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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 165529v2 1 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: 165529v2 2 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 165529v2 3 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 165529v2 4 165529v2 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 5 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 165529v2 6 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. 165529v2 7 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. 165529v2 8 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 165529v2 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: 165529v2 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 165529v2 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 165529v2 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 $1,000 cash escrow must be submitted with the building permit application to guarantee installation of the east side yard sod. 8 12. Impervious surface coverage for the portion of Lots 1, 2, 5, 6, 7 and 8, Block 1 and Lots 4 and 5, Block 4 that lie within the Shoreland Overlay District boundaries is limited to 25 %. word /plats/The Haven at Highview rezoning, preliminary plat 9 Proposed RS -3 en at Highview d Preliminary Plat 'sr RS -2 HOL'L'YBROOK'TR w ill 4 4* te : aN =ARTHSIDE'WAY a ■• ■■■■■ A P*: ■as x co Aan .............. ........... —A gtis p• .. 72 ITCS 11, 41111 I I r ■ #4 41P11 Olt I I ke m Dakota County, MN f Ott Aog„. • id itiir 1it Ci 111 r Haven a, ■ � la UZIO 75TH SI ORSt.S -L.. ;MEM 151. � ..v_.� '��`�o�'►� � :�► ghview.Preliminary Plat Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 834 feet EXHIBIT B A N LL 0 r I CO 8 g �XHIBIT C LoImLSIO 3OVdS N3d0 ONV 311Bfld 0 a 1 ba t a b d 8 5 h '-1 We. Q gat. e ^ems � 11 NAeji- a$�s °s: _�s& ;a 2 aE §mss =s3^ Sao of �I 33 r " r ffi 1 — — — I Mil c� I 0 I r) I .. 31-1 r) 0 h- I I ti I / I c� cl I , °+ n I I 1 I I c? 1 _, 0 1. 1O1NiS1O M1fJ3O1S3tl A d 3lONIS EStl L — — _ 1 — _(2._ J a � ^5o 3 5 N LL 0 N F— LU W C/) 6 C G gag! yepee M.� oorr 1OM1SIO 3OVdS N3d0 ONV 0118fld a 0.03. rn -- in 0 `.c o / �. 0 2 / I .( \ € t 4J \ r pI EXHIBIT D 1 ■ r r $, 1 OCIPP to IE 11 is ` t 110 .Y -, r,-Y, , m —1- '> 1 1 ` J i r r r , '4 i \ i r I I lit rywm M"r'r‘ li1 /aet1w E 1 } _ __ 11 / EXHIBIT E 1 ik 1 ! pi 1 1; I ill HOU og 0 . -- A EXHIBIT F 1 Ol )11: hi d 1� C°1 si 1- w w 1- (n 6 3 I J f1i! 1 ;ii 1 111 N J F w 1-- 0 J J 0 F- LOT LYE Lm LOT LINE 9 !8 = 0 m a LOT 2 9 1 l ( vTh /1 rYYYYI rY v YYI - -- 11 J /YYYI ry-y, ('(� I, I I I — r EXHIBIT G 1 -- - - - - - -- b a o D � . u�, „, .=- -- -- s Cg 8 EXHIBIT H 61700 60T3 3.3430■3 TIFIrS10610 1100631.130111730 Off 1:10116.0 164130163103 W. 116 1341_31001•117333301 1 i47p C1elE ■k ae 733611. zronls ans.. 03010 30 0333 unman yin 30011 133 SAVO 43 VIA 036■3300 30 103 190 164 SV3113 Tr. 7010013 6311116361 .11.0 /33 0133 .60.61 301 lalart31.1 63.734061,64.43 1313 31301033.3 1131313 . 9.13.11 V31/6 6003 161M 16363 NO6V/W106 ALIO g ,1 11 1111 A LAO OA, L /1044001610430 JO 113 00060 V 7313■1 1103403 3106033 V 543111 331V6 ARILS 103 101166111013 aim WAZIA111.1 171 A W6316633 A Eg 4 1 1 40 "PI 141 igre ihi a e qJ 14 g „ EE ;0 i g ° E E P E ` v ■ y r 4 E 9 $ii /11 C � 1R4 GI ip R t ib ' �� � Q lfe i�4',ia 11.1ii id ;8 rig! e • 1 I k 11 E 111 ! ` EXHIBIT I 1 9 g00000Ose e . fJ hill 1 . BY. tuttiiffll 6Y88C6GS88C888A88888688 r>E - • 22..,2 111111111i11111111 1118 1 1811 111 111111hlllautlnnt c883886888MS88C8 1 ---- , . 111 : ir Jd )\ )1' EXHIBIT J 1 411 B Ir N J 0 r3w i 1 J 91 L � I 6 E ' tf j�£� { his( aid 1�� 11011il , t?� f a' �f1iF ! '6iai - asiii '� + , z' t i les i ii a= �� ii �j i ,lii�;�jj { ! tsjieil I i I NI piilinii Ftli11i.iR4tii ! l11,a i liiiz • • o� " ° o b a \ - 1 - -- f A!t a 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. 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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.