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HomeMy WebLinkAboutItem 06.o Date: Item No. RAVEN LAKE THIRD ADDITION PRELIMINARY AND FINAL PLAT AND VARIANCE Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Raven Lake Third Addition preliminary and final plat and a variance from Section 10-3-5.V of the Subdivision Ordinance and adopt the findings of fact. Overview NITI, LLC and Ron Clark Construction representatives are requesting approval of the Raven Lake Third Addition preliminary and final plat and house pad elevation variance. Raven Lake Third Addition proposes two single family lots and three outlots on 8.8 acres of land located on the west side of Jaguar Path, east of Kenwood Trail (CSAH 50). The Planning Commission held a public hearing on the Raven Lake Third Addition preliminary and final plat at their December 18, 2014 meeting and unanimously recommended approval. There was public comment from one neighboring homeowner. The Parks, Recreation and Natural Resources Committee also recommended unanimous approval of the preliminary and final plat at their December 17, 2014 meeting. The developer has extended City Council consideration of the preliminary and final plat and variance applications several times while marketing the property for sale. Primary Issues to Consider • What is the relationship between the Raven Lake Third Addition and Lakeville Pointe plats? Ron Clark Construction is purchasing the subject property and will be developing the Raven Lake Third Addition plat. The 49 unit apartment building proposed with the Lakeville Pointe preliminary plat and CUP will be located on Outlot B, Raven Lake Third Addition. Supporting Information • Plat Resolution • Variance Form • Variance Findings of Fact • Signed Development Contract and Warranty Deed • December 18, 2014 Planning Commission meeting minutes • December 17, 2014 Parks, Recreation and Natural Resources Committee meeting minutes • Planning report (revised June 15, 2016) and Engineering report (revised May 9, 2016) Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Daryl Morey, Planning Director June 20, 2016 Zoning and Subdivision Ordinances (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. __________ RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF RAVEN LAKE THIRD ADDITION WHEREAS, the owner of the plat described as Raven Lake Third Addition 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 Raven Lake Third Addition is hereby approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby directed to sign the final plat mylars and the development contract. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 20th day of June 2016. 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 20th day of June 2016 as shown by the minutes of said meeting in my possession. ________________________ Charlene Friedges, City Clerk (SEAL) (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RAVEN LAKE THIRD ADDITION VARIANCE 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby grants a variance from Section 10-3-5.V of the Lakeville Subdivision Ordinance concerning house pad elevations in conjunction with the plat of Raven Lake Third Addition. 2. Property. The variance is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lots 1 and 2, Block 1, Raven Lake Third Addition 3. Conditions. The variance is issued subject to the following conditions: a. The developer shall grade an overflow swale between the two homes within the drainage and utility easement located along the shared side lot line. b. The driveways are graded to direct runoff away from the garage opening and the house. DATED: June 20, 2016 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2016, 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 STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing variance is a true and correct copy of the variance presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 20th day of June, 2016 as shown by the minutes of said meeting in my possession. _______________________ Charlene Friedges, City Clerk (SEAL) DRAFTED BY: The City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RAVEN LAKE THIRD ADDITION VARIANCE FINDINGS OF FACT AND DECISION On December 18, 2014, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of NITI, LLC for a variance from Section 10-3-5.V of the Subdivision Ordinance in conjunction with the preliminary plat of Raven Lake Third Addition. The Planning Commission conducted a public hearing on the variance application 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 subject property is located in Comprehensive Planning Districts 1 and 2, which guides the two single family lots proposed with Raven Lake Third Addition for low density residential use. 2. The subject site is zoned RS-2, Single Family Residential District. 3. Legal description of the property is: Lots 1 and 2, Block 1, Raven Lake Third Addition 4. Chapter 6 of the City of Lakeville Zoning Ordinance provides that a variance may not be issued unless failure to grant the variance will result in practical difficulties and unless certain criteria are satisfied. The criteria and our findings regarding them are: a. That the variance would be consistent with the Comprehensive Plan. Finding: The two single family lots proposed with the Raven Lake Third Addition plat are consistent with the low density residential use guided by the Comprehensive Land Use Plan. b. That the variance would be in harmony with the general purposes and intent of this ordinance. Finding: The two single family lots proposed with the Raven Lake Third Addition plat can achieve gravity sanitary sewer flow and positive drainage away from the foundations of the houses, meeting the intent of Chapter 10-3-5.V of the Subdivision Ordinance. c. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The design of the Raven Lake Second Addition plat approved in 1997 included partial right-of-way for an eyebrow cul-de-sac to be located on the west side of Jaguar Path that would provide street frontage and access for the development of future single family lots on the Raven Lake Third Addition property. The Subdivision Ordinance no 2 longer allows eyebrow cul-de-sacs and staff does not support the construction of an eyebrow cul-de-sac to serve the two single family lots in Raven Lake Third Addition. d. That the purpose of the variance is not exclusively economic considerations. Finding: Grading impacts and retaining wall construction would be reduced with the granting of the variance. e. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. Finding: The single family homes to be constructed in Raven Lake Third Addition will fit in nicely with the surrounding Raven Lake single family neighborhood. f. That the requested variance is the minimum action required to eliminate the practical difficulty. Finding: The proposed building floor elevations for the two single family lots in Raven Lake Third Addition are supported by Engineering staff provided the developer grades an overflow swale between the two homes within the drainage and utility easement located along the shared side lot line and provided the driveways are graded to direct runoff away from the garage opening and the house. g. Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person’s land is located. Finding: Single family homes are a permitted use in the RS-2 District. 5. The report dated December 11, 2014 (revised June 15, 2016) prepared by Planning Director Daryl Morey is incorporated herein. DECISION The City Council approves the variance if the form attached hereto. DATED: June 20, 2016 CITY OF LAKEVILLE BY: __________________________ Matt Little, Mayor BY: __________________________ Charlene Friedges, City Clerk Planning Commission Meeting Minutes December 18, 2014 Page 3 8. Fulford Group LLC Acting Chair Drotning opened the public hearing to consider the application of James Fulford, Fulford Group, LLC, for the vacation of a 10 -foot wide public drainage and utility easement located at 21350 Cedar Avenue. The easement vacation is being requested in association with the Fulford Group 1st Addition preliminary and final plat, comprehensive plan amendment and rezoning approved by the City Council on November 17, 2014 and is needed for the expansion of the building to the east of the easement. Utility companies in the area were notified and no objections were received. Ms. Jenson stated that Planning Department staff recommends approval of the public drainage and utility easement vacation subject to one stipulation as described in the December 11, 2014 planning report. Acting Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Blee, seconded by Swenson to close the public hearing at 6:11 p.m. Ayes: Swenson, Maguire, Drotning, Blee Nays: 0 There was no further discussion from the Planning Commission. Motion was made by Blee, seconded by McGuire, to recommend to City Council approval of the vacation of a 10 -foot wide public drainage and utility easement located at 21350 Cedar Avenue, subject to one stipulation as described in the December 11, 2014 planning report: 1. The drainage and utility easement shall be vacated upon City Council approval of the Fulford Group 1st Addition final plat. Ayes: Swenson, Maguire, Drotning, Blee Nays: 0 This item will be considered by the City Council at their January 5, 2015 meeting. 9. Raven Lake Third Addition Acting Chair Drotning opened the public hearing to consider the application of NITI, LLC for the following located west of Jaguar Path, east of Kenwood Trail (CSAH 50), and north of 185th Street (CSAH 60): A. Preliminary and final plat of two (2) single family lots to be known as Raven Lake Third Addition. Planning Commission Meeting Minutes December 18, 2014 Page 4 B. Variance from Section 10-3-5.V of the Subdivision Ordinance concerning single family lot pad elevations. Steve Norton representing NITI, LLC presented a brief overview of the request. The applicant is proposing to combine two existing parcels to be platted into two single family lots, and three outlots. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that the variance request was discussed at the September 18, 2014 Planning Commission work session. The subdivision ordinance requires house pads to be 18" above adjacent roadways to accommodate gravity sanitary sewer and stormwater drainage. Staff supports the developer's request for a variance for the foundation elevation. An electric transmission line bisects the northwest corner of the property and creates additional challenges with the plat. An eyebrow cul-de-sac was originally proposed for the property but that type of cul-desac is no longer allowed by the City of Lakeville. Outlot C, the unpaved cul-de-sac, will be deeded to the City for utilities and snow storage. Staff supports the variance request and has identified seven criteria of the Zoning Ordinance which have been met by the developer. Staff is recommending approval of the Raven Lake Third Addition preliminary and final plat and variance subject to four stipulations listed in the December 11, 2014 planning report. Acting Chair Drotning opened the hearing to the public for comment. Mike Robb lives next door to the property and asked if there were covenants or requirements for building a certain size home in the neighborhood and also asked if the City would deed property for the driveways to the homeowners. Motion was made by Maguire, seconded by Blee, to close the public hearing at 6:22 p.m. Ayes: Swenson, Maguire, Drotning, Blee Nays: 0 Planning Director Morey stated that the zoning ordinance specifies minimum floor area requirements for single-family homes. The homeowners' driveways will be able to access Jaguar Path through Outlot C. Staff can check with the City Attorney to determine if an encroachment agreement would be needed. Mr. Norton stated that there are no covenants proposed for Raven Lake Third Addition since this addition has no relationship to the previous Raven Lake additions. The developer intends to sell the vacant lots. Motion was made by Maguire, seconded by Blee, to recommend to City Council approval of the Raven Lake Third Addition preliminary and final plat of two (2) single family lots; and variance from Section 10-3- 5.V of the Subdivision Ordinance concerning single family house pad elevations subject to the following four stipulations: 1. The recommendations listed in the December 11, 2014 engineering report. Planning Commission Meeting Minutes December 18, 2014 Page 5 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. Outlots A and C shall be deeded to the City with the final plat. 4. A custom grading plan, erosion control plan, tree preservation plan, and soil survey must be submitted with the building permit for Lots 1 and 2. Ayes: Drotning, Blee, Swenson, Maguire Nays: 0 The City Council will consider final approval of Raven Lake Third Addition preliminary and final plat at their January 20, 2015 meeting. 10. Berres Ridge Acting Chair Drotning opened the public hearing to consider the application of Berres Ridge Development, LLC for the following located north of 202nd Street (CSAH 50), west of Hamburg Avenue and east of Highview Avenue: A. Preliminary plat of 366 single family residential lots to be known as Berres Ridge; B. Comprehensive Plan amendment to bring approximately 21 acres of land into the current Municipal Urban Service Area (MUSA); and C. Zoning Map amendments for the following: 1. Rezone a portion of the property from RS -3, Single Family Residential District to RS -4, Single Family Residential District; 2. Rezone a portion of the property from P/OS, Park/Open Space District to RS -3, Single Family Residential District; and 3. Rezone that portion of the property to be brought into the current MUSA from RA, Rural/Agricultural District to RS -3, Single Family Residential District. John Anderson, representing Berres Ridge Development, LLC, presented a brief overview. The developer plans to begin construction on the first of six phases in the spring of 2015. Most of the property is owned by the Berres family, however some additional property is planned to be purchased from St. John's Lutheran Church. Associate Planner Kris Jenson presented the planning report. This is a request for approval of a preliminary plat and comprehensive plan amendment which includes bringing property into the MUSA and amending the Zoning Map. The current and proposed zoning was highlighted. There are three existing home sites on the property. The Berres homestead is being incorporated into the preliminary plat as Ms. Berres is choosing to remain in her home at this time. The home's driveway will be relocated to Heath Avenue and the home will be connected to City sewer and water. The other two homesteads will be platted into 10 -acre parcels and replatted as part of a future phase. An EAW was completed and a negative declaration was approved by the City Council. The density and average lot size is consistent with the requirements of the zoning ordinance. The City's comprehensive park plan does not identify parkland in this area. The Parks, Recreation and Natural Resources Committee recommended a cash contribution to satisfy the park dedication requirement. The Dakota County Plat Commission has reviewed and approved the preliminary plat. CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE MEETING MINUTES December 17, 2014 Chair Kelly called the meeting to order at 6:00 p.m. in Council Chambers at City Hall. Members Present: Lori Bovitz, Judy Hayes, Scott Kelly, Howard Lovelace, Bob Swan, Tom Goodwin Members Absent: Jeanne Peterson Staff Present: Environmental Resources Manager Mac Cafferty, Recording Secretary Tamara Wallace 2. Approval of November 19 minutes Minutes were approved as presented. 3. Citizen comments There were no citizen comments. 4. Staff report Environmental Resources Manager Mac Cafferty conducted the meeting and reported that Parks and Recreation Director, Brett Altergott, is currently putting together a work plan for the committee that will guide discussions around the topics discussed at the joint Council-PRNRC meeting. 5. Barres Ridge Development Preliminary Plat Staff reviewed the Barres Ridge Development preliminary plat and discussed storm water treatment, the greenway corridor, tree preservation, park and trail placement, and drainage issues. Motion made by Tom Goodwin, seconded by Lori Bovitz to recommend to City Council approval of the Barres Ridge Development preliminary plat, subject to the recommendations as presented by City staff. Ayes: unanimous 6. Raven Lake Third Addition Preliminary & Final Plat Staff reviewed the Raven Lake Third Addition preliminary and final plat and discussed wetland impact, trails, and tree preservation. Motion made by Tom Goodwin, seconded by Howard Lovelace to recommend to City Council approval of the Raven Lake Third Addition preliminary and final plat, subject to the recommendations as presented by City staff. Ayes: unanimous 7. Other Business The environmental department is still looking for an alternate for the Black Dog Watershed meetings held the third Wednesday of the month from 5:00-6:00 p.m. City of Lakeville Planning Department Memorandum To: Planning Commission From: Daryl Morey, Planning Director Date: December 11, 2014 (revised June 15, 2016) Subject: Packet Material for the December 18, 2014 Planning Commission Meeting Agenda Item: Raven Lake Third Addition Preliminary and Final Plat and Variance INTRODUCTION Peter Eisenhuth, on behalf of NITI, LLC, has submitted preliminary and final plat applications and plans for Raven Lake Third Addition, which consists of two single family lots and three outlots on 8.8 acres of land located on the west side of Jaguar Path, east of Kenwood Trail (CSAH 50). In conjunction with the preliminary and final plat, the developer has submitted a variance application to allow a reduction in the proposed house pad elevations required by Section 10-3-5.V of the Subdivision Ordinance. The Raven Lake Third Addition preliminary and final plat plans have been distributed to Engineering and Parks and Recreation staff as well as the Parks, Recreation and Natural Resources Committee for review. EXHIBITS Exhibit A – Aerial Location Map Exhibit B – Zoning Map Exhibit C – Preliminary Plat Exhibit D – Final Plat Exhibit E – Boundary and Topographic Survey Exhibit F – Grading, Drainage & Erosion Control Plan Exhibit G – Dakota County Plat Commission letter Raven Lake Third Addition Preliminary and Final Plat December 18, 2014 Planning Commission Meeting 2 PLANNING ANALYSIS Existing Conditions. The subject property is vacant land with rolling topography, a wetland in the center of the site, and numerous significant trees on the easterly portion. A 75 foot wide electric transmission line easement cuts across the northwest corner of the property. Zoning and Adjacent Land Uses. The east half of the subject property is zoned RS-2, Single Family Residential District and the west half is zoned O-R, Office/Residential Transition District. Only the east half is proposed to be platted into lots at this time. The adjacent land uses and zoning are as follows: North – NTB minor auto repair use, wetland complex (Argonne Village PUD and P/OS) East – Single family homes and twinhomes (RS-2 and RST-1) South – Single family homes, wetland complex (RS-2 and P/OS) West – Kenwood Trail and multi-family homes (ROW and RH-1) Premature Subdivision Criteria. A preliminary plat may be deemed premature if any of the criteria listed in Chapter 10-2-4-1 of the Subdivision Ordinance exist. The criteria pertain to a lack of adequate drainage, water, streets, sanitary sewer and public service capacity (i.e. recreation facilities, police and fire protection), or inconsistency with the Comprehensive Plan, Capital Improvement Plan or Metropolitan Council Environmental Services policies. The Raven Lake Third Addition preliminary plat is not considered a premature subdivision given these criteria. Density. The Raven Lake Third Addition preliminary and final plat proposes two single family lots. The two single family lots total 3.26 acres (excluding outlots and ROW) resulting in a gross and net density of 0.61 dwelling units/acre. Lots. The two single family lots in Raven Lake Third Addition are subject to the RS-2 District lot requirements, which are as follows: Lot Area: 15,000 sq. ft. Lot Width: 100 feet The two proposed lots meet the RS-2 District lot area and lot width requirements. Outlots. The Raven Lake Third Addition preliminary and final plat proposes three outlots as follows: Outlot A: Wetland complex (1.28 acres). Will be deeded to the City with the final plat. Outlot B: Future development (3.26 acres). Will be retained by the developer. Outlot C: Street/utility ROW (0.01 acres). Will be deeded to the City with the final plat. Raven Lake Third Addition Preliminary and Final Plat December 18, 2014 Planning Commission Meeting 3 Setbacks. The two single family lots in Raven Lake Third Addition are subject to the RS-2 District building setback requirements, which are as follows: Front: 30 feet Rear: 30 feet Side: 15 feet Proposed house pads are shown on the grading, drainage & erosion control plan. The proposed house pads meet the RS-2 District building setback requirements. Streets. The Raven Lake Third Addition preliminary and final plat abuts Kenwood Trail (CSAH 50), which is designated as a minor arterial in the City’s Transportation Plan. A 150 foot right-of-way width is required by Dakota County for Kenwood Trail. The preliminary and final plat shows the required right-of-way dedication for Kenwood Trail. Kenwood Trail was upgraded to a four lane divided roadway adjacent to the subject property in 2015 in conjunction with the CSAH 50/60 roundabout project. The preliminary and final plat approved by the Dakota County Plat Commission at their December 15, 2014 meeting. The Raven Lake Third Addition preliminary and final plat abuts Jaguar Path, which is designated as a minor collector in the City’s Transportation Plan. The required right-of-way for Jaguar Path was dedicated with the Raven Lake Second Addition final plat. The design of the Raven Lake Second Addition plat included partial right-of-way (platted as an outlot and deeded to the City) for an eyebrow cul-de-sac to be located on the west side of Jaguar Path that would provide street frontage and access for the development of future single family lots on the Raven Lake Third Addition property. The Subdivision Ordinance no longer allows eyebrow cul-de-sacs and staff does not support the construction of an eyebrow cul-de-sac to serve the Raven Lake Third Addition development. However, platting the right-of-way (Outlot C) in an eyebrow configuration allows enough street frontage for the development of two single family lots meeting the RS-2 District lot width requirement. Grading, Drainage, Erosion Control, and Utilities. Grading, drainage, erosion control, and utilities plans have been submitted for Raven Lake Third Addition. The plans have been reviewed by engineering staff and their comments are contained in the May 9, 2016 engineering report. The two single family lots are proposed to be custom graded. As such, a custom grading plan, erosions control plan, tree preservation plan, and soil survey must be submitted with the building permit for each lot. Tree Preservation. An inventory of significant trees is shown on the boundary and topographic survey. Since the two single family lots are proposed to be custom graded, an individual tree preservation plan must be submitted for each lot. Tree preservation security is required for Lots 1 and 2 and Outlots A and B. Raven Lake Third Addition Preliminary and Final Plat December 18, 2014 Planning Commission Meeting 4 Wetlands. A wetland delineation was prepared in conjunction with the preliminary plat. No wetland impacts are proposed. The wetland and wetland buffer is located within Outlot A, which will be deeded to the City with the final plat. Natural area signs must be installed on Lots 1 and 2 as discussed in the December 11, 2014 engineering report. Parks and Trails. Park dedication for the two single family lots in Raven Lake Third Addition will be met by a cash contribution. When Outlot B is final platted into lots, the developer will be responsible for 5/8ths of the cost of both a greenway corridor trail and a ten foot wide MPTW along the east side of CSAH 50 as identified in the Parks, Trails and Open Space Plan. The Parks, Recreation and Natural Resources Committee reviewed the Raven Lake Third Addition preliminary and final plat at their December 17, 2014 meeting and unanimously recommended approval. Variance. Chapter 10-3-5.V of the Subdivision Ordinance requires that the proposed elevation of the top of the foundation and the garage floor for residential dwellings shall be a minimum of 18 inches (or 3%) above the grade of the center of the street. This requirement is in place to ensure positive stormwater drainage away from the house and into the storm water drainage system located within the public street. The developer’s engineer, Rehder & Associates, has indicated that the two single family lots in Raven Lake Third Addition can achieve gravity sanitary sewer flow and positive drainage away from the foundations of the houses, meeting the intent of Chapter 10-3-5.V of the Subdivision Ordinance. In addition, grading impacts and retaining wall construction would be reduced. The variance request was discussed at the September 18, 2014 work session and the Planning Commission expressed support because the request meets the variance criteria of Section 11-6-5 of the Zoning Ordinance as follows: A. That the variance would be consistent with the Comprehensive Plan. The Comprehensive Plan guides the property for low density residential uses as proposed with the Raven Lake Third Addition preliminary and final plat. B. That the variance would be in harmony with the general purposes and intent of this ordinance. The two single family lots in Raven Lake Third Addition can achieve gravity sanitary sewer flow and positive drainage away from the foundations of the houses, meeting the intent of Chapter 10-3-5.V of the Subdivision Ordinance. C. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Raven Lake Third Addition Preliminary and Final Plat December 18, 2014 Planning Commission Meeting 5 The design of the Raven Lake Second Addition plat approved in 1997 included partial right- of-way for an eyebrow cul-de-sac to be located on the west side of Jaguar Path that would provide street frontage and access for the development of future single family lots on the Raven Lake Third Addition property. The Subdivision Ordinance no longer allows eyebrow cul-de-sacs and staff does not support the construction of an eyebrow cul-de-sac to serve the two single family lots in Raven Lake Third Addition. Platting the right-of-way in an eyebrow configuration allows enough street frontage for the development of two single family lots meeting the RS-2 District lot width requirement. D. That the purpose of the variance is not exclusively economic considerations. Grading impacts and retaining wall construction would be reduced with the granting of the variance. 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 single family homes to be constructed in Raven Lake Third Addition will fit in nicely with the surrounding Raven Lake single family neighborhood. F. That the requested variance is the minimum action required to eliminate the practical difficulty. The proposed building floor elevations for the two single family lots in Raven Lake Third Addition are supported by Engineering staff provided the developer grades an overflow swale between the two homes within the drainage and utility easement located along the shared side lot line and provided the driveways are graded to direct runoff away from the garage opening and the house. G. Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person’s land is located. Single family homes are a permitted use in the RS-2 District. Staff has prepared findings of fact that support granting the variance. RECOMMENDATION Planning Department staff recommends approval of the Raven Lake Third Addition preliminary and final plat and variance subject to the following stipulations: Raven Lake Third Addition Preliminary and Final Plat December 18, 2014 Planning Commission Meeting 6 1. The recommendations listed in the May 9, 2016 engineering report. 2. Outlots A and C shall be deeded to the City with the final plat. 3. A custom grading plan, erosion control plan, tree preservation plan, and soil survey must be submitted with the building permit for Lots 1 and 2. City of Lakeville Public Works – Engineering Division Memorandum To: Daryl Morey, Planning Director From: Alex Jordan, Project Engineer McKenzie L. Cafferty, Environmental Resources Manager John Hennen, Parks and Recreation Director Copy: Zach Johnson, City Engineer Jerilyn Erickson, Finance Director Gene Abbott, Building Official Date: May 9, 2016 Subject: Raven Lake Third Addition • Preliminary Plat Review • Final Plat Review • Preliminary and Final Grading and Erosion Control Plan Review • Preliminary and Final Utility Plan Review • Preliminary and Final Tree Preservation Plan Review BBAACCKKGGRROOUUNNDD NITI, LLC has submitted a preliminary and final plat named Raven Lake Third Addition. The proposed subdivision is located east of and adjacent to Kenwood Trail (CSAH 50) and west of and adjacent to Jaguar Path. The parent parcels consist of two metes and bounds parcels zoned O-R and RS-2 (PID No. 220130001010 and 221185000380). The Developer is dedicating 0.92 acres of Kenwood Trail (CSAH 50) right-of-way. The preliminary and final plat consists of two (2) single-family lots within one block and three (3) outlots on 8.80 acres. The outlots created with the preliminary and final plat shall have the following use: Outlot A: Wetland complex; to be deeded to the City (1.28 acres) Outlot B: Future Development; to be retained by the Developer (3.26 acres) Outlot C: Additional Jaguar Path Right-of-Way; to be deeded to the City (0.01 acres) RRAAVVEENN LLAAKKEE TTHHIIRRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAAYY 99,, 22001166 PPAAGGEE 22 OOFF 88 The proposed subdivision will be completed by: Developer: NITI, LLC Engineer: Rehder and Associates, Inc. SSIITTEE CCOONNDDIITTIIOONNSS The Raven Lake Third Addition site contains undeveloped land with a large number of significant trees scattered throughout the site. Existing overhead transmission lines are located within a 75-foot private easement that crosses Kenwood Trail and through the northeast corner of Outlot B. A large wetland complex exists within the center of the site. The land generally slopes downward south and to the existing wetland area. SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT Kenwood Trail (CSAH 50) Raven Lake Third Addition is located east of and adjacent to Kenwood Trail, a minor arterial County roadway as identified in the City’s Transportation Plan. The County’s ½ right-of-way requirement is 75-feet. The Developer is dedicating the necessary right-of-way with the final plat. Kenwood Trail adjacent to the parent parcels was reconstructed in 2015 to a four lane divided roadway with Dakota County Project Nos. 50-17 and 60-21 and City Project No. 09-07. The cash fee for the future upgrade of Kenwood Trail has not been collected on the parent parcels. The Developer shall provide a cash fee for the re-construction of Kenwood Trail, at the time Outlot B is final platted into lots and blocks. The cash fee will be based on the rate in effect at the time of final plat. Jaguar Path Raven Lake Third Addition is located west of and adjacent to Jaguar Path, a minor collector roadway as identified in the City’s Transportation Plan. The right-of-way for Jaguar Path was dedicated with the Raven Lake Second Addition final plat. The Developer is dedicating additional area for Jaguar Path as Outlot C, Raven Lake Third Addition, west of and adjacent to Outlot C, Raven Lake Second Addition. Outlot C, Raven Lake Second Addition was platted and dedicated to the City for a future “eyebrow” cul-de-sac that was identified to allow for the future development of the parent parcels. City ordinance no longer allows the construction of eyebrow cul-de-sacs due to the increased maintenance difficulty and cost. Therefore, the Developer is not required to construct the cul-de-sac. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for site grading and building construction shall be restricted to Jaguar Path, by way of Kenwood Trail (CSAH 50). RRAAVVEENN LLAAKKEE TTHHIIRRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAAYY 99,, 22001166 PPAAGGEE 33 OOFF 88 PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS There are no proposed sidewalks or trails associated with the Raven Lake Third Addition improvements. The Park Dedication Fee has not been collected on the parent parcels and shall be paid at the time of final plat approval. The Park Dedication Fee is based on the rate in effect at the time of final plat approval and is calculated as follows: 2 units x $3,781.00/dwelling unit = $7,562.00 Single-Family Dwelling Units Park Dedication Fee Rate Total The Parks, Trails and Open Space Plan identifies a 10-foot wide trail on the east side of Kenwood Trail. This trail was constructed in 2015 with City Project No. 09-07. The Developer shall provide a cash fee for its 5/8ths share of the construction costs (excluding grading and restoration) of the bituminous trail, based on the contractor’s bid prices for the project, at the time Outlot B is final platted into lots and blocks. The cash fee is calculated as follows: $13,179.54 x 5/8 = $8,237.21 Trail Construction Cost (excluding grading and restoration) Developer’s Cost Share Total UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR AANNDD WWAATTEERRMMAAIINN Raven Lake Third Addition is located within subdistrict OL-56110 and OL-56120 of the Orchard 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 Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. The downstream facilities have sufficient capacity to serve the proposed residential subdivision. Sanitary sewer and watermain within Jaguar Path were installed as part of the Raven Lake Second Addition improvements. The Developer shall install the two sanitary sewer and water services from the existing sanitary sewer and watermain located within Jaguar Path right-of- way, as shown on the final utility plans. A $5,000 security will be required with the final plat for the connection to the public sanitary sewer and watermain. The Lateral Sanitary Sewer Access charge is required for the sanitary sewer within Kenwood Trail. The fee will be required at the time Outlot B is final platted into lots and blocks and will be based on the rate in effect at the time of final plat approval. A homestead was previously located at 18030 Kenwood Trail and was connected to City sewer. This homestead was demolished and the sewer service was permanently abandoned in 2010. The Developer shall be eligible to receive one SAC Unit credit at the time of building permit issuance for the demolished homestead that connected to City sewer. RRAAVVEENN LLAAKKEE TTHHIIRRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAAYY 99,, 22001166 PPAAGGEE 44 OOFF 88 The Sanitary Sewer Availability Charge has been collected on the parent parcels and will not be required with the final plat. The Lateral Watermain Access Charge is required for the watermain located within Kenwood Trail. The fee will be required at the time Outlot B is final platted into lots and blocks and will be based on the rate in effect at the time of final plat. Final sewer and water service connection locations and sizes will be reviewed by City staff with the final construction plans. OOVVEERRHHEEAADD LLIINNEESS The private existing overhead transmission lines, located at the northwest corner of Outlot B are not required by City Code to be buried and shall remain with the Raven Lake Third Addition improvements. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Raven Lake Third Addition is located within subdistricts OL-12A and OL-13 of the Orchard Lake drainage district as identified in the City’s Water Resources Management Plan. Development of Raven Lake Third Addition does not include the construction of stormwater management basins. The proposed development will create less than an acre of impervious surface; therefore, the Developer is not required to install a stormwater management system, consistent with City ordinance. The entire site will drain to the existing wetland in Outlot A. The runoff from the imperious surfaces will be treated by the existing vegetation within Outlot A. The Developer is required to grade the area of the right-of-way from the back of curb to the building pads prior to the issuance of building permits. A $1,000 security will be required with the final plat for grading and erosion control of the site. The proposed garage floor elevations are located below the elevation at the center of Jaguar Path. The Developer shall grade an overflow swale between the two buildings within the drainage and utility easement, prior to issuance of building permits. In addition, the driveways shall be graded to direct runoff away from the garage opening and building. The grading plan indicates that the two lots within Raven Lake Third Addition will be custom graded by prospective homeowners. Consistent with Subdivision Ordinance requirements, all custom graded lots shall submit a custom grading plan, erosion control plan, tree preservation plan, soil survey and pre-approved site/building plan prior to the issuance of a building permit. The maximum slope for grading shall be 3 horizontal feet per 1 vertical foot. The grading plan shall provide for an area with a slope not greater than ten percent extending not less than a depth of twenty feet from the rear line of the building pad the entire width of the building pad. The Developer shall provide a $10,000 security to ensure that the vacant lots are graded to meet these requirements and with positive drainage away from the building, including side-yard swales that direct runoff toward the wetland in Outlot RRAAVVEENN LLAAKKEE TTHHIIRRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAAYY 99,, 22001166 PPAAGGEE 55 OOFF 88 A, and that the driveways are constructed. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. RREETTAAIINNIINNGG WWAALLLLSS Any retaining wall necessary for the building construction shall be privately owned and maintained and located outside of the public drainage and utility easements. Any retaining wall that is greater than 4-feet in combined height shall be designed by a registered geotechnical or structural engineer, consistent with MnDOT requirements. The Building Official must approve the retaining wall design and plans. SSTTOORRMM SSEEWWEERR There are no proposed storm sewer improvements associated with the Raven Lake Third Addition development. The public storm sewer was installed with the Raven Lake Second Addition improvements. Any draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the Developer’s responsibility to install and finance. In addition, existing draintile is located behind the back of curb along Jaguar Path. The Developer shall provide a $1,000 security to preserve the functionality of this draintile system. The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and shall be paid at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows: Gross Area of Raven Lake Third Addition 381,150.00 s.f. Less Area of Outlot A (Wetland Complex) (-) 55,892.00 s.f. Less Area of Outlot B (Future Development) (-) 141,828.00 s.f. Less Area of Kenwood Trail Right-of-way (-) 40,838.00 s.f. Total = 142,592.00 s.f. 142,592.00 s.f. x $0.178/s.f. = $25,381.37 Net Area of Raven Lake Third Addition 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 Raven Lake Third Addition final plat cash fees. The credit is calculated as follows: 1.28 acres x $5,500/acre = $7,040.00 Total Area of Outlot A Per Acre Credit Total RRAAVVEENN LLAAKKEE TTHHIIRRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAAYY 99,, 22001166 PPAAGGEE 66 OOFF 88 FEMA FLOODPLAIN ANALYSIS Raven Lake Third 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 A wetland delineation was completed for the site. No impacts are proposed to any wetlands. All wetland and wetland buffers are located in an outlot that will be dedicated to the City with final plat. Natural Area signs will be installed along the rear property lines (7 locations) for Block 1, Lots 1 and 2. TTRREEEE PPRREESSEERRVVAATTIIOONN A tree inventory was completed for the site. Since the lots are custom graded with the house an individual tree preservation plan will be required for each lot with the building permit. Block 1 Lots 1 & 2 2 Lots @ $1,500.00 each = $3,000.00 Outlots A & B 2 Outlots @ $1,000.00 each = $2,000.00 Total = $5,000.00 EERROOSSIIOONN CCOONNTTRROOLL An erosion control plan has been submitted and includes the following: • A seed/mulch specification that meets City requirements. • All 3:1 slopes and swales will be seeded and stabilized with fiber blanket. • Silt fence installed around disturbed areas. • Inlet protection is included in the plans. Wimco Road Drain or equivalent will be used on all street catch basins and Royal Infra-safe or equivalent will be used for all rear lot catch basins. Additional erosion control measures may be required during construction as deemed necessary by City staff. Additional measures shall be installed and maintained by the developer. The streets must be cleared of debris at the end of each day. Street sweeping must be done weekly or more often as needed. All streets must be maintained to provide safe driving conditions. The grading plan indicates that the two vacant lots within Raven Lake Third Addition will be custom graded by prospective builders/homeowners. All custom graded lots shall submit a custom grading plan, erosion control plan, tree preservation plan, soil survey and pre- approved site/building plan prior to the issuance of a building permit. RRAAVVEENN LLAAKKEE TTHHIIRRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAAYY 99,, 22001166 PPAAGGEE 77 OOFF 88 SSEECCUURRIITTIIEESS The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Raven Lake Third Addition. CONSTRUCTION COSTS Connect to Existing Sanitary Sewer $2,000.00 Connect to Existing Watermain $3,000.00 Erosion Control and Grading Certification for Right-of-Way and Emergency Overflow Swale $5,000.00 SUBTOTAL - CONSTRUCTION COSTS $ 10,000.00 OTHER COSTS Developer’s Design (6.0%) $ 600.00 Developer’s Construction Survey (2.5%) 250.00 City’s Legal Expense (0.5%) 50.00 City Construction Observation (7.0%) 700.00 Developer’s Record Drawing (0.5%) 50.00 Custom Graded Lots 10,000.00 Preserve Existing Draintile System 1,000.00 Tree Preservation 5,000.00 Natural Area Signs 700.00 Lot Corners 500.00 SUBTOTAL - OTHER COSTS $18,850.00 TOTAL PROJECT SECURITIES $ 28,850.00 The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $500.00. The City shall hold this security until the Developer’s land surveyor certifies that all irons have been placed following site grading. CCAASSHH FFEEEESS A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat approval and is calculated as follows: 2 units x $8.42/unit/qtr. x 4 qtrs. = $67.36 Dwelling Units Streetlight Operating Fee Total A cash fee for one-year of environmental resources expenses shall be paid at the time of final plat approval and is calculated as follows: 2 units x $7.75/unit/qtr. x 4 qtrs. = $62.00 RRAAVVEENN LLAAKKEE TTHHIIRRDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY AANNDD FFIINNAALL PPLLAATT MMAAYY 99,, 22001166 PPAAGGEE 88 OOFF 88 Dwelling Units Environmental Resources 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: 5 units x $75.00/unit = $375.00 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 either a .dwg file (AutoCAD) or a .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 costs, or $300.00. CASH REQUIREMENTS Park Dedication Fee $ 7,562.00 Trunk Storm Sewer Area Charge 25,381.37 Streetlight Operating Fee 67.36 Environmental Resources Expenses 62.00 City Base Map Updating Fee 375.00 City Engineering Administration (3.00%) 300.00 SUBTOTAL - CASH REQUIREMENTS $33,747.73 CREDITS TO THE CASH REQUIREMENTS Outlot A (Trunk Storm Sewer Fund) $7,040.00 SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS = $7,040.00 TOTAL CASH REQUIREMENTS $26,707.73 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the preliminary plat, final plat, grading and erosion control plan, utility plan and tree preservation plan for Raven Lake Third Addition, subject to the requirements and stipulations within this report.