HomeMy WebLinkAboutItem 09
Date: Item No.
ARRIS APARTMENTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving the Arris
Apartments preliminary and final plat, 2) a resolution vacating public right-of-way and easements, 3) a
resolution establishing No Parking along 173rd Street, and 4) a conditional use permit to allow a multiple
family use with a building height greater than 48 feet in the M-1 District, and adoption of the findings of fact
Overview
The Arris Apartments agenda item was considered at the November 16th City Council meeting. After
considerable public input and City Council discussion, the City Council tabled action on the Arris
Apartments applications to the December 7th meeting and directed staff to review providing turn lanes at the
Kenrick Ave./173rd St. intersection, realigning access to the site through the Fleet Farm store parking lot or
requiring underground parking be provided in the lease, requiring the buffer yard landscaping warranty be
for two years, and limiting the outdoor pool hours to 8:00 p.m.
Planning and Engineering staff recommend approval of the Arris Apartments preliminary and final plat,
conditional use permit, and right-of-way and easement vacation as presented.
Primary Issues to Consider
• Have the items listed by the City Council in their motion to table this agenda item been addressed?
• What is the application deadline for the Arris Apartment preliminary plat?
Supporting Information
• Staff response to Primary Issues to Consider
• Preliminary and final plat, vacation, and No Parking resolutions
• Revised CUP form and findings of fact for approval
• Signed development contract and stormwater maintenance agreement; roadway and sidewalk easement
• Kenrick Avenue turn lane sketch
• October 15th Planning Commission meeting minutes
• October 8th (minus some exhibits) and December 1st planning reports; October 26th engineering report
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Daryl Morey, Planning Director
December 7, 2020
Zoning and Subdivision Ordinances
Staff Response to Primary Issues to Consider
• Have the items listed by the City Council in their motion to table this agenda item been addressed?
The developer has agreed to construct a northbound right turn lane on Kenrick Ave. at 173rd St. and to
widen 173rd St. to allow separate right and left turn lanes onto Kenrick Ave. as shown on the attached turn
lane sketch. The cost of these improvements has been included in the revised development contract, which
has been signed by the developer. The development contract has also been revised to extend the landscape
warranty from one to two years and to require maintenance of the existing evergreen trees in the buffer
yard for two years to match the landscaping warranty. The developer has agreed to restrict the outdoor
pool hours to 8:00 a.m. – 9:00 p.m. and to increase the height of the privacy fence on the east side of the pool
from six to eight feet. These two items are included in the revised CUP form. The developer has not agreed
to realign their access through the Fleet Farm store property or to include underground parking in the
apartment rent. These two items are not required by City Code; the proposed site plan meets Zoning
Ordinance requirements for parking and access. The December 1st TPC memo addresses these items.
• What is the application deadline for the Arris Apartment preliminary plat?
The 120 day deadline for City Council action on the preliminary plat is December 15th.
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 20-____
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF
ARRIS APARTMENTS
WHEREAS, the owner of the plat described as Arris Apartments has requested
preliminary and final plat approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and
the Parks, Recreation and Natural Resources Committee and recommended for
approval; and
WHEREAS, the preliminary and final plat meets Subdivision Ordinance
requirements;
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The Arris Apartments preliminary and final plat is hereby approved subject to
the development contract and security requirements.
2. The Mayor and City Clerk are hereby directed to sign the final plat mylars,
development contract, and all documents required pursuant to the
development contract.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
ADOPTED by the Lakeville City Council this 7th day of December 2020.
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
ATTEST:
________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. 20-___ is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a
duly authorized meeting thereof held on the 7th day of December 2020 as shown by the
minutes of said meeting in my possession.
________________________
Charlene Friedges, City Clerk
(SEAL)
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO._________
RESOLUTION VACATING PUBLIC RIGHT-OF-WAY AND
UTILITY, SLOPE, ROAD, AND DRAINAGE AND UTILITY EASEMENTS
WHEREAS, the Planni ng Commission conducted a public hearing, preceded by two (2)
weeks published notice, to consider the following described public right-of-way and utility,
slope, road, and drainage and utility easement vacation, and
WHEREAS, the City Council has determined that it is in the public interest to approve
the public right -of-way and utility, slope, road, and drainage and utility easement vacation.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The following public right -of-way and utility, slope, road, and drainage and utility
easements are hereby vacated:
(see attached exhibits)
2. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
ADOPTED by the Lakeville City Council this 7th day of December 2020
CITY OF LAKEVILLE
________________________
Douglas P. Anderson, Mayor
ATTEST:
________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. _______ is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 7th day of December 2020, as shown by the minutes
of said meeting in my possession.
___________________________
Charlene Friedges, City Clerk
(SEAL)
Temporary Easement Vacation Description Sketch
f:\jobs\8681 - 8700\8689 - kami - lakeville apartments\cad c3d\survey\description sketches\8689_temp esmt 1 vacation.dwgSave Date:11/13/20
Slope Easement Vacation Description Sketch
f:\jobs\8681 - 8700\8689 - kami - lakeville apartments\cad c3d\survey\description sketches\8689_doc 176067 vacation.dwgSave Date:11/13/20
f:\jobs\8681 - 8700\8689 - kami - lakeville apartments\cad c3d\survey\description sketches\8689_doc 268360 vacation.dwgSave Date:11/13/20Easement Vacation Description Sketch
OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:KENRICK AVENUE173RD STREET WESTKENRICK AVENUEofREVISIONS1. Updated Drawing - 11/13/202. 3.4.5.6.DRAWN BY:ISSUE DATE:KCM8/28/20f:\jobs\8681 - 8700\8689 - kami - lakeville apartments\cad c3d\survey\8689 - esmt exhibit to city.dwgSave Date:11/13/20 FILE NO:2117VICINITY MAP11ARRIS APARTMENTSPROPOSED EASEMENT
VACATION EXHIBITKAMI HOLDINGS, LLC
3120 Woodbury Drive, Suite 100
Woodbury, MN, 55125 PROPOSED ARRIS APARTMENTS
Lakeville, Minnesota
f:\jobs\8681 - 8700\8689 - kami - lakeville apartments\cad c3d\survey\description sketches\8689_doc 119477-121195-118342 vacation.dwgSave Date:11/30/20Easement Vacation Description Sketch
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO:
RESOLUTION DESIGNATING “NO PARKING” AREAS ON 173RD STREET
WHEREAS, the City Council for the City of Lakeville is authorized in accordance
with City Code to designate parking zones within the city, and
WHEREAS, 173rd Street is a local street that provides the main access to the I-
35/CSAH 50 interchange and adjacent commercial businesses for the subject site and
existing single family neighborhoods to the east, and
WHEREAS, establishing “No Parking” areas on 173rd Street will discourage
potential on-stree t parking, maintain sufficient access to the traffic lanes, provide
increased sight lines for drivers, and reduce the interaction between vehicles and
pedestrians.
NOW, THEREFORE, BE IT RESOLVED, that the north and south sides of 173rd
Street between Kenrick Avenue and Joy Avenue/Court shall be designated “No Parking”
anytime.
ADOPTED by the Lakeville City Council this 7th day of December 2020.
CITY OF LAKEVILLE
By: ________________________
Douglas P. Anderson, Mayor
ATTEST:
__________________________________
Charlene Friedges, City Clerk
1
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 20-___
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
approves a Conditional Use Permit for Kami Holdings, LLC to allow development of a
multiple family use within the M-1 District and exception to the building height limit for a
principal building within the M-1 District.
2. Property. The permit is for the following described property located in the City of
Lakeville, Dakota County, Minnesota:
Lot 1, Block 1, Arris Apartments
3. Conditions. The permit is issued subject to the following conditions:
a) The subject site shall be developed in accordance with the site and building
plans as approved by the City Council.
b) Any mechanical equipment installed on the building roof shall be screened
from view of Kenrick Avenue, 173rd Street, and the adjacent residential uses in
accordance with Section 11-21-13 of the Zoning Ordinance.
c) The dimensions and construction specifications for enclosed off-street parking
stalls and drive aisles shall comply with the provisions of Section 11-19-7.I.3 of
the Zoning Ordinance.
d) Landscaping shall be installed consistent with the plans approved by the City
Council.
e) All fences shall comply with Section 11-21-5 of the Zoning Ordinance and
require issuance of a permit subject to review and approval of the Zoning
Administrator prior to installation of any fence upon the property. The privacy
fence on the east side of the pool shall be eight (8) feet in height.
2
f) All signs shall comply with Section 11-23-19.D of the Zoning Ordinance and
require a sign permit prior to placement upon the property, subject to review
and approval of the Zoning Administrator.
g) Any exterior storage of waste containers shall require an enclosure meeting the
requirements of Section 11-18-11.B of the Zoning Ordinance.
h) The hours of operation for the outdoor pool shall be 8:00 a.m. – 9:00 p.m.
4. Revocation of Permit. The City may revoke the permit for cause upon determination
that the conditional use is not in conformance with the conditions of this permit or is in
continued violation of the Zoning Ordinance, City Code, or other applicable regulations.
5. Expiration. This CUP shall expire unless the applicant commences construction of
the authorized use within one year of the date of this CUP, unless an extension is approved
by the Zoning Administrator.
Dated: December 7, 2020
CITY OF LAKEVILLE
BY:________________________
Douglas P. Anderson, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 7th day of December 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
ARRIS APARTMENTS
CONDITIONAL USE PERMIT
FINDINGS OF FACT AND DECISION
On 15 October 2020, the Lakeville Planning Commission met at its regularly scheduled meeting
to consider the application of Kami Holdings, LLC for a conditional use permit to allow
development of a multiple family use within a M-1 District and exception to building height limit
for a principal building within the M-1 District. The Planning Commission conducted a public
hearing on the 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 guided for Corridor Mixed Use land uses by the 2040 Comprehensive
Plan.
2. The subject site is zoned M-1, Mixed Use I-35 Corridor District.
3. Legal description of the property is attached as Exhibit A.
4. Section 11-4-3.E of the City of Lakeville Zoning Ordinance provides that the Planning
Commission shall consider possible effects of the proposed amendment. Its judgment shall
be based upon, but not limited to, the following factors:
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 proposed land use is consistent with the 2040 Comprehensive Plan goals for
inclusion of multiple family land uses within commercial developments adjacent to the I-
35 corridor in proximity to transit facilities to provide market support for surrounding
business and expand housing choices within Lakeville.
b. The proposed use is or will be compatible with present and future land uses of the area.
Finding: The subject site is surrounded by the existing and planned uses shown in the
table below:
2
Direction 2040 Land Use Zoning Existing Use
North Commercial C-3 District Fleet Farm
East LD Residential RS-3 District Single family
South Commercial C-3 District Undeveloped
West -- -- I-35
The M-1 District performance standards, site topography, and site plan establishing
location of the proposed building, landscaping and tree preservation provides for
separation of the proposed building and active areas of the site plan from the adjacent
uses being much greater than would be required of a commercial development of the
property and adequately addresses potential compatibility issues.
c. The proposed use conforms to all performance standards contained in the Zoning
Ordinance and the City Code.
Finding: The proposed use will comply with all performance standards of the Zoning
Ordinance and City Code applicable to the subject site including the provisions of Section
11-17-7.E of the Zoning Ordinance for exception to height limit of the M-1 District for the
principal building.
d. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
Finding: The subject site is within the MUSA and the proposed use can be accommodated
within the City’s existing public service capacity.
e. Traffic generated by the proposed use is within capabilities of streets serving the
property.
Finding: The subject site is accessed by Kenrick Avenue (via 173rd Street), which is
designated as a Major Collector street by the 2040 Transportation Plan. The traffic
analysis and pedestrian crossing analysis submitted by the developer demonstrate that
existing streets accessing the property have adequate capacity to accommodate traffic
generated by the proposed use.
5. The reports dated 8 October 2020 and 1 December 2020 prepared by The Planning Company
LLC (TPC) are incorporated herein.
DECISION
The City Council approves a Conditional Use Permit allowing development of the Arris
Apartments within the M-1 District with an exception to the building height limits of the M-1
District in the form attached hereto.
3
DATED: December 7, 2020
CITY OF LAKEVILLE
BY: __________________________
Douglas P. Anderson, Mayor
BY: __________________________
Charlene Friedges, City Clerk
1
Arris Apartments
212537v10
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
ARRIS APARTMENTS
CONTRACT dated ____________________, 2020, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and KAMI HOLDINGS, LLC, a Minnesota limited liability
company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for ARRIS APARTMENTS (referred to in this Contract as the "plat"). The land is situated in the County of
Dakota, State of Minnesota, and is legally described in Exhibit “A” attached hereto and made a part hereof.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
Engineer following approval of a preliminary plat by the City Council, or construct sewer lines, water lines,
streets, utilities, public or private improvements, or any buildings until all the following conditions have been
satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the
2
Arris Apartments
212537v10
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
construction contractors has been received by the City, and 4) the plat has been filed with the Dakota
County Recorder or Registrar of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City’s
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the
plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
3
Arris Apartments
212537v10
and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following, if reflected in the
Plans A-F:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including Section 11-16-
7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction
activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The
4
Arris Apartments
212537v10
Developer shall submit plans and specifications which have been prepared by a competent registered
professional engineer to the City for approval by the City Engineer. The Developer shall instruct its
engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to
the extent that the Developer’s engineer will be able to certify that the construction work meets the
approved City standards as a condition of City acceptance. In addition, the City may, at the City’s
reasonable discretion and at the Developer’s expense, have one or more City inspectors and a soil
engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors,
shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for
on-site project management. The Developer’s engineer is responsible for design changes and contract
administration between the Developer and the Developer’s contractor. The Developer or its engineer shall
schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned,
including the City staff, to review the program for the construction work. Within thirty (30) days after the
completion of the improvements and before the security is released, the Developer shall supply the City
with a complete set of reproducible “as constructed” plans and an electronic file of the “as constructed”
plans in an AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
5
Arris Apartments
212537v10
C. MnDot for Work in Right-of-Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors’ and subcontractors’ responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by August 1, 2022. The Developer may, however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect
cost increases and the extended completion date.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City or Dakota County Soil and
Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City’s current seeding specification which may include temporary seed to provide
6
Arris Apartments
212537v10
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City or the Dakota County Soil
and Water Conservation District, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to
do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw
down the letter of credit to pay any costs. No development, utility or street construction will be allowed and
no building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
The Developer is responsible for meeting all the requirements of the MPCA Construction Permit.
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.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and before the City approves a Certificate of Occupancy, the
Developer shall provide the City with an “as constructed” grading plan certified by a registered land
surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed in
accordance with approved plans. The “as constructed” plan shall include field verified elevations of the
following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all
swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles,
and installed “conservation area” posts; and c) lot corner elevations and all other items listed in City Code
Section 10-3-5.NN.
7
Arris Apartments
212537v10
The final grading plan shall identify all areas in which the building footings will be placed on fill
material. The Developer shall certify to the City that all locations with footings placed on fill material are
appropriately constructed.
Arris Apartments contains more than one acre of site disturbance. A National Pollution Discharge
Elimination System General Stormwater Permit for construction activity is required from the Minnesota
Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice
of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in-house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and its engineer on status or
problems regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be
three percent (3%) of construction costs identified in the Summary of Security Requirements if using a
letter of credit, assuming normal construction and project scheduling. The Developer shall pay for
construction observation performed by the City’s in-house engineering staff or consulting engineer.
Construction observation shall include part or full time inspection of proposed public utilities and street
construction, as reasonably required, and will be billed on hourly rates estimated to be five percent (5%) of
the estimated construction cost.
8
Arris Apartments
212537v10
19. STORM SEWER. The Developer shall construct a privately owned and maintained storm
sewer system, which includes two privately owned and maintained filtration basins. The private filtration
basins shall be located on Lot 1, Block 1 and will treat runoff generated from the proposed
improvements. The Developer shall enter into a private maintenance agreement for the filtration basins
and dedicate a maintenance easement over the basin areas prior to City Council consideration of the
final plat. The stormwater management design is consistent with City requirements.
The grading plan identifies construction outside of the plat boundary on PID (224860001040).
The Developer shall furnish to the City temporary construction easements prior to recording the final plat.
Following completion of the site improvements and restoration, the Developer shall conduct two
double ring infiltrometer tests in the location of the filtration basins to demonstrate that the design
infiltration rates have been achieved. The Developer shall provide a $10,000.00 security with the final
plat to ensure that this testing is completed.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and must be
paid with the final plat, calculated as follows:
339,993 s.f. x $0.198/s.f. = $67,318.61
Net Area of Arris
Apartments
Area Charge Total
The Crystal Lake Surcharge has not been collected on the parent parcels and must be paid with
the final plat, calculated as follows:
339,993 s.f. x $0.0153/s.f. = $5,501.89
Net Area of Arris
Apartments
Area Charge Total
The remainder of the Trunk Storm Sewer Area Charge and Crystal Lake Surcharge will be
collected at the time Outlot B is final platted into lots and blocks.
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the building
permit application and final construction plans.
20. SANITARY SEWER. The Developer shall construct a private sanitary sewer service
connecting to an existing sanitary sewer manhole within 173rd Street. The Developer shall provide a
9
Arris Apartments
212537v10
$15,000.00 security with the final plat for the connection to the public sanitary sewer and restoration of
the public roadway and right-of-way.
Two of the parent parcels were previously assessed for sanitary sewer lateral, area and unit
charges. The Developer shall be eligible to receive 22-unit credits to be credited from the Sanitary
Sewer Connection Charges to be collected with the building permit. The Sanitary Sewer Availability
Charge was previously paid and will not be required for collection with the building permit.
The Developer shall pay the Lateral Sanitary Sewer Charge, which was previously unassessed
adjacent to PID No. 22-11825-00-050, calculated as follows:
469.58 l.f. x $41.50/l.f. = $19,487.57
Sanitary Sewer Length
adjacent to PID No. 22-11825-
00-050
Lateral
Sanitary
Sewer
Charge
Total
21. WATERMAIN. The Developer shall construct a private watermain connecting to the
existing watermain along 173rd Street at the proposed east driveway entrance. The Developer shall loop
the watermain within the site to provide a second connection to the watermain within 173rd Street. The
Developer must remove the existing water service stubs located within the parent parcels that will not be
used and post a $10,000.00 security with the final plat for their removal, consistent with City’s
Construction Specifications.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City
staff with the building permit application and final construction plans.
Two of the parent parcels were previously assessed for watermain lateral, area and unit charges.
The Developer shall be eligible to receive 22-unit credits to be credited from the Watermain Unit Charges
to be collected with the building permit.
The Developer shall pay the Lateral Watermain Charge, which was previously unassessed
adjacent to PID No. 22-11825-00-050, calculated as follows:
10
Arris Apartments
212537v10
469.58 l.f. x $48.00/l.f. = $22,539.84
Watermain Length adjacent to
PID No. 22-11825-00-050
Lateral
Watermain
Charge
Total
22. CONSTRUCTION ACCESS. Construction traffic access and egress and parking for
grading, utility, building and street construction shall be determined with the final construction plans prior
to construction. No construction traffic will be permitted to park along 173rd Street or in the neighboring
residential development areas
23. PARKS, TRAILS, AND SIDEWALKS. The Park Dedication requirement for the parent
parcels has not been paid and shall be satisfied through a cash contribution by the Developer with the
final plat, calculated as follows:
197 units x $2,352.00 = $463,344.00
Total Units
In Arris Apartments
2020 Park Dedication Fee Park Dedication Requirement
The Park Dedication requirement for Outlot B shall be collected at the time it is final platted into
lots and blocks.
The Developer shall construct a 6-foot wide sidewalk along the east side of Kenrick Avenue from
173rd Street to 175th Street. The sidewalk improvements will provide a pedestrian connection from the
proposed high-density housing to the existing commercial development in Argonne Village. The City will
reimburse the Developer for the cost of the sidewalk improvement as follows:
• $76,237.50 with the final plat as a credit to the Park Dedication requirement. The Developer shall
reimburse the City for the full amount of the cost ($76,237.50) of the sidewalk adjacent to Outlot B
at the time Outlot B, Arris Apartments is final platted into lots and blocks.
• $30,762.50 with the final plat as a credit to the Park Dedication requirement. The City is 100%
responsible for the costs of the sidewalk improvements outside of the plat boundary adjacent to
the City’s Fire Station Number 3 ($30,762.50; PID No. 221185000161).
The Developer shall also provide a public sidewalk easement for the portion of the sidewalk located
within Outlot B and outside of the dedicated right-of-way, prior to recording the final plat.
11
Arris Apartments
212537v10
24. KENRICK AVENUE AND ULTIMATE INTERCHANGE IMPROVEMENTS. The
Developer shall plat the area of the Ultimate Interchange future right-of-way as an outlot as shown on the
final plat (Outlot A).
25. KENRICK AVENUE AND 173RD STREET IMPROVEMENTS.
The Developer shall pay for and construct a north-bound right turn lane on Kenrick Avenue at
173rd Street. Additionally, the Developer shall widen 173rd Street to provide dedicated right-turn, left-turn
and incoming lanes at the intersection with Kenrick Avenue. The Developer shall provide a $121,000.00
security with the final plat for the public roadway and utility improvements necessary for the turn lane
construction.
26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The
Developer shall pay a cash fee in the amount of $3,200.00 for traffic control signs which is due at the
time of final plat approval. If the street signs are installed during frost conditions, the Developer shall pay
an additional $150.00 for each street sign location.
The Developer shall pay a cash fee for one-year of streetlight operating expenses at the time of
final plat approval which is calculated as follows:
776.51 lf x $.2832/ff/qtr. x 4 qtrs. = $879.63
173rd St Frontage Streetlight Operating Fee Total
27. ENVIRONMENTAL RESOURCES EXPENSES. A cash fee for one-year of environmental
resources expenses shall be paid at the time of final plat approval and is calculated as follows:
197 units x $16.54/unit/qtr. x .25 x 4 qtrs. = $3,258.38
Residential
Units
Environmental
Resources Fee
Utility
Factor
28. LANDSCAPING. Landscaping shall be installed in accordance with the approved
landscape plan. The Developer shall post a $250,000.00 landscaping security at the time of final plat
approval to ensure that the landscaping is installed in accordance with the approved plan. Upon
satisfactory completion of the landscaping, the escrow funds, without interest, less any draw made by the
City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted
12
Arris Apartments
212537v10
to be alive, of good quality, and disease free for two (2) years after planting. Any replacements shall be
warranted for one (1) year from the time of planting. The Developer or property owner is responsible for
contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent
(50%) of the security will be released when all the landscaping has been installed and inspected by City
staff and the remaining fifty percent (50%) will be released two years after the landscaping inspection
and any warranty work has been completed.
29. RETAINING WALLS. The Developer shall construct two privately owned and maintained
retaining walls. Retaining walls with a combined height greater than four feet shall be designed by a
registered geotechnical or structural engineer and constructed in accordance with plans and
specifications consistent with MnDOT requirements. A separate building permit from the City’s Building
Official is required prior to the construction of the walls. The walls shall be inspected during construction
and certified by the design engineer following construction. A $50,000.00 security shall be submitted
with the final plat for the construction and certification of the proposed retaining walls.
30. TREE PRESERVATION. A tree preservation plan has been submitted. The plan shows
a total of 748 significant trees within the project area. The plan proposes to remove 698 trees (93.3%).
The tree totals do not include any trees within Outlot B. The Developer shall provide a tree preservation
plan for Outlot B before it is final platted into lots and blocks.
The developer shall treat the Colorado Blue Spruce trees that are located on the east side of Lot
1 and are designated to be saved on the tree preservation plan for a period of two (2) years consistent
with the City Forester’s recommendations dated October, 23, 2020. The developer or property owner
shall provide the City with annual verification that the Colorado Blue Spruce trees were treated as
recommended by the City Forester.
All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per the
Lakeville Subdivision Ordinance. If there are any additional trees that are identified as needed to be
removed during the construction process, the Developer shall be responsible for the removal.
13
Arris Apartments
212537v10
31. WETLAND MITIGATION. The wetland delineation for the site was conducted on
05/30/2019 by Kjolhaug Environmental Services. An onsite visit occurred 7/15/2019. There were
several areas investigated on the property. One wetland was identified within the project boundaries.
No wetland impacts are proposed with the preliminary plat.
32. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the October 8, 2020 Planning Report and
November 20, 2020 Engineering Report.
B. The Developer shall remove the existing retaining walls, fence, driveway entrances on Kenrick
Avenue and any other encroachments with the development of the site. The Developer shall
post a $25,000.00 security to guarantee the removal of the site improvements with the final plat.
C. The City shall approve a resolution establishing no parking along both sides of 173rd Street with
the final plat and the Developer shall install the no parking signs as directed by the City
Engineer.
D. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $300.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: three
(3) lots/outlots at $100.00 per lot/outlot. The security will be held by the City until the
Developer's land surveyor certifies that all irons have been set following site grading and utility
and street construction. In addition, the certificate of survey must also include a certification that
all irons for a specific lot have either been found or set prior to the issuance of a building permit
for that lot.
E. The Developer shall pay a cash fee for the preparation of record construction drawings and City
base map updating. This fee is $90.00 per lot/outlot for a total charge of $270.00.
14
Arris Apartments
212537v10
F. The Developer shall be responsible for the cost of street-light installation consistent with a street
lighting plan approved by the City. Before the City signs the final plat, the Developer shall post
a security for street-light installation consistent with the approved plan. The estimated amount
of this security is $2,800.00 and consists of two (2) mast arm lights at $1,400.00 each.
G. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g.,
grading, utilities, and streets) shall be in electronic format in accordance with standard City
specifications.
H. Prior to release of the Plat for recording, the Developer shall obtain vacations or releases of all
existing easements or right-of-way determined by the City Engineer to be inconsistent with the
development of the Plat.
33. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security,
in the form attached hereto accept as otherwise approved by the City Administrator, from a bank
("security") for $662,030.00. If an alternate security is furnished, the Developer shall also furnish a letter of
credit for twenty-five percent (25%) of the alternate security amount to cover any contract increases. The
amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Public Storm Sewer Connection $5,000.00
B. Public Sanitary Sewer and Watermain Connections 25,000.00
C. Watermain Service Abandonment 10,000.00
D. Driveway Entrances 10,000.00
E. Kenrick Avenue Sidewalk 107,000.00
F. Kenrick Ave/173rd Street Turn Lane Construction 121,000.00
F. Erosion Control/Stormwater Basins,
Restoration, Grading Certification 25,000.00
15
Arris Apartments
212537v10
CONSTRUCTION SUB-TOTAL $303,000.00
OTHER COSTS:
A. Developer’s Design (3.0%) $5,460.00
B. Developer’s Construction Survey (2.5%) 4,550.00
C. City Legal Expenses (Est. 0.5%) 910.00
D. City Construction Observation (Est. 5.0%) 9,100.00
E. Developer’s Record Drawings (0.5%) 910.00
F. Encroachment Removals 25,000.00
G. Retaining Walls 50,000.00
H. Infiltration Basin Testing 10,000.00
I. Landscaping 250,000.00
J. Street Lights 2,800.00
K. Lot Corners/Iron Monuments 300.00
OTHER COSTS SUB-TOTAL $359,030.00
TOTAL SECURITIES: $662,030.00
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank
shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5)
business days written notice to the Developer, for any violation of the terms of this Contract or without
notice if the security is allowed to lapse prior to the end of the required term. If the required public
improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may
also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the
default. Upon receipt of proof satisfactory to the City that work has been completed and financial
obligations to the City have been satisfied, with City approval the security may be reduced from time to
time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the
amounts certified by the Developer's engineer shall be retained as security until all improvements have
been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been
received by the City, a warranty security is provided, and the public improvements are accepted by the City
Council. The City’s standard specifications for utility and street construction outline procedures for security
reductions.
16
Arris Apartments
212537v10
34. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Park Dedication Fee $463,344.00
B. Lateral Watermain Access Charge 22,539.84
C. Lateral Sanitary Sewer Access Charge 19,487.57
D. Trunk Storm Sewer Area Charge 67,318.61
E. Crystal Lake Surcharge 5,201.89
F. Traffic Control Signs 3,200.00
G. Streetlight Operating Fee 879.63
H. Environmental Resources Fee 3,258.38
I. City Base Map Updating Fee 270.00
J. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement) 9,090.00
TOTAL CASH REQUIREMENTS $594,589.93
CREDITS TO CASH REQUIREMENTS
Off-site sidewalk construction – Outlot B (Park Dedication) 76,237.50
Off-site sidewalk construction – City Property (Park Dedication) 30,762.50
TOTAL – CREDITS $107,000.00
TOTAL - CASH REQUIREMENTS $487,589.93
35. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one-year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until
the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City’s standard specifications for utility and
street construction identify the procedures for final acceptance of streets and utilities.
17
Arris Apartments
212537v10
36. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of
the Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the
security for the development.
F. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges
18
Arris Apartments
212537v10
("SAC"), City water connection charges, City sewer connection charges, and building permit
fees.
37. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
38. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt, as applicable, shall be installed on all public and
private streets prior to issuance of a Certificate of Occupancy.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
19
Arris Apartments
212537v10
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access, if
applicable, have been paved with a bituminous surface and the utilities are accepted by the City
Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. In
the event this Contract is recorded, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
upon the completion of the work and responsibilities required herein, payment of all costs and
fees required and compliance with all terms of the Contract. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
Contract. The Developer covenants with the City, its successors and assigns, that the
Developer is well seized in fee title of the property being final platted and/or has obtained
consents to this Contract, in the form attached hereto, from all parties who have an interest in
the property; that there are no unrecorded interests in the property being final platted; and that
the Developer will indemnify and hold the City harmless for any breach of the foregoing
covenants.
I. Insurance. Prior to execution of the final plat, Developer and its general contractor shall
furnish to the City a certificate of insurance showing proof of the required insurance required
under this Paragraph. Developer and its general contractor shall take out and maintain or
20
Arris Apartments
212537v10
cause to be taken out and maintained until six (6) months after the City has accepted the
public improvements, such insurance as shall protect Developer and its general contractor
and the City for work covered by the Contract including workers’ compensation claims and
property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Developer and its general contractor or anyone
directly or indirectly employed by either of them. The minimum amounts of insurance shall be
as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
21
Arris Apartments
212537v10
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do business in the State of Minnesota, (ii) shall
name the City, its employees and agents as additional insureds (CGL and umbrella only) by
endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A
copy of the endorsement must be submitted with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least
thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment
of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s
or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits
required by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer,
or anyone for whose acts Developer may be liable. Developer agrees this indemnity
obligation shall survive the completion or termination of this Contract.
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
22
Arris Apartments
212537v10
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council
provided that the Developer may assign this contract to a single-purpose entity (“Affiliate”) that
is under common control as Developer upon written notice to the City and Affiliates written
agreement to be bound by the terms of this Agreement The Developer's obligation hereunder
shall continue in full force and effect even if the Developer sells one or more lots, the entire plat,
or any part of it, until the City’s issuance of a Certificate of Completion and Release.
M. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications.
N. If the Developer conveys any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the
Developer or other owners of lots within the Plat. Private agreements between the owners of
lots within the Plat for shared service or access and related matters necessary for the efficient
use of the lot within the Plat shall be the responsibility of the lot owners and shall not bind or
restrict City authority to approve applications from any owner of a lot within the Plat.
39. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: Kami Holdings, LLC 3120 Woodbury Drive, Woodbury, Minnesota 55129. Notices to
the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the
City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195
Holyoke Avenue, Lakeville, Minnesota 55044.
23
Arris Apartments
212537v10
CITY OF LAKEVILLE
BY: ___________________________________________
Douglas P. Anderson, Mayor
(SEAL)
AND __________________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2020, by Douglas P. Anderson and by Charlene Friedges, the Mayor and City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
______________________________________________
NOTARY PUBLIC
25
Arris Apartments
212537v10
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
FLEET FARM PROPERTIES LLC, a Delaware limited liability company, fee owners of all or part of
the subject property, the development of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to
that portion of the subject property owned by them.
Dated this _____ day of ____________, 2020.
By: ______________________________________
Its:
STATE OF ______________ )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2020,
by ___________________________ the ________________________________ of FLEET FARM
PROPERTIES LLC, a Delaware limited liability company, on behalf of said limited liability company.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/smt
26
Arris Apartments
212537v10
EXHIBIT “A”
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
ARRIS APARTMENTS
Parcel 1:
Outlot D, ARGONNE ESTATES, according to the recorded plat thereof, Dakota County,
Minnesota.
Torrens Property
Parcel 2:
Outlot E, ARGONNE ESTATES, according to the recorded plat thereof, Dakota County,
Minnesota.
Torrens Property
Parcel 3:
The East one-half of Lot Four (4), ARGONNE FARMS, according the recorded plat thereof, Dakota
County, Minnesota.
Torrens Property
Parcel 4:
Lot Four (4), ARGONNE FARMS, EXCEPT the East One-half thereof;
Lot Five (5), ARGONNE FARMS, EXCEPTING from said Lot Five (5), the following:
Commencing at the Northwest corner of Lot Five (5), thence East Seventy-eight and nine
tenths (78.9) feet, thence South Twenty-seven degrees Thirty-five minutes (27°35') West
Forty-one and Fifty-four hundredths (41.54) feet, thence South Eighty-eight degrees Twelve
minutes (88°12') West a distance of Fifty-eight and Twenty-two hundredths (58.22) feet to
the West line of Lot Five (5), thence North to the point of beginning.
ALSO EXCEPTING that part of said Lot 5 which lies Northwesterly of a line run parallel with and
distant 30 feet Southeasterly of the following described line:
From a point on the South line of Section 1, Township 114 North, Range 21 West, distant 1979.13
feet West of the Southeast corner thereof, run Northeasterly at an angle of 83°08' with said South
section line for 454.43 feet; thence deflect to the right at an angle of 90° for 95 feet to the point of
beginning of the line to be described; thence deflect to the right at an angle of 90° degrees for
732.28 feet; thence deflect to the right at an angle of 14°34' for 1180.88 feet; thence deflect to the
left on a 6°00' curve (delta angle 27°00') for 450 feet and there terminating.
27
Arris Apartments
212537v10
Parcel 5:
All of Lot Eight (8) except that part of Lot Eight (8), Argonne Farms, lying North of a line drawn from
a point on the East line of said Lot Eight (8) distant 250 feet North of the Southeast corner thereof to
a point on the West line of said Lot Eight (8) distant 286.27 feet Northerly of the Southwest corner
thereof, and East of a line drawn from a point on the aforesaid described line distant 136.65 feet
East of the Westerly line of said Lot Eight (8) to a point on the Northerly line of said Lot Eight (8)
distant 246 feet Easterly from the Northwest corner thereof, according to the recorded plat thereof,
Dakota County, Minnesota.
Torrens Property
1
212597v2
(reserved for recording information)
GRANT OF PERMANENT EASEMENT
KAMI HOLDINGS, LLC, a Minnesota limited liability company, “Grantor”, in
consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
LAKEVILLE, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the
“City”, its successors and assigns, forever, a permanent easement for public roadway, drainage,
utility and sidewalk purposes over, on, across, under, and through the land situated in the County
of Dakota, State of Minnesota, as legally described on the attached Exhibit “A” and depicted
on the attached Exhibit “B” (the “Easement Premises”).
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said right of way public roadway, drainage, utility and sidewalk system over, across,
on, under, and through the Easement Premises, together with the right to grade, level, fill, drain,
pave, and excavate the Easement Premises, and the further right to remove trees, bushes,
undergrowth, and other obstructions interfering with the location, construction, and maintenance
of said public sidewalk easements.
2
212597v2
The above named Grantor, for itself, its successors and assigns, does covenant with the
City, its successors and assigns, that it is well seized in fee title of the above described Easement
Premises that it has the sole right to grant and convey the easement to the City; that there are no
unrecorded interests in the Easement Premises; and that it will indemnify and hold the City
harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this ____
day of _______________, 2020.
GRANTOR:
KAMI HOLDINGS, LLC
By:
Its: _________________________________
STATE OF MINNESOTA )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of
_________________, 2020, by ________________________, the _________________________
of Kami Holdings, LLC, a Minnesota limited liability company, on behalf of said entity.
__________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452 -5000
AMP/smt
3
212597v2
EXHIBIT “A”
TO
GRANT OF PERMANENT EASEMENT
An easement lying over, under, and across that part of Outlot B, ARRIS APARTMENTS,
according to the recorded plat thereof, Dakota County, Minnesota, lying southwesterly, westerly,
and northwesterly of the following described line:
Commencing at the most westerly corner of said Outlot B; thence North 54 degrees 36 minutes
07 seconds East, assumed bearing, along the northwesterly line of said Outlot B, 10.90 feet to the
point of beginning of said line to be described; thence southeasterly 134.71 feet along a non-
tangential curve concave to the Southwest having a radius of 1960.78 feet, a central angle of 03
degrees 56 minutes 11 seconds, a chord bearing of South 26 degrees 43 minutes 47 seconds East,
and a chord length of 134.69 feet; thence South 15 degrees 52 minutes 38 seconds East, not
tangent to the last described curve, 57.08 feet; thence southeasterly 124.90 feet along a non-
tangential curve concave to the Northeast having a radius of 523.70 feet, a central angle of 13
degrees 39 minutes 53 seconds, a chord bearing of South 37 degrees 50 minutes 51 seconds East,
and chord length of 124.60 feet; thence South 45 degrees 19 minutes 13 seconds West, not
tangent to the last described curve, 3.00 feet to the westerly line of said Outlot B and said line
there terminating.
4
212597v2
EXHIBIT “B”
TO
GRANT OF PERMANENT EASEMENT
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
October 15, 2020
Chair Kaluza called the meeting to order at 6:00 p.m. in the Council Chambers at City
Hall. The Pledge of Allegiance to the flag was given.
Members Present: Chair Pat Kaluza, Vice Chair Jeff Witte, Karl Drotning, Brooks
Lillehei, Jenna Majorowicz, Christine Zimmer, Jason Swenson, Ex-officio member Thor
Howe
Members Absent: None
Staff Present: Daryl Morey, Planning Director; Daniel Licht, The Planning Company;
Zach Johnson, City Engineer (via Chime); Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The October 1, 2020 Planning Commission meeting minutes were approved as
presented.
4. Announcements
The following items were distributed to the Planning Commission at tonight’s meeting:
1. October 14, 2020 Parks, Recreation & Natural Resources Committee draft minutes
regarding the Arris Apartments preliminary plat
2. E-mails pertaining to the Arris Apartments preliminary plat
3. Revised landscape plan for the Arris Apartments preliminary plat
5. Arris Apartments
Chair Kaluza opened the public hearing to consider the application of Kami, Inc. for
the following, located east of Kenrick Avenue and north of 175th Street: A. Preliminary
plat of one lot and one outlot to be known as Arris Apartments; B. Conditional use
permit to allow the construction of a 197-unit multiple family dwelling greater than 48
feet in height in the M-1, Mixed Use I-35 Corridor District; C. Vacation of public right-
of-way, slope, and road, drainage and utility easements.
Matt Knutson from Amcon Construction presented an overview of their request. Mr.
Knutson stated they are constructing a 197-unit market rate apartment building. There
will be one indoor parking stall per unit. Cognizant of the neighbors to the east of their
proposed building, Mr. Knutson indicated that the building would include two, three
and then the fourth level as the building steps back to the west. He stated that 50
percent of the exterior finish will be brick or stone. He listed the amenities that will be
included with this development.
Planning Commission Meeting Minutes, October 1 5, 2020 Page 2
Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that
the proposed 197 dwelling units are within the density allowed for the subject site by
the 2040 Comprehensive Plan. The subject site is zoned M-1, Mixed Use I-35 Corridor
District consistent with the 2040 Land Use Plan. Multiple family dwellings are allowed
as a conditional use within the M-1 District subject to the performance standards.
Mr. Licht indicated that the lot area, floor area ratio and setbacks all meet or exceed
the requirements of the Zoning Ordinance. The use of brick or stone for the exterior
finish of the proposed building is 50 percent of the total wall area and complies with
the requirements of the Zoning Ordinance.
Mr. Licht stated that the additional building height does not have any effect on the
intensity of the use of the property and satisfies the criteria for approval of the
conditional use permit.
Mr. Licht reviewed the accesses to the site along with the off-street parking. The
parking evaluation submitted by the developer concluded that the proposed apartment
building will have adequate off-street parking.
The submitted landscape plan addresses the perimeter of the site and building
foundation with emphasis for screening along Kenrick Avenue and the north lot line,
as well as the required buffer yard between the building and the existing single family
neighborhood to the east as required by the Zoning Ordinance.
Mr. Licht stated that the outdoor amenities, that are on the east end of the building,
will include a patio that will have a pool, play area, grilling area, pergola, and fire pit.
The outdoor area is enclosed by six-foot high fencing that is to be a solid privacy fence
on the east side of the patio to block visuals and noise from the area towards the
single family neighborhood to the east.
Mr. Licht described the exterior lighting, proposed signage, waste storage, and
easements. Outlot A which is zoned C-3, General Commercial District, will be retained
under private ownership for future development.
Planning Department staff recommends approval of the Arris Apartments preliminary
plat, conditional use permit, and easement vacation, subject to the 16 stipulations
listed in the October 8, 2020 planning report, and adoption of the Findings of Fact
dated October 15, 2020.
Mr. Licht introduced Zach Johnson, City Engineer, who, via Chime, discussed the
traffic study, existing roads and sidewalks. Mr. Johnson stated that the developer
provided a traffic study that demonstrated that Kenrick Avenue has adequate capacity
for the traffic generated by the proposed development. The study compared the
proposed apartment use with a mixed use and general office park use and indicated
that the amount of traffic for these types of uses would double the amount of traffic in
this area.
Mr. Johnson indicated that City staff is recommending that 173rd Street be posted as
a no parking zone to minimize conflicts with through traffic for the residential
Planning Commission Meeting Minutes, October 1 5, 2020 Page 3
neighborhood to the east. It was suggested to the developer by some of the single
family neighbors that 173rd Street should be closed at the east line of the proposed
development. Per the October 8, 2020 planning report, City staff does not recommend
closing 173rd Street. Mr. Johnson explained how the site plan has been designed to
anticipate future realignment of Kenrick Avenue as part of the City’s long-term plan for
the I-35/CSAH 50 interchange where the City will need to acquire right-of-way in the
future.
Prior to public comment, Commissioner Lillehei asked the developer to show where
the different heights of the building are proposed on the revised plans.
Commissioner Lillehei also wanted to clarify with the developer if the below ground
parking will or will not be included in their rent. The developer stated that the below
ground parking would not be included in the rent. Each unit is allowed one
underground parking stall.
Chair Kaluza opened the hearing to the public for comment.
The following people spoke at the public hearing:
Brian Bross, 17289 Joy Court
Rod Vredenberg, 17282 Joplin Avenue
Dan Everson, 17340 Joplin Avenue
Kyle and Jen Schiffler, 17248 Joy Court
Trevor Radner, 17331 Joy Court
Joel Inskeep, 17257 Joy Court
Tom Dorazio, 17256 Joy Court
Discussion points by those who spoke:
• Inconsistencies in the building elevation plans presented at tonight’s meeting
• Additional evergreen screening and increasing the berm on the east side of the
site
• Dangers associated with the proposed Kenrick Avenue crosswalk at 173rd Street
• Overflow parking encroaching into their neighborhood
• Lack of greenspace on site
• Felt this apartment building does not compliment the Argonne Farms
neighborhood
• Asked to have this proposal delayed and asked the Planning Commission to come
out to their neighborhood to see what it would be like to have the apartment
building located next to their homes
• Traffic and sight visibility issues at the 173rd Street/Kenrick Avenue intersection
• Would like 173rd Street closed off to the east
• Wondered if their voices even mattered after reading the Findings of Fact that were
included in the packet material. Mr. Morey responded that including the Findings
of Fact in the packet material was standard practice. They do not get approved
and signed until after the Planning Commission vote on this agenda item.
• Light pollution
• Concerned about utility upgrades that will need to be installed and who will pay for
the upgrades. Is this paid for through their taxes?
Planning Commission Meeting Minutes, October 1 5, 2020 Page 4
• Asked who the property managers will be for this apartment building
• Questioned the traffic study and how reliable it was due to COVID-19
• Concerned about losing the wildlife and seclusion of the neighborhood
• Feels this apartment building will ‘change everything’ in their neighborhood
• Will there be an escrow to be sure that the deferred parking gets built, if needed?
• All the surface parking should be built with the initial construction
• If the underground parking is not part of the rent, parking will be an issue
Mr. Morey apologized that the building elevation plans that were included in the packet
were not the most updated version.
Motion was made by Majorowicz seconded by Drotning to close the public hearing
at 7:38 p.m.
Voice vote was taken on the motion. Ayes - unanimous
The Planning Commission took a break at 7:38 p.m. and reconvened at 7:48 p.m.
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
• Chair Kaluza asked Mr. Johnson to recap the traffic study along with explaining
the utility upgrades, crosswalks and sidewalks. Mr. Johnson explained that the
entire cost of the utility infrastructure construction will be the developer’s
responsibility. Mr. Johnson appreciated the residents’ thoughts and agreed
that the traffic estimates are different during COVID-19. He explained how the
traffic study worked using the Comprehensive Plan, growth factors, and traffic
forecasts before COVID-19. Mr. Johnson added that this development will
have much less traffic impact than a commercial use of the property. The City
can work with law enforcement regarding the speeding issues on Kenrick
Avenue. Mr. Johnson then explained what goes into intersection operations. It
has been determined that the 173rd Street /Kenrick Avenue intersection is
adequate with wait times of 10-15 seconds before vehicles on 173rd Street are
able to enter the intersection. The City will work closely with the developer
regarding grading and location of trees to ensure adequate sight visibility at this
intersection.
• Mr. Johnson stated that based on the analysis submitted by the developer, the
City will not recommend a crosswalk at 173rd Street and Kenrick Avenue. He
also indicated that the City would work with the developer to extend the
sidewalk on the east side of Kenrick Avenue between 173rd Street and 175 th
Street.
• Mr. Licht stated that Stipulation 5 could be amended to read: The developer
shall construct a concrete sidewalk from 173rd Street to 175th Street subject to
review by the City Engineer.
• Mr. Licht explained the Comprehensive Plan process and how the City
addressed the location of multiple family development within the city. Adding
potential for multiple family development interspersed throughout the
community was recommended by the Economic Development Commission.
To help accomplish this, the M-1 District was established. Mr. Licht explained
Planning Commission Meeting Minutes, October 1 5, 2020 Page 5
that the Planning Commission needs to consider whether this proposal is in
compliance with the Comprehensive Plan and whether it complemented life
cycle housing goals.
• Some Planning Commission members stated that they did visit the site and
neighborhood prior to tonight’s meeting.
• Mr. Johnson explained the stormwater drainage and how it works. He indicated
that the objective is to capture stormwater before it leaves the property. The
stormwater pond design is conceptual. The City will work with the developer
to develop a stormwater basin that meets City requirements on the property.
• Mr. Johnson reiterated that the City will not close 173rd at Joy Street. He stated
that the City works to have secondary accesses to developments for
emergencies, etc.
• Steven Scott Management will be the management company and they use the
Crime-Free/Drug-Free Housing application to determine tenants. There will be
a staff member on duty at all times or a resident that is part of the management
company living in the building.
• There was a discussion regarding the cost of the underground parking, which
would be roughly $50 a month, and why that cost couldn’t be included in the
lease. The owner commented that he needed to be competitive in the
marketplace and other apartment buildings in the area don’t include it in their
lease.
• Assignment of a specific parking spot for each unit in the underground parking
garage was also discussed.
• Commissioner Swenson asked Mr. Morey to explain what deferred parking
meant. Mr. Morey explained that the Zoning Ordinance does allow deferred
parking for commercial, industrial, institutional and multiple family uses via a
deferred parking agreement drafted by the city attorney’s office. The City can
require those deferred parking spaces to be built if parking demand exceeds
supply.
• Mr. Morey stated that the Planning Commission will need to decide if the
parking spaces could be deferred or constructed with the initial development of
the site.
• Snow storage would be located in the green space available on site and would
not block parking stalls.
• Availability of the underground parking was an issue with the Planning
Commission. They felt it should be included with the lease or the surface
spaces should be built with the initial development of the site.
• Mike Morgan, one of the owners of the Arris Apartments, felt that they have to
follow what the market dictates. Their rents have to be competitive so they need
to give flexibility to those who sign the lease regarding their desire for an
underground parking space.
• Mr. Morgan would prefer to have the deferred parking and additional green
space, but he will build all the surface parking spaces with the initial
construction to keep the underground parking as an option, not mandatory, in
the lease.
• Mr. Morey commented that the Avonlea Village Green apartment charges extra
for their underground parking and many of the tenants have decided not to pay
that extra charge so there is spillover of on-street parking into the adjacent
single family neighborhood, especially during the spring and summer months.
Planning Commission Meeting Minutes, October 1 5, 2020 Page 6
Even though the City has signed the surrounding streets with ‘No Parking’, it
continues to be a problem. Mr. Morey stated that staff doesn’t want a similar
situation with the Arris Apartments.
• Screening on the east side of the recreation area was discussed along with the
pool and patio hours of operation.
• Storage on each floor was questioned. Mr. Knutson stated that there will be
storage lockers on each level for $10-$15 each. There will also be a bike rack
at the head of each underground parking stall.
• There was concern for how many existing trees will be removed with this
development. The developer did submit a tree preservation plan. In addition,
the landscape plan will be forwarded to the City Forester who will review it prior
to consideration by the City Council.
• Commissioners Lillehei and Swenson reflected on the comments provided by
the neighbors, each providing their own personal experiences with similar
situations. They acknowledged the character of the neighborhood and believed
it would still be a wonderful neighborhood after the apartment building is
constructed. It’s the people in the neighborhood that make the neighborhood
great.
• The building owner would prefer to construct the surface parking spaces with
the initial development of the site. If they construct all of the surface parking
spaces and do not request a parking deferment, they will meet Zoning
Ordinance requirements so the City cannot require the developer to include the
underground parking in their leases.
• Chair Kaluza appreciated the neighbors being a part of the process tonight. He
added that the Planning Commissioners are appointed by the City Council and
the City Council has the final decision on these development applications.
Motion was made by Lillehei, seconded by Swenson to recommend to City Council
approval of the Arris Apartments preliminary plat, conditional use permit to allow the
construction of a 197-unit multiple family dwelling greater than 48 feet in height in the
M-1, Mixed Use I-35 Corridor District, and vacation of public right-of-way, slope, and
road, drainage and utility easements, located east of Kenrick Avenue and north of
175th Street, and adoption of the Findings of Fact dated October 15, 2020, subject to
the following stipulations, as amended:
1. The subject site shall be developed in accordance with the site and building plans
as approved by the City Council.
2. Any mechanical equipment installed on the building roof shall be screened from
view of Kenrick Avenue, 173rd Street, and the adjacent residential uses in
accordance with Section 11-21-13 of the Zoning Ordinance.
3. Dedication of right-of-way for Kenrick Avenue and 173rd Street as shown on the
preliminary and final plat and revision of the final plat to include an outlot for the
public right-of-way to be acquired for the Ultimate I-35/CSAH 50 interchange shall
be subject to review and approval by the City Engineer.
4. A no parking zone on 173rd Street within the plat shall be designated by resolution
of the City Council to be adopted at the time of final plat approval.
5. The developer shall construct a concrete sidewalk from 173rd Street to 175th Street
subject to review by the City Engineer.
Planning Commission Meeting Minutes, October 1 5, 2020 Page 7
6. The dimensions and construction specifications for enclosed off-street parking
stalls and drive aisles shall comply with the provisions of Section 11-19-7.1.3 of
the Zoning Ordinance.
7. The landscape plan shall be revised to remove proposed plantings from areas of
the subject site the City has identified for acquisition of right-of-way for the Kenrick
Avenue and all plantings shall comply with Section 11-21-9.C of the Zoning
Ordinance subject to review and approval of the City Forester.
8. All fences shall comply with Section 11-21-5 of the Zoning Ordinance and require
issuance of a permit subject to review and approval of the Zoning Administrator
prior to installation of any fence upon the property.
9. All signs shall comply with Section 11-23-19.D of the Zoning Ordinance and require
a sign permit prior to placement upon the property, subject to review and approval
of the Zoning Administrator.
10. Any exterior storage of waste containers shall require an enclosure meeting the
requirements of Section 11-18-11.B of the Zoning Ordinance.
11. The final plat shall require satisfaction of park dedication requirements as a cash
fee in lieu of land in accordance with Section 11-4-8.J of the Subdivision
Ordinance.
12. All drainage and utility easements shall be subject to review and approval of the
City Engineer.
13.All grading, drainage, erosion control, and wetland impact/mitigation plans shall be
subject to review and approval of the City Engineer.
14. All utility plans shall be subject to review and approval of the City Engineer.
15. The developer shall enter into a development agreement drafted by the City
Attorney and subject to approval of the City Council prior to approval of a final plat.
Ayes: Swenson, Majorowicz, Lillehei, Kaluza, Witte, Zimmer, Drotning
Nays: 0
There being no further business, the meeting was adjourned at 9:31 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
1
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 8 October 2020
RE: Lakeville – Arris Apartments
TPC FILE: 135.01
BACKGROUND
Kami Holdings LLC has submitted applications for development of a 197 unit apartment building
at the northeast quadrant of Kenrick Avenue and 173rd Street. The proposed development
requires consideration of applications for preliminary plat, final plat, a Conditional Use Permit for
multiple family uses within the M-1, Mixed Use I-35 Corridor District, a Conditional Use Permit
for building height greater than 48 feet, site and building plan review, and vacation of existing
public right-of-way and easements. A public hearing to consider the applications has been
noticed for the Planning Commission meeting on 15 October 2020.
Exhibits:
A. Site Location Map
B. Zoning Map
C. Project Narrative
D. Traffic Analysis dated June 13, 2020
E. Pedestrian Crossing Analysis dated September 30, 2020
F. Preliminary Plat
G. Site Plan
H. Utility Plan
I. Grading, Drainage & erosion Control Plan
J. Landscape Plan (6 sheets)
K. Tree Preservation Plan
L. Lighting plan (2 sheets)
M. Site Cross Section
N. Architectural elevations and cross section drawing (5 sheets)
O. Building Floor plans (11 sheets)
2
ANALYSIS
Comprehensive Plan. The 2040 Comprehensive Plan guides the subject site for Corridor Mixed
Uses on the 2040 Land Use Plan. Corridor Mixed Use land uses are to provide for development
within the I-35 corridor of commercial areas with opportunity for incorporating multiple family
dwellings nearby to existing and planned transit facilities. The proposed development of the
subject site with a multiple family use is consistent with the objectives of the Corridor Mixed Use
land use designation based on proximity to the existing Metro Transit terminal on I-35 to the
north of the subject site, surrounding businesses and providing for a desirable land use transition
to low density residential uses to the east.
Residential density for parcels guided Corridor Mixed Use is limited to 26 dwelling units per acre.
Density is calculated on the basis of net area of the property to be developed less wetlands and
right-of-way for collector and arterial streets. The subject site consists of 3 parcels east and north
of Kenrick Avenue and 173rd Street, respectively. The net area of Lot 1, Block 1 is 8.31 acres, which
would allow for development of up to 216 dwelling units at 26 dwelling units per acre. The
proposed 197 dwelling units are within the density allowed for the subject site by the 2040
Comprehensive Plan.
Zoning. The subject site is zoned M-1, Mixed Use I-35 Corridor District consistent with the 2040
Land Use Plan. Multiple family dwellings are allowed as a conditional use within the M-1 District
subject to the performance standards established by Section 11-65-5.N of the Zoning Ordinance,
which are reviewed in subsequent paragraphs.
Surrounding Uses. The subject site is surrounded by the existing and planned uses shown in the
table below:
Direction 2040 Land Use Zoning Existing Use
North Commercial C-3 District Fleet Farm
East LD Residential RS-3 District Single family
South Commercial C-3 District Pizza Hut,
Goodyear, Vacant
West -- -- I-35
The M-1 District performance standards require multiple family uses to provide for increased
setbacks from the single family neighborhood to the east and the site plan has been designed to
shift the building as far west as possible to preserve existing trees and plant additional
landscaping as a buffer. The developer provided a cross section drawing of the proposed site plan
illustrating the horizontal perspective of the site topography and site plan with the proposed
building, landscaping and tree preservation to illustrate the relationship with the adjacent single
family neighborhood to the east. The separation of the proposed building and active areas of the
site plan from the adjacent residential uses is much greater than would be required of a
commercial development of the property and adequately addresses potential compatibility
issues.
3
Lot Area. Section 11-65-7.N.1.b(1) of the Zoning Ordinance requires multiple family uses to
provide a minimum of 1,675 square feet of net lot area per dwelling unit. The area Lot 1, Block 1
is 8.31 acres or 361,983.6 square feet. Based on 197 dwelling units, the lot area per unit for the
proposed multiple family use is 1,837 square feet per dwelling unit, which complies with the
Zoning Ordinance.
Floor Area Ratio. Section 11-65-7.N.1.b(2) of the Zoning Ordinance limits the floor area ratio for
the proposed multiple family building to 0.7 as the subject site abuts single family lots zoned RS-
3 District to the east. The gross floor area of the proposed building (not including the below grade
parking level) is 203,974 square feet and the area of the proposed lot is 361,983.6 square feet.
The floor area ratio of the proposed development is 0.56, which complies with the limit
established by the Zoning Ordinance.
Setbacks. The table below outlines the setbacks required for development of the subject site by
Section 11-65-7.N.6 and Section 11-65-13 of the Zoning Ordinance. The location of the proposed
multiple family building within the lot exceeds the minimum setbacks required by the Zoning
Ordinance, including an almost 34 foot increase above the setback required from the east
property line abutting the adjacent single family neighborhood. The proposed building setbacks
also take into account the future right-of-way requirements for the realignment of Kenrick
Avenue as part of the I-35/CSAH 50 interchange ultimate design.
Kenrick Ave. 173rd St. North East
Required 30ft. 30ft. 10ft. 50ft.
Proposed 54.3ft. 99.7ft. 32.8ft. 88.9ft.
Dwelling Units. The proposed building has a mix of studio (efficiency), 1-bedroom, 2-bedroom
and 3-bedroom dwelling units summarized in the table below:
Min Floor
Area
Required
Proposed
Floor Area
# of
Units
% of
Total
Units
Studio 500sf. 515-621sf. 23 11.7%
1 Bedroom 700sf. 703-794sf. 80 40.6%
1+ Bedroom 700sf. 863-896sf. 28 14.2%
2 Bedroom 800sf. 1,030-1,199sf. 51 25.9%
3 Bedroom 880sf. 1,331-1,395 15 7.5%
The proposed dwelling units comply with the minimum floor area requirements specified in
Section 11-17-13.B of the Zoning Ordinance. Section 11-17-15 of the Zoning Ordinance further
limits the mix of dwelling units to not more than 30 percent efficiency units, which the proposed
building complies with.
Exterior finish. The exterior materials for the proposed building must comply with Section 11-65-
7.N.3.a of the Zoning Ordinance requiring minimum of 50 percent of the combined area of all
4
elevations to have an exterior finish of brick, stucco, and/or natural or artificial stone. The
submitted building elevation plans identify the type of all exterior finish materials and include a
schedule indicating the percent of the total area of the exterior of the principal building using
required materials. The use of brick or stone for the exterior finish of the proposed building is 50
percent of the total wall area and complies with the requirements of the Zoning Ordinance.
Building Height. Multiple family buildings within the M-1 District are limited to a height of four
stories or 48 feet by Section 11-65-7.N.2 of the Zoning Ordinance. Illustrations of the proposed
building indicate a flat roof design except for architectural angled roof elements at the building
entrances. The architectural design includes two, three, and four story sections to create a varied
roof line and wall elevations that minimizes building mass further emphasized by changes in
material texture and color. The developer modified the design of the building and site after
discussions with City staff to keep the tallest sections of the structure as far west as possible as
shown below measured from the east property line
Garage only: 87ft.
2-story section: N/A
3-story section: 138ft.
4-story section 189ft.
The height of the roof above the four story building sections is 46 feet and the height to the tallest
parapet is 48 feet. There are slanted roofs over the section of the building that include the
entrances that have a height of 53 feet to the midpoint of the slanted roof defined in accordance
with Section 11-17-7.A of the Zoning Ordinance. Exceptions to zoning district height limits are
allowed by approval of a conditional use permit under Section 11-17-7.E of the Zoning Ordinance.
The additional building height does not have any effect on the intensity of the use of the property
and the site plan does meet the performance standard for the additional building height to
provide for an additional 5 feet of setback for each 10 feet of building height above 35 feet for
front and side yards. The easterly 53 foot roof section is approximately 400 feet from the property
line abutting the adjacent single family neighborhood to the east. The proposed additional
building height satisfies the criteria for approval of the conditional use permit.
If mechanical equipment is to be located on the building roof, the parapets must be high enough
so as to screen the mechanicals from view of Kenrick Avenue, 173rd Street, and the adjacent
residential uses in accordance with Section 11-21-13 of the Zoning Ordinance.
Streets. The subject site abuts Kenrick Avenue and 173rd Street. Kenrick Avenue is designated as
a Major Collector street and 173rd Street as a local street by the 2040 Transportation Plan. The
developer has provided a traffic study demonstrating that Kenrick Avenue has adequate capacity
for the traffic generated by the proposed development. City staff recommends that 173rd Street
be posted as a no parking zone to minimize conflicts with through traffic for the residential
neighborhood to the east. The developer received feedback from the adjacent single family
5
neighborhood that 173rd Street should be closed at the east line of the proposed development
to prevent traffic from entering the low density residential area.
The traffic study indicates that Kenrick Avenue via 173rd Street is the primary access point for the
proposed use as well as the single family neighborhood to the east based on ease of access. The
report concludes that the single family residential neighborhood will be exposed to minimal
through traffic from the proposed development. In addition, closing 173rd Street would leave the
residential neighborhood with only one way in and out, which is a circuitous route to the north
to Jonquil Avenue/170th Street through another residential neighborhood. Maintaining 173rd
Street is consistent with the transportation policies of the 2040 Comprehensive Plan and best
practices for subdivision design to provide connections between neighborhoods to encourage
interaction, distribute traffic and ensure access for residents, as well as emergency vehicles. City
staff does not recommend closing 173rd Street.
The site plan has been designed to anticipate future realignment of Kenrick Avenue as part of the
City’s long-term plan for the I-35/CSAH 50 interchange for which the City will need to acquire
right-of-way in the future. The City has officially mapped acquisition of future right-of-way from
the subject site that will be required to be platted as an outlot and the landscape plan must be
revised to remove proposed plantings from this outlot such that mature trees are not required
to be removed in the future. Existing public right-of-way for Hibbard Highway that is within the
subject site is to be vacated concurrent with the platting of the subject site as it no longer serves
a public purpose. The dedication of right-of-way for Kenrick Avenue and 173rd Street as shown
on the preliminary plat and final plat is subject to review and approval by the City Engineer.
Sidewalks. There are existing sidewalks on the east side of Kenrick Avenue and north side of 173rd
Street for pedestrian access to the subject site. The sketch plan illustrates a sidewalk from the
west end of the building to Kenrick Avenue and a sidewalk from the east end of the building to
173rd Street. The proposed pedestrian accesses meet the requirements of Section 11-65-7.N.4 of
the Zoning Ordinance.
The submitted plans also indicate provision of a pedestrian crossing from the northeast corner
of the Kenrick Avenue and 173rd Street intersection to the west side of Kenrick Avenue, which
would provide for access to commercial areas to the southeast. The developer has provided an
analysis by a qualified Traffic Engineer of the proposed pedestrian crossing. The analysis finds
that there are adequate sight lines for a crossing at this location based on the design and posted
speed limit on Kenrick Avenue. The pedestrian crossing analysis also concludes that measures
such as installation of button activated flashing crossing signs is not warranted based on
established engineering criteria. Staff has forwarded the pedestrian crossing analysis to the City’s
transportation engineering consultant for review and the pedestrian crossing is to be subject to
review and approval of the City Engineer.
Off-Street Parking. The subject site is proposed to have 2 accesses to 173rd Street. The west
access is setback approximately 170 feet from the Kenrick Avenue and 173rd Street intersection.
The west and east accesses to the subject site are spaced 350 feet apart along 173rd Street and
6
the east access is setback approximately 150 feet from the east lot line. The spacing of the
proposed accesses complies with Section 11-19-7.I.6 of the Zoning Ordinance.
The proposed building is to have 197 dwelling units and 278 total bedrooms equal to 1.4
bedrooms per dwelling unit. Section 11-19-13 of the Zoning Ordinance requires multiple family
dwellings to provide 2.0 parking stalls per dwelling unit if there are less than 2.0 bedrooms per
dwelling unit. Section 11-65-7.N.5 of the Zoning Ordinance further requires that a minimum of
1.0 of the required parking stalls per dwelling unit be provided within an attached garage. Based
on 197 dwelling units, 394 parking stalls are required of which 7 must be ADA accessible. The
breakdown of surface and garage parking shown on the submitted plans is summarized below:
Garage stalls 197
Exterior
stalls
Actual 104
Proof-of-Parking 93
Total 394
The site plan illustrates three van accessible stalls on the surface. The building floor plan
illustrates four ADA stalls within the garage. The provision of accessible parking stalls complies
with ADA requirements.
There are 93 proof of parking stalls shown on the site plan that could be required to be
constructed if the City determines that a need has been demonstrated. The traffic analysis
submitted by the developer includes an evaluation of off-street parking for the proposed
development based on information from the Institute of Transportation Engineers. The parking
evaluation reasonably concludes that the proposed apartment building, which has 1.4 bedrooms
per dwelling unit, will have adequate off-street parking. A deferred parking agreement will be
required for the proposed development.
The proposed off-street parking areas and drive aisles are setback more than 15 feet from Kenrick
Avenue and 173rd Street as required by Section 11-19-7.I.1 of the Zoning Ordinance and more
than 50 feet from the east lot line as required by Section 11-65-7.N.6 of the Zoning Ordinance.
Section 11-19-7.I.1 of the Zoning Ordinance requires off-street parking stalls to have minimum
dimensions of 9 feet by 20 feet accessed by 24 foot wide drive aisles. The proposed surface
parking stalls comply with these minimum dimensions. The floor plans verify that the enclosed
garage stalls comply with the minimum dimensions specified by Section 11-19-7.I.3 for minimum
9 foot by 18 foot stalls accessed by 25 foot wide drive aisles (two-way).The plans must be revised
to include this information.
Sections 11-19-7.I.7 and 12 of the Zoning Ordinance requires the off-street parking area to be
paved in accordance the specifications approved by the City Engineer. The parking stalls must
striped as required by Section 11-19-7.I.13 of the Zoning Ordinance. The parking area must be
surrounded by perimeter concrete curb as required by Section 11-19-7.I.15 of the Zoning
Ordinance.
7
Landscaping. A landscape plan has been submitted as required by Section 11-21-7 of the Zoning
Ordinance and a tree inventory and preservation plan prepared in accordance with Section 10-4-
11.B of the Subdivision Ordinance overlaid upon the grading plan has been submitted. The
landscape plan and tree preservation plan address the perimeter of the site and building
foundation with emphasis for screening along Kenrick Avenue and the north lot line, as well as
the requirements of Section 11-21-9.A of the Zoning Ordinance for the required buffer yard
between the building and existing single family neighborhood to the east as required by Section
11-65-7.N.6 of the Zoning Ordinance. The landscape plan also addresses the provisions of Section
11-21-9.D of the Zoning Ordinance for off-street parking areas.
Specific to the yard between the building and the adjacent single family neighborhood to the
east, the landscape plan preserves existing significant trees within 40 feet of the east property
line and provides for planting of a double row of 20 6-foot black hills spruce and clusters of six-
foot balsam fir trees and complemented by ornamental trees on the apartment side of the
plantings. The developer has provided a cross section drawing illustrating the proposed buildings
and existing single family dwellings to the east relative to tree preservation and proposed
landscaping demonstrating the effectiveness of the proposed screening measures. The height of
the black hills spruce and balsam fir trees (and all other evergreen trees shown on the landscape
plan) must be increased to 8 feet in height to comply with Section 11-21-9.C.1 of the Zoning
Ordinance. The location, type, size of proposed plantings comply with the requirements of the
Zoning Ordinance and are to be subject to review and approval of the City Forester.
Outdoor Amenities. The site plan illustrates a number of outdoor recreation amenities including
a patio that includes a pool, play area, grilling area, pergola, and fire pit. These outdoor amenities
are all located on the east end of the building and are setback 83 feet from the east lot line,
exceeding the 50 foot setback required by Section 11-65-7.N.6 of the Zoning Ordinance. The
building elevation plans show a pool mechanical building constructed of rock face block within
the area. The outdoor area is enclosed by six foot high fencing that is to be a solid privacy fence
on the east side of the patio to block visuals and noise from the area towards the single family
neighborhood to the east. There is also pet exercise area on the west end of the building. Section
11-21-5.A of the Zoning Ordinance requires details regarding fencing for the patio and pool area
to be submitted for review and approval by the Zoning Administrator, including compliance with
Section 11-21-5.G of the Zoning Ordinance related to pools.
Exterior Lighting. The developer has submitted a lighting plan showing the location, height, type,
and illumination pattern of all exterior lighting. The intensity of exterior lighting is limited not to
exceed 115 foot-candles at ground level measured at any point on the subject site and light may
not exceed 1 foot-candle measured at the right of way or property line. The submitted exterior
lighting plan complies with the provisions of Section 11-16-17 of the Zoning Ordinance. The
developer has lowered the height of freestanding poles and added shielding to the fixtures to
minimize visibility of the light sources and the amount of light cast towards the residential
neighborhood to the east, which is demonstrated by the photometric plan as there is almost no
light cast east of the building foot print.
8
Signs. The site plan indicates one freestanding sign to be located adjacent to the west site access
to 173rd Street. Section 11-23-19.D of the Zoning Ordinance allows uses within the M-1 District
one freestanding sign per lot not to exceed 100 square feet in area or 20 feet in height. With
walls facing Kenrick Avenue and 173rd Street, one wall sign not to exceed 100 square feet would
be allowed on each elevation, but none is shown on the submitted plans. A sign permit is required
to be issued prior to placement of any sign upon the property in accordance with Section 11-23-
5 of the Zoning Ordinance.
Waste Storage. The applicant’s narrative describes indoor collection of storage of trash and
recycling stored in 2 rooms at the garage level, shown on the building floor plans, negating the
need to address any outdoor waste containers being enclosed in compliance with Section 11-18-
11.B of the Zoning Ordinance.
Park Dedication. Platting of the subject site requires dedication for the City’s park system in
accordance with Section 10-4-8 of the Subdivision Ordinance. The 2015 Parks, Trails, and Open
Space Plan does not identify acquisition of land from the subject site for public park use.
Satisfaction of park dedication requirements is to be met as a cash fee in lieu of land paid at the
time of final plat approval in accordance with Section 11-4-8.J Of the Subdivision Ordinance.
Easements. Section 10-4-4 of the Subdivision Ordinance requires dedication of drainage and
utility easements at the perimeter of the proposed lot and over public stormwater basins or
utilities. Perimeter easements are shown on the preliminary and final plat. Existing public and
private drainage and utility easements are also proposed to be vacated with approval of the
proposed final plat as they no longer serve a public purpose. These and other easements to
overlay public utilities are subject to review and approval of the City Engineer.
Grading. The submittal includes a preliminary grading plan. All grading, drainage, retaining walls,
erosion control and wetland impact/mitigation issues are to be subject to review and approval
of the City Engineer.
Utilities. The subject site is within the current Municipal Urban Service Area (MUSA). Sewer and
water utilities are available to the subject site. The developer has submitted a utility plan for
connection to municipal sewer and water utilities. All utility issues are subject to review and
approval of the City Engineer.
Outlot A. The preliminary plat and final plat include Outlot A which is the portion of the property
being platted that is located south of 173rd Street. Outlot A is guided by the 2040 Comprehensive
Plan for Commercial uses and is zoned C-3, General Commercial District. Outlot A will be retained
under private ownership for future development.
Development Agreement. A condition of final plat approval will require the developer to enter
into a development agreement as drafted by the City Attorney and approved by the City Council
to guarantee completion of all improvements, posting of required securities, and payment of any
fees.
9
CONCLUSION
The proposed Arris apartments development is consistent with the goals and policies of the 2040
Comprehensive Plan for inclusion of multiple family land uses within commercial developments
adjacent to the I-35 corridor in proximity to transit facilities to provide market support for
surrounding business and expand housing choices within Lakeville. Furthermore, the proposed
development complies with the performance standards applicable to multiple family uses within
the M-1 District established by the Zoning Ordinance and Subdivision Ordinance. Findings of fact
supporting the approval of a conditional use permit to allow for the proposed multiple family use
and building section height greater than 48 feet has been drafted for consideration by the
Planning Commission. Our office and City staff recommend approval of the applications subject
to the following stipulations:
1. The subject site shall be developed in accordance with the site and building plans as
approved by the City Council.
2. Any mechanical equipment installed on the building roof shall be screened from view of
Kenrick Avenue, 173rd Street, and the adjacent residential uses in accordance with Section
11-21-13 of the Zoning Ordinance.
3. Dedication of right-of-way for Kenrick Avenue and 173rd Street as shown on the
preliminary and final plat and revision of the final plat to include an outlot for the public
right-of-way to be acquired for the Ultimate I-35/CSAH 50 Interchange shall be subject to
review and approval by the City Engineer.
4. A no parking zone on 173rd Street within the plat shall be designated by resolution of the
City Council to be adopted at the time of final plat approval.
5. The proposed Kenrick Avenue pedestrian crossing at 173rd Street shall be subject to
review and approval of the City Engineer.
6. A deferred parking agreement shall be approved for the 93 proof-of-parking stalls shown
on the site plan.
7. The dimensions and construction specifications for enclosed off-street parking stalls and
drive aisles shall comply with the provisions of Section 11-19-7.I.3 of the Zoning
Ordinance.
8. The landscape plan shall be revised to remove proposed plantings from areas of the
subject site the City has identified for acquisition of right-of-way for Kenrick Avenue and
all plantings shall comply with Section 11-21-9.C of the Zoning Ordinance subject to
review and approval of the City Forester.
10
9. All fences shall comply with Section 11-21-5 of the Zoning Ordinance and require issuance
of a permit subject to review and approval of the Zoning Administrator prior to
installation of any fence upon the property.
10. All signs shall comply with Section 11-23-19.D of the Zoning Ordinance and require a sign
permit prior to placement upon the property, subject to review and approval of the
Zoning Administrator.
11. Any exterior storage of waste containers shall require an enclosure meeting the
requirements of Section 11-18-11.B of the Zoning Ordinance.
12. The final plat shall require satisfaction of park dedication requirements as a cash fee in
lieu of land in accordance with in accordance with Section 11-4-8.J Of the Subdivision
Ordinance.
13. All drainage and utility easements shall be subject to review and approval of the City
Engineer.
14. All grading, drainage, erosion control, and wetland impact/mitigation plans shall be
subject to review and approval of the City Engineer.
15. All utility plans shall be subject to review and approval of the City Engineer.
16. The developer shall enter into a development agreement drafted by the City Attorney and
subject to approval of the City Council prior to approval of a final plat.
c. Justin Miller, City Administrator
David Olson, Community and Economic Development Director
Alex Jordon, Assistant City Engineer
Andrea McDowell-Poehler, City Attorney
EXCEPTIONKENRICK AVENUE173RD STREET WESTE X C E P T I O NEXCEPT
I
O
N
AVENUEARRIS APARTMENTSENGINEERINGSURVEYINGENVIRONMENTALVICINITY MAP173RDST. W.DETAIL ADETAIL BSEE DETAIL ASEE DETAIL B173RDST. W.KENRICK
f:\jobs\8681 - 8700\8689 - kami - lakeville apartments\cad c3d\landscape\8689_tree preservation.dwgSave Date:10/23/20of KAMI HOLDINGS LLC
3120 Woodbury Drive, Suite 100
Woodbury, MN 55125REVISIONSDRAWN BY:DESIGNED BY:ISSUE DATE:08/12/20ARRIS APARTMENTS
Lakeville, MinnesotaName:Signature:Date: 08/12/20 License #:1. 08/14/20 Per OwnerRyan J. Ruttger, RLA56346I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect under thelaws of the State of Minnesota.RJRRJRPRELIMINARY32. 09/11/20 Site App. - City Response3. 10/08/20 Landscape Revisions4. 10/23/20 City Comments5. 11/04/20 City CommentsTREE PRESERVATION PLANTP1
PROPOSED APARTMENTS
4 STORIESR.O.W.10' BLDG SETBACK
30' BLDG SETBACKR.O.W.
R.O.W.
P.L.
173rd St W REQUIRED 50' BUFFERPROPERTY LINE
30' BLDG SETBACK
15' PARKING SETBACK ZONING DISTRICT RS-3PROPERTY LINEZONING DISTRICT C-3
PROPERTY LINE ZONING DISTRICT C-3
Kenrick Ave
3 STORY
3 STORY
ROOF OF
BELOW GRADE
PARKINGFUTURE R.O.W.FUTURE 30' BLDG SETBACK17296 Kenrick Ave, Lakeville, Minnesota 55044
Arris - Lakeville Apartments
SEPTEMBER 11, 2020
CONCEPTUAL SITE PLAN
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
1
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 1 December 2020
RE: Lakeville – Arris Apartments
TPC FILE: 135.01
BACKGROUND
Kami Holdings LLC has submitted applications for development of a 197 unit apartment building
at the northeast quadrant of Kenrick Avenue and 173rd Street. The proposed development
requires consideration of applications for preliminary plat, final plat, a Conditional Use Permit
for multiple family uses within the M-1, Mixed Use I-35 Corridor District, a Conditional Use
Permit for building height greater than 48 feet, site and building plan review, and vacation of
existing public right-of-way and easements.
A public hearing to consider the applications was held by the Planning Commission meeting at
their meeting on 15 October 2020. After receiving input from the public and addressing their
questions and concerns, the Planning Commission recommended approval of the preliminary
plat, conditional use permit, and vacation. The City Council considered the applications at their
meeting on 16 November 2020. The applications were tabled to allow the Developer and City
staff to provide additional information. This memorandum is provided as an addendum to the
report prepared by our office dated 8 October 2020 as a follow-up to the discussion held at the
16 November City Council meeting.
ANALYSIS
Allowed Uses. The subject site is zoned M-1, Mixed Use I-35 Corridor District consistent with
the 2040 Land Use Plan. The M-1 District is designated within the I-35 corridor to allow
primarily for a wide range of commercial development serving both local and regional markets
with opportunity for incorporation of multiple family dwellings.
Commercial businesses allowed as permitted uses within the M-1 District include banks, indoor
commercial recreation and instruction classes, funeral homes, hotels, offices, retail stores,
2
fitness centers, and full-service restaurants. Permitted uses require only administrative site
and building plan review by City staff without consideration by the Planning Commission or City
Council or notice to surrounding property owners.
Potential conditional uses within the M-1 District that are subject to review by the Planning
Commission and approval of the City Council following a public hearing includes multiple family
dwellings as well as minor auto repair, car washes, daycare, preschool or adult education
facilities, convenience restaurants, motor fuel facilities, residential care facilities and senior
housing, religious facilities and theaters, and veterinary clinics.
The table below compares the proposed development of the subject site with the proposed
Arris Apartments multiple family building and a potential office building with the same floor
area to demonstrate the relative intensity of each use. The conclusion to be drawn from the
table below is that a commercial use of the subject site has potential to be much more
intensive in terms of the mass and height, impervious surface, exterior lighting, and traffic
generation than the proposed residential use.
Proposed Multiple
Family Use
197du.
Office
Use
Maximum du/sf. 218 du. No limit
Maximum lot coverage 0.7 FAR No limit
Maximum building height 4 stories 6 stories
Setback required from RS District 50ft. 30ft.
Landscape buffer yard required Yes Yes
Off-street parking required 2 stalls/du.
or 394 stalls
1 stalls/200sf.
or 918 stalls
ITE Traffic Generation 1,066 trips/day 2,244 trips/day
Conditional uses are those activities allowed within the M-1 District subject to certain
additional performance standards meant to off-set potential negative impacts or address
potential compatibility issues with surrounding uses. The City has some discretion to evaluate
a conditional use for consistency with the adopted goals and policies of the Comprehensive
Plan and compatibility with surrounding uses, but generally if a proposed development
demonstrates compliance with established performance standards and adequate utility and
transportation infrastructure is in place, the proposed conditional use must be approved. The
proposed development includes the following elements meant to address policies of the
Comprehensive Plan to provide land use transitions and proper buffering between distinctly
different types of land uses such as the subject site and the existing residential neighborhood to
the east:
The proposed 197 dwelling units are less than the 218 dwelling units that would be
allowed based on the area of the subject site.
3
The floor area the proposed building is almost 50,000 square feet less than is allowed
based on the area of the subject site and floor area ratio limit of 0.7.
The first floor of dwelling units is setback 90 feet from the east property line (or 80
percent greater than the minimum 50 feet required).
The height of the building closest to the east property line is 3 stories and steps up to 4
stories on the west side of the property closest to I-35 to minimize the height of the
building as viewed from the residential properties to the east.
The landscape plan provides for vegetative screening within the yard between the
proposed building and residential uses to the east and surrounding the outdoor
recreation area. The developer will be required to implement the recommendations of
the City Forester for improving the health of existing significant trees within this yard.
And, the City will require a 2 year guarantee that the landscaping within the buffer yard
is maintained to be alive and healthy after planting.
The developer is proposing to limit use of the outdoor pool to the hours of 8:00AM to
9:00PM that are more restrictive than MPCA nighttime noise hours of 10:00PM to
7:00AM. The fence along the east edge of the pool is also to be increased from 6 feet
to 8 feet as allowed by the Zoning Ordinance to further minimize noise being directed to
the east.
Freestanding light fixtures are proposed to be 23 feet in height versus 35 feet in height
allowed by the Zoning Ordinance. The photometric lighting plan for the exterior
lighting shown on the subject site indicates that there is almost no light cast to the east
of the proposed building.
Access. The subject site abuts Kenrick Avenue and 173rd Street. Kenrick Avenue is designated
as a Major Collector street and 173rd Street as a local street by the 2040 Transportation Plan.
The developer has provided a traffic study and the City Engineer has stated that the traffic
study appropriately adjusts projected traffic volumes on Kenrick Avenue and 173rd Street to
account for current COVID-19 Pandemic conditions. The traffic study concludes that existing
streets accessing the subject site have adequate capacity to accommodate traffic generated by
the proposed use.
The City Engineer has reviewed comments raised by the City Council and public regarding traffic
congestion and visibility at the intersection of Kenrick Avenue and 173rd Street. To avoid traffic
congestion, the City Engineer recommends that a right turn lane be constructed for westbound
173 Street to northbound Kenrick Avenue and for northbound Kenrick Avenue to eastbound
173rd Street. The addition of the turn lanes will also have the effect of expanding the visibility
corridors at the intersection allowing turning vehicles better opportunity to see approaching
traffic.
4
A suggestion was also made to consider revising the site plan to be accessed through the Fleet
Farm parking lot to Kenrick Avenue. City staff requested the developer approach Fleet Farm on
this issue, which they did, and they received a negative response. The subject site exists as lots
of record abutting an existing improved public street. The Zoning Ordinance states that
properties are allowed at least one access and are required to access a public street. The
proposed driveways to 173rd Street comply with the location criteria established by the Zoning
Ordinance. Under these circumstances, the City cannot deny access to 173rd Street for a
proposed development of the subject site. Issues related to headlight wash cast towards the
residential area to the east are more a function of the street design that would occur whether
the subject site is developed as proposed or with a permitted or conditional commercial use
and are beyond the scope of review of this specific development application.
Off-Street Parking. The Zoning Ordinance requires the proposed multiple family use to provide
a minimum of 2.0 parking stalls per dwelling unit, with at least 1.0 parking stalls per dwelling
unit constructed as an enclosed space below the building within the M-1 District. The site and
building plans proposed by the developer provide for 394 off-street parking stalls as required by
the Zoning Ordinance. The Zoning Ordinance does not specify that 1 enclosed off-street
parking stall must be provided with the apartment lease. The City can only require one of the
enclosed parking stalls be provided with the lease of each unit as a stipulation for approval of a
reduction in required parking to less than 2.0 stall per dwelling unit, which does not apply to
this application.
The traffic analysis submitted by the developer includes an evaluation of off-street parking for
the proposed development based on information from the Institute of Transportation
Engineers. The parking evaluation reasonably concludes that the proposed apartment building,
which has 1.4 bedrooms per dwelling unit, would have adequate off-street parking with 301
parking stalls (197 enclosed and 104 surface stalls). However, the Planning Commission
recommended that either 1 enclosed parking stall be provided with the lease of each unit as a
condition of a reduction in required off-street parking stalls or that all 394 parking stalls be
constructed with the initial development.
The developer has elected to construct the 394 parking stalls meeting the requirements of the
Zoning Ordinance. Not only do the number of proposed parking stalls comply with the
requirements of the Zoning Ordinance, but the traffic and parking analysis indicates that there
will be a surplus of off-street parking based on the mean number of bedrooms per unit within
the proposed building addressing concerns about potential parking occurring on public streets.
City staff continues to recommend that 173rd Street be posted as a no parking zone and will
also manage construction parking appropriately to maintain traffic flow on the street. In the
unlikely event that on-street parking related to the proposed building were to spill over into the
residential neighborhood, the City could consider additional parking zone actions and
enforcement.
5
CONCLUSION
The proposed Arris apartments development is consistent with the goals and policies of the
2040 Comprehensive Plan for inclusion of multiple family land uses within commercial areas
that are nearby transit facilities within the I-35 corridor. The proposed use will provide support
for existing and future transit, market support for surrounding businesses, and expand housing
options in Lakeville. The intensity of a residential use developed on the subject site is
potentially significantly less than that of a commercial use allowed within the M-1 District upon
the same property without the level of review required for a conditional use. The proposed
development complies with the specific performance standards of the M-1 District for
allowance of residential uses and site and building plans reflect many measures taken to
address potential compatibility issues between the subject site and adjacent residential
neighborhood to the east. Our office and City staff recommend approval of the applications
subject to the following stipulations:
1. The subject site shall be developed in accordance with the site and building plans as
approved by the City Council.
2. Any mechanical equipment installed on the building roof shall be screened from view of
Kenrick Avenue, 173rd Street, and the adjacent residential uses in accordance with
Section 11-21-13 of the Zoning Ordinance.
3. Dedication of right-of-way and construction of turn lanes for Kenrick Avenue and 173rd
Street as shown on the preliminary and final plat plans shall be subject to review and
approval by the City Engineer.
4. A no parking zone on 173rd Street within the plat shall be designated by resolution of
the City Council to be adopted at the time of final plat approval.
5. The developer shall construct a sidewalk from 173rd Street to 175th Street on the east
side of Kenrick Avenue, subject to review and approval of the City Engineer.
6. The dimensions and construction specifications for enclosed off-street parking stalls and
drive aisles shall comply with the provisions of Section 11-19-7.I.3 of the Zoning
Ordinance.
7. The landscape plan shall be subject to review and approval of the City Forester and the
following:
a. All new plants shall be guaranteed for 24 months from the time planting has
been completed.
b. All plants shall be alive, in good health, of good quality and structural condition,
and insect and disease free at the end of the warranty period or be replaced.
6
c. Any replacements shall be warranted for 12 months from the time of planting.
8. The fence surrounding the outdoor pool area shall be constructed to a height of 8 feet
on its east side, comply with Section 11-21-5 of the Zoning Ordinance, and require
issuance of a permit subject to review and approval of the Zoning Administrator prior to
installation of any fence upon the property.
9. All signs shall comply with Section 11-23-19.D of the Zoning Ordinance and require a
sign permit prior to placement upon the property, subject to review and approval of the
Zoning Administrator.
10. Any exterior storage of waste containers shall require an enclosure meeting the
requirements of Section 11-18-11.B of the Zoning Ordinance.
11. The final plat shall require satisfaction of park dedication requirements as a cash fee in
lieu of land in accordance with in accordance with Section 11-4-8.J Of the Subdivision
Ordinance.
12. All drainage and utility easements shall be subject to review and approval of the City
Engineer.
13. All grading, drainage, erosion control, and wetland impact/mitigation plans shall be
subject to review and approval of the City Engineer.
14. All utility plans shall be subject to review and approval of the City Engineer.
15. The developer shall enter into a development agreement drafted by the City Attorney
and subject to approval of the City Council prior to approval of a final plat.
c. Justin Miller, City Administrator
David Olson, Community and Economic Development Director
Alex Jordon, Assistant City Engineer
Andrea McDowell-Poehler, City Attorney
City of Lakeville
Public Works – Engineering Division
Memorandum
To: Daryl Morey, Planning Director
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
Dave Olson, Community and Economic Development Director
Date: October 26, 2020
Subject: Arris Apartments
• Preliminary Plat Review
• Final Plat Review
• Site Plan Review
• Grading and Erosion Control Plan Review
• Utility Plan Review
• Easement and Right-of-Way Vacation
• Conditional Use Permit
BBAACCKKGGRROOUUNNDD
Kami Holdings, LLC has submitted a preliminary and final plat named Arris Apartments and a
site plan and conditional use permits to construct a four-story 197-unit apartment building.
The proposed development is located east of and adjacent to Kenrick Avenue and north of
and adjacent to 173rd Street. The parent parcels consist of portions of Lots 4, 5 and 8, Argonne
Farms and Outlots D and E, Argonne Estates zoned M-1, Mixed Use I-35 Corridor District.
The preliminary and final plat consists of one lot within one block and two outlots on 15.36
acres.
AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT
OOCCTTOOBB EERR 2266,, 22002200
PPAAGGEE 22 OOFF 1100
The outlots created with the preliminary and final plats shall have the following uses:
Outlot A: Future Kenrick Avenue right-of-way; to be retained by the Developer (0.50
acres)
Outlot B: Future development; to be retained by the Developer (3.99 acres)
The proposed development will be completed by:
Developer: Kami Holdings, LLC
Engineer/Surveyor: Carlson McCain
SSIITTEE CCOONNDDIITTIIOONNSS
The existing site consists of multiple previous uses since removed, such as a hotel and
associative parking improvements, and single-family homesteads. The Developer shall
remove the existing retaining walls, fence, driveway entrances on Kenrick Avenue and any
other encroachments with the development of the site. The Developer shall post a $25,000
security to guarantee the removal of the site improvements with the final plat. The site
contains significant trees scattered throughout the site, including buffer yard landscaping
along the east portion of the parent parcels.
EEAASSEEMMEENNTT VVAACCAATTIIOONN
Several existing public and private easements exist on the parent parcels. The Developer shall
vacate the following public easements with the final plat:
• Utility Easement per Document No. 119477 (as embraced within the surveyed
boundary)
• Utility Easement per Document No. 121195 (as embraced within the surveyed
boundary)
• Utility Easement per Document No. 118342 (as embraced within the surveyed
boundary)
• Road, drainage and utility easement per Doc. No. 268360 (as embraced within the
surveyed boundary)
• Slope easement per Doc. No. 176067
• Temporary Easement No. 1, as shown on Lakeville Right of Way Map No. 4
• Hibbard Highway Right-of-Way
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT
Kenrick Avenue
Arris Apartments is located east of Kenrick Avenue, a major collector roadway as identified by
the City’s Transportation Plan. Kenrick Avenue is currently constructed as a three-lane urban
roadway with a five-foot wide concrete sidewalk on the west side of the roadway and a five-
foot wide concrete sidewalk on the east side of the roadway north of 173rd Street. The
Developer is dedicating the necessary right-of-way for the interim Kenrick Avenue
AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT
OOCCTTOOBB EERR 2266,, 22002200
PPAAGGEE 33 OOFF 1100
improvements, as shown on the preliminary and final plat. The Developer prepared a traffic
study which has been reviewed by the City’s Traffic Engineering consultant. The study
identifies that the adjacent roadways have adequate capacity to support the traffic generated
by the proposed development.
The City of Lakeville adopted an Official Map for CSAH 50/CSAH 5 on March 9, 2004. The
Official Map was developed to identify the ultimate right of way needs for the future I-
35/CSAH 50 Ultimate Interchange Improvements. The Official Map allows the City to control
proposed development in the interchange area and to influence development of the
adjacent parcels.
The City provided the Developer with the linework for the future right-of-way for Kenrick
Avenue, as adopted and shown on the Official Map. The proposed building location was
established to meet the future set-back requirements from the future right-of-way necessary
for construction of the Ultimate Interchange improvements. The Developer shall plat the area
of the future right-of-way as an outlot as shown on the final plat (Outlot A). The ultimate
right-of-way would be acquired by the City in the future at the time the Ultimate Interchange
Improvements are included in the City’s Capital Improvement Plan.
173rd Street
Arris Apartments is located north of 173rd Street, a local roadway as identified by the City’s
Transportation Plan. 173rd Street is currently constructed as a two-lane urban roadway with a
five-foot wide concrete sidewalk on the north side of the roadway. The Developer is
dedicating the necessary right-of-way for 173rd Street as shown on the preliminary and final
plat. The City shall approve a resolution establishing no parking along both sides of 173rd
Street with the final plat and the Developer shall install no-parking signs.
SSIITTEE PPLLAANN
Arris Apartments includes the construction of a 197-dwelling unit four-story apartment
building. Access to the site will be from two driveway entrances along 173rd Street. The
driveway design includes commercial concrete driveway aprons, stop signs, stop bars and
pedestrian curb ramps. The Developer shall provide a $10,000 security with the final plat for
the construction of the commercial driveway entrances.
An underground parking garage for the apartment building and an at-grade parking lot will
be constructed to provide for resident, employee and guest parking. Access to the
underground parking garage will be from the west and east sides of the apartment building.
The Developer will construct private sidewalk improvements connecting to the public
sidewalk along 173rd Street.
AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT
OOCCTTOOBB EERR 2266,, 22002200
PPAAGGEE 44 OOFF 1100
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress and parking for grading, utility, building and street
construction shall be determined with the final construction plans prior to construction. No
construction traffic will be permitted east of the development along 173rd Street.
PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS
The Park Dedication requirement for the parent parcels has not been paid and will be satisfied
through a cash contribution with the final plat, calculated as follows:
197 units x $2,352.00 = $463,344.00
Total Units
In Arris Apartments
2020 Park Dedication Fee Park Dedication Requirement
The Park Dedication requirement for Outlot B will be collected at the time it is final platted
into lots and blocks.
Kenrick Avenue is a major collector roadway and consistent with the City’s Transportation
Plan, the Developer shall construct a 6-foot wide sidewalk along the east side of Kenrick
Avenue from 173rd Street to 175th Street. The Developer shall deed to the City a permanent
sidewalk easement with the final plat for the portion of the sidewalk outside of the right-of-
way on Outlot B, prior to recording the final plat. The sidewalk improvements will provide a
pedestrian connection from the proposed high-density housing to the existing commercial
development in Argonne Village. The City will reimburse the Developer for the cost of the
sidewalk improvement as follows:
• $76,237.50 with the final plat as a credit to the Park Dedication requirement. The
Developer shall reimburse the City for the full amount of the cost ($76,237.50) of the
sidewalk adjacent to Outlot B at the time Outlot B, Arris Apartments is final platted into
lots and blocks.
• $30,762.50 with the final plat as a credit to the Park Dedication requirement. The City is
100% responsible for the costs of the sidewalk improvements outside of the plat
boundary adjacent to the City’s Fire Station Number 3 (PID No. 221185000161).
UUTTIILLIITTIIEESS
SSAANNIITTAARRYY SSEEWWEERR
Arris Apartments is located within subdistrict OL-54100 of the Orchard Lake sanitary sewer
district as identified in the City’s Comprehensive Sanitary Sewer Plan. Wastewater will be
conveyed via existing trunk sanitary sewer to the Empire Wastewater Treatment Facility. The
downstream facilities have sufficient capacity to serve the proposed commercial
development.
Development of Arris Apartments includes construction of a private sanitary sewer service
connecting to existing sanitary sewer manhole within 173rd Street. The Developer shall
AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT
OOCCTTOOBB EERR 2266,, 22002200
PPAAGGEE 55 OOFF 1100
provide a $15,000 security with the final plat for the connection to the public sanitary sewer
and restoration of the public roadway and right-of-way.
Two of the parent parcels were previously assessed for sanitary sewer lateral, area and unit
charges. The Developer shall be eligible to receive 22-unit credits to be credited from the
Sanitary Sewer Connection Charges to be collected with the building permit. The Sanitary
Sewer Availability Charge was previously paid and will not be required to be collected with
the building permit.
The Developer shall pay the Lateral Sanitary Sewer Charge, which was previously unassessed
adjacent to PID No. 22-11825-00-050, calculated as follows:
469.58 l.f. x $41.50/l.f. = $19,487.57
Sanitary Sewer Length adjacent
to PID No. 22-11825-00-050
Lateral
Sanitary Sewer
Charge
Total
WWAATTEERRMMAAIINN
Development of Arris Apartments includes the construction of a private watermain
connecting to the existing watermain along 173rd Street at the proposed east driveway
entrance. The Developer shall loop the watermain within the site to provide a second
connection to the watermain within 173rd Street. These improvements must be shown on the
final uti lity plan prior to City Council consideration of the final plat. The Developer must
remove the existing water service stubs located within the parent parcels that will not be
used and post a $10,000 security with the final plat for their removal, consistent with City’s
Construction Specifications.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City
staff with the building permit application and final construction plans.
Two of the parent parcels were previously assessed for watermain lateral, area and unit
charges. The Developer shall be eligible to receive 22-unit credits to be credited from the
Watermain Unit Charges to be collected with the building permit.
The Developer shall pay the Lateral Watermain Charge, which was previously unassessed
adjacent to PID No. 22-11825-00-050, calculated as follows:
469.58 l.f. x $48.00/l.f. = $22,539.84
Watermain Length adjacent to
PID No. 22-11825-00-050
Lateral
Watermain
Charge
Total
OOVVEERRHHEEAADD LLIINNEESS
There are no overhead utilities located within the final plat.
DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT
OOCCTTOOBB EERR 2266,, 22002200
PPAAGGEE 66 OOFF 1100
Arris Apartments is located within subdistrict CL-030a of the Crystal Lake stormwater district
and OL-060 of the Orchard Lake stormwater district as identified in the City’s Water and
Natural Resources Managemen t Plan.
Development of Arris Apartments includes the construction of two privately owned and
maintained filtration basins. The private filtrations basin will be located on Lot 1, Block 1 and
will treat runoff generated from the proposed improvements. The Developer shall sign a
private maintenance agreement for the filtration basin and dedicate a maintenance easement
over the basin areas prior to City Council consideration of the final plat. The stormwater
management design is con sistent with City requ irements.
The grading plan identifies construction outside of the plat boundary on PID (224860001040).
The Developer shall furnish to the City temporary construction easements prior to recording
the final plat or redesign the grading plan to ensure impacts are not located on private
property. Additionally, the adjacent property owner is required to enter into the Stormwater
Maintenance Agreement if the design were to be approved as proposed.
Following completion of the site improvements and restoration, the Developer shall conduct
two double ring infiltrometer tests in the location of the filtration basins to demonstrate that
the design infiltration rates have been achieved. The Developer shall provide a $10,000
security with the final plat to ensure that this testing is completed.
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 Certificates of Occupancy will
not be issued until a soils report and an as-built certified grading plan have been submitted
and approved by City staff.
Arris Apartments contains more than one acre of site disturbance. A National Pollution
Discharge Elimination System General Stormwater Permit for construction activity is required
from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed
by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the
City upon receipt from the MPCA.
SSTTOORRMM SSEEWWEERR
Development of Arris Apartments includes the construction of a privately owned and
maintained storm sewer system.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and must
be paid with the final plat, calculated as follows:
339,993 s.f. x $0.198/s.f. = $67,318.61
Net Area of Arris
Apartments
Area Charge Total
AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT
OOCCTTOOBB EERR 2266,, 22002200
PPAAGGEE 77 OOFF 1100
The Crystal Lake Surcharge has not been collected on the parent parcels and must be paid
with the final plat, calculated as follows:
339,993 s.f. x $0.0153/s.f. = $5,501.89
Net Area of Arris
Apartments
Area Charge Total
The remainder of the Trunk Storm Sewer Area Charge and Crystal Lake Surcharge will be
collected at the time Outlot B is final platted into lots and blocks.
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the
building permit application and final construction plans.
RREETTAAIINNIINNGG WWAALLLLSS
Development of Arris Apartments includes the construction of two privately owned and
maintained retaining walls. Retaining walls with a combined height greater than four feet
shall be designed by a registered geotechnical or structural engineer and constructed in
accordance with plans and specifications consistent with MnDOT requirements. A separate
building permit from the City’s Building Official is required prior to the construction of the
wall. The walls shall be inspected during construction and certified by the design engineer
following construction. A $50,000 security shall be submitted with the final plat for the
construction and certification of the proposed retaining walls.
FEMA FLOODPLAIN ANALYSIS
Arris Apartments is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal
Emergency Management Agency (FEMA). Based on this designation, there are no areas in the
plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA.
WWEETTLLAANNDDSS
The wetland delineation for the site was conducted on 05/30/2019 by Kjolhaug
Environmental Services. An onsite visit occurred 7/15/2019. There were several areas
investigated on the property. One wetland was identified within the project boundaries. No
wetland impacts are proposed with the preliminary plat. The wetland on the site is located in
Outlot B and shall be deeded to the City in an outlot at the time Outlot B is final platted into
lots and blocks.
TTRREEEE PPRREESSEERRVVAATTIIOONN
A tree preservation plan has been submitted. The plan shows a total of 748 significant trees
within the project area. The plan proposes to remove 698 trees (93.3%). The tree totals do not
include any trees within Outlot B. A tree preservation plan will be required to be prepared for
Outlot B is final platted into lots and blocks.
AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT
OOCCTTOOBB EERR 2266,, 22002200
PPAAGGEE 88 OOFF 1100
All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per
the Lakeville Subdivision Ordinance. If there are any additional trees that are identified as
needed to be removed during the construction process the developer will be responsible for
the removal.
EERROOSSIIOONN CCOONNTTRROOLL
The plans include a detailed erosion and sediment control plan. The Developer is responsible
for meeting all the requirements of the MPCA Construction Permit. 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.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer-installed
improvements relating to the Arris Apartments.
CONSTRUCTION COSTS
Public Storm Sewer Connection
Public Sanitary Sewer and Watermain Connections
Watermain Service Abandonment
Driveway Entrances
Kenrick Avenue Sidewalk
Stormwater and filtration basin grading, erosion control,
and site restoration
5,000.00
25,000.00
10,000.00
10,000.00
107,000.00
25,000.00
SUBTOTAL - CONSTRUCTION COSTS $182,000.00
OTHER COSTS
Developer’s Design (3.0%) $5,460.00
Developer’s Construction Survey (2.5%) 4,550.00
City’s Legal Expense (0.5%) 910.00
City Construction Observation (5.0%) 9,100.00
Developer’s Record Drawing (0.5%) 910.00
Encroachment Removals
Retaining Walls
Infiltration Basin Testing
Landscaping
25,000.00
50,000.00
10,000.00
250,000.00
Street Lights 2,800.00
Lot Corners/Iron Monuments 300.00
SUBTOTAL - OTHER COSTS $359,030.00
TOTAL PROJECT SECURITY $ 541,030.00
The street light security totals $2,800 which consists of two mast-arm street lights at $1,400
each.
AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT
OOCCTTOOBB EERR 2266,, 22002200
PPAAGGEE 99 OOFF 1100
The Developer shall post a security to ensure the final placement of iron monuments at
property corners with the final plat. The security is $100.00 per lot and outlot for a total of
$300.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all
irons have been placed following site grading, street and utility construction.
CCAASSHH FFEEEESS
A cash fee of $3,200 for traffic control signs is due with the Arris Apartments. If the street signs
are installed during frost conditions, the developer shall pay an additional $150.00 for each
street sign location.
A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat
approval and is calculated as follows:
776.51 lf x $.2832/ff/qtr. x 4 qtrs. = $879.63
173rd St Frontage Streetlight Operating Fee Total
A cash fee for one-year of environmental resources expenses shall be paid at the time of final
plat approval and is calculated as follows:
197 units x $16.54/unit/qtr. x .25 x 4 qtrs. = $3,258.38
Residential Units Environmental Resources
Fee Utility
Factor
A cash fee for the preparation of record construction drawings and for upgrading the City
base map shall be paid at the time of final plat approval and is calculated as follows:
3 units x $90.00/unit = $270.00
Lots/Outlots City Base Map Updating Fee Total
The Developer shall submit the final plat and construction drawings in an electronic format.
The electronic format shall be in either .dwg (AutoCAD) or .dxf format.
The Developer shall also pay a cash fee for City Engineering Administration. The fee for City
Engineering Administration will be based on three percent (3.00%) of the estimated
construction cost, or $5,250.00.
CASH REQUIREMENTS
Park Dedication Fee
Lateral Watermain Access Charge
Lateral Sanitary Sewer Access Charge
Trunk Storm Sewer Area Charge
$463,344.00
22,539.84
19,487.57
67,318.61
Crystal Lake Surcharge
Traffic Control Signs
5,201.89
3,200.00
Streetlight Operating Fee 879.63
Environmental Resources Fee 3,258.38
AARRRRIISS AAPPAARRTTMMEENNTTSS –– PPRREELLIIMMIINNAARRYY AA NNDD FFIINNAALL PPLLAATT
OOCCTTOOBB EERR 2266,, 22002200
PPAAGGEE 1100 OOFF 1100
City Base Map Updating Fee 270.00
City Engineering Administration (3.00%) 5,460.00
SUBTOTAL - CASH REQUIREMENTS 590,959.92
CREDITS TO CASH REQUIREMENTS
Off-site sidewalk construction – Outlot B (Park Dedication)
Off-site sidewalk construction – City Property (Park Dedication)
76,237.50
30,762.50
TOTAL - CREDITS $100,700.00
TOTAL - CASH REQUIREMENTS $483,959.92
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the preliminary plat, final plat, site plan, grading and
erosion control plan, utility plan, tree preservation plan and easement/right-of-way vacation
for Arris Apartments, subject to the requirements and stipulations within this report.