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HomeMy WebLinkAboutItem 06.d Date: Item No. CEDAR AND DODD RETAIL SECOND ADDITION FINAL PLAT Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Cedar and Dodd Retail Second Addition final plat. Overview Ryan Companies US, Inc. has requested approval of a final plat for one commercial lot to be known as Cedar and Dodd Retail Second Addition. The property to be platted is located east of Cedar Avenue (CSAH 23), south of Glacier Way, and west of Dodd Boulevard (CSAH 9). The applicant proposes to construct a 47,000 square foot two-story medical office building on the site. The property is zoned C-3, General Commercial District and the proposed medical office use is a permitted use in the district. The City Council approved the Cedar and Dodd Retail Addition preliminary and final plat at the July 17, 2017 meeting. A revised Cedar and Dodd Retail Addition final plat was approved at the September 17, 2018 City Council meeting. Primary Issue to Consider Why does the development contract give Ryan Companies until April 30, 2020 to record the final plat? Ryan Companies intends to purchase the property from Hy-Vee by the end of this year and to record the plat and start construction in the spring of 2020. The Subdivision Ordinance requires a final plat to be recorded within 100 days after City Council approval, unless an extension is approved by the City Council. Supporting Information • Final Plat Resolution • Signed Development Contract • May 3, 2019 Planning and Engineering reports Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Kris Jenson, Associate Planner July 1, 2019 None Subdivision Ordinance (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 19-_______ RESOLUTION APPROVING THE FINAL PLAT OF CEDAR AND DODD RETAIL SECOND ADDITION WHEREAS, the owner of the plat described as Cedar and Dodd Retail Second Addition has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and recommended for approval; and WHEREAS, the final plat is consistent with the approved preliminary plat and meets Subdivision Ordinance requirements; and NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The final plat of Cedar and Dodd Retail Second Addition is hereby approved subject to the development contract and security requirements. 3. The Mayor and City Clerk are hereby directed to sign the final plat mylars, development contract, and associated plat documents. 4. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 1st day of July, 2019. CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST: ________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. 19-____ 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 1st day of July 2019 as shown by the minutes of said meeting in my possession. ________________________ Charlene Friedges, City Clerk (SEAL) Cedar and Dodd Retail Second Addition 202054v22 1 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) CEDAR AND DODD RETAIL SECOND ADDITION CONTRACT dated ____________________, 2019, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and RYAN COMPANIES US, INC., a Minnesota corporation (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for CEDAR AND DODD RETAIL SECOND 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 on Exhibit “A” attached hereto and made a part hereof: 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 by April 30, 2020. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been Cedar and Dodd Retail Second Addition 202054v22 2 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, 3) evidence of the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles’ office. 4. Intentionally deleted. 5. Intentionally deleted. 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 otherwise agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, and C, additional plans may be prepared, subject to the City Engineer’s approval (which approval shall not be unreasonably withheld), after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following within the plat, to the extent not previously installed as part of the master development: A. Sanitary Sewer System Cedar and Dodd Retail Second Addition 202054v22 3 B. Water System C. Storm Sewer System D. Concrete Curb and Gutter E. Street Lights F. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control G. Underground Utilities H. Setting of Iron Monuments I. Surveying and Staking J. 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 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 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 inspect the work on a full or part-time basis; provided, however, that the City shall use commercially reasonable efforts to limit City inspector involvement as appropriate given the nature and scope of the Project. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible “as constructed” plans Cedar and Dodd Retail Second Addition 202054v22 4 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, as set forth in Section 19 of the City’s Engineering Standards for Utility and Street Construction Plans (http://www.ci.lakeville.mn.us/DocumentCenter/View/420/Section-19- Construction-Record-Drawing-Requirements-PDF?bidId=). In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer ’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights-of-Way B. Minnesota Department of Health for Watermains C. MPCA NPDES Permit for Construction Activity D. DNR for Dewatering E. City of Lakeville for Building Permits 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. Intentionally deleted. Cedar and Dodd Retail Second Addition 202054v22 5 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. The City shall comply with all reasonable safety rules, regulations, and protocols established by Developer prior to entering the plat. 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, which approval shall not be unreasonably withheld, conditioned or delayed. The City may impose additional erosion control requirements if they would be beneficial, as determined by the City in its reasonable discretion. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current seeding specification. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City or the rules and regulations implemented by 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 at least forty-eight (48) hours 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 during the construction period, notwithstanding any notice and cure period hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days after demand therefor, the City may draw down the letter of credit to pay any actual costs incurred by the City. 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. DRAINAGE AND GRADING. Cedar and Dodd Retail Second Addition is located within subdistrict NC-34 of the North Creek stormwater district and FO-3 of the Farmington stormwater district as identified in the City’s Water Resources Management Plan. Cedar and Dodd Retail Second Addition 202054v22 6 The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building Certificate of Occupancies will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff, which approval shall not be unreasonably withheld, conditioned or delayed. Cedar and Dodd Retail Second Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City promptly after receipt from the MPCA. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, subcontractors, their agents or assigns on a regular basis. 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, as set forth in this Section 18, and in addition to other fees expressly set forth in this Agreement. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Cash Requirements if using a letter of Cedar and Dodd Retail Second Addition 202054v22 7 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 may include part or full time inspection of proposed public utilities and street construction; provided, however, that the City shall use commercially reasonable efforts to limit City inspector involvement as appropriate given the nature and scope of the Project. All inspection fees will be billed on commercially reasonable hourly rates, currently estimated to be five percent (5%) of the estimated construction cost. 19. STORM SEWER. Development of Cedar and Dodd Retail Second Addition includes the construction of a private storm sewer system on Lot 1, Block 1. The Developer shall construct private storm sewer within the lot to convey runoff to the proposed privately owned and maintained stormwater management basin constructed with the Cedar and Dodd Retail Addition final plat improvements. 20. SANITARY SEWER. Cedar and Dodd Retail Second Addition is located within subdistrict NC-20490 of the North Creek sanitary sewer district as identified in the City’s Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing sanitary sewer to the Empire Treatment Facility. The City represents that the downstream facilities have sufficient capacity to serve the proposed commercial development. The Developer shall install 6-inch privately owned and maintained sanitary sewer to be extended from an existing private sanitary sewer service to provide service to the proposed building. 21. WATERMAIN. The Developer shall extend, or cause to be extended, an 8-inch privately owned and maintained water service to the proposed building. Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City staff with the building permit applications and final construction plans, and City approval shall not be unreasonably withheld, conditioned or delayed. 22. OVERHEAD LINES. Overhead transmission utility lines and poles are located on the southern plat boundary. Consistent with the City’s Public Ways and Property Ordinance, the transmission lines are not required to be removed with the development improvements. Cedar and Dodd Retail Second Addition 202054v22 8 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility, and building construction shall be from a single rock construction entrance on the privately owned and maintained roadway within the site between Glacier Way and Dodd Boulevard as shown on the Erosion Control Plan. 24. PARKS, TRAILS AND SIDEWALKS. The Developer shall construct a privately owned and maintained sidewalk with a connection to the existing 10-foot wide trail along the east side of Cedar Avenue. The Developer must use commercially reasonable efforts to obtain a right-of-way permit for the improvements within the County right-of-way, failing which, the requirement to connect to such trail shall be waived. The Park Dedication requirement for the parent parcel has not been paid and will be satisfied through a cash contribution with the final plat, calculated as follows: 4.47 acres x $7,693.00 = $34,387.71 Acres of Lot 1, Block 1 Commercial Park Dedication Rate Total Required with the final plat 26. ENVIRONMENTAL RESOURCES EXPENSES. A cash fee for one-year of environmental resources expenses shall be paid by the Developer at the time of final plat approval and is calculated as follows: 27. LANDSCAPING. Landscaping shall be installed by the Developer in accordance with the approved landscape plan. The Developer shall post a security in the amount of $134,216.50 at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. 28. WETLANDS. The wetland delineation for the site was conducted on August 23, 2016 by Kimley Horn and Associates. Three wetlands were identified within the project boundaries. The Notice of Application was sent out December 13, 2016. No comments were received during the comment period. Based on the information provided in the report dated October 2016 and site visit, the wetland 4.47 acres x $14.38/unit/qtr. x 4.2 x 4 qtrs. = $1,079.88 Acres of Lot 1, Block 1 Environmental Resources Fee Utility Factor Cedar and Dodd Retail Second Addition 202054v22 9 delineation for the area outlined in the report has been determined to be acceptable for use in implementing the Wetland Conservation Act. It is the applicant’s responsibility to obtain proper wetland approvals from the U.S. Army Corps of Engineers. 29. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the May 3 , 2019 Planning and Engineering Report. B. Intentionally deleted. C. Access to the site shall be from a single driveway connecting to the interior private roadway. The driveway design must include commercial concrete driveway aprons, stop signs and stop bars. D. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $100.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 1 lot/outlot at $100.00 per lot/outlots. The security will be held by the City until the Developer's land surveyor certifies to the City 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. E. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $90.00 per lot/outlot for a total charge of $90.00. F. 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 Cedar and Dodd Retail Second Addition 202054v22 10 specifications, which specifications are further described in Section 19 of the City’s Engineering Standards for Utility and Street Construction Plans (http://www.ci.lakeville.mn.us/DocumentCenter/View/420/Section-19-Construction-Record- Drawing-Requirements-PDF?bidId=). 30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto, from a bank ("security") for $369,014.00. If an alternate security is furnished, the Developer shall also furnish a letter of credit for twenty-five percent (25%) of the alternate security amount to cover any contract increases. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Erosion Control and Grading Certification $210,500.00 CONSTRUCTION SUB-TOTAL $210,500.00 OTHER COSTS: A. Developer’s Design (3.0%) $6,315.00 B. Developer’s Construction Survey (2.5%) 5,252.50 C. City Legal Expenses (Est. 0.5%) 1,052.50 D. City Construction Observation (Est. 5.0%) 10,525.00 E. Developer’s Record Drawings (0.5%) 1,052.50 F. Landscaping 134,216.50 G. Lot Corners/Iron Monuments 100.00 OTHER COSTS SUB-TOTAL $158,514.00 TOTAL SECURITIES: $369,014.00 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the reasonable approval of the City Administrator; further, the City hereby approves a letter or credit issued by US Bank National Association or BMO Harris Bank, N.A. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of Cedar and Dodd Retail Second Addition 202054v22 11 this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall only 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, 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 prior to the City Council signing the final plat: A. Park Dedication Fee $34,387.71 B. Trunk Storm Sewer Area Charge 48,682.00 C. Environmental Resources Fee 1,079.88 D. City Base Map Updating Fee 90.00 E. City Engineering Administration (3% for letters of credit or 3.25% for alternate disbursement) 6,315.00 TOTAL CASH REQUIREMENTS $90,554.59 32. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all reasonable, Cedar and Dodd Retail Second Addition 202054v22 12 actual, out-of-pocket 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 actually pay or incur in consequence of such claims, including attorneys' fees; provided, however that the City shall use commercially reasonable efforts to mitigate its damages and shall immediately notify Developer of any claims against it, so Developer may properly and timely defend against the same. 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 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. Additionally, the Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. E. In addition to the charges referred to herein, other charges may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 33. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, and where such default continues for ten (10) days after notice and demand for cure (except where a shorter cure period is expressly provided for in this Contract, and except in the event of an emergency posing an imminent threat to persons or property), the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order Cedar and Dodd Retail Second Addition 202054v22 13 for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City shall notify Developer, and Developer shall promptly cause the plat to comply as specified by the City. In the event the Developer fails to promptly comply with the City’s requirements, the City may demand that the Developer cease work at the plat until compliance with law is achieved. B. Third parties shall have no recourse against the City or Developer under this Contract, as there are no third party beneficiaries hereto. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits. 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. 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, which acceptance shall not be unreasonably withheld, conditioned or delayed. F. 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 failure by either party to promptly take legal action to enforce this Contract shall not be a waiver or release. Cedar and Dodd Retail Second Addition 202054v22 14 G. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, the City covenants to provide a recordable Certificate of Completion and Release within ten (10) days of a request by Developer, provided that the work and responsibilities required herein are completed, all costs and fees required have been paid and Developer is in full compliance with all terms of the Contract. The Developer covenants with the City, its successors and assigns, that at the time this Contract is recorded, 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 finally platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. H. Insurance. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor 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, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Cedar and Dodd Retail Second Addition 202054v22 15 Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. I. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general Cedar and Dodd Retail Second Addition 202054v22 16 contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. 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. J. 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, until the City’s issuance of a Certificate of Completion and Release. K. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. L. Should the Developer convey the subject lot to a third party prior to substantial completion of the improvements, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development, at any time after such transfer; provided, that such amendments or other agreements shall not be binding on Developer. Private agreements between the owners of lots within the Development for shared Cedar and Dodd Retail Second Addition 202054v22 17 service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 35. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Ryan Companies US, Inc., C/O Ann Duginske, 533 Third Street, Suite 100, Minneapolis, MN 55415. 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.] Cedar and Dodd Retail Second Addition 202054v22 18 CITY OF LAKEVILLE BY: ___________________________________________ Douglas P. Anderson, Mayor (SEAL) AND __________________________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2019, by Douglas P. Anderson 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 Cedar and Dodd Retail Second Addition 202054v22 20 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Cedar And Dodd Retail Second Addition Outlot B, Cedar and Dodd Retail Addition, according to the recorded plat thereof, and situate in Dakota County, Minnesota. Abstract and Torrens Property Note: The Torrens portion being more particularly described as follows: That part of Outlot B, CEDAR AND DODD RETAIL ADDITION, according to the recorded plat thereof, lying within the Northwest Quarter of Section Ten (10), Township One hundred fourteen (114), Range Twenty (20) and lying South the former centerline of Dodd Road, more particularly described as: Beginning at the Southwest corner of the Northwest Quarter (NW1/4), Section Ten (10), Township One hundred fourteen (114), Range Twenty (20); running thence East along the South line thereof a distance of 2652.48 feet to the center of said Section Ten (10); thence North on the Quarter section line to the centerline of said Dodd Road; thence Southwesterly along said centerline 3318.69 feet to the point on the West line of said Northwest Quarter (NW1/4); thence South along the West line 11.25 feet to the point of beginning. The registered portion of the property is evidenced by Certificate of Title No. 174179. 202054v22 Page 1 of 2 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, 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. Dated this _____ day of ____________, 2019. ______________________________________ ______________________________________ STATE OF MINNESOTA ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2019, by _______________________ the _____________________________________ of ____________________________________, a _________________________________________ on behalf of said _______________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 AMP/smt 202054v22 Page 1 of 2 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT HY-VEE, INC., an Iowa corporation, fee owner of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this _____ day of ____________, 2019. By: ______________________________________ Its: ______________________________________ STATE OF IOWA ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2019, by ___________________________, the ______________________________ of Hy-Vee, Inc., an Iowa corporation on behalf of said corporation. ________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 AMP/smt 1 City of Lakeville Planning Department Memorandum To: Daryl Morey, Planning Director From: Kris Jenson, Associate Planner Date: May 3, 2019 Subject: Cedar Dodd Retail Second Addition Final Plat Application Action Deadline: May 20, 2019 INTRODUCTION Ryan Companies US, Inc. has submitted an application and plans for the final plat of Cedar and Dodd Retail Second Addition, which includes one commercial lot located at the northwest corner of Cedar Avenue (CSAH 23) and Dodd Boulevard (CSAH 9). The Cedar and Dodd Retail Addition preliminary and final plat was approved by the City Council on at their July 17, 2017 meeting. A revised Cedar and Dodd Retail Addition final plat was approved on September 17, 2018. The Cedar and Dodd Retail Second Addition final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering staff. EXHIBITS A. Aerial Location Map B. Approved Preliminary Plat C. Site Layout D. Final Plat E. Plat Commission letter PLANNING ANALYSIS Zoning. Lot 1, Block 1, Cedar and Dodd Retail Second Addition is zoned C-3, General Commercial District. Existing Conditions. The Cedar and Dodd Retail Second Addition final plat area consists of one outlot, Outlot B, Cedar and Dodd Retail Addition. 2 Lot Area. The minimum lot size in the C-3 District is 20,000 square feet. The lot meets the minimum size requirement of the C-3 District. Lot Width. The minimum lot width in the C-3 District is 100 feet. The lot meets the minimum lot width requirement of the C-3 District. Setbacks. Setback requirements for the C-3 District is outlined below: Front Side (Interior) Side (Corner) Rear C-3 30 feet 10 feet 30 feet 10 feet The proposed building pad meets the minimum setback requirements for the C-3 District. Access. Cedar and Dodd Retail Second Addition will have access from the private drive along the west lot boundary. Streets & Right-of-Way. Cedar and Dodd Retail Second Addition is adjacent to the following streets: Cedar Avenue (CSAH 23) is a four lane divided minor arterial roadway located west of the plat. There are 10 foot wide trails on both sides of Cedar Avenue. Right of way for Cedar Avenue was dedicated with the Cedar and Dodd Retail Addition final plat and no additional right of way is required to be dedicated. Plat Commission. The Dakota County Plat Commission reviewed and recommended approval of the final plat at their April 8, 2019 meeting. Park Dedication. The City’s 2015 Parks, Trail, and Open Space Plan does not identify a park need within the proposed plat area. The park dedication requirement will be satisfied by a cash fee as required by Section 10-4-8 of the Subdivision Ordinance. Tree Inventory. There are no significant trees within the Cedar and Dodd Retail Second Addition plat boundary. Wetlands. There are no wetlands within the area of the Cedar and Dodd Retail Second Addition final plat. Landscaping. The landscape plan includes foundation and parking lot island and perimeter plantings as well in-ground irrigation of the site. An escrow of $134,216.50 must be submitted with the final plat Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans, which are is discussed in more detail in the May 3, 2019 engineering report. Subdivision Identification Sign. The developer is not proposing a subdivision identification sign within this phase of the final plat. 3 RECOMMENDATION The Cedar and Dodd Retail Second Addition final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Planning Department staff recommends approval of the Cedar and Dodd Retail Second Addition final plat subject to the following conditions: 1. The recommendations listed in the May 3, 2019 engineering report. 2. Park dedication requirement is required to be paid prior to the release of the final plat mylars. 3. Landscaping shall be installed according to the approved landscape plan. A financial security in the amount of $134,216.50 shall be submitted prior to release of the final plat mylars to guarantee installation of the landscaping. ±CEDAR AVECedar and Dodd Retail Second Addition Plat Area D O D D B L V D GLACIER WAY G L A S G O W A V E Cedar and Dodd Retail Seond Addition Final Plat area City of Lakeville Aerial Map EXHIBIT A PID# 22813010101017297 GLACIER WAYROSEMOUNT, MN 55068EXISTING ZONING CLASSIFICATION:RS-3 SINGLE FAMILY RESIDENTIALDISTRICTLAKEVIEW FAMILY HOUSING ADDITIONGLACIER WAYROSEMOUNT, MN 55068EXISTING ZONING CLASSIFICATION:PUD PLANNED UNIT DEVELOPMENTPID# 2 2 1 8 6 2 0 0 1 0 1 0 1742 0 D O D D B O U L E V A R D ROS E M O U N T , M N 5 5 0 6 8 EXIS T I N G Z O N I N G C L A S S I F I C A T I O N : PUD P L A N N E D U N I T D E V E L O P M E N T PI D # 2 2 1 8 6 0 0 0 1 0 6 0 1 7 5 0 2 - 1 7 5 1 2 D O D D B O U L E V A R D R O S E M O U N T , M N 5 5 0 6 8 E X I S T I N G Z O N I N G C L A S S I F I C A T I O N : P U D P L A N N E D U N I T D E V E L O P M E N TGLACIER WAYCSA H 9 ( D O D D B O U L E V A R D ) CSAH 23 (CEDAR AVE) PID# 2 2 1 8 6 2 0 0 1 0 2 0 1745 0 D O D D B O U L E V A R D ROS E M O U N T , M N 5 5 0 6 8 EXIS T I N G Z O N I N G C L A S S I F I C A T I O N : PUD P L A N N E D U N I T D E V E L O P M E N T PID # 2 2 1 8 6 0 0 0 1 0 5 0 1 7 5 1 6 DODD BOU LEVARDROSEMOUNT, MN 5 5 0 6 8EXIST ING ZON ING C LASS IF ICAT ION :PUD P LANNED UN IT DEVE LOPMENT PID# 22186000104017533 DODD BOULEVARDROSEMOUNT, MN 55068EXIST ING ZON ING CLASS IF ICAT ION :PUD PLANNED UN IT DEVELOPMENT PROPOSED SCREENING OF DOCK AREA PROPOSED SCREENING OF DOCK AREA EXISTING ZONING CLASSIFICATION: C-3 GENERAL COMMERCIAL DISTRICTS89° 31' 23.05"W299.843'L=133.686,R=302.047D=25.3591GLACIER WAYCSA H 9 ( D O D D B O U L E V A R D ) CSAH 23 (CEDAR AVE)GLASGOWAVENUEOUTLOT A ±0.84 AC. BLDG # 2 PROPOSED OFFICE (2-STORY) ±44,000 SF FFE: 1024.0' LOT 2 ±4.47 AC. PRIVATE DRIVE LOT 1 BLOCK 1 ±3.91 AC. CEDAR AVENUE ROW DEDICATION ± 2.11 AC BLDG # 3 PROP. RETAIL/RESTAURANT ±6,040 SF FFE: 1019.0' LOT 3 ±1.71 AC LOT 4 ±1.95 AC BLDG # 4 PROP. RETAIL ±10,000 SF FFE: 1010.0' NORTH FOREBAY BL D G # 1 FU E L S T A T I O N / R E T A I L ±8, 7 0 0 S F FFE : 1 0 0 2 . 7 'L=65.626,R=275.139D=13.6662L=212.013,R=598.289D=20.3037N57° 10' 04.90"W33.012'N2° 16' 08.40"E 35.428' SOUTH FOREBAY SOUTH FILTRATION BASIN NORTH FILTRATION BASIN- EAST CELL ∆ ∆ ∆ ∆GLACIER WAY ROWDEDICATION ±0.81 AC.SHEET NUMBER 2017 KIMLEY-HORN AND ASSOCIATES, INC.2550 UNIVERSITY AVENUE WEST, SUITE 238N, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COM©CEDAR AND DODDRETAIL ADDITIONLAKEVILLE, MNPRELIMINARY - NOT FOR CONSTRUCTIONNORTHEXISTING LEGAL DESCRIPTION SEE PROVIDED ALTA SURVEY. ENGINEER: KIMLEY-HORN AND ASSOCIATES, INC. PREPARED BY: MICHAEL C. BRANDT 2550 UNIVERSITY AVE W, SUITE 238 N ST. PAUL, MN 55114 TELEPHONE (651) 643-0428 PROPOSED LEGAL DESCRIPTION LOT 1 BLOCK 1 CEDAR AND DODD RETAIL ADDITION LOT 2 BLOCK 1 CEDAR AND DODD RETAIL ADDITION LOT 3 BLOCK 1 CEDAR AND DODD RETAIL ADDITION LOT 4 BLOCK 1 CEDAR AND DODD RETAIL ADDITION OWNER / DEVELOPER HY-VEE, INC. 5820 WESTTOWN PARKWAY WEST DES MOINES, IOWA 50266 CONTACT: RANDY DOWNS TELEPHONE: (515) 267-2800 PP1.0CEDAR DODD RETAILPRELIMINARY PLATSITE SUMMARY EXISTING ZONING C-3 GENERAL COMMERCIAL PARCEL ACREAGE LOT 1 BLOCK 1 ±3.91 AC LOT 2 ±4.47 AC LOT 3 ±1.71 AC LOT 4 ±1.95 AC OUTLOT A ±0.84 AC CEDAR AVE ROW DEDICATION ±2.11 AC GLACIER AVE ROW DEDICATION ±0.81 AC TOTAL ±15.80 AC SURVEYOR WESTWOOD PROFESSIONAL SERVICES 7699 ANAGRAM DRIVE EDEN PRAIRIE, MN 55344 CONTACT: TELEPHONE: (952) 937-5150 EXHIBIT C TWO-STORY 47,162± GSF PROPOSED BUILDING R:\Projects\700\700\700-748 Lakeville MOB\CIVIL\_dwg Sheet Files\C300 SITE PLAN.dwgR:\Projects\700\700\700-748 Lakeville MOB\CIVIL\_dwg Sheet Files\C300 SITE PLAN.dwgSITE NOTES: ZRJ ATA 700748 4/16/2019 C300 SITE PLAN RESUBMITTAL SITE PLAN 1 2 ---- ---- ---- ---- 03/15/2019 04/16/2019 ---- ---- ---- ---- SITE PLAN REVIEW SITE PLAN RESUBMITTAL ---- ---- ---- ---- SCALE IN FEET 40 800 N LEGEND: EXISTING PROPOSED PROPERTY BOUNDARY CURB EASEMENT BITUMINOUS HEAVY DUTY BITUMINOUS CONCRETE CHAIN LINK FENCE HIGH WATER LEVEL NORMAL WATER LEVEL WETLAND / BUFFER BLOCK RETAINING WALL STONE RETAINING WALL LOT/TRACT LINE GRAVEL TREE LINE STREET LIGHT SIGN BOLLARD WOOD FENCE PROPERTY CORNER DECIDUOUS TREE CONIFEROUS TREE WELL BUILDING SETBACK LINE PARKING SETBACK LINE RAILROAD TRACKS ADA ROUTE TIP OUT FRONT YARD SIDE YARD REAR YARD BUILDING SETBACK PARKING SETBACK 30'15' 30'15' 10'10' REG. PARKING STALLS HANDICAP PARKING EXISTING PROPOSED 0 222 0 7 TOTAL PARKING STALLS 0 229 1 SPACE FOR EACH 200 SF OF FLOOR AREA (GFA OF BUILDING MINUS 10% FOR CALCULATION OF REQUIRED STALLS PER USE) ZONING PERVIOUS AREA IMPERVIOUS AREA PERCENT IMPERVIOUS EXISTING APPROVED C-3 C-3 4.28 AC 1.33 AC 0.19 AC 3.14 AC 4.3%70.2% 5 SF OF INTERIOR LANDSCAPE MUST BE PROVIDED PER 100 SF OF OFFSTREET PARKING. LANDSCAPE ISLANDS SHALL BE A MINIMUM OF 9' IN ANY DIRECTION FROM BACK OF CURB TO BACK OF CURB WITH A MINIMUM AREA OF 160 SF. MAXIMUM BUILDING HEIGHT = 35 FT POWER POLE FLAG POLE TRUNCATED DOME CURB STOP BENCHMARK WWW.RYANCOMPANIES.COM RYAN A+E, INC. 533 South Third Street, Suite 100 Minneapolis, MN 55415 612-492-4000 tel 612-492-3000 fax CONSULTANTS OWNER REGISTRATION NO. DATE Name I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota © 2019 RYAN A+E, INC. DRAWN BY CHECKED BY JOB NO.DATE PROJECT INFORMATION ISSUE RECORD ISSUE # DATE DESCRIPTION 42340 XX/XX/XXXX JARED OLSON 17380 CEDAR AVE LAKEVILLE, MN 55044 RYAN COMPANIES LAKEVILLE MOB PROPOSED C-3 1.66 AC 2.81 AC 62.9% 1. ALL TEMPORARY AND PERMANENT SITE SIGNAGE, STRIPING, AND TRAFFIC CONTROL DEVICES SHALL BE IN CONFORMANCE WITH THE CURRENT MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD). 2. CONTRACTOR SHALL PAINT ALL STALLS, ACCESSIBLE STALLS, LOGOS AND CROSS HATCH LOADING AISLES WITH WHITE PAVEMENT MARKING PAINT, 4" IN WIDTH. 3. CONTRACTOR SHALL PAINT ANY/ALL DIRECTIONAL TRAFFIC ARROWS, AS SHOWN, IN WHITE PAINT. 4. ALL SIGNAGE SHALL INCLUDE POST, CONCRETE FOOTING AND STEEL CASING WHERE REQUIRED. 5. ALL SIGNAGE NOT PROTECTED BY CURB, LOCATED IN PARKING LOT OR OTHER PAVED AREAS TO BE PLACED IN STEEL CASING, FILLED WITH CONCRETE AND PAINTED YELLOW. REFER TO DETAIL. 6. ANY/ALL STOP SIGNS TO INCLUDE A 24" WIDE PAINTED STOP BAR IN WHITE PAINT, PLACED AT THE STOP SIGN LOCATION, A MINIMUM OF 4' FROM CROSSWALK IF APPLICABLE. ALL STOP BARS SHALL EXTEND FROM DIRECTIONAL TRANSITION BETWEEN LANES TO CURB. 7. ALL SIGNS TO BE PLACED 18" BEHIND BACK OF CURB UNLESS OTHERWISE NOTED. SIGNAGE AND STRIPING NOTES 1. CONTRACTOR SHALL FIELD VERIFY THE LOCATIONS AND ELEVATIONS OF EXISTING CONDITIONS. THIS WOULD INCLUDE ALL EXISTING UTILITIES AND TOPOGRAPHIC FEATURES. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER OF ANY DISCREPANCIES OR VARIATIONS FROM THE PLANS. 2. ALL DIMENSIONS SHOWN ARE TO FACE OF CURB, FACE OF BUILDING, EDGE OF PAVEMENT, OR TO PROPERTY LINE, UNLESS OTHERWISE NOTED. 3. ALL PAVING, CONCRETE CURB, GUTTER AND SIDEWALK SHALL BE FURNISHED AND INSTALLED IN ACCORDANCE WITH THE DETAILS SHOWN PER THE CIVIL DETAILS AND STATE/LOCAL JURISDICTION REQUIREMENTS. 4. ACCESSIBLE PARKING AND ACCESSIBLE ROUTES SHALL BE PROVIDED PER CURRENT ADA STANDARDS AND LOCAL/STATE REQUIREMENTS. 5. TYPICAL FULL SIZED PARKING STALL IS 9.0' X 20.0' UNLESS OTHERWISE NOTED. PARKING EDGES TYPICALLY CONSIST OF 9.0' X 18.0' STALLS SINCE 2.0' OF OVERHANG IS ASSUMED. 6. ALL RADII ARE TO GUTTER LINE OR PAVEMENT EDGE UNLESS OTHERWISE NOTED. 7. ALL CONCRETE CURB AND GUTTER RADII SHALL BE 4.5' UNLESS OTHERWISE NOTED. 8. ALL CURB TERMINI TO HAVE A 2.0' TAPER UNLESS OTHERWISE NOTED. 9. SITE LIGHTING DESIGN PROVIDED BY OTHERS HY-VEE PLANS Dakota County Surveyor’s Office Western Service Center  14955 Galaxie Avenue  Apple Valley, MN 55124 952.891-7087  Fax 952.891-7127  www.co.dakota.mn.us April 8, 2019 City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Re: CEDAR AND DODD RETAIL SECOND ADDITION The Dakota County Plat Commission met on April 1, 2019, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CSAH 9 (Dodd Blvd.) and CSAH 23 (Cedar Ave.), and is therefore subject to the Dakota County Contiguous Plat Ordinance. This is a replat of Outlot B, CEDAR AND DODD RETAIL ADDITION. No changes to the existing right of way. Access to the site will be from CSAH 9 (Dodd Blvd). Restricted access is shown along all of CSAH 23 and CSAH 9 except for one access opening across from Glascow Avenue. A quit claim deed for restricted access to Dakota County is required along CSAH 9 except for the approved opening. As noted from the Plat Commission meeting on 5/30/17 regarding the review of the underlying plat: with the future turn back of CSAH 9, the City and developer would like to construct a ¾-access at the CSAH 9/Glascow Avenue intersection. With the City taking over CSAH 9 in the future, the Plat Commission was open to the ¾-access; however, the Transportation/Traffic Department requires approval of the geometric design for the ¾-intersection. The Plat Commission has approved the preliminary plat provided that the described conditions are met, and reviewed the final plat and recommends approval to the County Board of Commissioners provided that the described conditions are met. Traffic volumes on CSAH 9 and CSAH 23 are 12,200 and 29,000 ADT, respectively, and are anticipated to be 15,000 and 37,000 ADT by the year 2030. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Butch McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: City of Lakeville Public Works – Engineering Division Memorandum To: Kris Jenson, Associate Planner From: Christina Orlowsky, Civil Engineer McKenzie L. Cafferty, Environmental Resources Manager John Hennen, Parks and Recreation Director Copy: Zach Johnson, City Engineer Jerilyn Erickson, Finance Director Gene Abbott, Building Official Dave Olson, Community and Economic Development Director Date: May 3, 2019 Subject: Cedar and Dodd Retail Second Addition • Final Plat Review • Site Plan Review • Final Grading and Erosion Control Plan Review • Final Utility Plan Review BBAACCKKGGRROOUUNNDD Ryan Companies US, Inc. has submitted a final plat named Cedar and Dodd Retail Second Addition, and site plans to construct a two-story medical office building on Lot 1, Block 1, Cedar and Dodd Retail Second Addition. This is the final plat of Outlot B of the Cedar and Dodd Retail Addition preliminary plat approved by the City Council at their September 17, 2017 meeting. The proposed development is located east of and adjacent to Cedar Avenue (CSAH 23), northwest of and adjacent to Dodd Boulevard (CSAH 9), and south of Glacier Way. The parent parcel consists of Outlot B, Cedar and Dodd Retail Addition zoned C-3, General Commercial District (PID Nos. 221658000020). The final plat consists of one lot within one block on 4.47 acres. The proposed development will be completed by: Developer: Ryan Companies US, Inc. Engineer/Surveyor: Ryan A+E, Inc./Westwood Professional Services CCEEDDAARR AANNDD DDOODDDD RREETTAAIILL SSEECCOONNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 33,, 22001199 PPAAGGEE 22 OOFF 77 SSIITTEE CCOONNDDIITTIIOONNSS The existing site contains vacant agricultural land and stock piles along the south and west portion of the property. An existing overhead transmission line is located along the south side of the parcel within a private easement. Existing storm sewer service stubs were extended to the property with construction of the private roadway east of the parcel with the Cedar and Dodd Retail Addition final plat improvements. EEAASSEEMMEENNTTSS Several existing easements exist on the parent parcels. The following easements shall remain on the parent parcel: • Drainage and utility easement in favor of City of Lakeville per the Cedar and Dodd Retail Addition final plat • Transmission line easement per Doc. Nos. 1513638 and 2290088 • Trail, drainage, and utility easement per Doc. No. 2880424 • Stormwater management/best management practice facilities easement agreement per Doc. No. 3286885 SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT Cedar Avenue (CSAH 23) Cedar and Dodd Retail Second Addition is located east of and adjacent to Cedar Avenue, a minor arterial County roadway as identified by the City’s Transportation Plan. Dakota County controls the right-of-way requirements and access locations along Cedar Avenue. Cedar Avenue is currently constructed as a four-lane divided urban roadway adjacent to the plat. A ten-foot wide bituminous trail is located along both sides of Cedar Avenue. The current Dakota County Plat Needs Map dated April 16, 2013 identifies Cedar Avenue as a six-lane divided roadway with 100-feet of half right-of-way. The final plat was reviewed and recommended for approval by the Dakota County Plat Commission at its April 8, 2019 meeting. No additional right-of-way dedication is required with the final plat. No access is proposed from the site directly onto Cedar Avenue. Dodd Boulevard (CSAH 9) Cedar and Dodd Retail Second Addition is located northwest of and adjacent to Dodd Boulevard. Dodd Boulevard is currently under the jurisdiction of Dakota County, and is identified in the City’s Transportation Plan as a major collector. Dodd Boulevard will ultimately be turned-backed to the City following the extension of 179th Street from its current terminus east to Pilot Knob Road, as identified in the Dakota County East-West Corridor Preservation Study completed in 2003. The current Dakota County Plat Review Needs Map indicates a 75-foot wide half right-of-way requirement and designates this roadway as a future four-lane divided urban roadway along the entire length of the plat. No additional right-of-way dedication is required with the final plat. CCEEDDAARR AANNDD DDOODDDD RREETTAAIILL SSEECCOONNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 33,, 22001199 PPAAGGEE 33 OOFF 77 Private Roadway A privately owned and maintained roadway is to be constructed within the interior of the Cedar and Dodd Retail Addition site between Glacier Way and Dodd Boulevard adjacent to the parent parcel. The private roadway will be constructed with the Cedar and Dodd Retail Addition final plat improvements as a 3/4 access at the Dodd Boulevard (CSAH 9) and Glasgow Avenue intersection. SSIITTEE PPLLAANN The development of Lot 1, Block 1, Cedar and Dodd Retail Second Addition includes the construction of a two-story medical office building, utilities and associated parking. Access to the site will be from a single driveway connecting to the interior private roadway. The driveway design must include commercial concrete driveway aprons, stop signs and stop bars. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility, and building construction shall be from a single rock construction entrance on the privately owned and maintained roadway within the site between Glacier Way and Dodd Boulevard as shown on the Erosion Control Plan. PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS The Developer shall construct a privately owned and maintained sidewalk with a connection to the existing 10-foot wide trail along the east side of Cedar Avenue. The Developer must obtain a right-of-way permit for the improvements within the County right-of-way. The Park Dedication requirement for the parent parcel has not been paid and will be satisfied through a cash contribution with the final plat, calculated as follows: 4.47 acres x $7,693.00 = $34,387.71 Acres of Lot 1, Block 1 Commercial Park Dedication Rate Total Required with the final plat UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Cedar and Dodd Retail Second Addition is located within subdistrict NC-20490 of the North Creek sanitary sewer district as identified in the City’s Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing sanitary sewer to the Empire Treatment Facility. The downstream facilities have sufficient capacity to serve the proposed commercial development. CCEEDDAARR AANNDD DDOODDDD RREETTAAIILL SSEECCOONNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 33,, 22001199 PPAAGGEE 44 OOFF 77 6-inch privately owned and maintained sanitary sewer will be extended from an existing sanitary sewer service to provide service to the proposed building. Approximately 20-feet of the existing private sanitary sewer service extended to the parcel will be removed prior to connection. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and shall be collected with the Building Permit Application. The Sanitary Sewer Availability Charge will be calculated at the rate in effect at the time of approval of the Building Permit Application, as determined by the City’s Building Official. WWAATTEERRMMAAIINN An 8-inch privately owned and maintained water service will be extended from a private 8- inch water service to provide service to the proposed building. Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City staff with the building permit applications and final construction plans. OOVVEERRHHEEAADD LLIINNEESS Overhead transmission utility lines and poles are located on the southern plat boundary. Consistent with the City’s Public Ways and Property Ordinance, the transmission lines are not required to be removed with the development improvements. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Cedar and Dodd Retail Second Addition is located within subdistrict NC-34 of the North Creek stormwater district and FO-3 of the Farmington stormwater district as identified in the City’s Water Resources Management Plan. A privately owned and maintained stormwater management basin is to be constructed on the parent parcel with the Cedar and Dodd Retail Addition final plat improvements designed to treat the stormwater runoff from Lot 1, Block 1, Cedar and Dodd Retail Second Addition. The Developer of Cedar and Dodd Retail Addition has signed a private maintenance agreement for the basins and dedicated a maintenance easement over the basin area. The stormwater management basin shall be constructed prior to issuance of a Certificate of Occupancy for Lot 1, Block 1, Cedar and Dodd Retail Second Addition. Following completion of the site improvements and restoration, the Developer of Cedar and Dodd Retail Addition shall conduct two double ring infiltrometer tests (per filtration basin) in the location of the filtration basins to demonstrate that the design infiltration rates have been achieved. The Developer has provided a $5,000 security to ensure that this testing is completed. The testing must be completed prior to the issuance of a Certificate of Occupancy. The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings CCEEDDAARR AANNDD DDOODDDD RREETTAAIILL SSEECCOONNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 33,, 22001199 PPAAGGEE 55 OOFF 77 placed on fill material are appropriately constructed. Building Certificate of Occupancies will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. Cedar and Dodd Retail Second Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. SSTTOORRMM SSEEWWEERR Development of Cedar and Dodd Retail Second Addition includes the construction of a private storm sewer system. Private storm sewer constructed within the lot will convey runoff to the proposed on-site privately owned and maintained stormwater management basin constructed with the Cedar and Dodd Retail Addition final plat improvements. The Trunk Storm Sewer Area Charge has not been collected and will be required to be paid with the final plat. The Trunk Storm Sewer Area Charge is calculated as follows: 194,728.00 sf x $0.250 = $48,682.00 Area of Lot 1, Block 1 Commercial Area Charge Total Required with the final plat Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the building permit application and final construction plans. FEMA FLOODPLAIN ANALYSIS Cedar and Dodd Retail Second Addition is located within areas shown on the Flood Insurance Rate Map (FIRM) as Zone X, as determined by FEMA. Based on this designation, no areas within the plat are located within a Special Flood Hazard Area (SFHA). WWEETTLLAANNDDSS The wetland delineation for the site was conducted on 08/23/2016 by Kimley Horn and Associates. Three wetlands were identified within the project boundaries. The Notice of Application was sent out 12/13/2016. No comments were received during the comment period. Based on the information provided in the report dated October 2016 and site visit, the wetland delineation for the area outlined in the report has been determined to be acceptable for use in implementing the Wetland Conservation Act. A No Loss application was received on May 15, 2017. Based on the information provided in the application, the wetlands on the site were created due to changes in alignment of Dodd Boulevard. A No-Loss was approved for the site May 30, 2017. CCEEDDAARR AANNDD DDOODDDD RREETTAAIILL SSEECCOONNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 33,, 22001199 PPAAGGEE 66 OOFF 77 It is the applicant’s responsibility to obtain proper wetland approvals from the U.S. Army Corps of Engineers. TTRREEEE PPRREESSEERRVVAATTIIOONN There are no significant trees located on the site. EERROOSSIIOONN CCOONNTTRROOLL The plans include a detailed erosion and sediment control plan. The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Developer. An on-site preconstruction meeting shall be held with the City prior to the issuance of a building permit. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Cedar and Dodd Retail Second Addition. The security is based off an estimate provided by the Developer’s Engineer dated April 16, 2019. CONSTRUCTION COSTS Erosion Control and Grading Certification $210,500.00 SUBTOTAL - CONSTRUCTION COSTS $210,500.00 OTHER COSTS Developer’s Design (3.0%) $6,315.00 Developer’s Construction Survey (2.5%) 5,252.50 City’s Legal Expense (0.5%) 1,052.50 City Construction Observation (5.0%) 10,525.00 Developer’s Record Drawing (0.5%) 1,052.50 Landscaping 134,216.50 Lot Corners/Iron Monuments 100.00 SUBTOTAL - OTHER COSTS $158,514.00 TOTAL PROJECT SECURITY $ 369,014.00 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 $100.00. 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. CCAASSHH FFEEEESS A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat approval and is calculated as follows: CCEEDDAARR AANNDD DDOODDDD RREETTAAIILL SSEECCOONNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAAYY 33,, 22001199 PPAAGGEE 77 OOFF 77 496.06 lf x $.2551/ff/qtr. x 4 qtrs. = $506.18 Dodd Boulevard Frontage Streetlight Operating Fee Total A cash fee for one-year of environmental resources expenses shall be paid at the time of final plat approval and is calculated as follows: 4.47 acres x $14.38/unit/qtr. x 4.2 x 4 qtrs. = $1,079.88 Acres of Lot 1, Block 1 Environmental Resources Fee Utility Factor A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid at the time of final plat approval and is calculated as follows: 1 units x $90.00/unit = $90.00 Lots/Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. The Developer shall also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration will be based on three percent (3.00%) of the estimated construction cost, or $6,315.00. CASH REQUIREMENTS Park Dedication Fee Trunk Storm Sewer Area Charge $ 34,387.71 48,682.00 Streetlight Operating Fee 506.18 Environmental Resources Fee 1,079.88 City Base Map Updating Fee 90.00 City Engineering Administration (3.00%) 6,315.00 TOTAL - CASH REQUIREMENTS $91,060.77 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the final plat, conditional use permit, site plan, grading and erosion control plan, and utility plan for Cedar and Dodd Retail Second Addition, subject to the requirements and stipulations within this report.