HomeMy WebLinkAboutASPEN GROVE1
City of Lakeville
Planning Department
Memorandum
To : Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: June 22, 2018
Subject: Packet Material for the June 28, 2018 Planning Commission Meeting
Agenda Item: Aspen Grove:
1. Preliminary plat of 56 single family residential lots to be known as Aspen Grove
2. Zoning map amendment to rezone the property from RM-1, Medium Density Residential
District and RS-3, Single Family Residential District to RS-4, Single Family Residential
District
3. Vacation of public road, drainage and utility easement
Application Action Deadline: August 18, 2018
BACKGROUND
William Feldman, representing F.O. One Development, LLC, has applied for a preliminary plat
to allow the development of 56 single family residential lots on 23.72 acres of property to be
known as Aspen Grove. The preliminary plat also proposes the rezoning of 2.62 acres of
property from RM-1, Medium Density Residential District and the remaining 21.1 acres from
RS-3, Single Family Residential District to RS-4, Single Family Residential District. The Aspen
Grove preliminary plat is located north of 205th Street and the Linden Ridge development, east of
Hamburg Avenue and west of Cedar Avenue (CSAH 23).
The Aspen Grove preliminary plat plans have been distributed to Engineering Division and
Parks and Recreation Department staff and the Parks, Recreation and Natural Resources
Committee.
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EXHIBITS
Exhibit A – Location Aerial Photo
Exhibit B – Aerial Photo Sketch Plan
Exhibit C – Location/Zoning Map
Exhibit D – Surrounding Area Development Aerial Photo
Exhibit E – Plan Cover Page and Existing Conditions Survey (3 Pages)
Exhibit F – Preliminary Plat Plan (2 Pages)
Exhibit G – Erosion and Sedimentation Control Plan (2 Pages)
Exhibit H – Grading and Drainage Plan (2 Pages)
Exhibit I – Utility Plan (2 Pages)
Exhibit J – Tree Preservation Plans (2 Pages)
Exbibit K – Landscape Plans (2 Pages)
Exhibit L – Ghost Plat of Adjacent Property
Exhibit M – Easement Vacation Exhibit
Exhibit N – February 1, 2018 Neighborhood Meeting Notes
PLANNING ANALYSIS
REZONING
The developer is requesting to rezone the area of the preliminary plat from RM-1, Medium
Density Residential District and RS-3, Single Family Residential District to RS-4, Single Family
Residential District consistent with the zoning of the Linden Ridge, Cedar Landing and proposed
Cedar Crossings neighborhoods to the south and east. The difference between the RS-3 and RS-4
Districts is that the RS-4 District has reduced lot width, lot area and setback requirements.
Approval of the rezoning will be subject to recording of the final plat.
The part of the plat that is zoned RM-1, Medium Density Residential District is that part of the
Jehovah Witness Church property being purchased by the developer and incorporated into the
Aspen Grove preliminary plat. Most of the property being acquired by the church consists of
wetland, tributary stream and floodplain area. Part of this property would be used for future
street construction, stormwater management basins and wetland protection areas under the
ownership of the City.
PRELIMINARY PLAT
Existing Conditions. The subject property includes two separate parcels. One is 11 acres and
the other is 10.11 acres; both are metes and bounds described parcels. The two existing single
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family homes and detached accessory buildings located on two of the parent parcels adjacent to
Hamburg Avenue will be removed. The developer will purchase the 2.61 acres from the Jehovah
Witness Kingdom Hall and incorporate it into the final plat of Aspen Grove. The area of the
proposed preliminary plat is moderately sloped from west to east and includes the East Branch of
South Creek tributary that runs north to southeast through two of the properties. The east
portion of the preliminary plat includes area within the Floodplain Overlay District of the
tributary stream. This part of the church owned property has been farmed collectively with part
of the two parcels fronting Hamburg Avenue.
Consistency with the Comprehensive Plan. The properties are located in District 12, Cedar
Corridor, of the 2008 Comprehensive Plan. Planning District 12 guides the subject property for low
to medium density residential land use or approximately 3-5 dwelling units per acre. The RS-4
District complies with the low to medium density guide for Planning District 12. The proposed
Aspen Grove plat is consistent with the provisions of the 2008 Comprehensive Plan and the draft
2018 Comprehensive Land Use Plan.
Adjacent Land Uses. The Linden Ridge single family residential development to the south was
platted in 2016. Further south, Cedar Landing, Cedar Landing 2nd Addition and Cedar Landing 3rd
Addition were platted between 2014 and 2016. The Cedar Crossings and Cedar Crossings 2nd
Addition preliminary plats were approved in 2016 and 2017 for up to 123 single family residential
lots with an extension of 205th Street between Linden Ridge and Cedar Avenue. The developer has
submitted an application and plans for the phase one final plat of the Cedar Crossings development
proposing 50 single family home lots.
Hamburg Avenue and single family homes in the McNearney and Larson Addition are to the west of
the proposed Aspen Grove preliminary plat. The McNearney and Larson Addition was platted in
1960 and included 12 single family lots. Most of the homes west of Hamburg Avenue were built
between 1965 and 1990. There are two undeveloped lots remaining in that plat.
To the north of Aspen Grove on the east side of Hamburg Avenue are three single family homes
between Linden Ridge and 202nd Street (CSAH 50) zoned RS-3.
Flood Plain District. Part of the east area of the preliminary plat (Outlot A) is located in the
Flood Plain Overlay District of the tributary stream. The flood plan area requires careful analysis
of development site grading, drainage, and stormwater containment and water infiltration basins
to ensure that the floodplain areas remain intact and will not impact drainage to downstream
properties. Parts of the property lie within Zones A (floodway) and Zone AE (flood fringe)
boundaries of the tributary stream. The preliminary plat plans for Aspen Grove have been
reviewed by staff and have been determined to comply with floodplain ordinance requirements.
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CLOMR. A CLOMR is an acronym for a Conditional Letter of Map Revision administered by the
Federal Emergency Management Agency (FEMA). The CLOMR includes a proposed revision to
the floodplain map and the study includes detailed plans and calculations for stormwater drainage
and storm sewer pipe size that runs under Cedar Avenue. This study could result in changes to the
existing floodplain boundary of properties included within the stream tributary drainage area. The
proposed CLOMR is required prior to the development of the Cedar Crossings and Aspen Grove
developments.
Consistency with the Capital Improvement Plan (CIP). City street, sanitary sewer and water
improvements associated with the Aspen Grove preliminary plat are not programmed in the 2018 –
2022 Capital Improvement Plan and will be financed entirely by the developer.
Premature Subdivision Criteria. A preliminary plat may be deemed premature if any of the
criteria listed in Chapter 10-2-4-1 of the Subdivision Ordinance exist. Eligible criteria pertain to a
lack of adequate: drainage, water, streets, sanitary sewer, and public service capacity (police and fire
protection). The other pertinent criteria pertain to inconsistencies with the City Comprehensive
Land Use and Capital Improvement Plans (discussed above).
Staff review of the premature subdivision criteria and finds that the Aspen Grove preliminary plat
is not a premature subdivision provided the Department of Natural Resources and the Federal
Emergency Management Agency has approved the required CLOMR for the Cedar Crossings final
plat and the Cedar Crossings final plat is approved and recorded as gravity sanitary sewer service
for Aspen Grove will be provided from the Cedar Crossings development.
Public streets directly serving the Aspen Grove development will be from Hamburg Avenue or
streets through Linden Ridge. Hamburg Avenue is planned to be reconstructed to an urban
section roadway (street, curb and gutter) in 2019 in conjunction with Dakota County’s plans to
reconstruct and widen 202nd Street (CSAH 50) also in 2019.
Development timing concerns were raised by the public at the neighborhood meeting on February
1, 2018. The developer hosted the neighborhood meeting for all area residents within 500 feet of
the proposed preliminary plat to view the proposed plans and ask questions. Some neighbors
questioned whether the preliminary plat was premature due to perceived inadequacy of existing
streets serving the area, in particular Hamburg Avenue at 202nd Street (CSAH 50) and 202nd Street
at Cedar Avenue (CSAH 23). During the time of construction of the planned improvements to
Hamburg Avenue and 202nd Street in 2019, it is expected that there will be an insignificant number
of new homes constructed and occupied in Aspen Grove to an extent that would negatively impact
existing streets serving the neighborhood. For a similar traffic related comparison, Linden Ridge
(93 lots) to the south and east of Hamburg Avenue was approved in October 2016. By December
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2017, a total of 14 new home permits had been issued by the time the grading was completed and
streets and utilities were installed in that development.
Phasing. Development of the Aspen Grove plat is proposed to occur in a single phase. The entire
Aspen Grove final plat cannot be developed with City sewer until the Cedar Crossings subdivision
to the south develops. Until the Cedar Crossings development extends sanitary sewer to the north
end of that plat, sewer will not be available to serve the east half of the Aspen Grove property.
Density/Average Lot Size. The Aspen Grove preliminary plat consists of 56 single family lots on
23.72 acres. The gross density is 2.36 units per acre. The net density, excluding Outlot A, is 2.85
units per acre consistent with the Comprehensive Plan. Lot sizes range between 8,400 square feet
and 18,637 square feet in area.
Lot and Setback Requirements. There are 56 lots proposed on four blocks. The minimum
requirements for single family lots in the RS-4 District is as follows:
Lot and Building Requirements Interior Lot Corner Lot
Minimum Lot Area 8,400sf. 10,200sf.
Min. Lot Width 70ft. 85ft.
Min. Lot Depth (Double Frontage 150 ft. 150 ft.
Max. Building Coverage 40% 40%
Setbacks Front 20ft. to bldg. / 25ft. to garage
Side interior 7ft.
Side corner 20ft.
Rear 30ft.
The Aspen Grove preliminary plat meets the lot area and lot width requirements of the RS-4
District.
The proposed house pads shown on the Aspen Grove preliminary grading plan indicate that all
56 lots have adequate building pad areas that meet setback requirements. Building permit plans
for all lots must show space for three garage stalls regardless whether three garage stalls are
proposed with the initial construction of houses on each lot.
Outlots. The Aspen Grove preliminary plat proposes one outlot. The proposed outlot area and
use is as follows:
Outlot A – 4.12 acres that will be deeded to the City for wetland, stormwater and flood plain
management purposes.
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Streets and Sidewalks. The Aspen Grove preliminary plat includes the dedication of right-of-way
and the construction of four streets as follows:
Hamburg Avenue is a minor collector roadway with an east half right-of-way requirement of
40 feet. The condition of the Hamburg Avenue pavement is degraded and needs replacement.
In 2002, the developer of Village Creek fully funded the cost to pave approximately 1,450 feet of
Hamburg Avenue between Hartford Way and 202nd Street as well as the one-half mile from
Hartford Way south to 210th Street. The pavement project from Hartford Way to 202nd Street
was designed to replace the gravel surface until such time other properties along Hamburg
Avenue were developed to justify the cost to urbanize the Hamburg Avenue from Hartford
Way to 202nd Street.
The City’s Capital Improvement Plan proposes Hamburg Avenue to be improved to an urban
design road (street, curb and gutter and storm sewer). The developer shall pay a cash fee for
that portion of the plat abutting Hamburg Avenue. Payment of the fee is due at the time of
final plat approval.
Reconstruction of Hamburg Avenue will allow the extension of City water to the existing
homes along Hamburg Avenue. Sewer was brought to the properties along Hamburg Avenue
in 2003. The Hamburg Avenue and water utility improvements will be coordinated with
Dakota County’s planned improvements to 202nd Street (CSAH 50), also scheduled for 2019.
Road A is a local street that will connect Hamburg Avenue and 205th Street to the east. Road A
includes the required minimum 60 feet of right-of-way and a 32-foot wide paved street. A five-
foot wide concrete sidewalk will be located along the north side of Street A.
Road B is a local street that will terminate in a cul-de-sac. The street includes the required
minimum 60 feet of right-of-way and a 32-foot wide paved street. The maximum allowable
cul-de-sac length is 600 feet.
Road C includes the required minimum 60 feet of right-of-way and a 32-foot wide paved street
that will be extended to the north when the property to the north is developed in the future. A
five-foot wide concrete sidewalk will be located along the east side of Street C. A “Future Street
Extension” sign and barricades must be placed at the north end of Street C and a temporary
turnaround shall be constructed at the north end of Street C.
Road D is a local street that will end in a cul-de-sac. Road D includes 60 feet of right-of-way
with a 32-foot wide street. Street D will connect to Road A across from Greenwood Avenue in
Linden Ridge. A five-foot wide concrete sidewalk will be located on the east side of Road D,
south of Road A.
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Road E is a local street that will end in a cul-de-sac. Street E includes 60 feet of right-of-way
with a 32-foot wide street.
205th Street will be a future minor collector road located south of Aspen Grove that will connect
Hamburg Avenue to Cedar Avenue (CSAH 23). Roads A and D within Aspen Grove will
connect to 205th Street.
Easements. All lots in the preliminary plat include boundary drainage and utility easements that
meet the minimum requirements of the Subdivision Ordinance. Several lots have wider rear
yard and side yard drainage and utility easements to accommodate the conveyance of stormwater
drainage and underground utilities.
Grading, Drainage, Erosion Control, and Utilities. The properties along Hamburg Avenue include
water wells and possibly abandoned septic systems. The wells will have to be sealed according to
state requirements and the abandoned septic systems will have to be removed prior to development.
Overhead utilities will have to be removed and buried in compliance with City Code.
Proposed grading, drainage, erosion control for the Aspen Grove preliminary plat have been
reviewed by Engineering Division staff. The Engineering Division comments are included in the
June 21, 2018 engineering report prepared by Joe Powers, Project Engineer and Mac Cafferty,
Environmental Resources Manager. The Engineering Division recommends approval of the
preliminary plat.
Tree Preservation. The tree preservation plan identifies 157 significant trees within the preliminary
plat area. A total of 84 (54%) of those trees will be saved. A landscape plan was submitted with the
tree preservation plan. At least two trees are required to be planted on each lot without “saved” trees.
Wetland. A wetland delineation prepared on February 27, 2018 identified wetland areas on both
sides of the tributary stream. All wetlands and wetland buffer areas are within Outlot A, which will
be dedicated to the City with the final plat.
Park and Open Space. The City’s Park, Trails and Open Space Plan does not identify a need for
public park land within the Aspen Grove preliminary plat. The Aspen Grove plat will require cash in
lieu of land to comply with the park dedication requirements.
The Parks, Recreation and Natural Resources Committee will make a recommendation related to
the park dedication requirement for the Aspen Grove preliminary plat at their June 27, 2018
meeting. Their recommendation will be forwarded to the Planning Commission at the public
hearing.
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Trails. An eight foot bituminous trail will be constructed in the future along the east side of
Hamburg Avenue when it is improved to an urban design.
MUSA. The Aspen Grove preliminary plat area is located within the current MUSA.
Signs. There are no subdivision monument signs shown on the preliminary plat. A subdivision
monument sign is allowed only in subdivisions that have a main entrance from a major collector or
arterial street defined by the Lakeville transportation plan. No major collector or arterial streets are
abutting the Aspen Grove preliminary plat.
Ghost Sketch Plan. Since the proposed Aspen Grove preliminary plat abuts undeveloped
property to the north, the developer is required to submit a conceptual lot and street layout, or
ghost plat, to show how those properties could be developed in the future. The timing of
development of the properties will be at the discretion of the property owners and the availability
of city sanitary sewer and water services.
Neighborhood Meeting. The developer hosted a neighborhood meeting at the Heritage Library
on February 1, 2018. City Planning Department and Engineering Division staff were also in
attendance. Issues and questions raised by those in attendance ranged from the existing
conditions, increasing traffic, the perceived need for a transportation study, future improvement
plans for Hamburg Avenue as well as the assessment policy for the proposed road and utility
improvements. There was also discussion about plans for improvements to 202nd Street (CSAH
50) and the future 205th Street extension and connection to Cedar Avenue (CSAH 23). A
complete list of discussion items is noted on the meeting notes attached as Exhibit L.
ISD 194 Notification. Independent School District 194 was notified of the proposed
preliminary plat. No comments were provided.
EASEMENT VACATION
Two of the parent parcels include a 40-foot wide public roadway, drainage and utility easement
along the east half of Hamburg Avenue. This easement must be vacated and re-established with
the final plat as road right-of-way and platted public drainage and utility easements. All utility
companies with a potential interest in the vacation of the easement were notified. No statements
of concern were raised by the utility companies notified.
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RECOMMENDATION
Planning Department staff recommends approval of Aspen Grove preliminary plat, rezoning and
easement vacation subject to the following stipulations:
1. Implementation of the recommendations listed in the June 21, 2018 engineering report.
2. Outlot A shall be deeded to the City with the final plat.
3. A temporary turn-around easement shall be dedicated over the temporary tunaround to be
constructed at the end of Road C.
4. The rezoning and easement vacation shall become official upon the recording of the final
plat.
5. Approval of the Aspen Grove final plat shall not occur until the final plat of Cedar
Crossings is approved by the City Council and utilities are available to serve the Aspen
Grove final plat.
6. The developer shall construct sidewalks on one side of all local streets as outlined on the
preliminary plat plans.
7. A “Future Street Extension” sign shall be installed at the terminus of Road C. If
development of Cedar Crossings have not been completed prior to the construction of
Road D, a “Future Street Extension” sign shall be placed at the terminus of Road D.
8. Driveway access is not permitted onto Hamburg Avenue.
9. Sod shall be installed to the edge of the Hamburg Avenue trail adjacent to Lot 1, Block 1
and Lots 1-4, Block 4.
ASPEN GROVE
Property Information
Ju ne 8, 2018
0 875 1,750437.5 ft
0 270 540135 m
1:9,600
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
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City of LakevilleLocation Map
Aspen GroveRezoning MapRezone from RM-1 and RS-3 to RS-4
EXHIBIT C
415 Lots Approved or in Process
Property Information
March 30, 2018
0 875 1,750437.5 ft
0 270 540135 m
1:9,600
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
Hamburg Heights (now referred to as Aspen Grove) Neighborhood Meeting
Heritage Library – 6:30 PM
February 1, 2018
William Feldman (developer) hosted a neighborhood meeting for his proposed Aspen Grove (formerly
referred to as Hamburg Heights) single family residential development project located south of 202nd
Street, north of Linden Ridge and east of and abutting Hamburg Avenue. The sketch plan for the project
proposes 56 single family lots. The developer’s project engineer, Ben Ford with Rehder and Associates,
was also in attendance.
The developer invited all property owners within 500 feet of the area proposed to be platted to attend the
neighborhood meeting. Approximately 20-25 people were in attendance. The developer introduced his
proposed project layout and anticipated timing of site development and construction. He introduced
Frank Dempsey, Associate Planner as a representative of City staff in attendance at the meeting. Mr.
Dempsey gave a brief overview of the proposed project and the role of the City and the public in the
review process of the proposed project of. The proposed 2019 Hamburg Avenue and 202nd Street (CSAH
50) improvement project were also noted. Zach Johnson, City Engineer, was also in attendance to
describe the status, design standards and assessment policies regarding the planned improvements to
Hamburg Avenue and 202nd Street.
Public questions, comments and interests were primarily regarding the planned road improvement
projects for 2019:
• The poor and unsafe existing condition of Hamburg Avenue.
• Residents have trouble being able to access Hamburg Avenue from their driveways.
• Why has Hamburg Avenue not yet been resurfaced?
• When will the road improvement project commence?
• Has a traffic study been completed to determine adequacy of design for projected traffic?
• Vehicle speeds and police enforcement on the road are an on-going problem for the
neighborhood along Hamburg Avenue.
• What will be the scope of the project including timing, road width, sidewalks, curb and gutter,
cost of the project, assessment totals, whether the existing wells for each property can be kept after
the house is connected to City water?
• Can the road surface be repaved and maintained instead of bringing the road design up to current
urban design standards?
• The proposed Aspen Grove plat should not commence development until Hamburg Avenue, the
205th Street connection to Cedar Avenue (CSAH 23), the 202nd Street (CSAH 50) and Cedar
Avenue intersection improvements and the Hampton Avenue connection to 202nd Street are
completed to allow traffic to disburse away from Hamburg Avenue.
• Existing property owners along Hamburg Avenue should not have to pay for the future road
upgrade with the belief they do not benefit from the improvements and the improvements would
not be proposed if the nearby properties were not being developed.
The meeting adjourned at 8:20 pm.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
ASPEN GROVE
ZONING MAP AMENDMENT
FINDINGS OF FACT AND RECOMMENDATION
On June 28, 2018, the Lakeville Planning Commission met at its regularly scheduled meeting to
consider the application of F.O. One Development, LLC to amend the Zoning Map to rezone the
subject property from RM-1 and RS-3 to RS-4. The Planning Commission conducted a public
hearing on the Zoning Map Amendment application preceded by published and mailed notice.
The applicant was present and the Planning Commission heard testimony from all interested
persons wishing to speak.
FINDINGS OF FACT
1. The subject property is located in Comprehensive Planning District 12, which guides the
property for low density residential and medium density residential use.
2. The subject site is currently zoned RS-3, Single Family Residential and RM-1, Medium
Density Residential Districts.
3. Legal description of the property is attached as Exhibit A.
4. The applicant is requesting an amendment to the Zoning Map to rezone the subject site to
RS-4, Single Family Residential District.
5. Chapter 3 of the City of Lakeville Zoning Ordinance provides that a Zoning Map amendment
may not be issued unless certain criteria are satisfied. The criteria and our findings regarding
them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City
Comprehensive Plan.
Finding: The Comprehensive Plan guides the property for low density and medium
density residential development. The proposed rezoning from RS-3 and RM-1 to RS-4 is
consistent with the 2008 Comprehensive Plan and the draft 2018 Comprehensive Plan.
b. The proposed use is or will be compatible with present and future land uses of the
area.
Finding: The proposed single-family homes in the Aspen Grove preliminary plat will be
compatible with the existing and proposed single-family developments to the south and
east.
c. The proposed use conforms to all performance standards contained in the Zoning
Ordinance and the City Code.
Finding: The proposed Aspen Grove single family residential development will comply
with the applicable provisions of the Zoning Ordinance, Subdivision Ordinance, and City
Code subject to the conditions outlined in the June 22, 2018 planning report.
d. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
Finding: The Aspen Grove preliminary plat can be accommodated with the public
services planned or available to serve the subject property and will not overburden the
City’s service capacity.
e. Traffic generated by the proposed use is within capabilities of streets serving the
property.
Finding: The traffic generated by the Aspen Grove preliminary plat will be within the
capacity of the streets that will serve this development. The 2019 improvements to
Hamburg Avenue and 202nd Street will provide improved driving conditions and
pedestrian safety for Aspen Grove and surrounding existing and proposed residential
developments.
5. The report dated June 22, 2018 prepared by Frank Dempsey, AICP, Associate Planner is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Zoning Map
amendment in the form attached thereto.
DATED: June 28, 2018
LAKEVILLE PLANNING COMMISSION
BY: __________________________
Pat Kaluza, Chair
EXHIBIT A
Property Legal Description:
The West 1663.80 feet of that part of the South Half of the Northeast Quarter of Section 28,
Township 114, Range 20, Dakota County, Minnesota, lying Southerly of the North 1054.00 feet
thereof.
And
The South 288 feet of the North 1054 feet of the West 1663.80 feet of the South Half of the
Northeast Quarter of Section 28, Township 114, Range 20, Dakota County, Minnesota.
And
The East 242.30 feet of the West 1906.19 feet of the South 470.30 feet of the South Half of the
Northeast Quarter of Section 28, Township 114, Range 20, Dakota County, Minnesota.
City of Lakeville
Public Works – Engineering Division
Memorandum
To: Frank Dempsey, Associate Planner
From: Joe Powers, 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: June 21, 2018
Subject: Aspen Grove
• Preliminary Plat Review
• Preliminary Erosion and Sediment Control Plan Review
• Preliminary Grading and Drainage Plan
• Preliminary Utility Plan Review
• Preliminary Tree Preservation Plan Review
BBAACCKKGGRROOUUNNDD
William Feldman, representing F.O. One Development, LLC, has applied for a preliminary plat
to allow the development of 56 single family residential lots on 23.72 acres of property to be
known as Aspen Grove. The preliminary plat also proposes the rezoning of 2.62 acres of
property from RM-1, Medium Density Residential District and remaining 21.1 acres from RS-3,
Single Family Residential District to RS-4, Single Family Residential District. The preliminary
plat is located north of 205th Street and the Linden Ridge development, east of and adjacent
to Hamburg Avenue and west of Cedar Avenue (CSAH 23).
The outlot created with the preliminary plat shall have the following use:
Outlot A: Stormwater management basin, wetlands and buffer areas, portion of East
Branch of South Creek, and undevelopable land to the east of South Creek; to
be deeded to the City (4.12 acres)
AASSPPEENN GGRROOVVEE
JJUUNNEE 2200,, 22001188
PPAAGGEE 22 OOFF 88
The proposed development will be completed by:
Developer: F.O. One Development, LLC
Engineer/Surveyor: Rehder & Associates, Inc.
SSIITTEE CCOONNDDIITTIIOONNSS
The Aspen Grove site consists of one 11.00 acre metes and bounds parcel (PID No.
220280001012) and one 10.11 acre metes and bounds parcel (PID No. 220280001020), both of
which contain single family homes and detached accessory buildings, which will be removed
with the Aspen Grove development; the majority of both parcels consist of undeveloped,
cultivated agricultural land. The eastern end of the site consists of a 2.62 acre portion of a
metes and bounds parcel occupied by the Jehovah’s Witness Kingdom Hall located at 20465
Cedar Avenue (PID No. 220280001014). The East branch of South Creek is located along the
east side of the preliminary plat. The land generally slopes west to east to the East branch of
South Creek, which drains north to south through the property.
Existing buildings and site improvements on the parent parcels are planned for removal in
the Aspen Grove development. The existing homesteads, accessory buildings, septic systems,
sanitary sewer services, driveways, culverts, inlet aprons, and landscaping materials shall be
removed and wells shall be abandoned with the development. A security shall be required
with the final plat to ensure that this work is completed and certified per all applicable codes
and regulations. The Developer shall obtain a demolition permit from the Buildings
Inspections Department prior to the building removal.
Existing private and public utilities (gas, electric, storm sewer, sanitary sewer) are located
along the west side of the property.
EEAASSEEMMEENNTTSS
The area of the plat that abuts Hamburg Avenue includes a 40-foot wide public roadway,
drainage, and utility easement (Document Nos. 2094172 and 2094174) that must be vacated.
The area of the vacated easements will be overlaid by the Hamburg Avenue right-of-way that
must be dedicated with the final plat.
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT
Hamburg Avenue
Aspen Grove is located east of and adjacent to Hamburg Avenue, a minor collector as
identified in the City’s Transportation Plan. The City of Lakeville Transportation Plan identifies
40-foot ½ right-of-way needs along the entire length of the plat. The Developer will dedicate
0.51 acres of right-of-way with the final plat to provide the required ½ right-of-way.
Hamburg Avenue adjacent to Aspen Grove is currently constructed as a rural roadway
section; the adopted 2018-2022 Capital Improvement Plan programs the widening and
reconstruction of Hamburg Ave to an urban roadway section in 2019 (City Project 19-05). The
CIP includes assessments to benefiting properties adjacent to Hamburg Avenue for the
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improvements consistent with MN § Chapter 429 and City policy. Based on the statutory
timeline requirements for assessments and the timeline for Final Plat approval of Aspen
Grove, the existing properties comprising the Aspen Grove development may be assessed for
the road improvements. If the final plat is approved prior to the properties being assessed,
the Developer shall be required to pay the following fees:
• An escrow for the future construction of an eight-foot wide bituminous trail along the
east side of Hamburg Avenue.
• A cash fee for the future upgrade of Hamburg Avenue.
The fees will be based on the current rate at the time of final plat.
The Developer shall grant to the City a 20-ft wide temporary construction easement along the
west side of Lot 1, Block 1, and Lots 1-4, Block 4 with the final plat. The temporary
construction easement will allow the City the right to tie in the grading for the proposed
improvements to be constructed with CP 19-05.
RROOAADD AA
Development of Aspen Grove includes the construction of Road A, a local street. Road A is
designed as a 32-foot wide, two lane urban street, with a 5-foot concrete sidewalk on the
north side of the street. Road A will connect to Hamburg Ave at the west end of Aspen Grove
and extend the proposed Glade Avenue in the Cedar Crossings development at the east end
of Aspen Grove. The developer is dedicating 60-feet of right-of-way in compliance with City
ordinance requirements.
RROOAADD BB
The development of Aspen Grove includes the construction of Road B, a local street. Road B is
designed as 32-foot wide, two-lane urban roadway terminating in a permanent cul-de-sac
south of Road A. The Developer is dedicating 60-feet of right-of- in compliance with City
ordinance requirements.
RROOAADD CC
The development of Aspen Grove includes the construction of Road C, a local street. Road C is
designed as 32-foot wide, two-lane urban roadway which will provide a street connection to
future development north of Aspen Grove. A 5-foot concrete sidewalk will be constructed on
the east side of the street. The Developer is dedicating 60-feet of right-of-way in compliance
with City ordinance requirements. Road C serves five proposed lots and will therefore require
a temporary cul-de-sac; the Developer will be required to build the temporary cul-de-sac,
dedicate a temporary easement for the temporary cul-de-sac with the final plat, and submit a
cash escrow for future removal of the temporary cul-de-sac.
RROOAADD DD
The development of Aspen Grove includes the construction of Road D, a local street. Road D is
designed as 32-foot wide, two-lane urban roadway which will extend Greenwood Ave in the
Linden Ridge subdivision to Road A. Road D will terminate in a permanent cul-de-sac north of
Road A. A 5-foot concrete sidewalk will be constructed on the east side of the street south of
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Road A. The Developer is dedicating 60-feet of right-of-way in compliance with City ordinance
requirements.
RROOAADD EE
The development of Aspen Grove includes the construction of Road E, a local street. Road E is
designed as 32-foot wide, two-lane urban roadway terminating in a permanent cul-de-sac
north of Road A. The Developer is dedicating 60-feet of right-of- in compliance with City
ordinance requirements.
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress for grading, utility, and street construction shall be
through a rock construction entrance off Hamburg Avenue.
PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS
Development of Aspen Grove includes the construction of public sidewalks along the north
side of Road A, the east side of Road C, and the east side of Road D. The Developer will be
required to submit an escrow for the future sidewalk/trail construction along Hamburg
Avenue with the final plat.
The Park Dedication requirement has not been collected on the parent parcel and will be
satisfied through a cash contribution that will be paid with the final plat based on the rate in
effect at the time of final plat.
UUTTIILLIITTIIEESS
SSAANNIITTAARRYY SSEEWWEERR
Aspen Grove is located within subdistricts SC-10060 and SC-10630 of the South Creek sanitary
sewer district as identified in the City’s Comprehensive Sewer Plan. The Developer is
proposing to direct all wastewater from Aspen Grove through the SC-10060 subdistrict,
except for one lot that will use an existing sanitary sewer service in subdistrict SC-10630; the
City has reviewed this proposal and determined that the downstream facilities have sufficient
capacity to serve the proposed subdivision. The Developer will be required to construct 10-
inch diameter sanitary sewer to provide capacity for future upstream development,
consistent with the City’s Comprehensive Sewer Plan. Wastewater will be conveyed to the
MCES Farmington Interceptor and continue to the Empire Wastewater Treatment Facility.
Sanitary sewer will be extended within the subdivision to provide sewer service to the
development. The downstream sanitary sewer to serve Aspen Grove is proposed to be
constructed with the Development of Cedar Crossings. A final plat for Aspen Grove will not be
approved until the final plat for Cedar Crossings has been approved by the City Council and a
security has been submitted for the construction of the sanitary sewer to serve the
development.
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The Sanitary Sewer Availability Charge has been paid for the two existing single family homes
on the parent parcels. The Developer will receive credit for two lots and will be required to
pay the Sanitary Sewer Availability Charge for the remainder of the lots with the final plat. The
fee will be based on the current rate in effect at the time of final plat.
WWAATTEERRMMAAIINN
Development of Aspen Grove includes the extension of 8-inch watermain within the
subdivision. Watermain to serve the lots within Aspen Grove will be extended from proposed
12-inch trunk watermain in Hamburg Avenue, which is proposed to be constructed in 2019
with CP 19-05. Watermain will also be extended from an existing 8-inch stub in Greenwood
Avenue to serve the lots within Aspen Grove. The Developer is proposing to connect the 8-
inch watermain to a proposed watermain located in the proposed Glade Avenue of the Cedar
Crossings subdivision; because the Cedar Crossings subdivision is proposed to be served from
the City’s low pressure zone and the Aspen Grove subdivision is proposed to be served from
the City’s high pressure zone, the connection to the Glade Avenue watermain will require
additional review by City staff during final plat review.
The Developer shall extend the watermain in Road C to the northern edge of the Aspen Grove
subdivision to serve future development to the north.
The City plans to extend 12-inch trunk watermain along Hamburg Avenue adjacent to Aspen
Grove in 2019. The CIP includes assessments to benefiting properties adjacent to Hamburg
Avenue for the watermain improvements consistent with MN § Chapter 429 and City policy.
Based on the statutory timeline requirements for assessments and the timeline for Final Plat
approval of Aspen Grove, the existing properties comprising the Aspen Grove development
may be assessed for the watermain improvements. If the final plat is approved prior to the
properties being assessed, the Developer shall be required to submit a cash escrow for future
installation of the 12-inch watermain along Hamburg Avenue.
The cash escrow will be based on either an estimate provided by the Developer’s engineer or
the City’s estimated assessment rates for CP 19-05, and will be determined with the final plat.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City
staff with the final construction plans.
OOVVEERRHHEEAADD LLIINNEESS
Overhead electric transmission lines and poles currently serve the existing parcels from
transmission lines located on the west side of Hamburg Avenue. The overhead lines and poles
will be removed with the removal of the existing buildings and new underground distribution
lines will be installed to serve the Aspen Grove development.
Consistent with Chapter 7-6-1 of the City Code, the overhead electric line in the adjacent
Hamburg Avenue right of way shall be placed underground. A security will be required with
the final plat for the removal of the overhead electric lines.
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DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
Aspen Grove is located within subdistricts SC-45 and SC-74 of the South Creek stormwater
district as identified in the City’s Water Resources Management Plan.
Development of Aspen Grove includes the construction of a public stormwater management
basin within Outlot A. The basin will provide water quality treatment, volume and rate control
of the stormwater runoff generated from the Aspen Grove subdivision. The stormwater basin
design is consistent with City requirements. A portion of runoff from the western end of the
Aspen Grove subdivision will be routed to the Linden Ridge subdivision via surface flow and
through proposed storm sewer; this flow will be collected by existing storm sewer on the
north side of the Linden Ridge subdivision and routed to the existing stormwater
management basin for Linden Ridge. The Developer has demonstrated that the existing
storm sewer and stormwater management basin in Linden Ridge is sized to handle the
proposed runoff from Aspen Grove.
The outlet structure for the stormwater management basin will be subject to additional
review by City staff prior to construction. The design and location may be modified to provide
more ideal long-term stormwater management.
The final grading plan shall identify all fill lots in which the building footings will be placed on
fill material. The grading specifications shall also indicate that all embankments meet
FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings
placed on fill material are appropriately constructed. Building permits will not be issued until
a soils report and an as-built certified grading plan have been submitted and approved by
City staff.
Aspen Grove 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.
SSTTOORRMM SSEEWWEERR
Development of Aspen Grove includes the construction of public storm sewer systems. Storm
sewer will be installed within the subdivision to collect and convey stormwater runoff
generated from within the public right-of-way and lots to the public stormwater
management basin located within Outlot A and to existing storm sewer in the Linden Ridge
subdivision.
Draintile construction is required in areas of non-granular soils within Aspen Grove for the
street sub-cuts and lots. Any additional draintile construction, including perimeter draintile
required for building footings, which is deemed necessary during construction shall be the
developer’s responsibility to install and finance.
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The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and must be
paid with the Aspen Grove final plat. The Developer will receive a credit to the Trunk Storm
Sewer Area Charge for deeding Outlot A to the City, consistent with City policy.
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
FEMA FLOODPLAIN ANALYSIS
A portion of the Aspen Grove preliminary plat (proposed to be platted as Outlot A) is shown
on the Flood Insurance Rate Map (FIRM) as Zone A and Zone AE by the Federal Emergency
Management Agency (FEMA). Based on this designation, a portion of the plat is located within
a Special Flood Hazard Area (SFHA), as determined by FEMA. The only grading within the
floodplain boundary will be to construct the outlet structure for the stormwater management
basin. The Developer will be required to submit a No Rise Certificate with the final plat
certifying that the proposed grading will not impact the floodway width or 100-year flood
elevation.
The City is currently completing a Letter of Map Revision to modify the FIRM to develop the
adjacent Cedar Crossings subdivision as proposed. The Letter of Map Revision is currently
under review by FEMA. The proposed revised floodplain boundary will extend within Outlot A
of Aspen Grove. A final plat for Aspen Grove will not be approved until the Letter of Map
Revision has been approved by FEMA and a final plat has been approved for Cedar Crossings.
The Developer may be required to modify grading in the Aspen Grove development to
ensure no grading (with the exception of grading for the outlet structure) occurs within the
revised floodplain boundary.
WWEETTLLAANNDDSS
The wetland delineation for the site was approved on 02/27/2018 from a delineation
completed by Kjaolhaug Environmental. No wetland impacts are proposed with the
development of Aspen Grove. The Developer will be responsible for the installation of the
required Natural Area signs. Sign locations will be identified on the final plat plans.
TTRREEEE PPRREESSEERRVVAATTIIOONN
A tree preservation plan has been submitted. The plan shows a total of 157 significant trees
within the site. The plan proposes to save 84 (54%) trees. Additional tree planting will be
required around the basins. Additional trees will be included on the final plat plan.
EERROOSSIIOONN CCOONNTTRROOLL
The Developer is responsible for obtaining an MPCA Construction Permit for the site as well as
developing a SWPPP for the site prior to construction. The permit requires that all erosion and
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sediment BMPS be clearly outlined in a site’s SWPPP. Changes made throughout construction
should be documented in the SWPPP.
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.
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the Aspen Grove preliminary plat, grading and erosion
control plan, utility plan and tree preservation plan, subject to the requirements and
stipulations within this report