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HomeMy WebLinkAboutItem 06.h Date: Item No. CEDAR CROSSINGS 2ND ADDITION FINAL PLAT Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Cedar Crossings 2nd Addition final plat. Overview Arcon Land II, LLC has submitted a final plat application for 36 single family lots and two outlots on 23.473 acres of land located west of Cedar Avenue (CSAH 23) and north of the Cedar Landing development. The Cedar Crossings 2nd Addition final plat is consistent with the Cedar Crossings preliminary plat (108 single family lots) approved by the City Council on May 16, 2016 and the Cedar Crossings 2nd Addition preliminary plat (15 single family lots) approved by the City Council on November 20, 2017. Thirty seven (37) single family lots will remain to be platted after the approval of the Cedar Crossings 2nd Addition final plat. Primary Issue to Consider • None Supporting Information • Resolution approving the Cedar Crossings final plat • Signed development contract • March 20, 2020 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: Monica Waite, Planning & Zoning Specialist May 18, 2020 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 20- RESOLUTION APPROVING THE FINAL PLAT OF CEDAR CROSSINGS 2ND ADDITION WHEREAS, the owner of the property described as CEDAR CROSSINGS 2ND ADDITION has requested final plat approval; and WHEREAS, the preliminary plats were 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 plats; and WHEREAS, the final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. CEDAR CROSSINGS 2ND 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 18th day of May 2020. 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 18th 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 2 1 Cedar Crossings 2nd Addition 209671v3 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) CEDAR CROSSINGS 2ND ADDITION CONTRACT dated ____________________, 2020, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and ARCON LAND II, LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for CEDAR CROSSINGS 2ND 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: Outlots C and D, Cedar Crossings, 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 Cedar Crossings 2nd Addition 209671v3 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 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 3 Cedar Crossings 2nd Addition 209671v3 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: 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 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 4 Cedar Crossings 2nd Addition 209671v3 Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s 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 5 Cedar Crossings 2nd Addition 209671v3 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 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 or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose 6 Cedar Crossings 2nd Addition 209671v3 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 or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. The Developer is responsible for complying with the MPCA Construction Permit. The developer must keep the SWPPP up to date as well as making sure that all previously installed BMPs for the site are installed and functioning properly prior to the start of construction. Changes made throughout construction should be documented in the SWPPP. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water Conservation District. 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 2 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 7 Cedar Crossings 2nd Addition 209671v3 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. Cedar Crossings 2nd 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. 8 Cedar Crossings 2nd Addition 209671v3 A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon rece ipt 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 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 complete the construction of the public stormwater management basins within Outlot B of the Cedar Crossings 1st Addition final plat with the development of Cedar Crossings 2nd Addition. The basins were rough graded with the Cedar Crossings 1st Addition development and will be finished with the Cedar Crossings 2nd Addition final plat. Some revisions to the basin will be required due to groundwater that was encountered during initial construction. An updated basin grading plan for the basin west of the Water Quality Corridor must be submitted for review with 9 Cedar Crossings 2nd Addition 209671v3 final construction plans. The basins will provide water quality treatment, volume and rate control of the stormwater runoff generated from the Cedar Crossings 2nd Addition subdivision. The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and must be paid by the Developer with the Cedar Crossings 2nd Addition final plat, calculated as follows: Gross Area of Cedar Crossings 2nd Addition 1,022,467 s.f. Less Area of Outlot A (Future Development) (-) 23,250 s.f. Less Area of Outlot B (Future Development) (-) 447,266 s.f. Total = 551,951 s.f. 551,951 s.f. x $0.178/s.f. = $98,247.28 Net Area of Cedar Crossings 2nd Addition Single Family Area Charge Total Trunk Storm Sewer Area Charge The Trunk Storm Sewer Area Charge will be collected at the time Outlots A and B are final platted into lots and blocks, at the rate in effect at the time of final plat approval. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. 20. SANITARY SEWER. The Sanitary Sewer Availability Charge has not been collected on the parent parcels 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: 36 units x $327.00 = $11,772.00 Total Units In Cedar Crossings 2nd Addition Sanitary Sewer Availability Charge Per Unit Sanitary Sewer Availability Charge required 21. WATERMAIN. The Developer shall extend 8-inch watermain within the subdivision to serve the lots with Cedar Crossings 2nd Addition. The Developer shall extend the 8-inch watermain at the south end of Geyser Court to Cedar Avenue to provide a looped distribution system. Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City staff with the final construction plans. 22. OVERHEAD LINES. An overhead electric transmission line and poles are located within a 30-foot wide private transmission line easement in favor of Cooperative Power Association (per Doc. 10 Cedar Crossings 2nd Addition 209671v3 1640981) along the west side of Cedar Avenue on the parent parcels. The Developer shall not be required to place the existing transmission line underground with the development improvements, consistent with the City’s Public Ways and Property Ordinance. 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction shall be from 205th Street at the location of Geyser Court and from 205th Street at the location of Glade Avenue, via Cedar Avenue. 24. PARKS, TRAILS AND SIDEWALKS. The Developer shall construct 5-foot wide concrete sidewalks, with pedestrian curb ramps, along the south sides of 207th Street and Gosford Way, and along the east side of Glade Avenue. The Park Dedication requirement has not been collected on the parent parcels and will be satisfied through a combination of land dedication and cash contribution that will be paid by the Developer with the final plat based on the Park Dedication Fee in effect at the time of final plat. The density of the Cedar Crossings 1st Addition and Cedar Crossings 2nd Addition preliminary plats is 2.22 lots/acre (123 proposed lots/55.50 acres). The land dedication requirement for subdivisions with a density less than 3.0 lots/acre is 12%. The land dedication and cash contribution requirements are estimated as follows: Gross Area of Cedar Crossings Less Area of Delineated Wetlands to remain 60.27 (-) 0.54 Acres Acres Less Area of Cedar Ave. ROW Dedication (-) 4.23 Acres Total Buildable Area 55.50 Acres Land Dedication Requirement (12%) 6.66 Acres As part of the Cedar Crossings 1st Addition, the Developer dedicated 4.77 acres in Outlot E to the City for park land. This satisfies 71.62% of the required 6.66 acres for park dedication (88.09/123 lots), no cash contribution for parks will be due until the Developer has platted 88 lots. Cedar Crossings 1st Addition platted 50 lots and Cedar Crossings 2nd Addition is platting 36 lots, therefore no additional park land or cash contributions are due as part of the Cedar Crossings 2nd Addition final plat. The remaining 11 Cedar Crossings 2nd Addition 209671v3 28.38% (34.91 lots) of the park dedication requirement for Cedar Crossings will be satisfied with future phases through a cash contribution based on the rate in effect at the time of final plat. 25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay a cash fee for traffic control signs which is due with Cedar Crossings 2nd Addition. Street signing consists of three (3) stop and street blade combinations at $550.00 each, nine (9) nine- button delineators at $125.00 each, two (2) future thru street signs at $100.00 each and a mobilization fee of $150.00 for a total of $3,125.00. 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: 36 units x $40.48/unit = $1,457.28 Dwelling Units Streetlight Operating Fee Total 26. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay 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: 36 units x $16.54/unit/qtr. x 4 qtrs. = $2,381.76 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 occupanc y. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance 12 Cedar Crossings 2nd Addition 209671v3 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 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. 28. BUFFER YARD BERM/LANDSCAPE SCREEN. Cedar Avenue is a minor arterial roadway, as identified in the City’s Transportation Plan. The Developer shall provide plantings of a sufficient density to provide a visual screen and a reasonable buffer a minimum of ten feet in height adjacent to Cedar Avenue. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $21,398.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. 29. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the March 20, 2020 Planning Report and March 20, 2020, Engineering Report. B. 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 $3,800.00. 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. C. 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 $3,420.00. 13 Cedar Crossings 2nd Addition 209671v3 D. 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 $7,200.00 and consists of six (6) post-top street lights at $1,200.00 each. E. 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. 30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto, from a bank ("security") for $1,203,711.36. 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 $141,345.50 B. Watermain 195,477.50 C. Storm Sewer 226,205.00 D. Street Construction 414,995.25 E. Erosion Control and Restoration 72,482.00 CONSTRUCTION SUB-TOTAL $1,050,505.25 OTHER COSTS: A. Developer’s Design (3.0%) $31,515.16 B. Developer’s Construction Survey (2.5%) 26,262.63 C. City Legal Expenses (Est. 0.5%) 5,252.53 D. City Construction Observation (Est. 5.0%) 52,525.26 E. Developer’s Record Drawings (0.5%) 5,252.53 14 Cedar Crossings 2nd Addition 209671v3 F. Landscaping 21,398.00 G. Street Lights 7,200.00 H. Lot Corners/Iron Monuments 3,800.00 OTHER COSTS SUB-TOTAL $153,206.11 TOTAL SECURITIES: $1,203,711.36 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 Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 31. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Sanitary Sewer Availability Charge 11,772.00 B. Trunk Storm Sewer Area Charge 98,247.28 C. Traffic Control Signs 3,125.00 D. Street Light Operating Fee 1,457.28 E. Environmental Resources Expenses 2,381.76 F. City Base Map Updating Fee 3,420.00 15 Cedar Crossings 2nd Addition 209671v3 G. City Engineering Administration (3% for letters of credit or 3.25% for alternate disbursement) 31,515.16 TOTAL CASH REQUIREMENTS $151,918.48 32. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished 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. 33. 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. 16 Cedar Crossings 2nd Addition 209671v3 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 an y 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 ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 34. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 35. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, 17 Cedar Crossings 2nd Addition 209671v3 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 2 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. 18 Cedar Crossings 2nd Addition 209671v3 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 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 19 Cedar Crossings 2nd Addition 209671v3 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 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 20 Cedar Crossings 2nd Addition 209671v3 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 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 21 Cedar Crossings 2nd Addition 209671v3 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. 36. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 350 Highway 7, Suite 125, Excelsior, Minnesota 55331. 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 Cedar Crossings 2nd Addition 209671v3 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 1 City of Lakeville Planning Department Memorandum To: Daryl Morey, Planning Director From: Monica Waite, Planning & Zoning Specialist Date: March 20, 2020 Subject: Cedar Crossings 2nd Addition Final Plat INTRODUCTION Arcon Land II, LLC has submitted an application and plans for the final plat of Cedar Crossings 2nd Addition, which includes 36 single family lots located west of Cedar Avenue (CSAH 23) and north of the Cedar Landing development. The Cedar Crossings preliminary plat of 108 single family lots was approved by the City Council on May 16, 2016. The Cedar Crossings 2nd Addition preliminary plat of 15 single family lots and was approved by the City Council on November 20, 2017. The lot, block and street design of the Cedar Crossings 2nd Addition final plat is consistent with the approved preliminary plats. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. EXHIBITS A. Aerial Location Map B. Approved Preliminary Plats (2 pages) C. Final Plat (2 Pages) D. Grading & Drainage Plan (3 Pages) E. Dakota County Plat Commission Letter dated March 5, 2020 PLANNING ANALYSIS Zoning. In conjunction with the approval of both of the preliminary plats, the City Council approved a rezoning of the easterly portion of the subject property from RM-2, Medium Density Residential District to RS T-2, Single and Two-Family Residential District. Single family homes are a permitted use within the RST-2 District. Existing Conditions. The Cedar Crossings 2nd Addition final plat area has been used previously for agriculture but has not been planted the past few years. 2 Lot Area. Single family lots within the RST-2 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 36 lots in the final plat meet the minimum square footage required. Lot Width and Depth. The minimum lot width for single-family lots within the RST-2 District is 70 feet for interior lots and 85 feet for corner lots. Lots 8 and 9, Block 1 are considered double frontage lots and require 150 feet in lot depth. All lots meet the minimum lot width and depth requirements. Setbacks. Setback requirements for single family lots in the RST-2 District is outlined below: Front Side (Interior) Side (Corner) Rear (Interior) Rear (Double Frontage) 20 feet house 25 feet garage 7 feet 20 feet 30 feet 50 feet The proposed building pads meet the minimum setback requirements for interior, corner and double frontage lots. Development Density. The Cedar Crossings 2nd Addition final plat consists of 36 single family lots on 23.47 acres. This results in a gross density of 2.84 units per acre. The net density, excluding arterial road right-of-way, wetlands and stormwater ponding, park, and future development outlots is 3.57 units per acre. Phasing. Cedar Crossings is anticipated to be developed in three phases. There will be 37 remaining single-family lots to be final platted and developed after the Cedar Crossings 2nd Addition final plat. Outlots. There are two outlots proposed with the Cedar Crossings 2nd Addition final plat. • Outlot A is 0.534 acres in area and will be retained by the developer for future development. • Outlot B is 10.268 acres in area and will be retained by the developer for future development. Access. Cedar Crossings will have access from 205th Street at Cedar Avenue (CSAH 23) on the east and from the terminus of 205th Street in the Linden Ridge subdivision to the west. Plat Commission. Because the final abuts Cedar Avenue (CSAH 23), the Dakota County Plat Commission reviewed and approved the final plat at their March 4, 2020 meeting. The Plat Commission letter is included as Exhibit E. Streets & Right-of-Way. Geyser Court is being constructed as a permanent cul de sac with the development of Cedar Crossings 2nd Addition. Geyser Court is a 32 foot wide street within a 50 foot right-of-way. Based on environmental constraints and the proposed access terminating in a cul de sac, a 50 foot right of way is in compliance with City ordinance requirements. Glade Avenue will be a 32 foot wide street within a 60 foot right-of-way with a five foot wide sidewalk on the east side of the street. Glade Avenue will be extended south in the future to 3 provide a connection and access to the Cedar Landing subdivision and future neighborhood park. A “Future Street Extension” sign and barricades will be placed at the north and south ends of the street until it is extended in the future. Gosford Way will be a 32 foot wide street within a 60 foot right-of-way with a five foot wide sidewalk on the south / east side of the street. The street connects to 207th Street and Glade Avenue. 207th Street will be a 32 foot wide street within 60 feet of right-of-way with a five foot sidewalk along the south side and terminating just east of the Gosford Way intersection. 207th Street will be extended east to Glade Avenue with future phases of Cedar Crossings. Sidewalks/Trails. The developer will construct five foot wide concrete public sidewalks along the south sides of 207th Street and Gosford Way, and along the east side of Glade Avenue. There are no trails proposed to be constructed in the Cedar Crossings 2nd Addition final plat. Buffer Yard/Landscaping. The Developer included a landscape plan with the preliminary plat which proposes plantings just outside the pipeline easement area to provide a buffer for those lots adjacent to or that back up to Cedar Avenue (CSAH 23). The proposed plantings are a mix of overstory trees, evergreens and shrubs. A security for $21,398.00 is required to guarantee installation of the landscaping. Park Dedication. No park dedication is proposed with the Cedar Crossings 2nd Addition final plat. The Cedar Crossings plat dedicated 4.77 acres for park purposes, adjacent to the 3.36 acres of land dedicated for park purposes by the Cedar Landing subdivision. This satisfies 71.62% of the required 6.66 acres for park dedication (88.09/123 lots). The remainder of the park dedication requirement will be satisfied with future phases through a cash contribution based on the rate in effect at the time of the final plat. Tree Preservation. There are no signi ficant trees within the area of the Cedar Crossings 2nd Addition final plat. Wetlands. The wetland delineation for the site was approved on September 1, 2013. No wetland impacts are proposed with the development of Cedar Crossings 2nd Addition. 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 March 20, 2020 engineering report. Subdivision Identification Sign. The developer is not proposing a subdivision identification sign within this phase of the final plat. RECOMMENDATION The Cedar Crossings 2nd Addition final plat is consistent with the approved preliminary plats and complies with the requirements of the Zoning and Subdivision Ordinances. Planning Department staff recommends approval of the Cedar Crossings 2nd Addition final plat subject to the following conditions: 4 1. The recommendations listed in the March 20, 2020 engineering report. 2. Five foot wide concrete sidewalks shall be constructed at the developer’s expense as shown on the approved final plat plans. 3. Landscaping shall be installed consistent with the approved landscape plan. A $21,398.00 security shall be submitted to guarantee installation of the approved landscaping. 4. Future street extensions signs and barricades are required at the south end of Glade Avenue. ±CEDAR AVE (CSAH 23)Cedar Crossings 2nd Addition Final Plat Areas 202ND ST Cedar Crossings 2nd Addition Final Plat areas City of Lakeville Aerial Map EXHIBIT AGREENWOOD AVE205TH ST 204TH ST GLADEAVE206TH ST Outlot D, CEDAR CORSSING, Dakota County, Minnesota. (At the time of this plan, the plat of CEDAR CORSSING is not of record) PROPERTY DESCRIPTION KNOW ALL PERSONS BY THESE PRESENTS: That Arcon Land II, LLC, a Minnesota limited liability company, owner of the following described property: Outlot C and Outlot D, CEDAR CROSSINGS Has caused the same to be surveyed and platted as CEDAR CROSSINGS 2ND ADDITION and does hereby dedicate to the public for public use the public ways and the drainage and utility easements as created on this plat. In witness whereof said Arcon Land II, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 20 . Arcon Land II, LLC By: Scott Johnson, Chief Manager STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20 , by Scott Johnson, the Chief Manager of Arcon Land II, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Signature Printed Name County, My commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 ______________________________________________________________ Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481 STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on this day of , 20 , by Marcus F. Hampton. Signature Printed Name County, My commission expires January 31, CITY COUNCIL, CITY OF LAKEVILLE, STATE OF MINNESOTA This plat of CEDAR CROSSINGS was approved and accepted by the City Council of the City of Lakeville, Minnesota at a regular meeting thereof held this day of , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. By: Mayor Clerk DAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 . By: Todd B. Tollefson, Dakota County Surveyor COUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTA We do hereby certify that on the _____ day of _______________, 20___, the Board of Commissioners of Dakota County, Minnesota, approved this plat of CEDAR CROSSINGS 2ND ADDITION and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to the Dakota County Contiguous Plat Ordinance. By: ___________________________________ Attest: ___________________________________ Chair, Dakota County Board Dakota County Treasurer - Auditor DAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 . By: Amy A. Koethe, Director, Department Of Property Taxation and Records COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that this plat of CEDAR CROSSINGS 2ND ADDITION was filed in the office of the County Recorder for public record on this day of , 20 , at o'clock . M. and was duly filed in Book of Plats, Page , as Document Number . By: Amy A. Koethe, County Recorder VICINITY MAP BEARINGS ARE BASED ON THE WEST LINE OF OUTLOT D, CEDAR CROSSINGS WHICH IS ASSUMED TO HAVE A BEARING OF S 00°26'35" W NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481. DENOTES 1/2 INCH IRON MONUMENT FOUND WITH CAP MARKED R.L.S. NO. 47481 DENOTES RESTRICTED ACCESS TO DAKOTA COUNTY PER THE DAKOTA COUNTY CONTIGUOUS PLAT ORDINANCE BEARINGS ARE BASED ON THE WEST LINE OF OUTLOT D, CEDAR CROSSINGS WHICH IS ASSUMED TO HAVE A BEARING OF S 00°26'35" W NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481. DENOTES 1/2 INCH IRON MONUMENT FOUND WITH CAP MARKED R.L.S. NO. 47481 DENOTES RESTRICTED ACCESS TO DAKOTA COUNTY PER THE DAKOTA COUNTY CONTIGUOUS PLAT ORDINANCE DRAINAGE AND UTILITY EASEMENTS BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING LOT LINES, AND BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING RIGHT OF WAY LINES, AS SHOWN ON THE PLAT. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: EXHIBIT D l l l l l l lllllllllllllllll l l l l l l lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 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 March 5, 2020 City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Re: CEDAR CROSSINGS 2ND ADDITION The Dakota County Plat Commission met on March 4, 2020, to consider the Final Plat of the above referenced plat. The plat is adjacent to CSAH 23 (Cedar Avenue) and is therefore subject to the Dakota County Contiguous Plat Ordinance. This is a replat of a recent Outlot. The plat meets the right-of-way needs and right of way guidelines. There are no other comments. The Plat Commission has approved the final plat and will recommend approval to the County Board of Commissioners. Traffic volumes on CSAH 23 are 20,300 ADT and are anticipated to be 33,000 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 Gordon 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: Monica Waite, Planning & Zoning Specialist From: Logan Vlasaty, Civil Engineer McKenzie L. Cafferty, Environmental Resources Manager John Hennen, Parks and Recreation Director Copy: Zach Johnson, City Engineer Jerilyn Erickson, Finance Director Daryl Morey, Planning Director Gene Abbott, Building Official Date: March 20, 2020 Subject: Cedar Crossings 2nd Addition • Final Plat Review • Final Grading and Erosion Control Plan Review • Final Drainage and Utility Plan Review • Final Tree Preservation Plan Review BBAACCKKGGRROOUUNNDD Arcon Land II, LLC has submitted a final plat named Cedar Crossings 2nd Addition. The final plat is the second phase of the Cedar Crossings preliminary plat approved by the City Council at their May 16, 2016 meeting and second phase of the Cedar Crossings 2nd Addition preliminary plat approved by the City Council at their November 20, 2017 meeting. The proposed subdivision is located west of and adjacent to Cedar Avenue (CSAH 23), south of and adjacent to 205th Street, and north of 210th Street. The parent parcel consists of Outlots C and D, Cedar Crossings zoned RST-2, Single and Two Family Residential District. The final plat consists of thirty-six (36) single-family lots within four (4) blocks and two (2) outlots on 23.47 acres. The outlots created with the final plat shall have the following use: Outlot A: Future Development; to be retained by the Developer (0.534 acres) Outlot B: Future Development; to be retained by the Developer (10.268 acres) CCEEDDAARR CCRROOSSSSIINNGGSS 22NNDD AADDDDIITTIIOONN MMAARRCCHH 2200,, 22002200 PPAAGGEE 22 OOFF 1100 The proposed development will be completed by: Developer: Arcon Land II, LLC Engineer/Surveyor: James R. Hill, Inc. SSIITTEE CCOONNDDIITTIIOONNSS The Cedar Crossings 2nd Addition site consists of undeveloped cultivated agricultural land. The East Branch of South Creek bisects the parent parcels. The land generally slopes west to east to the East Branch of South Creek, which drains north to south through the property. Existing private utilities (gas lines and underground fiber optic) are located along the east side of the property. EEAASSEEMMEENNTTSS The parent parcels contain existing public and private easements located on the east side of the property. The following easements will remain with the proposed development: • 100-foot wide Williams Pipeline easement per Document No. 1726151 • 30-foot wide maintenance and danger tree easement for overhead transmission lines per document No. 1640981 • 90 to 150-foot drainage and utility easement per document No. 1651143 SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT Cedar Avenue (CSAH 23) Cedar Crossings 2nd Addition is located west of and adjacent to Cedar Avenue, a minor arterial County highway, as identified in the City’s Transportation Plan. Cedar Avenue adjacent to the site is a four-lane divided roadway. Cedar Avenue adjacent to Cedar Crossings 2nd Addition is rural, consisting of a center median curb and gutter island. The current Dakota County Plat Review Needs Map indicates a half right-of-way requirement of 75-feet for a four-lane divided highway. The final plat was reviewed and recommended for approval by the Dakota County Plat Commission at its March 4, 2020 meeting. 205th Street Cedar Crossings 2nd Addition is located adjacent to 205th Street, a minor collector as identified in the City’s Transportation Plan. The portion of 205th Street adjacent to the development was constructed with the first phase of Cedar Crossings and is designed as a 40-foot wide, two- lane urban roadway. Geyser Court CCEEDDAARR CCRROOSSSSIINNGGSS 22NNDD AADDDDIITTIIOONN MMAARRCCHH 2200,, 22002200 PPAAGGEE 33 OOFF 1100 Development of Cedar Crossings 2nd Addition includes the extension of Geyser Court, a local street that was partially constructed with the first phase of Cedar Crossings. Geyser Court is designed as a 32-foot wide, two-lane urban street, terminating in a permanent cul-de-sac. The Developer is dedicating 50-feet of right-of-way in compliance with City ordinance requirements. Glade Avenue Development of Cedar Crossings 2nd Addition includes the extension of Glade Avenue, a local street that was partially constructed with the first phase of Cedar Crossings. Glade Avenue is designed as a 32-foot wide, two-lane urban street with a sidewalk along the east side of the street. The Developer is dedicating 60-feet of right-of-way in compliance with City ordinance requirements. Glade Avenue will be extended south in the future to provide a connection and access to the Cedar Landing subdivision and future neighborhood park. A “Future Street Extension” sign and barricades must be placed at the south terminus of Glade Avenue until extended in the future. Gosford Way Development of Cedar Crossings 2nd Addition includes the construction of Gosford Way, a local street that terminates its south end at 207th Street and its east end at Glade Avenue. Gosford Way is designed as a 32-foot wide, two-lane urban street with a sidewalk along the south and east side of the street. The Developer is dedicating 60-feet of right-of-way in compliance with City ordinance requirements. 207th Street Development of Cedar Crossings 2nd Addition includes the construction and extension of a portion of 207th Street, a local street that continues into the Linden Ridge development to the west. 207th Street is designed as a 32- foot wide, two-lane urban street with a sidewalk along the south side and terminating just east of the Gosford Way intersection. 207th Street will be extended east to Glade Avenue with future phases of Cedar Crossings. 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 from 205th Street at the location of Geyser Court and from 205th Street at the location of Glade Avenue. PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS Development of Cedar Crossings includes the construction of public sidewalks. 5-foot wide concrete sidewalks, with pedestrian curb ramps, will be installed along the south sides of 207th Street and Gosford Way, and along the east side of Glade Avenue. CCEEDDAARR CCRROOSSSSIINNGGSS 22NNDD AADDDDIITTIIOONN MMAARRCCHH 2200,, 22002200 PPAAGGEE 44 OOFF 1100 The Park Dedication requirement has not been collected on the parent parcel and will be satisfied through a combination of land dedication and cash contribution that will be paid with the final plat based on the Park Dedication Fee in effect at the time of final plat. The density of the Cedar Crossings 1st Addition and Cedar Crossings 2nd Addition preliminary plats is 2.22 lots/acre (123 proposed lots/55.50 acres). The land dedication requirement for subdivisions with a density less than 3.0 lots/acre is 12%. The land dedication and cash contribution requirements are estimated as follows: Gross Area of Cedar Crossings Less Area of Delineated Wetlands to remain 60.27 (-) 0.54 Acres Acres Less Area of Cedar Ave. ROW Dedication (-) 4.23 Acres Total Buildable Area 55.50 Acres Land Dedication Requirement (12%) 6.66 Acres As part of the Cedar Crossings 1st Addition, the Developer dedicated 4.77 acres in Outlot E to the City for park land. This satisfies 71.62% of the required 6.66 acres for park dedication (88.09/123 lots), no cash contribution for parks will be due until the Developer has platted 88 lots. Cedar Crossings 1st Addition platted 50 lots and Cedar Crossings 2nd Addition is platting 36 lots, therefore no additional park land or cash contributions are due as part of the Cedar Crossings 2nd Addition final plat. The remaining 28.38% (34.91 lots) of the park dedication requirement for Cedar Crossings will be satisfied with future phases through a cash contribution based on the rate in effect at the time of final plat. UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Cedar Crossings 2nd Addition is located within subdistrict SC-10045 of the South Creek sanitary sewer district as identified in the City’s Comprehensive Sewer Plan. Wastewater will be conveyed to the MCES Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. The dow nstream facilities have sufficient capacity to serve the proposed subdivision. Development of Cedar Crossings required the construction of 10-inch trunk sanitary sewer from the north plat boundary to Cedar Avenue. This was done with the Cedar Crossings 1st Addition final plat in accordance with the City’s Comprehensive Sewer Plan. 8-inch sanitary sewer will be extended within the subdivision from this sewer to provide sanitary sewer service to the development. The downstream sanitary sewer to serve Cedar Crossings 2nd Addition was constructed with the development of Cedar Crossings 1st Addition final plat. A Lateral Sanitary Sewer Access Charge was due for the lateral portion of 15-inch sanitary sewer within Cedar Avenue right-of- way and was paid with the Cedar Crossings 1st Addition final plat. CCEEDDAARR CCRROOSSSSIINNGGSS 22NNDD AADDDDIITTIIOONN MMAARRCCHH 2200,, 22002200 PPAAGGEE 55 OOFF 1100 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: 36 units x $327.00 = $11,772.00 Total Units In Cedar Crossings 2nd Addition Sanitary Sewer Availability Charge Per Unit Sanitary Sewer Availability Charge required WWAATTEERRMMAAIINN Development of Cedar Crossings 2nd Addition includes the extension of 8-inch watermain within the subdivision. Watermain to serve the lots with Cedar Crossings 2nd Addition was extended from trunk watermain in Cedar Avenue as part of the development of Cedar Crossings 1st Addition final plat. The Developer shall extend the 8-inch watermain at the south end of Geyser Court to Cedar Avenue to provide a looped distribution system. The Developer shall extend the 8-inch watermain on Glade Avenue to the south plat boundary for future development and install a temporary hydrant at the dead end. The Developer shall not connect the 8-inch watermain on 207th Street into the existing 8-inch watermain on Gunnision Drive that was installed with the Linden Ridge development. The Linden Ridge watermain network is a low-pressure system and is not compatible with the Cedar Crossings watermain network. The Developer shall install a hydrant in the north boulevard of 207th Street to dead end the system at the west boundary of the Cedar Crossings 2nd Addition final plat. Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City staff with the final construction plans. OOVVEERRHHEEAADD LLIINNEESS An overhead electric transmission line and poles are located within a 30-foot wide private transmission line easement in favor of Cooperative Power Association (per Doc. 1640981) along the west side of Cedar Avenue on the parent parcels. The existing transmission line will not be required to be placed underground with the development improvements, consistent with the City’s Public Ways and Property Ordinance. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Cedar Crossings 2nd Addition is located within subdistrict SC-73 of the South Creek stormwater district as identified in the City’s Water Resources Management Plan. Development of Cedar Crossings 2nd Addition includes the completion of construction of a public stormwater management basin within Outlot B of the Cedar Crossings 1st Addition final CCEEDDAARR CCRROOSSSSIINNGGSS 22NNDD AADDDDIITTIIOONN MMAARRCCHH 2200,, 22002200 PPAAGGEE 66 OOFF 1100 plat. The basin was rough graded with the Cedar Crossings 1st Addition development and will be finished with the Cedar Crossings 2nd Addition final plat. Some revisions to the basin will be required due to groundwater that was encountered during initial construction. An updated basin grading plan will be submitted for review with final construction plans. The basin will provide water quality treatment, volume and rate control of the stormwater runoff generated from the Cedar Crossings 2nd Addition subdivision. The stormwater basin design is consistent with City requirements. 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. Cedar Crossings 2nd Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. SSTTOORRMM SSEEWWEERR Development of Cedar Crossings 2nd Addition includes the construction of public storm sewer systems. 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 Outlot B of the Ce dar Crossings 1st Addition final plat. Draintile construction is required in areas of non-granular soils within Cedar Crossings 2nd 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 parcels and must be paid with the Cedar Crossings 2nd Addition final plat, calculated as follows: Gross Area of Cedar Crossings 2nd Addition 1,022,467 s.f. Less Area of Outlot A (Future Development) (-) 23,250 s.f. Less Area of Outlot B (Future Development) (-) 447,266 s.f. Total = 551,951 s.f. 551,951 s.f. x $0.178/s.f. = $98,247.28 Net Area of Cedar Crossings 2nd Addition Single Family Area Charge Total Trunk Storm Sewer Area Charge CCEEDDAARR CCRROOSSSSIINNGGSS 22NNDD AADDDDIITTIIOONN MMAARRCCHH 2200,, 22002200 PPAAGGEE 77 OOFF 1100 The Trunk Storm Sewer Area Charge will be collected at the time Outlots A and B are final platted into lots and blocks, at the rate in effect at the time of final plat approval. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. FEMA FLOODPLAIN ANALYSIS Portions of Outlots A and B, Cedar Crossings are 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 Cedar Crossings development plans include filling and grading with the floodplain, including the regulatory floodway. Impacts to the floodplain require conditional approval from FEMA to remap the floodplain boundaries prior to grading or site development. The City submitted a Conditional Letter of Map Revision (CLOMR) application to FEMA on March 29, 2018. FEMA issued approval of the CLOMR on September 6, 2018. Following completion of the development improvements, a Letter of Map Revision (LOMR) is required to modify the FIRM. The remainder of the Cedar Crossings 2nd Addition final plat (outside of Outlots A and B) are designated as Zone X by FEMA, which is located outside of the SFHA. WWEETTLLAANNDDSS No wetland impacts are proposed with the development of Cedar Crossings 2nd Addition. All wetland permitting was completed with the Cedar Crossings 1st Addition. RREESSIIDDEENNTTIIAALL BBUUFFFFEERR YYAARRDD RREEQQUUIIRREEMMEENNTTSS Cedar Avenue is a minor arterial roadway, as identified in the City’s Transportation Plan. Plantings of a sufficient density to provide a visual screen and a reasonable buffer a minimum of ten feet in height sh all be provided adjacent to Cedar Avenue. TTRREEEE PPRREESSEERRVVAATTIIOONN There are no significant trees within the parent parcel. EERROOSSIIOONN CCOONNTTRROOLL The Developer is responsible for complying with the MPCA Construction Permit. The developer must keep the SWPPP up to date as well as making sure that all previously installed BMPs for the site are installed and functioning properly prior to the start of construction. Changes made throughout construction should be documented in the SWPPP. CCEEDDAARR CCRROOSSSSIINNGGSS 22NNDD AADDDDIITTIIOONN MMAARRCCHH 2200,, 22002200 PPAAGGEE 88 OOFF 1100 Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water Consevation District. 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 Cedar Crossings 2nd Addition. Construction costs are based upon estimates submitted by the Developer’s engineer on February 21, 2020. CONSTRUCTION COSTS Sanitary Sewer $ 141,345.50 Watermain 195,477.50 Storm Sewer Street Construction 226,205.00 414,995.25 Erosion Control and Restoration 72,482.00 SUBTOTAL - CONSTRUCTION COSTS $ 1,050,505.25 OTHER COSTS Developer’s Design (3.0%) $ 31,515.16 Developer’s Construction Survey (2.5%) 26,262.63 City’s Legal Expense (0.5%) 5,252.53 City Construction Observation (5.0%) 52,525.26 Developer’s Record Drawing (0.5%) 5,252.53 Landscaping Street Lights 21,398.00 7,200.00 Lot Corners/Iron Monuments 3,800.00 SUBTOTAL - OTHER COSTS $153,206.10 TOTAL PROJECT SECURITY $ 1,203,711.35 The street light security totals $7,200 which consists of six (6) post-top street lights at $1,200 each. The platted area is serviced by both Dakota Electric Association and Xcel Energy. 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 $3,800.00. 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 Cedar Crossings 2nd Addition. Street signing consists of three (3) stop and street blade combinations at $550 each, nine (9) nine-button delineators at $125 each, two (2) future thru street signs at $100 each and a mobilization fee CCEEDDAARR CCRROOSSSSIINNGGSS 22NNDD AADDDDIITTIIOONN MMAARRCCHH 2200,, 22002200 PPAAGGEE 99 OOFF 1100 of $150 for a total of $3,125.00. 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: 36 units x $40.48/unit = $1,457.28 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: 36 units x $16.54/unit/qtr. x 4 qtrs. = $2,381.76 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: 38 units x $90.00/unit = $3,420.00 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 $31,515.16. CASH REQUIREMENTS Sanitary Sewer Availability Charge 11,772.00 Trunk Storm Sewer Area Charge 98,247.28 Traffic Control Signs Streetlight Operating Fee 3,125.00 1,457.28 Environmental Resources Expenses 2,381.76 City Base Map Updating Fee 3,420.00 City Engineering Administration (3.00%) 31,515.16 TOTAL CASH REQUIREMENTS WITH THE FINAL PLAT $151,918.48 RREECCOOMMMMEENNDDAATTIIOONN CCEEDDAARR CCRROOSSSSIINNGGSS 22NNDD AADDDDIITTIIOONN MMAARRCCHH 2200,, 22002200 PPAAGGEE 1100 OOFF 1100 Engineering recommends approval of the Cedar Crossings 2nd Addition final plat, grading and erosion control plan, utility plan and tree preservation plan, subject to the requirements and stipulations wit hin this report.