HomeMy WebLinkAboutItem 09
October 28, 2015 Item No. ______
KENYON RETAIL PRELIMINARY AND FINAL PLAT AND CONDITIONAL USE PERMITS
NOVEMBER 2, 2015 CITY COUNCIL MEETING
PROPOSED ACTION
Staff recommends adoption of the following motion: Move to approve: a) resolution approving the
preliminary and final plat of Kenyon Retail, b) conditional use permits to allow more than one principal
building on a commercial lot, impervious surface area greater than 25% in the Shoreland Overlay District of
Lee Lake, and a residential care facility in the C-3 District, and adopt of the findings of fact, c) stormwater
management and easement agreement, and d) resolution releasing certain deed restrictions.
Approval of this motion will allow development of two multi-tenant commercial buildings for retail and
restaurant uses on one lot and two residential care facility buildings on the second lot.
OVERVIEW
Diversified Equity Investment, LLC requests approval of a preliminary and final plat and conditional use permits
for the development of property located at the southeast corner of Kenyon Avenue and 162nd Street (CSAH 46).
The City Council previously approved a similar preliminary plat and conditional use permit for this property on
January 20, 2015 that did not include the proposed residential care facility. The developer decided to revise
the preliminary plat after City Council approval but prior to submitting a final plat. The revised plans propose
the same two multi-tenant commercial buildings and drive-through convenience food restaurant on Lot 1 as
approved in May 2015. Lot 2 proposes a senior memory care facility with two principal buildings. Both lots
propose impervious surface areas greater than 25%, which also requires a conditional use permit.
The Planning Commission held a public hearing in consideration of the revised preliminary plat, final plat, and
conditional use permits at their May 21, 2015 meeting. There was no public comment at the public hearing.
The Planning Commission recommended unanimous approval subject to 19 stipulations. Stipulation No. 5
was addressed by the developer agreeing to pay for the future traffic signals with the building permits for Lots
1 and 2, which was incorporated into Paragraph 27F of the development contract.
PRIMARY ISSUES TO CONSIDER
Why is a release of deed restriction and stormwater management and easement agreement required?
SUPPORTING INFORMATION
◊ Resolution approving the preliminary and final plat
◊ Conditional use permits and findings of fact for Lots 1 and 2
◊ Stormwater management and easement agreement
◊ Resolution releasing deed restrictions
◊ Signed development contract and warranty deed
◊ May 21st Planning Comm. minutes and May 20th Parks, Rec. and Natural Resources Comm. minutes
◊ May 13th planning report and May 15th engineering report
Frank Dempsey, AICP, Associate Planner
Financial Impact: $ None Budgeted: Y/N ____ Source: _______________________________________
Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances_______________________________________
Community Values: Diversified Economic Development and A home for All Ages and Stages of Life________________
Staff Response to Primary Issues to Consider
Why is a release of deed restriction and stormwater management and easement agreement
required?
An examination of the property title identified a deed restriction recorded in 2001 that restricts the
property to certain driveway access locations and prohibits gasoline sales and fast food restaurant uses.
The deed restriction was negotiated as part of the property acquisition involved with the design and
construction of the County Road 46/Interstate 35 bridge and interchange in the late 1990’s. The deed
restriction was likely due to concern about potentially high traffic land uses such as fast food restaurants
and convenience stores with motor fuel sales having a negative impact on the capacity of Kenyon Avenue
and the limited site lines and traffic queuing at the intersection of Kenyon Avenue and 162nd Street (CSAH
46). The proposed development plans include a drive-through convenience (fast) food restaurant in a
multi-tenant building with a driveway access located within the current deed restricted area. A traffic
study was prepared that determined the proposed location of the driveway access is safe and reasonable
for the proposed commercial uses and meets the requirements of the Zoning and Subdivision Ordinances.
The two lots will share the one driveway access, thereby reducing the number of driveway accesses to
Kenyon Avenue.
The stormwater management and easement agreement is required to allow the developer to construction
and maintain the stormwater facilities located partially on City owned property adjacent to the plat and
to set forth maintenance responsibilities and standards and to establish an easement to the City for
potential maintenance purposes.
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
RESOLUTION NO._____
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF
KENYON RETAIL
WHEREAS, the owner of the plat described as Kenyon Retail has requested preliminary
and final plat approval; and
WHEREAS, the preliminary and final plat was reviewed by the Planning Commission
and the Parks, Recreation and Natural Resources Committee; and
WHEREAS, the preliminary and final plat is acceptable to the City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The preliminary and final plat of Kenyon Retail is hereby approved subject to the
developer’s execution of the development contract and security requirements.
2. The Mayor and City Clerk are hereby directed 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.
APPROVED AND ADOPTED this 2nd day of November, 2015
CITY OF LAKEVILLE
BY: _____________________
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 2nd day of November 2015, as shown by the minutes
of said meeting in my possession.
________________________
Charlene Friedges, City Clerk
(SEAL)
1
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 15-____
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves
a Conditional Use Permit to allow:
a) More than one principal building on a commercial lot
b) A total impervious surface area greater than 25% in the Shoreland Overlay District of
Lee Lake
c) A drive-in and convenience food establishment in the C-3 District
2. Property. The permit is for the following described property located in the City of Lakeville,
Dakota County, Minnesota and legally described as follows:
Lot 1, Block 1, Kenyon Retail
3. Conditions. The permit is issued subject to the following conditions:
a) Implementation of the recommendations listed in the May 15, 2015 engineering
report.
b) Implementation of the recommendations of the Parks, Recreation and Natural
Resources Committee.
c) The site and buildings on Lot 1 shall be developed in compliance with the plans
approved by the City Council.
d) The developer shall dedicate a 15 foot wide trail and retaining wall easement along
the north 15 feet of the plat adjacent to 162nd Street (CSAH 46).
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e) Landscaping shall be installed according to the landscape plan approved by the City
Council. A $30,000 financial security shall be submitted prior to release of the final plat
mylars to guarantee installation of the landscaping.
f) All signs shall comply with Zoning Ordinance requirements. A comprehensive sign plan
shall be submitted for staff review prior to the issuance of any sign permits. A sign permit
must be issued by the City prior to the installation of any signs.
g) Site and building lighting shall be installed consistent with the lighting plan and photometric
plan approved by the City Council. Parking lot lighting shall be down-cast cut-off type
fixtures only. Tilt-up light fixtures are not permitted. Building lighting shall be down-cast
only as required by the Zoning Ordinance.
h) Ownership, covenants, restrictions and maintenance shall be established separately
for Lots 1 and 2 for buildings and common areas and shall be under condominium
ownership pursuant to Minnesota statutes 515A.1-106. A copy of the property
ownership, covenants and maintenance responsibility documents shall be submitted
for City Attorney review prior to the City releasing the final plat mylars.
i) All exterior utility meters and fixtures shall be located in interior side or rear yard areas
when possible and shall be screened from public right-of-way.
j) All private sanitary sewer services and maintenance shall be the responsibility of the
property owner or association.
k) All loading and deliveries on Lot 1 shall take place at the front door entrances of the
building during off-peak hours of operation so as not to interfere with on-site traffic
circulation.
l) A northbound right turn lane, southbound left turn lane and Kenyon Avenue striping
shall be installed on Kenyon Avenue by the developer in accordance with the SRF
traffic study recommendations.
m) The sight visibility area west of the driveway access shall at all times be kept clear of
visual obstructions, including snow storage.
n) Snow storage shall not occur within required parking spaces and shall not infringe
upon vehicle site circulation or sight visibility.
o) The trash enclosure gates on Lot 1 shall be constructed of durable maintenance free
PVC vinyl or pre-finished metal.
p) A signed shared driveway access agreement between Lots 1 and 2 shall be submitted
prior to the City releasing the final plat mylars.
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4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of the permit.
5. Lapse. If within one year of the issuance of this permit construction of the
commercial buildings has not commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: November 2, 2015
CITY OF LAKEVILLE
BY:________________________
Matt Little, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 2nd day of November, 2015 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
1
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 15-____
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves
a Conditional Use Permit to allow:
a) More than one principal building on a commercial lot
b) A total impervious surface area greater than 25% in the Shoreland Overlay District of
Lee Lake
c) A residential care facility in the C-3 District
2. Property. The permit is for the following described property located in the City of Lakeville,
Dakota County, Minnesota and legally described as follows:
Lot 2, Block 1, Kenyon Retail
3. Conditions. The permit is issued subject to the following conditions:
a) Implementation of the recommendations listed in the May 15, 2015 engineering
report.
b) Implementation of the recommendations of the Parks, Recreation and Natural
Resources Committee.
c) The site and buildings on Lot 2 shall be developed in compliance with the plans
approved by the City Council.
d) The developer shall dedicate a 15 foot wide trail and retaining wall easement along
the north 15 feet of the plat adjacent to 162nd Street (CSAH 46).
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e) Landscaping shall be installed according to the landscape plan approved by the City
Council. A $30,000 financial security shall be submitted prior to release of the final plat
mylars to guarantee installation of the landscaping.
f) All signs shall comply with Zoning Ordinance requirement. A comprehensive sign plan shall
be submitted for staff review prior to the issuance of any sign permits. A sign permit must
be issued by the City prior to the installation of any signs.
g) Site and building lighting shall be installed consistent with the lighting plan and photometric
plan approved by the City Council. Parking lot lighting shall be down-cast cut-off type
fixtures only. Tilt-up light fixtures are not permitted. Building lighting shall be down-cast
only as required by the Zoning Ordinance.
h) All building materials on Lot 2 shall be integral colored masonry and prefinished
composite siding and shall meet the exterior building materials requirements as
outlined in the RH-1, High Density Residential District. Painted masonry is not
permitted.
i) Ownership, covenants, restrictions and maintenance shall be established separately
for Lots 1 and 2 for buildings and common areas and shall be under condominium
ownership pursuant to Minnesota statutes 515A.1-106. A copy of the property
ownership, covenants and maintenance responsibility documents shall be submitted
for City Attorney review prior to the City releasing the final plat mylars.
j) All exterior utility meters and fixtures shall be located in interior side or rear yard areas
when possible and shall be screened from public right-of-way.
k) All private sanitary sewer services and maintenance shall be the responsibility of the
property owner or association.
l) A northbound right turn lane, southbound left turn lane and Kenyon Avenue striping
shall be installed on Kenyon Avenue by the developer in accordance with the SRF
traffic study recommendations.
m) Snow storage shall not occur within required parking spaces and shall not infringe
upon vehicle site circulation or sight visibility.
n) Trash and recyclables on Lot 2 shall be stored inside the building.
o) A signed shared driveway access agreement between Lots 1 and 2 shall be submitted
prior to the City releasing the final plat mylars.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of the permit.
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5. Lapse. If within one year of the issuance of this permit construction of the residential
care facility buildings has not commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: November 2, 2015
CITY OF LAKEVILLE
BY:________________________
Matt Little, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 2nd day of November, 2015 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
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
KENYON RETAIL CONDITIONAL USE PERMIT
On May 21, 2015 the Lakeville Planning Commission met to consider the application of
Diversified Equity Investment, LLC. for a Conditional Use Permit to allow:
a) More than one principal building on a commercial lot
b) Impervious surface area greater than 25% in the Shoreland Overlay District of Lee
Lake
c) A drive-in and convenience food establishment in the C-3 District
The Planning Commission conducted a public hearing on the proposed conditional use
permit that was 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 C-3, General Commercial District and lies within the Shoreland
Overlay District for Lee Lake.
2. The property is located in Planning District No. 1 of the Comprehensive Land Use
Plan. Planning District No. 1 supports commercial development on commercially
guided and zoned properties.
3. The legal description of the property is:
Lot 1, Block 1, Kenyon Retail
4. Section 11-4-3.E of the City of Lakeville Zoning Ordinance directs the Planning Commission
to consider possible effects of the proposed use based upon five factors. The five factors and
the 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 commercial uses are consistent with the goals and objectives as outlined
in District 1 of the Comprehensive Land Use Plan.
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b) The proposed use will be compatible with future land uses of the area.
The proposed commercial uses will be compatible with present and future land uses
of the area provided conformance with the stipulations outlined in the Conditional
Use Permit.
c) The proposed use conforms with all performance standards contained in
the Zoning Ordinance.
The proposed commercial uses will conform with all performance standards contained
in the Zoning Ordinance provided conformance with the stipulations outlined in the
Conditional Use Permit.
d) The proposed use can be accommodated with existing public services and will
not overburden the City’s service capacity.
The proposed commercial uses can be accommodated by existing and proposed
sanitary sewer and water services.
e) Traffic generation by the proposed use is within capabilities of streets serving
the property.
The proposed commercial uses can be accommodated by the existing streets that
serve the property.
5. The planning report dated May 13, 2015 prepared by Frank Dempsey, Associate
Planner is incorporated herein.
DATED: November 2, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
KENYON RETAIL CONDITIONAL USE PERMIT
On May 21, 2015 the Lakeville Planning Commission met to consider the application of
Diversified Equity Investment, LLC. for a Conditional Use Permit to allow:
a) More than one principal building on a commercial lot
b) Impervious surface area greater than 25% in the Shoreland Overlay District of Lee
Lake
c) A residential care senior living facility in the C-3 District
The Planning Commission conducted a public hearing on the proposed conditional use
permit that was 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 C-3, General Commercial District and lies within the Shoreland
Overlay District for Lee Lake.
2. The property is located in Planning District No. 1 of the Comprehensive Land Use
Plan. Planning District No. 1 supports commercial development on commercially
guided and zoned properties.
3. The legal description of the property is:
Lot 2, Block 1, Kenyon Retail
4. Section 11-4-3.E of the City of Lakeville Zoning Ordinance directs the Planning Commission
to consider possible effects of the proposed use based upon five factors. The five factors and
the 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 residential care facility use is consistent with the goals and objectives as
outlined in District 1 of the Comprehensive Land Use Plan.
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b) The proposed use will be compatible with future land uses of the area.
The proposed residential care facility use will be compatible with present and future
land uses of the area provided conformance with the stipulations outlined in the
Conditional Use Permit.
c) The proposed use conforms with all performance standards contained in
the Zoning Ordinance.
The proposed residential care facility use will conform with all performance standards
contained in the Zoning Ordinance provided conformance with the stipulations
outlined in the Conditional Use Permit.
d) The proposed use can be accommodated with existing public services and will
not overburden the City’s service capacity.
The proposed residential care facility use can be accommodated by existing and
proposed sanitary sewer and water services.
e) Traffic generation by the proposed use is within capabilities of streets serving
the property.
The proposed residential care facility use can be accommodated by the existing
streets that serve the property.
5. The planning report dated May 13, 2015 prepared by Frank Dempsey, Associate
Planner is incorporated herein.
DATED: November 2, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
1
183907v1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION RECOMMENDING RELEASE OF
CERTAIN DEED RESTRICTIONS
WHEREAS, Diversified Equity Investments, LLC (“Owner”) is the fee owner of property
located in the City of Lakeville, Dakota County, Minnesota legally described as follows:
Parcels 1B, 3B and 4B, all as depicted on DAKOTA COUNTY ROAD RIGHT-
OF-WAY MAP NO. 146, on file in the Office of the Dakota County Recorder
(“Property”);
WHEREAS, the Property was originally acquired from Dakota County by limited
warranty deed dated October 30, 2001 and recorded as Document No. 1839709 with the Dakota
County Recorder’s Office on December 13, 2001 (“Deed”). The Deed contained the following
deed restrictions recommended by the City:
A. Driveway access onto Kenyon Avenue from the land described herein as
Parcel No. 22-00110-010-06 and Parcel No. 22-00110-010-07 is prohibited
even when platted or consolidated with other property in the future;
B. A combined total of two driveway accesses that meet the City of Lakeville’s
spacing standards are permitted for the land described herein as Parcel No.
22-00110-030-05 and Parcel No. 22-00110-012-05;
C. The land may not be used for the sale of gasoline, either as a principal or
accessory use, or for a fast food restaurant;
(collectively “Deed Restrictions”);
WHEREAS, Owner desires to plat the Property as part of its Kenyon Retail development
in the City of Lakeville and proposes to develop it with multiple retail buildings and possible
memory care facilities;
WHEREAS, Owner is seeking to have the Deed Restrictions released from the Property to
allow additional options for development of the Property;
WHEREAS, City staff recommends that the City’s zoning and subdivision ordinances
control the development and uses for the Property and recommends that the City support release of
the deed restrictions by the County;
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183907v1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville
that the City supports release of the Deed Restrictions by Dakota County.
ADOPTED this _______ day of _____________, 2015, by the City Council of the City of
Lakeville, Minnesota.
CITY OF LAKEVILLE
BY: _______________________________
Matt Little, Mayor
ATTEST:
______________________________
Charlene Friedges, City Clerk
City of Lakeville
Planning Department
Memorandum
To Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: May 13, 2015
Subject: Packet Material for the May 21, 2015 Planning Commission Meeting
Agenda
Item: 1) Kenyon Retail Preliminary and Final Plat
2) Conditional Use Permit to allow:
a) More than one principal building on a commercial lot
b) Impervious surface area greater than 25% in the Shoreland Overlay
District of Lee Lake
c) A senior living facility in the C-3 District
Application Action Deadline: Preliminary Plat (July 18, 2015)
INTRODUCTION
Representatives of Diversified Equity Investment, LLC have submitted preliminary and
final plat and conditional use permits plans for development of the 4.58 acre metes and
bounds described property located at the southeast corner of Kenyon Avenue and 162nd
Street (CSAH 46). The Planning Commission previously held a public hearing for
preliminary plat and conditional use permit applications for development of the same
property on January 8, 2015. The City Council approved the preliminary plat and
conditional use permit on January 20, 2015.
The previous preliminary plat did not propose the east half of the property as a lot, but
rather as an outlot meaning that that outlot would have to be preliminary and final
platted in the future prior to development. Since that time, the developer has decided to
move forward with the development of the east half of the property at this time. As such,
a new preliminary plat of the entire property is being processed, as well as a conditional
use permit for the proposed by LiveWell Communities for a 36 unit memory care senior
living facility with two principal buildings on Lot 2.
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The plans have been reviewed by the Engineering Division, the Parks and Recreation
Department, the Parks, Recreation and Natural Resources Committee, and the Department of
Natural Resources (DNR).
EXHIBITS
A. Zoning Map
B. Aerial Photo
C. Applicant’s Narrative
D. Preliminary Plat
E. Final Plat
F. Property Survey
G. Tree Preservation Plan
H. Overall Site Plan
I. Site Plans Lots 1 & 2 (2 Pages)
J. Grading Plans (3 Pages)
K. Utility Plan (3 Pages)
L. Landscape Plan (3 Pages)
M. Stormwater Pollution Prevention Plan
N. Building Floor and Elevation Plans (2 Pages)
O. Site Lighting Plan (2 Pages)
P. Dakota County Plat Commission Report
Surrounding Land Uses and Zoning:
north – 162nd Street (CSAH 46) and freeway interchange right-of-way.
south – Kenyon Avenue and undeveloped former Jackson Landscape property (PUD and
Shoreland Overlay District).
east – Interstate 35 right-of-way.
west – Kenyon Avenue and commercial development (C-3 and Shoreland
Overlay District.
STAFF ANALYSIS
I. PRELIMINARY AND FINAL PLAT.
a. Comprehensive Plan. The subject property is guided Commercial in the 2008
Comprehensive Land Use Plan and is located in Planning District No. 1, which
incorporates the area of Interstate 35/County Road 50/Orchard Lake District,
including the area of Lee Lake. The proposed commercial use of the property is
consistent with the 2030 Land Use Plan and District 1 recommendations.
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b. Zoning. The property is zoned C-3, General Commercial District and lies within
the Shoreland Overlay District of Lee Lake. The C-3 District allows retail, office,
service and other commercial uses such as senior memory care facilities by
conditional use permit as specifically outlined in the C-3 District. The C-3 District
also allows developments with more than one principal building on a single lot
subject to the approval of a conditional use permit. The Shoreland Overlay District
requires a conditional use permit for impervious surface area greater than 25%.
c. Lots/Blocks. The Kenyon Retail preliminary and final plat consists of two lots and one
outlot totaling 199,600 square feet (4.58 acres). Lot 1 at 86,291 square feet in area
exceeds the minimum required lot area of 20,000 square feet. Lot 2 at 113,312 square
feet also exceeds the minimum required lot area.
d. Streets. The preliminary and final plat of Kenyon Retail has frontage on Kenyon Avenue
and 162nd Street (CSAH 46) with a single access onto Kenyon Avenue and a private driveway
connection between the two lots. Kenyon Avenue is designated as a major collector and
162nd Street is designated as a high density minor arterial in the City’s Transportation Plan.
As an alternative to dedicating additional right-of-way for CSAH 46 to meet the County’s
need for a future six lane divided roadway, Dakota County has agreed to accept from the
developer a dedicated 15 foot wide trail, drainage, utility and retaining wall easement
along the north property boundary adjacent to CSAH 46.
The developer will construct the right-turn lane on Kenyon Avenue at the proposed
driveway access as well as restripe Kenyon Avenue to allow for left turn lanes as
recommended by the traffic study conducted by the City’s transportation consultant, SRF.
SRF completed a traffic and access study for this proposed development. The study
determined that the proposed design meets the design standards for access at the
proposed location onto Kenyon Avenue provided that no sight obstructions are
located within the line of sight to the west of the driveway entrance. The site has
been designed so that parked vehicles and landscaping will not be located within
the sight visibility area at the driveway entrance. The proposed driveway onto
Kenyon Avenue meets the minimum design and access spacing guidelines.
Due to the proximity of the preliminary and final plat adjacent to Interstate 35,
MNDOT reviewed the plans with a recommendation that light signals be installed at
Kenyon Avenue and 162nd Street (CSAH 46). CSAH 46 is under the jurisdiction of
Dakota County. Any future signals must be approved by the County. Dakota County
has indicated to staff that they are monitoring the intersection at this time but have
determined that warrants are not currently met for installation of signal lights.
A future traffic signal is anticipated at the intersection of Kenyon Avenue and 162nd
Street (CSAH 46). Consistent with the approval of the Kent 46 final plat on the west
side of Kenyon Avenue, the developer will be required to pay one-third of the City’s
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45% share of the cost of the traffic signal. This amount is estimated to be $37,500,
which must be submitted prior to the City’s release of the final plat mylar.
The Dakota County Plat Commission recommended approval of the preliminary plat
with the additional easement dedication at their November 17, 2014 meeting.
e. Grading, Drainage, Erosion Control and Utilities. Grading, drainage, erosion control
and utility plans have been submitted with the Kenyon Retail preliminary and final plat. A
stormwater pond will be constructed within Outlot A to serve the stormwater management
needs from the development. Outlot A will be deeded to the City with the final plat. The
proposed new buildings will be able to utilize existing sanitary sewer and water utilities
adjacent to the property. The existing City sanitary sewer and water systems are adequate to
accommodate the proposed commercial buildings.
Grading, drainage, erosion control, and utility issues are addressed in the engineering
review memo prepared by Alex Jordan, Civil Engineer and Mac Cafferty, Environmental
Resources Manager dated May 13, 2015. A copy of the engineering report is attached
for your review. The Engineering Division recommends approval of the Kenyon Retail
preliminary and final plat and conditional use permit subject to the comments outlined
in the engineering report.
f. Wetlands. There are no wetlands located within the Kenyon Retail preliminary and
final plat.
g. Tree Preservation. The tree preservation plan identifies 22 significant trees on
the site. The development will remove all 22 trees for site grading. Forty-seven (47)
new trees will be planted on Lot 1 and 33 trees on Lot 2 in accordance with the
proposed landscape plan.
h. Park Dedication. Kenyon Retail will be subject to the commercial park
dedication fee since the Park and Open Space Plan does not identify need for park
purposes in the vicinity of this preliminary and final plat. The commercial rate for
park dedication is $7,693 per acre which results in a total park dedication cash fee of
$32,464.46 for the 4.58 acres, excluding the 0.36 acre Outlot A.
II. CONDITIONAL USE PERMIT
A conditional use permit is required for the proposed development to allow: 1)
more than one principal building on a commercial lot, 2) impervious surface area
greater than 25% in the Shoreland Overlay District of Lee Lake, and 3) a senior living
facility in the C-3 District. A conditional use permit was previously approved on
January 20, 2015 on Lot 1 for a convenience food with drive-through service and
two principal buildings on one lot and an impervious surface area greater than 25%.
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On Lot 2, the four living units in the smaller detached building are intended for
residents requiring a higher level of care as described in the applicant’s narrative.
The applicant’s narrative describes the senior living facility as a memory care
residential building for residents requiring a higher level of care than traditional
assisted living facilities. The focus is on offering a higher level of care to those
affected by memory loss and higher acuity assisted living.
A) Section 11-73-7 (L) of the Zoning Ordinance allows multiple principal buildings
on one lot of record, provided that:
1. Base Lot Requirements: The base lot shall conform to the minimum lot area, lot
width, and setback requirements of Section 11-73-13 of this chapter.
The proposed Kenyon Retail lots conform to the minimum lot area, lot width, and
setback requirements of the C-3 District as follows:
Lot 1
Min. Required Setbacks Proposed Buildings
Public Right of Way---------30 feet Public Right of Way (north)-------35 feet
Side Yard (east)--------------10 feet Side Yard (east) ----------------------80 feet
Lot 2
Min. Required Setbacks Proposed Buildings
Public Right of Way---------30 feet Public Right of Way (north/south)-30 feet
Side Yard (east)--------------10 feet Side Yards (west/east-----------------30 feet
2. Setbacks: Setbacks between multiple principal buildings within the same base lot
shall be a minimum of twenty feet (20').
The minimum proposed setback between buildings will be 23 feet on Lot 2 in compliance
with Zoning Ordinance requirements as shown on the site plan.
3. Common Areas: All common areas including, but not limited to, open space,
wetlands, greenways, drainage ponds, driveways, parking areas, sidewalks, etc., shall
be maintained in one of the following ways:
a. All of the property including buildings and common areas shall be owned by a
single entity.
b. Condominium ownership pursuant to Minnesota statutes 515A.1-106.
5
c. The property shall be divided into a base lot and unit lots to allow for individual
ownership of the principal buildings or individual tenant spaces within the
principal building, with each owner of a unit lot having an equal and undivided
interest in the common area.
The conditional use permit and development contract will stipulate that all of the
private property including buildings, parking and common areas on each lot shall be
owned by a single entity or shall meet the requirements for condominium ownership
pursuant to Minnesota statutes 515A.1-106. A copy of the common area ownership
and maintenance agreement shall be submitted to the City for review.
4. Utilities:
a. Underground Or Exterior Service: All utilities including telephone, electricity,
gas, and telecable shall be installed underground. Exterior utility meters and
fixtures shall be located in interior side or rear yards when possible and shall be
screened from view of adjacent properties and the public right of way.
All utilities will be placed underground as required by the City Code. All exterior utility
meters and fixtures shall be located in interior side or rear yard areas when possible and
shall be screened from public right-of-way.
b. Public Utility Service: Separate public utility services shall be provided to each
unit unless exempted by the city engineer.
(1) Water Connection: A shutoff valve for each individual unit shall be provided.
A water shutoff valve shall be provided for each individual unit as required by the
conditional use permit.
(2) Sewer Connection: Where more than one unit is served by a sanitary sewer
service, all maintenance and cleaning shall be the responsibility of the
maintenance association or owners.
All sanitary sewer services and maintenance shall be the responsibility of the
property owner or association.
B) The subject property is located in the Shoreland Overlay District of Lee Lake and
within the Crystal Lake Watershed Area. The Shoreland Overlay District for Lee
Lake allows impervious surface area up to 70% with the approval of a conditional
use permit. Lot 1 proposes an impervious surface area of 68% in compliance with
the Shoreland Overlay District impervious surface area requirements. Lot 2
proposes an impervious surface area of 34.9%. The overall total project area
impervious surface coverage is 46.4%. Section 11-102-13.F.2a(2) of the Zoning
6
Ordinance allows more than 25% impervious in the Shoreland Overlay District
provided that the following criteria are met:
(1) All structures and practices are in place for the treatment of stormwater
runoff.
The grading, drainage and utility plans identify the proposed stormwater infiltration
and treatment design in compliance with Zoning and Subdivision and MPCA
requirements. Grading and utilities are discussed in more detail in the attached
engineering report dated May 13, 2015.
(2) A conditional use permit and shoreland impact plan are submitted and
approved as provided for in the Shoreland Overlay District section of the Zoning
Ordinance.
A conditional use permit application and shoreland impact plan have been
submitted and consists of the stormwater management, grading, drainage and
erosion control and storm water pollution prevention plan (SWPPP, and landscape
plan which includes provisions and details for erosion control and turf restoration.
(3) Any removal of significant trees shall require a tree preservation plan in
accordance with the City’s preservation guidelines.
The existing topography, constricted boundaries of the property and the grading
required to make the site developable will require the removal of all 22 existing
significant trees. All trees are proposed to be removed to accomplish the proposed
grading within the site. The landscape plan proposes the planting of 47 new trees in
conjunction with the proposed development on Lot 1 and 33 new trees on Lot 2.
(4) Measures are in place for the treatment of stormwater runoff and/or
prevention of stormwater from directly entering a public water including such
appurtenances as nutrient removal basins and other measures described in the
MPCA guidance document for best management practices for stormwater
quality protection in urban areas.
The stormwater plan will prevent stormwater from directly entering a public water and is
designed according to MPCA best management practices as outlined in the attached
engineering memorandum.
Signage. Multiple occupancy commercial buildings with individual entrances located in the
C-3, General Commercial District and within the Freeway Corridor District are allowed up to
15% of the building façade or 150 square feet of individual tenant wall signage, whichever is
less. In addition, a single freestanding sign is permitted up to 150 square feet in area and 30
feet in height. Two freestanding signs are shown on Lot 1 which is not allowed by the Zoning
Ordinance. One freestanding sign is allowed per lot. A sign permit must be issued by the
7
Planning Department prior to the installation of any signage. A comprehensive sign plan and
a sign permit is required prior to the installation of any signage.
III. SITE PLAN REVIEW
Section 11-73-3 of the Zoning Ordinance allows retail, office, service business and senior
care facility uses in the C-3, General Commercial District. Senior care facilities are
allowed by conditional use permit. The following is a review of the site plan submitted
with the preliminary and final plat based on Zoning and Subdivision Ordinance
requirements:
Landscaping/Screening. The landscape plan for Lot 1 proposes 47 trees, 128 shrubs
and numerous perennial and ground cover plants. Lot 2 proposes 33 trees and 53
shrubs and perennial plants. The proposed landscape materials meet the requirements
of the Zoning Ordinance for size and species of plant materials as guided by the
Corridor and Gateway Design Guidelines. The landscaped areas of the property will be
irrigated as identified on the landscape plan and in compliance with Zoning Ordinance
requirements. A $30,000 financial security shall be submitted with the City Council’s
approval of the final plat to guarantee installation of the landscaping.
Parking/Circulation. Access to the site will be from a single driveway access onto
Kenyon Avenue which will act as a shared driveway for both Lots 1 and 2. The location
of this access was determined by the existing and proposed topography of the property
and following a study by the City’s traffic engineering consultant, SRF. The location of
the driveway onto Kenyon Avenue is considered acceptable provided that sight
visibility is maintained.
The developer proposes 92 parking spaces on Lot 1 and 22 parking spaces on Lot 2.
Both lots provide the required number of parking spaces for each use. The multi-tenant
occupancy commercial buildings on Lot 1 require one parking space for each 160
square feet of building floor area for a total of 68 parking spaces. A 10 percent floor
area credit for restrooms, closets and mechanical equipment space is permitted.
12,000 square feet – 10% = 10,800 square feet / 160 = 68 spaces
Lot 2 requires 22 parking spaces. The site proposed 22 surface parking spaces and one
indoor space for a total of 23 parking spaces. Parking for the 36 unit senior living facility
is determined as follows:
4 spaces per 10 dwelling units, plus spaces equal to the number of employees on a
maximum shift = 14 + 8 = 22 spaces
The number and design of the parking spaces and drive aisles meets the requirements
of the Zoning Ordinance.
8
Sidewalks. Sidewalks are proposed in front of both commercial buildings on Lot 1 and
within Lot 2 between the parking lot and building entrances. Sidewalks are also
provided along Kenyon Avenue and 162nd Street (CSAH 46).
Building Design. The building exterior for the senior living facility on Lot 2 will include
combinations of stone, cement composite horizontal siding, cement composite shakes
and trim boards consistent with the requirements of the RH-1, High Density Residential
District requirements. The exterior building materials for both buildings must be
consistent with integral colored masonry and factory finished composite siding as
required by the Zoning Ordinance. The exterior building materials may not be painted.
The architecture and proposed exterior materials complies with the Zoning Ordinance
requirements subject to the stipulation of the integral colored masonry materials and
minimum fascia percentages. The exterior building materials for the two buildings on
Lot 1 was approved by conditional use permit by the City Council on January 20, 2015.
Building Height. A maximum building height of 35 feet or three stories is allowed in the C-
3 District unless approved by conditional use permit. The height of the two commercial
buildings on Lot 1 will be between 19 and 22.5 feet tall. The senior living buildings are
single story. The main building will be 22 feet, three inches tall and the smaller building will
be 15 feet tall.
Roof-Top Mechanical Equipment Screening. A parapet wall is designed into the
proposed commercial buildings which will provide screening for roof-top mechanical
equipment the building on Lot 1. Lot 2 will have no roof-top mechanical equipment. All
ground mounted equipment will be landscaped for screening.
Trash Enclosure. A 14 wide, 24 foot long trash enclosure will be located on the east side of
Lot 1. The trash enclosure will include a face brick exterior to match the building. The
enclosure must be a minimum of six feet tall with a durable maintenance free gate material.
The trash storage area for Lot 2 will be located inside the building.
Snow Storage. Snow storage must be maintained outside any required parking spaces
and must occur on private property. Any excess snow shall be hauled off site.
Department of Natural Resources. The Department of Natural Resources (DNR) has
been informed of the conditional use permit for impervious surface area greater than
25%. The DNR has not provided comments to the City.
RECOMMENDATION
Planning Department staff recommends approval of the Kenyon Retail preliminary and final plat
and conditional use permit subject to the following stipulations:
9
1. Implementation of the recommendations listed in the May 13, 2015 engineering
report.
2. Implementation of the recommendations of the Parks, Recreation and Natural
Resources Committee.
3. The site and buildings on Lots 1 and 2 shall be developed in compliance with the
plans approved by the City Council.
4. The developer shall dedicate a 15 foot wide trail, drainage, utility and retaining
wall easement along the north 15 feet of the plat adjacent to 162nd Street (CSAH
46).
5. Prior to release of the final plat mylar, the developer shall submit a cash escrow for
the future signalization of 162nd Street (CSAH 46) and Kenyon Avenue totaling
one-third of the estimated 45% City cost to fund the future signal.
6. Landscaping shall be installed according to the landscape plan approved by the
City Council. A $30,000 financial security shall be submitted prior to release of the
final plat mylar to guarantee installation of the landscaping.
7. All signs shall comply with Zoning Ordinance requirement. A comprehensive sign plan
shall be submitted for staff review prior to the issuance of any sign permits. A sign
permit must be issued by the City prior to the installation of any signs.
8. Site and building lighting shall be installed consistent with the lighting plan and
photometric plan approved by the City Council. Parking lot lighting shall be down-cast
cut-off type fixtures only. Tilt-up light fixtures are not permitted. Building lighting shall
be down-cast only as required by the Zoning Ordinance.
9. All building materials on Lot 2 shall be integral colored masonry and prefinished
composite siding and shall meet the exterior building materials requirements as
outlined in the RH-1, High Density Residential District. Painted masonry is not
permitted.
10. Ownership, covenants, restrictions and maintenance shall be established
separately for Lots 1 and 2 for buildings and common areas and shalll be under
condominium ownership pursuant to Minnesota statutes 515A.1-106. A copy of
the property ownership, covenants and maintenance responsibility documents
shall be submitted for City Attorney review prior to City Council consideration of
the final plat.
11. All exterior utility meters and fixtures shall be located in interior side or rear yard
areas when possible and shall be screened from public right-of-way.
10
12. All private sanitary sewer services and maintenance shall be the responsibility of
the property owner or association.
13. All loading and deliveries on Lot 1 shall take place at the front door entrances of
the building during off-peak hours of operation so as not to interfere with on-site
traffic circulation.
14. A northbound right turn lane, southbound left turn lane and Kenyon Avenue
striping shall be installed on Kenyon Avenue by the developer in accordance with
the SRF traffic study recommendations.
15. The sight visibility area west of the driveway access shall at all times be kept clear
of visual obstructions, including snow storage.
16. Snow storage shall not occur within required parking spaces and shall not infringe
upon vehicle site circulation or sight visibility.
17. The trash enclosure gates on Lot 1, Block 1 shall be constructed of durable
maintenance free PVC vinyl or pre-finished metal. Trash and recyclables on Lot 2,
Block 1 shall be stored inside the building.
18. Outlot A shall be deeded to the City for stormwater management purposes.
19. A signed shared driveway access agreement between Lots 1 and 2 shall be
submitted prior to City Council consideration of the preliminary and final plat and
conditional use permit.
Findings of Fact for the conditional use permit are attached
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S.W. FRONTAGE ROAD 162ND STREET WESTKENYON AVENUE
KENYON RETAIL
COUNTY RD. 46 AND HWY 35, LAKEVILLE, MN 55044
4931 W 35TH STREET, SUITE 100, ST. LOUIS PARK, MN 55416
DIVERSIFIED EQUITIES LLC
PROJECT
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S.W. FRONTAGE ROAD 162ND STREET WESTKENYON AVENUE
KENYON RETAIL
COUNTY RD. 46 AND HWY 35, LAKEVILLE, MN 55044
4931 W 35TH STREET, SUITE 100, ST. LOUIS PARK, MN 55416
DIVERSIFIED EQUITIES LLC
PROJECT
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
KENYON RETAIL CONDITIONAL USE PERMIT
FINDINGS OF FACT
On May 21, 2015 the Lakeville Planning Commission met to consider the application of
Diversified Equity Investment, LLC. for a Conditional Use Permit to allow:
a) More than one principal building on a commercial lot
b) Impervious surface area greater than 25% in the Shoreland Overlay District of
Lee Lake
c) A senior living facility in the C-3 District
The Planning Commission conducted a public hearing on the proposed application
that was 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 zoned C-3, General Commercial District and lies within the Shoreland
Overlay District for Lee Lake.
2. The property is located in Planning District No. 1 of the Comprehensive Land
Use Plan. Planning District No. 1 supports commercial development on
commercially guided and zoned properties.
3. The legal description of the property is:
Lot 2, Block 1, Kenyon Retail
4. Section 11-4-3.E of the City of Lakeville Zoning Ordinance directs the Planning
Commission to consider 5 possible adverse effects of the proposed use. The 5 possible
affects 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 retail and senior housing use consistent with the goals and objectives
as outlined in District 1 of the Comprehensive Land Use Plan.
1
b) The proposed use will be compatible with future land uses of the area.
The proposed retail and senior housing uses will be compatible with present and
future land uses of the area provided conformance with the stipulations outlined
in the Conditional Use Permit.
c) The proposed use conforms with all performance standards contained
in the Zoning Ordinance.
The proposed retail and senior housing will conform with all performance
standards contained in the Zoning Ordinance provided conformance with the
stipulations outlined in the Conditional Use Permit.
d) The proposed use can be accommodated with existing public services and
will not overburden the City’s service capacity.
The proposed retail and senior housing can be accommodated by existing and
proposed sanitary sewer and water services.
e) Traffic generation by the proposed use is within capabilities of streets
serving the property.
The proposed retail and senior housing can be accommodated by the existing
streets that serve the property.
5. The planning report dated May 13, 2015 prepared by Frank Dempsey, Associate
Planner is incorporated herein.
2
DATED: June 1, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
3
City of Lakeville
Public Works – Engineering Division
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
Dave Olson, Community & Economic Development Director
Gene Abbott, Building Official
Jerilyn Erickson, Finance Director
Date: May 15, 2015
Subject: Kenyon Retail
• Preliminary and Final Plat Review
• Preliminary and Final Grading Plan Review
• Preliminary and Final Utility Plan Review
• Preliminary and Final Site Plan Review
• Conditional Use Permit Application
BBAACCKKGGRROOUUNNDD
Diversified Equities, LLC has submitted a preliminary and final plat and conditional use permit
applications to be known as Kenyon Retail. The proposed development is located west of and
adjacent to Interstate-35, south of and adjacent to 162th Street (CSAH 46), and north and east
of and adjacent to Kenyon Avenue. The parent parcels consist of four metes and bounds
parcels (PID Nos. 220011006020, 220011005012, 220011017020, 220011005030) zoned C-3
General Commercial District.
The preliminary and final plat consists of two commercial lots within one block and one outlot
on 4.58 acres. Lot 1, Block 1 is proposed to be developed to include a 4,200 s.f.
retail/restaurant building and a 7,800 s.f. retail building. Lot 2, Block 1 will contain a 32 unit
senior memory care building and a 4-unit specialty senior memory care building. The
Developer is dedicating a 15-foot wide trail, drainage, utility, and retaining wall easement
south of and adjacent to 162nd Street.
The outlot created with the preliminary and final plat shall have the following use:
Outlot A: Stormwater management basin, to be deeded to the City (0.36 acres)
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The proposed subdivision will be completed by:
Developer: Diversified Equities, LLC
Engineer: Civil Site Group
SSIITTEE CCOONNDDIITTIIOONNSS
Kenyon Retail is located on grass land with moderate to steep grades that slope downward
from 162nd Street to the southeast. Three existing pairs of sanitary sewer and water services, in
addition to a public storm sewer apron that was installed with the Interstate-35/ CSAH 46
Interchange Project (City Project 91-3) are located on the site. One service pair will be unused
and therefore shall be removed with the site improvements. A $1,000 security will be required
with the final plat for the removal and abandonment of the one service pair. An existing
bituminous driveway to a demolished homestead located at 10905 162nd Street remains on
the site. A $2,000 security shall be submitted with the final plat for the removal and
restoration of the existing bituminous driveway, concrete driveway apron and curb cut. The
homestead was demolished, the well was properly abandoned, and one pair of utility services
were removed in 2006, and approved by the City’s Building Official. Several significant trees
are scattered throughout the site.
EEAASSEEMMEENNTTSS
The parent parcels contain an existing private easement. The following easement shall remain
and will not impact the design of the site:
• A private electric transmission easement established adjacent to the west plat
boundary, in favor of Dakota Electric Association.
SSTTRREEEETT AANNDD SSIITTEE LLAAYYOOUUTT
162th Street (CSAH 46)
Kenyon Retail is located south of and adjacent to 162th Street (CSAH 46), a minor arterial
County highway as identified in the City’s Transportation Plan. 162th Street is currently
constructed as a four-lane divided urban roadway with dedicated left and right turn lanes for
both eastbound and westbound traffic at the intersection with Kenyon Avenue. The current
Dakota County Road Plat Review Needs Map indicates the ultimate design for the section of
162nd Street adjacent to the site is a six-lane divided roadway. The ½ right-of-way requirement
for a six-lane divided urban roadway is 100 feet. The current ½ right-of-way is 75-feet adjacent
to the site. In consideration of the existing topography, shape of the parent parcels and
challenges of the site, the Dakota County Plat Commission agreed to require a 15-foot wide
trail, drainage, utility and retaining wall easement in lieu of additional right-of-way. The
easement will extend the entire length of the north plat boundary. The Dakota County Plat
Commission reviewed the final plat and recommended approval at its November 17, 2014
meeting.
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The Dakota County Transportation Department has indicated that a traffic signal warrant
analysis may be completed by the County within the near future at the intersection of 162nd
Street and Kenyon Avenue. The County indicated that this intersection currently does not
meet the warrants for a traffic signal. The Developer is required to provide a cash escrow with
the final plat for the future installation of a traffic signal at the 162nd Street/Kenyon Avenue
intersection. The cash escrow will be equal to one-third of the City’ 45% share of a traffic
signal cost, estimated as $37,500.
One of the parent parcels (PID No. 22-00110-05-012) was previously assessed for the street
and utility improvements to 162nd Street and Kenyon Avenue (assessment #0945 for City
Project 91-3). The remaining balance of $5,907.74 shall be paid with the final plat.
The three other parent parcels were previously assessed, with deferment, for the street and
utility improvements to 162nd Street and Kenyon Avenue. Development of Kenyon Retail shall
trigger the end of the deferments and the assessments shall be paid with the final plat. The
balance of the deferred assessments (#1086) for the City Project 91-3 improvements are as
follows:
PID No. Assessment Balance
22-00110-06-020 $40,785.01
22-00110-05-030 $8,470.27
22-00110-17-020 $31,526.22
Total $80,781.50
The Developer shall provide a security for one year of real estate taxes with the final plat. The
security is estimated as $45,504.30.
Kenyon Avenue
Kenyon Retail is located north and east of and adjacent to Kenyon Avenue, a major collector
as identified in the City’s Transportation Plan. The right-of-way width along Kenyon Avenue
varies between 80 and 90 feet along the south plat boundary and varies between 100 and
130 feet along the west plat boundary.
Kenyon Avenue is constructed as a 44-foot wide, two-lane undivided urban roadway,
including designated right and left turn lanes for northbound traffic at the 162nd Street
intersection. The City’s current capital improvement plan does not include improvements to
Kenyon Avenue at this location.
The City’s traffic engineering consultant, SRF Consulting Group, Inc., evaluated the current
traffic operations/lane use along Kenyon Avenue and the potential impacts associated with
the development of Kenyon Retail. The purpose of the study was to create an intersection at
the driveway entrance to Lot 1, Block 1 that would prevent delays and back-ups along Kenyon
Avenue at 162nd Street while maintaining traffic safety and adequate traffic flow. The study
concluded with a recommendation to re-stripe Kenyon Avenue to provide an eastbound left
turn lane at the access driveway. The Developer shall re-stripe Kenyon Avenue consistent with
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the previous recommendations. A $5,000 security shall be submitted with the final plat for the
removal of the existing striping by water blasting and the re-striping of Kenyon Avenue.
Site Plan – Lot 1, Block 1
The Developer proposes to construct a 4,200 s.f. Retail/Restaurant building and a 7,800 s.f.
Retail building on Lot 1, Block 1. A conditional use permit is required for multiple principal
structures within one lot, consistent with Chapter 73 of the Zoning Ordinance.
Development of the site includes the construction of a privately-owned and maintained
parking lot. The parking lot has a design capacity of 101 spaces, and includes a drive thru lane
circulating the proposed Retail/Restaurant building. Private sidewalks will be constructed
with the site development extending to the public sidewalk system along Kenyon Avenue.
Access to the site will be from a shared access driveway (with Lot 2, Block 1) at Kenyon
Avenue. The Developer has conducted a traffic study and intersection sight distance analysis
study to verify the functionality and safety of the driveway location. Adequate sight distance
can be provided at the proposed driveway location, given the sight lines remain clear of
obstructions.
The proposed driveway entrance will include the reconstruction of public curb and gutter and
sidewalk along Kenyon Avenue. A $9,178 security shall be submitted with the final plat for the
reconstruction of Kenyon Avenue with the driveway installation. The driveway entrance will
include a commercial concrete driveway apron, a stop sign, and stop bar as shown on the
plans. A street light will be installed at the driveway location.
Site Plan – Lot 2, Block 1
The Developer proposes to construct a 20,500 s.f. senior memory care building and a specialty
4-unit senior memory care building on Lot 2, Block 1. A conditional use permit is required for
multiple principal structures within one lot, consistent with Chapter 73 of the Zoning
Ordinance.
Development of the site includes the construction of a privately-owned and maintained
parking lot. The parking lot has a design capacity of 22 spaces including one handicapped
accessible stall, and includes a traffic circle to allow for on-site circulation. The site plan also
includes private sidewalks to provide pedestrian circulation within the site and access
between the two buildings. A memory care garden is designed in the rear of the main
building. Access to the site will be from a private drive connecting to a full shared access
driveway located on Lot 1, Block 1 at Kenyon Avenue. The Developer shall submit a private
cross access easement for the private drive crossing multiple lots with the final plat.
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic ingress and egress for grading, utility and street construction shall be
restricted to one entrance off of Kenyon Avenue via 162nd Street.
PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS
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PPAAGGEE 55 OOFF 1122
Development of Kenyon Retail includes the removal and reconstruction of public concrete
sidewalk. A portion of the existing sidewalk along Kenyon Avenue will be removed to
accommodate the proposed driveway location. The reconstructed sidewalk will align with
the existing sidewalk, as shown on the plans. The sidewalk installation shall include
pedestrian curb ramps, where the public sidewalk crosses the driveway. The Developer shall
provide a $7,440 security with the final plat for the construction of the public sidewalk and
pedestrian curb ramps. The Developer shall pay 100% of the costs necessary to repair all
sidewalks, including associated restoration.
A private sidewalk will be constructed within Lots 1 and 2, Block 1 to provide for on-site
pedestrian access. The private sidewalk will be constructed within the right-of-way to connect
to the public system west of Lot 1. The portion of the sidewalk to be constructed within the
right-of-way shall be privately owned and maintained.
The Park Dedication Fee has not been collected on the parent parcels and shall be paid with
the final plat. The Park Dedication Fee will be based on the rate in effect at the time of final
plat approval, calculated as follows:
Total Area of the Kenyon Retail Final Plat 4.58 acres
Less:
Outlot A – Stormwater Management Basin (-) 0.36 acres
Park Dedication Area 4.22 acres
2015 Commercial Park Dedication Rate $7,693.00 per acre
Park Dedication Fee Due with the Final Plat $32,464.46
UUTTIILLIITTIIEESS
SSAANNIITTAARRYY SSEEWWEERR
Kenyon Retail is located within subdistrict CL-41200 of the Crystal Lake sanitary sewer district
as identified in the City’s Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed
via existing trunk sanitary sewer to the MCES Burnsville Southwest Interceptor and continue
to the Seneca Wastewater Treatment Facility. The downstream facilities have sufficient
capacity to serve the proposed commercial development.
Development of Kenyon Retail includes the construction of two private sanitary sewer
systems. Privately owned and maintained 8-inch sanitary sewer services will be extended
within the parking lot from an existing 8-inch stub to provide service to the buildings located
on Lot 1, Block 1. Each building will have one service. An existing 8-inch stub located on Lot 2,
Block 1 will be extended within the parking lot to serve the two senior memory care
buildings. The sanitary sewer for the development shall be privately owned and maintained.
The sanitary sewer to serve the site was installed with the Interstate-35/CSAH 46 Interchange
Project (City Project 91-3) and previously assessed to the benefiting properties; therefore the
Lateral Sanitary Sewer Access Charge will not be collected with the final plat.
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The Trunk Sanitary Sewer Area Charge was previously assessed to one of the parent parcels
(PID No. 22-00110-05-012). The assessment has been paid. The Sanitary Sewer Availability
Charge shall be collected on the remaining parent parcels. The Trunk Sanitary Sewer Area
Charge was collected on 37.6% of the plat (1.72 acres/ 4.58 acres); therefore the Developer
shall pay 63.4% of the Sanitary Sewer Availability Charge prior to the issuance of building
permits. The Sanitary Sewer Availability Charge will be calculated when the MCES Sac Units
have been determined.
The Developer is eligible to receive one City Sac Unit credit for the demolished homestead
that was located at 10905 162nd Street which was connected to City Sewer.
Three sanitary service stubs were extended to the property to serve the parent parcels. One of
the existing services will be unused and therefore shall be permanently abandoned with the
development. The sanitary sewer service that is to be permanently abandoned must be first
televised for evidence of inflow and infiltration. If the City’s review of the televising suggests
no inflow and infiltration, the sanitary sewer service may be abandoned in place. If the City’s
review of the televising suggests any inflow and infiltration, the sanitary sewer service must
be plugged at the main by inserting a plug at the wye per the manufacturer’s
recommendations. In addition, any existing sanitary sewer service disturbed during water
service abandoning must also be plugged. GPS coordinates must be provided per Lakeville
Standard Plate LV-ST-11. All sanitary sewer service abandonment/removal work must be
inspected by the City’s Public Works Department.
WWAATTEERRMMAAIINN
The watermain within Kenyon Avenue to serve the proposed development was constructed
with the Interstate-35/CSAH 46 Interchange Project (City Project 91-3) and previously
assessed to the benefiting properties; therefore the Lateral Watermain Access Charge will not
be collected with the final plat.
Development of Kenyon Retail includes the construction of two private watermain systems.
Privately owned and maintained 8-inch watermain will be extended on Lot 1, Block 1 within
the parking lot from an existing 8-inch water service. Each building will be supplied with one
domestic water service. Private watermain will be extended from an existing 8-inch water
service within the parking lot on Lot 2, Block 2. Each building will be supplied with one
domestic water service. The watermain within the development shall be privately owned and
maintained.
Three water service stubs were extended to the property to serve the parent parcels. One of
the existing services will be unused and therefore shall be abandoned with the development.
The water service shall be capped at the property line. In addition, the curb box & stop and
stationary rod must be removed to the curb stop valve. The remaining portion of the water
service will be abandoned in place. GPS coordinates must be provided per Lakeville Standard
Plat LV-ST-11. The Developer shall pay a cash fee of $1,000 with the final plat for the future
maintenance related to the abandoned service repairs. All water service abandonment work
must be inspected by the City’s Public Works Department.
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Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City
staff with the building permit application.
OOVVEERRHHEEAADD LLIINNEESS
There are no overhead utility lines adjacent to the Kenyon Retail development; therefore no
utility burial is required.
DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
Kenyon Retail is located within subdistrict CL-12 of the Crystal Lake stormwater district as
identified in the City’s Water Resources Management Plan.
Development of Kenyon Retail includes the construction of one privately owned and
maintained stormwater management basin and one publicly owned stormwater
management basin. The private stormwater management basin will be located within Lot 2,
Block 2 and will treat runoff generated from the roof-tops and green space on the private lot.
Both basins shall be maintained by the Developer. The Developer shall sign a private
maintenance agreement for both stormwater basins and dedicate a drainage and utility
easement over the basin area for the stormwater basin on Lot 2 prior to City Council
consideration of the final plat. The public stormwater management basin will be located
within Outlot A and will treat runoff generated from Lots 1 and 2, Block 2. The basins will
provide water quality treatment, volume reduction and rate control of the stormwater runoff
generated from the proposed site improvements. The stormwater basin design is consistent
with City requirements.
The proposed basins discharge to the existing storm sewer system that was installed with the
Interchange-35/ CSAH 46 Interchange Project (City Project 91-3). The existing storm sewer
system ultimately drains to Lee Lake.
The final grading plan shall identify all fill lots in which the building footings will be placed on
fill material. The grading plan identifies that the proposed buildings on Lot 2, Block 1 are
designed to be constructed on 8 to 13 feet of 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 Certificate of Occupancies will not be issued until a soils report and an as-built
certified grading plan have been submitted and approved by City staff.
Kenyon Retail contains more than one acre of site disturbance. 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.
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SSTTOORRMM SSEEWWEERR
Development of Kenyon Retail includes the construction a private storm sewer system that
discharges to the public storm sewer. The private storm sewer will be installed within Lots 1
and 2, Block 1 and Outlot A to collect and convey stormwater runoff generated within the
development to the public storm sewer system. The Developer shall sign a private
maintenance agreement for the private storm sewer system located within a drainage and
utility easement along Kenyon Avenue and Outlot A prior to City Council consideration of the
final plat. The stormwater management basin then discharges to the existing public storm
sewer located within Kenyon Avenue. The Developer shall provide a $1,500 security with the
final plat for the connection to the existing public storm sewer manhole.
Existing public storm sewer located at the southwest corner of the site collects and conveys
runoff from a low area within the parent parcels to public storm sewer located along Kenyon
Avenue. Development of the site requires removal of the public storm sewer from the
property. The storm sewer shall be plugged as close to the manhole without undermining the
curb, bulkhead at the manhole and shall be filled with sand. A $1,500 security shall be
submitted with the final plat for the storm sewer removal and associated right-of-way
restoration.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels, and must
be paid with the final plat at the rate in effect at the time of final plat approval, calculated as
follows:
Gross Area of Kenyon Retail 199,603.00 s.f.
Less Area of Outlot A (Stormwater Management Basin) (-) 15,621.00 s.f.
Total = 183,982.00 s.f.
183,982.00 s.f. x $0.250/s.f. = $45,995.50
Net Area of Kenyon Retail 2015 Commercial Area Charge Total
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlot
A to the City, consistent with City policy. The credit is based on the area of the outlot and is
calculated at the rate of $5,500.00 per acre, and will be applied to the Kenyon Retail final plat
cash fees. The credit is calculated as follows:
0.36 acres x $5,500/acre = $1,980.00
Total Area of Outlot A Per Acre Credit Total
The Crystal Lake Surcharge has not been collected on the parent parcels and must be paid
with the final plat at the rate in effect at the time of final plat approval, calculated as follows:
Gross Area of Kenyon Retail 199,603.00 s.f.
Less Area of Outlot A (Stormwater Management Basin) (-) 15,621.00 s.f.
Total = 183,982.00 s.f.
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183,982.00 s.f. x $0.0195/s.f. = $3,587.65
Net Area of Kenyon Retail 2015 Commercial Area Charge Total
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
RREETTAAIINNIINNGG WWAALLLLSS
Development of Kenyon Retail includes the construction of privately owned and maintained
big block segmental retaining walls. Retaining walls shall be constructed outside of the
established drainage and utility easements and Outlot A, as shown on the plans. Retaining
walls with a combined height greater than four feet shall be designed by a registered
geotechnical or structural engineer and constructed in accordance with plans and
specifications consistent with MnDOT requirements. A separate building permit from the
City’s Building Official is required prior to the construction of the wall. The walls shall be
inspected during construction and certified by the design engineer following construction.
SSHHOORREELLAANNDD OOVVEERRLLAAYY DDIISSTTRRIICCTT
Kenyon Retail is located within the Shoreland Overlay District of Lee Lake and is therefore
subject to the Shoreland Overlay District requirements. The maximum impervious surface
coverage allowed within the Shoreland Overlay District is 25%. Development within a
commercial district may exceed 25% impervious surface coverage to a maximum of 70%, as
allowed by conditional use permit in Chapter 102 of the Zoning Ordinance. The impervious
surface coverage for Kenyon Retail is calculated as follows:
58,637 s.f. 34,112 s.f. / 199,603 s.f. = 46.47%
Impervious Surface Area of
Lot 1, Block 1 Kenyon Retail
Impervious Surface Area of
Lot 2, Block 1 Kenyon Retail
Gross Area of Kenyon Retail Total % Impervious
The Developer has requested a conditional use permit for the additional impervious surface
coverage.
FEMA FLOODPLAIN ANALYSIS
Kenyon Retail 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 on the site.
TTRREEEE PPRREESSEERRVVAATTIIOONN
The tree preservation plan identifies 22 trees on the site. The plan proposes to remove all
trees on the site.
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EERROOSSIIOONN CCOONNTTRROOLL
The erosion control plan was reviewed and includes the following:
• A gravel construction entrance is 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.
• Stormwater treatment areas will be graded first with the exception of the
infiltration/filtration areas.
• Silt fence will be installed to protect offsite areas from sediment transport.
• Erosion control blanket is shown on all pond slopes.
• Streets must be cleared of debris at the end of each day.
• Inlet protection is identified on the plans.
Additional erosion control measures may be required during construction as deemed
necessary by City staff or the Dakota County Soil and Water District. Any additional measures
required shall be installed and maintained by the developer.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer-installed
improvements relating to Kenyon Retail. Construction costs are based upon estimates
submitted by the Developer’s engineer on April 24, 2015.
CONSTRUCTION COSTS
Storm Sewer 33,830.00
Erosion Control, Stormwater and Infiltration Basins,
Restoration, Grading and Grading Certification
42,625.00
SUBTOTAL - CONSTRUCTION COSTS $ 76,455.00
OTHER COSTS
Developer’s Design (6.0%) $ 4,587.30
Developer’s Construction Survey (2.5%) 1,911.38
City’s Legal Expense (0.5%) 382.28
City Construction Observation (7.0%) 5,351.85
Developer’s Record Drawing (0.5%) 382.28
Abandon Existing Water Service 1,000.00
Remove Existing Bituminous Drive and Curb Cut 2,000.00
One Year Real Estate Taxes 45,504.30
Re-stripe Kenyon Avenue 5,000.00
Reconstruction of Kenyon Avenue at Proposed Driveway 9,178.00
Sidewalk and Pedestrian Curb Ramps along Kenyon Avenue 7,440.00
Connect to Existing Storm Sewer 1,500.00
Abandon Existing Public Storm Sewer 1,500.00
Street Lights 1,400.00
KKEENNYYOONN RREETTAAIILL –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT
MMAAYY 1155,, 22001155
PPAAGGEE 1111 OOFF 1122
Landscaping 30,000.00
Lot Corners/Iron Monuments 300.00
SUBTOTAL - OTHER COSTS $117,437.39
TOTAL PROJECT SECURITY $ 193,892.39
The street light security totals $1,400 which consists of one mast-arm street light.
The Developer shall post a security to ensure the final placement of iron monuments at
property corners with the final plat. The security is $100 per lot and outlot for a total of
$300.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all
irons have been placed following site grading, street and utility construction.
CCAASSHH FFEEEESS
A cash fee for traffic control signs is due with Kenyon Retail. Street signing consists of one left
arrow and straight arrow sign (R3-30AC) at $350. If the street signs are installed during frost
conditions, the developer shall pay an additional $150 for each street sign location.
A cash fee for one-year of streetlight operating expenses for Lots 1 and 2, Block 1, Kenyon
Retail shall be paid with the final plat. The cash fee is calculated as follows:
1135.37 f.f. x $0.2277/f.f./qtr. x 4 qtrs. = $1,034.09
Kenyon Avenue Front Footage Streetlight Operating Fee Total
A cash fee for one-year of surface water management expenses for Lots 1 and 2, Block 1 shall
be paid with the final plat and is calculated as follows:
4.22 acres X 4.2 REU x $7.00/unit/qtr. x 4 qtrs. = $496.27
Area of Lots 1 and 2, Block 1 Residential Equivalent
Utility Factor
Surface Water Management Fee Total
A cash fee for the preparation of record construction drawings and for upgrading the City
base map shall be paid at the time of final plat approval and is calculated as follows:
3 x $75.00/unit = $225.00
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.
The Developer shall also pay a cash fee for City Engineering Administration. The fee for City
Engineering Administration will be based on three percent (3.00%) of the estimated
construction cost, or $2,293.65.
KKEENNYYOONN RREETTAAIILL –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT
MMAAYY 1155,, 22001155
PPAAGGEE 1122 OOFF 1122
CASH REQUIREMENTS
Park Dedication Fee $ 32,464.46
Trunk Storm Sewer Area Charge 45,995.50
Crystal Lake Surcharge 3,587.65
Sanitary Sewer Availability Charge TBC w/ Building Permit
Future Traffic Signal at CSAH 46/Kenyon Avenue 37,500.00
Deferred Assessment #1086 80,781.50
Assessment #0945 5,907.74
Traffic Control Signs 350.00
Streetlight Operating Fee 1,034.09
Surface Water Management Fee 496.27
City Base Map Updating Fee 225.00
City Engineering Administration (3.00%) 2,293.65
SUBTOTAL CASH REQUIREMENTS $211,060.86
CREDITS TO THE CASH REQUIREMENTS
Outlot A (Deeded to the City) (Trunk Storm Sewer) $1,980.00
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS = $1,980.00
TOTAL CASH REQUIREMENTS $209,080.86
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the preliminary plat, final plat, grading and erosion
control plan, utility plan and tree preservation plan for Kenyon Retail, subject to the
requirements and stipulations within this report.