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HomeMy WebLinkAboutItem 06.e Date: Item No. PHEASANT RUN OF LAKEVILLE FIFTH ADDITION FINAL PLAT Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Pheasant Run of Lakeville Fifth Addition final plat. Overview KJ Walk, Inc. has submitted a final plat application for 69 single family lots to be known as Pheasant Run of Lakeville Fifth Addition, located east of Pilot Knob Road (CSAH 31) and north of the Lakeville/Farmington city boundary. The parcel to be developed was previously platted as Outlot C, Pheasant Run of Lakeville Third Addition. The Pheasant Run of Lakeville Fifth Addition final plat is consistent with the preliminary plat approved by the City Council on June 1, 2015. The Pheasant Run of Lakeville preliminary plat included 192 single family lots. The Pheasant Run of Lakeville final plat of 51 single family lots was approved by the City Council on October 5, 2015, the Pheasant Run of Lakeville Second Addition final plat of 20 single family lots was approved by the City Council on October 17, 2016, the Pheasant Run of Lakeville Third Addition final plat of 23 single family lots was approved by the City Council on August 21, 2017, and the Pheasant Run of Lakeville Fourth addition plat of 29 single family lots was approved by the City Council on May 14, 2018. If this final plat is approved, there are no additional lots to be platted. Primary Issue to Consider None Supporting Information • Resolution • Signed development contract • April 22, 2020 Planning and Engineering reports Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Associate Planner May 4, 2020 None Subdivision and Zoning Ordinances (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. ______ RESOLUTION APPROVING THE FINAL PLAT OF PHEASANT RUN OF LAKEVILLE FIFTH ADDITION WHEREAS, the owner of the property described as PHEASANT RUN OF LAKEVILLE FIFTH ADDITION has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and 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. PHEASANT RUN OF LAKEVILLE FIFTH ADDITION 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. ADOPTED by the Lakeville City Council this 7th day of May, 2020. 2 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 7th day of May 2020 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 1 Pheasant Run of Lakeville Fifth Addition 209907v4 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) PHEASANT RUN OF LAKEVILLE FIFTH ADDITION CONTRACT dated ____________________, 2020, 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 Pheasant Run of Lakeville Fifth Addition (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: Outlot C, PHEASANT RUN OF LAKEVILLE THIRD ADDITION, Dakota County, Minnesota, according to the recorded plat thereof. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth 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 2 Pheasant Run of Lakeville Fifth Addition 209907v4 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 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 E 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 and 3 Pheasant Run of Lakeville Fifth Addition 209907v4 D without City Council approval. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting 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 L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16- 7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its 4 Pheasant Run of Lakeville Fifth Addition 209907v4 engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible “as constructed” plans and an electronic file of the “as constructed” plans in an AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards. 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 5 Pheasant Run of Lakeville Fifth Addition 209907v4 E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2021, 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. 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 6 Pheasant Run of Lakeville Fifth Addition 209907v4 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 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 must submit a management plan including a schedule for the establishment of the Outlots and a minimum of 3 years of maintenance must be submitted by the Developer 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. The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. The permit requires that all erosion and sediment BMPS be clearly outlined in a site’s SWPPP. Changes made throughout construction must be documented in the SWPPP. Erosion control blanket and seeding is required in all rear yard lot swales and ditches that are within 200 feet of a storm sewer inlet. It is the Developer’s responsibility to establish all stormwater basin and City owned Outlots with the appropriate native seed mix. The Developer must install silt fence around the basins once the basins are graded. 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 7 Pheasant Run of Lakeville Fifth Addition 209907v4 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, 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. Pheasant Run of Lakeville Fifth Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is 8 Pheasant Run of Lakeville Fifth Addition 209907v4 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 has been submitted to the City. 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 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 shall install storm sewer within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basins located within Outlots A and B. Draintile construction is required in areas of non-granular soils within Pheasant Run of Lakeville Fifth Addition for the street sub-cuts and lots. Any additional draintile construction, including perimeter 9 Pheasant Run of Lakeville Fifth Addition 209907v4 draintile required for building footings, which is deemed necessary during construction shall be the Developer’s responsibility to install and finance. The Trunk Storm Sewer Area Charge has not been collected on the parent parcel, and must be paid with the final plat, calculated as follows: Gross Area of Pheasant Run of Lakeville Fifth Addition 972,259.20 s.f. Less Area of Outlot A (Stormwater Management Basin) (-) 117,612.00 s.f. Less Area of Outlot B (Stormwater Management Basin) (-) 58,806.00 s.f. Total = 795,841.20 s.f. 795,841.20 s.f. x $0.178/s.f. = $141,659.73 Net Area of Pheasant Run of Lakeville Fifth Addition Single Family Area Charge Total Trunk Storm Sewer Area Charge The Developer will receive a credit to the Trunk Storm Sewer Area Charge for conveying Outlots A and B to the City, consistent with City policy. The credit is based on the area of the outlots and is calculated at the rate of $5,500 per acre, and will be applied to the final plat cash fees, calculated as follows: 4.05 acres x $5,500/acre = $22,275.00 Total Area of Outlots A and B Per Acre Credit Total Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. Stormwater management including rear-yard storm sewer infrastructure must be constructed by the Developer prior to the issuance of building permits. 20. SANITARY SEWER. The Developer shall extend public sanitary sewer within the subdivision from sanitary sewer constructed with the development of Pheasant Run of Lakeville 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 by the Developer with the final plat. The fee will be based on the rate in effect at the time of final plat approval, calculated as follows: 10 Pheasant Run of Lakeville Fifth Addition 209907v4 69 units x $327.00 = $22,563.00 Total Units In Pheasant Run of Lakeville Fifth Addition Sanitary Sewer Availability Charge Per Unit Sanitary Sewer Availability Charge required 21. WATERMAIN. The Developer shall extend watermain within the development from watermain constructed with Pheasant Run of Lakeville to provide water service to the subdivision. The Developer shall dedicate a temporary drainage and utility easement over the proposed utilities to be located outside of the parcel to be platted prior to final plat approval. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction shall be from Eclipse Avenue, by way of Embers Avenue. 23. PARKS, TRAILS, AND SIDEWALKS. Development of Pheasant Run of Lakeville Fifth Addition includes the construction of public trails and sidewalks. The Developer shall install a 5-foot wide concrete sidewalk with pedestrian curb ramps along one side of the local roadways. The North Creek Regional Greenway is located on the east side of the parent parcel. The trail within the greenway corridor will be constructed with a future City Project. The Developer shall install a bituminous trail on the south side of Eclipse Avenue to provide a future connection to the parcel to the North Creek Regional Greenway. The Developer is responsible for all costs associated with the construction and restoration of the bituminous trail. 72.23% (138.68/192 lots) of the Park Dedication requirement was satisfied with previous phases of the Pheasant Run of Lakeville preliminary plat, through a combination of land dedication for a future greenway corridor and a cash contribution. The remainder of the Park Dedication requirement will be satisfied through a cash contribution. With 69 lots being platted with Pheasant Run of Lakeville Fifth Addition, the remaining 53.32 lots will be satisfied with the Park Dedication calculated as follows: 53.32 lots x $3,068 = $163,585.76 Lots remaining of Pheasant Run of Lakeville Preliminary Plat Park Dedication Rate Park Dedication Requirement 24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay a cash fee for traffic control signs which is due with Pheasant Run of Lakeville Fifth 11 Pheasant Run of Lakeville Fifth Addition 209907v4 Addition. Street signing consists of four (4) stop and street blade combinations at $550.00 each, and a mobilization fee of $150.00 for a total of $2,350.00. 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: 69 units x $40.48/unit = $2,793.12 Dwelling Units Streetlight Operating Fee Total 25. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for one-year of environmental resources expenses at the time of final plat approval which is calculated as follows: 69 units x $16.54/unit/qtr. x 4 qtrs. = $4,565.04 Dwelling Units Environmental Resources Fee Total 26. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, 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 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 12 Pheasant Run of Lakeville Fifth Addition 209907v4 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. 27. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the April 22, 2020 Planning Report and April 22, 2020 Engineering Report. B. Before the City signs the final plat, the Developer shall convey Outlots A and B to the City by Warranty Deed, free and clear of any and all encumbrances. C. 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 $12,000.00 and consists of ten (10) post-top street lights at $1,200.00 each. D. The Developer shall install a cul-de-sac on the north end of Eclipse Avenue north of and adjacent to the north plat boundary to be platted. The Developer shall dedicate a temporary easement to accommodate the cul-de-sac prior to final plat approval. E. The Developer shall remove the temporary cul-de-sac at the end of Element Avenue and restore the disturbed area prior to the issuance of building permits adjacent to the Element Avenue and Eclipse Avenue intersection. The Developer shall receive a $2,000.00 credit for the removal and restoration of the temporary cul-de-sac per the Pheasant Run of Lakeville 3rd Addition final plat report consistent with escrow #8468. F. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $7,100.00 security for the final placement of interior 13 Pheasant Run of Lakeville Fifth Addition 209907v4 subdivision iron monuments at property corners. The security was calculated as follows: 71 lots/outlots at $100.00 per lot/outlot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. G. The Developer shall pay a cash fee upon final plat approval for the preparation of record construction drawings and City base map updating which is calculated as follows: 71 units x $90.00/unit = $6,390.00 Lots/Outlots City Base Map Updating Fee Total H. The Developer shall pay a cash fee for one-year of streetlight operating expenses at the time of final plat approval, calculated as follows: 69 units x $40.48/unit = $2,793.12 Dwelling Units Streetlight Operating Fee Total I. 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. 28. 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 $1,253,110.15. 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 is calculated as follows: 14 Pheasant Run of Lakeville Fifth Addition 209907v4 CONSTRUCTION COSTS: A. Sanitary Sewer $213,273.60 B. Watermain 313,070.00 C. Storm Sewer 247,123.80 D. Street Construction 319,815.25 CONSTRUCTION SUB-TOTAL $1,093,282.65 OTHER COSTS: A. Developer’s Design (3.0%) $32,798.48 B. Developer’s Construction Survey (2.5%) 27,332.07 C. City Legal Expenses (Est. 0.5%) 5,466.41 D. City Construction Observation (Est. 5.0%) 54,664.13 E. Developer’s Record Drawings (0.5%) 5,466.41 F. Native Seeding Establishment 15,000.00 G. Street Lights 12,000.00 H. Lot Corners/Iron Monuments 7,100.00 OTHER COSTS SUB-TOTAL $159,827.50 TOTAL SECURITIES: $1,253,110.15 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all 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 15 Pheasant Run of Lakeville Fifth Addition 209907v4 Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 29. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Park Dedication 163,585.76 B. Sanitary Sewer Availability Charge 22,563.00 C. Trunk Storm Sewer Area Charge 141,659.73 D. Traffic Control Signs 2,350.00 E. Street Light Operating Fee 2,793.12 F. Environmental Resources Expenses 4,565.01 G. City Base Map Updating Fee 6,390.00 H. City Engineering Administration (3% for letters of credit or 3.25% for alternate disbursement) 32,798.48 SUBTOTAL CASH REQUIREMENTS $376,705.10 CREDITS TO THE CASH REQUIREMENTS Deeding Outlot A and B (Trunk Storm Sewer) $22,275.00 Removal of Temporary Cul-de-sac $2,000.00 SUBTOTAL –CREDITS TO THE CASH REQUIREMENTS $24,275.00 TOTAL CASH REQUIREMENTS WITH THE FINAL PLAT $352,430.10 30. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 16 Pheasant Run of Lakeville Fifth Addition 209907v4 31. 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 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 17 Pheasant Run of Lakeville Fifth Addition 209907v4 ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 32. 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. 33. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except 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. 18 Pheasant Run of Lakeville Fifth Addition 209907v4 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, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, 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. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this 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 19 Pheasant Run of Lakeville Fifth Addition 209907v4 under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury 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 20 Pheasant Run of Lakeville Fifth Addition 209907v4 endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 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 21 Pheasant Run of Lakeville Fifth Addition 209907v4 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 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. 34. 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: 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.] 22 Pheasant Run of Lakeville Fifth Addition 209907v4 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 ______________, 2020, 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 24 Pheasant Run of Lakeville Fifth Addition 209907v4 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT OLD NATIONAL BANK, a national banking association, successor by merger with Kleinbank, which holds: A Mortgage executed by KJ WALK, INC., a Florida corporation, dated September 11, 2018, filed September 12, 2018 as Document No. 3270088 in the amount of $3,500,000.00, in favor of Kleinbank, which was modified by Document No. 3325537, filed September 11, 2018, on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2020. OLD NATIONAL BANK By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2020, by ___________________________________ the ___________________________________ of Old National Bank, a national banking association, successor by merger with Kleinbank, on behalf of said entity. ________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 AMP/smt 1 City of Lakeville Planning Department Memorandum To: Daryl Morey, Planning Director From: Kris Jenson, Associate Planner Date: April 22, 2020 Subject: Pheasant Run of Lakeville Fifth Addition Final Plat Application Action Deadline: July 30, 2020 INTRODUCTION KJ Walk, Inc. has submitted an application and plans for the final plat of Pheasant Run of Lakeville Fifth Addition, which includes 69 single family lots located east of Pilot Knob Road (CSAH 31) and north of 179th Street. This is the fifth and final phase of the preliminary plat of 192 single family lots that was approved by the City Council on June 1, 2015. The Pheasant Run of Lakeville final plat of 51 single family lots was approved by the City Council on October 5, 2015, the Pheasant Run of Lakeville Second Addition final plat of 20 single family lots was approved by the City Council on October 17, 2016, the Pheasant Run of Lakeville Third Addition final plat of 23 single family lots was approved by the City Council on August 21, 2017, and the Pheasant Run of Lakeville Fourth Addition final plat of 29 single family lots was approved by the City Council on April 16, 2018. The lot, block and street design of the Pheasant Run of Lakeville Fifth Addition 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 C. Final Plat PLANNING ANALYSIS Existing Conditions. The Pheasant Run of Lakeville Fifth Addition final plat area consists of one parcel. Previously the site was used for agriculture and has been preliminary graded. 2 Zoning. The zoning of the property is RM-1, Medium Density Residential District. Single family homes are a permitted use within the RM-1 District. Lot Area. Single family lots within the RM-1 District are required to provide a minimum lot area of 8,400 square feet for interior lots and 10,200 square feet for corner lots. The area of the 69 lots in the final plat meet the minimum square footage required. Lot Width. The minimum lot width for single-family lots within the RM-1 District is 70 feet for interior lots and 85 feet for corner lots. All lots meet the minimum lot width requirement. Setbacks. Setback requirements for single family lots in the RM-1 District is outlined below: Front Side (Interior) Side (Corner) Rear 20 feet house 25 feet garage 7 feet 20 feet 30 feet The proposed building pads meet the minimum setback requirements for interior and corner lots. Development Density. The Pheasant Run of Lakeville Fifth Addition final plat consists of 69 single family lots on 22.32 acres for a gross density of 3.09 units per acre. Removing the outlots leaves 18.27 acres to be developed, resulting in a net density of 3.78 units per acre. Phasing. The fifth phase includes 69 single family lots and is the final phase of the Pheasant Run of Lakeville preliminary plat. Outlots. There are two outlots proposed with the Pheasant Run of Lakeville Fifth Addition final plat. Outlot A is 2.70 acres in area and will be deeded to the City for stormwater management purposes. Outlot B is 1.35 acres in area and will be deeded to the City for stormwater management purposes. Access. Pheasant Run of Lakeville Fifth Addition will have access from the existing Embers Avenue that was constructed with the Pheasant Run of Lakeville plat. Streets & Right-of-Way. Pheasant Run of Lakeville Fifth Addition will include the construction of the following streets: Eclipse Avenue will be a local residential 32-foot-wide street within a 60 foot right of way and will have a five (5) foot wide sidewalk on the west side of the street, terminating at Elder Avenue. Eclipse Avenue, north of the Pheasant Run of Lakeville Fifth Addition north plat boundary, will terminate in a permanent cul-de-sac. The cul-de-sac will be constructed by the Developer in conjunction with the required public improvements of the Pheasant Run of Lakeville Fifth Addition. The Developer currently owns the parcel to the north and will provide a temporary easement for the area of the cul-de-sac prior to the recording of the final plat. Elder Avenue will be a local residential 32-foot-wide street within a 60 foot right of way and will have a five (5) foot wide sidewalk on the south and east side of the street. 3 Element Avenue was constructed with the Pheasant Run of Lakeville Third Addition and a temporary cul-de-sac constructed at the east end of the street. With the Pheasant Run of Lakeville Fifth Addition, the temporary cul-de-sac will be removed and Element Avenue will connect to Eclipse Avenue. Trails. The North Creek Regional Greenway is located on the far east side of the plat area. The trail within the greenway corridor will be constructed as a future city project. The Developer will construct a short segment of trail from Eclipse Avenue south, between Lot 8, Block 6 and Lot 1, Block 7, which will ultimately cross the drainage swale and connect to Elgin Avenue in Farmington and provide a connection to the North Creek Greenway Trail. Landscaping. There is no required landscaping with the Pheasant Run of Lakeville Fifth Addition final plat. Park Dedication. A cash contribution of $163,585.76 is required to satisfy the Park Dedication requirement for Pheasant Run of Lakeville Fifth Addition. Please see the April 22, 2020 engineering report for more details. Tree Preservation. There are no significant trees within the Pheasant Run of Lakeville Fifth Addition final plat. Wetlands. There are no wetlands within the Pheasant Run of Lakeville Fifth Addition plat boundary. Grading, Drainage and Erosion Control. The final plat includes grading, drainage and Erosion control plans. Grading, drainage and erosion control is discussed in more detail in the April 22, 2020 engineering report. RECOMMENDATION The Pheasant Run of Lakeville Fifth Addition final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Planning Department staff recommends approval of the Pheasant Run of Lakeville Fifth Addition final plat subject to the following conditions: 1. The recommendations listed in the April 22, 2020 engineering report. 2. Outlots A and B must be deeded to the City with the Pheasant Run of Lakeville Fifth Addition final plat. 3. A five-foot-wide concrete sidewalk shall be constructed along one side of Eclipse Avenue and Elder Avenue at the developer’s expense as shown on the approved final plat plans. 4. The developer shall construct an eight-foot-wide bituminous trail in Outlot A, between Lot 8, Block 6 and Lot 1, Block 7. The Developer is responsible for 100% of the cost of the construction and restoration of the trail. 5. The developer shall pay $163,585.76 in park dedication fees with the final plat. ± FINAL PLAT AREA CITY OF FARMINGTON City of LakevilleLocation Map Pheasant Run of Lakeville Fifth Addition Final Plat EXHIBIT A 179TH S T ELEMENT AVE EMBERSAVE180TH ST For Review May 5, 2015 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly registered engineer under the laws of the State of Minnesota. Luke Warren Israelson 6001 Egan Drive, Ste 100, Savage, MN 55378 Phone: 952.226.3200 Web: www.kjwalk.com Date: 03/27/14 Revision: Original Preliminary Plat Set Preliminary Plat (West) Registration #: 51362 OF LAKEVILLELAKEVILLE, MN SHEET 2 of 13 Date: 5/5/2015 FILE PATH: C:\Users\Skills\Documents\Projects\Lakeville\Pheasant Run\Engineering\CAD\DWGs\PR1-FINAL PLAT-PF.dwg 0 60 120 180 06/17/14 Revised : City Comments 5' 7' 10' 30' 25' 10'ROW TYPICAL LOT SETBACKS AND EASEMENTS ROW 20'HOUSE SETBACKGARAGE SETBACK20' 10' 10' 30' 25' 10'20'HOUSE SETBACKGARAGE SETBACKROW 08/14/14 Revised 09/05/14 Revised SITE DATA TOTAL SITE AREA 80.208 AC. NUMBER OF SINGLE FAMILY LOTS 193 LOTS LOT AREA 58.901 AC. RIGHT OF WAY AREA (179TH ST W.)5.198 AC. RIGHT OF WAY AREA (LOCAL STREET)13.080 AC. RIGHT OF WAY AREA (PILOT KNOB)3.029 AC. OUTLOT AREA (OUTLOT A-J)16.639 AC. TOTAL DELINEATED WETLAND 0.939 AC. WETLAND TO BE PROTECTED 0.531 AC. WETLAND TO BE REPLACED 0.408 AC. SINGLE FAMILY LOT REQUIREMENTS (RS-4) MIN. LOT AREA - INTERIOR LOTS 8,400 S.F. MIN. LOT WIDTH AT SETBACK - INTERIOR LOTS 70 FEET MIN. LOT AREA - CORNER LOTS 10,200 S.F. MIN. LOT WIDTH AT SETBACK - CORNER LOTS 85 FEET MIN. LOT WIDTH AT SETBACK - CORNER LOTS ABUTTING 179TH ST W. 110 FEET MIN. LOT DEPTH - LOTS ABUTTING 179TH ST W. 150 FEET MINIMUM STEBACKS (RS-4) FRONT 25 FEET SIDE (HOUSE/GARAGE) 7 FEET SIDE (STREET)20 FEET REAR 30 FEET SIDE (179TH ST W.)30 FEET REAR (179TH ST W.)50 FEET 11/14/14 Revised 100 PROPERTY IS ZONED RM-1 BUT IS BEING DEVELOPED UNDER RS-4 STANDARDS. 12/17/14 Revised : City Comments 01/19/15 Revised 03/17/15 Revised 03/31/15 Revised 05/05/15 Revised For Review May 5, 2015 6001 Egan Drive, Ste 100, Savage, MN 55378 Phone: 952.226.3200 Web: www.kjwalk.com Date: 03/27/14 Revision: Original Preliminary Plat Set Preliminary Plat (East) OF LAKEVILLELAKEVILLE, MN SHEET 3 of 13 FILE PATH: C:\Users\Skills\Documents\Projects\Lakeville\Pheasant Run\Engineering\CAD\DWGs\PR1-FINAL PLAT-PF.dwg 0 60 120 180 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly registered engineer under the laws of the State of Minnesota. Luke Warren Israelson Registration #: 51362 Date: 5/5/2015 11/14/14 Revised 5' 7' 10' 30' 25' 10' TYPICAL LOT SETBACKS AND EASEMENTS ROW 20'HOUSE SETBACKGARAGE SETBACK20' 10' 10' 30' 25' 10'20'HOUSE SETBACKGARAGE SETBACKROW 12/17/14 Revised : City Comments 01/19/15 Revised 03/17/15 Revised 03/31/15 Revised 05/05/15 Revised 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 Daryl Morey, Planning Director Jerilyn Erickson, Finance Director Gene Abbott, Building Official Date: April 22, 2020 Subject: Pheasant Run of Lakeville Fifth Addition • Final Plat Review • Final Grading and Erosion Control Plan Review • Final Utility Plan Review BBAACCKKGGRROOUUNNDD KJ Walk, Inc. has submitted a final plat named Pheasant Run of Lakeville Fifth Addition. This is the fifth phase of the Pheasant Run preliminary plat approved by the City Council at their June 1, 2015 meeting. The proposed subdivision is located east of and adjacent to Pilot Knob Road (CSAH 31) and north of and adjacent to the Lakeville City limits. The parent parcel is Outlot C, Pheasant Run of Lakeville Third Addition, zoned RM-1, Medium Density Residential District. The final plat consists of sixty-nine (69) single-family lots and two (2) outlots within seven (7) blocks on 22.32 acres. The proposed development will be completed by: Developer: KJ Walk, Inc. Engineer/Surveyor: KJ Walk, Inc. PPHHEEAASSAANNTT RRUUNN OOFF LLAAKKEEVVIILLLLEE FFIIFFTTHH AADDDDIITTIIOONN–– FFIINNAALL PPLLAATT AAPPRRIILL 2222,, 22002200 PPAAGGEE 22 OOFF 88 The outlots created with the final plat shall have the following use: Outlot A: Stormwater management basin; to be deeded to the City (2.70 acres) Outlot B: Stormwater management basin; to be deeded to the City (1.35 acres) SSIITTEE CCOONNDDIITTIIOONNSS The Pheasant Run of Lakeville Fifth Addition site is undeveloped land. The stormwater basin within Outlot A was mass graded with the previous Pheasant Run of Lakeville phase. EEAASSEEMMEENNTTSS The parent parcel contains the following existing temporary public easements that will expire upon recording of the final plat: • Temporary Drainage and Utility Easement on Outlot E, Pheasant Run of Lakeville, per Document No. 3126898, in favor of the City of Lakeville. • Temporary Drainage and Utility Easement on Outlot D, Pheasant Run of Lakeville Third Addition, per Document No. 3217465, in favor of the City of Lakeville. SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT Eclipse Avenue Development of Pheasant Run of Lakeville Fifth Addition includes the construction of Eclipse Avenue, a local roadway. Eclipse Avenue is designed as 32-foot wide, two-lane urban roadway with a 5-foot wide concrete sidewalk along the north and west side of the street except the cul-de-sac portion. The roadway will terminate to the north in a permanent cul-de-sac located north of and adjacent to the north parcel boundary to be final platted. The Developer shall dedicate a temporary easement to accommodate the turnaround prior to final plat approval. The Developer is dedicating 60-feet of right-of-way. The temporary cul-de-sac at the end of Element Avenue shall be removed and the disturbed area shall be restored prior to the issuance of building permits adjacent to the Element Avenue and Eclipse Avenue intersection. The Developer shall receive a $2,000.00 credit for the removal and restoration of the temporary cul-de-sac per the Pheasant Run of Lakeville 3rd Addition final plat report consistent with escrow #8468. Elder Avenue Development of Pheasant Run of Lakeville Fifth Addition includes the construction of Elder Avenue, a local roadway. Elder Avenue is designed as 32-foot wide, two-lane urban roadway with a 5-foot wide concrete sidewalk along the east and south side of the street. The Developer is dedicating 60-feet of right-of-way. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility and street construction shall be from Eclipse Avenue, by way of Embers Avenue. PPHHEEAASSAANNTT RRUUNN OOFF LLAAKKEEVVIILLLLEE FFIIFFTTHH AADDDDIITTIIOONN–– FFIINNAALL PPLLAATT AAPPRRIILL 2222,, 22002200 PPAAGGEE 33 OOFF 88 PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS Development of Pheasant Run of Lakeville Fifth Addition includes the construction of public trails and sidewalks. A 5-foot wide concrete sidewalk, with pedestrian curb ramps, will be installed along one side of the local roadways. The North Creek Regional Greenway is located on the east side of the parent parcel. The trail within the greenway corridor will be constructed with a future City Project. A bituminous trail will be installed on the south side of Eclipse Avenue to provide a future connection to the parcel to the North Creek Regional Greenway. The Developer is responsible for all costs associated with the construction and restoration of the bituminous trail. 72.23% (138.68/192 lots) of the Park Dedication requirement was satisfied with previous phases of the Pheasant Run of Lakeville preliminary plat, through a combination of land dedication for a future greenway corridor and a cash contribution. The remainder of the Park Dedication requirement will be satisfied through a cash contribution. With 69 lots being platted with Pheasant Run of Lakeville Fifth Addition, the remaining 53.32 lots will be satisfied with the Park Dedication calculated as follows: 53.32 lots x $3,068 = $163,585.76 Lots remaining of Pheasant Run of Lakeville Preliminary Plat Park Dedication Rate Park Dedication Requirement UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Pheasant Run of Lakeville Fifth Addition is located within subdistrict NC-20020 of the North Creek sanitary sewer district, as identified in the City’s Comprehensive Sewer Plan. Public sanitary sewer will be extended within the subdivision from sanitary sewer constructed with the development 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 will be based on the rate in effect at the time of final plat approval, calculated as follows: 69 units x $327.00 = $22,563.00 Total Units In Pheasant Run of Lakeville Fifth Addition Sanitary Sewer Availability Charge Per Unit Sanitary Sewer Availability Charge required WWAATTEERRMMAAIINN Development of Pheasant Run of Lakeville Fifth Addition includes the extension of public watermain. Watermain will be extended within the development from watermain constructed with Pheasant Run of Lakeville to provide water service to the subdivision. The Developer shall dedicate a temporary drainage and utility easement over the proposed utilities to be located outside of the parcel to be platted prior to final plat approval. PPHHEEAASSAANNTT RRUUNN OOFF LLAAKKEEVVIILLLLEE FFIIFFTTHH AADDDDIITTIIOONN–– FFIINNAALL PPLLAATT AAPPRRIILL 2222,, 22002200 PPAAGGEE 44 OOFF 88 DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Pheasant Run of Lakeville Fifth Addition is located within subdistrict NCL-70 and NCL-71 of the North Creek stormwater district as identified in the City’s Water Resources Management Plan. Development of Pheasant Run of Lakeville Fifth Addition includes construction of public stormwater management basins to collect and treat the stormwater runoff generated from the site. The basins will provide water quality treatment and rate control of the stormwater runoff generated from the Pheasant Run of Lakeville Fifth Addition subdivision. The stormwater management basins will be located within Outlots A and B which will be deeded to the City with the final plat. Final design of all stormwater management facilities will be reviewed by City staff with the final construction plans. 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. Pheasant Run of Lakeville Fifth Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage has been submitted to the City. SSTTOORRMM SSEEWWEERR Development of Pheasant Run of Lakeville Fifth Addition includes the construction of a public storm sewer system. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basins located within Outlots A and B. Draintile construction is required in areas of non-granular soils within Pheasant Run of Lakeville Fifth Addition 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 Trunk Storm Sewer Area Charge has not been collected on the parent parcel, and must be paid with the final plat, calculated as follows: Gross Area of Pheasant Run of Lakeville Fifth 972,259.20 s.f. Less Area of Outlot A (Stormwater Management Basin) (-) 117,612.00 s.f. Less Area of Outlot B (Stormwater Management Basin) (-) 58,806.00 s.f. Total = 795,841.20 s.f. PPHHEEAASSAANNTT RRUUNN OOFF LLAAKKEEVVIILLLLEE FFIIFFTTHH AADDDDIITTIIOONN–– FFIINNAALL PPLLAATT AAPPRRIILL 2222,, 22002200 PPAAGGEE 55 OOFF 88 795,841.20 s.f. x $0.178/s.f. = $141,659.73 Net Area of Pheasant Run of Lakeville Fifth Addition Single Family Area Charge Total Trunk Storm Sewer Area Charge The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots A and B to the City, consistent with City policy. The credit is based on the area of the outlots and is calculated at the rate of $5,500 per acre, and will be applied to the final plat cash fees, calculated as follows: 4.05 acres x $5,500/acre = $22,275.00 Total Area of Outlots A and B Per Acre Credit Total Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. All public improvements shall be completed by November 30, 2021. Stormwater management including rear-yard storm sewer infrastructure must be constructed prior to the issuance of building permits. FEMA FLOODPLAIN ANALYSIS Pheasant Run of Lakeville Fifth Addition is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS There are no wetland impacts associated with the plat. TTRREEEE PPRREESSEERRVVAATTIIOONN The site was mass graded with the previous phase of the development. No additional trees will be removed with this phase. EERROOSSIIOONN CCOONNTTRROOLL A management plan including a schedule for the establishment of the Outlots 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. The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. The permit requires that all erosion and sediment BMPS be clearly outlined in a site’s SWPPP. Changes made throughout construction must be documented in the SWPPP. PPHHEEAASSAANNTT RRUUNN OOFF LLAAKKEEVVIILLLLEE FFIIFFTTHH AADDDDIITTIIOONN–– FFIINNAALL PPLLAATT AAPPRRIILL 2222,, 22002200 PPAAGGEE 66 OOFF 88 Erosion control blanket and seeding is required in all rear yard lot swales and ditches that are within 200 feet of a storm sewer inlet. It is the developer’s responsibility to establish all stormwater basin and City owned Outlots with the appropriate native seed mix. The developer must install silt fence around the basins once the basins are graded. 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. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Pheasant Run of Lakeville Fifth Addition. Construction costs are based upon estimates submitted by the Developer’s engineer on March 20, 2020. CONSTRUCTION COSTS Sanitary Sewer $ 213,273.60 Watermain 313,070.00 Storm Sewer Street Construction 247,123.80 319.815.25 SUBTOTAL - CONSTRUCTION COSTS $ 1,093,282.65 OTHER COSTS Developer’s Design (3.0%) $ 32,798.48 Developer’s Construction Survey (2.5%) 27,332.07 City’s Legal Expense (0.5%) 5,466.41 City Construction Observation (5.0%) 54,664.13 Developer’s Record Drawing (0.5%) 5,466.41 Native Seeding Establishment 15,000.00 Street Lights 12,000.00 Lot Corners/Iron Monuments 7,100.00 SUBTOTAL - OTHER COSTS $159,827.50 TOTAL PROJECT SECURITY $ 1,253,110.15 The street light security totals $12,000.00 which consists of ten (10) 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 $7,100.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all irons have been placed following site grading, street and utility construction. CCAASSHH FFEEEESS A cash fee for traffic control signs is due with Pheasant Run of Lakeville Fifth Addition. Street signing consists of: four stop and street blade combinations at $550 each and a mobilization PPHHEEAASSAANNTT RRUUNN OOFF LLAAKKEEVVIILLLLEE FFIIFFTTHH AADDDDIITTIIOONN–– FFIINNAALL PPLLAATT AAPPRRIILL 2222,, 22002200 PPAAGGEE 77 OOFF 88 fee of $150 for a total of $2,350. If the street signs are installed during frost conditions, the Developer shall pay an additional $150 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: 69 units x $40.48/unit = $2,793.12 Dwelling Units Streetlight Operating Fee Total A cash fee for one-year of environmental resources expenses shall be paid at the time of final plat approval and is calculated as follows: 69 units x $16.54/unit/qtr. x 4 qtrs. = $4,565.04 Dwelling Units Environmental Resources 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: 71 units x $90.00/unit = $6,390.00 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 $32,798.48. CASH REQUIREMENTS Park Dedication Fee 163,585.76 Sanitary Sewer Availability Charge 22,563.00 Trunk Storm Sewer Area Charge 141,659.73 Traffic Control Signs 2,350.00 Streetlight Operating Fee 2,793.12 Environmental Resources Expenses 4,565.01 City Base Map Updating Fee 6,390.00 City Engineering Administration (3.00%) 32,798.48 SUBTOTAL - CASH REQUIREMENTS $376,705.10 CREDITS TO THE CASH REQUIREMENTS Deeding Outlot A and B (Trunk Storm Sewer) $ 22,275.00 Removal of Temporary Cul-de-sac $2,000.00 SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 24,275.00 TOTAL CASH REQUIREMENTS WITH THE FINAL PLAT $352,430.10 PPHHEEAASSAANNTT RRUUNN OOFF LLAAKKEEVVIILLLLEE FFIIFFTTHH AADDDDIITTIIOONN–– FFIINNAALL PPLLAATT AAPPRRIILL 2222,, 22002200 PPAAGGEE 88 OOFF 88 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the final plat, grading and erosion control plan, utility plan for Pheasant Run of Lakeville Fifth Addition, subject to the requirements and stipulations within this report.