HomeMy WebLinkAboutItem 08a a
August 30, 2012
THE HAVEN AT HIGHVIEW
SEPTEMBER 4, 2012 CITY COUNCIL MEETING
Adoption of this motion will allow the development of 33 single family residential Tots.
Item No.
Proposed Action
Staff recommends adoption of the following motion: Move to approve: a) an ordinance rezoning property
from RS -2 to RS -3 and adoption of findings of fact, and b) a resolution approving the preliminary and final
plat of The Haven at Highview.
Overview
Youngfield Homes has submitted applications and plans for the preliminary and final plat of 33 single
family lots to be known as The Haven at Highview. The property is located west of Highview Avenue
and north of Homestead Trail at 172n Street. In conjunction with the preliminary and final plat,
Youngfield Homes has submitted an application to rezone the property from RS -2 to RS -3.
The Planning Commission held a public hearing for the preliminary plat and rezoning at their July 19,
2012 meeting and recommended approval. There was no public comment. The preliminary plat was
also reviewed and recommended for approval by the Parks, Recreation and Natural Resources
Committee at their July 18, 2012 meeting. Staff also recommends approval. The landscape plan has
been revised to address stipulation No. 10 as recommended by the Planning Commission.
Primary Issues to Consider
Is the rezoning from RS -2, Single Family Residential District to RS -3, Single Family Residential District
consistent with the Comprehensive Plan and other properties in the vicinity? The proposed rezoning is
consistent with the low density residential land use identified in the Comprehensive Plan and with the RS -3,
Single Family Residential District developments located to the south and east of The Haven at Highview.
Supporting Information
• Ordinance rezoning the property.
• Resolution approving the preliminary and final plat.
• Findings of Fact.
• Signed development contract and Warranty Deed for Outlots A and B.
• Meeting Minutes of the July 19, 2012 Planning Commission.
• Meeting Minutes of the July 18, 2012 Parks, Recreation and Natural Resources Committee
• Planning and engineering reports for the preliminary and final plats.
7 A 0.4,47..,
Frank Dempsey, AICP, Associate (anner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances and Comprehensive Plan
Notes:
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 11 OF THE CITY CODE, THE ZONING
ORDINANCE TO REZONE PROPERTY FROM RS -2 TO RS -3 IN CONJUNCTION WITH
THE HAVEN AT HIGHVIEW PLAT
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Legal Description. Title 11 of the Lakeville City Code, the Zoning Ordinance, is
hereby amended to rezone the following described property located within the City of
Lakeville, Dakota County, Minnesota from RS -2, Single Family Residential District to RS -3, Single
Family Residential District:
(SEE ATTACHED EXHIBIT A)
Section 2. Zoning Map. The zoning map of the City of Lakeville, adopted by Section 11 -45 -5
of the City Code, shall not be republished to show the aforesaid rezoning, but the City Clerk
shall appropriately mark the zoning map on file in the City Clerk's office for the purpose of
indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations,
references and other information shown thereon are hereby incorporated by reference and
made part of this Ordinance.
Section 3. Effective Date. This ordinance shall be effective upon its passage by the City
Council and recording of The Haven at Highview final plat with Dakota County.
Adopted by the Lakeville City Council this 4 th day of September, 2012.
ATTEST:
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
Parcel 1:
EXHIBIT A
That part of the West Half (W 1/2) of the Northeast Quarter (NE %) of the Northeast
Quarter (NE 1/4) of Section Eight (8), Township One Hundred Fourteen (114), Range
Twenty (20), Dakota County, Minnesota, described as follows:
Beginning at the Southeast corner of the said West Half (W 'h) of the Northeast Quarter
(NE '1/4) of the Northeast Quarter (NE IA); thence Northerly, along the East line of the said
West Half (W 1/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), 902.07
feet, more or Tess, to a point 45.70 feet North of the South line of the North 7 /10ths of
the Northeast Quarter (NE 1 /4) of the Northeast Quarter (NE 1/4) of the Northeast Quarter
(NE 1 /4) of said Section Eight (8); thence Westerly, perpendicular to the East line of the
Northeast Quarter (NE 1/4) of said Section Eight (8), a distance of 470.94 feet; thence
Southerly, parallel with the East line of the Northeast Quarter (NE %) of said Section
Eight (8), a distance of 893.05 feet, more or Tess, to the South line of the said West Half
(W 1/2) of Northeast Quarter (NE 1 /4) of the Northeast Quarter (NE'/a); thence Easterly,
along said South line, 471.39 feet, more or less, to the point of beginning, except the
South 1 rod thereof, according to the Government Survey thereof.
Parcel 2:
The East Half (E 'h) of the Northeast Quarter of the Northeast Quarter of Section 8,
Township 114, Range 20, Dakota County, Minnesota, except the North 7 /10ths of the
Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 8,
Township 114, Range 20, and except the South 7 /10ths of the Southeast Quarter of the
Northeast Quarter of the Northeast Quarter of Section 8, Township 114, Range 20.
Parcel 3:
The South 7 /10 the Southeast Quarter of the Northeast Quarter of the Northeast
Quarter of Section 8, Township 114, Range 20, Dakota County, Minnesota.
r ■
DATED this 4th day of September 2012
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING HAVEN AT HIGHVIEW
PRELIMINARY AND FINAL PLAT
WHEREAS, the owner of the property described as HAVEN AT HIGHVIEW has requested
preliminary and final plat approval; and
WHEREAS, the preliminary 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 HAVEN AT HIGHVIEW 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.
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
CITY OF LAKEVILLE )
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
CITY OF LAKEVILLE
Mark Bellows, Mayor
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 4 day of September 2012 as shown by the
minutes of said meeting in my possession.
Charlene Friedges
City Clerk
(SEAL)
i
Parcel 1:
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
THE HAVEN AT HIGHVIEW REZONING
FINDINGS OF FACT
On July 19, 2012 the Lakeville Planning Commission met to consider the application of
Youngfield Homes, Inc. for a rezoning of property from RS -2, Single Family Residential
District to RS -3, Single Family Residential District. The rezoning request was
considered in conjunction with the preliminary plat of The Haven at Highview. The
Planning Commission conducted a public hearing on the proposed rezoning preceded
by published and mailed notice. The applicant was present and the Planning
Commission heard testimony from all interested parties wishing to speak. The City
Council hereby adopts the following:
FINDINGS OF FACT
1. The property is currently zoned RS -2, Single Family Residential District. The
property is proposed to be rezoned to RS -3, Single Family Residential District.
2. The property is located in Planning District No. 2 of the Comprehensive Land Use
Plan which supports the construction of single family homes on the subject
property.
3. The legal description of the property to be rezoned is:
That part of the West Half (W 1/2) of the Northeast Quarter (NE 1 /4) of the
Northeast Quarter (NE 1 /4) of Section Eight (8), Township One Hundred Fourteen
(114), Range Twenty (20), Dakota County, Minnesota, described as follows:
Beginning at the Southeast corner of the said West Half (W 1/2) of the Northeast
Quarter (NE 1 /4) of the Northeast Quarter (NE 1 /4); thence Northerly, along the
East line of the said West Half (W 1/2) of the Northeast Quarter (NE 1 /4) of the
Northeast Quarter (NE 1 /4), 902.07 feet, more or less, to a point 45.70 feet North
of the South line of the North 7 /10ths of the Northeast Quarter (NE %) of the
Northeast Quarter (NE') of the Northeast Quarter (NE 1 /4) of said Section Eight
(8); thence Westerly, perpendicular to the East line of the Northeast Quarter (NE
1 /4) of said Section Eight (8), a distance of 470.94 feet; thence Southerly, parallel
with the East line of the Northeast Quarter (NE %) of said Section Eight (8), a
distance of 893.05 feet, more or less, to the South line of the said West Half (W
') of Northeast Quarter (NE 1 /4) of the Northeast Quarter (NE 1/4); thence
Easterly, along said South line, 471.39 feet, more or less, to the point of
beginning, except the South 1 rod thereof, according to the Government
Survey thereof.
Parcel 2:
The East Half (E 1/2) of the Northeast Quarter of the Northeast Quarter of Section
8, Township 114, Range 20, Dakota County, Minnesota, except the North
7 /10ths of the Northeast Quarter of the Northeast Quarter of the Northeast
Quarter of Section 8, Township 114, Range 20, and except the South 7 /10ths of
the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of
Section 8, Township 114, Range 20.
Parcel 3:
The South 7 /10 the Southeast Quarter of the Northeast Quarter of the
Northeast Quarter of Section 8, Township 114, Range 20, Dakota County,
Minnesota.
4. Section 11 -3 -3.E of the Zoning Ordinance directs the Planning Commission to
consider five effects of the proposed rezoning. The five effects and our findings
regarding them are:
a) The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
official City Comprehensive Plan.
The 2030 Land Use Plan currently guides the property for low density residential
development. The proposed rezoning will not change the land use designation of the
property and will remain consistent with the Comprehensive Plan.
b) The proposed use will be compatible with present and future land uses
of the area.
The development of The Haven at Highview for RS -3 District single family lots will
be compatible with the adjacent single family neighborhoods.
c) The proposed use conforms with all performance standards
contained in the Zoning Ordinance.
The Haven at Highview preliminary plat conforms with Zoning and Subdivision
Ordinance requirements.
d) The proposed use can be accommodated with existing public
services and will not overburden the City's service capacity.
The Haven at Highview single family residential development can be
accommodated with existing and proposed public services and will not overburden
the City's service capacity.
e) Traffic generation by the proposed use is within capabilities of
streets serving the property.
Traffic generated by The Haven at Highview single family residential development
can be accommodated by the existing streets serving the property.
5. The planning report, dated July 13, 2012 prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: September 4, 2012
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
THE HA VENAT HIGHVIEW
CONTRACT dated , 2012, by and between the CITY OF LAKEVILLE, a
Minnesota municipal corporation ( "City "), and YOUNGFIELD HOMES, INC., a Minnesota corporation (the
"Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for
The Haven at Highview (referred to in this Contract as the "plat "). The land is situated in the County of
Dakota, State of Minnesota, and is legally described on Exhibit A attached hereto and made a part hereof
by reference.
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
has been received by the City, and 3) the necessary insurance for the Developer and its construction
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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 Tots and blocks. Such charges will be calculated and imposed when the outlots are final
platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat, the
preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots
and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to
the full extent permitted by state law, the City may require compliance with any amendments to the City's
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans
may be prepared, subject to the City Engineer's approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
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Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the
City Code concerning erosion and drainage and Section 4 -1-4 -2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
engineer to the City for approval by the City Engineer. The Developer shall instruct its 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
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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 505.02, 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. AU 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, 2013, 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
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
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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.
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
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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.
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 AREA CHARGE. Development of The Haven at Highview includes public
storm sewer construction. 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 basins
within Outlots A and B.
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at the time of final plat approval. The trunk storm sewer area charge is calculated as follows:
Development of The Haven at Highview includes the construction of two public stormwater basins and a
public filtration basin to collect and treat the stormwater runoff generated in the development. The
stormwater basins and filtration basin will provide water quality treatment, skimming and rate control of the
stormwater runoff generated within The Haven at Highview subdivision. The public basins will be located
within Outlots A and B to be deeded to the City with the final plat.
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots A
and B to the City, consistent with City policy. The $46,310.00 credit is based on the area of Outlots A and
B, and is calculated at the rate of $5,500.00 per acre, and will be applied to The Haven at Highview final
plat cash fees.
plans.
The trunk storm sewer area charge has not been collected on the parent parcel and must be paid
Gross Area of The Haven at Highview 983,911.00 s.f.
Less Area of Highview Avenue ROW ( -) 51,283.00 s.f.
Less Area of Outlot A (Public Stormwater Basins) ( -) 326,700.00 s.f.
Less Area of Outlot B (Public Stormwater Basins) ( -) 40,253.00 s.f.
Total = 565,675.00 s.f.
565,675.00 s.f. x $0.167/s.f. = $94,467.73
Net Area of The Haven at Highview Area Charge Total
The balance due the City for Trunk Storm Sewer Area Charge for The Haven at Highview is
calculated as follows:
Trunk Storm Sewer Area Charge $ 94,467.73
Less Credit for Outlots A and B ( -) 46,310.00
Balance Due = $ 48,157.73
Final locations and sizes of all storm sewer facilities must be reviewed by City staff with the final construction
20. SANITARY SEWER AVAILABILITY CHARGE. Development of The Haven at Highview
includes the construction of public sanitary sewer. Eight inch sanitary sewer will be extended within the
subdivision from eight inch sanitary sewer located along the east side of Highview Avenue at 172 Street.
The Sanitary Sewer Area Charge has been previously collected on the parent parcels; therefore no
Sanitary Sewer Availability Charge will be collected.
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21. WATERMAIN. Development of The Haven at Highview includes the construction of public
watermain. Eight inch watermain will be extended within the subdivision from existing watermain located
within Highview Avenue right -of -way to provide water service to the Tots. The majority of the watermain will
be connected to provide a looped watermain system.
The proposed watermain layout is in accordance with the City's Comprehensive Water Plan. Final
locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City staff with the final
construction plans. The sanitary sewer and watermain connections within Highview Avenue must be
completed on the same day and on a non - student contact day to minimize disruptions to traffic. In
association with MnOPS requirements, utility hook -ups for buildings within The Haven at Highview shall not
be permitted until the as -build electronic files have been submitted and approved by City staff.
22. FUTURE UPGRADE OF HIGHVIEW AVENUE. A cash fee for the future upgrade of
Highview Avenue must be paid at the time of final plat approval. The cash fee is calculated as follows:
23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility
construction, and public street construction is restricted to the proposed 172 Street and Highview Avenue
intersection. No construction traffic shall access existing Hollyhock Avenue.
24. PARK DEDICATION, TRAILS AND SIDEWALKS. The City's Parks, Trails and Open
Space Plan does not designate any area within The Haven at Highview as future park land. Development of
The Haven at Highview includes the construction of public bituminous trails and public concrete sidewalks.
Five foot wide concrete sidewalks must be constructed along one side of all local streets within the plat,
except the cul -de -sacs.
The City's Parks, Trails and Open Space Plan identifies future eight foot wide public bituminous trails
along the west side of Highview Avenue. The Developer will construct the trail from the southern plat
boundary to 172 Street with the development construction. The Developer will be credited 3 /8ths the
construction costs, for the bituminous and aggregate base only, for the portion of trail to be constructed. The
Developer will rough -grade the trail base within the westerly right -of -way of Holyoke Avenue and pay its 518
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794.79 f.f.
Front Footage along Highview Ave.
x $72.00/f.f. = $57,224.88
Street Assessment Rate Total
9
portion of the trail costs, consistent with the Subdivision Ordinance and City policy, for the portion of the trail
from 172 Street to the northern plat boundary. The future trail will likely be constructed when Highview
Avenue is reconstructed and updated to an urban section adjacent to The Haven at Highview plat.
The Highview Avenue Trail Construction Cash Fee is calculated as follows:
$16,169.40
Total Estimated Cost for Trail
Construction along Highview
Avenue from 172 Street to
North Plat Boundary
x 5/8
Developer's Trail
Cost Portion
The Highview Avenue Trail Construction credit is calculated as follows:
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Park Dedication Fee $116,556.00
Highview Avenue Future Trail Improvements $ 10,105.90
Less Credit for Highview Ave. Trail Improvements ( -)$ 1,846.88
Balance = $124,815.02
10
= $10,105.90
Total
$4,925.00 x 3/8 = $1,846.88
Total Estimated Cost for Trail City's Trail Total
Construction along Highview Cost Portion
Avenue from South Plat Boundary
to 172 Street
The park dedication requirement has not been collected on the parent parcel and will be satisfied through a
cash contribution that must be paid at the time of final plat approval. The park dedication fee is calculated as
follows:
33 single family dwelling units x $3,532.00 /unit = $116,556.00
The balance due the City for park dedication and trail improvements is calculated as follows:
The park dedication fee must be submitted to the City prior to release of the final plat mylars.
25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for
traffic control signs in the amount of $1,800.00 must be paid at the time of final plat approval, which
includes one street and stop sign, two street and stop signs with "no outlet ", one speed limit sign, and one
"right lane must turn right" sign. If the street posts are installed in frost conditions, the Developer must pay
an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating
expenses must also be paid at the time of final plat approval and is calculated as follows:
33 dwelling units x $7.65 /unit/qtr. x 4 qtrs. = $1,009.80
26. 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:
33 dwelling units x $7.00 /unit/qtr. x 4 qtrs. = $924.00
27. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot
purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of
which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot
cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to
bug infestation or weak bark. The minimum deciduous tree size shall be two and one -half (2 %) 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 percent (50 %) will be released one year after the landscaping inspection and any warranty
work has been completed.
28. BUFFER YARD BERM /LANDSCAPE SCREEN. A buffer yard berm and landscaping
screen with a combined height of 10 feet (including a minimum earth berm height of 4 feet) must be
provided adjacent to Highview Avenue, as shown on the plans. A certified grading plan of the buffer yard
berms must be submitted and approved by City staff prior to the installation of any buffer yard plantings.
165529v2
11
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Lots 1, 2, 3 & 11, Block 3
Outlot A
Total
4 Lots @ $1,500 =
1 Outlot @ $1,000 =
12
$6,000.00
$1,000.00
$7,000.00
29. TREE PRESERVATION. The Developer must 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:
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.
30. WETLAND MITIGATION. The wetland replacement plan for The Haven at Highview was
approved on August 8, 2012. Two wetlands were delineated on the site. The wetland impacts proposed
in The Haven at Highview development consist of filling 0.49 acres of Type 1 wetland. The Developer is
scheduled to close on the purchase of the wetland banking credits after final plat approval by the City.
The Developer must post a security in the amount of the wetland bank purchase agreement which is
$30,915.00. This security shall be released after the closing of the wetland bank credit purchase.
Before the City signs the final plat, the Developer shall post a $5,700.00 security for wetland
mitigation. In addition, the City may draw down the security at any time during the warranty period if the
Developer fails to take corrective measures as directed by the City to perform the work recommended.
31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the August 22, 2012, engineering report.
B. Before the City signs the final plat, the Developer shall convey Outlots A and B to the City by
warranty deed, free and clear of any and all encumbrances.
165529v2
C. The Haven at Highview development must comply with the following building setback
requirements:
Front 30 feet
Side Interior 10 feet
Side Corner 20 feet
Rear 30 feet
Buffer (Highview Avenue) 50 feet
D. Building permit plans for all lots must show space for three garage stalls whether or not three
garage stalls are proposed with the initial construction of the house on each lot.
E. Landscaping shall be installed according to the landscape plan approved by the City Council.
F. The east side yard of Lot 1, Block 3 must be sodded to the edge of the trail to be constructed on
the west side of Highview Avenue. A $1,000.00 cash escrow must be submitted with the building
permit application to guarantee installation of the east side yard sod.
G. The Developer must submit elevation certificates for all lots adjacent to the special flood hazard
area prior to the issuance of certificate of occupancy.
H. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $3,500.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 35
Tots /outlots at $100.00 per Iot/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.
I. 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/outlot for a total charge of $2,625.00.
J. The Developer shall be responsible for the cost of street Tight 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 Tight installation consistent with the approved plan. The estimated amount of
13
this security is $7,500.00 and consists of one mast -arm street light at $1,200.00 and seven (7)
post -top street lights at $900.00 each.
K. The Developer is required to submit the final plat in electronic format. The electronic format shall
be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading,
utilities, streets) shall be in electronic format in accordance with standard City specifications. The
Developer shall also submit one complete set of reproducible construction plans on Mylar.
32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special assessments,
payment of the costs of all public improvements, and construction of all public improvements, the Developer
shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto,
from a bank ( "security ") for $1,206,321.04, plus a cash fee of $28,375.13 for City engineering administration.
The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer $ 112,395.11
B. Watermain 207,405.00
C. Storm Sewer 229,621.50
D. Street Construction 325,222.25
E. Erosion Control /Stormwater & Infiltration Basins,
Restoration, Grading Certification 71,193.75
CONSTRUCTION SUB -TOTAL $ 945,837.61
OTHER COSTS:
A. Developer's Design (6.0 %) $ 56,750.26
B. Developer's Construction Survey (2.5 %) 23,645.94
C. City Legal Expenses (Est. 0.5 %) 4,729.19
D. City Construction Observation (Est. 7.0 %) 66,208.23
E. Developer's Record Drawings (0.5 %) 4,729.19
F. Wetland Mitigation 36,615.22
G. Tree Preservation 7,000.00
H. Landscaping 49,805.00
I. Street Lights 7,500.00
J. Lot Corners /Iron Monuments 3,500.00
OTHER COSTS SUB -TOTAL $ 260,483.43
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14
165529v2
TOTAL SECURITIES: $ 1,206,321.04
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.
33. 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. Future Upgrade of Highview Avenue
B. Park Dedication Fee
C. Highview Avenue Future Trail Improvements
D. Trunk Storm Sewer Area Charge
E. Traffic Control Signs
F. Streetlight Operating Fee
G. Surface Water Management Fee
H. City Base Map Updating Fee
I. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement)
SUB -TOTAL - CASH REQUIREMENTS
15
$ 57,224.88
116,556.00
10,105.90
94,467.73
1,800.00
1,009.80
924.00
2,625.00
28 375.13
$ 313,088.44
CREDITS TO CASH REQUIREMENTS:
Highview Avenue Trail Construction
Outlots A and B (Deeded to the City)
SUB -TOTAL - CREDITS TO CASH REQUIREMENTS
16
34. 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.
35. 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.
165529v2
$ 1,846.88
46,310.00
$ 48,156.88
TOTAL CASH REQUIREMENTS $ 264,931.56
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.
36. 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 Tess 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.
37. 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.
165529v2
17
165529v2
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 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.
18
.
165529v2
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 Tess 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.
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 Tots, 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.
19
165529v2
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
20
38. 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: 22260 Dodd Boulevard, 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.
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
165529v2
(SEAL)
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
21
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
RONALD W. DAHLEN
Notary Public- Minnesota
My Commission Expires Jan 31, 2015
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651 - 452 -5000
RNK:cjh
165529v2
DEVELOPER:
YOUNGFIELD HOMES, INC.
The for�eggoing instrument was acknowledged before me this day of VS' I
2012, by JcCSe h 1 1t4 ; (l ter the f z t
Youngfield Homes, Inc., a Minnesota corporation, on behalf of said corporation.
NOTARY PUBLIC
22
STATE DEED TAX DUE HEREON: $1.65
Dated:
(Reserved for Recording Data)
WARRANTY DEED
FOR VALUABLE CONSIDERATION, YOUNGFIELD HOMES, INC., a Minnesota
corporation, Grantor, hereby conveys and warrants to the CITY OF LAKEVILLE, a Minnesota
municipal corporation, Grantee, real property in Dakota County, Minnesota, described as follows:
Outlots A and B, The Haven at Highview, Dakota County, Minnesota,
according to the recorded plat thereof.
together with all hereditaments and appurtenances belonging thereto, subject to the following
exceptions:
A. Covenants, conditions, restrictions, declarations and easements of record, if any;
B. Reservations of minerals or mineral rights by the State of Minnesota, if any;
C. Building and zoning laws, ordinances, state and federal regulations.
THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE
DESCRIBED REAL PROPERTY.
The consideration for this transfer was less than $500.00.
STATE OF MINNESOTA )
)ss.
COUNTY OF Da k�4
The foregoing instrument was
t,�s+ , 2012, by moo; ,OI,
Youngfield Homes, Inc., a Minnesota
RONALD W. DAHLEN
Notary Public- Minnesota
My Commission Expires Jan 31, 2015
Check here if part or all of the land is Registered (Torrens)
THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651- 452 -5000
AMP /cj h
166007v1 2
YOUNGFIELD HOMES, INC.
acknowledged before me this 2O day of
/-�. /14, ((er , the Prertee'o
corporation, on behalf of said corporation.
Notary Public
of
Tax Statements for the real property
described in this instrument should be sent
to (Include name and address of Grantee):
City of Lakeville
20195 Holyoke Avenue
Lakeville, Minnesota 55044
CITY OF LAKEVILLE
Planning Commission Meeting Minutes
JULY 19, 2012
The July 19, 2012 Planning Commission meeting was called to order by Chair Lillehei in
the City Hall Council Chambers at 6:00 p.m.
Flag pledge and roll call of members:
Present Chair Lillehei
Vice Chair Boerschel
Commissioner Davis
Commissioner Drotning
Commissioner Grenz
Commissioner Maguire
Commissioner Reuvers
Absent: Ex- officio Fitzhenry
Staff Present Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Zach
Johnson, City Engineer; and Penny Brevig, Recording Secretary.
ITEM 3. APPROVAL OF MEETING MINUTES:
The June 21, 2012 Planning Commission meeting minutes were approved as presented.
ITEM 4. ANNOUNCEMENTS:
Mr. Morey stated that the following items were distributed at tonight's meeting:
1. Draft minutes from the July 18, 2012 Parks, Recreation and Natural Resources
Committee meeting regarding Agenda Item 5, The Haven at Highview
preliminary plat.
2. Revised (redlined) amendment to Chapters 23 and 97 of the Zoning Ordinance
regarding Agenda Items 6 and 7.
Mr. Morey stated that the August 2nd Planning Commission meeting will be cancelled if
none of tonight's agenda items are tabled.
ITEM 5. THE HAVEN AT HIGHVIEW
Chair Lillehei opened the public hearing to consider the application of Youngfield
Homes, Inc. for the following, located west of Highview Avenue and north of
Homestead Trail: A. Preliminary plat of 33 single family residential lots to be known as
The Haven at Highview; and B. Zoning Map amendment to rezone property from RS-2,
Planning Commission Meeting
July 19, 2012
Single Family Residential District to RS-3, Single Family Residential District. The
Recording Secretary attested that the legal notice had been duly published in
accordance with State Statutes and City Code.
Bob Wiegert from Paramount Engineering and Joe Miller and Ron Dahlen from
Youngfield Homes, Inc. were in attendance at tonight's meeting. Mr. Wiegert presented
an overview of the request. Mr. Wiegert stated that there is a large wetland along the
north and west side of the site located within proposed Outlot A which will be fully
preserved. He indicated that there is a tree line along the west side of the plat that will
be fully preserved, a tree line along the south side that will be partially removed to
extend Hollyhock Avenue into the plat, and a tree line along Highview Avenue will be
removed due to the trees being in the right -of -way. Mr. Wiegert stated that the
proposed site is low and a Large amount of fill will need to be brought in to
accommodate house pads. Mr. Wiegert commented that there have not been very many
new single family subdivisions in Lakeville in the last few years so they are very excited
to be presenting their project to the Planning Commission tonight.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated
that Youngfield Homes, Inc. has applied for a preliminary plat to allow the
development of 33 single family residential lots and rezoning of the property from RS-
2, Single Family Residential District to RS-3, Single Family Residential District. He
indicated that the RS-3 District allows for slightly smaller lot areas consistent with the
existing single family subdivisions adjacent to the south and east of the subject
property.
Mr. Dempsey reviewed the proposed buffer yard screening and landscaping, street
connections, lot sizes, and the requirement of having enough space on each lot to
accommodate a three car garage. He also indicated that the developer must rough
grade the trail base and pay their 5 /8ths share of the trail cost for the future
construction of the trail on the west side of Highview Avenue, north of 172nd Street, that
is adjacent to the proposed plat. He stated that this trail segment will likely be
constructed when Highview Avenue in this area is upgraded to an urban section.
Mr. Dempsey stated that because of the amount of green space to be deeded to the City
as Outlot A, staff is recommending that Stipulation 12 be removed. He indicated that
the plat will meet the DNR requirement of impervious surface area without further
restricting the eight lots that Lie partially within the Shoreland Overlay District to 25%
impervious surface.
Mr. Dempsey indicated that the Parks, Recreation and Natural Resources Committee
reviewed the preliminary plat and recommended a cash contribution to meet the park
dedication requirement. The draft motion from their July 18, 2012 meeting was
distributed at tonight's meeting.
2
3
Mr. Dempsey stated that Planning Department staff recommends approval of The
Haven at Highview preliminary plat and RS -2 District to RS-3 District rezoning, subject
to the 12 stipulations listed in the July 13, 2012 planning report, amended to remove
Stipulation 12.
Chair Lillehei asked for comments from the Planning Commission.
The following items were discussed in detail:
Planning Commission Meeting
July 19, 2012
• There was concern with northbound traffic on Highview Avenue whereby cars
may use the current right lane, which ends at 172nd Street, as a bypass lane when
cars are turning left off of Highview Avenue onto 172nd Street into The Haven at
Highview development. City Engineer Zach Johnson stated that current traffic
volumes do not warrant a left turn lane on Highview Avenue at this time. He
added that regulatory signage for northbound traffic, south of 172nd Street,
would be an alternative to address traffic safety concerns at this intersection. The
same regulatory signage could be installed on southbound Highview Avenue at
172nd Street adjacent to this plat. Mr. Morey stated that the regulatory signage
requirement could be incorporated into the development contract and would not
have to be added as a stipulation to the planning report.
• Commissioner Grenz asked about the cul -de -sac length. Mr. Dempsey indicated
that the maximum length for a cul -de -sac is 600 feet and the subject cul -de -sac is
less than 600 feet.
• Commissioner Grenz was concerned about the amount of homes being built on
land that is in the Shoreland Overlay District and the Floodplain Overlay
District, and whether it should be rezoned to allow more homes. Mr. Wiegert
stated that they were hoping to complete the grading, utilities and streets this
year. He indicated that excellent fill is being brought in. Commissioner
Drotning commented that one of the "tools" in City ordinance to limit
environmental impacts is the allowance of a reduction in street width in
environmentally sensitive areas. He felt that environmental concerns have been
well addressed by staff.
• After discussion, most of the Planning Commissioners agreed that rezoning to
RS-3 is consistent with the surrounding neighborhoods.
• Commissioner Maguire asked what the park dedication was based on. Mr.
Dempsey stated that the City Council recently revised the residential park
dedication fees due to comments received from developers. The new park
dedication fee for single family developments is $3,532 per dwelling unit.
• In response to additional Planning Commission comments regarding fill that will
be brought in for this development, Mr. Weigert explained the proposed grading
of the site. He indicated that approximately 90,000 cubic yards of fill will be
brought in. The black dirt will be put in the rear yards with the good material
used for the house pads and front yards. Mr. Wiegert stated they have met the
City's requirements.
• The Planning Commission discussed the removal of Stipulation 12 as
recommended by City staff. The Planning Commission agreed that with the
amount of green space in Outlot A, there would be no problem with this plat
meeting the 25% maximum impervious surface area requirement so Stipulation
12 can be removed.
12. Impervious surface coverage for the portion of Lots 1, 2, 5, 6, 7 and-8
District boundaries is limited to 25 %.
• The Planning Commission asked about the property with a house on it to the
west of the proposed development. The access to this property is by a gravel
driveway that sits just north of the paved North Park trail and accesses the
existing Hollyhock Avenue street stub that's within the Homestead Creek
development. Mr. Morey indicated that the City did try to purchase this
property a few years ago to eliminate this nonconforming situation, but were
unsuccessful.
Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
12.42 Motion was made and seconded to close the public hearing at 6:54 p.m.
Ayes: Reuvers, Maguire, Boerschel, Lillehei, Davis, Grenz, Drotning.
Nays: 0
4
Planning Commission Meeting
July 19, 2042
12.43 Motion was made and seconded to recommend to City Council approval of The Haven
at Highview preliminary plat of 33 single family residential lots, Located west of
Highview Avenue and north of Homestead Trail, and approval of the Zoning Map
amendment to rezone property from RS-2, Single Family Residential District to RS-3,
Single Family Residential District, subject to the following 11 stipulations, as amended:
1. Implementation of the recommendations listed in the July 13, 2012 engineering
report.
2. The recommendations of the Parks, Recreation and Natural Resources
Committee.
3. The rezoning is subject to City Council approval of the final plat and recording of
the final plat mylars with Dakota County.
4. Outlots A and B shall be deeded to the City with the final plat.
5. All structures shall meet the following minimum setback requirements of the RS-
3, Single Family Residential District
5
Planning Commission Meeting
July 19, 2012
Front Yard - 30 feet
Rear Yard - 30 feet
Side Yards:
Interior -10 feet
Corner - 20 feet
Buffer - 50 feet
6. The developer shall construct five foot concrete sidewalks on the east side of
Hollyhock Avenue, the southwest side of 172nd Street and the south side of
Hollyhock Court between 172nd Street and Hollyhock Avenue.
7. The developer shall construct an eight foot bituminous trail on the west side of
Highview Avenue from the existing North Park trail located along the south
boundary of the preliminary plat to 172nd Street. The developer shall rough
grade the trail base and pay their 5 /8ths share of the trail cost for the future
construction of the trail on the west side of Highview Avenue north of 172nd
Street adjacent to The Haven at Highview plat.
8. The final plat must include a 15 foot wide drainage and utility easement shown
along the property line adjacent to Hollyhock Court for all lots abutting
Hollyhock Court.
9. Building permit plans for all lots must show space for three garage stalls whether
or not three garage stalls are proposed with the initial construction of the house
on each lot.
10. The landscape plan must be amended prior to City Council consideration to
identify all evergreen trees within the buffer yard areas as Black Hills Spruce or
Colorado Blue or Green Spruce. In addition, the landscape plan must be
amended to replace the green ash trees with an alternate species of deciduous
tree as allowed by the Zoning Ordinance.
11. The east side yard of Lot 1, Block 3 must be sodded to the edge of the trail to be
constructed on the west side of Highview Avenue. This requirement will also
apply to Lot 11, Block 1 if it is determined that the trail will be constructed north
of 172nd Street with the development of The Haven at Highview. A $1,000 cash
escrow must be submitted with the building permit application to guarantee
installation of the east side yard sod.
Commissioner Reuvers commented that he thought this was a good project and fits well
with the adjacent neighborhood. He looks forward to more building construction in
Lakeville.
Ayes: Maguire, Boerschel, Lillehei, Davis, Drotning, Reuvers.
Nays: Grenz. Commissioner Grenz felt that the higher density rezoning was not
appropriate for this environmentally sensitive area.
Parks, Recreation & Natural Resources Committee Meeting Minutes, July 18, 2012
DRAFT
Page 2
Parks, Trails & Open Space Plan review
Liz Stockm TPC reviewed the draft document and sought feedback. She referred to page 81,
commenting on net - eeded for each park classification. She noted use was calculated according
to national standards and ci • . racteristics. After a short discussion, TPC agreed to look at the
numbers a little more closely. Swan sha = at he has been reading lately about how important trails
are and the national trend to utilize trail sy •• . He also inquired about the growth of the
population. Licht replied that the growth has been slow, : is building. The document takes the
average growth over time into account. Stockman then highlighte• • - • -s 84 -85 and the information
on descriptions as well as some of the maps. Goodwin commented on the n • • TPC had done on
the document; committee members agreed. TPC will present the document at a Ci _ • ncil work
scaaion on Monday, July 23 for review.
ITEM 9 The Haven at Highview preliminary plat and rezoning
The plat is located west of Highview Avenue and north of Homestead Trail and consists of 33 single -
family homes. The North Park (Steve Michaud Park) Greenway trail is adjacent to the south side of
this property and intersects with Highview Avenue. Staff reviewed wetland banking credits with the
committee. Dinslage inquired about the flood plain. Staff replied that the three Tots on the edge of the
floodplain will be raised on the final plat and the wetland will be extended. Draintiling will be included
as well. 45 trees will be saved along the trail.
(12.13) Motion made by Peterson, seconded by Goodwin to recommend City Council consider
approval of The Haven at Highview preliminary plat and rezoning. Proposed trails for the plat include
an 8' bituminous trail along west side of Highview Ave. from the existing Steve Michaud Park trail
located along the south boundary of the preliminary plat to 172 " St. The developer shall rough grade
the trail base and pay their 5 /8ths share of the trail cost for future construction of the trail on the
west side of Highview Ave., north of 172 St., adjacent to the Haven at Highview Plat. The Parks,
Trails and Open Space Plan does not identify future parks in this area, therefore staff is
recommending a cash contribution that will be paid with the final plat based on park dedication fee in
effect at time of final plat.
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 -7 Nays -0 Motion passed.
Staff p : -nted proposed change to 2012 -2013 hunting map as a result of development in areas,
existing hom- .nd close proximity to King Park.
(12.14) Motion • e by Goodwin, seconded by Hayes to recommend City Council consider
approval of the 2012 -20 • unting map with the proposed change as presented by City staff.
Ayes -7 Nays -0 M • • • passed.
ITEM 11 Announcements
Next Parks, Recreation & Natural Resources Com . -e meeting, August 1.
ITEM 12 Adjourn
Meeting adjourned at 6:59 p.m.
Respectfully submitted, ATTEST:
Patty Ruedy, Recording Secretary Scott Kelly, Chair
Memorandum
Item No.
City of Lakeville
Planning Department
To Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: July 13, 2012
Subject: Packet Material for the July 19, 2012 Planning Commission Meeting
Agenda
Item: 1) The Haven at Highview Preliminary Plat
2) RS -2 District to RS -3 District Rezoning
Action
Deadline: Preliminary Plat: Sept. 13, 2012; Rezoning: August 25, 2012
BACKGROUND
Youngfield Homes, Inc. has applied for a preliminary plat to allow the
development of 33 single family residential lots on 22.59 acres of property to be
known as The Haven at Highview. The developer has also applied to rezone the
property from RS -2, Single Family Residential District to RS -3, Single Family
Residential District consistent with the RS -3, Single Family Residential District
zoning of the properties south and east of the preliminary plat. The Haven at
Highview preliminary plat is located west of Highview Avenue and north of
Homestead Trail.
The Haven at Highview preliminary plat plans have been distributed to
Engineering Department and Parks and Recreation Department staff, the Parks,
Recreation and Natural Resources Committee and the Minnesota Department of
Natural Resources.
EXHIBITS
Exhibit A — Location /Zoning Map
Exhibit B — Aerial Photo
Exhibit C — Existing Conditions
1
Exhibit D — Preliminary Plat
Exhibit E — Sanitary Sewer and Water Plan
Exhibit F — Grading Plan and Detail Sheet (2 pages)
Exhibit G — Storm Sewer Plan
Exhibit H — SWPP Plan
Exhibit I — Erosion Control Details
Exhibit 3 — Landscape /Tree Preservation Plan
Exhibit K — Wetland Planting Plan
Full size copies of the preliminary plat plans are included with your packet materials.
PLANNING ANALYSIS
REZONING
The developer has submitted an application to rezone the subject property from
RS -2, Single Family Residential District to RS -3, Single Family District. The RS -3
District allows slightly smaller lot areas consistent with the existing single family
subdivisions adjacent to the south and east of the subject property. The RS -2
District requires 100 foot wide Tots, 15,000 square feet in area whereas the RS -3
District requires 85 foot wide lots, 11,000 square feet in area. The proposed RS -3
District zoning is consistent with the 2008 Comprehensive Plan.
Findings of Fact for the rezoning request are attached for your consideration.
PRELIMINARY PLAT
Existing Conditions. The subject property includes three metes and bounds
described parcels totaling 22.59 acres that had been farmed and previously
occupied as a single family residence. The house was removed by the property
owner in 2008. The well and septic systems have been abandoned according to
state and local requirements.
The subject property is adjacent to Highview Avenue to the east and a multi-
purpose trailway to the south. The subject property includes wetland areas that
extend to the west and north. A DNR creek that is tributary to the North Creek
is located adjacent to the north and west of the subject property.
Consistency with the Comprehensive Plan. The subject property is located in
the North /Ipava Corridor District (District 2) of the 2008 Comprehensive Plan.
Planning District 2 guides the subject property for low density residential
2
development. The proposed RS -2 District to RS -3 District rezoning is consistent with
the provisions of the 2008 Comprehensive Plan.
Zoning and Adjacent Land Uses. The Homestead Creek single family
development to the south was platted in 1992 and included the development of
Hollyhock Avenue which was planned to extend north when the subject property
developed. Adjacent land uses and zoning are as follows:
North — Wetland and North Creek Tributary (P -OS, Park and Open Space District,
Shoreland and Floodplain Overlay Districts)
East — Highview Avenue and Single Family Homes (RS -3 District)
South — Multi- Purpose Trailway and Single Family Homes (RS -3 District)
West — Wetland and North Creek Tributary (P -OS, Park and Open Space District,
Shoreland and Floodplain Overlay Districts)
Consistency with the Capital Improvement Plan (CIP). City street, sanitary
sewer and water improvements associated with The Haven at Highview preliminary
plat are not programmed in the 2012 — 2016 Capital Improvement Plan and will be
financed entirely by the developer.
Premature Subdivision Criteria. A preliminary 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 (discussed above). Staff review of The Haven at
Highview preliminary plat against these criteria finds that it is not a premature
subdivision.
Density /Average Lot Size. The Haven at Highview preliminary plat consists
of 33 single family Tots on 22.59 acres. This results in a gross density of 1.46
dwelling units per acre. Excluding street right -of -way and outlots, the net
density is 3.16 dwelling units per acre. The lot sizes range from 11,050 square
feet to 22,258 square feet in area.
Lots /Blocks. The following minimum lot size requirements in the RS -3, Single
Family Residential District pertain to The Haven at Highview preliminary plat
subject to approval of the rezoning request:
Lot Area
Interior: 11,000 square feet
Corner: 12,500 square feet
3
Lot Width
Interior: 85 feet
Corner: 100 feet
Buffer Yard Lot Width abutting Highview Avenue: 130 feet
The Haven at Highview preliminary plat meets the lot area and lot width
requirements of the RS -3 District.
Outlots. There are two outlots totaling 8.42 acres in The Haven at Highview
preliminary plat. The proposed use of the outlots is as follows:
Outlot A — 7.5 acre outlot that will be deeded to the City with the final plat for
stormwater treatment and wetland preservation.
Outlot B — 0.92 acre outlot that will be deeded to the City with the final plat
for stormwater treatment.
Setbacks. The following minimum RS -3, Single Family Residential District
requirements for building setback pertain to The Haven at Highview preliminary plat
subject to approval of the rezoning request:
Front Yard — 30 feet
Rear Yard — 30 feet
Side Yards:
Interior —10 feet
Corner — 20 feet
Side Yard Buffer Abutting Highview Avenue — 50 feet
The proposed house pads shown on The Haven at Highview grading plan
indicate that all 33 lots in the preliminary plat have adequate building pad areas
that meet setback requirements.
Buffer Yard Screening /Landscaping. There are two lots that abut Highview
Avenue, a major collector roadway as identified in the City's Transportation Plan.
These two lots (Lot 11, Block 1 and Lot 1, Block 3) require increased buffer yard
lot size and setbacks. Buffer yard screening will be accomplished with a
combination of an earth berm and landscaping (Exhibits F and 3).
The landscape plan includes the installation of 57 deciduous trees, 53 ten foot
tall evergreen trees and 35 ornamental trees and shrubs. The landscape plan
must be amended prior to City Council consideration to identify all evergreen
trees within the buffer yard areas as Black Hills Spruce or Colorado Blue or Green
Spruce. In addition, the landscape plan must be amended to replace the green
4
ash trees with an alternate species of deciduous tree as allowed by the Zoning
Ordinance.
The east side yard of Lot 1, Block 3 must be sodded to the edge of the trail to be
constructed on the west side of Highview Avenue. This requirement will also
apply to Lot 11, Block 1 if it is determined that the trail will be constructed north
of 172 Street with the development of The Haven at Highview. A $1,000 cash
escrow must be submitted with the building permit application to guarantee
installation of the east side yard sod.
Signs. There will be no subdivision monument signs, however, the developer is
proposing a landscaped boulder entrance monument to the subdivision to be placed
on Lot 1, Block 3 that will identify The Haven at Highview subdivision. The boulder
landscaping is not required to be placed in a separate outlot under the ownership of
a homeowner's association. Similar landscaped boulder entrance monuments are
located in the Pine Grove and Autumn Meadows single family subdivisions.
Streets. The Haven at Highview preliminary plat is adjacent to Highview Avenue,
which is designated as a major collector roadway with a parkway design in the
City's Transportation Plan. A 120 foot right -of -way width is required. A 60 foot
west half right -of -way is shown on the preliminary plat in compliance with this
requirement. The developer is required to construct a southbound right turn lane
on Highview Avenue at 172 Street.
The development of The Haven at Highview includes the construction of the
following local streets:
172 Street will intersect with Highview Avenue across from existing 172 Street
in the Woodbury 1 Addition subdivision. 172 Street will be 32 feet wide within
a 60 foot right -of -way width as shown on the preliminary plat plans in compliance
with Subdivision Ordinance requirements. A five foot concrete sidewalk will be
constructed by the developer on the southwest side of 172 Street.
Hollyhock Avenue will be extended into The Haven at Highview development from
its current terminus in the Homestead Creek subdivision. Hollyhock Avenue will be
32 feet wide within a 60 foot right -of -way width as shown on the preliminary plat
plans in compliance with Subdivision Ordinance requirements. A five foot concrete
sidewalk will be constructed by the developer on the east side of Hollyhock
Avenue.
The extension of Hollyhock Avenue will cross the existing trail connection between
North Park and Highview Avenue. Stop signs will be placed at this intersection to
control traffic.
5
Hollyhock Court connects 172 Street and Hollyhock Avenue and terminates in a
cul -de -sac at both the east and west ends due to access spacing limitations on
Highview Avenue (east end) and the location of a wetland area (west end).
Hollyhock Court will be 28 feet wide within a 50 foot right -of -way width as allowed
by the Subdivision Ordinance in environmentally sensitive areas. The reduced
street and right -of -way width requires that all lots abutting Hollyhock Court have a
15 foot wide drainage and utility easement along the property line adjacent to
Hollyhock Court and that all houses have a three car garage. A 15 foot wide
drainage and utility easement is shown on the preliminary plat for all lots adjacent
to Hollyhock Court. A five foot concrete sidewalk will be constructed by the
developer on the south side of the Hollyhock Court segment connecting 172
Street and Hollyhock Avenue.
Easements. All Tots in the preliminary plat include boundary drainage and utility
easements as required by the Subdivision Ordinance. A 45 foot wide drainage
and utility easement is shown along the south lines of Lots 1 -3 and 11, Block 3
to accommodate the construction of a storm sewer pipe on the south side of the
preliminary plat.
Shoreland Overlay District. The west and north sides of The Haven at
Highview preliminary plat are located within the Shoreland Overlay District of the
DNR tributary to the North Creek (300 feet from the stream edge). All or a
portion of the following lots lie within the Shoreland Overlay District: Lots 1, 2,
5, 6, 7 and 8, Block 1 and Lots 4 and 5, Block 4. Impervious surface coverage
on the portions of these eight lots that lie within the Shoreland Overlay District is
limited to 25 %.
Floodplain Overlay District. Part of the property currently lies within the
Floodplain Overlay District. The lots within The Haven at Highview preliminary plat
will not lie within the floodway and all lots will be located at least one foot above
the flood protection elevation as required by Chapter 101 of the Zoning Ordinance.
Grading, Drainage, Erosion Control, and Utilities. Proposed grading,
drainage, erosion control, and utilities for The Haven at Highview preliminary plat is
shown on Exhibits E, F, G, H and I. Engineering staff have reviewed the grading
and utilities plans and their comments are included in the July 13, 2012 engineering
report. Engineering recommends approval of the preliminary plat.
Tree Preservation. There are 68 significant trees located within The Haven at
Highview preliminary plat boundaries. The tree preservation plan (Exhibit J) proposes
to save 45 (66 %) of the significant trees. Engineering staff have reviewed the tree
preservation plan and their comments are included in the engineering report.
6
Wetlands. A wetland delineation has been completed for the subject property. A
large wetland area extends into the northerly and westerly sides of the subject
property. The wetland and wetland buffer will be located within Outlot A, which
will be deeded to the City with the final plat. Engineering staff have reviewed the
wetland delineation and their comments are included in the engineering report.
Park Dedication. The City's Park, Trails and Open Space Plan does not identify a
need for public park land within The Haven at Highview preliminary plat area. Staff
recommends a cash contribution to meet the park dedication requirement for The
Haven at Highview plat.
The Parks, Recreation and Natural Resources Committee will make a
recommendation related to the park dedication requirement for The Haven at
Highview preliminary plat at their July 18, 2012 meeting. Their recommendation
will be forwarded to the Planning Commission at the public hearing.
Trails. An eight foot bituminous trail will be constructed by the developer along
the west side of Highview Avenue from the existing North Park trail located along
the south boundary of the preliminary plat to 172 Street. The developer must
rough grade the trail base and pay their 5 /8ths share of the trail cost for the
future construction of the trail on the west side of Highview Avenue north of
172 Street adjacent to The Haven at Highview plat. This trail segment will
likely be constructed when Highview Avenue in this area is upgraded to an urban
section.
MUSA. The Haven at Highview preliminary plat area is located within the
Current MUSA.
RECOMMENDATION
Planning Department staff recommends approval of The Haven at Highview
preliminary plat and RS -2 District to RS -3 District rezoning subject to the
following stipulations:
1. Implementation of the recommendations listed in the July 13, 2012
engineering report.
2. The recommendations of the Parks, Recreation and Natural Resources
Committee.
3. The rezoning is subject to City Council approval of the final plat and
recording of the final plat mylars with Dakota County.
4. Outlots A and B shall be deeded to the City with the final plat.
5. All structures shall meet the following minimum setback requirements of
the RS -3, Single Family Residential District:
Front Yard — 30 feet
Rear Yard — 30 feet
Side Yards:
Interior —10 feet
Corner — 20 feet
Buffer — 50 feet
6. The developer shall construct five foot concrete sidewalks on the east side
of Hollyhock Avenue, the southwest side of 172 Street and the south side
of Hollyhock Court between 172 Street and Hollyhock Avenue.
7. The developer shall construct an eight foot bituminous trail on the west
side of Highview Avenue from the existing North Park trail located along
the south boundary of the preliminary plat to 172 Street. The developer
shall rough grade the trail base and pay their 5 /8ths share of the trail cost
for the future construction of the trail on the west side of Highview Avenue
north of 172 Street adjacent to The Haven at Highview plat.
8. The final plat must include a 15 foot wide drainage and utility easement
shown along the property line adjacent to Hollyhock Court for all lots
abutting Hollyhock Court.
9. Building permit plans for all lots must show space for three garage stalls
whether or not three garage stalls are proposed with the initial
construction of the house on each lot.
10. The landscape plan must be amended prior to City Council consideration to
identify all evergreen trees within the buffer yard areas as Black Hills
Spruce or Colorado Blue or Green Spruce. In addition, the landscape plan
must be amended to replace the green ash trees with an alternate species
of deciduous tree as allowed by the Zoning Ordinance.
11. The east side yard of Lot 1, Block 3 must be sodded to the edge of the trail
to be constructed on the west side of Highview Avenue. This requirement
will also apply to Lot 11, Block 1 if it is determined that the trail will be
constructed north of 172 Street with the development of The Haven at
Highview. A $1,000 cash escrow must be submitted with the building
permit application to guarantee installation of the east side yard sod.
8
12. Impervious surface coverage for the portion of Lots 1, 2, 5, 6, 7 and 8,
Block 1 and Lots 4 and 5, Block 4 that lie within the Shoreland Overlay
District boundaries is limited to 25 %.
word /plats/The Haven at Highview rezoning, preliminary plat
9
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EXHIBIT K
Memorandum
To: Frank Dempsey, Associate Planner
From: Mark DuChene, Development/Design Engineer ftV7
McKenzie L. Cafferty, Environmental Resources Manager
Copy: Dennis Feller, Finance Director
Gene Abbott, Building Official
Date: July 13, 2012
Subject: The Haven at Highview
• Preliminary Plat Review
• Grading Plan Review
• Utility Plan Review
• Tree Preservation Plan Review
• Erosion Control Plan
BACKGROUND
City of Lakeville
Engineering
Youngfield Homes has submitted a preliminary plat named The Haven at Highview.
The parent parcels consist of three metes and bounds parcels that are zoned RS -2,
Single Family Residential District. The Developer is proposing to rezone the parcels
to RS -3, Single Family Residential District. The proposed subdivision is located west
of and adjacent to Highview Avenue; north of and adjacent to Homestead Creek
East addition; south of Interlachen Glen addition; and east of Crystal Lake Golf Club.
The preliminary plat consists of 33 single - family lots within four blocks and two
outlots on 22.59 acres. The Developer will dedicate 2.76 acres as Highview Avenue
right -of -way. The outlots created with the preliminary plat shall have the following
uses:
Outlot A: Storm water treatment basin and wetland preservation area,
to be deeded to the City (7.50 acres)
Outlot B: Storm water treatment basin and filtration basin, to be
deeded to the City (0.92 acres)
THE HAVEN AT HIGHVIEW
JULY 13, 2012
PAGE 2 OF 7
The proposed subdivision will be completed by:
Developer: Youngfield Homes
Engineer: Paramount Engineering and Design
Surveyor: Bohlen Surveying
SITE CONDITIONS
The Haven at Highview consists of a vacant, undeveloped agricultural field with
moderate slopes. There is an existing bituminous driveway that is to be removed.
There is a large wetland along the western and northern parcel boundaries and a
smaller wetland located along Highview Avenue.
STREET AND SUBDIVISION LAYOUT
The Haven at Highview is located adjacent to transportation facilities under the
control of the City of Lakeville.
Highview Avenue
The Haven at Highview is west of and adjacent to Highview Avenue, a major
collector roadway and future parkway as identified in the City's Transportation Plan.
The Developer is proposing to dedicate the necessary 60 feet of half right -of -way.
The right -of -way dedication satisfies the right -of -way requirement. Highview
Avenue north of 172 Street is an existing two -lane rural road that transitions to a
four -lane urban road south of 172 Street. The Developer is required to construct a
southbound right -turn lane on Highview Avenue at 172 Street.
A cash fee for the future upgrade of Highview Avenue will be collected with the final
plat for the length of the plat adjacent to Highview Avenue. The fee will be based
on the current rate in effect at the time of final plat.
172 Street
Development of The Haven at Highview includes the construction of 172 Street, a
local street. 172 Street provides the only access to Highview Avenue and aligns
with 172 Street on the east side of Highview Avenue. 172 Street is designed as
a 32 -foot wide, two -lane urban street with a 5 -foot concrete sidewalk along one
side. The Developer is dedicating 60 feet of right -of -way.
Hollyhock Avenue
Development of The Haven at Highview includes the construction and extension of
Hollyhock Avenue, a local street. Hollyhock Avenue is designed as a 32 -foot wide,
two -lane urban street with a 5 -foot concrete sidewalk along one side. The
Developer is dedicating 60 feet of right -of -way.
THE HAVEN AT HIGHVIEW
JULY 13, 2012
PAGE 3 OF 7
Hollyhock Court
Development of The Haven at Highview includes the construction of Hollyhock
Court, a local street with cul -de -sacs on both ends. Due to the environmentally
sensitive nature of the wetland to the north, Hollyhock Court is designed as a 28-
foot wide, two -lane urban street with a 5 -foot concrete sidewalk along one side
between Hollyhock Avenue and 172 Street. The Developer is dedicating 50 feet of
right -of -way and establishing 15 -foot public drainage and utility easements. The
cul -de -sac portions of Hollyhock Court will be 45 -foot radii with 60 -foot rights -of-
way.
The City reserves the right to increase the street sections at the time of construction
based upon site conditions. Building permits, except one model home permit, for
The Haven at Highview shall not be issued until the concrete curb and gutter and
bituminous base pavement have been installed.
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility and street construction
shall be restricted to the proposed 172 Street and Highview Avenue intersection.
No construction traffic shall enter from Hollyhock Avenue.
PARKS AND TRAILS
The City's Parks, Trails and Open Space Plan does not designate any area within the
proposed plat as future park land. Development of The Haven at Highview includes
the construction of public bituminous trails and public concrete sidewalks. 5 -foot
wide concrete sidewalks will be constructed along one side of all local streets except
the cul -de -sacs. There are existing 8 -foot wide public bituminous trails adjacent to
the southern plat boundary and on the east side of Highview Avenue.
The City's Parks, Trails and Open Space Plan identifies future 8 -foot wide public
bituminous trails along the west side of Highview Avenue. The Developer will
construct the trail from the southern plat boundary to 172 Street and will rough -
grade the trail base within the westerly right -of -way of Holyoke Avenue and pay
their 5 /8th portion of the trail costs for Highview Avenue, consistent with the
Subdivision Ordinance and City policy for the portion of the trail from 172 Street to
the northern plat boundary. The remaining trail will likely be constructed when
Highview Avenue is reconstructed and updated to an urban section.
THE HAVEN AT HIGHVIEW
JULY 13, 2012
PAGE 4 OF 7
The Park Dedication requirement has not been collected on the parent parcel and
will be satisfied through a cash contribution that will be paid with the final plat
based on the park dedication fee in effect at the time of final plat.
UTILITIES
SANITARY SEWER
The Haven at Highview is located within subdistrict NC -20860 of the North Creek
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 /Apple Valley West Interceptor and continue to the Empire Wastewater
Treatment Facility. The downstream facilities have sufficient capacity to serve the
proposed subdivision.
Development of The Haven at Highview includes the construction of public lateral
sanitary sewer. 8 -inch sanitary sewer will be extended within the subdivision from
8 -inch sanitary sewer located along the east side of Highview Avenue at 172
Street.
The Lateral Sanitary Sewer Access Charge for the sanitary sewer adjacent to the site
has not been collected on the parent parcels and shall be paid at the time of final
plat.
The Sanitary Sewer Area Charge has been collected on the parent parcels; no
Sanitary Sewer Availability Charge will be collected.
WATERMAIN
Development of The Haven at Highview includes the construction of public lateral
watermain. 8 -inch watermain will be extended within the subdivision from existing
watermain located within Highview Avenue right -of -way to provide water service to
the lots. The majority of the watermain will be connected to provide a looped
watermain system.
The Lateral Watermain Access Charge for the lateral portion of the 8 -inch watermain
within Highview Avenue right -of -way has not been collected on the parent parcels
and shall be paid at the time of final plat approval.
The proposed watermain layout is in accordance with the City's Comprehensive
Water Plan. Final locations and sizes of all sanitary sewer and watermain facilities
shall be reviewed by City staff with the final construction plans. The sewer and
watermain connections within Highview Avenue must be completed on the same day
and on a non - student contact day to minimize disruptions to traffic. In association
THE HAVEN AT HIGHVIEW
JULY 13,2012
PAGE 5 OF 7
with MnOPS requirements, utility hook -ups for buildings within The Haven at
Highview shall not be permitted until the as -built electronic files have been
submitted and approved by City staff.
DRAINAGE AND GRADING
The Haven at Highview preliminary plat lies within Subdistrict NC -47 of the North
Creek Drainage District, as identified in the City's Water Resources Management
Plan. A portion of the site is within the shoreland overlay district and the North
Creek floodplain.
Development of The Haven at Highview includes the construction of two public
stormwater basins and a public filtration basin to collect and treat the stormwater
runoff generated in the development. The stormwater basins and filtration basin
will provide water quality treatment, skimming and rate control of the stormwater
runoff generated within The Haven at Highview subdivision. The public basins will
be located within Outlots A & B (to be deeded to the City with the final plat).
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for
deeding Outlots A & B to the City, consistent with City policy. The credit is based on
the area of Outlots A & B, and is calculated at the rate of $5,500.00 per acre, and
will be applied to The Haven at Highview final plat cash fees.
The final grading plan must identify all fill lots in which the building footings will be
placed on fill material. The grading specifications must indicate that all
embankments meet FHA /HUD 79G specifications. The Developer shall certify to the
City that all lots with building footings placed on fill material are appropriately
constructed. Building permits will not be issued until an as -built certified grading
plan, including the buffer yard berms along Highview Avenue, have been submitted
and approved by City staff. The Developer shall provide elevation certificates for all
lots adjacent to the floodplain.
The Haven at Highview site contains approximately 22.59 acres. 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.
RESIDENTIAL BUFFER YARD REOUIREMENTS
Highview Avenue is a major collector as identified in the City's Transportation Plan.
A buffer yard berm and landscaping screen with a combined height of 10 feet
(including a minimum earth berm height of 4 feet) shall be provided adjacent to
Highview Avenue, as shown on the plans. A certified grading plan of the buffer yard
THE HAVEN AT HIGHVIEW
3ULY 13, 2012
PAGE 6 OF 7
berms shall be submitted and approved by City staff prior to the installation of any
buffer yard plantings.
STORM SEWER
Development of The Haven at Highview includes public storm sewer construction.
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 basins located within Outlots A and B.
Final storm sewer locations and sizes shall be reviewed by City staff with the final
construction plans. Draintile construction is required in areas of non - granular soils
within The Haven at Highview for the street sub -cut and lots. Any additional
draintile construction, including perimeter draintile required for building footings,
which is deemed necessary during construction shall be the Developer's
responsibility to install and finance.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel
and shall be paid at the rate in effect at the time of final plat approval.
WETLANDS
The delineation for the site was approved on August 5, 2011. Two wetlands were
delineated on the site. The project proposes to fill 0.49 acres of the Type 1 wetland
while avoiding the 5.98 acres of Type 2 wetland. The applicant is in the process of
purchasing 0.98 acres of wetland credits from a wetland bank to replace the wetland
impacts. The wetland replacement plan is on notice until July 31, 2012 and
scheduled for approval August 8, 2012.
All wetlands and wetland buffers will be located in a City owned Outlot. Wetland
buffer posts must be installed along Outlot A one foot behind property corners. All
wetland and wetland areas that were previously disturbed by farming activity must
be established with MnDot wetland seed mix 328.
TREE PRESERVATION
A tree preservation plan has been submitted. The plan shows a total of 68
significant trees within the site. The plan proposes to save a total of 45 trees
(66 %). Tree preservation fencing must be placed outside the drip line of all save
trees.
EROSION CONTROL
An erosion control plan has been submitted and includes the following:
THE HAVEN AT HIGHVIEW
3ULY 13, 2012
PAGE 7 OF 7
• A rock construction entrance is included in the details.
• A seed /mulch specification that meets City requirements is included in the
erosion control notes.
• All 3:1 slopes will be stabilized with fiber blanket. PTR will be required on
all slopes greater than 3:1.
• A wetland seed mix is identified for storm water basins and filtration
areas.
• Silt fence will be installed to protect offsite areas from sediment
transport. Erosion control must be installed behind the curb once small
utilities are installed.
• Erosion control blankets will be installed on all storm water basin slopes.
• Inlet protection is shown on the detail sheet and included in erosion
control notes. Wimco or approved equal will be used.
• The streets shall be cleared of debris at the end of each day. Street
sweeping shall be done weekly or more often as needed. Additional
sweeping will be required during the hauling process. All streets shall be
maintained to safe driving conditions.
The filtration areas must be kept off -line until the site is fully stabilized and buildings
are complete. Heavy equipment must be kept out of filtration areas to avoid
compaction. Once filtration and constructed wetland basins are graded, silt fence
will be installed around the perimeter to protect them from sediment.
A maintenance schedule for the first 2 years must be included in the final plat plans.
This includes mowing 2 to 3 times, 30 days apart during the first year with the
mower deck about 6 -8" off the ground. The second year the pond areas must be
mowed once before weeds set their seeds. This will reduce weed establishment and
help stimulate the desirable vegetation. This will cut down on maintenance in the
long -term.
Additional erosion control measures may be required during construction as deemed
necessary by City staff or the Dakota County Soil and Water District. Additional
measures shall be installed and maintained by the Developer. The Developer is
responsible for meeting the requirements of the MPCA NPDES construction permit.
RECOMMENDATION
Engineering recommends approval of the preliminary plat, grading plan, utility plan,
erosion control plan and tree preservation plan for The Haven at Highview, subject
to the requirements and stipulations within this report and the following:
Prior to final plat consideration:
• The Developer must make revisions to the grading plan consistent with the
City's floodplain ordinance.
Memorandum
INTRODUCTION
EXHIBITS
A. Location and Zoning Map
B. Preliminary Plat
C. Final Plat and Final Plat Title Sheet (2 Pages)
D. Sanitary Sewer and Water Plan
E. Grading and Erosion Control Plan
F. Storm Sewer Plan
G. SWPP Plan and Details
1
City of Lakeville
Planning Department
To: Mayor and City Council
From: Frank Dempsey, AICP
Associate Planner
Date: August 28, 2012
Subject: Packet Material for the September 4, 2012 City Council Meeting
Agenda Item: The Haven at Highview Final Plat
Youngfield Homes, Inc. has submitted an application and plans for the final plat of The Haven
at Highview. The Haven at Highview final plat is located west of Highview Avenue and north
of Homestead Trail and includes 33 single family residential Tots and two outlots on 22.59
acres. The final plat application has been submitted in conjunction with an application and
plans for a preliminary plat and rezoning of the property. The Planning Commission
recommended approval of the rezoning and preliminary plat at their July 19, 2012 meeting.
The Haven at Highview final plat plans have been distributed to Engineering Department.
The Engineering Department revised memorandum prepared by Mark DuChene,
Development Design Engineer and Mac Cafferty, Environmental Resources Coordinator
revised dated August 22, 2012 is attached.
Yard
Front
Side Interior
Side Corner
Rear
Buffer
(Highview
Avenue)
Setback
30'
10'
20'
30'
50'
H. Landscape and Tree Preservation Plan
I. Wetland Planting Plan
PLANNING ANALYSIS
Zoning. The current zoning of the property is RS -2, Single Family Residential District. The
developer has submitted an application to rezone the property from RS -2, Single Family
Residential District to RS -3, Single Family Residential District consistent with the zoning of the
adjacent neighborhoods.
Existing Conditions. The Haven at Highview final plat consists of three metes and bounds
described parcels totaling 22.59 acres. The property is relatively flat and has been used as
crop farmland.
Lot Area. Single family lots within the RS -3 District are required to provide a minimum lot
area of 11,000 square feet for interior lots and 12,500 square feet for corner lots. The area of
the lots meet the minimum square footage required.
Lot Width. The minimum lot width for single - family lots within the RS -3 District is 85 feet for
interior Tots and 100 feet for corner lots. All lots meet the minimum lot width requirement.
The minimum lot width for the two buffer yard lots adjacent to Highview Avenue is 130 feet.
The proposed Lot 11, Block 1 and Lot 1, Block 3 meet the buffer yard lot width requirements.
Setbacks. Setback requirements for single family lots in the RS -3 District are outlined below:
The proposed building pads meet the minimum setback requirements for interior, corner and
buffer yard lots.
Development Density. The Haven at Highview final plat consists of 33 single family lots on
22.59 acres. This results in a gross density of 1.46 dwelling units per acre. The net density,
excluding road right -of -way and outlots is 3.16 dwelling units per acre. The lot sizes range
from 11,050 square feet to 22,258 square feet.
Outlots. There are two outlots proposed with The Haven at Highview final plat.
• Outlot A is 7.5 acres in area and will be deeded to the City for wetland preservation
and stormwater management purposes.
2
• Outlot B is 0.92 acres in area that will be deeded to the City with the final plat for
stormwater management purposes.
Access. The Haven at Highview will have access from Highview Avenue at 172 " Street and
from Hollyhock Avenue off of Homestead Trail.
Streets & Right - of - Way. The Haven at Highview will include the construction of 172n Street,
Hollyhock Avenue and Hollyhock Court. The pavement widths for streets except Hollyhock
Court will be 32 feet from back of curb to back of curb. Hollyhock Court will be 28 feet width
within a 50 foot wide right -of -way as allowed by the Subdivision Ordinance in
environmentally sensitive areas.
Trails. The Haven at Highview final plat includes the construction of an eight foot wide
bituminous pedestrian trail along the west side of Highview Avenue from the existing trail
located along the north boundary of the Homestead Creek development to 172n Street. The
developer must rough grade the trail base and pay their 5 /8ths share of the trail cost for the
future construction of the trail on the west side of Highview Avenue north of 172n Street
adjacent to The Haven at Highview plat. This trail segment will likely be constructed when
Highview Avenue in this area is upgraded to an urban section.
Landscape Plan. Two lots abut Highview Avenue, a major collector roadway as identified in
the City's Transportation Plan. These two lots (Lot 11, Block 1 and Lot 1, Block 3) require
increased buffer yard lot size and setbacks. Buffer yard screening will be accomplished with a
combination of an earth berm and landscaping (Exhibit H).
The landscape plan includes the installation of 43 deciduous trees, 53 ten foot tall evergreen
trees and 35 ornamental trees and shrubs. The landscape plan has been amended to identify
all evergreen trees within the buffer yard areas as Colorado Spruce to replace the green ash
trees with mixture of other species of trees and shrubs as allowed by the Zoning Ordinance.
The east side yard of Lot 1, Block 3 must be sodded to the edge of the trail to be constructed
on the west side of Highview Avenue. A $1,000 cash escrow must be submitted with the
building permit application to guarantee installation of the east side yard sod.
Park Dedication. There is no park area identified for this plat in the Parks, Trails and Open
Space Plan. As such, the developer will pay a cash fee in lieu of land to satisfy the park
dedication requirement for The Haven at Highview plat.
The park dedication fee will be in the amount of $116,556 (33 lots x $3,532 per lot) in addition
to a Highview Avenue future trail improvement fee of $10,105.90. There are credits applied to
the trail construction along Highview Avenue of $1,846.88.
The balance for park dedication and trail improvements is as follows:
3
Cash fee for Park Dedication in Lieu of Land: $116,556.00
Highview Avenue Future Trail Improvements: $10,105.90
Highview Avenue trail construction credit : - $1,846.88
Outlots A and B dedicated to the City: - $46,310.00
Total: $78,505.02
The park dedication fee shall be submitted to the City prior to release of the final plat mylars.
Tree Preservation. The Haven at Highview tree preservation plan identified 68 significant trees
located within The Haven at Highview plat boundaries. The tree preservation plan (Exhibit H)
proposes to save 45 (66 %) of the significant trees. Engineering staff have reviewed the tree
preservation plan and their comments are included in the engineering report.
Wetlands. A wetland delineation has been completed for the subject property. A large
wetland area extends into the northerly and westerly sides of the subject property. The
wetland and wetland buffer will be located within Outlot A, which will be deeded to the City
with the final plat. Engineering staff have reviewed the wetland delineation and their
comments are included in the engineering report.
Grading, Drainage and Erosion Control. The final plat includes grading, drainage and
erosion control plans. Erosion control plans have also been submitted with the final plat. All
grading, drainage and erosion control items are to be completed as outlined in the revised
August 22, 2012 engineering report prepared by Mark DuChene, Development /Design
Engineer Mac Cafferty, Environmental Resources Manager.
RECOMMENDATION
The Haven at Highview 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 Haven at Highview final plat subject to the
following conditions:
1. The recommendations listed in the Engineering Department memorandum dated
August 22, 2012.
2. The rezoning is subject to City Council approval of the final plat and recording of the
final plat mylars with Dakota County.
3. Outlots A and B shall be deeded to the City with the final plat.
4. All homes shall meet the following minimum setback requirements of the RS -3, Single
Family Residential Zoning District:
4
Front Yard - 30 feet
Rear Yard - 30 feet
Side Yards:
Interior -10 feet
Corner - 20 feet
Side Yard Buffer Abutting Highview Avenue - 50 feet
5. The developer shall construct five foot concrete sidewalks on the east side of
Hollyhock Avenue, the southwest side of 172 " Street and the south side of Hollyhock
Court between 172 " Street and Hollyhock Avenue.
6. The developer shall construct an eight foot bituminous trail on the west side of
Highview Avenue from the existing trail located along the south boundary of the final
plat to 172 " Street. The developer shall rough grade the trail base and pay their
5 /8ths share of the trail cost for the future construction of the trail on the west side of
Highview Avenue north of 172n Street adjacent to The Haven at Highview plat.
7. Building permit plans for all Tots must show space for three garage stalls whether or
not three garage stalls are proposed with the initial construction of the house on each
lot.
8. Landscaping shall be installed according to the landscape plan approved by the City
Council.
9. The east side yard of Lot 1, Block 3 must be sodded to the edge of the trail to be
constructed on the west side of Highview Avenue. A $1,000 cash escrow must be
submitted with the building permit application to guarantee installation of the east
side yard sod.
5
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Memorandum
To: Frank Dempsey, Associate Planner
From: Mark DuChene, Development/Design Engineer
McKenzie L. Cafferty, Environmental Resources Manager
Copy: Dennis Feller, Finance Director
Gene Abbott, Building Official
Date: August 16, 2012 Revised 8 -22 -12
Subject: The Haven at Highview
• Final Plat Review
• Grading Plan Review
• Utility Plan Review
• Tree Preservation Plan Review
• Erosion Control Plan
BACKGROUND
City of Lakeville
Engineering
Youngfield Homes has submitted a final plat named The Haven at Highview. The
parent parcels consist of three metes and bounds parcels that are zoned RS -2,
Single Family Residential District. The Developer is requesting to rezone the
parcels to RS -3, Single Family Residential District. The preliminary plat is being
considered concurrently with the final plat. The proposed subdivision is located
west of and adjacent to Highview Avenue; north of and adjacent to Homestead
Creek East addition; south of Interlachen Glen addition; and east of Crystal Lake
Golf Club.
The final plat consists of 33 single- family lots within four blocks and two outlots
on 22.59 acres. The Developer will dedicate 1.18 acres as Highview Avenue
right -of -way. The outlots created with the final plat shall have the following
uses:
Outlot A: Storm water treatment basin and wetland preservation
area, to be deeded to the City (7.50 acres)
Outlot B: Storm water treatment basin and filtration basin, to be
deeded to the City (0.92 acres)
THE HAVEN AT HIGHVIEW
AUGUST 16, 2012
PAGE 2 OF 11
The proposed subdivision will be completed by:
Developer: Youngfield Homes
Engineer: Paramount Engineering and Design
Surveyor: Bohlen Surveying
SITE CONDITIONS
The Haven at Highview consists of a vacant, undeveloped agricultural field and
wetlands with moderate slopes. There is a row of trees and an existing
bituminous trail along the south boundary of the plat. The existing row of trees
is to remain. There is an existing bituminous driveway from Highview Avenue
that is to be removed. There is a large wetland along the western and northern
parcel boundaries and a smaller wetland located along Highview Avenue.
STREET AND SUBDIVISION LAYOUT
The Haven at Highview is located adjacent to transportation facilities under the
control of the City of Lakeville.
Highview Avenue
The Haven at Highview is west of and adjacent to Highview Avenue, a major
collector roadway and future parkway as identified in the City's Transportation
Plan. The Developer is proposing to dedicate the necessary 60 feet of half right -
of -way. The right -of -way dedication satisfies the right -of -way requirement.
Highview Avenue north of 172 Street is an existing two -lane rural road that
transitions to a four -lane urban road south of 172 Street. The Developer is
required to construct a southbound right -turn lane on Highview Avenue at 172
Street.
A cash fee for the future upgrade of Highview Avenue will be paid with the final
plat. The cash fee is calculated as follows:
794.79 f.f.
Front Footage along Highview Avenue
x $72.00 /f.f. = $57,224.88
Street Assessment Rate Total
172 Street
Development of The Haven at Highview includes the extension of 172 Street, a
local street. 172 Street provides the only access to Highview Avenue and
aligns with 172 Street on the east side of Highview Avenue. 172 Street is
designed as a 32 -foot wide, two -lane urban street with a 5 -foot concrete
sidewalk along one side. The Developer is dedicating 60 feet of right -of -way.
THE HAVEN AT HIGHVIEW
AUGUST 16, 2012
PAGE 3 OF 11
Hollyhock Avenue
Development of The Haven at Highview includes the construction and extension
of Hollyhock Avenue, a local street. Hollyhock Avenue is designed as a 32 -foot
wide, two -lane urban street with a 5 -foot concrete sidewalk along one side. The
Developer is dedicating 60 feet of right -of -way.
Hollyhock Court
Development of The Haven at Highview includes the construction of Hollyhock
Court, a local street with cul -de -sacs on both ends. Due to the environmentally
sensitive nature of the wetland to the north, Hollyhock Court is designed as a 28-
foot wide, two -lane urban street with a 5 -foot concrete sidewalk along one side
between Hollyhock Avenue and 172 Street. The Developer is dedicating 50
feet of right -of -way and establishing 15 -foot public drainage and utility
easements adjacent to the roadway. The cul -de -sac portions of Hollyhock Court
will be 45 -foot radii with 60 -foot rights -of -way.
The City reserves the right to increase the street sections at the time of
construction based upon site conditions. Building permits, except one model
home permit, for The Haven at Highview shall not be issued until the concrete
curb and gutter and bituminous base pavement have been installed.
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility and street construction
shall be restricted to the proposed 172 Street and Highview Avenue
intersection. No construction traffic shall access existing Hollyhock Avenue.
PARKS AND TRAILS
The City's Parks, Trails and Open Space Plan does not designate any area within
the proposed plat as future park land. Development of The Haven at Highview
includes the construction of public bituminous trails and public concrete
sidewalks. 5 -foot wide concrete sidewalks will be constructed along one side of
all local streets except the cul -de -sacs. There are existing 8 -foot wide public
bituminous trails adjacent to the southern plat boundary within existing
easements and on the east side of Highview Avenue.
The City's Parks, Trails and Open Space Plan identifies future 8 -foot wide public
bituminous trails along the west side of Highview Avenue. The Developer will
construct the trail from the southern plat boundary to 172 Street with the
development of The Haven at Highview. The Developer will be credited 3 /8ths
the construction costs, for the bituminous and aggregate base only, for the
portion of trail to be constructed. The Developer will rough -grade the trail base
within the westerly right -of -way of Holyoke Avenue and pay their 5 /8th portion
of the trail costs, consistent with the Subdivision Ordinance and City policy for
THE HAVEN AT HIGHVIEW
AuGusT 16, 2012
PAGE 4 of 11
the portion of the trail from 172 Street to the northern plat boundary. The
future trail will likely be constructed when Highview Avenue is reconstructed and
updated to an urban section adjacent to this portion of the plat.
The Highview Avenue Trail Construction Cash Fee is calculated as follows:
UTILITIES
SANITARY SEWER
$16,169.40
Total Estimated Cost
for Trail Construction
Along Highview Avenue
From 172n St. to North Plat Boundary
The Highview Avenue Trail Construction Credit is calculated as follows:
$4,925.00
Total Estimated Cost
for Trail Construction
Along Highview Avenue
From South Plat Boundary to 172n St.
Park Dedication Fee
Highview Ave. Future Trail Improvements
Less Credit for Highview Ave. Trail Improvements
Balance
x 5/8 = $10,105.90
Developer's Trail Total
Cost Portion
x 3/8 = $1,846.88
City's Trail Total
Cost Portion
The Park Dedication requirement has not been collected on the parent parcel
and will be satisfied through a cash contribution that will be paid with the final
plat. The Park Dedication fee is calculated as follows:
33 units x $3,532.00 /unit = $116,556.00
Single - Family Dwelling Units Park Dedication Fee Rate Total
The balance due the City for park dedication and trail improvements is calculated
as follows:
$116,556.00
$10,105.90
( -) $1,846.88
= $124,815.02
The Haven at Highview is located within subdistrict NC -20860 of the North Creek
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 /Apple Valley West Interceptor and continue to the Empire Wastewater
Treatment Facility. The downstream facilities have sufficient capacity to serve
the proposed subdivision. •
The Haven at Highview final plat includes a minor adjustment to sub - district NC-
20840 by adding the proposed lots. The Developer's engineer provided
THE HAVEN AT HIGHVIEW
AUGUST 16, 2012
PAGE 5 OF 11
calculations and supporting documentation showing that the existing City -owned
downstream facilities have sufficient capacity to serve the additional lots.
Development of The Haven at Highview includes the construction of public
sanitary sewer. 8 -inch sanitary sewer will be extended within the subdivision
from 8 -inch sanitary sewer located along the east side of Highview Avenue at
172 Street.
The Sanitary Sewer Area Charge has been previously collected on the parent
parcels; therefore no Sanitary Sewer Availability Charge will be collected.
WATERMAIN
Development of The Haven at Highview includes the construction of public lateral
watermain. 8 -inch watermain will be extended within the subdivision from
existing watermain located within Highview Avenue right -of -way to provide water
service to the Tots. The majority of the watermain will be connected to provide a
looped watermain system.
The proposed watermain layout is in accordance with the City's Comprehensive
Water Plan. Final locations and sizes of all sanitary sewer and watermain
facilities shall be reviewed by City staff with the final construction plans. The
sewer and watermain connections within Highview Avenue must be completed
on the same day and on a non - student contact day to minimize disruptions to
traffic. In association with MnOPS requirements, utility hook -ups for buildings
within The Haven at Highview shall not be permitted until the as -built electronic
files have been submitted and approved by City staff.
DRAINAGE AND GRADING
The Haven at Highview final plat lies within Subdistrict NC -47 of the North Creek
Drainage District, as identified in the City's Water Resources Management Plan.
A portion of the site is within the shoreland overlay district and the North Creek
floodplain.
Development of The Haven at Highview includes the construction of two public
stormwater basins and a public filtration basin to collect and treat the
stormwater runoff generated in the development. The stormwater basins and
filtration basin will provide water quality treatment, skimming and rate control of
the stormwater runoff generated within The Haven at Highview subdivision. The
public basins will be located within Outlots A and B (to be deeded to the City
with the final plat).
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for
deeding Outlots A and B to the City, consistent with City policy. The $46,310.00
THE HAVEN AT HIGHVIEW
AUGUST 16, 2012
PAGE 6 OF 11
credit is based on the area of Outlots A & B, and is calculated at the rate of
$5,500.00 per acre, and will be applied to The Haven at Highview final plat cash
fees.
The final grading plan must identify all fill lots in which the building footings will
be placed on fill material. The grading specifications must indicate that all
embankments meet FHA /HUD 79G specifications. The Developer shall certify to
the City that all lots with building footings placed on fill material are appropriately
constructed. Building permits will not be issued until an as -built certified grading
plan, including the buffer yard berms along Highview Avenue, have been
submitted and approved by City staff. The Developer shall provide elevation
certificates for all lots adjacent to the floodplain prior to the issuance of
certificate of occupancies.
The Haven at Highview site contains 2259 acres. 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.
RESIDENTIAL BUFFER YARD REOUIREMENTS
Highview Avenue is a major collector as identified in the City's Transportation
Plan. A buffer yard berm and landscaping screen with a combined height of 10
feet (including a minimum earth berm height of 4 feet) shall be provided
adjacent to Highview Avenue, as shown on the plans. A certified grading plan of
the buffer yard berms shall be submitted and approved by City staff prior to the
installation of any buffer yard plantings.
STORM SEWER
Development of The Haven at Highview includes public storm sewer
construction. 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 basins located within Outlots A and B.
Final storm sewer locations and sizes shall be reviewed by City staff with the final
construction plans. Draintile construction is required in areas of non - granular
soils within The Haven at Highview for the street sub -cut 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.
• V •
• c' r
THE HAVEN AT HIGHVIEW
AUGUST 16, 2012
PAGE 7 OF 11
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel
and will be paid with the final plat. The Trunk Storm Sewer Area Charge is
calculated as follows:
Gross Area of The Haven at Highview 983,911.00 s.f.
Less Area of Highview Avenue ROW ( -) 51,283.00 s.f
Less Area of Outlot A (Public Stormwater Basins) ( -) 326,700.00 s.f.
Less Area of Outlot B (Public Stormwater Basins) ( -) 40,253.00 s.f.
Total = 565,675.00 s.f.
WETLANDS
565,675.00 s.f.
Trunk Storm Sewer Area Charge
Less Credit for Outlots A & B
Balance
x $0.167/s.f. = $94,467.73
Net Area of The Haven at Highview Area Charge Total
The balance due the City for Trunk Storm Sewer Area Charge is calculated as
follows:
$94,467.73
( -) $46,310.00
= $48,157.73
The delineation for the site was approved on August 5, 2011. Two wetlands
were delineated on the site. The project proposes to fill 0.49 acres of the Type 1
wetland while avoiding the 5.98 acres of Type 2 wetland. The applicant is in the
process of purchasing 0.98 acres of wetland credits from a wetland bank to
replace the wetland impacts. The wetland replacement plan was approved
August 8, 2012.
The Developer is scheduled to dose on the purchase of the wetland banking
credits after the anticipated City Council approval of the final plat. The
Developer shall post a security in the amount of the wetland bank purchase
agreement which is $30,915.00. This security shall be released after the closing
of the wetland bank credit purchase. No filling of the wetland will be allowed
until we receive confirmation from BWSR that the wetland bank credits have
been purchased and officially withdrawn.
All wetlands and wetland buffers will be located in a City owned Outlot. Wetland
buffer posts will be installed along Outlot A one foot behind property corners. All
wetland and wetland areas that were previously disturbed by farming activity
must be established with MnDot wetland seed mix 328. The Developer shall post
a security in the amount of $5,700.00 for the establishment of the wetland
areas.
THE HAVEN AT HIGHVIEW
AUGUST 16, 2012
PAGE 8 OF 11
TREE PRESERVATION
A tree preservation plan has been submitted. The plan shows a total of 68
significant trees within the site. The plan proposes to save a total of 45 trees
(66 %). Tree preservation fencing must be placed outside the drip line of all save
trees.
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:
Lots 1, 2, 3 & 11, Block 3
Outlot A
Total
EROSION CONTROL
4 Lots @ $1,500.00
1 Outlot @ $1,000.00
$6,000.00
$1,000.00
$7,000.00
An erosion control plan has been submitted and includes the following:
• A rock construction entrance is included in the details.
• A seed /mulch specification that meets City requirements is included in
the erosion control notes.
• All 3:1 slopes will be stabilized with fiber blanket. PTR will be required
on all slopes greater than 3:1.
• A wetland seed mix is identified for storm water basins and filtration
areas.
• Silt fence will be installed to protect offsite areas from sediment
transport. Erosion control must be installed behind the curb once
small utilities are installed.
• Erosion control blankets will be installed on all storm water basin
slopes.
• Inlet protection is shown on the detail sheet and included in erosion
control notes. Wimco or approved equal will be used.
• The streets shall be cleared of debris at the end of each day. Street
sweeping shall be done weekly or more often as needed. Additional
sweeping will be required during the hauling process. All streets shall
be maintained to safe driving conditions.
The filtration areas must be kept off -line until the site is fully stabilized and
buildings are complete. Heavy equipment must be kept out of filtration areas to
THE HAVEN AT HIGHVIEW
AUGUST 16, 2012
PAGE 9 OF 11
avoid compaction. Once filtration and constructed wetland basins are graded,
silt fence will be installed around the perimeter to protect them from sediment.
A maintenance schedule for the first 2 years must be included in the final plat
plans. This includes mowing 2 to 3 times, 30 days apart during the first year
with the mower deck about 6 -8" off the ground. The second year the pond
areas must be mowed once before weeds set their seeds. This will reduce weed
establishment and help stimulate the desirable vegetation. This will cut down on
maintenance in the long -term.
Additional erosion control measures may be required during construction as
deemed necessary by City staff or the Dakota County Soil and Water District.
Additional measures shall be installed and maintained by the Developer. The
Developer is responsible for meeting the requirements of the MPCA NPDES
construction permit.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer -
installed improvements relating to Crescent Ridge Second Addition. Construction
costs are based upon estimates submitted by the Developer's engineer on
August 7, 2012.
CONSTRUCTION COSTS
Sanitary Sewer $ 112,395.11
Watermain 207,405.00
Storm Sewer 229,621.50
Street Construction 325,222.25
Erosion Control, Stormwater and Filtration Basins, 71,193.75
Restoration and Grading Certification
SUBTOTAL - CONSTRUCTION COSTS $ 945,837.61
OTHER COSTS
Developer's Design (6.0 %) $ 56,750.26
Developer's Construction Survey (2.5 %) 23,645.94
City's Legal Expense (0.5 %) 4,729.19
City Construction Observation (7.0 %) 66,208.63
Developer's Record Drawing (0.5 %) 4,729.19
Wetland Mitigation 36,615.22
Tree Preservation 7,000.00
Landscaping 49,805.00
Street Lights 7,500.00
Lot Corners /Iron Monuments 3,500.00
SUBTOTAL - OTHER COSTS $ 260,483.43
TOTAL PROJECT SECURITY $ 1,206,321.04
THE HAVEN AT HIGHVIEW
AuGusr 16, 2012
PAGE 10 OF 11
The street light security totals $7,500.00 which consists of one mast -arm street
light at $1,200.00 and seven post -top street lights at $900.00 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 / outlot for a total of $3,500.00. The City shall hold this security until the
Developer's land surveyor certifies that all irons have been placed following site
grading, utility and street construction.
CASH FEES
The cash fee for traffic control signs is $1,800.00 which includes one street and
stop sign, two street and stop signs with "no outlet ", one speed limit sign, and
one right lane must turn right sign. If the street posts are installed in frost
conditions, the Developer will pay an additional $150.00 at each street post
location.
A cash fee for one -year of streetlight operating expenses will be paid with the
final plat and is calculated as follows:
33 units x $7.65 /unit /qtr. x 4 qtrs. = $1,009.80
Dwelling Units Streetlight Operating Fee Total
A cash fee for one -year of surface water management expenses will be paid with
the final plat and is calculated as follows:
33 units x $7.00 /unit /qtr. x 4 qtrs. = $924.00
Dwelling Units Surface Water Management Fee Total
A cash fee for the preparation of record construction drawings and for upgrading
the City base map will be paid with the final plat and is calculated as follows:
35 lots x $75.00 /unit = $2,625.00
Lots /Outlots City Base Map Updating Fee Total
The Developer must submit the final plat and construction drawings in an
electronic format. The electronic format must be either a .dwg file (AutoCAD) or
a .dxf file. The Developer must 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 $28,375.13.
THE HAVEN AT HIGHVIEW
AUGUST 16, 2012
PAGE 110F 11
CASH REQUIREMENTS
Future Upgrade of Highview Avenue
Park Dedication Fee
Highview Ave. Future Trail Improvements
Trunk Storm Sewer Area Charge
Traffic Control Signs
Streetlight Operating Fee
Surface Water Management Fee
City Base Map Updating Fee
City Engineering Administration (3.00 %)
SUBTOTAL - CASH REQUIREMENTS
CREDITS TO THE CASH REQUIREMENTS
Highview Avenue Trail Construction
Outlots A and B (Deeded to the City)
SUBTOTAL - CREDITS TO THE CASH
REQUIREMENTS
TOTAL CASH REQUIREMENTS
RECOMMENDATION
$ 57,224.88
116,556.00
10,105.90
94,467.73
1,800.00
1,009.80
924.00
2,625.00
28,375.13
$ 313,088.44
$1,846.88
46,310.00
$ 48,156.88
$ 264,931.56
Engineering recommends approval of the final plat, grading plan, utility plan,
erosion control plan and tree preservation plan for The Haven at Highview,
subject to the requirements and stipulations within this report and the following:
• The Developer must submit elevation certificates for all Tots adjacent to
the special flood hazard area prior to the issuance of certificate of
occupancy.