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HomeMy WebLinkAboutItem 07April 29, 2011 Item No. MAY 2, 2011 CITY COUNCIL MEETING DONNELLY FARM 3 ADDITION Proposed Action Staff recommends adoption of the following motion: Move to approve: a) a resolution approving the preliminary and final plat of Donnelly Farm 3rd Addition; b) an amendment to the Donnelly Farm PUD; c) a resolution vacating public drainage and utility easements. Adoption of this motion will allow the development of 41 single family lots within the next phase of the Donnelly Farm development. Overview Wyatt Pudel Pointer I, LLC has submitted preliminary plat, final plat, easement vacation and PUD amendment applications for the replatting of 73 vacant townhome lots and portions of three common area lots into 41 RS -4, Single Family Residential lots on 9.97 acres to be known as Donnelly Farm 3rd Addition. The Donnelly Farm 3 Addition replat is located within the townhome area of the Donnelly Farm development south of 194 Street and east of Dodd Boulevard (CSAH 9). All existing drainage and utility easements from the undeveloped townhome lots are proposed to be vacated and new easements will be established that reflect the proposed replatted single family lot design. At their April 21, 2011 meeting, the Planning Commission held a public hearing to consider the preliminary and final plat, planned unit development amendment and easement vacation. No residents addressed the Planning Commission during the public hearing. The Planning Commission unanimously recommended approval of the preliminary and final plat, planned unit development amendment and easement vacation. The Parks Recreation and Natural Resources Committee recommended approval of the preliminary and final plat at their April 20, 2011 meeting. Staff also recommends approval. Primary Issues to Consider • Does the proposed single family development meet the requirements of the Zoning Ordinance? • Why is the Donnelly Farm PUD being amended? • Will the proposed single family development impact the existing townhome home owners association? Supporting Information • Staff analysis of primary issues. • Resolution approving the preliminary and final plat. • Resolution approving the vacation of public drainage and utility easements. • Signed planned unit development amendment. • Signed development contract and cash payment required by the development contract. • April 21, 2011 Draft Planning Commission meeting minutes. • April 20, 2011 Draft Parks, Recreation and Natural Resources Committee meeting minutes. • April 15, 2011 Planning and Engineering Reports. y" . Kuennen, AICP Associate Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances Notes: Yard Front House Front Garage Side Interior Side Corner Rear Rear Adjacent to Open Space Areas (decks only) Setback 20' 25' 7' 20' 30' 20' STAFF ANALYSIS OF PRIMARY ISSUES • Does the proposed single family development meet the requirements of the Zoning Ordinance? In 2008 the City completed an update to their Comprehensive Land Use Plan. During this process staff held over 20 neighborhood meetings throughout the City and received input from the community including, home builders, developers, realtors, brokers and residential and commercial property owners. Comments received during these meetings included a request for the City to consider design standards for smaller single family lots. During the subsequent Zoning Ordinance update, which is required after updating the Comprehensive Plan, the Planning Commission directed staff to assemble a focus group consisting of representatives from the development community to discuss and review design standards for smaller single family lots. From the information obtained from the focus group and as reviewed by the Planning Commission and approved by the City Council, the Zoning Ordinance was revised to include new RS -4 single family lot design standards providing for smaller single family lot sizes and reduced front and side yard setbacks. In addition, the RS-4 single family lots are a permitted use within medium density residential zoning districts providing additional flexibility for the developer. The minimum lot width for single - family Tots within the RS -4 District is 70 feet for interior lots and 85 feet for corner lots. Setback requirements for single family lots in the RS -4 District are: All lots within the preliminary and final plat meet the minimum lot width and setback design standards and requirements. • Why is the Donnelly Farm PUD being amended? In addition to replatting the townhome lots into single family Tots a PUD amendment is also being proposed by the developer to provide developments standards for the new RS-4 single family homes. The developer is proposing to continue the architectural design standards that were adopted by the Planning Commission and City Council in April 2010 when a PUD amendment was processed for the single family area of the Donnelly Farm development. These architectural design standards are outlined in detail on Page 2 and 3 of the attached Planning Report. • Will the proposed single family development impact the existing townhome home owners association? The developer held several meetings with representatives of the homeowners associations within the Donnelly Farm development as well as representatives from RBC, Royal Bank of Canada that owns 22 of the undeveloped townhome lots that are not included within the replat. The developer has worked with each of these groups, at his expense, to correct several underlying easement, deed and ownership issues that had remained from the development going into foreclosure. The homeowners association has indicated their support for the proposed replatting of the townhome units into single family lots. The development of the new RS -4 single family Tots will not include a home owners association. 2 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF DONNELLY FARM 3 ADDITION WHEREAS, the owner of the plat described as Donnelly Farm 3 Addition has requested preliminary and final plat approval and a planned unit development amendment; and WHEREAS, the preliminary and final plat and planned unit development amendment were reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; and WHEREAS, the preliminary and final plat and planned unit development amendment are acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The preliminary and final plat of Donnelly Farm 3 Addition and planned unit development amendment is hereby approved subject to the developer's execution of the development contract and security requirements. 2. The Mayor and City Clerk are hereby directed to sign the development contract, final plat mylars and Addendum C to the planned unit development agreement. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. APPROVED AND ADOPTED this 2nd day of May 2011. ATTEST: Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) 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 2 day of May, 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 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 drainage and utility easements legally described on the attached Exhibit A, are hereby vacated subject to the recording of the Donnelly Farm 3rd Addition final plat. 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 2nd day of May, 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. the resolution presented to and adopted by the City duly authorized meeting thereof held on the 2 nd day minutes of said meeting in my possession. is a true and correct copy of Council of the City of Lakeville at a of May, 2011, as shown by the Charlene Friedges, City Clerk (SEAL) The land referred is situated in the City of Lakeville, County of Dakota, State of Minnesota, and is described as follows: Lot 6, Block 9: Exhibit A Donnelly Farm 3 Addition Donnelly Farms Town Homes Drainage and Utility Easement Vacation LEGAL DESCRIPTION All of Lot 50, Block 7, Donnelly Farm Addition, Dakota County, Minnesota, except that part of said Lot 50, lying northerly of the following described lines: Commencing at the southeast corner of said lot 50; thence North 00 degrees 03 minutes 45 seconds East, along the east line of said Lot 50, a distance of 136.40 feet to the point of beginning of the lines to be described; thence South 89 degrees 32 minutes 26 seconds West a distance of 97.53 feet; thence North 53 degrees 51 minutes 00 seconds West a distance of 61.50 feet to the southeasterly line of Itea Avenue as dedicated in said plat of Donnelly Farm Addition and there terminating That part of Lot 25, Block 10, Donnelly Farm Addition, Dakota County, Minnesota, which lies north of the following described line: Commencing at the southwest corner of said lot 25; thence North 00 degrees 02 minutes 07 seconds West, along the west line of said Lot 25, a distance of 233.66 feet to the point of beginning of the line to be described; thence North 89 degrees 57 minutes 53 seconds East a distance of 120.00 feet to the westerly line of Iberis Avenue as dedicated in said plat of Donnelly Farm Addition, and there terminating. All of Lot 41, Block 11, Donnelly Farm Addition, except that part of said Lot 41 described as follows: Commencing at the southwest and most westerly corner of said Lot 41; thence northeasterly along the east line of Iberis Avenue a distance of 101.16 feet along a curve concave to the West having a radius of 330.00 feet and a central angle of 17 degrees 33 minutes 53 seconds and having a chord bearing of North 14 degrees 44 minutes 41 seconds East to the point of beginning of the tract to be described; thence North 89 degrees 57 minutes 53 seconds East a distance of 132.81 feet; thence North 00 degrees 02 minutes 07 seconds West a distance of 292.21 feet; thence South 89 degrees 57 minutes 53 seconds West a distance of 131.00 feet to said East line of Iberis Avenue; thence South 00 degrees 02 minutes 07 seconds East along said East line of Iberis Avenue a distance of 257.73 feet; thence southerly along said East line of Iberis Avenue a distance of 34.55 feet on a tangential curve concave to the West having a radius of 330.00 feet and a central angle of 05 degrees 59 minutes 52 seconds to the point of beginning, and there terminating. All in Donnelly Farm Addition. (Abstract property) 42 41 40 ■ 39 38 37 36 35 ' 8 14 1i a) 198th St W U N OUTLOT F 'tea Ave Legend Donnelly Farm Easement Vacations Built Town Homes 4 Lot 50 Block 7 21 22 23 24 25 26 27 28 29 30 7 2 3 4 2 2 3 4 5 1 2 3 4 Donnelly Farm 3rd Addition Easement Vacations Exhibit OUTLOT open space OT G 26 27 28 29 30 31 32 33 34 15 18 19 1 0 0 (reserved for recording information) ADDENDUM "C" TO DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT FOR DONNELLY FARM ADDITION AGREEMENT dated , 2011, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City ") and WYATT PUDEL POINTER I, LLC, a Minnesota limited liability company (the "Developer "). 1. BACKGROUND. A. The City and Tollefson Development, Inc. previously entered into a development contract and planned unit development agreement for Donnelly Farm Addition dated November 1, 2004 and recorded with the Dakota County Recorder's office on May 9, 2005 as Document No. 2319946 (the "Development Contract/PUD "). B. In 2006 a portion of the lots within Donnelly Farm Addition were replatted as Donnelly Farm 2nd Addition. The City and Tollefson Development, Inc. entered into Addendum "A" to Development Contract and Planned Unit Development Agreement for Donnelly Farm Addition dated March 13, 2006 and recorded with the Dakota County Recorder's 157271/v02 1 LKVL:Donnelly Farm Addition SRN:r04 /21/2011 (Amendment C to PUD) office on April 21, 2006 as Document No. 2422065 to have the Development Contract/PUD apply to Donnelly Farm 2nd Addition. C. Tollefson Development, Inc. assigned the Development Contract/PUD to the Developer by Assignment dated October 19, 2009, recorded with the Dakota County Recorder's office on November 9, 2009 as Document No. 2695313. D. The City and the Developer entered into Addendum `B" to Development Contract and Planned Unit Development Agreement for Donnelly Farm Addition dated May 17, 2010 and recorded with the Dakota County Recorder's office on May 19, 2010 as Document No. 2731032 to modify the design standards for the 73 vacant single family lots remaining in Donnelly Farm Addition project, 36 of which are defined as restricted lots by the current PUD standards for the project. 2. EXTENSION OF DEVELOPMENT CONTRACT/PUD. The Development Contract/PUD shall remain in full force and effect except as specifically modified by this Addendum "C ". 3. PROPOSED PUD AMENDMENT AND BACKGROUND INFORMATION. The Development Contract/PUD allowed 63 of the 125 single family lots within Donnelly Farm Addition to have reduced lot widths ranging from 75 to 80 feet with minor reductions in the minimum lot area requirements. These reduced lot standards were allowed on condition that the 63 "restricted lots" include the following architectural design standards. • A front porch with a minimum depth of six feet that extends across the front facade of the home. • A two -car side entry garage with an optional attached third car garage that may face the street. • Gabled and dormered roofs and brick or stone knee walls. • A minimum 7 -foot interior side yard setback and 20 -foot corner lot side yard setback. • Single family home styles /architecture must be approved by the Planning Director. 157271/v02 2 LKVL:Donnelly Farm Addition SRN:r04 /21/2011 (Amendment C to PUD) These standards were imposed in an effort to off -set the reduction in the lot width and lot area requirements and to promote a house plan that did not focus on a garage forward design. There are currently 73 vacant lots remaining in the project. Thirty-six of the remaining vacant lots are defined as restricted by the current PUD standards for the project. Addendum "B" approved in 2010 modified the design standards for some of the vacant single family lots in Donnelly Farm Addition to allow front facing garages with additional architectural requirements. The Developer is now replatting the 73 vacant townhome lots previously established with the Donnelly Farm Addition and Donnelly Farm 2 " Addition plats into 41 RS -4, Single Family Residential lots on 9.97 acres to be known as Donnelly Farm 3 Addition, and is requesting a PUD amendment to further modify the design standards for the following lots: All in Donnelly Farm 3 Addition, according to the recorded plat thereof, Dakota County, Minnesota. 4. PUD AMENDMENT APPROVAL. The City hereby grants approval of an amendment to the Development Contract/PUD for Donnelly Farm to include the following architectural design standards for the 41 lots within Donnelly Farm 3 1-d Addition: 157271/v02 Lots 1 through 3, inclusive, Block 1: Lots 1 through 10, inclusive, Block 2; Lots 1 through 21, inclusive, Block 3; and Lots 1 through 7, inclusive, Block 4; A. Monotony Code — no residence shall be constructed with the same color scheme as a residence located next door, across the street or diagonally from the residence to be constructed and no residence shall be constructed with the same building elevation as the residence across the street or next door. B. The house plans will include a combination of the following architectural features. 1) Porches 2) Railings 3) Shutters 4) Columns 5) Brick or stone knee walls LKVL:Donnelly Farm Addition 3 SRN:r04 /21/2011 (Amendment C to PUD) C. If a front loaded garage is proposed, the front eave of the garage will not extend more than 8 feet in front of the eave of the front stoop or porch. Architectural garage doors with windows will be required for all front loaded garages. These standards will help provide a variety of housing styles and products that are currently in demand in the Lakeville market with a mixture of architectural elements and materials that meet the intent of the PUD standards. (SEAL) IN WITNESS WHEREOF this Addendum "C" was executed by the parties the day and year first above written. STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) 6) Gabled, hip and dormered roofs 7) Variety of siding types, widths and colors 8) Shakes 9) Brackets 10) Architectural garage doors with windows 11) Vinyl soffit and fascia 12) Window cornices 13) Multi - Colored elevations CITY LAKEVILLE BY: Mark Bellows, Mayor AND: Charlene Friedges, City 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. 157271/v02 Notary Public LKVL:Donnelly Farm Addition 4 SRN:r04 /21/2011 (Amendment C to PUD) STATE OF MINNESOTA ) ( ss. COUNTY OF DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452 -5000 SRN:ms DEV OPER: WYA PUDEL POINTER I, LLC BY: s ' . Deanovic hief Manager The foregoing instrument was acknowledged before me this z7 ' day of 2011, by James P. Deanovic the Chief Manager of WYATT PUDEL POINTER 1, L LC, a Minnesota limited liability company, on behalf of the company. Notary ublic / Y , PAULA DOROTHY BOWEN NOTARY PUBLIC MINNESOTA My Commission Expires Jan. 31, 2015 157271/v02 5 LKVL:Donnelly Farm Addition SRN:r04 /21/2011 (Amendment C to PUD) PAY T THE WYATT PUDEL POINTER I, LLC 5116 MIRROR LAKES DRIVE EDINA, MN 55436 erfai M1 .' COMMUNITY BANK •• Chaska • Chanhassen • MEMO .4 1:09 L9 L70471: 3SL32L 75-1704/919 . DATE 0112 5042 3.9 7 DOLLARS �i ,, NP (reserved for recording information) DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AMENDMENT (Developer Installed Improvements) D ONNELL Y FARM 3 RD ADDITION AGREEMENT dated , 2011, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and WYATT PUDEL POINTER I, LLC, a Minnesota limited liability company (the "Developer "). 1. REQUEST FOR PLAT APPROVAL AND PLANNED UNIT DEVELOPMENT AMENDMENT. The Developer has asked the City to approve a plat and planned unit development amendment for DONNELLY FARM 3RD ADDITION (referred to in this Contract as the "plat "). The land is situated in the County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A ". 2. CONDITIONS OF PLAT AND PLANNED UNIT DEVELOPMENT AMENDMENT APPROVAL. The City hereby approves the plat and planned unit development amendment 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 private improvements, or any buildings until all the following conditions have been satisfied: 1) this 157228v03 1 LKVL:DONNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) 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 and B, 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 Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: 157228v03 2 LKVL:DoNNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Plans and Specifications for Public Improvements Plan D - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control E. Underground Utilities F. Setting of Iron Monuments G. Surveying and Staking H. 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 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 157228v03 3 LKVL:DONNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) 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 comers 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 applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 157228v03 4 LKVL:DoNNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2011. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 15. GRADING PLAN. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building 157228v03 5 LKVL:DoNNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) permits (except one model home permit on a lot acceptable to the Building Official), 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 house pads, and all other items listed in City Code Section 10- 3 -5.NN. The City will withhold issuance of building permits 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 Tots with house 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, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action unless otherwise specified. 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 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. 157228v03 6 LKVL:DONNELLY FARM 3" ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) 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 Donnelly Farm 3rd Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the Tots to existing public stormwater basins located adjacent to the site in Outlots B and E, Donnelly Farm Addition. The storm sewer will replace the existing public storm sewer that will be removed to accommodate the new single family lot configuration. All storm sewer work, including street and sidewalk restoration, must be inspected by City staff and completed in conformance with the City's Standard Specifications. The trunk storm sewer area charge for the parent parcels of Donnelly Farm 3rd Addition was paid with the Donnelly Farm Addition plat in 2004. 20. SANITARY SEWER. Development of Donnelly Farm 3rd Addition will not require new public sanitary sewer construction /extension. Thirty -eight (38) Tots within the plat will utilize existing sanitary sewer services previously installed with the Donnelly Farm Addition improvements. Three (3) Tots will require new sanitary sewer services. Thirty -one (31) of the existing sanitary sewer services will be permanently abandoned in place. The location of all abandoned sanitary sewer services must be shown on certificates of survey submitted during the building permit process. In addition to the sanitary sewer service work outlined above, the new single family lot configuration necessitates the need to remove a small section of public sanitary sewer. All sanitary sewer work, including street and sidewalk restoration, must be inspected by City staff and completed with the City's Standard Specifications. The City reserves the right to increase the street sections at the time of construction based upon site conditions. Building permits will not be issued for Tots without existing sanitary sewer services until the new services have been constructed, inspected and approved. 157228v03 7 LKVL:DoNNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) The sanitary sewer trunk area charge and lateral sanitary sewer access charge for the parent parcels of Donnelly Farm 3rd Addition were paid with the Donnelly Farm Addition plat in 2004. 21. WATERMAIN. Development of Donnelly Farm 3rd Addition will not require new public watermain construction /extension. Thirty -eight (38) lots within the plat will utilize existing water services previously installed with the Donnelly Farm Addition improvements. Three (3) lots will require new water services. Thirty -one (31) of the existing water services will be permanently abandoned in place. The existing water services proposed to be permanently abandoned must be shut -off at the curb stop valve, and the curb box and stop, and stationary rod must be removed. The remaining copper water service pipe may be abandoned in place. The Developer shall pay a cash fee of $1,000.00 per abandoned service, for a total of $31,000.00, at the time of final plat approval for future maintenance and repairs relating to abandoned water services. All water service abandonment work must be inspected by the City's Utility Department and completed prior to issuance of a certificate of occupancy. Prior to backfilling, GPS coordinates if the curb stop valve must be provided per standard plat LV- ST -12. The location of all abandoned water services must be shown on certificates of survey submitted during the building permit process. In addition to the water service work outlined above, the new single family lot configuration necessitates the need to remove a small section of public watermain and install a new irrigation service. The irrigation service will be located within the common area of Lot 50, Block 7, Donnelly Farm Addition (outside the proposed Donnelly Farm 3` Addition plat) and will be privately -owned and maintained by the existing townhome management association. The Developer has obtained written authorization from the existing townhome management association for the work within private property in the form of a temporary easement as referenced in the title commitment and depicted on the certificate of survey. All watermain work, including street and sidewalk restoration, must be inspected by City staff and completed in conformance with the City's Standard Specifications. Final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for 157228v03 8 LKVL:DONNELLY FARM 3RD ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) buildings shall not be permitted until the as -built electronic files have been submitted and approved by City staff. The City reserves the right to increase the street sections at the time of construction based upon site conditions. Building permits will not be issued for Tots without existing water services until the new services have been constructed, inspected and approved. The Lateral Watermain Access Charge for the parent parcels of Donnelly Farm 3rd Addition was paid with the Donnelly Farm Addition plat in 2004. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to Rea Avenue via Dodd Boulevard (CSAH -9). 23. PARK DEDICATION AND TRAILS. Development of Donnelly Farm 3rd Addition will not require additional public trail construction /extension. The City's Parks, Trails and Open Space Plan does not designate any area within the proposed plat as future park land. The City's park dedication requirement for Donnelly Farm 3rd Addition was satisfied through a combination of land dedication and a cash contribution paid with the Donnelly Farm Addition plat in 2004. 24. EXISTING PARKING LOT REMOVAL. The new single family lot configuration in Donnelly Farm 3rd Addition necessitates the need to remove four (4) existing parking lots previously constructed with the Donnelly Farm Addition improvements to meet the RM -1, Medium Density Residential District guest parking requirements. The Developer has obtained written authorization from the existing townhome management association for removal work or associated grading within private property in the form of a temporary easement as referenced in the title commitment and depicted on the certificate of survey. Building permits will not be issued for Tots with existing parking lots until the parking lots have been removed. 25. LANDSCAPING. Buffer yard screening around the perimeter of the site and adjacent to Dodd Boulevard was installed with the Donnelly Farm Addition plat and meets all the minimum landscaping and screening requirements. All other landscaping and landscape screening within 157228v03 9 LKVL:DoNNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) Donnelly Farm 3rd Addition must be installed in accordance with the approved landscape plan. Before the City signs the final plat, the Developer must post a $26,200.00 security to guarantee the installation of the approved landscaping and screening. Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum deciduous tree size shall be two and one -half (2') inches caliper, either bare root in season, or balled and burlapped. Evergreen trees must be at least eight feet (8') tall. The trees may not be planted in the boulevard. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home is constructed on a lot. Before a building permit is issued, a cash escrow of $2,000.00 per lot shall be furnished the City to guarantee compliance with the erosion control and the landscaping requirements and the submittal of an as -built certificate of survey. If the final grading, erosion control, as -built certificate of survey and landscaping is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping, erosion control and as -built certificate of survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. 26. TREE PRESERVATION. There are no existing significant trees within the Donnelly Farm 3rd Addition site. 27. WETLAND MITIGATION. There are no existing wetlands within the Donnelly Farm 3rd Addition site. 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the April 15, 2011, Engineering report. 157228v03 10 LKVL:DONNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) B. Implementation of the recommendations of the Parks, Recreation, and Natural Resources Committee, if any. C. The Developer or builder must provide the City an updated project matrix with each building permit illustrating the house plan, elevation, and colors built in the project to date subject to the PUD architectural design standards to illustrate how the monotony code is being enforced. D. All house plans for the single family Tots within Donnelly Farm 3rd Addition must be approved by the Planning Department as previously required for all building permits within the Donnelly Farm PUD. E. Before the City signs the final plat, the Developer shall furnish the City with an appropriately executed 5 -foot wide permanent public trail easement along the east side of Lot 3, Block 1, in recordable form. F. All single - family homes within Donnelly Farm 3rd Addition must comply with the following RS-4, Single Family Residential District setbacks: Front House 20 feet Front Garage 25 feet Side Interior 7 feet Side Corner 20 feet (50' abutting Dodd Blvd.) Rear 30 feet Rear Adjacent to Open Space Areas (decks only) 20 feet (Lots 4 thru 7, Block 4 and Lots 1 thru 10, Block 2) G. 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 $4,100.00 security for the final placement of subdivision iron monuments at property corners. The security was calculated as follows: 41 lots at $100.00 per lot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading, 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. 157228v03 11 LKVL:DONNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) H. 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 for a total charge of $3,075.00. I. 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. 29. 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 improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto, from a bank ( "security ") for $258,467.06, plus a cash fee of $5,875.55 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Sanitary Sewer $ 11,351.00 Watermain 28,165.00 Storm Sewer /Draintile 87,554.00 Street 58,141.00 Site Grading /Erosion Control /Restoration & Grading Certification 10,640.55 CONSTRUCTION SUB -TOTAL $ 195,851.55 OTHER COSTS: Developer's Design (6.0 %) $ 11,751.09 Developer's Construction Survey (2.5 %) 4,896.29 City Legal Expenses (Est. 0.5 %) 979.26 City Construction Observation (Est. 7.0 %) 13,709.61 Developer's Record Drawings (0.5 %) 979.26 Landscaping 26,200.00 Lot Corners /Iron Monuments 4,100.00 OTHER COSTS SUB -TOTAL $ 62,615.51 TOTAL PROJECT SECURITIES: S 258,467.06 157228v03 12 LKVL:DONNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) 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. 30. 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: Abandoned Water Services City Base Map Updating City Engineering Administration (3 %) TOTAL CASH REQUIREMENTS $ 31,000.00 3,075.00 5,875.55 $ 39,950.55 31. 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. 157228v03 13 LKVL:DONNELLY FARM 3 ADDITION SRN:r04/26/2011 (Wyatt Pudel Pointer I, LLC) 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. 32. 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 3rd 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 reasonable attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and reasonable 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. 157228v03 14 LKVL:DONNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) 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. 33. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty -eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. 3rd 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 Tots sold to 3rd parties. If requested, the City shall provide a certification to any 3" party requesting confirmation confirming either (i) the Developer is in default and identifying the default required to be cured before a building permit for the lot may be pulled; or (ii) the Developer is not in default and a building permit will be provided upon compliance by the lot owner (or it's builder's) with the City requirements for construction and payment of all applicable permitting fees required for the building permit(s). 157228v03 15 LKVL:DONNELLY FARM 3RD ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) 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 any building permits, except one model home on a lot acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning ordinance is required prior to the construction of any model homes. 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 3rd 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. Upon request the City will consider releasing individual lots from this Development Contract. Releases may be approved by the City Administrator or the Administrator's designee. 157228v03 16 LKVL:DONNELLY FARM 3RD ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, 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 Tots, the entire plat, or any part of it. L. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 157228v03 17 LKVL:DONNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) 35. 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: 5116 Mirror Lakes Drive, Edina, Minnesota 55436. 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.] 157228v03 18 LKVL:DONNELLY FARM 3' ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) CITY OF LAKEVILLE BY: Mark Bellows, Mayor AND 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 157228v03 19 LKVL:DONNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:srn DEVE WYAT BY: OPER: UDEL POINTER I, LLC P. Deanovic ief Manager STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this 27 day of a 7 .Q_ W 2011, by James P. Deanovic, the Chief Manager of YATT PUDEL POINTER I, LLC,I a Minnesota limited liability company, on behalf of the company. NOTARY PUBLIC PAULA DOROTHY BOWEN NOTARY PUBLIC MINNESOTA My Commission Expires Jan. 31, 2015 157228v03 20 LKVL:DONNELLY FARM 3` ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) Lots 1 through 5, inclusive, Block 5; Lots 1 through 4, inclusive, Block 6; Lots 1 through 6, inclusive, Block 7; and Lots 1 through 6, inclusive, Block 9; AND Lots 35 through 49, inclusive, Block 7; Lot 6, Block 9 inclusive; Lots 7 through 24, inclusive, Block 10; and Lots 16 through 34, inclusive, Block 11; Together with: [ABSTRACT PROPERTY] EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as DONNELLY FARM 3RD ADDITION All in DONNELLY FARM 2 ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. All in DONNELLY FARM ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. That part of Lot 25, Block 10, DONNELLY FARM ADDITION, Dakota County, Minnesota, which lies North of the following described line: Commencing at the southwest corner of said Lot 25; thence North 00 degrees 02 minutes 07 seconds West along the west line of said Lot 25, a distance of 233.66 feet to the point of beginning of the line to be described; thence North 89 degrees 57 minuets 53 seconds East, a distance of 120.00 feet to the westerly line of Iberis Avenue, as dedicated in said plat of DONNELLY FARM ADDITION, and there terminating. All of Lot 41, Block 11, DONNELY FARM ADDITION, except that part of said Lot 41 described as follows: Commencing at the southwest and most westerly corner of said Lot 41; thence northeasterly along the east line of Iberis Avenue a distance of 101.16 feet along a curve concave to the West having a radius of 330.00 feet and a central angle of 17 degrees 33 minutes 53 seconds and having a chord bearing of North 14 degrees 44 minutes 41 seconds East to the point of beginning of the tract to be described; thence North 89 degrees 57 minutes 53 seconds East a distance of 132.81 feet; thence North 00 degrees 02 minutes 07 seconds West a distance of 292.21 feet; thence South 89 degrees 57 minutes 53 seconds West a distance of 131.00 feet to the East line of Iberis Avenue; thence South 00 degrees 02 minutes 07 seconds East along said East line of Iberis Avenue a distance of 257.73 feet; thence southerly along said East line of Iberis Avenue a distance of 34.55 feet on a tangential curve concave to the West having a radius of 330.00 feet and a central angle of 05 degrees 59 minutes 52 seconds to the point of beginning, and there terminating. All of Lot 50, Block 7, DONNELLY FARM ADDITION, Dakota County, Minnesota, except that part of said Lot 50, lying Northerly of the following described line: Commencing at the southeast corner of said Lot 50; thence North 00 degrees 03 minutes 45 seconds East, along the East line of said Lot 50, a distance of 136.41 feet to the point of beginning of the lines to be described; thence South 89 degrees 32 minutes 26 seconds West, a distance of 97.53 feet; thence North 53 degrees 51 minutes 00 seconds West, a distance of 61.50 feet to the southeasterly line of [tea Avenue, as dedicated in said plat of DONNELLY FARM ADDITION and there terminating. 157228v03 21 LKVL:DONNELLY FARM 3 ADDITION SRN:r04 /26/2011 (Wyatt Pudel Pointer I, LLC) ITEM 3. APPROVAL OF MEETING MINUT CITY OF LAKEVILLE Planning Commission Meeting Minutes APRIL 21, 2011 tem No. e April 21, 2011 Planning Commission meeting was called to order by Vice Chair Lil • ei in the City Hall Council Chambers at 6:00 p.m. Flag ple • e and roll call of members: Present: Vice Chair Lillehei cretary Adler Co , missioner Boerschel Co ' issioner Drotning Comm' Toner Grenz (arrived at 6:02 Commissi. er Maguire Absent: Chair Davis, ' • - officio Fitzhe Staff Present Daryl Morey, P ing Director; Allyn Kuennen, Associate Planner; Zach Johnson, A , istant City' Engineer;; Andrea Poehler, Assistant City Attorney; and y Brevig','Rec+ording Secretary. The April 4, 2011 Joint City Council /P1. ; . Commission meeting minutes were approved as presented: The April 7, 2011 Planning ,Commission_ meetin: minutes were approved as presented. ITEM 4. - ANNOUNCEMENTS: 1. Mr. Morey stated that the following were distributed to the P1 g Commission at tonight's meeting: Draft: minutes' from the April 20, 2011 Parks, Recreation an Natural Resources Committee meeting regarding the Donnelly Farm 3 A dition prelimiar - '' and final plat and the Stone Borough 4 Ad • tion • y p lat. ITEM 5. DONNELLY FARM 3RD ADDITION Vice Chair Lillehei opened the public hearing to consider the application of Wyatt Pudel Pointer I, LLC for the following, located within the townhome area of the Donnelly Farm development south of 194th Street and east of Dodd Boulevard (CSAH 9): A. Preliminary and Final plat of 41 single- family residential lots to be known as Donnelly Farm 3 Addition; B. Amendment to the Donnelly Farm Planned Unit Development from attached townhome units to single family residential lots; and C. Vacation of existing public drainage and utility easements. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mathew Weiland, Senior Project Manager working for Wyatt Pudel Pointer I, LLC presented a brief history of the development and an overview of their current request. The developer and owner of the subject property, Jim Deanovic, arrived shortly after 6:00 p.m. Mr. Weiland thanked staff for their help in identifying issues and providing assistance for the development of their4 roperty. Mr. Weiland stated that Mr. Deanovic prepared a market study shortly after he purchased the property due to the inactivity in the Donnelly Farm PUD.,, The market study identified a demand for a smaller lot single family project. Mr: Weiland also stated that because it took almost a year to correct title issues associated: 'With the property they were able to form a relationship with the existing townhome owners and ultimately gain their support for what is being presented at tonight's meeting. Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen stated that the RS-4 District standards were modified with the 2010 Zoning Ordinance update based upon.,: feedback, the City received through the Comprehensive Plan update process in' 2008 and through a focus group of representatives from the;, residential ':developmerit::''community that was formed during the Zoning Ordinance update. Mr. Kuennen presented the..landscape:�. plan that was submitted with the preliminary and final: plat= and: PUD amendment and indicated the developer identified .a: need to create buffer between the existing townhouse units and the proposed'singIe family Iots:. He indicated there are two guest parking areas that will . emain for the'townhoiise units and a fence that will be installed as a buffer for the single family lots in:these locations. _ s Mr. Kuennen stated that :should the Planning Commission recommend approval of the prelimmar and finaf''plat, easement vacation, and PUD amendment, Planning Department staff recommends approval subject to the 7 stipulations listed in the April 15, 2011 planiurig report. Vice Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Planning Commission Meeting April 21, 2011 Page 2 11.18 Motion was made and seconded to close the public hearing at 6:13 p.m. Ayes: Boerschel, Maguire, Lillehei, Adler, Grenz, Drotning. Nays: 0 Vice Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Grenz asked how the association will work for this development. Mr. Weiland stated that, at the request of the existing townhome owners, there will be no association on the single family lots. There will only be the current townhome association for the existing townhomes. • Commissioner Grenz asked if there are any townhome lots currently not built on. Mr. Weiland indicated that there- are remaining lots that are currently not built on that are owned by RBC, • Mr. Deanovic indicated that he would like to eventually purchase these lots. • Mr. Deanovic thanked City staff for their help over the last year. • Vice Chair Lillehei asked Mr. Weiland to point out the two townhome guest parking lots that will remain with this development. 11.19 Motion was made and seconded to recommend , .to City Council approval of the following, located south of 194 Street and east of•Dodd Boulevard (CSAH 9): A. Preliminary and final plat of 41 ;single- family residential lots to be known as Donnelly Farm 3rd Addition; B. Amendment to the Donnelly Farm Planned Unit Development from attached : townhome„ units to single family residential lots; and C. Vacation of existing public drainage ' and utility easements, subject to the following 7 stipulations: 1. The recommendations ou tli. l ed: in the April 15, 2011 Engineering report. 2. The''-- recommendations of the Parks, Recreation and Natural Resources mmittee The landscape screening must be installed as shown on the approved plans and a security in the amount of $26,200 must be submitted to guarantee the installation of the Tandscaping. 4. The'developer /builder will provide the City an updated project matrix with each building permit illustrating the house plan, elevation, and colors built in the project to''date subject to the PUD architectural design standards to illustrate hoW the monotony code is being enforced. 5. All house plans for the single family lots must be approved by the Planning Department as previously required for all building permits within the Donnelly Farm PUD. 6. The developer is establishing a 5 -foot wide permanent public trail easement along the east side of Lot 3, Block 1, as depicted on the Donnelly Farm 3rd Addition preliminary plat, to allow for accessibility and maintenance of this sidewalk segment. Planning Commission Meeting April 21, 2011 Page 3 Yard Front Front Side Side Corner Rear Rear Adjacent to House Garage Interior Open Space Areas (Decks only) Setback 20' 25' 7' 20' 30' 20' (50' abutting Dodd Blvd.) (Lots 4 -7, Block 4 and Lots 1 -10, Block 2) 7. All single- family homes must comply with the following RS -4, Single Family Residential district setbacks: Ayes: Maguire, Lillehei, Adler, Grenz, Drotning, Boerschel. Nays: 0 Planning Commission Meeting April 21, 2011 Page 4 Vice . it Lillehei opened the public hearing to consider the application of KJ located Walk, Inc. r the following, east of Dodd Boulevard (CSAH 9) and north of Preliminary plat of 42 single - family residential lots to be known as Stone : rough 4th Addition; and B. Vacation of existing public drainage and utility easemen and to consider the final plat of 26 single- family residential lots to be known as Sto - Borough 4th Addition. The Recording Secretary attested that the legal notice had be ° duly published in accordance with State Statutes and City Code. Warren Isrealson and Luke Isrealso from KJ Walk, Inc. were in attendance at tonight's meeting. Warren Isrealson pr- ented an overview of their request. Mr. Isrealson stated that there is one change to e plat since the planning report was written. He commented that city staff suggest- • that he include what is currently shown as Outlot A as two single family lots in •ne Borough 4th Addition. So rather than preparing a ghost plat for Outlot A as re. • mmended in the planning report, he has included the two single family lots m- -ting Zoning Ordinance requirements on the Stone Borough 4th Addition preliminary . d final plat. Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen went into more detail regarding the proposed two additional single ily lots in Stone Borough 4th Addition. He indicated that while the proposed des n does meet Zoning Ordinance requirements, a more regular lot design could be ach•-ved via a land swap with the adjacent townhome HOA as described in the plane report. CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE Meeting Minutes for April 20, 2011 ITEM 1 Call to order Meeting was called to order at 6:00 p.m. ITEM 2 Roll call of members Introduction of new committee members, Matt Dinslage and Bob Swan Present: Matt Dinslage, Tom Goodwin, Judy Hayes, Scott Kelly, Howard Lovelace, Jeanne Peterson, Bob Swan Absent: Jerry Zell Staff Present: Parks & Recreation Director Steve Michaud, Recording Secretary Patty Ruedy ITEM 3 Nomination and election of Vice Chair to replace Bob Boerschel (11.05) Motion by Kelly, seconded by Goodwin to nominate Jeanne Peterson as Vice -Chair and Judy Hayes as Secretary of the Parks, Recreation and Natural Resources Committee for the remainder of 2011 and approve the nomination as presented. Ayes -7 Nays -0 Motion passed. ITEM 4 Approval of the February 16, 2011 meeting minutes The Parks, Recreation & Natural Resources Committee meeting minutes were approved as presented. ITEM 5 Citizen comments There were no citizens present. ITEM 6 Presentation of new park alternative concepts Steve Sullivan, Dakota County Parks Director shared alternative concepts with the committee for a new proposed regional park in Empire Township. Steve Michaud and committee members shared their feedback on the plans. Sullivan would like to revisit the committee and present a draft of the preferred plan. ITEM 7 Staff Report Staff referred to the report in the committee packet. Tom Goodwin left the meeting at 7:10 p. m. DRAFT ITEM 8 Donnelly Farm 3 Addition preliminary and final plat Wyatt Pudel Pointer 1, LLC has submitted a preliminary and final plat to amend an existing PUD application for the re- platting of 73 vacant townhome lots into 41 single - family residential Tots. Because this plat had been approved previously and sidewalks, trails and park dedication were all satisfied, the re- platting does not increase the density which would require additional park dedication payment. Originally, all sidewalks and trails were installed and the park dedication consisted of both a land dedication and cash contribution. The land dedication consists of a substantial greenway corridor from 195 Street West south into downtown Lakeville. Although there will be no park dedication requirement, staff is recommending the Parks, Recreation and Natural Resources Committee consider recommending to City Council approval of Donnelly Farm 3rd Addition preliminary and final plat. (11.06) Motion made by Lovelace, seconded by Peterson to recommend City Council consider approval of Donnelly Farm 3rd Addition preliminary and final plat. Parks, Recreation & Natural Resources Committee Meeting Minutes, April 20, 2011 Page 2 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. ITEM 9 Stone Borough Fourth Addition preliminary and final plat I0 Walk, Inc. has submitted a preliminary and final plat of the re- platting of 97 vacant townhouse units into 42 single - family residential lots. This plat is very similar to the action being taken for Donnelly Farm 3rd Addition. As in the Donnelly Farm 3 Addition, sidewalks, trails and the park dedication were satisfied during the original plat review. There is one exception that the developer will have to make repairs to the public trail connection located near the northeast corner of the property that was disturbed during the construction of the previous phase of the development. If committee members may recall, we are presently out for bid to construct Stoneborough Park. Bids are due and will be opened on April 26. Staff is therefore recommending the Parks, Recreation and Natural Resources Committee consider recommending to City Council approval of Stone Borough Fourth Additional preliminary and final plat as presented. (11.07) Motion made by Kelly, seconded by Lovelace to recommend City Council consider approval of Stone Borough Fourth Addition preliminary and final plat. The developer will be required to make repairs to the public trail connection located near the northeast comer of the property that was disturbed during the construction of the previous phase of the development. 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. ITEM 10 Canoe /kayak racks From time to time, residents have called about the possibility of installing canoe and /or kayak racks on public property such as Casperson Park, Orchard Lake Beach /Park and Antlers Park. Staff contacted Burnsville and Apple Valley and reviewed their facilities and costs. The price for Lakeville to build and install one canoe /kayak rack at Orchard Lake Beach /Park would be $500. Hayes suggested we use proceeds from the Haunted Forest. Charging $50 -$60 per year /per slot would recoup half the cost in the first year of use. Committee directed staff to create a policy and the committee will review it. Staff will then present it to Council. ITEM 11 Ritter Farm Park dog complaints Once again we have received complaints from residents using Ritter Farm Park complaining about dogs running loose off of leashes and owners not cleaning up behind their dogs. The main reason Ritter Farm Park is an exception from the rule and is required that all dogs be on a leash 100% of the time is due to the classification of Ritter being a natural environmental area, especially in the springtime when animals and birds are nesting and vulnerable to loose dogs. Staff has once again put up extra signage at the site, but to no avail. Goodwin suggested we increase enforcement. Memorandum BACKGROUND INFORMATION: The following exhibits are attached for your review: Exhibit A — Location & Zoning Map Exhibit B — Previously approved Donnelly Farm Final Plat Exhibit C — Preliminary Plat Exhibit D — Final Plat Exhibit E — Certificate of Survey and Existing Conditions Exhibit F — Ghost Plat Exhibit G — Grading Plan Exhibit H — Utility Plan Exhibit I — Landscape Plan Exhibit J — Easement Vacations Exhibit K — Letter of Support from the Donnelly Farm Homeowners Association 1 ,tem No. City of Lakeville Planning Department To: Planning Commission From: Allyn Kuennen, AICP i Associate Planner Date: April 15, 2011 Subject: Packet Material for the April 21, 2011 Planning Commission Meeting. Agenda Item: Donnelly Farm Preliminary and Final Plat, Easement Vacation and Planned Unit Development Amendment. Application Deadline: June 24, 2011 Wyatt Pudel Pointer I, LLC has submitted preliminary plat, final plat, easement vacation and PUD Amendment applications for the replatting of 73 vacant townhome lots and portions of three common area lots into 41 RS -4, Single Family Residential lots on 9.97 acres to be known as Donnelly Farm 3rd Addition. The Donnelly Farm 3rd Addition replat is located within the townhome area of the Donnelly Farm development south of 194 Street and east of Dodd Boulevard (CSAH 9). All existing drainage and utility easements from the undeveloped townhome lots are proposed to be vacated and new easements will be established that reflect the proposed replatted single family lot design. The Donnelly Farm 3rd Addition plans have been distributed to the Engineering Department and to the Parks, Recreational and Natural Resources Committee for their review and comment. Project Analysis: Existing Conditions. The Donnelly Farm planned unit development was approved by City Council on November 1, 2004. The PUD included 125 single family Tots and 135 townhome lots for a total of 260 residential lots. All of the public improvements and infrastructure for the project have been installed. Currently there are 62 single family homes and 19 townhome units in four building constructed throughout the development leaving 63 single family lots and 95 townhome lots undeveloped. Wyatt Pudel Pointer I, LLC assumed the overall development rights and responsibilities of the Donnelly Farm development from Tollefson Development in 2009 and acquired all of the remaining undeveloped single family lots and 73 of the undeveloped townhome lots. The remaining 22 undeveloped townhome lots are owned by RBC, Royal Bank of Canada. Comprehensive Plan. The 2008 Comprehensive Land Use Plan guides this area to be developed as a mix of medium - density and low- density residential development. The proposed RS -4, Single Family Residential lots and density are consistent with District 5 recommendations of the Comprehensive Land Use Plan. Zoning. The site is zoned PUD, Planned Unit Development with underlying RM -1, Medium Density Residential development standards which allows for the proposed RS- 4, Single Family Residential Tots as a permitted use. PUD Amendment. In addition to replatting the townhome lots into single family Tots a PUD amendment is also required to provide developments standards for the new RS -4 single family homes. The developer is proposing to continue the architectural design standards that were adopted by the Planning Commission and City Council in April 2010 when a PUD amendment was processed for the single family area of the Donnelly Farm development. These architectural design standards include: 1. Monotony Code — no residence shall be constructed with the same color scheme as a residence located next door, across the street or diagonally from the residence to be constructed and no residence shall be constructed with the same building elevation as the residence across the street or next door. 2. The house plans will include a combination of the following architectural features. a. Porches b. Railings c. Shutters d. Columns e. Brick or stone knee walls f. Gabled, hip and dormered roofs g. Variety of siding types, widths and colors h. Shakes i. Brackets j. Architectural garage doors with windows k. Vinyl soffit and fascia I. Window cornices m. Multi - Colored elevations Direction Land Use Plan Zoning Map Existing Use North Medium and Low Density Residential RM -1, Medium Density Residential and RS -3, Single Family Residential Undeveloped South Commercial C -3, General Commercial District Heritage Commons Retail Center West Public and Quasi - Public P /OS, Public and Open Space Lakeville North High School East Medium Density Residential RM -1, Medium Density Residential All Saints Catholic Church 3. If a front loaded garage is proposed, the front eave of the garage will not extend more than 8 feet in front of the eave of the front stoop or porch. Architectural garage doors with windows will be required for all front loaded garages. These standards will help provide a variety of housing styles and products that are currently in demand in the Lakeville market with a mixture of architectural elements and materials that meet the intent of the PUD standards. Surrounding Land Uses. The table below identifies planned and existing uses adjacent to the proposed development: Ghost Plat. A ghost plat has been submitted for the undeveloped areas owned by RBC, Royal Bank of Canada that are not being replatted at this time. The ghost plat indicates these areas could be replatted into RS -4, Residential Single Family lots and meet the minimum lot design standards. A preliminary and final plat and a PUD amendment would be required for these areas to be replatted in the future including an evaluation of guest parking requirements for the existing four unit townhome building located adjacent to Block 3 of the ghost plat. Premature Subdivision Criteria. A preliminary 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. Five criteria pertain to a lack of adequate: drainage, water, streets, sanitary sewer, and public service capacity (schools, police, fire protection). The other pertinent criteria pertain to inconsistencies with the City Comprehensive Land Use and Capital Improvement Plans. Staff review of the Donnelly Farm 3rd Addition preliminary plat against these criteria finds that it is not a premature subdivision. Density. Since no additional right -of -way is being dedicated and all storm water areas have been provided the net and gross areas of the preliminary plat are the same at 9.97 acres. The gross and net density of the plat is therefore 4.11 units per acre. Phasing. Donnelly Farm 3 Addition will be developed in one phase as shown on the final plat. Blocks. Section 10 -4 -1 of the Subdivision Ordinance requires blocks to be at least 400 feet in length, but no longer than 1,325 feet. All blocks within the preliminary and final plat meet the requirements of the Subdivision Ordinance. 3 Yard Front House Front Garage Side Interior Side Corner 20' (50' abutting Dodd Blvd.) Rear 30' Rear Adjacent to Open Space Areas (decks only) 20' (Lots 4 -7, Block 4 and Lots 1 -10, Block 2) Setback 20' 25' 7' Lot Area. Single family lots within the RS -4 District are required to provide a minimum area of 8,400 square feet for interior Tots and 10,200 square feet for corner lots. The area of the 41 lots to be preliminary and final platted meet the minimum lot size requirements. Lot Width /Depth. The minimum lot width for single - family lots within the RS -4 District is 70 feet for interior lots and 85 feet for corner lots. All interior and corner lots within the preliminary and final plat meet the minimum lot width requirement. In addition, a minimum lot width of 100 feet is required for corner lots abutting Dodd Boulevard (CSAH 9). Lot 1, Block 1, which has frontage on Dodd Boulevard (CSAH 9), meets the minimum buffer yard lot width requirement. Outlots. No new outlots are proposed on the preliminary or final plat. Setbacks. Setback requirements for single family lots in the RS -4 District are outlined below: The building pads shown on the preliminary plat meet the minimum setback requirements listed above. In addition Lots 4 -7, Block 4 and Lots 1 -10, Block 2 adjacent to the open space areas are allowed to have a reduced rear yard setback of 20 feet for decks only according to Chapter 11- 17 -11.B of the Zoning Ordinance. Townhome Guest Parking Areas. The replat to a single family lot configuration will require the removal of four existing unused parking lots previously constructed with the original Donnelly Farm development to meet the RM -1, Medium Density Residential District guest parking requirements. The developer is retaining the guest parking areas and the number of stalls that are required for the existing townhomes and the undeveloped townhomes owned by RBC, Royal Bank of Canada. Landscape Plan. Buffer yard screening around the perimeter of the site and adjacent to Dodd Boulevard was installed with the original Donnelly Farm plat and meets all the minimum landscaping and screening requirements. The developer is also proposing to install landscaping and screening on all single family lots adjacent to existing townhome buildings. The single family lots adjacent to the townhomes within Block 3 will include a six foot tall maintenance free privacy fence along the south side of Lot 1, Block 3 adjacent to the townhome guest parking lot and a double row of deciduous and evergreen trees with a mix of shrubs along the east and south sides of the townhome building. 4 The single family lot adjacent to the townhomes within Block 2 will include a six foot tall maintenance free privacy fence along the south side of Lot 1, Block 2 adjacent to the existing townhome building. The single family lot adjacent to the townhomes within Block 4 will include a double row of deciduous and evergreen trees with a mix of shrubs along the north property line of Lot 1, Block 4. Access, Streets & Right -of -Way. Access to the plat will continue from the existing local street network constructed as part of the original Donnelly Farm development including 198 Street, Hazel Nut Avenue, Iberis Avenue, Idealic Avenue and Itea Avenue. Likewise, no improvements are required to Dodd Boulevard, a Minor Arterial Roadway. Since the development is adjacent to Dakota County right -of -way, the preliminary and final plat was submitted to the Dakota County Plat Commission for review. The Plat Commission approved the plat as submitted at their April 11, 2011 meeting. Homeowners Association Meetings. The developer held several meetings with representatives of the homeowners associations within the Donnelly Farm development as well as representatives from RBC, Royal Bank of Canada that has retaining ownership of 22 of the townhome units. The developer has worked with each of these groups, at his expense, to correct several underlying easement, deed and ownership issues that remained from the development going into foreclosure. The attached letter from the homeowners association indicates their support for the proposed replatting of the townhome units into single family lots. Sidewalks. Five foot wide sidewalks were installed along all streets within the original Donnelly Farm development and no additional sidewalk construction is required. The certificate of survey indicates a portion of the existing public sidewalk located on the west side of Idealic Avenue and south of the 198 Street is located outside of the public right -of -way. The developer is establishing a 5 -foot wide permanent public trail easement along the east side of Lot 3, Block 1, as depicted on the Donnelly Farm 3rd Addition preliminary plat, to allow for accessibility and maintenance of this sidewalk segment. Trails. All trails were constructed with the original Donnelly Farm development and no additional trail construction is required. Park Dedication. The park dedication requirement for Donnelly Farm 3rd Addition was satisfied through a combination of land dedication and a cash contribution paid with the original Donnelly Farm plat in 2004. Grading, Drainage and Erosion Control. The preliminary and final plat includes grading, drainage, erosion control and utility plans. The Engineering Department reviewed the grading, drainage and erosion control plans and their comments are included in their April 15, 2011 report. The Engineering Department recommends approval of the preliminary and final plat. Wetlands. There are no existing wetlands within the Donnelly Farm 3 Addition site. 5 Yard Front House Front Garage Side Interior Side Corner Rear Rear Adjacent to Open Space Areas (decks only) Setback 20' 25' 7' 20' (50' abutting Dodd Blvd.) 30' 20' (Lots 4 -7, Block 4 and Lots 1 -10, Block 2) Tree Preservation. There are no significant trees within the proposed plat. Easements. An easement vacation application has been submitted to eliminate the existing easements within the preliminary and final plat area that were established for the townhome design. The Donnelly Farm 3rd Addition preliminary and final plat reestablishes all required perimeter easements for all single - family lots as required by Section 10 -4 -4.A of the Subdivision Ordinance. Utilities. The replat from a townhome lot design to a single family lot design will require several sanitary sewer and water line abandonments that are discussed in detail in the attached April 15, 2011 Engineering Report. Shoreland Overlay Area. A total of 5.69 acres of the Donnelly Farm 3rd Addition plat is within the Shoreland Overlay District. The total impervious area proposed within the Shoreland Overlay District is 1.19 acres which is equal to 21% impervious area which is below the 25% impervious area limit for residential developments within the Shoreland Overlay District. RECOMMENDATION: The preliminary and final plat plans. PUD Amendment and the easement vacation request comply with the provisions of the Zoning Ordinance, Subdivision Ordinance and Comprehensive Plan. Staff recommends approval of the Donnelly Farm 3rd Addition preliminary and final plat, PUD Amendment and easement vacation subject to the following stipulations: 1. The recommendations outlined in the April 15, 2011 Engineering Report. 2. The recommendations of the Parks Recreation and Natural Resources Committee. 3. The landscape screening must be installed as shown on the approved plans and a security in the amount of $26,200 must be submitted to guarantee the installation of the landscaping. 4. The developer /builder will provide the City an updated project matrix with each building permit illustrating the house plan, elevation, and colors built in the project to date subject to the PUD architectural design standards to illustrate how the monotony code is being enforced. 5. All house plans for the single family lots must be approved by the Planning Department as previously required for all building permits within the Donnelly Farm PUD. 6. The developer is establishing a 5 -foot wide permanent public trail easement along the east side of Lot 3, Block 1, as depicted on the Donnelly Farm 3 Addition preliminary plat, to allow for accessibility and maintenance of this sidewalk segment. 7. All single - family homes must comply with the following RS -4, Single Family Residential district setbacks: 6 11i211111111 111111111 �I?:;�1► \ \rl "' i = J1i�� %i��r�,�11�'I� FA /-mom -I- -:p- RM -1, Medium Density Residential RM -1, Medium Density Residential RS -3,: Single Family Residential RS -3, Single Family Residential City of Lakeville Location & Zoning Map Donnelly Farm 3rd Addition Preliminary Plat, Final Plat, Easement Vacation and PUD Amendment EXHIBIT A O g 0 z O • ( � A a Tat TO Tait A D O 1 Sol DONNELLY FARM ADDITION LAKEVILLE, MN FOR: 1 O1 I 1 I. SW.; OVERALL LAYOUT PLAN o o w - o Z A F O a o v Z r z m w < m m r O m Z y x x m A a r m G) m z v Pz §Ri sit 201 W. Travelers Trail, Suite 200 Burnsville, MN 65837 (962)894 -3046 (F4X)894 -3049 Offices in Elk River, Burnsville and Brooklyn Center, Minnesota John Oliver & Associates, pull fnewn *W. Lend &u wying. Lend Waning Inc. I hereby certify that this plan prepared by me or under supervision and that I Licensed Professions under the laws of the S1t♦ innesota. SignP ' Daa 4/29/04 Reg. No 14960 John C. 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ELEV.= 982:00 -- -. \ o P 12 HWL ELEV:= 984.75 i i i O 21 k > I ii i r I 4 , Ii I 1 j j ( \� i 1 i STORM WATER BASIN #4` , � ' 1 I i ■ BTM. ELEV.= 976.00 \ K ( g2\ I OUTLET ELEV.= 984.00 1 1 10 -YR ELEV.= 984.25 `0. -.11 I HWL ELEV.= 984.75 � - \� N I C.&A..N N0. 9 (DODD —R7 \ _ H OVERLiAY / --4, ▪ r i ` I I ) c,, 1 `A1V ._ 4I51I2 DN07 CENTER L BOUL.EVARI) pia? 0 ' N \:" N 44 x 1 ®® d 1 1 \ ,\ Rog N N L_- - — - -00 1 m 0 m z m A z z 0 - - - O I I ___J _ .4sucC_ I 1____ I � i ;, I vaacr _ ,r1 1_ 1 Tdssi -- 1 L -- - f to r L 0 DONNELLY FARMS 3ED ADDITION Replat Town Homes GHOST PLAT REMAINING TOWN HOME LOTS WYATT PUDEL POINTER I, LLC C! S CONSULTANTS, LLC C'vOL ENGINEER NG am West Travelers Trail, Suite 200 Burnsville, MN 55337 7 www.cesminn.com m c o n Z o x m m o x O CD X A 0E1E1E1 ■e ie 1 hereby certify that this pion was prepared by me or under my direct supervision and that 1 am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Signed' C ohn C. Bertelsen Date: 02/25/11 Reg No 14960 DATE: 02/25/11 DESIGN BY: JCB DRAWN BY: JCB JAM CHECKED BY: JCB DWG FILE: X TEXT FILE: X FILE NO.: 108 REV NO. DATE 03/23/11 04/04/11 City Comment Revisions City Comment Revisions DESCRIPTION z 0 2 0 2 6 Ti7w (411111111.1 111 •••■■40.71.7%; " • ..1.S■ DONNELLY FARM 3RD ADDITION Replat Town Homes PRELIMINARY GRADING PLAN WYATT PUDEL POINTER I, LLC CIES CONSULTANTS, LLC C L ENG!' IEERIING 201West Travelers Trail, Suite 200 Burnsville, MN 55337 74-274-4405 www.cesminn.com : I hereby certify thot this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Signed* OHN C. BERTELSEN Dote: Reg No 14960 DATE: 02/25/11 DESIGN BY: JCB DRAWN 8Y: JAM CHECKED BY: JCB DWG FILE: X TEXT FILE: X FILE NO.: PN 108 REV NO. DATE DESCRIPTION ELMITAII Lffirlig a imr1P71■1111011111 MI= 1.= r P 6 0 Z v - 4 I 1 x� :1' w N �> X.p ° 0 ,100 mo a. o v v 1n N z 1n v �^ g r m ° Ai ;4 E e egg �°° 0 Z o NZ p � T z m mmp r'� Z 9 PO p $ M 3* r � r1 •� < y j z 0 17 C' 2 O y y 8. o -o rn q A Iii Q ° g r v 0 g g i ao o c1 to r to g g d0 -1 S g mg o 1n to wv 0 ,pp g A 4 g A 0Zg5 5 oPE 0 ° 8 g 3140H NMOi — )10Y8 13S 1NOS3 .IIIWYd 31ONIS — )10Y8 13S 1NOd4 5 N 44 11''at* D0D0 BOYLEVARD ro w T r. ry / T' r # F I/r < — 1 11 — 0 DONNELLY FARM 3RD ADDITION Replat Town Homes PRELIMINARY GRADING PLAN WYATT PUDEL POINTER I, LLC C S CONSULTANTS, LLC CURL ENGONEERONO zoz West Travelers Trail, Suite zoo Burnsville, MN 55337 7 www.cesminn.com I hereby certify that this plan was prepored by me or under my direct supervision and that I am o duly Licensed Professional Engineer under the lows of the State of Minnesota. Signed' OHN C. BERTELSEN Dote: - Reg No 14960 DATE: 02/25/11 DESIGN BY: JCB DRAWN BY: JAM CHECKED BY: JAM DWG FILE: X TEXT FILE: X FILE NO.: PN 108 REV NO. City Comment Revisions City Comment Revisions DATE 04/4/11 04/04/11 DESCRIPTION 61 / ,. ,,i 6 L / / N �\�'/ ' / C oz 7 I`' - - �. L PRELIMINARY UT1UTIES 9Z ' zz 1Z L I I L _ J 1 Z I oZ 61 L 1 g1, I 1 I 91 1 l i i i n1 DONNELLY FARM 3RD ADDITION Repiot Town Homes WYATT PUDEL POINTER I, LLC at 74$ alg • CIES CONSULTANTS, LLC CIVIL ENGINEERING um West Travelers Trail, Suite son Burnsville, MN 55337 7 www.cesminn.com 6 40$ I hereby certify that this plan was prepared by me or under my direct supervision and that I am o duly Licensed Professional Engineer under the lows of the State of Minnesota. Signed' OHN C. BERTELSEN Date: ' Reg No 14960 DATE: 02/25/11 DESIGN BY: DRAWN BY: CHECKED BY: DWG FILE: TEXT FILE: FILE NO.: 1o71no JCB JAM JAM X X PN 108 REV NO. DATE I S7d9! u � • &i196'eLe „ - b. 44 e 1o71no DESCRIPTION 2ipul g = v m �01 A � � Nyy 53fs 4)$, 8 2 2 22 VIpt >gp N d el f•l Z ,.1 . X1 0 ��1,�, in o s qg 0 W W J N W Na)W og m m Alp i$ 0 i m yafr mc�2� V � 9 b1 .;=,898 1i C, S y x R m 0 ''44P,112 Efwg 2E Oz 0 m O \ DONNELLY FARM 3RD ADDITION Repiot Town Homes PRELIMINARY UTILITIES WYATT PUDEL POINTER I, LLC C S CONSULTANTS, LW CIVIL ENO i'i EERONGI 201 West Travelers Trail, Suite 200 Burnsville, MN 55337 7 www.cesminn.com I hereby certify that this pion was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the lows of the Stote of Minnesota. Signed' OHN C. BERTELSEN Dote: Reg No 14960 DATE: DESIGN BY: DRAWN BY: CHECKED 8Y: DWG FILE: TEXT FILE: FILE NO.: 02/25/11 JCB JAM JAM x x 108 REV NO. DATE 03/28/]1 City Comment Revisions 04/04/11 _City Comment Revisions DESCRIPTION RT BH Ro HA %anti Dogwood Common bleu Mohican Viburnum Shrubs_ Green Spruce Scotch Pax Evergreen Trees Black Hills Spruce Red Oak Skyline HoneyLocunt River Birch Trees Haekbcrry Comas s dcen ',sand' Syragla vulgans Viburnum lantana 'Mohican' Picea pungens Pinus sylvestns Picea glauca densala tugm annmano Gladtsla tdacanthos Kw/names 'Skycole' Mule nem Cells occidentalls 36" ht 36" ht 36" ht 6' BB 613B 8 25 "BB 2 " BB 10' BB 25 "BB 32 11 19 w u a w V. w P Pleat 6' 0C Plant 6' 6) C Plant 7 O C sumer Dingle leader straight smgle leader male -stem sraig10 single leader 8 CO Cr `e a R- a 2. fA m ii L T L r L 2 1 7 / ai> Qi> m m A V,1 ArlaNNOCE 4N1 Scale: 1" =20' LANDSCAPE ° 80 PLAN ullueld eau M ain U0 ROOS 42 41 40 39 38 37 36 35 `40 8 14 1: 198th St W U a) OUTLOT F I tea Ave 21 22 23 24 25 26 27 28 29 30 7 1 2 3 4 2 2 3 4 5 2 3 4 5 Donnelly Farm 3rd Addition Easement Vacations Exhibit OUTLOT B `� m N open space Legend Donnelly Farm Easement Vacations Built Town Homes 8 7 OT G 26 27 28 29 30 31 32 33 34 15 18 19 1 EXHIBIT J 0 January /D , 2011 City of Lakeville Planning Commission Lakeville City Hall 20195 Holyoke Avenue Lakeville, MN 55044 -9177 Re: Donnelly Farm Addition and Donnelly Farm 2" Addition Dear Planning Commission: DONNELLY FARMS HOMEOWNERS' ASSOCIATION I am the President of Donnelly Farms Homeowners' Association (the "HOA "). I write this letter on behalf of the HOA, following a duly called meeting of the HOA with Tollefson Development, Inc. ( "TOT') and Wyatt Pudel Pointer i, LLC ( "Wyatt") and discussion of TDI's and Wyatt's plans for redevelopment of their land in Donnelly Farm Addition and Donnelly Farm 2 Addition (collectively, "Donnelly Farms"). TDI and Wyatt have presented their development plan, and the HOA does not object to the development plan. Specifically, the HOA is aware of the intended inclusion of both detached single family townhomes and/or small single family lots in Donnelly Farms. TDI and Wyatt also reviewed with the HOA various examples of the type of homes TDI and Wyatt intend to construct, and the HOA does not object to the proposed building plans and styles. The HOA understands that TDI and Wyatt intend to ask the City of Lakeville for approval to remove certain parking lots in Donnelly Farms. Through separate a greeme n ts with TDI and Wyatt, the HOA will be retaining satisfactory parking areas for the HOA residents, and so does not object to TDI's and Wyatt's intended removal of other parking lots. Finally, the HOA and the developers also discussed the previous plan to construct a "tot lot" in Donnelly Farms, and TDI's and Wyatt's current intention to request approval from the City of Lakeville to include open green space in Donnelly Farms in lieu of a tot lot. The HOA does not object to TDI's and Wyatt's desired green space request, and the HOA does not view a tot lot in Donnelly Farms as necessary or required. 1A1R EXHIBIT K DONNELLY FARMS HOMEOWNERS' ASSOCIATION B Please contact me with any questions. Christine Humphrey, Presi 1628200v5 3 Memorandum To: Allyn Kuennen, Associate Planner r /� From: Zach Johnson, Assistant City Engineer McKenzie Cafferty, Environmental Resources Manager Copy: Dennis Feller, Finance Director Gene Abbott, Building Official Date: April 15, 2011 Subject: Donnelly Farm 3rd Addition • Preliminary Plat Review • Easement Vacation • Final Plat Review • Grading Plan Review • Utility Plan Review BACKGROUND City of Lakeville Engineering Wyatt Pudel Pointer I, LLC has submitted a preliminary and final plat named Donnelly Farm 3 Addition. The proposed residential subdivision is located north of 202 Street (CSAH -50), east of and adjacent to Dodd Boulevard (CSAH -9), south of 195 Street and west of Holyoke Avenue. Donnelly Farm 3 Addition is zoned PUD, Planned Unit Development and is subject to the requirements of the RM -1, Medium Density Residential District. The preliminary plat is a re -plat of seventy -three (73) vacant townhome lots previously established with the Donnelly Farm Addition and Donnelly Farm 2nd Addition plats. The Developer submitted a revised site layout that creates forty-one (41) single family lots designed to the requirements of the RS -4, Single Family Residential District as allowed by the Zoning Ordinance. The individual parcels that comprise the Donnelly Farm 3 Addition preliminary and final plat are summarized below: • Lots 35 -49 and part of Lot 50, Block 7, Donnelly Farm Addition • Lot 6, Block 9, Donnelly Farm Addition • Lots 7 -24 and part of Lot 25, Block 10, Donnelly Farm Addition • Lots 16 -34 and part of Lot 41, Block 11, Donnelly Farm Addition • Lots 1 -5, Block 5, Donnelly Farm 2 Addition DONNELLY FARM 3 RD ADDITION APRIL 15, 2011 PAGE 2 OF 9 • Lots 1 -4, Block 6, Donnelly Farm 2nd Addition • Lots 1 -6, Block 7, Donnelly Farm 2nd Addition • Lots 1 -6, Block 9, Donnelly Farm 2 Addition The preliminary and final plats consist of forty-one (41) single - family lots on 9.97 acres. SITE CONDITIONS The Donnelly Farm 3 Addition site consists of developed land that was previously mass graded with Donnelly Farm Addition improvements. The North Branch of South Creeks is located alongside the west and southwest plat boundaries. EASEMENT VACATION The certificate of survey identifies existing public drainage and utility easements (listed below) that were previously established within the parent parcels (as depicted on the Donnelly Farm Addition plat). The easements will be vacated and re- platted along lot lines and across public utilities as depicted on the Donnelly Farm 3rd Addition plat. • Part of Lot 50, Block 7, Donnelly Farm Addition • Lot 6, Block 9, Donnelly Farm Addition • Part of Lot 25, Block 10, Donnelly Farm Addition • Part of Lot 41, Block 11, Donnelly Farm Addition STREET AND SITE LAYOUT Dodd Boulevard (CSAH -9) Donnelly Farm 3 Addition is east of and adjacent to Dodd Boulevard, a minor arterial roadway as identified in the City's Transportation Plan. Dakota County controls the right -of -way requirement and access locations for Dodd Boulevard. The Developer previously dedicated right -of -way, as shown on the Donnelly Farm Addition plat, to satisfy the right -of -way requirement for Dodd Boulevard. The Dakota County Plat Commission approved the Donnelly Farm 3 Addition preliminary and final plat at its April 11, 2011 meeting and will recommend approval to the Dakota County Board of Commissioners. Dodd Boulevard is constructed as a four -lane divided urban roadway with left and right turn lanes at the intersections and bituminous trails along both sides, adjacent to the Donnelly Farm subdivision. Dakota County's current Transportation Capital Improvement Program does not identify future improvements to Dodd Boulevard. DONNELLY FARM 3 RD ADDITION APRIL 15, 2011 PAGE 3 OF 9 Local Streets Development of Donnelly Farm 3 Addition will not require new public street construction /extension. Donnelly Farm 3 Addition is adjacent to several local streets (listed below) that were constructed with Donnelly Farm Addition improvements. The local streets are constructed as two -lane undivided urban streets with 5 -foot wide concrete sidewalks along one side. Right -of -way consistent with the requirements for local streets was dedicated with the Donnelly Farm Addition plat. No additional right - of -way is required with the Donnelly Farm 3 Addition plat. • 198 Street • Hazel Nut Avenue • Iberis Avenue The certificate of survey indicates a portion of the existing public sidewalk located south of the 198 Street and Idealic Avenue intersection is located outside public right -of -way. The Developer is establishing a 5 -foot wide permanent public trail easement along the east side of Lot 3, Block 1, as depicted on the Donnelly Farm 3rd Addition preliminary plat, to allow for accessibility and maintenance. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction is restricted to Itea Avenue via Dodd Boulevard (CSAH -9). PARKS AND TRAILS • Idealic Avenue • Itea Avenue Development of Donnelly Farm 3 Addition will not require additional public trail construction /extension. The City's Parks, Trails and Open Space Plan does not designate any area within the proposed plat as future park land. The Park Dedication requirement for Donnelly Farm 3 Addition was satisfied through a combination of land dedication and a cash contribution paid with the Donnelly Farm Addition plat in 2004. UTILITIES SANITARY SEWER Donnelly Farm 3 Addition is located within sub - districts ML -70100 and ML -70120 of the Marion 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 Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. The existing City -owned downstream facilities have sufficient capacity to serve the proposed residential development. DONNELLY FARM 3 RD ADDITION APRIL 15, 2011 PAGE 4 OF 9 Development of Donnelly Farm 3 Addition will not require new public sanitary sewer construction /extension. Thirty -eight (38) of the lots will utilize existing sanitary sewer services previously installed with Donnelly Farm Addition improvements. Three (3) of the Tots will require new sanitary sewer services. Thirty -one (31) of the existing sanitary sewer services will be permanently abandoned in place. The existing sanitary sewer services that will be utilized or permanently abandoned were televised by the Developer for evidence of inflow and infiltration. The City's review of the televising identified one (1) existing sanitary sewer service that required corrective work. The remaining existing sanitary sewer services showed no indication of inflow and infiltration and will be utilized or permanently abandoned in place. The location of all abandoned sanitary sewer services must be shown on certificates ofsurvey submitted during the building permit process. In addition to the sanitary sewer service work mentioned above, the new single family lot configuration necessitates the need to remove a small section of public sanitary sewer. All sanitary sewer work, including street and sidewalk restoration, must be inspected by City staff and completed in conformance with the City's Standard Specifications. The Sanitary Sewer Trunk Area Charge and Lateral Sanitary Sewer Access Charge for the parent parcels were paid with the Donnelly Farm Addition plat in 2004. WATERMAIN Development of Donnelly Farm 3 Addition will not require new public watermain construction /extension. Thirty-eight (38) of the lots will utilize existing water services previously installed with Donnelly Farm Addition improvements. Three (3) of the lots will require new water services. Thirty-one (31) of the existing water services will be permanently abandoned in place. The existing water services proposed to be permanently abandoned must be shut- off at the curb box valve, and the curb box & stop and stationary rod must be removed. The remaining copper water service pipe may be abandoned in place. A fee of $1000 /abandoned service is required with the final plat for future maintenance and repairs relating to abandoned water services. All water service abandonment work must be inspected by the City's Utility Department and completed prior to issuance of certificate of occupancy. GPS coordinates must be provided per Standard Plate LV- ST -12. The location of all abandoned water services must be shown on certificates of survey submitted during the building permit process. DONNELLY FARM 3 RD ADDITION APRIL 15, 2011 PAGE 5 OF 9 In addition to the water service work mentioned above, the new single family lot configuration necessitates the need to remove a small section of public watermain and install a new irrigation service. The irrigation service will be located within the common area of Lot 50, Block 7, Donnelly Farm Addition (outside the proposed Donnelly Farm 3 Addition plat) and be privately -owned and maintained by the existing townhome management association. The Developer has obtained written authorization from the existing townhome management association for the work within private property in the form of a temporary easement as referenced in the title commitment and depicted on the certificate of survey. All watermain work, including street and sidewalk restoration, must be inspected by City staff and completed in conformance with the City's Standard Specifications. The Lateral Watermain Access Charge for the parent parcels was paid with the Donnelly Farm Addition plat in 2004. Final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings shall not be permitted until the as -built electronic files have been submitted and approved by City staff. The City reserves the right to increase the street sections at the time of construction based upon site conditions. Building permits shall not be issued for lots without existing sanitary sewer and water services until the new services have been constructed, inspected and approved. DRAINAGE AND GRADING Donnelly Farm 3 Addition is located within sub - districts SC -53 and SC -54 of the South Creek drainage district as identified in the City's Water Resources Management Plan. The site was previously mass graded, including the construction of stormwater and infiltration basins, with Donnelly Farm Addition improvements. Development of Donnelly Farm 3 Addition will not require public stormwater or infiltration basin construction as the contributing drainage area generated within the site was incorporated into the design of the Donnelly Farm Addition stormwater management system. Stormwater runoff generated from within the site will be conveyed via public storm sewer to existing public stormwater and infiltration basins located adjacent to the site (Outlots B, C and E, Donnelly Farm Addition) before eventually discharging into the North Branch of South Creek. The new single family lot configuration necessitates the need to remove four (4) existing parking lots previously constructed with Donnelly Farm Addition improvements to meet the RM -1, Medium Density Residential District guest parking requirements. The Developer has obtained written authorization from the existing townhome management association for any removal work or associated grading DONNELLY FARM 3 RD ADDITION APRIL 15, 2011 PAGE 6 OF 9 within private property in the form of a temporary easement as referenced in the title commitment and depicted on the certificate of survey. Building permits shall not be issued for lots with existing parking lots until the parking lots have been removed. The final grading plan must identify all fill lots in which the building footings will be placed on fill material. The grading specifications must indicate that all embankments meet FHA /HUD 79G specifications. The Developer shall certify to the City that all lots with building footings placed on fill material are appropriately constructed. Building permits 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. RESIDENTIAL BUFFER YARD REOUIREMENTS An existing buffer yard berm and landscaping screen, as depicted on the grading plan, was constructed adjacent to Dodd Boulevard (CSAH -9) with Donnelly Farm Addition improvements. STORM SEWER Development of Donnelly Farm 3 Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the lots to existing public stormwater basins located adjacent to the site (Outlots B and E, Donnelly Farm Addition). The storm sewer will replace existing public storm sewer that will be removed to accommodate the new single family lot configuration. All storm sewer work, including street and sidewalk restoration, must be inspected by City staff and completed in conformance with the City's Standard Specifications. Draintile construction is required in areas of non - granular soils within Donnelly Farm 3 Addition for the street sub -cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the Developer's responsibility to install and finance. The Trunk Storm Sewer Area Charge for the parent parcels was paid with the Donnelly Farm Addition plat in 2004. DONNELLY FARM 3 RD ADDITION APRIL 15, 2011 PAGE 7 OF 9 WETLANDS There are no existing wetlands within the Donnelly Farm 3rd Addition site. TREE PRESERVATION There are no existing significant trees within the Donnelly Farm 3rd Addition site. EROSION CONTROL An erosion control plan has been submitted and includes the following: • A single rock construction entrance. • A seed and mulch specification that meets City requirements. • Inlet protection on all storm sewer structures. • Silt fence to protect offsite areas from sediment transport. • All 3:1 slopes must be seeded and stabilized with fiber blanket or sod. • The site will be re- vegetated within 48 hours of rough and final grading. • All streets must be maintained and cleared of debris at the end of each day during construction to provide safe driving conditions. Street sweeping shall be done weekly or more often (i.e. during the hauling process) as needed. A concrete washout area must be identified in the field and constructed per the City's Standard Specifications. Erosion control blankets must be installed on all stormwater /infiltration basin slopes that are disturbed during construction. Silt fence or sod (36" minimum width) must be installed behind the curb following the installation of the private utilities. The Developer must install and maintain any additional erosion control measures deemed necessary during construction by City or Dakota County Soil and Water District staff. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer - installed improvements relating to Donnelly Farm 3 Addition. Construction costs are based upon estimates submitted by the Developer's engineer on April 13, 2011. CONSTRUCTION COSTS Sanitary Sewer $ 11,351.00 Watermain 28,165.00 Storm Sewer 87,554.00 Street 58,141.00 Site Grading, Erosion Control, Restoration and Grading 10,640.55 Certification SUBTOTAL - CONSTRUCTION COSTS $ 195,851.55 DONNELLY FARM 3 RD ADDITION APRIL 15, 2011 PAGE 8 OF 9 OTHER COSTS Developer's Design (6.0 %) $ 11,751.09 Developer's Construction Survey (2.5 %) 4,896.29 City's Legal Expense (0.5 %) 979.26 City Construction Observation (7.0 %) 13,709.61 Developer's Record Drawing (0.5 %) 979.26 Landscaping 26,200.00 Lot Corners 4,100.00 SUBTOTAL - OTHER COSTS $ 62,615.51 TOTAL PROJECT SECURITIES $ 258,467.06 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 $4,100.00. 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 A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid with the final plat and is calculated as follows: 41 lots and outlots x $75.00 /unit = $3,075.00 Lots and Outlots City Base Map Updating Fee Total There are no additional cash requirements with the Donnelly Farm 3rd Addition plat. The Park Dedication requirement and the cash fees for Sanitary Sewer Trunk Area Charge, Lateral Sanitary Sewer Access Charge, Lateral Watermain Access Charge, Trunk Storm Sewer Area Charge, traffic control signs, and one -year of streetlight operating and surface water management expenses were paid with the Donnelly Farm Addition plat in 2004. 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 also 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 will be based on three percent (3.00 %) of the estimated construction cost, or $5,875.55. DONNELLY FARM 3 RD ADDITION APRIL 15, 2011 PAGE 9 OF 9 CASH REQUIREMENTS Abandoned Water Services City Base Map Updating Fee City Engineering Administration (3.00 %) TOTAL CASH REQUIREMENT RECOMMENDATION $ 31,000.00 3,075.00 5,875.55 $ 39,950.55 Engineering recommends approval of the preliminary plat, easement vacation, final plat, grading plan and utility plan for Donnelly Farm 3 Addition, subject to the comments within this report.