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HomeMy WebLinkAboutItem 06.i Date: Item No. CEDAR HILLS FINAL PLAT Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving the Cedar Hills final plat, and 2) a resolution establishing no parking on 202nd Street. Overview U.S. Home Corporation, dba Lennar has submitted a final plat application for 16 single family lots and 16 detached townhome lots, two common area lots, and six outlots on 159.54 acres of land located east of Cedar Avenue (CSAH 23) and south of 200th Street (CR 64). The Cedar Hills preliminary plat of 139 single family lots and 205 detached townhome lots was approved by the City Council on July 20, 2020. The Cedar Hills final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. Primary Issue to Consider Why is the 202nd Street right of way being platted to the city boundary with Farmington at this time? The City is partnering with the Developer, City of Farmington, and ISD 192 to provide a second access to Farmington High School. The developer will design and construct 202nd Street to the city boundary and the private north-south high school roadway access with Phase 2 of the Cedar Hills plat or November 1, 2021, whichever comes first. The City will enter a joint powers agreement with the City of Farmington and ISD 192 to provide funding to reimburse the Developer for the design, administration, and construction costs for the improvements outside the plat boundary. Supporting Information • Final plat resolution • No parking resolution • Signed development contract • Stormwater maintenance agreement • August 20, 2020 Planning Report and August 27, 2020 Engineering Report Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: Zoning & Subdivision Ordinances Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Associate Planner September 8, 2020 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 20-______ RESOLUTION APPROVING THE FINAL PLAT OF CEDAR HILLS WHEREAS, the owner of the property described as CEDAR HILLS 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. CEDAR HILLS final plat is approved subject to the development contract and security requirements and applicant providing to the City a fully executed City standard stormwater maintenance agreement as required under the development contract 2. The Mayor and City Clerk are hereby authorized to sign the development contract, the stormwater maintenance agreement, and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. 2 ADOPTED by the Lakeville City Council this 8th day of September 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 8th day of September 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 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO: RESOLUTION DESIGNATING “NO PARKING” AREAS ON 202ND STREET WHEREAS, the City Council for the City of Lakeville is authorized in accordance with City Code to designate parking zones within the city, and WHEREAS, the section of 202nd Street that will be constructed within the Cedar Hills final plat is a major collector street, and WHEREAS, establishing “No Parking” areas on 202nd Street will discourage potential on-street parking, maintain sufficient access to the traffic lanes, provide increased sight lines for drivers, and reduce the interaction between vehicles and pedestrians. NOW, THEREFORE, BE IT RESOLVED, that the north and south sides of 202nd Street between the east plat boundary of Cedar Hills and Cedar Avenue (CSAH 23) shall be designated “No Parking” anytime. ADOPTED by the Lakeville City Council this 8th day of September 2020. CITY OF LAKEVILLE By: ________________________________ Douglas P. Anderson, Mayor ATTEST: __________________________________ Charlene Friedges, City Clerk Cedar Hills 211409v5 1 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) CEDAR HILLS CONTRACT dated ____________________, 2020, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and U.S. HOME CORPORATION, a Delaware corporation, d/b/a LENNAR (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for CEDAR HILLS (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described in Exhibit “A” attached hereto and made a part hereof: 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the Developer and its Cedar Hills 211409v5 2 construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles’ office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil Cedar Hills 211409v5 3 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 Developer shall submit plans and specifications which have been prepared by a competent registered Cedar Hills 211409v5 4 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 C. MnDot for Work in Right-of-Way Cedar Hills 211409v5 5 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, 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 or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading Cedar Hills 211409v5 6 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 meeting all the requirements of the MPCA Construction Permit. A detailed SWPPP must be submitted to the City for review prior to any land disturbance. Redundant silt fence is required along all wetlands and waterways that do not have a 50-foot established buffer. The Developer is responsible for the establishment of native vegetation around all stormwater treatment basins and any disturbed or farmed buffer. A management plan including a schedule for maintenance must be included in the final plat plans. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Vermillion River Watershed JPO. Any additional measures required shall be installed and maintained by the Developer. 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 Cedar Hills 211409v5 7 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. Development of Cedar Hills includes the 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 subdivision. Due to the high Cedar Hills 211409v5 8 elevation of groundwater and in-situ clay soils, infiltration is not feasible in the majority of the development. Water quality will be provided through a private water re-use system to the open space areas in the development. The privately owned and maintained re-use system will be constructed for stormwater collected in the proposed basin on Outlot A to irrigate the common lot open space and must be constructed and paid for by the Developer. Cedar Hills contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or 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 Cedar Hills 211409v5 9 construction and will be billed on hourly rates estimated to be five percent (5%) of the estimated construction cost. 19. STORM SEWER. The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and must be paid with the Cedar Hills final plat, calculated as follows: Trunk Storm Sewer Area Charge Summary Gross Area of Cedar Hills 6,949,622.44 s.f. Less Area of Outlot A (Stormwater Management Basin) (-) 70,176.43 s.f. Less Area of Outlot B (Future Development) (-) 1,272,939.22 s.f. Less Area of Outlot C (Future Development) Less Area of Outlot D (Future Development) Less Area of Outlot E (Future Development) Less Area of Outlot F (Stormwater Management Basin and Wetlands) Less Cedar Avenue, 200th Street and 202nd Street Right-of-Way (-) 1,605,284.70 s.f. (-) 1,672,050.01 s.f. (-) 979,813.08 s.f. (-) 281,929.05 s.f. (-) 584,139.60 s.f. Total = 483,290.35 s.f. 483,290.35 s.f. x $0.178/s.f. = $86,025.68 Net Area of Cedar Hills 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 F, calculated as follows: 8.08 acres x $5,500/acre = $44,440.00 Outlots A and F Per Acre Credit Total 20. SANITARY SEWER. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid by the Developer upon final plat approval. The fee will be based on the current rate in effect at the time of final plat approval, calculated as follows: 32 units x $327.00 = $10,464.00 Total Units 2020 Sanitary Sewer Availability Charge Per Unit Sanitary Sewer Availability Charge required 21. WATERMAIN. Consistent with the City’s Water Plan, trunk watermain extensions are required to be completed with the final plat. The Developer shall extend the 12-inch trunk watermain along 202nd Street from Cedar Avenue to Geneva Trail with the final plat. The Developer shall extend 12-inch watermain east at the time 202nd Street is extended east of Geneva Trail. Cedar Hills 211409v5 10 The Developer shall extend 16-inch trunk watermain along the east side of Cedar Avenue from 202nd Street to 200th Street adjacent to the plat at the time Outlot B is final platted into lots and blocks adjacent to Cedar Avenue. The portion of the plat south of 202nd Street is located within the City’s Air Lake low pressure zone. A pressure reducing valve will be installed by the City in the southwest corner of Cedar Avenue and 202nd Street to provide a secondary pressure loop to the City’s normal pressure zone in 2021. The portion of the development north of 202nd Street is located in the City’s normal pressure zone. Watermain between the two zones will not be looped in the development as a pressure reducing valve will not be constructed. The City shall credit the Developer for the oversizing of the 12” trunk watermain in the development. The credit will be based on the cost difference between 8-inch watermain and the oversized watermain that will be installed. The $8,670.00 credit will be applied to the Developer’s final plat cash fees and is based on an estimate provided by the Developer’s engineer. 22. OVERHEAD LINES. An overhead electric transmission line and poles are located along the east side of Cedar Avenue on the parent parcels. No modifications are required to this infrastructure. An overhead electric line and poles are located along the south side of 200th Street adjacent on the parent parcels. The Developer is required to remove the poles and place the utilities underground from Cedar Avenue to the east plat boundary at the time Outlot B is final platted into lots and blocks, consistent with the City’s Public Ways and Property Ordinance. 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction will be from a single entrance on 202nd Street at Cedar Avenue. Access to the existing adjacent local roadways shall be limited as much as feasible for the development construction. 24. PARKS, TRAILS, AND SIDEWALKS. The City’s Parks, Trails and Open Space Plan designates a future neighborhood park on the southeast parent parcels, extending from the existing park in Spyglass. The Park Dedication requirement has not been collected on the parent parcels and shall be satisfied through land dedication and a cash contribution by the Developer. The total park area required Cedar Hills 211409v5 11 with the preliminary plat is 16.36 acres, which is calculated as 12% of the net area of the property (excluding arterial right-of-way and wetlands to remain) estimated as follows: Gross Area of Preliminary Plat 159.50 Acres Less Cedar Avenue, 200th Street and 202nd Street Right-of-way Less wetlands to remain 13.41 9.75 Acres Acres Total Buildable Area 136.34 Acres Land Dedication Requirement (12%) 16.36 Acres The total park area estimated to be dedicated within the preliminary plat is 3.0 acres. This satisfies an estimated 18.34% or 67.48 lots of the required park dedication for the preliminary plat. The estimated park dedication requirement for the remaining 81.66% or 300.52 lots shall be paid by the Developer with cash upon final plat approval. Only area outside of wetlands, wetland buffers and stormwater basins is to be credited or compensated to the Developer for park dedication purposes. The final amount of park land to be dedicated will be determined at the time Outlot D is final platted into lots and blocks. The Park Dedication Fee required with the final plat is calculated as follows: 16 lots x $4,509.00 = $72,144.00 Low Density Lots In Phase 1 Park Dedication Fee Low Density Low Density Park Dedication Required with Phase 1 Final Plat 16 lots x $3,068.00 = $49,088.00 Medium Density Lots in Phase 1 Park Dedication Fee Medium Density Medium Density Park Dedication Required with Phase 1 Final Plat $72,144.00 + $49,088.00 = $121,232.00 Low Density Park Dedication Required with Phase 1 Final Plat Medium Density Park Dedication Required with Phase 1 Final Plat Park Dedication Required with Phase 1 Final Plat The Developer shall install 5-foot wide concrete sidewalks, with pedestrian curb ramps, along one side of all local streets except for the 203rd Street cul-de-sac. The Developer shall construct bituminous trails along both sides of 202nd Street from Cedar Avenue to Geneva Trail (8-ft wide) and the east side of Cedar Avenue from 205th Street to 202nd Street (10-ft wide) with the first phase final plat. The Developer will be responsible for 100% of the grading and restoration for the bituminous trails. The Developer shall Cedar Hills 211409v5 12 receive a $24,310.13 credit to the final plat cash fees for the City’s 3/8th share (excluding grading and restoration) of the trail construction costs. The Developer shall dedicate to the City a Trail Easement prior to recording the final plat over the proposed trail located outside of the right-of-way on the following lots: • Lots 1-3, Block 3 (Cedar Avenue trail) 25. 202ND STREET IMPROVEMENTS. The Developer shall construct 202nd Street from Cedar Avenue to Geneva Trail. The intersection design at Cedar Avenue was determined with the CSAH 50 improvement project (City Project 15-12) to the west. The Developer shall construct the necessary turn lanes and center median to align with the ongoing intersection improvements, as shown on the final plat construction plans. The Developer shall construct 202nd Street to the east plat boundary with either Phase 2 of the preliminary plat or by November 1, 2021 (whichever is sooner). The City, Developer, City of Farmington and Independent School District 192 have partnered to construct and extend 202nd Street beyond the City of Lakeville corporate limits to provide a secondary access to Farmington High School. The Developer shall design the 202nd Street connection and private north-south high school roadway and construct those improvements with either Phase 2 of the preliminary plat or by November 1, 2021 (whichever is sooner). The City will enter into a Joint Powers Agreement with the City of Farmington and ISD 192 to provide funding for the Developer’s design, administration and construction costs for the improvements outside of the plat boundary. The Developer will make every effort to complete the 202nd Street connection and private north-south high school roadway by November 1, 2021 but must be given adequate time to do so. The Developer estimates that grading and construction of these improvements will take approximately four months to complete, therefore, a joint powers agreement must be executed no later than July 1, 2021. The reimbursement is estimated at $550,000.00 and will be provided to the Developer with the Phase 2 final plat development contract or through a Development Contract Amendment with the Cedar Hills final plat. The City of Cedar Hills 211409v5 13 Farmington is required to obtain the necessary right-of-way for the construction of the improvements on private property. A no parking resolution will be required with the final plat banning parking along 202nd Street adjacent to the plat boundary. 26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay a $3,050.00 cash fee for traffic control signs which is due with Cedar Hills. 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: 32 units x $40.48/unit = $1,295.36 Dwelling Units Streetlight Operating Fee Total 27. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay to the City $2,117.12 in payment of the first year environmental resources expenses for the subdivision. The fee was calculated as follows: 32 lots at $66.16 per lot. 28. 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 Cedar Hills 211409v5 14 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. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $143,796.25 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. 29. BUFFER YARD BERM/LANDSCAPE SCREEN. The Developer shall provide a buffer yard containing earth berms and/or 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 and 202nd Street consistent with the Zoning Ordinance. A certified as-built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. The Developer shall provide a $1,000.00 cash escrow with the building permit applications for Lots 1-8, Block 3, to guarantee installation of the buffer rear yard sod to the edge of the trail to be constructed on the east side of Cedar Avenue and south side of 202nd Street. This escrow will be in addition to the two trees/lot and front yard sod escrow required at the time of building permit. 30. TREE PRESERVATION. The preliminary plat plans identified 960 total trees on site and proposed to save 744 trees. Tree removals were completed with the mass grading of the site. 31. WETLAND MITIGATION. The wetland delineation for the site was approved on August 28, 2019. The wetland delineation was completed by Westwood Professional Services, Inc. There are 0.456 acres of permanent wetland impacts associated with the development of this site. The Developer Cedar Hills 211409v5 15 shall purchase a total of 0.912 acres of banking credits. The Notice of Application was sent out 02/03/20. No adverse comments were received during the comment period. The wetland replacement plan was approved on 02/25/20. The Developer is responsible for the installation of 5 Natural Resource Signs along the wetlands and creek buffers. Final locations must be reviewed by City staff prior to installation. 32. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the August 20, 2020 Planning Report and August 20, 2020, Engineering Report. B. Before the City signs the final plat, the Developer shall convey Outlots A and F to the City by warranty deed, free and clear of any and all encumbrances C. Development of the detached townhomes with commonly owned base lots will require establishment of a homeowner’s association to own and maintain Lot 10, Block 1, and Lot 8 Block 2 and all private stormwater facilities located within the plat, including Outlot A. Documents establishing a homeowner’s association for Cedar Hills must be submitted by the Developer with the application for final plat approval. The HOA documents are subject to review and approval of the City Attorney. D. The Developer shall install temporary turnarounds on the north and south terminus of Geneva Trail until it is extended to the north and south with the second phase of the Cedar Hills development. The temporary turnarounds must be paved within one year of construction unless the roadway is extended. Before the City signs the final plat, the Developer shall furnish the City appropriately executed public temporary turnaround easements, in recordable form, and shall also provide a $5,000.00 security to guarantee removal and restoration of the temporary turnarounds. E. The Developer shall construct a five foot wide concrete sidewalk along one side of Geneva Trail at the Developer’s expense as shown on the approved final plat plans. Cedar Hills 211409v5 16 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 $4,000.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 40 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 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 $3,600.00. H. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The estimated amount of this security is $14,800.00 and consists of ten (10) post top street lights and two (2) mast arm lights. 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. 33. 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 $3,972,843.72. If an alternate security is furnished, Cedar Hills 211409v5 17 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 $416,501.50 B. Watermain 336,024.00 C. Storm Sewer/Draintile 473,877.00 D. Streets 693,987.60 E. Erosion Control/Stormwater Basins, Restoration, Grading Certification 1,446,872.20 CONSTRUCTION SUB-TOTAL $3,367,262.30 OTHER COSTS: A. Developer’s Design (3.0%) $101,017.87 B. Developer’s Construction Survey (2.5%) 84,181.56 C. City Legal Expenses (Est. 0.5%) 16,836.31 D. City Construction Observation (Est. 5.0%) 168,363.12 E. Developer’s Record Drawings (0.5%) 16,836.31 F. Future removal and restoration of Temporary Cul-de-sacs 5,000.00 G. Native Seeding and Maintenance (3yrs) Within Outlots A and F 50,000.00 H. Natural Area Signs 750.00 I. Landscaping 143,796.25 J. Street Lights 14,800.00 K. Lot Corners/Iron Monuments 4,000.00 OTHER COSTS SUB-TOTAL $605,581.42 TOTAL SECURITIES: $3,972,843.72 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 Cedar Hills 211409v5 18 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. 34. 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 121,232.00 B. Sanitary Sewer Availability Charge 10,464.00 C. Trunk Storm Sewer Area Charge 86,025.68 D. Traffic Control Signs 3,050.00 E. Street Light Operating Fee 1,295.36 F. Environmental Resources Expenses 2,117.12 G. City Base Map Updating 3,600.00 H. City Engineering Administration (3% for letters of credit or 3.25% for alternate disbursement) 101,017.87 SUBTOTAL CASH REQUIREMENTS $328,802.03 CREDITS TO THE CASH REQUIREMENTS Watermain Oversizing (Trunk Water Fund) $8,670.00 Outlots A and F (Deeded to the City) (Trunk Storm Sewer) 44,440.00 City 3/8 Trail Cost -202nd Street (Park Dedication) 9,964.13 City 3/8 Trail Cost – Cedar Avenue (Park Dedication) 14,346.00 SUBTOTAL – CREDITS TO THE CASH REQUIREMENTS = $77,420.13 TOTAL CASH REQUIREMENTS $251,381.90 35. 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 Cedar Hills 211409v5 19 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. 36. 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. Cedar Hills 211409v5 20 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. 37. 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. 38. 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. Cedar Hills 211409v5 21 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. 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 Cedar Hills 211409v5 22 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 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 Cedar Hills 211409v5 23 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 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. Cedar Hills 211409v5 24 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 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. 39. 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 Cedar Hills 211409v5 25 following address: U.S. Home Corporation d/b/a Lennar, 16305 36th Avenue North, Suite 600, Plymouth, Minnesota 55446. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. [The remainder of this page has been intentionally left blank. Signature pages follow.] Cedar Hills 211409v5 26 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 Cedar Hills 211409v5 28 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT MATTAMY MINNEAPOLIS LLC, a Delaware limited liability company, fee owner of part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them; provided, however, that Mattamy shall have no obligation to construct such improvements or liability whatsoever for any act or negligence of Developer, its agents; employees or contractors, occurring on or about the portion of the subject property owned by Mattamy or for any breach by Developer, its agents, employees or contractors, under the Development Contract. Dated this _____ day of ____________, 2020. By: ______________________________________ Its: STATE OF ______________ ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2020, by _________________________, the ___________________ of Mattamy Minneapolis LLC, a Delaware limited liability company, on behalf of said limited liability company. ________________________________________ 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 Cedar Hills 211409v5 29 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2_____, by __________________________________________________________________________. ________________________________________ 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 Cedar Hills 211409v5 30 CONTRACT PURCHASER CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________________, which/who has a contract purchaser's interest in all or part of the subject property, the development of which is governed by the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2____, by ____________________________________________________________________________. ________________________________________ 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 Cedar Hills 211409v5 31 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as CEDAR HILLS The North Half of the Northwest Quarter of Section 27, Township 114 North, Range 20, Dakota County, Minnesota. And The South Half of the Northwest Quarter of Section 27, Township 114 North, Range 20, Dakota County, Minnesota. 1 211442v1 STORMWATER MAINTENANCE AGREEMENT/ BEST MANAGEMENT PRACTICE FACILITIES AND EASEMENT AGREEMENT THIS AGREEMENT is made and entered into as of the ______ day of _____________, 2020, by and between U.S. Home Corporation d/b/a LENNAR, a Delaware corporation (the “Owner”) and the City of Lakeville, a Minnesota municipal corporation (the “City”). A. The Owner is the owner of certain real property located in Dakota County, Minnesota legally described in Exhibit A attached hereto ("Property"); and B. The City is the fee owner of certain real property located in Dakota County, Minnesota legally described in Exhibit B attached hereto (“City Property”); and C. The Owner is proceeding to build on and develop the Property, and has requested City approval of the final plat (“Plat Approval”) for the proposed development of the Cedar Hills plat; and D. The final plans for Cedar Hills, hereinafter called the "Plans", submitted in support of the Plat Approval, which are expressly made a part hereof, as approved or to be approved by the City, provides for detention/retention of stormwater within the confines of the Property and a portion of the City Property; and E. The City and the Owner agree that the health, safety, and welfare of the residents of the City of Lakeville, Minnesota, require that on-site stormwater management/BMP facilities be constructed and maintained on the Property and City Property; and F. The City requires that an on-site stormwater re-use system (“Stormwater Facilities”) as shown on the Plans be constructed and adequately maintained by the Owner as a condition of final plat approval for Cedar Hills; and G. As a condition of final plat approval the Owner is required to enter into this Agreement and grant to the City an easement for access, drainage and utility over a portion of the Property (the “Easement Area”) legally described on Exhibit C attached hereto to comply with work required under the terms of this Agreement. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plans. 2 211442v1 2. Maintenance of Stormwater Improvements. A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the Stormwater Maintenance Plan. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. B. The Owner will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed and comply with all federal, state, and local regulations relating to the disposal of material. 3. Inspection and Reporting. The Owner shall cause the Stormwater Facilities to be inspected and submit an inspection report annually and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire stormwater re-use system. Deficiencies shall be noted in the inspection report. 4. City Access and Maintenance Rights. A. The Owner hereby grants permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the stormwater re-use system whenever the City deems necessary. The City shall provide the Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). B. In the event the Owner, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Owner written notice of such failure, the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified in the Inspection Report within the Property and City Property. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the City’s costs to the Owner’s property taxes of such repairs, to the Owner, its successors and assigns. Owners of the lots making up the Property shall be jointly and severally liable for all costs. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of the Easement Area for the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences there from the Stormwater Facilities. The Owner expressly agrees to defend and hold the City harmless from any such third-party claim. 5. Grant of Easement. Owner hereby grants to the City, its successors and assigns, a permanent non-exclusive easement for the purpose of accessing and maintaining the Stormwater 3 211442v1 Facilities pursuant to the terms of this Agreement over, on, across, under and through the Easement Area. The easement shall include the rights, but not the obligation, of the City, its contractors, agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and maintain said private Stormwater Facilities together with the right to grade, level, fill, drain, pave, and excavate the Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said private Stormwater Facilities systems. 6. Reimbursement of Costs. The Owner agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 7. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Owner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Owner’s required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 8. License to Use City Property. A. The City hereby grants Owner a non-exclusive license to use the City Property solely for the purpose of installing and maintaining the Stormwater Facilities in accordance with the terms of this Agreement. B. Owner acknowledges that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the City property by virtue of Owner’s use of the City property under this Agreement. The City reserves the right to access and use the City Property at all times and for any purpose. C. Owner shall not permit any lien to be filed against the City Property for any labor or materials in connection with work of any kind performed or claimed to have been performed on City Property at the direction or sufferance of the Owner and shall, in any event, hold the City harmless for and against any such lien, including attorney’s fees and costs. In the event any such lien is filed against the Property or the License Area or any improvements thereon, the City shall have the right, but not the obligation, to cause such lien to be released and Owner shall pay on demand all of the City’s costs, including reasonable attorney’s fees, together with interest thereon accruing from and after the date of such demand until the City’s receipt of full payment for the costs and fees incurred. 4 211442v1 D. Owner shall indemnify, defend and hold the City harmless from and against any and all actions and liabilities relating to the loss of life, bodily injury and/or property damage occurring on the City Property as a result of the intentional acts and/or negligence of the Owner or its agents or as a result of Owner’s use of the City Property, including reasonable attorney’s fees and costs thereof. Owner’s obligation to defend shall include engagement of counsel for the City reasonably acceptable to the City. E. Neither Owner nor any agent of Owner shall store, use, dispose or otherwise place upon, under or about the City Property any “hazardous materials,” “hazardous substances,” “pollutants,” hazardous wastes” or “contaminants” as the same are defined by any applicable state or federal law, rule or regulation. F. The City may terminate the license or any portion of the rights granted under the license upon 60 days’ written notice to Owner. Upon termination of the Owner’s right to access City Property, the City may take over the responsibilities under this Agreement for stormwater maintenance within the City Property and bill such costs to Owner and Owner shall be responsible for payment of the costs for stormwater maintenance within 30 days’ receipt of the invoice for the costs incurred by the City. If the license is terminated in its entirety, Owner shall be responsible for establishing the necessary Stormwater Facilities on Owner’s Property to serve the Property within 180 days’ written notice of the termination and providing the necessary easement, plans and agreement for the maintenance and inspection of the Stormwater Facilities. 9. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Owner: U.S. Home Corporation d/b/a LENNAR 16305 36th Avenue N, Ste. 600 Plymouth, MN 55446 To the City: City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 Attn: City Administrator or to such other party at such other address as such party, by ten (10) days prior written notice given as provided, shall designate. All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 10. Successors/Covenants Run with Property. All duties and obligations of Owner under this Agreement shall also be duties and obligations of Owner’s successors and assigns, jointly and severally. The terms and conditions of this Agreement shall run with the Property. 5 211442v1 [Remainder of page intentionally left blank] [Signature pages to follow] 6 211442v1 PROPERTY OWNER: U.S. HOME CORPORATION D/B/A LENNAR By: Jonathan Aune Its Division Vice President STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2020, by Jonathan Aune, the Division Vice President of U.S. Home Corporation d/b/a LENNAR, a Delaware corporation, on behalf of said corporation. Notary Public 7 211442v1 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 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/smt 8 211442v1 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Property The land to which this Stormwater Maintenance Agreement applies is legally described as follows: 9 211442v1 EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the City Property 10 211442v1 EXHIBIT C TO STORMWATER MAINTENANCE AGREEMENT Legal description of the Easement 11 211442v1 EXHIBIT D CITY OF LAKEVILLE ENGINEERING STANDARDS FOR STORM WATER TREATMENT FACILITIES 1 City of Lakeville Planning Department Memorandum To: Daryl Morey, Planning Director From: Kris Jenson, Associate Planner Date: August 20, 2020 Subject: Cedar Hills Final Plat Application Action Deadline: October 19, 2020 INTRODUCTION US Home Corp (dba Lennar) and Mattamy Homes have submitted an application and plans for the final plat of Cedar Hills, which includes 16 single family lots and 16 detached townhome lots located east of Cedar Avenue (CSAH 23) and adjacent to 202nd Street. This is the first phase of the preliminary plat of 139 single family lots and 205 detached townhomes lots that was approved by the City Council on April 6, 2020 and revised on July 20, 2020. The lot, block and street design of the Cedar Hills 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. Preliminary Plat C. Final Plat PLANNING ANALYSIS Existing Conditions. The Cedar Hills final plat area consists of four parcels. Previously the site was used for agriculture. (Exhibit A) Zoning. The zoning of the north half of the property is RM-1, Medium Density Residential District and detached townhomes are a permitted use in the RM-1 District. The zoning of the south half of the property is RST-2, Single-and Two-Family Residential District and single family homes are a permitted use within the RST-2 District. 2 TOWNHOME DEVELOPMENT STANDARDS Lot Requirements. The following minimum requirements for townhome building setbacks in the RM-1 District pertain to the Cedar Hills final plat: Base Lot Between Detached Units Front Yard (to ROW) RM-1 30 feet 14 feet 20 feet (front) 25 feet (garage) The unit lots shown on the Cedar Hills final plat have sufficient area to accommodate the detached townhome units. The RM-1 District requires at least 5,000 square feet per unit. The Cedar Hills final plat has an average of 8,088 square feet per unit for the townhome area, which exceeds the minimum lot area per unit requirements of the RM-1 District. SINGLE FAMILY LOT REQUIREMENTS 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 16 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) Side (Buffer) Rear Rear (Buffer) 20 feet house 25 feet garage 7 feet 20 feet 30 feet 30 feet 50 feet The proposed building pads meet the minimum setback requirements for interior and corner lots. Development Density. The Cedar Hills final plat consists of 16 detached townhome lots and 16 single family lots on 159.54 acres for a gross density of 0.2 units per acre. Removing the outlots and arterial and collector streets leaves 11.1 acres to be developed, resulting in a net density of 2.88 units per acre. Phasing. The overall Cedar Hills plat is anticipated to be developed in five to six phases. The first phase includes 16 detached townhome lots and 16 single family lots. There will be 189 detached townhome lots and 123 single-family lots to be final platted and developed after the Cedar Hills final plat. Outlots. There are six outlots proposed with the Cedar Hills final plat. Outlot A is 1.61 acres in area and will be deeded to the City for stormwater management purposes. Outlot B is 29.22 acres in area and will be retained by the developer for future development. 3 Outlot C is 36.85 acres in area and will be retained by the property owner for future development. Outlot D is 38.39 acres in area and will be retained by the property owner for future development. Outlot E is 22.49 acres in area and will be retained by the developer for future development. Outlot F is 6.47 acres in area, contains a wetland and buffers, and will be deeded to the City with the final plat. Access. Cedar Hills will have access from 202nd Street, which will be extended from Cedar Avenue to the east plat boundary, which is also the city boundary with Farmington. Streets & Right-of-Way. Cedar Hills is adjacent to and will include the construction of the following streets: Cedar Avenue (CSAH 23) is a minor arterial highway located west of and adjacent to the Cedar Hills final plat. The Developer is dedicating the required 75 feet of right of way per the Dakota County Plat Needs Map. Lots 1-3, Block 3 are not permitted to have driveway access to Cedar Avenue. 200th Street (CR 64) is a major collector county road located north of the Cedar Hills final plat. The Developer is dedicating 50 feet of half right of way as required by the Dakota County Plat Needs Map. 202nd Street is identified as a major collector street in the City’s Transportation Plan and will provide full access to Cedar Avenue. Lots 3-8, Block 3, are not permitted to have driveway access to 202nd Street. Construction of 202nd Street to the east plat boundary will occur with Phase 2 of the preliminary plat or by November 1, 2021, whichever comes first. The city has partnered with the City of Farmington and ISD 192 to extend 202nd Street beyond the Lakeville city boundary to provide a second access for Farmington High School. Refer to the August 27, 2020 Engineering memo for additional information. 205th Street is an existing minor collector street located along the southern plat boundary and provides full access to Cedar Avenue. Geneva Trail 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 one side of the street. Geneva Trail will terminate in temporary cul de sacs at both the north and south end of the street. “Future Street Extension” signs and barricades must be placed at both ends of the street, and the Developer must dedicate temporary turnaround easements over both cul de sacs. 203rd Street will be a local residential 32-foot-wide street within a 60-foot right of way that ends in a permanent cul-de-sac. Dakota County Plat Commission. The Cedar Hills final was reviewed at the Plat Commission’s August 19, 2020 meeting, where the Cedar Hills final plat was recommended for approval. Trails. The developer will construct a 10-foot-wide bituminous trail along the east side of Cedar Avenue between 202nd Street and 205th Street and eight (8) foot wide bituminous trails along 4 both sides of 202nd Street between Cedar Avenue and Geneva Trail. The developer will receive a credit to the Park Dedication Fee for the City’s 3/8th share of the trail construction costs. Buffer Yard/Landscaping. Cedar Hills is adjacent to Cedar Avenue, an arterial roadway and 202nd Street, a major collector street. With this plat, eight (8) lots will be directly adjacent to Cedar Avenue and/or 202nd Street. The developer is proposing to plant evergreen and overstory trees in staggered rows to meet the buffer yard landscaping requirements. A security of $143,796.25 is required to guarantee installation of the landscaping. In addition, a $1,000 per lot escrow is required with each building permit for the eight lots for the installation of sod in the rear yards to the edge of the trail to be constructed along Cedar Avenue and 202nd Street. Park Dedication. The City’s Parks Trails and Open Space Plan identifies a future neighborhood park along the south plat boundary, expanding the existing Spyglass Park. The Cedar Hills preliminary plat identified approximately 3.0 acres of land to be dedicated for park purposes, with the remainder of the required park dedicated being satisfied through cash contribution. Please see the August 27, 2020 engineering report for more details. Tree Preservation. A tree preservation plan was approved with the preliminary plat. The plan identified 960 significant trees, with 744 (77.5%) to be saved. Wetlands. A wetland delineation was completed for the site on August 28, 2019. There are no wetland impacts with the Cedar Hills final plat, but a future phase of development will involve 1.456 acres of permanent wetland impact. The wetland replacement plan was approved on February 25, 2020. 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 August 27, 2020 engineering report. RECOMMENDATION The Cedar Hills final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Planning Department staff recommends approval of the Cedar Hills final plat subject to the following conditions: 1. The recommendations listed in the August 27, 2020 engineering report. 2. Outlots A and F must be deeded to the City with the Cedar Hills final plat. 3. A five-foot-wide concrete sidewalk shall be constructed along one side of Geneva Trail at the developer’s expense as shown on the approved final plat plans. 4. The developer shall construct a 10-foot-wide bituminous trail along the east side of Cedar Avenue between 205th Street and 202nd Street and eight-foot-wide trails along both sides of 202nd Street between Cedar Avenue and Geneva Trail. The developer will receive a credit for the City’s 3/8ths portion of the trails with the final plat. 5 5. A $1,000 cash escrow must be submitted with the building permit applications for Lots 1- 8, Block 3 to guarantee installation of the buffer rear yard sod to the edge of the trail to be constructed on the east side of Cedar Avenue and south side of 202nd Street. This escrow will be in addition to the two trees/lot and front yard sod escrow required at the time of building permit. 6. A “Future Street Extension” sign and barricades must be placed at the north and south terminus of Geneva Trail. The Developer must grant temporary turnaround easements over each temporary cul de sac location. 7. Lots 1-3, Block 3 are not permitted to have driveway access to Cedar Avenue. Lots 3-8, Block 3 are not permitted to have driveway access to 202nd Street. 8. A homeowner’s association must be established for ownership and maintenance of the following lots: • Lot 10, Block 1 • Lot 8, Block 2 9. The developer shall pay $121,232.00 in park dedication fees with the final plat. 10. Landscaping shall be installed consistent with the approved landscape plan. A security of $143,796.25 is required to be submitted with the final plat to guarantee installation of the landscaping. ± Cedar Hills Final Plat Area 200TH ST (CR 64) 205 T H S TCEDAR AVE (CSAH 23)202ND ST (CSAH 50) 200TH ST Cedar Hills Final Plat City of Lakeville EXHIBIT A TSTREET 2STREET 2 STREET 3STREET 4 STREET 6 STREET 7STREET 5STREET 8STREET 8STREET 10STREET 9STREET 1STREET 1STREET 13STREET 14STREET 15STREET 16STREET 12STREET 12STREET 12 STREET 18ST R E E T 1 1 STREET 11STREET 11STREET 17STREET 19202ND STREET W202ND STREET W200TH STREET W200TH STREET WC.S.A.H.NO. 23 (CEDAR AVENUE)C.S.A.H.NO. 23 (CEDAR AVENUE)205TH STREET W20 5 T H S T R E E T W Edge of WetlandEdge of WetlandEdge of WetlandEdge of WetlandEdge of WetlandPONDPONDPONDPONDPONDPONDPONDPONDPOND24*23*22*21*20*19*18*17*16*15*14*13121110987654321123456789101112*11*1098765432113*14*15*16*17*18*19*20*21*22*23*25*26*27*3211314151617181920212223241234567891011121*2*3*4*5*6*7*8*9*10*11*12*13*14*15*16*17*18*19*20*21*22*23*24*151413121110987654321123456781234567891011121314151617181920212223242526123456789101112131415161718192021222324252627282930313212345678910 11 12131415123456789101112131415161712341234512345678910111213141516171819202122232425262728291*2*3*4*5* 6*7* 8*9*10*111213141516242318171*2*4*5*6*7*91011121314151617*18*11253467789101010111213131414141515161617181818OUTLOT AOUTLOT BOUTLOT DOUTLOT FOUTLOT GOUTLOT HOUTLOT IOUTLOT JOUTLOT E1619*21*20*22*23*25*24*26*321*222120193*826*25*28*27*3029323134333536373839404241434424*25OUTLOT C262728*323130172745122942825429N:\0022951.00\DWG\CIVIL\PRELIM\0022951PPP01.DWG 453PROJECT NUMBER: 0022951.00LAKEVILLE, MINNESOTA06/11/20...© 2020 Westwood Professional Services, Inc.CEDAR HILLSOVERALL PRELIMINARYPLAT16305 36TH AVENUE NORTH, SUITE 600PLYMOUTH, MINNESOTA, 55446CEDAR HILLS09/19/19LENNAR CORPORATION06/11/2026971CORY MEYERNOT FOR CONSTRUCTIONCommon Ground AllianceCall 48 Hours before digging:811 or call811.com149.999997'30' OR 15'0'150'300'450'1" = 150'01/21/2002/17/2003/10/2006/11/20.CITY COMMENTSCITY COMMENTSCITY AND CLIENT COMMENTSCLIENT LOT REVISONS.SHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone(952) 937-5150 12701 Whitewater Drive, Suite #300Fax(952) 937-5822 Minnetonka, MN 55343Toll Free(888) 937-5150DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWSOF THE STATE OF MINNESOTA·EXISTING ZONING:RM1 & RS-3·PROPOSED ZONING:RS4 (SOUTH) & RM-1 (NORTH)·GROSS SITE AREA:159.5 AC MAJOR R.O.W. (CEDAR AVE; 202ND ST W; 200TH ST W): 13.41 AC EXISTING WETLAND:10.22 AC·NET DEVELOPABLE AREA: 131.96 AC·OPEN SPACE:21.40 AC·DEVELOPMENT SUMMARY 70' WIDE SINGLE FAMILY:139 LOTS VILLAS:40' WIDE LOTS (2 CAR GARAGES):113 LOTS *50' WIDE LOTS (3 CAR GARAGES): 92 LOTS TOTAL VILLAS:205 LOTSTOTAL HOMES:344 HOMES·PROJECT DENSITY:GROSS (344 UNITS / 159.5 AC):±2.16 UN/AC (GROSS SITE AREA) NET (344 UNITS / 131.91 AC)±2.61 UN/AC (NET DEVELOPABLE SITE AREA)MINIMUM LOT AREASITE DEVELOPMENT DATALOT STANDARDS1. ALL LOT DIMENSIONS ARE ROUNDED TO THE NEAREST FOOT.2. ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT.3. STREET NAMES ARE SUBJECT TO APPROVAL BY THE CITY.4. DRAINAGE AND UTILITY EASEMENTS SHALL BE PROVIDED AS REQUIRED. DRAINAGE AND UTILITYEASEMENTS WILL BE PROVIDED OVER ALL PUBLIC UTILITIES AND UP TO 1 FOOT ABOVE THEHIGH WATER LEVEL OF ALL PONDS.5. STREET WIDTHS ARE SHOWN FROM BACK OF CURB TO BACK OF CURB.DEVELOPMENT NOTESAVERAGE LOT AREAMINIMUM LOT WIDTHMINIMUM LOT DEPTHSETBACKSFRONTSIDE INTERIOR LOTSIDE CORNER LOTREARSTANDARD70' SINGLEFAMILY40/50' VILLAS9,363 SF12,512 SFN/AN/A50'/60'90'25'14' BTW BLDS20'N/A70' @ FRONT SBK125'20' HOUSE/25' GARAGE7'/7'; 14' TOTAL20'30'OUTLOT TABLEOUTLOTAGROSSAREAUSE OWNERSHIPPONDINGCITY1.18 ACBPONDING/WETLANDCITY2.99 ACC PRIVATE PARKHOA1.18 ACDPONDING/WETLANDCITY7.27 ACEPONDING/WETLANDCITY1.63 ACTHE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 27,TOWNSHIP 114, RANGE 20, DAKOTA COUNTY, MINNESOTAANDTHE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 27,TOWNSHIP 114, RANGE 20, DAKOTA COUNTY, MINNESOTAPROPERTY DESCRIPTIONTYPICAL SINGLE FAMILY (SF) LOT DETAIL10'5'5'7'25' 30'5'70'70'125' 125'21DRAINAGE &UTILITY EASEMENTTYPICAL LOTDIMENSIONFRONT BUILDINGSETBACKBUILDING SETBACK LINEREAR BUILDING SETBACKLOT LINESIDE YARD SETBACKROAD RIGHT-OF-WAYX,XXX SFLOT AREAMIN. CORNER LOT WIDTHN/A85' @ FRONT SBKFBUFFERHOA1.26 ACGPONDING/WETLANDCITY6.47 ACHPONDING/WETLANDCITY6.76 ACIPARKCITY3.98 ACJWETLANDCITY5.30 ACTYPICAL VILLA LOT DETAIL25'50'/60'50'/60'95' 95'TYPICAL LOTDIMENSIONFRONT BUILDINGSETBACKBUILDING PADLOT LINEROAD RIGHT-OF-WAYLOT AREA40'/50'40'/50'70' 70'21X,XXX SFTYPICAL TWINHOME LOT DETAIL41'41'83' 83'TYPICAL LOTDIMENSIONFRONT BUILDINGSETBACKBUILDING PADLOT LINEROAD RIGHT-OF-WAYLOT AREA36'63'21X,XXX SF21X,XXX SF41'41'36'63' 63'36'36'25'MIN. CORNER LOT AREA10,200 SFN/ACEDAR/200TH/202ND50'50' PARK DEDICATION (OUTLOT H): 3.96 AC (OUTLOT A, B, D, E, G, H, J, LESS WETLANDS) ADJUSTED NET DENSITY (344 UNITS / 109.97 AC) ±3.13 UN/AC (NET ADDITIONAL OPEN SPACE)·RM OPEN SPACE CALCULATION: 71.65 AC 10% GROSS AREA REQUIRED:7.16 AC PROVIDED OPEN SPACE:19.84 AC (28%)(COMMON LOTS, BLOCKS 1-10)EXHIBIT B 4589124567OUTLOT A3123671234567812345612OUTLOT B123354810OUTLOT COUTLOT ENW Cor of the NW 1/4 of the NW 1/4of Sec. 27, Twp. 114, Rge. 14Fd. PK w/washerWest line of the NW 1/4 ofthe NW 1/4 of Sec. 27East line of the NW 1/4 ofthe NW 1/4 of Sec. 27North line of the NW 1/4 ofthe NW 1/4 of Sec. 27South line of the NW 1/4 ofthe NW 1/4 of Sec. 27West line of theNW 1/4 of theSW 1/4 of Sec. 27East line of the NW 1/4 ofthe SW 1/4 of Sec. 27North line of the NW 1/4 ofthe SW 1/4 of Sec. 27South line of the NW 1/4 ofthe SW 1/4 of Sec. 27SW Cor of the SW 1/4 of the NW 1/4of Sec. 27, Twp. 114, Rge. 14Fd. PK w/washerCOUNTY ROAD NO. 23 (CEDAR AVENUE)COUNTY ROAD NO. 23 (CEDAR AVENUE)COUNTY ROAD NO. 64 (200TH STREET WEST)202ND STREET WEST205TH STREET WESTEast line of Cedar Avenueper Dakota County RoadRight of Way Map 229East line of Cedar Avenueper Dakota County RoadRight of Way Map 229 OUTLOT DOUTLOT F202ND STREET WESTCOUNTY ROAD NO. 64 (200TH STREET WEST)West line of the NE 1/4 ofthe NW 1/4 of Sec. 27 East line of the NE 1/4 of theNW 1/4 of Sec. 27 North line of the NE 1/4 ofthe NW 1/4 of Sec. 27South line of the NE 1/4 ofthe NW 1/4 of Sec. 27NE Cor of the NE 1/4 of the NW 1/4of Sec. 27, Twp. 114, Rge. 14Fd. PK NailS89°57'15"W 2632.13 N00°22'35"E 2638.93S89°57'18"W 2635.06 S00°26'24"W 2638.91INSET B(SEE SHEET 4 OF 4 SHEETS)1219.461269.46 50.0050.00 N89°57'17"E 1971.00654.241316.77S00°24'29"W 1219.46 S89°57'15"W 1268.78N89°57'15"E 1316.0950.00 50 50 50 50 33 33 3333501317.521317.53N89°57'17"E 1316.82S00°24'29"W 1269.46 South line of the SE 1/4 ofthe NW 1/4 of Sec. 27West line of the SE 1/4 ofthe NW 1/4 of Sec. 27 East line of the SE 1/4 of theNW 1/4 of Sec. 27 North line of the SE 1/4 ofthe NW 1/4 of Sec. 27SW Cor of the SE 1/4 of the NW 1/4of Sec. 27, Twp. 114, Rge. 20Fd. 3/8 Inch Iron Pipe6640 5050 50 50S89°57'17"W 1316.801319.45 N00°24'29"E50.00N00°24'29"E50.00S00°02'43"E205.00 N89°57'17"E124.98S00°02'43"E 503.41S00°02'43"E 410.76N89°33'36"W 386.06N89°57'15"E184.98S00°02'43"E125.00N89°57'17"E120.00226.74 1092.72S89°33'36"E95.00S00°26'24"W80.93∆=0°51'50"R=9917.50L=149.56∆=1°08'55"R=9937.50L=199.24 S89°00'00"W20.00N01°34'20"W614.35(SEE SHEET 3 OF 4 SHEETS)INSET A909095150 Edge of WetlandEdge of WetlandEdge of WetlandGENEVA TRAILGENEVA TRAIL203RD STREETTransmission Line Easementper Document No. 1662414Transmission Line Easementper Document No. 1662414233.91S36°57'02"E77.73S01°22'10"W 1413.22S32°27'32"W9.0630303030300'150300450Sheet 2 of 4 SheetsCEDAR HILLSNot to ScaleVicinity MapSITESET 1/2" BY 14" IRON PIPE WITH CAP #44123FOUND MONUMENT AS NOTED ON SURVEYTHE NORTH LINE OF THE NORTHWEST QUARTER OF THENORTHWEST QUARTER OF SECTION 27, TOWNSHIP 114,RANGE 14 IS ASSUMED TO BEAR S 89°57'15" WScale in FeetScale: 1 Inch = 150 FeetEXHIBIT C 4589124567OUTLOT A31236712S00°02'43"E 758.41 S89°57'17"W 1316.8030.0030.00758.41632.96683.84S36°46'59"W24.99S36°52'30"E24.99S00°02'43"E7.25 S00°02'43"E7.25 S00°02'43"E7.25 S00°02'43"E7.25 S00°02'43"E7.25 S00°02'43"E7.16 N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00S89°57'17"W95.00N00°02'43"W60.00 N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00 S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.008503.41S00°02'43"E 205.00 S00°02'43"E 503.41 N89°57'15"E 184.98N89°57'17"E 124.98124.98S00°02'43"E7.00S00°02'43"E7.00S00°02'43"E30.00N00°02'43"W4.90 N00°02'43"W4.90N00°02'43"W4.90 N00°02'43"W4.90 N00°02'43"W4.90N25°47'55"E22.94S33°44'08"E18.03S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 N89°57'17"E95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00N89°57'17"E95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.0010S00°02'43"E 125.00N89°57'17"E 120.00S00°02'43"E 554.14 N89°57'17"E 120.00554.1429.27 N89°33'36"W 386.06410.76143.39 S00°26'24"W 150.93477.53Drainage & Utility Easementover all of Lot 8, Block 2Drainage & Utility Easementover all of Lot 10, Block 1Drainage & Utility Easementover all of Outlot A30 3030 30 50 50202ND STREET WESTN00°26'24"E25.00S89°57'17"W30.0050 50202ND STREET WESTGENEVA TRAIL COUNTY ROAD NO. 23(CEDAR AVENUE)S00°26'24"W 226.74 S89°33'36"E95.00S00°24'29"W50.00 N89°57'17"E 654.249575 125Edge of Wetlandeasterly line of a Transmission LineEasement per Document No. 166241425.60S01°22'10"W 225.78 0'50100150Sheet 3 of 4 SheetsCEDAR HILLSScale in FeetScale: 1 Inch = 50 FeetSET 1/2" BY 14" IRON PIPE WITH CAP #44123FOUND MONUMENT AS NOTED ON SURVEYTHE NORTH LINE OF THE NORTHWEST QUARTER OF THENORTHWEST QUARTER OF SECTION 27, TOWNSHIP 114,RANGE 14 IS ASSUMED TO BEAR S 89°57'15" WINSET A(FROM SHEET 2 OF 4 SHEETS) 12345678123456123354OUTLOT EOUTLOT F202ND STREET WEST205TH STREET WEST202ND STREET WESTCOUNTY ROAD NO. 23 (CEDAR AVENUE)S00°26'24"W 1319.45 S89°57'18"W 1317.53S89°57'17"W 1316.80S00°02'43"E 174.30 ∆=72°19'39"R=160.00L=201.98∆=8°48'28"R=1000.00L=153.73∆=14°55'14"R=530.00L=138.02∆=8°37'50"R=470.00L=70.80N89°57'17"E 106.65∆=49°26'08"L=138.05∆=22°53'31"L=63.93N00°02'43"W30.00 632.96683.8430.01 30.01 N00°02'43"W30.00S51°08'50"E60.00124.30 85.2570.4570.3570.35163.10147.42189.3130.63 S00°00'37"E 163.53S00°02'43"E 155.66S00°02'43"E 153.00S00°02'43"E 153.00S34°24'03"E 198.01S79°24'05"E 159.72N55°35'54"E 203.52 ∆=9°31'08"L=83.075.96∆=11°02'04"L=36.5970.3518.80∆=5°55'04"L=51.64∆=2°42'46"L=23.67∆=5°24'06"L=47.1417.50∆=34°21'20"L=35.98 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S64°16'46"E110.69N42°40'34"W79.09S19°25'50"E80.22N03°48'54"E80.22 S27°03'39"W 208.52S00°26'24"W 405.30 N89°33'36"W10.00∆=4°25'25"R=608.65L=46.99∆=231°06'06"R=60.00L=242.01S00°24'29"W50.00 50 50 50 757575858540 303030 30 30 3030Drainage & Utility Easementover all of Outlot F10101010143.0070.0010 10 10 10Drainage &Utility EasementDrainage &Utility EasementDrai n a g e & Utilit y E a s e m e n t Drainage & Utility Easementper Document No. 2986962GENEVA TRAIL203RD STREET404040.64135.6445454545Drainage& UtilityEasementDrainage & Utility Easementcenterline of TransmissionLine Easement perDocument No. 16624143030 30116.94S01°22'10"W 448.58S32°27'32"W65.38080160240Sheet 4 of 4 SheetsCEDAR HILLSScale in FeetScale: 1 Inch = 80 FeetSET 1/2" BY 14" IRON PIPE WITH CAP #44123FOUND MONUMENT AS NOTED ON SURVEYTHE NORTH LINE OF THE NORTHWEST QUARTER OF THENORTHWEST QUARTER OF SECTION 27, TOWNSHIP 114,RANGE 14 IS ASSUMED TO BEAR S 89°57'15" WBEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED,AND ADJOINING LOT LINES, AND 10 FEET IN WIDTH ANDADJOINING RIGHT-OF-WAY LINES AS SHOWN ON THE PLATDRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:(NOT TO SCALE)10 10 55INSET B(FROM SHEET 2 OF 4 SHEETS) City of Lakeville Public Works – Engineering Division Memorandum To: Kris Jenson, Associate Planner From: Alex Jordan, Assistant City Engineer McKenzie L. Cafferty, Environmental Resources Manager John Hennen, Parks and Recreation Director Copy: Zach Johnson, City Engineer Jerilyn Erickson, Finance Director Gene Abbott, Building Official Daryl Morey, Planning Director Date: August 27, 2020 Subject: Cedar Hills • Final Plat Review • Final Grading and Erosion Control Plan Review • Utility Plan Review • Tree Preservation Review BBAACCKKGGRROOUUNNDD US Home Corporation, DBA Lennar has submitted a final plat named Cedar Hills. This is the first phase of the Cedar Hills preliminary plat approved by the City Council on July 20, 2020. The proposed subdivision is located east of and adjacent to Cedar Avenue (CSAH 23), north of and adjacent to 205th Street and south of and adjacent to 200th Street (CR 64). The parent parcels consist of four metes and bounds parcels (PID Nos. 220270025011, 220270025012, 220270026011 and 220270026012), zoned RM-1 (Medium Density Residential) and RS-3 (Single Family Residential). The final plat consists of sixteen (16) single-family lots, sixteen (16) detached townhome lots, two (2) HOA common lots within five (5) blocks, and six (6) outlots on 159.5 acres. The Developer is dedicating 13.41 acres as Cedar Avenue, 202nd Street and 200th Street right-of- way. CCEEDDAARR HHIILLLLSS –– FFIINNAALL PPLLAATT AAUUGGUUSSTT 2277,, 22002200 PPAAGGEE 22 OOFF 1122 The outlots created with the final plat shall have the following use: Outlot A: Stormwater Management Basin; to be deeded to the City (1.61 acres) Outlot B: Future Development; to be retained by the Developer (29.22 acres) Outlot C: Future Development; to be retained by the Developer (36.85 acres) Outlot D: Future Development; to be retained by the Developer (38.36 acres) Outlot E: Future Development; to be retained by the Developer (22.49 acres) Outlot F: Stormwater management basin, wetland and buffers; to be deeded to the City (6.47 acres) The proposed development will be completed by: Developer: US Home Corporation, DBA Lennar Engineer/Surveyor: Westwood Professional Services, Inc. SSIITTEE CCOONNDDIITTIIOONNSS The Cedar Hills site is vacant agricultural land containing several delineated wetlands and drainageways. The southern drainageways and wetlands are bordered by significant trees. Overhead transmission utility lines are located along the east side of Cedar Avenue and overhead utility lines are located along the south side of 200th Street adjacent to the parent parcels. The parent parcels are bisected by a ridge through the center of the site, sloping to the south and northeast along the drainageways. The Developer began mass grading the site in July through issuance of a grading permit following approval of the preliminary plat. EENNVVIIRROONNMMEENNTTAALL AASSSSEESSSSMMEENNTT WWOORRKKSSHHEEEETT ((EEAAWW)) An Environment Assessment Worksheet (EAW) was prepared consistent with Environmental Quality Board (EQB) requirements, based on the number of residential lots in the development. The Developer has addressed the comments identified in the EAW review process. A Negative Declaration on the EAW was adopted by the City Council at their January 6, 2020 meeting. EEAASSEEMMEENNTTSS The parent parcels contain existing public and private easements. The following easements will remain with the proposed development: • Transmission Line Easement, per Document No. 1662414 • Right of Way Agreement with Great Lakes Pipe Line Company (NKA Magellan Pipeline Company, LP), recorded in Book 40 of Miscellaneous Records on page 391. • Highway Easement, per Document No. 1663241 • Highway Easement, per Document No. 1673679 • Permanent Easement, per Document No. 2986962 CCEEDDAARR HHIILLLLSS –– FFIINNAALL PPLLAATT AAUUGGUUSSTT 2277,, 22002200 PPAAGGEE 33 OOFF 1122 The following public easement were vacated with the preliminary plat: • Street & Utility Easement per Document Nos. 1997075 and 2160055 The following easements are in favor of Dakota County and may remain with the final plat: • Highway Easement per Document No. 3290658 • Highway Easement per Document No. 3290660 The following temporary public easement will remain in effect until expiration: • Temporary Easement, per Document No. 3290659 • Temporary Easement, per Document No. 3290661 SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT Cedar Avenue (CSAH 23) Cedar Hills is located east of and adjacent to Cedar Avenue, a minor arterial County highway, as identified in the City’s Transportation Plan. Cedar Avenue is currently constructed as a four- lane divided rural roadway with an urban center median. The current Dakota County Plat Review Needs Map indicates a half right-of-way requirement of 75-feet and designates this roadway as a future four-lane divided urban roadway with ½ mile full access spacing over its entire length adjacent to the plat. The Developer is dedicating the necessary right-of-way as shown on the final plat. The final plat was reviewed and recommended for approval by the Dakota County Plat Commission at their August 19, 2020 meeting. 200th Street (CR 64) Cedar Hills is located south of and adjacent to 200th Street, a major collector County roadway, as identified in the City’s Transportation Plan. 200th Street is currently constructed as a two- lane undivided rural roadway adjacent to the plat. The current Dakota County Plat Review Needs Map indicates a half right-of-way requirement of 50-feet and designates this roadway as a future two-lane undivided urban roadway over its entire length adjacent to the plat. The Developer is dedicating the necessary right-of-way as shown on the final plat. The preliminary plat was reviewed and recommended for approval by the Dakota County Plat Commission at their August 19, 2020 meeting. 202nd Street Cedar Hills includes the construction of 202nd Street from Cedar Avenue to Geneva Trail. 202nd Street is a major collector roadway as identified in the City’s Transportation Plan. 202nd Street will provide a full access to Cedar Avenue and in the future to the City of Farmington and Flagstaff Avenue. 202nd Street is designed as a 40-foot wide two-lane urban roadway within 100 feet of right-of-way. The Developer shall construct eight-foot wide bituminous trails along the north and south sides of the roadway. The intersection design at Cedar Avenue was determined with the CSAH 50 improvement project (City Project 15-12) to the west. The Developer shall construct the necessary turn lanes and center median to align with the ongoing intersection improvements, as shown on the final plat construction plans. The Developer shall construct 202nd Street to the east plat boundary with either Phase 2 of the preliminary plat or by November 1, 2021 (whichever is sooner). CCEEDDAARR HHIILLLLSS –– FFIINNAALL PPLLAATT AAUUGGUUSSTT 2277,, 22002200 PPAAGGEE 44 OOFF 1122 The City, Developer, City of Farmington and Independent School District 192 have partnered to construct and extend 202nd Street beyond the City of Lakeville corporate limits to provide a secondary access to Farmington High School. The Developer shall design the 202nd Street connection and private north-south high school private roadway and construct those improvements with either Phase 2 of the preliminary plat or by November 1, 2021 (whichever is sooner). The City will enter into a Joint Powers Agreement with the City of Farmington and ISD 192 to provide funding for the Developer’s design, administration and construction costs for the improvements outside of the plat boundary. The reimbursement is estimated at $550, 000 and will be provided to the Developer with the Phase 2 final plat development contract or through a Development Contract Amendment with the Cedar Hills final plat. The City of Farmington is required to obtain the necessary right-of-way for the construction of the improvements on private property. A no parking resolution will be required with the final plat banning parking along 202nd Street adjacent to the plat boundary. 205th Street Cedar Hills is located north of and adjacent to 205th Street, a minor collector roadway as identified in the City’s Transportation Plan. 205th Street is currently constructed as a two-lane undivided urban roadway adjacent to the plat. Geneva Trail Development of Cedar Hills includes the construction of Geneva Trail, a local roadway. Geneva Trail is designed as 32-foot wide urban roadways with a 5-foot sidewalk along one side of the street, terminating in temporary cul-de-sacs both north and south of 202nd Street. The Developer is dedicating the necessary right-of-way as shown on the final plat. Geneva Trail will provide a full access to 202nd Street. The Developer shall construct temporary cul-de- sacs at the north and south terminus, dedicate temporary easements over the cul-de-sacs, provide a $5,000 security for the future removal of the cul-de-sacs and install future street extension signs and barricades at both ends with the final plat. 203rd Street Development of Cedar Hills includes the construction of 203rd Street a local cul-de-sac roadway. 203rd Street is designed as 32-foot wide urban roadway within 60-feet of right-of- way. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility and street construction will be from a single entrance on 202nd Street at Cedar Avenue. Access to the existing adjacent local roadways shall be limited as much as feasible for the development construction. CCEEDDAARR HHIILLLLSS –– FFIINNAALL PPLLAATT AAUUGGUUSSTT 2277,, 22002200 PPAAGGEE 55 OOFF 1122 PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS The City’s Parks, Trails and Open Space Plan designates a future neighborhood park on the southeast parent parcels, extending from the existing park in Spyglass. The Park Dedication requirement has not been collected on the parent parcels and shall be satisfied through land dedication and a cash contribution with the development. The total park area required with the preliminary plat is 16.36 acres, which is calculated as 12% of the net area of the property (excluding arterial right-of-way and wetlands to remain) estimated as follows: Gross Area of Preliminary Plat 159.50 Acres Less Cedar Avenue, 200th Street and 202nd Street Right-of-way Less wetlands to remain 13.41 9.75 Acres Acres Total Buildable Area 136.34 Acres Land Dedication Requirement (12%) 16.36 Acres The total park area estimated to be dedicated within the preliminary plat is 3.0 acres. This satisfies an estimated 18.34% or 67.48 lots of the required park dedication for the preliminary plat. The estimated park dedication requirement for the remaining 81.66% or 300.52 lots will be required to be paid with cash with the final plat. Only area outside of wetlands, wetland buffers and stormwater basins is to be credited or compensated for park dedication purposes. The final amount of park land to be dedicated will be determined at the time Outlot D is final platted into lots and blocks. The Park Dedication Fee required with the final plat is calculated as follows: 16 lots x $4,509.00 = $72,144.00 Low Density Lots In Phase 1 Park Dedication Fee Low Density Low Density Park Dedication Required with Phase 1 Final Plat 16 lots x $3,068.00 = $49,088.00 Medium Density Lots in Phase 1 Park Dedication Fee Medium Density Medium Density Park Dedication Required with Phase 1 Final Plat $72,144.00 + $49,088.00 = $121,232.00 Low Density Park Dedication Required with Phase 1 Final Plat Medium Density Park Dedication Required with Phase 1 Final Plat Park Dedication Required with Phase 1 Final Plat Development of Cedar Hills includes the construction of public trails and sidewalks. 5-foot wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all local streets except for the 203rd Street cul-de-sac. Bituminous trails will be constructed along both sides of 202nd Street from Cedar Avenue to Geneva Trail (8-ft wide) and the east side of Cedar Avenue from 205th Street to 202nd Street (10-ft wide) with the first phase final plat. The Developer will be responsible for 100% of the grading and restoration for the bituminous trails. The Developer shall receive a $24,310.13 credit to the final plat cash fees for the City’s 3/8th share (excluding grading and restoration) of the trail construction costs. CCEEDDAARR HHIILLLLSS –– FFIINNAALL PPLLAATT AAUUGGUUSSTT 2277,, 22002200 PPAAGGEE 66 OOFF 1122 The Developer shall dedicate to the City a Trail Easement prior to recording the final plat over the proposed trail located outside of the right-of-way on the following lots: • Lots 1-3, Block 3 (Cedar Avenue trail) UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Cedar Hills is located within subdistricts SC-10055 of the South Creek sanitary sewer district and FO-60050 of the Farmington Outlet sanitary sewer district as identified in the City’s Sewer Plan. The wastewater from the development will be conveyed via existing trunk sanitary sewer to the MCES Farmington and Elko/New Market Interceptors and continue to the Empire Wastewater Treatment Facility. 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 current rate in effect at the time of final plat approval, calculated as follows: 32 units x $327.00 = $10,464.00 Total Units 2020 Sanitary Sewer Availability Charge Per Unit Sanitary Sewer Availability Charge required WWAATTEERRMMAAIINN Development of Cedar Hills includes the extension of public watermain. Watermain will be extended within the development to provide water service to the subdivision. Consistent with the City’s Water Plan, trunk watermain extensions are required to be completed with the final plat. The Developer shall extend the 12-inch trunk watermain along 202nd Street from Cedar Avenue to Geneva Trail with the final plat. The 12-inch watermain shall be extended east at the time 202nd Street is extended east of Geneva Trail. The Developer shall extend 16-inch trunk watermain along the east side of Cedar Avenue from 202nd Street to 200th Street adjacent to the plat at the time Outlot B is final platted into lots and blocks adjacent to Cedar Avenue. The portion of the plat south of 202nd Street is located within the City’s Air Lake low pressure zone. A pressure reducing valve will be installed by the City in the southwest corner of Cedar Avenue and 202nd Street to provide a secondary pressure loop to the City’s normal pressure zone in 2021. The portion of the development north of 202nd Street is located in the City’s normal pressure zone. Watermain between the two zones will not be looped in the development as a pressure reducing valve will not be constructed. The City will credit the Developer for the oversizing of the 12” trunk watermain in the development. The credit will be based on the cost difference between 8-inch watermain and the oversized watermain that will be installed. The $8,670.00 credit will be applied to the CCEEDDAARR HHIILLLLSS –– FFIINNAALL PPLLAATT AAUUGGUUSSTT 2277,, 22002200 PPAAGGEE 77 OOFF 1122 Developer’s final plat cash fees and is based on an estimate provided by the Developer’s engineer. OOVVEERRHHEEAADD LLIINNEESS An overhead electric transmission line and poles are located along the east side of Cedar Avenue on the parent parcels. No modifications are required to this infrastructure. An overhead electric line and poles are located along the south side of 200th Street adjacent on the parent parcels. The Developer is required to remove the poles and place the utilities underground from Cedar Avenue to the east plat boundary at the time Outlot B is final platted into lots and blocks, consistent with the City’s Public Ways and Property Ordinance. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Cedar Hills is located within subdistricts SC-198, SC-099 and C-096 of the South Creek stormwater district and FO-018 and FO-019 of the Farmington stormwater district as identified in the City’s Water Resources Management Plan. Development of Cedar Hills includes the 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 subdivision. Due to the high elevation of groundwater and in-situ clay soils, infiltration is not feasible in the majority of the development. Water quality will be provided through a private water re-use system to the open space areas in the development. The privately owned and maintained re-use system will be constructed from stormwater collected in the proposed basin on Outlot A to irrigate the common lot open space and must be constructed and paid for by the Developer. The stormwater management basins will be located within Outlots A and F which will be deeded to the City with the final plat. The stormwater basin designs include an aquatic safety bench and shall include a skimming device designed for the 10-year event, 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 Hills 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. CCEEDDAARR HHIILLLLSS –– FFIINNAALL PPLLAATT AAUUGGUUSSTT 2277,, 22002200 PPAAGGEE 88 OOFF 1122 SSTTOORRMM SSEEWWEERR Development of Cedar Hills 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 Outlots A and F. Draintile construction is required in areas of non-granular soils within Cedar Hills 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 Hills final plat, calculated as follows: Trunk Storm Sewer Area Charge Summary Gross Area of Cedar Hills 6,949,622.44 s.f. Less Area of Outlot A (Stormwater Management Basin) (-) 70,176.43 s.f. Less Area of Outlot B (Future Development) (-) 1,272,939.22 s.f. Less Area of Outlot C (Future Development) Less Area of Outlot D (Future Development) Less Area of Outlot E (Future Development) Less Area of Outlot F (Stormwater Management Basin and Wetlands) Less Cedar Avenue, 200th Street and 202nd Street Right-of-Way (-) 1,605,284.70 s.f. (-) 1,672,050.01 s.f. (-) 979,813.08 s.f. (-) 281,929.05 s.f. (-) 584,139.60 s.f. Total = 483,290.35 s.f. 483,290.35 s.f. x $0.178/s.f. = $86,025.68 Net Area of Cedar Hills 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 F, calculated as follows: 8.08 acres x $5,500/acre = $44,440.00 Outlots A and F Per Acre Credit Total RREESSIIDDEENNTTIIAALL BBUUFFFFEERR YYAARRDD RREEQQUUIIRREEMMEENNTTSS Cedar Avenue is a minor arterial 202nd Street is a major collector roadway as identified in the City’s Transportation Plan. A buffer yard containing earth berms and/or plantings of a sufficient density to provide a visual screen and a reasonable buffer a minimum of ten feet in height shall be provided adjacent to Cedar Avenue and 202nd Street consistent with the Zoning Ordinance. A certified as-built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. CCEEDDAARR HHIILLLLSS –– FFIINNAALL PPLLAATT AAUUGGUUSSTT 2277,, 22002200 PPAAGGEE 99 OOFF 1122 FEMA FLOODPLAIN ANALYSIS Cedar Hills 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 The wetland delineation for the site was approved on August 28, 2019. The wetland delineation was completed by Westwood Professional Services, Inc. There are 0.456 acres of permanent wetland impacts associated with the development of this site. Applicant will purchase a total of 0.912 acres of banking credits. The Notice of Application was sent out 02/03/20. No adverse comments were received during the comment period. The wetland replacement plan was approved on 02/25/20. The Developer is responsible for the installation of 5 Natural Resource Signs along the wetlands and creek buffers. Final locations must be reviewed by City staff prior to installation. TTRREEEE PPRREESSEERRVVAATTIIOONN The preliminary plat plans identified 960 total trees on site and proposes to save 744 trees. Tree removals were completed with the mass grading of the site. EERROOSSIIOONN CCOONNTTRROOLL The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. A detailed SWPPP must be submitted to the City for review prior to any land disturbance. Redundant silt fence is required along all wetlands and waterways that do not have a 50-foot established buffer. The Developer is responsible for the establishment of native vegetation around all stormwater treatment basins and any disturbed or farmed buffer. A management plan including a schedule for maintenance must be submitted for the city for review. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Vermillion River Watershed JPO. Any additional measures required shall be installed and maintained by the Developer. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Cedar Hills. Construction costs are based upon estimates submitted by the Developer’s engineer on July 30, 2020. CCEEDDAARR HHIILLLLSS –– FFIINNAALL PPLLAATT AAUUGGUUSSTT 2277,, 22002200 PPAAGGEE 1100 OOFF 1122 CONSTRUCTION COSTS Sanitary Sewer $ 416,501.50 Watermain 336,024.00 Storm Sewer 473,877.00 Street Construction 693,987.60 Erosion Control and Restoration 1,446,872.20 SUBTOTAL - CONSTRUCTION COSTS $ 3,367,262.30 The Developer provided the City with a cash escrow in the amount of $1,446,872.20 as a security prior to submittal of the final plat application: for Erosion Control, Stormwater Basins, Restoration, Grading and Grading Certification to grade following City Council approval of the preliminary plat (Building Permit No. LA182438). Upon submittal of the security with the final plat, the City will release the existing cash escrow. OTHER COSTS Developer’s Design (3.0%) $ 101,017.87 Developer’s Construction Survey (2.5%) 84,181.56 City’s Legal Expense (0.5%) 16,836.31 City Construction Observation (5.0%) 168,363.12 Developer’s Record Drawing (0.5%) 16,836.31 Future removal and restoration of temporary cul-de-sacs Native Seeding and maintenance (3yrs) within Outlots A and F Natural Area Signs 5,000.00 50,000.00 750.00 Landscaping 143,796.25 Street Lights 14,800.00 Lot Corners/Iron Monuments 4,000.00 SUBTOTAL - OTHER COSTS $605,581.42 TOTAL PROJECT SECURITY $3,972,843.72 The street light security totals $14,800 which consists of two (2) mast-arm street lights at $1,400 each and 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 $4,000.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all irons have been placed following site grading, street and utility construction. CCAASSHH FFEEEESS A $3,050.00 cash fee for traffic control signs is due with Cedar Hills. If the street signs are installed during frost conditions, the developer shall pay an additional $150.00 for each street sign location. CCEEDDAARR HHIILLLLSS –– FFIINNAALL PPLLAATT AAUUGGUUSSTT 2277,, 22002200 PPAAGGEE 1111 OOFF 1122 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: 32 units x $40.48/unit = $1,295.36 Dwelling Units Streetlight Operating Fee Total A cash fee for one-year of environmental resources management expenses shall be paid at the time of final plat approval and is calculated as follows: 32 units x $66.16/unit = $2,117.12 Dwelling Units Environmental Resources Management Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid at the time of final plat approval and is calculated as follows: 40 units x $90.00/unit = $3,600.00 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 $101,017.87. CASH REQUIREMENTS Park Dedication 121,232.00 Sanitary Sewer Availability Charge 10,464.00 Trunk Storm Sewer Area Charge 86,025.68 Traffic Control Signs 3,050.00 Streetlight Operating Fee 1,295.36 Environmental Resources Management Fee 2,117.12 City Base Map Updating Fee 3,600.00 City Engineering Administration (3.00%) 101,017.87 SUBTOTAL - CASH REQUIREMENTS $328,802.03 CREDITS TO THE CASH REQUIREMENTS Watermain Oversizing (Trunk Water Fund) Outlots A and F (Deeded to the City) (Trunk Storm Sewer) City 3/8 Trail Cost – 202nd Street (Park Dedication) City 3/8 Trail Cost – Cedar Avenue (Park Dedication) $ 8,670.00 44,440.00 9,964.13 14,346.00 SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS = $ 77,420.13 TOTAL CASH REQUIREMENTS $251,381.90 CCEEDDAARR HHIILLLLSS –– FFIINNAALL PPLLAATT AAUUGGUUSSTT 2277,, 22002200 PPAAGGEE 1122 OOFF 1122 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the final plat, grading and erosion control plan, and utility plan for Cedar Hills, subject to the requirements and stipulations within this report.