HomeMy WebLinkAboutItem 09March 3, 2011 Item No.
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 Office /Residential Transition; b) an ordinance
rezoning property to PUD, Planned Unit Development District; c) a conditional use permit for a planned
shoreland development; d) a resolution approving the Kingsley Shores Senior Living preliminary and final
plat, e) a resolution vacating public roadway, drainage and utility easements; and f) a resolution
conveying City -owned property, and adopt the findings of fact as presented.
Adoption of this motion will allow the development of a 101 unit continuing care senior housing facility
and future O -R District use on currently undeveloped land.
Overview
Frank Schoeben has submitted applications and development plans for a 101 unit continuing care senior
housing facility to be known as Kingsley Shores Senior Living to be located east of the Charthouse
restaurant on the north side of Klamath Trail, west of Kenwood Trail (CSAH 5). Kingsley Shores Senior
Living proposes 23 independent living units, 46 assisted living units, and 32 memory care units. The
subject property lies within the shoreland overlay district for Lake Kingsley.
The Planning Commission held a public hearing at their February 17, 2011 meeting and unanimously
recommended approval of the Kingsley Shores Senior Living planning applications subject to the 18
stipulations listed in the February 11, 2011 planning report. There was no public comment.
Primary Issues to Consider
• Why have the preliminary and final plat plans been revised?
• What private easements are required for the Kingsley Shores Senior Living development?
• What Zoning Ordinance flexibilities are requested with the Kingsley Shores Senior Living PUD?
Supporting Information
• Resolution approving a Comprehensive Plan amendment
• Ordinance rezoning property to PUD, Planned Unit Development District
• Conditional use permit for a planned shoreland development
• Resolution approving the Kingsley Shores Senior Living preliminary and final plat
• Resolution vacating public roadway, drainage and utility easements
• Resolution and quit claim deed approving the conveyance of City owned land
• Signed development contract and PUD agreement
• Warranty deed conveying Outlot A, Kingsley Shores Senior Living to the City
• Findings of Fact
• Colored site plan, building floor plans and exterior building renderings
• February 17, 2011 Planning Commission meeting minutes
• February 16, 2011 Parks, Recreation and Natural Resources Committee meeting minutes
February 11, 2011 planning and engineering reports
0
Daryl •rey, Pla ing Director
KINGSLEY SHORES SENIOR LIVING
MARCH 7, 2011 CITY COUNCIL MEETING
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision ordinances and Comprehensive Plan
Notes:
Staff Analysis of Issues
• Why have the preliminary and final plat plans been revised?
The preliminary and final plat plans were revised by the developer following the Planning
Commission meeting to reflect a revised location for the sanitary sewer line being extended to
serve Lots 1 and 2 from the existing manhole off of Kenwood Trail.
• What private easements are required for the Kingsley Shores Senior Living development?
1. A driveway and parking cross access easement to allow shared driveway and parking
between the senior living facility on Lot 1 and the future office /commercial use on Lot 2.
2. A shared storm sewer easement to allow shared storm sewer improvements between the
senior living facility on Lot 1 and the future office /commercial use on Lot 2.
3. A sign easement to allow the senior living facility on Lot 1, the future office /commercial use
on Lot 2, and the Charthouse Restaurant to share a freestanding monument sign to be
constructed on Lot 1 with the development of the senior living facility on Lot 2. The exiting
Charthouse Restaurant off - premise sign, which is located within public street right -of -way,
will be removed with the construction of this shared freestanding monument sign.
• What Zoning Ordinance flexibilities are requested with the Kingsley Shores Senior Living PUD?
1. Buffer yard building setback and screening.
• A 50 foot building setback from Klamath Trail and a continuous 10 foot tall
berm /landscape screen is required; a 35 foot building setback and an undulating
berm /landscape screen is proposed.
2. Building height.
• A 35 foot building height is allowed; 39 feet is proposed.
3. Shared parking and driveway access.
• A five foot side yard parking and driveway setback is required; driveway access and
parking stalls located across property lines are proposed.
4. Underground parking stall depth.
• A 20 foot parking stall depth is required; 19 feet is proposed.
5. Shared freestanding sign.
• Two adjoining commercial uses are allowed to share a freestanding sign; the plans
propose three uses, including the existing Charthouse Restaurant, sharing a freestanding
monument sign on Lot 1.
2
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT
TO CHANGE THE LAND USE DESIGNATION OF PROPERTY FROM
COMMERCIAL TO OFFICE /RESIDENTIAL TRANSITION
WHEREAS, on February 17, 2011, the Lakeville Planning Commission met to
consider the application of Frank Schoeben for a Comprehensive Plan amendment to
change the land use designation of property from Commercial to Office /Residential
Transition to allow the construction of the 101 unit Kingsley Shores Senior Living
continuing care 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 affected school districts 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:
I. 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 by the Metropolitan Council and the
recording of the Kingsley Shores Senior Living final plat.
DATED this 7 day of March, 2011.
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a
duly authorized meeting thereof held on the 7 day of March, 2011, as shown by the
minutes of said meeting in my possession.
2
Charlene Friedges, City Clerk
(SEAL)
ATTEST:
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 867 BEING THE ZONING
ORDINANCE OF THE CITY OF LAKEVILLE
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Ordinance No. 867 is hereby amended to rezone the following described
property located within the City of Lakeville, Dakota County, Minnesota from C -3,
General Commercial District to:
PUD, Planned Unit Development District (Lots 1 and 2, Block 1, Kingsley
Shores Senior Living)
P -OS, Public -Open Space District (Outlot A, Kingsley Shores Senior Living)
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 provided
for in this Ordinance, and all of the notations, references and other information shown
thereon are hereby incorporated by reference and made a part of this Ordinance.
Section 3. This ordinance shall be effective upon its passage and publication,
Metropolitan Council approval of the Comprehensive Plan amendment for the subject
property, and the recording of the Kingsley Shores Senior Living final plat.
Adopted by the Lakeville City Council this 7 day of March, 2011.
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO.
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville hereby grants a conditional use permit for a planned shoreland development
for Kingsley Shores Senior Living.
2. Property. The permit is for the following described property in the City of
Lakeville, Dakota County, Minnesota:
Lot 2, Block 1, Kingsley Shores Senior Living
3. Conditions. This conditional use permit is issued subject to the following:
A. As allowed by Section 11- 102 -21 D.2.d of the Zoning Ordinance, 94 dwelling
units are being transferred from the residential shoreland density reserve to
the Kingsley Shores Senior Living development (101 d.u. proposed — 7 d.u.
allowed by density tiering = 94 d.u. transferred).
B. This conditional use permit is subject to the recording of the Kingsley
Shores Senior Living final plat.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the senior care facility
has not commenced construction, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
DATED: March 7, 2011
STATE OF MINNESOTA )
(
COUNTY OF DAKOTA )
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
BY:
BY:
CITY OF LAKEVILLE
Mark Bellows, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
2011, by Mark Bellows, Mayor and by Charlene Friedges, City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant
to authority granted by its City Council.
Notary Public
2
Reserved for Dakota County Recording Information
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT
OF KINGSLEY SHORES SENIOR LIVING
WHEREAS, the owner of the plat described as Kingsley Shores Senior Living
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 preliminary and final plat of Kingsley Shores Senior Living is hereby
approved subject to the developer's execution of the development contract
and planned unit development agreement, warranty deed conveying Outlot A
to the City, and security requirements.
2. The Mayor and City Clerk are hereby directed to sign the development
contract and planned unit development agreement, final plat mylars, and quit
claim deed for the land being conveyed by the City.
3. 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.
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
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.
Charlene Friedges, City Clerk
(SEAL)
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
RESOLUTION NO.
RESOLUTION VACATING PUBLIC ROADWAY, 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 easement
vacation, and
WHEREAS, the City Council has determined that it is in the public interest to
approve the easement vacation.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The public roadway, drainage and utility easements legally described on the
attached Exhibit A, are hereby vacated subject to the recording of the
Kingsley Shores Senior Living final plat.
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.
CITY OF LAKEVILLE
Mark Bellows, Mayor
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a
duly authorized meeting thereof held on the 7 day of March, 2011, as shown by the
minutes of said meeting in my possession.
Charlene Friedges, City Clerk
(SEAL)
EXHIBIT A
A permanent easement for drainage and utility purposes over, under and across the following
described property:
That part of the South Half of the Southwest Quarter of Section 1, Township 114, Range 21,
Dakota County, Minnesota, lying north of the centerline of County Road No. 44, according to
Dakota County Road Right-of-Way Map No. 86 (A.K.A. Klamath Trail, A.K.A. 169th Street
West, A.K.A. Orchard Lake Road), and lying west of the centerline of County Road No. 5,
according to Doc. No. 800588 Office of the County Recorder (A.K.A. C.S.A.H. No. 17, A.K.A.
Lyndale Avenue, A.K.A. Kenwood Trail), and Iyvng easterly of a line described as commencing
at the northeast corner of said South Half of the Southwest Quarter of Section 1; thence on an
assumed bearing of South 89 degrees 42 minutes 15 seconds West, along the north line of said
South Half of the Southwest Quarter of Section 1, a distance of 1,070.52 feet to the point of
beginning of said line to be described; thence South 30 degrees 54 minutes 53 seconds West a
distance of 809.52 feet; thence South 22 degrees 19 minutes 01 seconds East a distance of 396.98
feet to the centerline of said County Road No. 44 and said line there terminating.
Except that part of said South Half of the Southwest Quarter of Section 1, lying north of
said County Road No. 44, and lying west of the centerline of said County Road No. 5,
and lying easterly and southerly of a line described as commencing at the southeast
corner of said Southwest Quarter; thence North 89 degrees 52 minutes 15 seconds West,
assumed bearing, along the south line of said Southwest Quarter, a distance of 992.82 feet
to the point of beginning of the line to be described; thence North 01 degree 12 minutes
03 seconds West a distance of 709.08 feet; thence North 88 degrees 47 minutes 57
seconds East a distance of 234.74 feet to the centerline of said County Road No. 5 and
said line there terminating.
Also, except that part of said South Half of the Southwest Quarter of Section 1, lying
north of the centerline of said County Road No. 44, described as commencing at the
southeast corner of said Southwest Quarter; thence North 89 degrees 52 minutes 15
seconds West, assumed bearing, along the south line of said Southwest Quarter, a
distance of 992.82 feet; thence North 01 degree 12 minutes 03 seconds West a distance of
301.50 feet to the point of beginning of the property to be described; thence South 88
degrees 47 minutes 57 seconds West a distance of 25.00 feet; thence South 01 degrees 12
minutes 03 seconds East a distance of 68.01 feet to the centerline of said County Road
No. 44; thence southeasterly along the centerline of said County Road No. 44, a distance
of 25.39 feet to a line which bears South 01 degree 12 minutes 03 seconds East from the
point of beginning; thence North 01 degree 12 minutes 03 seconds West a distance of
72.41 feet to the point of beginning.
Said easement is described as follows:
Commencing at the northeast corner of said South Half of the Southwest Quarter; thence
on an assumed bearing of South 89 degrees 42 minutes 15 seconds West, along the north
line of said South Half of the Southwest Quarter a distance of 960.51 feet to the
intersection of the centerline of County Road No. 5 as described in Doc. No. 800588 and
to the point of beginning; thence continue South 89 degrees 42 minutes 15 seconds West,
along said north line, 110.01 feet; thence South 30 degrees 54 minutes 53 seconds West
787.34 feet to a point, for descriptive purposes only, is hereinafter referred to as "POINT
A"; thence continue South 30 degrees 54 minutes 53 seconds West 22.18 feet; thence
South 22 degrees 19 minutes 01 second East 56.72 feet; thence North 67 degrees 40
minutes 59 seconds East 38.00 feet; thence North 22 degrees 19 minutes 01 second West
50.00 feet; thence North 74 degrees 46 minutes 42 seconds East 210.59 feet; thence South
70 degrees 12 minutes 07 seconds East 195.57 feet; thence North 57 degrees 49 minutes
04 seconds East 66.32 feet; thence North 01 degree 12 minutes 03 seconds West 61.35
feet; thence North 88 degrees 47 minutes 57 seconds East 234.74 feet to the intersection
of the centerline of County Road No. 5 as described in Doc. No. 800588; thence
northwesterly, southwesterly and northwesterly along said centerline to the point of
beginning.
Together with a permanent easement for roadway, trail, drainage and utility purposes over, under
and across the above described property.
Said easement being all that part of said property which lies southerly of a line, 50.00 feet
northerly of, and parallel with the centerline of Dakota County Road Right -of -Way Map No. 86.
Together with a permanent easement for roadway, trail, drainage and utility purposes over, under
and across the above described property.
Said easement being all that part of said property which lies northeasterly of a line 75.00 feet
southwesterly of and parallel with the following described line:
Commencing at the southeast corner of said Southwest Quarter; thence North 89 degrees
52 minutes 15 seconds West, assumed bearing, along the south Iine of said Southwest
Quarter, a distance of 556.11 feet to the point of beginning of said line; thence
northwesterly 53.72 feet along a nontangential curve, concave to the northeast, having a
radius of 5,729.58 feet and a central angle of 00 degrees 32 minutes 14 seconds, the chord
of said curve bears North 16 degrees 38 minutes 02 seconds West; thence North 16
degrees 54 minutes 09 seconds West, tangent to lastdescribed curve, 711.84 feet; thence
South 73 degrees 05 minutes 51 seconds West 7.00 feet; thence North 16 degrees 54
minutes 09 seconds West 595.00 feet; thence northwesterly 174.77 feet along a tangential
curve, concave to the southwest, having a radius of 1,273.24 -feet and a central angle of 07
degrees 51 minutes 53 seconds and said line there terminating. .
A permanent easement for drainage and utility purposes over, under and across the following
described property:
That part of the South Half of the Southwest Quarter of Section 1, Township 114, Range 21,
Dakota County, Minnesota, lying north of the centerline of County Road No. 44, according to
Dakota County Road Right -of -Way Map No. 86 (A.K.A. Klamath Trail, A.K.A. 169th Street
West, A.K.A. Orchard Lake Road), and lying west of the centerline of County Road No. 5,
according to Doc. No. 800588 Office of the County Recorder (A.K.A. C.S.A.H. No. 17, A.K.A.
Lyndale Avenue, A.K.A. Kenwood Trail), and lying easterly and southerly of a line described as
commencing at the southeast corner of said Southwest Quarter, thence North 89 degrees 52
minutes 15 seconds West, assumed bearing, along the south line of said Southwest Quarter, a
distance of 992.82 feet to the point of beginning of the line to be described; thence North 01
degrees 12 minutes 03 seconds West a distance of 709.08 feet; thence North 88 degrees 47
minutes 57 seconds East a distance of 234.74 feet to the centerline of said County Road No. 5
and said line there terminating.
Said easement is described as lying northwesterly of the following described line:
Beginning at-a point the west Iine of the above described property, distant 61.35 feet
southerly of the northwest corner thereof; thence northeasterly to a point on the north line
of said property, distant 102.17 feet easterly of said northwest comer and said line there
terminating.
Together with a permanent easement for roadway, trail, drainage and utility purposes over, under
and across the above described property.
Said easement being all that part of said property which lies southwesterly of a line 50.00 feet
northeasterly of and parallel with the centerline of Dakota County Road Right - of-Way Map No.
86.
Together with a permanent easement for roadway, trail, drainage and utility purposes over, under
and across the above described property.
Said easement being all that part - of said property which lies northeasterly of a line 75.00 feet
southwesterly of and parallel with the following described line:
Commencing at the southeast corner of said Southwest Quarter, thence North 89 degrees
52 minutes 15 seconds West, assumed bearing, along the south line of said Southwest
Quarter, a distance of 556.11 feet to the point of beginning of said line; thence
northwesterly 53.72 feet along a nontangential curve, concave to the northeast, having a
radius of 5,729.58 feet and a central angle of 00 degrees 32 minutes 14 seconds, the chord
of said curve bears North 16 degrees 38 minutes 02 seconds West; thence North 16
degrees 54 minutes 09 seconds West, tangent to last described curve, 711.84 feet; thence
South 73 degrees 05 minutes 51 seconds West 7.00 feet; thence North 16 degrees 54
minutes 09 seconds West 595.00 feet and said line there terminating.
All that part of the South One Half of the Southwest quarter
(S1 /2 of SW1 /4) of Section One (1), Township One Hundred Fourteen
(114), Range Twenty -One (21), lying North of Orchard Lake Road
and West of Old Lyndale Road (Now State Aid Road No. 5) excepting
therefrom the following:
A. Commencing at a point on the center of the Lyndale Avenue
Road where said road crosses the Orchard Lake Road, being 116
feet North and 583 feet West of the Quarter Post as now located
on the South line of Section 1, Twp. 114, Range 21, thence North-
westerly along the center of the Lyndale Avenue Road 650 feet,
thence West 230 feet, thence South 480 feet, thence Southeasterly
445 feet to the place of beginning and c : :ntaining 3 95/100 acres,
B. Commencing at a point in the center of Orchard Lake Road,
said point being 994 feet West and 236.4 feet North of the SE
.corner of the SW1 /4 of Section 1, Twp. 114, Range 21, thence
North 64.7 feet, thence West 25 feet, thence South 58.9 feet to
the center of said road, thence Southeasterly along the center of
said road 25.6 feet to the place of beginning
according to the Government survey thercnf, Dakota County,
Minnesota;
Which lies within the following describes: perpetual easement for
public street purposes:
All that part of the above described parcel which lies within a
strip of land 80.00 feet in width, the centerline of which is
described as follows:
Commencing at the Southeast corner of said Southwest Quarter;
thence on an assumed bearing of North 89 degrees, 54 minutes, 43
seconds West, along the South line of said Southwest Quarter a
distance of 556.11 feet to the point of 1eginning of said center-
line to be described; thence Northwesterly a distance of 53.73
feet on a non - tangential curve, concave to the Northeast, the
central angle of which is 00 degrees, 32 minutes, 14 seconds, the
radius of which is 5729.58 feet and the chord of which bears
North 16 degrees, 57 minutes, 14 seconds hest; thence North 16
degrees, 41 minutes, 07 seconds West tangent with last described
curve a distance of 711.84 feet; thence :south 73 degrees, 18
minutes, 53 seconds West a distance of 7.00 feet to a point to be
hereinafter referenced to as point "C "; thence North 16 degrees,
41 minutes, 07 seconds West a distance of 595.00 feet; thence
Northwesterly a distance of 174.77 feet on a tangential curve
concave to the Southwest, the central angle of which is 07 de-
grees, 51 minutes, 53 secdnds, the radius of which is 1273.24
feet and there terminating]
And which lies within the following described perpetual easement
for public drainage purposes:
That part of said parcel which lies within a strip of land 20.00
feet in width the centerline of which is described as follows:
Commencing at above reference Point "C "; thence North 16 degrees,
41 minutes, 07 seconds West a distance of 154.77 feet to the
beginning of said centerline to be described; thence South 73
degrees, 18 minutes, 53 seconds West a distance of 100.00 feet
and there terminating,
Soid strip of land is to extend by its full width from the South-
westerly line of above described perpetual easement to a line
extended Southeasterly and Northwesterly at right angle to said
centerline through said point of termination'
That part of the following described parcel in the City of Lakeville
Commencing at a point on the center line of the Lyndale Avenue Road
where said road crosses the Orchard Lake Road in the SE's of the SW's
of Section 1, Township 114, Range 21, said point being 116 feet North
and 583 feet West of the quarter post as now located on the South line
of Section 1, Township 114, Range 21; thence Northwesterly along the
center of the Lyndale Avenue Road 650 feet; thence West 230 feet;
thence South 480 feet; thence Southeasterly 445 feet to the place of
beginning, containing 3.95 acres and being a Dart of the SE's of the
SW4 of Section 1, Township 114, Range 21, according to the U.S.
Government Survey thereof,
Which lies within the following described perpetual easement for Public Street
Purposes: •
All that part of the Southwest Quarter of Section 1, Township 114, Range 21,
Dakota County, Minnesota, which lies within a strip of land 80.00 feet in
width, the centerline of which is described as follows:
Commencing at the Southeast corner of said Southwest Quarter; thence
on an assumed bearing of North 89 degrees, 54 minutes, 43 seconds'
West, along the South line of said Southwest Quarter a distance of
556.11 feet to the point of beginning of said centerli'he to be
described; thence Northwesterly a distance of 53.73 feet on a non -
tangential curve, concave to the Northeast, the central angle of which
is 00 degrees, 32 minutes, 14 seconds, the radius of which is
5729.58 feet and the chord of which bears North 16 degrees, 57 minutes,
14 seconds West to a point to be hereinafter referenced as point "A ";
thence North 16 degrees, 41 minutes, 07 seconds West tangent with last
described curve a distance of 711.84 feet; thence South 73 degrees, 18
Minutes, 53 seconds West a distance of 7.00 feet; thence North 16
degrees, 41 minutes, 07 seconds West a distance of 595.00 feet; thence
Northwesterly a distance of 174.77 feet on a tangential curve concave
to the Southwest, the central angle of which is 07 degrees, 51 minutes,
53 seconds, the radius of which is 1273.24 feet and there terminating,
Said strip of land ' - 'to extend by its full width fr said South line
of the Southwest Quarter of Section 1 to a line extended Southwesterly,
radial through said point of termination.
Also all that part of said Southwest Quarter described as follows:
Commencing at above said referenced Point "A "; thence South 73 degrees,
18 minutes, 53 seconds West a distance of 40.00 feet; thence North
16 degrees, 41 minutes, 07 seconds West•a distance of 94.67 feet to
the point of beginning of said parcel to be described; thence North
72 degrees, 56 minutes, 17 seconds West a distance of 80.18 feet; thence
North 17 degrees, 03 minutes, 43 seconds East a distance of 40.00 feet
to a ooint herinafter to be referenced as Point "8 "; thence North
58 degrees, 20 minutes, 42 seconds East a distance of 46.01 feet to an
intersection with a line parallel with and distant 40.00 feet South-
westerly of the above said described centerline; thence Southeasterly
along said parallel line to the point of beginning.
Reserved for Dakota County Recording Information
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE CONVEYANCE OF CITY -OWNED LAND
FOR INCLUSION IN THE KINGSLEY SHORES SENIOR LIVING
PRELIMINARY AND FINAL PLAT
WHEREAS, Frank M. Schoeben has requested Lakeville City Council approval of
the Kingsley Shores Senior Living preliminary and final plat; and
WHEREAS, the proposed Kingsley Shores Senior Living preliminary and final plat
includes the City -owned property described on the attached Exhibit A; and
WHEREAS, the City desires that the City -owned property described on the
attached Exhibit A be conveyed to Frank M. Schoeben and Vicki A. Schoeben, Trustees of
the Frank M. Schoeben Living Trust dated October 8, 1996 for inclusion in the preliminary
and final plat of Kingsley Shores Senior Living.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lakeville, Minnesota:
1. The City Council hereby approves the conveyance of the City -owned
property described on the attached Exhibit A to Frank M. Schoeben and
Vicki A. Schoeben, Trustees of the Frank M. Schoeben Living Trust dated
October 8, 1996 for inclusion in the preliminary and final plat of Kingsley
Shores Senior Living.
1
ATTEST:
2. The requirements of Minn. Stat. § 462.356, Subd. 2 are dispensed with the
City Council finding that the proposed disposal of real property has no
relationship to the comprehensive municipal plan.
3. The Mayor and City Clerk are authorized to execute the necessary
documentation to convey and transfer title of the City -owned property
described on the attached Exhibit A to Frank M. Schoeben and Vicki A.
Schoeben, Trustees of the Frank M. Schoeben Living Trust dated October 8,
1996, contingent upon the recording of the Kingsley Shores Senior Living
final plat.
ADOPTED this 7th day of March, 2011, by the City Council of the City of Lakeville,
Minnesota.
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
( ss.
CITY OF LAKEVILLE )
(Seal)
2
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
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
EXHIBIT A
That part of the South Half of the Southwest Quarter of Section 1, Township 114, Range
21, Dakota County, Minnesota, lying Northerly of the centerline of Dakota County Road
No. 44, and is described as follows:
Commencing at the Southeast corner of said Southwest Quarter; thence North 89 degrees
52 minutes 15 seconds West, assumed bearing, along the south line of said Southwest
Quarter, a distance of 992.82 feet; thence North 01 degree 12 minutes 03 seconds West, a
distance of 301.50 feet to the point of beginning; thence South 88 degrees 47 minutes 57
seconds West a distance of 25.00 feet; thence South 01 degree 12 minutes 03 seconds
East, a distance of 68.01 feet to the centerline of Dakota County Road No. 44; according
to the Dakota County Road Right -of -Way Map No. 86 on file in the office of the County
Recorder, Document No. 886810; thence Southeasterly along said centerline of Dakota
County Road No. 44, a distance of 25.39 feet to the intersection of a line which bears
South 01 degree 12 minutes 03 seconds East from said point of beginning; thence North
01 degree 12 minutes 03 seconds West a distance of 72.41 feet, to said point of
beginning.
Schoeben -Chart House Senior Living Exhibit A -legal to PA 1
STATE DEED TAX DUE HEREON: $1.65
Date:
FOR VALUABLE CONSIDERATION, the CITY of LAKEVILLE, a Minnesota municipal
corporation, Grantor, hereby conveys and quitclaims to FRANK M. SCHOEBEN and VICKI A.
SCHOEBEN, TRUSTEES OF THE FRANK M. SCHOEBEN LIVING TRUST DATED
OCTOBER 8,1996, Grantee, real property in Dakota County, Minnesota, described as follows:
SEE ATTACHED EXHIBIT A
together with all hereditaments and appurtenances.
TOTAL CONSIDERATION OF THIS TRANSFER IS $500.00 OR LESS.
QUIT CLAIM DEED
(Corporation or Partnership to Individual)
Check box if applicable
The Seller certifies that the seller does not know of any wells on the described real
property.
A well disclosure certificate accompanies this document.
I am familiar with the property described in this instrument and I certify that the status and
number of wells on the described property have not changed since the last previously filed
well disclosure certificate.
QCD -City of Lakeville to Schoeben Trust/Portion of Tiny Exception #2 1
STATE OF MINNESOTA )
)
COUNTY OF DAKOTA )
ss
THIS DOCUMENT DRAFTED BY:
R. GLENN NORD, & ASSOCIATES, P.A.
20686 Holyoke Avenue
P. O. Box 427
Lakeville, MN 55044
City of Lakeville
By:
(Mark Bellows)
Its Mayor
By:
(Charlene Friedges)
Its Clerk
The foregoing instrument was acknowledged before me this day of
, 2011, by Mark Bellows and by Charlene Friedges, respectively 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
Check here if part of all of the land is Registered (Torrens)
Tax Statements for the real property
described in this instrument should to be sent
to (include name and address of Grantee):
Frank M. Schoeben & Vicki A. Schoeben, Trustees
of the Frank M. Schoeben Living Trust Dated
October 8, 1996
17433 Kodiak Avenue West
Lakeville, MN 55044
QCD -City of Lakeville to Schoeben Trust/Portion of Tiny Exception #2 2
EXHIBIT A
That part of the South Half of the Southwest Quarter of Section 1, Township 114, Range
21, Dakota County, Minnesota, lying Northerly of the centerline of Dakota County Road
No. 44, and is described as follows:
Commencing at the Southeast corner of said Southwest Quarter; thence North 89 degrees
52 minutes 15 seconds West, assumed bearing, along the south line of said Southwest
Quarter, a distance of 992.82 feet; thence North 01 degree 12 minutes 03 seconds West, a
distance of 301.50 feet to the point of beginning; thence South 88 degrees 47 minutes 57
seconds West a distance of 25.00 feet; thence South 01 degree 12 minutes 03 seconds
East, a distance of 68.01 feet to the centerline of Dakota County Road No. 44; according
to the Dakota County Road Right -of -Way Map No. 86 on file in the office of the County
Recorder, Document No. 886810; thence Southeasterly along said centerline of Dakota
County Road No. 44, a distance of 25.39 feet to the intersection of a line which bears
South 01 degree 12 minutes 03 seconds East from said point of beginning; thence North
01 degree 12 minutes 03 seconds West a distance of 72.41 feet, to said point of
beginning.
Schoeben -Chart House Senior Living Exhibit A -legal to PA 1
(reserved for recording information)
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
KINGSLEY SHORES
SENIOR LIVING
AGREEMENT dated , 2011, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ( "City "), and CHARTHOUSE SENIOR LIVING, LLC, a
Minnesota limited liability company (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 KINGSLEY SHORES
SENIOR LIVING (referred to in this Contract as the "plat "). The land is situated in the County of Dakota, State
of Minnesota, and is legally described on the attached Exhibit "A ".
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.
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
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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 E, the
plans may be prepared, subject to City approval, after entering the Contract, but before commencement of
any work in the plat. The erosion control plan may also be approved by the Dakota County Soil and Water
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Conservation District. If the plans vary from the written terms of this Contract, the written terms shall
control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Overall Site Plan
Plan F - Site Plan
Plan G - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Public and Private Sanitary Sewer Systems
B. Water System
C. Public and Private Storm Sewer Systems
D. Streets
E. Concrete Curb and Gutter
F. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
G. Underground Utilities
H. Setting of Iron Monuments
I. Surveying and Staking
J. Sidewalks and Trails
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the
City Code concerning erosion and drainage and Section 4 -1 -4 -2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer's engineer will be able to certify that the construction work meets the approved City standards
as a condition of City acceptance. In addition, the City may, at the City's 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
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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:
• Minnesota Department of Health for Watermains
• NPDES Permit for Stormwater Connections
• MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
• DNR for Dewatering
• City of Lakeville for Building Permits
• MCES for Sanitary Sewer Connections
• City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
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applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by November 30, 2012. The Developer may, however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect
cost increases and the extended completion date. Final wear course placement outside of this time frame
must have the written approval of the City Engineer.
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
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
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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 ", subject to construction plan review comments from the
City Engineer. 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
include monitoring of construction observation, consultation with Developer and his engineer on status or
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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 Kingsley Shores Senior Living includes the
construction of public and private storm sewer systems. The public storm sewer system consists of the
modification to the existing storm sewer system within Klamath Trail to accommodate the street
widening. The proposed public storm sewer will be located within right -of -way and maintained by the
City. The private storm sewer will be located within Outlot A and Lots 1 and 2 and will collect and convey
stormwater runoff generated from within the Tots to the underground stormwater system and Kingsley
Lake. Before the City signs the final plat, the Developer must submit documentation of the private utility
easement to maintain the common storm sewer outlet between the two parcels. The storms sewer
systems will be privately owned and maintained by each respective parcel owner.
The parent parcels of Kingsley Shores Senior Living were previously assessed for the trunk storm
sewer area charge and the assessment has been paid. The Developer will receive trunk storm sewer
credits for conveying Outlot A to the City. The credit for the 6.21 acres of land is $34,155.00 and is
calculated at the rate of $5,500.00 per acre, consistent with City policy.
20. SANITARY SEWER. Development of Kingsley Shores Senior Living includes the
construction of public sanitary sewer from an existing manhole within Kenwood Trail and to extend 8 -inch
sanitary sewer through Lot 1 and Lot 2. Privately owned and maintained sanitary sewer services will be
extended from the 8 -inch public sanitary sewer to provide service to Lots 1 and 2.
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The parent parcels of Kingsley Shores Senior Living were previously assessed for the trunk
sanitary sewer area charge and sanitary sewer improvements along Kenwood Trail, and the
assessments have been paid. The City records indicate the Developer is eligible for two (2) sanitary
sewer unit connection charge credits.
21. WATERMAIN. Development of Kingsley Shores Senior Living will not require public
watermain construction. Individual water services will be constructed to each lot from existing watermain
located in Klamath Trail. The parent parcels of Kingsley Shores Senior Living were previously assessed
for the watermain improvements along Klamath Trail and Kenwood Trail, and the assessments have been
paid. City records indicate the Developer is eligible for two (2) watermain unit connection charge credits.
22. KENWOOD TRAIL AND KLAMATH TRAIL IMPROVEMENTS. The parent parcels of
Kingsley Shores Senior Living were previously assessed for the street improvements to Kenwood Trail as
part of City of Lakeville Project No. 84 -2, and the assessment has been paid. The Developer is proposing
to widen and urbanize Klamath Trail in lieu of the cash fee for future upgrading of the adjacent street. The
Klamath Trail improvements to be completed by the Developer shall include curb and gutter, bituminous
mill and overlay, and widening and urbanization of the north half of existing Klamath Trail from Kenwood
Trail to Charthouse Restaurant property line to include a right turn lane at the shared driveway access
between Lots 1 and 2, Block 1, Kingsley Shores Senior Living.
23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility, parking lot and building construction is restricted to access the site by only one of the proposed
driveway locations on Klamath Trail via Kenwood Trail.
24. PARK DEDICATION AND TRAILS. The City's Parks, Trails and Open Space Plan does
not designate any area within the Kingsley Shores Senior Living plat as future park land. The City's park
dedication requirement for the parent parcels of Kingsley Shores Senior Living was satisfied through a
cash contribution paid with the administrative subdivision of the parent parcels in 1997.
Development of Kingsley Shores Senior Living includes 10 -foot wide bituminous public trail
construction along Klamath Trail from Kenwood Trail to the driveway of the adjacent Charthouse
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Restaurant property. The Developer is fully responsible for the trail grading and restoration. The
construction cost for the bituminous pavement and aggregate base of the trail shall be divided with 50%
being the Developer's cost and 50% being the City's cost for the trail segment from Kenwood Trail to the
western Kingsley Shores Senior Living plat boundary. The City will be responsible for 100% of the cost of
the trail segment from the western Kingsley Shores Senior Living plat boundary to the Charthouse
Restaurant driveway. The estimated reimbursement is $16,761.12 and is based on an estimate provided
in part by the Developer's engineer.
25. RETAINING WALLS. Development of Kingsley Shores Senior Living includes the
construction of retaining walls along the east (upper -tier and lower -tier) and west side (lower -tier only) of
the underground parking driveway access. The walls will vary in height between one and four feet and will
be privately -owned and maintained by the Developer. The walls must be constructed outside the
established drainage and utility easements, as shown on the Kingsley Shores Senior Living development
plans. Retaining walls with a combined height greater than four feet shall be designed by a registered
geotechnical or structural engineer and constructed in accordance with plans and specifications consistent
with MnDOT requirements. A separate building permit from the City's Building Inspections Department is
required prior to construction of all walls over four feet in height. The walls shall be inspected during
construction and certified by the design engineer following construction. Before the City signs the final plat,
the Developer shall post a $9,125.00 security to guarantee construction of the retaining walls in
accordance with the approved plans.
26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The
Developer shall pay to the City a cash fee for street signs in the amount of $350.00, which consists of one
right turn lane sign at $350.00. If the street posts are installed in frost conditions, the Developer shall pay
an additional $150.00 at each street post location. The Developer shall also pay a cash fee for one -year of
streetlight operating expenses for Lots 1 and 2. Consistent with City policy, the streetlight operating fee is
based on a commercial development so as to provide a more comparable rate to the anticipated usage,
and is calculated as follows:
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1,210 ff (Klamath Tr. & Kenwood Tr. Street Front Footage) x $0.214 /ff /qtr x 4 qtrs = $1,035.76
The Developer must pay the above street sign fee and streetlight operating fee in cash at the time of final
plat approval.
27. SURFACE WATER MANAGEMENT UTILITY FEE. The Developer shall pay the City a
cash fee for one -year of surface water management expenses for Lots 1 and 2 calculated as follows:
LOT 2: 101 dwelling units x 0.25 REU x $7.00/unit/qtr x 4 qtrs = $707.00
LOT 1: 1.96 acres x 4.2 REU x 30 %/42% x $7.00/unit/qtr x 4 qtrs = $164.64
(commercial lot) reduction for less
than 42% impervious
The above surface water management utility fees must be paid in cash at the time of final plat approval.
28. LANDSCAPING. Landscaping shall be installed in accordance with the approved
landscape plan. The Developer shall post a $97,000.00 security at the time of final plat approval to
guarantee installation of the approved landscaping. Since the senior living facility on Lot 2 abuts a major
collector street (Klamath Trail) it is subject to the buffer yard requirements of the City zoning ordinance.
Landscaping is proposed on an undulating three foot high berm along Klamath Trail in front of the
proposed senior living facility. The proposed buffer yard landscaping does not provide a continuous 10-
foot tall berm /landscaping screen in order to provide residents of the senior living facility with view
corridors to the public street and trails, and also so the front of the building does not become obscured by
the landscaping.
29. TREE PRESERVATION. The Developer must post a 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 Kingsley Shores Senior Living:
Block 1: Lots 1 and 2 2 lots @ $1,500.00 each = $3,000.00
Outlot A 1 outlot @ $1,000.00 each = $1,000.00
Total Tree Preservation Security $4,000.00
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Prior to the issuance of a certificate of occupancy 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.
30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations in the February 11, 2011, Engineering
report.
B. Implementation of the recommendations of the Parks, Recreation, and Natural
Resources Committee.
C. The exception parcel must be conveyed by quit claim deed to the property owner
consistent with the administrative subdivision approved in 1997.
D. Before the City signs the final plat, the Developer shall convey Outlot A to the City
by warranty deed, free and clear of any and all encumbrances.
E. The existing overhead utility lines on the north side of Klamath Trail must be buried
at the Developer's expense. Before the City signs the final plat, the Developer shall post a $23,000.00
security to ensure that the work is completed per all applicable codes and regulations. The security is
based on a cost estimated provided by Dakota Electric Association.
F. Before the City signs the final plat, the Developer shall post a $1,000.00 security to
guarantee removal of the existing foundation on the site.
G. Before the City signs the final plat, the Developer shall post a $2,000.00 security to
guarantee placement of the on -site private signs and pavement markings.
H. The Kingsley Shores Senior Living facility shall be developed consistent with the
plans approved by the City Council. The Planned Unit Development (PUD) flexibilities for Kingsley Shores
Senior Living include buffer yard building setback and screening, building height, shared parking and
access, underground parking stall depth, and a shared freestanding sign on Lot 1.
I. A total of 94 dwelling units will be transferred to the Kingsley Shores Senior Living
development as allowed in the residential shoreland density reserve section of the City zoning ordinance.
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J. 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
K. Before the City signs the final plat, the Developer shall provide private agreements
for shared parking and driveway access and shared storm water drainage facilities between Lot 1 and Lot 2
in a form acceptable to the City Attorney. The agreements must include maintenance responsibilities.
L. The Developer must install "fire lane" signage along the driveway in front of the
senior housing facility as recommend by the Lakeville Fire Department.
M. Any rooftop mechanical equipment must be screened from public view in
compliance with City zoning ordinance requirements.
N. Detailed Tight 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 City zoning ordinance.
O. Development signage must 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 City 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.
P. Prior to City Council approval of the final plat, the Developer shall furnish a boundary
survey of the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The
Developer shall post a $300.00 security for the final placement of interior subdivision iron monuments at
property corners. The security was calculated as follows: 3 lots or outlots at $100.00 per lot/outlot. The
security will be held by the City until the Developer's land surveyor certifies that all irons have been set
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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.
Q. 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.
R. 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.
31. 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 $434,775.69, plus a cash fee of $7,682.85 for City engineering
administration. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
Sanitary Sewer Construction $ 34,215.00
Watermain Construction 5,000.00
Storm Sewer Construction 6,250.00
Underground Stormwater System 90,000.00
Street Construction 44,400.00
Trails and Driveway Entrance Construction 54,700.00
Site Grading /Erosion Control /Restoration /Grading Certification 21,620.00
CONSTRUCTION SUB -TOTAL $ 256,095.00
OTHER COSTS:
Developer's Design (6.0 %) $ 15,365.70
Developer's Construction Survey (2.5 %) 6,402.38
City Legal Expenses (Est. 0.5 %) 1,280.48
City Construction Observation (Est. 7.0 %) 17,926.65
156322v02 13 LKVL:KINGSLEY SHORES SENIOR LIVING
SRN:r02 /24/2011 (Charthouse Senior Living, LLC)
Developer's Record Drawings (0.5 %) 1,280.48
Landscaping 97,000.00
Tree Preservation 4,000.00
Retaining Walls 9,125.00
Remove In -place Foundation 1,000.00
Bury Overhead Utilities 23,000.00
On -site Private Signs and Pavement Markings 2,000.00
Lot Corners /Iron Monuments 300.00
OTHER COSTS SUB -TOTAL $ 178,680.69
TOTAL PROJECT SECURITIES: $ 434,775.69
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.
32. 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:
Traffic Control Signs
Street Light Operating Fee
Surface Water Management Utility Fee
City Base Map Updating
City Engineering Administration (3 %)
TOTAL CASH REQUIREMENTS
$ 350.00
1,035.76
871.64
225.00
7,682.85
$ 10,165.25
156322v02 14 LKVL:KINGSLEY SHORES SENIOR LIVING
SRN:r02 /24/2011 (Charthouse Senior Living, LLC)
Cash Reimbursement Due Developer:
Trail Reimbursement Credit to Cash Fees
Credit for Deeding Outlot A to the City
TOTAL CASH REIMBURSEMENT
TOTAL CASH REIMBURSEMENT
$ 16,761.12
34,155.00
$ 50,916.12
$ 40.750.87
33. 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.
34. 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.
156322v02 15 LKVL:KINGSLEY SHORES SENIOR LIVING
SRN:r02 /24/2011 (Charthouse Senior Living, LLC)
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 Tots, 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.
35. 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.
36. 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.
156322v02 16 LKVL:KINGSLEY SHORES SENIOR LIVING
SRN:r02/24/2011 (Charthouse Senior Living, LLC)
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 public and private
streets prior to issuance of a certificate of occupancy.
F. If building permits are issued prior to the acceptance of public improvements, the
Developer assumes all liability and costs resulting in delays in completion of public improvements and
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.
156322v02 17 LKVL:KINGSLEY SHORES SENIOR LIVING
SRN:r02/24/2011 (Charthouse Senior Living, LLC)
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 lots, 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.
156322v02 18 LKVL:KINGSLEY SHORES SENIOR LIVING
SRN:r02 /24/2011 (Charthouse Senior Living, LLC)
37. 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: 340 Highway 10 So., St. Cloud, Minnesota 56304. 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.]
156322v02 19 LKVL:KINGSLEY SHORES SENIOR LIVING
SRN:r02 /24/2011 (Charthouse Senior Living, LLC)
(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
156322v02 20 LKVL:KINGSLEY SHORES SENIOR LIVING
SRN:r02 /24/2011 (Charthouse Senior Living, LLC)
STATE OF MINNESOTA
COUNTY OF DAKOTA
, c k ,
The foreg ing instrument was acknowledged before me this 2 ' day of fro 1 c A ,
2011, by --V f)') 5tJ0() the Chief Manager of Charthouse Senior Living, LLC, a
Minnesota limited liability company, on behalf of the company.
PENNY 8REV1G
NOTARY PUBUC- MIRIEROTA
I Caminito Expires An 31, 2015
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
RNK:srn
( s s.
DEVELOPER:
CHARTHOUSE SENIOR LIVING, LLC
BY:
its Chief Manager
NOTARY
LIC
156322v02 21 LKVL:KINGS LEY SHORES SENIOR LIVING
SRN:r02/24/2011 (Charthouse Senior Living, LLC)
MARY CATHERINE CHRISSEN
Notary Publio- Minneso
b cxmvN lan EiipIms an 81.201E
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(651) 452-5000
RNK:srn
156322v02
SRN:r02 /24/2011
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
FRANK M. SCHOEBEN and VICKI A. SCHOEBEN, TRUSTEES OF THE FRANK M.
SCHOEBEN LIVING TRUST DATED OCTOBER 8, 1996, fee owners of all or part of the subject property,
the development of which is governed by the foregoing Development Contract, affirm and consent to the
provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the
subject property owned by them.
Dated this `_ r day of MU c 2011.
J
FRANK M. SCHOEBEN, Trustee of the Frank M.
`Schoeben Living Trust dated Qctober 8, 1996
-�L(i
VICKI A. SCHOEBEN, Trustee of the Frank M.
Schoeben Living Trust dated October 8, 1996
STATE OF MINNESOTA )
( ss.
COUNTY OF Da O to )
The foregoing instrument was acknowledged before me this 34i day of M4 y' 2011,
by FRANK M. SCHOEBEN and VICKI A. SCHOEBEN, Trustees of the Frank M. Schoeben Living Trust
dated October 8, 1996, on behalf of the Trust.
22 LKVL:KINGSLEY SHORES SENIOR LIVING
(Charthouse Senior Living, LLC)
WARRANTY DEED
Corporation or Partnership to Corporation or Partnership
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
( 1 filed ( ) not required
Certificate of Real Estate Value No.
,2
STATE DEED TAX DUE HEREON: $1.65
THE TOTAL CONSIDERATION FOR THIS TRANSFER
IS LESS THAN $500.00.
AFFIX DEED TAX STAMP HERE
STATE OF MINNESOTA
COUNTY OF PA KdTA
(NOTARY SEAL)
156370v01
SRN:02/18/2011
County Auditor
By
Deputy
DATED: , 2011
FOR VALUABLE CONSIDERATION, CHARTHOUSE SENIOR LIVING, LLC, a Minnesota limited
liability company, Grantor, hereby conveys and warrants to the CITY OF LAKEVILLE, a municipal corporation
under the laws of the State of Minnesota, Grantee, real property in Dakota County, Minnesota, described as
follows:
Outlot A, KINGSLEYSHORES SENIOR LIVING, according to the recorded plat
thereof Dakota County, Minnesota,
(if more space is needed continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
(NONE)
THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE ABOVE DESCRIBED REAL PROPERTY.
( ss.
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, MN 55121
Telephone: (651) 452 -5000
SRN:ms
CHARTHOUSE SENIOR LIVING, LLC
(Lance E. emieux
Its Vice President
(reserved for recording data)
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
The foregoing instrument was acknowledged before me this 3 day of , 2011,
by Frank M. Schoeben and by Lance E. Lemieux the President and the Vice - President of Charthouse Senior
Living, LLC, a Minnesota limited liability company, on behalf of the company.
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO (INCLUDE NAME AND ADDRESS OF
GRANTEE):
LKVL:KINGSLEY SHORES SENIOR LIVING
(Outlot A — Wetland)
FINDINGS OF FACT
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
KINGSLEY SHORES SENIOR LIVING
ZONING MAP AMENDMENT AND CONDITIONAL USE PERMIT
FINDINGS OF FACT
On February 17, 2011 the Lakeville Planning Commission met at its regularly scheduled
meeting to consider a Zoning Map amendment to rezone property from C -3, General
Commercial District to PUD, Planned Unit Development District and a conditional use permit to
allow a planned shoreland development for Kingsley Shores Senior Living. The Planning
Commission conducted a public hearing on the proposed Zoning Map amendment and
conditional use permit 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:
1. The property is currently zoned C -3, General Commercial District. The property is proposed
to be rezoned to PUD, Planned Unit Development District subject to the O -R,
Office /Residential Transition District uses and performance standards.
2. The subject site is located in Comprehensive Planning District 1, which guides the property
for commercial uses. A Comprehensive Plan amendment is proposed to re -guide the
subject property for office /residential transition uses.
3. Legal description of the proposed property is:
Lots 1 and 2, Block 1, Kingsley Shores Senior Living
4. Chapter 4 of the City of Lakeville Zoning Ordinance provides that a conditional use permit
may not be issued unless certain criteria are satisfied. The criteria and our findings
regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City
Comprehensive Plan.
The Comprehensive Plan amendment will re -guide the subject property for
office /residential transition uses. A continuing care senior living facility is proposed on
Lot 2 and a future commercial /office use is proposed on Lot 1 consistent with allowed
office /residential transition uses. The Comprehensive Plan identifies residential land
use and housing goals that promote a variety of housing types, styles and choices to
meet the changing needs of Lakeville's population, encourage assisted senior living
facilities in response to Lakeville's changing demographic profile, and provide sufficient
life cycle housing options to meet the needs of all segments of Lakeville's population.
The proposed Kingsley Shores Senior Living development is consistent with the
Comprehensive Plan residential land use and housing goals.
1
b. The proposed use is or will be compatible with present and future land uses of the
area.
The proposed continuing care senior living facility and future commercial /office uses
are compatible with existing and proposed adjacent land uses.
c. The proposed use conforms to all performance standards contained in the Zoning
Ordinance and the City Code.
The proposed continuing care senior living facility and future commercial /office uses
meet the performance standards contained in the Zoning Ordinance and City Code
except as allowed by the planned unit development.
d. The proposed use can be accommodated with existing public services and will
not overburden the City's service capacity.
The proposed continuing care senior living facility and future commercial /office uses
can be accommodated with the public services available to serve the subject property.
e. Traffic generated by the proposed use is within capabilities of streets serving the
property.
Kenwood Trail and Klamath Trail have the capacity to handle the traffic generated by
the proposed continuing care senior living facility and future commercial /office uses.
5. The planning report dated February 11, 2011 prepared by Planning Director Daryl Morey is
incorporated herein.
DATED: March 7, 2011
2
CITY OF LAKEVILLE
BY:
BY:
Mark Bellows, Mayor
Charlene Friedges, City Clerk
The following handouts in reference to Agenda Item 7, Malt -O -Meal
mpany:
• . . arison of Setback, Screening and Building Height Along North
Proper ne table.
• Copies of a p- ' 'on opposed to Malt -O -Meal encroaching upon or
vacating the conserv. ' • n easement.
• Revised Exhibit A - 2011 i an.
3. Colored rendering of the Hosanna ' ' . dition senior living facility.
4. A copy of the 2011 Land Use Planning Wo ops brochure. If anyone is
interested in attending any of the workshops sure to contact Ms.
Brevig.
ITEM 5. KINGSLEY SHORES SENIOR LIVING
Planning Commission Meeting
February 17, 2011
Page 2
Mr. Morey introduced and welcomed our new ex- officio member of the P
Commission, Officer Shawn Fitzhenry.
Chair Davis opened the public hearing to consider the application of Frank M.
Schoeben for the following, located west of Kenwood Trail (C.R. 5) and north of
Klamath Trail: A. Comprehensive Plan amendment to re -guide property from
Commercial to Office /Residential Transaction, B. Zoning Map amendment to
rezone property from General Commercial District to PUD, Planned Unit
Development District, C. Conditional Use Permit for a planned shoreland
development, D. Development and final stage planned unit development for a
senior housing facility, E. Preliminary and final plat of two lots and one outlot to be
known as Kingsley Shores Senior Living, and F. Vacation of public easements. The
Recording Secretary attested that the legal notice had been duly published in
accordance with State Statutes and City Code.
Frank Schoeben introduced himself and thanked the City for their efforts in the last
61/2 years on making this project a reality.
Matt Frisbie, from Frisbie Architects presented an overview of their request. He
presented colored renderings of the senior living facility which were not provided
for the Planning Commission packets.
Planning Director Daryl Morey presented the planning report and described each
of the applications submitted in conjunction with the Kingsley Shores Senior Living
development as well as the requested PUD flexibilities. Mr. Morey stated that the
proposed Kingsley Shores Senior Living development will meet the City's
comprehensive planning goals of providing a variety of life cycle housing choices
to meet the changing needs of Lakeville's population. He indicated that the
proposed development has been carefully planned to meet Zoning Ordinance
requirements, subject to the flexibilities allowed by the planned unit development,
in a natural environment lake setting. Mr. Morey indicated there is a small
exception parcel that was not deeded to the City with an administrative subdivision
approved in 1997 that will be conveyed by the City by quit claim deed to the
property owner with the final plat.
Mr. Morey stated that should the Planning Commission recommend approval of
the Kingsley Shores Senior Living planning applications, Planning Department staff
recommends the 18 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.
There were no comments from the audience.
Planning Commission Meeting
February 17, 2011
Page 3
11.06 Motion was made and seconded to close the public hearing at 6:44 p.m.
Ayes: Maguire, Lillehei, Davis, Blee, Grenz, Drotning.
Nays: 0
Chair Davis asked for comments from the Planning Commission. Discussion points
were:
• Locations of elevators and staging area for people moving furniture in
and out of the building.
• Concerns regarding stucco. Mr. Frisbie confirmed that there is a drain
system that is installed behind the stucco to eliminate moisture.
• Fire access and ingress and egress locations for emergency vehicles and
delivery trucks. Mr. Morey commented that there is a truck turning
template in the plans, and it does identify that it will accommodate a fire
truck. The front entrance canopy height is 13 feet 6 inches which will also
accommodate the fire trucks. Mr. Morey also indicated that the drive aisle is
wide enough for cars to pass a parked delivery truck.
• Commissioner Drotning commented that this project has been a long time
coming and thought it was a very nice plan.
• Flow of traffic through the parking lot was discussed. Mr. Morey stated that
a majority of the trips to this site will come from the east to the west off of
County Road 5. Both entrances and exits allow two -way traffic.
• Commissioner Grenz asked if this will be a for profit facility. The developer
replied that it will be.
Planning Commission Meeting
February 17, 2011
Page 4
• Snow removal was discussed. Mr. Frisbie stated that snow storage for the
senior living facility will occur between the senior living building and the
future building to be constructed on Lot 1 and also in front of the senior
living facility parking lot. For record snow falls, the snow will be trucked
away.
11.07 Motion was made and seconded to recommend to City Council approval of the
following; A. Comprehensive Plan amendment to re -guide property from
Commercial to Office/ Residential Transaction, B. Zoning Map amendment to
rezone property from C -3, General Commercial District to PUD, Planned Unit
Development District, C. Conditional Use Permit for a planned shoreland
development, D. Development and final stage planned unit development for a
senior housing facility, E. Preliminary and final plat of two lots and one outlot to be
known as Kingsley Shores Senior Living, and F. Vacation of public easements,
subject to the following 18 stipulations, 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 Zoning Map amendment is subject to Metropolitan Council approval of
the Comprehensive Plan amendment.
4. The Zoning Map amendment and easement vacation are subject to the
recording of the Kingsley Shores Senior Living final plat.
5. The exception parcel will be conveyed by quit claim deed to the property
owner consistent with the administrative subdivision approved in 1997.
6. Outlot A must be deeded to the City with the final plat.
7. The Kingsley Shores Senior Living facility must be developed consistent with
the plans approved by the City Council.
8. A westbound right turn lane must be constructed on Klamath Trail by the
developer as shown on the approved plans.
9. The developer shall construct a 10 foot wide bituminous trail on the north
side of Klamath Trail. The developer is responsible for 50% of the cost of
constructing this trail adjacent to the preliminary and final plat and 100% of
the cost of constructing the portion of the trail between the west boundary of
the preliminary and final plat and the Charthouse Restaurant driveway.
10. The existing overhead utility lines on the north side of Klamath Trail must be
buried at the developer's expense.
11. A total of 94 dwelling units will be transferred to the Kingsley Shores Senior
Living development as allowed by the residential shoreland density reserve
section of the Zoning Ordinance.
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
g permit Kingsley ' v
buildnn ermnt for the Kul�sle � Shores Senior Lnti ing 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 pu. -aring to consider the application of Hosanna
Lutheran Church o .. -vnlle for the following, located at 9600 - 163rd Street: A.
Comprehe • - Ian amendment to re -guide property from Public and Quasi
o High Density Residential, B. Zoning Map amendment to rezone property
CITY OF LAKEVILLE
PARKS, RECREATION & NATURAL RESOURCES COMMITTEE
Meeting Minutes for February 16, 2011
M 1 CaII to order
Me- g was called to order at 6:00 p.m.
ITEM 2 Roll call of members
Present: :ob Boerschel Judy Hayes, Scott Kelly, Howard Lovelace, Jeanne Peterson, Jerry Zell
Absent: Goodwin
Staff Present: Par ,: Recreation Director Steve Michaud, Recording Secretary Patty Ruedy
ITEM 3 Approva f 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.
Finally, the developer is required to follow other recommendations outlined in the ,nning and
Engineering reports as they pertain to this plat. The developer is also required to follow t natural
resources requirement detailed in the Planning and Engineering reports associated wi tree
preservation, grading, drainage, and erosion control and further recommendations by the Da •ta
County Soil and Water Conservation District, if applicable.
Ayes -5 Nays -0
Motion passed.
DRAFT
ITEM 5 Hosanna! 4th 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.
Judy Hayes arrived at 6:10 p.m.
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
Parks, Recreation & Natural Resources Committee Meeting Minutes, February 16, 2011 Page 2
park dedication fee. The developer will be required to work with the City to provide trails along the
south side of Klamath Trail from Kenwood Trail westerly to the facility's west boundary. The
developer will also work with the City in providing a crosswalk adjacent Kings Court. Also, due to the
proximity to Kingsley Lake, there will be a 30' buffer around the shoreline.
(11.04) Motion made by Boerschel, seconded by Peterson to recommend City Council consider
approval of Kingsley Shores Senior Living preliminary and final plat. The developer will be required to
construct a 10' bituminous trail adjacent the property along Klamath Trail.
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 -6 Nays -0
Motion passed.
TEM 7 Parks Committee brainstorming session
S informed the group that the notion to implement a round -up program at the liquor stores and
on u bills as part of a new initiative to develop revenue to help fund major community special
events be considered. Staff will talk to Liquor Director and Finance to discuss if and how the
program co d be implemented. Committee members propose that this money would be put into a
separate accobnt to fund community special events such as the Puppet Wagon, fireworks and others,
yet to be determined. Staff and committee members decided that details of this program would need
to be clearly defined and presented to City Council for review and approval.
Boerschel commented that it's important to keep the cost of the trees low for the Tree Sale and to
not increase the current profit margin. Staff will get details on the upcoming sale from John Hennen
and share it with committee members. Committee members requested that the option of donating a
tree(s) be prominently located in the literature this year and the donation process be easy to
navigate. (There was some frustration last year for those who donated trees.)
Member Peterson's kids attend Parkview Elementary and inquired why Lakeville flyers are not
distributed in that school even though there is a large population of Lakeville residents attending that
school. Staff replied that District 196 has denied our requests to distribute information at that
location. Peterson will contact the principal /district and see what she can do. Peterson also suggested
the possibility of working with the schools and /or contacting social workers in the school regarding
opportunities for scholarships.
Judy Hayes left the meeting at 6:39 p.m.
ITEM 8 Parks & Recreation annual report
Staff briefly reviewed the annual report and thanked committee members for all the work they do.
ITEM 9 Unfinished business
• Scholarship program has received $500 from the Lakeville Rotary Club.
• Athletic facilities update: Football Association has requested an additional six fields dije to 7 and
8 grade programs being cut from the school district. They have also inquired about'a, potential
storage facility for their equipment. Zell inquired about using open space at Lakeville South High
School for additional fields. Hayes commented on the condition of the turf with new practice /
schedules. Staff will work with school district and Football Association and keep committ'
members informed.
L
Memorandum
City of Lakeville
Planning Department
To: Planning Commission
From: Daryl Morey, Planning DirectorVYV1
Date: February 11, 2011
Subject: Packet Material for the February 17, 2011 Planning Commission Meeting
Agenda Item: Kingsley Shores Senior Living
1. Comprehensive Plan amendment to re -guide property from Commercial to
Office /Residential Transition.
2. Zoning Map amendment to rezone property from C -3, General Commercial
District to PUD, Planned Unit Development District.
3. Conditional use permit for a planned shoreland development.
4. Development and final stage planned unit development for a senior housing
facility.
5. Preliminary and final plat of two lots and one outlot to be known as Kingsley
Shores Senior Living.
6. Vacation of public easements.
Application Action Deadline: April 20, 2011
INTRODUCTION
Frank Schoeben, Frisbie Architects and CEI Engineering representatives have submitted
applications and development plans for a 101 unit continuing care senior housing facility to
be known as Kingsley Shores Senior Living. Kingsley Shores Senior Living proposes 23
independent living units, 46 assisted living units, and 32 memory care units. A fitness
center, salon /spa, theater, library, lounge, craft/hobby room, and dining area are some of the
common elements proposed with the Kingsley Shores Senior Living facility.
The proposed development is located east of the Charthouse restaurant on the north side of
Klamath Trail, west of Kenwood Trail (CSAH 5). The subject property lies within the
shoreland overlay district for Lake Kingsley.
The subject property is currently guided for commercial land uses and is zoned C -3, General
Commercial District. Development of the property for a 101 unit continuing care senior
housing facility requires approval of the applications listed above which are described in
greater detail in this planning report.
The Kingsley Shores preliminary and final plat plans have been distributed to Engineering
Department and Parks and Recreation Department staff and the Parks, Recreation and
Natural Resources Committee for review.
Kingsley Shores Senior Living
February 17, 2011 Planning Commission Meeting
EXHIBITS
Exhibit A — Location /Zoning Map
Exhibit B — 2030 Land Use Plan
Exhibit C — Existing Conditions Survey
Exhibit D — Proposed Vacation Sketch
Exhibit E — Preliminary Plat
Exhibit F — Final Plat
Exhibit G — Overall Site Plan
Exhibit H — Demolition Plan
Exhibit I — Engineering Site Plan
Exhibit J — Grading Plan
Exhibit K — Utility Plan
Exhibit L — Erosion Control Plan
Exhibit M — Tree Preservation Plan
Exhibit N — Landscape Plan (2 sheets)
Exhibit 0 — Building Floor Plans (4 sheets)
Exhibit P — Building Exterior Elevation Plans (2 sheets)
Exhibit Q — Lighting Plan
Exhibit R — Neighborhood Meeting Notes
Exhibit S — Dakota County Plat Commission Letter
Full size copies of the Kingsley Shores Senior Living development plans are included with
your packet material.
PLANNING ANALYSIS
Comprehensive Plan Amendment
The Comprehensive Plan currently guides the subject property for commercial uses. The
property owner has submitted an application for a Comprehensive Plan amendment to
re -guide the property for office /residential transition uses. The proposed Comprehensive
Plan amendment has been submitted to the Metropolitan Council and adjacent jurisdictions
for comment. The adjacent jurisdictions that have responded to date have indicated that the
proposed amendment will have no impacts on their jurisdiction. Metropolitan Council staff
has indicated that their preliminary review of the proposed amendment meets their
administrative review guidelines. The amendment will be forwarded to the Metropolitan
Council for formal action following City Council action on the Comprehensive Plan
amendment application.
The Comprehensive Plan identifies residential land use and housing goals that promote a
variety of housing types, styles and choices to meet the changing needs of Lakeville's
population, encourage assisted senior living facilities in response to Lakeville's changing
demographic profile, and provide sufficient life cycle housing options to meet the needs of all
segments of Lakeville's population. The proposed Kingsley Shores Senior Living
development is consistent with the Comprehensive Plan residential land use and housing
goals.
2
Kingsley Shores Senior Living
February 17, 2011 Planning Commission Meeting
Zoning Map Amendment
The subject is currently zoned C -3, General Commercial District. The property owner has
submitted an application for a Zoning Map amendment to rezone the developable portion of
the property (Lots 1 and 2) to PUD, Planned Unit Development District subject to the
requirements of the O -R, Office /Residential Transition District consistent with the proposed
Comprehensive Plan amendment to re -guide the property for office /residential transition
uses. Senior assisted living and continuing care retirement communities are an allowed use
in the O -R District subject to meeting the performance requirements of the RH -1, Multiple
Family Residential District.
Continuing care retirement communities are unique land uses that provide multiple elements
of senior adult living within an integrated facility allowing aspects of independent living with
increased care, such as congregate care, assisted living, and nursing care, which in turn
allows residents to live in one facility as lifestyle and medical needs change with time. The
facilities may also contain special services such as medical, dining, recreational, and some
limited, supporting retail and service uses such as a small branch bank office, beauty salon,
or store selling convenience goods.
Outlot A includes the portion of the property over Lake Kingsley and the adjacent shore
impact zone and will be deeded to the City with the final plat. Staff is recommending that
Outlot A be rezoned to P /OS consistent with its use.
Adjacent Land Uses — Adjacent land uses and zoning are as follows:
North — Lake Kingsley
West — Charthouse Restaurant (C -3)
South — Klamath Trail, Rock Island Townhomes (PUD), undeveloped land (C -3)
East — Kenwood Trail and single family homes (RS -3)
Proposed PUD Flexibilities — The following flexibilities from Zoning Ordinance standards
are requested with the Zoning Map amendment and development and final stage PUD
plans:
1. Buffer yard building setback and screening
2. Building height
3. Shared parking and access
4. Underground parking stall depth
5. Shared freestanding sign
The proposed PUD flexibilities are discussed in a later section of this report.
Easement Vacation
The property owner has submitted an application for the vacation of several existing public
easements located within the parent parcel boundaries. The easements proposed to be
vacated are as follows:
3
Kingsley Shores Senior Living
February 17, 2011 Planning Commission Meeting
• A 50 foot roadway, drainage, and utility easement for Klamath Trail, a 75 foot
roadway, drainage, and utility easement for Kenwood Trail, and a drainage and utility
easement over proposed Lot 1 (Document No. 1413839).
• A 50 foot roadway, drainage, and utility easement for Klamath Trail, a 75 foot
roadway, drainage, and utility easement for Kenwood Trail, and a drainage and utility
easement over proposed Lot 2 (Document No. 1413840).
• An 80 foot street easement over proposed Lots 1 and 2 and a 20 foot drainage
easement over proposed Lot 2 (Document No. 800588).
• A highway easement (Document No. 478119).
Consistent with City policy the above roadway, drainage and utility easements will be
vacated and replaced with public street right -of -way for Kenwood Trail and Klamath Trail, as
well as public drainage and utility easements within Lots 1 and 2, as shown on the Kingsley
Shores Senior Living final plat.
The utility companies have been notified of the proposed easement vacation. There has
been no opposition to the easement vacation expressed by any of the utility companies.
Preliminary and Final Plat
The property owner has submitted applications for the preliminary and final plat of two lots
and one outlot to be known as Kingsley Shores. The subject properties, which include
portions of Lake Kingsley, total 13.56 acres.
Exception Parcel — There is a small parcel of land identified as Parcel 3 on the Existing
Conditions Survey (Exhibit C) that is currently owned by the City and is located adjacent to
Klamath Trail. There is a concrete pad located within this exception parcel that will be
removed by the property owner with the development of the proposed senior living facility.
This parcel was included in an administrative subdivision approved by the City in 1997 and
was intended to be conveyed to Mr. Schoeben at that time. Prior to the administrative
subdivision of the property in 1997, the exception parcel contained a storage shed that was
removed by the City. The City will convey the exception parcel to Mr. Schoeben by quit
claim deed with the Kingsley Shores Senior Living final plat as was intended with the 1997
administrative subdivision.
Consistency with the Capital Improvement Plan (CIP) — City street, sanitary sewer, water
and storm sewer improvements for the Kingsley Shores Senior Living preliminary plat are
non - programmed items in the 2010 -2015 CIP and will be financed privately by the
developer.
Premature Subdivision Criteria — A preliminary plat and /or final plat may be deemed
premature if any of the criteria listed in Chapter 10 -2 -4 -1 of the Subdivision Ordinance exist.
Eligible criteria pertain to a lack of adequate: drainage, water, streets, sanitary sewer, and
public service capacity (police and fire protection). The other pertinent criteria pertain to
inconsistencies with the City Comprehensive Land Use and Capital Improvement Plans
(discussed above). Staff review of the Kingsley Shores Senior Living preliminary plat
against these criteria finds that it is not a premature subdivision.
4
Kingsley Shores Senior Living
February 17, 2011 Planning Commission Meeting
MUSA — The subject property is located within the current MUSA.
Outlots — There is one outlot in the Kingsley Shores Senior Living preliminary and final plat.
Outlot A includes the portions of Lake Kingsley located below the Ordinary High Water Level
(OHWL) and the portion of the parent parcels located 105 feet from the Lake Kingsley
OHWL. Outlot A will be deeded to the City with the final plat.
Streets — The Kingsley Shores Senior Living preliminary and final plat abuts Kenwood Trail
(CSAH 5) and Klamath Trail. The two Tots in the preliminary and final plat will be accessed
exclusively off of Klamath Trail.
Kenwood Trail (CSAH 5) is identified as an A -Minor Expander (minor arterial) in the City's
Transportation Plan. A 150 foot right -of -way is required by Dakota County for Kenwood
Trail. A 75 foot west half right -of -way for Kenwood Trail is shown on the preliminary and
final plat.
Because the Kingsley Shores Senior Living is adjacent to CSAH 5 the preliminary and final
plat are subject to review by the Dakota County Plat Commission. The Dakota County Plat
Commission reviewed and approved the preliminary plat at their January 18, 2011 meeting.
The Dakota County Plat Commission letter dated January 24, 2011 is attached as Exhibit S.
The final plat is scheduled for the February 14, 2011 Dakota County Plat Commission
meeting.
Klamath Trail is identified as a Major Collector in the City's Transportation Plan. A 100 foot
right -of -way is required for Klamath Trail. A 50 foot north half right -of -way is shown on the
preliminary and final plat. In lieu of providing a cash escrow for future upgrade, the
developer will widen Klamath Trail adjacent to the Kingsley Shores Senior Living preliminary
and final plat to meet City requirements for a major collector street, including a westbound
right turn lane into the site.
Grading, Drainage, Erosion Control and Utilities — Proposed grading, drainage, erosion
control, and utilities for the Kingsley Shores Senior Living development are shown on
Exhibits J, K and L. The plans have been reviewed by Engineering Department staff and
their comments are contained in the February 11, 2011 report prepared by Development
Design Engineer Mark DuChene and Environmental Resources Coordinator Mac Cafferty.
Engineering Department staff recommends approval of the Kingsley Shores Senior Living
preliminary and final plat.
There are existing overhead utility lines on the north side of Klamath Trail adjacent to the
subject property. The developer is required by ordinance to bury the overhead utility lines
adjacent to the preliminary and final plat.
Tree Preservation — A tree preservation plan (Exhibit M) was submitted with the Kingsley
Shores Senior Living preliminary and final plat. The tree preservation plan identifies 255
significant trees within the preliminary and final plat boundaries, of which 43 will be removed
with the development of the site. The developer must post a $4,000 tree preservation
security as described in the February 11, 2011 engineering report.
5
Kingsley Shores Senior Living
February 17, 2011 Planning Commission Meeting
Wetlands — One wetland is located within the preliminary and final plat boundaries adjacent
to Lake Kingsley within proposed Outlot A, which will be deeded to the City with the Kingsley
Shores Senior Living final plat.
Parks and Trails — The park dedication requirement for the subject property was met with a
cash payment when the property was administratively subdivided in 1997. No additional
park dedication is required.
The developer will construct a 10 foot wide bituminous trail on the north side of Klamath
Trail from Kenwood Trail (CSAH 5) to the Charthouse Restaurant driveway. The developer
is responsible for 50% of the cost of constructing this trail adjacent to the preliminary and
final plat and 100% of the cost of constructing the portion of the trail between the west
boundary of the preliminary and final plat and the Charthouse Restaurant driveway.
The Parks, Recreation and Natural Resources Committee will review the Kingsley Shores
Senior Living preliminary and final plat at their February 16, 2011 meeting. Their
recommendation will be forwarded to you the night of the public hearing.
Conditional Use Permit and Planned Unit Development
The property owner has submitted a conditional use permit application for a planned
shoreland development as required by Section 11- 102 -21 of the Zoning Ordinance with
Subsection D addressing allowable residential density increases. Section 11-102-21D.2.d,
Residential Shoreland Density Reserve, requires the establishment of a PUD to allow the
Kingsley Shores Senior Living facility within the Lake Kingsley shoreland overlay district.
The Kingsley Shores Senior Living development plans have been forwarded to the
Minnesota Department of Natural Resources (DNR) and they support the proposed
development provided Outlot A is deeded to the City for a publicly owned natural area and
provided additional landscaping is installed between the proposed senior housing facility
and Lake Kingsley.
As allowed by Section 11-102-21D.2.d of the Zoning Ordinance, 94 dwelling units are being
transferred from the residential shoreland density reserve to the Kingsley Shores Senior
Living development, calculated as follows:
101 d.u. proposed — 7 d.u. allowed by density tiering = 94 d.u. transferred
Lake Kingsley OHWL — The Ordinary High Water Level (OHWL) for Lake Kingsley is 980.9
with the Zoning Ordinance amendment that was recommended by the Planning Commission
at their January 20, 2011 meeting and approved by the City Council at their February 7,
2011 meeting.
Open Space — At least 50% of the total project area (the area of Lots 1 and 2 plus the area
of Outlot A located above the Lake Kingsley OHWL) is required for a planned shoreland
development. The developer has submitted open space calculations indicating total project
open space greater than 70 %.
6
Kingsley Shores Senior Living
February 17, 2011 Planning Commission Meeting
Shore Impact Zone — A planned shoreland development also requires that at least 70% of
the shore impact zone, which is defined as the area between the OHWL and a line
representing 50% of the structure setback (75 feet), be preserved in its existing state. As
stated previously, the property owner is deeding Outlot A to the City, which includes portions
of Lake Kingsley as well as an area more than 100 feet south of the OHWL. The deeding of
Outlot A to the City exceeds the shore impact zone requirement for planned shoreland
developments.
Impervious Surface Coverage — A maximum impervious surface coverage of 25% is
allowed for residential developments in the shoreland overlay district. The development
plans identify the use of pervious pavers for a portion of the driveway and parking areas on
Lots 1 and 2. The DNR has stated that they are willing to allow 25% of the porous paver
coverage to be used toward the pervious surface area.
The impervious surface calculations for Lots 1 and 2 are shown on the overall site plan
(Exhibit G). The calculations include the area of Outlot A located above the Lake Kingsley
OHWL. With the partial credit for the use of porous pavers, both Lots 1 and 2 meet the
maximum 25% impervious surface coverage requirement.
If Lot 1 develops as a commercial or office use in the future, up to 50% impervious surface
coverage is allowed by conditional use permit.
Development Density — Section 11-61-13B.3 of the Zoning Ordinance requires that senior
continuing care facilities meet a development density of 1,500 square feet per unit. The
development density for the senior housing facility on Lot 2 is being calculated utilizing the
area of Outlot A adjacent to Lot 2 that is located above the OHWL of Lake Marion. This
portion of Outlot A will be used in the development density and impervious surface area
calculations because the property owner is exceeding requirements by deeding the area
above the OHWL to the City. Not including this area in the development density and
impervious surface area calculations would penalize the property owner for deeding this
additional land for a publicly owned natural area.
The development density is then calculated as follows: 185,973 square feet of Lot 1 and
adjacent Outlot A located above the OHWL divided by 101 proposed dwelling units equals
1,841 square feet per unit in compliance with Zoning Ordinance requirements.
Lots — Lot 1 is subject to the minimum lot area and width requirements of the O -R District
which are 24,000 square feet and 120 feet, respectively for the future commercial /office use.
Lot 1 exceeds the minimum lot area and width requirements of the O -R District.
Lot 2 is subject to the minimum lot area and width requirements of the RH -1 District which
are 20,000 square feet and 100 feet, respectively for the senior housing facility. Lot 2
exceeds the minimum lot area and width requirements of the RH -1 District.
Setbacks — The following setbacks are required for a commercial /office use on Lot 1:
Klamath /Kenwood Trail: 30 feet (building)
15 feet (parking)
Side Yard, Interior: 20 feet (shoreland overlay district)
OHWL: 150 feet
7
Unit Type
No. of Units
Parking Ratio
Stalls Required
Independent
23
1 stall /2 units
12
Assisted Living,
Memory Care
46
32
4 stalls /10 units
31
Employees
14
1 stall /employee
on max. shift
14
Total
57
Kingsley Shores Senior Living
February 17, 2011 Planning Commission Meeting
The site plans indicate that the conceptual building pad and parking lot layout for a future
commercial /office use on Lot 1 meets the building and parking setback requirements of the
O -R District. Staff will verify the setback requirements are met when specific development
plans are submitted for Lot 1.
The following setbacks are required for the continuing care senior facility on Lot 2:
Klamath Trail: 50 feet (building — buffer yard)
15 feet (parking)
Side Yard: 20 feet (shoreland overlay district)
OHWL: 150 feet
Because Klamath Trail is designated as a major collector street, a 50 foot buffer yard
building setback is required. The majority of the senior living facility meets the 50 foot
building setback requirement. The westerly building wing is setback 35 feet from the
Klamath Trail right -of -way. A stairwell, not living space, is the closest portion of the building
to the right -of -way. The closest dwelling unit to the Klamath Trail right -of -way is 42 feet.
Planning Department staff supports the reduced setback from Klamath Trail as part of the
planned unit development given the physical constraints of the subject property as well as
the low existing ( <2,000 ADT) and projected 2030 (4,100 ADT) traffic volumes for the
segment of Klamath Trail adjacent to this parcel. The Highview Hills continuing care senior
living facility also was granted a reduced buffer yard building setback with a planned unit
development in 2008. In fact, many of the planned unit development flexibilities granted for
Highview Hills (such as density, limited commercial uses, parking, and park dedication) were
incorporated into the 2010 Zoning Ordinance Update due to the specialized housing option
provided by continuing care senior living facilities.
A planned shoreland development requires a 50% increase in the minimum building setback
for the increased density allowance. Due to the shallow depth of the subject property, the
DNR has agreed to waive the additional building setback requirement and allow the
standard 150 foot setback from the Kingsley Lake OHWL because the property owner is
deeding Outlot A to the City, thus severing their riparian rights, because additional trees will
be planted between the senior living facility and the OHWL, and because there will be no
grading within Outlot A other than the minor grading required for the storm sewer outlet.
Parking — The parking requirement for the proposed senior living facility on Lot 2 is as
follows:
A total of 57 parking stalls are required for the senior living facility. Fifty -eight (58)
underground parking stalls and 18 surface parking stalls, four of which are located on Lot 1,
8
Kingsley Shores Senior Living
February 17, 2011 Planning Commission Meeting
will be constructed with the first phase of the Kingsley Shores Senior Living development. A
shared private parking and driveway access agreement between the two lots is required
with the final plat. An additional 10 future parking stalls are shown on the site plans for Lot
2.
The plans have been reviewed by the City's Fire Marshall and his comments have been
incorporated into the development plans. The developer will be required to install "fire lane"
signage along the driveway in front of the senior housing facility.
The requirements for both surface and underground parking are as follows:
• Parking stall dimensions = 9 feet (width) by 20 feet (length)
• Drive aisle width = 24 feet
The underground parking proposes 9 foot by 19 foot parking stall dimensions with a 24 foot
wide drive aisle. The reduced parking stall length is an acceptable PUD flexibility because
this continuing care senior facility will have low parking generation and low turnover that will
minimizing the potential for conflict between vehicle traffic and pedestrians within the
parking structure.
A parking analysis is shown on the overall site plan (Exhibit G) for the future development of
Lot 1 utilizing two different use scenarios, a 100 person child care facility and an 6,400
square foot office /retail building. The construction of an additional 28 parking stalls for a
total of 32 parking stalls on Lot 1 is conceptually shown on the site plans. This would meet
the current parking requirements for the day care and office /retail building scenario that is
conceptually shown for Lot 1.
Loading — An off - street loading area for the senior living facility is identified in front of the
building with UPS and other mail shipping received through the main public entrance and
once a week food service deliveries received through the kitchen service door just west of
the main public entrance. A truck turning radius is shown on the engineering site plan
(Exhibit I).
Building Height — The Zoning Ordinance requirement for building height in the RH -1 District
is three - stories or 35 feet, whichever is less. The proposed Kingsley Shores Senior Living
facility is three stories and 39 feet to the mid -point of the gabled roof as shown on the
building exterior elevation plans (Exhibit P) and as defined by the Zoning Ordinance.
Building height in excess of 35 feet will not have adverse impacts on adjacent properties
and is included in the Kingsley Shores planned unit development.
Dwelling Units — The building floor plans (Exhibit 0) show the following dwelling units:
9
Unit Type
Bedrooms
#
Independent Living
2
15
1
14
Studio
4
Subtotal
23
Assisted Living
2
2
1
32
Studio
12
Subtotal
46
Memory Care
- -
32
TOTAL
101
Kingsley Shores Senior Living
February 17, 2011 Planning Commission Meeting
Section 11- 17 -13.0 of the Zoning Ordinance establishes minimum floor area requirements
for senior housing units. The table below shows the proposed floor area figures for the
independent, assisted living, and memory care units within the Kingsley Shores Senior
Living project. The independent living units meet Zoning Ordinance requirements. The
assisted living and memory care units are more dependent care programs which are not
subject to the minimum floor area requirements.
Exterior Building Materials — Exterior building elevation plans (Exhibit P) have been
submitted for the Kingsley Shores Senior Living facility. Proposed exterior building materials
include cultured stone, brick veneer, precast concrete block, and hardi -board siding with an
asphalt shingle roof. The RH -1 District requires 50% of the combined area of all building
facades to have an exterior finish of brick, stucco, and /or natural or artificial stone. Exterior
building materials calculations are provided on Exhibit P. The proposed exterior building
materials meet Zoning Ordinance requirements.
Trash Enclosure and Mechanical Equipment — The trash containers will be stored within
the building in the underground parking area. Mechanical equipment will also be located in
the underground parking area and /or on the roof screened from public view.
Landscaping — A landscape plan has been submitted for the Kingsley Shores Senior Living
facility (Exhibit N). Proposed landscaping consists of a mixture of deciduous and evergreen
trees and shrubs as well as perennial plantings. A total of 28 evergreen trees, 46 deciduous
trees, 577 shrubs, and 324 perennials are proposed to be planted in conjunction with the
development of the senior living facility. The landscape plan identifies the installation of an
underground sprinkling system for all landscaped areas. The proposed landscaping meets
Zoning Ordinance requirements.
Because the senior living facility abuts a major collector street (Klamath Trail) it is subject to
the buffer yard requirements of the Zoning Ordinance. Landscaping is proposed on an
undulating three foot high berm along Klamath Trail in front of the senior living facility.
10
Studio
1 Bedroom
2 Bedroom
Required
440 s.f.
520 s.f.
600 s.f.
Proposed
Memory Care
380 -483 s.f.
na
na
Assisted Living
398 -499 s.f.
586 -876 s.f.
1,110 s.f.
Independent Living
445 -499 s.f.
586 -754 s.f.
682 -1,431 s.f.
Kingsley Shores Senior Living
February 17, 2011 Planning Commission Meeting
Section 11- 17 -13.0 of the Zoning Ordinance establishes minimum floor area requirements
for senior housing units. The table below shows the proposed floor area figures for the
independent, assisted living, and memory care units within the Kingsley Shores Senior
Living project. The independent living units meet Zoning Ordinance requirements. The
assisted living and memory care units are more dependent care programs which are not
subject to the minimum floor area requirements.
Exterior Building Materials — Exterior building elevation plans (Exhibit P) have been
submitted for the Kingsley Shores Senior Living facility. Proposed exterior building materials
include cultured stone, brick veneer, precast concrete block, and hardi -board siding with an
asphalt shingle roof. The RH -1 District requires 50% of the combined area of all building
facades to have an exterior finish of brick, stucco, and /or natural or artificial stone. Exterior
building materials calculations are provided on Exhibit P. The proposed exterior building
materials meet Zoning Ordinance requirements.
Trash Enclosure and Mechanical Equipment — The trash containers will be stored within
the building in the underground parking area. Mechanical equipment will also be located in
the underground parking area and /or on the roof screened from public view.
Landscaping — A landscape plan has been submitted for the Kingsley Shores Senior Living
facility (Exhibit N). Proposed landscaping consists of a mixture of deciduous and evergreen
trees and shrubs as well as perennial plantings. A total of 28 evergreen trees, 46 deciduous
trees, 577 shrubs, and 324 perennials are proposed to be planted in conjunction with the
development of the senior living facility. The landscape plan identifies the installation of an
underground sprinkling system for all landscaped areas. The proposed landscaping meets
Zoning Ordinance requirements.
Because the senior living facility abuts a major collector street (Klamath Trail) it is subject to
the buffer yard requirements of the Zoning Ordinance. Landscaping is proposed on an
undulating three foot high berm along Klamath Trail in front of the senior living facility.
10
Kingsley Shores Senior Living
February 17, 2011 Planning Commission Meeting
Similar to the Highview Hills continuing care facility, the buffer yard landscaping does not
provide a continuous 10 foot tall berm /landscaping screen in order to provide residents with
view corridors to the public street and trails and also so the front of the building does not
become obscured by the landscaping.
Lighting — A site lighting photometric plan has been submitted (Exhibit Q) meeting the
lighting intensity requirements of Chapter 11- 16 -17A of the Zoning Ordinance. Detailed Tight
fixture plans must be submitted with the building permit application for the Kingsley Shores
Senior Living facility.
Signs — Proposed freestanding signs are shown on the site plan (Sheet A1.1 of the full size
plan set). The existing Chart House Restaurant off - premise sign is proposed to be
incorporated into a new monument style freestanding sign located entirely within Lot 1. This
freestanding sign is proposed to also include the Kingsley Shores Senior Living facility and
the future commercial /office use on Lot 1. This sign will be installed with the development of
Lot 2. A separate monument style freestanding sign is proposed to be installed on Lot 2.
The shared freestanding sign on Lot 1 is 140 square feet in area and six feet in height. The
O -R, Office /Residential Transition District allows freestanding signs up to 50 square feet in
area and 20 feet in height. The three individual panels for the three separate uses to be
included on this freestanding sign will not exceed 50 square feet each and the proposed
height of this freestanding monument type sign is only six feet.
Planning Department staff recommends approval of the combined freestanding sign on Lot
1 and the separate freestanding sign on Lot 2 as part of the Kingsley Shores Senior Living
planned unit development subject to the following conditions:
• The sign shall be constructed consistent with the approved site plan.
• No additional freestanding signs are allowed on Lot 1. The Zoning Ordinance allows
two wall signs up to 50 square feet each for the future building on Lot 2 since it is a
corner lot.
• No wall signs are allowed for the senior housing facility on Lot 2.
The proposed freestanding signs meet the 15 foot setback required from the right -of -way
lines for Klamath Tail and Kenwood Trail.
Neighborhood Meeting — The developer hosted a neighborhood meeting for the proposed
Kingsley Shores Senior Living development on November 29, 2010 at the Charthouse
Restaurant. There were 19 neighbors of the proposed development in attendance at the
neighborhood meeting. The neighborhood meeting notes are attached as Exhibit R.
RECOMMENDATION
The proposed Kingsley Shores Senior Living development will meet the City's
comprehensive planning goals of providing a variety of life cycle housing choices to meet
the changing needs of Lakeville's population. The proposed development has been
carefully planned to meet Zoning Ordinance requirements, subject to the flexibilities allowed
by the planned unit development, in a natural environment lake setting. Planning
11
Kingsley Shores Senior Living
February 17, 2011 Planning Commission Meeting
Department staff recommends approval of the Kingsley Shores Senior Living planning
applications subject to the following stipulations:
1. The recommendations listed in the February 17, 2011 engineering report.
2. The recommendations of the Parks, Recreation and Natural Resources Committee.
3. The Zoning Map amendment is subject to Metropolitan Council approval of the
Comprehensive Plan amendment.
4. The Zoning Map amendment and easement vacation are subject to the recording of the
Kingsley Shores Senior Living final plat.
5. The exception parcel will be conveyed by quit claim deed to the property owner
consistent with the administrative subdivision approved in 1997.
6. Outlot A must be deeded to the City with the final plat.
7. The Kingsley Shores Senior Living facility must be developed consistent with the plans
approved by the City Council.
8. A westbound right turn lane must be constructed on Klamath Trail by the developer as
shown on the approved plans.
9. The developer shall construct a 10 foot wide bituminous trail on the north side of
Klamath Trail. The developer is responsible for 50% of the cost of constructing this trail
adjacent to the preliminary and final plat and 100% of the cost of constructing the portion
of the trail between the west boundary of the preliminary and final plat and the
Charthouse Restaurant driveway.
10. The existing overhead utility lines on the north side of Klamath Trail must be buried at
the developer's expense.
11. A total of 94 dwelling units will be transferred to the Kingsley Shores Senior Living
development as allowed by the residential shoreland density reserve section of the
Zoning Ordinance.
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.
12
Kingsley Shores Senior Living
February 17, 2011 Planning Commission Meeting
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 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.
Findings of fact for the Zoning Map amendment and conditional use permit are included with
your packet materials.
c: Frank Schoeben
Matt Frisbie, Frisbie Architects
Alan Catchpool, CEI Engineering
(plancomm - kingsleyshores)
13
Zoning
WIllf
Location of
Property
ZONING
Agricultural Preserve
RA, RURAL/AGRICULTURAL DISTRICT
Residential Districts
Legend
RS -1, SINGLE FAMILY RESIDENTIAL DISTRICT
RS -2, SINGLE FAMILY RESIDENTIAL DISTRICT
RS -3, SINGLE FAMILY RESIDENTIAL DISTRICT
RST -1, SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT
RST -2, SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT
RM -1, MEDIUM DENSITY RESIDENTIAL DISTRICT
RH -1, MULTIPLE FAMILY RESIDENTIAL DISTRICT
Commercial Districts
O -R, OFFICE /RESIDENTIAL TRANSITION DISTRICT
C -3, GENERAL COMMERCIAL DISTRICT
OP, OFFICE PARK DISTRICT
Special Districts
PUD, PLANNED UNIT DEVELOPMENT DISTRICT
P /OS, PUBLIC AND OPEN SPACE DISTRICT
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Location Map
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2030 Comprehensive Plan Amendment
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This photometric point -by -point print out is
• Lighting end Controls light on urea specified on cif data produced tur. by the
g g light pe the x schedule
5200 12th Avenue East called out on the print out. Any changes in
Shakopee, Minnesota 55379 location, lamp type, mounting height and lighting
- TEL: (952) 995 -6500 manufacture will chaoge the print out results.
FAX: (952) 995 -6565
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Memorandum
To: Steve Mielke, City Administrator
Copy: Zach Johnson, Assistant City Engineer
From: Daryl Morey, Planning Director v'r1
Date: December 7, 2010
Subject: Chart House Senior Living Neighborhood Meeting
City of Lakeville
Planning Department
Charthouse Senior Living, LLC hosted a neighborhood meeting for the proposed
Chart House Senior Living project located north of Klamath Trail and west of
Kenwood Trail (CSAH 5). The neighborhood meeting was held on Monday,
November 29, 2010 at 6:30 p.m. at the Chart House Restaurant. There were 19
residents present at the meeting.
Frank Schoeben, Terry DeRoche, Matt Frisbee, Loren Spande, and Mike
Schoenecker were in attendance representing the development team. City staff
present at the meeting included Planning Director Daryl Morey and Assistant City
Engineer Zach Johnson.
Mr. Frisbee and Mr. Schoenecker provided an overview of the proposed senior living
project. Mr. Schoenecker stated that if their planning applications are approved by
the City, they would like to commence construction by May of 2011 and open the
facility by May of 2012.
The neighbors raised the following questions concerning the proposed development:
• How many trees will be removed by this development?
• Where will new trees be planted?
• Will the existing grades be changed by this development?
• Will any construction activities take place near the Lakeshore?
• What will the exterior of the senior living facility look like?
• What type of outdoor lighting is planned?
• Will the senior living facility have a loading dock and if so where will it be
located?
• Will the senior living facility have any impacts on the Chart House
Restaurant?
• Will the senior living facility be licensed by the State?
EXHIBIT R
• Will plans and information concerning this project be available for review on a
website?
• What other projects has Southview Senior Living developed in the Twin Cities
area?
• Is the Chart House Senior Living project related to the Hosanna senior
housing project?
• What is the City's review process?
• What is planned for the corner lot? What is the timeframe for development of
the corner lot?
• What will be developed on the property across Klamath Trail to the south of
Chart House Senior Living site?
• Are traffic signals or roadway improvements planned for the CR 5/172
Street or CR 5 /Kenyon Avenue intersections?
• One resident commented that the Chart House Senior Living facility seems
like a good project and asked if he could speak in favor of the development at
the public hearing?
The development team or City staff responded to all of the questions raised. The
neighborhood meeting ended at approximately 7:25 p.m.
(H:word: plancomm :neighborhoodmeetingnotes2 - charthouseseniorliving)
2
January 24, 2011
City of Lakeville
20195 Holyoke Avenue
Lakeville MN 55044 -9177
Re: KINGSLEY SHORES
Sincerely,
-)• .i. -*
Todd B. Tollefson
Secretary, Plat Commission
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 CR 5, and is therefore subject to the Dakota
County Contiguous Plat Ordinance.
The preliminary plat includes two lots with a 101 unit senior housing facility and a possible future
office /retail use. Access to the property is off of Klamath Trail, a city street. Restricted access
should be shown along all of CSAH 5. The right -of -way needs along CSAH 5 are 60 feet of half
right -of -way from the existing centerline.
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 S
February 16, 2011
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
City of Lakeville
20195 Holyoke Avenue
Lakeville MN 55044 -9177
Re: KINGSLEY SHORES SENIOR LIVING
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 5, and is therefore subject to the
Dakota County Contiguous Plat Ordinance.
Access to the property is off of Klamath Trail, a city street. Restricted access should be shown
along all of CSAH 5. The right -of -way needs along CSAH 5 are 60 feet of half right -of -way
from the existing centerline.
The Plat Commission has approved the final plat provided that the described conditions are met
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,
47:;:i17,
Todd B. Tollefson
Secretary, Plat Commission
Memorandum
To: Daryl Morey, Planning Director
From: Mark DuChene, Development Design 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: Kingsley Shores Senior Living
• Preliminary Plat Review
• Easement Vacation
• Final Plat Review
• Grading Plan Review
• Utility Plan Review
• Site Plan Review
BACKGROUND
City of Lakeville
Engineering
Charthouse Senior Living, LLC of Lakeville has submitted a preliminary and final plat
named Kingsley Shores Senior Living. The preliminary and final plat is a platting of
metes and bounds parent parcels 22- 00110- 022 -54, 22- 00110 - 021 -52 and 22-
00110- 010 -54 into two lots and one outlot. The plat also vacates existing
easements and dedicates right of way accordingly. The proposed subdivision is
located north of and adjacent to Klamath Trail, west of and adjacent to Kenwood
Trail (CSAH 5), and south of and adjacent to Kingsley Lake. The existing parcels are
zoned C -3, General Commercial.
The preliminary and final plat consists of two Tots and one outlot on 13.56 acres.
The Developer is dedicating 2.15 acres as Kenwood Trail (CSAH -5) and 0.75 acres
as Klamath Trial right -of -way. Lot 2 is proposed to be developed as a 33,054 sf,
101 unit senior living facility known as Kingsley Shores Senior Living. Lot 1 will be
retained by the developer for future commercial development.
KINGSLEY SHORES SENIOR LIVING
FEBRUARY 11, 2011
PAGE 2 OF 12
The outlot created with the preliminary and final plat has the following use:
The preliminary and final plat includes Comprehensive Plan and Zoning Map
Amendments, a Planned Unit Development and a Conditional Use Permit which are
addressed in the Planning Report.
Development of the site includes the extension of public sanitary sewer, public storm
sewer and the widening of Klamath Trail and trails.
The proposed subdivision will be completed by:
EASEMENT VACATION
The Kingsley Shores Senior Living preliminary and final plat includes public roadway,
trail, and drainage and utility easements previously established via recorded
easement Document Nos. 1413839, 1413840, 800588 & 478119 for Klamath Trail,
Kenwood Trail and Kingsley Lake that will be vacated in their entirety or partially as
necessary. The Developer will be dedicating new right -of -way and easements as
shown on the final plat.
SITE CONDITIONS
Outlot A: Portion of Kingsley Lake, wetland and shore impact
area to be dedicated to the City of Lakeville, 6.21 acres.
Owner: Frank Shoeben
Developer: Charthouse Senior Living, LLC
Engineer: CEI Engineering Associates, Inc
Surveyor: Cornerstone Land Surveying, Inc
Kingsley Shores Senior Living is located on land with rolling terrain generally sloping
from the south to north. The site is predominantly open, with trees sparsely found
along the northern bluff area adjacent to Kingsley Lake and along the lot line
separating Lots 1 & 2. Kingsley Lake is partially contained within the northern
parcel boundary. The existing parcels are generally undeveloped. The existing
conditions plan indicates an existing foundation on site. A security for the removal
of the foundation in the amount of $1,000.00 will be required with the final plat.
KINGSLEY SHORES SENIOR LIVING
FEBRUARY 11, 2011
PAGE 3 OF 12
STREET AND SITE LAYOUT
Kenwood Trail (CSAH -5)
Kingsley Shores Senior Living is west of and adjacent to Kenwood Trail, a minor
arterial roadway as identified in the City's Transportation Plan. Dakota County
controls the right -of -way requirement and access locations for Kenwood Trail. The
current Dakota County Road Plat Review Needs Map identifies a 1 /2 right -of -way
requirement of 60 feet. The plans and Dakota County 1 /2 Section Map indicate a
current highway easement width of 75 feet. The Developer is dedicating the 75 feet
of highway easement as right -of -way, as shown on the plat, to satisfy the right -of-
way requirement.
The Dakota County Plat Commission approved the Kingsley Shores Senior Living
preliminary plat at its January 18, 2011 meeting. A final plat has been submitted to the
Dakota County Plat Commission for review on February 14, 2011.
Kenwood Trail is constructed as a two -lane undivided urban roadway with left and
right turn lanes at the intersections and a bituminous trail along the east side. The
current Dakota County Road Plat Review Needs Map identifies Kenwood Trail
adjacent to the plat as a future four -lane undivided roadway. Dakota County's
current Transportation Capital Improvement Program does not identify
improvements to Kenwood Trail.
The parent parcels were previously assessed for the street improvements to
Kenwood Trail as part of City of Lakeville Project No 84 -2. The assessment has been
paid.
Klamath Trail
Kingsley Shores Senior Living is north of and adjacent to Klamath Trail, a major
collector roadway as identified in the City's Transportation Plan. The current City of
Lakeville Transportation Plan identifies a 1 /2 right -of -way requirement of 50 feet.
The existing conditions plans indicate a current roadway, drainage and utility
easement width of 50 feet. The Developer is dedicating the 50 feet of the existing
easement as right -of -way, as shown on the plat, to satisfy the right -of -way
requirement.
Klamath Trail is constructed as a two -lane undivided urban roadway. The southern
half of the roadway is an urban 18 foot section with concrete curb and gutter and
the northern half of the roadway is a 12 foot rural section.
The developer is proposing to widen and urbanize with curb and gutter the existing
north half of the street section from Kenwood Trail to the Charthouse property line
as well as adding a right turn lane at the shared driveway access between Lots 1 &
2.
KINGSLEY SHORES SENIOR LMNG
FEBRUARY 11, 2011
PAGE 4 OF 12
The widening and urbanizing of Klamath Trail will be constructed in lieu of the cash
fee for future upgrading of the adjacent street.
Site Plan Review
The Developer proposes to construct a senior housing building on Lot 2. The
building will contain 101 living units comprised of the following; 23 independent
living; 46 assisted care; and 32 memory care. Housing will be contained in 3- stories
with first floor kitchen, dining and fitness rooms and a third floor theater and library.
Access to the senior housing building will be from either of the two proposed
driveway entrances along Klamath Trail. No direct access will be allowed or
provided onto Kenwood Trail. 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 resident and employee and guest parking. In addition, the at-
grade parking lot will be extended to the east into Lot 1 to provide joint parking
facilities for both the senior housing building and the future commercial
development on Lot 1. The joint parking and access facilities will require that a
permanent, private easement be established between Lots 1 & 2.
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility, parking lot and building
construction is restricted to only one of the proposed driveway locations on Klamath
Trail via Kenwood Trail (CSAH 5).
PARKS AND TRAILS
Development of Kingsley Shores Senior Living will include 10 foot wide bituminous
public trail construction along Klamath Trail from Kenwood Trail to the driveway of
the Charthouse property. The Developer will be fully responsible for the trail
grading and restoration. The construction cost for the bituminous pavement and
aggregate base of the trail shall be divided with 50% being the Developer's cost,
and 50% being the City's cost for the trail segment from Kenwood Trail to the
western Kingsley Shores Senior Living plat boundary. The City will be responsible for
100% of the cost of the trail segment from the western Kingsley Shores Senior
Living plat boundary to the Charthouse driveway. The estimated reimbursement is
$16,761.12 and is based on an estimate provided in part by the Developer's
engineer.
The City's Parks, Trails and Open Space Plan does not designate any area within the
proposed plat as future park land.
KINGSLEY SHORES SENIOR LIVING
FEBRUARY 11, 2011
PAGE 5 OF 12
The Park Dedication requirement for the parent parcels was satisfied through a cash
contribution paid under with the administrative subdivision of the parent parcels in
1997.
UTILITIES
SANITARY SEWER
Kingsley Shores Senior Living is located within sub - district OL -51100 of the Orchard
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
Lakeville /Farmington Interceptor and continue to the Empire Wastewater Treatment
Facility. The existing City -owned downstream facilities have sufficient capacity to
serve the proposed development.
Development of the Kingsley Shores Senior Living plat is proposed to construct
public sanitary sewer from an existing manhole within Kenwood Trail and extend 8
inch sanitary sewer through Lot 1 to Lot 2. Privately owned and maintained sanitary
sewer services will be extended from the 8 inch public sanitary sewer to provide
service to Lots 1 & 2. A permanent public 30 foot wide utility easement must be
established over the sanitary sewer line through Lot 1 and recorded on the Kingsley
Shores Senior Living plat. A permit from Dakota County is required prior to any
work within the Kenwood Trail (CSAH -5) right -of -way.
The parent parcels were previously assessed for the trunk sanitary sewer area
charge and sanitary sewer improvements along Kenwood Trail. The assessment has
been paid.
City records indicate the Developer is eligible for two (2) sanitary sewer unit
connection charge credits.
WATERMAIN
Development of Kingsley Shores Senior Living will not require public watermain
construction. Individual water services will be constructed to each lot from existing
watermain located in Klamath Trail.
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 Kingsley Shores Senior
Living shall not be permitted until the as -built electronic files have been submitted
and approved by City staff.
The parent parcels were previously assessed for the watermain improvements along
Klamath Trail and Kenwood Trail. The assessment has been paid.
KINGSLEY SHORES SENIOR LIVING
FEBRUARY 11, 2011
PAGE 6 OF 12
City records indicate the Developer is eligible for two (2) watermain unit connection
charge credits.
OVERHEAD UTILITIES
The Developer will bury the existing overhead utility lines and remove the existing
utility poles along Klamath Trail consistent with City Code requirements. The
Developer shall provide a security with the final plat to ensure the work is completed
per all applicable codes and regulations. The security will be based on a cost
estimate provided by Dakota Electric Association in the amount of $23,000.00.
DRAINAGE AND GRADING
Kingsley Shores Senior Living is located within the Orchard Lake drainage district as
identified in the City's Water Resources Management Plan. The Kingsley Shores
Senior Living plat is located within sub - district OL -25 and stormwater runoff
generated within the site currently drains overland to Kingsley Lake.
The site must be designed to pre -treat and infiltrate 0.5 inches of runoff from all
impervious surfaces as well as match or reduce the peak runoff rates for the 1, 10 &
100 year storm events from the preconstruction to post construction conditions.
The Developer is proposing to meet these requirements by constructing an
underground stormwater treatment and infiltration system for each lot. The runoff
from Lot 2, the Kingsley Shores Senior Living building and parking lot, except the
ramp to the underground parking area will be captured by privately -owned storm
sewer inlets proposed within the site. The runoff from the majority of the site will
be conveyed to the underground stormwater system. The proposed system will be
a Contech system and will be built with development of Lot 2. The underground
stormwater system will be privately owned and maintained. A permanent public
drainage and utility easement must be established over the underground stormwater
system and recorded on the Kingsley Shores Senior Living plat. Complete
construction and design detail must be submitted prior to building permit issuance.
The Developer's geotechnical report prepared by Braun Intertec, Inc. and dated
January 26 2011 indicates two dominant soil types beneath the proposed
underground stormwater basin with estimated infiltration rates of 0.6 in /hour and
0.2 in /hour. The system must be designed according to the most limiting infiltration
rate or 0.2 in /hour and must be able to infiltrate 0.5 inches of runoff from all
impervious surfaces within 48 hours. The Developer is proposing to pre -treat the
runoff for sedimentation by using a sump catch basin with a floatable separator prior
to entering the underground system.
The system must be bypassed during construction to ensure that sediments are not
entering the system at the heavier loads during construction per the manufacturer's
recommendations. The system will not be put on line until the site is fully
KINGSLEY SHORES SENIOR LIVING
FEBRUARY 11, 2011
PAGE 7 OF 12
stabilized. The system must be checked and cleaned as needed. Engineering
recommends that the system be visually checked and inspected for sediment
deposits following the Manufacturer's recommendations. A copy of the inspection
and cleaning records must be submitted to the City.
The runoff from Lot 1, the future commercial lot building and parking lot, will be
captured by future privately -owned storm sewer inlets proposed within the site. The
runoff from the majority of the site will be conveyed to a future underground
stormwater basin. The future underground stormwater basin must meet the
requirements described previously for Lot 2 and placed in a drainage and utility
easement.
The underground stormwater basins will have a combined outlet that will discharge
to Kingsley Lake above the delineated wetland boundary. A baffle wall outlet
structure will be constructed at the discharge point to reduce runoff velocity.
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.
SHORELAND OVERLAY DISTRICT
Kingsley Shores Senior Living is located within the Shoreland Overlay District of
Kingsley Lake and is therefore subject to the Shoreland Overlay District
requirements. The maximum impervious surface coverage allowed within the
Shoreland Overlay District is 25 %. The Developer is proposing to use pervious
pavers to meet the maximum impervious surface area requirement. The Minnesota
Department of Natural Resources has agreed to allow 25% of the pervious paver
area to be counted towards the overall pervious surface area.
The impervious surface coverage calculation for Kingsley Shores Senior Living is
shown below:
28,283 s.f. - 4,571 s.f. = 23,712 s.f. = 103,070 s.f. = 23.00%
Gross Impervious Surface 25% reduction for pervious
Area, Lot 1 paver area
Net Impervious Total Lot Area w/ Outlot A Impervious Surface
Surface Area, Lot 1 Impervious Surface Area Coverage
Credit Above OHWL
KINGSLEY SHORES SENIOR LMNG
FEBRUARY 11, 2011
PAGE 8 OF 12
49,611 s.f. - 3,195 s.f.
Gross Impervious Surface
Area, Lot 2
RETAINING WALLS
STORM SEWER
= 46,416 s.f. = 185,973 s.f. = 24.96%
25% reduction for pervious Net Impervious Total Lot Area w/ Outlot A Impervious Surface
paver area Surface Area, Lot 2 Impervious Surface Area Coverage
Credit Above OHWL
Development of Kingsley Shores Senior Living includes the construction of retaining
walls. The walls will be located at the following locations:
• Along the east (upper -tier and lower -tier) and west side (lower -tier only) of
the underground parking driveway access.
The walls shall be privately -owned and maintained by the Developer. The walls vary
in height between one and four feet. The walls shall be constructed outside the
established drainage and utility easements, as shown on the plans. The retaining
walls with a combined height greater than four feet shall be designed by a
registered geotechnical or structural engineer and constructed in accordance with
plans and specifications consistent with Mn /DOT requirements. A separate building
permit from the City's Building Inspections Department is required prior to
construction of the walls for all walls over 4 feet in height. The walls shall be
inspected during construction and certified by the design engineer following
construction.
Development of Kingsley Shores Senior Living includes the construction of public and
private storm sewer systems. The public storm sewer consists of the modification to
the existing storm sewer system within Klamath Trail to accommodate the street
widening. The proposed public storm sewer will be located within right of way and
maintained by the City. The private 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 the underground stormwater system and Kingsley Lake. Prior to City Council
consideration, the Developer must submit documentation of the private utility
easement to maintain the common storm sewer outlet between the two parcels.
The storm sewer systems will be privately -owned and maintained by each respective
parcel owner.
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 parent parcels were previously assessed for the trunk storm sewer area charge.
The assessment has been paid.
KINGSLEY SHORES SENIOR LIVING
FEBRUARY 11, 2011
PAGE 9 OF 12
The Developer is eligible for trunk storm sewer credits for conveying Outlot A to the
City. The credit for the 6.21 acres of land is $34,155.00 and is calculated at the rate
of $5,500.00 per acre, consistent with City policy.
WETLANDS
The wetland delineation was completed by Arrowhead Environmental. One wetland
was delineated within the site boundaries. An onsite review was conducted on
October 20, 2010 by City staff. The Notice of Application was sent out 10/26/2010.
No comments were received. After extensive review of the report and site visit, it
was determined that the delineated boundaries, as presented were accurate and
acceptable for use in implementing the Wetland Conservation Act. The wetland
delineation was approved November 16, 2010.
A 50 foot wetland buffer is shown on the preliminary plat plans as required by the
City of Lakeville Wetland Management Plan. The developer is being allowed to
grade within the buffer area with slopes no greater then 8:1 to install the outlet to
the lake. The developer is required to seed and stabilize all disturbed areas with
appropriate native mix. The wetland and wetland buffer will be conveyed to the City
in Outlot A.
TREE PRESERVATION
A tree preservation plan has been submitted and reviewed. The plan identifies a
total of 255 significant trees on the site. The tree preservation plan identifies 43
significant trees as remove.
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 46
new deciduous trees being planted as well as 28 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 = $ 3,000
Outlot A 1 Outlot @ $1,000 each = $ 1,000
Tree Preservation Security $ 4,000
EROSION CONTROL
An erosion control plan has been submitted and includes the following:
KINGSLEY SHORES SENIOR LIVING
FEBRUARY 11, 2011
PAGE 10 OF 12
• 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.
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
The Developer shall provide a Letter of Credit as security for the Developer - installed
improvements relating to Kingsley Shores Senior Living development. Construction
costs are based upon estimates submitted by the Developer's engineer on February
7, 2011.
CONSTRUCTION COSTS
Sanitary Sewer Construction
Watermain Construction
Storm Sewer Construction
Underground Stormwater System
Street Construction
Trails and Driveway Entrance Construction
Site Grading, Erosion Control, Restoration and
Grading Certification
SUBTOTAL - CONSTRUCTION COSTS
OTHER COSTS
Developer's Design (6.0 %)
Developer's Construction Survey (2.5 %)
City's Legal Expense (0.5 %)
City Construction Observation (7.0 %)
Developer's Record Drawing (0.5 %)
Tree Preservation
Retaining Walls
Remove Inplace Foundation
Bury Overhead Utilities
On -Site Private Signs and Pavement Markings
$ 34,215.00
5,000.00
6,250.00
90,000.00
44,400.00
54,700.00
21,620.00
$ 256,095.00
$ 15,365.70
6,402.38
1,280.48
17,926.65
1,280.48
4,000.00
9,125.00
1,000.00
23,000.00
2,000.00
KINGSLEY SHORES SENIOR LIVING
FEBRUARY 11, 2011
PAGE 11 OF 12
Landscaping 97,000.00
Lot Corners 300.00
SUBTOTAL - OTHER COSTS $ 178,680.69
TOTAL PROJECT SECURITIES $ 434,775.69
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.
CASH FEES
The cash fee for street signs is $350.00, which consists of one right turn lane sign at
$350.00 each. If the street posts are installed in frost conditions, the developer shall
pay an additional $150.00 at each street post location.
A cash fee for one -year of streetlight operating expenses for Lots 1 & 2 shall be paid
at the time of final plat approval. Consistent with City policy, the streetlight
operating fee is based on a commercial development so as to provide a more
comparable rate to the anticipated usage. The cash fee is calculated as follows:
1,210 ff x $0.214/ff /qtr x 4 qtrs = $1,035.76
Klamath Trail & Kenwood Trail Street Front Footage Streetlight Operating Rate Total
A cash fee for one -year of surface water management expenses for Lots 1 & 2 shall
be paid at the time of final plat approval and is calculated as follows:
101 units x 0.25 REU x $7.00 /unit /qtr x 4 qtrs = $707.00
Dwelling Units Residential Surface Water Total
Lot 2 Equivalent Utility Management Fee
Factor Rate
1.96 acres x 4.2 REU x 30 %/42% x $7.00 /unit /qtr x 4 qtrs = $164.64
Commercial Lot Residential Reduction for Surface Water Total
Lot 1 Equivalent less than 42% Management Fee Rate
Utility Factor impervious
A cash fee for the preparation of record construction drawings and for upgrading the
City base map shall be paid at the time of final plat approval and is calculated as
follows:
3 lots /outlots x $75.00 /lot and outlot = $225.00
Lots and Outlots City Base Map Updating Rate Total
KINGSLEY SHORES SENIOR LIVING
FEBRUARY 11, 2011
PAGE 12 OF 12
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 $7,682.85.
Street Sign Fee
Streetlight Operating Fee
Surface Water Management Fee
City Base Map Updating Fee
City Engineering Administration (3.00 %)
TOTAL CASH REQUIREMENT
Cash Reimbursement Due Developer
Trail Reimbursement Credit to Cash Fees
Credit for Deeding Outlot A to the City
TOTAL CASH REIMBURSEMENT
TOTAL CASH REIMBERSEMENT $ 40,750.87
RECOMMENDATION
CASH REQUIREMENTS
$350.00
1,035.76
871.64
225.00
7,682.85
$ 10,165.25
$16,761.12
34,155.00
$ 50,916.12
Engineering recommends approval of the preliminary plat, easement vacation, final
plat, grading plan, utility plan and site plan for Kingsley Shores Senior Living, 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 storm sewer
that will cross through and serve both lots.
• The Developer shall submit a final hydrology report.
• The Developer shall revise plans based on minor Engineering comments on
the grading and utility plans.
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