HomeMy WebLinkAboutItem 07
Date: Item No.
PINNACLE RESERVE AT AVONLEA 2ND ADDITION
Proposed Action
Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving the Pinnacle
Reserve at Avonlea 2nd Addition preliminary and final plat, and 2) an ordinance amending the Avonlea PUD.
Overview
D.R. Horton representatives are requesting approval of the Pinnacle Reserve at Avonlea 2nd Addition preliminary
and final plat of one lot and PUD development stage plans for a community building and amenity park. The
HOA will own and maintain the community building and amenity park for use by the residents of Pinnacle
Reserve. The community building and amenity park were identified on the Pinnacle Reserve preliminary plat.
D.R. Horton representatives are also requesting approval of an amendment to the Avonlea PUD to allow the front
elevations of their detached townhomes (Freedom Homes) to have less than 25% brick or stone materials. In their
project narrative, D.R. Horton states that the use of gables on the front elevations of their Freedom Homes
minimizes the amount of roof area that is visible from the street, which they feel leads to a more aesthetically
pleasing streetscape thus meeting the intent of the City’s ordinance requirement.
The Planning Commission held a public hearing on the Pinnacle Reserve at Avonlea 2nd Addition preliminary and
final plat, PUD development stage plans, and amendment to the Avonlea PUD and unanimously recommended
approval subject to 12 stipulations. The developer has met four of the stipulations with the submittal of revised
plans and the signed development contract. The remaining eight stipulations are included in the ordinance
amending the Avonlea PUD and the Pinnacle Reserve at Avonlea 2nd Addition development contract.
Primary Issues to Consider
• Is the proposed amendment to the Avonlea PUD consistent with the entire Avonlea development?
Supporting Information
• Staff Response to Primary Issues to Consider
• Resolution
• Ordinance
• Signed development contract
• February 6, 2020 Planning Commission meeting minutes
• February 11, 2020 revised planning report and revised plans
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Daryl Morey, Planning Director
March 2, 2020
Zoning and Subdivision Ordinances, Avonlea PUD
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Staff Response to Primary Issues to Consider
• Is the proposed amendment to the Avonlea PUD consistent with the entire Avonlea development?
The intent of the 25% brick or stone requirement on the front elevation of attached and detached townhomes is
to provide for a consistent and aesthetically pleasing streetscape in townhome developments. Within the
Avonlea PUD, maintaining a consistent and aesthetically pleasing streetscape for all residential dwelling types
was made more challenging when Mattamy Homes decided to stop building homes and sell lots to other
homebuilders, including CalAtlantic/Lennar and M/I Homes. The City Council approved additional
requirements for the exterior materials and architectural elements on the front elevations of single family homes
in Avonlea that all homebuilders must meet with subsequent platting phases of Avonlea and Pinnacle Reserve.
The various front elevation choices D.R. Horton will be providing for their Freedom Homes in Pinnacle Reserve
incorporate architectural elements consistent with the homes built or being built in other areas of the Avonlea
PUD and maintains the aesthetic and quality intended within the Avonlea PUD.
The developer of Summers Creek, which is a single family and detached townhome project under construction to
the north of Avonlea, submitted an email expressing his opposition to the proposed amendment to the Avonlea
PUD to allow less than 25% brick or stone on the front elevation of the detached townhomes in Pinnacle Reserve.
The email was provided to the Planning Commission and is included with the City Council packet materials.
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. __________
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF
PINNACLE RESERVE AT AVONLEA 2ND ADDITION
WHEREAS, the owner of the plat described as Pinnacle Reserve at Avonlea 2nd
Addition has requested preliminary and final plat approval; and
WHEREAS, the preliminary and final plat was reviewed by the Planning
Commission; and
WHEREAS, the preliminary and final plat and development stage PUD plans
meet Subdivision Ordinance requirements and are consistent with the Pinnacle Reserve
at Avonlea preliminary plat and the Avonlea PUD Ordinance; and
WHEREAS, the preliminary and final plat is acceptable to the City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The preliminary and final plat of Pinnacle Reserve at Avonlea 2nd Addition is
hereby approved subject to the development contract, security requirements,
and the Avonlea PUD ordinance as may be amended.
2. The Mayor and City Clerk are hereby directed to sign the final plat mylars,
development contract, and all documents required pursuant to the
development contract.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
ADOPTED by the Lakeville City Council this 2nd day of March 2020
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
ATTEST:
________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. _______ is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a
duly authorized meeting thereof held on the 2nd day of March 2020, as shown by the
minutes of said meeting in my possession.
________________________
Charlene Friedges, City Clerk
(SEAL)
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ORDINANCE NO. : 2020-___
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE PUD, PLANNED UNIT DEVELOPMENT
DISTRICT FOR AVONLEA
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Legal Description. The legal description of the property for
which the PUD District amendment applies is legally described as Lot 1-5, Block
8; Lot 1-18, Block 9; Lot 1-9, Block 10; Lot 1-5, Block 11; and Outlots M and N,
Pinnacle Reserve at Avonlea.
Section 2. Construction Standards. The construction of structures within
the properties shall conform to following minimum standards:
A. Building materials must conform to the requirements of Section
11-17-9.A of the Zoning Ordinance.
B. The front elevation shall include an exterior finish of brick or natural
or artificial stone, as well as incorporating a variety of siding forms
and textures (lap, shingle, board and batten) and architectural
elements (shutters or front pillars). The areas of the front, side and
rear façades not utilizing brick or stone shall utilize cement fiberboard
or engineered wood siding only.
C. The home builder shall make available an option to include brick or
stone on the entire front façade surrounding either the front window,
garage face, or both.
D. Building materials and construction shall comply with the plans
attached to the Planning Report dated 11 February 2020
incorporated herein by reference and approved by the City Council
with this ordinance.
Section 3. Amendments. Approval of PUD Development Stage Plans,
or any portion thereof, modifications of the allowed land uses, location of allowed
land uses or performance standards established by the Avonlea PUD Booklet or
this Ordinance, and the inclusion of additional lands within this PUD District by
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D.R. Horton Minnesota, its affiliates, successors, and assigns only shall be
processed in accordance with Section 11-96-21 of the Zoning Ordinance.
Section 4. This Ordinance shall be effective upon its passage and
publication.
ADOPTED by the Lakeville City Council this _____ day of _________,
2020.
CITY OF LAKEVILLE
BY:_____________________________
Douglas P. Anderson, Mayor
ATTEST
BY:__________________________
Charlene Friedges, City Clerk
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
PINNACLE RESERVE AT AVONLEA 2ND ADDITION
CONTRACT dated ____________________, 2020, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and FORESTAR (USA) REAL ESTATE GROUP INC., a
Delaware corporation (the “Developer”).
1. REQUEST FOR PLAT AND SITE PLAN APPROVAL. The Developer has asked the City
to approve a plat and Site Plan for PINNACLE RESERVE AT AVONLEA 2ND ADDITION (referred to in this
Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally
described as:
Outlot I, PINNACLE RESERVE AT AVONLEA, Dakota County, Minnesota, according to
the recorded plat thereof.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines,
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streets, utilities, public or private improvements, or any buildings until all the following conditions have been
satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
construction contractors has been received by the City, and 4) the plat has been filed with the Dakota
County Recorder or Registrar of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City’s
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and D the
plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
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commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C – Site Plan
Plan D - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following private
improvements:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Site Grading, and Erosion Control
E. Underground Utilities
F. Setting of Iron Monuments
G. Surveying and Staking
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including Section 11-16-
7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction
activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The
Developer shall submit plans and specifications which have been prepared by a competent registered
professional engineer to the City for approval by the City Engineer. The Developer shall instruct its
engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to
the extent that the Developer’s engineer will be able to certify that the construction work meets the
approved City standards as a condition of City acceptance. In addition, the City may, at the City’s
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discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect
the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all
instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project
management. The Developer’s engineer is responsible for design changes and contract administration
between the Developer and the Developer’s contractor. Within thirty (30) days after the completion of the
improvements and before the security is released, the Developer shall supply the City with a complete set
of reproducible “as constructed” plans and an electronic file of the “as constructed” plans in an AutoCAD
.DWG file or a .DXF file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
C. MnDot for Work in Right-of -Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
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11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
13. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City or Dakota County Soil and
Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City’s current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City or the Dakota County Soil
and Water Conservation District, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to
do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw
down the letter of credit to pay any costs. No development, utility or street construction will be allowed and
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no building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
14. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and final establishment of ground cover or temporary stabilization
approved by the City, the Developer shall provide the City with an “as constructed” grading plan certified by
a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have
been constructed on public easements or land owned by the City. The “as constructed” plan shall include
field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b)
location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and
dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations
and building pads, and all other items listed in City Code Section 10-3-5.NN. The City will withhold
issuance of a Certificate of Occupancy until the approved certified grading plan is on file with the City and
all erosion control measures are in place as determined by the City Engineer. The Developer certifies to
the City that all lots with house footings placed on fill have been monitored and constructed to meet or
exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced
development phases and lot descriptions, shall be submitted to the Building Official for review prior to the
issuance of the Certificate of Occupancy.
Prior to the release of the grading and erosion control security, the “as-constructed” plan for the lot
must be submitted to verify that the final as-built grades and elevations of the specific lot and all building
setbacks are consistent with the approved grading plan for the development, and amendments thereto as
approved by the City Engineer, and that all required property monuments are in place. If the final grading,
erosion control and “as-constructed” grading plan is not timely completed, the City may enter the lot,
perform the work, and draw on the letter of credit. Upon satisfactory completion of the grading, erosion
control and “as-constructed” grading plan, the security, less any draw made by the City, shall be released.
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15. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, subcontractors, their agents or assigns. Prior to any construction in
the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street
cleaning, and street sweeping.
16. PARK DEDICATION. The Developer shall pay a cash contribution of $4,509.00 in
satisfaction of the City’s park dedication requirements. The charge is calculated as follows: 1 lot at
$4,509.00 per lot.
17. STREET LIGHT OPERATION COSTS. The Developer shall pay to the City $40.48 in
payment of the first year operating costs for street lights. The fee is calculated as follows:
1 unit x $40.48/unit = $40.48
Residential Unit Streetlight Operating Fee Total
18. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay to the City
$66.16 in payment of the first year environmental resources expenses for the subdivision. The fee is
calculated as follows: 1 lot at $66.16 per lot.
19. LANDSCAPING. Landscaping shall be installed in accordance with the approved
landscape plan. The Developer shall post a $10,000.00 landscaping security at the time of final plat
approval to ensure that the landscaping is installed in accordance with the approved plan.
20. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the February 11, 2020 Planning Report.
B. The exterior materials to be used on all elevations of the community building shall be submitted
to the City and shall comply with the requirements of Section 6.D of the Avonlea PUD District.
C. The Developer shall provide an option to include brick/stone on the entire front façade
surrounding either/both the front window and garage face.
D. Lot 1, Block 1, Pinnacle Reserve at Avonlea 2nd Addition shall be included in the Homeowners
Association with the declarations subject to review and approval of the City Attorney prior to
release of the plat for recording.
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E. The Developer shall post a $100.00 security for the final placement of interior subdivision iron
monuments at property corners. The security is calculated as follows: 1 lot/outlot at $100.00
per lot/outlot. The security will be held by the City until the Developer's land surveyor certifies
that all irons have been set following site grading and utility and street construction. In addition,
the certificate of survey must also include a certification that all irons for a specific lot have
either been found or set prior to the issuance of a building permit for that lot.
F. The Developer shall pay a cash fee for the preparation of record construction drawings and City
base map updating. This fee is $90.00 per lot/outlot for a total charge of $90.00.
G. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g.,
grading, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
21. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, and payment of special
assessments, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security,
in the form attached hereto, from a bank ("security") for $20,600.00. If an alternate security is furnished,
the Developer shall also furnish a letter of credit for twenty-five percent (25%) of the alternate security
amount to cover any contract increases. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Erosion Control/Grading Certification $10,000.00
CONSTRUCTION SUB-TOTAL $10,000.00
OTHER COSTS:
A. Developer’s Record Drawings (0.5%) 500.00
B. Lot Corners/Iron Monuments 100.00
C. Landscaping 10,000.00
OTHER COSTS SUB-TOTAL $10,600.00
TOTAL SECURITIES: $20,600.00
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This breakdown is for historical reference; it is not a restriction on the use of the security. The bank
shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5)
business days written notice to the Developer, for any violation of the terms of this Contract or without
notice if the security is allowed to lapse prior to the end of the required term. If the required public
improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may
also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the
default. Upon receipt of proof satisfactory to the City that work has been completed and financial
obligations to the City have been satisfied, with City approval the security may be reduced from time to
time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the
amounts certified by the Developer's engineer shall be retained as security until all improvements have
been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been
received by the City, a warranty security is provided, and the public improvements are accepted by the City
Council. The City’s standard specifications for utility and street construction outline procedures for security
reductions.
22. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Park Dedication 4,509.00
B. Street Light Operating Fee 40.48
C. Environmental Resources Expenses 66.16
D. City Base Map Updating 90.00
TOTAL CASH REQUIREMENTS $4,705.64
23. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
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preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of
the Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the
security for the development.
F. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit
fees.
24. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
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emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
25. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties.
F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
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G. This Contract shall run with the land and may be recorded against the title to the property. In
the event this Contract is recorded, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
upon the completion of the work and responsibilities required herein, payment of all costs and
fees required and compliance with all terms of the Contract. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
Contract. The Developer covenants with the City, its successors and assigns, that the
Developer is well seized in fee title of the property being final platted and/or has obtained
consents to this Contract, in the form attached hereto, from all parties who have an interest in
the property; that there are no unrecorded interests in the property being final platted; and that
the Developer will indemnify and hold the City harmless for any breach of the foregoing
covenants.
H. Insurance. Prior to execution of the final plat, Developer and its general contractor shall
furnish to the City a certificate of insurance showing proof of the required insurance required
under this Paragraph. Developer and its general contractor shall take out and maintain or
cause to be taken out and maintained until six (6) months after the City has accepted the
public improvements, such insurance as shall protect Developer and its general contractor
and the City for work covered by the Contract including workers’ compensation claims and
property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Developer and its general contractor or anyone
directly or indirectly employed by either of them. The minimum amounts of insurance shall be
as follows:
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Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do business in the State of Minnesota, (ii) shall
name the City, its employees and agents as additional insureds (CGL and umbrella only) by
endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A
copy of the endorsement must be submitted with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least
thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment
of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s
or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits
required by this Contract.
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Pinnacle Reserve At Avonlea 2nd Addition
209024v4
I. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer,
or anyone for whose acts Developer may be liable. Developer agrees this indemnity
obligation shall survive the completion or termination of this Contract.
J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
K. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a
Certificate of Completion and Release.
L. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the
Developer or other lot owners in the Development. Private agreements between the owners of
lots within the Development for shared service or access and related matters necessary for the
efficient use of the Development shall be the responsibility of the lot owners and shall not bind
or restrict City authority to approve applications from any lot owner in the Development.
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Pinnacle Reserve At Avonlea 2nd Addition
209024v4
26. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: Forestar (USA) Real Estate Group Inc., c/o Reid Schulz 20860 Kenbridge Ct., Ste.
100, Lakeville, MN 55044. Notices to the City shall be in writing and shall be either hand delivered to
the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the
following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
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Pinnacle Reserve At Avonlea 2nd Addition
209024v4
CITY OF LAKEVILLE
BY: ___________________________________________
Douglas P. Anderson, Mayor
(SEAL)
AND __________________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2020, by Douglas P. Anderson and by Charlene Friedges, the Mayor and City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
______________________________________________
NOTARY PUBLIC
18
Pinnacle Reserve At Avonlea 2nd Addition
209024v4
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
D.R. HORTON, INC. – MINNESOTA, a Delaware corporation, which holds a mortgage executed by
Forestar (USA) Real Estate Group Inc., a Delaware corporation, to D.R. Horton, Inc. – Minnesota, a
Delaware corporation, dated June 13, 2019, filed June 21, 2019 with the office of the Dakota County
Recorder as Document Number 3311023 on the subject property, the development of which is governed
by the foregoing Development Contract, agrees that the Development Contract shall remain in full force
and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 2020.
D.R. HORTON, INC. - MINNESOTA
By: ______________________________________
Its
STATE OF ______________ )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of ________________,
2020, by ___________________________________________, the ______________________________
of D.R. HORTON, INC. - MINNESOTA, a Delaware corporation, on behalf of said corporation.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/smt
From:Casey Wollschlager
To:Morey, Daryl
Cc:Joann Wollschlager; Mark Pasvogel
Subject:Pinnacle Reserve 2nd Addition
Date:Tuesday, January 28, 2020 9:24:12 AM
Attachments:image001.jpg
Daryl,
I wanted to share an opinion about the suggested change to allow for less stone on the Detached
Townhomes on the DR Horton buildings in Pinnacle Reserve/Avonlea. The project that we
developed right next door(Summers Creek) has a requirement of 25% brick on every detached
townhome. Allowing ANY other project to have less than that is completely unfair. As I have
discussed with you in the past, the cost impact of the brick and more expensive siding (LP/Hardy) on
all sides of the homes is adding an additional $12,000-$20,000 per home for no reason. Keeping the
playing field even for EVERY business owner and future resident is requirement for the city. Allowing
one builder or development to have a significant cost advantage by not requiring the same building
materials is a problem for the economics of local builders and developers. Avonlea has already
received their PUD benefits years ago by getting increased density and smaller than normal lot sizes.
Giving additional benefits now is again unfair. Unless the city wants to change the
requirement(Ordinances) for all developments and builders across the whole community to create
more affordability, then all developments/builders should share the same rules.
Please share this email in the public comments section of the Planning Commission and City Council.
Thank You,
Casey Wollschlager
COO Summergate Companies
SUMMER-GATE.COM
952-898-3461
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
1
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 11 February 2020
RE: Lakeville – Pinnacle Reserve at Avonlea
TPC FILE: 135.01
BACKGROUND
DR Horton has submitted applications for the following within Pinnacle Reserve at Avonlea:
PUD Development Stage Plan and preliminary and final plat for development of an
amenity park and community building on Outlot I, Pinnacle Reserve at Avonlea.
Amendment of the Avonlea PUD District to approve plans for the HOA maintained single
family homes to be constructed within Pinnacle Reserve at Avonlea.
The subject site is zoned PUD, Planned Unit Development District in accordance with the PUD
Development Stage Plan and Ordinance approved by the City Council on 6 April 2015. A public
hearing to consider the applications has been noticed for the Planning Commission meeting on
6 February 2020.
Exhibits:
A. Site Location Map
B. Project Narrative
C. Amenity Park Site and Landscape Layout Exhibit
D. Amenity Park Grading Exhibit
E. Amenity Park building front elevation
F. Amenity Park building floor plan
G. Preliminary/Final Plat
H. Pinnacle Reserve Overall Preliminary Landscape Plan
I. Freedom Homes color renderings (12 pages)
J. Freedom Homes elevation plans (15 pages)
2
ANALYSIS
Amenity Park and Community Building. The PUD Development Stage Plan for Pinnacle
Reserve at Avonlea PUD designated Outlot I, Pinnacle Reserve at Avonlea for development of
an HOA recreation amenity:
Lot Requirements. There is no minimum lot area or lot width applicable to the subject
site established by the Avonlea PUD District.
Setbacks. The table below summarizes the setbacks required by the Avonlea PUD
District and Zoning Ordinance for the community building and pickleball courts within
the subject site:
183rd St. Hamby Way. East South
Required 20ft. 20ft 14ft. 25ft.
Building 25ft. 85ft. 10ft. 85ft.
Courts 52ft. 20ft. 106ft. 25ft.
The Zoning Ordinance requires community buildings to provide a side yard setback
double that required by the underlying zoning but not more than 30 feet, which for the
proposed building is 14 feet applicable to the east lot line. The proposed community
building is setback only 10 feet from the east lot line. The site plan must be revised to
shift the proposed building 4 feet to the west. The community building and pickleball
court comply with all other setback requirements.
Building Design. The proposed community building is a single story structure with
pitched roof and gables consistent with the character of the planned houses to be built
upon the HOA maintained single family lots. The developer indicates that the building
will have exterior finish materials consisting of brick accents, cement fiber horizontal lap
siding, and asphalt shingles. The developer has provided a color illustration of the
proposed exterior that only shows the front (north) elevation but must identify the
exterior materials to be used on the other 3 elevations and verify compliance with the
requirements of Section 6.D of the Avonlea PUD District requiring a minimum 25
percent brick or stone on the front elevation.
Landscaping. The subject site is at a comparable elevation to the single family lot to the
east and approximately 5 feet below the rear elevation of the building pad on the single
family lot to the south. The developer has submitted a landscape plan that provides for
a staggered row of evergreen trees along the east and south property lines to screen the
community building and pickleball courts from the abutting single family lots. There are
also 3 evergreen trees to the north of the pickleball courts and 4 shade trees in the
yards along 183rd Street and Hamby Way. The proposed landscaping is consistent with
the overall landscape plan approved for Pinnacle Reserve at Avonlea with the PUD
Development Stage Master Plan.
3
We recommend either an evergreen hedge or 6 foot privacy fence be added along the
east lot line from the front line of the community building to the proposed evergreen
trees to provide a more complete buffer. The location for mechanical equipment is not
shown and must be screened from view by a fence enclosure or landscaping. The type
and sizes of all proposed plantings are not specified and must be identified to verify
compliance with the requirements of Section 11-21-9.C of the Zoning Ordinance.
Off-Street Parking. Section 11-19-13 of the Zoning Ordinance requires community
center buildings to provide 10 parking stalls plus one parking stall for each 300 square
feet of principal building area greater than 2,000 square feet. The proposed building is
712 square feet in area requiring 10 off-street parking stalls. However, the site plan
does not include off-street parking facilities.
The amenity park is to be owned and accessible by the HOA for the 84 surrounding HOA
maintained lots within Pinnacle Reserve at Avonlea. Most of these lots are within 500
feet of the amenity park, with the farthest lot within a still walkable 1,300 feet. There is
also 266 feet of street frontage abutting the subject site available for on-street parking
for 10 vehicles. Based on these circumstances, exception from the off-street parking
requirement of the Zoning Ordinance is acceptable under the PUD Development Stage
Plan for the amenity park.
Exterior Lighting. The submitted plans do not identify exterior lighting fixtures either on
the community building or pickleball court. The developer must provide an exterior
lighting plan indicating the location, type, and height of all exterior light fixtures and a
photometric plan illustrating the intensity of the proposed exterior lighting in
compliance with Section 11-16-17 of the Zoning Ordinance.
Trash. No trash storage facilities are identified on the site plan or floor plan of the
community building. The developer must indicate if trash and recycling containers are
to be stored within the building or within an exterior enclosure that complies with the
requirements of Section 11-18-11 of the Zoning Ordinance. If an exterior enclosure is
planned, then plans for the enclosure constructed of materials consistent with that of
the principal building must be submitted prior to City Council consideration of the
applications.
Grading Plan. The developer has submitted a grading plan for development of the
subject site. All grading, drainage, and utility issues are subject to review and approval
of the City Engineer.
Utility Plan. A plan for connection of the community building to sanitary sewer and
water utilities is not shown on the submitted plans. Connection of the community
building to sanitary sewer and water utilities is subject to review and approval of the
City Building Official with application for a building permit.
4
Park Dedication. Section 10-8-4 of the Subdivision Ordinance addresses park dedication
requirements applicable to final plats. The preliminary plat approval for Pinnacle
Reserve at Avonlea provides for a combination of dedication of land and payment of
cash fees for each single family lot. The proposed private open space is included in the
calculation of land dedicated for park purposes for the preliminary plat. Section 10-4-
8.G of the Subdivision Ordinance allows the City to credit private recreational facilities
for park dedication purposes, so no cash fee will be required as part of the proposed
final plat.
Performance Agreement. There are no public improvements associated with the final
plat requiring a development agreement under Section 10-5-1 of the Subdivision
Ordinance. Section 11-93-23.E of the Zoning Ordinance requires the developer to enter
into a site improvement performance agreement (SIPA) with the City. The agreement
will provide for completion of the improvements identified on the submitted plans and
posting of financial securities. The SIPA will be drafted by the City Attorney and is
subject to approval of the City Council.
Exterior Material Requirements. The single family dwellings to be constructed on the HOA
maintained lots are subject to the exterior finish requirements of the Avonlea PUD District
unless otherwise approved by the Planning Commission and City Council in accordance with
Section 6 of the Avonlea PUD District. The RST-2 District and Avonlea PUD District require use
of brick or stone exterior finish materials for a minimum of 25 percent of the front elevation.
Cement fiberboard or engineered wood siding having varied color and texture is required to be
used for the remainder of the exterior finish material on the front elevation and the entire side
and rear elevations.
House Plan % Brick/Stone Material on Front Elevation
Base Optional
Bristol A-Front 10.0% 16.9%
B-Front 9.8% 15.8%
C-Front 12.0% 17.3%
Clifton A-Front 9.0% 25.1%
B-Front 10.0% 15.6%
C-Front 11.3% 16.0%
Dover A-Front 20.1% --
B-Front 20.3% --
C-Front 17.3% --
Morgan A-Front 24.7% Not specified
B-Front 17.6% Not specified
C-Front 19.5% Not specified
Lewis A-Front 16.3% --
B-Front 20.0% --
C-Front 18.3% --
5
The developer is proposing 5 house plans each with 3 front elevation choices for the HOA
maintained lots. None of the proposed front elevations use a minimum of 25 percent brick.
The Bristol and Clifton house plans have an optional front elevation that increases the area of
brick or stone, but only 1 of these 6 front elevations meet the minimum 25 percent
requirement. The Morgan house plan has an optional second story but the area of the second
story visible from the front elevation (that would increase the area of the front elevation) is not
included in the calculation of brick or stone materials (decreasing the percentage of brick or
stone material).
The developer is requesting approval of the proposed elevations with less than 25 percent brick
or stone used on the front elevation for the proposed houses on the HOA maintained lots. The
basis of this request is that each of the front elevation plans incorporate 2 or more roof gables
to add variation to the structure and incorporation of varied materials. The brick or stone
exterior finish material used for each front elevation on the proposed plans is a horizontal
wainscoting that rises to the base of the front window or mid-point of the front window on the
optional Bristol and Clifton house plans in a manner appropriate for the design of the building.
Combined with use of cement fiber or engineered wood on all sides of the building, the exterior
finish of the proposed single family dwelling plans maintains the aesthetic and quality intended
within the Avonlea PUD District.
City staff suggests that the area of brick or stone used for the front elevation could include the
entire area of the elevation surrounding the front window section and/or garage face. Making
available to buyers the option to increase brick or stone in this manner would further add
variation to the streetscape and either comply with or come closer to complying with the
minimum 25 percent requirement. The Planning Commission may consider adding a condition
of approval stipulating the developer provide an option for additional brick on the front façade
to include the area surrounding either/both the front window or the garage face.
CONCLUSION
Our office recommends approval of the PUD Development Stage Plan and preliminary and final
plat for Pinnacle Reserve at Avonlea 2nd Addition and the amendment to the Avonlea PUD
subject to the following conditions outlined below:
1. The site plan shall be revised such that the community building is setback 14 feet from
the east lot line.
2. The exterior materials to be used on all elevations of the community building shall be
submitted and shall comply with the requirements of Section 6.D of the Avonlea PUD
District.
3. The landscape plan shall be revised to add an evergreen hedge or 6 foot privacy fence
along the east lot line from the front line of the community building to the proposed
evergreen trees.
6
4. The location and screening of ground mounted mechanical equipment for the
community building shall be specified and is subject to approval of the Zoning
Administrator.
5. The type and sizes of all proposed plantings shown on the landscape plan shall be
identified to verify compliance with the requirements of Section 11-21-9.C of the Zoning
Ordinance.
6. The developer shall provide an exterior lighting plan indicating the location, type, and
height of all exterior light fixtures and a photometric plan illustrating the intensity of the
proposed exterior lighting in compliance with Section 11-16-17 of the Zoning Ordinance.
7. Any exterior storage of trash or recycling containers shall be within an enclosure that
complies with the requirements of Section 11-18-11 of the Zoning Ordinance
constructed of materials consistent with that of the principal building.
8. All grading, drainage and erosion control issues are subject to review and approval of
the City Engineer.
9. All utility issues are subject to review and approval of the Building Official at the time
application for a building permit.
10. The developer shall execute a site improvement performance agreement with the City
as drafted by City Attorney and subject to approval of the City Council.
11. The developer shall make available an option to include brick/stone on the entire front
façade surrounding either/both the front window and garage face.
12. Lot 1, Block 1 Pinnacle Reserve at Avonlea 2nd Addition shall be included in the Home
Owners Association with the declarations subject to review and approval of the City
Attorney.
c. Justin Miller, City Administrator
Alex Jordan, Assistant City Engineer
John Hennen, Parks and Recreation Director
Andrea McDowell-Poehler, City Attorney
±
185TH ST HAMBURGAVEOutlot I
City of Lakeville
Pinnacle Reserve at Avonlea
Outlot I
Site Location Map
183RD STH
AMELDR186TH ST
EXHIBIT A
EXHIBIT B
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
EXHIBIT C
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
EXHIBIT H
EXHIBIT I
EXHIBIT J