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HomeMy WebLinkAboutItem 09 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. ______ RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF FOX MEADOWS 3RD ADDITION WHEREAS, the owner of the property described as FOX MEADOWS THIRD ADDITION has requested preliminary and final plat approval; and WHEREAS, the preliminary and final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. The FOX MEADOWS THIRD ADDITION preliminary and final plat is approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 16th day of June 2014 CITY OF LAKEVILLE Matt Little, 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 16th day of June 2014 as shown by the minutes of said meeting in my possession. __________________________ Charlene Friedges City Clerk (SEAL) Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA VARIANCE 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville grants a variance to Cyclone Partners, LLC to allow a variance for the setback between two townhome buildings located in Fox Meadows 3rd Addition. 2. Property. The variance is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lots 2 and 3, Block 2, FOX MEADOWS 3RD ADDITION 3. Conditions. The variance is issued subject to the following conditions: a) The minimum setback between the townhome buildings on Lots 2 and 3, Block 2 shall be 24 feet. 4. Lapse. If within one year from the issuance of this permit the Fox Meadows 3rd Addition plat has not been recorded, this permit shall lapse. Dated: June 16, 2014 CITY OF LAKEVILLE BY:________________________ Matt Little, Mayor BY:________________________ Charlene Friedges, City Clerk 1 The following instrument was acknowledged before me this 16th day of June, 2014 by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA FOX MEADOWS 3RD ADDITION VARIANCE On May 22, 2014 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of The Cyclone Partners, LLC for a one foot variance for the setback between two townhome buildings. The Planning Commission conducted a public hearing on the proposed variance 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 property is zoned RM-1, Medium Density Residential District. 2. The property is located in Planning District No. 4 and is classified as Medium Density Residential in the Comprehensive Plan consistent with the proposed use of the property. 3. The legal description of the property is: Lots 1-4, Block 2, FOX MEADOWS 3RD ADDITION 4. Section 11-6-5 of the Zoning Ordinance concerning variance criteria requires that certain criteria be met in consideration of a variance. The criteria and our findings regarding them are: A. That the variance would be consistent with the comprehensive plan. The use of the property for two unit townhome buildings is consistent with the medium density residential use designation of the Comprehensive Plan. B. That the variance would be in harmony with the general purpose and intent of the Zoning Ordinance. The proposed one foot variance for building separation between two of the two-unit townhome buildings proposed in Fox Meadows 3rd Addition will be in harmony with the character of other buildings in the Fox Meadows development. A 20 foot setback between townhome buildings was required in the Fox Meadows development because the preliminary plat was approved prior to April 5, 2004; however the Fox Meadows 3rd Addition re-plat triggers the 25 foot setback requirement. The proposed variance will not be perceptibly noticeable to any nearby properties and would be in harmony with the general purpose and intent of the Zoning Ordinance. C. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. The existing six unit townhome lot boundaries do not allow much flexibility in building design. The applicant proposes to reduce the density and enlarge the units in order to accommodate an alternate design and style, while meeting all other townhome building setback requirements, including from the adjacent wetland and wetland buffer. D. That the purpose of the variance is not exclusively economic considerations. The variance request is not due to economic considerations but to allow an alternate townhome design. The townhouse design approved in 2001 is not currently in favor with the marketplace and there has been only three townhome units constructed in the Fox Meadows development since 2005. E. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. The proposed one foot setback variance will not alter the essential character of the Fox Meadows development, which is subject to a 20 foot setback between buildings. F. That the requested variance is the minimum action required to eliminate the practical difficulty. The proposed one foot variance is the minimum required to eliminate the practical difficulty. G. Variances may not be approved for any use that is not allowed under this section for property in the zone where the affected person’s land is located. The proposed two-unit townhome buildings are a permitted use of the property. 5. The planning report dated May 16, 2014 and prepared by Associate Planner, Frank Dempsey is incorporated herein. 2 DATED: June 16, 2014 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk 3 1 City of Lakeville Planning Department 2 3 4    5 6 .1%#6+10/#2 Ä'0)ÄÄ5*''6Ä%184  )4#&+0) '415+10%10641.5+6'2.#024'.+/+0#4;2.#6 %18'45*''65*''6+0&': %18'45*''6 (1:/'#&1954&#&&+6+10 24'.+/+0#4; (+0#.2.#6#22.+%#6+10 .#-'8+..'/+00'516# .')'0& +JGTGD[EGTVKH[VJCVVJKURNCPYCURTGRCTGFD[ OGQTWPFGTO[FKTGEVUWRGTXKUKQPCPFVJCV+ COCFWN[.KEGPUGF2TQHGUUKQPCN'PIKPGGT WPFGTVJGNCYUQHVJG5VCVGQH/KPPGUQVC E 1((1:/'#&1954&#&&+6+10 .#-'8+..'/+00'516# 69+0%+6+'5219'4*1.&+0)5..% -'0;10#8'07'57+6' ÄÄ ,.. ,.. 0COG 4GI0Q&CVG 4GXKUKQPU &CVG &GUKIPGF &TCYP 2KQPGGT'PIKPGGTKPI2# /GPFQVC*GKIJVU/0 'PVGTRTKUG&TKXG  Ä (CZÄYYYRKQPGGTGPIEQO .#0&5%#2'#4%*+6'%65.#0&5748';145.#0&2.#00'45%+8+.'0)+0''45 ÄÄ ,QUGRJ..CTUQP .#-'8+..'/+00'516# ÄÄ%KV[%QOOGPVU ÄÄ4GXKUG2NCV )4#&+0)&'6#+.576+.+6;2.#0%+6;2.#6'5 /P&1656#0&#4&&'6#+.5 %+6;2.#6'5%+6;2.#6'5 .#0&5%#2'2.#0   .   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WHnTENASSOCIATES.COM 20W COPYRIGHT WHITTEN ASSOCIATES, INC. 1 6 07-00-BUYERPROJECT # BUYER S/O BUYER S/O REVISIONS: 4-22-14 STARTED: AGENT:X X 5-4-14 OF SHEET 2 6 07-00-BUYERPROJECT # BUYER S/O BUYER S/O REVISIONS: 4-22-14 STARTED: AGENT:X X 5-4-14 OF SHEET 3 6 07-00-BUYERPROJECT # BUYER S/O BUYER S/O REVISIONS: 4-22-14 STARTED: AGENT:X X 5-4-14 OF SHEET 4 6 07-00-BUYERPROJECT # BUYER S/O BUYER S/O REVISIONS: 4-22-14 STARTED: AGENT:X X 5-4-14 OF SHEET 5 6 07-00-BUYERPROJECT # BUYER S/O BUYER S/O REVISIONS: 4-22-14 STARTED: AGENT:X X 5-4-14 OF SHEET 6 6 07-00-BUYERPROJECT # BUYER S/O BUYER S/O REVISIONS: 4-22-14 STARTED: AGENT:X X 5-4-14 OF SHEET 1 6 07-00-BUYERPROJECT # BUYER S/O BUYER S/O REVISIONS: 4-22-14 STARTED: AGENT:X X 5-4-14 5-12-14 OF SHEET 2 6 07-00-BUYERPROJECT # BUYER S/O BUYER S/O REVISIONS: 4-22-14 STARTED: AGENT:X X 5-4-14 5-12-14 OF SHEET 3 6 07-00-BUYERPROJECT # BUYER S/O BUYER S/O REVISIONS: 4-22-14 STARTED: AGENT:X X 5-4-14 5-12-14 OF SHEET 4 6 07-00-BUYERPROJECT # BUYER S/O BUYER S/O REVISIONS: 4-22-14 STARTED: AGENT:X X 5-4-14 5-12-14 OF SHEET CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA FOX MEADOWS 3RD ADDITION VARIANCE On May 22, 2014 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of The Cyclone Partners, LLC for a one foot variance for the setback between two townhome buildings. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The property is zoned RM-1, Medium Density Residential District. 2. The property is located in Planning District No. 4 and is classified as Medium Density Residential in the Comprehensive Plan consistent with the proposed use of the property. 3. The legal description of the property is: Lots 1-4, Block 2, FOX MEADOWS 3RD ADDITION 4. Section 11-6-5 of the Zoning Ordinance concerning variance criteria requires that certain criteria be met in consideration of a variance. The criteria and our findings regarding them are: A. That the variance would be consistent with the comprehensive plan. The use of the property for two unit townhome buildings is consistent with the medium density residential use designation of the Comprehensive Plan. B. That the variance would be in harmony with the general purpose and intent of the Zoning Ordinance. The proposed one foot variance for building separation between two of the two-unit townhome buildings proposed in Fox Meadows 3rd Addition will be in harmony with the character of other buildings in the Fox Meadows development. A 20 foot setback between townhome buildings in the Fox Meadows development because the preliminary plat was approved prior to April 5, 2004; however the Fox Meadows 3rd Addition re-plat triggers the 25 foot setback requirement. The proposed variance will not be perceptibly noticeable to any nearby properties and would be in harmony with the general purpose and intent of the Zoning Ordinance. C. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. The existing six unit townhome lot boundaries do not allow much flexibility in building design. The applicant proposes to reduce the density and enlarge the units in order to accommodate an alternate design and style, while meeting all other townhome building setback requirements, including from the adjacent wetland and wetland buffer. D. That the purpose of the variance is not exclusively economic considerations. The variance request is not due to economic considerations but to allow an alternate townhome design. The townhouse design approved in 2001 is not currently in favor with the marketplace and there has been only three townhome units constructed in the Fox Meadows development since 2005. E. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. The proposed one foot setback variance will not alter the essential character of the Fox Meadows development, which is subject to a 20 foot setback between buildings. F. That the requested variance is the minimum action required to eliminate the practical difficulty. The proposed one foot variance is the minimum required to eliminate the practical difficulty. G. Variances may not be approved for any use that is not allowed under this section for property in the zone where the affected person’s land is located. The proposed two-unit family townhome buildings are a permitted use of the property. 5. The planning report dated May 16, 2014 and prepared by Associate Planner, Frank Dempsey is incorporated herein. 2 DATED: June 2, 2014 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk 3     FFOOXX MMEEAADDOOWWSS 33RRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT RREEPPOORRTT MMAAYY 1166,, 22001144 PPAAGGEE 22 FFOOXX MMEEAADDOOWWSS 33RRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT RREEPPOORRTT MMAAYY 1166,, 22001144 PPAAGGEE 33 FFOOXX MMEEAADDOOWWSS 33RRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT RREEPPOORRTT MMAAYY 1166,, 22001144 PPAAGGEE 44 FFOOXX MMEEAADDOOWWSS 33RRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT RREEPPOORRTT MMAAYY 1166,, 22001144 PPAAGGEE 55 City of Lakeville Engineering Memorandum To: Frank Dempsey, Associate Planner From: Alex Jordan, Civil Engineer McKenzie Cafferty, Environmental Resources Manager Brett Altergott, Parks and Recreation Director Copy: Zach Johnson, City Engineer Dennis Feller, Finance Director Gene Abbott, Building Official Date: June 2, 2014 Subject: Fox Meadows 3rd Addition • Preliminary and Final Plat Report • Final Grading Plan Review • Final Erosion Control Plan Review • Final Utility Plan Review BBAACCKKGGRROOUUNNDD Twin Cities Power Holdings, LLC has submitted a preliminary and final plat named Fox Meadows 3rd Addition. The proposed subdivision is a re-plat of Lots 7-12, Block 2 and Lots 1- 12, Block 1, Fox Meadows 2nd Addition. The number of lots that are proposed with this final plat are reduced by five (5) from the original Fox Meadows 2nd Addition plat. The Developer has requested to reduce and adjust the lots in order to provide a housing style that is currently in higher demand. The plat is located west of and adjacent to Joplin Avenue and south of 185th Street (CSAH 60). The proposed plat consists of thirteen (13) townhome units within three (3) blocks on 0.86 acres. Public utilities and streets were constructed in 2003 with the Fox Meadows 2nd Addition improvements. FFOOXX MMEEAADDOOWWSS 33RRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT RREEPPOORRTT JJUUNNEE 22,, 22001144 PPAAGGEE 22 Developer: Twin Cities Power Holdings, LLC Engineer: Pioneer Engineering SSIITTEE CCOONNDDIITTIIOONNSS The area included within the Fox Meadows 3rd Addition was previously graded in 2003 with the Fox Meadows 2nd Addition street and utility improvements. There are no proposed changes to the public streets or utilities. SSTTRREEEETTSS Fox Meadows 3rd Addition is located west of and adjacent to Joplin Avenue, and south of 185th Street (CSAH 60). The lots will be accessed by private drives, connecting to Joplin Avenue, which will be owned and maintained by an HOA. The Developer shall be responsible for installing the final lift of wear course pavement on the private drives. Dakota County plans to reconstruct the intersection of 185th Street (CSAH 60) and Kenwood Trail (CSAH 50) to a multilane roundabout during the summer of 2015. During this time, the intersection will be closed. In addition, the intersection of 185th Street and Joplin Avenue will be closed during the duration of the construction. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility and street construction shall be at Joplin Avenue, by way of 185th Street. If construction is extended into 2015, construction traffic access will need to be re-located due to the 185th Street/Kenwood Trail improvements. The Developer shall then propose a secondary construction traffic access route, to be reviewed by City staff for approval. PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS No new park dedication, trails, or sidewalks are required with Fox Meadows 3rd Addition. The developer is required to meet all of the park, sidewalk, and trail requirements listed in the Fox Meadows 2nd Addition Development Contract. UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR:: Fox Meadows 3rd Addition is located within subdistrict ML-72600 of the Marion Lake sanitary sewer district as identified in the City’s Comprehensive Sewer Plan. Wastewater will be conveyed via existing trunk sanitary sewer to the MCES Farmington Interceptor and continue FFOOXX MMEEAADDOOWWSS 33RRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT RREEPPOORRTT JJUUNNEE 22,, 22001144 PPAAGGEE 33 to the Empire Wastewater Treatment Facility. The downstream facilities have sufficient capacity to serve the proposed subdivision. The Sanitary Sewer Availability Charge for Fox Meadows 3rd Addition was previously paid. The Lateral Sanitary Sewer Access Charge for the lateral sanitary sewer within CSAH 50 and CSAH 60 was also previously paid and will not be required with the final plat. No new public sanitary sewer is required for Fox Meadows 3rd Addition. The lots will utilize existing services installed with the Fox Meadows 2nd Addition plat. Five (5) existing sanitary sewer services shall be removed to the main and the wye shall be plugged per the manufacturer’s recommendations. WWAATTEERRMMAAIINN:: No new public watermain is required for Fox Meadows 3rd Addition. The lots will utilize existing services installed with the Fox Meadows 2nd Addition plat. Five (5) existing water services are planned to be abandoned and must be removed to the main, and shall include removal of the corporation stop and plugging the main with a brass plug per the manufacturer’s recommendations. The sewer and water services shall not cross adjacent property lines. Services may need to be relocated to meet this requirement. In addition, water service curb stops may be located within proposed driveway surfaces. The Developer must ensure that a meter cover is installed over all curb stops that fall within driveway areas. The sewer and water service abandonment shall be done in two separate phases, one for each of the two private drives accessing the Fox Meadows 3rd Addition. The sewer and water service abandonment shall be completed before any building permits can be issued for those lots accessing the adjacent private drive. All sewer and water service abandonment work must be inspected by the City’s Public Works Department. GPS coordinates must be provided per Lakeville Standard Plate LV-ST-12. The Developer shall provide a security of $1,000 per service for the abandonment. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG The rough site grading was completed with the Fox Meadows 2nd Addition plat. The runoff generated from the building and driveway impervious surfaces will be directed to public stormwater basins. The stormwater basins and infiltration areas were previously constructed with Fox Meadows 2nd Addition. The developer must submit a soils report for the revised building locations to verify that the building pads are prepared for building construction. FFOOXX MMEEAADDOOWWSS 33RRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT RREEPPOORRTT JJUUNNEE 22,, 22001144 PPAAGGEE 44 Lots 1-2, Block 2 are proposed to be constructed adjacent to an existing modular block retaining wall. The building pad is proposed to be 3-feet offset from the wall. The Developer proposes to correct the subgrade with select backfill material adjacent to the existing wall under the building pads. A registered structural engineer shall inspect and certify the stability of the retaining wall during construction to ensure that the wall will operate functionally with the buildings in place. The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. The Fox Meadows 3rd Addition site contains less than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required, however, from the Minnesota Pollution Control Agency for a common plan of development that disturbs greater than one acre. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. SSTTOORRMM SSEEWWEERR The public storm sewer was installed with the Fox Meadows 2nd Addition plat, and the storm sewer area charge has been paid. FFEEMMAA FFLLOOOODDPPLLAAIINN AANNAALLYYSSIISS The Fox Meadows 3rd Addition is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS There are no wetlands or wetland buffers within Fox Meadows 3rd Addition. All wetlands and wetland buffers were placed in City owned outlots with previous Fox Meadows Additions. TTRREEEE PPRREESSEERRVVAATTIIOONN There are no significant trees within Fox Meadows 3rd Addition. FFOOXX MMEEAADDOOWWSS 33RRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT RREEPPOORRTT JJUUNNEE 22,, 22001144 PPAAGGEE 55 EERROOSSIIOONN CCOONNTTRROOLL The developer must maintain the erosion control per the Fox Meadows 2nd Addition Agreement and approved plans. The builders must install and maintain erosion and sediment control as required by the MPCA Construction permit for the individual building lots. SSEECCUURRIITTIIEESS The Developer shall provide a security for the developer-installed improvements relating to Fox Meadows 3rd Addition. The Developer shall provide a security for the permanent abandonment of water and sewer services with the final plat. There are 10 services that are to be permanently abandoned, and the fee is $1,000 per service, for a total of $10,000. The City shall hold this security until the City has inspected the abandoned services for conformance to the City construction specifications. The Developer shall be responsible for the Fox Meadows 2nd Addition obligations. The Developer shall provide a security for bituminous wear course on the private drives. The Developer of the Fox Meadows 2nd Addition previously posted a cash escrow in the form of a security for the bituminous wear course paving on the private drives. The Developer of the Fox Meadows 3rd Addition may draw on this existing security to complete the wear course paving. The estimated cost to complete the wear course paving is $12,000.00. The construction costs for the wear course paving and service abandonment were used to determine the other costs required in the total project securities. CONSTRUCTION COSTS Abandon Sewer and Water Services $ 10,000.00 Wear Course Paving for Private Drives (security not required) 12,000.00 SUBTOTAL - CONSTRUCTION COSTS $ 22,000.00 OTHER COSTS Developer’s Design (6.0%) $ 1,320.00 Developer’s Construction Survey (2.5%) 550.00 City’s Legal Expense (0.5%) 110.00 City Construction Observation (7.0%) Developer’s Record Drawing (0.5%) 1540.00 110.00 SUBTOTAL - OTHER COSTS $3630.00 TOTAL PROJECT SECURITIES $13,630.00 FFOOXX MMEEAADDOOWWSS 33RRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT RREEPPOORRTT JJUUNNEE 22,, 22001144 PPAAGGEE 66 CCAASSHH FFEEEESS A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid at the time of final plat approval and is calculated as follows: 13 units x $75.00/unit = $975.00 Lots/Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. TOTAL CASH REQUIREMENT $ 975.00 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the Fox Meadows 3rd Addition preliminary and final plat, final grading plan, final utility plan, and final erosion control plan subject to the comments contained in this report.