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April 28, 2010 Item No.
FIELDSTONE CREEK 6th ADDITION FINAL PLAT
MAY 3, 2010 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: move to approve a resolution approving the
final plat of Fieldstone Creek 6th Addition.
Adoption of this motion will allow the development of the remaining 14 single family lots within
the Fieldstone Creek subdivision.
Overview
DR Horton, Inc. has submitted an application for the final plat of Fieldstone Creek 6th Addition.
Fieldstone Creek 6th Addition is the final phase of the development and includes 14 single family
lots on 6.24 acres located south of 165th Street and west of Pilot Knob Road (CSAR 31). The
property is zoned RS -3, Single Family Residential District. The Fieldstone Creek preliminary plat
of 146 single family lots was approved by the City Council on February 6, 2006. The Fieldstone
Creek 1" Addition final plat of 78 single family lots was approved by the City Council on May 15,
2006 followed by the second, third, fourth and fifth additions in 2006, 2007 and 2008. The
Fieldstone Creek 6th Addition final plat is consistent with the approved preliminary plat.
At their March 18, 2010 meeting, the Planning Commission unanimously recommended
approval of the Fieldstone Creek 6th Addition final plat subject to the five stipulations included in
the planning report. The Parks, Recreation and Natural Resources Committee unanimously
recommended approval of the final plat at their March 17, 2010 meeting. Planning and
Engineering Department staff also recommend approval.
Primary Issue to Consider
Has the developer submitted all the materials required by the Fieldstone Creek 6th Addition
development contract? The applicant has submitted all the materials as required by the
development contract including the letter of credit, cash fees, and certificate of insurance.
Supporting Information
• Resolution approving the final plat.
• Signed development contract, letter of credit, cash payment and certificate of insurance.
• March 18, 2010 Planning Commission meeting minutes.
• March 17, 2010 Parks, Recreation and Natural Resources Committee meeting minutes.
• March 12, 2010 planning report.
2$2010 n ineering report.
li7
Allynr'Kuennen, AICP
Associate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Subdivision and Zoning Ordinances
I*
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF
FIELDSTONE CREEK 6T" ADDITION
WHEREAS, the owner of the plat described as Fieldstone Creek 6th Addition has
requested final plat approval; and
WHEREAS, the final plat was reviewed by the Planning Commission and the
Parks, Recreation and Natural Resources Committee; and
WHEREAS, the final plat is acceptable to the City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The final plat of Fieldstone Creek 6th Addition is hereby approved subject to
the developer's execution of the development contract and security
requirements.
2. The Mayor and City Clerk are hereby directed to sign the development
contract and the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
APPROVED AND ADOPTED this 3rd day of May, 2010.
I
CITY OF LAKEVILLE
M
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA)
(
CITY OF LAKEVILLE )
Holly Dahl, Mayor
y
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 3rd day of May, 2010, as shown by the
minutes of said meeting in my possession.
Charlene Friedges, City Clerk
(SEAL)
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
FIELDSTONE CREEK 6TH ADDITION
AGREEMENT dated , 2010, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ("City"), and D.R. HORTON, INC. -MINNESOTA, a
Delaware corporation (the "Developer")
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for FiELDsroNE CREEK 6TH ADDITION (referred to in this Contract as the "plat"). The land is situated in the
County of Dakota, State of Minnesota, and is legally described as:
Oudot A, Fieldstone Creek 5th Addition,
according to the recorded plat thereof
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or
private improvements, or any buildings until all the following conditions have been satisfied: 1) this
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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.
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:
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Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion/Sediment Control Plan
Plan C - Plans and Specifications for Public Improvements
Plan D - Street Lighting Plan
Plan E - Site Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
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
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expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City's
inspectors. The Developer's engineer shall provide for on-site project management. The Developer's
engineer is responsible for design changes and contract administration between the Developer and the
Developer's contractor. The Developer or 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 public 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:
• 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
1
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11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by November 30, 2010, with the exception of the final wear course of asphalt on streets. The final wear
course on streets shall be installed between August 15th and October 15th the first summer after the base
layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an
extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security
posted by the Developer to reflect cost increases and the extended completion date. Final wear course
placement outside of this time frame must have the written approval of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City or Dakota County Soil and
Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the 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
I as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed
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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.
15. GRADING PLAN. The plat shall be graded in accordance with the approved grading,
drainage and erosion control plan, Plan "B". The plan shall conform to City of Lakeville specifications.
Within thirty (30) days after completion of the grading and before the City approves individual building
permits (except one model home permit on a lot acceptable to the Building Official), the Developer shall
provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer
that all storm water treatment 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 house pads, and all other items listed in City
Code Section 10-3-5.NN. The City will withhold issuance of building permits until the approved certified
grading plan is on file with the City and all erosion control measures are in place as determined by the City
Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been
monitored and 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, home builders, subcontractors, their agents or assigns. Prior to any
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construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in-house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and his engineer on status or
problems regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be
three percent (3%) of construction costs identified in the Summary of Security Requirements if using a
letter of credit, assuming normal construction and project scheduling. The Developer shall pay for
construction observation performed by the City's in-house engineering staff or consulting engineer.
Construction observation shall include part or full time inspection of proposed public utilities and street
construction and will be billed on hourly rates estimated to be seven percent (7%) of the estimated
construction cost.
19. 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.
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20. STORM SEWER AREA CHARGE. The trunk storm sewer area charge has not been
collected on the parent parcel of Fieldstone Creek 6th Addition and must be paid in cash at the time of
final plat approval. The trunk storm sewer area charge is calculated as follows:
271,806 s.f. (Area of Final Plat) x. $0.167/s.f. (Area Charge) = $45,391.60
21. SANITARY SEWER AVAILABILITY CHARGE. The sanitary sewer availability charge
has not been collected on the parent parcel of Fieldstone Creek 6th Addition and must be paid in cash at
the time of final plat approval. The sanitary sewer availability charge is calculated as follows:
14 single-family dwelling units x. $307.00/dwelling unit = $4,298.00
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to Falkirk Trail via Dodd Lane, 165th Street and Pilot
Knob Road (CSAH-31).
23. PARK DEDICATION, SIDEWALKS AND TRAILS. The park dedication requirement for
Fieldstone Creek 6th Addition was satisfied by land dedication provided with the Fieldstone Creek 1st
Addition final plat. The Developer dedicated 10.60 acres of land designated as park area consistent with
the City's Parks, Trails and Open Space Plan. The park improvements were substantially completed in
2009.
Development of Fieldstone Creek 6th Addition includes the construction of public sidewalks. Five
foot wide concrete sidewalks, including pedestrian curb ramps, will be constructed within public right-of-
way along the north side of Falkirk Trail and the west side of Eventide Way. The sidewalks will be
constructed at the Developer's expense.
In an effort to integrate trail systems and further preserve open space throughout the City, the
plans also identify a future 10 -foot wide bituminous "greenway corridor" trail within Outlots E & F,
Fieldstone Creek 1St Addition. D.R. Horton is responsible for rough grading of the trail through Outlots E
& F, Fieldstone Creek 1 St Addition. The trail within Outlot F is to be constructed in the future when the
parcel to the east develops. The Developer will provide a curb cut for the future pedestrian ramp on the
east side of Eventide Way with the Fieldstone Creek 6th Addition improvements. The west trail leg of
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the y -intersection at the south boundary of Fieldstone Creek Park will also be constructed in the future
when the parcel to the south develops. Portions of the trail in Fieldstone Creek Park and Outlot E,
Fieldstone Creek 1 st Addition will be constructed in 2010 with Fieldstone Creek a Addition. The Developer
will be reimbursed for the actual cost of the trail including bituminous pavement, aggregate base and
pedestrian curb ramp. The estimated reimbursement amount provided by the Developer is $21,232.50. The
Developer shall be responsible for the grading and restoration of the trail, consistent with the City's
Subdivision Ordinance.
24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The
Developer shall pay a cash fee of $650.00 for street signs, which includes one stop sign and one
street/stop sign with three "No Outlet" blades. A cash fee for one year of streetlight operating expenses
is also due at the time of final plat approval and is calculated as follows:
14 dwelling units x $6.75/unit/qtr. x 4 qtrs. = $378.00
25. SURFACE WATER MANAGEMENT UTILITY FEE. The Developer shall pay a cash fee
for one year of surface water management expenses at the time of final plat approval, calculated as
follows:
14 dwelling units x $6.50/unit/qtr. x 4 qtrs. = $364.00
26. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot
purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat.
Suitable deciduous trees include:
Birch Honeylocust Maple
Ginkgo (male only) Kentucky Coffee Oak
Hackberry Linden (Basswood)
Suitable coniferous trees include:
Fir European Larch
Colorado Blue & Green Spruce Cedar
Black Hills Spruce Austrian Pine
Canadian Hemlock White Pine
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Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such
as bug infestation or weak bark, are prohibited. The minimum deciduous tree size shall be two and one-half
(21/2) inches caliper, either bare root in season, or balled and burlapped. Evergreen trees must be at least
six feet (6') tall. The trees may not be planted in the boulevard. The Developer or lot purchaser shall sod
the front yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the
trees, sod, and seed shall be planted within sixty (60) days after a home is constructed on a lot. Before a
building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee
compliance with the landscaping requirements. If the final grading and landscaping is not timely completed,
the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory
completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be
returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of
good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted
for twelve (12) months from the time of planting.
27. TREE PRESERVATION. There are no significant trees within the Fieldstone Creek 6th
Addition final plat.
28. WETLANDS. There are no existing wetlands within the Fieldstone Creek 6th Addition
final plat.
report.
29. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the March 12, 2010, engineering
B. Implementation of the recommendations of the Parks, Recreation, and Natural
Resources Committee.
C. All single-family homes on the site must meet the minimum setback requirements in
the RS -3, Single Family Residential District as follows:
Front: 30 feet Corner side: 20 feet
Rear: 30 feet Interior side: 10 feet
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D. The Developer must install a barricade with a future street connection sign at the
south and east termini of Eventide Way and the east terminus of Falkirk Trail.
E. The Developer must install a temporary cul-de-sac with a future street construction
sign at the terminus of Eventide Way east of the plat boundary. The Developer must pave the temporary
cul-de-sac unless Eventide Way is extended within one year of construction completion. Before the City
signs the final plat, the Developer must provide a $2,500.00 cash escrow for the future removal of the
temporary cul-de-sac.
F. Prior to City Council approval of the final plat, the Developer shall furnish a boundary
survey of the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The
Developer shall post a $1,400.00 security for the final placement of interior subdivision iron monuments at
property corners. The security was calculated as follows: 14 lots 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 utility and street construction. In addition, the certificate of survey must also include a
certification that all irons for a specific lot have either been found or set prior to the issuance of a building
permit for that lot.
G. The Developer shall pay a cash fee for the preparation of record construction
drawings and City base map updating. This fee is $75.00 per lot for a total charge of $1,050.00.
H. The Developer shall be responsible for the cost of street light installation consistent
with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post
a security for street light installation consistent with the approved plan. The estimated amount of this
security is $4,500.00 and consists of five (5) post top streetlights at $900.00 each.
I. The Developer is required to submit the final plat in electronic format. The electronic
format shall be either an 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.
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30. 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 public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto, from a
bank ("security") for $342,551.69, plus a cash fee of $8,669.14 for City engineering administration. The
amount of the security was calculated as follows:
CONSTRUCTION COSTS:
Sanitary Sewer
$
29,856.00
Watermain
67,812.00
Storm Sewer
52,898.50
Street Construction
111,103.65
Greenway Trail Construction
20,857.50
Site Grading, Erosion Control,
Restoration and Grading Certification
6,443.75
CONSTRUCTION SUB -TOTAL
$
288,971.40
OTHER COSTS:
Developer's Design (6.0%)
$
17,338.28
Developer's Construction Survey (2.5%)
7,224.29
City Legal Expenses (Est. 0.5%)
1,444.86
City Construction Observation (Est. 7.0%)
20,228.00
Developer's Record Drawings (0.5%)
1,444.86
Street Lights
4,500.00
Lot Corners/Iron Monuments
1,400.00
OTHER COSTS SUB -TOTAL
$
53,580.29
TOTAL PROJECT SECURITIES:
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
required term. If the required public improvements are not completed at least thirty (30) days prior to the
expiration of the security, the City may also draw it down! If the security is drawn down, the proceeds shall
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be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and
financial obligations to the City have been satisfied, with City approval the security may be reduced from
time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent
(10%) of the amounts certified by the Developer's engineer shall be retained as security until all
improvements have been completed, all financial obligations to the City satisfied, the required "as
constructed" plans have been received by the City, a warranty security is provided, and the public
improvements are accepted by the City Council. The City's standard specifications for utility and street
construction outline procedures for security reductions.
31. 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:
Removal of Temporary Cul-de-sac
$ 2,500.00
Sanitary Sewer Availability Charge
4,298.00
Trunk Storm Sewer Area Charge
45,391.60
Traffic Control Signs
650.00
Street Light Operating Fee
378.00
Surface Water Management Utility Fee
364.00
City Base Map Updating
1,050.00
City Engineering Administration (3%)
8.669.14
TOTAL CASH REQUIREMENTS
$ 63,300.74
32. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until
the maintenance bonds are furnished the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City's standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
33. RESPONSIBILITY FOR COSTS.
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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 incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Contract, including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of eighteen percent (18%) per year.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"),
City water connection charges, City sewer connection charges, and building permit fees.
34. 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
150803v04 14 LKVL:FiELDSTONE CREEK 6TH ADDITION
SRN:rO4/15/2010 (D.R Horton, Inc. -Minnesota)
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.
35. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the
City may, at its option, refuse to allow construction or development work in the plat until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private
streets prior to issuance of any building permits, except 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 public improvements, the
Developer assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors, material
men, employees, agents, or third parties. No sewer and water confections or inspections may be
conducted and no one may occupy a building for which a building permit is issued on either a temporary or
150803v04 15 LKVL:FIELDSTONE CREEK 6TH ADDITION
SRN:rO4/15/2010 (D.R Horton, Inc. -Minnesota)
permanent basis until the streets needed for access have been paved with a bituminous surface and the
utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the
property. The Developer covenants with the City, its successors and assigns, that the Developer is well
seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the
form attached hereto, from all parties who have an interest in the property; that there are no unrecorded
interests in the property being final platted; and that the Developer will indemnify and hold the City
harmless for any breach of the foregoing covenants.
I. Developer shall take out and maintain or cause to be taken out and maintained until
six (6) months after the City has accepted the public 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
150803vO4 16 LKVL:FIELDSTONE CREEK 6TH ADDITION
SRN:104/15/2010 (D.R Horton, Inc. -Minnesota)
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
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.
36. 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: 20860 Kenbridge Court, Suite 100, 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.]
I
150803v04 17 LKVL:FIELDSTONE CREEK 6TH ADDITION
SRN:r04/15/2010 (D.R Horton, Inc. -Minnesota)
CITY OF LAKEVILLE
AA
(SEAL)
AND
STATE OF MINNESOTA )
(ss..
COUNTY OF DAKOTA )
Holly Dahl, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of ,
2010, 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
150803VO4 18 LKVL:FIELDSTONE CREEK 6TH ADDITION
SRN:rO4/15/2010 (D.R Horton, Inc. -Minnesota)
DEVELOPER:
D.R. HORTON, INC. -MINNESOTA
BY: L
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of r!<o r ,
2010, by _5tio.evy M. plek the Vike A-er.- em-i� of
D.R. Horton, Inc' Minnesota, a Delaware corporation, on behalf of the corporation.
RONALD ALAN MULLENBACH
s Notary Public
Minnesota
My Commission Expires January 312011
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
RNK:srn
150803v04
SRN:r04/15/2010
NOTARY PUBLIC
19 LKVL:FIELDSTONE CREEK 6TH ADDITION
(D.R Horton, Inc. -Minnesota)
embank.
U.S. Bank National Association
Standby Letters Of Credit: BC-MN-H2OG
800 Nicollet Mall
Minneapolis, Minnesota 55402
April 20, 2010
LETTER OF CREDIT NUMBER: SLCMMSP05966
DOLLAR AMOUNT: USD 342,551.69
EXPIRATION DATE: NOVEMBER 30, 2010
SWIFT: USBKUS44
TELEX:
PHONE: 866-359-2503 EXT 5854
612 303-7395
FAX :612-303-5226
APPLICANT: D.R. HORTON, INC. - MINNESOTA
20860 KENBRIDGE COURT, SUITE 100
LAKEVILLE, MINNESOTA 55044
ATTN: RON MULLENBACH
BENEFICIARIES: CITY OF LAKEVILLE
20195 HOLYOKE AVENUE
LAKEVILLE, MINNESOTA 55044
U.S. BANK NATIONAL ASSOCIATION
LEIRMIM07AMA
XTURFE
ORIGINAL LETTER OF CREDIT SENT TO:
D.R. HORTON, INC.
20860 KENBRIDGE COURT, SUITE 100
LAKEVILLE, MINNESOTA 55044
ATTN: RON MULLENBACH
I:\IBD\Standby\Letter\5 966j eh.doc
usbank.com
Cobank.
U.S. Bank National Association
800 Nicollet Mall, BC-MN-H20G
Minneapolis, Minnesota 55402
866-359-2503 x 5854/ 612 303-7395
April 20, 2010
Irrevocable Standby Letter of Credit Number SLCMMSP05966
Expiration Date: November 30, 2010
Beneficiary:
City of Lakeville
20195 Holyoke Avenue
Lakeville, Minnesota 55044
International Banking Division
TELEX:
S.W.I.F.T.: USBKUS44
Fax: 612 303-5226
Applicant:
D.R. Horton, Inc. - Minnesota
20860 Kenbridge Court, Suite 100
Lakeville, Minnesota 55044
We hereby issue, for the account of D.R. Horton, Inc. - Minnesota and in your favor, our Irrevocable Letter of
Credit in the amount of USD 342,551.69 (Three Hundred Forty Two Thousand Five Hundred Fifty One and
69/100 United States Dollars), available to you by your draft drawn at sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit Number SLCMMSP05966, dated April 20, 2010 of
U.S. Bank National Association."
b) Be signed by the City Administrator or Finance Director of the City of Lakeville.
C) Be presented for payment at U.S. Bank National Association, 800 Nicollet Mall, BC-MN-H20G, attn:
Standby Letters of Credit, Minneapolis, Minnesota 55402, on or before 4:00 p.m. on November 30,
2010.
d) Be accompanied by a letter on the City's Letterhead, signed by the Mayor, Finance Director or City
Administrator, indicating that the City has determined that the Developer has failed to comply with its
obligations pursuant to the Development Contract.
For informational purposes only: We are informed by the Applicant that this Letter of Credit is to cover the
performance of public improvements and compliance with the terms of the development contract designated
as Fieldstone Creek Sixth Addition.
This Letter of Credit shall automatically extend for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers
written notice to the Lakeville Finance Director that it intends to cancel or modify the terms of this Letter of
Credit. Written notice is effective if sent by certified mail and deposited in the U.S. Mail, or overnight courier
provided proof of receipt is obtained, postage prepaid, at least forty-five (45) days prior to the next annual
renewal date addressed as follows: Lakeville Finance Director, Lakeville City Hall, 20195 Holyoke Avenue,
Lakeville, Minnesota 55044, and is actually received by the Finance Director at least thirty (30) days prior to
the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified or limited by reference to any document, instrument, or agreement, whether or not referred to
herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
-Continued on Page 2-
usbank.com Y L_
s
mbank.
U.S. Bank National Association
800 Nicollet Mall, BC-MN-H2OG
Minneapolis, Minnesota 55402
866-359-2503 x 5854/ 612 303-7395
SLCMMSP05966
April 20, 2010
Page 2
International Banking Division
TELEX:
S.W.I.F.T.: USBKUS44
Fax: 612 303-5226
This Letter of Credit shall be governed by the Uniform Customs and Practice for Documentary Credits, (2007
Revision), International Chamber of Commerce Publication No. 600.
We hereby agree that drafts drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
If you require any assistance or have any questions regarding this transaction, please call the numbers as
listed above.
U.S. Bank National Association
(444-10 0 -ft (J-
Aut orized Signature
usbank.com
Planning Commission Meeting
March 18, 2010
Page 2
ITEM 5. CONSENT AGENDA
10.11 Motion was made and seconded to recommend to City Council approval of the
March 18, 2010 Planning Commission Consent Agenda as follows:
A. Approve the request of Nancy Guenther for a three-year extension of a
Special Home Occupation Permit to allow a hair salon in her single
family home, located at 17091 Fairhill Avenue.
B. Approve the request of Sharon Hagerty for a three-year extension of a
Special Home Occupation Permit to allow a massage therapy business in
her single family home, located at 18747 Iroquois Lane.
C. Approve the request of Tom and Ann Hoffmann for a three-year
extension of a Special Home Occupation Permit to allow a trophy
assembly and sales business in their single family home, located at 8315
190th Street.
D. Approve the request of jean Meyer for a three-year extension of a Special
Home Occupation Permit to allow a massage therapy business in her
single family home, located at 16737 Innsbrook Drive.
E. Approve the request of Susan Monnens for a three-year extension of a
Special Home Occupation Permit to allow a massage therapy business in
her single family home, located at 8465 207th Street.
F. Approve the request of D. R. Horton for a final plat of 14 single family
lots to be known as Fieldstone Creek 6th Addition.
Ayes: Lillehei, Davis, Maguire, Drotning.
Nays: 0
ITEM 6. LISA CROULEY
Chair Davis opened the public hearing to consider the application of Lisa Crouley
for a Special Home Occupation Permit to operate a hair salon use in her single
family home, located at 20928 Huntsville Trail. The Recording Secretary attested
that the legal notice had been duly published in accordance with State Statutes and
City Code.
Ryan and Lisa Crouley presented an overview of their request.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Planning Department staff recommends approval of the Special Home
CITY OF LAKEVILLE
DRAFT
PARKS, RECREATION & NATURAL RESOURCES COMMITTEE
Meeting Minutes for March 17, 2010
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: Bob Boerschel, Tom Goodwin, Judy Hayes, Scott Kelly, Howard Lovelace,
Pat Messinger, Jeanne Peterson, Jerry Zell
Absent:
Staff Present: Parks & Recreation Director Steve Michaud, Environmental Resources Manager
Mac Cafferty, Recording Secretary Patty Ruedy
ITEM 3 Approval of the February 17, 2010 meeting minutes
The February 17, 2010 Parks, Recreation & Natural Resources Committee meeting minutes were
approved as presented.
ITEM 4 Citizen comments
There were no citizens present.
ITEM 5 Staff report
Staff referred to the report in the committee packet. Staff reported that Wold Architects is working on
a Senior Center/Historical Society needs analysis which will be completed sometime in April.
ITEM 6 Spirit of Brandtjen Farm 5th Addition preliminary and final plat
Mac Cafferty presented details of the plat. The plat is located on the north side of 170th Street and
east of Eagleview Drive. The plat consists of 7 single-family lots. The developer will be required to
construct a 5 -foot concrete sidewalk along Draft Horse Boulevard, adjacent to the plat. In addition,
the developer will construct and 8 -foot wide bituminous through Outlot A. The trail will be similar to
others and be privately owned and maintained by the homeowner's association, but accessible to the
public. There will be no park dedication required, as there is an existing credit amount carried over
from previous phases.
(10.02) Motion made by Messinger, seconded by Goodwin to recommend City Council
consider approval of Spirit of Brandtjen Farms 5th Addition preliminary and final plat, including the
required sidewalks and 8 -foot trails detailed in the planning and engineering reports.
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 -8 Nays -0
Motion passed.
ft=4 ITEM 7 Fieldstone Creek 6th Addition final plat
Mac Cafferty presented the details of the plat. DR Horton has submitted an application for a final plat
on 6.24 acres located south of Fieldcrest Drive and west of Pilot Knob Road. The plat consists of 14
single-family lots. Park dedication was satisfied with the dedication of land now known as Fieldstone
Park. As such, no additional park dedication fees or land dedication is required. The developer may be
required to construct at his cost an 8 -foot bituminous trail within City -owned Outlots D and E along
Parks, Recreation & Natural Resources Cmyngtee Meeting Minutes, March 17, 2010 Page 2
the west and south boundary of the development. The trails will provide a future connection to the
adjacent City park and Falkirk Trail. Also, a 5 -foot concrete sidewalk will be constructed at the
developers' expense on the east side of Eventide Way and on the north side of Falkirk Trail.
(10.03) Motion made by Kelly, seconded by Messinger to recommend City Council consider
approval of Fieldstone Creek 6"' Addition final plat. In addition, the developer may be required to
construct at his cost 8 -foot bituminous access trails within City -owned Outlots D and E and a 5 -foot
wide concrete sidewalk on the east side of Eventide Way and on the north side of Falkirk Trail.
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 -8 Nays -0
Motion passed.
ITEM 8 Bury Property Acquisition public hearing
Chair Kelly opened the public hearing at 6:18 p.m. for the purpose of re -submitting one grant to the
LCCMR in the amount of $500,000 for acquisition of the Bury property. The project will include the
acquisition of a minimum of 20 acres along the Lake Marion shoreline (3,300 feet) in 2011-2012.
Plans include passive recreational opportunities, 2 or 3 scenic vistas, trails and a picnic shelter. Park
maintenance (minimal) has been included in the plan as well. Total cost of this project is estimated to
be $3-3.5 million. The City has already applied for and received $750,000 from various grants to be
applied to the purchase price as well as park dedication funds. The City has also received a $350,000
grant to build the trail.
Boerschel inquired how this trail will connect to the other side of the freeway. The trail will connect to
205th Street and then north to Ritter Farm Park. There were no further questions.
(10.04) Motion made by Kelly, seconded by Goodwin to close the public hearing at 6:44 p.m.
Ayes -8 Nays -0
Motion passed.
ITEM 9 Unfinished business
Staff updated committee members on the status of the dog ordinance efforts: Officer Maxwell has
patrolled Ritter Farm Park several times. Hayes volunteered to be at Ritter for a weekend and make
people aware of the ordinances and Peterson volunteered to be at Valley Lake. New dog ordinance
signs have been produced and will be installed in problem areas such as East Community Park. The
back cover of Recreation summer brochure contains an ordinance message and will be delivered to all
Lakeville residents. Peterson reported that Three Rivers has begun issuing $65 fines for ordinance
violations. Also, Peterson called 911 on an ordinance issue (non -emergency) and the police
responded appropriately within an hour.
ITEM 10 New business
Staff reviewed the new Ipava wayfinding map. They will look very similar to the existing signs
currently in Casperson Park to downtown. Additional wayfinding signs for Valley Lake and East
Community Parks have also been funded by a grant from the Dakota County Health Department.
Staff is also working on a park and trails map funded by Dakota County as well.
Boerschel inquired about a park for the Stoneborough development. Staff replied it is a priority, but
economic conditions will not allow for a park at this time.
Memorandum
To: Planning Commission /
From: Allyn Kuennen, Associate Planner 4,1
Date: March 12, 2010
City of Lakeville
Planning Department
Subject: Packet Material for the March 18, 2010 Planning Commission Meeting
Agenda Item: Fieldstone Creek 6t" Addition Final Plat.
DR Horton, Inc. has submitted an application for the final plat of Fieldstone Creek 6th
Addition. Fieldstone Creek 6th Addition is the final phase of the development and
includes 14 single family lots on 6.24 acres located south of Fieldcrest Drive and west of
Pilot Knob Road. The property is zoned RS -3, Single Family Residential District. The
Fieldstone Creek preliminary plat of 146 single family lots was approved by the City
Council on February 6, 2006. The Fieldstone Creek 1St Addition final plat of 78 single
family homes was approved by the City Council on May 15, 2006 followed by the
second, third, fourth and fifth additions in 2006, 2007 and 2008.
The Fieldstone Creek 6th Addition final plat plans have been distributed to Engineering
Department and Parks and Recreation Department staff and the Parks, Recreation and
Natural Resources Committee for review.
The following exhibits are attached for your review:
Exhibit A — Location/Zoning Map
Exhibit B — Aerial Photo
Exhibit C — Approved Preliminary Plat
Exhibit D — Final Plat (2 pages)
Exhibit E — Site Plan
Exhibit F — Final Erosion and Sediment Control Plan
Exhibit G — Final Grading & Drainage Plan
Full size copies of the Fieldstone Creek 6t" Addition final plat plans are included with the
packet material.
FINAL PLAT ANALYSIS
Application Deadline. The final plat was submitted on February 12, 2010. The 60 -day
deadline is April 12, 2010.
Zoning. The property is currently zoned RS -3, Single Family Residential District.
Adjacent Land Uses. Adjacent land uses and zoning are as follows:
North — Fieldstone Creek 4th Addition, zoned RS -3, Single Family Residential
East — Undeveloped (Tullamore Preliminary Plat), zoned RS -3, Single Family
Residential
South — Jamesdale Estates 1 st Addition, zoned RS -3, Single Family Residential
West — Fieldstone Creek 4th Addition, zoned RS -3, Single Family Residential
Consistency with the Approved Preliminary Plat. The submitted final plat plans are
consistent with the approved preliminary plat plans and meet all the minimum standards
of the Zoning and Subdivision Ordinance.
Density. The gross area of the final plat is 6.24 acres with a gross density of 2.24 lots
per acre. The net developable area of the final plat after taking out right-of-way is 4.61
acres with a net density of 3.03 lots per acre.
MUSA. The Fieldstone Creek 6th Addition final plat is located within the current
Metropolitan Urban Service Area (MUSA).
Lots. All lots meet the minimum lot sizes required in the RS -3 District. The minimum
standards are:
Lot Area: Corner: 12,500 s.f. Interior: 11,000 s.f.
Lot Width: Corner: 100 feet Interior: 85 feet
Outlots. There are no outlots in<Fisidstone Creek 6th Addition.
Setbacks. Setback requirements for lots in the RS -3 District are outlined below:
Front: 30 feet
Corner side: 20 feet
Rear: 30 feet
Interior side: 10 feet
The building pads shown on the final plat plans meet the minimum setback
requirements.
Streets. Falkirk Trail and Eventide Way will be extended through the Fieldstone Creek
6th Addition final plat from the adjacent developed areas in Fieldstone Creek.
Falkirk Trail is identified as a Local Street in the City's Transportation Plan. Falkirk Trail
will be a 32 foot wide street within a 60 foot wide right of way with a sidewalk on the
north side.
7
Eventide Way islidentified as a Local Street in the City's Transportation Plan. Eventide'
Way will be a 32 foot wide street within a 60 foot wide right-of-way with a sidewalk on
2
the west side. Eventide Way curves to the east and will terminate at a temporary cul-de-
sac.
The developer must install barricades with a future street connection sign at the south
and east termini of Falkirk Trail and the east terminus of Eventide Way. These streets
will be extended to the south and east when the adjacent properties to the south and
east develop.
Trails/Sidewalks. An eight foot bituminous trail will be constructed within City -owned
Outlots D, E and F, Fieldstone Creek 1 st Addition along the west and south boundary of
the development. The trail will provide a future connection to the adjacent City park land
from Falkirk Trail. Five foot wide concrete sidewalks will be constructed at the
developer's expense on the east side of Eventide Way and on the north side Falkirk
Trail.
Park Dedication. Park dedication was satisfied with the dedication of land in the
Fieldstone Creek 15t Addition final plat. No additional park dedication fees or land
dedications are required. The Parks, Recreation, and Natural Resources Committee will
review the final plat at their March 17, 2010 meeting.
Grading, Drainage, Erosion Control and Utilities. A grading, drainage, and erosion
control plans for the Fieldstone Creek et" Addition final plat were submitted and
reviewed by the Engineering Department staff. A copy of the March 12, 2010
engineering report is attached for your review. Engineering Department staff
recommends approval of the final plat.
Wetlands. The final plat does not contain any wetland areas.
Tree Preservation. There are no significant trees located on the site.
Easements. The preliminary and final plat illustrates the perimeter easements for all
single-family lots as required by Section 10-4-4.A of the Subdivision Ordinance. A
temporary turn around easement has also been provided at the eastern terminus of
Eventide Way.
RECOMMENDATION
Planning Department staff recommends approval of the Fieldstone Creek 6t" Addition
final plat subject to the following stipulations:
1. Implementation of the recommendations listed in the March 12, 2010 engineering
report.
2. The recommendations of the Parks, Recreation and Natural Resources
Committee. 1
3. All single-family homes shall meet the minimum setback requirements in the RS -
3, Single Family Residential District as follows:
3
Front: 30 feet Rear: 30 feet
Corner side: 20 feet Interior side: 10 feet
4. A five foot wide concrete sidewalk must be constructed by the developer along
the west side of Eventide Way and along the north side of Falkirk Trail.
5. DR Horton must install a barricade with a future street connection sign at the
south and east termini of Falkirk Trail and the east terminus of Eventide Way.
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Print Preview
Dakota County, MN
Page 1 of 1
Parcel ID
222670401000 Bathrooms
0
Owner Name -----
D R Horton Inc Mn Garage Sq Ft
0
Joint Owner
Other Garage
Owner Address
20860 Kenbridge Ct Ste 100 Misc. Building
Owner Address 2
Estimated Land Value
$133,100
City/State/Zip
Lakeville Mn 55044 Estimated Building Value
$0
Common Name
Total Estimated Value
$133,100
Property Address
Tax Capacity
$1,958
Property City
LAKEVILLE Special Assessments
$0
Use
Residential Total Property Tax
$2,214
Homestead
N Date of Sale
Year Built
0 Sale Value
$0
Effective Year Built
0 Acres
6.24
Building Type
School District
196
Building Style
Watershed District
VERMILLION RIVER
Foundation Sq Ft
Plat Name
FIELDSTONE CREEK 5TH ADD
Finished Sq Ft
0 Lot and Block
OUTLOT A
Frame
Tax Description
Bedrooms
0
Disclaimer. Map and parcel data are believed to be accurate, but accuracy is notMap Scale
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Memorandum
To: Allyn Kuennen, Associate Planner
From: Mark DuChene, Development/Design Engineer
McKenzie Cafferty, Environmental Resources Manager
Copy: Dennis Feller, Finance Director
Gene Abbott, Building Official
Diane Quinnell, Administrative Assistant
Date: March 12, 2010
Subject: Fieldstone Creek 6t' Addition
Final Plat Review
• Grading Plan Review
• Utility Plan Review
BACKGROUND
City of Lakeville
Engineering
D.R. Horton, Inc. has submitted a final plat named Fieldstone Creek 6"' Addition. The
proposed plat is the sixth and final phase of the Fieldstone Creek preliminary plat
that was approved by the City Council on February 6, 2006. The parent parcel is
zoned RS -3, Single Family Residential District and consists of Outlot A, Fieldstone
Creek 5"' Addition. The proposed residential subdivision is located north of 170"'
Street; west of Pilot Knob Road (CSAH-31) and south of Dodd Boulevard (CSAR -9).
The final plat consists of 14 single-family lots within three blocks on 6.24 acres. No
outlots will be created with the final plat.
Development of the site includes the following public improvements: sanitary
sewer, watermain, storm sewer and the construction of local streets and sidewalks.
The proposed improvements will be completed by:
Developer:
D.R. Horton, Inc.
Civil Engineer:
James R. Hill, Inc.
Surveyor:
James R. Hill, Inc.
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A - I
FIELDSTONE CREEK V ADDITION
MARCH 12, 2010
PAGE 2 OF 9
SITE CONDITIONS
The Fieldstone Creek 6t' Addition site is clear as it was mass graded with previous
Fieldstone Creek improvements.
STREET AND SITE LAYOUT
Falkirk Trail
Development of Fieldstone Creek 6"' Addition includes the extension of Falkirk Trail, a
local roadway as identified in the City's Transportation Plan. Falkirk Trail will be
extended east from the existing termini to the plat boundary. Falkirk Trail is
designed as 32 -foot wide two-lane urban roadway within a 60 -foot wide right-of-
way, matching the existing segment. A concrete sidewalk will be extended along
the north side of Falkirk Trail, matching the existing segment. The Developer shall
install barricades and signs that read "Future Street Connection" at the termini of
Falkirk Trail.
Eventide Wav
Development of Fieldstone Creek 6t' Addition includes the construction of Eventide
Way, a local roadway as identified in the City's Transportation Plan. Eventide Way
will be constructed north and south of Falkirk Trail to the southern and eastern plat
boundaries. Eventide Way is designed as 32 -foot wide two-lane urban roadway
within a 60 -foot wide right-of-way. A concrete sidewalk will be extended along the
west side of Eventide Way. The Developer shall install a temporary cul-de-sac at
the termini of Eventide Way east of the plat boundary. The developer must pave
the temporary cul-de-sac unless Eventide Way is extended within one year of
construction completion. An escrow for the paving and removal of the temporary
cul-de-sac will be collected with the development contract in the amount of $5,655.
The Developer shall install barricades and signs that read ""Future Street Connection"
at both termini of Eventide Way.
A temporary easement for public roadway and drainage and utility purposes was
recorded for the temporary cul-de-sac, said easement will expire when the parcel
adjacent to the east plat boundary is final platted into lots and blocks.
The City reserves the right to increase the street sections at the time of construction
based upon site conditions. Building permits, except one model home permit, for
Fieldstone Creek 6th Addition shall not be issued until the concrete curb and gutter
and bituminous base pavement have been installed.
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FIELDSTONE CREEK 6T" ADDITION
MARCH 12, 2010
PAGE 3 OF 9
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility and street construction is
restricted to Falkirk Trail via Dodd Lane, 165"' Street and Pilot Knob Road (CSAH-
31).
PARKS AND TRAILS
Development of Fieldstone Creek 6t" Addition includes the construction of public
sidewalks. 5 -foot wide concrete sidewalks, including pedestrian curb ramps, will be
constructed within public right-of-way along the north side of Falkirk Trail and the
west side of Eventide Way. The sidewalks will be constructed at the Developer's
expense, consistent with the City's Subdivision Ordinance.
In an effort to integrate trail systems and further preserve open space throughout
the City, the plans also identify a future 10 -foot wide bituminous "greenway
corridor" trail within Outlot E, Fieldstone Creek 1st Addition. The developer is
responsible for rough grading of the trail through Outlots E & F, Fieldstone Creek 1st
Addition. The trail within Outlot F is to be constructed in the future when the parcel
to the east develops. D.R. Horton will provide a curb cut for the future Redestrian
ramp on the east side of Eventide Way with the Fieldstone Creek 6 Addition
improvements. The west trail leg of the y -intersection at the south boundary of
Fieldstone Creek Park will also be constructed in the future when the parcel to the
south develops. Portions of the trail in Fieldstone Creek Park and Outlot E, Fieldstone
Creek 1st Addition will be constructed in 2010 with Fieldstone Creek a Addition
improvements or as part of the Fieldstone Creek Park improvements. The Developer
will be reimbursed for the actual cost of the trail if it is constructed as part of the
Fieldstone Creek 6th Addition improvements. The estimated reimbursement amount
provided by the developer is $37,080. The Developer shall be responsible for the
grading and restoration of the trail, consistent with the City's Subdivision Ordinance.
The park dedication requirement for Fieldstone Creek 6t' Addition was satisfied
through land dedication provided with the Fieldstone Creek 1st Addition plat. The
developer dedicated 10.60 acres of land designated as park area consistent with the
City's Parks, Trails and Open Space Plan. The park improvements were substantially
completed in 2009.
UTILITIES
SANITARY SEWER
Fieldstone Creek 6"' Addition is located within subdistrict NC -20040 of the North 1
Creek sanitary sewer district as identified in the City's Comprehensive Sanitary
Sewer Plan. Wastewater will be conveyed via existing public sanitary sewer to the
MCES Lakeville Interceptor and continue to the Empire Wastewater Treatment
w � r
FIELDSTONE CREEK 6' ADDITION
MARCH 12, 2010
PAGE 4 OF 9
Facility. The existing City -owned downstream facilities have sufficient capacity to
serve the proposed residential development.
Development of Fieldstone Creek 6t" Addition includes the construction of public
sanitary sewer. 8 -inch sanitary sewer will be extended within the subdivision from
an existing sanitary sewer stub located within Falkirk Trail to provide service to the
proposed lots.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel
and shall be paid with the final plat. The balance of the Sanitary Sewer Availability
Charge is calculated as follows:
14 units x $307.00/dwelling unit = $4,298.00
Single -Family Dwelling Units Sanitary Sewer Availability Charge Rate Total
WATERMAIN
Development of Fieldstone Creek 6t' Addition includes the construction of public
watermain. 8 -inch watermain will be extended within the subdivision from existing
watermain stubs located within Falkirk Trail to provide service to the proposed lots.
Final locations and sizes of all sanitary sewer and watermain facilities shall be
reviewed by City staff with the final construction plans. In association with MnOPS
requirements, utility hook-ups for buildings within Fieldstone Creek 6"' Addition shall
not be permitted until the as -built electronic files have been submitted and approved
by City staff.
DRAINAGE AND GRADING
Fieldstone Creek 6th Addition is located within subdistrict NC -17 of the North Creek
drainage district as identified in the City's Water Resources Management Plan. The
site was mass graded with previous Fieldstone Creek improvements.
Development of Fieldstone Creek 6"' Addition will not require the construction of any
public stormwater or infiltration basins. Fieldstone Creek 6t' Addition is tributary to
regional infiltration basin NC -17-1. A small portion of the basin is located along the
south plat boundary of the Fieldstone Creek development, within City -owned Outlots
E & F, Fieldstone Creek 1st Addition. This portion of the basin was constructed with
previous Fieldstone Creek improvements to meet their stormwater requirements as
well as utilizing the excavated material to balance the site. The ultimate basin is
located within the Jamesdale Estates, Fieldstone Creek and Tullamore
development. Because of the outlet routing and basin location across multiple
properties, the Developer is coordinating the construction of the basin with the
owners of the adjacent plats to the east and southeast (Tullamore) and to the south
(Jamesdale Estates). The infiltration basin will be regionally equalized as part of the
t 11 S. -
FIELDSTONE
FIELDSTONE CREEK 6' ADDITION
MARCH 12, 2010
PAGE 5 OF 9
three developments and each development is required to provide pretreatment of
stormwater before entering the infiltration basin per city code. The regional basin
must have a minimum of 37 acre-feet of live storage for the 100 -year storm event
and limit the 100 -year discharge rate to 81 cfs.
The emergency overflow for the entire area south of Dodd Boulevard, west of Pilot
Knob Road and east of the existing Dodd Valley Estates and Harris Acres
developments is southerly across 170' Street, near North Trail Elementary School.
Routing of the emergency overflow required site grading within Jamesdale Estates
and lowering of the existing trail along the south side of 170"' Street to match the
centerline elevation of 170th Street. The site grading and trail lowering for the
emergency overflow routing was completed with Jamesdale Estates 1st Addition
improvements.
Fieldstone Creek 6th Addition is also tributary to an existing infiltration area that was
designed to infiltrate the water quality volume from the site. Existing stormwater
basins constructed with previous Fieldstone Creek development improvements will
provide treatment of the stormwater prior to its discharge into the infiltration area.
Stormwater runoff generated from within the lots and public right-of-way will be
conveyed via public storm sewer to the existing City -owned stormwater basin
located within Outlot E, Fieldstone Creek 1st Addition.
The final grading plan must identify all fill lots in which the building footings will be
placed on fill material. The grading specifications must indicate that all
embankments meet FHA/HUD 79G specifications. The Developer shall certify to the
City that all lots with building footings placed on fill material are appropriately
constructed. Building permits shall not be issued until an as -built certified grading
plan has been submitted and approved by City staff.
A National Pollution Discharge Elimination System General Stormwater Permit for
construction activity is required from the Minnesota Pollution Control Agency for
areas exceeding one acre being disturbed by grading. A copy of the Notice of
Stormwater Permit Coverage must be submitted to the City upon receipt from the
MPCA.
STORM SEWER
Development of Fieldstone Creek 6t' Addition includes the construction of public storm
sewer. Storm sewer will be extended within the subdivision from existing storm
sewer stubs to collect and convey stormwater runoff generated from within the
public right-of-way and lots to the existing City -owned stormwater basin located at
the southwest corner of the site (Outlot E, Fieldstone Creek 1st Addition). The storm
sewer systems will be located in the rear yards of the lots within Blocks 1 and 2, and
Falkirk Trail and Eventide Way.
FIELDSTONE CREEK 6'" ADDITION
MARCH 12, 2010
PAGE 6 OF 9
A temporary easement for construction and grading purposes was recorded for
construction of the storm sewer along the rear yards of the lots within of Block 2
and for the temporary cul-de-sac at the eastern termini of Eventide Way within the
adjacent Tullamore parent parcel. The temporary construction easement will expire
on the earlier of completion of construction or November 1, 2010.
Final locations and sizes of all storm sewer facilities shall be reviewed by City staff
with the final construction plans. Draintile construction is required in areas of non-
granular soils within Fieldstone Creek 6th Addition for the street sub -cuts and for all
lots with rear yard elevations higher than the front yard elevations. The developer
has indicated sand to sand conditions exist on site so no street draintile will be
required. Any additional draintile construction, including perimeter draintile required
for building footings, which is deemed necessary during construction, shall be the
developer's responsibility to install and finance.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel
and shall be paid with the final plat. The Trunk Storm Sewer Area Charge is
calculated as follows:
271,806 s.f. x $0.167/s.f. _ $45,391.60
Area of Fieldstone Area Charge Total
Creek 6"' Addition
WETLANDS
There are no existing wetlands located within the Fieldstone Creek 6t' Addition site.
TREE PRESERVATION
There are no existing significant trees within the Fieldstone Creek a Addition site.
EROSION CONTROL
An erosion control plan has been submitted and includes the following:
• A single rock construction entrance is shown on the grading plan and
included in the erosion control notes.
• A seed and mulch specification that meets City requirements is included in
the erosion control notes.
• All 3:1 slopes will be seeded and stabilized with fiber blanket as identified in
the erosion control notes.
• The site will be re -vegetated within 48 hours of rough and final grade as
identified in the erosion control notes.
16 4, f.
FIELDSTONE CREEK V ADDITION
MARCH 12, 2010
PAGE 7 OF 9
• Silt fence will be utilized to protect off-site areas from sediment transport and
is shown on the grading plan. The stormwater basins to the south will be
protected with silt fence during construction.
• Inlet protection is shown on the plans and included in the erosion control
notes. Wimco or approved equal will be used.
• All streets shall be cleared of debris at the end of each day as identified in the
erosion control notes. Street sweeping shall be done weekly or more often as
needed. Additional street sweeping shall be required during the hauling
process. All streets shall be maintained to provide safe driving conditions.
A concrete washout area must be identified in the field and constructed per City
specifications. Additional erosion control measures may be required during
construction as deemed necessary by City staff or the Dakota County Soil and Water
Conservation District. Additional measures shall be installed and maintained by the
Developer.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer -installed
improvements relating to Fieldstone Creek 6t�' Addition. The construction costs are
based upon estimates submitted by the Developer's engineer on January 4, 2008.
CONSTRUCTION COSTS
Sanitary Sewer
Watermain
Storm Sewer
Street Construction
Site Grading, Erosion Control, Restoration and
Grading Certification
SUBTOTAL - CONSTRUCTION COSTS
OTHER COSTS
Developer's Design (6.0%)
Developer's Construction Survey (2.5%)
City's Legal Expense (0.5%)
City Construction Observation (7.0%)
Developer's Record Drawing (0.5%)
Lot Corners
Streetlights
SUBTOTAL - OTHER COSTS
TOTAL PROJECT SECURITIES
$ 37,986.00
61,307.00
58,906.00
135,957.30
10,888.50
$ 305,044.80
$ 18,302.69
7,626.12
1,525.22
21,353.14
1,525.22
1,400.00
4,500.00
$ 56,232.39
$ 361,277.19
FIELDSTONE CREEK 6' ADDITION
MARCH 12, 2010
PAGE 8 OF 9
The Developer shall post a security to ensure the final placement of iron monuments
at property corners with the final plat. The security is $100.00 per lot and outlot for
a total of $1,400.00. The City shall hold this security until the Developer's land
surveyor certifies that all irons have been placed following site grading, street and
utility construction.
The streetlight security totals $4,500.00, which consists of five post top streetlights
at $900.00 each.
CASH FEES
The Park Dedication requirement for Fieldstone Creek 6t' Addition was satisfied
through land dedication provided with the Fieldstone Creek 1st Addition plat.
The cash fee for street signs is $650.00, which includes. a stop sign (1) and a
street/stop sign (1) with "No Outlet" blades (3).
A cash fee for one-year of streetlight operating expenses shall be paid with the final
plat and is calculated as follows:
14 units x $6.75/unit/qtr. x 4 qtrs. = $378.00
Dwelling Units Streetlight Operating Fee Total
A cash fee for one-year of surface water management expenses shall be paid with
the final plat and is calculated as follows:
14 units x $6.50/unit/qtr. x 4 qtrs. = $364.00
Dwelling Units Surface Water Management Fee Total
A cash fee for the preparation of record construction drawings and for upgrading the
City base map shall be paid with the final plat and is calculated as follows:
14 lots and outlots x $75.00/unit = $1,050.00
Lots and Outlots City Base Map Updating Fee Total
The Developer shall submit the final plat and construction drawings in an electronic
format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file.
The Developer shall also pay a cash fee for City Engineering Administration. The
Developer has elected to pr vide a Letter of Credit as security for the Developer -
installed improvements. The fee for City Engineering Administration will be based
on three percent (3.00%) of the estimated construction cost, or $9,151.34.
4W ., ..
FIELDSTONE CREEK V ADDITION
MARCH 12, 2010
PAGE 9 OF 9
CASH REQUIREMENTS
Paving and Removal of Temp. Cul-de-sac
Sanitary Sewer Availability Charge
Trunk Storm Sewer Area Charge
Street Signs
Streetlight Operating Fee
Surface Water Management Fee
City Base Map Updating Fee
City Engineering Administration (3.00%)
TOTAL CASH REQUIREMENT
RECOMMENDATION
$ 5,655.00
4,298.00
45,391.60
650.00
378.00
364.00
1,050.00
9,151.34
$ 67,026.51
Engineering recommends approval of the final plat, grading plan and utility plan for
Fieldstone Creek 6t' Addition, subject to the comments within this report.