HomeMy WebLinkAboutItem 06.j
Date: Item No.
NORTH CREEK FINAL PLAT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving the
North Creek final plat.
Overview
KJ Walk Inc. has submitted a final plat application for 33 single family lots, 42 detached townhome
lots, and five outlots on 87.78 acres of land located east of Pilot Knob Road (CSAH 31) and south
of 173rd Street. The North Creek preliminary plat of 142 lots was approved by the City Council on
June 17, 2019. The North Creek final plat is consistent with the approved preliminary plat.
Primary Issue to Consider
None
Supporting Information
• Resolution approving the North Creek final plat
• Signed development contract
• August 9, 2019 Planning and Engineering Reports
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: Zoning & Subdivision Ordinances
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Kris Jenson, Associate Planner
August 19, 2019
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 19-______
RESOLUTION APPROVING THE FINAL PLAT OF NORTH CREEK
WHEREAS, the owner of the property described as NORTH CREEK has requested final plat
approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks,
Recreation and Natural Resources Committee and approved by the City Council; and
WHEREAS, the final plat is consistent with the preliminary plat; and
WHEREAS, the final plat is acceptable to the City;
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. NORTH CREEK final plat is approved subject to the development contract and
security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development contract
and the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
2
ADOPTED by the Lakeville City Council this 19th day of August 2019.
CITY OF LAKEVILLE
Douglas P. Anderson, Mayor
ATTEST:
_______________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. _________is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 19th day of August 2019 as shown by the minutes of
said meeting in my possession.
__________________________
Charlene Friedges
City Clerk
(SEAL)
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
NORTH CREEK
CONTRACT dated ____________________, 2019, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and KJ WALK, INC., a Florida corporation (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for NORTH CREEK (referred to in this Contract as the "plat"). The land is situated in the County of Dakota,
State of Minnesota, and is legally described in 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 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 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
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) the necessary insurance for the Developer and its
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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. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City’s
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the
plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
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Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
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
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and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on
a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions
received from the City’s inspectors. The Developer’s engineer shall provide for on-site project
management. The Developer’s engineer is responsible for design changes and contract administration
between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a
pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the
City staff, to review the program for the construction work. Within thirty (30) days after the completion of
the improvements and before the security is released, the Developer shall supply the City with a complete
set of reproducible “as constructed” plans and an electronic file of the “as constructed” plans in an
AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
C. MnDot for Work in Right-of -Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
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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, 2020, 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. The City may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City’s current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City, 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
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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.
The Developer is responsible for obtaining an MPCA Construction Permit for the site as well as
developing a SWPPP for the site prior to construction. The permit requires that all erosion and sediment
BMPS be clearly outlined in a site’s SWPPP. Changes made throughout construction should be
documented in the SWPPP. The SWPPP for the site must be updated to reflect the new MPCA
Construction Permit. The SWPPP must be reviewed and approved prior to any land disturbance. The
Developer is responsible for the establishment/maintenance of native vegetation within outlots that
contain ponding or buffer areas per the 2014 MnDOT Seeding Manual.
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.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B” . The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits (except 3
model home permits on lots acceptable to the Building Official), the Developer shall provide the City with
an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water
treatment/infiltration basins and swales, have been constructed on public easements or land owned by the
City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of
storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland
mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation
area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10-
3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on
file with the City and all erosion control measures are in place as determined by the City Engineer. The
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. The soils observation and testing report,
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including referenced development phases and lot descriptions, shall be submitted to the Building Official for
review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the
City to guarantee compliance with the erosion control and grading requirements and the submittal of an
as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control
security that is submitted with the building permit, an as-built certificate of survey for single family lots must
be submitted to verify that the final as-built grades and elevations of the specific lot and all building
setbacks are consistent with the approved grading plan for the development, and amendments thereto as
approved by the City Engineer, and that all required property monuments are in place. If the final grading,
erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work,
and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control
and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City.
North Creek 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.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in-house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and its engineer on status or
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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 five percent (5%) of the estimated
construction cost.
19. STORM SEWER. The Developer is eligible for a reimbursement that will be credited to
the Trunk Storm Sewer Area Charge per the Settlement Agreement referenced in Dakota County
document number 1197915 for the stormwater ponding on the North Creek final plat. The acreage
required for stormwater ponding is 1.90 acres, contained within Outlot A. The City and Developer have
reached an agreement that the fair market value of the land necessary for the ponding is $65,000.00 per
acre, resulting in a $123,500.00 reimbursement credited to the Trunk Storm Sewer Area Charge. The
cost of pond construction is $167,058.75 and will be credited to the Trunk Storm Sewer Area Charge.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and must be
paid by the Developer with the North Creek final plat calculated as follows:
Single Family Trunk Storm Sewer Area Charge Summary
Gross Area of North Creek 3,823,914.60 s.f.
Less Area of Outlot A (Stormwater Ponding) (-) 82,676.88 s.f
Less Area of Outlot B (Creek, Wetlands and Buffers, Future Park) (-) 323,607.24 s.f.
Less Area of Outlot C (Wetlands and Buffers) (-) 39,596.04 s.f
Less Area of Outlot D (Future Development) (-) 1,574,737.56 s.f
Less Area of Outlot E (Future Development) (-) 581,177.52 s.f
Less Area of Pilot Knob Road Right-of-way (-) 294,901.20 s.f
Total = 927,218.16 s.f.
927,218.16 s.f. x $0.178/s.f. = $165,044.83
Net Area of
North Creek
2019 Single Family
Area Charge
Total Trunk
Storm Sewer Area Charge
The Trunk Storm Sewer Area Charge for Outlots D and E will be collected at the time the outlots
are final platted into lots and blocks.
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The Developer will also receive a credit to the Trunk Storm Sewer Area Charge for conveying
Outlots B and C to the City, consistent with City policy calculated as follows:
8.34 acres x $5,500.00/acre = $45,870.00
Area of Outlots B and C Total Trunk
Storm Sewer Area Charge
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
20. SANITARY SEWER. The Developer shall connect sanitary sewer directly to the existing
Metropolitan Council trunk sanitary sewer manhole. The Developer shall obtain a Direct Connection
Permit from the Metropolitan Council for connection to the sanitary sewer.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and shall be
paid with the final plat. The fee is calculated as follows:
75 units x $327.00 = $24,525.00
Total Units 2019 Sanitary Sewer Availability Charge
Per Unit
Sanitary Sewer
Availability Charge required
21. WATERMAIN. The Lateral Watermain Access Charge is due for the portion of 12-inch
watermain within Pilot Knob Road right-of-way and shall be paid by the Developer upon final plat
approval. The Lateral Watermain Access Charge along the platted lots and Outlot B, is calculated as
follows:
501.99 l.f. x $41.00/l.f. = $20,581.59
Total frontage 2019 Lateral Watermain
Access Charge
Lateral Watermain Access
Charge Required
The remainder of the lateral watermain access charge will be collected at the time Outlots D and
E are final platted into lots and blocks at the rate in effect at the time of final plat.
22. OVERHEAD LINES. An overhead electric transmission line and poles are located along
the east side of Pilot Knob Road on the parent parcels servicing the existing house and farmstead. The
Developer shall remove the poles and place the utilities underground with the final plat, consistent with
the City’s Public Ways and Property Ordinance. The Developer shall post a security in the amount of
$30,000.00 upon final plat approval to ensure proper removal of poles and placement of utilities
underground.
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23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility,
and street construction shall be through a rock construction entrance on Encina Path south of 173rd
Street.
24. PARKS, TRAILS AND SIDEWALKS. The Developer shall construct public sidewalks
along the east side of Encina Path, the south and west sides of Ely Avenue, the north side of 175th
Street, and the west side of Elkwood Avenue. A 5-foot concrete sidewalk shall be constructed by the
Developer on the south side of 173rd Street and connect to the sidewalk to be constructed with Wild
Wings, the development to the east.
The parks and trails within North Creek are to be developed to allow for connection to other local
and regional facilities as part of the City’s overall Parks, Trails and Open Space System Plan. Consistent
with the City’s Parks Trails and Open Space Plan, the Developer shall post a $7,843.59 cash escrow
with the final plat for the Developer’s 5/8ths share of the future construction of a ten-foot trail along the
east side of Pilot Knob Road adjacent to the plat. The Developer shall construct the trail from 173rd
Street to 179th Street at the time Outlots D and E are final platted into lots and blocks.
The park dedication requirement for the parent parcels has not been collected and will be
satisfied through a combination of land dedication and cash. The total park area required with the final
plat is 4.91 acres, which is calculated as 12% of the net area of the property (excluding arterial right-of-
way and wetlands to remain) estimated as follows:
Gross Area of Final Plat 87.79 Acres
Less Pilot Knob Road Right-of-way 6.77 Acres
Less Wetland Area 3.92 Acres
Less Outlot D 36.15 Acres
Total Buildable Area 40.95 Acres
Land Dedication Requirement (12%) 4.91 Acres
The total park area estimated to be dedicated within the final plat is 3.06 acres. This satisfies an
estimated 62.32% or 76.03 lots of the required park dedication for the final plat. The park dedication
requirement for the remaining 37.68% or 45.97 lots is required to be paid with cash with future phase
final plats. Only the area outside of wetlands, wetland buffers, VRWJPO corridors and buffers,
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stormwater basins, and arterial road right-of-way is to be credited or compensated for park dedication
purposes.
25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The
Developer shall pay a cash fee in the amount of $5,450.00 for traffic control signs which is due with North
Creek. If the street signs are installed during frost conditions, the Developer shall pay an additional
$150.00 for each street sign location.
The Developer shall pay a cash fee for one-year of streetlight operating expenses at the time of
final plat approval and is calculated as follows:
75 units x $36.48/unit = $2,736.00
Dwelling Units 2019 Streetlight Operating Fee Total
26. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for
one-year of environmental resources management expenses at the time of final plat approval which is
calculated as follows:
75 units x $57.52/unit = $4,314.00
Single Family
Dwelling Units
2019 Environmental Resources
Management Fee
Total
27. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot
purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of
which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot
cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to
insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches
caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be
planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side
yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be
planted within sixty (60) days after a home has received a certificate of occupancy. Before a building
permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance
with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may
enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion
of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned
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to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good
quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for
twelve (12) months from the time of planting. The Developer or property owner is responsible for
contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent
(50%) of the security will be released when all the landscaping has been installed and inspected by City
staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and
any warranty work has been completed.
Landscaping shall be installed by the Developer in accordance with the approved landscape plan.
The Developer shall post a security in the amount of $17,400.00 at the time of final plat approval to
ensure that the landscaping is installed in accordance with the approved plan.
28. TREE PRESERVATION. A tree preservation plan has been submitted. The plan shows
a total of 306 significant trees within the site. The plan proposes to save 138 trees (45%). All “save”
trees that are damaged or removed will require replacement at a ratio of 2:1 as per the Lakeville
Subdivision Ordinance.
29. WETLANDS. The wetland delineation for the site was approved on April 11, 2018. The
delineation was completed by Kjolhaug Environmental Services. No wetland impacts are proposed with
the development. The Developer shall be responsible for the installation of the required Natural Area
signs. Final locations will be identified in the field. All buffer areas that were previously disturbed must
be seeded by the Developer with a native seed mix as is approved by the City and maintained and
managed by the Developer for 3 years or until established. A management plan including a schedule for
the establishment and a minimum of 3 years of maintenance must be submitted to the City for review
prior to issuance of any building permits. The Developer shall post a $15,000.00 security to ensure
proper establishment and maintenance of buffer areas .All required wetlands, creeks and buffers are
placed in City owned outlots.
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30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the August 9, 2019 Planning Report and
August 9, 2019 Engineering Report.
B. Before the City signs the final plat, the Developer shall convey Outlots A, B and C to the City by
warranty deed, free and clear of any and all encumbrances.
C. A Homeowners Association must be established for ownership and maintenance of Lots 20-34,
Block 2, Lots 4-11, Block 4, and Lots 1-22, Block 5. Homeowners Association Documents must
be submitted and are subject to review and approval by the City Attorney.
D. The Developer shall place a “Future Street Extension” sign and barricades at the west terminus
of 175th Street until it is extended in the future prior to issuance of a building permit.
E. The Developer shall install Natural Area signs along easement lines impacted by the 100-yr
Flood elevations. The Developer shall post a security in the amount of $1,200.00 upon final plat
approval to ensure proper installation of signs. Final locations will be identified in the field.
F. The Developer shall place a “Future Street Extension” sign and barricades at the south
terminus of Encina Path until it is extended in the future.
G. The Developer shall submit a $1,000.00 cash escrow with the building permits for Lots 1-3,
Block 1 to guarantee installation of the buffer rear yard sod to the rear property line. This
escrow will be in addition to the two trees/lot and front yard sod escrow required at the time of
building permit.
H. 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 $8,000.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 80
lots/outlots at $100.00 per lot/outlots. 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
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for a specific lot have either been found or set prior to the issuance of a building permit for that
lot.
I. 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 $7,200.00.
J. 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 $16,000.00 and consists of eleven (11) post-top lights at $1,200.00, and two
(2) mast arm lights at $1,400.00 each.
K. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g.,
grading, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
31. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security,
in the form attached hereto, from a bank ("security") for $1,835,501.18. 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:
A. Sanitary Sewer $310,734.80
B. Watermain 341,800.00
C. Storm Sewer 421,145.00
D. Street Construction 418,249.50
E. Street and Utility Erosion Control and Restoration 30,000.00
CONSTRUCTION SUB-TOTAL $1,521,929.30
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204299v5 15
The Developer provided the City with a security prior to submittal of the final plat application: for
Erosion Control, Stormwater Basins, Restoration, Grading and Grading Certification in the form of a
Letter of Credit to grade following City Council approval of the preliminary plat. An additional security is
required for erosion control of the street and utility construction. The amount previously securitized by
the existing LOC was removed from these security totals.
OTHER COSTS:
A. Developer’s Design (3.0%) $45,657.88
B. Developer’s Construction Survey (2.5%) 38,048.23
C. City Legal Expenses (Est. 0.5%) 7,609.65
D. City Construction Observation (Est. 5.0%) 76,096.47
E. Developer’s Record Drawings (0.5%) 7,609.65
F. Future Street Signs and Barricades 950.00
G. Removal of Overhead Utilities 30,000.00
H. Native Seeding and Maintenance (3yrs) within 15,000.00
Outlots A and B
I. Natural Area Signs 1,200.00
J. Landscaping 17,400.00
K. Street Lights 16,000.00
L. Lot Corners/Iron Monuments 8,000.00
OTHER COSTS SUB-TOTAL $263,571.88
TOTAL SECURITIES: $1,785,501.18
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank
shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5)
business days written notice to the Developer, for any violation of the terms of this Contract or without
notice if the security is allowed to lapse prior to the end of the required term. If the required public
improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may
also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the
default. Upon receipt of proof satisfactory to the City that work has been completed and financial
obligations to the City have been satisfied, with City approval the security may be reduced from time to
time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the
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204299v5 16
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.
32. 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. Sanitary Sewer Availability Charge 24,525.00
B. Trunk Storm Sewer Area Charge 165,044.83
C. Lateral Watermain Access Charge 20,581.59
D. Future Trail Escrow 7,843.59
E. Traffic Control Signs 4,500.00
F. Streetlight Operating Fee 2,736.00
G. Environmental Resources Management Fee 4,314.00
H. City Base Map Updating Fee 7,200.00
I. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement) 45,657.88
TOTAL CASH REQUIREMENTS $282,402.89
CREDITS TO THE CASH REQUIREMENTS
Outlots B and D (Conveyed to the City) (Trunk Storm Sewer) $45,870.00
Stormwater Ponding Area 123,500.00
Construction of Stormwater Pond 167,058.75
SUBTOTAL – CREDITS TO THE CASH REQUIREMENTS 336,428.75
TOTAL CITY REIMBURSEMENT AMOUNT 54,025.86
33. 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
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secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until
the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City’s standard specifications for utility and
street construction identify the procedures for final acceptance of streets and utilities.
34. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of
the Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
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204299v5 18
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the
security for the development.
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.
35. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
36. 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.
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204299v5 19
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 3 model homes on lots acceptable to the Building
Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning
ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. In
the event this Contract is recorded, the City covenants to provide a recordable Certificate of
Completion promptly upon the completion of the work and responsibilities required herein,
payment of all costs and fees required and compliance with all terms of the Contract. 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. 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
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204299v5 20
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
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.
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204299v5 21
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.
J. 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
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.
K. 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.
L. 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.
M. 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
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204299v5 22
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.
N. Should the Developer convey any lot or lots in the Development to a third party, 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. Private agreements between the owners of
lots within the Development for shared 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.
37. 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: KJ WALK, INC., 6001 Egan Drive, Suite 100, Savage, MN 55378. 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.]
North Creek
204299v5 23
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
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204299v5 25
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
MJFH SMITH FAMILY LIMITED PARTNERSHIP, a Minnesota limited partnership, 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 them.
Dated this _____ day of ____________, 2019.
MJFH SMITH FAMILY LIMITED PARTNERSHIP
By: MJFH, LLC,
a Minnesota limited liability company,
Its General Partner
By: ____________________________
Mikell Smith, Chief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2019,
by Mikell Smith, the Chief Manager of MJFH, LLC, a Minnesota limited liability company, General Partner
of MJFH Smith Family Limited Partnership, a Minnesota limited partnership, on behalf of said partnership.
________________________________________
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
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204299v5 26
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
_________________ and ______________________ as Trustees of the Mikell D. Smith
Irrevocable Trust Agreement dated August 8, 2005, fee owner of all or part of the subject property,
the development of which is governed by the foregoing Development Contract, affirm and consent to the
provisions thereof and agree 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.
MIKELL D. SMITH IRREVOCABLE TRUST
AGREEMENT DATED AUGUST 8, 2005
By:
________________, Trustee
By: ________________________________
________________, Trustee
STATE OF ______________)
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2019,
by ___________________ as Trustee of the Mikell D. Smith Irrevocable Trust dated August 8, 2005, on
behalf of the trust.
________________________________________
NOTARY PUBLIC
STATE OF ______________)
)ss.
COUNTY OF_____________)
The foregoing instrument was acknowledged before me this _____ day of _____________, 2019,
by ____________________ as Trustee of the Mikell D. Smith Irrevocable Trust dated August 8, 2005, on
behalf of the trust.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
AMP/smt
North Creek
204299v5 27
EXHIBIT “A”
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
NORTH CREEK
Outlot D, WILD WINGS, Dakota County, Minnesota,
AND
That part of the West 1532.10 feet of the South Half of the Northwest Quarter of Section 12, Township
114, Range 20, Dakota County, Minnesota lying northerly of the north line of the South 486.00 feet
thereof, lying westerly of the northerly extension of the east line of Outlot D, WILD WINGS and lying
southerly of CORNERSTONE LAKE 4TH ADDITION.
AND
The South 485 feet of the West 898.20 feet of the South Half of the Northwest Quarter of Section 12,
Township 114, Range 20, Dakota County, Minnesota.
AND
That part of the Northeast Quarter of the Southwest Quarter of Section 12, Township 114 North, Range
20 West, Dakota County, Minnesota described as follows:
Beginning at the southeast corner of Outlot D, WILD WINGS; thence South 1 degree 12 minutes 08
seconds West, along the southerly extension of the east line of said Outlot D, a distance of 83.01 feet;
thence South 21 degrees 28 minutes 53 seconds West a distance of 192.55 feet to a hereinafter
described “Line A”; thence westerly along said “Line A” to the north line of said Northeast Quarter of the
Southwest Quarter; thence easterly, along said north line to the point of beginning.
The hereinbefore referenced “Line A” is described as follows:
Commencing at the southwest corner of said South Half of the Northwest Quarter; thence North 00
degrees 15 minutes 17 seconds East along the west line thereof, a distance of 373.14 feet to the point of
beginning of said “Line A”; thence East a distance of 85.39 feet; thence South 00 degrees 33 minutes 42
seconds West a distance of
102.00 feet; thence South 76 degrees 45 minutes 34 seconds East a distance of 87.32 feet; thence
South 53 degrees 07 minutes 48 seconds East a distance of 170.00 feet; thence South 75 degrees 30
minutes 37 seconds East a distance of 91.92 feet; thence South 87 degrees 24 minutes 08 seconds East
a distance of 529.54 feet; thence South 75 degrees 54 minutes 14 seconds East a distance of 463.97
feet; thence East a distance of 145.00 feet; thence South 35 degrees 34 minutes 05 seconds East a
distance of 220.06 feet; thence South 71 degrees 33 minutes 54 seconds East a distance of 512.29 feet;
thence East a distance of 109.00 feet; thence North, a distance of 339.57 feet to a point on the north line
of the North Half of the Southwest Quarter of said Section 12; thence South 89 degrees, 41 minutes 10
seconds East 396.37 feet to the northeast corner thereof and said “Line A” there terminating.
AND
That part of the North Half of the Southwest Quarter of Section 12, Township 114 North, Range 20 West,
Dakota County, Minnesota described as follows:
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204299v5 28
Beginning at the southwest corner of Outlot C, WILD WINGS; thence South 1 degree 12 minutes 08
seconds West, along the southerly extension of the west line of said Outlot C, a distance of 96.74 feet;
thence South 53 degrees 58 minutes 40 seconds East a distance of 73.04 feet; thence South 24 degrees
56 minutes 22 seconds East a distance of 135.07 feet thence South 20 degrees 03 minutes 52 seconds
West a distance of 83.44 feet to a hereinafter described “Line A”; thence easterly and northerly along
said “Line A” to the north line of said Northeast Quarter of the Southwest Quarter; thence westerly, along
said north line to the point of beginning.
The hereinbefore referenced “Line A” is described as follows:
Commencing at the southwest corner of the South Half of the Northwest Quarter of said Section 12;
thence North 00 degrees 15 minutes 17 seconds East along the west line thereof, a distance of 373.14
feet to the point of beginning of said “Line A”; thence East a distance of 85.39 feet; thence South 00
degrees 33 minutes 42 seconds West a distance of 102.00 feet; thence South 76 degrees 45 minutes 34
seconds East a distance of 87.32 feet; thence South 53 degrees 07 minutes 48 seconds East a distance
of 170.00 feet; thence South 75 degrees 30 minutes 37 seconds East a distance of 91.92 feet; thence
South 87 degrees 24 minutes 08 seconds East a distance of 529.54 feet; thence South 75 degrees 54
minutes 14 seconds East a distance of 463.97 feet; thence East a distance of 145.00 feet; thence South
35 degrees 34 minutes 05 seconds East a distance of 220.06 feet; thence South 71 degrees 33 minutes
54 seconds East a distance of 512.29 feet; thence East a distance of 109.00 feet; thence North, a
distance of 339.57 feet to a point on the north line of the North Half of the Southwest Quarter of said
Section 12; thence South 89 degrees 41 minutes 10 seconds East 396.37 feet to the northeast corner
thereof and said “Line A” there terminating.
AND
That part of the North One Half of the Southwest Quarter of Section 12, Township 114, Range 20,
Dakota County, Minnesota described as follows:
Commencing at the northwest corner of the said North Half of the Southwest Quarter; thence South 00
degrees 15 minutes 39 seconds West along the west line thereof, a distance of 153.86 feet to the point
of beginning; thence East a distance of 622.74 feet, thence North a distance of 50.00 feet; thence East a
distance of 231.00 feet; thence South 77 degrees 05 minutes 17 seconds East a distance of 259.56 feet
thence South 50 degrees 35 minutes 47 seconds East a distance of 602.61 feet; thence South 89
degrees 41 minutes 10 seconds East a distance of 0.17 feet; thence South 00 degrees 15 minutes 31
seconds West a distance of 748.08 feet; thence North 89 degrees 45 minutes 53 seconds West along a
line parallel to and 33.00 feet north of the south line of said North Half of the Southwest Quarter, a
distance of 1574.33 feet to the west line thereof; thence North 00 degrees 15 minutes 39 seconds East
along the west line of said North Half of the Southwest Quarter, a distance of 1132.15 feet to the point of
beginning.
City of Lakeville
Planning Department
Memorandum
To: Daryl Morey, Planning Director
From: Kris Jenson, Associate Planner
Date: August 9, 2019
Subject: North Creek Final Plat
Action Deadline: September 10, 2019
INTRODUCTION
KJ Walk, Inc. has submitted a final plat application and plans for North Creek, which
consists of 33 single family residential lots, 42 detached townhomes, and five outlots
on 87.78 acres of land located south of 173rd Street and east of Pilot Knob Road (CSAH
31) (Exhibit A). The preliminary plat was approved by the City Council on June 17,
2019. The lot, block, and street design of the North Creek final plat is consistent with
the approved preliminary plat. The final plat plans have been reviewed by Engineering
and Parks and Recreation staff.
EXHIBITS
A – Aerial Photo Map
B – Approved Preliminary Plat (3 pages)
C – Final Plat (3 pages)
D – Grading Plan
E – Dakota County Plat Commission letter dated July 24, 2019
PLANNING ANALYSIS
Zoning. The site is currently zoned RM-1, Medium Density Residential District. Single
family homes are a permitted use within the RM-1 District.
Existing Conditions. The development site consists of five parcels. The use on the
property has been primarily undeveloped agricultural land as well as a house, fence,
sheds, well, and septic on the property, which must be removed with the
development of the site. (Exhibit A).
Density. The North Creek final plat consists of 33 single family lots and 42 detached
townhomes on 87.78 acres. This results in a gross density of 1.39 units per acre.
Excluding the creek, wetlands and wetland buffer areas, the stormwater pond, and the
future development area, the net density is 3.52 units per acre.
2
SINGLE FAMILY LOT REQUIREMENTS
Lots. The North Creek final plat consists of 33 single family lots on four blocks. The lots
within North Creek will be subject to the lot area and width requirements of the RS-4
District zoning, which is the standard for single family homes in the RM-1 District.
The lot area and width requirements for the proposed RM-1 District lots in the North
Creek final plat are as follows:
Lot Area
(Interior)
Lot Area
(Corner)
Lot Width
(Interior)
Lot Width
(Corner)
Lot Dept (Abutting
Pilot Knob Rd)
RM-1 8,400 s.f. 10,200 s.f. 70 feet 85 feet 150 feet
All 33 lots in the final plat meet the RS-4 District lot area and width requirements. In
addition, a maximum building coverage of 40% is allowed for the RS-4 District lots.
Setbacks. The house setback requirements for the RM-1 District lots in the North
Creek final plat are as follows:
Front Yard Side Yard
(Interior)
Side Yard
(Corner)
Rear Yard Rear Yard
(Buffer)
RM-1 20 feet (house)
25 feet (garage)
7 feet 20 feet 30 feet 50 feet
The proposed house pads shown on the North Creek grading and drainage plan
indicate that all 33 lots in the final plat meet the RM-1 District building setback
requirements.
DETACHED TOWNHOME DEVELOPMENT STANDARDS
Lot Requirements. The following minimum requirements for detached townhome
building setbacks in the RM-1 District pertain to the North Creek preliminary plat:
Base Lot Between Buildings
(Detached Units)
Front Yard
(to ROW)
RM-1 30 feet 14 feet 20 feet (front)
25 feet (garage)
The proposed unit lots shown on the North Creek preliminary plat have sufficient area
to accommodate detached units. A homeowner’s association will be required to be
established for ownership and maintenance of Lots 20-34, Block 2, Lots 4-11, Block 4,
and Lots 1-22, Block 5.
The RM-1 District requires at least 5,000 square feet per unit. The North Creek
Preliminary plat has an average of 11,676 square feet per unit for the detached
townhomes area, which exceeds the minimum lot area per unit requirements of the
RM-1 District.
3
Phasing. The North Creek final plat will be developed in two phases.
Outlots. There are five outlots totaling 60.38 acres in the North Creek final plat.
Outlot A is 1.90 acres and will be deeded to the City with the final plat as a stormwater
management pond.
Outlot B is 7.43 acres and will be deeded to the City with the final plat as a creek,
stormwater management pond, and park.
Outlot C is 0.91 acres and will be deeded to the City with the final plat as a wetland
complex.
Outlot D is 36.80 acres and will be retained by the developer for future development.
Outlot E is 13.34 acres and will be retained by the developer for future development.
Streets. The following is a summary of streets proposed with the North Creek final
plat. Additional detailed information is outlined in the Engineering Division
memorandum dated August 1, 2019.
Pilot Knob Road (CSAH 31) is an A minor expander along the west side of the site. The
Dakota County Plat Needs map indicates that the right of way requirement for Pilot
Knob Road is 100 feet of half right of way. The required right of way is shown to be
dedicated on the plat.
173rd Street is a minor collector along the north boundary of the site. 173rd Street is a
40-foot wide street within an 80-foot wide right of way. No additional right of way is
required to be platted for 173rd Street. A five-foot wide sidewalk will be constructed on
the south side of 173rd Street.
175th Street – 175th Street will be a residential street constructed within a 60-foot-wide
right-of-way and a 32-foot-wide street. East of Elkwood Avenue it will end in a
permanent cul-de-sac. Between Encina Path and Elkwood Avenue a 5-foot-wide
concrete sidewalk will be located on the north side of the street. A “Future Street
Extension” sign and barricades will be placed at the west end of the street until it is
extended in the future.
Elkwood Avenue – Elkwood Avenue will be a residential street constructed within a 60-
foot-wide right-of-way and a 32-foot-wide street with a 5-foot-wide concrete sidewalk
along the west side of the street.
Ely Avenue – Ely Avenue will be a residential street constructed within a 60-foot-wide
right-of-way and a 32-foot-wide street with a 5-foot-wide concrete sidewalk along the
south and west sides of the street. Lots 3-10, Block 2 shall have driveway access from
Ely Avenue.
Encina Path – Encina Path will be a residential street constructed within a 60-foot-wide
right-of-way and a 32-foot-wide street with a 5-foot wide concrete sidewalk along the
east side of the street. Lot 1, Block 1 and Lot 1, Block 2 shall have driveway access from
Encina Path. A “Future Street Extension” sign and barricades will be placed at the
south end of the street until it is extended in the future.
4
Plat Commission. The Dakota County Plat Commission reviewed and approved the
final plat at their July 22, 2019 meeting. The Plat Commission letter is included as
Exhibit E.
Sidewalks/Trails. The developer will construct five (5) foot wide concrete sidewalks
on one side of 175th Street, Encina Path, Ely Avenue, and Elkwood Avenue, as well as
the south side of 173rd Street. A cash security will be provided for the construction of a
trail along the east side of Pilot Knob Road.
Residential Buffer Yard Requirements. Three lots abutting Pilot Knob Road require
increased buffer yard lot sizes and setbacks as shown on the North Creek preliminary
plat. Pilot Knob Road is classified as a minor arterial in the Comprehensive
Transportation Plan. The developer is proposing to plant evergreen trees in two
staggered rows to meet the buffer yard landscaping requirements. A security for
$17,400.00 is required to guarantee installation of the landscaping. In addition, a
$1,000 per lot escrow is required with each building permit for the three lots abutting
Pilot Knob Road for the installation of sod to the rear property line.
Park Dedication. Park dedication for North Creek final plat will be satisfied through a
combination of land dedication and cash contribution. See the August 9, 2019
engineering memo for more information.
Tree Preservation. There are 306 significant trees located within the North Creek final
plat boundaries, 138 (45%) of which are proposed to be saved.
Wetlands. The North Creek final plat contains a wetland complex that is proposed to
be preserved within Outlots B and C. Further information on the wetland is included
within the engineering report.
Grading, Drainage, Erosion Control, and Utilities. Proposed grading, drainage,
erosion control, and utilities for the North Creek final plat are shown on the grading,
drainage and erosion control and utility plans. All existing and new local utilities shall
be placed underground.
Grading, drainage, erosion control, and utilities details are outlined in the August 9,
2019 engineering report prepared by Christina Orlowsky, Project Engineer and Mac
Cafferty, Environmental Resources Manager.
Subdivision Identification Sign. The developer is not proposing a subdivision
identification sign within this final plat.
RECOMMENDATION
The North Creek 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 North Creek final plat subject to the
following stipulations:
1. The recommendations listed in the August 9, 2019 engineering report.
2. Outlots A, B, and C shall be deeded to the City with the final plat.
5
3. The developer shall construct five-foot wide concrete sidewalks along one side of
175th Street, Encina Path, Ely Avenue, and Elkwood Avenue as well as the south
side of 173rd Street.
4. A barricade and “Future through street” sign must be placed at the south terminus
of Encina Path and the west terminus of 175th Street.
5. Landscaping shall be installed consistent with the approved landscape plan. A
$17,400.00 security shall be submitted to guarantee installation of the approved
landscaping.
6. A $1,000 cash escrow must be submitted with the building permit applications for
Lots 1-3, Block 1 to guarantee installation of the buffer rear yard sod to the rear
property line. This escrow will be in addition to the two trees/lot and front yard sod
escrow required at the time of building permit.
±
North Creek
Final Plat area
179TH ST
173RD ST
172ND ST
173RD ST
PILOTKNOBRD(CSAH31)EAGLEVIEW DR
City of LakevilleLocation Map
North Creek
Final Plat LocationEXHIBIT A
I hereby certify that this plan was prepared by me,or under my direct supervision, and that I am aduly registered engineer under the laws of theState of Minnesota.Luke Warren Israelson6001 Egan Drive, Ste 100, Savage, MN 55378Phone: 952.226.3200 Web: www.kjwalk.comDate: Revision:Preliminary Plat SetPreliminary Plat (West)Registration #: 51362SHEET 2 of 14Date: 5/20/2019FILE PATH: D:\Projects\Lakeville\North Creek\Engineering\CAD\DWGs\North Creek Pre-Plat new.dwg5'7'10'
30'25'
10'ROWTYPICAL SINGLE FAMILY LOTSETBACKS AND EASEMENTSROW20'HOUSE SETBACK
GARAGE SETBACK20'10'10'
30'25'
10'
20'HOUSE SETBACK
GARAGE SETBACK ROWSITE DATATOTAL SITE AREA3,823,871.04 SQ FT 87.784 AC.RIGHT OF WAY AREA (PILOT KNOB)6.699 AC.OUTLOT D36.221 AC.GROSS DEVELOPMENT AREA(TOTAL - PILOT KNOB - OUTLOT D)44.894 AC.RIGHT OF WAY AREA (LOCAL STREET)7.171 AC.WETLAND AREA3.768 AC.WETLAND/CREEK BUFFER AREA1.497 AC.NET DEVELOPABLE AREA(GROSS DEV. AREA - ROW - WETLAND - BUFFER) 32.458 AC.SINGLE FAMILY LOTS80 LOTSDETACHED TOWNHOMES42 LOTSUNIT DENSITYGROSS2.72 UNITS PER AC.NET3.76 UNITS PER AC.SINGLE FAMILY LOT REQUIREMENTS (RS-4)MIN. LOT AREA - INTERIOR LOTS8,400 S.F.MIN. LOT WIDTH AT SETBACK - INTERIOR LOTS 70 FEETMIN. LOT AREA - CORNER LOTS10,200 S.F.MIN. LOT WIDTH AT SETBACK - CORNER LOTS 85 FEETMIN. LOT DEPTH - DOUBLE FRONTAGE 150 FEETZONING CLASSIFICATION RM1SINGLE FAMILY MINIMUM SETBACKS (RS-4)FRONT25 FEETSIDE (HOUSE/GARAGE) 7 FEETSIDE (STREET)20 FEETREAR30 FEETREAR (Pilot Knob Road)50 FEETTOWNHOMES MINIMUM SETBACKS (RM-1)ROW TO FRONT 25 FEETBETWEEN BLDGS14 FEETSIDE (STREET)20 FEETREAR30 FEET30'25'
10'ROWTYPICAL DETACHED TOWNHOME LOTSETBACKS AND EASEMENTSROW20'10'10'
30'25'ROW14'50'40'050100 1505'7'5'7'SEE SHEET 3 OF 13
OriginalRevised09/28/1802/05/19Revised Per City Comments05/07/19May 20, 2019Revised Per City Comments05/20/19
I hereby certify that this plan was prepared by me,or under my direct supervision, and that I am aduly registered engineer under the laws of theState of Minnesota.Luke Warren Israelson6001 Egan Drive, Ste 100, Savage, MN 55378Phone: 952.226.3200 Web: www.kjwalk.comDate: Revision:Preliminary Plat SetPreliminary Plat (East)Registration #: 51362SHEET 3 of 14Date: 5/20/2019FILE PATH: D:\Projects\Lakeville\North Creek\Engineering\CAD\DWGs\North Creek Pre-Plat new.dwg050100 150SEE SHEET 2 OF 13OriginalRevised09/28/1802/05/19Revised Per City Comments05/07/19May 20, 2019Revised Per City Comments05/20/19
I hereby certify that this plan was prepared by me,or under my direct supervision, and that I am aduly registered engineer under the laws of theState of Minnesota.Luke Warren Israelson6001 Egan Drive, Ste 100, Savage, MN 55378Phone: 952.226.3200 Web: www.kjwalk.comDate: Revision:Preliminary Plat SetPreliminary Plat (West)Registration #: 51362SHEET 4 of 14Date: 5/20/2019FILE PATH: D:\Projects\Lakeville\North Creek\Engineering\CAD\DWGs\North Creek Pre-Plat new.dwg050100 150OriginalRevised09/28/1802/05/19Revised Per City Comments05/07/19May 20, 2019Revised Per City Comments05/20/19
I hereby certify that this plan was prepared by me,or under my direct supervision, and that I am aduly registered engineer under the laws of theState of Minnesota.Luke Warren Israelson6001 Egan Drive, Ste 100, Savage, MN 55378Phone: 952.226.3200 Web: www.kjwalk.com Grading and Erosion ControlRegistration #: 51362SHEET 2 of 22Date: 8/14/2019FILE PATH: D:\Projects\Lakeville\North Creek\Engineering\CAD\DWGs\NC1-Revised.dwg0100 200 300CB & DROP IN INLET PROTECTORSSEED & BLANKETLEGENDRIP RAPSILT FENCENOTES:MAXIMUM ALLOWABLE SLOPE 3:1PONDS MAY BE USED AS TEMPORARY SEDIMENTATIONBASINS DURING CONSTRUCTION, IF A POND IS USED AS ATEMP. SED. BASIN IT MUST BE CLEANED OUT PRIOR TOBEING PUT INTO SERVICE.DRAINAGE TO THE TEMPORARY SEDIMENTATION BASINSMUST BE MAINTAINED THROUGHOUT THE CONSTRUCTIONPROCESS.- MN DOT MIX 250(70LBS/AC) USED IN RIGHT OF WAY- MN DOT MIX 325(84LBS/AC) USED ON PONDS BELOW HWL- MN DOT MIX 328(88LBS/AC) USED ON PONDS ABOVE HWLSTOCKPILES TO BE STABILIZED IF NOT UTILIZED FOR MORETHAN 7 DAYS.For ReviewAugust 14, 2019Date: Revision:Original06/18/19Revised Bldg Pads/Street Grades/Etc08/14/19
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
July 24, 2019
City of Lakeville
20195 Holyoke Ave.
Lakeville, MN 55044
Re: NORTH CREEK
The Dakota County Plat Commission met on July 22, 2019, to consider the preliminary plat of the above
referenced plat. The plat is adjacent to CSAH 31 (Pilot Knob Rd.), and is therefore subject to the Dakota
County Contiguous Plat Ordinance.
The proposed plat was revised to include Outlot D, located south of the creek. The right-of-way needs for a 6-
lane divided roadway for CSAH 31 are 100 feet of half right of way from existing centerline. Outlot D should
dedicate 25 feet to meet the right-of-way needs of 100 feet along CSAH 31. No access is shown along Outlot
D to CSAH 31 at the County View Trail location. Restricted access is shown along all of CSAH 31. The CSAH 31
Transportation Study indicated a ¾ access location along Outlot D. As discussed, no access to Outlot D would
provide some benefit and safety for the western location (Country View Trail). The Country View Trail access
is planned to be the ¾-access in the future. As stated, if this ¾-access location is built in the future, the
western properties should provide an internal connection to the full access location at 173rd Street West. A
quit claim deed to Dakota County for restricted access is required at the time of recording the plat mylars.
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 31 are 23,200 ADT and are anticipated to be 39,000 ADT by the year 2030. These
traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for
the proposed plat. Residential developments along County highways commonly result in noise complaints.
In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial
building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this
development.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the County
Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of
proposed accesses or other improvements to be made in the right of way. 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, Project 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
Date: August 9, 2019
Subject: North Creek
• Final Plat Review
• Final Erosion and Sediment Control Plan Review
• Final Grading and Drainage Plan
• Final Utility Plan Review
• Final Tree Preservation Plan Review
BBAACCKKGGRROOUUNNDD
KJ Walk, Inc. has submitted a final plat named North Creek. The proposed subdivision is
located south of and adjacent to 173rd Street, east of and adjacent to Pilot Knob Road (CSAH
31), north and west of and adjacent to two Vermillion River Watershed Joint Powers
Organization (VRWJPO) principal connectors (Tributary No. 1 to North Creek and North Creek).
The parent parcel consists of PID Nos. 220120050032, 220120025032, 228415000040,
220120050013 and 220120050019 all zoned RM-1.
The final plat consists of thirty-three (33) single family lots, forty-two (42) detached
townhome lots, and three (3) Homeowners Association (HOA) common lots within five (5)
blocks and five (5) outlots on 87.78 acres.
The outlots created with the final plat shall have the following uses:
Outlot A: Stormwater management basin; to be deeded to City (1.90 acres)
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PPAAGGEE 22 OOFF 1111
Outlot B: Creek, wetland and buffer areas, and future neighborhood park; to be deeded
to the City (7.43 acres)
Outlot C: Wetlands and buffer areas; to be deeded to the City (0.91 acres)
Outlot D: Retained by the property owner for future development (36.80 acres)
Outlot E: Retained by the property owner for future development (13.34 acres)
The proposed development will be completed by:
Developer: KJ Walk, Inc.
Engineer/Surveyor: KJ Walk, Inc.
SSIITTEE CCOONNDDIITTIIOONNSS
The North Creek site consists of five metes and bounds parcels totaling 87.78 acres and is
roughly bisected by North Creek, which runs through the property from the northwest to the
southeast. The parcel primarily consists of undeveloped, cultivated agricultural land. There is
an existing house and farmstead, fence, sheds, well and septic on the property that must be
removed with the development of the site.
A security will be required when Outlot E is final platted into lots and blocks to ensure proper
abandonment of the existing well and septic system, and removal of existing buildings and
driveways on the property. The existing buildings and driveways located on Outlot E are
planned to remain with the North Creek improvements. Building permits shall not be issued
for homesteads that are located on platted outlots, per City Ordinance.
EEAASSEEMMEENNTTSS
The parent parcels contain existing public and private easements. The following easements
will remain with the proposed development:
• A Permanent Drainage, Utility and Stormwater Ponding Easement exists over and
along the North Creek drainageway (Document No. 1629250). The area of the
easement will be deeded as Outlot B to the City.
• Sanitary Sewer Metropolitan Council Easement (Document No. 425283) will not be
impacted and will remain with the development. The Developer is responsible for
coordinating improvements in the easement with the Metropolitan Council.
• Sanitary Sewer Metropolitan Council Easement (Document No 421438) will not be
impacted and will remain with the development. The Developer is responsible for
coordinating improvements in the easement with the Metropolitan Council.
• Sewer Easement in favor of City of Farmington (Document No. 430995)
• Highway Easements in favor of Dakota County (Document No. 475586, 1465203,
2307644).
• Permanent Natural Area Conservation Easement (Document No. 3206262).
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PPAAGGEE 33 OOFF 1111
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT
Pilot Knob Road (CSAH 31)
North Creek is located east of and adjacent to Pilot Knob Road, a minor arterial County
highway, as identified in the City’s Transportation Plan. Pilot Knob Road adjacent to the site is
a four-lane divided rural roadway. The current Dakota County Plat Review Needs Map
indicates a half right-of-way requirement of 100-feet and designates it as a future six-lane
divided urban roadway over its entire length adjacent to the plat. The expansion of Pilot Knob
Road to a six-lane roadway is not identified in the City’s or County’s current Capital
Improvement Plans. The Developer is dedicating the necessary right-of-way along Pilot Knob
Road as shown on the final plat. The final plat was reviewed and recommended for approval
by the Dakota County Plat Commission contingent upon additional right-of-way dedication
along Pilot Knob Road at its July 22, 2019 meeting. There will be no access to the
development from Pilot Knob Road.
173rd Street
North Creek is located south of and adjacent to 173rd Street, a minor collector as identified in
the City’s Transportation Plan. The City of Lakeville Transportation Plan identifies 40-foot ½
right-of-way needs along the entire length of the plat. The necessary right-of-way was
previously dedicated with the Cornerstone Lake 4th Addition Subdivision. No additional right-
of-way is required. A 5-foot concrete sidewalk shall be constructed by the Developer on the
south side of 173rd Street and connect to the sidewalk to be constructed with Wild Wings, the
development to the east.
175th Street
The development of North Creek includes the construction of 175th Street, a local street. 175th
Street is designed as a 32-foot wide, two-lane urban roadway terminating in a permanent cul-
de-sac with a 5-foot concrete sidewalk along the north side of the street. The Developer is
dedicating 60-feet of right-of-way in compliance with City ordinance requirements. A “Future
Street Extension” sign and barricades must be placed at the west end of the street prior to the
issuance until it is extended in the future.
Encina Path
Development of North Creek includes the construction of Encina Path, a local street which will
be extended south from 173rd Street. Encina Path is designed as a 32-foot wide, two-lane
urban roadway with a 5-foot concrete sidewalk along the east side of the street. The
Developer is dedicating 60-feet of right-of-way in compliance with City ordinance
requirements. A “Future Street Extension” sign and barricades must be placed at the south
end of the street until it is extended in the future.
Ely Avenue
The development of North Creek includes the construction of Ely Avenue, a local street. Ely
Avenue is designed as a 32-foot wide, two-lane urban roadway with a 5-foot concrete
sidewalk along the west and south side of the street. The Developer is dedicating 60-feet of
right-of-way in compliance with City ordinance requirements.
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PPAAGGEE 44 OOFF 1111
Elkwood Avenue
Development of North Creek includes the construction of Elkwood Avenue, a local street
which will be extended south from 173rd Street. Elkwood Avenue is designed as a 32-foot
wide, two-lane urban roadway with a 5-foot concrete sidewalk along the west side of the
street. The Developer is dedicating 60-feet of right-of-way in compliance with City ordinance
requirements.
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress for grading, utility, and street construction shall be
through a rock construction entrance on Encina Path south of 173rd Street.
PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS
Development of North Creek includes the construction of public sidewalks along the east side
of Encina Path, south and west sides of Ely Avenue, north side of 175th Street, and the west
side of Elkwood Avenue. A 5-foot concrete sidewalk shall be constructed by the Developer on
the south side of 173rd Street and connect to the sidewalk to be constructed with Wild Wings,
the development to the east.
The parks and trails within North Creek are to be developed to allow for connection to other
local and regional facilities as part of the City’s overall Parks, Trails and Open Space System
Plan. Consistent with the City’s Parks Trails and Open Space Plan the Developer shall post a
$7,843.59 cash escrow with the final plat for the Developer’s 5/8ths share of the future
construction of a ten-foot trail along the east side of Pilot Knob Road adjacent to the plat. The
Developer shall construct the trail from 173rd Street to 179th Street at the time Outlots D and E
are final platted into lots and blocks.
The park dedication requirement for the parent parcels has not been collected and will be
satisfied through a combination of land dedication and cash. The total park area required
with the final plat is 4.91 acres, which is calculated as 12% of the net area of the property
(excluding arterial right-of-way and wetlands to remain) estimated as follows:
Gross Area of Final Plat 87.79 Acres
Less Pilot Knob Road Right-of-way 6.77 Acres
Less Wetland Area 3.92 Acres
Less Outlot D 36.15 Acres
Total Buildable Area 40.95 Acres
Land Dedication Requirement (12%) 4.91 Acres
The total park area estimated to be dedicated within the final plat is 3.06 acres. This satisfies
an estimated 62.32% or 76.03 lots of the required park dedication for the final plat. The park
dedication requirement for the remaining 37.68% or 45.97 lots is required to be paid with
cash with future phase final plats. Only the area outside of wetlands, wetland buffers, VRWJPO
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corridors and buffers, stormwater basins, and arterial road right-of-way is to be credited or
compensated for park dedication purposes.
Development of North Creek no longer includes the construction of a ten-foot trail along the
east side of the plat consistent with the Dakota County North Creek Greenway Master Plan.
These improvements will be made in the future under a City/County improvement project.
UUTTIILLIITTIIEESS
SSAANNIITTAARRYY SSEEWWEERR
North Creek is located within subdistricts NC-20010, NC-200020, NC-200021 and NC-200030
of the North Creek sanitary sewer district as identified in the City’s Comprehensive Sewer
Plan. The Developer is proposing to direct all wastewater from the preliminary plat through
the NC-20010 subdistrict; the City has reviewed this proposal and determined that the
downstream facilities have sufficient capacity to serve the proposed subdivision.
The Developer will make a direct sanitary sewer connection to the existing Metropolitan
Council trunk sanitary sewer manhole. Sanitary sewer will be extended from the existing 42-
inch Metropolitan Council trunk sanitary sewer within the subdivision to provide sewer
service to the development. Wastewater will be conveyed to the MCES Farmington
Interceptor and continue to the Empire Wastewater Treatment Facility.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and shall
be paid with the final plat. The fee is calculated as follows:
75 units x $327.00 = $24,525.00
Total Units 2019 Sanitary Sewer Availability Charge
Per Unit
Sanitary Sewer
Availability Charge required
WWAATTEERRMMAAIINN
Development of North Creek includes the extension of 8-inch watermain within the
subdivision. Watermain to serve the lots within North Creek will be extended from the
existing 12-inch trunk watermain along 173rd Street at both Encina Path and Elkwood Avenue.
The Lateral Watermain Access Charge is due for the portion of 12-inch watermain within Pilot
Knob Road right-of-way and shall be paid with the final plat. The Lateral Watermain Access
Charge along the platted lots and Outlot B, calculated as follows:
501.99 l.f. x $41.00/l.f. = $20,581.59
Total frontage 2019 Lateral Watermain
Access Charge
Lateral Watermain Access
Charge Required
The remainder of the lateral watermain access charge will be collected at the time Outlots D
and E are final platted into lots and blocks.
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PPAAGGEE 66 OOFF 1111
OOVVEERRHHEEAADD LLIINNEESS
An overhead electric transmission line and poles are located along the east side of Pilot Knob
Road on the parent parcels servicing the existing house and farmstead. The Developer is
required to remove the poles and place the utilities underground with the final plat,
consistent with the City’s Public Ways and Property Ordinance. A security of $30,000.00 will
be required with the final plat to ensure proper removal of poles and placement of utilities
underground.
DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
North Creek is located within subdistricts NC-1, NC-18, NC-8, and NC-20 of the North Creek
stormwater district as identified in the City’s Water Resources Management Plan.
Development of North Creek includes the construction of a public stormwater management
basin within Outlot A, which will be deeded to the City with the final plat. The basin will
provide water quality treatment, volume and rate control of the stormwater runoff generated
from the North Creek subdivision. The stormwater basin design is consistent with City
requirements. The stormwater basins will discharge to Tributary No.1 to North Creek, which is
east of and adjacent to the final plat.
The development of North Creek includes lots adjacent to the VRWJPO principal connector
North Creek. The 100-yr Flood elevation as determined by the City’s stormwater model will be
contained within the rear-yard drainage and utility easements. Lots 1-10 of Block 4 are
impacted by the 100-yr Flood elevations. Natural Area signs will be placed along easement
lines impacted by the 100-yr Flood elevations. A security of $1,200.00 will be required with
the final plat to ensure proper installation of signs. Final locations will be identified in the
field.
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 permits will not be issued until
a soils report and an as-built certified grading plan have been submitted and approved by
City staff.
North Creek 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 North Creek includes the construction of public storm sewer systems. Storm
sewer will be installed within the subdivision to collect and convey stormwater runoff
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PPAAGGEE 77 OOFF 1111
generated from within the public right-of-way and lots to the public stormwater
management basin located within Outlot A and convey runoff from rear yard lots to the
VRWJPO principal connector North Creek.
Draintile construction is required in areas of non-granular soils within North Creek for the
street sub-cuts and lots. Any additional draintile construction, including perimeter draintile
required for building footings, which is deemed necessary during construction shall be the
Developer’s responsibility to install and finance.
The Developer is eligible for a reimbursement that will be credited to the Trunk Storm Sewer
Area Charge per the Settlement Agreement referenced in Dakota County document number
1197915 for the stormwater ponding on the North Creek final plat. The Settlement
Agreement states that if the successor of the parent parcel is required to provide stormwater
ponding outside the 16.67 acres designated for the drainage channel (North Creek), the City
shall reduce the stormwater connection charges by an amount that is equal to the fair market
value of the land necessary for the ponding area and the actual costs of constructing the
ponding area. The ponding required with the North Creek final plat is not permitted within
the 16.67 acres due to current ordinances and regulations, and is therefore located outside of
this area.
The acreage required for stormwater ponding is 1.90 acres, contained within Outlot A. The
City and Developer have reached an agreement that the fair market value of the land
necessary for the ponding is $65,000 per acre, resulting in a $123,500.00 reimbursement
credited to the Trunk Storm Sewer Area Charge. The costs of pond construction is
$167,058.75 and will be credited to the Trunk Storm Sewer Area Charge.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and must
be paid with the North Creek final plat calculated as follows:
Single Family Trunk Storm Sewer Area Charge Summary
Gross Area of North Creek 3,823,914.60 s.f.
Less Area of Outlot A (Stormwater Ponding) (-) 82,676.88 s.f
Less Area of Outlot B (Creek, Wetlands and Buffers, Future Park) (-) 323,607.24 s.f.
Less Area of Outlot C (Wetlands and Buffers) (-) 39,596.04 s.f
Less Area of Outlot D (Future Development) (-) 1,574,737.56 s.f
Less Area of Outlot E (Future Development) (-) 581,177.52 s.f
Less Area of Pilot Knob Road Right-of-way (-) 294,901.20 s.f
Total = 927,218.16 s.f.
927,218.16 s.f. x $0.178/s.f. = $165,044.83
Net Area of
North Creek
2019 Single Family
Area Charge
Total Trunk
Storm Sewer Area Charge
The Trunk Storm Sewer Area Charge for Outlots D and E will be collected at the time the
outlots are final platted into lots and blocks.
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The Developer will also receive a credit to the Trunk Storm Sewer Area Charge for deeding
Outlots B and C to the City, consistent with City policy calculated as follows:
8.34 acres x $5,500.00/acre = $45,870.00
Area of Outlots B and C Total Trunk
Storm Sewer Area Charge
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
FEMA FLOODPLAIN ANALYSIS
A portion of the North Creek preliminary plat (proposed to be platted as Outlot B) is shown on
the Flood Insurance Rate Map (FIRM) as Zone AE by the Federal Emergency Management
Agency (FEMA). Based on this designation, a portion of the plat is located within a Special
Flood Hazard Area (SFHA), as determined by FEMA. The remainder of the plat is shown on the
Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency
(FEMA).
WWEETTLLAANNDDSS
The wetland delineation for the site was approved on 04/11/2018 the delineation was
completed by Kjolhaug Environmental Services. No wetland impacts are proposed with the
development. The Developer will be responsible for the installation of the required Natural
Area signs (8 locations). Final locations will be identified in the field. All buffer areas that were
previously disturbed must be seeded with a native seed mix that is approved by the City and
maintained and managed by the Developer for 3 years or until established. All required
wetlands, creeks and buffers are placed in City owned outlots. A management plan including
a schedule for the establishment and a minimum of 3 years of maintenance must be
submitted to the City for review prior to issuance of any building permits. The Developer shall
provide a $15,000.00 security to ensure proper seeding and maintenance.
TTRREEEE PPRREESSEERRVVAATTIIOONN
A tree preservation plan has been submitted. The plan shows a total of 306 significant trees
within the site. The plan proposes to save 138 trees (45%).
All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per
the Lakeville Subdivision Ordinance. Prior to any removals the tree protection fence line must
be staked and reviewed by City Staff.
EERROOSSIIOONN CCOONNTTRROOLL
The Developer is responsible for obtaining an MPCA Construction Permit for the site as well as
developing a SWPPP for the site prior to construction. The permit requires that all erosion and
sediment BMPS be clearly outlined in a site’s SWPPP. Changes made throughout construction
should be documented in the SWPPP. The Developer is responsible for the establishment of
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native vegetation around all stormwater treatment basin and any disturbed or farmed buffer.
The developer is responsible for establishment of native seeding within all stormwater basin,
creek/wetland buffers and any area outside of the city park.
Additional erosion control measures may be required during construction as deemed
necessary by City staff or the Vermillion River Watershed JPO. Any additional measures
required shall be installed and maintained by the Developer.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer-installed
improvements relating to North Creek. Construction costs are based upon estimates
submitted by the Developer’s engineer on August 8, 2019.
CONSTRUCTION COSTS
Sanitary Sewer $ 310,734.80
Watermain 341,800.00
Storm Sewer 421,145.00
Street Construction 418,249.50
Street and Utility Erosion Control and Restoration 30,000.00
SUBTOTAL - CONSTRUCTION COSTS $ 1,521,929.30
The Developer provided the City with a security prior to submittal of the final plat application:
for Erosion Control, Stormwater Basins, Restoration, Grading and Grading Certification in the
form of a Letter of Credit to grade following City Council approval of the preliminary plat. An
additional security is required for erosion control of the street and utility construction. The
amount previously securitized by the existing LOC was removed from these security totals.
OTHER COSTS
Developer’s Design (3.0%) $ 45,657.88
Developer’s Construction Survey (2.5%) 38,048.23
City’s Legal Expense (0.5%) 7,609.65
City Construction Observation (5.0%) 76,069.47
Developer’s Record Drawing (0.5%) 7,609.65
Future Street Signs and Barricades 950.00
Remove Overhead Utilities 30,000.00
Native Seeding and maintenance (3yrs) within Outlots
A and B
15,000.00
Natural Area Signs 1,200.00
Landscaping 17,400.00
Street Lights 16,000.00
Lot Corners/Iron Monuments 8,000.00
SUBTOTAL - OTHER COSTS $263,571.88
TOTAL PROJECT SECURITY $1,785,501.18
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The street light security totals $16,000.00 which consists of two (2) mast-arm street lights at
$1,400 each and eleven (11) post-top street lights at $1,200 each.
The Developer shall post a security to ensure the final placement of iron monuments at
property corners with the final plat. The security is $100.00 per lot and outlot for a total of
$8,000.00. 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 $5,450.00 cash fee for traffic control signs is due with North Creek. If the street signs are
installed during frost conditions, the Developer shall pay an additional $150.00 for each street
sign location.
A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat
approval and is calculated as follows:
75 units x $36.48/unit = $2,736.00
Dwelling Units 2019 Streetlight Operating Fee Total
A cash fee for one-year of environmental resources management expenses shall be paid at
the time of final plat approval and is calculated as follows:
75 units x $57.52/unit = $4,314.00
Single Family
Dwelling Units
Environmental Resources
Management Fee
Total
A cash fee for the preparation of record construction drawings and for upgrading the City
base map shall be paid at the time of final plat approval and is calculated as follows:
80 units x $90.00/unit = $7,200.00
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 $45,657.88.
CASH REQUIREMENTS
Sanitary Sewer Availability Charge 24,525.00
Trunk Storm Sewer Area Charge 165,044.83
Lateral Watermain Access Charge 20,581.59
Future Trail Escrow 7,843.59
Traffic Control Signs 4,500.00
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Streetlight Operating Fee 2,736.00
Environmental Resources Management Fee 4,314.00
City Base Map Updating Fee 7,200.00
City Engineering Administration (3.00%) 45,657.88
SUBTOTAL - CASH REQUIREMENTS $282,402.89
CREDITS TO THE CASH REQUIREMENTS
Outlots B and D (Deeded to the City) (Trunk Storm Sewer) $ 45,870.00
Stormwater Ponding Area 123,500.00
Construction of Stormwater Pond 167,058.75
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS = $ 336,428.75
TOTAL CITY REIMBURSEMENT AMOUNT $54,025.86
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the North Creek final plat, grading and erosion control
plan, utility plan and tree preservation plan, subject to the requirements and stipulations
within this report.