HomeMy WebLinkAboutItem 10March 3, 2011 Item No.
HOSANNA 4 111 ADDITION
MARCH 7, 2011 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve: a) a resolution approving a
Comprehensive Plan amendment to re -guide property to High Density Residential, b) an ordinance
rezoning property from RM -1 and RM -2, Medium Density Residential District to PUD, Planned Unit
Development District, c) a resolution approving the Hosanna 4 Addition preliminary and final plat and, d)
a resolution vacating public drainage and utility easements and adopt the findings of fact as presented.
Adoption of this motion will allow the development of a 93 unit senior housing facility connected to
Hosanna Lutheran Church.
Overview
Representatives of Hosanna Lutheran Church and Ebenezer Management Services have submitted
plans to develop a 93 unit senior housing facility located on the Hosanna Lutheran Church property at
9600 — 163 Street. Hosanna 4 Addition proposes a senior housing facility consisting of 22 independent
living units, 47 assisted living units and 24 memory care units as well as the future construction of a
chapel and classroom addition to the church.
The Planning Commission held a public hearing and unanimously recommended approval of the Hosanna
4 Addition planning at their February 17, 2011 meeting with the 15 stipulations listed in the February 11,
2011 planning report as amended. Revised grading, erosion control, landscaping, site plan, master site
plan, floor plan and parking lot lighting plans have been submitted to reflect the amended stipulations
recommended by the Planning Commission.
Primary Issues To Consider
• Why have the preliminary and final plat plans been revised?
• What private easements are required for the Hosanna 4 Addition?
• What flexibilities are being requested with the proposed Planned Unit Development?
Supporting Information
• Resolution approving a Comprehensive Plan amendment
• Ordinance rezoning property to PUD, Planned Unit Development
• Resolution approving the Hosanna 4 Addition preliminary and final plat
• Resolution vacating public drainage and utility easements
• Signed Development Contract and Planned Unit Development Agreement
• Findings of fact
• Revised plans for grading, erosion control, landscaping, site, master site,floor and parking lot lighting.
• February 17, 2011 Planning Commission meeting minutes
• February 16, 2011 Parks, Recreation and Natural Resources Committee minutes
• February 16, 2011 Dakota County Plat Commission letter
• February 11, 2011 planning and engineering reports
t
Frank Dempsey, AICP, As�ociat / er
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):Zoning and Subdivision Ordinances and Comprehensive Plan.
Notes:
Hosanna 4 Addition
March 4, 2011
Page 2 of 2
Response to the Primary Issues to Consider.
• Why have the preliminary and final plat plans been revised?
The Planning Commission recommended that raised curb landscaped islands be
installed on the new parking lot west of the proposed senior housing facility as
required by the Zoning Ordinance, that the lighting plan reflect the revised design of
the parking lot and that the underground parking plan reflect the 18.5 foot deep
parking spaces. The revised plans reflect the Planning Commission's
recommendations.
• What private easements are required for the Hosanna 4 Addition?
A private easement and maintenance agreement is required between Hosanna and
Ebenezer to allow shared access, shared parking and the senior housing monument
sign to be located on Hosanna property. The easement has been submitted.
• What flexibilities are being requested with the proposed Planned Unit Development?
1. Building height in excess of 35 feet for the senior housing facility
2. Interconnection of buildings across property lines
3. Underground parking stall depth of 18.5 feet
4. Shared parking and driveways across property lines
5. Monument sign for the senior housing facility to be located on Hosanna Lutheran
Church property.
2
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT
TO CHANGE THE LAND USE DESIGNATION OF PROPERTY FROM PUBLIC
AND QUASI PUBLIC TO HIGH DENSITY RESIDENTIAL
WHEREAS, on February 17, 2011, the Lakeville Planning Commission met
to consider the application of Hosanna Lutheran Church for a Comprehensive
Plan amendment to change the land use designation of property from Public and
Quasi Public to High Density Residential to allow the construction of a 93 unit
senior housing facility. The Planning Commission conducted a public hearing on
the proposed Comprehensive Plan Amendment preceded by published and
mailed notice; and
WHEREAS, the proposed Comprehensive Plan Amendment has been
submitted to adjacent governmental units and the affected school district and no
objections have been expressed; and
WHEREAS, the City Council has considered the proposed Comprehensive
Plan amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville,
Minnesota:
1. The Comprehensive Plan amendment will not have a substantial impact on or
contain a substantial departure from Metropolitan System Plans.
2. The Comprehensive Plan amendment is hereby approved, contingent
upon the approval of the Comprehensive Plan amendment to the
Metropolitan Council.
DATED this 7 day of March 2011.
ATTEST:
BY:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. is a true and correct
copy of the resolution presented to and adopted by the City Council of the City of
Lakeville at a duly authorized meeting thereof held on the 7 day of March
2011, as shown by the minutes of said meeting in my possession.
Charlene Friedges, City Clerk
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
(SEAL)
2
Section 1. Ordinance No. 867 is hereby amended to rezone the following
described property located within the City of Lakeville, Dakota County, Minnesota
from RM -1 and RM -2, Medium Density Residential District to PUD, Planned Unit
Development District:
Section 2. The zoning map of the City of Lakeville shall not be republished to
show the aforesaid rezoning, but the City Clerk shall appropriately mark the
zoning map on file in the City Clerk's office for the purpose of indicating the
rezoning, hereinabove shown thereon are hereby incorporated by reference and
made a part of this Ordinance.
Section 3. This ordinance shall be effecting upon its passage and publication,
Metropolitan Council approval of the Comprehensive Plan amendment for the
subject property and the recording of the Hosanna 4 Addition final plat.
Adopted by the Lakeville City Council this 7 day of March, 2011.
ATTEST:
AN ORDINANCE AMENDING ORDINANCE NO. 867
BEING THE ZONING ORDINANCE OF THE CITY OF LAKEVILLE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Charlene Friedges, City Clerk
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
Lots 1 and 2, Block 1, Hosanna 4 Addition
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
RESOLUTION NO. 11-
RESOLUTION APPROVING THE PRELIMINARY AND
FINAL PLAT OF HOSANNA 4 ADDITION
WHEREAS, the owner of the property described as HOSANNA 4
ADDITION has requested preliminary and final plat approval; and
WHEREAS, the preliminary and final plat was reviewed by the Planning
Commission and the Parks, Recreation and Natural Resources Committee; and
WHEREAS, the preliminary and final plat is acceptable to the City;
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. The HOSANNA 4 ADDITION preliminary and final plat is approved
subject to the developer's execution of the development contract and
planned unit development agreement and security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development
contract and planned unit development agreement and the final plat mylars
following Metropolitan Council approval of the Comprehensive Plan
Amendment.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
DATED this 7 th day of March, 2011
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 7 th day of March, 2011
as shown by the minutes of said meeting in my possession.
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
CITY OF LAKEVILLE
Mark Bellows, Mayor
Charlene Friedges
City Clerk
(SEAL)
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
RESOLUTION NO. 11
RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS
WHEREAS, the Planning Commission has conducted a public hearing, preceded by
two (2) weeks published notice, to consider the following described public drainage and
utility easement vacation; and
WHEREAS, the City Council has determined that it is in the public interest to vacate
said public drainage and utility easements.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
ATTEST:
1. The following public drainage and utility easements are hereby vacated subject to
the recording of the Hosanna 4 Addition final plat:
All public drainage and utility easements within Hosanna Third Addition.
2. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
DATED this 7 day of March, 2011.
BY:
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
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 7 day of March, 2011 as
shown by the minutes of said meeting in my possession.
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Charlene Friedges
City Clerk
Seal
(reserved for recording information)
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
HOSANNA 4 ADDITION
AGREEMENT dated , 2011, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ( "City "), and EBENEZER MANAGEMENT SERVICES,
INC., a Minnesota corporation (the "Developer ").
1. REQUEST FOR PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The
Developer has asked the City to approve a plat and planned unit development for HOSANNA 4 TH ADDITION
(referred to in this Contract as the "plat "). The land is situated in the County of Dakota, State of Minnesota,
and is legally described as:
Outlot A and Lot 1, Block 1, HOSANNA 3 ADDITION,
according to the recorded plat thereof
2. CONDITIONS OF PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The City
hereby approves the plat and planned unit development 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.
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3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth, remove trees, 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 necessary security
has been received by the City, and 3) the plat has been filed with the Dakota County Recorder's 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 charges, sanitary sewer charges,
and storm sewer charges referred to in this Contract are not being imposed on outlots, if any, in the plat
that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such
charges will be calculated and imposed when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City's
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C and D, the
plans may be prepared, subject to City approval, after entering the Contract, but before commencement of
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any work in the plat. The erosion control plan may also be approved by the Dakota County Soil and Water
Conservation District. If the plans vary from the written terms of this Contract, the written terms shall
control. The plans are:
Plan A — Plat
Plan B — Final Grading, Drainage, and Erosion Control Plan
Plan C — Tree Preservation Plan
Plan D — Master PUD Site Plan
Plan E — Plans and Specifications for Public and Private Improvements
Plan F — Landscape Plan
Plan G — Site Plan
Plan H — Site Lighting Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Private Sanitary Sewer Service
B. Private Water Service
C. Public and Private Storm Sewer System
D. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
E. Underground Utilities
F. Setting of Iron Monuments
G. Surveying and Staking
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the
City Code concerning erosion and drainage and Section 4 -1 -4 -2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
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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 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 his 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 505.02, 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.
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, including but not limited to:
• Dakota County for County Road Access and Work
• Minnesota Department of Health for Watermains
• NPDES Permit for Stormwater Connections
• MPCA for Sanitary Sewer and Hazardous Material
• DNR for Dewatering
• City of Lakeville for Building Permits
• MCES for Sanitary Sewer Connections
• City of Lakeville for Retaining Walls
in County Rights -of -Way
Removal and Disposal
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11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public and private
improvements by November 30, 2011.
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 excavation
and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area
that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except
as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current
seeding specification which may include certified oat seed to provide a temporary 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 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
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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.
15. GRADING PLAN. 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.
Prior to the issuance of 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
basins, swales, and ditches have been constructed on public easements or land owned by the City. The
"as constructed" plan shall include field verified elevations of the following: a) cross sections of storm water
treatment basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any,
ditches, locations and dimensions of borrow areas /stockpiles, and installed "conservation area" posts; and
c) lot corner elevations and building pads, and all other items listed in City Code Section 10- 3 -5.NN. The
City will withhold issuance of a certificate of occupancy until the approved certified grading plan is on file
with the City and all erosion control measures are in place as determined by the City Engineer. The
Developer certifies to the City that all lots with building footings placed on fill have been monitored and
constructed to meet or exceed FHA/HUD 79G specifications.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, 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
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include monitoring of construction observation, consultation with Developer and his 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 and will be billed on hourly rates estimated to be seven percent (7 %) of the estimated
construction cost.
19. STORM SEWER. Development of Hosanna 4 Addition includes the construction of
public and private storm sewer systems. The public storm sewer consists of the modification to the
existing outlet of the regional stormwater basin located north of the church. The reconstructed public
storm sewer will be located within a permanent drainage and utility easement, as shown on the plat, and
maintained by the City. The privately -owned and maintained storm sewer will be located within Outlot A
and Lots 1 and 2 and will collect and convey stormwater runoff generated from within the lots to existing
private storm sewer.
The trunk storm sewer area charge for Lot 1 of the plat was paid with the Hosanna 3 Addition
plat in 2002. The trunk storm sewer area charge has not been collected on the expansion area of Lots 1
and 2, Block 1, Hosanna 4 Addition and must be paid in cash at the time of final plat approval. The
trunk storm sewer area charge for the expansion area of Lots 1 and 2 is calculated as follows:
2,092,692 s.f. Gross Area of Hosanna 4 Addition
- 15,681 s.f. Area of 162n St. ROW Dedication
- 703,287 s.f. Area of Outlot A, Hosanna 4 Addition
- 1,284,541 s.f. Area of Lot 1, Block 1, Hosanna 3rd Addition
x $0.186/s.f. Area Charge
$ 16, 588.04
20. CRYSTAL LAKE SURCHARGE. The Crystal Lake Surcharge for Lot 1 of the plat was
paid with the Hosanna 3rd Addition plat in 2002. The Crystal Lake Surcharge has not been collected on
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the expansion area of Lots 1 and 2, Block 1, Hosanna 4 Addition and must be paid in cash at the time
of final plat approval. The Crystal Lake Surcharge for the expansion area of Lots 1 and 2 is calculated as
follows:
2,092,692 s.f.
- 15,681 s.f.
- 703,287 s.f.
- 1,284,541 s.f.
x $0.0144/s.f.
$ 1,284.24
Gross Area of Hosanna 4 Addition
Area of 162 St. ROW Dedication
Area of Outlot A, Hosanna 4 Addition
Area of Lot 1, Block 1, Hosanna 3rd Addition
Surcharge
21. SANITARY SEWER. Development of Hosanna 4 Addition will not require public sanitary
sewer construction. The existing building on Lot 1 of the plat is connected to public sanitary sewer. 8-
inch sanitary sewer will be extended from public sanitary sewer located along the north property line of
Lot 1 to provide service to the proposed senior housing building on Lot 2. The proposed sanitary sewer
service for Lot 2 crosses through Lot 1; therefore, a private utility easement must be established between
the two parcel owners. Before the City signs the final plat, the Developer must submit the appropriate
documentation of the required private utility easement. The sanitary sewer service will be privately -
owned and maintained by the owner of Lot 2.
The trunk sanitary sewer area charge for Lot 1 of the plat was paid with the Hosanna 3rd Addition
plat in 2002. The sanitary sewer availability charge has not been paid on the expansion area of Lots 1 and
2, Hosanna 4 Addition and must be paid with the building permit. The proposed area of Lots 1 and 2,
Hosanna 4 Addition is 31.54 acres. The trunk sanitary sewer availability charge was previously collected
on 29.49 acres (Lot 1, Block 1, Hosanna 3rd Addition), therefore, 93.50% of the sanitary sewer availability
charge has been satisfied. The remaining 6.50% will be applied to the sanitary sewer availability charge
due with Hosanna 4 Addition. The sanitary sewer availability charge is $307.00 per residential equivalent
unit and shall be calculated when the M.C.E.S. SAC Units for the proposed senior housing building have
been determined.
22. WATERMAIN. Development of Hosanna 4 Addition will not require public watermain
construction. The existing building on Lot 1 of the plat is connected to public watermain. 8 -inch watermain
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will be extended from public watermain located along the north property line of Lot 1 to provide service to
the proposed senior housing building on Lot 2. In addition, 6 -inch watermain will connect to an existing fire
protection system within Lot 1 that will be reconfigured around the perimeter of Lot 2 to provide additional
fire flow availability to both Hosanna! Lutheran Church and the proposed senior housing building. The
proposed water service for Lot 2 crosses through Lot 1 and the looped fire protection system crosses
through both Lots 1 and 2; therefore, a private utility easement must be established between the two parcel
owners. Before the City signs the final plat, the Developer must submit the appropriate documentation of
the required private utility easement. The water service and looped fire protection system will be
privately -owned and maintained by the Developer.
The parent parcels of Hosanna 4th Addition were previously assessed for the watermain
improvements along 162n Street that were completed with City Project 91 -3. The assessment has been
paid.
23. SEDIMENTATION BASIN. Development of Hosanna 4 Addition includes the construction
of a sedimentation basin. The sedimentation basin will be located within Outlot A and will provide
pretreatment and skimming of a portion of the stormwater runoff generated within the proposed senior
housing campus site to protect regional infiltration basin CL -16 -1 from clogging with sediment. The
sedimentation basin will be privately -owned and maintained by the Developer. Before the City signs the
final plat, the Developer shall provide the City with an appropriately executed and notarized temporary
drainage and utility easement over all of Outlot A. The temporary easement will expire when Outlot A is
final platted into lots and blocks.
24. RETAINING WALLS. Development of Hosanna 4 Addition includes construction of eight
(8) retaining walls. The retaining walls vary in height ranging from 3 and 10 feet. All modular block walls
constructed must meet MnDOT requirements. All modular block walls greater than four feet in height must
be designed by a registered engineer and will require a separate building permit from the City's Building
Inspection Department prior to construction. All modular block walls requiring a separate building permit
from the City Building Inspection Department must be inspected during construction and certified by the
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design engineer following construction. Before the City signs the final plat, the Developer shall post a
$126,390.00 security to guarantee appropriate construction of the approved retaining walls. For safety
reasons, the Developer may want to consider installing fencing on top of all walls that require a separate
building permit from the City Building Inspection Department and on any wall 30- inches in height or greater
that is with five (5) feet of a pedestrian area. All retaining walls will be privately -owned and maintained by
the Developer.
25. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility,
parking lot and building construction is restricted to Itasca Trail and 163 Street via 162 Street (CSAH-
46).
26. PARK DEDICATION AND TRAILS. Development of Hosanna 4 Addition will not require
public trail construction. The City Parks, Trails and Open Space Plan does not designate any area within
the proposed plat as future park land.
The City's park dedication requirement for Lot 1 of the plat was satisfied through a cash contribution
paid with the Hosanna Addition plat in 1996. The park dedication requirement for Lot 2 has not been met
and will be satisfied through a cash contribution based on the rate in effect at the time of final plat approval
and is calculated as follows:
Number of Units
22
2
45
24
Unit Type
Independent Living
Guest Rooms
Assisted Care
Memory Care
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Park Dedication fee Rate
$4,153.00 /unit
$1,038.25/unit
$1,038.25/unit
$ 00.00 /unit
TOTAL
Total
$ 91,366.00
$ 2,076.50
$ 46,721.25
$ 00.00
$140,163.75
The $140,163.75 park dedication fee for Hosanna 4 Addition must be paid by the Developer in cash at the
time of final plat approval.
27. STREET LIGHT OPERATION COSTS. A cash fee for one -year of streetlight operating
expenses for Lot 2 must be paid at the time of final plat approval. Consistent with City policy, the
streetlight operating fee is based as a commercial development so as to provide a more comparable rate
to the anticipated usage. The cash fee is calculated as follows:
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100.00 ff (165`" St. Front Footage) x $0.214/ff /qtr x 4 qtrs = $85.60
28. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface
water management expenses for Lot 2 must be paid at the time of final plat approval calculated as
follows:
93 dwelling units x 0.25 REU x $7.00 /unit/qtr x 4 qtrs = $651.00
29. LANDSCAPING. Landscaping must be installed in accordance with the approved
landscape plan. The Developer shall post a $70,000.00 security at the time of final plat approval to
guarantee installation of the approved landscape improvements.
30. TREE PRESERVATION. The Developer must post security for tree preservation on an
Individual lot basis for each lot containing a "save" significant tree. The security is $1,500.00 for each lot
with a "save" significant tree and $1,000.00 for each outlot with a "save" significant tree and is calculated as
follows for Hosanna 4 Addition:
Block 1: Lots 1 and 2 2 lots @ $1,500.00 each = $3,000.00
Prior to the issuance of building permits in this subdivision, the Developer's forester shall certify that all
trees designated to be saved on the tree preservation plan are saved or replaced in compliance with
Subdivision Ordinance requirements.
31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the February 11, 2011,
Engineering report.
B. Implementation of the recommendations of the Parks, Recreation, and Natural
Resources Committee.
C. The planned unit development (PUD) flexibilities for Hosanna 4 Addition include
building height, interconnection of buildings across property lines, shared parking and access, underground
parking garage stall depths, and shared freestanding monument sign.
D. "No Parking" signs must be installed by and at the expense of the Developer in
locations required by the City Fire Marshal to ensure adequate emergency fire access.
156389v02 11 LKVL:HOSANNA 4 ADDITION
SRN:r02 /24/2011 (Ebenezer Management Services, Inc.)
plan.
E. Interior concrete sidewalks must be constructed as identified on the approved site
F. Before the City signs the final plat, the Developer shall provide the City with a fully
executed copy of the required joint parking and access agreement allowing Hosanna! Lutheran Church and
the Developer shared driveway and surface parking lot use.
G. Before the City signs the final plat, the Developer shall provide the City with a fully
executed copy of the required agreement between Hosanna! Lutheran Church and the Developer for the
freestanding monument sign adjacent to 165 Street.
H. Signs larger than two square feet shall be limited to the allowances provided for in
the O -R District except that a free standing sign is to be a monument type structure with a height not to
exceed six feet, 28 square feet in area and set back not Tess than 15 feet from any public right -of -way. A
wall sign not exceeding 50 square feet is permitted on the north face of the senior housing facility building.
A sign permit is required prior to the installation of any signs.
I. The exterior building materials must comply with the requirements established by
Section 11- 61 -19.B of the City zoning ordinance.
J. Exterior lighting must be installed according to the approved lighting plan and in
compliance with City zoning ordinance requirements.
K. The trash enclosure must be constructed according to the approved plans and
according to City zoning ordinance requirements.
L. The future chapel and classroom addition to Hosanna Lutheran Church are allowed
by the Planned Unit Development, shall be subject to the approval of a building permit, and shall be
constructed according to the approved plans.
M. 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
156389v02 12 LKVL:HosANNA 4TH ADDITION
SRN:r02 /24/2011 (Ebenezer Management Services, Inc.)
property corners. The security was calculated as follows: 3 Tots /outlots at $100.00 per Iot/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.
N. The Developer shall pay a cash fee for the preparation of record construction
drawings and City base map updating. This fee is $75.00 per lot/outlot for a total charge of $225.00.
O. Before the City signs the final plat, the Developer shall post a $17,085.00 security to
guarantee placement of the on -site private signs and pavement markings.
P. The Developer is required to submit the final plat in electronic format. The electronic
format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading,
utilities, streets) shall be in electronic format in accordance with standard City specifications. The
Developer shall also submit one complete set of reproducible construction plans on Mylar.
32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this agreement, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public and private improvements, and construction of all public
and private improvements, the Developer shall furnish the City with a letter of credit, in the form attached
hereto, from a bank ( "security ") for $298,775.27, plus a cash fee of $2,111.60 for City engineering
administration. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
Sanitary Sewer Connection $ 750.00
Watermain Connection 750.00
Storm Sewer 14,558.00
Site Grading /Erosion Control /Restoration & Grading Certification 54,328.50
CONSTRUCTION SUB -TOTAL $ 70,386.50
OTHER COSTS:
Developer's Design (6.0 %) $ 4,223.19
Developer's Construction Survey (2.5 %) 1,759.66
156389v02 13 LKVL:HOSANNA 4TH ADDITION
SRN:r02 /24/2011 (Ebenezer Management Services, Inc.)
City Legal Expenses (Est. 0.5 %) 351.93
City Construction Observation (Est. 7.0 %) 4,927.06
Developer's Record Drawings (0.5 %) 351.93
Retaining Walls 126,390.00
On -site Private Signs and Pavement Markings 17,085.00
Landscaping 70,000.00
Tree Preservation 3,000.00
Lot Corners /Iron Monuments 300.00
OTHER COSTS SUB -TOTAL $ 228,388.77
TOTAL SECURITIES: $ 298,775.27
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, without notice, for
any violation of the terms of this Contract or 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. 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.
33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City at the time of final plat approval:
Park Dedication
Sanitary Sewer Availability Charge (6.50 %)
Trunk Storm Sewer Area Charge
Crystal Lake Surcharge
Street Light Operating Fee
156389v02 14
$ 140,163.75
Due with Building Permit
16, 588.04
1,284.24
85.60
LKVL:HOSANNA 4 ADDITION
SRN:r02/24/201 1 (Ebenezer Management Services, Inc.)
Surface Water Management Utility Fee
City Base Map Updating
City Engineering Administration (3 %)
TOTAL CASH REQUIREMENTS
651.00
225.00
2,111.60
$ 161,109.23
34. 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 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.
35. 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 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.
156389v02 15 LKVL:HOSANNA 4 ADDITION
SRN:r02 /24/2011 (Ebenezer Management Services, Inc.)
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.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as but not limited to sewer availability charges ( "SAC "),
City water connection charges, City sewer connection charges, and building permit fees.
36. 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 Tess 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.
37. 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.
156389v02 16 LKVL:HOSANNA 4TH ADDITION
SRN:r02 /24/2011 (Ebenezer Management Services, Inc.)
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 shall be installed on all private streets and
parking areas 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
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 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. 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.
156389v02 17 LKVL:HosnrrNA 4 111 ADDITION
SRN:r02 /24/2011 (Ebenezer Management Services, Inc.)
I. Developer shall take out and maintain or cause to be taken out and maintained until
six (6) months after the City has accepted the public improvements, public liability and property damage
insurance covering personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each
occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on
the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be
given ten (10) days advance written notice of the cancellation of the insurance.
J. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
K. The Developer may not assign this Contract without the written permission of the
City Council. The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more Tots, the entire plat, or any part of it.
L. 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 City
Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and
specifications. All retaining walls identified on the development plans or by special conditions referred to in
this Contract shall be constructed before any other building permit is issued for a lot on which a retaining
wall is required to be built.
156389v02 18 LKVL:HOSANNA 4 ADDITION
SRN:r02 /24/2011 (Ebenezer Management Services, Inc.)
38. 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: 9600 163 Street West, Lakeville, Minnesota 55044. Notices to the City shall be in
writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in
care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue,
Lakeville, Minnesota 55044.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
156389v02 19 LKVL:HOSANNA 4 ADDITION
SRN:r02 /24/2011 (Ebenezer Management Services, Inc.)
(SEAL)
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
CITY OF LAKEVILLE
BY:
AND
Mark Bellows, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of ,
2011, by Mark Bellows 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
156389v02 20 LKVL:HOSANNA 4 TH ADDITION
SRN:r02 /24/2011 (Ebenezer Management Services, Inc.)
1
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
RNK:srn
156389v02
ASTRID I. SMITH
Notary Public- Minnesota
My Commission Expires Jan 31, 2015
DEVELOPER:
EBENEZER MAN
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this ae day of '?EB
2011, by / F THOMAS the /WE - 5/o ENT CEO
Ebenezer Management Services, Inc., a Minnesota corporation.
NOTARY PUBLIC
Af Es ' O L / Y G. 60
ERVICES, INC.
of
21 LKVL,:HOSANNA 4 TH ADDITION
SRN:r02 /24/20I 1 (Ebenezer Management Services, Inc.)
HOSANNA! LUTHERAN CHURCH OF LAKEVILLE, a Minnesota non - profit corporation, fee
owner of all or part of the subject property, the development of which is governed by the foregoing
Development Contract, affirms and consents 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 it.
Dated this, day of I , 2011.
STATE OF MINNESOTA )
(ss.
/n)
COUNTY OF
by
Church of L
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(651) 452 -5000
RNK:srn
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
HOSANNA! LUTHERAN CHURCH
OF LAKEVILLE
BY:
The foregoing instrument was acknowledged before me this �2rday of 2011,
/ the &/<e /7I^G Z- P -e! of Hosanna! Lutheran
eville, a Minnesota non - profit corporation, on its behalf.
156389v02 22
NOTARY PUBLIC
.±, My Commission Expires Jan. 31, 2013
,4 4, MARYANNE STRONG
s NOTARY PUBLIC
MINNESOTA
LKVL:HosANNA 4" ADDITION
SRN:r02/24/2011 (Ebenezer Management Services, Inc.)
BANK OF THE WEST, a California banking corporation, which holds a mortgage on the subject
property, the development of which is governed by the foregoing Development Contract, agrees that the
Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
STATE OF
COUNTY OF
MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
Dated this day of , 2011.
The foregoing instrument was acknowledged before me this day of
2011, by and by the
and of Bank of the West, a
California banking corporation, on its behalf.
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(651) 452 -5000
RNK:srn
(ss.
BANK OF THE WEST
BY:
Its
AND
Its
NOTARY PUBLIC
156389v02 23 LKVL:HOSANNA 4TH ADDITION
SRN:r02 /24/2011 (Ebenezer Management Services, Inc.)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
HOSANNA 4 ADDITION
ZONING MAP AMENDMENT
On February 17, 2011, the Lakeville Planning Commission met at its regularly scheduled
meeting to consider the application of Hosanna Lutheran Church for a Zoning Map
amendment rezoning land included within the proposed Hosanna 4 Addition final plat
from RM -1 and RM -2, Medium Density Residential District to PUD, Planned Unit
Development District. The Planning Commission conducted a public hearing on the
proposed rezoning preceded by published and mailed notice. The applicant was present
and the Planning Commission heard testimony from all interested persons wishing to
speak. The City Council hereby adopts the following:
FINDINGS OF FACT
1. The property is currently zoned RM -1, Medium Density Residential District, RM -2,
Medium Density Residential District and O -R, Office /Residential Transition
District.
2. The property is located in Planning District 2, which guides the property for
residential and public /quasi - public uses.
3. The applicant is requesting a Zoning Map amendment rezoning the subject site to
PUD, Planned Unit Development District for the purpose of developing a
continuing care senior housing facility.
4. The legal description of the property is Lots 1 and 2, Block 1 and Outlot A,
Hosanna 4 Addition.
5. In considering the proposed Zoning Map amendment, the Planning Commission's
judgment is to be based upon, but not limited to, the factors outlined in Section
11 -3 -3.E of the Zoning Ordinance:
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.
The proposed rezoning is consistent with District 8 recommendations
contained in the 2008 Comprehensive Plan. The proposed use will expand
life cycle housing options within the City for aging residents consistent with
the goa /s and policies of the Comprehensive Plan.
1
b) The proposed use is or will be compatible with present and future land uses
in the area.
The proposed use will be compatib /e with existing residential land uses to the
south and west.
c) The proposed use conforms with all performance standards contained within
the Zoning Ordinance and the City Code.
The proposed use complies with the application performance standards
established by the Zoning Ordinance and City Code except as allowed by the
proposed PUD.
d) The proposed use can be accommodated with existing public services and will
not overburden the City's service capacity.
The proposed use can be accommodated with existing and proposed public
services and will not overburden the City's service capacity.
e) Traffic generation by the proposed use is within the capabilities of streets
serving the property.
Traffic generated by the proposed use will be accommodated by the existing
transportation system serving the subject property.
5. The planning report prepared by Associate Planner, Frank Dempsey, AICP, dated
February 11, 2011 is incorporated herein.
Dated: March 7, 2011
2
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
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THE WESTERLY LINE OF
OUTLOT A, HOSANNA 4TH
ADDITION.
TEMPORARY DRAINAGE AND UTILITY
EASEMENT EXHIBIT
TEMPORARY EASEMENT AREA = 26,816 Sq. Ft.
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THE WESTERLY LINE OF
LOT 1, BLOCK 1 HOSANNA
4TH ADDITION.
A
989
AN EASEMENT FOR TEMPORARY DRAINAGE AND UTILITY PURPOSES OVER, UNDER AND ACROSS THAT
PART OF OUTLOT A, HOSANNA 4TH ADDITION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 1, SAID HOSANNA 4TH ADDITION; THENCE
SOUTH 0 DEGREES 18 MINUTES 13 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LOT 1, A
DISTANCE OF 58.04 FEET; THENCE NORTH 54 DEGREES 22 MINUTES 22 SECONDS WEST A DISTANCE OF
62.66 FEET; THENCE SOUTH 72 DEGREES 30 MINUTES 59 SECONDS WEST A DISTANCE OF 175.83 FEET;
THENCE NORTH 0 DEGREES 00 MINUTES 58 SECONDS WEST A DISTANCE OF 122.03 FEET TO A POINT ON
THE WESTERLY LINE OF OUTLOT A, HOSANNA 4TH ADDITION; THENCE NORTH 89 DEGREES 59 MINUTES
02 SECONDS EAST, ALONG SAID WESTERLY LINE, A DISTANCE OF 35.60 FEET;
THENCE NORTH 57 DEGREES 56 MINUTES 19 SECONDS EAST, ALONG SAID 111
WESTERLY LINE, A DISTANCE OF 130.64 FEET; THENCE SOUTH 45 DEGREES Engineering•Surveying
,� 1 Landscape Architecture
29 MINUTES 18 SECONDS EAST A DISTANCE OF 102.83 FEET; THENCE SOUTH
0 DEGREES 50 MINUTES 16 SECONDS WEST A DISTANCE OF 44.94 FEET TO HANSEN THORP PELLINEN OLSON, inc.
THE POINT OF BEGINNING. 7510 Market Place Ddve• Eden Pralde, MN 55344
952 - 929-0700 • 952 - 829-7806 fax
12. The following setbacks are required for the continuing care senior facility on
Lot 2:
Klamath Trail: 30 feet (building)
15 feet (parking)
Side Yard: 20 feet (shoreland overlay district)
OHWL: 150 feet
13. A private agreement for shared parking and driveway access and shared
storm water drainage facilities between Lots 1 and 2 must be completed prior
to City Council consideration of the final plat. The agreement must include
maintenance responsibilities.
14. The developer must install "fire lane" signage along the driveway in front of
the senior housing facility as recommended by the Fire Department.
15. Any rooftop mechanical equipment must be screened from public view in
compliance with Zoning Ordinance requirements.
16. Landscaping shall be installed consistent with the approved landscape plan.
A $97,000 security must be submitted to guarantee installation of the
approved landscaping.
17. Detailed light fixture plans for exterior lighting must be submitted with the
building permit for the Kingsley Shores Senior Living facility. Lighting must
comply with the requirements of Section 11 -16 -17 of the Zoning Ordinance.
18. Development signage shall be installed consistent with the approved plans.
Signage for the Kingsley Shores Senior Living development is subject to the
following conditions:
• The combined freestanding sign on Lot 1 shall be constructed
consistent with the approved site plan.
• No additional freestanding signs shall be allowed on Lot 1. The
Zoning Ordinance allows two wall signs for the future building on
Lot 2 because it is a corner lot.
• No wall signs shall be allowed for the senior housing facility on Lot 2.
Ayes: Lillehei, Davis, Blee, Grenz, Drotning, Maguire.
Nays: 0
Break at 6:56 p.m.
Reconvened at 7:06 p.m.
ITEM 6. HOSANNA 4TH ADDITION
Planning Commission Meeting
February 17, 2011
Page 5
Chair Davis opened the public hearing to consider the application of Hosanna
Lutheran Church of Lakeville for the following, located at 9600 - 163rd Street: A.
Comprehensive Plan amendment to re -guide property from Public and Quasi
Public to High Density Residential, B. Zoning Map amendment to rezone property
Planning Commission Meeting
February 17, 2011
Page 6
from RM -1 and RM -2, Medium Density Residential District to PUD, Planned Unit
Development District, C. Development and final stage planned unit development
for a senior housing facility, D. Preliminary and final plat of two lots and one outlot
to be known as Hosanna 4th Addition, and E. Vacation of drainage and utility
easements. The Recording Secretary attested that the legal notice had been duly
published in accordance with State Statutes and City Code.
Jim Hayes, member of Hosanna Church, presented an overview of their request.
He indicated that Sheppard on the Lake in Prior Lake is a model for this proposed
development. Mr. Hayes stated that a neighborhood meeting was held and no
negative comments were received about the project. They are hoping for
occupancy in 2012. He estimated that the proposed chapel construction is one to
two years out.
Jill Keiser from Ebenezer Management Company stated that with this proposed
development there are 24 memory care units and 69 housing units with services,
which allows the residents to add level of services as needed.
Ward Issacson with Pope Architects and Charles Howley with HTPO presented a
short 3 -D video and a powerpoint. Mr. Issacson indicated that they are not
changing any driveway access points onto City streets. He also indicated that they
would like a proposed tower that would identify the campus with a maximum
height of 60 feet to also be approved at tonight's meeting. Mr. Issacson listed some
of the senior housing facilities' amenities, which will include an outdoor courtyard,
beauty parlor, and a movie theatre.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that he was informed earlier today that the underground parking stalls are
actually 18 feet in depth and not 19 feet as shown on the plans and as stated in the
planning report. Mr. Dempsey stated that the proposed development is consistent
with the intent of the Zoning Ordinance for use of a PUD District and complies with
applicable performance standards of the Zoning Ordinance and Subdivision
Ordinance. Mr. Dempsey stated that should the Planning Commission recommend
approval of this proposal, Planning Department staff recommends the 15
stipulations listed in the February 11, 2011 planning report, and adoption of the
Findings of Fact dated February 17, 2011
Chair Davis opened the hearing to the public for comment.
Dan Neudecker of Pope Architects representing the applicant stated that they are in
agreement with the stipulations in the staff report. He clarified that the
underground parking stall measurement of 19 feet was to the outside of the wall so
Planning Commission Meeting
February 17, 2011
Page 7
essentially they are requesting that 18 1 /2 foot parking stalls be approved tonight.
He stated the applicant agrees to add parking lot islands on the west side of the
parking lot as stipulated in the planning report except they would like to keep the
painted island in the northwest corner of the parking lot for snow removal
purposes. He reiterated that the church would like to get approval of the 60 foot
marker at tonight's meeting.
11.08 Motion was made and seconded to close the public hearing at 7:47
Ayes: Davis, Blee, Grenz, Drotning, Maguire, Lillehei.
Nays: 0
Chair Davis asked for comments from the Planning Commission. Discussion points
were:
• The lighting plan should be revised to include the new parking lot layout.
• Clarified the number of existing (26) and proposed new (10) handicapped
parking spaces.
• Clarified that a fence is proposed around the outdoor sitting area for the
memory care units.
• Traffic flow, egress and ingress locations were addressed. The addition of
the parking stalls on the west side of the site . was considered a positive
compared to having church parishioners park across Ipava in the elementary
school parking lot. The existing drop off in front of the church will remain
the same.
• Screening associated with the relocation of the detached storage building
needs to be addressed. It was clarified that there won't be any loss of
parking stalls with the relocation of the storage building.
• Discussed the chapel as part of this PUD approval. The height of the
proposed chapel will be 20 feet maximum at the mid point of the roof and
will be lower than the height of the existing church.
• Planning Commission members were comfortable with leaving the raised
curb island out in the northwest corner of the parking lot so there will be a
place to push snow into the adjacent drainage area.
• Commissioner Drotning felt that the expanded parking lot design could have
been better, but he will accept it. He felt that parking lot circulation will be
better with the existing church parking lot than it will be with the redesigned
parking lot.
• This senior housing facility will be developed by an LLC with partial
ownership between the church and Ebenezer. Shared parking, sign, and
maintenance agreements will be provided prior to the City Council meeting.
Signage will be co- located on the church property, which will be identified in
the development agreement.
Stipulations 6 and 13 were recommended to be amended as follows:
Planning Commission Meeting
February 17, 2011
Page 8
• The trash enclosure for the senior housing facility was identified on the
plans. It will be a freestanding structure located next to the loading area on
the south side of the building.
• Mr. Dempsey stated that a future 60 foot cross structure was identified as a
future construction by Hosanna in 1996. He indicated that the Zoning
Ordinance allows a structure height of 35 feet unless a greater height if
approved by CUP. He stated the structure height increase can also be
approved as part of the PUD. The Planning Commission was not
comfortable approving the 60 foot cross structure at tonight's meeting. They
felt they needed more detailed information on the design of the structure
before they could make a recommendation to the City Council.
• Mr. Hayes indicated that the cross structure is not in its final design yet.
Only the height has been determined. He stated that it would probably be
constructed in about 2 years with the construction of the chapel. He did not
want to delay the senior housing project and was willing to come back with a
separate CUP application and more details for consideration of the cross
structure height.
• Commissioner Maguire asked how the memory care residents are secure
from the general public. Mr. Neudecker indicated that there is a locked
entrance to the memory care area. The memory care residents have their
own secure dining and outdoor sitting areas.
• Commissioner Grenz confirmed that the width of both the surface and
underground parking stalls are 10 feet.
• Vice Chair Lillehei requested that the 18 feet deep underground parking
stalls be identified in the staff memo to City Council along with revised
plans.
6. The plans must be revised to include raised concrete curb islands with
landscaping as required by the Zoning Ordinance prior to City Council
consideration, with the exception of the northwest island which may
be painted.
13. Exterior lighting shall be installed according to the lighting plan
approved by the City Council and in compliance with the Zoning
Ordinance requirements.
11.09 Motion was made and seconded to recommend to City Council approval of the
following, located at 9600 - 163rd Street: A. Comprehensive Plan amendment to re-
guide property from Public and Quasi Public to High Density Residential, B.
Zoning Map amendment to rezone property from RM -1 and RM -2, Medium
Planning Commission Meeting
February 17, 2011
Page 9
Density Residential District to PUD, Planned Unit Development District, C.
Development and final stage planned unit development for a senior housing
facility, D. Preliminary and final plat of two lots and one outlot to be known as
Hosanna 4th Addition, and E. Vacation of drainage and utility easements, subject to
the following 15 stipulations listed in the February 11, 2011 planning report, as
amended, and adoption of the Findings of Fact dated February 17, 2011:
1. The recommendations listed in the February 11, 2011 engineering report.
2. The recommendations of the Parks, Recreation and Natural Resources
Committee.
3. The rezoning to PUD is subject to Metropolitan Council approval of the
Comprehensive Plan amendment re- guiding the property for high density
residential use.
4. "No Parking" signs must be installed by and at the expense of the developer
in locations required by the Fire Marshal to ensure adequate emergency fire
access.
5. Interior concrete sidewalks shall be constructed as identified on the
approved site plan.
6. The plans must be revised to include raised concrete curb islands with
landscaping as required by the Zoning Ordinance prior to City Council
consideration, with the exception of the northwest island which may be
painted.
7. Landscaping shall be installed consistent with the approved landscape plan
and Zoning Ordinance requirements. A security of $70,000 shall be required
with the final plat to guarantee installation of the landscape improvements.
8. The developer shall provide a joint parking and access agreement allowing
Hosanna and Ebenezer shared driveway and surface parking lot use.
9. A signed agreement between the church and Ebenezer for the freestanding
monument sign adjacent to 165th Street will be required prior to City Council
consideration.
10. The exterior building materials shall comply with the requirements
established by Section 11- 61 -19.B of the Zoning Ordinance.
11. Park dedication requirements shall be satisfied as a cash fee in lieu of land
subject to review by the Parks, Recreation and Natural Resources Committee
and approval of the City Council.
12. Signs larger than two square feet shall be limited to the allowances provided
for in the O -R District except that a freestanding sign is to be a monument
type structure with a height not to exceed six feet, 28 square feet in area and
set back not less than 15 feet from any public right -of -way. A wall sign not
exceeding 50 square feet is permitted on the north face of the senior housing
facility building. A sign permit is required prior to the installation of any
signs.
Planning Commission Meeting
February 17, 2011
Page 10
13. Exterior lighting shall be installed according to the lighting plan approved
by the City Council and in compliance with the Zoning Ordinance
requirements.
14. The trash enclosure shall be constructed according to the approved plans
and according to the Zoning Ordinance requirements.
15. The future chapel and classroom addition to Hosanna Lutheran Church are
allowed by the Planned Unit Development and shall be subject to the
approval of a building permit and constructed according to the approved
plans.
Ayes: Blee, Grenz, Drotning, Maguire, Lillehei, Davis.
Nays: 0
Break at 8:24 p.m.
Reconvened at 8:35 p.m.
ITEM 7. MALT -O -MEAL COMPANY
Chair Davis opened the public hearing to consider the application of Malt -O -Meal
Company for the vacation of a conservation easement at the Malt -O -Meal Technical
Center, located at 20802 Kensington Drive. The Recording Secretary attested that
the legal notice had been duly published in accordance with State Statutes and City
Code.
Paul Holtzhueter, Vice President of Business Development from Malt -O -Meal,
presented an overview of their request and the Company's short and long range
growth plans for their Lakeville facility. Mr. Holtzhueter stated that Malt -O -Meal
has made a commitment to Lakeville. Efficiency is important to them. He indicated
that they want to expand on this site and keep everything at one location in
Lakeville. He stated they want to be good neighbors to the residential
homeowners to the north.
Kevin Rolfes, Design Consultant and Stephen Mastey, Landscape Consultant spoke
about landscaping and buffers. Their main objective for this site is to preserve the
buffer area along the north property line. In addition, they want to enhance the
buffer area by strategically placing some large white pines between the Malt -O-
Meal property and the neighbors to the north. They have proposed a conceptual
landscape plan but they indicated the most effective way to implement the
landscape plan is to wait until spring to perform a site analysis and inventory the
existing trees in an effort not to damage them or their roots when installing the new
trees.
February 16, 2011
Dakota County Surveyor's Office
Western Service Center • 14955 Galaxie Avenue suite # 335 • Apple Valley, MN 55124
952- 891 -7087 • Fax 952- 891 -7127 • www.dakotacounty.us
City of Lakeville
20195 Holyoke Avenue
Lakeville MN 55044 -9177
Re: HOSANNA 4 ADDITION
The Dakota County Plat Commission met on February 14, 2011, to consider the preliminary plan
of the above referenced plat. The plat is adjacent to CSAH 46, and is therefore subject to the
Dakota County Contiguous Plat Ordinance.
The final plat meets the necessary half right -of -way needs of 100 feet along CSAH 46. Restricted
access is shown along CSAH 46.
The Plat Commission has approved the final plat and will recommend approval to the County
Board of Commissioners when the plat is submitted in signed mylar form. Mylars should be
submitted to the County Board within one year of the Plat Commission's final approval.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the
County Recorder's Office. The Plat Commission does not review or approve the actual
engineering design of proposed accesses or other improvements to be made in the right of way.
The Plat Commission highly recommends early contact with the Transportation Department to
discuss the permitting process that reviews the design and may require construction of highway
improvements, including, but not limited to, turn lanes, drainage features, limitations on
intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting
questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance
questions at (952) 891 -7070.
Sincerely,
07
Todd B. Tollefson
Secretary, Plat Commission
CITY OF LAKEVILLE
PARKS, RECREATION & NATURAL RESOURCES COMMITTEE
Meeting Minutes for February 16, 2011
ITEM 1 Call to order
Meeting was called to order at 6:00 p.m.
DRAFT
ITEM 2 Roll call of members
Present: Bob Boerschel Judy Hayes, Scott Kelly, Howard Lovelace, Jeanne Peterson, Jerry Zell
Absent: Tom Goodwin
Staff Present: Parks & Recreation Director Steve Michaud, Recording Secretary Patty Ruedy
ITEM 3 Approval of the February 2, 2011 meeting minutes
The Parks, Recreation & Natural Resources Committee meeting minutes were approved as presented.
ITEM 4 Citizen comments
There were no citizens present.
ITEM 5 Hosanna! 4 Addition preliminary and final plat
Hosanna! Lutheran Church submitted an application to develop in conjunction with Ebenezer
Management Services, a 93 -unit senior living facility west of the existing Hosanna! Lutheran Church.
The plans also propose a 397 -seat chapel and future classrooms on the west side of the church
building. After review of the site, there are no park and trail facilities identified that would be affected
by the proposed expansion. A park dedication fee will be required. The facility proposes to build 69
units, consisting of 22 independent and 47 assisted living units. There will also be 24 memory care
units. Using a reduced formula established by the Parks and Recreation advisory committee and
approved by City Council when the Highview Hills facility was built, the Hosanna! project will be
required to pay a total of $140,163.75 to meet the park dedication ordinance requirements. The
reduced park dedication formula is spelled out in the planning report.
(11.03) Motion made by Peterson, seconded by Zell to recommend City Council consider
approval of Hosanna! 4 Addition preliminary and final plat. The project will be required to pay a cash
park dedication as outlined in the planning report.
Finally, the developer is required to follow other recommendations outlined in the Planning and
Engineering reports as they pertain to this plat. The developer is also required to follow the natural
resources requirement detailed in the Planning and Engineering reports associated with tree
preservation, grading, drainage, and erosion control and further recommendations by the Dakota
County Soil and Water Conservation District, if applicable.
Ayes -5 Nays -0
Motion passed.
Judy Hayes arrived at 6:10 p. rn.
ITEM 6 Kingsley Shores Senior Living preliminary and final plat
Frank Schoeben, Frisbie Architects and CEI Engineering submitted applications for a 101- continuing
care senior housing facility known as Kingsley Shores Senior Living. The project location is east of the
Chart House Restaurant on the north side of Klamath Trail, west of Kenrick Trail. State statutes
require a platting action, whether it be commercial or residential, to enact the park dedication
ordinance. If a platting action is not enacted the City may not require the developer to comply with
the park dedication ordinance. The property, on which Kingsley Shores Senior Living will be
constructed, will not be platted. The property was platted several years ago and the owners paid a
Memorandum
To: Planning Commission
From: % Frank Dempsey, Associate Planner
Date: February 11, 2011
Subject: Packet Material for the February 17, 2011 Planning Commission Meeting
Agenda
Item: Hosanna 4 Addition
1. Comprehensive Plan Amendment from Public and Quasi Public to High
Density Residential.
2. Zoning Map amendment to rezone property from RM -1 and RM -2, Medium
Density Residential District to PUD, Planned Unit Development District.
3. Development and final stage planned unit development for a senior housing
facility.
4. Preliminary and final plat.
5. Vacation of Easements.
Application Action Deadline: April 19, 2011
INTRODUCTION
No,
City of Lakeville
Planning Department
Hosanna! Lutheran Church has submitted applications and development plans together
with Ebenezer Management Services for the construction of a 93 unit senior living
facility on the Hosanna Lutheran Church property located north of 165 Street, south of
162 Street (CSAH 46) and west of Ipava Avenue. The plans also propose a future
7,010 square foot, 397 seat chapel plus future additional classrooms on the west side of
the church building.
The Comprehensive Plan guides the subject property for public and quasi - public use,
medium and medium /high density residential, and office /residential transition within the
current MUSA. The subject site is currently zoned RM -1, Medium Density Residential
District, RM -2, Medium Density Residential District and O -R, Office /Residential Transition
District. Applications required for the proposed development include a Comprehensive
Plan amendment to change part of the guided land use from public and quasi public to
high density residential, a Zoning Map amendment rezoning the property from RM -1 and
RM -2, Medium Density Residential District to PUD, Planned Unit Development District,
PUD Development Stage and Final Plans, vacation of public drainage and utility
easements, and preliminary and final plat.
EXHIBITS
A. Zoning and Location Map
B. Proposed 2030 Land Use Plan Amendment
C. Architectural Cover Page
D. Existing Conditions Survey
E. Preliminary Plat
F. Final Plat (2 pages)
G. Grading Plan
H. Utility Plan
I. Erosion and Sediment Control Plan
J. Landscape Plan (2 pages)
K. Tree Preservation Plan
L. Master PUD Site Plan
M. Site Plan and Cross Section Plan (2 pages)
N. Site Details, Signage and Trash Enclosure Plan
0. Senior Housing and Future Chapel Floor Plans and Elevations (2 pages)
P. Senior Housing Building Elevations Plan
Q. Photo Simulated Views from the South
R. Site Lighting Plan
S. Easement Vacation Plan
T. Neighborhood Meeting Notes
U. January 18, 2011 Dakota County Plat Commission Letter
ANALYSIS
History — The following is a brief historic outline of the zoning and previous City
approved planning actions for the development of the Hosanna! Lutheran Church
property:
o 1996 — Preliminary and final plat of Hosanna Addition and Conditional Use Permit
No. 96 -01 to allow the initial construction of the church.
o 1998 — Amendment to Conditional Use Permit No. 96 -01 to allow the construction
of Phase II of the church including additional classrooms and parking.
o 2000 — Hosanna 2nd Addition preliminary and final plat and an amendment to
Conditional Use Permit No. 96 -01 to allow the construction of a 1,500 seat
sanctuary and expanded parking lot and a 2,665 square foot addition for
administrative offices. The expansion included the construction of 513
2
additional parking spaces to accommodate the new sanctuary and activity space
west of the new sanctuary addition.
O 2002 — Amendment to Conditional Use Permit No. 96 -01 to allow the
construction of a detached accessory building greater than 788 square feet and
higher than 15 feet.
O 2002 — The preliminary and final plat of Hosanna 3rd Addition re -plats existing
Lot 1, Block 1 and Outlot A, Hosanna 2 Addition to allow an expansion of the
parking lot to accommodate a total of 1,800 sanctuary seats and to allow the
platting of an Outlot for a future monument sign.
O 2003 — A conditional use permit amendment to expand the sanctuary seating
from 1,800 to 2,500 and a parking lot expansion.
Comprehensive Plan Amendment. The Comprehensive Plan currently guides the
Hosanna Lutheran Church property for Public and Quasi - Public, Medium and Medium/
High Density Residential, and Office /Residential Transition. The gross area of the
subject site is 48 acres. Of the 48 acres, 16.5 acres will remain as an outlot as shown
on the proposed preliminary and final plat plans. The net area of the senior housing
facility lot (Lot 2) is 3.54 acres. An amendment to the Comprehensive Plan to change
the guided land use of Lot 2 from Public and Quasi - Public to High Density Residential
is required and will be submitted to the Metropolitan Council for their approval
following an action by the City Council to approve the amendment.
The policies outlined by the Comprehensive Plan state that the City should provide a
variety of housing types, styles and choices to meet changing life cycle needs of
Lakeville's population including the development of multiple family housing
alternatives as a life cycle housing option. This includes the promotion of a variety of
dwelling unit types and balanced housing stock, including active and assisted senior
living facilities. Senior oriented housing is a major component of the City's life cycle
housing options.
The proposed Ebenezer - Hosanna Lutheran Church development is consistent with
the policies of the Comprehensive Plan to expand life cycle housing options within
the City and responds specifically to the identified needs.
Zoning Map Amendment. The subject site is currently zoned RM -1, Medium
Density Residential District, RM -2, Medium Density Residential District and O -R,
Office /Residential Transition District. The area of the site proposed for the senior
living facility is proposed to be guided for high density residential and rezoned to
PUD, Planned Unit Development to allow the mixed uses associated with the senior
living and care facility as an integral part of the existing Hosanna Lutheran Church
development.
3
Churches are allowed in residential districts by conditional use permit. Multiple
family housing including senior assisted living and continuing care facilities are also
allowed in the RH -1, Multiple Family Residential District and the O -R,
Office /Residential Transition District. The service intensive facilities proposed as part
of the project including assisted living, memory care and care suite units involving
varying degrees of professional medical assistance and care. City staff recommends
establishment of a PUD District for the proposed site development based upon the
requirements of the RH -1 District except as specifically modified as part of a PUD
Development Stage Plan.
The proposed senior housing use of the PUD District is defined as a continuing care
retirement facility. These facilities are unique land uses that provide multiple elements
of senior adult living within an integrated facility allowing aspects of independent living
with increased care as lifestyle needs change with time. Housing options within a
continuing care retirement facility may include various combinations of senior adult
detached, senior adult attached, congregate care, assisted living and nursing care
allowing residents to live in one facility as their medical needs evolve. The facilities
may also contain special services such as medical, dining, recreational and some
limited, supporting retail and service facilities such as a small branch bank office,
beauty salon or store selling convenience goods.
Proposed PUD Flexibilities.
1. Building height in excess of 35 feet for the senior housing facility.
2. Interconnection of buildings across property lines.
3. Underground parking stall depth of 19 feet.
4. Shared parking and driveways across property lines.
5. Monument sign for the senior housing facility to be located on Hosanna
Lutheran Church property.
PRELIMINARY AND FINAL PLAT
Existing Conditions. The subject site consists of Hosanna Lutheran Church with a
main sanctuary seating capacity of 2,500 and a parking area with 1,256 parking spaces
of which 1,000 parking spaces are required. There is also a smaller sanctuary that
seats approximately 700, 14 classrooms and various meeting rooms and administrative
office space. A 1,232 square foot, 20 foot tall detached garage is located next to the
parking lot south of the church and is proposed to be relocated next to the parking lot
on the north side of the church as noted on the site plan. The 16.5 acre Outlot A is a
mowed field for open space and outdoor sports. A six acre portion of Outlot A
adjacent to 162 Street (CSAH 46) is planned for future commercial development as
allowed by the Comprehensive Plan and Zoning Ordinance.
4
Streets. The subject site abuts 165 Street which is a major collector street as
designated by the Transportation Plan. The property also abuts Ipava Avenue and
162 Street (CSAH 46) (A -Minor Expanders) and 163 Street (local street). No
additional road right -of -way is required for 163 165 and Ipava Avenue. Because
the subject site abuts a County road, the preliminary plat is subject to review by the
Dakota County Plat Commission. Twenty -five feet of additional right -of -way is being
dedicated for CSAH 46 as required by Dakota County. The Dakota County Plat
Commission approved the preliminary plat at their January 18, 2011 meeting and will
consider the final plat at their February 14, 2011 meeting.
Access. Proposed access to the site will be from existing private driveways
intersecting 163 Street and from 165 Street. Indirect access is also available from
Ipava Avenue and Itasca Lane. No new driveway accesses are proposed with the
senior housing project or the future chapel or classroom additions to the church.
A separate blanket ingress /egress easement is proposed over the Hosanna 4th
Addition property to allow shared access between the church parking lot and the
senior housing facility. The two parties must submit an executed maintenance
agreement regarding the shared access and parking prior to City Council approval of
the final plat. In addition, because the shared private driveway at the main entrance
to the senior care facility may serve as a fire access lane, the Fire Marshal may
require "No Parking" signs to be installed. Any required signage must be installed at
the expense of the developer.
Sidewalks /Trails. There is an existing 8 foot wide bituminous trail along the north
side of 165 Street, west side of Ipava Avenue and the south side of 162 Street
(CSAH 46). A 5 foot wide concrete sidewalk exists along the south side of 163
Street. A 5 foot wide concrete sidewalk is planned to circle Lot 2 containing the
senior housing facility. This sidewalk will connect to the existing church sidewalk
that connects to the pedestrian trail along 165 Street. No additional public trails or
sidewalks are required with the proposed preliminary and final plat.
Lot Requirements. Senior assisted living or continuing care retirement
communities developed under RH -1 District requirements must provide a minimum
lot area of 20,000 square feet and a maximum development density of 1,500 square
feet per unit. Lot 2, Block 1 exceeds the minimum lot area requirement with an area
of 154,523 square feet (3.55 acres). The development density for the 93 units on
the 154,523 square foot lot equals 1,662 square feet per unit, which meets the RH -1,
High Density Residential District density requirements.
Setbacks. The table below illustrates setbacks that would be required of the senior
housing facility under the RH -1 District:
5
The proposed senior housing facility meets the RH -1 District setback requirements.
A proposed connection between the senior housing facility and the church will be
constructed across the property lines between the two lots. This crossing will be
permitted as part of the Planned Unit Development.
Landscaping. The developer has submitted a landscape plan for the subject site.
Plantings are appropriate and the proposed trees are consistent with the size
requirements established by the Zoning Ordinance. The design of the landscape plan
is also consistent with the recommendations outlined in the Corridor & Gateway
Design Study for property that abuts major corridors such as 162 Street (CSAH 46).
The notes on the landscape plan indicate that in- ground irrigation will be installed as
required by the Zoning Ordinance in all planting beds, sodded areas and parking lot
islands planted with sod.
The existing spruce and overstory deciduous trees located between 165 Street and
the church parking lot will be enhanced with additional landscape screening. These
new materials will include 31 new seven foot tall Black Hills Spruce trees and five
new 2.5 inch caliper Red Maple trees.
Additional new trees, shrubs and perennial landscaping will be incorporated into the
senior housing lot and church parking lot as shown on the two landscape plan pages.
In total, 105 additional trees, 501 shrubs and numerous perennial garden plants will
be planted with the proposed improvements. The shrub plantings must meet the
minimum size requirements of the Zoning Ordinance.
The Zoning Ordinance requires raised concrete curb landscaped parking lot islands in
all parking lots. The plans propose the removal of 16 landscaped parking lot islands
for the construction of the senior housing facility. The plans propose to replace
some of those parking lot islands with nine paved, stripe painted islands at the west
end of the expanded parking lot. In addition to providing some shade and screening
for the parking lot, the raised concrete islands also protect the parked vehicles from
maneuvering lanes and vehicles in other parking spaces. The plans must be revised
to include raised concrete curb islands with landscaping as required by the Zoning
Ordinance prior to City Council consideration.
Tree Preservation. The tree preservation plan identifies 102 significant trees
within the area proposed to be impacted by the construction of the senior housing
facility and parking, driveway and utility improvements. Of these significant trees, 49
are proposed to be saved with the proposed development. The proposed landscape
6
North
East
South
West
Buffer Yard
Required
30ft.
15ft.
30ft.
15ft.
50ft.
Proposed
40ft.
25ft.
42.5 ft.
42.5 ft.
196ft.
The proposed senior housing facility meets the RH -1 District setback requirements.
A proposed connection between the senior housing facility and the church will be
constructed across the property lines between the two lots. This crossing will be
permitted as part of the Planned Unit Development.
Landscaping. The developer has submitted a landscape plan for the subject site.
Plantings are appropriate and the proposed trees are consistent with the size
requirements established by the Zoning Ordinance. The design of the landscape plan
is also consistent with the recommendations outlined in the Corridor & Gateway
Design Study for property that abuts major corridors such as 162 Street (CSAH 46).
The notes on the landscape plan indicate that in- ground irrigation will be installed as
required by the Zoning Ordinance in all planting beds, sodded areas and parking lot
islands planted with sod.
The existing spruce and overstory deciduous trees located between 165 Street and
the church parking lot will be enhanced with additional landscape screening. These
new materials will include 31 new seven foot tall Black Hills Spruce trees and five
new 2.5 inch caliper Red Maple trees.
Additional new trees, shrubs and perennial landscaping will be incorporated into the
senior housing lot and church parking lot as shown on the two landscape plan pages.
In total, 105 additional trees, 501 shrubs and numerous perennial garden plants will
be planted with the proposed improvements. The shrub plantings must meet the
minimum size requirements of the Zoning Ordinance.
The Zoning Ordinance requires raised concrete curb landscaped parking lot islands in
all parking lots. The plans propose the removal of 16 landscaped parking lot islands
for the construction of the senior housing facility. The plans propose to replace
some of those parking lot islands with nine paved, stripe painted islands at the west
end of the expanded parking lot. In addition to providing some shade and screening
for the parking lot, the raised concrete islands also protect the parked vehicles from
maneuvering lanes and vehicles in other parking spaces. The plans must be revised
to include raised concrete curb islands with landscaping as required by the Zoning
Ordinance prior to City Council consideration.
Tree Preservation. The tree preservation plan identifies 102 significant trees
within the area proposed to be impacted by the construction of the senior housing
facility and parking, driveway and utility improvements. Of these significant trees, 49
are proposed to be saved with the proposed development. The proposed landscape
6
plan identifies the planting of 105 new trees on the Hosanna church property and the
proposed senior housing facility property.
Building Floor Plans. The proposed project and PUD application includes the senior
housing facility building, expanded parking lot, a new 397 seat chapel for the church,
and a possible future classroom addition to the church (Exhibit 0).
Building Exterior Materials. The exterior of the senior housing facility will include
manufactured stone and stucco and will include an asphalt shingle roof. The building
exterior has been designed to compliment the existing Hosanna Lutheran Church
building exterior. Exterior details can be viewed on Exhibit P. Section 11- 61 -19.B of the
Zoning Ordinance requires the exterior finish of multiple family dwelling structures to use
brick, stucco, and /or natural or artificial stone for a minimum of 50 percent of the
building fagade (excluding windows, doors or roof area). The proposed exterior building
materials meet the Zoning Ordinance requirements.
Building Height. Section 11- 17 -7.B of the Zoning Ordinance establishes a 35 foot
building height for structures in the RH -1 District. The height of the building is 37 feet,
nine inches measured to the mid -point of the roof as defined by the Zoning Ordinance.
Because of the setback distances from 165 Street, 162 Street (CSAH 46) and the
medium density residential uses to the west, the additional height would be allowed by
Section 11 -17 -7E of the Zoning Ordinance. The Zoning Ordinance allows building
heights in excess of 35 feet subject to the approval of a conditional use permit (or
planned unit development in this case) provided that:
1. The site is capable of accommodating the increased intensity of use.
2. The increased intensity of use does not cause an increase in traffic volumes
beyond the capacity of the surrounding streets.
3. Public utilities and services are adequate.
4. For each additional story over three (3) stories or for each additional ten feet
(10') above thirty five feet (35'), front and side yard setback requirements
shall be increased by five feet (5').
5. The increased height is not in conflict with airport zoning regulations as
provided in chapter 36 of this title.
6. The performance standards and criteria of chapter 4 (conditional use permits)
of this title are considered and satisfied.
The developer submitted a plan (Exhibit M) that provides a cross section view and photo
simulation of the senior housing building from the homes south of 165 Street. The plan
shows a drop in topographic elevation of 20 to 30 feet between the main floor elevations
of the homes south of 165 street to the main floor level of the senior housing facility.
7
Unit Type
Bedrooms
#
Independent Living
1
18
2
4
Subtotal
22
Assisted Living and Guest
Suites
1
39
2
6
--
2
Subtotal
47
Memory Care
na
24
TOTAL
93
Unit Square Footage
Studio
1 Bedroom
2 Bedroom
Required
440sf
520sf*
600sf
Proposed
Memory Care
Na
na
na
Assisted Living
Na
501 -927sf
823- 1,105sf
Independent Living
Na
644 -927sf
1,105sf
The cover page of the plan submittal (Exhibit C) shows a proposed cross tower in front
of the proposed future chapel and the main entrance of the senior housing facility.
The applications and plans do not include written or schematic information on the
location or height of the cross tower. The cross tower is permitted provided it does
not exceed the maximum structure height in a residential district, which is 35 feet.
All six criteria for building height in excess of 35 feet are being met according to the
proposed plans. As there is no impact to surrounding properties, the 37 foot, nine
inch building height may be approved as part of the PUD Development Stage Plan.
Dwelling Units. The submitted plans show the following units:
Section 11- 17 -13.0 of the Zoning Ordinance establishes minimum floor area requirements
for independent senior dwelling units. The table below shows that the proposed memory
care, assisted living and independent living units within the project conform to these
requirements. The assisted living and memory care units are a more dependent care
program which are not subject to the minimum floor area requirements.
* Independent living units only.
Off - Street Parking. Section 11 -19 -13 of the Zoning Ordinance requires housing
designated for senior citizens when in a continuing care facility to provide one off -
street parking stall per each two dwelling units. There will be 43 underground
parking spaces dedicated to the senior housing facility. With the proposed church
parking lot expansion reconfiguration there will be a total of 1,352 surface parking
spaces which the senior housing facility will be sharing with the church for their
employees and visitors.
8
Land Use
Type
Units or
Church
Seats
Parking Ratio
Spaces /Unit /Seats
Spaces
Required
Spaces
Provided
Senior
Housing
Independent
22*
1 stall per 2 units
11
Assisted and
Memory Care
69
4 spaces per 10 units
28
Employees
10
# employees on
maximum shift
10
Subtotal
93
49
43 underground
+ 6 shared with
church
Church
2,500
1 stall per 2.5 seats
1,000
1,352 shared
surface spaces
Total
1,051
1,395
Parking for the church and the senior housing facility is as follows:
* Includes two guest suites
The site plan includes an expansion of the existing suface parking lot for an
additional 119 parking spaces west of the existing parking lot and the senior housing
facility. Hosanna Lutheran Church has indicated a desire for additional parking
spaces and proposes to use the opportunity of the senior housing construction to
simultaneously construct the additional parking spaces.
The parking lot complies with the required setbacks of 15 feet from public rights -of-
way and five feet from interior lot lines. Parking spaces and drive aisle dimensions
conform to Zoning Ordinance requirements for the surface parking spaces. The
underground parking spaces will include 18.5 foot deep parking spaces instead of the
20 foot stall depth required by the Zoning Ordinance. The drive aisle width will
conform to the minimum 24 feet. The reduced parking space depth is acceptable to
staff since the parking spaces are located under ground, there is no adjacent
sidewalk, no need for snow storage adjacent to those spaces and is consistent with
previous approvals for a covered public parking structure.
Off- Street Loading. A loading area is provided on the south side of the proposed
building accessed directly from the shared private driveway off of 165 Street. The
access will require delivery and service vehicles to back up off of the private driveway
into the loading area. The turning radius for this maneuver is adequate. The
distance between the building and private driveway south of the loading area is 120
9
feet. The dimensions of the loading area conform to the requirements of Section 11-
20-15 of the Zoning Ordinance.
Land Use Transition. Section 11 -61 -23 of the Zoning Ordinance requires a land
use transition between any RH -1 District use and an abutting single family zoning
district. Section 11 -61 -23 of the Zoning Ordinance exempts provisions of a
residential transition as the subject site will be separated from existing single family
homes by 165 Street (a major collector road) which satisfies the criteria under
subsection A for providing adequate separation of the senior housing facility from
existing single family residential uses.
Signs. Ebenezer proposes to install a six foot tall, 28 square foot stone monument
sign near the 165 Street driveway entrance and possibly a sign on the north fagade.
Because of the more institutional character of the assisted living, memory care and
care suite elements of the project, City staff recommends allowing signs as provided
for in the O -R District as part of the PUD Development Stage Plan. Under the O -R
District standards, the proposed facility would be allowed one 50 square foot wall
sign and one 50 square foot freestanding sign. While the O -R District does allow the
freestanding sign to be 20 feet in height, City staff is recommending the proposed
monument type sign with a six foot height limit consistent with the residential
character of the use senior housing facility use. The PUD will allow the freestanding
sign to be located outside the senior housing lot (Lot 2) on the Hosanna Lutheran
Church property adjacent to the 165 Street west driveway. A signed agreement
between the church and the Ebenezer for this freestanding sign will be required prior
to City Council consideration.
Exterior Lighting. The developer has submitted a lighting plan illustrating the
type, height, location and illumination pattern of all exterior light sources. New
parking lot lights are designed to match the height, lamp and lumens of the existing
parking lot lights including the hooded fixtures to restrict off -site light glare. Light
cast to the property lines will not exceed one foot candle of illumination as shown on
the lighting plan and in accordance with Section 11 -16 -17 of the Zoning Ordinance.
Trash Enclosure. The senior housing building plans identify a trash enclosure
adjacent to the loading area. The trash enclosure will consist of rock faced block and
stucco to match the building exterior. Durable maintenance free screening gates are
recommended.
Park Dedication. Platting of the subject site requires park dedication requirements
be met. The independent living units must pay the park dedication fee required for
multiple family developments. The assisted living units pay a reduced rate that is
25% of the multiple family park dedication rate since residents in these units are
believed to have a reduced impact to the City's planned park, trail and open space
system.
10
Unit Type
Number
Park Dedication
Per Unit
2011
Required
Park Fee
Independent
22
$4,153
$91,366
Assisted and
Guest Suites
47
$1,038.25
$48,797.75
Memory Care
24
N/A
$0
Total $140,163.75
Below is a table showing the required park dedication fees in lieu of land for the
proposed development:
Grading, Drainage and Utility Plans. The developer has submitted plans for
grading, drainage, erosion control and utilities related to development of the subject
site. The plans have been reviewed by the Engineering Department. A copy of the
memorandum prepared by Zach Johnson, Assistant City Engineer and Mac Cafferty,
Environmental Resources Coordinator and dated February 11, 2011 is attached.
Master Site Plan. An updated master site plan has been submitted that includes a
revised layout for future development on Outlot A. While the ultimate development
of Outlot A is unknown at this time, the master plan shows a medium density
residential layout consistent with previous master site plans prepared for that portion
of the undeveloped Hosanna Lutheran Church property and the current zoning of the
property. While the actual medium density residential development layout and
ultimate density may be revised subject to Zoning Ordinance requirements in place
at the time of development for building design, street width, building setbacks,
number of street accesses and number of dwelling units, the master site plan does
provide a possible development scenario.
Future Church Additions. Hosanna Lutheran Church is proposing to construct the
chapel addition and classrooms addition at a later date. The church is requesting
that the site plan and floor plan for the chapel and classroom addition be approved
with this PUD. The future building permit plans must be consistent with the site and
floor plan submitted for the chapel and the site plan submitted for the classrooms
addition.
Easement Vacation. The preliminary and final plat shows 10 foot wide drainage
and utility easements at the perimeter of the lot as required by Section 10 -4 -4 of the
Subdivision Ordinance. All underlying public boundary drainage and utility
easements platted with the Hosanna 3 Addition will be vacated. New boundary
easements will be established with the Hosanna 4 Addition final plat.
All known utility companies with a potential interest in the easement vacation were
notified of the public hearing. There has been no opposition expressed by the utility
companies of the proposed easement vacation.
11
Neighborhood Meeting. The developer hosted a neighborhood meeting on
December 13, 2010 to provide residents and property owners surrounding the
subject site an opportunity to learn about the proposed project and ask questions.
The neighborhood meeting was attended by four residents from three households
located south west of 165 Street. There were no particular concerns raised by the
public in attendance at the neighborhood meeting.
RECOMMENDATION
The senior housing development proposed by Hosanna Lutheran Church and
Ebenezer Management Services is an opportunity to expand life cycle housing
options within the City of Lakeville consistent with the goals of the Comprehensive
Plan. The proposed development is consistent with the intent of the Zoning
Ordinance for use of a PUD District and complies with applicable performance
standards of the Zoning Ordinance and Subdivision Ordinance. City staff
recommends approval of the applications based on the findings of fact presented to
the Planning Commission and subject to the following stipulations:
1. The recommendations listed in the Engineering Department memorandum
dated February 11, 2011.
2. The recommendations of the Parks and Natural Resources Committee.
3. The rezoning to PUD is subject to Metropolitan Council approval of the
Comprehensive Plan amendment re- guiding the property for high density
residential use.
4. "No Parking" signs must be installed by and at the expense of the developer in
locations required by the Fire Marshal to ensure adequate emergency fire
access.
5. Interior concrete sidewalks shall be constructed as identified on the approved
site plan.
6. The plans must be revised to include raised concrete curb islands with
landscaping as required by the Zoning Ordinance prior to City Council
consideration.
7. Landscaping shall be installed consistent with the approved landscape plan
and Zoning Ordinance requirements. A security of $70,000 shall be required
with the final plat to guarantee installation of the landscape improvements.
12
8. The developer shall provide a joint parking and access agreement allowing
Hosanna and Ebenezer shared driveway and surface parking lot use.
9. A signed agreement between the church and Ebenezer for the freestanding
monument sign adjacent to 165 Street will be required prior to City Council
consideration.
10. The exterior building materials shall comply with the requirements established
by Section 11- 61 -19.B of the Zoning Ordinance.
11. Park dedication requirements shall be satisfied as a cash fee in lieu of land
subject to review by the Parks, Recreation and Natural Resources Committee
and approval of the City Council.
12. Signs larger than two square feet shall be limited to the allowances provided
for in the O -R District except that a freestanding sign is to be a monument
type structure with a height not to exceed six feet, 28 square feet in area and
set back not less than 15 feet from any public right -of -way. A wall sign not
exceeding 50 square feet is permitted on the north face of the senior housing
facility building. A sign permit is required prior to the installation of any signs.
13. Exterior lighting shall be installed according to the approved lighting plan and
in compliance with the Zoning Ordinance requirements.
14. The trash enclosure shall be constructed according to the approved plans and
according to the Zoning Ordinance requirements.
15. The future chapel and classroom addition to Hosanna Lutheran Church shall are
allowed by the Planned Unit Development and shall be subject to the approval of
a building permit and constructed according to the approved plans.
Findings of Fact are attached.
cc: Hosanna Lutheran Church
Pope Architects
HTPO Engineers
Ebenezer Management Services
Walker and Associates
13
Location of
Proposed PUD
Property
w
Zoning
Legend
RS -2, SINGLE FAMILY RESIDENTIAL DISTRICT
RS -3, SINGLE FAMILY RESIDENTIAL DISTRICT
RM -1, MEDIUM DENSITY RESIDENTIAL DISTRICT
RM -2, MEDIUM DENSITY RESIDENTIAL DISTRICT
L RH -1, MULTIPLE FAMILY RESIDENTIAL DISTRICT
O -R, OFFICE /RESIDENTIAL TRANSITION DISTRICT
C -1, NEIGHBORHOOD COMMERCIAL DISTRICT
I PUD, PLANNED UNIT DEVELOPMENT DISTRICT
7 ,117 P /OS, PUBLIC AND OPEN SPACE DISTRICT
Location Map
EXHIBIT A
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EXHIBIT S
Memorandum
TO: Planning Commission
FROM: Frank Dempsey, AICP, Associate Planner
DATE: December 15, 2010
SUBJECT: Hosanna Senior Housing Neighborhood Meeting Notes
City of Lakeville
Planning Department
On December 13, 2010, Hosanna Lutheran Church and Ebenezer representatives
hosted a neighborhood meeting for the proposed development of a 93 unit
senior housing facility on the Hosanna Lutheran Church property located at 9600
— 163 Street. Ebenezer is partnered with Fairview Health Services.
The meeting was attended by the following individuals:
• Pastor Bill Boline, Hosanna
• Jim Hayes, Hosanna
• Jeff Johnson, Hosanna
• Mary Carroll, Hosanna
• Janice Lindeman, Hosanna
• Susan Farr, Ebenezer
• Charles Howley, HTPO
• Ward Issacson, Pope Architects
• Kyal Klawitter, Walker
• Planning Director Daryl Morey and Associate Planner Frank Dempsey
• Four neighborhood residents representing three properties
Pastor Boline introduced members of the development team including Susan Farr
of Ebenezer. Pastor Boline gave a brief description of the proposed project.
Ward Issacson described the project in more detail. He showed a three
dimensional aerial animation of the proposed site improvements and stated that
Hosanna is also proposing a future 350 to 400 seat chapel and a possible future
education wing both to be located on the west side of the existing building. The
EXHIBIT T
church will be asking for approval of these future additions in conjunction with
the senior housing facility project.
The following questions were raised during the meeting:
1. Where will the main building entrance for the senior housing be located?
2. What will be the main access point for residents, visitors and deliveries?
3. Will the underground parking spaces be available to all residents of the
facility?
4. Will the independent, assisted and memory care areas be in segregated
areas of the facility?
5. What is the breakdown of units by number of bedrooms?
6. If a couple that lives in the facility requires different levels of care at a
future point in time, can they both remain in the facility?
7. What are the proposed unit sizes for the independent living vs. assisted
living vs. memory care?
8. Will units have decks and /or patio areas?
9. What are the rates for the different types of care?
10. Will there be doctors and nurses on staff or on call at all times? (Susan
Farr responded that Health Aides are on -site 24 hours a day and a
Registered Nurse will be available on -call 24 hours a day).
11. Is long term care insurance accepted at this facility?
12. Will there be guest rooms available for visitors?
13. Will there be an exercise room in the facility?
The meeting adjourned at 7:30 PM
January 24, 2011
City of Lakeville
20195 Holyoke Avenue
Lakeville MN 55044 -9177
Re: HOSANNA 4 ADDITION
Sincerely,
-47.
Todd B. Tollefson
Secretary, Plat Commission
C O U N T Y
Dakota County Surveyor's Office
Western Service Center • 14955 Galaxie Avenue suite # 335 • Apple Valley, MN 55124
952- 891 -7087 • Fax 952- 891 -7127 • www.dakotacounty.us
The Dakota County Plat Commission met on January 18, 2011, to consider the preliminary plan
of the above referenced plat. The plat is adjacent to CSAH 46, and is therefore subject to the
Dakota County Contiguous Plat Ordinance.
This preliminary plat is a replat that includes a 93 unit senior housing facility. The right -of -way
need along CSAH 46 is 100 feet of half right -of -way. The existing right -of -way is 75 feet;
therefore, an additional 25 feet of dedication is needed along CSAH 46. Restricted access should
be shown along all of CSAH 46.
The Plat Commission has approved the preliminary plat provided that the described conditions
are met. The Ordinance requires submittal of a final plat for review by the Plat Commission
before a recommendation is made to the County Board of Commissioners.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the
County Recorder's Office. The Plat Commission does not review or approve the actual
engineering design of proposed accesses or other improvements to be made in the right of way.
The Plat Commission highly recommends early contact with the Transportation Department to
discuss the permitting process that reviews the design and may require construction of highway
improvements, including, but not limited to, turn lanes, drainage features, limitations on
intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting
questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance
questions at (952) 891 -7070.
EXHIBIT U
Memorandum
To: Frank Dempsey, Associate Planner ,
From: Zach Johnson, Assistant City Engineer `-
McKenzie Cafferty, Environmental Resources Manager
Copy: Dennis Feller, Finance Director
Keith Nelson, City Engineer
Steve Michaud, Parks & Recreation Director
David Olson, Community & Economic Development Director
Gene Abbott, Building Official
Date: February 11, 2011
Subject: Hosanna 4 Addition
• Preliminary Plat Review
• Easement Vacation
• Final Plat Review
• Grading Plan Review
• Utility Plan Review
• Site Plan Review
BACKGROUND
City of Lakeville
Engineering
Hosanna! Lutheran Church of Lakeville has submitted a preliminary and final plat
named Hosanna 4 Addition. The preliminary and final plat is a re -plat of Outlot A
and Lot 1, Block 1, Hosanna 3 Addition. The re -plat creates an additional lot in
which the Developer is proposing to construct a senior housing building. The
proposed subdivision is located north of and adjacent to 165 Street, west of and
adjacent to Ipava Avenue, and south of and adjacent to 162 Street (CSAH -46) and
163 Street.
The preliminary and final plat consists of two lots and one outlot on 48.04 acres.
The Developer is dedicating 0.36 acres as 162 Street (CSAH -46) right -of -way.
The outlot created with the preliminary and final plat has the following use:
HOSANNA 4 T " ADDITION
FEBRUARY 11, 2011
PAGE 2 OF 11
Outlot A: Future development; to be retained by the Developer
(16.15 acres)
The preliminary and final plat includes Comprehensive Plan and Zoning Map
amendments and planned unit development requests which are addressed in the
Planning Report.
SITE CONDITIONS
The eastern 2 /3 of the Hosanna 4"' Addition site contains Hosanna! Lutheran Church.
The developed site includes one existing building, bituminous - surfaced area for
parking and two stormwater basins.
The western 1 /3 of the Hosanna 4 Addition site is vacant, undeveloped land that
was previously mass graded as part of Hosanna 2 Addition improvements.
EASEMENT VACATION
The Hosanna 4 Addition preliminary plat identifies public drainage and utility
easements previously established with the parent parcels, as depicted on the
Hosanna 3 Addition plat. The existing easements will be vacated and re- platted
with the Hosanna 4 Addition final plat.
STREET AND SITE LAYOUT
162 Street (CSAH -46)
Hosanna 4 Addition is south of and adjacent to 162 Street, a minor arterial
roadway as identified in the City's Transportation Plan. Dakota County controls the
right -of -way requirement and access locations for 162 Street. The current Dakota
County Road Plat Review Needs Map identifies a 1 /2 right -of -way requirement of 100
feet. The plans and Dakota County 1 /2 Section Map indicate a current 1 /2 right -of-
way width of 75 feet. The Developer is dedicating 25 feet of additional right -of -way,
as shown on the plat, to satisfy the right -of -way requirement.
The Dakota County Plat Commission approved the Hosanna 4 Addition preliminary
plat at its January 18, 2011 meeting. A final plat has been submitted to the Dakota
County Plat Commission for review at their February 14, 2011 meeting.
162 Street is constructed as a four -lane divided urban roadway with left and right
turn lanes at the intersections and bituminous trails along both sides. The current
Dakota County Road Plat Review Needs Map identifies 162 Street as a future six -
lane divided roadway. Dakota County's current Transportation Capital Improvement
Program does not identify improvements to 162 Street.
HOSANNA 4"' ADDITION
FEBRUARY 11, 2011
PAGE 3 OF 11
The parent parcels were previously assessed for the street improvements to 162
Street that were completed with City Project 91 -3. The assessment has been paid.
Ipava Avenue
Hosanna 4 Addition is west of and adjacent to Ipava Avenue, a minor arterial
roadway as identified in the City's Transportation Plan. Ipava Avenue is constructed
as an undivided urban roadway at 165 Street and transitions to a divided urban
roadway at 163 Street with left and right turn lanes at the intersections. There are
bituminous trails along both sides of Ipava Avenue. No additional right -of -way is
required with the Hosanna 4 Addition plat.
165 Street
Hosanna 4 Addition is north of and adjacent to 165 Street, a major collector
roadway as identified in the City's Transportation Plan. The Developer dedicated 40
feet of right -of -way with the Hosanna Addition and Hosanna 2 Addition plats. No
additional right -of -way is required with the Hosanna 4 Addition plat. 165 Street is
constructed as a 44 -foot wide undivided urban roadway and striped as a three -lane
section, with one through lane in each direction and center left -turn lanes between
the intersections. There are bituminous trails along both sides of 165 Street.
163 Street
Hosanna 4 Addition is south of and adjacent to 163 Street, a local commercial
street. The Developer dedicated 80 feet of right -of -way, consistent with the right -of-
way requirement for a local commercial street, with the Hosanna Addition plat. 163
Street is constructed as a 44 -foot wide undivided urban roadway with concrete
sidewalks along both sides.
Itasca Trail
Hosanna 4 Addition is west of and adjacent to Itasca Trail, a local commercial street.
The Developer dedicated 80 feet of right -of -way, consistent with the right -of -way
requirement for a local commercial street, with the Hosanna 2 Addition plat. Itasca
Trail is constructed as a 44 -foot wide undivided urban roadway with a concrete
sidewalk along the east side.
Site Plan Review
The Developer proposes to partner with Ebenezer Management Services to construct
a senior housing building on Lot 2. The building will contain 93 living units
comprised of the following: 22 independent living; 45 assisted care; 24 memory
care; and 2 guest rooms. Housing will be contained in three 3 -story wings and a
first floor "town center" section that includes a bank, dining area, general store,
kitchen and library as well as a direct connection to Hossana! Lutheran Church.
HOSANNA 4 ADDITION
FEBRUARY 11, 2011
PAGE 4 OF 11
Access to the proposed senior housing building will be primarily from either the two
existing westerly driveway entrances along 163 Street or the existing westerly
driveway entrance along 165 Street. Turning path movements demonstrating
vehicle circulation are included on the site plan.
An underground parking garage will be constructed as part of the senior housing
building to provide residential and employee parking. In addition, the existing at-
grade parking lot will be expanded to the west to provide joint parking facilities for
both the senior housing building and Hosanna! Lutheran Church. The joint parking
facilities will require that a permanent, private easement be established across Lots
1 and 2, Block 1, Hosanna 4 Addition.
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility, parking lot and building
construction is restricted to Itasca Trail and 163 Street via 162 Street (CSAH -46).
PARKS AND TRAILS
Development of Hosanna 4 Addition will not require public trail construction. The
City's Parks, Trails and Open Space Plan does not designate any area within the
proposed plat as future park land.
The Park Dedication requirement for Lot 1 (Hosanna! Lutheran Church) was satisfied
through a cash contribution paid with the Hosanna Addition plat in 1996. The Park
Dedication requirement for Lot 2 has not been met and will be satisfied through a
cash contribution that must be paid with the final plat. The Park Dedication fee is
based on the rate in effect at the time of final plat approval and is calculated as
follows:
Number of Units Unit Type
22 Independent Living
2 Guest Rooms
45 Assisted Care
24 Memory Care
Park Dedication Fee Rate
$4,153.00 /unit
$1,038.25 /unit
$1,038.25 /unit
$00.00 /unit
Total
Total
$ 91,366.00
$ 2,076.50
$ 46,721.25
$ 00.00
$ 140,163.75
HOSANNA 4T" ADDITION
FEBRUARY 11, 2011
PAGE 5 OF 11
UTILITIES
SANITARY SEWER
Hosanna 4 Addition is located within sub - districts CL -43000 and CL -44000 of the
Crystal Lake sanitary sewer district as identified in the City's Comprehensive Sanitary
Sewer Plan. Wastewater will be conveyed via existing public sanitary sewer to the
MCES Burnsville Southwest Interceptor and continue to the Seneca Wastewater
Treatment Facility. The existing City -owned downstream facilities have sufficient
capacity to serve the proposed development.
Development of Hosanna 4 Addition will not require public sanitary sewer
construction. The existing building on Lot 1 (Hosanna! Lutheran Church) is
connected to public sanitary sewer. 8 -inch sanitary sewer will be extended from
public sanitary sewer located along the north property line of Lot 1 to provide
service to the proposed senior housing building on Lot 2. The proposed sanitary
sewer service for Lot 2 crosses through Lot 1; therefore a private utility easement
must be established between the two parcel owners. Prior to City Council
consideration, the Developer must submit documentation of the utility easement.
The sanitary sewer service will be privately -owned and maintained by the owner of
Lot 2.
The Trunk Sanitary Sewer Area Charge for Lot 1 (Hosanna! Lutheran Church) was
paid with the Hosanna 3 Addition plat in 2002. The Sanitary Sewer Availability
Charge has not been paid on the expansion area of Lots 1 and 2 and must be paid
with the building permit. The proposed area of Lots 1 and 2, Block 1, Hosanna 4
Addition is 31.54 acres. The Trunk Sanitary Sewer Area Charge was previously
collected on 29.49 acres (Lot 1, Block 1, Hosanna 3 Addition), meaning 93.50% of
the Sanitary Sewer Availability Charge has been satisfied. The remaining 6.50% will
be applied to the Sanitary Sewer Availability Charge. The Sanitary Sewer Availability
Charge is $307.00 per residential equivalent unit and shall be calculated when the
M.C.E.S. Sac Units for the proposed senior housing building have been determined.
WATERMAIN
Development of Hosanna 4 Addition will not require public watermain construction.
The existing building on Lot 1 (Hosanna! Lutheran Church) is connected to public
watermain. 8 -inch watermain will be extended from public watermain located along
the north property line of Lot 1 to provide service to the proposed senior housing
building on Lot 2. In addition, 6 -inch watermain will connect to an existing fire
protection system within Lot 1 that will be reconfigured around the perimeter of Lot
2 to provide additional fire flow availability to both Hosanna! Lutheran Church and
the proposed senior housing building.
HOSANNA 4 T " ADDITION
FEBRUARY 11, 2011
PAGE 6 OF 11
The proposed water service for Lot 2 crosses through Lot 1 and the looped fire
protection system crosses through both Lots 1 and 2; therefore a private utility
easement must be established between the two parcel owners. Prior to City Council
consideration, the Developer must submit documentation of the utility easement.
The water service and looped fire protection system will be privately -owned and
maintained by the Developer.
The parent parcels were previously assessed for the watermain improvements along
162 Street that were completed with City Project 91 -3. The assessment has been
paid.
Final locations and sizes of all sanitary sewer and watermain facilities shall be
reviewed by City staff with the final building permit plans. In association with
MnOPS requirements, utility hook -ups for buildings within Hosanna 4 Addition shall
not be permitted until the as -built electronic files have been submitted and approved
by City staff.
DRAINAGE AND GRADING
Hosanna 4 Addition is located within the Crystal Lake drainage district as identified
in the City's Water Resources Management Plan. The site was previously mass
graded as part of Hosanna 2nd Addition improvements.
The eastern 1 /2 of the parent parcel is located within sub - district CL -26A and
includes the Hosanna! Lutheran Church campus as well as an existing two -cell
regional stormwater basin (CL- 26 -1). Stormwater runoff generated within the
Hosanna! Lutheran Church campus site is conveyed via privately -owned and
maintained storm sewer to the regional stormwater basins located north and east of
the existing church. The existing stormwater routing within the Hosanna! Lutheran
Church campus site will generally be maintained with the exception of a small area
southwest of the existing church that will be re- routed to regional stormwater basin
CL -16 -1.
The western 1 /2 of the parent parcel is located with sub - district CL -16 and includes
the proposed senior housing campus as well as an existing regional infiltration basin
(CL- 16 -1). Stormwater runoff generated within the proposed senior housing
campus site is conveyed via privately -owned and maintained storm sewer to
regional infiltration basin CL -16 -1. The existing stormwater routing within the
proposed senior housing campus site will generally be maintained with the exception
of the addition of a small area southwest of the existing church.
Development of Hosanna 4 Addition will not require public stormwater or
infiltration basin construction as the contributing drainage area generated within the
site was incorporated into the design of the Hosanna stormwater management
system.
HOSANNA 4 ADDITION
FEBRUARY 11, 2011
PAGE 7 OF 11
Development of Hosanna 4 Addition includes the construction of a sedimentation
basin. The sedimentation basin will be located within Outlot A and provide
pretreatment and skimming of a portion of the stormwater runoff generated within
the proposed senior housing campus site to protect regional infiltration basin CL -16-
1 from clogging with sediment. The sedimentation basin will be privately -owned
and maintained by the Developer. Prior to City Council consideration, a temporary
drainage and utility easement must be established across the sedimentation basin.
The temporary easement will expire when Outlot A is final platted into lots and
blocks.
Development of Hosanna 4 Addition also includes a modification to the existing
outlet of the regional stormwater basin located north of the church. In anticipation
of the future construction of the Chapel addition, the Developer will install an outlet
control structure that will provide additional rate control and skimming of the
stormwater runoff generated by the Chapel addition. The outlet control structure
will be located within a permanent public drainage and utility easement, as shown
on the plat, and maintained by the City.
The grading specifications must indicate that all embankments meet FHA /HUD 79G
specifications. The Developer shall certify to the City that all buildings with footings
placed on fill material are appropriately constructed. Building permits shall not be
issued until a building pad certification survey has been submitted and approved by
City staff. A Certificate of Occupancy shall not be issued until an as -built certified
grading plan has been submitted and approved by City staff.
A National Pollution Discharge Elimination System General Stormwater Permit for
construction activity is required by 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.
RETAINING WALLS
Development of Hosanna 4 Addition includes the construction of eight retaining
walls. The retaining walls vary in height ranging between 3 and 10 feet. All
modular block walls constructed must meet Mn /DOT requirements. All modular
block walls greater than four feet in height must be designed by a registered
engineer and require a separate building permit from the City's Building Inspection
Department. All modular block walls requiring a separate building permit from the
City's Building Inspection Department must be inspected during construction and
certified by the design engineer following construction. For safety reasons, the
Developer may want to consider installing fencing on top of all walls that require a
separate building permit from the City's Building Inspection Department and on any
wall 30- inches in height or greater that is within 5 feet of a pedestrian area. The
retaining walls will be privately -owned and maintained by the Developer.
HOSANNA 4 T " ADDITION
FEBRUARY 11, 2011
PAGE 8 OF 11
STORM SEWER
Development of Hosanna 4 Addition includes the construction of public and private
storm sewer systems. The public storm sewer consists of the modification to the
existing outlet of the regional stormwater basin located north of the church. The
reconstructed public storm sewer will be located within a permanent public drainage
and utility easement, as shown on the plat, and maintained by the City. The
privately -owned and maintained storm sewer will be located within Outlot A and
Lots 1 and 2 and collect and convey stormwater runoff generated from within the
lots to existing private storm sewer.
Any additional draintile construction, including perimeter draintile required for
building footings, which is deemed necessary during construction, shall be the
Developer's responsibility to install and finance.
The Trunk Storm Sewer Area Charge for Lot 1 (Hosanna! Lutheran Church) was paid
with the Hosanna 3 Addition plat in 2002. The Trunk Storm Sewer Area Charge
has not been collected on the expansion area of Lots 1 and 2 and must be paid with
the final plat. The Trunk Storm Sewer Area Charge is calculated as follows:
2,092,692 sf - 15,681 sf - 703,287 sf - 1,284,541 sf x $0.186/sf = $16,588.04
Gross area of Area of Area of Area of Area Charge Total
Hosanna 4 162n R/W Outlot A, Hosanna Lot 1, Block 1, Hosanna
Addition Dedication 4 Addition 3` Addition
The Crystal Lake Surcharge for Lot 1 (Hosanna! Lutheran Church) was paid with the
Hosanna 3 Addition plat in 2002. The Crystal Lake Surcharge has not been
collected on the expansion area of Lots 1 and 2 and must be paid with the final plat.
The Crystal Lake Surcharge is calculated as follows:
2,092,692 sf - 15,681 sf - 703,287 sf - 1,284,541 sf x $0.0144/sf = $1,284.24
Gross area of Area of Area of Area of Area Charge Total
Hosanna 4 162 " R/W Outlot A, Hosanna Lot 1, Block 1, Hosanna
Addition Dedication 4 Addition 3` Addition
WETLANDS
There are no existing wetlands within the Hosanna 4 Addition site.
TREE PRESERVATION
A tree preservation plan has been submitted and reviewed. The plan identifies a
total of 102 significant trees located within the Hosanna 4 Addition site. The tree
preservation plan identifies 49 significant trees for removal.
HOSANNA 4 T " ADDITION
FEBRUARY 11, 2011
PAGE 9 OF 11
The tree preservation plan satisfies City requirements. All "save" significant trees
that are damaged or removed by site grading will require replacement at a ratio of
2:1 as per the Lakeville Subdivision Ordinance. The Landscape Plan identifies 74
new deciduous trees being planted as well as 31 evergreen trees.
The Developer must post security for tree preservation on an individual lot basis for
each lot containing a "save" significant tree. The security is $1,500 for each lot with
a "save" significant tree and $1,000 for each outlot with a "save" significant tree and
is calculated as follows:
Block 1: Lots 1 and 2 2 Lots @ $1,500 each
Tree Preservation Security
EROSION CONTROL
An erosion control plan has been submitted and includes the following:
• A single rock construction entrance.
• A seed and mulch specification that meets City requirements.
• Inlet protection on all storm sewer structures.
• Silt fence to protect offsite areas from sediment transport.
• All 3:1 slopes must be seeded and stabilized with fiber blanket or sod.
• The site will be re- vegetated within 48 hours of rough and final grading.
• All streets shall be cleared of debris at the end of each day as identified in the
erosion control notes. Street sweeping shall be done weekly or more often as
needed. Additional street sweeping shall be required during the hauling
process. All streets shall be maintained to provide safe driving conditions.
A concrete washout area must be identified in the field and constructed per City
specifications. Erosion control blankets must be installed on all
stormwater /infiltration basin slopes that are disturbed during construction. The
Developer shall install and maintain any additional erosion control measures deemed
necessary during construction by City staff or the Dakota County Soil and Water
District.
SECURITIES
= $ 3,000
$ 3,000
The Developer shall provide a Letter of Credit as security for the Developer - installed
improvements relating to Hosanna 4 Addition. Construction costs are based upon
estimates submitted by the Developer's engineer on January 21, 2011.
HOSANNA 4" ADDITION
FEBRUARY 11, 2011
PAGE 10 OF 11
CONSTRUCTION COSTS
Sanitary Sewer Connection
Watermain Connection
Storm Sewer
Site Grading, Erosion Control, Restoration and
Grading Certification
SUBTOTAL - CONSTRUCTION COSTS
CASH FEES
100.00 ff x $0.214/ff /qtr x 4 qtrs = $85.60
165 Street Front Footage Streetlight Operating Rate Total
$ 750.00
750.00
14,558.00
54,328.50
$ 70,386.50
OTHER COSTS
Developer's Design (6.0 %) $ 4,223.19
Developer's Construction Survey (2.5 %) 1,759.66
City's Legal Expense (0.5 %) 351.93
City Construction Observation (7.0 %) 4,927.06
Developer's Record Drawing (0.5 %) 351.93
Retaining Walls 126,390.00
On -Site Private Signs and Pavement Markings 17,085.00
Tree Preservation 3,000.00
Landscaping 70,000.00
Lot Corners 300.00
SUBTOTAL - OTHER COSTS $ 228,388.77
TOTAL PROJECT SECURITIES $ 298,775.27
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, utility and
street construction.
A cash fee for one -year of streetlight operating expenses for Lot 2 shall be paid with
the final plat. Consistent with City policy, the streetlight operating fee is based as a
commercial development so as to provide a more comparable rate to the anticipated
usage. The cash fee is calculated as follows:
A cash fee for one -year of surface water management expenses for Lot 2 shall be
paid with the final plat and is calculated as follows:
93 units x 0.25 REU x $7.00 /unit /qtr x 4 qtrs = $651.00
Dwelling Units Residential Surface Water Total
Equivalent Utility Management Fee
Factor Rate
HOSANNA 4Th ADDITION
FEBRUARY 11, 2011
PAGE 11 OF 11
A cash fee for the preparation of record construction drawings and for upgrading the
City base map shall be paid with the final plat and is calculated as follows:
3 lots /outlots x $75.00 /lot and outlot = $225.00
Lots and Outlots City Base Map Updating Rate Total
The Developer shall submit the final plat and construction drawings in an electronic
format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file.
The Developer shall pay a cash fee for City Engineering Administration. The
Developer has elected to provide a Letter of Credit as security for the Developer -
installed improvements. The fee for City Engineering Administration shall be based
on three percent (3.00 %) of the estimated construction cost, or $2,111.60.
CASH REQUIREMENTS
Park Dedication Fee
Sanitary Sewer Availability Charge (6.50 %)
Trunk Storm Sewer Area Charge
Crystal Lake Surcharge
Streetlight Operating Fee
Surface Water Management Fee
City Base Map Updating Fee
City Engineering Administration (3.00 %)
TOTAL CASH REQUIREMENT
RECOMMENDATION
$ 140,163.75
Due with
Building Permit
16,588.04
1,284.24
85.60
651.00
225.00
2,111.60
$ 161,109.23
Engineering recommends approval of the preliminary plat, easement vacation, final
plat, grading plan, utility plan and site plan for Hosanna 4 Addition, subject to the
comments within this report and the following:
Prior to City Council consideration:
• The Developer shall submit documentation of a private utility easement
between Lots 1 and 2 for the privately -owned and maintained sanitary sewer
service, water service and fire protection system and storm sewer that will
cross through both lots.
• The Developer shall submit a legal description and exhibit that establish a
temporary public drainage and utility easement across Outlot A, Hosanna 4
Addition, for the sedimentation basin.