HomeMy WebLinkAboutItem 07
Date: Item No.
THE PRESERVE PRELIMINARY PLAT
Proposed Action
Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving the
preliminary plat of The Preserve, 2) an ordinance rezoning property from RS-2 to RS-3 and adopt the
findings of fact, and 3) a buffer yard lot width variance and adopt the findings of fact.
Overview
Progressive, LLC has submitted preliminary plat, rezoning, and variance applications and plans for 89 single
family lots and five outlots on 82 acres of land located east of Kenwood Trail (CSAH 50) and south of 185th
Street (CSAH 60). The proposed rezoning is from RS-2 to RS-3 and the lot width variance is for three buffer
yard lots.
The Planning Commission held a public hearing at their May 21, 2020 meeting to consider the preliminary
plat, rezoning and variance. There were no public comments made at the meeting, but staff was made aware
that a few members of the public were unable to join the meeting via Chime. Staff received two emails prior
to the public hearing and two emails following the public hearing with questions and comments regarding
potential impacts and compatibility with surrounding neighborhoods. At the recommendation of the City
Attorney, the Planning Commission added a stipulation listing the required lot width for the three lots to
which the variance applies. The Planning Commission unanimously recommended approval of the
preliminary plat, rezoning and variance. The Parks, Recreation, and Natural Resources Committee
unanimously recommended approval of the preliminary plat at their May 20, 2020 meeting.
Primary Issue to Consider
Is the preliminary plat and rezoning compatible with surrounding properties and consistent with the 2040
Comprehensive Plan? The preliminary plat and rezoning are consistent with the 2040 Land Use Plan and
compatible with the other single-family neighborhoods in the area that received RS-2 to RS-3 rezoning
approval when they were preliminary platted.
Supporting Information
• Preliminary plat resolution, rezoning ordinance, variance form, and findings of fact
• May 21, 2020 draft Planning Commission meeting minutes
• May 20, 2020 draft Parks, Recreation & Natural Resources Committee meeting minutes
• May 15, 2020 Planning report (minus some exhibits) and the May 13, 2020 Engineering report
• Four emails received from the public
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: Zoning & Subdivision Ordinances
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Frank Dempsey, AICP, Associate Planner
June 1, 2020
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 20-_____
RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PRESERVE
WHEREAS, Progressive Land, LLC requests approval of the preliminary plat of 89 single
family lots to be known as THE PRESERVE, on property legally described as follows:
(SEE ATTACHED EXHIBIT A)
WHEREAS, the Planning Commission held a public hearing at their May 21, 2020 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 PRESERVE preliminary plat is approved subject to the following conditions:
1. Implementation of the recommendations listed in the May 13, 2020 engineering
report.
2. Park dedication shall be satisfied with a combination of land dedication and cash
contribution paid with the final plat for each development phase.
3. The developer shall construct five-foot wide concrete sidewalks along one side of all
streets, except cul-de-sacs, and bituminous trails as identified on the preliminary plat
plans.
4. Outlots A-E shall be deeded to the City with the final plat.
5. Side yard building setback s for Lot 1, Block 4; Lot 1, Block 5; and Lot 9, Block 6 shall
comply with 30-foot side yard buffer setback requirements in the RS-3 District.
6. Buffer yard landscaping shall be installed according to the approved landscape plan. A
security for the buffer yard landscaping shall be submitted with the final plat.
7. Driveway access is not permitted onto 190th Street.
2
8. All new local utilities and any existing overhead service utilities located on the
property shall be placed underground.
9. Any existing structures, fences, wells, and septic systems shall be removed with the
development of this property.
10. The developer shall adhere to all environmental laws and regulations regarding soils
contamination and site remediation. The development improvements must be
completed in accordance with the recommendations identified in the approved
Response Action Plan (RAP).
11. The lot width variance for the three buffer yard lots shall be as follows:
Lot 1, Block 4 – 100 feet
Lot 1, Block 5 – 99 feet
Lot 9, Block 6 – 100 feet
ADOPTED by the Lakeville City Council this 1st day of June 2020.
CITY OF LAKEVILLE
Douglas P. Anderson, Mayor
ATTEST:
_______________________
Charlene Friedges, City Clerk
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
3
EXHIBIT A
Property Legal Description:
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 18,
TOWNSHIP 114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA.
AND
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 18,
TOWNSHIP 114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA.
AND
OUTLOT A, IN LAKERIDGE, ACCORDING TO THE RECORDED PLAT THEREOF,
EXCEPT, THAT PART SHOWN AS PARCEL 15, DAKOTA COUNTY RIGHT OF WAY
MAP NO. 469, ACCORDING TO THE MAP ON FILE AND OR RECORD IN THE
DAKOTA COUNTY RECORDERS OFFICE, MINNESOTA.
AND
THAT PART OF THE NORHEAST QUARTER OF THE NORTHWEST OF SECTION 19,
TOWNSHIP 114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE
NORTHEAST QUATER OF THE NORTHWEST QUATER OF SAID SECTION, THENCE
SOUTH 88 DEGREES 59 MINUTES EAST ALONG THE NORTH LINE OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUATER OF SAID SECTION, 300.08
FEET; THENCE SOUTH 0 DEGREES 01 MINUTES 15 SECONDS WEST 360.70 FEET TO
THE CENTER OF MINNESOTA TRUNK HIGHWAY NO. 50 AS CONSTRUCTED AND
TRAVELED; THENCE NORTH 55 DEGREES 40 MINUTES 45 SECONDS WEST ALONG
SAID CENTERLINE, 364.12 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION, THENCE NORTHERLY ALONG
THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION, 160.70 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PART SHOWN AS PARCEL 16, DAKOTA COUNTY
RIGHT OF WAY MAP NO. 469, ACCORDING TO THE MAP ON FILE AND OF RECORD
IN THE DAKOTA COUNTY RECORDER'S OFFICE.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. _____
AN ORDINANCE REZONING PROPERTY FROM RS-2 DISTRICT TO RS-3 DISTRICT IN
CONJUNCTION WITH THE PRESERVE PRELIMINARY 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 RS-2, Single Family Residential
District to RS-3, Single Family Residential District:
(SEE ATTACHED EXHIBIT A)
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
Preserve final plat and recording of the final plat with Dakota County.
ADOPTED by the Lakeville City Council this 1st day of June 2020
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
ATTEST:
___________________________
Charlene Friedges, City Clerk
EXHIBIT A
Property Legal Description:
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 18,
TOWNSHIP 114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA.
AND
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 18,
TOWNSHIP 114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA.
AND
OUTLOT A, IN LAKERIDGE, ACCORDING TO THE RECORDED PLAT THEREOF,
EXCEPT, THAT PART SHOWN AS PARCEL 15, DAKOTA COUNTY RIGHT OF WAY MAP
NO. 469, ACCORDING TO THE MAP ON FILE AND OR RECORD IN THE DAKOTA
COUNTY RECORDERS OFFICE, MINNESOTA.
AND
THAT PART OF THE NORHEAST QUARTER OF THE NORTHWEST OF SECTION 19,
TOWNSHIP 114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE
NORTHEAST QUATER OF THE NORTHWEST QUATER OF SAID SECTION, THENCE
SOUTH 88 DEGREES 59 MINUTES EAST ALONG THE NORTH LINE OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUATER OF SAID SECTION, 300.08
FEET; THENCE SOUTH 0 DEGREES 01 MINUTES 15 SECONDS WEST 360.70 FEET TO
THE CENTER OF MINNESOTA TRUNK HIGHWAY NO. 50 AS CONSTRUCTED AND
TRAVELED; THENCE NORTH 55 DEGREES 40 MINUTES 45 SECONDS WEST ALONG
SAID CENTERLINE, 364.12 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION, THENCE NORTHERLY ALONG
THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION, 160.70 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PART SHOWN AS PARCEL 16, DAKOTA COUNTY
RIGHT OF WAY MAP NO. 469, ACCORDING TO THE MAP ON FILE AND OF RECORD IN
THE DAKOTA COUNTY RECORDER'S OFFICE.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
THE PRESERVE
ZONING MAP AMENDMENT
FINDINGS OF FACT AND DECISION
On May 21, 2020, the Lakeville Planning Commission met at its regularly scheduled meeting to
consider the application of Progressive, LLC to amend the Zoning Map to rezone the subject
property from RS-2, Single Family Residential District to RS-3, Single Family Residential 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 4, which guides the
property for low density residential use.
2. The subject site is currently zoned RS-2, Single Family Residential District.
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 from
RS-2, Single Family Residential District to RS-3, 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 residential
development. The proposed rezoning from RS-2 to RS-3 is consistent with the 2040
Comprehensive Plan. The RS-3 District zoning is also consistent with the zoning of other
single-family residential developments in the area.
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 Preserve preliminary plat will be
compatible with the existing and proposed single-family developments to the north,
south, east and west.
c. The proposed use conforms to all performance standards contained in the Zoning
Ordinance and the City Code.
Finding: The Preserve single family residential development will comply with the
applicable provisions of the Zoning Ordinance, Subdivision Ordinance, and City Code,
except as allowed by the variance specified in the May 15, 2020 planning report and as
approved by the City Council.
d. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
Finding: The Preserve preliminary plat can be accommodated with the public services
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 Preserve preliminary plat will be within the
capacity of the streets that will serve this development.
5. The report dated May 15, 2020 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: June 1, 2020
CITY OF LAKEVILLE
BY: __________________________
Douglas P. Anderson, Mayor
BY: __________________________
Charlene Friedges, City Clerk
EXHIBIT A
Property Legal Description:
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 18,
TOWNSHIP 114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA.
AND
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 18, TOWNSHIP
114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA.
AND
OUTLOT A, IN LAKERIDGE, ACCORDING TO THE RECORDED PLAT THEREOF,
EXCEPT, THAT PART SHOWN AS PARCEL 15, DAKOTA COUNTY RIGHT OF WAY MAP NO.
469, ACCORDING TO THE MAP ON FILE AND OR RECORD IN THE DAKOTA COUNTY
RECORDERS OFFICE, MINNESOTA.
AND
THAT PART OF THE NORHEAST QUARTER OF THE NORTHWEST OF SECTION 19,
TOWNSHIP 114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA, DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUATER OF THE NORTHWEST QUATER OF SAID SECTION, THENCE SOUTH 88
DEGREES 59 MINUTES EAST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUATER OF SAID SECTION, 300.08 FEET; THENCE SOUTH 0
DEGREES 01 MINUTES 15 SECONDS WEST 360.70 FEET TO THE CENTER OF MINNESOTA
TRUNK HIGHWAY NO. 50 AS CONSTRUCTED AND TRAVELED; THENCE NORTH 55
DEGREES 40 MINUTES 45 SECONDS WEST ALONG SAID CENTERLINE, 364.12 FEET TO
THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION, THENCE NORTHERLY ALONG THE WEST LINE OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 160.70 FEET TO THE
POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PART SHOWN AS PARCEL 16, DAKOTA COUNTY RIGHT
OF WAY MAP NO. 469, ACCORDING TO THE MAP ON FILE AND OF RECORD IN THE
DAKOTA COUNTY RECORDER'S OFFICE.
1
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
VARIANCE NO. 20-______
1. Variance. Subject to the terms and conditions set forth herein, the City of Lakeville
approves a variance from the required buffer yard lot width requirements for three lots
within The Preserve preliminary plat as follows:
Lot 1, Block 4 – 100 feet
Lot 1, Block 5 – 99 feet
Lot 9, Block 6 – 100 feet
2. Expiration. This variance shall expire if The Preserve preliminary plat is not final platted in
accordance with Chapter 10-2-2.D.6 of the City Code.
Dated: June 1, 2020
CITY OF LAKEVILLE
BY:____________________________
Douglas P. Anderson, Mayor
BY:____________________________
Charlene Friedges, City Clerk
2
The following instrument was acknowledged before me this 1st day of June 2020 by Douglas
P. Anderson, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation.
__________________________
Notary Public
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
THE PRESERVE VARIANCE
FINDINGS OF FACT AND DECI SION
On May 21, 2020 the Lakeville Planning Commission met at its regularly scheduled meeting to
consider the application of Progressive, LLC for a variance to allow a reduction of buffer yard lot
width for Lot 1, Block 4; Lot 1, Block 5; and Lot 9, Block 6 in The Preserve preliminary plat. The
Planning Commission conducted a public hearing on the proposed variance preceded by
published and mailed notice. The applicant was present and the Planning Commission heard
testimony from all interested persons wishing to speak. The City Council hereby adopts the
following:
FINDINGS OF FACT
1. The property is located in Planning District No. 4 of the Comprehensive Plan which
guides the property for low density residential use.
2. The property is zoned RS-2, Single Family Residential District but is proposed to be
rezoned to RS-3, Single Family Residential District.
3. The legal description of the property is:
(See Attached Exhibit A)
4. Section 11-6-5 of the Zoning Ordinance requires that certain criteria be met in
consideration of a variance request. The criteria and our findings regarding them are:
a. That the variance would be consistent with the comprehensive plan.
Finding: The variance is consistent with the low-density land use designation of
the 2040 Comprehensive Plan.
b. That the variance would be in harmony with the general purpose and intent of the
Zoning Ordinance.
2
Finding: The variance for reduced buffer yard lot width will be in harmony with
the general purpose and intent of the Zoning Ordinance with the increased
buffer yard landscape screening adjacent to 190th Street.
c. That the plight of the landowner is due to circumstances unique to the property
not created by the landowner.
Finding: The unique circumstances are the physical and natural environment
characteristics of the property. The variance for lot width for the three lots would
result in minimizing impacts to trees and wetlands within the property.
d. That the purpose of the variance is not exclusively for economic considerations.
Finding: The purpose of the variance is to balance a maximization of the
developable space on the property with protection of the natural environment.
e. That the granting of the variance will not alter the essential character of the
neighborhood in which the parcel of land is located.
Finding: The three lots subject to the variance will meet minimum lot size and
building setback requirements of the Zoning Ordinance and will be compatible
with other single family lots in the surrounding neighborhoods.
f. That the requested variance is the minimum action required to eliminate the
practical difficulty.
Finding: The proposed variance is the minimum necessary to allow homes to be
constructed on the affected lots while meeting setback requirements.
g. Variances may not be approved for any use that is not allowed under this section
for property in the zone where the affected person’s land is located.
Finding: The proposed single family lots are a permitted use in the RS-3 District.
5. The planning report dated May 15, 2020 and prepared by Frank Dempsey, Associate
Planner is incorporated herein.
3
DECISI ON
The City Council approves the variance in the form attached hereto.
DATED: June 1, 2020
CITY OF LAKEVILLE
BY: __________________________
Douglas P. Anderson, Mayor
BY: __________________________
Charlene Friedges, City Clerk
4
EXHIBIT A
Property Legal Description:
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 18, TOWNSHIP 114
NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA.
AND
THE SOUTHEAST QUARTER OF THE S OUTHEAST QUARTER IN SECTION 18, TOWNSHIP 114
NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA.
AND
OUTLOT A, IN LAKERIDGE, ACCORDING TO THE RECORDED PLAT TH EREOF,
EXCEPT, THAT PART SHOWN AS PARCEL 15, DAKOTA COUNTY RIGHT OF WAY MAP NO. 469,
ACCORDING TO THE MAP ON FILE AND OR RECORD IN THE DAKOTA COUNTY RECORDERS
OFFICE, MINNESOTA.
AND
THAT PART OF THE NORHEAST QUARTER OF THE NORTHWEST OF SECTION 19, TOWNSHIP
114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUATER OF THE NORTHWEST
QUATER OF SAID SECTION, THENCE SOUTH 88 DEGREES 59 MINUTES EAST ALONG THE
NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUATER OF SAID SECTION,
300.08 FE ET; THENCE SOUTH 0 DEGREES 01 MINUTES 15 SECONDS WEST 360.70 FEET TO THE
CENTER OF MINNESOTA TRUNK HIGHWAY NO. 50 AS CONSTRUCTED AND TRAVELED; THENCE
NORTH 55 DEGREES 40 MINUTES 45 SECONDS WEST ALONG SAID CENTERLINE, 364.12 FEET
TO THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION, THENCE NORTHERLY ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION, 160.70 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PART SHOWN AS PARCEL 16, DAKOTA COUNTY RIGHT OF WAY
MAP NO. 469, ACCORDING TO THE MAP ON FILE AND OF RECORD IN THE DAKOTA COUNTY
RECORDER'S OFFICE.
Planning Commission Meeting Minutes, May 18 , 2020 Page 5
study; a minimum of 1.0 enclosed parking stalls per dwelling unit shall be required
within the supply of off-street parking stalls.
5. All drainage and utility easements are subject to review and approval of the City
Engineer.
6. The preliminary/final plat shall be revised to dedicate the area of the existing
conservation easement within the subject site as Outlot A and the proposed Outlot
A as Outlot B. Outlots A and B as is to be shown on the revised preliminary/final
plat shall be deeded to the City in accordance with Section 10-4-7 of the Subdivision
Ordinance.
7. All grading, drainage, erosion control, and/or wetland issues are subject to review
and approval by the City Engineer.
8. All utility issues are subject to review and approval of the City Engineer.
9. Park dedication requirements shall be satisfied by payment of a cash fee in lieu of
land at the time of final plat approval as provided for by Section 10-4-8.J of the
Subdivision Ordinance.
10. The developer shall enter into a development agreement with the City as drafted
by the City Attorney and subject to approval by the City Council.
11. A minimum of one enclosed off-street parking stall shall be provided for without
additional fee within the lease for each dwelling unit.
Ayes: Majorowicz, Lillehei, Kaluza, Witte, Drotning, Zimmer, Swenson
Nays: 0
6. The Preserve
Chair Kaluza opened the public hearing to consider the application of Progressive,
LLC for the following, located east of Kenwood Trail (CSAH 50) and south of 185th
Street (CSAH 60): A. Preliminary plat of 89 single family residential lots and five outlots
to be known as The Preserve; B. Zoning Map amendment to rezone the property from
RS-2, Single Family Residential District to RS-3, Single Family Residential District;
and C. Variance for lot width for three corner lots abutting 190th Street.
Jeremy LeBeau from Progressive, LLC was present via teleconference and presented
a brief overview of the request. Michelle Hosfield from Wenck Associates is also
available to answer questions about the soil contamination.
Mr. LeBeau stated that The Preserve plat is approximately 80 acres and will be
developed in three phases with construction to begin this summer. He indicated that
they hope to have 49 lots completed within the first phase by this fall. Mr. LeBeau
stated that The Preserve will be a premier upper end neighborhood for Lakeville.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the developer is requesting approval of a rezoning of the subject property
to be consistent with the zoning of the single family neighborhoods to the east, west
and south of the proposed plat. Exhibit A of the planning report identifies the area of
the property that includes the requested rezoning from RS-2 to RS-3, which remains
consistent with the low-density residential land use classification in the 2040
Comprehensive Plan.
Planning Commission Meeting Minutes, May 18 , 2020 Page 6
Mr. Dempsey stated that the reason for the variance request by the developer is
because three side yard buffer lots abutting 190th Street are proposed to be less
than the required 110 feet in width. Additional buffer yard width is required for all
lots that abut major collector or higher classification roads. The landscape plan
proposes additional landscaping for these lots to increase and maximize the
effectiveness of the screening buffer.
Staff and the developer’s engineer explored options in order to avoid a variance for
these three lots, but it was determined that this was the best option.
Mr. Dempsey stated that the City Attorney is recommending the following stipulation
be added for more clarification of the lots needing a variance:
11. The lot width variance for the three buffer yard lots shall be as follows:
Lot 1, Block 4 – 100 feet
Lot 1, Block 5 – 99 feet
Lot 9, Block 6 – 100 feet
Mr. Dempsey described the existing conditions of the subject property which
consists of four parcels that included a single family home and accessory buildings
that were removed in 2019.
There are five outlots in The Preserve preliminary plat. All five outlots will be deeded
to the City with the final plat.
Mr. Dempsey reviewed the streets included within The Preserve plat, with additional
detailed information outlined in the May 13, 2020 Engineering Division memo. All
streets meet the minimum width and design requirements of the Subdivision
Ordinance.
Mr. Dempsey stated that a tree preservation plan was submitted by the developer
and included as Exhibit J with the May 15, 2020 planning report. The plan proposes
41% of the significant trees on site to be saved.
A wetland delineation was completed and approved on October 16, 2019. The
wetland delineation identified 12 wetlands on site.
Mr. Dempsey stated that the City’s 2015 Parks, Trails, and Open Space Plan does
not identify a neighborhood park within this development. Outlot E can be used for
play pod areas that will abut up to The Preserve Greenway corridor trail. Mr.
Dempsey indicated that a combination of land dedication and cash payment will be
used to satisfy the park dedication requirements at the time of plat approval.
The developer will construct 5-foot wide concrete sidewalks as required along one
side of all streets in the development except cul-de-sacs.
Planning Commission Meeting Minutes, May 18 , 2020 Page 7
A sketch plan has been submitted for City staff review for the two 10-acre properties
north of The Preserve. The future development of the properties north of The
Preserve must include the extension of Ixonia Avenue north to 185th Street.
Mr. Dempsey stated that the developer prepared a Phase 1 environmental review.
Two areas of concern of approximately 6.8 acres within the preliminary plat were
identified that warranted further study. The testing identified an uncontrolled landfill
of construction and other waste materials on-site likely dating from the 1980’s.
In October 2019 Wenck and Associates Inc. was hired by Progressive, LLC for further
investigation and testing of the landfill. Based on results of Wenck’s study, a
Response Action Plan (RAP) will be prepared and submitted to the MPCA for review
and approval. As indicated earlier, Michelle Hosfield from Wenck Associates is
available to answer questions about the soil contamination.
Mr. Dempsey indicated that a neighborhood meeting was hosted by the developer
on June 19, 2019. Approximately 30 residents attended. The discovery of landfill
materials on the property is the reason for the delay of the public hearing for the
preliminary plat.
Planning and Engineering staff recommends approval of The Preserve preliminary
plat, Zoning Map amendment, and variance, subject to the 10 stipulations listed in
the May 15, 2020 planning report, as amended, and adoption of the Findings of Fact
dated May 21, 2020.
Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Lillehei, seconded by Witte to close the public hearing at 6:59
p.m.
Ayes: Lillehei, Kaluza, Witte, Drotning, Zimmer, Swenson, Majorowicz
Nays: 0
Chair Kaluza announced that due to the fact that some people were having technical
difficulty joining the meeting via Chime, even though the public hearing is now closed,
any members of the public will be allowed to make their statements if they are able to
join the meeting.
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
• Staff addressed the concerns raised in the e-mails that were distributed to the
Planning Commission prior to tonight’s meeting.
• Mr. LaBeau stated the homes will cost approximately $550,000 and up.
• The contamination and clean up were addressed by Ms. Hosfield. She
indicated that most of the environmental clean up will be in the 2nd phase of
Planning Commission Meeting Minutes, May 18 , 2020 Page 8
development. Preliminary findings show no connection of contamination with
the water supply. Ms. Hosfield stated that the developer will follow the
approved MPCA remediation plan.
• Mr. Jordan stated the proposed speed limit for 190th Street is anticipated to be
set at 30 mph. He stated that a speed study may be done after the street is
opened to traffic, but it is best to start at the low-end speed and work from there.
• The creek and waterways through the property, along with the Vermillion
watershed, were explained by Mr. Jordan. He indicated that a majority of the
wetlands are being kept and the creek and natural resources are being
preserved.
• Mr. Jordan explained that the City works very closely with the development
team to minimize disruption to the existing residents during construction.
Specific accesses are determined for construction traffic throughout the
process.
• Commissioner Swenson commented that there are six different points where
this development could connect to the adjacent neighborhoods. It is great
planning when these street connections are finally made connecting the
neighborhoods in the area.
• Mr. Dempsey was asked to explain what was driving the variance request. The
Planning Commission agreed that it made sense to approve the variance
request in this situation given the developer’s efforts to protect the natural
environment to the greatest extent possible.
Motion was made by Witte, seconded by Lillehei to recommend to City Council
approval of The Preserve preliminary plat of 89 single family residential lots and five
outlots, Zoning Map amendment to rezone the property from RS-2, Single Family
Residential District to RS-3, Single Family Residential District, and a variance for lot
width for three corner lots abutting 190th Street, located east of Kenwood Trail (CSAH
50) and south of 185th Street (CSAH 60), and adopt the Findings of Fact dated May
21, 2020, subject to the following stipulations, as amended:
1. Implementation of the recommendations listed in the May 13, 2020 engineering
report.
2. Park dedication shall be satisfied with a combination of land dedication and cash
contribution paid with the final plat for each development phase.
3. The developer shall construct five-foot wide concrete sidewalks along one side of
all streets, except cul-de-sacs, and bituminous trails as identified on the preliminary
plat plans.
4. Outlots A-E shall be deeded to the City with the final plat.
5. Side yard building setbacks for Lot 1, Block 4; Lot 1, Block 5; and Lot 9, Block 6
shall comply with 30-foot side yard buffer setback requirements in the RS-3
District. The building pads on the preliminary plat and grading plan shall be
amended to comply with RS-3 District side yard buffer setbacks prior to City
Council consideration of the preliminary plat.
Planning Commission Meeting Minutes, May 18 , 2020 Page 9
6. Buffer yard landscaping shall be installed according to the approved landscape
plan. A security for the buffer yard landscaping shall be submitted with the final
plat.
7. Driveway access is not permitted onto 190th Street.
8. All new local utilities and any existing overhead service utilities located on the
property shall be placed underground.
9. Any existing structures, fences, wells, and septic systems shall be removed with
the development of this property.
10. The developer shall adhere to all environmental laws and regulations regarding
soils contamination and site remediation. The developer improvements must be
completed in accordance with the recommendations identified in the approved
Response Action Plan (RAP).
11. The lot width variance for the three buffer yard lots shall be as follows:
Lot 1, Block 4 – 100 feet
Lot 1, Block 5 – 99 feet
Lot 9, Block 6 – 100 feet
Ayes: Kaluza, Witte, Drotning, Zimmer, Swenson Majorowicz, Lillehei
Nays: 0
7. City of Lakeville
Chair Kaluza opened the public hearing to consider amendments to Chapters 4, 10
(Subdivision Ordinance), and 11 (Zoning Ordinance) of the Lakeville City Code.
Daniel Licht from The Planning Company presented the planning report. Mr. Licht
stated that the 2040 Lakeville Comprehensive Plan has been approved by the
Metropolitan Council and adopted by the City Council. Mr. Licht indicated that City
staff has begun work on implementation of the plan with updates to the Zoning
Ordinance, with a major focus on formulation of allowed uses and development
standards for the newly created Corridor Mixed Use (CMU) land use category, which
has been reviewed at length at Planning Commission and City Council work sessions.
City staff has prepared draft ordinance amendments for implementation of the 2040
Lakeville Comprehensive Plan, which were presented by Mr. Licht and discussed at
tonight’s Planning Commission meeting and are reviewed in detail in the May 14, 2020
planning report.
Mr. Licht stated that one of the e-mails received prior to tonight’s meeting referred to
apartment building height. This item was discussed at a City Council work session
and it was determined that the limit be maintained at four stores. Mr. Licht indicted
that there are exceptions allowed by conditional use permit. City staff would request
no change to the proposed City Code, Subdivision Ordinance and Zoning Ordinance
amendments, as presented.
Parks, Recreation & Natural Resources Committee Meeting Minutes, May 20, 2020 Page 2
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Frank Dempsey, Associate Planner
Date: May 15, 2020
Subject: Packet Material for the May 21, 2020 Planning Commission Meeting
Agenda Item: The Preserve preliminary plat
Action Deadline: July 31, 2020
BACKGROUND
Representatives of Progressive, LLC have submitted applications for a preliminary plat, rezoning,
and variance to allow the development of 89 single-family residential lots be known as The
Preserve. The area of the preliminary plat includes four metes and bounds described parent
parcels consisting of 89 single-family home lots and five outlots totaling 81.92 acres. The Preserve
preliminary plat is generally located northeast of Kenwood Trail (CSAH 50), west of 188th Street,
east of 190th Street, Javelin Avenue and Javelin Way and north of Iteri Avenue and Inndale Drive.
The request includes a rezoning of the property from RS-2, Single Family Residential District to
RS-3, Single Family Residential District. A variance for buffer yard lot width for three lots is also
proposed.
The Preserve preliminary plat plans have been distributed to Engineering Division and Parks and
Recreation Department staff, and the Parks, Recreation and Natural Resources Committee and
the Dakota County Plat Commission.
EXHIBITS
A. Aerial Photo Map
B. Existing and Proposed Zoning Map
C. Development Overview Narrative
D. Existing Conditions & Tree Preservation Survey
E. Preliminary Plat
2
F. Grading Plan (5 Pages)
G. Stormwater (SWPPPP) and Erosion Control Plan
H. Utility Plan
I. Wetland Preservation Plan (4 Pages)
J. Tree Preservation Plan and Inventory Tabulation (13 Pages)
K. Landscape Plan
L. Trail Easement Sketch
M. Development Phasing Plan
N. June 19, 2019 Neighborhood Meeting Notes
O. Dakota County Plat Commission Letter, dated June 25, 2019
P. Wenck Technical Memo 11-12-19
Q. Wenck Investigation Work Plan 2-2020
R. Wenck Technical Memo 3-6-20
S. Wenck Site Remediation & Redevelopment Plan to MPCA 3-11-20
T. Wenck Executive Summary Narrative 5-6-20
PLANNING ANAL YSIS
REZONING
The developer requests approval of a rezoning of the subject property from RS-2, Single Family
Residential District to RS-3, Single Family Residential District consistent with the zoning of the
single-family neighborhoods to the east, west and south of the proposed The Preserve plat. The RS-2
and RS-3 Districts are differentiated by requirements of minimum lot size and lot width. The RS-2
District requires 100-foot wide, 15,000 square foot lots. The RS-3 District requires 85-foot wide,
11,000 square foot lots.
Exhibit A identifies the area of the property that includes The Preserve that would be rezoned from
RS-2 to RS-3. The proposed RS-3 District zoning remains consistent with the low-density residential
land classification in the 2040 Comprehensive Plan.
Findings of Fact in consideration of the rezoning request is attached.
VARIANCE
Three side yard buffer lots abutting 190th Street are proposed to be less than the required 110 feet
in width, ranging between 99.8 and 100.2 feet in width. Additional buffer yard width is required
for all lots that abut major collector or higher classification roads. The proposed lot widths are
generally consistent with the minimum lot width for a standard corner lot not abutting a major
collector road. Staff and the developer’s engineer explored options in order to maintain the
minimum 110-foot wide side yard buffer lot width, but in doing so it would require shifting 190th
3
Street further north directly impacting the minimum lot depth requirement of the 12 buffer yard
lots on the north side of 190th Street. Shifting the lots north would also result in the removal of
additional trees that are now proposed to be saved in the area north of 190th Street. The
landscape plan proposes additional landscaping for these lots to increase and maximize the
effectiveness of the screening buffer. The three lots subject to the requested lot width variance
will still be subject to the required buffer yard setback of 30 feet from the side yard abutting 190th
Street.
Findings of Fact in consideration of the variance request is attached.
PRELIMINARY PLAT
Existing Conditions. The development site consists of four parcels that included a single family
home and accessory buildings that were removed in 2019. The land had historically been used
for agricultural purposes until approximately the early 1990’s. The properties include large stands
of mature trees and wetlands. Topography includes moderately sloping terrain from north to
south. Many of the existing trees near the northeast portion of the preliminary plat appear as
mature trees on aerial photographs since 1937. Many are proposed to be preserved as part of the
proposed preliminary plat. Historic aerial photos also indicate that portions of the 80-acre
property have been farmed until sometime around the early 1990’s.
Consistency with the Comprehensive Plan. The proposed preliminary plat is located in
Planning District 4 of the proposed 2040 Comprehensive Plan. Planning District 4 guides the
subject property as low-density residential development where city sewer is available as well as
restricted development consistent with the wetlands located on the property.
Zoning and Adjacent Land Uses. The Preserve preliminary plat area is currently zoned RS-2.
The developer proposes to rezone the property to RS-3 consistent with other single-family zoned
properties in the area , while remaining within the low-density residential land use guided in the
2040 Comprehensive Plan. Adjacent single-family home developments to the west, south and
east were developed between 2002 and 2013.
Adjacent land uses and zoning are as follows:
North – Single-Family Homes on large parcels and 185th Street (CSAH 60) (RS-2 District)
East – Single-Family Homes (RS-3 District)
South – Single-Family Homes (RS-3 District)
West – Single-Family Homes and Kenwood Trail (CSAH 50) (RS-3 District)
Consistency with the Capital Improvement Plan (CIP). City streets, sanitary sewer and water
improvements for the area of The Preserve will be financed and constructed by the developer.
The development costs associated with The Preserve development are not programmed in the
2020– 2024 CIP.
4
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
Preserve preliminary plat against these criteria finds that it not a premature subdivision.
Density/Average Lot Size. The Preserve preliminary plat consists of 89 single-family lots on
81.92 acres. This results in a gross density of 1.08 units per acre. Excluding the 6.16 acre 190th
Street major collector street right-of-way, wetlands and wetland buffers/public open space and
stormwater management ponds, the net buildable area is 38.22 acres with a net density of 2.33
units per acre. Single-family lot sizes within The Preserve preliminary plat range from 11,009
square feet to 26,379 square feet in area.
SINGLE-FAMILY LOT REQUIREMENTS
Lots/Blocks. The following minimum single-family lot size requirements of the RS-3, Single-
Family Residential District pertain to The Preserve preliminary plat, except for the identified lots
abutting 190th Street for which a variance is proposed for buffer yard lot width:
Lot Area
(Interior)
Lot Area
(Corner)
Lot Width
(Interior)
Lot Width
(Corner)
Lot Depth (Abutting
190th Street)
RS-3 11,000 s.f. 12,500 s.f. 85 feet 110 feet 150 feet
Setbacks. The following minimum requirements for single-family building setbacks in the RS-3
District pertain to The Preserve preliminary plat:
Front Yard Side Yard
(Interior)
Side Yard
(Corner)
Rear Yard Rear/Side Yard
(Buffers)
RS-3 30 feet 10 feet 20 feet 30 feet 50 feet (rear)
30 feet (side)
The proposed house pads shown on The Preserve grading, drainage and erosion control plan
indicate that side and rear yard setback requirements can be met except for Lot 1, Block 4; Lot 1,
Block 5; and Lot 9, Block 6. These are the buffer yard lots for which the variance is proposed.
The building pad setbacks for the three variance lots shall be amended prior to City Council
consideration of the preliminary plat. All 89 single-family lots have adequate building pad areas
that meet setback requirements for principal structures.
Outlots. There are five outlots totaling 37.07 acres in The Preserve preliminary plat. The use of
the proposed outlots will be as follows:
5
Outlot A – 0.39 acres consisting of wetland and wetland buffer area to be deeded to the City
with the final plat.
Outlot B – 1.98 acres consisting of wetland, wetland buffer area, and a water quality corridor
to be deeded to the City with the final plat.
Outlot C – 17.16 acre outlot consisting of wetland, wetland buffer area, and stormwater
basins to be deeded to the City with the final plat.
Outlot D – 11.6 acre outlot consisting of stormwater basins, wetland and wetland buffer area,
and a greenway corridor trail to be deeded to the City with the final plat.
Outlot E – 5.94 acre outlot consisting of wetland and wetland buffer, greenway corridor trail,
and tree preservation areas as preserved public park and open space to be deeded to the City
with the final plat.
Streets. The following is a summary of streets proposed with The Preserve preliminary plat.
Additional detailed information is outlined in the Engineering Division memorandum dated
May 13, 2020.
188th Court – 188th Court will be a cul-de-sac street extending east from Ixonia Avenue. The
street will be constructed within a 60-foot wide right-of-way with a 32-foot wide street. There
will be no sidewalk constructed within 188th Court. The cul-de-sac complies with the minimum
required length of 150 feet and the maximum required length of 600 feet.
188th Street – 188th Street currently terminates at the west end of the Spring Hill Third Addition
plat near the northeast corner of the proposed The Preserve preliminary plat. 188th Street will
extend west with two lots fronting the north side of the street before turning south as Ivorra
Avenue. The existing temporary cul-de-sac will be removed and 188th Street will continue the
60-foot wide right-of-way and 32-foot wide street with a five-foot wide concrete sidewalk along
the north side of the street and west side connection of Ivorra Avenue.
189th Street – 189th Street will connect Ivorra Avenue and Ixonia Avenue. 189th Street will be
constructed within a 60-foot wide right-of-way with a 32-foot wide street with a five-foot wide
sidewalk on the north side of the street.
190th Street – 190th Street is a major collector within the south half of the property. 190th Street to
the east of The Preserve is a 40-foot wide street within a 100-foot wide right of way. The
preliminary plat plans for The Preserve shows the same right-of-way and street width continuing
west until it intersects with Kenwood Trail opposite Jordan Trail, consistent with the
Comprehensive Transportation Plan. Five-foot wide concrete sidewalks or bituminous trails will
be constructed on both sides of 190th Street.
Inndale Drive –Inndale Drive is a residential street that will be extended north from The
Greenway neighborhood south of The Preserve to connect to 190th Street. The existing
temporary cul-de-sac at the north end of Inndale Drive will be removed. Three lots will be
6
developed on either side of the Inndale Drive extension. Inndale Drive will be constructed
within a 60-foot wide right-of-way and a 32-foot wide street consistent with the existing portion
of Inndale Drive in The Greenway. Sidewalk was not constructed within The Greenway
development so sidewalk will not be constructed along Inndale Drive within The Preserve north
to 190th Street.
Iteri Avenue – Iteri Avenue is a residential street that will be extended slightly north from The
Greenway neighborhood and will end in a permanent cul-de-sac within The Preserve plat with
no connection to 190th Street due to the discovery of soils contamination within that area of The
Preserve plat. Sidewalk was not constructed within The Greenway development so sidewalk will
not be continued into the permanent cul-de-sac. The temporary cul-de-sac constructed with The
Greenway 4th Addition in 2011 and now located partly on the lots addressed as 19062 and 19063
Iteri Avenue shall be removed and the impacted areas of the two lots in The Greenway shall be
restored by the developer of The Preserve. A financial security will be submitted by the
developer for removal of the temporary cul-de-sac and restoration of the lots.
Ivorra Avenue – Ivorra Avenue will connect 188th Street to 189th Street. The street will transition
to 189th Street which will then connect to Ixonia Avenue. Ivorra Avenue will be a residential
street constructed within a 60-foot wide right-of-way and a 32-foot wide street with a 5-foot wide
concrete sidewalk along the west side of the street.
Ivorra Court – Ivorra Court will be a short 150-foot deep cul-de-sac with four lots and will extend
off the south side of 190th Street. Ivorra Court will include a 60-foot wide right-of-way with a 32-
foot wide street without sidewalks.
Ixonia Avenue – Ixonia Avenue is a minor collector street that will eventually connect 190th Street
and 185th Street (CSAH 60) consistent with the Comprehensive Transportation Plan when the
properties north of The Preserve develop in the future. Ixonia Avenue will eventually be a full
access movement intersection at 185th Street. Ixonia Avenue is a 40-foot wide street within an
80-foot wide right of way with five-foot wide concrete sidewalks on both sides of the street. The
preliminary plat shows the required amount of right-of-way to be dedicated with the final plat.
Five-foot wide concrete sidewalks will be constructed on both sides of Ixonia Avenue. The
developer shall install a sign at the north terminus of Ixonia Avenue that states “Future Road
Extension.”
Javelin Avenue – Javelin Avenue will be a residential street located within Stone Ridge 1st
Addition. Javelin Avenue will be constructed within a 60-foot wide right-of-way and a 32-foot
wide street with a five-foot wide concrete sidewalk along the south side of the street. The current
temporary cul-de-sac at the end of Javelin Avenue will be removed with the second phase of the
development. Javelin Avenue will transition into Javelin Path allowing connection to Javelin
Way and 190th Street.
Javelin Path – Javelin Path will be a residential street transitioning from Javelin Avenue and will
be constructed within a 60-foot wide right-of-way and a 32-foot wide street with a five-foot wide
7
concrete sidewalk along the west side of the street. Javelin Path will connect Javelin Avenue from
the north to Javelin Way to the south.
Javelin Way – Javelin Way will extend east from the temporary turnaround in Stone Ridge 1st
Addition and will connect to 190th Street to the south. The temporary turnaround on the
property at 18826 Javelin Way at the east terminus of Javelin Way in Stone Ridge 1st Addition
will be removed by the developer. The property where the temporary cul-de-sac is now located
shall be restored when Javelin Way is extended to the east. A financial security will be submitted
by the developer for removal of the temporary turnaround and restoration of the lot on which it
is now located. Javelin Way is a residential street constructed within a 60-foot wide right-of-way
and a 32-foot wide street with a five-foot wide concrete sidewalk along the south and west sides
of the street.
Kenwood Trail (CSAH 50) – Kenwood Trail (CSAH 50) abuts approximately 480 feet of The
Preserve plat near the southwest corner of the site. Kenwood Trail is classified as a minor arterial
roadway in the Comprehensive Transportation Plan. Kenwood Trail requires 75 feet of half
right-of-way adjacent to the plat. The plat will dedicate the 75 feet of right-of-way required by
Dakota County. A pedestrian trail was installed along the north side of Kenwood Trail with the
Kenwood Trail improvement project in 2018.
All streets meet the minimum width and design requirements of the Subdivision Ordinance.
Grading, Drainage, Erosion Control, and Utilities. Proposed grading, drainage, erosion
control, and utilities for The Preserve preliminary plat is shown on the grading, drainage and
erosion control, and utility plans. The plans are outlined and discusse d in the May 13, 2020
engineering report prepared by Alex Jordan, Assistant City Engineer and Mac Cafferty,
Environmental Resources Manager. The Engineering Division recommends approval of the
preliminary plat.
Tree Preservation. A tree preservation plan was submitted by the developer. The tree
preservation plan identified 3,756 significant trees located within The Preserve preliminary plat
boundaries. The tree preservation plan proposes to save 1,543 (41%) of the significant trees on
site . Mac Cafferty, Environmental Resources Manager has reviewed the tree preservation plan.
His comments are included in the May 30, 2019 engineering report.
Wetlands. A wetland delineation was completed and approved on October 16, 2019. The
wetland delineation identified 12 wetlands on site totaling 16.09 acres. The information and data
have been incorporated into the preliminary plat plans. Mac Cafferty, Environmental Resources
Manager, has reviewed the wetland delineation report. His comments regarding wetland
preservation and impacts are included in the May 13, 2020 engineering report.
Park Dedication. The City’s 2015 Parks, Trails, and Open Space Plan does not call for a
neighborhood park within this development. Outlot E will include 4.95 acres that can be used
for play pod areas that will abut up to The Preserve Greenway corridor trail. These play pod areas
8
will not be developed with field facilities, but a small playground may be possible on the site.
Specifics related to future play pod areas will be determined at a later date following
neighborhood input and suggestions.
A combination of land dedication and cash payment will be used to satisfy the park dedication
requirements at the time of final plat approval for the future phases of the project.
The Parks, Recreation and Natural Resources Committee will review the preliminary plat at their
May 20, 2020 meeting. Their comments will be forwarded to the Planning Commission at the
public hearing.
Sidewalks/Trails. The developer will construct 5-foot wide concrete sidewalks as required along
one side of all streets in the development except cul-de-sacs, as noted in the planning report. The
City’s 2015 Parks, Trail and Open Space Plan identifies bituminous trails connecting the Ipava
Greenway Corridor north toward 185th Street. One segment of the greenway trail is proposed to
extend west from near 188th Street into The Preserve neighborhood, then extend westerly
through the wooded area to connect to Ixonia Avenue and eventually to 190th Street and the
pedestrian trail on Kenwood Trail. The developer is negotiating with the owner of the property
adjacent to the northeast corner of the plat to acquire the necessary trail easement to make the
trail connection from 188th Street into The Preserve development. A sketch for the possible trail
is attached. Another trail will connect to the Ipava Greenway trail in The Greenway
neighborhood to the south. A trail crossing will be located at the intersection of Ixonia Avenue
and 190th Street.
Subdivision Monument Sign. A monument sign has not been identified with The Preserve
preliminary plat. Any future monument sign shall meet Zoning Ordinance requirements.
MUSA. The Preserve preliminary plat area is located within the current Metropolitan Urban
Service Area (MUSA) and is able to connect to adjacent City sewer and water utilities.
Ghost Plat. A conceptual lot and street layout (ghost plan) sketch was submitted for City staff
review for the two 10 acre properties north of The Preserve and aligned with the proposed
extension of Ixonia Avenue. The sketch includes the extension of Ixonia Avenue north to 185th
Street. The future development of the properties north of The Preserve must include the
extension of Ixonia Avenue north to 185th Street.
Development Phasing Plan. The phasing plan proposes two phases of development
commencing on the east side of the plat west to include Ixonia Avenue. The second phase
proposes development of 190th Street and the west half of the plat adjacent to Stone Ridge 1st
Addition. Development phasing is anticipated to begin Phase II during the 2021 – 2022
construction season. Development phasing is conceptual and may be subject to change by the
developer upon submittal of future final plat phases. The development phasing plan is attached.
9
Overhead Utilities. Overhead electric lines and poles are located within the site on the parent
parcels. The Developer is required to remove the overhead lines and poles with the final plat. All
utility lines will be placed underground consistent with City Code requirements.
Independent School District No. 194. ISD 194 received notice of the public hearing and the
plans for the proposed preliminary plat. No comments were received.
Plat Commission. The Dakota County Plat Commission reviewed and approved the preliminary
plat at their June 17, 2019 meeting. The Plat Commission letter is attached.
Identified Landfill and Soils Contamination/Mitigation Summary. As required by the
Subdivision Ordinance, Progressive Land hired the services of a company to determine the
conditions of soils on the property to identify variable soils and their suitability for the proposed
development layout and street construction. A Phase I environmental report followed by a soil
testing report was completed for the site. Two areas of concern of approximately 6.8 acres within
the preliminary plat was identified that warranted further study. The Phase I environmental
review identified an area near the center of the property as a likely dump area that included an
old vehicle, household appliances, and various metal scraps. The testing identified an
uncontrolled landfill of construction and other waste materials on-site likely dating from the
1980’s, which apparently pre-dates the most recent previous owner(s) of the property.
In October 2019, Progressive Land hired the services of Wenck and Associates, Inc. (Wenck) to
further investigate the scope and nature of the soils testing and landfill and determine
contaminants at concentrations of potential concern within the proposed construction site. The
testing identified evidence of elevated contamination in the soil and groundwater within the 6.8-
acre landfill area. The additional testing that identified the older landfill area in the center of the
property brought the total suspected landfill area to 11.4 acres.
Wenck prepared a technical memo in November 2019, describing the nature of the landfill
materials discovered. Wenck followed with a report dated February 20, 2020 which was
submitted to the Minnesota Pollution Control Agency (MPCA). This was followed by a March
11, 2020 addendum to the February 20, 2020 environmental investigation work plan submitted
to the MPCA. Based on the results of the study, a Response Action Plan (RAP) will be prepared
and submitted to the MPCA for review and approval. The development improvements must be
completed in accordance with the recommendations identified in the approved RAP.
Progressive Land has filed a request to the MPCA for a Retroactive No Association
Determination Letter for recognition that the landfill on the property was not a result of actions
of Progressive Land.
Neighborhood Meeting. The developer hosted an open house neighborhood meeting on
Wednesday, June 19, 2019 at the Water Treatment Facility. Approximately 30 residents attended.
Summary notes of the neighborhood meeting are attached. The reason for the delay between
10
June 19, 2019 and the public hearing for the preliminary plat was due primarily to the discovery
of landfill materials on the property.
RECOMMENDATION
Planning Department staff recommends approval of The Preserve preliminary plat, rezoning,
and variance subject to the following stipulations:
1. Implementation of the recommendations listed in the May 13, 2020 engineering report.
2. Park dedication shall be satisfied with a combination of land dedication and cash
contribution paid with the final plat for each development phase.
3. The developer shall construct five-foot wide concrete sidewalks along one side of all
streets, except cul-de-sacs, and bituminous trails as identified on the preliminary plat
plans.
4. Outlots A-E shall be deeded to the City with the final plat.
5. Side yard building setback s for Lot 1, Block 4; Lot 1, Block 5; and Lot 9, Block 6 shall
comply with 30-foot side yard buffer setback requirements in the RS-3 District. The
building pads on the preliminary plat and grading plan shall be amended to comply with
RS-3 District side yard buffer setbacks prior to City Council consideration of the
preliminary plat.
6. Buffer yard landscaping shall be installed according to the approved landscape plan. A
security for the buffer yard landscaping shall be submitted with the final plat.
7. Driveway access is not permitted onto 190th Street.
8. All new local utilities and any existing overhead service utilities located on the property
shall be placed underground.
9. Any existing structures, fences, wells, and septic systems shall be removed with the
development of this property.
10. The developer shall adhere to all environmental laws and regulations regarding soils
contamination and site remediation. The development improvements must be
completed in accordance with the recommendations identified in the approved Response
Action Plan (RAP).
The Preserve
Property Information
June 6, 2019
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.
EXHIBIT A
Lake Marion
RS-3
RS-3
RS-2
RS-2
P/OS
RS-3
P/OS
P/OS
RM-1RS-2
RS-2
RM-1
PUD RS-2
RS-3
P/OS
O-R
RS-3
RS-3
456750
456760 456760
456750
KENWOOD TRLJORDAN T RLJAVATR L
INNDAL
EDR
1 8 8 THS
TWITERI AVEISMAY P AT
H185TH ST W
IRONRIVERTRJ ASMINEWAYIRELAN
DWAY183RD ST W
JOPLINAVEIR O N S T O N EWAYKE
NWOODTRLIPAVAAVEJAVATRLIRVINE WAYJADELN
ITTABENAWAYJEWELP
A
TH
185TH ST WIXONIA AVEITALY AVEÜ
THE PRESERVE PRELIMINARY PLATREZONING & VARIANCE
EXHIBIT B
22260 Dodd Blvd ● Lakeville, MN 55044 ● 952-469-4066
countryjoehomes.com
May 6, 2020
The Preserve Development Overview
The Preserve is a proposed single family residential development developed by Progressive,
LLC with home construction by Country Joe Homes.
The Preserve is proposed to have 89 lots constructed in 3 phases. The 1st Phase is proposed to
have 49 lots and be completed in the Fall of 2020. Exhibit A, below, defines the anticipated
phasing plan.
The Preserve will complete 190th Street West from the current location to County Road 50
along with 4 neighborhood roadway connections.
The Preserve will complete the City’s trail system from the Shady Oak Grove Greenway to the
Ipava Greenway including a portion that travels through a heavily wooded natural area.
Progressive, LLC discovered an uncontrolled fill area on a small isolated portion of the property
after having purchased the property.
More information regarding the items in this overview letter can be found at:
https://countryjoehomes.com/our-neighborhoods/the-preserve/
Best Regards,
Progressive, LLC
EXHIBIT C
EXHIBIT E
EXHIBIT F
Wetland ID Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre
A 615 0.01 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
B 10,023 0.23 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
C 6,766 0.16 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
D 552,630 12.69 0 0.00 0 0.00 5,074 0.12 0 0.00 5,074 0.12
F 2,892 0.07 615 0.01 0 0.00 2,277 0.05 0 0.00 2,892 0.07
I 25,459 0.58 0 0.00 0 0.00 0 0.00 630 0.01 630 0.01
J 41,514 0.95 20,758 0.48 0 0.00 0 0.00 0 0.00 20,758 0.48
K 13,759 0.32 460 0.01 0 0.00 622 0.01 1,493 0.03 2,575 0.06
L 16,168 0.37 0 0.00 0 0.00 6,810 0.16 0 0.00 6,810 0.16
M 13,530 0.31 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
N 14,903 0.34 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
O 2,667 0.06 2,667 0.06 0 0.00 0 0.00 0 0.00 2,667 0.06
Offsite CR 50 na na 9,926 0.23 0 0.00 0 0.00 0 0.00 9,926 0.23
Totals 700,926 16.09 34,426 0.79 0 0.00 14,783 0.34 2,123 0.04 51,332 1.19
Wetland Preservation Summary
190th Permanent 190th TemporaryTotal Area Development Permanent Development Temporary Total
Wetland Impact
EXHIBIT I
Wetland ID Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre
A 615 0.01 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
B 10,023 0.23 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
C 6,766 0.16 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
D 552,630 12.69 0 0.00 0 0.00 5,074 0.12 0 0.00 5,074 0.12
F 2,892 0.07 615 0.01 0 0.00 2,277 0.05 0 0.00 2,892 0.07
I 25,459 0.58 0 0.00 0 0.00 0 0.00 630 0.01 630 0.01
J 41,514 0.95 20,758 0.48 0 0.00 0 0.00 0 0.00 20,758 0.48
K 13,759 0.32 460 0.01 0 0.00 622 0.01 1,493 0.03 2,575 0.06
L 16,168 0.37 0 0.00 0 0.00 6,810 0.16 0 0.00 6,810 0.16
M 13,530 0.31 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
N 14,903 0.34 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
O 2,667 0.06 2,667 0.06 0 0.00 0 0.00 0 0.00 2,667 0.06
Offsite CR 50 na na 9,926 0.23 0 0.00 0 0.00 0 0.00 9,926 0.23
Totals 700,926 16.09 34,426 0.79 0 0.00 14,783 0.34 2,123 0.04 51,332 1.19
Wetland Preservation Summary
190th Permanent 190th TemporaryTotal Area Development Permanent Development Temporary Total
Wetland Impact
Wetland ID Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre
A 615 0.01 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
B 10,023 0.23 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
C 6,766 0.16 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
D 552,630 12.69 0 0.00 0 0.00 5,074 0.12 0 0.00 5,074 0.12
F 2,892 0.07 615 0.01 0 0.00 2,277 0.05 0 0.00 2,892 0.07
I 25,459 0.58 0 0.00 0 0.00 0 0.00 630 0.01 630 0.01
J 41,514 0.95 20,758 0.48 0 0.00 0 0.00 0 0.00 20,758 0.48
K 13,759 0.32 460 0.01 0 0.00 622 0.01 1,493 0.03 2,575 0.06
L 16,168 0.37 0 0.00 0 0.00 6,810 0.16 0 0.00 6,810 0.16
M 13,530 0.31 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
N 14,903 0.34 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
O 2,667 0.06 2,667 0.06 0 0.00 0 0.00 0 0.00 2,667 0.06
Offsite CR 50 na na 9,926 0.23 0 0.00 0 0.00 0 0.00 9,926 0.23
Totals 700,926 16.09 34,426 0.79 0 0.00 14,783 0.34 2,123 0.04 51,332 1.19
Wetland Preservation Summary
190th Permanent 190th TemporaryTotal Area Development Permanent Development Temporary Total
Wetland Impact
Wetland ID Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre Sq. Ft.Acre
A 615 0.01 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
B 10,023 0.23 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
C 6,766 0.16 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
D 552,630 12.69 0 0.00 0 0.00 5,074 0.12 0 0.00 5,074 0.12
F 2,892 0.07 615 0.01 0 0.00 2,277 0.05 0 0.00 2,892 0.07
I 25,459 0.58 0 0.00 0 0.00 0 0.00 630 0.01 630 0.01
J 41,514 0.95 20,758 0.48 0 0.00 0 0.00 0 0.00 20,758 0.48
K 13,759 0.32 460 0.01 0 0.00 622 0.01 1,493 0.03 2,575 0.06
L 16,168 0.37 0 0.00 0 0.00 6,810 0.16 0 0.00 6,810 0.16
M 13,530 0.31 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
N 14,903 0.34 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00
O 2,667 0.06 2,667 0.06 0 0.00 0 0.00 0 0.00 2,667 0.06
Offsite CR 50 na na 9,926 0.23 0 0.00 0 0.00 0 0.00 9,926 0.23
Totals 700,926 16.09 34,426 0.79 0 0.00 14,783 0.34 2,123 0.04 51,332 1.19
Wetland Preservation Summary
190th Permanent 190th TemporaryTotal Area Development Permanent Development Temporary Total
Wetland Impact
EXHIBIT K
;,r"' I 1/ ,#< 1/
1
. / I / ,,, 1/ I _./ ---
I (
/ if I I � ,/
�:;
2638
,,..,...,'--,jil:':--i� ;,i"""''i/'--r,-.,------.<"O,-,l-''"""-C...:.:.::'----____..;\'-r,;�-----1
2718
-.
R 2 2 MH18
2 • 'Z.6 69� ~ :�� 26JJ .. � I ----lf"R2632 TR25:J
cc,l:� 26 107�· � ,, R 2631 � J'. '�l"I.
:; :�65
r 4/;
�
'"
1r 2;
7
.c
5 r4 no .
w1 ·""i"---H
/
306
< -�-
(
1 T:
X(:�3 6 f· 24:JJ � ti�,,�: i 238 � . c-«J < • -;�1 '� �4 2s O ,,'-''F''=✓ GF�
1r'
i... �,J/!!
----
,'ll,,;---1076--,-.=---;-,,----,
3 J
}�2402 ~· j 1 LF 1081:1..L/
/
I
598 ---7 I •· 'f'I 0, 355 I ' --,
F 10
----------------
-----. FIELD LOCATED
TRAIL ALIGNMENT 4/28/20
/J4
I I
i
j
\
1R
EXHIBIT L
EXHBIIT M
City of Lakeville
Planning Department
Memorandum
TO: Planning Commission
FROM: Frank Dempsey, AICP, Associate Planner
DATE: June 20, 2019
SUBJECT: The Preserve Neighborhood Meeting Notes
On June 19, 2019, Progressive, LLC representatives hosted a neighborhood meeting for
the proposed development of The Preserve, an 80 acre, 90 single family lot development
located north of Kenwood Trail and west of 188th and 190th Streets. Approximately 30
residents were in attendance. Planning Department and Engineering Division staff were
in attendance. The open house meeting was held between 5:30 PM and 7:00 PM at the
Water Treatment Facility.
The meeting was attended by the following individuals:
•Joey Miller, representing Progressive, LLC
•Steve Sauber, representing Progressive, LLC
•Bob Wiegert, Progress Land Co.
•John Bertelson, Progress Land Co.
•Frank Dempsey, Associate Planner
•MacCafferty, Environmental Resources Manager
o Access and controls for construction traffic. Miller stated they will use the
existing driveway access from Kenwood Trail as much as is feasible and no other
alternative is available due to soil/weather conditions.
EXHIBIT N
o Owners of the property west of 18861 Javelin Way questioned the lack of
significant trees on the tree survey within the proposed lot east of their property.
o Removal of temporary cul-de-sacs
o Possibility of Park locations (pods in greenway)
o Differences between the sketch plan and the preliminary plat
o Wetland impacts
o Questions about wetland delineation west of 18905 IRVONA AVE
The meeting adjourned at 7:00 PM
Dakota County Surveyor’s Office
Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124
952.891-7087 Fax 952.891-7127 www.co.dakota.mn.us
June 25, 2019
City of Lakeville
20195 Holyoke Ave.
Lakeville, MN 55044
Re: THE PRESERVE
The Dakota County Plat Commission met on June 24, 2019, to consider the preliminary plat of the above
referenced plat. The plat is adjacent to CSAH 50 (Kenwood Ave.), and is therefore subject to the Dakota
County Contiguous Plat Ordinance.
Lakeville staff, Frank Dempsey, provided an overview of the preliminary plat. The preliminary plat showed a
connection of 190th Street to CSAH 50. The plat also showed numerous local street connections, including a
connection through the extension of Ixonia Street to the north, and eventually connecting to CSAH 60. A
small parcel of land located at the connection of 190th Street and CSAH 50 is already County ROW and may
not need to be dedicated.
The Plat Commission has approved the preliminary plat. The Ordinance requires submittal of a final plat for
review by the Plat Commission before a recommendation is made to the County Board of Commissioners.
Traffic volumes on CSAH 50 are 18,600 ADT and are anticipated to be 27,000 ADT by the year 2030. These
traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for
the proposed plat. Residential developments along County highways commonly result in noise complaints.
In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial
building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this
development.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the County
Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of
proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to
restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat
Commission highly recommends early contact with the Transportation Department to discuss the permitting
process which reviews the design and may require construction of highway improvements, including, but not
limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please
contact Butch McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat
Commission or Plat Ordinance questions at (952) 891-7070.
Sincerely,
Todd B. Tollefson
Secretary, Plat Commission
c:
EXHIBIT O
EXHIBIT T
City of Lakeville
Public Works – Engineering Division
Memorandum
To: Frank Dempsey, Associate Planner
From: Alex Jordan, Assistant City 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
Daryl Morey, Planning Director
Date: May 13, 2020
Subject: The Preserve
• Preliminary Plat Review
• Preliminary Grading and Erosion Control Plan Review
• Preliminary Utility Plan Review
• Preliminary Tree Preservation Review
BBAACCKKGGRROOUUNNDD
Progressive, LLC has submitted a preliminary plat named The Preserve. The proposed
subdivision is located east of and adjacent to Kenwood Trail (CSAH 50), north of and adjacent
to The Greenway 1st, 3rd and 4th Additions, west of Ipava Avenue and south of 185th Street (CR
60). The parent parcels consist of four metes and bounds parcels (PID Nos. 220180060011,
220180060012, 224410000042 and 220190027012), zoned RS-2 (Single Density Residential).
The Developer has requested an application to re-zone the property to RS-3 (Single Family
Residential) with the preliminary plat.
The preliminary plat consists of eighty-nine (89) single-family lots within eleven (11) blocks,
and five (5) outlots on 81.92 acres. The Developer is dedicating 6.16 acres as 190th Street right-
of-way.
The outlots created with the preliminary plat shall have the following uses:
TTHHEE PPRREESSEERR VVEE –– PPRREELLIIMMIINNAARRYY PPLLAATT
MMAAYY 1133,, 22002200
PPAAGGEE 22 OOFF 88
Outlot A: Wetland and buffers; to be deeded to the City (0.39 acres)
Outlot B: Wetland and buffers and water quality corridor; to be deeded to the City (1.98
acres)
Outlot C: Wetland and buffers, stormwater management basins and water quality
corridor; to be deed to the City (17.16 acres)
Outlot D: Wetland and buffers, stormwater management basins and greenway corridor
trail; to be deed to the City (11.60 acres)
Outlot E: Wetland and buffers, parkland preserve and greenway corridor trail; to be deed
to the City (5.94 acres)
The proposed development will be completed by:
Developer: Progressive, LLC
Engineer/Surveyor: Paramount Engineering/Bohlen Surveying & Associates
SSIITTEE CCOONNDDIITTIIOONNSS
The Preserve site is vacant land containing several delineated wetlands, significant trees and
drainageways. The property is bisected by two drainageways draining from the north t o the
southeast and southwest. An existing building (homestead) and accessory buildings were
located on one of the parent parcels, and were demolished in 2019. During the building
demolition, various su rficial dump sites were discovered on the property. The Developer hired
Wenck Associates, Inc. to prepare an investigation work plan on the property to evaluate the
site conditions and determine its feasibility for development. The work plan included soil,
groundwater and soil vapor sampling activit ies within the site after the discovery of the
buried debris. The deepest depth of debris extended to approximately 11 feet below grade. A
summary of the current environmental information and proposed environmental activities
has been submitted to the City. Based on the results of the study, a Response Action Plan
(RAP) will be prepared and submitted to the MPCA for review and approval. The development
improvements must be completed in accordance with the recommendations identified in the
RAP.
The Developer shall remove all existing site en croachments, buildings, septic systems,
overhead utilities, retaining walls, driveways, fences and abandon existing wells on the parent
parcels. A security will be required with the final plat for the removal of the existing
improvements on the site.
EEAASSEEMMEENNTTSS
The following public easement in favor of Dakota County will remain:
• Highway Easements per Document Nos. 316365 and 781589
The following temporary public easements will expire upon recording of the future final plats
and removal of the temporary cul-de-sacs:
• Temporary Turnaround Easement, per Document No. 525372
• Temporary Turnaround Easement, per Document No. 751283
TTHHEE PPRREESSEERR VVEE –– PPRREELLIIMMIINNAARRYY PPLLAATT
MMAAYY 1133,, 22002200
PPAAGGEE 33 OOFF 88
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT
Kenwood Trail (CSAH 50)
The Preserve is located east of and adjacent to Kenwood Trail, a minor arterial County
highway, as identified in the City’s Transportation Plan. Kenwood Trail is currently constructed
as a four-lane divided rural roadway with an urban center median and trails along both sides
of the road. The current Dakota County Plat Review Needs Map indicates a half right-of-way
requirement of 75-feet and designates this roadway as a future four-lane divided urban
roadway over its entire length adjacent to the plat. The Developer is dedicating the necessary
right-of-way as shown on the preliminary plat. The preliminary plat was reviewed and
recommended for approval by the Dakota County Plat Commission at their June 24, 2019
meeting.
190th Street
The Preserve includes the construction of 190th Street from Kenwood Trail to its existing
terminus east of the plat boundary. 190th Street is a major collector roadway as identified in
the City’s Transportation Plan. 190th Street will provide a full access to Kenwood Trail and will
provide a roadway connection for existing residential neighborhoods to the east and south.
190th Street is designed as a 40-foot wide two-lane urban roadway within 100 feet of right-of-
way. Pedestrian facilities will be constructed along the north and south sides of the roadway.
The roadway and drainage design must meet MnDOT State Aid requirements, which will be
reviewed with the final construction plans. The intersection design at Kenwood Trail was
determined with the CSAH 50 improvement project (City Project 14-10). The Developer shall
construct the necessary turn lanes to align with the intersection configuration.
190th Street must be extended and provide a roadway connection to Kenwood Trail with
either Phase 2 of the development or by November 1, 2021 (whichever is sooner). The
Developer shall dedicate the full right -of-way for 190th Street with the first phase final plat.
The Developer shall remove all buried debris and fill within the 190th Street right-of-way and
roadway embankment prior to the construction of 190th Street. The Developer shall submit
verification and record of the debris removal with the future improvements.
The Developer shall remove the existing temporary cul-de-sac and restore the right-of-way at
the existing terminus of 190th Street east of the plat boundary.
A no parking resolution will be required with the final plat banning parking along 190th Street
adjacent to the plat boundary.
Ixonia Avenue
The Preserve includes the construction of Ixonia Avenue, a minor collector roadway as
identified in the City’s Transportation Plan. Ixonia Avenue will be designed as a 36-foot wide
two-lane undivided urban roadway and 5-foot wide concrete sidewalks along both sides of
the roadway within 80 -feet of right-of-way. The Developer must extend Ixonia Avenue to the
north plat boundary, which will provide roadway access for the adjacent property. Future
TTHHEE PPRREESSEERR VVEE –– PPRREELLIIMMIINNAARRYY PPLLAATT
MMAAYY 1133,, 22002200
PPAAGGEE 44 OOFF 88
street extension signs and barricades must be installed at the north end of Ixonia Avenue
until the roadway is extended north in the future.
Inndale Drive and Javelin Way
Development of The Preserve includes the construction and extension of Inndale Drive and
Javelin Way, both local streets. Inndale Drive and Javelin Way are designed as 32-foot wide
urban roadways with 5-foot sidewalks along one sides of the street. The roadways will provide
full accesses to 190 th Street. The Developer shall remove the temporary cul-de-sacs for the
roadway extensions and restore the temporary easement areas with the final plat
improvements.
Javelin Path and 188th Street
Development of The Preserve includes the construction and extension of Javelin Path and
188th Street, both local streets. Javelin Path and 188th Street are designed as 32-foot wide
urban roadways with 5-foot sidewalks along one side of the street. The Developer shall
remove the temporary cul-de-sacs for the roadway extensions and restore the temporary
easement areas with the final plat improvements.
Javelin Court, 188th Court and Ivorra Court
Development of The Preserve includes the construction of Javelin Court, 188th Court and
Ivorra Court all local cul-de-sac roadways. The cul -de-sac streets are designed as 32-foot wide
urban roadways within 60-feet of right -of-way.
Iteri Avenue
Development of The Preserve includes the construction and extension of Iteri Avenue, a local
roadway. Iteri Avenue will be extended north for the construction of a permanent cul-de-sac
on the parent parcels. The Developer shall remove the existing temporary cul-de-sac and
restore the driveways and easement areas following the removal of the temporary cul-de-sac.
The Developer is responsible for obtaining any right-of-way necessary for the roadway
extension.
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress for grading, utility and street construction will be
determined with each phase of construction. Access to the existing adjacent local roadways
shall be limited as much as feasible for the development construction.
PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS
The City’s Parks, Trails and Open Space Plan plans for the extension of a greenway corridor
trail through the parent parcels linking the Ipava Greenway to the Shady Oak Grove
Greenway corridors. The Park Dedication requirement has not been collected on the parent
parcels and shall be satisfied through land dedication and a cash contribution with the final
plat. The total park area required with the preliminary plat is 7.27 acres, which is calculated as
12% of the net area of the property (excluding major collector right-of-way and wetlands to
remain) estimated as follows:
TTHHEE PPRREESSEERR VVEE –– PPRREELLIIMMIINNAARRYY PPLLAATT
MMAAYY 1133,, 22002200
PPAAGGEE 55 OOFF 88
Gross Area of Preliminary Plat 81.92 Acres
Less 190th Street Right-of-way
Less wetlands to remain
6.16
15.19
Acres
Acres
Total Buildable Area 60.57 Acres
Land Dedication Requirement (12%) 7.27 Acres
The total park area estimated to be dedicated within the preliminary plat is 4.95 acres. This
satisfies an estimated 68.09% or 60.6 lots of the required park dedication for the preliminary
plat. The estimated park dedication requirement for the remaining 31.91% or 28.4 lots will be
required to be paid with cash with the final plat. Only area outside of wetlands, wetland
buffers and stormwater basins will be credited or compensated for park dedication purposes.
The final amount of park land to be dedicated will be calculated with the first phase final plat.
Development of The Preserve includes the construction of public trails and sidewalks. 5-foot
wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all
local streets except for the Javelin Court, 188th Court and Ivorra Court cul-de-sacs. Pedestrian
facilities will be constructed along both sides of 190th Street (to be determined with final plat).
The Developer shall construct bituminous trails within Outlots D and E connecting the
existing greenway trail systems north and south of the plat. In order to connect to the existing
facilities, the trails will need to be extended outside of the plat boundary onto Outlot B, The
Greenway 1st Addition (City owned), Outlot C, Shady Oak Grove (City owned) and PID No.
220180080010 (Sullivan). The City has been conversations with Sullivan for acquisition of an
easement on the property for construction of the trail outside of the plat boundary (City cost).
The City will provide the Developer a credit to its Park Dedication Fees for the cost of the trail
construction (excluding grading and restoration) within Outlots D and E and outside of the
plat boundary with the final plat. If bituminous trails are constructed along 190th Street, the
City will credit the Developer’s final plat cash fees for the City’s 3/8th share (excluding grading
and restoration) of the trail construction costs.
The City will further evaluate a safe trail crossing location and design across 190th Street for
the connection of the trail system with the first phase final plat.
UUTTIILLIITTIIEESS
SSAANNIITTAARRYY SSEEWWEERR
The Preserve is located within subdistricts ML-72200, ML-72340 and ML-70360 of the Marion
Lake sanitary sewer district as identified in the City’s Sewer Plan.
The wastewater from the development will be conveyed via existing trunk sanitary sewer to
the MCES Elko/New Market Interceptor and continue to the Empire Wastewater Treatment
Facility. The Developer shall extend sanitary sewer to the north plat boundary at Ixonia
Avenue, consistent with the Sewer Plan.
TTHHEE PPRREESSEERR VVEE –– PPRREELLIIMMIINNAARRYY PPLLAATT
MMAAYY 1133,, 22002200
PPAAGGEE 66 OOFF 88
The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall
be paid with the final plat . The fee will be based on the current rate in effect at the time of
final plat approval.
WWAATTEERRMMAAIINN
Development of The Preserve includes the extension of public watermain. Watermain will be
extended within the development to provide water service to the subdivision. The Developer
shall extend watermain from Kenwood Trail to the site, to provide a looped distribution
system for the development. The City will provide the Developer a credit for the watermain
construction outside of the plat boundary with the final plat. Additionally, the Developer shall
construct watermain between Ixonia Avenue and Javelin Way along 190th Street to connect
the City’s distribution system, consistent with the City’s subdivision ordinance requirements.
OOVVEERRHHEEAADD LLIINNEESS
Overhead electric lines and poles are located within the site on the parent parcels. The
Developer is required to remove the overhead lines and poles with the final plat, consistent
with the City’s Public Ways and Property Ordinance.
DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
The Preserve is located within subdistricts ML-006 of the Marion Lake stormwater district and
SC-171, SC-146, SC-151 and SC-145 of the South Creek stormwater district as identified in the
City’s Water Resources Management Plan.
Development of The Preserve includes the construction of public stormwater management
basins to collect and treat the stormwater runoff generated from the site. The basins will
provide water quality treatment and rate control of the stormwater runoff generated from the
subdivision. Due to the high elevation of groundwater and in-situ clay soils, infiltration is not
feasible in the majority of the development. Water quality will be provided through wet
sedimentation basins and secondary treatment via onsite wetlands.
The stormwater management basins will be located within Outlots C and D which will be
deeded to the City with the final plat. The stormwater basin designs include an aquatic safety
bench and shall include a skimming device designed for the 10-year event, consistent with
City requirements.
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.
The Preserve 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
TTHHEE PPRREESSEERR VVEE –– PPRREELLIIMMIINNAARRYY PPLLAATT
MMAAYY 1133,, 22002200
PPAAGGEE 77 OOFF 88
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 The Preserve 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 basins located within Outlots C and D.
Draintile construction is required in areas of non-granular soils within The Preserve for the
street sub-cuts and lots. Any addit ional 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.
The Trunk Storm Sewer Area Charge has n ot been collected on the parent parcels and must
be paid with The Preserve final plat. The Developer will receive a credit to the Trunk Storm
Sewer Area Charge for deeding the portions of Outlots A, B, C, D and E not reimbursed for
park dedication, calculated at $5,500/acre consistent with City policy. The reimbursement will
be calculated with the final plat.
RREESSIIDDEENNTTIIAALL BBUUFFFFEERR YYAARRDD RREEQQUUIIRREEMMEENNTTSS
190th Street is a major collector roadway as identified in the City’s Transportation Plan. A
buffer yard containing earth berms and/or plantings of a sufficient density to provide a visual
screen and a reasonable buffer a minimum of ten feet in height shall be provided adjacent to
190th Street consistent with the Zoning Ordinance. A certified as-built grading plan of the
buffer yard berm must be submitted and approved by City staff prior to the installation of any
buffer yard plantings.
FEMA FLOODPLAIN ANALYSIS
The Preserve is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal
Emergency Management Agency (FEMA). Based on this designation, there are no areas in the
plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA.
WETLANDS
The wetland delineation for the site was approved on October 16, 2019. The wetland
delineation was completed by Midwest Natural Resources. The wetland delineation
identified 12 of wetlands on the site totaling 16.09 acres. Based on the information provided
in the report dated 9/24/2019 and site visit by BWSR and City staff, the wetland delineation
for the area outlined in the report has been determined to be acceptable for use in
implementing the Wetland Conservation Act.
TTHHEE PPRREESSEERR VVEE –– PPRREELLIIMMIINNAARRYY PPLLAATT
MMAAYY 1133,, 22002200
PPAAGGEE 88 OOFF 88
A replacement plan was submitted and send out for review and comment to local, state and
federal agencies. The replacement plan identifies a total of 1.13 acres of wetland impacts,
0.79 acres of road impacts, and 0.34 acres of permanent development related impacts. No
adverse comments were received during the comment period. The wetland replacement plan
was approved on 04/07/2020. The Developer is in the process of purchasing the required
2.26 acres of wetland banking credits.
All wetlands, wetland buffers, stormwater treatment basins and natural areas will be placed in
City owned outlots. Natural Area signs will be placed along adjacent property lines and will
be installed by the developer.
TREE PRESERVATION
The plan identifies 3,756 total trees on site and proposes to save 1,543 trees (41%). Prior to
removals the tree protection or silt fence line must be staked and reviewed by City Staff in the
field. Minor changes may result in additional removals or saves based on location or condition
of the tree.
EROSION CONTROL
The Developer is responsible for meeting all the requirements of the MPCA Construction
Permit. The Developer must obtain permit coverage prior to construction. Redundant silt
fence is required along all wetlands that do not have a 50-foot buffer. The location of the silt
fence will be staked in the field and reviewed by city staff prior to installation.
The Developer is responsible for the establishment of native vegetation around all
stormwater treatment basins and any disturbed areas within Outlots. A management plan
including a schedule for maintenance must be submitted to the City for review once seeding
is completed.
Additional erosion control measures may be required during construction as deemed
necessary by City staff. Any additional measures required shall be installed and maintained
by the developer.
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the preliminary plat, grading and erosion control plan,
utility plan and tree preservation plan for The Preserve, subject to the requirements and
stipulations within this report.
From:Sarah Magnuson
To:Dempsey, Frank
Subject:Preserve meeting
Date:Thursday, May 21, 2020 6:32:32 PM
Hello Frank,
We are unable to join the planning commission meeting scheduled for 6pm tonight re: The
Preserve neighborhood. The phone #, cable TV channel 187 and website all are not working...
We live at 19020 Ireton Way so back up to the dead end cul-de-sac on 190th. Our main
concern at this point is the speed limit on 190th. When we went to the open house last year it
was shared that the speed limit would be 45mph. That is ridiculous! This is a family friendly
neighborhood with kids running back and forth between the Trevar and Spring Hill
neighborhoods constantly. I hope the speed limit is reconsidered to take into consideration
the residential area surrounding 190th.
thanks,
Sarah Magnuson
From:Dempsey, Frank
To:Paul Balhorn
Subject:RE: Public Hearing - Variance for The Preserve 2.
Date:Wednesday, May 20, 2020 10:15:00 AM
Attachments:image001.png
Good morning Mr. Balhorn,
Thank you for the questions and concerns you raise regarding the proposed The Preserve single family home development located
on the 82 acres north of your property. I would like to provide your email to the Planning Commission at the Thursday, May 21st
public hearing. You raise good questions, some of which were addressed in the planning report to the Planning Commission (link to
agenda and report is below) and worth noting as part of the public input process for the proposed project.
The property that includes the proposed The Preserve development is the last large remaining tract of residentially zoned property in
the center of Lakeville. The Greenway neighborhood was developed between 2001 and 2011 and included approximately 174 lots
over 116 acres resulting in a gross density of 1.5 lots per acre. The Preserve proposed 89 lots over 82 acres, a density of 1.08 lots per
acre. Both of these densities are very low in comparison with lots more commonly developed today under RS-4 zoning, resulting in
2-3 units per acre. The developer of The Preserve will deed 37 of the 82 acres to the city for permanent open space and/or park and
walking/bike trail purposes.
Attached below is a zoning map from year 2000, one year prior to The Greenway, Ipava Avenue, Stone Ridge, Spring Hill, and Shady
Oak Grove beginning development. All properties for these developments were zoned RS-2 (or equivalent at the time), including
The Greenway. Each of these developments included a request by their developers to rezone the properties from RS-2 (minimum
15,000 square foot lots) to RS-3 (11,000 square foot lots) as each project was proposed. This trend has continued since the last
housing depression in 2008-2012 as the market for 15,000 square foot lots has softened. The developer of The Preserve did request
city support to rezone their property to RS-4 (8,400 sf lots), but Planning Department staff did not express support for that density as
it was inconsistent with the area neighborhoods.
The development of The Greenway 1st and 2nd Additions included the construction of 190th Street as a major collector road to serve
the neighborhoods in this area between Ipava Avenue and Kenwood Trail (CR 50). 190th Street has been a planned east-west major
collector road in the Transportation Plan prior to these neighborhoods being developed.
The Greenway neighborhood includes streets with temporary cul-de-sacs that are to be extended to 190th Street. The temporary
cul-de-sac at Inndale will be removed and extended as part of The Preserve development consistent with the approval of The
Greenway. Providing neighborhood connections to collector roads and providing interconnect neighborhoods is included in all
residential of the city’s developments as guided in the Comprehensive Plan.
The link to the Planning Commission agenda is attached below. Click on the agenda item for The Preserve and that will open the
entire report under consideration for the project.
I will be presenting the report to the Planning Commission at the public hearing. I will provide a copy of your email/questions to the
Planning Commission.
Sincerely,
From: Paul Balhorn <paul.balhorn@gmail.com>
Sent: Tuesday, May 19, 2020 5:23 PM
To: Dempsey, Frank <fdempsey@lakevillemn.gov>
Subject: Public Hearing - Variance for The Preserve 2.
Hi Mr Frank Dempsey -- I am a homeowner directly impacted by the proposed development and
rezoning next to my house. My address is 19017 Inndale Drive. I have multiple concerns with the
proposed zoning change and plat design. Here are a few of my concerns/questions:
- Connecting Inndale Drive to 190th will send increased and unnecessary volume of traffic down
Inndale Drive. People, especially high school students, will take their first exit option to shortcut to
Ipava rather than proceeding to the 190th/Ipava intersection. This increased traffic will also be
higher speed than acceptable on residential streets when non-neighborhood vehicles cruise down
the road. Your own traffic studies elsewhere should validate my concern.
- Allowing reduced lot sizes next to my property will change the feel of the neighborhood and
negatively impact property values. Why would you allow so many houses to be packed into such a
small space? Obviously, the City and Developer are only after tax dollars and profit. Why not install
a culdesac at the end of Inndale with four larger lots like the layout for the adjacent section to the
east? This would eliminate the Inndale traffic concern and provide higher tax revenue due to larger
home/property size.
- Installing a culdesac would better preserve the environmental aspect of the greenway by reducing
the building footprint from five to four homes and having more wetlands.
- The neighboring homes are on decent sized lots. Why would the City of Lakeville want significantly
smaller lots other than for money? What is the rationale for the rezoning request?
- Again, if the desire is for 190th to be a collector/distributor, then why allow an exit onto a
residential street that is an easy shortcut to the main road (Ipava)?
Please reply with your response prior to the Public Hearing.
Thank you,
Paul
Paul M. Balhorn
19017 Inndale Drive
Lakeville, MN 55044
612-594-4493
From:Dempsey, Frank
To:Nicole Lee
Subject:RE: The Preserve development questions
Date:Friday, May 22, 2020 8:15:00 AM
Attachments:image001.png
image002.png
image003.png
Good morning Nichole,
The tree preservation plan shows 9 tree on Lot 13 that are to be saved from grading and development. I would expect the brush will
be cleared to make for a usable rear yard, however, that is up to the developer whether to remove any brush or small trees not
counted as “save” trees on the preservation plan. Once the property is sold, the new owner is not obligated to the tree preservation
plan and can remove any of the trees on the property.
The work on the property with the tree preservation will be similar to what was done with The Greenway properties in 2002; see
below:
On the grading plan below, you can see the house/building pad can be as close as thirty feet, similar to the homes in The Greenway.
This creates a minimum 60 foot building separation in the year yards.
The developer has indicated that grading on the site will commence as soon as possible after June 1st if the preliminary plat plans
are approved by the City Council on that date.
Have a good Memorial Day weekend.
Sincerely,
Frank Dempsey
Associate Planner
From: Nicole Lee <njhba11@gmail.com>
Sent: Thursday, May 21, 2020 9:12 PM
To: Dempsey, Frank <fdempsey@lakevillemn.gov>
Subject: Re: The Preserve development questions
Hi Frank-
I appreciate you taking the time to answer all of my questions. I have come up with a few more...
Will there be a buffer of trees/low lying trees between the properties or will everything be wiped out with the exception of
the trees that are marked?
How far back from our property line will the back of the new home be?
Thanks again for taking the time to address my questions.
Nicki
Sent from my iPad
On May 21, 2020, at 8:57 AM, Dempsey, Frank <fdempsey@lakevillemn.gov> wrote:
Good morning Nicole,
Your email with questions will be given to the Planning Commission for tonight's
meeting. While I am not the person to address all six of your questions, I can respond
to some.
Sincerely,
<image785394.png>
Frank Dempsey
AICP, Associate Planner, City of Lakeville
<image121958.png> 952-985-4423 |<image989699.png> www.lakevillemn.gov
<image798274.png> 20195 Holyoke Avenue , Lakeville , MN , 55044
<image798685.png>952-985-4499
-----Original Message-----
From: Nicole Lee <njhba11@gmail.com>
Sent: Wednesday, May 20, 2020 9:22 PM
To: Dempsey, Frank <fdempsey@lakevillemn.gov>
Subject: The Preserve development questions
Hi I would like a few questions I have addressed in regards to The Preserve
development.
1. What will be the price point of these homes?
This will be determined by the developer who should be able to answer your
question. I expect they will be similar in range to the three neighborhoods that
about the property if other similar residential developments in Lakeville is an
indication.
2. What schools will this development be zoned for?
The school district (ISD 194) in the entity that establishes school attendance
boundaries. ISD 194 was provided a copy of the preliminary plat plan and the
public hearing notice.
3. Why are the lots being made smaller now versus larger lots which were originally
planned?
The two The Greenway neighborhoods surrounding The Preserve property were
zoned RS-2 (or equivalent at the time) which is the current zoning of the
property. The developers of The Greenway, Stone Ridge and Spring Hill each
included a request by the developers to rezone the properties from RS-2
(minimum 15,000 square foot lots) to RS-3 (11,000 square foot lots) as each
project was proposed. This trend has continued since the last economic/housing
depression in 2008-2012 as the market for 15,000 square foot lots has softened.
The developer of The Preserve did request city support to rezone their property
to RS-4 (8,400 sf lots), but Planning Department staff did not express support for
that density as it was inconsistent with the area neighborhoods.
4. When will construction of roads, etc begin?
Road and lot construction would develop in three phases beginning on the east
end extending 190th Street to the west. The second phase would extend 190th
Street to Kenwood Trail.
5. What will be the speed limit on 190th? This a BIG concern as there are many kids in
the neighborhood and currently the speed limit is 30mph which is reasonable.
The 30 mph of 190th Street may increase as 190th Street is completed. There will
be no driveways or parking allowed on 190th Street. Speed limits on 190th Street
east of Dodd Boulevard to Highview Avenue is 45 mph. Assistant City Engineer
Alex Jordan will be present to address this question.
6. What are the risks to people since soil contamination was found? Is the affecting our
drinking water?
According to the studies and reports provided to the Minnesota Pollution Control
Agency, there is not indication of contamination to the City’s drinking water. The
developer has submitted information to the MPCA which is the agency that will
approve the clean-up plan for the soil contamination and materials discovered on
the property. The developer’s consultant that oversaw the study and that will be
working with the MPCA on the clean-up plan will be in attendance at tonight’s
meeting to answer any specific questions.
Lastly, I am incredibly disappointed that this land is being allowed to be developed. The
amount of trees/wildlife etc that is being destroyed is beyond sad. I myself as well as
many neighbors were hoping the city would step in and turn this land into a preserve.
We have enough houses in this community and I’m beginning to question the city’s
intentions with all this home building occurring.
The property that includes the proposed The Preserve development is the last
large remaining tract of residentially zoned property in the center of Lakeville and
has been planned for single family home development since around 1970. The
Greenway neighborhood was developed between 2001 and 2011 and included
approximately 174 lots over 116 acres. The proposed density of development of
The preserve is significantly lower than The Greenway neighborhood. The
developer of The Preserve will deed 37 of the 82 acres (45%) to the city for
permanent open space and/or park and walking/bike trail purposes.
Thank you for your contribution and questions.
Sincerely,
Frank Dempsey, Associate Planner
Nicki
Sent from my iPad
Disclaimer
The information contained in this communication from the sender is confidential. It is intended
solely for use by the recipient and others authorized to receive it. If you are not the recipient,
you are hereby notified that any disclosure, copying, distribution or taking action in relation of
the contents of this information is strictly prohibited and may be unlawful.
This email has been scanned for viruses and malware.
From:Hugh S
To:Dempsey, Frank
Subject:Re: The Preserve
Date:Saturday, May 9, 2020 9:43:39 AM
Attachments:image002.png
image003.png
image004.png
image005.png
image006.png
image008.png
image009.png
image010.png
image011.png
image012.png
image013.png
image014.png
image091455.png
image602542.png
image228289.png
image206895.png
image090428.png
image.png
Hello Frank
Looks like Country Joe is finally getting this project off the ground and has a hearing scheduled
for 5/21.
I would like to add the following questions to be addressed during or prior to the hearing...
1) Looking at the drawings you sent in March I could not determine the phases or timing of
each phase. While I know timing can vary, is the drawing provided on the Country Joe site
(copy is below) the phases they plan to build? When is each phase expected to begin?
2) What is the plan for building new roads for each phase including 190th St? More
specifically, what roads will be available and used for accessing each phase during
construction? Their website states "The Preserve will complete 190th Street West from the
current location to County Road 50 along with 4 neighborhood roadway connections.", but it
does not state when. I am mostly interested in timing of extending Javelin Way to 190th St.
3) Who will be responsible for removing the asphalt currently used as a cul-de-sac from my
property (18826 Javelin Way)? What is the scope of their responsibility? Does it include
tearing it up, removal, grading (as its currently graded at an angle to the roadway), and laying
sod?
4) Once approval is received from the city, what is required to change the plat/plan? Can they
change use of land, lot layout, etc?
5) What does this mean "Progressive, LLC discovered an uncontrolled fill area on a small
isolated portion of the property after having purchased the property."? Do they have to
resolve the issue before receiving approval? I assume this summary found on the Country Joe
site is related to this statement...https://countryjoehomes.com/wp-
content/uploads/2020/05/The-Preserve-Wenck-Executive-Summary.pdf.
6) Looking at the tree preservation plan, will anything not marked (other trees, buckthorn, etc)
be removed?
Thanks
Hugh
From: Dempsey, Frank <fdempsey@lakevillemn.gov>
Sent: Monday, March 16, 2020 8:05 AM
To: Hugh S <reachhugh@hotmail.com>
Cc: Jordan, Alex <ajordan@lakevillemn.gov>
Subject: RE: The Preserve
Anticipating a late April public hearing
Frank Dempsey
AICP, Associate Planner , City of Lakeville
952-985-4423 |www.lakevillemn.gov
20195 Holyoke Avenue, Lakeville, MN, 55044
952-985-4499
From: Hugh S <reachhugh@hotmail.com>
Sent: Sunday, March 15, 2020 6:46 PM
To: Dempsey, Frank <fdempsey@lakevillemn.gov>
Cc: Jordan, Alex <ajordan@lakevillemn.gov>
Subject: Re: The Preserve
Hello - Country Joe sent the latest preliminary plat, but its a pretty low grade image and not
easy to read. Can you send what has been submitted? Looks like they flipped the phase 1 and
phase 2 and may have made changes to wetlands/outlots.
Thanks
Hugh
From: Dempsey, Frank <fdempsey@lakevillemn.gov>
Sent: Thursday, February 6, 2020 10:37 AM
To: Hugh S <reachhugh@hotmail.com>
Cc: Jordan, Alex <ajordan@lakevillemn.gov>
Subject: RE: The Preserve
Hugh, my understanding from the developer is that perhaps in the next couple of months they will be ready to move forward with
the public hearing for the preliminary plat/rezoning.
Frank
Frank Dempsey
AICP, Associate Planner, City of Lakeville
952-985-4423 |lakevillemn.gov www.lakevillemn.gov
maps.google.com 20195 Holyoke Avenue , Lakeville , MN , 55044
952-985-4499
From: Hugh S <reachhugh@hotmail.com>
Sent: Thursday, February 6, 2020 10:33 AM
To: Dempsey, Frank <fdempsey@lakevillemn.gov>
Cc: Jordan, Alex <ajordan@lakevillemn.gov>
Subject: Re: The Preserve
Hello Frank
Any news on the preserve plans, assessments, or working out environmental or water issues? I’ve
been watching city communications for any mention of it... haven’t seen anything.
Thanks
Hugh
From: Dempsey, Frank <fdempsey@lakevillemn.gov>
Sent: Monday, November 25, 2019 8:15:34 AM
To: Hugh S <reachhugh@hotmail.com>
Cc: Jordan, Alex <ajordan@lakevillemn.gov>
Subject: RE: The Preserve
Good morning Hugh,
The developer has not yet submitted revised preliminary plat plans for city review. The developer has informed us that further
environmental reviews are continuing prior to submittal of the preliminary plat. We may know more about their plans and their
findings of their environmental assessment as well as their schedule to move forward sometime toward the end of next week.
Regards,
Frank Dempsey
Associate Planner
Frank Dempsey
AICP, Associate Planner, City of Lakeville
952-985-4423 |lakevillemn.gov www.lakevillemn.gov
maps.google.com 20195 Holyoke Avenue , Lakeville , MN , 55044
952-985-4499
From: Hugh S <reachhugh@hotmail.com>
Sent: Friday, November 22, 2019 5:26 PM
To: Jordan, Alex <ajordan@lakevillemn.gov>; Dempsey, Frank <fdempsey@lakevillemn.gov>
Cc: Cafferty, McKenzie <mcafferty@lakevillemn.gov>
Subject: Re: The Preserve
Hello
Its been a couple months. Anything new with the preserve development? Is there a prelim
plan...or getting closer to it?
Thanks
From: Jordan, Alex <ajordan@lakevillemn.gov>
Sent: Thursday, September 19, 2019 11:46 AM
To: Hugh S <reachhugh@hotmail.com>; Dempsey, Frank <fdempsey@lakevillemn.gov>
Cc: Cafferty, McKenzie <mcafferty@lakevillemn.gov>
Subject: RE: The Preserve
No updates at this point. The City is currently reviewing the development application and stormwater management plan. We are
aware of the work going on – the Developer is excavating test pits to determine groundwater elevations to aid in the design of the
site.
Alex
Alex Jordan , P.E.
Assistant City Engineer, City of Lakeville
952-985-4503 |lakevillemn.gov www.lakevillemn.gov
maps.google.com 20195 Holyoke Avenue , Lakeville , MN , 55044
952-985-4499
The information contained in this transmission including any attached documentation may be privileged and confidential. It is
intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this
communication in error, please notify the City of Lakeville immediately by replying to this email. [v000001]
From: Hugh S <reachhugh@hotmail.com>
Sent: Thursday, September 19, 2019 11:45 AM
To: Jordan, Alex <ajordan@lakevillemn.gov>; Dempsey, Frank <fdempsey@lakevillemn.gov>
Subject: Re: The Preserve
Hi Frank and Alex
Any updates on the preserve? Where are they in the process? Looks like they've started working
behind my house... Maybe a bobcat tearing out trees and brush.
Thanks
Hugh
From: Jordan, Alex <ajordan@lakevillemn.gov>
Sent: Tuesday, September 3, 2019 12:43:32 PM
To: Hugh S <reachhugh@hotmail.com>; Dempsey, Frank <fdempsey@lakevillemn.gov>
Subject: RE: The Preserve
Hugh – thanks for clarifying. Unless there are unique circumstances, construction access for this development would not be
permitted from the adjacent local roadways. Due to the fact that there are proposed street and utility connections to the Stone Ridge
subdivision (Javelin Avenue and Javelin Way) there will be construction activity directly adjacent those connection points. The deep
utility connections may require some level of construction access to the existing roadways (parking of certain vehicles). Until a
contractor has been selected and a phasing schedule has been determined, it is difficult to say what the contractor might need to
facilitate construction in a reasonable manner. We will work with the future contractor to come up with a reasonable plan that
minimizes construction activity along the adjacent residential roadways.
There has not been much progress made at this point regarding the stormwater management for the site. The Developer’s engineer
is currently preparing a plan for City review prior to moving the project forward. I will share with you when a more definitive plan is
prepared that will be supported by City staff.
Thanks,
Alex
Alex Jordan , P.E.
Assistant City Engineer, City of Lakeville
952-985-4503 |lakevillemn.gov www.lakevillemn.gov
maps.google.com 20195 Holyoke Avenue , Lakeville , MN , 55044
952-985-4499
The information contained in this transmission including any attached documentation may be privileged and confidential. It is
intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this
communication in error, please notify the City of Lakeville immediately by replying to this email. [v000001]
From: Hugh S <reachhugh@hotmail.com>
Sent: Tuesday, September 3, 2019 11:53 AM
To: Dempsey, Frank <fdempsey@lakevillemn.gov>
Cc: Jordan, Alex <ajordan@lakevillemn.gov>
Subject: Re: The Preserve
Sorry, i wasn't clear regarding use of streets. We are hoping construction traffic can solely use other
routes, e.g. Moving heavy equipment, construction workers, etc. There is a drive off of 50 going
directly into the land that i would think would be ideal.
Also, looking forward to a response from Alex regarding any updates made to the plan since the
public meeting.
Thanks again
Hugh
From: Dempsey, Frank <fdempsey@lakevillemn.gov>
Sent: Tuesday, September 3, 2019 8:15:59 AM
To: Hugh S <reachhugh@hotmail.com>
Cc: Jordan, Alex <ajordan@lakevillemn.gov>
Subject: RE: The Preserve
Good morning Hugh,
Thank you for your comments. Please feel free to raise your questions at the public hearing.
An 80 acre development with environmental protection areas, in this case wetlands, requires local and federal review of the plans
which takes additional time, addressing any comments, and submittal and review of the revised plans. The plans presented to the
Planning Commission will meet city and other jurisdictional review authority requirements.
The Engineering Division oversees the environmental review process as well as the grading, drainage and utility portion of the plan
review and can explain the various revisions made during the review process. Alex Jordan, Assistant City Engineer can address those
questions if you have any prior to the public hearing.
City policy for development requires that neighborhoods be interconnected allowing access and movement between
neighborhoods, both vehicular and pedestrian. The existing developments of the proposed The Preserve plan were signed to
accommodate these residential design policies. The City does not restrict public access to public streets. Use of construction
equipment is not permitted between the hours of 10:00 PM and 7:00 AM.
Best regards,
Frank Dempsey
Associate Planner
Frank Dempsey
AICP, Associate Planner, City of Lakeville
952-985-4423 |lakevillemn.gov www.lakevillemn.gov
maps.google.com 20195 Holyoke Avenue , Lakeville , MN , 55044
952-985-4499
The information contained in this transmission including any attached documentation may be privileged and confidential. It is
intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this
communication in error, please notify the City of Lakeville immediately by replying to this email. [v000001]
From: Hugh S <reachhugh@hotmail.com>
Sent: Monday, September 2, 2019 7:09 PM
To: Dempsey, Frank <fdempsey@lakevillemn.gov>
Subject: Re: The Preserve
Thanks for the update. If there are significant changes to the plan shared at the public
meeting do they have another one? What issues have they encountered related to environmental
conditions and storm water planning?
We (me and many others in my neighborhood) would also like to ensure the approved plan includes a clause regarding use of streets
in our development (as in zero to very little) since they have other access to the land. I assume hours they can operate are controlled
by existing ordinances...or does that vary by location of the project.
Hugh
From: Dempsey, Frank <fdempsey@lakevillemn.gov>
Sent: Friday, August 30, 2019 12:40 PM
To: Hugh S <reachhugh@hotmail.com>
Subject: The Preserve
Hello Hugh,
I am currently unavailable to return your call to speak with you, but I can tell you that the plan review is still on-going with the
developer having to make revisions based on city standards and environmental regulations. The developer requested extending the
time-frame to consider their plat application for an additional 100 days, but I expect we may be scheduling the public hearing some
time in October, maybe November. This is a large and complicated project given the environmental conditions and stormwater
planning for this site. All property owners within 500 feet of the site will receive mailed notice at least 10 days prior to the
scheduled public hearing.
Sincerely,
Frank Dempsey
Associate Planner
Frank Dempsey
AICP, Associate Planner, City of Lakeville
952-985-4423 |lakevillemn.gov www.lakevillemn.gov
maps.google.com 20195 Holyoke Avenue , Lakeville , MN , 55044
952-985-4499
The information contained in this transmission including any attached documentation may be privileged and confidential. It is
intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this
communication in error, please notify the City of Lakeville immediately by replying to this email. [v000001]
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use
by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that
any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly
prohibited and may be unlawful.
This email has been scanned for viruses and malware, and may have been automatically archived by
Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more
useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out