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HomeMy WebLinkAboutItem 10 Date: Item No. ASPEN GROVE PRELIMINARY PLAT, REZONING AND EASEMENT VACATION Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving the Aspen Grove preliminary plat, 2) an ordinance rezoning property from RM-1 District and RS-3 District to RS-4 District and adoption of the findings of fact, and, 3) a resolution vacating a public roadway, drainage and utility easement. Overview William Feldman, representing F.O. One Development, LLC, has submitted a preliminary plat, rezoning and easement vacation applications to allow the development of 56 single family residential lots on 23.72 acres of property located west of Cedar Avenue (CSAH 23), east of Hamburg Avenue and south of 202nd Street (CSAH 50). The proposed rezoning includes 2.62 acres of property from RM-1, Medium Density Residential District and 21.1 acres from RS-3, Single Family Residential District to RS-4, Single Family Residential District. At its June 28, 2018 meeting, the Planning Commission held a public hearing to consider the applications. There was public comment from two neighboring property owners. The Planning Commission unanimously recommended approval subject to the nine stipulations in the June 22, 2018 planning report. The Parks, Recreation, and Natural Resources Committee unanimously recommended approval of the preliminary plat at their June 27, 2018 meeting. Primary Issue to Consider • When can the final plat be considered by the City Council? A final plat for the entire Aspen Grove preliminary plat cannot be approved until the final plat of Cedar Landing has been approved so that the east portion of the Aspen Grove preliminary plat can be served with City sewer, water and stormsewer. Supporting Information • Preliminary plat and easement vacation resolutions and rezoning ordinance • Findings of fact • June 28, 2018 draft Planning Commission minutes • June 27, 2018 draft Parks, Recreation and Natural Resources Committee minutes • June 22, 2018 planning report and June 21, 2018 engineering report Financial Impact: $ n/a Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Subdivision and Zoning Ordinances Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Frank Dempsey, AICP, Associate Planner July 16, 2018 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 18-_____ RESOLUTION APPROVING THE PRELIMINARY PLAT OF ASPEN GROVE WHEREAS, F.O. One Development, LLC has requested approval of the preliminary plat of 56 single family lots to be known as ASPEN GROVE, on property legally described as follows: 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. WHEREAS, the Planning Commission held a public hearing at their June 28, 2018 meeting, preceded by notice as required by the Subdivision Ordinance; and WHEREAS, the Planning Commission and the Parks, Recreation and Natural Resources Committee unanimously recommended approval of the preliminary plat; and WHEREAS, the preliminary plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: The ASPEN GROVE preliminary plat is approved subject to the following conditions: 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. 2 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 has 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. ADOPTED by the Lakeville City Council this 16th day of July 2018. CITY OF LAKEVILLE Douglas P. Anderson, Mayor ATTEST: _______________________ Charlene Friedges, City Clerk Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 18-____ RESOLUTION VACATING PUBLIC ROADWAY, DRAINAGE AND UTILITY EASEMENT WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described Hamburg Avenue public roadway, drainage and utility easement vacation; and WHEREAS, the City Council has determined that it is in the public interest to vacate said roadway, drainage and utility easement. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public roadway, drainage and utility easement is hereby vacated: DOCUMENT NO. 2094172 A permanent easement for public roadway, drainage and utility purposes over, across, on, under and through the following property: The West 40.00 feet of the South 288 feet of the North 1054 feet of the West 1663.80 feet of the South ½ of the Northeast ¼ of Section 28, Township 114, Range 20, Dakota County, Minnesota. DOCUMENT NO. 2094174 A permanent easement for public roadway, drainage and utility purposes over, across, on, under and through the following property: The West 40.00 feet of the West 1663.80 feet of that part of the South ½ of the Northeast ¼ of Section 28, Township 114, Range 20, lying Southerly of the North 1054 feet thereof, Dakota County, Minnesota. 2 2. 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 16th day of July, 2018 CITY OF LAKEVILLE BY:______________________________ Douglas P. Anderson, Mayor ATTEST: BY:________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. ___________ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 16th day of July, 2018 as shown by the minutes of said meeting in my possession. __________________________________ Charlene Friedges City Clerk Seal Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO. _____ AN ORDINANCE REZONING PROPERTY FROM RM-1 DISTRICT AND RS-3 DISTRICT TO RS-4 DISTRICT IN CONJUNCTION WITH THE ASPEN GROVE PLAT THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Legal Description. The following described property located within the City of Lakeville, Dakota County, Minnesota is hereby rezoned from RM-1, Medium Density Residential District and RS-3, Single Family Residential District to RS-4, Single Family Residential District: 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. Section 2. Zoning Map. The zoning map of the City of Lakeville, adopted by Section 11-45-5 of the City Code, shall not be republished to show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the zoning map on file in the Zoning Administrator’s office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. Effective Date. This ordinance shall be effective upon City Council approval of the final plat of Aspen Grove and recording of the final plat with Dakota County. ADOPTED by the Lakeville City Council this 16th day of July, 2018 CITY OF LAKEVILLE BY: _______________________ Douglas P. Anderson, Mayor ATTEST: ___________________________ Charlene Friedges, City Clerk CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ASPEN GROVE ZONING MAP AMENDMENT FINDINGS OF FACT AND DECISION 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 subject property from RM-1 District and RS-3 District to RS-4 District. 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. The City Council hereby adopts the following: 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 RM-1, Medium Density Residential District and RS-3, Single Family Residential District. The applicant is requesting an amendment to the Zoning Map to rezone the subject site to RS-4, Single Family Residential District. 3. Legal description of the property is attached as Exhibit A. 4. Chapter 3 of the City of Lakeville Zoning Ordinance provides that a Comprehensive Plan and 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/medium density residential development. The proposed rezoning from RM-1 District and RS-3 District to RS-4 District is consistent with the low/medium density residential guiding of the properties included in the preliminary plat. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed detached single-family homes in the Aspen Grove preliminary plat will be compatible with the single-family homes to the south and west. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The proposed 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 available to serve the subject property and will not overburden the City’s service capacity upon extension of sanitary sewer and water services upon development of the Cedar Landing single family development to the south. The approximate east one-half of Aspen Grover preliminary plat can be served with City sewer and water through Linden Ridge. 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. 5. The report dated June 22, 2018 prepared by Frank Dempsey, AICP, Associate Planner is incorporated herein. DECISION The City Council approves the Zoning Map amendment in the form attached hereto. DATED: July 16, 2018 CITY OF LAKEVILLE BY: __________________________ Douglas P. Anderson, Mayor BY: __________________________ Charlene Friedges, City Clerk 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 PLANNING COMMISSION MEETING MINUTES June 28, 2018 Chair Kaluza called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Chair Pat Kaluza, Scott Einck, Karl Drotning, Jason Swenson, Jeff Witte, Paul Jarvis and ex-officio Mike Lamm Members Absent: Vice Chair Jason Kelvie and Brooks Lillehei Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Joe Powers, Project Engineer; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The June 7, 2018 Planning Commission meeting minutes were approved as presented. 4. Announcements Planning Director Daryl Morey stated that the June 27, 2018 Parks, Recreation and Natural Resources Committee draft motion regarding the Aspen Grove preliminary plat was distributed to the Planning Commission at tonight’s meeting. He also stated there will be a Planning Commission work session in the Marion Conference Room immediately following tonight’s regular meeting. 5. Aspen Grove Chair Kaluza opened the public hearing to consider the application of F.O. One Development, LLC for the following, located east of Hamburg Avenue, north of 205th Street, west of Cedar Avenue (CSAH 23), and south of 202nd Street (CSAH 50): A. Preliminary plat of 56 single family residential lots to be known as Aspen Grove; B. 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; C. Vacation of public roadway, drainage and utility easements. William Feldman, representing F.O. One Development, LLC and Ben Ford from Rehder & Associates were in attendance at tonight’s meeting. Mr. Feldman provided a brief overview of the request. Mr. Feldman indicated that he plans to start construction this summer and finish the project in 2019. The prices of the homes will range from $450,000 - $550,000. Planning Commission Meeting Minutes, June 28, 2018 Page 2 Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the Aspen Grove preliminary plat proposes the development of 56 single family residential lots. The developer is also requesting to rezone the property to RS- 4 District, which will be consistent with the zoning of the neighborhoods to the south and east. The subject property includes two separate metes and bounds described parcels, each with a single family home and detached accessory buildings that will be removed with the Aspen Grove development. In addition, the developer will purchase 2.61 acres from the Jehovah Witness Kingdom Hall and incorporate it into the final plat of Aspen Grove. The Aspen Grove preliminary plat complies with the Flood Plain Overlay District ordinance requirements. Development of the Aspen Grove preliminary plat is proposed to occur in a single phase, but the final plat cannot be developed with City sanitary sewer until the Cedar Crossings subdivision to the southeast develops and extends sanitary sewer to the northwest area of that plat. Mr. Dempsey stated that the Aspen Grove preliminary plat meets the lot area and lot width requirements of the RS-4 District. All 56 lots have adequate building pad areas that meet setback requirements. The Aspen Grove preliminary plat includes the dedication of right-of-way and the construction of four streets. Each street is described in more detail in the June 22, 2018 planning report. A landscape plan was submitted with the tree preservation plan. 84 of the 157 significant trees will be saved. At least two trees are required to be planted on each lot without “saved” trees. A proposed conceptual lot and street layout plan was submitted by the developer due to Aspen Grove preliminary plat abutting undeveloped property to the north. Mr. Dempsey stated that a neighborhood meeting was hosted by the developer on February 1, 2018. The notes from the meeting have been included in the packet material for tonight’s meeting. In addition, ISD 194 was notified of the proposed preliminary plat by Planning Department staff. No comments were received. 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. Mr. Dempsey stated that staff recommends approval of the Aspen Grove preliminary plat, rezoning and easement vacation, subject to the 9 stipulations listed in the June 22, 2018 planning report. Planning Commission Meeting Minutes, June 28, 2018 Page 3 Chair Kaluza opened the hearing to the public for comment. Scott Schlink, 20483 Hamburg Avenue Mr. Schlink’s concern: • He felt that Hamburg Avenue is a very unsafe road and cannot handle the amount of traffic he feels this development would bring. Saad Salam, 20519 Hartford Way Mr. Salam’s concern: • Is the school district being kept apprised of all the residential plats being approved by the City? Motion was made by Swenson, seconded by Jarvis to close the public hearing at 6:15 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included: • Project Engineer Joe Powers was asked by Commissioner Drotning to give a timeline of when Hamburg Avenue will be upgraded. Mr. Feldman stated that the preliminary grading with the heavy equipment should be done this year prior to Hamburg Avenue being reconstructed. • Confirmed that the Hamburg Avenue right-of-way being dedicated with this plat is sufficient for the Hamburg Avenue improvements. • Mr. Morey confirmed that with City Council approval of the preliminary plat, the developer can request a grading permit consistent with the approved preliminary grading plan. Street and utility construction cannot occur until after final plat approval. • Concerning Mr. Salam’s question, the City did inform the school district of this plat and other residential plats that are being processed. Staff did not receive any comments back from ISD 194. • Mr. Morey stated he was a member of the ISD 194 Long Term Facility Task Force and indicated that he made the task force aware of all the residential development occurring in Lakeville. He stated that school capacity was the top priority of the task force. Motion was made by Jarvis, seconded by Drotning to recommend to City Council approval of the Aspen Grove preliminary plat, 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, and vacation of public roadway, drainage and utility easements, subject to the following 9 stipulations: Planning Commission Meeting Minutes, June 28, 2018 Page 4 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 turnaround easement shall be dedicated over the temporary turnaround 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 has 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. Ayes: Swenson, Einck, Kaluza, Jarvis, Witte, Drotning Nays: 0 There being no further business, the meeting was adjourned at 6:28 p.m. The Planning Commission immediately went into their work session. Respectfully submitted, Penny Brevig, Recording Secretary 1 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. 2 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 3 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. 4 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 5 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. 6 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. 7 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. 8 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. 9 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 June 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. 210TH ST W HAMBURGAVE210TH ST W GLADEAVEGATEWAYDRGROMMETAVEGREENWOODGOODHUE BRUTUS D RMACBETH CIR208THSTREETCTGUT HRIE DR WAY 208THSTW HARTFORDW AY CTGLADEAVECAE SAR ST SH AKE S P E A R E B LVD GREENWOODAVE CLEOPATR ADR208TH S TW CEDARAVEA NTHONYD R JULIET DR H A R T F ORDWAY ROME O DRLOWER208THSTW H E R S H EYAVEHE L E NALNGUNNI SO NDR GREENWOODAVEGEMI N ITRLH A R R O W C THAMPSHIREWAY GRANVILLE LN GATEWAYDR FURYCTHAZELWOO D TRLF RUITWOODPATHGARRISONLNHARTFORDWAYGATEWAYCT205THSTW 205TH ST WHAMPTONAVECT456723 C IR 456750 202ND ST WHAMBURGAVEHO LISTER LN HEATHAVEHARVESTDR H ARNESSAVE201ST ST WHAMLETLNHIGHVIEWAVE C-3 P/OS RS-3 RS-3 RS-CBD RM-1 C-1 RM-2 RST-2 RM-2 RM-1 RS-4 RS-3 PUD RM-1 RS-3 RS-3P/OS RSMH C-2 RS-3 RS-3 P/OS I-1 ± City of LakevilleLocation Map Aspen Grove Rezoning Map Rezone 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 AASSPPEENN GGRROOVVEE JJUUNNEE 2200,, 22001188 PPAAGGEE 33 OOFF 88 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 AASSPPEENN GGRROOVVEE JJUUNNEE 2200,, 22001188 PPAAGGEE 44 OOFF 88 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. AASSPPEENN GGRROOVVEE JJUUNNEE 2200,, 22001188 PPAAGGEE 55 OOFF 88 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. AASSPPEENN GGRROOVVEE JJUUNNEE 2200,, 22001188 PPAAGGEE 66 OOFF 88 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. AASSPPEENN GGRROOVVEE JJUUNNEE 2200,, 22001188 PPAAGGEE 77 OOFF 88 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 AASSPPEENN GGRROOVVEE JJUUNNEE 2200,, 22001188 PPAAGGEE 88 OOFF 88 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