 29. 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 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 incuf red resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents 149108v03 12 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 30. 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. 31. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, I�including but not limited to: subdivision ordinances, 149108v03 13 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except one model home on a lot 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 improvements, the Developer assumes all liability and costs resulting in delays in completion of improvements and damage to 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 149108v03 14 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) 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. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. 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, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient 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 City 149108v03 15 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) f Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or 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. 32. 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: 21338 Dodd Boulevard, Lakeville, Minnesota 55044. 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.] 149108v03 16 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) CITY OF LAKEVILLE BY: (SEAL) &RUB STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) Holly Dahl, Mayor Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2 , by Holly Dahl 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 14910803 17 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) DEVELOPER: DMAC REAL ESTATE MANAGEMENT COMPANY, LLC Its STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) t� The foregoing instrument was acknowledged before me this i day of JA—A . , 2 o 10 , by M:A 4 n cko'w,—eT the \'a it n. of DMAC Real Estate Management Company, LLC, a Minnesota limited liability company, on behalf of the company. NOTARY PUBLIC �a BRETT A AidIvERSON s Nq Cumi.a ni Exp n Jan. 3t. 2013 c 1i P. A0% N'.MN."' ..'sr��l^aVN���V11HN11VVNWdV��• DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 RNK:sm 149108v03 18 LKVL:CLEMMER SECOND ADDITION SRN:r01/08/2010 (DMAC Real Estate Management Company, LLC) MORTGAGE CONSENT TO DEVELOPMENT CONTRACT NEW MARKET BANK, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. �H Dated this // day of , 2d,1/ . NEV BY: ANC Its STATE OF MINNESOTA ) ( ss. COUNTY OF The foregoing instrument was acknowledged before me this /� day of , 2piy , by /%� and by the Sc�iaiT and of New Market Bank, on behalf of the bank. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651)452-5000 RNK:sm 14910803 SRN:r01 /08/2010 PP F, T AU�t► I'll 'AJ pp - - I■� WNCY'0N"TH=1ALYNN KEPPERS OWY P1 blilc4 1M1NOtt .111151.=4 J 20 LKVL:CLEMMER SECOND ADDITION (DMAC Real Estate Management Company, LLC) Satisfaction of Mortgage Date January 8 2010 THAT CERTAIN MORTGAGE owned by the undersigned, a banking corporation under the laws of the State of Minnesota, dated August 7, 2002 , executed by Richard J. Clemmer and Mary Ann Clemmer as Mortgagor, to PREMIER BANK MINNESOTA, successor in interest to Premier Bank Metro South, as a result of an amendment to the Articles of Incorporation, as Mortgagee, and filed for record August 7 , 2002 as Document Number 1923895.7 , in the Office of the County Recorder of Dakota County, Minnesota, is, with the indebtedness thereby secured, fully paid and satisfied. Its—' Assistant Vice President STATE OF MINNESOTA COUNTY Hennepin } ss. The foregoing instrument was acknowledged before me this 8th day of January , 2010 . By Jeffrey D. Hatton and Wanda M. Moen the Chief Operating Officer and Assistant Vice President of Premier Bank Minnesota, successor in interest to Premier Bank Metro South, as a result of an amendment to the Articles of Incorporation, a banking corporation, under the laws of the State of Minnesota, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY Premier Bank Minnesota 500 West 98th Street Bloomington, MN 55420 SIGNATURE bF PERSON TAKING ACKNOWLEi GMENT NOTARIAL STAMP OR SEAL GRET=January3l '' : ` N My Commission Exp (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR PUBLIC ROADWAY PURPOSES DMAC REAL ESTATE MANAGEMENT COMPANY, LLC, a Minnesota limited liability company, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public roadway purposes over, across, on, and through land situated within the County of Dakota, State of Minnesota, as described on the attached Exhibit "A". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public roadway systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain, pave, and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway systems. 149547v01 1 LKVL:CLEMMER SECOND ADDITION SRN:01/12/2010 (93' Road Easmt Over Outlot A, First Park Lakeville) EXHIBIT "A" to GRANT OF PERMANENT EASEMENT EASEMENT DESCRIPTION Public Roadway Easement: A 93.00 foot wide public roadway easement over, under, and across that part of Outlot A, First Park Lakeville, according to the recorded plat thereof, Dakota County, Minnesota. Said easement lying northerly and easterly of the following described line: Beginning on the east line of said Outlot A, distant 93.00 feet southerly of the south line of Lot 1, Block 1, Clemmer First Addition, according to the recorded plat thereof, Dakota County, Minnesota; thence westerly to a point that intersects the southerly extension of the west line of Humboldt Road, as shown on plat of First Park Lakeville, and distant 93.00 feet from the south line of said Humboldt Road; thence northerly, along said southerly extension, a distance of 93.00 feet to the southerly line of said Humboldt Road and said line there terminating. [ABSTRACT PROPERTY] 149547v01 3 LKVL:CLEMMER SECOND ADDITION SRN:01/12/2010 (93' Road Easmt Over Outlot A, First Park Lakeville) d The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. e� IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this I day of 2010. GRANTOR: DMAC REAL ESTATE MANAGEMENT COMPANY, LLC Its STATE OF MINNESOTA ) (SS. COUNTY OF Seo Z' ) The foregoing instrument was acknowledged before me this J H 4� day of , 2010, by M rv5 A1411 Q k ;" v— the V\ t,z 7 6'N of DMAC Real Estate Management Company, LLC, a Minnesota limited liability company, on behalf of the company. THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 SRN:ms 149547v01 SRN:01 /12/2010 � J� 1, '_� NOTARY PUBLIC �vasc+♦• .HVWVWwar�. 3RE7 A ANDERSON Kr,APY P'XLIC-MINNESOTA ;l ,a Ly CrTmi assion Expires Jan. 31, 2013 �, tie. S 2 LKVL:CLEMMER SECOND ADDITION (93' Road Easmt Over Outlot A, First Park Lakeville) MORTGAGE CONSENT TO EASEMENT NEW MARKET BANK, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to and subjects its interest in the property subject to the foregoing Grant of Permanent Easement. NEW MARKET BANK n -V 001 STATE OF MINNESOTA `I ) SS. COUNTY OF Tb ) The foregoing instrument was acknowledged before me this %e-1 day of 2010, by 42�Lyl4c and by the and of New Market Bank, on its behalf. THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 SRN:ms JW�C:YMIALYNN KEPPERS biio-Minnesota 6XpInx Jon S7, 2014 149547v01 5 LKVL:CLEMMER SECOND ADDITION SRN:01/12/2010 (93' Road Easmt Over Outlot A, First Park Lakeville) Satisfaction of Mortgage Date January 8 12010 THAT CERTAIN MORTGAGE owned by the undersigned, a banking corporation under the laws of the State of Minnesota, dated Auqust 7, 2002 , executed by _Richard J. Clemmer and Mary Ann Clemmer as Mortgagor, to PREMIER BANK MINNESOTA, successor in interest to Premier Bank Metro South, as a result of an amendment to the Articles of Incorporation, as Mortgagee, and filed for record August 7 , 2002 as Document Number 1923895.7 , in the Office of the County Recorder of Dakota County, Minnesota, is, with the indebtedness thereby secured, fully paid and satisfied. X--1 Its Assistant Vice President STATE OF MINNESOTA COUNTY Hennepin } ss. The foregoing instrument was acknowledged before me this 8th day of January , 2010 . By Jeffrey D. Hatton and Wanda M. Moen the Chief Operating Officer and Assistant Vice President of Premier Bank Minnesota, successor in interest to Premier Bank Metro South, as a result of an amendment to the Articles of Incorporation, a banking corporation, under the laws of the State of Minnesota, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY Premier Bank Minnesota 500 West 98th Street Bloomington, MN 55420 SIGNATURE bF PERSON TAKING ACKNOWLEbGMENT NOTARIAL STAMP OR SEAL GRETCHEN A. BERG Notary Public Minnesota My ommission Expires January 31, 2012 (reserved for recording information) GRANT OF TEMPORARY BLANKET EASEMENT FOR DRAINAGE AND UTILITY PURPOSES FR/CAL INTERSTATE SOUTH, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, a temporary easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Dakota, State of Minnesota, and legally described as follows: That part of Out/ot A, First Park Lakeville, Dakota County, Minnesota, according to the recorded plat thereof, lying westerly of the most easterly 236.00 feet of said Outlot A. TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon execution of this easement and expiring when the property subject to this easement is in whole or part final platted into lots and blocks, together with the right of ingress to and egress from the property, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns; it being the intention of the parties hereto that the Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described temporary easement premises, subject only to the right of the City to use the same for the purposes herein expressed. It is understood by the Grantor that the City shall not be responsible for any restoration or replacement costs or damages resulting from the construction and maintenance of the easement premises. It is further understood that vegetation will be removed and that excavation will occur on the easement premises. 149186v01 1 LKVL:Clemmer Second Addition SRN:12/15/2009 The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. [signature page follows] 149186v01 2 LKVL:Clemmer Second Addition SRN:12/15/2009 IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this day of , 20 GRANTOR: FR/CAL INTERSTATE SOUTH, LLC By: FirstCal Industrial, LLC, a Delaware limited liability company, its sole member By: FR FirstCal, LLC, a Delaware limited liability company, its manager partner By: First Industrial Investment, Inc., a Maryland corporation, its sole member BY: Its STATE OF MINNESOTA ) ) ss. COUNTY OFLIAM- ) THIS IS TO CERTIFY that on this 1-1 day of 2010, before me, the undersigned, a notary public in and for the state of t} , duly commissioned and sworn, personally appeared')I &SL �I !IzOil to me known to be thetD►yAy—of First Industrial Investment, Inc., a Maryland corporation„ by FirstCal Industrial, LLC, a Delaware limited liability company, the sole member of FR FirstCal, LLC, a Delaware limited liability company, the managing member of FR/CAL Interstate South, LLC, on behalf of the said corporation, the entity that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said entity for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. ---------------------------------- CHRISTINE HIADKY (NARY PUBUC — MINNESOTA SCOTT COUNTY My CommIuIon Emlres Jon. b1, 2010 DRAFTED BY: 14918601 3 LKVL:Clemmer Second Addition SRN: 12/1512009 Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:ms 14918601 LKVL:Clemmer Second Addition SRN: 12/15/2009 Planning Commission Meeting December 17, 2009 OR"'AFT Page 4 ==> ITEM 6. CLEMMER SECOND ADDITION Chair Davis opened the Public Hearing to consider the application of Richard and Mary Ann Clemmer for the following, located at 8984 - 215f Street (CSAH 70): A. Preliminary and Final Plat of one lot to be known as Clemmer Second Addition; B. Vacation of drainage and utility easements; C. Rezoning of approximately 3.4 acres of land from I-1, Limited Industrial District to PUD, Planned Unit Development District; and D. Development and Final Stage Planned Unit Development for Clemmer Second Addition. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Brett Anderson, an employee of Dick's Sanitation, presented an overview of the request. The Clemmers are proposing to purchase and incorporate 3.4 acres of property from Outlot A of the First Industrial plat into Clemmer Second Addition in order to expand the operations site of Dick's Sanitation. The property is located south of County Road 70, east of Dodd Blvd. and west of Holyoke Avenue. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that a cash escrow was previously submitted for the future construction of Humboldt Road. At the time that First Park Lakeville to the west develops and Humboldt Road is built, the existing driveway on CSAH 70 will be removed. The property is located within State Safety Zone B of the Runway Protection Zone (RPZ) of Airlake Airport. The proposed site to building area ratio is 11:1 which is within the State guidelines. Planning Department staff recommends approval of the preliminary and final plat, easement vacations, Rezoning, and Development and Final Stage Planned Unit Development, subject to the 13 stipulations listed in the December 11, 2009 planning report. Chair Davis opened the hearing to the public for comment. Ben Saxton, 17881 Impala Path, asked why the Airport designates Safety Zones. Mr. Dempsey stated that Safety Zones are established to restrict areas on either side of airports to low intensity uses for minimal impact in the event of an emergency involving an airplane. 09.52 Motion was made and seconded to close the public hearing at 7:15 p.m. Ayes: Davis, Glad, Grenz, Drotning, Adler, Lillehei. Nays: 0 Planning Commission Meeting December 17, 2009 Page 5 Chair Davis asked for comments from the Planning Commission. There was no discussion. 09.53 Motion was made and seconded to recommend to City Council approval of the Clemmer Second Addition preliminary and final plat, vacation, rezoning, and development and final stage Planned Unit Development, subject to the following stipulations: 1. Implementation of the recommendations listed in the December 11, 2009 engineering report. 2. The development of the site shall be in conformance with the preliminary and final plat plans approved by the City Council. 3. Future landscaping along Humboldt Road shall be installed and maintained according to the grading plan prepared by Jacobson Engineers and Surveyors. A $3,575 cash escrow shall be submitted to guarantee installation of the trees shown on the grading plan. 4. The encroachments of pavement and any other improvements not allowed under the Clemmer First Addition preliminary and final plat shall be removed from the south property line adjacent to the Metropolitan Airports Commission (MAC) property no later than November 30, 2010. A $3,500 security shall be submitted to guarantee the removal of the encroachments. 5. Outdoor storage shall be limited to garbage trucks, and garbage and recycling containers accessory to the principal use. 6. No outdoor storage shall occur in required parking or loading spaces. 7. No waste shall be stored or processed on the property. 8. A temporary drainage and utility easement shall be dedicated over Outlot A, First Park Lakeville. 9. A setback of not less than 10 feet shall be permitted between the parking lot and drive aisle adjacent to the Humboldt Road right-of-way. 10. The pavement encroachment within the Humboldt Road right-of-way must be removed when Humboldt Road is constructed. 11. If or when the road access to the Metropolitan Airports Commission property is constructed, the accessory outdoor storage use south of the road must cease. 12. If Dick's Sanitation proposes a driveway at the location of the possible future road access to the Metropolitan Airports Commission property, then Dick's Sanitation must enter into an encroachment agreement with the City addressing the construction, maintenance and removal of the driveway if or when Humboldt Road is constructed. Planning Commission Meeting DRAFTDecember 17, 2009 Page 6 13. The stipulations outlined in the Airlake Development Fifth Addition and Clemmer First Addition Development Contracts and Planned Unit Development Agreements, as amended, shall remain in full force. Ayes: Glad, Grenz, Drotning, Adler, Lillehei, Davis. Nays: 0 ITEM 8. STAFF NOTICES Staff is proposing to combine a future regularly scheduled Planning Commission meeting with a work session. Staff suggested cancelling the January 7th regular meeting to allow additional time for the preparation of updates to the zoning map and subdivision ordinance. Commissioners agreed to cancel the January 7th meeting. The regular meeting on January 21St will be followed immediately by a work session. There being no further business, the meeting was adjourned at 7:20 p.m. Respectfully submitted, Judi Hawkins, Recording Secretary Dated ATTEST: Bart Davis, Chair Dated CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE Meeting Minutes for December 16, 2009 ITEM 1 Call to order Meeting was called to order in City Hall Council Chambers at 6 p.m. ITEM 2 Roll call of members Present: Judy Hayes, Bob Boerschel, Scott Kelly, Howard Lovelace, Jeanne Peterson, Pat Messinger Absent: Tom Goodwin Staff Present: Parks & Recreation Director Steve Michaud, Environmental Resources Manager Mac Cafferty, Recording Secretary Patty Ruedy ITEM 3 Approval of the December 2, 2009 meeting minutes The December 2, 2009 Parks, Recreation & Natural Resources Committee meeting minutes were approved as presented. ITEM 4 Introduction of Jack Evans, Lakeville resident and member of the Dakota County Parks & Recreation Advisory Committee Mr. Evans introduced himself and offered to collaborate or provide input on future projects with the City of Lakeville. This may include, but not limited to, the greenway system, City parks, revenue generation and the utilization of volunteers. ITEM 5 Citizen comments There were no citizens present. ITEM 6 Staff report Staff referred to report in committee packet. Rinks will be open on December 19. �. ITEM 7 Clemmer Second Addition preliminary and final plat DMAC Real Estate Management Company, LLC has submitted a preliminary and final plat located in the industrial park south of, and adjacent to, 215th Street and County Road 70. The preliminary and final plat consists of one lot on 10.95 acres. Review of this park planning district reveals no park land identified in this area. A park dedication fee will be required at the commercial rate. Because portions of this property are being combined, and having previously paid park dedication fees, approximately 3.40 acres will be required to pay the appropriate fee; calculated as follows: 3.40 x $4,558 = $15,497. (09.16) Motion made by Messinger, seconded by Kelly to recommend City Council consider approval of Clemmer Second Addition preliminary and final plat including a park dedication fee in the amount of $15,497.20 (3.40 acres x $4,558.00). Finally, the developer is required to follow other recommendations outlined in the Planning and Engineering reports as they pertain to this plat. The developer is also required to follow the natural resources requirement detailed in the Planning and Engineering reports associated with tree preservation, grading, drainage, and erosion control and further recommendations by the Dakota County Soil and Water Conservation District, if applicable. Ayes -6 Nays -0 Motion passed. Parks, Recreation & Natural Resources Committee Meeting Minutes, December 16, 2009 Page 2 ITEM 8 Discussion on City of Lakeville leash law in parks Committee discussed current leash laws in Lakeville. Messinger stated she thinks that off -leash dogs in Lakeville are a major problem and the current Lakeville ordinance is inconsistent. She thinks enforcement would be much easier if there was a rule requiring a 6' leash at all times and that we should protect parks, people and wildlife. Other issues mentioned include dogs at sporting events around children who may be scared and the issues of falling into dog waste on the field, the clean-up of parks by maintenance staff, and dogs crossing into roadways without a leash. How do dogs become a Canine Good Citizen and who enforces? Is there adequate signage at parks? What about other animals that may be dangerous, like cats? Peterson and Lovelace relayed issues regarding 25' leashes instead of 6' leashes, specifically the dog being more difficult to control and safety issues around children. Peterson stated she has lived in an area where dogs were not allowed in parks at all. Since the committee visited this issue 10 years ago, there have been a number of dog parks built in the area. Steve Michaud stated that we may consider adding rules or restrictions, but that we are not guaranteed enforcement due to other priorities in the Police Department. He also stated that the problem areas in Lakeville include Ritter Farm Park, North Park and Juno Trail. Plans for a dog park near the entrance of Ritter Farm Park are not possible at this time due to budget constraints and maintenance issues. Michaud will follow up: • Talk to Mr. Libby, a Lakeville resident, who would be a good resource to discuss this issue. • Speak to Three Rivers Park District about problems they've had, if any. • Invite the Lakeville Animal Control Officer to our next meeting. Discuss whether a new ordinance would make enforcement easier or put the officers at a disadvantage. Is the current law too difficult to enforce? • Perhaps conduct a marketing campaign and educate residents on existing rules and associated issues. ITEM 9 Nomination and election of officers for 2010 (09.17) Motion by Lovelace, seconded by Peterson to nominate Scott Kelly as Chair, Judy Hayes as Vice -Chair, and Pat Messinger as Secretary of the Parks, Recreation & Natural Resources Committee for 2010. Ayes -6 Nays -0 Motion passed. ITEM 10 Unfinished business There were no items to discuss. ITEM 11 New business There were no items to discuss. ITEM 12 Announcements Next Parks, Recreation & Natural Resources Committee meeting, January 6, 2010 ITEM 13 Adjourn Meeting adjourned at 6:45 p.m. Respectfully submitted, ATTEST: Patty Ruedy, Recording Secretary Judy Hayes, Secretary Memorandum To Planning Commission From: Frank Dempsey, Associate Planner -� Copy: Brett Anderson, Lakeville Sanitation Jim Schlundt, First Industrial Realty Trust Date: December 11, 2009 City of Lakeville Planning Department Subject: Packet Material for the December 17, 2009 Planning Commission Meeting Application Action Deadline: January 4, 2010 Agenda Item: Request of DMAC Real Estate, LLC, for the following: 1. Preliminary and final plat of one tot known as Clemmer Second Addition; 2. Vacation of drainage and utility easements; 3. Rezoning of approximately 3.4 acres of land from I-1, Limited Industrial District to PUD, Planned Unit Development District; 4. Development and Final Stage Planned Unit Development for Clemmer Second Addition. DMAC Real Estate, LLC (a/k/a Dick's Sanitation, Inc.) representatives have submitted applications and plans for a 3.4 acre expansion of the Clemmer First Addition property located at 8984 — 215"' Street (CSAR 70). Dick's Sanitation is a local waste collection service provider that employing nearly 100 people. Dick's Sanitation has operated in Lakeville since 1966. INTRODUCTION Dick's Sanitation is proposing to acquire 3.4 acres of property from Outlot A, First Park Lakeville located to the south and west of the existing Clemmer First Addition property, will be administratively subdivided from Outlot A, First Park Lakeville and incorporated into the preliminary and final plat as Clemmer Second Addition. The total area of the Clemmer Second Addition property is 10.95 acres. The preliminary and final plat plans have been submitted to the Engineering Department ,the Parks and Recreation Department, the Parks, Recreation and Natural Resources Committee and the Dakota County Plat Commission. EXHIBITS The following exhibits are attached for your information: A. Location and Zoning Map B. Survey and Administrative Subdivision Plan C. Preliminary Plat Plan D. Final Plat E. Grading and Drainage Plan F. Easement Vacation Sketch G. Master Site Plan H. Airlake Airport Current and Future RPZ Flight Zone Maps (2 Pages) I. Dakota County Plat Commission Letter, dated November 24, 2009 Full sized copies of the Clemmer Second Addition preliminary and final plat plans are included for your review. STAFF ANALYSIS PRELIMINARY AND FINAL PLAT Dick's Sanitation is proposing to expand their outdoor storage area in the location south of the existing storage building. There are no new buildings proposed with the Clemmer Second Addition plans. Outdoor storage will continue to be an accessory use on the property, including on the proposed 3.4 acres of property being incorporated as part of the rezoning and PUD amendment. The additional 3.4 acre property will allow for the storage of materials associated with the operation of the Dick's Sanitation business and will include commercial roll -off containers and vehicles. There will be no waste stored on the property. The Dick's Sanitation site includes three buildings used for office, warehousing and an independent auto repair (major) business in the building on the northwest corner of the site which was approved by PUD amendment in 2006. The I-1 District will be the underlying zoning of the 3.4 acres being incorporated into the PUD. Site Development History. The following is a timeline of past improvements to the Dick's Sanitation site: 2 1974: The first office building is constructed located closest to the north property line. 1975: Dakota County completes acquisition of additional right-of-way along the south right-of-way line of CSAH 70 between Cedar Avenue (CSAR 23) and Interstate 35. The existing office building becomes non- conforming in its setback from CSAH 70. 1990: Administrative subdivision approved to allow an increase in the parcel size. 1991: Conditional use permit approved for the construction of a 2,800 square foot office addition building onto the existing non -conforming office building and 1,008 square foot storage garage. 1995: Conditional use permit amendment approved for a new 1,008 square foot garage and future garage addition. 1997: Building permit issued to allow second phase 5,280 square foot truck garage addition approved under the 1995 conditional use permit amendment. 2001: Airlake Development Fifth Addition preliminary and final plat and rezoning to PUD approved to allow more than one principal building with the construction of a new office building. 2004: PUD amendment, rezoning, easement vacation and preliminary and final plat of Clemmer First Addition to allow construction of a storage building expansion for curb -side recycling containers and to allow a one acre expansion of the property to the east. 2006: Planned Unit Development amendment to allow a major auto repair business to operate within the building on the northwest portion of the property. Zoning and Adjacent Land Uses. The 3.4 acre property to be incorporated into the Clemmer PUD is currently zoned I-1, Limited Industrial District consistent with the underlying zoning of the overall Clemmer PUD. The proposed preliminary and final plat is surrounded by the following existing or planned land uses: Direction Existing Use Land Use Plan Zoning North 215th Street (CSAR 70) Right -of -Way RS -3 District north of 215th Street South Metropolitan Airports Airport I-2, General Commission MAC roe Industrial District East Drywall Supply/Boise Warehouse/Light Industrial I-1, Limited Industrial District West Undeveloped First Park Warehouse/Light Industrial I-1, Limited Lakeville Outlot A Industrial District 3 Comprehensive Land Use Plan. The proposed rezoning and industrial land use is consistent with the 2008 Comprehensive Land Use Plan. The PUD zoning will retain the underlying I-1 District zoning and Industrial designation shown on the Comprehensive Land Use Plan. Consistency with the Capital Improvement Plan (CIP). The 2008-2012 CIP does not include any programmed public improvements to any streets within or adjacent 'to Clemmer Second addition. All future improvements to Humboldt Road or the future road to the MAC property will be privately funded by the developer. Lots/Blocks. The Clemmer Second Addition preliminary and final plat consists of one lot on one block. The following minimum I-1, Limited Industrial District lot requirements pertain to the preliminary and final plat: Lot Area: 1 acre Lot Width: 100 feet The one lot in the preliminary and final plat meets I-1, Limited Industrial District lot area and width requirements as follows: Lot Area: 10.94 acres Lot Width: 819 feet Outlots. There are no outlots associated with the Clemmer Second Addition preliminary and final plat Streets. The Clemmer Second Addition preliminary and final plat abuts 215th Street (CSAH 70) to the north and dedicated half right-of-way of Humboldt Road on the west side of the Clemmer property. 215th Street (CSAH 70) — Clemmer Second Addition is adjacent to the south side of CSAH 70 (215th Street), which is identified as a minor arterial (high density) roadway in the City's Comprehensive Transportation Plan. The 215th Street (CSAH 70) right-of-way for future improvements and restricted access was acquired by a previous underlying plat. 215th Street (CSAH 70) will be a future four -lane divided roadway; however the City and Dakota County do not have a schedule for the future roadway improvements to 215th Street (CSAH 70). Humbo/dtRoad— The underlying final plat of Airlake Development 5th Addition dedicated the east 40 feet of half right-of-way for Humboldt Road. Humboldt Road is identified as a future minor collector in the dity's Comprehensive Transportation Plan. The west 40 feet of right-of-way will be platted when the El adjacent Outlot A, First Park Lakeville to the west develops. A cash escrow for the future construction of Humboldt Road was submitted by Dick's Sanitation with the final plat of Airlake 5th Addition. Roadway Easement to MAC Property —The Dakota County Plat Commission and the Metropolitan Airports Commission recommended that a road access be provided across the Clemmer Second Addition property between the future Humboldt Road and MAC property to the east of Clemmer Second Addition. The County and MAC want to ensure that the east side of the MAC property is not landlocked if future access is needed to the MAC property. A copy of the November 24, 2009 Dakota County Plat Commission letter is attached (see Exhibit J). Clemmer Second Addition proposes a 93 foot wide roadway, drainage and utility easement through the property to accommodate the Dakota County and MAC recommendations as shown on the preliminary and final plat plans. The roadway, drainage and utility easement would also allow future subdivision of the Clemmer property for a new lot on the south side of the easement provided that the road is constructed by the developer at that time. If and when this road is constructed, the access or outdoor storage use south of the road must cease. Access. A future access to Dick's Sanitation from Humboldt Road will be constructed when Humboldt Road is built. The construction of Humboldt Road also will trigger the removal of the existing driveway at 215th Street (CSAR 70) as stipulated in the Airlake Development Fifth Addition and Clemmer First Addition development contracts. Grading, Drainage, Erosion Control and Utilities. The grading, drainage, erosion control and utility plans have been forwarded to Engineering Department staff for review. The December 11, 2009 Engineering Department plan review memorandum prepared by Zachary Johnson, Assistant City Engineer and Mac Cafferty, Environmental Resources Manager is attached. Tree Preservation. There are 26 significant trees identified on the tree preservation plan. One tree is noted as being dead. The other 25 trees will remain as save trees. Most of the trees are located on the shared property line with MAC. Wetlands. There are no wetlands located within the Clemmer Second Addition preliminary and final plat. 5 Parks and Trails. Park Dedication will be required for the area of Parcel B as shown on the administrative subdivision plan. Park dedication was previously paid for the remainder of the Clemmer First Addition property. The park dedication rate for industrial land is $4,558 per acre. This will result in a park dedication fee of $15,497.20 for the 3.4 acre portion of Outlot A, First Park Lakeville to be incorporated into the Clemmer Second Addition final plat. The cash fee will be payable as a condition of the final plat. The Comprehensive Plan shows a future multi-purpose pedestrian trail along the south side of 215th Street (CSAR 70). The trail is not likely to be constructed until 215th Street (CSAH 70) is upgraded in the future. There are no public trails or sidewalks proposed for construction with the Clemmer Second Addition plat. PUD Rezoning/ Development and Final Stage Planned Unit Development. The 3.4 acre portion of Outlot A, First Park Lakeville to be incorporated into the Clemmer Second Addition final plat will be rezoned from I-1 District to PUD District to be consistent with the existing Clemmer First Addition PUD. The underlying zoning of the property will remain I-1 District. The existing PUD zoning and subsequent agreement was created in 2001 to allow the City greater flexibility and control in achieving desirable outcomes in regard to the location of Humboldt Road, future redevelopment of the Dick's Sanitation site, and any future subdivision of the property. MUSA. The proposed Clemmer Second Addition preliminary and final plat is located within the current MUSA. Sanitary sewer currently serves the Clemmer First Addition and can serve future development of the entire Clemmer Second Addition property as well as the remainder of Outlot A, First Park Lakeville. Easement Vacation. The boundary easements proposed to be vacated are shown on Exhibit G. These easements were created with the Clemmer First Addition final plat and will be vacated and re-established with the proposed Clemmer Second Addition final plat. No existing public improvements or private utilities will be affected by the easement vacation. All utility companies with an interest in the vacation have been notified. There has been no opposition expressed to the proposed easement vacation. Administrative Subdivision. The administrative subdivision required to combine the 3.4 acres of property from Outlot A, First Park Lakeville into the Clemmer Second Additional final plat will be approved administratively by City staff following City Council approval of the Clemmer Second Addition Ifinal plat. 1.1 SITE PLAN Existing Non -Conformities. There are three non -conforming conditions identified with the submittal of the Clemmer Second Addition preliminary and final plat plans. The existing metal office building on the northwest corner of the property was constructed in 1974 and does meet current setback requirements. That building is considered legal non -conforming. All buildings will meet setback requirements when Humboldt Road is extended to the south. The bituminous pavement within Humboldt Road right-of-way on the west side of the property must be removed when Humboldt Road is constructed. A security was submitted for the removal of this encroachment with the Airlake Development Fifth Addition plat. The bituminous pavement and electrical outlets along the south boundary of Clemmer First Addition must be removed from the Metropolitan Airports Commission (MAC) property, within the required 5 foot setback and restored with groundcover as a condition of the Clemmer Second Addition preliminary and final plat. Setbacks. The following minimum I-1, Limited Industrial District building setback requirements pertain to the Clemmer Second Addition preliminary and final plat: Front Yard: 50 feet (abutting Humboldt Road) Rear Yard: 30 feet (east property line) Side Yards: 10 feet (interior south lot line) 30 feet abutting 215th Street (CSAR 70) Parking Lot and Driveways: 15 feet from public street and 5 feet from interior lot lines. The existing drive aisle adjacent to Humboldt Road on the west side of the plat will be set back 10 feet as shown on the proposed preliminary plat. While the minimum setback is 15 feet, staff supports the 10 foot setback in order to allow efficient traffic movement on the west side of the building adjacent to the future Humboldt Road. The PUD will allow the 10 foot setback and a driveway aisle width of 60 feet which will be adequate to allow the traffic and turning movements of large vehicles in that area. The 10 foot setback area will be landscaped as shown on the proposed grading plan. Master Site Plan and Future Planned Improvements. A master site plan was approved in 2004 with the Clemmer First Addition PUD Amendment. The master site plan will guide development of the site at the time Humboldt Road is constructed. The master site plan also identifies a possible future addition to the east side of the existing office building and future outdoor storage on the east side of the property (see Exhibit G). y 7 The master site plan identifies future access locations from Humboldt Road to be constructed when Humboldt Road is constructed. The construction of Humboldt Road also will trigger the removal of the existing driveway at 215"' Street (CSAH 70) as stipulated in the Airlake Development Fifth Addition and Clemmer First Addition development contracts. During staff meetings with the applicant as part of the current application review, representatives of Dick's Sanitation acknowledged that the existing fuel pumps may be relocated in the future to accommodate the proposed new driveway onto Humboldt Road and to facilitate internal circulation of vehicles. Accessory Outdoor Storage. All outdoor storage shall be limited to trucks, and garbage and recycling containers accessory to the principal use. This requirement is consistent with previous outdoor storage stipulations approved with the Airlake Development Fifth Addition development contract. Storage Yard Surfacing. The new storage yard will be located on the north one- third of the 3.4 acre property being incorporated into the Clemmer Second Addition final plat (shown as Parcel B on the administrative subdivision plan). The south two- thirds of the new storage yard will be surfaced with crushed aggregate. The north one-third will be paved with bituminous. The storage yard will be used to store large, steel roll -off trash containers. The proposed surfacing is acceptable to control dust as required by the Zoning Ordinance. Landscaping. The grading plan identifies the installation of 11 overstory deciduous trees along the west boundary of the plat adjacent to the future Humboldt Road. The proposed 2.5 inch caliper overstory trees must be planted a minimum of 40 feet apart and must be listed as approved species of tree in the Zoning Ordinance. The landscaping will be installed at the time Humboldt Road is constructed. A $3,575 cash escrow must be submitted to guarantee the landscaping is installed at that future date. The future outdoor storage area on the area shown as Parcel B on the administrative subdivision plan will include a future three foot tall landscaped berm and landscaping. Airlake Airport. The Clemmer Second Addition property is located within State Safety Zone B of the RPZ (Runway Protection Zone) of Airlake Airport. The State of Minnesota Department of Transportation (Mn/DOT) established the RPZ regulations to control the type of development allowed off runway ends in order to prevent incompatible development within those areas. Refer to attached MAC Figures 6-1 and 6-5, which are attached as Exhibit H. Figure 6-1 shows the existing land uses and the existing RPZs and State Zones near the airport. Figure 6-5 shows the planned 2025 RPZs and State Zones. No part of the current N Clemmer Second Addition property is located within State Zone A. The 2025 plan shows an area at the southeast corner of the Dick's Sanitation property in State Zone A and nearly all of the Dick's Sanitation property located in State Zone B. SafetyZone A does not allow any buildings or temporary structures, places or public assembly or transmission lines. Zone A does not allow churches, hospitals, schools, theaters, stadiums, hotels and motels, trailer courts, camp grounds, and other places of public or semipublic assembly and is subject to site -to -building area ratios and site population limits. Permitted uses include agriculture, livestock, cemeteries and auto parking lots. Safety Zone B is in the approach zones of a runway extending outward from Safety Zone A a distance equal to one-third the runway length or the planned runway length. Permitted uses are generally the same as Zone A, plus some low-density developments. Safety Zone B restricts properties to a site development building area ratio of 6:1, a maximum site building area of 72,000 square feet and a maximum site density population of 150 persons. The Clemmer Second Addition is 11 acres (479,160 square feet) in area with an existing or planned building area of approximately 42,000 square feet. The resulting site to building ratio is 11:1, which meets the requirements of State Safety Zone B. Dick's Sanitation currently employs just under 100 people, however, the vast majority of those employees are off site given the nature of the refuse collection business. RECOMMENDATION 1. Implementation of the recommendations listed in the December 11, 2009 engineering report. 2. The development of the site shall be in conformance with the preliminary and final plat plans approved by the City Council. 3. Future landscaping along Humboldt Road shall be installed and maintained according to the grading plan prepared by Jacobson Engineers and Surveyors. A $3,575 cash escrow shall be submitted to guarantee installation of the trees shown on the grading plan. 4. The encroachments of pavement and any other improvements not allowed under the Clemmer First Addition preliminary and final plat shall be removed from the south property line adjacent to the Metropolitan Airports Commission (MAC) property no later tan November 30, 2010. A $3,500 security shall be submitted to guarantee the removal of the encroachments. D 5. Outdoor storage shall be limited to garbage trucks, and garbage and recycling containers accessory to the principal use. 6. No outdoor storage shall occur in required parking or loading spaces. 7. No waste shall be stored or processed on the property. 8. A temporary drainage and utility easement shall be dedicated over Outlot A, First Park Lakeville. 9. A setback of not less than 10 feet shall be permitted between the parking lot and drive aisle adjacent to the Humboldt Road right-of-way. 10. The pavement encroachment within the Humboldt Road right-of-way must be removed when Humboldt Road is constructed. 11. If or when the road access to the Metropolitan Airports Commission property is constructed, the accessory outdoor storage use south of the road must cease. 12. If Dick's Sanitation proposes a driveway at the location of the possible future road access to the Metropolitan Airports Commission property, then Dick's Sanitation must enter into an encroachment agreement with the City addressing the construction, maintenance and removal of the driveway if or when Humboldt Road is constructed. 13. The stipulations outlined in the Airlake Development Fifth Addition and Clemmer First Addition Development Contracts and Planned Unit Development Agreements, as amended, shall remain in full force. 10 1 215th rDod!dBoulevard (CSAH 9) Holyoke Avenue w -REEKSME BUSINESS PARK BROOKSIDE ESTATES FIRST ADDITION rr QTM SAH NOIII T1 S 89-5736' E 156855 so ILt�CK I T(ADDITI OUTLOT A HATINED AREA IS PAVEMENT BE REMOVEDIN IS MIZOIE FIRST PARK LAKEMI IF MLL wEN...—T A IS E. m 1m 4/ BMr3g* W HATCHED AREA IS PAVEMENT THA? .1 RE REM— Is RI c', 1HIs PIIOPFAtt rS- SA,slS£nEl1 IRIS — S, 89-5)lw* E s— SiEs"Es UNE I. P. M7'36* E -w, =P,w, —uc,/o— toRcENCIRt m1c PARCEL s" PARCEL A 31 f LP �T — I, — A. B' FP P, MO vDIE ,Nat W Nw. A. m liks- M.—A, w kATE —w ST:.P.- '.T.1�50%. PL EA pv 68 PME RAM � ST 121.gF 1, RORWAY M� E:R- -t% M—t% —d" ts plat g,c I. 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I-1 _ I I It) UE bn 6mtwNErW1L IIRIIEE Axp sIREET CRaealCnR1 '•,-Y,••- I i I k 11) •IEEa 9Mu E aul® Of Dula Al M Oo OF EMRI wT SAND ISTOCKPILE I 40 FOOT WIDE PUBUC DRAINAGE AND UNUTY EASEMENT Daeexml eaEMDAOin I7) oln•w Cax1ROL aw¢T ([w) w Au 11 sarEi I 9I I I /� e V (t IfA+Ii elRArlrr eAE MrY1. MAIM �La eaD r�r�v�Aa•orz •uE aAe a IN.DDr INx rx NAE w wYR.Am •rRY.¢ ,«,DM ra wA PAVEMENT SECTION NOT l0 SCALE SITE GRADING PLAN DICK'S SANITATION �C7 AREA LAKEVILLE, MN 13wi D.SZE JSJINEL-+ " I i I .•i � I i I 1 I \''AD FOOT MDE PUBUC DRAINAGE I TEM—AR r —s. AMD UTUTY EASEMENT siocxNut AREA I bE[ PROPER Y EX iT 90 To saM Dj e�i.IEK. ww'o"rN o, �."'�.1':'a•�.1�"..�.:'w .:.:'M: a.`.�: wZ L -DM -w �` aw ,✓ JACOBSON Di ENGINEERS & SURVEYORS A$anitvlivn, Inc ltnek•• Brett Ande f 8984 115th Street W Lak,Ale. 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