HomeMy WebLinkAboutItem 08Ilyn Kuennen, AICP
Associate Planner
April 29, 2011 Item No.
MAY 2, 2011 CITY COUNCIL MEETING
STONE BOROUGH FOURTH ADDITION
Proposed Action
Staff recommends adoption of the following motion: Move to approve: a) a resolution approving the
preliminary and final plat of Stone Borough Fourth Addition; b) a resolution vacating a public drainage
and utility easements.
Adoption of this motion will allow the development of 28 single family lots within the next phase of the
Stone Borough development.
Overview
KJ Walk, Inc. has submitted preliminary plat, final plat and easement vacation application for the
replatting of 97 vacant townhome lots into 42 RS-4, Single Family Residential Tots on 11.12 acres to be
known as Stone Borough Fourth Addition. The Stone Borough Fourth Addition replat is centrally located
within the Stone Borough development on the east side of Dodd Boulevard (CSAH 9) and north of 215
Street (CSAH 70). All existing drainage and utility easements within the area to replatted are proposed to
be vacated with new easements established that reflect the proposed single family lot design.
At their April 21, 2011 meeting, the Planning Commission held a public hearing to consider the
preliminary and final plat and easement vacation. No residents addressed the Planning Commission
during the public hearing. After discussing minor revisions to the plans, which included revising Outlot A
into two single family lots, the Planning Commission unanimously recommended approval of the
preliminary plat of 44 single family lots, the final plat of 28 single family lots and the 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
• Have the revisions discussed at the Planning Commission meeting and as listed in the April 15, 2011
staff report been completed?
• Does the proposed single family development meet the requirements of the Zoning Ordinance?
• 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.
• The signed development contract and cash payment as 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.
• ' pril 1 , 2011 Plan in• Report and Engineering Reports.
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
• Have the revisions discussed at the Planning Commission meeting and as listed in the April
15, 2011 staff report been completed?
The developer has submitted revised plans to show Outlot A being platted into two RS -4 single family lots
and addressing staffs review comments concerning landscaping and impervious surface coverage as
listed in the April 15, 2011 staff report. The development contract has also been revised to reflect the
addition of the two single family lots.
• 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.
• Will the proposed single family development impact the existing townhome home owners
association?
Representatives of the homeowners association have indicated their support for the proposed replatting
of the townhome units into single family lots. The development of the new RS -4 single family lots 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
STONE BOROUGH FOURTH ADDITION
WHEREAS, the owner of the plat described as Stone Borough Fourth Addition has
requested preliminary and final plat approval; and
WHEREAS, the preliminary and final plat was reviewed by the Planning Commission
and the Parks, Recreation and Natural Resources Committee; and
WHEREAS, the preliminary and final plat is acceptable to the City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The preliminary and final plat of Stone Borough Fourth 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.
3. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
APPROVED AND ADOPTED this 2 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 Stone Borough Fourth
Addition final plat.
2. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
DATED this 2 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)
(reserved for recording information)
GRANT OF TEMPORARY BLANKET EASEMENT
FOR PUBLIC DRAINAGE AND UTILITY PURPOSES
KJ WALK, INC., a Florida corporation, hereinafter referred to as "Grantor", in
consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota,
the Grantee, hereinafter referred to as the "City ", its successors and assigns, a temporary
easement for public drainage and utility purposes over, under and across all of Outlot A,
STONE BOROUGH FOURTH ADDITION, according to the recorded plat thereof, Dakota County,
Minnesota, as depicted on the easement sketch attached hereto as Exhibit "A"
TO HAVE AND TO HOLD the same, unto the City, its successors and assigns,
commencing upon execution of this easement document and expiring when Outlot A is
final platted into lots and blocks, together with the right of ingress to and egress from the
property, for the purpose of constructing, reconstructing, inspecting, repairing, and
maintaining the property of the City, at the will of the City, its successors and assigns; it
being the intention of the parties hereto that the Grantor hereby grants the uses herein
specified without divesting itself of the right to use and enjoy the above described
temporary easement premises, subject only to the right of the City to use the same for the
purposes herein expressed.
It is understood by the Grantor that the City shall not be responsible for any
restoration or replacement costs or damages resulting from the construction and
maintenance of the easement premises. It is further understood that vegetation will be
removed and that excavation will occur on the easement premises.
The above named Grantor, its successors and assigns, does covenant with the
City, its successors and assigns, that it is well seized in fee title of the above described
easement premises; that it has the sole right to grant and convey the easement to the City;
157286v01
SRN:04 /21 /2011
1
LKVL:STONE BOROUGH FOURTH ADD.
(Temp. Blnkt D &U Easmt Over Outlot A)
that there are no unrecorded interests in the easement premises; and that it will indemnify
and hold the City harmless for any breach of the foregoing covenants.
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
SRN:ms
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this
day of , 2011.
STATE OF MINNESOTA )
COUNTY OF w' )
157286v01
S RN:04/21 /201 1
ss.
Luke Warren Israelson
NOTARY PUBLIC
State of Minnesota
My Commission Expires 1- 31 -2014
GRANTOR:
KJ WALK, INC.
BY: 1)
Its 6L2
The foregoing instrument was acknowledged before me this rcf day of
AP r , 2011, by ;,, )ka, 12, : —T5 z---'u the
of KJ WALK, INC., a Florida corporation, on
behalf of the corporation.
NOTARY PUBLIC
2
LKVL:STONE BOROUGH FOURTH ADD.
(Temp. Blnkt D &U Easmt Over Outlot A)
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AGREEMENT dated , 2011, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ( "City "), and KJ WALK, INC., a Florida corporation (the
"Developer ").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for STONE BOROUGH FOURTH ADDITION (referred to in this Contract as the "plat "). The land is situated in the
County of Dakota, State of Minnesota, and is legally described as:
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
STONE BOROUGH FOURTH ADDITION
Lots 1 through 15, inclusive, Block 1;
Lots 1 through 11, inclusive, Block 6;
Lots 1 through 10, inclusive, Block 7; and
Lots 1 through 7, inclusive, Block 8;
STONE BOROUGH SECOND ADDITION, according to the recorded plat thereof,
Dakota County, Minnesota
Together with:
(reserved for recording information)
Outlot A, STONE BOROUGH SECOND ADDITION, according to the recorded plat
thereof, Dakota County, Minnesota.
157261 v02 1 LKVL: STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or
private improvements, or any buildings until all the following conditions have been satisfied: 1) this
agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security
has been received by the City, and 3) the plat has been filed with the Dakota County Recorder's Office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi - phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park charges, sanitary sewer charges,
and storm sewer charges referred to in this Contract are not being imposed on outlots, if any, in the plat
that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such
charges will be calculated and imposed when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City's
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
157261v02 2 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
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:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Plans and Specifications for Public Improvements
Plan E - 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
157261v02 3 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
Developer's engineer will be able to certify that the construction work meets the approved City standards
as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's
expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City's
inspectors. The Developer's engineer shall provide for on -site project management. The Developer's
engineer is responsible for design changes and contract administration between the Developer and the
Developer's contractor. The Developer or his engineer shall schedule a pre- construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible "as
constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer's surveyor shall also
submit a written notice to the City certifying that the monuments have been installed.
9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, including but not limited to:
• 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
157261v02 4 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by 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
157261v02 5 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
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
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 lots 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.
157261v02 6 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
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.
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. Storm water runoff from the public right -of -way and Tots constructed
within Stone Borough Fourth Addition will be conveyed via extensions of existing public storm sewer
facilities and directed to storm sewer treatment facilities previously designed and constructed to
accommodate the runoff in conjunction with previous phases of the Stone Borough development. Final
storm sewer locations and sizes must be reviewed and approved by City staff with the final construction
plans.
The trunk storm sewer area charge has not been collected on the parent parcel described as
Outlot A, Stone Borough Second Addition, which is being final platted as part of Stone Borough Fourth
Addition, and must paid in cash at the time of final plat approval. The trunk storm sewer area charge is
calculated as follows:
299,961 s.f. 194,708 s.f. x $0.167/s.f. = $17,577.25
Gross Area of Outlot A Area of Outlots A & B, Area Charge Total
Stone Borough Second Stone Borough Fourth
Addition Addition (future development)
20. SANITARY SEWER. Development of Stone Borough Fourth Addition will mainly be
served by existing sanitary sewer services previously installed as part of the Stone Borough Second
157261v02 7 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
Addition improvements and some new services to be cut in to the existing sanitary sewer line. Building
permits will be withheld for lots requiring new services until the new service is installed.
The Developer is proposing to abandon 18 existing sewer services that were installed for the
previous townhome layout and are no longer needed with the revised single - family lot layout. All existing
sanitary sewer services that are to be permanently abandoned must first be televised by the Developer
for evidence of inflow and infiltration and a copy of the televising tape provided to the City. If the City's
review of the televising suggests no inflow and infiltration, the sanitary sewer service may be abandoned
in place. If the City's review of the televising suggests any inflow and infiltration, the sanitary sewer
service must be plugged at the main by inserting a plug at the wye per the manufacturer's
recommendations. In addition, any existing sanitary sewer service disturbed during water service
construction must also be plugged. GPS coordinates must be provided per Lakeville Standard Plate LV-
ST-12. All sanitary sewer service abandonment/removal work must be inspected by the City's Utility
Department. All abandoned sanitary sewer services must be identified on certificates of survey
submitted during the building permit process.
Final locations and sizes of all sanitary sewer must be reviewed and approved by City Staff with
the final construction plans.
The sanitary sewer trunk area charge for the Stone Borough Fourth Addition development has
previously been paid.
21. WATERMAIN. Development of Stone Borough Fourth Addition will mainly be served by
existing water services previously installed as part of the Stone Borough Second Addition improvements
and some new services to be cut in to the existing watermain line.
The Developer is proposing to abandon 18 existing water services that were installed for the
previous townhome layout and are no longer needed with the revised single - family lot layout. For all
existing water services that are to be permanently abandoned, a fee of $1000 per abandoned service
must be paid in cash to the City for future maintenance related to the abandoned service repairs at the
time of final plat approval, and is calculated in detail below. The service shall be turned off at the curb
157261v02 8 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
stop and the rod and curb box shall be removed. GPS coordinates must be provided per Lakeville
Standard Plate LV- ST -12. All water service abandonment/removal work must be inspected by the City's
Utility Department. All abandoned water services shall be identified on certificates of surveys submitted
during the building permit process. A certificate of occupancy will not be issued until water services have
been appropriately abandoned and inspected.
18 x $1,000.00 /service = $18,000.00
Number of Water Fee per Service Total
Services to be
Abandoned
Final locations and sizes of all watermain facilities will be reviewed by City Staff with the final
construction plans.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction must be from Dodd Boulevard (CSAH 9) at Hytrail Circle.
23. PARK DEDICATION AND TRAILS. The City's park dedication requirement for all phases
of the Stone Borough development was satisfied with the dedication of the usable, upland area within
Outlot B, Stone Borough. The park is to be constructed by the City in 2011.
The Developer must repair the public trail located in the northeast corner of the Stone Borough
Fourth Addition final plat, which was disturbed during construction of a pervious phase of the Stone
Borough development.
24. LANDSCAPING. Installation of a landscape buffer area is shown on the approved
grading pan along the rear property line of Lots 3, 4 and 5, Block 1 and along the side property line of Lot
7, block 1. The landscaping includes a staggered row of twenty -seven 8 -foot tall spruce trees. The
landscape plan is consistent with the existing landscaping previously installed with the original Stone
Borough plat at the rear of proposed Lots 1 and 2, Block 1. Before the City signs the final plat, the
Developer must post a $13,500.00 landscape security to guarantee installation of the approved
landscaping.
157261v02 9 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
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 to 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.
25. TREE PRESERVATION. Tree protection fencing shall be placed around all existing trees
along the western plat boundary of Block 1. This should provide adequate protection for the existing
trees if maintained during construction. All existing trees that are damaged or removed by site grading
will require replacement at a ratio of 2:1 as per the Lakeville Subdivision Ordinance.
26. WETLAND MITIGATION. There are no existing wetlands within Stone Borough Fourth
Addition.
27. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the April 15, 2011, Engineering
report (revised April 22, 2011).
B. Implementation of the recommendations of the Parks, Recreation, and Natural
Resources Committee.
157261v02 10 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
C. A maximum of 25% impervious area is allowed for all lots within the Shoreland
Overlay District.
D. All single family homes within Stone Borough Fourth Addition must comply with the
following RS-4, Single Family Residential District setbacks:
Front House 20'
Front Garage 25'
Side Interior 7'
Side Corner 20'
Rear 30'
E. 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 $2,900.00 security for the final placement of interior subdivision iron monuments at
property corners. The security was calculated as follows: 29 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 and utility and street construction. In addition, the certificate of survey must also include a
certification that all irons for a specific lot have either been found or set prior to the issuance of a building
permit for that lot.
F. 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 or outlot for a total charge of $2,175.00.
G. The Developer is required to submit the final plat in electronic format. The electronic
format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading,
utilities, 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.
28. 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
157261v02 11 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
bank ( "security ") for $76,115.57, plus a cash fee of $1,537.74 for City engineering administration. The
amount of the security was calculated as follows:
CONSTRUCTION COSTS:
Sanitary Sewer $ 1,750.00
Watermain 3,520.00
Storm Sewer /Draintile 28,738.00
Streets Construction 9,600.00
Site Grading /Erosion Control /Restoration & Grading Certification 7,650.00
CONSTRUCTION SUB -TOTAL $ 51,258.00
OTHER COSTS:
Developer's Design (6.0 %) $ 3,075.48
Developer's Construction Survey (2.5 %) 1,281.45
City Legal Expenses (Est. 0.5 %) 256.29
City Construction Observation (Est. 7.0 %) 3,588.06
Developer's Record Drawings (0.5 %) 256.29
Landscaping 13,500.00
Lot Corners /Iron Monuments 2,900.00
OTHER COSTS SUB -TOTAL $ 18,857.57
TOTAL PROJECT SECURITIES: $ 76,115.57
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
157261v02 12 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
improvements are accepted by the City Council. The City's standard specifications for utility and street
construction outline procedures for security reductions.
29. 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:
Trunk Storm Sewer Area Charge
Abandoned Water Service Fee
City Base Map Updating
City Engineering Administration (3 %)
TOTAL CASH REQUIREMENTS
$ 17,577.25
18, 000.00
2,175.00
1,537.74
$ 39,289.99
30. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10 %) of the security posted by the Developer until
the maintenance bonds are furnished the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City's standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
31. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it
or the City in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection
with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and inspecting development of
the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred resulting from plat
157261v02 13 LKVL: STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
approval and development. The Developer shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Contract, including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of eighteen percent (18 %) per year.
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.
32. 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.
33. 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,
157261v02 14 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the
City may, at its option, refuse to allow construction or development work in the plat until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Contract.
E. Grading, curbing, and one lift of asphalt 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 third parties. No sewer and water connections or inspections may be
conducted and no one may occupy a building for which a building permit is issued on either a temporary or
permanent basis until the streets needed for access have been paved with a bituminous surface and the
utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the
property. The Developer covenants with the City, its successors and assigns, that the Developer is well
157261v02 15 LKVL: STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
seized in fee title of the property being final platted and /or has obtained consents to this Contract, in the
form attached hereto, from all parties who have an interest in the property; that there are no unrecorded
interests in the property being final platted; and that the Developer will indemnify and hold the City
harmless for any breach of the foregoing covenants.
I. Developer shall take out and maintain or cause to be taken out and maintained until
six (6) months after the City has accepted the public improvements, public liability and property damage
insurance covering personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each
occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on
the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be
given ten (10) days advance written notice of the cancellation of the insurance.
J. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
K. The Developer may not assign this Contract without the written permission of the
City Council. The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it.
L. Retaining walls that require a building permit shall be constructed in accordance with
plans and specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City
157261v02 16 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
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.
34. 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: 6001 Egan Drive, Suite 100, Savage, Minnesota 55378. 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]
157261v02 17 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
(SEAL)
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
CITY OF LAKEVILLE
BY:
AND
Mark Bellows, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of ,
2011, by Mark Bellows and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
NOTARY PUBLIC
157261v02 18 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
STATE OF MINNESOTA
COUNTY OF -BAf -A-
( ss.
Luke Warren Israelson
NOTARY PUBLIC
State of Minnesota
My Commission Expires 1- 31 -2014
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
RNK:srn
DEVELOPER:
KJ WALK, INC.
BY:
2011, by c- 3- the cE.:U
KJ WALK, INC., a Florida corporation, on behalf of the corporation.
The foregoing instrument was acknowledged before me this . r # day of
of
157261v02 19 LKVL:STONE BOROUGH FOURTH ADDITION
SRN:r04 /21/2011 (KJ Walk, Inc.)
Yard
Front
Fr
Side
Side Corner
Rear
Rear Adjacent to
House
Garage
terior
Open Space Areas
(Decks only)
Setback
20'
25'
7'
20'
30'
20'
(50' ab ,; •
Dodd Blvd.)
(Lots 4 -7, Block 4
and Lots 1 -10,
Block 2)
11 single- family homes must comply with the following RS -4, Single Family
Resi. ; tial district setbacks:
Planning Commission Meeting
April 21, 2011
Page 4
Ayes: Maguire, Lillehei, Adler, Grenz, Drotning, Boerschel.
Nays: 0
ITEM 5. STONE BOROUGH 4TH ADDITION
Vice Chair Lillehei opened the public hearing to consider the application of KJ
Walk, Inc. for the following, located east of Dodd Boulevard (CSAH 9) and north of
215th Street (CSAH 70): A. Preliminary plat of 42 single- family residential lots to be
known as Stone Borough 4th Addition; and B. Vacation of existing public drainage
and utility easements; and to consider the final plat of 26 single- family residential
lots to be known as Stone Borough 4th Addition. The Recording Secretary attested
that the legal notice had been duly published in accordance with State Statutes and
City Code.
Warren Isrealson and Luke Isrealson from KJ Walk, Inc. were in attendance at
tonight's meeting. Warren Isrealson presented an overview of their request. Mr.
Isrealson stated that there is one change to the plat since the planning report was
written. He commented that city staff suggested that he include what is currently
shown as Outlot A as two single family lots in Stone Borough 4th Addition. So
rather than preparing a ghost plat for Outlot A as recommended in the planning
report, he has included the two single family lots meeting Zoning Ordinance
requirements on the Stone Borough 4th Addition preliminary and final plat.
Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen
went into more detail regarding the proposed two additional single family lots in
Stone Borough 4th Addition. He indicated that while the proposed design does
meet Zoning Ordinance requirements, a more regular lot design could be achieved
via a land swap with the adjacent townhome HOA as described in the planning
report.
Planning Commission Meeting
April 21, 2011
Page 5
Mr. Kuennen stated that should the Planning Commission recommend approval of
the preliminary plat, final plat, and easement vacation, Planning Department staff
recommends approval subject to the 7 stipulations listed in the April 15, 2011
planning report.
Vice Chair Lillehei asked for comments from the Planning Commission. Discussion
points were:
A.
• The buffer landscaping for the additional two'; single family lots was
discussed. The landscaping will not be installed ors these two lots until they
have been sold. Mr. Kuennen explained that a .letter of credit will be held by
the City until a landscape inspection is completed.
• It was clarified that the two additional single family lots_ Would bring the
totals to 44 single family lots preliminary platted and 28 single family lots
final platted.
• It was determined that adding the two single; family lots could be added to
the preliminary and final plat since there has been no comments from the
public regarding the Stone Borough 4th Addition plat.
Stipulation #6 will be deleted due to.a ghost plat no longer being needed for Outlot
6. A ghost plat should be submitted for Outlot A showing the po:fiblc
development of two RS 4 sing .
•
11.20 Motion was made and seconded to close the public hearing at 6:38 p.m.
Ayes: Lillehei, Adler, Grenz, Drotning, Boerschel, Maguire.
Nays:
11.21 Motion. was made and - seconded. to recommend to City Council approval of the
followingLocated east ' =of, Dodd Boulevard (CSAH 9) and north of 215th Street
(CSAH 70):` Preliminary: plat of 44 single- family residential lots and final plat of
28 single- family. lots to be known as Stone Borough 4th Addition; and B.
Vacation of existing public drainage and utility easements, subject to the following
6 stipulations, as amended:
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 plan must be revised to show a minimum of 8 foot tall spruce
trees with the specific species listed. A landscape escrow of $7,500 must be
submitted to guarantee the installation of the landscaping.
Yard
Front House
Front Garage
Side Interior
Side Corner
Rear
Setback
20'
25'
T
20'
30'
4. The developer is required to repair the public trail connection located in the
northeast corner of the subdivision that was disturbed during the
construction of a previous phase of the Stone Borough development.
5. A maximum of 25% impervious area is allowed for all lots within the
Shoreland Overlay District. The developer must revise the plans to include
calculations indicating the total acres of the plat that are within the
Shoreland Overlay District and the estimated total impervious area and
percentage.
6. All single - family homes must comply with the following RS-4, Single- Family
Residential District setbacks:
Ayes: Adler, Grenz, Drotning, Boerschel, Maguire, Lillehei.
Nays: 0
There being no further business, the meeting was adjourned at 6:42 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary 5/05/11
ATTEST:.
Brooks Lillehei, Vice Chair 5/05/11
Planning Commission Meeting
April 21, 2011
Page 6
Parks, Recreation & Natural Resources Committee Meeting Minutes, Apr // 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
KJ 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 corner 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 Stone Borough Final Plat and Landscape Plan
Exhibit C — Preliminary Plat
Exhibit D — Final Plat
Exhibit E — Boundary Survey
Exhibit F — Grading, Drainage and Landscape Plan
Exhibit G — Utility Plan
Exhibit H — Storm Water Management Ran
Exhibit 1 — Easement Vacations
1
No
City of Lakeville
Planning Department
To: '/ Planning Commission
From: l 6 . F- • Allyn Kuennen, AICP
Associate Planner
Date: April 15, 2011
Subject: Packet Material for the April 21, 2011 Planning Commission Meeting.
Agenda Item: Stone Borough Preliminary and Final Plat and Easement Vacation.
Application Deadline: July 8, 2011
KJ Walk, Inc. has submitted preliminary plat, final plat and easement vacation
applications for the replatting of 97 vacant townhome units into 42 RS -4, Single Family
Residential lots on 11.12 acres to be known as Stone Borough 4th Addition. The Stone
Borough 4th Addition replat is centrally located within the Stone Borough development
on the east of Dodd Boulevard (CSAH 9) and north of 215 Street (CSAH 70). All
existing drainage and utility easements within the area to replatted are proposed to be
vacated with new easements established that reflect the proposed single family lot
design. The Stone Borough 4th Addition plans have been distributed to the Engineering
Department and to the Parks, Recreational and Natural Resources Committee for their
review and comment.
Direction
Land Use Plan
Zoning Map
Existing Use
North
Low Density
Residential
RS -2, Residential Single Family and
PUD, Planned Unit Development
Single Family
and Twin Homes
East
Parks and
Industrial
POS, Public & Open Space and
1 -1, Light Industrial
Pond and
Undeveloped
South
Low - Medium
Density
Residential
RS -3, Residential Single Family
Single Family
Homes and
South Creek
West
Low- Medium
Density
Residential
RST -2, Single and Two Family
Residential
Dodd Boulevard
(CSAH 9)
Detached TH
Project Analysis:
Existing Conditions. The Stone Borough preliminary and final plat was approved by
City Council on October 18, 2004. The original development included a total of 167
townhome units with 43 detached and 124 attached townhomes proposed. Twenty
attached units and 31 detached units have been constructed within the development.
Hytrail Circle, the major loop road running through the development, was constructed
with the original Stone Borough plat. The central area of the development that is to be
replatted into the RS -4 single family lots was also rough graded with the original plat.
Comprehensive Plan. The 2008 Comprehensive Land Use Plan guides this area to be
developed as a medium - density residential development. The proposed RS -4,
Residential Single Family use and the single family density are consistent with District 7
recommendations of the Comprehensive Land Use Plan.
Zoning. The site is zoned RM -1, Medium Density Residential District which allows for
the proposed RS -4, Single Family Residential lots as a permitted use.
Surrounding Land Uses. The table below identifies planned and existing uses
adjacent to the proposed development:
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 Stone Borough 4th Addition preliminary plat
against these criteria finds that it is not a premature subdivision.
Density. The gross area of the preliminary plat is 11.12 acres with a gross density of
3.95 units per acre. The net developable area of the preliminary plat, excluding right -of-
way, is 10.34 acres with a net density of 4.25 units per acre.
2
Yard
Front House
Front Garage
Side Interior
Side Corner
Rear
Setback
20'
25'
7'
20'
30'
Phasing. Stone Borough 4 Addition will be developed in two phases. The first phase
as shown on the final plat will include twenty -six RS -4 single family lots and two outlots
that front on Hytrail Circle. Outlot A and B will be developed as a future second phase
and may include up to eighteen RS -4 single family lots.
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.
Lot Area. Single family lots within the RS -4 District are required to provide a minimum
area of 8,400 square feet for interior lots and 10,200 square feet for corner lots. The
area of the 42 lots to be preliminary and the 26 lots to be final platted meet the minimum
lot size requirements.
Lot Width. 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.
Outlots. Two outlots are shown on the final plat. Outlot A is being retained by KJ
Walk, Inc. to be developed in the future. The developer has the option of either platting
Outlot A into three townhome units as previously platted or platting the area into two
additional RS -4 single family lots. KJ Walk, Inc. has indicated their preference is to
develop Outlot A into two RS -4 single family lots. The developer is in the process of
negotiating a land swap with the adjacent homeowners association on the west side of
Outlot A in an attempt to provide a more regular shaped single family lot and to clean -up
some existing private utility lines that currently extend across the homeowners
association property and Outlot A. Staff recommends that a ghost plat be submitted for
Outlot A showing the possible development of two RS -4 single family lots. Outlot B is
also being retained by the developer and is proposed to be developed into sixteen RS -4
single family lots to be serviced by Hyalite Drive, a local street to be constructed with
the future plat.
Setbacks. Setback requirements for single family lots in the RS -4 District are outlined
below:
The building pads shown on the preliminary and final plat meet the minimum setback
requirements listed above.
Landscape Plan. The installation of a landscape buffer area has been shown on the
grading plan along the rear property line of Lots 3 - 5, Block 1. The landscaping
includes a staggered row of fifteen, six foot tall spruce trees. The landscape plan must
be revised to show a minimum of 8 foot tall spruce trees with the specific species listed.
With the landscape plan revised to show 8 foot tall spruce trees it will be consistent with
3
the existing landscaping previously installed with the original Stone Borough plat at the
rear of proposed Lots 1 and 2, Block 1. A landscape escrow of $7,500 must be
submitted to guarantee the installation of the landscaping.
Access, Streets & Right -of -Way. Access to the plat will continue to be off of Dodd
Boulevard (CSAH 9) from Hytrail Circle and Hyacinth Avenue, the existing local streets
constructed as part of the original Stone Borough development. No additional street
improvements are required.
Trails. A regional trail extension was graded by the developer within the open space
area to south of the plat adjacent to South Creek with the original Stone Borough plat.
No additional trail construction is required however the developer is required to repair
the public trail connection located near the northeast corner of the subdivision that was
disturbed during the construction of a previous phase of the Stone Borough
development.
Park Dedication. The park dedication requirement for Stone Borough 4th Addition was
satisfied through a land dedication with the original plat in 2004. The Stone Borough
Park, within the northeast corner of the development, is scheduled to be constructed by
the City in 2011 and will include a trail connection to the South Creek greenway to the
south and the Golden Pond development to the north.
Grading, Drainage and Erosion Control. The preliminary and final plat includes
grading, drainage and erosion control 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 Stone Borough 4 Addition plat.
Tree Preservation. There are no significant trees within the Stone Borough 4th
Addition plat.
Easements. An easement vacation application has been submitted to eliminate all
existing easements within the preliminary and final plat area that were established for
the townhome design. The Stone Borough 4th Addition preliminary and final plat
reestablishes required 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. The southern and eastern portions of the plat fall within the
Shoreland Overlay District of South Creek. A maximum of 25% impervious area is
allowed for all lots within the Shoreland Overlay District. The developer must revise the
4
Yard
Front House
Front Garage
Side Interior
Side Corner
Rear
Setback
20'
25'
7'
20'
30'
plans to include calculations indicating the total acres of the plat that are within the
Shoreland Overlay District and the estimated total impervious area and percentage.
RECOMMENDATION:
The preliminary and final plat plans and the easement vacation request comply with the
provisions of the Zoning Ordinance, Subdivision Ordinance and Comprehensive Plan.
Staff recommends approval of the Stone Borough 4 Addition preliminary and final plat
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 plan must be revised to show a minimum of 8 foot tall spruce trees
with the specific species listed. A landscape escrow of $7,500 must be submitted to
guarantee the installation of the landscaping.
4. The developer is required to repair the public trail connection located in the
northeast corner of the subdivision that was disturbed during the construction of a
previous phase of the Stone Borough development.
5. A maximum of 25% impervious area is allowed for all lots within the Shoreland
Overlay District. The developer must revise the plans to include calculations
indicating the total acres of the plat that are within the Shoreland Overlay District and
the estimated total impervious area and percentage.
6. A ghost plat should be submitted for Outlot A showing the possible development of
two RS -4 single family lots.
7. All single - family homes must comply with the following RS -4, Single Family
Residential district setbacks:
5
F
RS -3 Si ri
amily Reside
tia
215th Street (CSAH 70)
POS, Public &
Open Space
City of Lakeville
Location & Zoning Map
Stone Borough 4th Addition
Preliminary Plat, Final Plat and
Easement Vacation
ExhibitAr
t
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Memorandum
To: Allyn Kuennen, Associate Planner
From: Mark DuChene, Development/Design Engineer
McKenzie Cafferty, Environmental Resources Manager
Copy: Dennis Feller, Finance Director
Gene Abbott, Building Official
Date: April 15, 2011
Subject: Stone Borough Fourth Addition
• Preliminary Plat Review
• Easement Vacation
• Final Plat Review
• Grading Plan Review
• Utility Plan Review
BACKGROUND
Outlot A: Future residential development (0.53 acres)
(To Be Retained by the Developer)
City of Lakeville
Engineering
K.J. Walk, Inc. has submitted a preliminary and final plat named Stone Borough
Fourth Addition. The proposed subdivision is located east of Dodd Boulevard (CSAH
9); south of Golden Pond First Addition; north of the South Branch of South Creek
and Brookside Estates First Addition. The parent parcel is Outlot A, and Lots 1 -15,
Block 1; Lots 1 -11, Block 6; Lots 1 -10, Block 7 and Lots 1 -7, Block 8 of Stone
Borough Second Addition. These lots were previously platted and outlotted as part
of the Stone Borough Second Addition plat and were to have attached townhome
units constructed on the them. The Developer is proposing to replat the noted
parent parcels, which are currently zoned RM -1, in order to construct single family
homes under the RS -4 zoning standards as allowed by zoning ordinance.
The preliminary plat consists of forty -two single - family Tots and one outlot on 11.12
acres. The outlot created with the preliminary plat shall have the following use:
STONE BOROGH 4 T " ADDITION
APRIL 14, 2011
PAGE 2 OF 8
The final plat consists of twenty -six single - family lots within three blocks and two
outlots on 11.12 acres. The outlots being final platted shall have the following use:
Outlot A: Future residential development (0.53 acres)
(To Be Retained by the Developer)
Outlot B: Future residential development (4.47 acres)
(To Be Retained by the Developer)
Development of the site includes the extension of public storm sewer, site grading
and the installation and abandonment of water and sanitary sewer services.
The proposed development will be completed by:
Developer: K.J. Walk, Inc
Engineer: K.J. Walk, Inc
Surveyor: Rehder and Associates, Inc.
SITE CONDITIONS
Stone Borough Fourth Addition is located on land that was mass graded with the
first addition.
STREET AND SUBDIVISION LAYOUT
Entrance to Stone Borough Fourth Addition will be from Hytrail Circle to the west
and Hyacinth Avenue to the north.
Hytrail Circle
Hytrail Circle is an existing roadway constructed as part of Stone Borough Second
Addition. It is designed as a 28 -foot wide local roadway within a 50 -foot wide right
of way.
Hyacinth Avenue
Hyacinth Avenue is an existing roadway constructed as part of Stone Borough
Second Addition. It is designed as a 28 -foot wide local roadway within a 50 -foot
wide right of way.
Hyalite Drive
Hyalite Drive is designed as a 28 -foot wide local roadway within a 50 -foot wide
right -of -way. The developer will dedicate right -of -way as shown on the preliminary
plat and Hyalite Drive will be constructed from the west leg of Hytrail Circle to the
north leg of Hytrail Circle when Outlot B of the final plat develops.
STONE BOROGH e ADDITION
APRIL 14, 2011
PAGE 3 OF 8
EASEMENT VACATION
The existing drainage and utility easements over the common lot areas for the
previously platted townhome Tots shall be vacated as part of the final plat. The
easements to be vacated are located on the following Tots of Stone Borough Second
Addition:
Lot 15, Block 1
Lot 11, Block 6
Lot 10, Block 7
Lot 7, Block 8
CONSTRUCTION ACCESS
Construction access and egress for grading, public utility installation and street
construction must be from Dodd Boulevard (CSAH 9) at Hytrail Circle.
PARKS AND TRAILS
The Park Dedication requirement for all phases of the Stone Borough development was
satisfied with the dedication of the usable, upland area within Outlot B, Stone Borough.
The park is to be constructed by the City in 2011.
The Developer must repair the public trail located near the northeast corner of the
properly. The trail was disturbed due to construction with previous phases of this
development.
UTILITIES
SANITARY SEWER
Stone Borough Fourth Addition is located within subdistrict SC- 103206 of the South
Creek sanitary sewer district as identified in the City's Comprehensive Sanitary
Sewer Plan. Wastewater will be conveyed via existing trunk sanitary sewer to the
MCES Farmington Interceptor and continue to the Empire Wastewater Treatment
Facility. The city -owned downstream facilities have sufficient capacity to serve the
proposed residential subdivision.
Development of the Stone Borough Fourth Addition preliminary plat includes the
extension of public sanitary sewer following the proposed right -of -way for Hyalite
Drive and connection to an existing 8 -inch sanitary sewer located within Hytrail
Circle. Development of the Stone Borough Fourth Addition final plat will mainly be
served by existing sanitary sewer services previously installed as part of the Stone
Borough Second Addition improvements and some new services to be cut in to the
existing sanitary sewer line. Building permits will be withheld for Tots requiring new
services until the new service is installed.
STONE BOROGH 4 T " ADDITION
APRIL 14, 2011
PAGE 4 OF 8
The Developer is proposing to abandon 17 existing sewer services that were
installed for the previous townhome layout and are no longer needed with the
revised lot layout. All existing sanitary sewer services that are to be permanently
abandoned must first be televised by the Developer for evidence of inflow and
infiltration and a copy of the televising tape provided to the City. If the City's review
of the televising suggests no inflow and infiltration, the sanitary sewer service may
be abandoned in place. If the City's review of the televising suggests any inflow and
infiltration, the sanitary sewer service must be plugged at the main by inserting a
plug at the wye per the manufacturer's recommendations. In addition, any existing
sanitary sewer service disturbed during water service construction must also be
plugged. GPS coordinates must be provided per Lakeville Standard Plate LV- ST -12.
All sanitary sewer service abandonment /removal work must be inspected by the
City's utility department. All abandoned sanitary sewer services shall be identified
on certificate of surveys submitted during the building permit process.
The proposed sanitary sewer layout is in accordance with the City's Comprehensive
Sanitary Sewer Plan. Final locations and sizes of all sanitary sewer will be reviewed
by City Staff with the final construction plans.
The sanitary sewer trunk area charge for the Stone Borough Fourth Addition plat
has been paid.
WATERMAIN
Development of Stone Borough Fourth Addition preliminary plat includes the
extension of a public watermain following the proposed right -of -way for Hyalite
Drive and connection to an existing 8 -inch watermain located within Hytrail Circle.
Development of the Stone Borough Fourth Addition final plat will mainly be served
by existing water services previously installed as part of the Stone Borough Second
Addition improvements and some new services to be cut in to the existing sanitary
sewer line.
The Developer is proposing to abandon 17 existing water services that were
installed for the previous townhome layout and are no longer needed with the
revised lot layout. For all existing water services that are to be permanently
abandoned, a fee of $1000 /abandoned service shall be paid to the City for future
maintenance related to the abandoned service repairs. The service shall be turned
off at the curb stop and the rod and curb box shall be removed. GPS coordinates
must be provided per Lakeville Standard Plate LV- ST -12. All water service
abandonment /removal work must be inspected by the City's Utility Department. All
abandoned water services shall be identified on certificate of surveys submitted
during the building permit process. A certificate of occupancy will not be issued
until water services have been appropriately abandoned and inspected.
STONE BOROGH 4 T " ADDITION
APRIL 14, 2011
PAGE 5 OF 8
DRAINAGE AND GRADING
17 x $1,000.00 /service = $17,000.00
Number of Water Fee per Service Total
Services to be
Abandoned
The proposed watermain layout is in accordance with the City's Comprehensive
Water Plan. Final locations and sizes of all watermain facilities will be reviewed by
City Staff with the final construction plans.
Stone Borough Fourth Addition lies within Subdistricts SC -17 and SC -18 of the South
Creek Drainage District, as identified in the City's Water Resources Management
Plan. Runoff generated from within the site within will be conveyed via storm sewer
and overland flow to the existing stormwater treatment and infiltration basin and
eventually discharging into South Creek. The stormwater treatment basin and
infiltration basin were constructed with previous phase improvements.
The final grading plan must identify all fill lots in which the building footings will be
placed on fill material. The grading specifications must also indicate that all
embankments meet FHA /HUD 79G specifications. The developer must certify to the
City that all lots with footings placed on fill are appropriately constructed.
A National Pollution Discharge Elimination System General Stormwater Permit for
construction activity is required from the Minnesota Pollution Control Agency for
areas exceeding one acre being disturbed by grading. A copy of the Notice of
Stormwater Permit Coverage must be submitted to the City upon receipt from the
MPCA.
STORM SEWER
Storm water runoff from the public right -of -way and lots constructed with the Stone
Borough Fourth Addition final plat will be conveyed via extensions of existing public
storm sewer facilities and directed to storm sewer treatment facilities previously
designed and constructed to accommodate the runoff in conjunction with previous
phases of the Stone Borough subdivisions.
Final storm sewer locations and sizes will be reviewed by City Staff with the final
construction plans. Drain tile service connections are required on all 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 has not been collected on the portion of parent
parcel Outlot A, Stone Borough Second Addition, which is to be final platted and
STONE BOROGH 4 T " ADDITION
APRIL 14, 2011
PAGE 6 OF 8
shall be paid in cash at the time of final plat approval. The Trunk Storm Sewer Area
Charge is calculated as follows:
WETLANDS
299,961 s.f.
Gross Area of Outlot
A, Stone Borough
Second Addition
There are no wetland impacts associated with Stone Borough Fourth Addition. A
wetland delineation was approved with the Stone Borough preliminary plat. A 50-
foot buffer from the centerline of the stream was placed within outlots that were
deeded to the City with the Stone Borough final plat.
TREE PRESERVATION
The site was previously graded, no additional trees will be impacted. Tree
protection fencing shall be placed around all existing trees along the western plat
boundary. This should provide adequate protection for the existing trees if
maintained during construction. All existing trees that are damaged or removed by
site grading will require replacement at a ratio of 2:1 as per the Lakeville Subdivision
Ordinance. No additional securities are required at this time for tree preservation.
EROSION CONTROL
SOUTH CREEK STORMWATER DISTRICT
SECURITIES
- 217,873 s.f. x $0.167/s.f. = $13,708.70
Area of Outlots A & B, Area Charge Total
Stone Borough Fourth
Addition (Future
Development)
The developer is responsible for acquiring or revising the SWPPP for the site.
Additional erosion control measures may be required during construction as deemed
necessary by City staff or the Dakota County Soil and Water Conservation District.
Additional measures shall be installed and maintained by the Developer.
The site falls within the South Creek Stormwater District and is subject to the
requirements of the South Creek Management Plan. The infiltration basin was installed
with the first phase and meets the requirement of containing 1 inches of runoff from
the impervious area within the development.
The Developer shall provide a Letter of Credit as security for the Developer - installed
improvements relating to Stone Borough Fourth Addition. The construction costs are
based upon estimates submitted by the Developer's engineer on March 22, 2011.
STONE BOROGH 4"' ADDITION
APRIL 14, 2011
PAGE 7 OF 8
CONSTRUCTION COSTS
Sanitary Sewer $ 1,750.00
Watermain 3,520.00
Storm Sewer 28,738.00
Street Construction 9,600.00
Site Grading, Erosion Control, Restoration and 7,650.00
Grading Certification
SUBTOTAL - CONSTRUCTION COSTS $ 51,258.00
OTHER COSTS
Developer's Design (6.0 %) $ 3,075.48
Developer's Construction Survey (2.5 %) 1,281.45
City's Legal Expense (0.5 %) 256.29
City Construction Observation (7.0 %) 3,588.06
Developer's Record Drawing (0.5 %) 256.29
Lot Corners 2,800.00
Landscaping 7,500.00
SUBTOTAL - OTHER COSTS $ 18,757.57
TOTAL PROJECT SECURITIES $ 70,015.57
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 $2,800.00. The City shall hold this security until the Developer's land
surveyor certifies that all irons have been placed following site grading, street and
utility construction.
CASH FEES
The Park Dedication requirement for Stone Borough Fourth Addition was satisfied
through land dedication provided with previous phases.
The cash fee for one -year of streetlight operating expenses was paid in previous
phases.
The cash fee for one -year of surface water management expenses was paid in
previous phases.
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:
28 lots and outlots x $75.00 /unit = $2,100.00
Lots and Outlots City Base Map Updating Fee Total
STONE BOROGH 4 T" ADDITION
APRn. 14, 2011
PAGE 8 OF 8
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 $1,537.74.
CASH REQUIREMENTS
Trunk Storm Sewer Area Charge
Abandoned Water Service Fee
City Base Map Updating Fee
City Engineering Administration (3.00 %)
TOTAL CASH REQUIREMENT
RECOMMENDATION
13,708.70
17,000.00
2,100.00
1,537.74
$ 34 346.44
Engineering recommends approval of the preliminary plat, final plat, easement
vacation, grading plan and utility plan for Stone Borough Fourth Addition, subject to
the comments within this report.