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Item 09
December 13, 2012 Proposed Action Staff recommends adoption of the following motion: Move to approve: a) a resolution amending the Comprehensive Plan to bring property into the Current MUSA, 2) an ordinance rezoning property from RS -2 to RS -3, and 3) the preliminary plat of Rose Creek, and adopt the findings of fact. Passage of this motion will allow the development of 49 single family residential Tots. Overview Bart Winkler, representing Rose Lake Development, has submitted the preliminary plat of Rose Creek, which proposes 49 single family lots and three outlots on 29.73 acres of land located northwest of Dodd Boulevard (CSAH 9) and northeast of 183rd Street. In conjunction with the preliminary plat, Mr. Winkler has submitted applications for a Comprehensive Plan amendment to bring the property into the Current MUSA and a Zoning Map amendment to rezone the northerly portion of the property from RS -2 to RS -3. The Planning Commission held a public hearing on the Rose Creek preliminary plat, Comprehensive Plan amendment and rezoning applications at their December 6, 2012 meeting and unanimously recommended approval. There was no public comment. Staff recommends approval of the Rose Creek applications and adoption of the findings of fact. Primary Issues to Consider • Are there any issues associated with the Comprehensive Plan and Zoning Map amendments? Supporting Information • Staff analysis of issues • Resolution amending the Comprehensive Plan • Ordinance rezoning property • Findings of fact • December 6, 2012 draft Planning Commission minutes • December 5, 2012 draft Parks, Recreation and Natural Resources Committee minutes November 30, 2012 planning report and November 29, 2012 engineering report � Daryl rey, P ng Director Lakeville ummirminor ROSE CREEK PRELIMINARY PLAT DECEMBER 17, 2012 CITY COUNCIL MEETING Item No. Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances Notes: Rose Creek Preliminary Plat December 17, 2012 City Council Meeting Page 2 Staff Analysis of Issues • Are there any issues associated with the Comprehensive Plan and Zoning Map amendments? The subject property is located in MUSA Expansion Area A (not before 2010) on the Staged MUSA Expansion Areas Map. The Rose Creek preliminary plat lies adjacent to the south of the Zweber Farm and Andersons Century Farm single family neighborhoods. The northerly portion of Rose Creek can be served by gravity sanitary sewer located within these existing neighborhoods. The developer is proposing to install a temporary lift station to serve the remainder of the Rose Creek development as well as the City -owned property located to the west. The temporary lift station will preclude the need to truck in larger amounts of fill to raise the two sites up to allow more lots to be served by gravity sanitary sewer. City staff has studied MUSA Expansion Area A and prepared a draft policy to allow properties within MUSA Expansion Area A to develop. The MUSA Expansion Area A study and draft policy was presented to the City Council at their November 26, 2012 work session and to the Planning Commission at their December 6, 2012 work session and both supported amending the City's Comprehensive Plan to incorporate the policy. The Rose Creek preliminary plat meets the policy criteria. In addition, the Metropolitan Council considers the City's MUSA Expansion Area A as being open for development now and therefore does not require formal action on their part. As such, the decision to bring the Rose Creek preliminary plat into the Current MUSA for development is a City policy decision. The northerly portion of the Rose Creek preliminary plat is proposed to be rezoned from RS -2, Single Family Residential District (100 foot lot width and 15,000 square foot lot area) to RS -3, Single Family Residential District (85 foot lot width; 11,000 square foot lot area). Residential development demand today is mainly for smaller single family lots and the City has not approved a new RS -2 District development in almost eight years. In addition, the rezoning is consistent with the low density land use identified in the 2008 Comprehensive Plan. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO THE STAGED MUSA EXPANSION AREAS MAP OF THE COMPREHENSIVE PLAN WHEREAS, on December 6, 2012, the Lakeville Planning Commission met to consider the application of Rose Creek Development for a Comprehensive Plan amendment to bring PID 220170025020, located northwest of Dodd Boulevard (CSAH 9) and northeast of 183rd Street (see Exhibit A), into the Current MUSA. The Planning Commission conducted a public hearing on the proposed Comprehensive Plan amendment preceded by published and mailed notice and unanimously recommended approval; and WHEREAS, the Comprehensive Plan amendment meets the City's MUSA Expansion Area A draft study findings; and WHEREAS, the Comprehensive Plan amendment to bring the property into the Current MUSA from MUSA Expansion Area A (not before 2010) does not require Metropolitan Council approval; and WHEREAS, the City Council has considered the proposed Comprehensive Plan amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota: The Comprehensive Plan amendment will not have a substantial impact on or contain a substantial departure from Metropolitan System Plans. 2. The Comprehensive Plan amendment is hereby approved. DATED this 17th day of December, 2012. CITY OF LAKEVILLE BY: Mark Bellows, Mayor ATTEST: Charlene Friedges, City Clerk STATE OF MINNESOTA ) CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 17" day of December, 2012, as shown by the minutes of said meeting in my possession. 2 Charlene Friedges, City Clerk (SEAL) Dakota County, MN 11100. ft10\*# 21 g � . i iii n44ji 444 kt � r IN �i i� hail owl No se, • T l am! 4 ,L i - 4 ME! 416 Al illii laiiiiiiiiii a il 41is w Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. 1 inch = 800 feet EAMT A 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: AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE (THE ZONING ORDINANCE) TO REZONE PROPERTY FROM RS -2, SINGLE FAMILY RESIDENTIAL DISTRICT TO RS -3, SINGLE FAMILY RESIDENTIAL DISTRICT ATTEST: CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Lots 1 -5, Block 1; Lots 1 -5, Block 2; and Lots 1 -3, Block 3, Rose Creek 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 and publication and the recording of the Rose Creek final plat. Adopted by the Lakeville City Council this 17th day of December, 2012. Charlene Friedges, City Clerk CITY OF LAKEVILLE BY: Mark Bellows, Mayor CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ROSE CREEK ZONING MAP AMENDMENT FINDINGS OF FACT On December 6, 2012 the Lakeville Planning Commission met at its regularly scheduled meeting to consider a Zoning Map amendment to rezone property from RS -2, Single Family Residential District to RS -3, Single Family Residential District in conjunction with the preliminary plat of Rose Creek. The Planning Commission conducted a public hearing on the proposed Zoning Map amendment preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following findings of fact: 1. The Rose Creek property is currently zoned RS -2, Single Family Residential District and RST -2, Single and Two Family Residential District. The portion of the property zoned RS -2 is proposed to be rezoned to RS -3, Single Family Residential District. 2. The subject site is located in Comprehensive Planning District 2, which guides the property for low density residential use. 3. The legal description of the property proposed to be rezoned from RS -2 to RS -3 is: Lots 1 -5, Block 1; Lots 1 -5, Block 2; and Lots 1 -3, Block 3, Rose Creek 4. Chapter 3 of the City of Lakeville Zoning Ordinance provides that a Zoning Map amendment may not be issued unless certain criteria are satisfied. The criteria 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 proposed rezoning is consistent with the low density residential land use and District 2 recommendations identified in the 2008 Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. The proposed single family homes in the Rose Creek preliminary plat will be compatible with the existing single family homes in the Zweber Farm and Andersons 1 Century Farm neighborhoods to the north as well as the undeveloped, low density residential guided land to the west. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. The Rose Creek preliminary plat meets the performance standards contained in the Zoning and Subdivision ordinances. d. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The Rose Creek preliminary plat can be accommodated with the public services available to serve the subject property, with the installation of a temporary sanitary sewer lift station by the developer, and will not overburden the City's service capacity. e. Traffic generated by the proposed use is within capabilities of streets serving the property. The traffic generated by the Rose Creek preliminary plat will be within the capacity of the collector (Hyde Park Avenue) and arterial (Dodd Boulevard) streets that will serve this development. 5. The planning report dated November 30, 2012 prepared by Planning Director Daryl Morey is incorporated herein. DATED: December 17, 2012 2 CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk air Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Ha The pledge of allegiance to the flag was given. Membe Present: Chair Brooks Lillehei, Bob Boerschel , Paul Reuvers, Linda Maguire, rt Davis, Gerry Grenz (arrived at 6:05), Karl Drotning = and ex- officio Shawn Fitzhenry. Members Absen . None. Others Present: Da Morey, Planning Direct o Mark DuChene, Development Design Engineer; and Penny Br- ig, Recording Secrets 3. Announcements Mr. Morey stated that the slowing items w :re distributed to the Planning Commission at tonight's meeting: A. Draft motion from the Decemb- 5, Park :,.Recreation and Natural Resources Committee meeting regar• n t e Rose Creek preliminary plat. B. Revision to wording on page 10 of the ovember ::8 , 2012 Planning Commission meeting minut which Commissioner r• . ing is recommending. Mr. More y noted that,° rovided a Rose Creek preli ary plat is not tabled at tonight's ..:, meeting, the Decemb U 2012 'Planr nc Commission M eeting will be cancelled due to 4. Approval of the Meeting Minutes o Comssi rn ner Drotniii recommended that the following Chang = be made to page 10 of the November 8,:012 Planning Commission meeting minute ...The C traffic safe not lo if 5. Rose Creek CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES December 6, 2012 pon future evaluation of the impacts of electro •'c signs on choose to raise or lower the rate of change of the si•. display. The November 8, 2012 Planning Commission meeting minutes were approved Chair Lillehei opened the public hearing to consider the application of Rose Lake Development, Inc. for the following, located northwest of Dodd Boulevard (CR 9) and Planning Commission Meeting Minutes, December 6, 2012 Page 2 northeast of 183 Street: A. Comprehensive Plan amendment to bring property into the current MUSA. B. Zoning Map amendment to rezone property from RS -2, Single Family Residential District to RS -3, Single Family Residential District. C. Preliminary Plat of 49 single family lots to be known as Rose Creek. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Bart Winkler, representing Rose Lake Development, along with his engineer Joel Cooper from James R. Hill Engineering, were present at tonight's meeting and available for any questions from the Planning Commission and /or public. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that the Rose Creek preliminary plat consists of 49 single family lots. He indicated that there is a DNR designated tributary that bisects the subject property generally from east to west. Mr. Morey explained that the portion of the Rose creek preliminary plat located south of the tributary is wed RST -2, Single an, Two Family Residential District and is proposed for R District single family lots'sistent with the uses allowed by the Zoning Ordinance in,4he RST" - - 2 District. The portion of the Rose Creek preliminary plat located north of he trib utary is currently zoned RS -2, Single Family Residential District (x foot lot w ). The developer is proposing to rezone this portion to RS -3, Single Family Residential District (85 foot lot width). Mr. Morey stated that Planning Department aff suppo is rezoning request due to the fact that residential development, demand day is for smaller single family lots and that the :y has not approved a new ! S ;. Di r ict development in almost eight years, and the ng rezoni i s consistent with` th e low density land use identified in the ri��R ve Plan. fi ..,. Mr. Morey state at the subject e proper'ty is located in MUSA Expansion Area A. He indicated that the no ierly p ortion of ' Rose Creek can be served by gravity sanitary serer ; locates within the existing neighborhoods of Zweber Farm and Andersons Cenu r Fa The developer is proposing to install a temporary lift station at the end,of H d Court to serve the remainder of the Rose Creek Y development as we g as the i developed City owned property located to the west. The te lift status'. will be removed when the future trunk sanitary sewer line is extended . Mr. Morey i dicated that the developer will be responsible for 100% of the costsociated the temporary lift station and forcemain. Mr. Morey stat t City staff has prepared a draft policy to allow properties within MUSA Expansion` Area A to develop, which will be presented at tonight's work session. He indicated that the Rose Creek preliminary plat meets the policy criteria. Mr. Morey commented that the Metropolitan Council considers the City's MUSA Expansion Area A as being open for development now and therefore does not require formal action on their part. As such, the decision to bring the Rose Creek preliminary plat into the Current MUSA for development is a City policy decision. Planning Commission Meeting Minutes, December 6, 2012 Page 3 Mr. Morey reviewed the Rose Creek preliminary plat, including the lot area, width, and depth requirements, outlots, setbacks, streets, buffer yard berming and landscaping, tree preservation, shoreland overlay district, wetlands, and parks and trails, all outlined in the November 30, 2012 planning report. He indicated that the developer hosted a neighborhood meeting on June 28, 2012 where 12 -15 residents attended. The minutes from this meeting were included in the Planning Commission packets. The Parks, Recreation and Natural Resources Committee draft motion recommends approval of the Rose Creek preliminary plat and recommends the saving of as many oak trees as possible. Mr. Morey stated that Planning Department staff recommends approval of the Comprehensive Plan amendment, the Zoning Map amendment, and the preliminary plat of Rose Creek, subject to the 13 stipulations listed in the November 30, 2012 planning report. Chair Lillehei opened the hearing to the publ for comment. There were no comments from the audienc Motion was made by Davis, seconded by Maguire to close the public hearing at 6:25 p.m. Ayes: Reuvers, Maguire, Boerschel, Lillehei, Davis Grenz, Drotning. Nays: 0 -.,. Commission expansion schedul t, divided urb c onstruction Chair Lillehei as points were: the Planning Commission. Discussion • er euvers a for a clarification on the Dodd Boulevard arn e Dodd Boulevard improvement project is occur 'i� 2013 and will upgrade Dodd Boulevard to a four lane an R from 183 Street to Hayes Avenue, including the about at the Dodd Boulevard /Highview Avenue ersection and � eft and -'tight turn lanes at the Dodd Boulevard /Hyde Park nue intersection. The developer will be responsible for the right turn lane. Mr. Morey indicated thafiDodd Boulevard between Hayes Avenue and Cedar Avenue will be r*Ipcated tc align with 179 Street and will likely be completed when the existing 60 evelt p ed properties along the realigned segment are developed. • Commissioner renz asked how long the two cul -de -sacs were. Mr. Morey stated that the "'easterly cul -de -sac is exactly 600 feet and the westerly cul -de -sac is 570 feet, both meeting the Subdivision Ordinance requirement for length. • Mr. Morey confirmed for the Planning Commission that the official zoning for the southern portion of the Rose Creek plat is RST -2, Single and Two Family Residential District and is proposed for RS -4 District single family lots consistent with the uses allowed by the Zoning Ordinance in the RST -2 District. • Commissioner Davis asked Mr. DuChene to explain the City's requirements for new home construction on lots with fill. Mr. DuChene explained that the final Planning Commission Meeting Minutes, December 6, 2012 Page 4 grading plan must identify all Tots where the building footings will be placed on fill material. He stated that 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 a soils report and an as -built certified grading plan are submitted and approved by the building official. • Mr. Morey was asked to explain the street naming process. • The Planning Commission complimented the developer and staff for their excellent job on the design of this development on a tough site. Motion was made by Davis, seconded by Reuvers to recommend to City Council approval of the Comprehensive Plan amendment to bring the property into the Current MUSA, the Zoning Map amendment to rezone the „.northerly portion of the property from RS -2 to RS -3, and the Rose Creek preliminary plat, located northwest of Dodd Boulevard (CR 9) and northeast of 183 Street, subject to the following stipulations: 1. The recommendations Iisted in the November 29, 201 - = engineering report. .... 2. The recommendations of the Par Committee. 3. Outlots A and B shall be deeded to the G rith the Rose Creek final plat. 4. The developer must p purchase the portion of the City -owned property located within the Rose Creek's reliminarj plat boundaries prior to recording the . inal plat of otti � Bloc v and Lot 1, Block 2 must be designate as outlots on the linal'plat. 5. The d 'iveway access for Lot 1A, Block 5 must be off of Hydra Circle. The driveway access for Lot 18, Black 4 must be set back a minimum of 50 feet from , the Dod Bo ulevard right -of -way in compliance with Zoning rdinance.re eation and Natural Resources naround must`be constructed by the developer at the west end until it is extended in the future with the development of the adjacent City -owned property. In addition, the developer must install a barricade . h a "F#tore Street Extension” sign at the end of the 179 Street temporary turnaround. he houses to be constructed on Lots 3 -16, Block 4 and 5 -18, Block 5 t includes an attached three stall garage with corresponding front driveway parking apron. The curb cut opening shall not exceed 24 feet unless additional width is approved by the City Engineer. If Lot 2, Block 4 and/or Lot 4, Block 5 have driveway access off of Hydra Court or Hydra Circle, respectively, then the houses constructed on those lots must also have an attached three stall garage with corresponding front driveway parking apron. 8. A 15 foot wide drainage and utility easement is required in the front/side yards of Lots 1 -18, Block 4 and 1 -18, Block 5 abutting Hydra Court and Hydra Circle, respectively, Planning Commission Meeting Minutes, December 6, 2012 Page 5 9. Five foot wide concrete sidewalks must be constructed by the developer on both sides of Hyde Park Avenue, except for the segment on the west side north of 179 Street, and on the south side of 179 Street. 10. The developer must rough grade for the future construction of an eight foot wide bituminous trail on the north side of the DNR tributary within the Rose Creek plat. 11. Any subdivision identification signs must be monument style, not more than 10 feet in height and 100 square feet in area, and must be maintenance free or located within an outlot that is:owned and maintained by a homeowners association. A sign permit mist' be issued by the City prior to the installation of any subdivision identification signs. 12. The landscape plan must be revised to = .include,,plantings to screen the temporary lift station to be located .at the . end of Hydra Court. Landscaping must be installed consistent with the .;approved landscape plan. The developer must post a secrity to guarantee installation of the approved landscaping in an amoun �to be determined at. " the time of final plat. . 13. The rear /side yards of the ten lots abutting Dodd Boulevard must be sodded to the edge of the trail to be.*.rgiiCted on the north side of Dodd Boulevard with the 2013,. improvement project. A $1,000 cash escrow will be required to be subtililie with the bu permit applications for these ten lots to guarantee installation of the' ear /side yard sodding. This escrow will be in addition to the twi trees /lot and front/side yard sodding escrow required at the time of building per it all single family lots. *miss' Ayes: Maguire, Boerschel.Lillehei, Davis, Grenz, Drotning, Reuvers. Nays: 0 There being no furt The Planning Respectfully submitt Penny Brevig,l tiling Secretary Brooks Lillehei, Chair eting was adjourned at 6:35 p.m. %.immediately went into a work session. DRAFT CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE MEETING MINUTES December 5, 2012 it Kelly called the meeting to order at 6 p.m. in the Council Chambers at City Hall. Membe - resent: Tom Goodwin, Judy Hayes, Scott Kelly, Howard Lovelace, Jeanne Pete • n, Bob Swan Members Abse • Matt Dinslage, Jerry Zell Staff Present: Inters arks & Recreation Director John Hennen, Environmental Resources Manager Mac •.fferty, Recording Secretary Patty Ruedy 2. Approval of November 7, meeting minutes Minutes were approved as prese -d. 3. Citizen comments There were no citizen comments. 4. Staff report Brett Altergott, new Parks & Recreation Director, will s - • on Jan. 2, MN lronman Bike Ride will be moving to Washington County after 13 ye- in Lakeville. Holiday Bazaar and Santa's Secret Store were very successful events past weekend. Lovelace inquired about the fishing piers in Lake Marion. Staff exp -' ed that the docks will now be floated away from the shore in the winter to prevent da - .e from 5. Rose Creek preliminary plat Staff reviewed the plat and pointed out where the DNR drainageway will be located. Goodwin inquired about the future trail. Staff replied that the trail will be created on the north side of Dodd Blvd. up to Highview Avenue. Goodwin also inquired about the large grove of trees that will be removed. He requested the developer save the oak trees where possible, especially at the rear of lots. Staff will look at the plan again and speak to developer about it. Motion made by Goodwin, seconded by Peterson to recommend City Council consider approval of Rose Creek preliminary plat subject to the City's Engineering Report dated November 29, 2012 and Planning Report dated November 30, 2012. Developer is being requested to review the tree preservation plan prior to final plat, with the goal of saving any additional large oak trees where possible and protect them accordingly through the grading process and tree preservation fencing. Ayes- Unanimous 6. Dakota Coun ' ' • king with a landscaping architectural firm, Hoisington Koegler Group, on the Lake Ma • h Creek Greenway master planning process. Dakota County staff will be attending - : • 2 meeting to provide committee members an update on the master planning process. Memorandum City of Lakeville Planning Department To: Planning Commission From: Daryl Morey, Planning Directo( V Date: November 30, 2012 Subject: Packet Material for the December 6, 2012 Planning Commission Meeting Agenda Item: Rose Creek Preliminary Plat Application Action Deadline: February 9, 2013 INTRODUCTION ItemNo. 5 Bart Winkler, representing Rose Lake Development, has submitted a preliminary plat application and plans for Rose Creek, which consists of 49 single family lots and three outlots on 29.73 acres of land located northwest of Dodd Boulevard (CSAH 9) and northeast of 183rd Street (see Exhibit A). In conjunction with the preliminary plat, Mr. Winkler has submitted applications for a Comprehensive Plan amendment to bring the property into the Current MUSA and a Zoning Map amendment to rezone the northerly portion of the property from RS -2 to RS -3. The Rose Creek preliminary plat plans have been distributed to Engineering and Parks and Recreation staff as well as the Parks, Recreation and Natural Resources Committee for review and comment. EXHIBITS Exhibit A - Aerial Location Map Exhibit B - Staged MUSA Expansion Areas Map Exhibit C - Zoning Map Exhibit D - Existing Conditions (4 sheets) Exhibit E - Preliminary Plat Exhibit F - Ghost Plat Exhibit G - Preliminary Erosion & Sediment Control Plan (4 sheets) Exhibit H - Preliminary Grading & Drainage Plan (4 sheets) Exhibit I - Preliminary Grading & Utility Plan (4 sheets) Exhibit J - Preliminary Striping Detail Rose Creek Preliminary Plat, Comp. Plan Amendment and Rezoning December 6, 2012 Planning Commission Meeting Exhibit K - Preliminary Utility Plan (4 sheets) Exhibit L - Preliminary Tree Preservation Plan (5 sheets) Exhibit M - Preliminary Landscape Plan Exhibit N - Dakota County Plat Commission Letter Exhibit O - Neighborhood Meeting Notes Exhibit P - Findings of Fact PLANNING ANALYSIS Current Conditions. The subject property is currently being farmed for pumpkins. There is a DNR designated tributary that bisects the property generally from east to west. There is a small stand of trees in the middle of the property, south of the tributary. The portion of the Rose Creek preliminary plat located south of the tributary is zoned RST -2, Single and Two Family Residential District and is proposed for RS -4 District single family lots consistent with the uses allowed by the Zoning Ordinance in the RST -2 District. The portion of the Rose Creek preliminary plat located north of the tributary is zoned RS -2, Single Family Residential District but is proposed to be rezoned to RS -3, Single Family Residential District which is consistent with the 2008 Comprehensive Plan. Adjacent Land Uses /Zoning. The adjacent land uses and zoning are as follows: North - Single family homes (RS -2) East - Undeveloped (RS -4) South - Dodd Boulevard and undeveloped (ROW and RST -2) West - Police station and undeveloped City -owned property (P -OS, RS -3 and RS -2) Ghost Plat. The developer has prepared a ghost plat showing street connections and single family lots for the future development of the City -owned property to the west (see Exhibit F). The development of Rose Creek and the City -owned property will complete the in -fill development of the existing undeveloped land located northwest of Dodd Boulevard, east of Ipava Avenue, and north of 185th Street (CSAH 60), except for the 6.67 acre Lova Anderson family farmstead located directly north of Eastview Elementary School. The triangular shaped parcel located directly across Dodd Boulevard and north of King Park, which is zoned RST -2, is also owned by Mr. Winkler. Comprehensive Plan Amendment The subject property is located in MUSA Expansion Area A (not before 2010) on the Staged MUSA Expansion Areas Map (see Exhibit B). The Rose Creek preliminary plat lies adjacent to the south of the Zweber Farm and Andersons Century Farm single family neighborhoods. The northerly portion of Rose Creek can be served by gravity sanitary sewer located within these existing neighborhoods. The developer is proposing to install a temporary lift station to serve 2 Rose Creek Preliminary Plat, Comp. Plan Amendment and Rezoning December 6, 2012 Planning Commission Meeting the remainder of the Rose Creek development as well as the City -owned property located to the west. The temporary lift station, which will be located at the end of Hydra Court, will preclude the need to truck in larger amounts of fill to raise the two sites up to allow more lots to be served by gravity sanitary sewer. City staff has prepared a draft policy to allow properties within MUSA Expansion Area A to develop. This policy will be presented to the Planning Commission at the December 6, 2012 work session. The Rose Creek preliminary plat meets the policy criteria. It should be pointed out that the Metropolitan Council considers the City's MUSA Expansion Area A as being open for development now and therefore does not require formal action on their part. As such, the decision to bring the Rose Creek preliminary plat into the Current MUSA for development is a City policy decision. Zoning Map Amendment The portion of the Rose Creek preliminary plat located north of the DNR tributary is currently zoned RS -2, Single Family Residential District (100 foot lot width; 15,000 square foot lot area) - see Exhibit C. This is consistent with the zoning of the Tots in the adjacent Zweber Farm and Andersons Century Farm neighborhoods to the north. The developer is proposing to rezone this portion of the Rose Creek preliminary plat to RS -3, Single Family Residential District (85 foot lot width; 11,000 square foot lot area). Given that residential development demand today is for smaller single family lots and that the City has not approved a new RS -2 District development in almost eight years, and given that the proposed rezoning is consistent with the low density land use identified in the 2008 Comprehensive Plan, Planning Department staff supports this rezoning request. Findings of fact in support of the rezoning are attached (see Exhibit P). Preliminary Plat 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. The criteria pertain to a lack of adequate drainage, water, streets, sanitary sewer and public service capacity (i.e. recreation facilities, police and fire protection), or inconsistency with the Comprehensive Plan, Capital Improvement Plan or Metropolitan Council Environmental Services policies. The Rose Creek preliminary plat is not considered a premature subdivision given these criteria. Phasing. The Rose Creek preliminary plat is proposed to be developed in one phase. Density. The Rose Creek preliminary plat proposes 49 lots on 29.73 acres for a gross density of 1.65 dwelling units /acre. The net density, minus street right -of -way and outlots, is 3.4 dwelling units /acre. 3 Rose Creek Preliminary Plat, Comp. Plan Amendment and Rezoning December 6, 2012 Planning Commission Meeting Lots. The Rose Creek preliminary plat consists of 49 single family lots on five blocks. The 36 lots in the southerly portion of the preliminary plat will be subject to the RS -4 District single family lot area and width requirements as allowed in the RST -2 District and the 13 lots in the northerly portion of the preliminary plat will be subject to the lot area and width requirements of the proposed RS -3 District rezoning, if approved. In addition, the lots abutting Dodd Boulevard are subject to the buffer yard requirements of Section 11- 21 -9.E.1 of the Zoning Ordinance. The lot area, width and depth requirements for the proposed RS -3 and RS -4 district lots in the Rose Creek preliminary plat are as follows: All 49 lots in the preliminary plat meet the respective RS -3 or RS -4 district lot area, width and depth requirements. In addition, a maximum building coverage of 40% is allowed for the RS -4 District lots. A small portion of Lot 5, Block 1; Lot 1, Block 2; and 179th Street lie within the adjacent City -owned property due mainly to the west line of the subject property running at an angle. The developer must purchase this portion of the City -owned property at fair market value prior to recording of the Rose Creek final plat or Lot 5, Block 1 and Lot 1, Block 2 must be designated as outlots on the Rose Creek final plat. Outlots. The Rose Creek preliminary plat proposes three outlots as follows: Outlot A: Includes the DNR tributary and adjacent wetland area, and proposed stormwater treatment and infiltration basins (6.54 acres). Will be deeded to the City with the final plat. Outlot B: Includes the DNR tributary and adjacent wetland area (2.26 acres). Will be deeded to the City with the final plat. Outlot C: A small remnant parcel that will be retained by the developer (0.01 acres) to be included in a future single family lot when the City -owned property develops. The developer will receive a $5,500 /acre credit for deeding Outlots A and B to the City. The exact amount of the credit will be determined with the final plat. Setbacks. The house setback requirements for the proposed RS -3 and RS -4 district lots in the Rose Creek preliminary plat are as follows: 4 Lot Area (Interior) Lot Area (Corner) Lot Width (Interior) Lot Width (Corner) Lot Width (Buffer) Lot Depth (Buffer) RS - 3 11,000 s.f. 12,500 s.f. 85 feet 100 feet NA NA RS - 4 8,400 s.f. 10,200 s.f. 70 feet 85 feet 110 feet 150 feet Rose Creek Preliminary Plat, Comp. Plan Amendment and Rezoning December 6, 2012 Planning Commission Meeting Lots. The Rose Creek preliminary plat consists of 49 single family lots on five blocks. The 36 lots in the southerly portion of the preliminary plat will be subject to the RS -4 District single family lot area and width requirements as allowed in the RST -2 District and the 13 lots in the northerly portion of the preliminary plat will be subject to the lot area and width requirements of the proposed RS -3 District rezoning, if approved. In addition, the lots abutting Dodd Boulevard are subject to the buffer yard requirements of Section 11- 21 -9.E.1 of the Zoning Ordinance. The lot area, width and depth requirements for the proposed RS -3 and RS -4 district lots in the Rose Creek preliminary plat are as follows: All 49 lots in the preliminary plat meet the respective RS -3 or RS -4 district lot area, width and depth requirements. In addition, a maximum building coverage of 40% is allowed for the RS -4 District lots. A small portion of Lot 5, Block 1; Lot 1, Block 2; and 179th Street lie within the adjacent City -owned property due mainly to the west line of the subject property running at an angle. The developer must purchase this portion of the City -owned property at fair market value prior to recording of the Rose Creek final plat or Lot 5, Block 1 and Lot 1, Block 2 must be designated as outlots on the Rose Creek final plat. Outlots. The Rose Creek preliminary plat proposes three outlots as follows: Outlot A: Includes the DNR tributary and adjacent wetland area, and proposed stormwater treatment and infiltration basins (6.54 acres). Will be deeded to the City with the final plat. Outlot B: Includes the DNR tributary and adjacent wetland area (2.26 acres). Will be deeded to the City with the final plat. Outlot C: A small remnant parcel that will be retained by the developer (0.01 acres) to be included in a future single family lot when the City -owned property develops. The developer will receive a $5,500 /acre credit for deeding Outlots A and B to the City. The exact amount of the credit will be determined with the final plat. Setbacks. The house setback requirements for the proposed RS -3 and RS -4 district lots in the Rose Creek preliminary plat are as follows: 4 Rose Creek Preliminary Plat, Comp. Plan Amendment and Rezoning December 6, 2012 Planning Commission Meeting Proposed house pads are shown on the preliminary grading plans. All 49 lots in the preliminary plat meet the respective RS -3 or RS -4 district building setback requirements. Streets. The Rose Creek preliminary plat abuts Dodd Boulevard (CSAH 9), which is designated as an A -Minor Arterial (150 foot right -of -way width) in the City's Transportation Plan. The preliminary plat identifies a 75 foot north half right -of -way dedication for Dodd Boulevard consistent with the Transportation Plan. Dodd Boulevard will be upgraded to a four -lane divided urban roadway in 2013 as part of a Dakota County improvement project that includes the construction of a roundabout at the Dodd Boulevard /Highview Avenue intersection. Left and right turn lanes will be constructed at the Dodd Boulevard /Hyde Park Avenue intersection. The Rose Creek preliminary plat includes the construction of the following streets: Hyde Park Avenue will be extended to the south from its existing terminus in the Zweber Farm subdivision to intersect with Dodd Boulevard. Hyde Park Avenue, which is designated as a minor collector in the City's Transportation Plan, intersects with major collector 175th Street to the north in the Zweber Farm (a /k/a Stonebrooke) neighborhood. The existing segment of Hyde Park Avenue between 175th Street and the Rose Creek preliminary plat does not include sidewalks. The preliminary plat proposes 66 feet of right -of -way for Hyde Park Avenue at the north end in order to match the existing right -of -way and street section in Zweber Farm and tapering up to an 80 foot right -of -way south of 179th Street consistent with the current requirements for a minor collector with sidewalks. Left and right turn lanes will be constructed by the developer on Hyde Park Avenue at the Dodd Boulevard intersection (see Exhibit J). Five foot wide concrete sidewalks will be constructed by the developer on both sides of Hyde Park Avenue, except for the segment on the west side north of 179th Street. The City will need to extend the sidewalk on the east side of Hyde Park Avenue north to Hickory Trail in the Zweber Farm subdivision. Planning and engineering staff recommend that the driveway access for Lot 18, Block 5 be off of Hydra Circle. The driveway access for Lot 18, Block 4 must be setback a minimum of 50 feet from the Dodd Boulevard right -of -way consistent with Zoning Ordinance requirements. 179th Street is a local street extending west of Hyde Park Avenue that will serve the proposed RS -3 District lots in the northerly portion of the preliminary plat. 179th Street will be extended to the west with the development of the City -owned property to intersect with the southerly extension of Idawood Path from the Andersons Century Farm subdivision. A 60 foot right -of- 5 Front Side (Interior) Side (Corner) Side (Buffer) Rear Rear (Buffer) RS - 3 30 feet 10 feet 20 feet 30 feet 30 feet 50 feet RS - 4 20 feet (house) 25 feet (garage) 7 feet 20 feet 30 feet 30 feet 50 feet Rose Creek Preliminary Plat, Comp. Plan Amendment and Rezoning December 6, 2012 Planning Commission Meeting Proposed house pads are shown on the preliminary grading plans. All 49 lots in the preliminary plat meet the respective RS -3 or RS -4 district building setback requirements. Streets. The Rose Creek preliminary plat abuts Dodd Boulevard (CSAH 9), which is designated as an A -Minor Arterial (150 foot right -of -way width) in the City's Transportation Plan. The preliminary plat identifies a 75 foot north half right -of -way dedication for Dodd Boulevard consistent with the Transportation Plan. Dodd Boulevard will be upgraded to a four -lane divided urban roadway in 2013 as part of a Dakota County improvement project that includes the construction of a roundabout at the Dodd Boulevard /Highview Avenue intersection. Left and right turn lanes will be constructed at the Dodd Boulevard /Hyde Park Avenue intersection. The Rose Creek preliminary plat includes the construction of the following streets: Hyde Park Avenue will be extended to the south from its existing terminus in the Zweber Farm subdivision to intersect with Dodd Boulevard. Hyde Park Avenue, which is designated as a minor collector in the City's Transportation Plan, intersects with major collector 175th Street to the north in the Zweber Farm (a /k/a Stonebrooke) neighborhood. The existing segment of Hyde Park Avenue between 175th Street and the Rose Creek preliminary plat does not include sidewalks. The preliminary plat proposes 66 feet of right -of -way for Hyde Park Avenue at the north end in order to match the existing right -of -way and street section in Zweber Farm and tapering up to an 80 foot right -of -way south of 179th Street consistent with the current requirements for a minor collector with sidewalks. Left and right turn lanes will be constructed by the developer on Hyde Park Avenue at the Dodd Boulevard intersection (see Exhibit J). Five foot wide concrete sidewalks will be constructed by the developer on both sides of Hyde Park Avenue, except for the segment on the west side north of 179th Street. The City will need to extend the sidewalk on the east side of Hyde Park Avenue north to Hickory Trail in the Zweber Farm subdivision. Planning and engineering staff recommend that the driveway access for Lot 18, Block 5 be off of Hydra Circle. The driveway access for Lot 18, Block 4 must be setback a minimum of 50 feet from the Dodd Boulevard right -of -way consistent with Zoning Ordinance requirements. 179th Street is a local street extending west of Hyde Park Avenue that will serve the proposed RS -3 District lots in the northerly portion of the preliminary plat. 179th Street will be extended to the west with the development of the City -owned property to intersect with the southerly extension of Idawood Path from the Andersons Century Farm subdivision. A 60 foot right -of- 5 Rose Creek Preliminary Plat, Comp. Plan Amendment and Rezoning December 6, 2012 Planning Commission Meeting way width is identified for 179th Street in compliance with Subdivision Ordinance requirements. A five foot wide concrete sidewalk will be constructed by the developer on the south side of 179th Street as shown on the preliminary plat plans. A temporary turnaround must be constructed by the developer at the west end of 179th Street until it is extended in the future with the development of the adjacent City -owned property. In addition, the developer must install a barricade with a "Future Street Extension" sign at the end of the 179th Street temporary turnaround. Hydra Court and Hydra Circle are cul -de -sac streets that will serve the RS -4 District lots in the southerly portion of the preliminary plat. Both cul -de -sac streets have a 50 foot right -of -way width and a 60 foot turnaround radius as allowed by the Subdivision Ordinance for environmentally sensitive areas. These cul -de -sac streets are justified due to Dakota County's access restrictions on Dodd Boulevard and to reduce impacts (i.e. crossings) on the DNR tributary. The reduced right -of -way width is justified due to reduce impacts to the DNR tributary and the adjacent wetland areas. The reduced cul -de -sac right -of -way and street width is allowed subject to the following conditions listed in Section 10- 4- 3.S.4.b of the Subdivision Ordinance: 1. All lots shall meet or exceed the minimum standards for the applicable zoning district. This requirement is met given approval of the Comprehensive Plan and Zoning Map amendments. 2. All houses shall have an attached accessory garage of three (3) stalls with corresponding front driveway parking apron. The curb cut opening on the street shall, however, meet established standards. This requirement is listed as a stipulation of preliminary plat approval. 3. The required drainage and utility easement in the front yards of lots shall be not less than fifteen feet (15'). A 15 foot front yard drainage and utility easement is shown on the preliminary plat for all of the lots fronting Hydra Court and Hydra Circle. This requirement is also listed as a stipulation of preliminary plat approval. 4. All custom graded lots shall have a custom grading plan, tree preservation plan, and pre- approved site /building plan prior to the issuance of building permits. These lots are not proposed to be custom graded. 5. The cul -de -sac length shall not exceed six hundred feet (600'). 6 Rose Creek Preliminary Plat, Comp. Plan Amendment and Rezoning December 6, 2012 Planning Commission Meeting Hydra Court and Hydra Circle meet the minimum (150 feet) and maximum (600 feet) cul -de -sac length requirements of the Subdivision Ordinance. 6. Any reduction in front yard setbacks shall be processed according to the provisions of the Zoning Ordinance. No front yard setback reductions are proposed. Because the Rose Creek preliminary plat abuts Dodd Boulevard (CSAH 9), the Dakota County Plat Commission reviewed the preliminary plat at their July 30, 2012 meeting. The preliminary plat was subsequently revised to add the 13 single family lots north of the DNR tributary but since those lots do not abut Dodd Boulevard it does not impact the Plat Commission's comments listed in their July 30, 2012 letter (see Exhibit N). Buffer Yard Berming /Landscaping. Ten lots abut Dodd Boulevard and are subject to the buffer yard screening requirements of Section 11- 21 -9.E.6 of the Zoning Ordinance. The developer has submitted a landscape plan showing a mixture of coniferous and deciduous trees to be planted in the buffer yards of these ten lots (see Exhibit M). In addition, berming is proposed in the buffer yards of those lots where the grades adjacent to Dodd Boulevard are conducive for berming. The proposed berming and landscaping meets the buffer yard requirements that are included in the Phase 3 Zoning Ordinance amendment scheduled for the December 3, 2012 City Council meeting. Planning Department staff recommends that the rear /side yards of the ten lots abutting Dodd Boulevard be sodded to the edge of the trail to be constructed on the north side of Dodd Boulevard with the 2013 improvement project. A $1,000 cash escrow will be required to be submitted with the building permit applications for these ten lots to guarantee installation of the rear /side yard sodding. This escrow will be in addition to the two trees /lot and front /side yard sodding escrow required at the time of building permit for all single family lots. The landscape plan must be revised to include plantings to screen the temporary lift station located at the end of Hydra Court. Subdivision Identification Sign. A subdivision identification sign is identified on the landscape plan on Lot 18, Block 5 at the intersection of Dodd Boulevard and Hyde Park Avenue. This sign must be a monument sign, no more than 10 feet in height and 100 square feet in area, and must be maintenance free or located within an outlot that is owned and maintained by a homeowners association. A sign permit must be issued by the City prior to the installation of any subdivision identification signs. Grading, Drainage, Erosion Control, and Utilities. Grading, drainage, erosion control, and utilities plans (see Exhibits G, H, I, and K) have been submitted for the Rose Creek preliminary plat. The preliminary plat plans have been forwarded to engineering staff for review. A copy of Rose Creek Preliminary Plat, Comp. Plan Amendment and Rezoning December 6, 2012 Planning Commission Meeting the November 29, 2012 engineering report prepared by Development Design Engineer Mark DuChene and Environmental Resources Manager McKenzie Cafferty is attached. Shoreland Overlay District. The area of the subject property located within 300 feet of the DNR tributary falls within the shoreland overlay district as identified on the preliminary plat plans. The shoreland overlay district requires a 50 foot building setback and maximum 25% impervious surface area for that portion of Rose Creek located within 300 feet of the centerline of the creek. Tree Preservation. A tree preservation plan (see Exhibit L) has been submitted for the Rose Creek preliminary plat. The plan identifies 529 significant trees located within the preliminary plat and proposes to save 138 (26 %). The significant trees are predominately boxelder, cottonwood, elm, and willow and are primarily located in a stand in the central portion of the site and along the DNR tributary. The tree preservation plan proposes to save all of the significant trees along the DNR tributary, except for the Hyde Park Avenue crossing of the tributary. The stand of trees in the central portion of the site will be removed due to the extension of minor collector Hyde Park Avenue consistent with the City's Transportation Plan and to bring this area of the site up to the appropriate grades to allow the development of the adjacent single family lots. The tree preservation plan has been reviewed by engineering staff and is discussed in the November 29, 2012 engineering report. Wetlands. There are wetlands adjacent to the DNR tributary as shown on the preliminary plat plans. The only wetland impact (0.17 acres) is due to the extension of the Hyde Park Avenue minor collector consistent with the City's Transportation Plan. The developer is proposing to purchase 0.34 acres of wetland credits to meet the wetland replacement requirement. Wetlands are discussed in more detail in the November 29, 2012 engineering report. Parks and Trails. The Parks, Trails and Open Space Plan does not identify any parks within the Rose Creek preliminary plat. As such, a cash fee will be required with the final plat. The plan identifies a greenway corridor trail along the DNR tributary as well as multi - purpose trailways along Dodd Boulevard. The preliminary plat plans identify the future construction of an eight foot wide bituminous trail on the north side of the DNR tributary from Hyde Park Avenue to the east plat boundary. The developer will rough grade this future greenway corridor trail with the Rose Creek development. The developer must also rough grade for the future construction of an eight foot wide bituminous trail on the north side of the DNR tributary west of Hyde Park Avenue to the west plat boundary. In addition, an eight foot wide bituminous trail will be constructed on the north side of Dodd Boulevard from 183rd Street to Hayes Avenue with the 2013 improvement project that includes a roundabout at the Dodd Boulevard /Highview Avenue intersection. The developer will be responsible for rough grading the trail base and 5 /8ths of the trail construction costs. 8 Rose Creek Preliminary Plat, Comp. Plan Amendment and Rezoning December 6, 2012 Planning Commission Meeting The Parks, Recreation and Natural Resources Committee will review the Rose Creek preliminary plat at their December 5, 2012 meeting. Their recommendation will be forwarded to you the night of the public hearing. Neighborhood Meeting. The developer hosted a neighborhood meeting on June 28, 2012 at the City's Water Treatment Facility. Approximately 12 -15 residents attended the neighborhood meeting. City planning and engineering staff were also in attendance. The questions and comments raised by the neighbors in attendance at the neighborhood meeting and the development team and City staff responses are included in my July 5, 2012 memorandum (see Exhibit 0). RECOMMENDATION Planning Department staff recommends approval of the Comprehensive Plan amendment to bring the property into the Current MUSA, the Zoning Map amendment to rezone the northerly portion of the property from RS -2 to RS -3, and the preliminary plat of Rose Creek subject to the following stipulations: 1. The recommendations listed in the November 29, 2012 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. Outlots A and B shall be deeded to the City with the Rose Creek final plat. 4. The developer must purchase the portion of the City -owned property located within the Rose Creek preliminary plat boundaries prior to recording the final plat or Lot 5, Block 1 and Lot 1, Block 2 must be designated as outlots on the final plat. 5. The driveway access for Lot 18, Block 5 must be off of Hydra Circle. The driveway access for Lot 18, Block 4 must be setback a minimum of 50 feet from the Dodd Boulevard right -of -way in compliance with Zoning Ordinance requirements. 6. A temporary turnaround must be constructed by the developer at the west end of 179th Street until it is extended in the future with the development of the adjacent City -owned property. In addition, the developer must install a barricade with a "Future Street Extension" sign at the end of the 179th Street temporary turnaround. 7. The houses to be constructed on Lots 3 -16, Block 4 and 5 -18, Block 5 must include an attached three stall garage with corresponding front driveway parking apron. The curb cut opening shall not exceed 24 feet unless additional width is approved by the City Engineer. If Lot 2, Block 4 and /or Lot 4, Block 5 have driveway access off of Hydra Court or 9 Rose Creek Preliminary Plat, Comp. Plan Amendment and Rezoning December 6, 2012 Planning Commission Meeting Hydra Circle, respectively, then the houses constructed on those lots must also have an attached three stall garage with corresponding front driveway parking apron. 8. A 15 foot wide drainage and utility easement is required in the front /side yards of Lots 1 -18, Block 4 and 1 -18, Block 5 abutting Hydra Court and Hydra Circle, respectively. 9. Five foot wide concrete sidewalks must be constructed by the developer on both sides of Hyde Park Avenue, except for the segment on the west side north of 179th Street, and on the south side of 179th Street. 10. The developer must rough grade for the future construction of an eight foot wide bituminous trail on the north side of the DNR tributary within the Rose Creek plat. 11. Any subdivision identification signs must be monument style, not more than 10 feet in height and 100 square feet in area, and must be maintenance free or located within an outlot that is owned and maintained by a homeowners association. A sign permit must be issued by the City prior to the installation of any subdivision identification signs. 12. The landscape plan must be revised to include plantings to screen the temporary lift station to be located at the end of Hydra Court. Landscaping must be installed consistent with the approved landscape plan. The developer must post a security to guarantee installation of the approved landscaping in an amount to be determined at the time of final plat. 13. The rear /side yards of the ten lots abutting Dodd Boulevard must be sodded to the edge of the trail to be constructed on the north side of Dodd Boulevard with the 2013 improvement project. A $1,000 cash escrow will be required to be submitted with the building permit applications for these ten Tots to guarantee installation of the rear /side yard sodding. This escrow will be in addition to the two trees /lot and front /side yard sodding escrow required at the time of building permit for all single family lots. 10 Dakota County, MN 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. Dakota County assumes no legal responsibility for the information contained in this data. 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E!!! ltFltlEEltltltltil8i111f1Eiiiiii€ ii0i10i11i101iiliilllliilliliiiilitlillilllill iii Ili ••r.w.rg4 ward1.1E1dfrap./Ie0'I..1.1 1ee3sl4 911,TK 0 ISO :s1 50199 M 1..d 14.9 e..estl' Saul BuiumlduOle•O sN.4•1.e8-s1n eiNaly sd.aspen all 'dnoJe uBissa xLIsa L trzymmr...-4 ...... rw�4wMti�.w�i ' ttOSS NYI '3111A3MV1 'A IS 51591 OLSOL .I.N31NdO TAaa ?IMMIX tl03 NV9d acTURINVI DIVNDRIMId V10530N01 '311n3HV1 6 uJ 0 z t= 3 0. w w 1 - D 0 W 1 0 0 Z 1. 0 z 1 ° a m 0 ~ n O� z 0 W 5> t 1 1 I I 1 i i I 1 1 1 i 1 i 1 ' 1 1 1 i 1 111 11 1' 1 11 1 1 I iI 1 1 1 I I il 11 1 1 1 i 1 1 t i s i f II t i' it 1 l I l i , 1 Ill lt' il 1 31 1 1 i 'jiiiii, iii III 1 i 1 P1 it l I 1 Is 111 i i j�l !�i 1 f Ile 1 s 1 i 1 1 1 1i; 11, ! .H i ll 119 �t1 ! hi 11'1 1111 Ii I11,111 111111,I1II II I I ititill 1 i�1 1' i " 1 1i'' 1i 1 Iii il{i'?i 1I; 11I1 19'1 E a >- rv5? > -SO ? - t ��_ July 30, 2012 City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: ROSE CREEK Sincerely, Todd B. Tollefson Secretary, Plat Commission Dakota County Surveyor's Office Western Service Center • 14955 Galaxie Avenue suite # 335 • Apple Valley, MN 55124 952- 891 -7087 Fax 952- 891 -7127 • www.dakotacounty.us The Dakota County Plat Commission met on July 30, 2012, to consider the preliminary plan of the above referenced plat. The plat is adjacent to CSAH 9, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The plat proposes 36 single family lots on property located along CSAH 9. The right of way is shown as 75 feet of half right of way, which meets the needs of a four -lane divided roadway. Restricted access should be shown along CSAH 9 over Blocks 1 and 2. A quit claim deed to Dakota County for restricted access is required at the time of recording the plat mylars. Restricted access is not required for Outlot E at this time and will be required with a future development of Outlot E. The Plat Commission has approved the preliminary and final plat, provided that the described conditions are met, and will recommend approval to the County Board of Commissioners when the plat is submitted in signed mylar form. Mylars should be submitted to the County Board within one year of the Plat Commission's final approval. Traffic volumes on CSAH 9 are 11,200 and are anticipated to be 21,400 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891 -7070. EXHIBIT N Memorandum To: Steve Mielke, City Administrator From: Daryl Morey, Planning Director Date: July 5, 2012 Subject: Rose Creek (Winkler Property) Neighborhood Meeting City of Lakeville Planning Department Bart Winkler hosted a neighborhood meeting for the proposed Rose Creek single family residential development on property he owns located northwest of Dodd Boulevard (CSAH 9) and south of the Andersons Century Farm and Zweber Farm single family residential subdivisions. The neighborhood meeting was held on Thursday, June 28, 2012 at 7:00 p.m. at the Water Treatment Facility. Approximately 12 -15 residents attended the neighborhood meeting. In addition to Mr. Winkler, Chris Remus of James R. Hill, Ron Mullenbach of D.R. Horton, and Mike Ramme of Ryland Homes were in attendance representing the development team. City staff present at the meeting included Planning Director Daryl Morey and Development/Design Engineer Mark DuChene. Mr. Winkler provided an overview of the proposed Rose Creek development. He stated that he is the developer of Rose Creek and he introduced Mr. Mullenbach and Mr. Ramme as the home builders within the Rose Creek development. He also introduced the City staff members present. He opened the meeting up to questions from the residents in attendance. The neighbors raised the following questions: • What is the price point of the homes to be constructed in Rose Creek? D.R. Horton: similar to Quail Ridge, mid- $400,000s. Ryland: low to mid -$300, 000s. • How do the lot sizes proposed in Rose Creek compare with the lot sizes in Andersons Century Farm and Zweber Farm? The north half of Rose Creek (D. R. Horton) will have RS -3 District lots (85 feet wide) and the southerly portion (Ryland) will have RS -4 District lots (75 feet wide). • What is the proposed drainage flow? Will the existing ponds be connected? Mr. Winkler indicated the drainage flow for this development will follow existing flow patterns and that detailed grading and drainage plans will be prepared in conjunction with the preliminary plat. • One resident cautioned the developer and the City that there are underground springs located in the area. • Will the existing trees along the creek be removed? EXHIBIT 0 Mr. Winkler stated he will save as many trees as possible but there will be tree removal to accommodate site grading and the construction of streets and utilities to serve his development. • Will there be any impacts to the creek and wetlands? Mr. Winkler stated he will comply with governmental regulations concerning the creek and wetland protection and buffer areas. • What are the plans for Dodd Boulevard in this area? Staff responded that Dodd Boulevard will be widened to four lanes from 183 Street to Hayes Avenue and a roundabout will be constructed at the Dodd Boulevard /Highview Avenue intersection in 2013. • How wide will Hyde Park Avenue be and will it have a sidewalk? Hyde Park Avenue will be extended to the south into the Rose Creek development matching the existing street and right -of -way section in Zweber Farm but will be widened south of proposed 179 Street to meet the City's existing minor collector street standards, which will include sidewalks on both sides. • Concern was expressed about traffic on Hyde Park Avenue, especially teenagers driving to and from Lakeville North High School. Some attendees suggested the current stop control at the Hyde Park Avenue /178 Street intersection be reviewed by the City while others suggested a median at the Dodd Boulevard /Hyde Park Avenue intersection to restrict left turns. Staff responded that access at the Dodd Boulevard /Hyde Park Avenue intersection is controlled by Dakota County and the intersection meets the County's access spacing guidelines for a full access. • Is Rose Creek in the Eastview Elementary School boundary? If so, will there be a sidewalk connection to Eastview Elementary School? Staff responded that the City will work with the Lakeville school district on a possible sidewalk connection to the easterly portion of the Eastview Elementary School property when the City -owned property develops. (Follow -up research by City staff indicates that the Winkler property is located within the Cherry View Elementary School boundary and the adjacent City -owned property is located within the Eastview Elementary School boundary.) • What is the timeframe for the development of Rose Creek? Mr. Winkler stated his goal is to start construction in September with completion of grading, streets and utilities by the end of November. • What are the next steps in the development process? Submittal of preliminary and final plat plans and a public hearing with review by the Planning Commission and the Parks, Recreation and Natural Resources Committee followed by final action by the City Council. • One resident suggested that the very northwest corner of City -owned Outlot B, King Creek Greenway Addition, adjacent to the Eastview Elementary School property and Tots in Andersons Century Farm, not be developed in the future as part of a single family lot but rather be kept in City ownership as a conservation or natural area or some other creative passive use. The neighborhood meeting ended at 7:50 p.m. ( plancomm - neighborhoodmeetingnotes - rosecreek) 2 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ROSE CREEK ZONING MAP AMENDMENT FINDINGS OF FACT On December 6, 2012 the Lakeville Planning Commission met at its regularly scheduled meeting to consider a Zoning Map amendment to rezone property from RS -2, Single Family Residential District to RS -3, Single Family Residential District in conjunction with the preliminary plat of Rose Creek. The Planning Commission conducted a public hearing on the proposed Zoning Map amendment preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. 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 subject site is located in Comprehensive Planning District 2, which guides the property for low density residential use. 3. Legal description of the proposed property is: Lots 1 -5, Block 1; Lots 1 -5, Block 2; and Lots 1 -3, Block 3, Rose Creek 4. Chapter 3 of the City of Lakeville Zoning Ordinance provides that a Zoning Map amendment may not be issued unless certain criteria are satisfied. The criteria 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 proposed rezoning is consistent with the low density residential land use and District 2 recommendations identified in the 2008 Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. The proposed single family homes in the Rose Creek preliminary plat will be compatible with the existing single family homes in the Zweber Farm and Andersons Century Farm neighborhoods to the north as well as the undeveloped, low density residential guided land to the west. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. The Rose Creek preliminary plat meets the performance standards contained in the Zoning and Subdivision ordinances. 1 EXHIBIT P d. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The Rose Creek preliminary plat can be accommodated with the public services available to serve the subject property, with the installation of a temporary sanitary sewer lift station by the developer, and will not overburden the City's service capacity. e. Traffic generated by the proposed use is within capabilities of streets serving the property. The traffic generated by the Rose Creek preliminary plat will be within the capacity of the collector (Hyde Park Avenue) and arterial (Dodd Boulevard) streets that will serve this development. 5. The planning report dated November 30, 2012 prepared by Planning Director Daryl Morey is incorporated herein. 2 Memorandum City of Lakeville Public Works— Engineering Division To: Daryl Morey, Planning Director From: Mark DuChene, Development Design Engineer 41j McKenzie Cafferty, Environmental Resources Manager Copy: Zach Johnson, City Engineer Dennis Feller, Finance Director John Hennen, Interim Parks and Recreation Director Gene Abbott, Building Official Date: November 29, 2012 Subject: Rose Creek • Preliminary Plat Review • Preliminary Grading Plan Review • Preliminary Erosion Control Plan Review • Preliminary Utility Plan Review • Preliminary Tree Preservation Plan BACKGROUND Rose Lake Development has submitted a preliminary plat named Rose Creek. The subdivision is located northwest of and adjacent to Dodd Boulevard (CSAH 9), northeast of 183 Street and south of 178 Street/Hickory Trail. The parent parcel consists of a metes and bounds parcel (PID 220170025020). The City has agreed to negotiate a real estate agreement with the Developer to purchase a portion of City - owned Outlot B, King Creek Greenway Addition. Outlot B, King Creek Greenway Addition will be administratively subdivided with the final plat to complete the real estate transaction. The area of the parent parcel north of the creek is zoned RS -2, Single Family Residential District, and the area south of the creek is zoned RST -2, Single Family and Two Family Residential District. The Developer is requesting the area zoned RS -2 be rezoned RS -3. The preliminary plat consists of forty -nine (49) single - family lots and three (3) outlots on 29.73 acres. The Developer is also dedicating 2.47 acres of right -of -way for Dodd Boulevard (CSAH 9). The outlots created, as shown on the preliminary plat, will have the following uses: ROSE CREEK PRELIMINARY PLAT NOVEMBER 29, 2012 PAGE 2 Outlot A: Stormwater treatment and filtration basin and wetland; to be deeded to the City (6.54 acres) Outlot B: Wetland Complex; to be deeded to the City (2.26 acres) Outlot C: Future residential development; to be retained by the Developer (0.01 acres) The proposed development will be completed by: Developer: Rose Lake Development Engineer /Surveyor: James R. Hill, Inc. SITE CONDITIONS The majority of the Rose Creek site consists of vacant undeveloped land previously used for agricultural purposes. There is a small grove of trees in the center of the site and there is a creek and delineated wetland that bisects the site running west to east. The land generally slopes from the north and south towards the creek with moderate to steep slopes. STREET AND SUBDIVISION LAYOUT Dodd Boulevard (CSAH 9) Rose Creek is located northwest of and immediately adjacent to Dodd Boulevard. Dodd Boulevard is under the jurisdiction of Dakota County and is identified in the City of Lakeville Comprehensive Transportation Plan as an A -Minor Arterial. Dodd Boulevard adjacent to the site transitions from a four -lane divided urban roadway at the west end to a two -lane undivided rural roadway at the east end. The Dakota County Plat Review Needs Map indicates a half right -of -way requirement of 75 feet and designates this roadway as a future four -lane divided roadway over its entire length. The Developer is dedicating 75 feet of right -of -way as shown on the preliminary plat. The preliminary plat was approved by the Dakota County Plat Commission on July 30, 2012. The County's current Capital Improvement Plan includes the reconstruction of Dodd Boulevard to a four -lane divided roadway in 2013, from 183 Street to Hayes Avenue. In lieu of the cash fee for the future upgrade of Dodd Boulevard, the Developer is dedicating the required right -of -way and is responsible for constructing all improvements on Dodd Boulevard, as required by Dakota County, and is responsible for 100% of the costs associated with such improvements. Hyde Park Avenue Development of Rose Creek includes the extension of Hyde Park Avenue, a minor collector roadway. Hyde Park Avenue is designed as a 40 -foot wide, two -lane urban street with concrete sidewalks along both sides. The Developer is dedicating 80 feet of ROSE CREEK PRELIMINARY PLAT NOVEMBER 29, 2012 PAGE 3 right -of -way. The road will be extended from its terminus of the Zweber Farm development to Dodd Boulevard. The existing Hyde Park Avenue right -of -way within the Zweber Farm development is 66 -feet. The Rose Creek plat transitions this right -of- way to the required 80 -feet to accommodate a right -turn lane at the intersection of Dodd Boulevard. Driveway access for Lot 18, Block 5 is restricted to Hydra Circle and driveway access for Lot 18, Block 4 must be a minimum of 50 -feet from the Dodd Boulevard right -of -way and as far north as possible. 179 Street Development of Rose Creek includes the construction of 179 Street, a local street. 179 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. A "Future Street Extension" sign and barricades must be placed at the west end of 179 Street until the street is extended in the future. A temporary cul -de -sac must be constructed at the west end of 179 Street and must be paved within one year if the street is not extended. The Developer must furnish a cash escrow for the removal and restoration of the temporary turn - around with the final plat. Hydra Circle Development of Rose Creek includes the construction of Hydra Circle, a local cul -de- sac street. Hydra Circle is designed as a 28 -foot wide, two -lane urban street with a 45- foot radius at the cul -de -sac. The Developer is dedicating 50 -feet of right -of -way along the 28 -foot wide street portion and 60 -feet of right -of -way around the cul -de -sac. Hydra Court Development of Rose Creek includes the construction of Hydra Court a local cul -de -sac street. Hydra Court is designed as a 28 -foot wide, two -lane urban street with a 45 -foot radius at the cul -de -sac. The Developer is dedicating 50 -feet of right -of -way along the 28 -foot wide street portion and 60 -feet of right -of -way around the cul -de -sac. Ghost Plat The Rose Creek preliminary plat includes a ghost plat for the adjacent City -owned parcels located within Outlots B & D, King Creek Greenway Addition. The ghost plat incorporates a conceptual single family residential layout that provides a roadway connection to 183 Street. The City reserves the right to increase the street sections at the time of construction based upon site conditions. Building permits, except for model home permits as allowed by the zoning ordinance, for Rose Creek shall not be issued until the concrete curb and gutter and bituminous base pavement have been installed. ROSE CREEK PRELIMINARY PLAT NOVEMBER 29, 2012 PAGE 4 CONSTRUCTION ACCESS Construction access and egress for grading, public utility installation and street construction must be from intersection of Dodd Boulevard and Hyde Park Avenue. PARKS, TRAILS AND SIDEWALKS The City's Parks, Trails and Open Space Plan does not designate any area within the proposed plat as future park land. Development of Rose Creek includes the construction of public concrete sidewalks. Concrete sidewalks will be constructed along one side of all local streets and both sides of the minor collector street, Hyde Park Avenue. The City's Parks, Trails and Open Space Plan identifies future bituminous trails along the north side of Dodd Boulevard and along the greenway corridor adjacent to the creek. The Developer will rough -grade the trail base within the northerly right -of -way of Dodd Boulevard and pay their 5 /8th portion of the trail costs (including 100% of grading and restoration), consistent with the Subdivision Ordinance. The trail will be constructed when Dodd Boulevard is reconstructed in 2013. The Developer will rough -grade and restore the trail base within the greenway corridor within both Outlots A and B. 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: Rose Creek is located within subdistrict NC -22190 of the North Creek sanitary sewer district as identified in the City's Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing public sanitary sewer to the MCES Lakeville /Apple Valley /Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. The existing City -owned downstream facilities have sufficient capacity to serve the residential development. Development of Rose Creek includes public sanitary sewer construction. 8 -inch sanitary sewer will be extended within the subdivision from existing sanitary sewer stubs to provide service to the Tots. Until the trunk gravity system is extended to the development, a temporary sanitary sewer lift station and forcemain will serve the development. The temporary lift station will be located within an oversized drainage and utility easement in between Lots 10 and 11, Block 4. The temporary lift station must be screened from the houses on Lot 10 and 11, Block 4 with landscaping that will be installed by the developer. The temporary lift station will be removed once the future trunk sanitary sewer line is extended. ROSE CREEK PRELIMINARY PLAT NOVEMBER 29, 2012 PAGE 5 Four -inch forcemain will be installed within Hydra Court and Hyde Park Avenue to the existing eight -inch sanitary sewer located within Hyde Park Avenue at the northern plat boundary. The existing downstream lateral sanitary sewer has adequate capacity for flows generated from the proposed plat. The Developer is responsible for 100% of the costs associated with the temporary lift station and forcemain. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and will be paid with the final plat based on the rate in effect at the time of final plat. WATERMAIN: Development of Rose Creek includes public watermain construction. 8 -inch watermain will be extended within the subdivision from existing watermain stubs to provide service to the lots. Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Rose Creek will not be permitted until the as -built electronic files have been submitted and approved by City staff. DRAINAGE AND GRADING The preliminary plat of Rose Creek lies within Subdistrict FO -44 of the Farmington Outlet Drainage District, as identified in the City's Water Resources Management Plan. Development of Rose Creek includes the construction of public stormwater basins and a filtration basin along the northeast corner of the parcel to collect and treat the stormwater runoff generated from the site. The stormwater basins and filtration basin will provide water quality treatment, skimming and rate control of the stormwater runoff generated within the Rose Creek subdivision. The public basins will be located within Outlot A (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 credit is based on the area of the outlots, and is calculated at the rate of $5,500.00 per acre, and will be applied to the Rose Creek 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 a soils report and an as -built certified grading plan, including the buffer yard berms along Dodd Boulevard have been submitted and approved by City staff. ROSE CREEK PRELIMINARY PLAT NOVEMBER 29, 2012 PAGE 6 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. REQUIRED BERMING A buffer yard berm and landscaping screen consistent with the subdivision ordinance shall be provided adjacent to Dodd Boulevard. A certified as -built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. STORM SEWER Development of Rose Creek 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 in Outlot A. Draintile construction is required in areas of non - granular soils within Rose Creek for the street sub -cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the Developer's responsibility to install and finance. The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and will be paid with the final plat at the rate in effect at the time of final plat. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. WETLANDS The wetland delineation for the site was conducted by Wenck Associates Inc. One wetland was identified within the project boundaries. The delineation identified one wetland /DNR Protected Water within the project boundaries. The site was reviewed in the field by staff. The wetland delineation was noticed and no comments were received. The delineated boundaries as presented in the wetland delineation report, dated June 29, 2012 are accurate and acceptable for use in implementing the Wetland Conservation Act. The wetland delineation was approved September 17, 2012. There must be no impacts to wetlands prior to a final wetland replacement plan being completed and approved. A DNR permit may be required for the crossing of the protected waterway. All wetland and wetland buffers will be located in City owned outlots with the final plat. ROSE CREEK PRELIMINARY PLAT NOVEMBER 29, 2012 PAGE 7 TREE PRESERVATION A tree preservation plan has been submitted. The plan shows a total of 529 significant trees within the site. The majority of the trees are on the site are Boxelder, Elm and Willow. The plan proposes to save 138 (26 %) trees mainly along the DNR waterway. The final plat submittal must include a planting plan for the wetland /creek buffer areas that includes a native seed mix with clusters of native trees and shrubs. The plan also must include a maintenance plan for the buffer area. EROSION CONTROL The erosion control plan was reviewed and includes the following: • Gravel construction entrance are shown on the plan sheets and included in the erosion control notes. • A seed /mulch specification that meets City requirements. • All 3:1 slopes will be seeded and stabilized with fiber blanket. • MnDoT seed mix 25B (or BWSR mix #1) will be used in all stormwater treatment and filtration areas below the HWL. MnDoT seed mix 26B (or BWSR mix #2) will be used on the stormwater treatment and filtration area slopes above the HWL. • Stormwater treatment areas will be graded first. • Silt fence will be installed to protect offsite areas from sediment transport. • Installation of erosion control at street curbs after utilities are installed. • Erosion control blanket is shown on all pond slopes. • Streets must be cleared of debris at the end of each day. • Pond Maintenance: A maintenance schedule for the first 2 years must be included in the plans. This must include 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. • Inlet protection is identified on the plans. • Avoid compaction of infiltration areas by keeping heavy equipment out of basin areas during excavation. • Temporary checks and erosion control blanket are shown in swales and ditches. 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. ROSE CREEK PRELIMINARY PLAT NOVEMBER 29, 2012 PAGE 8 RECOMMENDATION Engineering recommends approval of the Rose Creek preliminary plat, preliminary grading plan, preliminary erosion control plan, preliminary utility plan, and preliminary tree preservation plan subject to the requirements and stipulations of this report and the following: • The City and Developer must enter into a real estate transaction for the area of the preliminary plat that is within City -owned Outlot B, King Creek Greenway Addition. • A Wetland Replacement Plan must be completed for the site prior to final plat submittal.