HomeMy WebLinkAboutItem 07March 2, 2012 Item No.
MARCH 5, 2012 CITY COUNCIL MEETING
KENORA RIDGE
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving the
Kenora Ridge preliminary and final plat.
Adoption of this motion will allow the development of three single family residential lots.
Overview
Kenyon Land Holdings, LLC. submitted applications for a preliminary and final plat for the
development of three single family residential lots to be known as Kenora Ridge. The
property is located south of 162n Street (CSAH 46), west of Kent Trail and east of Kenora
Way. The sketch layout for these three single family lots was identified on the Kent 46
preliminary and final plat approved by the City Council in 2007.
The Planning Commission held a public hearing and unanimously recommended approval of
the Kenora Ridge preliminary and final plat at their February 16, 2012 meeting. There was
public comment from three neighboring residents. The Parks, Recreation and Natural
Resources Committee unanimously recommended approval at their February 15, 2012
meeting. Staff also recommends approval.
Primary Issue to Consider
Why have the planning and engineering reports been revised? The revised planning and
engineering reports include an updated total of the number of significant trees and an
updated percentage of the number of saved trees within the plat boundaries.
Supporting Information
• Resolution approving the Kenora Ridge preliminary and final plat.
• The signed development contract.
• February 16, 2012 Planning Commission draft meeting minutes.
• February 15, 2012 Parks, Recreation and Natural Resources Committee draft meeting
minutes.
• The planning and engineering reports revised February 21, 2012.
Frank Dempsey, AICP, ASsociat Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Subdivision and Zoning Ordinances
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY AND
FINAL PLAT OF KENORA RIDGE
WHEREAS, the owner of the property described as KENORA RIDGE has
requested preliminary and final plat approval; and
WHEREAS, the preliminary and final plat was reviewed by the Planning
Commission and the Parks, Recreation and Natural Resources Committee; and
WHEREAS, the preliminary and final plat is acceptable to the City;
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. The KENORA RIDGE preliminary and final plat is approved subject to the
developer's execution of the development contract and security
requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development
contract and the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
DATED this 5 day of March 2012
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 5 day of March 2012 as
shown by the minutes of said meeting in my possession.
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
CITY OF LAKEVILLE
Mark Bellows, Mayor
Charlene Friedges
City Clerk
(SEAL)
CONTRACT dated
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
KENORA RIDGE
, 2012, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation ( "City "), and KENYON HOLDINGS, LLC, a Minnesota limited liability
company (the "Developer ").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for Kenora Ridge (referred to in this Contract as the "plat "). The land is situated in the County of Dakota,
State of Minnesota, and is legally described as:
Out/ot B, KENT 46, Dakota County, Minnesota
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, remove trees, 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
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has been received by the City, and 3) the necessary insurance for the Developer and its construction
contractors has been received by the City. In addition, the City will not issue a permit for more than one
structure until the plat is filed with the office of the Dakota County Recorder or Registrar of Titles.
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 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
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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 Adjustments
B. Water System Adjustments
C. Street Lights
D. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
E. Underground Utilities
F. Setting of Iron Monuments
G. Surveying and Staking
H. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the
City Code concerning erosion and drainage and Section 4 -1 -4-2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
engineer to the City for approval by the City Engineer. The Developer shall instruct its 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
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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 505.02, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer's surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights -of -Way
B. MnDot for State Highway Access
C. MnDot for Work in Right -of -Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
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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, 2012.
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
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
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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.
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
one model home permit on a lot acceptable to the Building Official), the Developer shall provide the City
with an "as constructed" grading plan certified by a registered land surveyor or engineer that all storm water
treatment/infiltration basins and swales, have been constructed on public easements or land owned by the
City. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of
storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland
mitigation areas if any, locations and dimensions of borrow areas /stockpiles, and installed "conservation
area" posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10-
3 -5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on
file with the City and all erosion control measures are in place as determined by the City Engineer. The
Developer certifies to the City that all lots with house footings placed on fill have been monitored and
constructed to meet or exceed FHA/HUD 79G specifications.
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,
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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, Tess any draw made by the City, shall be returned
to the person who deposited the funds with the City.
A certified as -built building pad survey must be submitted and approved for commercial, industrial
or institutional developments prior to issuance of a building permit.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in -house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and its engineer on status or
problems regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be
three percent (3 %) of construction costs identified in the Summary of Security Requirements if using a
letter of credit, assuming normal construction and project scheduling. The Developer shall pay for
construction observation performed by the City's in -house engineering staff or consulting engineer.
Construction observation shall include part or full time inspection of proposed public utilities and street
construction and will be billed on hourly rates estimated to be seven percent (7 %) of the estimated
construction cost.
19. STORM SEWER, STORM SEWER AREA CHARGE & CRYSTAL LAKE SURCHARGE.
Development of Kenora Ridge does not include the construction of any public storm sewer
improvements.
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The trunk storm sewer area charge has not been collected on the parent parcel of Kenora Ridge
and must be paid in cash at the time of final plat approval. The trunk storm sewer area charge is
calculated as follows:
34,600 s.f. x $0.167/s.f. = $5,778.20
Gross Area of Area Charge
Kenora Ridge
Kenora Ridge is also subject to the Crystal Lake Surcharge which must be paid in cash at the time
of final plat approval. The Crystal Lake Surcharge is calculated as follows:
34,600 s.f. x $0.0126/s.f. = $435.96
Gross Area of Area Charge
Kenora Ridge
20. SANITARY SEWER & SANITARY SEWER AVAILABILITY CHARGE. Development of
Kenora Ridge includes the relocation of sanitary sewer services that were constructed with the adjacent
Kenwood Oaks development to accommodate the Kenora Ridge plat. The proposed sanitary sewer
layout is in accordance with the City's Comprehensive Sanitary Sewer Plan. Final locations and sizes of
all sanitary sewer must be reviewed by City Staff with the final construction plans.
The trunk sanitary sewer area charge for Kenora Ridge was previously assessed with the parent
parcel and has been paid.
21. WATERMAIN. The proposed watermain layout is in accordance with the City's
Comprehensive Water Plan. Final locations and sizes of all watermain facilities must be reviewed by
City Staff with the final construction plans.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and
home construction shall be from Kenora Way via 163 Street. Construction traffic shall not access Kenora
Way from Kent Trail.
23. PARK DEDICATION, TRAILS AND SIDEWALKS. The park dedication requirement for
the Kenora Ridge development was satisfied with the Kent 46 final plat. There are no trail or sidewalk
improvements planned with the Kenora Ridge development.
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24. STREET LIGHT OPERATION COSTS. A cash fee for one -year of streetlight operating
expenses must be paid at the time of final plat approval and is calculated as follows:
3 units x $7.65/unit/qtr. x 4 qtrs. _ $91.80
Dwelling Units Streetlight Operating Fee
25. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface
water management expenses must be paid at the time of final plat approval and is calculated as follows:
3 units x $7.00/unit/qtr. x 4 qtrs. = $84.00
Dwelling Units Surface Water
Management Fee
26. LANDSCAPING. A minimum of two (2) trees must be planted on each lot that does not
have at least two (2) "save" significant trees, one of which must be planted in the front yard. Trees to be
installed must meet the size and species requirements of the City zoning ordinance. 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 bug infestation or weak bark. The minimum
deciduous tree size shall be two and one -half (2'A) inches caliper, balled and burlapped. Evergreen trees
must be at least six feet (6') tall. The trees may not be planted in the right -of -way. The Developer or lot
purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot.
Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has
received a certificate of occupancy. Before a building permit is issued, a cash escrow of $1,000.00 per lot
shall be furnished the City to guarantee compliance with the landscaping requirements. If the
landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply
the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds,
without interest, less any draw made by the City, shall be returned to the person who deposited the funds
with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12)
months after planting. Any replacements shall be warranted for 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
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percent (50 %) will be released one year after the landscaping inspection and any warranty work has
been completed.
27. TREE PRESERVATION. The Developer shall post a security for tree preservation on an
individual lot basis for each lot containing a "save" significant tree. The security is $1,500 for each lot
with a "save" significant tree and $1,000 for each outlot with a "save" significant tree and is calculated as
follows for the Kenora Ridge development:
Block 1: Lots 1 and 3 2 lots @ $1,500 /lot = $3,000.00
Individual lot tree preservation plans shall be required for each of the above lots and must be submitted at
the time of application for a building permit.
Prior to the issuance of building permits in this plat, the Developer's forester shall certify that all
trees designated to be saved on the tree preservation plan are saved or replaced in compliance with
Subdivision Ordinance requirements. Prior to issuance of a building permit for homes on a lot with tree
preservation, the builder shall post a $1,000.00 tree protection security and provide an individual lot tree
preservation plan. The Developer shall submit an as -built tree preservation plan following site grading,
street and utility construction. After City staff has reviewed and approved the as -built tree preservation
plan the security maybe released.
28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the February 9, 2012 engineering report.
B. Implementation of the recommendations of the Parks, Recreation, and Natural Resources
Committee.
C. All homes within the Kenora Ridge development must meet the following minimum setback
requirements of the RS -3, Single Family Residential Zoning District:
Front Yard
Side Yard
Rear Yard
30 feet
10 feet
30 feet
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D. Development of Kenora Ridge includes the construction of one boulder retaining wall. The
wall will be located within Lot 1, Block 1, outside the established drainage and utility
easement, and will be privately -owned and maintained by the homeowner.
E. 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 $300.00 security for the final placement of
interior subdivision iron monuments at property corners. The security was calculated as
follows: 3 lots at $100.00 per lot. 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.
F. The Developer shall pay a cash fee for the preparation of record construction drawings and
City base map updating. This fee is $75.00 per lot for a total charge of $225.00.
G. 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. The Developer shall also submit one complete set of reproducible
construction plans on Mylar.
29. 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 $37,510.01, plus a cash fee of $842.32 for City
engineering administration. The amount of the security was calculated as follows:
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CONSTRUCTION COSTS:
A. Sanitary Sewer $ 3,150.00
B. Retaining Walls 2,275.00
C. Erosion Control and Grading Certification 22,652.25
CONSTRUCTION SUB -TOTAL $ 28,077.25
OTHER COSTS:
A. Developer's Design (6.0 %) $ 1,684.64
B. Developer's Construction Survey (2.5 %) 701.93
C. City Legal Expenses (Est. 0.5 %) 140.39
D. City Construction Observation (Est. 7.0 %) 1,965.41
E. Developer's Record Drawings (0.5 %) 140.39
F. Tree Preservation 3,000.00
G. Lot Corners /Iron Monuments 300.00
OTHER COSTS SUB -TOTAL $ 7,932.76
TOTAL SECURITIES: $ 36,010.01
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be
subject to the approval of the City Administrator. The City may draw down the security, on five (5) business
days written notice to the Developer, for any violation of the terms of this Contract or without notice if the
security is allowed to lapse prior to the end of the required term. If the required public improvements are not
completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down
without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of
proof satisfactory to the City that work has been completed and financial obligations to the City have been
satisfied, with City approval the security may be reduced from time to time by ninety percent (90 %) of the
financial obligations that have been satisfied. Ten percent (10 %) of the amounts certified by the
Developer's engineer shall be retained as security until all improvements have been completed, all financial
obligations to the City satisfied, the required "as constructed" plans have been received by the City, a
warranty security is provided, and the public improvements are accepted by the City Council. The City's
standard specifications for utility and street construction outline procedures for security reductions.
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30. 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. Trunk Storm Sewer Area Charge
B. Crystal Lake Surcharge
C. Street Light Operating Fee
D. Surface Water Management Utility Fee
E. City Base Map Updating
F. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement)
TOTAL CASH REQUIREMENTS
$ 5,778.20
435.96
91.80
84.00
225.00
842.32
$ 7,457.28
31. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10 %) of the security posted by the Developer until
the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City's standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
32. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the
City in conjunction with the development of the plat, including but not limited to Soil and
Water Conservation District charges, legal, planning, engineering and construction
observation inspection expenses incurred in connection with approval and acceptance of
the plat, the preparation of this Contract, review of construction plans and documents, and
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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 Tots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt plat development and construction until the bills are paid in full. Bills not paid
within thirty (30) days shall accrue interest at the rate of eighteen percent (18 %) per year.
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.
33. 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
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SRN:02/13/2012 (Kenyon Holdings, LLC)
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.
34. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City
determines that the plat does not comply, the City may, at its option, refuse to allow
construction or development work in the plat until the Developer does comply. Upon the
City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract
is for any reason held invalid, such decision shall not affect the validity of the remaining
portion of this Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets
prior to issuance of any building permits, except one model home on a lot 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
162603v01 15 LKVL:Kenora Ridge
SRN:02/13/2012 (Kenyon Holdings, LLC)
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.
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. The Developer and contractor shall acquire public liability and property damage insurance
covering personal injury, including death, and claims for property damage which may arise
out of the Developer's work or the work of their subcontractors or by one directly or indirectly
employed by any of them. The insurance must be maintained until six (6) months after the
City has accepted the public improvements. Limits for bodily injury and death shall be not
less than $500,000 for one person and $1,000,000 for each occurrence; limits for property
damage shall be not less than $200,000 for each occurrence; or a combination single limit
policy of $1,000,000 or more. The City shall be named as an additional insured on the policy
on a primary and noncontributory basis, and the Developer and contractor shall file with the
City a certificate evidencing coverage prior to the City signing the plat. The certificate shall
provide that the City must be given ten (10) days advance written notice of the cancellation
of the insurance.
162603v01 16 LKVL:Kenora Ridge
SRN:02/13/2012 (Kenyon Holdings, LLC)
J. 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.
K. 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.
L. 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.
35. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 16233 Kenyon Avenue, Suite 210, Lakeville, Minnesota 55044. 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.]
162603v01 17 LKVL:Kenora Ridge
SRN:02/13/2012 (Kenyon Holdings, LLC)
(SEAL)
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
CITY OF LAKEVILLE
BY:
AND
Mark Bellows, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of ,
2012, by Mark Bellows 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
162603v01 18 LKVL:Kenora Ridge
SRN:02/13/2012 (Kenyon Holdings, LLC)
STATE OF MINNESOTA
COUNTY OF DAKOTA
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
RNK:srn
( ss.
DEVELOPER:
KENYON HOLDINGS, LLC
BY:
Its
The foregoing instrument was acknowledged before me this VI day of tJ ,VV ,
' 4
2012, by ��,ith ti1?c C the \I ? t'vtl#►UnV I b�v�L c:, cA-� Tv rgsLof
Kenyon Holdings, LLe, a Minnesota limited liability company, on beh If of the company.
NOTARY PUB
BRITTNEY MESENBRINK
NOTARY PUBLIC • MINNESOTA
My Commission Expires Jan. 31, 2016
162603v01 19 LKVL:Kenora Ridge
SRN:02/13/2012
(Kenyon Holdings, LLC)
MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
ROUNDBANK, which holds mortgages 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 mortgages.
Dated this day of 6 414 ry, 2012.
STATE OF MINNESOTA
COUNTY OF SC(;
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandaie Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(651) 452 -5000
RNK:srn
162603v01
SRN:02/13/2012
( ss.
ROUNDBANK
The foregoing instrument was acknowledged before me this -
2012, by Q the V(Y1 (:4'
ROUNDBANK, on behalf of the bank.
BY:
Its /114r2.€ 14 �i - ? s r /Co ✓ti��or,�
NOTARY PUBLIC
' `S. KATHRYN M. VOSEJPKA
i i Notary Public- Minnesota
. ,,,,. My Commission Expires Jan 31, 2015
/ day of WoraaAry
fasicten- of
20 LKVL:Kenora Ridge
(Kenyon Holdings, LLC)
Rsundbank®
Memb FDIC
To: City of Lakeville
20195 Holyoke Avenue
Lakeville, Minnesota 55044
Dear Sir or Madam:
i osi t(NeLy Impact People,' L vvek siAce' 18 81
IRREVOCABLE LETTER OF CREDIT
No. 205
Date: February 24, 2012
We hereby issue, for the account of Kenyon Holdings, L.L.C. and in your favor, our Irrevocable
Letter of Credit in the amount of $37,510.01 available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. 205, dated February 24, 2012 of
Roundbank ";
b) Be signed by the City Administrator or Finance Director of the City of Lakeville.
c) Be presented for payment at 1100 1 St NE, New Prague, MN 56071 on or before 4:00 p.m.
on November 30, 2012.
This Letter of Credit shall automatically renew for successive one -year terms unless, at least
forty -five (45) days prior to the next annual renewal date (which shall be November 30 of each year),
the Bank delivers written notice to the Lakeville Finance Director that it intends to modify the terms of,
or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and
deposited in the U.S. Mail, at least forty -five (45) days prior to the next annual renewal date
addressed as follows: Lakeville Finance Director, Lakeville City Hall, 20195 Holyoke Avenue,
Lakeville, MN 55044, and is actually received by the Finance Director at least thirty (30) days prior to
the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or
not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one
draw may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs
and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be
duly honored upon presentation.
200 2nd Street NE
P.O. Box 667
Waseca, MN 56093
507 - 835 -4220
BY:
Its: a President
3380 Vermillion River Trail
P.O. Box 299
Farmington, MN 55024
651 - 463 -8300
www.roundbank.com
1100 1st Street NE
P.O. Box 265
New Prague, MN 56071
952 - 758 -2265
102 South Main Street
P.O. Box 215
Waldorf, MN 56091
507 - 239 -2166
12.08 Motion was made and seconded to recommend to City Council approval of the
vacation of public drainage and utility easements in conjunction with the re- platting
of 13 lots in Spirit of Brandtjen Farm 7th Addition, located east of Draft Horse
Boulevard and north of 170th Street.
Ayes: Maguire, Lillehei, Davis, Blee, Grenz, Drotning, Boerschel.
Nays: 0
ITEM 7. KENORA RIDGE
Chair Davis opened the public hearing to consider the _application of Kenyon
Holdings, LLC for the preliminary and final plat, of three "Single family lots to be
known as Kenora Ridge. The Recording Secretary attested that :the- legal notice had
been duly published in accordance with State;Statutes and City
Chris Remus, with James R. Hill, Inc. and Keith Sperbeck from Kenyon Holdings,
LLC were in attendance at tonight's meeting. "1r:Remus presented an overview of
their request He indicated that-th . are re ues ": to plat three single family lots
q :. e3'.. t
, q ti??g P g Y
that were platted in 2007 as Outlot;B,''1(e446.
Associate Planner Frank _Dempsey presented tlie':planrung report. Mr. Dempsey
stated that the Kent ,46;,.development included a ghost plat showing three future
single family lots within Outlo ,;B. He indicated that the three single family lots in
Kenora Ridge meetthe requirements for *size and lot width for the RS -3 District.
He indicated that fi1':;will be:,aregizred to construct homes on these three lots due to
the topography the"subjec'prope
Regarding the tree: preservation plan, Mr. Dempsey indicated that the plan
identifies 48 significant _trees "and of those 48 trees, two are dead or damaged and
five (three trees on lot 1 and two trees on lot 3) are identified to be saved resulting
in a save'ratio of 10.8 %. He stated that a minimum of two trees shall be planted on
each lot without at least tyvb save trees.
Mr. Dempsey stated that Planning and Engineering Department staff recommend
approval of the Kenora Ridge preliminary and final plat subject to the 4 stipulations
listed in the February 10, 2012 planning report.
Chair Davis opened the hearing to the public for comment.
Planning Commission Meeting
February 16, 2012
Page 3
Greg Kot, 11280 Kenora Way
Mr. Kot had the following concerns:
➢ Why is the preliminary and final plats being considered at the same time?
He objects to this.
➢ Tree preservation. He wants to make sure that all the proper paperwork for
the tree preservation plan is complete.
➢ Because of the dramatic drops in elevations, a lot ' .of fill will have to be
brought in. He would like to know how this dirt ri11 be contained.
➢ Wants to see what the homes are going to look like that will be built on these
lots and who the builder will be. Wants to be sure the'quality of the homes
are similar to the existing homes in this ,neighborhood.
➢ Will any retaining walls be built?
➢ Will the homes be built as soon as the fill is brought in? He does not want to
look at "for sale" signs for years.
Scott Alman, 16240 Kenora Court
Mr. Alman had the following concerns:
➢ Will any retaining walls_be built ?... > Wants to see the''size and;:style of the homes being built.
➢ Will the builder sell the. °lots first a nd. then take down the trees and build the
homes or will he build ,;them as spec homes and then try to sell them?
Therese Mars
6338 Keii:t Trail
Ms. :Marshik stated ; - :that she , built the first home in the Kenwood Oaks
Development. She id=entified problems that occurred in the past with the
constructi* homes in the Kenwood Oaks development as well as with the
development;of Kent 46:She had the following additional concerns:
➢ Wants to be sure that the City watches the builders at all times to be sure that
mistakes that occurred previously won't happen again, such as wrongful tree
removal and fill placed in the wrong location.
➢ Because of the amount of fill that is proposed to be brought in, she suggested
that retaining walls be built prior to the fill being brought in. She feels that
the builder will be more careful where the fill goes if the retaining walls are
already in. In addition, this will help protect the trees located behind the
retaining walls.
➢ Would like the storm water drainage situation addressed so that fill does not
end up in Lee Lake and so no more basements get flooded.
Planning Commission Meeting
February 16, 2012
Page 4
➢ Wants the values of the proposed homes to be comparable to the values of
the current homes in the Kenwood Oaks development.
Commissioner Lillehei read the 4 stipulations that are listed in the February 10, 2012
planning report.
12.09 Motion was made and seconded to close the public hearing at 6:43 p.m.
Ayes: Lillehei, Davis, Blee, Grenz, Boerschel, Maguire.
Nays: 0
Abstain: Drotning
Chair Davis asked staff to address the public comments.
Mr. Dempsey stated that the tree preservation plan was prepar by a forester.
There are a lot of trees that are less than six inches in diameter on this property that
are not listed on the plan because they are not significant trees. Only the significant
trees have been identified on the plan as reginred, : by the Subdivision Ordinance.
He indicated that given the amount of fill that 41, be required to make these lots
buildable, only the perimeter trees,can-be;saved.
Mr. Remus addressed the questions regarding; how.the fill will be contained on the
three lots. He indicate& that City staff : will inspect' the property prior to the
developer importing any fill material. MRemus was not sure if the fill would be
brought in on a lot by lot basis:Jor if they bring it in all at once. As far as
retaining walls, there is only,one small retaining wall proposed and that would be
adjacent to 11!Ir. Ahlman's property''''stikt,46 north side of proposed Lot 1. The
retaining "`_ivall:is.`.not proposed to contain the fill, but rather to break the grade
difference between' the two'properties.
Mr. Moray stated that for approximately 15 years it has been City policy to process
r. .
preliminary and final plats simultaneously, especially in the case of smaller plats
with fewer 16
Planning Commission Meeting
February 16, 2012
Page 5
Mr. Johnson stated he had not heard that storm water problems have become worse
in Kenwood Oaks since Kent 46 was developed. Ms. Marshik was asked to come
forward again and explain her perception of the storm water problems. She
indicated that there are homes that were not having storm water problems prior to
the Kent 46 development that are now getting water seeping up from the ground.
A control unit was put into the pond on Outlot A to help control the storm water,
but that did not alleviate the problem.
Chair Davis stated that the Planning Commission is an advisory board to the City
Council and their job is to determine if a plat is consistent with the Zoning and
Planning Commission Meeting
February 16, 2012
Page 6
Subdivision Ordinances. The issues concerning home values, property taxes, and
who the builder is are beyond the Planning Commission's purview. Chair Davis
did encourage the neighbors to keep in touch with the developer and builder and
the City throughout the process.
Regarding the types of homes that are proposed to be built with this development,
Mr. Remus indicated that there are no specific plans at this time.
Chair Davis asked for comments from the Planning Commission. Discussion points
were:
• The groundwater issue was discussed. Mr. Johnson indicated that this is the
first he's heard of a problem, but he wou id be glad to meet With the residents
to discuss the issue further.
• The amount of fill being brought iriwas discussed. Mr. Remus,was not sure
of the exact amount of fill needed.
• It was stated that the proposed homes Must meet Zoning Ordinance
requirements. Mr. Morey irdicated that tle'Zoning Ordinance requires the
site plan for new single family tome building permits show the location of a
three -car garage even if the builder" does not iimtend to build one to ensure
that there is enough room on the lot for a three car garage meeting setback
requirements.. ' ='`''`'`''
• Mr. Boerschel ,asked about the City requirements for tree preservation. Mr.
Dempsey stated that the Subdivision Ordinance requires the developer to
identify all significant :Frees ;within the: property boundaries and identify the
significant trees that will be' ' saii6 �:_ City staff reviews the tree preservation
plan a delermme if additional significant trees can be saved.
Discussion regarding t1e„repercussions if significant trees located outside the
.''plat boundaries are damaged with the development of the plat. Mr. Johnson
stated that tree protection fencing would be installed and inspected by the
City:';, - : If there were any trees outside the plat that were damaged by the
developer,, it would be settled by the private property owners. If, as in this
case, the City, owns the property outside the plat, the City would monitor the
development and it would be up to the City to notify the developer /builder
of any tree damage on the City's property. Mr. Morey stated that if trees are
damaged, two to one tree replacement would be required.
• Mr. Johnson indicated that erosion control measures, including silt fencing, is
reviewed on a case -by -case situation.
• Mr. Dempsey stated that the boundaries of Outlot A are identified by
conservation area posts.
• Mr. Lillehei indicated that the residents did not have the best experience
with the Kenwood Oaks developers. The residents are sensitive to erosion
and don't want any more erosion problems caused by the Kenora Way
development. It was made clear that the developer must contain all of the
soil on his property.
• The Planning Commission clarified that the City does not enforce private
covenants.
• Mr. Remus explained that a typical grading scenario would be for the
developer to establish erosion control, clear the trees /brush, then bring in
and stabilize the fill at a maximum slope of three to one. Construction of
homes on the lots would follow. He stated there is no need for retaining
walls because they can achieve three to one slopes at the rear of the three
proposed single family lots.
• Commissioner Blee asked if the Planning, Commission could encourage the
planting of additional trees. Mr. Morey stated the requirement of at least
two trees per single family lot. Typically homeowners add landscaping that
suits their needs and tastes foli'owing the.. ,completion `of. the house
construction activities. Requiring the developer to install additional trees on
the lots prior to house construction could-,.be detrimental due to the trees
being in the way of construction equipment.
12.10 Motion was made and seconded t o recommend to City,, Council approval of the
Kenora Ridge preliminary ; and final plat subject to the following 4 stipulations:
1. The recommendations listed in tie,., Engineering Department memorandum
dated February 9, 2012..-
2. The recommendation ` =bf:=' the
Committee.
3. . „inikurnurn.of two trees shall be planted on each lot that does not have at
east two savect trees°'Trees to be installed shall meet the size and species
'requirements of t he Zoning Ordinance.
4. All:homes shall meet the following minimum setback requirements of the
RS-3;. .Single Family Residential zoning District:
Front Yard;` - 30 feet
Side Xard10 feet
Rear Yard - 30 feet
Ayes: Davis, Blee, Grenz, Boerschel, Maguire, Lillehei.
Nays: 0
Abstain: Drotning
ITEM 8. CRESCENT RIDGE THIRD ADDITION
Planning Commission Meeting
February 16, 2012
Page 7
Parks, Recreation and Natural Resources
Chair Davis opened the public hearing to consider the application of Shamrock
Development for the preliminary plat of 111 single family lots to be known as
CITY OF LAKEVILLE
PARKS, RECREATION & NATURAL RESOURCES COMMITTEE
Meeting Minutes for February 15, 2012
ITEM 1 Call to order
Meeting was called to order at 6:00 p.m.
ITEM 2 Roll call of members
Present: Judy Hayes, Scott Kelly, Howard Lovelace, Jeanne Peterson, Bob Swan
Absent: Matt Dinslage, Tom Goodwin, Jerry Zell
Staff Present: Parks & Recreation Director Steve Michaud, Environmental Resources Manager
Mac Cafferty, Recording Secretary Patty Ruedy
ITEM 3 Approval of February 1, 2012 meeting minutes
The Parks, Recreation & Natural Resources Committee meeting minutes were approved as presented.
ITEM 4 Citizen comments
There were no citizens present.
DRAFT
ITEM 5 Staff Report
Staff is working on finalizing bids and specifications for Heritage Center project. It will be presented to
Council on February 21, with a bid opening tentatively scheduled in March.
ITEM 6 Kenora Ridge preliminary and final plat
The Kenora Ridge plat consists of three single - family home lots located on Kenora Way, east of 163
Street, south of 162 Street and west of Kent Trail. The property is approximately .79 acres and is
zoned RS -3 Single - Family Residential. Park dedication fees were previously satisfied for Outlot B, Kent
46. As such, no park dedication requirements are due. There are no sidewalks existing on Kenora, nor
will there be a requirement for sidewalks on these lots.
(12.01) Motion made by Peterson, seconded by Lovelace to recommend City Council consider
approval of Kenora Ridge preliminary and final plat with no park dedication requirements due.
The developer is required to follow other recommendations outlined in the Planning and Engineering
reports as they pertain to this plat. The developer is also required to follow the natural resources
requirement detailed in the Planning and Engineering reports associated with tree preservation,
grading, drainage, and erosion control and further recommendations by the Dakota County Soil and
Water Conservation District, if applicable.
Ayes -5 Nays -0
ITEM 7 Crescent Ridge Third Addition preliminary plat
The Crescent Ridge plat is located north of 195 Street, east of Holyoke Avenue and south of 190
Street. Crescent Ridge Third Addition consists of 111 single - family lots on 47.62 acres. Review of the
2006 Parks & Open Space System Plan indicates no park land dedication identified in this area. The
System Plan identifies a neighborhood park south and east of this area.
(12.02) Motion made by Kelly, seconded by Hayes to recommend City Council consider
approval of Crescent Ridge Third Addition preliminary plat with developer being required to pay a
park dedication fee at the current rate at the time of final plat approval. In addition to the park
dedication fee, a future 10' wide asphalt trail will be constructed along both sides of Holyoke Avenue
when it is upgraded to a parkway. A future trail will be constructed on the south side of 190 Street
when it is upgraded. The developer will be required to post a cash escrow of 5/8 of the cost of the
Memorandum
To: Planning Commission
From: - Frank Dempsey, AICP, Associate Planner
Date: February 10, 2012
Subject: Packet Material for the February 16, 2012 Planning Commission Meeting
(Revised February 21, 2012)
Agenda
Item: Kenora Ridge Preliminary and Final Plat
Application Action Deadline: May 3, 2012
INTRODUCTION
City of Lakeville
Planning Department
Applications for preliminary and final plat have been submitted by representatives of
Kenyon Holdings, LLC for the development of three single family lots located on Kenora
Way, east of 163 Street, south of 162 Street and west of Kent Trail. The property is
0.79 acres and is zoned RS -3, Single Family Residential.
The plans have been distributed to the Engineering Department, Parks, Recreation
and Natural Resources Committee and the Department of Natural Resources.
EXHIBITS
A. Zoning and Location Map
B. Aerial Photo
C. Kent 46, Oultot B Sketch Layout
D. Preliminary Plat Title Sheet
E. Existing Conditions Plan
F. Preliminary Plat
G. Preliminary and Final Grading, Drainage and Erosion Control Plan
H. Preliminary and Final Utility Plan
I. Tree Preservation Plan
J. Final Plat
PLANNING ANALYSIS
PRELIMINARY AND FINAL PLAT
Existing Conditions. The property is a 0.79 acre outlot final platted in 2007 as Outlot
B, Kent 46. The property includes topography sloping from west to east in addition to
mature overstory deciduous trees. The property lies adjacent to Kenora Way which
was constructed in the mid 1990's as part of the Kenwood Oaks development.
Sketch Layout of Outlot B. The preliminary plat of Kent 46 included a conceptual
sketch layout of the subject property for three single family residential lots. The
property at that time was final platted as Outlot B, Kent 46 which requires a separate
preliminary and final plat in order to create the proposed three lots. The Kenora
Ridge preliminary and final plat are consistent with the Kent 46 preliminary plat
sketch plan (Exhibit C).
Adjacent Land Uses.
North: Single family homes (RS -3 District)
South: Outlot A, Kent 46 and single family homes (P /OS District and RS -3
District)
East: Outlot A, Kent 46 (P /OS District)
West: Kenora Way and single family homes (RS -3 District)
Comprehensive Plan. The property is located in Planning District No. 1 of the 2030
Land Use Plan. The property is partly guided Restricted Development. The Restricted
Development category of the Comprehensive Plan includes parcels of land for which
development of urban uses is limited and may include land with steep slopes,
wetlands, permanent open space or publicly owned lands.
Zoning. The property is zoned RS -3, Single Family Residential District and is located in
the Shoreland Overlay District of Lee Lake. The public hearing notice and a copy of
the preliminary and final plat were sent to the Department of Natural Resources as
required by the Zoning Ordinance. The DNR has offered no comments to the
proposed applications.
Density. The gross and net density of the Kenora Ridge preliminary and final plat is
3.79 units per acre consistent with the low density residential designation of the
Comprehensive Land Use Plan.
MUSA. The Kenora Ridge preliminary and final plat is located within the current
Metropolitan Urban Service Area (MUSA).
2
Premature Subdivision Criteria. A preliminary and final plat may be deemed
premature if any of the criteria listed in Chapter 10 -2 -4 -1 of the Subdivision
Ordinance exist. Eligible criteria pertain to a lack of adequate: drainage, water,
streets, sanitary sewer, and public service capacity (police and fire protection). The
other pertinent criteria pertain to inconsistencies with the City Comprehensive Land
Use and Capital Improvement Plans. Staff review of the Kenora Ridge preliminary
and final plat against these criteria finds that it is not a premature subdivision.
Lot Requirements. The minimum lot size for a lot in the RS -3, Single Family
Residential District is 11,000 square feet with a minimum lot width of 85 feet. The
three proposed Tots meet the requirements of the RS -3 District.
Setbacks. The proposed Kenora Ridge preliminary and final plat meets the RS -3
District setback requirements, as follows:
Front Yard — 30 feet
Side Yards — 10 feet
Rear Yard — 30 feet
Streets. The subject site abuts Kenora Way to the west. Kenora Way is a 32 fppt
wide local street. No street improvements are required with the proposed
preliminary and final plat.
Sidewalk. There is no sidewalk located on Kenora Way. Sidewalk will not be
constructed with the Kenora Ridge preliminary and final plat.
Grading, Drainage and Utility Plans. The developer has submitted plans for
grading, drainage, erosion control and utilities related to development of the three
lots. The plans have been reviewed by the Engineering Department and they
recommend approval. A copy of the memorandum prepared by Mark Duchene,
Development Design Engineer and Mac Cafferty, Environmental Resources
Coordinator and dated February 9, 2012 is attached.
Tree Preservation. The tree preservation plan identifies 48 significant trees within
the preliminary and final plat. Of these 48 significant trees, two are dead or
damaged and five are identified to be saved resulting in a save ratio of 10.8 %. The
existing topography of the property makes tree preservation challenging given the
amount of grading required for the construction of homes on the three lots. A
minimum of two trees shall be planted on each lot without at least two save trees.
Outlots. There are no outlots included with the Kenora Ridge preliminary and final
plat.
3
Park Dedication. No land dedication is identified in the Park and Open Space Plan
for this area and no land dedication is proposed with the Kenora Ridge preliminary
and final plat. The payment of park dedication for Outlot B, Kent 46 was satisfied
with the final plat of Kent 46. The Parks, Recreation and Natural Resources
Committee will review the Kenora Ridge preliminary and final plat at their February
15, 2012 meeting. Their comments will be forwarded to the Planning Commission at
the public hearing.
RECOMMENDATION
The Kenora Ridge preliminary and final plat are consistent with the requirements of
the Zoning and Subdivision Ordinances. City staff recommends approval of the
preliminary and final plat subject to the following stipulations:
1. The recommendations listed in the Engineering Department memorandum
dated February 9, 2012.
2. The recommendations of the Parks, Recreation and Natural Resources
Committee.
3. A minimum of two trees shall be planted on each lot that does not have at
least two saved trees. Trees to be installed shall meet the size and species
requirements of the Zoning Ordinance.
4. All homes shall meet the following minimum setback requirements of the RS -3,
Single Family Residential Zoning District:
Front Yard — 30 feet
Side Yard — 10 feet
Rear Yard — 30 feet
cc: Keith Sperbeck, Kenyon Holdings, LLC
Chris Remus, James R. Hill, Inc.
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EXHIBIT B
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KENT 46
PRELIMINARreRAISZ DRAINAG E,
At EROSION CONTROL PLAN
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KENORA RIDGE
LPXEMLLE, MINNESOTA
TITLE SHEET
FOR
KENYON HOLDINGS, LLC.
18233 NENYON AMAX. SUITE 210. LAKEVILE, 101 55044
� James R. Hill, Inc.
PLANNERS / ENGINEERS / SURV
2500 W CV 88 42, 5ww 120. 8MNSw1E MN 55737
PH0NE. (952)850 -6014 FAIL (952)890 -6244
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KENORA RIDGE
LANENLLE, MINNESOTA
EXISTING CONDITIONS
FOR
KENYON HOLDINGS, LLC.
16233 KENYON AVENUE SURE 210, U0ENLLE, MN 55044
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PLANNERS / ENGINEERS / SURVEYORS
2500 W Cr( Ro 42 5M16 120. Roma. NN 55337
PHONE (952)590 -6014 FAX (952)990 -6244
40922
KENORA RIDGE
LAKEVILLE. MR4NESOIA
PRELIMARY PLAT
FOR
KENYON HOLDINGS, LLD.
16233 KENYON AVENUE. SUITE 210. LAKEVILLE. MN 55044
James R. Hill, Inc.
PLANNERS / ENGINEERS / SURVEYORS
2500 W. Cr, 622 42. Swrt 125 Boma, MN 55337
94401E (952)890-6044 Fut (952)890-6244
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KENORA RIDGE
W(ENLLE. MMNESOTA
PRELIMINARYJFINAL GRADING &
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James R. i#ill, Inc.
PLANNERS / ENGINEERS / SURVEYORS
2500 W M R. 42, Sum 120. 446604 a MN 55337
PHONE. (952)890 -6044 FAR (952)890 -6244
22249 -10U awa - 1/25/2012 02 4405
KENO RA RIDGE
LAKEVILLE. MINNESOTA
PRELIMINARY /FINAL UTILITY PLAN
FOR
KENYON HOLDINGS, LLC.
16233 KENYON AYENI E, SUITE 210, LAKEVILLE. MN 55014
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EXHIBIT H
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James R. Hill, Inc.
PLANNERS / ENGINEERS / SURVEYORS
2500 M. 01 Ro 42. 56. 124 Boom.. MN 55337
NIONE (952)6044 FAX (952)890 -6244
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KENO RA RIDGE
LAKEMLLE MINNESOTA
TREE INVENTORY PLAN
FOR
KENYON HOLDINGS, LLC.
18233 KENYON AVENUE SUITE 210, IJOEVILLE. MN 55044
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James R. Hill, Inc.
PLANNERS / ENGINEERS / SURVEYORS
2500 W 05 90 47, Sum 120, 9 NH 55337
PHONE (952)990 -6044 FAX (952)990 -6244
Memorandum
To: Frank Dempsey, Associate Planner
From: Mark DuChene, Development/Design Engineer
McKenzie L. Cafferty, Environmental Resources Manager
Copy: Zach Johnson, Interim City Engineer
Dennis Feller, Finance Director
Gene Abbott, Building Official
Steve Michaud, Parks and Recreation Director
Date: February 9, 2012 Revised February 21, 2012
Subject: Kenora Ridge
• Preliminary Plat Review
• Final Plat Review
• Grading & Erosion Control Plan Review
• Utility Plan Review
• Tree Preservation Plan
BACKGROUND
Kenyon Holdings, LLC has submitted a preliminary and final plat named Kenora
Ridge. The parent parcel, Outlot B, was previously preliminary platted as an outlot
as part of Kent 46 and is zoned RS -3, Single Family Residential District. The
proposed residential subdivision is located east of and adjacent to Kenora Way,
south of 162nd Street (CSAH 46) and west of Kent Trail.
The final plat consists of three single - family lots on 0.79 acres.
Development of the site includes the adjustment of sanitary sewer and water
services and mass grading of the lots.
The proposed subdivision will be completed by:
Developer: Kenyon Holdings, LLC
Engineer: James R. Hill, Inc.
City of Lakeville
Engineering
KENORA RIDGE
FEBRUARY 9, 2012
PAGE 2OF6
SITE CONDITIONS
Kenora Ridge is located on land with sloping terrain. The site slopes from the
northwest to the southeast and is heavily wooded. A wetland complex and
mitigation area borders the eastern plat boundary.
STREET AND SUBDIVISION LAYOUT
Kenora Ridge is located adjacent to transportation facilities under the control of the
City of Lakeville. Kenora Way is adjacent to the proposed development and the lots
will be served off it.
Kenora Way
Kenora Way is an existing 32 -foot wide local roadway within a 60 -foot wide right -of-
way. No road improvements are planned with this development.
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility and home construction
shall be from Kenora Way via 163 Street. Construction traffic shall not access
Kenora Way from Kent Trail.
PARKS AND TRAILS
There are no proposed trail or sidewalk improvements planned with the proposed
development.
The Park Dedication Fee has been satisfied with the Kent 46 plat.
UTILITIES
SANITARY SEWER
Kenora Ridge is located within subdistrict OL -51300 of the Orchard Lake sanitary
sewer district as identified in the City's Comprehensive Sewer Plan. Wastewater
will be conveyed via existing trunk sanitary sewer to the MCES Lakeville /Farmington
Interceptor and continue to the Empire Wastewater Treatment Facility. The
downstream facilities have sufficient capacity to serve the proposed residential
subdivision.
Development of Kenora Ridge includes the relocation of sanitary sewer services that
were constructed with the adjacent Kenwood Oaks subdivision to accommodate the
Kenora Ridge plat.
KENORA RIDGE
FEBRUARY 9, 2012
PAGE 3 OF 6
The proposed sanitary sewer layout is in accordance with the City's Comprehensive
Sanitary Sewer Plan. Final locations and sizes of all sanitary sewer will be reviewed
by City Staff with the final construction plans.
The trunk sanitary sewer area charge was previously assessed and is closed.
WATERMAIN
The proposed watermain layout is in accordance with the City's Comprehensive
Water Plan. Final locations and sizes of all watermain facilities will be reviewed by
City Staff with the final construction plans.
DRAINAGE AND GRADING
Kenora Ridge is located within subdistrict CL -12 of the Crystal Lake drainage district
as identified in the City's Water Resources Management Plan. Runoff from Kenora
Ridge will flow overland to the existing wetland and into the stormwater basin
located at the southeast corner of the site, which was constructed as part of the
Kent 46 development. The stormwater basin was designed to treat the runoff from
Kenora Ridge.
The final grading plan must identify all fill lots in which the building footings will be
placed on fill material. The grading specifications must also indicate that all
embankments meet FHA /HUD 79G specifications. The developer must certify to the
City that all lots with footings placed on fill material are appropriately constructed.
Building permits for Kenora Ridge shall not be issued until a certified grading plan
has been submitted and approved.
RETAINING WALLS
Development of Kenora Ridge includes the construction of one boulder retaining
wall. The wall will be located within Lot 1, Block 1, outside the established drainage
and utility easement, and will be privately -owned and maintained by the
homeowner. The retaining wall proposed varies in height between 0 and 3.5 feet.
STORM SEWER
Development of Kenora Ridge does not include the construction of any public storm
sewer improvements.
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.
KENORA RIDGE
FEBRUARY 9, 2012
PAGE4OF6
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel
and shall be paid in cash at the time of final plat approval. The Trunk Storm Sewer
Area Charge is calculated as follows:
34,600 s.f. x $0.167/s.f. = $ 5,778.20
Gross Area of Kenora Area Charge Total
Ridge
Kenora Ridge is also subject to the Crystal Lake Surcharge and must be paid in cash
at the time of final plat approval. The Crystal Lake Surcharge is calculated as
follows:
WETLANDS
34,600 s.f. x $0.0126/s.f. = $ 435.96
Gross Area of Kenora Area Charge Total
Ridge
There are no wetland impacts associated with the Kenora Ridge subdivision. All
wetland and buffers were placed in a City outlot with the development of Kent 46.
TREE PRESERVATION
A tree preservation plan was submitted for Kenora Ridge. The tree preservation plan
identifies 48 significant trees within the Kenora Ridge development. The tree
preservation plan identifies 5 (10.8 %) of the significant trees will be saved. The
tree preservation plan satisfies City requirements. All "save" trees that are damaged
or removed will require replacement at a ratio of 2:1 as per the Lakeville Subdivision
Ordinance.
The Developer is required to post security for tree preservation on an individual lot
basis for each lot containing a "save" significant tree. The security is $1,500 for
each lot with a "save" significant tree and $1,000 for each outlot with a "save"
significant tree and is calculated as follows:
Block 1: Lots 1 & 3 2 Lots @ $1,500.00 $3,000.00
Total $3,000.00
EROSION CONTROL
An erosion control plan has been submitted and includes the following:
• A single gravel construction entrance is indicated on the erosion control
notes.
• A seed /mulch specification that meets City requirements.
KENORA RIDGE
FEBRUARY 9, 2012
PAGE 5 OF 6
• All 3:1 slopes seeded and stabilized with fiber blanket.
• Inlet protection is included in the plans. Wimco Road Drain or equivalent will
be used on all street catch basins and Royal Infra -safe or equivalent will be
used for all rear lot catch basins.
• The NPDES requirements are included in the plan set.
Additional erosion control measures may be required during construction as deemed
necessary by City staff or the Dakota County Soil and Water Conservation District.
Additional measures shall be installed and maintained by the developer. The streets
must be cleared of debris at the end of each day. Street sweeping must be done
weekly or more often as needed. All streets must be maintained to provide safe
driving conditions. Heavy -duty silt fence must be installed and maintained along all
wetland boundaries.
SECURITIES
The developer shall provide a cash deposit or Letter of Credit as security for the
developer - installed improvements relating to the Kenora Ridge development. The
construction costs are based upon estimates submitted by the Developer's Engineer
on January 23, 2012.
CONSTRUCTION COSTS
Sanitary Sewer
Erosion Control and Grading Certification
Retaining Walls
SUBTOTAL - CONSTRUCTION COSTS
OTHER COSTS
Developer's Design (6.0 %)
Developer's Construction Survey (2.5 %)
City's Legal Expense (0.5 %)
City Construction Observation (7.0 %)
Developer's Record Drawing (0.5 %)
Lot Corners
Tree Preservation
SUBTOTAL - OTHER COSTS
$ 3,150.00
22,652.25
2,275.00
$ 28,077.25
$ 1,684.64
701.93
140.39
1,965.41
140.39
300.00
3,000.00
$ 7,932.76
TOTAL PROJECT SECURITIES $ 36,010.01
The Developer shall post a security to insure 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 $300.00. The City shall hold this security until the Developer's Land
Surveyor certifies that all irons have been placed following site grading and utility
construction.
KENORA RIDGE
FEBRUARY 9, 2012
PAGE 6 OF 6
CASH FEES
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:
3 units x $7.65 /unit /qtr. x 4 qtrs. = $91.80
Dwelling Units Streetlight Operating Fee Total
A cash fee for one -year of surface water management expenses shall be paid at the
time of final plat approval and is calculated as follows:
3 units
Dwelling Units
x $7.00 /unit /qtr. x 4 qtrs. = $84.00
Surface Water 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:
3 units x $75.00 /unit = $225.00
No. of lots and 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 either a .dwg file (AutoCAD) or a .dxf file.
The Developer shall also pay a cash fee for City Engineering Administration. The
Developer has elected to provide a Letter of Credit as security for the Developer -
installed improvements. The fee for City Engineering Administration will be based
on three percent (3.00 %) of the estimated construction cost, or $842.32.
RECOMMENDATION
CASH REQUIREMENTS
Trunk Storm Sewer Area Charge
Crystal Lake Surcharge
Streetlight Operating Fee
Surface Water Management Fee
City Base Map Updating Fee
City Engineering Administration (3.00 %)
TOTAL CASH REQUIREMENT
5,778.20
435.96
91.80
84.00
225.00
842.32
$7457.28
Engineering recommends approval of the preliminary plat, final plat, grading and
erosion control plan, utility plan, and tree preservation plan for Kenora Ridge,
subject to the comments within this report.