HomeMy WebLinkAboutItem 08June 29, 2011 Item No.
JULY 5, 2011 CITY COUNCIL MEETING
MMR FIRST ADDITION
Proposed Action
Staff recommends adoption of the following motion: Move to approve: a) a resolution approving the MMR First
Addition preliminary and final plat, b) a conditional use permit for a church in the RS -2 District and an exception to the
exterior building finish requirements and, c) a resolution vacating a public roadway, drainage and utility easement and
adoption of the findings of fact as presented.
Adoption of this motion will allow the development of a church in a single family neighborhood as well as an outlot for
the development of two future single family Tots.
Overview
Representatives of Minneapolis Meeting Rooms, Inc. are requesting approval of plans for the construction of a church
and an outlot for two future single family lots on a 2.9 acre property located north of 212 Street and west of Dodd
Boulevard (CSAH 9). The plans propose a 72 seat, 3,200 square foot church. A church is considered an institutional
use in the RS -2, Single Family Residential District and is allowed by conditional use permit. Future development of
two residential lots on Outlot B will require the developer to obtain preliminary and final plat approval.
The Planning Commission held a public hearing and recommended approval of the MMR First Addition preliminary
and final plat, conditional use permit and easement vacation at their June 2, 2011 meeting. The Parks, Recreation
and Natural Resources Committee unanimously recommended approval at their June 1, 2011 meeting. Since the
Planning Commission meeting, a revised landscape plan has been submitted as recommended by Stipulation 3 of the
May 26, 2011 planning report. Staff also recommends approval.
Primary Issue to Consider
Why is the applicant seeking conditional use permit approval for the exterior building finish? The applicant is
proposing a building design and exterior materials of masonry and cement board siding consistent with the low
density residential character of the neighborhood. The church representatives have indicated that they wish to
design the church to be low profile and to blend into the neighborhood. The proposed exterior building materials
are appropriate for the possible future reuse of the church building for a residential purpose.
Supporting Information
• Resolution approving MMR First Addition preliminary and final plat
• Conditional use permit form
• Resolution approving the vacation of a public roadway, drainage and utility easement
• Findings of fact
• The signed development contract and deed conveying Outlot B to the City
• Revised landscape plan
• June 2, 2011 Planning Commission draft meeting minutes
• June 1, 2011 Parks, Recreation and Natural Resources Committee draft meeting minutes
• May 26, 2011 planning and engineering reports
it AA)S 2 AAX
Frank Dempsey, AICP, As •ciate PI ner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Subdivision and Zoning Ordinances
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY AND
FINAL PLAT OF MMR FIRST ADDITION
WHEREAS, the owner of the property described as MMR FIRST 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 MMR FIRST ADDITION preliminary and final plat is hereby
approved subject to the developer's execution of the development contract
warrenty deed conveying Outlot A to the City, and security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development
contract and the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
DATED this 5 th day of July 2011
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. is a true and correct
copy of the resolution presented to and adopted by the City Council of the City of
Lakeville at a duly authorized meeting thereof held on the 5 th day of July 2011 as
shown by the minutes of said meeting in my possession.
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
CITY OF LAKEVILLE
Mark Bellows, Mayor
Charlene Friedges
City Clerk
(SEAL)
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 11-
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville approves a Conditional Use Permit for Minneapolis Meeting Rooms, Inc.
to allow a church in an RS -2, Single Family Residential District and to allow an
exception to the exterior building finish requirements for an institutional use.
2. Property. The permit is for the following described property located in the City of
Lakeville, Dakota County, Minnesota:
Lot 1, Block 1, MMR First Addition
3. Conditions. The permit is issued subject to the following conditions:
a) Landscaping shall be installed consistent with the approved landscape plan
and Zoning Ordinance requirements.
b) The parking lot shall be constructed and striped according to the approved
site plan.
c) Parking associated with any church assemblies shall not be permitted on
212 Street.
d) The exterior building materials shall comply with the approved exterior
building elevations plans.
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e) Any signs shall be in compliance with Zoning Ordinance requirements.
f) Exterior lighting shall be downcast non -glare type fixtures and shall meet
the requirements of the Zoning Ordinance requirements.
g) In the absence of an outdoor trash enclosure, the storage of trash shall be
located inside the church building. Any outdoor storage of trash shall be
located in a trash enclosure subject to the requirements of the Zoning
Ordinance and building permit requirements.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the permit.
5. Lapse. If within one year of the issuance of this permit construction of
the institutional building has not commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
Date: July 5, 2011
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 5 day of July,
2011, by Mark Bellows, Mayor and by Charlene Friedges, City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation.
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
Notary Public
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
RESOLUTION NO.
RESOLUTION VACATING A PUBLIC ROADWAY DRAINAGE AND
UTILITY EASEMENT
WHEREAS, the Planning Commission has conducted a public hearing, preceded by
two (2) weeks published notice, to consider the following described public roadway,
drainage and utility easement vacation; and
WHEREAS, the City Council has determined that it is in the public interest to vacate
said public roadway, drainage and utility easement.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The following public drainage and utility easement is hereby vacated subject to the
recording of the MMR First Addition final plat:
The public roadway and utility easement lying over, under, and across that
part of the south 260.00 feet of the north 903.00 feet of that part of the NW
1 /4 of the NW 1 /4 of Section 32, Township 114, Range 20, Dakota County,
Minnesota, lying east of the west 854.00 feet thereof. Said easement to be
vacated is further described as lying southwesterly of a line described as
follows: Beginning at the intersection of the east line of the west 250 feet of
said NW 1 /4 of the NW 1 /4, with the south line of the north 873 feet of said
NW 1 /4 of the NW 1 /4; thence easterly along the south line of said north 873
feet, a distance of 573.69 feet; thence southeasterly 118.79 feet, along a
tangential curve to the right, having a radius of 230 feet and a central angle
of 29 degrees 35 minutes 31 seconds to the south line of said north 903 feet
and said line there terminating.
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2. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
DATED this 5 day of July 2011
ATTEST:
BY:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. is a true and correct
copy of the resolution presented to and adopted by the City Council of the City of
Lakeville at a duly authorized meeting thereof held on the 5 day of July 2011 as
shown by the minutes of said meeting in my possession.
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
Charlene Friedges
City Clerk
Seal
On June 2, 2011, the Lakeville Planning Commission met at its regularly scheduled
meeting to consider the application of Minneapolis Meeting Rooms, Inc. for a conditional
use permit to allow: 1) the construction of a religious institution building in the RS -2,
Single Family Residential District and, 2) an exemption from the exterior building
material requirements for institutional uses. The Planning Commission conducted a
public hearing on the proposed conditional use permit preceded by published and
mailed notice. The applicant was present and the Planning Commission heard
testimony from all interested persons wishing to speak. The City Council hereby adopts
the following:
1. The property is zoned RS -2, Single Family Residential District.
2. The property is located in Planning District No. 6 of the 2008 Comprehensive Plan,
which guides the property for residential uses. Religious institutions (churches) are
allowed by conditional use permit on residential zoned properties.
3. The legal description of the property is:
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
MMR FIRST ADDITION
CONDITIONAL USE PERMIT
FINDINGS OF FACT
Lot 1, Block 1, MMR First Addition
4. Section 11 -4 -3E of the City of Lakeville Zoning Ordinance provides that a conditional
use permit may not be issued unless certain criteria and satisfied. The criteria and
our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City
Comprehensive Plan.
The church development and proposed exterior building materia /s is consistent
with the RS -2, Single Family Residential zoning and residential guided use of the
property.
b. The proposed use is or will be compatible with present and future land uses of
the area.
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Provided compliance with the stipulations of the condition/ use permit, the
church and the exterior building materials will be compatible with existing and
future residential uses in the area.
c. The proposed use conforms with all performance standards contained in the
Zoning Ordinance.
Provided compliance with the stipulations of the conditional use permit, the
church and the exterior building materials will conform with all performance
standards contained in the Zoning Ordinance and the City Code.
d. The proposed use can be accommodated with existing public services and will
not overburden the City's service capacity.
The subject property lies within the existing MUSA. The property is served with
city sanitary sewer and city water. The church facility will not overburden the
City's service capacity.
e. Traffic generation by the proposed use is within capabilities of streets serving the
property.
The church facility will not overburden the streets serving the property.
5. The planning report, dated May 26, 2011, prepared by Associate Planner Frank
Dempsey is incorporated herein.
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DATED: July 5, 2011
3
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
MMR FIRST ADDITION
AGREEMENT dated , 2011, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ( "City "), and MINNEAPOLIS MEETING ROOMS, INC.,
a Minnesota corporation (the "Developer ").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for MMR FIRST 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 follows:
Outlot A, WILD MEADOW VILLAS, Dakota County, Minnesota,
according to the recorded plat thereof
AND ALSO,
The South 260.00 feet of the North 903.00 feet of that part of the Northwest
Quarter of the Northwest Quarter of Section 32, Township 114, Range 20,
Dakota County, Minnesota, lying East of the West 854.00 feet thereof
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.
157980v01 1 LKVL:MMR FIRST ADDITION
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3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or
private improvements, or any buildings until all the following conditions have been satisfied: 1) this
agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security
has been received by the City, and 3) the plat has been filed with the Dakota County Recorder's Office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi - phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park charges, sanitary sewer charges,
and storm sewer charges referred to in this Contract are not being imposed on outlots, if any, in the plat
that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such
charges will be calculated and imposed when the outlots are final platted into Tots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City's
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, and C, the plans
may be prepared, subject to City approval, after entering the Contract, but before commencement of any
157980v01 2 LKVL:MMR FIRST ADDITION
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work in the plat. The erosion control plan may also be approved by the Dakota County Soil and Water
Conservation District. If the plans vary from the written terms of this Contract, the written terms shall
control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Public and Private Storm Sewer Systems
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
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
157980v01 3 LKVL:MMR FIRST ADDITION
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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
Developer's contractor. The Developer or his engineer shall schedule a pre- construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible "as
constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer's surveyor shall also
submit a written notice to the City certifying that the monuments have been installed.
9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, including but not limited to:
• Dakota County for County Road Access and Work in County Rights -of -Way
• MnDot for State Highway Access
• Minnesota Department of Health for Watermains
• NPDES Permit for Stormwater Connections
157980v01 4 LKVL:MMR FIRST ADDITION
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• MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
• DNR for Dewatering
• City of Lakeville for Building Permits /Certificates of Occupancy
• 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.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by November 30, 2011, with the exception of the final wear course of asphalt on streets. The final wear
course on streets shall be installed between August 15th and October 15th the first summer after the base
layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an
extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security
posted by the Developer to reflect cost increases and the extended completion date. Final wear course
placement outside of this time frame must have the written approval of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City or Dakota County Soil and
Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation
and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area
that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except
157980v01 5 LKVL:MMR FIRST ADDITION
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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, no building permits will be issued and a certificate of occupancy will not be
issued unless the plat is in full compliance with the approved erosion control plan.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and before the City issues a certificate of occupancy, the
Developer shall provide the City with an "as constructed" grading plan certified by a registered land
surveyor or engineer that all storm water treatment basins, swales, and ditches have been constructed on
public easements or land owned by the City. The "as constructed" plan shall include field verified elevations
of the following: a) cross sections of storm water treatment basins; b) location and elevations along all
swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow
areas /stockpiles, and installed "conservation area" posts; and c) lot corner elevations and building pads,
and all other items listed in City Code Section 10- 3 -5.NN. The City will withhold issuance of a certificate of
occupancy until the approved certified grading plan is on file with the City and all erosion control measures
are in place as determined by the City Engineer. The Developer certifies to the City that all lots with
building footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G
specifications.
157980v01 6 LKVL:MMR FIRST ADDITION
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Prior to the release of the required grading security, an as -built certificate of survey must be
submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks
are consistent with the approved grading plan for the development and amendments thereto as approved
by the City Engineer, and that all required property monuments are in place.
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 Tying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in -house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and his engineer on status or
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 & TRUNK STORM SEWER AREA CHARGE. Development of MMR
First Addition includes public storm sewer construction. Storm sewer will be installed within the
subdivision to collect stor5mwater runoff generated from within the public right -of -way and lots to the
157980v01 7 LKVL:MMR FIST ADDITION
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proposed stormwater treatment basin. Private storm sewer construction will collect runoff from the roof
and parking lot of Lot 1, Block 1 and will connect to the public storm sewer system.
The trunk storm sewer area charge has not been collected on the parent parcel and must be paid
in cash with the final plat. The trunk storm sewer area charge is calculated as follows:
127,067 s.f. - 73,192 s.f. x $0.167/s.f. _ $8,997.13
Gross Area of Area of Outlots A&B, Area Charge
MMR First Addition MMR First Addition
& Dodd Blvd. ROW
The Developer is eligible for trunk storm sewer credits for conveying Outlot A to the City. The credit for the
0.57 acres of land is $3,135.00 and is calculated at the rate of $5,500.00 per acres, consistent with City
policy. The resulting storm sewer area charge must be paid in cash at the time of final plat approval.
20. SANITARY SEWER. Development of MMR First Addition includes the extension of public
sanitary sewer following the proposed right -of -way for Idaho Avenue and connection to an existing 8 -inch
sanitary sewer stub located northwest of the intersection of Idaho Avenue and 212 Street. The
Developer has established an easement for drainage and utility purposes across Lot 1, Block 1, as
shown on the final plat, to allow access to the utilities located outside of the public rights -of -way.
The sanitary sewer availability charge has not been paid on the parent parcels of MMR First
Addition and must be paid for Lot 1, Block 1 with the building permit. The sanitary sewer availability
charge is $307.00 per residential unit and will be determined when MCES SAC units are calculated.
21. LATERAL SANITARY SEWER ACCESS CHARGE. A cash fee for the lateral sanitary
sewer access charge must be paid at the time of final plat approval. The lateral sanitary sewer access
charge is based on the front footage of the final plat along 212 Street and will be prorated based on the
developable area of the final plat compared to the total developable area. The lateral sanitary sewer
access charge is calculated as follows:
214.88 I.f. x 34,390 s.f./72,086 s.f. x $39.00 /f.f. = $3,997.99
Front Footage Ratio of Area of Lot 1, Block 1 Lateral Sanitary
of 212 Street to Total Developable Area Sewer Access Charge
157980v01 8 LKVL:MMR FIRST ADDITION
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The cash fee for the lateral sanitary sewer access charge for the remainder of the developable area shall
be paid at the time of final plat approval when Outlot B develops. The cash fee will be based on the rate in
effect at the time of final plat approval.
22. WATERMAIN. Development of MMR First Addition includes the extension of public
watermain following the proposed right -of -way for Idaho Avenue and connection to an existing 8 -inch
watermain stub located northwest of the intersection of Idaho Avenue and 212 Street. The Developer
has established an easement for drainage and utility purposes across Lot 1, Block 1, as shown on the
final plat, to allow access to the utilities located outside of the public rights -of -way.
23. LATERAL WATERMAIN ACCESS CHARGE. A cash fee for the lateral watermain access
charge must be paid at the time of final plat approval. The lateral watermain access charge is based on
the front footage of the final plat along 212 Street and will be prorated based on the developable area of
the final plat compared to the total developable area. The lateral watermain access charge is calculated as
follows:
214.88 I.f. x 34,390 s.f./72,086 s.f. x $38.40/f.f. _ $3,936.48
Front Footage Ratio of Area of Lot 1, Block 1 Lateral Watermain
of 212 Street to Total Developable Area Access Charge
The cash fee for the lateral watermain access charge for the remainder of the developable area shall be
paid at the time of final plat approval when Outlot B develops. The cash fee will be based on the rate in
effect at the time of final plat approval.
24. FUTURE UPGRADE OF ADJACENT STREET (DODD BOULEVARD). A cash fee for
the Future Upgrade of Adjacent Street (Dodd Boulevard) must be paid at the time of final plat approval.
The Future Upgrade of Adjacent Street fee is based on the front footage of the final plat along Dodd
Boulevard and will be prorated based on the developable area of the final plat compared to the total
developable area. The Future Upgrade of Adjacent Street fee is calculated as follows:
260.40 I.f. x 34,390 s.f./72,086 s.f. x $72.00 /f.f. = $8,944.47
Front Footage Ratio of Area of Lot 1, Block 1 Future Upgrade of
Dodd Boulevard to Total Developable Area Adjacent Street Fee
157980v01 9 LKVL:MMR FIRST ADDITION
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The cash fee for the Future Upgrade of Adjacent Street for the remainder of the developable area shall be
paid at the time of final plat approval when Outlot B develops. The cash fee will be based on the rate in
effect at the time of final plat approval.
25. CONSTRUCTION ACCESS. Construction traffic access and egress for grading and utility,
parking lot and building construction is restricted to 212 Street via Dodd Boulevard (CSAH 9).
26. PARK DEDICATION AND TRAILS. The park dedication requirement for MMR First
Addition will be satisfied through a cash contribution that must be paid with the final plat. The park
dedication fee is based on the low density residential rate in effect at the time of final plat approval and is
calculated as follows:
1 dwelling unit x $4,747 /dwelling unit = $4,747.00
The cash fee for the park dedication requirement for Outlot B shall be paid at the time of final plat approval
when Outlot B develops. The cash fee will be based on the rate in effect at the time of final plat approval.
A future 10 -foot wide trail is proposed along the west side of Dodd Boulevard, as identified in the
City Parks, Trails and Open Space Plan. A cash escrow for the future trail construction along Dodd
Boulevard must be paid at the time of final plat approval. The Developer will be responsible for 5 /8ths of
the estimated construction costs and will be 100% responsible for rough grading and restoration of the trail
area. Rough trail grading and restoration will be done with the MMR First Addition improvements. The
cash escrow for future trail construction due with MMR First Addition is calculated as follows:
$4,380.00 x 5 /8ths x 34,390 s.f./72,086 s.f. 0 = $1,305.98
Total Estimated Cost Developer's Trail Ratio of Area of Lot 1, Block 1
for Trail Construction Cost Portion to Total Developable Area
Along Dodd Boulevard
The remainder of the cash fee for the future trail construction along Dodd Boulevard shall be paid at the
time of final plat approval when Outlot B develops, and based upon a cost estimate provided by the
Developer at that time.
27. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for
traffic control signs in the amount of $915.20 is due at the time of final plat approval, consisting of four
157980v01 10 LKVL:MMR FIRST ADDITION
SRN:06 /07/2011 (Minneapolis Meeting Rooms, Inc.)
end -of -road object marker signs, one future street connection sign and one stop /street sign. If the street
posts are installed in frost conditions, the Developer shall pay an additional $150.00 at each street post
location. A cash fee for one -year of streetlight operating expenses is also due at the time of final plat
approval calculated as follows:
1 dwelling unit x $7.65 /unit/qtr x 4 qtrs = $30.60
28. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface
water management expenses is due at the time of final plat approval calculated as follows:
1 dwelling unit x $7.00 /unit/qtr x 4 qtrs = $28.00
29. LANDSCAPING. The Developer must submit a revised landscape plan prior to City
Council consideration of the final plat to provide a staggered row of conifer (evergreen) trees along the
south side of the church parking lot that meets City zoning ordinance requirements. All landscaping must
be installed consistent with the approved landscape plan and City zoning ordinance requirements. 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. 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. Before the City signs the final plat, the
Developer must post an $8,000.00 security to guarantee installation and completion of the landscape
improvements.
30. TREE PRESERVATION. A security for tree preservation is required at the time of final
plat approval on an individual lot basis for each lot containing a "save" significant tree. The security is
$1,500.00 for each lot and $1,000.00 for each outlot containing a "save" significant tree and is calculated
as follows for MMR First Addition:
Lot Rate Total
Lot 1, Block 1 $1,500.00 $1,500.00
Outlot A $1,000.00 $1,000.00
157980v01 11 LKVL:MMR FIRST ADDITION
SRN:06 /07/2011 (Minneapolis Meeting Rooms, Inc.)
Outlot B $1,000.00
Total Tree Preservation Security
$1,000.00
$3,500.00
Prior to the issuance of a certificate of occupancy, the Developer's forester shall certify that all trees
designated to be saved on the tree preservation plan are saved or replaced in compliance with Subdivision
Ordinance requirements.
31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the May 26, 2011 Engineering
report.
B. Implementation of the recommendations of the Parks, Recreation, and Natural
Resources Committee.
D. Before the City signs the final plat, the Developer shall convey Outlot A to the City
by warranty deed, free and clear of any and all encumbrances. This land will be conveyed to the City at an
agreed upon price of $5,500.00 per acre as set forth in Paragraph 19 above.
E. The Developer intends to construct a 3,200 s.f. church on Lot 1, Block 1. Access to
the building will be from either of the two proposed driveway entrances along Idaho Avenue. No access
onto Dodd Boulevard from the site is permitted. The driveway designs must include a stop sign and stop
bar.
F. The parking lot must be constructed and striped according to the approved site plan.
G. Parking associated with any church assemblies will not be permitted on 212 Street.
H. The exterior building materials must comply with the approved exterior building
elevation plans.
I. Any signs must be in compliance with City zoning ordinance requirements.
J. Exterior lighting shall be downcast non -glare type fixtures and must meet City zoning
ordinance requirements.
157980v01 12 LKVL:MMR FIRST ADDITION
SRN:06 /07/2011 (Minneapolis Meeting Rooms, Inc.)
K. Any storage of trash must be located inside the church building. Any outdoor
storage of trash must be located in a trash enclosure subject to the requirements of the City zoning
ordinance and building permit requirements.
L. The private septic drain field easement must be vacated and removed from the title
to the property being final platted as MMR First Addition prior to recording the final plat.
M. The overhead utility lines along Dodd Boulevard (CSAH 9) must be placed
underground. The Developer must submit a cash escrow at the time of final plat approval to ensure that
the overhead utility lines are relocated when Dodd Boulevard (CSAH 9) is reconstructed in the future.
N. The two future single family Tots within Outlot B must be preliminary and final platted
prior to the construction of any single family homes.
O. Prior to City Council approval of the final plat, the Developer shall furnish a boundary
survey of the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The
Developer shall post a $300.00 security for the final placement of interior subdivision iron monuments at
property corners. The security was calculated as follows: 3 Tots /outlots at $100.00 per lot/outlot. The
security will be held by the City until the Developer's land surveyor certifies that all irons have been set
following site grading and utility and street construction. In addition, the certificate of survey must also
include a certification that all irons for a specific lot or outlot have either been found or set prior to the
issuance of a building permit for that lot or outlot.
P. 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 $225.00.
Q. The Developer shall be responsible for the cost of street Tight installation consistent
with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post
a security for street Tight installation consistent with the approved plan. The estimated amount of this
security is $1,800.00 and consists of two (2) post top streetlights at $900.00 each.
157980v01 13 LKVL:MMR FIRST ADDITION
SRN:06 /07/2011 (Minneapolis Meeting Rooms, Inc.)
R. The on -site signage and permanent markings associated with the MMR First
Addition development will be privately -owned and maintained by the Developer. Before the City signs the
final plat, the Developer must post a $500.00 security to ensure that all signs and pavement markings are
installed. A final certificate of occupancy will not be issued until the signs and pavement markings are
installed.
S. The Developer is required to submit the final plat in electronic format. The electronic
format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading,
utilities, streets) shall be in electronic format in accordance with standard City specifications. The
Developer shall also submit one complete set of reproducible construction plans on Mylar.
32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this agreement, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public and private improvements, and construction of all public
and private improvements, the Developer shall furnish the City with a letter of credit, in the form attached
hereto, from a bank ( "security ") for $132,793.71, plus a cash fee of $3,056.49 for City engineering
administration. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
Sanitary Sewer Construction $ 15,180.00
Watermain Construction 20,680.00
Storm Sewer /Draintile 12,646.00
Street 36,678.00
Site Grading /Erosion Control /Restoration /Grading Certification 16,999.00
CONSTRUCTION SUB -TOTAL $ 101,883.00
OTHER COSTS:
Developer's Design (6.0 %) $ 6,112.98
Developer's Construction Survey (2.5 %) 2,547.08
City Legal Expenses (Est. 0.5 %) 509.42
City Construction Observation (Est. 7.0 %) 7,131.81
Developer's Record Drawings (0.5 %) 509.42
On -site Private Signs and Pavement Markings 500.00
157980v01 14 LKVL:MMR FIRST ADDITION
SRN:06 /07/2011 (Minneapolis Meeting Rooms, Inc.)
157980v01
SRN:06 /07/2011
Landscaping
Tree Preservation
Street Lights
Lot Corners /Iron Monuments
OTHER COSTS SUB -TOTAL
TOTAL PROJECT SECURITIES:
Park Dedication
Traffic Control Signs
Street Light Operating Fee
Surface Water Management Utility Fee
City Base Map Updating
City Engineering Administration (3 %)
Trunk Storm Sewer Area Charge
Sanitary Sewer Availability Charge
Lateral Sanitary Sewer Access Charge
Lateral Watermain Access Charge
Future Upgrade of Adjacent Street (Dodd Blvd.)
8,000.00
3,500.00
1,800.00
300.00
$ 30,910.71
$ 132,793.71
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be
subject to the approval of the City Administrator. The City may draw down the security, without notice, for
any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the
required term. If the required public improvements are not completed at least thirty (30) days prior to the
expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall
be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and
financial obligations to the City have been satisfied, with City approval the security may be reduced from
time to time by ninety percent (90 %) of the financial obligations that have been satisfied. Ten percent
(10 %) of the amounts certified by the Developer's engineer shall be retained as security until all
improvements have been completed, all financial obligations to the City satisfied, the required "as
constructed" plans have been received by the City, a warranty security is provided, and the public
improvements are accepted by the City Council. The City's standard specifications for utility and street
construction outline procedures for security reductions.
33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City at the time of final plat approval:
$ 4,747.00
915.20
30.60
28.00
225.00
3,056.49
8,997.13
To be Paid w /Bldg. Permit
3,997.99
3,936.48
8,944.47
15 LKVL:MMR FIRST ADDITION
(Minneapolis Meeting Rooms, Inc.)
Future Trail Construction
Future Burial of Overhead Utility Lines
Credit for Deeding Outlot A to the City
TOTAL CASH REQUIREMENTS
1,305.98
To Be Determined
(3,135.00)
$ 33,049.34
34. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10 %) of the security posted by the Developer until
the maintenance bonds are furnished the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City's standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
35. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it
or the City in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection
with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and inspecting development of
the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
157980v01 16 LKVL:MMR FIRST ADDITION
SRN:06 /07/2011 (Minneapolis Meeting Rooms, Inc.)
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Contract, including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more Tots, the entire
plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of eighteen percent (18 %) per year.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as but not limited to sewer availability charges ( "SAC "),
City water connection charges, City sewer connection charges, and building permit fees.
36. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not 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.
37. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the
City may, at its option, refuse to allow construction or development work in the plat until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
157980v01 17 LKVL:MMR FIRST ADDITION
SRN:06 /07/2011 (Minneapolis Meeting Rooms, Inc.)
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of
a certificate of occupancy, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private
streets prior to issuance of a certificate of occupancy.
F. If building permits are issued prior to the acceptance of public improvements, the
Developer assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors, material
men, employees, agents, or third parties. No sewer and water connections or inspections may be
conducted and no one may occupy a building for which a building permit is issued on either a temporary or
permanent basis until the streets needed for access have been paved with a bituminous surface and the
utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the
property. The Developer covenants with the City, its successors and assigns, that the Developer is well
seized in fee title of the property being final platted and /or has obtained consents to this Contract, in the
form attached hereto, from all parties who have an interest in the property; that there are no unrecorded
interests in the property being final platted; and that the Developer will indemnify and hold the City
harmless for any breach of the foregoing covenants.
157980v01 18 LKVL:MMR FIRST ADDITION
SRN:06 /07/2011 (Minneapolis Meeting Rooms, Inc.)
I. Developer shall take out and maintain or cause to be taken out and maintained until
six (6) months after the City has accepted the public improvements, public liability and property damage
insurance covering personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each
occurrence; limits for property damage shall be not Tess than $200,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on
the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be
given ten (10) days advance written notice of the cancellation of the insurance.
J. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
K. The Developer may not assign this Contract without the written permission of the
City Council. The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it.
L. Retaining walls that require a building permit shall be constructed in accordance with
plans and specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City
Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and
specifications. All retaining walls identified on the development plans or by special conditions referred to in
this Contract shall be constructed before any other building permit is issued for a lot on which a retaining
wall is required to be built.
157980v01 19 LKVL:MMR FIRST ADDITION
SRN:06 /07/2011 (Minneapolis Meeting Rooms, Inc.)
38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 16849 Interlachen Court, Lakeville, Minnesota 55044. Notices to the City shall be in
writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in
care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue,
Lakeville, Minnesota 55044.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
157980v01 20 LKVL:MMR FIRST ADDITION
SRN:06 /07/2011 (Minneapolis Meeting Rooms, 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
157980v01 21 LKVL:MMR FIRST ADDITION
SRN:06 /07/2011 (Minneapolis Meeting Rooms, Inc.)
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2011, by the of
Minneapolis Meeting Rooms, Inc., a Minnesota corporation, on behalf of the corporation.
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
RNK:srn
DEVELOPER:
MINNEAPOLIS MEETING ROOMS, INC.
BY: I .�r e....11f
Its Se_cre-{-ar� — MGM fZ
NOTARY PUBLIC
157980v01 22 LKVL:MMR FIRST ADDITION
SRN:06 /07/2011 (Minneapolis Meeting Rooms, Inc.)
WARRANTY DEED
Corporation or Partnership to Corporation or Partnership
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
( ) filed ( ) not required
Certificate of Real Estate Value No.
By
,2
County Auditor
STATE DEED TAX DUE HEREON: $1.65 (reserved for recording data)
DATED: , 2011
FOR VALUABLE CONSIDERATION, MINNEAPOLIS MEETING ROOMS, INC., a Minnesota
corporation, Grantor, hereby conveys and warrants to the CITY OF LAKEVILLE, a municipal corporation under
the laws of the State of Minnesota, Grantee, real property in Dakota County, Minnesota, described as follows:
Outlot A, MMR FIRST ADDITION, according to the recorded plat thereof,
Dakota County, Minnesota,
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
(NONE)
THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE ABOVE DESCRIBED REAL PROPERTY.
THE TOTAL CONSIDERATION FOR THIS TRANSFER
IS LESS THAN $500.00.
AFFIX DEED TAX STAMP HERE
STATE OF TVI
COUNTY OF DA 1
( ss.
The foregoing instrument was acknowledged before me this 24V day of '� , 2011,
by - ' &tZ i2-- /Cac%QALl, and the
(` {,,Qpn / and of Minneapolis Meeting
Rooms, Inc., a Minnesota corporation, on behalf of the corporation.
(NOTARY SEAL)
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, MN 55121
Telephone: (651) 452 -5000
SRN:ms
158016v01
SRN:06 /08/2011
Deputy
(if more space is needed, continue on back)
MINNEAPOLIS MEETING ROOMS, INC.
BY:
Its S 2.c.re -oar j M M (L
AND
Its
Signature of Pffson Taking Acknowledgment
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO (INCLUDE NAME AND ADDRESS OF
GRANTEE):
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
LKVL: MMR FIRST ADDITION
(Outlot A — Wetland & Stormwater Treatment Basin)
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Planning Commission Meeting
June 2, 2011
Page 4
of the Crescent Ridge 2nd Addition development is to install watermain and
pave that portion of 195th Street.
• The Planning Commission agreed to amend Stipulation 2 of the May 26, 2011
planning report to read:
"The 190th Street /Holyoke Avenue /Highview Avenue intersection
design must be re- evaluated with the preliminary plat of the subject
property."
Mr. Morey indicated that he will revise his memo prior to City Council
consideration.
11.29 Motion was made and seconded to recommend to City Council approval of an
amendment to the Staged MUSA Expansion Areas and 2030 Land Use Plan maps of
the 2008 Comprehensive Land Use Plan to bring property from Urban Reserve into
the Current MUSA and to re -guide property from Special Plan Area to Low Density
Residential, and a Zoning Map amendment to rezone property from RA,
Rural /Agricultural District to RS-3, Single Family Residential District, subject to the
following 2 stipulations, as amended, and adoption of the Findings of Fact dated
June 2, 2011:
1. Approval of a preliminary plat is required for the portion of the property
subject to the Comprehensive Plan and Zoning Map amendments.
2. The 190th Street/ Holyoke Avenue / Highview Avenue intersection design
must be re- evaluated with the preliminary plat of the subject property.
Ayes: Lillehei, Davis, Maguire, Grenz, Drotning, Boerschel.
Nays: 0
ITEM 6. MINNEAPOLIS MEETING ROOMS, INC.
Chair Davis opened the public hearing to consider the application of Minneapolis
Meeting Rooms, Inc. for the following, located north of 212th Street and west of
Dodd Boulevard (CSAH 9): A. Preliminary and final plat of one institutional lot
and two outlots to be known as MMR First Addition; B. Conditional Use Permit for
a church in the RS-2, Single Family Residential District and to consider an exception
to the exterior building finish requirements for an institutional use; C. Vacation of a
public street, drainage and utility easement. The Recording Secretary attested that
the legal notice had been duly published in accordance with State Statutes and City
Code.
Planning Commission Meeting
June 2, 2011
Page 5
Jerry Holman, a resident of Lakeville and a member of the Minneapolis Meeting
Rooms Church, presented an overview of the project. Mr. Holman indicated that
their current church in Richfield at 74th Street and Lyndale Avenue is currently up
for sale. He showed the site plan and explained that the building and parking are
located where they are because of the screen of trees that are currently on the west
side of the property, which will all be saved except for one. Mr. Holman stated that
they have dedicated land for the future expansion of Dodd Boulevard and a future
trail. They will only be using the church for religious purposes and not as a day
care facility. He indicated that the proposed architecture was designed to fit into
the neighborhood.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the church will have access to their property from a public street (Idaho
Avenue) that will be privately maintained (snow plowing) until Outlot B develops
or Idaho Avenue is extended. Regarding Stipulation 10, Mr. Dempsey explained
that there currently are no plans for an outdoor trash enclosure.
Mr. Dempsey discussed the potential re -use of the property. He stated that if this
particular church no longer occupied this building, it could be used by another
church subject to the stipulations of the conditional use permit and without any
further zoning approvals. He also indicated that the church property could
possibly be subdivided for two single family homes.
Mr. Dempsey stated that should the Planning Commission recommend approval of
the preliminary and final plat, conditional use permit and easement vacation,
Planning Department staff recommends approval subject to the 16 stipulations
listed in the May 26, 2011 planning report, and adoption of the Findings of Fact
dated June 2, 2011.
Chair Davis opened the hearing to the public for comment.
There were no comments from the audience.
11.30 Motion was made and seconded to close the public hearing at 6:41 p.m.
Ayes: Davis, Maguire, Grenz, Drotning, Boerschel, Lillehei.
Nays: 0
Chair Davis asked for comments from the Planning Commission. Discussion points
were:
• Commissioner Grenz asked why a cul -de -sac isn't being installed at the end
of Idaho Avenue. Mr. Dempsey responded that a temporary dead end road
Planning Commission Meeting
June 2, 2011
Page 6
is allowed by ordinance in situations where the road serves two or fewer
lots, as is the case here. The City will not be plowing this road until it is
extended in the future, so there does not need to be a turnaround for a
snowplow.
• There was further discussion regarding Idaho Avenue. This road will be
used exclusively by the church until such time that Outlot B develops or
Idaho Avenue is extended to the north with the redevelopment of the
properties to the north and west. The road will be built to City standards but
snow removal will be done by the church. Maintenance other than
snowplowing will be done by the City. The church's maintenance
responsibilities for the road will be spelled out in the development contract.
• Commissioner Grenz asked to see a rendering of the back and sides of the
church building. Exhibit K was shown.
• There was a discussion regarding which lot the church should be built on.
Commissioner Drotning felt that the church should be constructed on the
east side of the property, fronting on Dodd Boulevard, to provide greater
visibility from the main thoroughfare and the ability to construct an
expansion in the future. Locating the church on the east side of the property
would also allow the future single family lots to be in a more desirable
location away from the traffic on Dodd Boulevard.
• Commissioner Lillehei clarified that in the first sentence of the second
paragraph on page 1 of the May 26, 2011 planning report, it should read
Outlot B, not A. Mr. Dempsey indicated that he will make this change to his
report prior to the City Council meeting.
• Chair Davis confirmed that given the number of parking spaces proposed to
be constructed, 102 persons will be the maximum occupancy for the church.
• It was agreed by the Planning Commission that Stipulation 10 will be
amended to read:
"In the absence of an outdoor trash enclosure, the storage of trash
shall be located..."
• Commissioner Boerschel asked if the pond in Outlot A will be constructed at
the same time as the church. Mr. Dempsey stated that the pond will be
constructed with the development of the church site. The pond is being
constructed to also accommodate the two single family homes to be
constructed in the future on Outlot B.
• Commissioner Boerschel asked if the pond will help alleviate any existing
storm water drainage problems to the south. Mr. Johnson explained that
the pond will handle storm water drainage for this plat only. Rate control
and pre - treatment for the site will be provided. The pond is not being
Planning Commission Meeting
June 2, 2011
Page 7
designed to accommodate storm water drainage issues for the existing single
family homes to the south.
• Commissioner Maguire commented on the lack of windows and doors and
asked about the reasoning for this. Mr. Holman indicated that they have not
had many windows on their other church buildings and they don't feel they
need to add more for this building.
• Referring to the e-mails that were sent to the City, Mr. Dempsey explained
the Zoning Ordinance allowance for church uses in residential districts by
requesting a conditional use permit.
• Commissioner Drotning was uncomfortable with the church not having a
sign to help people find the building since it will not be located directly
adjacent to Dodd Boulevard.
• Commissioner Boerschel asked the City Attorney her opinion as to whether
the Planning Commission can require an alternate location for the church
within the plat. Ms. Poehler indicated that if this request meets the criteria of
the Zoning and Subdivision Ordinances, there is no legal standing to require
an alternate location for the church.
• Mr. Morey added that having the church on the west side of the property
will limit the size of the building, which is appropriate for a smaller church
located within a low density residential neighborhood.
• Commissioner Drotning stated that given the comments provided by the
City Attorney and Mr. Morey he can support construction of the church in
the proposed location.
11.31 Motion was made and seconded to recommend to City Council approval of a
preliminary and final plat of one institutional lot and two outlots to be known as
MMR First Addition, a Conditional Use Permit for a church in the RS-2, Single
Family Residential District and to allow an exception to the exterior building finish
requirements for an institutional use, and vacation of a public street, drainage and
utility easement, subject to the following 16 stipulations, as amended, and adoption
of the Findings of Fact dated June 2, 2011:
1. The recommendations listed in the Engineering Department memorandum
dated May 26, 2011.
2. The recommendations of the Parks, Recreation and Natural Resources
Committee.
3. Submit a revised landscape plan prior to City Council consideration to
provide a staggered row of conifer (evergreen) trees along the south side of
the church parking lot that meets Zoning Ordinance requirements.
Landscaping shall be installed consistent with the approved landscape plan
and Zoning Ordinance requirements. A financial security of $8,000 shall be
Planning Commission Meeting
June 2, 2011
Page 8
required with the final plat to guarantee installation and completion of the
landscape improvements.
4. The parking lot shall be constructed and striped according to the approved
site plan.
5. Parking associated with any church assemblies shall not be permitted on
212th Street.
6. The exterior building materials shall comply with the approved exterior
building elevation plans.
7. Park dedication requirements shall be satisfied as a cash fee in lieu of land
subject to review by the Parks, Recreation and Natural Resources Committee
and approval of the City Council.
8. Any signs shall be in compliance with Zoning Ordinance requirements.
9. Exterior lighting shall be downcast non -glare type fixtures and shall meet the
requirements of the Zoning Ordinance.
10. In the absence of an outdoor trash enclosure, the storage of trash shall be
located inside the church building. Any outdoor storage of trash shall be
located in a trash enclosure subject to the requirements of the zoning
Ordinance and building permit requirements.
11. The private septic drain field easement shall be vacated and removed from
the property title prior to recording to the MMR First Addition final plat.
12. Overhead utility lines along Dodd Boulevard (CSAH 9) shall be placed
underground. The developer shall submit a cash fee prior to City Council
consideration of the preliminary and final plat to ensure that the overhead
power lines are relocated when Dodd Boulevard (CSAH 9) is reconstructed
in the future.
13. A cash escrow shall be submitted for a future trail along Dodd Boulevard
(CSAH 9)
14. Outlot A shall be deeded to the City with the final plat.
15. Two future single family residential lots within Outlot B must be preliminary
and final platted prior to the construction of any single family homes.
16. Easement vacation subject to the recording of the MMR First Addition final
plat.
Ayes: Maguire, Drotning, Boerschel, Lillehei, Davis.
Nays: Grenz. Commissioner Grenz felt that the church should be located on Outlot
B adjacent to Dodd Boulevard and the future single family lots
should be where the church is proposed to be located to make them
higher quality lots.
There being no further business, the meeting was adjourned at 7:09 p.m.
Parks, Recreation & Natural Resources Committee Meeting Minutes, June 1, 2011 Page 2
EM 6 Minneapolis Meeting Rooms First Addition preliminary and final plat
Minneapolis Meeting Rooms submitted a preliminary and final plat for the purpose of constructing a
church facility. The church will consist of one lot on approximately 2.9 acres and associated parking
areas. An additional outlot will be used for future development to construct up to three single- family
homes. After review of the Parks, Trails and Open Space System Plan, there are no public park areas
planned in this area.
(11.14) Motion made by Kelly, seconded by Zell to recommend City Council consider approval
of Minneapolis Meeting Rooms First Addition preliminary and final plat and require the development to
pay one residential lot park dedication fee of $4,747. A future 10 -foot wide trail is proposed along the
west side of Dodd Boulevard. A cash escrow for the future trail construction shall be paid at the time
of final plat. The developer will be responsible for 5/8 the estimated trail construction costs
calculated as follows: $4,380 x 5/8 x 34,390 s.f./72,086 s.f. = $1,305.98. The developer will also be
100% responsible for rough grading and restoration of the trail area. The remainder of the cash fee
for the future trail construction shall be paid at the time of final plat approval when Outlot B develops
and based on a cost estimate provided by the developer at that time.
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 -7 Nays -0
ITEM 7 Unfinished business
There were no items to discuss.
ITEM 8 New business
Peterson reported that she attended the presentation to seniors at the Arts Center on May 23 and it
was very informative.
Hayes attended the flower planting at the Veterans Memorial as well as the Memorial Day service.
Both went well.
ITEM 9 Announcements
Next Parks, Recreation & Natural Resources Committee meeting, June 15, 2011
ITEM 10 Adjourn
Meeting adjourned at 6:54 p.m.
R-spe
il
submitt
fit,
Patty Ruedy, Recording Secretary
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V
A 1 1 1ST:
Scott Kelly, it
Dempsey, Frank
From: Mike Glimsdahl [mglimsdahl @frontiernet.net]
Sent: Tuesday, May 31, 2011 4:05 PM
To: Dempsey, Frank
Subject: Public Hearing Notice- CSAH 9
I'm writing to express my disapproval of building a church in the middle of a residential neighborhood. My
house backs up to Dodd Ave, which is already a very busy road. There are a couple of hills and no
shoulder on this section of Dodd and it doesn't seem very safe to add the traffic a church would create.
Thank you,
Miranda Glimsdahl
21153 Ibis Ave
Lakeville, MN 55044
952 - 469 -4473
6/27/2011
Page 1 of 1
Memorandum
To: Planning Commission
From: Frank Dempsey, Associate Planner
Date: May 26, 2011
Subject: Packet Material for the June 2, 2011 Planning Commission Meeting
Agenda
Item: MMR First Addition
INTRODUCTION
City of Lakeville
Planning Department
1. Preliminary and final plat of one institutional lot and two outlots to
be known as MMR First Addition.
2. Conditional use permit for a church in the RS -2, Single Family
Residential District and to consider an exception to the exterior
building finish requirements for an institutional use.
3. Vacation of a public street, drainage and utility easement.
Application Action Deadline: August 11, 2011
Representatives of Minneapolis Meeting Rooms, Inc. have submitted applications and
development plans for the construction of a church on a 2.9 acre property located north
of 212 Street and west of Dodd Boulevard (CSAH 9). The plans propose a 3,200
square foot, 72 seat church. A church is considered an institutional use in the RS -2,
Single Family Residential District and is allowed by conditional use permit.
The preliminary and final plat plans identify two future single family residential lots on
Outlot B. Future development of the residential lots will require the developer to obtain
preliminary and final plat approval prior to the issuance of a building permit for those
lots.
The plans have been distributed to the Engineering Department, Parks, Recreation
and Natural Resources Committee and the Dakota County Plat Commission for review.
EXHIBITS
A. Zoning and Location Map
B. Aerial Photo Map
C. Topographical Survey and Tree Preservation Plan
D. Boundary Survey and Easement Vacation Plan
E. Preliminary Plat
F. Site Layout and Landscape Plan
G. Ghost Plat
H. Grading, Drainage and Utility Plans (2 Pages)
I. Final Plat
3. Floor Plan
K. Building Elevation Plans (2 Pages)
L. Neighborhood Meeting Notes
M. May 13, 2011 Dakota County Plat Commission Letter
N. Neighborhood Resident Email dated May 19, 2011
PLANNING ANALYSIS
PRELIMINARY AND FINAL PLAT
Existing Conditions. The property is a 2.9 acre undeveloped parcel with mature
trees and turf. The property includes the 5,662 square foot Outlot A, Wild Meadow
Villas created with the Wild Meadow Villas final plat in 2002. Outlot A of Wild Meadow
Villas was originally intended to be combined with a part of the subject metes and
bounds property for a future single family residential lot in the event that the metes
and bounds described parcel was platted into single family residential lots along 212
Street. Minneapolis Meeting Rooms, Inc. purchased the outlot from the Wild Meadow
Villas developer and is proposing to include it in MMR First Addition plat.
The existing metes and bounds described property was subdivided by a previous
property owner without City approval. This was not uncommon approximately 30
years ago before Dakota County began requiring City approval prior to recording a
property subdivision.
There are overhead power lines along Dodd Boulevard (CSAH 9) that are required to
be buried when Dodd Boulevard (CSAH 9) is upgraded. A cash escrow for the
overhead utility burial is required to be submitted by the applicant as a condition of
preliminary and final plat approval.
2
Adjacent Land Uses.
North: Large single family residential parcels (RS -2 District)
South: Wild Meadow Villas single family homes (RST -2 District)
East: Dodd Boulevard (CSAH 9) and single family homes (RS -3 District)
West: Large single family residential parcels (RS -2 District)
Ghost Plat. A ghost plat has been submitted by the applicant showing a conceptual
single family lot layout for the properties that lie adjacent to the subject property.
The proposed MMR First Addition is the first plat to be located within the area of the
ghost plat north of Wild Meadow Villas first drafted with the Wild Meadow Villas plat
in 2002. The proposed local street (Idaho Avenue) to be constructed with MMR First
Addition will be the first phase of a network of local streets that will serve the
properties to the north and west as they develop into smaller single family residential
lots. Idaho Avenue will eventually connect to 210 Street to the north. The timing
of development in other areas of the ghost plat is generally at the discretion of the
owner or owners of the those properties in the ghost plat area.
Streets. The subject site abuts Dodd Boulevard (CSAH 9) to the east and 212
Street to the south. Dodd Boulevard (CSAH 9) is a minor arterial road as designated
by the Transportation Plan. The church will have access to their property from a
public street (Idaho Avenue) that will be constructed by the developer north of 212
Street to the north property boundary. The two church driveways onto Idaho
Avenue meet the separation requirements for access to a local street.
212 Street is a minor collector street which is operating within design capacity. The
proposed church and future low density residential development north of the church
property with future street connections to 212 Street will not overburden the
capacity of 212 Street or other local streets in the area.
The final plat will include the dedication of 60 feet of west half right -of -way along
Dodd Boulevard (CSAH 9) consistent with Subdivision Ordinance requirements and as
stipulated by Dakota County. Street or driveway access is not allowed onto Dodd
Boulevard (CSAH 9) from the property within this plat. The Dakota County Plat
Commission reviewed the preliminary and final plat at their May 9, 2011 meeting.
Sidewalks /Trails. There are no sidewalks located in the existing Wild Meadow
Villas plat or on the west side of Dodd Boulevard (CSAH 9). No new sidewalk is
being constructed with the MMR First Addition preliminary and final plat. A future
trail will be constructed along the west side of Dodd Boulevard (CSAH 9) when Dodd
Boulevard (CSAH 9) is upgraded in the future.
3
Outlots. There are two outlots associated with the MMR First Addition plat. Outlot
A is 0.568 acres and will be deeded to the City for stormwater management
purposes. Outlot B is 0.865 acres and will be retained by the developer for future
development.
Lot Requirements. The MMR First Addition preliminary and final plat property is
zoned RS -2, Single Family Residential District and RST -2, Single and Two Family
Residential District which will be included in Outlot A and deeded to the City. The
proposed area of Lot 1, Block 1 is 34,390 square feet or 0.789 acres. The minimum
lot size in the RS -2 District is 15,000 square feet for an interior lot. Minimum lot
width is 100 feet for an interior lot. The church lot meets the lot area and lot width
requirements. The lot area and lot width identified on Outlot B would allow for two
future single family residential Tots that would meet the lot area and lot width
requirements in the RS -2 District.
Setbacks. The table below illustrates setbacks that would be required of the church
and two future single family residential lots in the RS -2 District:
The proposed MMR First Addition meets the RS -2 District setback requirements.
Landscaping. The developer has submitted a landscape plan for the subject site.
Plantings are consistent with the size requirements established by the Zoning
Ordinance. The design of the landscape plan is also consistent with the
recommendations outlined in the Corridor & Gateway Design Study for property that
abuts major corridors such as Dodd Boulevard (CSAH 9). Minimum eight foot tall
spruce or fir trees planted in a staggered row will be installed within the buffer yard
area according to Zoning Ordinance requirements at the time of development of
4
Front
Sides
Rear
Lot Depth
Buffer Yard
Church
Required
30ft
30ft
30ft
N/A
N/A
Church
Proposed
30ft
30 ft
32ft
N/A
N/A
SF Home
Required
(Lot 1)
30ft
15ft
N/A
170ft
70ft
SF Home
Proposed
(Lot 1)
30ft
15 ft
N/A
224ft
144ft
SF Home
Required
(Lot 2)
30ft
15ft
30ft
N/A
N/A
SF Home
Proposed
(Lot 2)
30ft
15ft
30ft to
67ft
N/A
N/A
Outlots. There are two outlots associated with the MMR First Addition plat. Outlot
A is 0.568 acres and will be deeded to the City for stormwater management
purposes. Outlot B is 0.865 acres and will be retained by the developer for future
development.
Lot Requirements. The MMR First Addition preliminary and final plat property is
zoned RS -2, Single Family Residential District and RST -2, Single and Two Family
Residential District which will be included in Outlot A and deeded to the City. The
proposed area of Lot 1, Block 1 is 34,390 square feet or 0.789 acres. The minimum
lot size in the RS -2 District is 15,000 square feet for an interior lot. Minimum lot
width is 100 feet for an interior lot. The church lot meets the lot area and lot width
requirements. The lot area and lot width identified on Outlot B would allow for two
future single family residential Tots that would meet the lot area and lot width
requirements in the RS -2 District.
Setbacks. The table below illustrates setbacks that would be required of the church
and two future single family residential lots in the RS -2 District:
The proposed MMR First Addition meets the RS -2 District setback requirements.
Landscaping. The developer has submitted a landscape plan for the subject site.
Plantings are consistent with the size requirements established by the Zoning
Ordinance. The design of the landscape plan is also consistent with the
recommendations outlined in the Corridor & Gateway Design Study for property that
abuts major corridors such as Dodd Boulevard (CSAH 9). Minimum eight foot tall
spruce or fir trees planted in a staggered row will be installed within the buffer yard
area according to Zoning Ordinance requirements at the time of development of
4
Outlot A into single family residential lots. The notes on the landscape plan indicate
that in- ground irrigation will be installed as required by the Zoning Ordinance for all
landscaped areas of the church property. Additional evergreen tree screening is
recommended to enhance the proposed screening south of the church parking lot
and near the south property line adjacent to 212 Street. This will provide additional
screening between the parking lot and the single family homes south of 212 Street.
Tree Preservation. The tree preservation plan identifies 23 significant trees within
the area proposed to be impacted by the construction of the church, street and
stormwater basin. Of these significant trees, 22 (96 %) are proposed to be saved.
The proposed landscape plan identifies the planting of 8 new spruce trees on church
property. Four existing trees will be relocated with the development.
Private Easement. The private septic drain field easement noted on the survey
must be vacated. The vacation document shall be recorded on the property in
advance of the final plat.
CONDITIONAL USE PERMIT
Purpose of the Conditional Use Permit. The Zoning Ordinance states the
purpose of a conditional use permit as follows:
The purpose of a conditional use permit is to provide the city with a reasonable
degree of discretion in determining the suitability of certain designated uses upon
the general welfare, public health and safety. In making this determination,
whether or not the conditional use is to be allowed, the city may consider the
nature of the adjoining land or buildings, the effect upon traffic into and from the
premises, or on any adjoining roads, and all other or further factors as the city
shall deem a prerequisite of consideration in determining the effect of the use on
the general welfare, public health and safety.
Anticipated Typical Church Assembly Days and Times. While the church will not
be subject to restrictions on specific hours or days for church assembly, the
Minneapolis Meeting Rooms representatives have provided an estimated schedule that
reflects when their assemblies will typically occur:
Sundays: Typically 6:00 - 6:45 AM — Occasionally at other times during the day
with the latest likely being 4:30 PM - 5:30 PM
Monday — Friday: Typically 7:30 PM - 8:30 PM
Saturday: Typically 10:00 AM - 11:00 AM
5
Off - Street Parking. Section 11 -19 -13 of the Zoning Ordinance requires that
churches (classified as religious institutions) less than 1,000 seats in the main
assembly area provide a minimum of one parking space for each 3 seats of design
capacity of the main assembly area. The Zoning Ordinance requires 24 parking
spaces for the 72 seats in the main assembly area. There will be 34 parking spaces
provided. The 34 parking spaces will allow a maximum building occupancy of 102
persons in the main assembly area provided there are no other activities in the
church during services or other assemblies in the main assembly hall. The church
representatives have agreed to the limitation of assembly occupancy in the building
to 102 persons and this will be stipulated in the conditional use permit. Church
parking will not be permitted on 212 Street.
The parking lot complies with the required setbacks of 15 feet from public rights -of-
way and five feet from interior lot lines. Parking spaces and drive aisle dimensions
conform to Zoning Ordinance requirements for the surface parking spaces.
Building Floor Plans. The proposed church will include 72 seats in the main
assembly area and a 955 square foot gathering area near the entry and rest rooms.
Building Exterior Materials. The exterior of the church building is proposed to
include a stone wainscot (Grade A), cement board siding (Grade C) and an asphalt
shingle roof. The developer has designed the building and the exterior to be compatible
with the single family residential neighborhood.
Section 11 -17 -9D of the Zoning Ordinance states that commercial, office and
institutional uses, of which churches are included, provide exterior finishes composed
of at least sixty five percent (65 %) grade A materials; not more than thirty five
percent (35 %) grade B or grade C material and not more than ten percent (10 %)
grade D materials (excluding windows, doors or roof area).
The Zoning Ordinance allows for an exception from the architectural requirements
subject to the approval of a conditional use permit. The criteria required for the
exception is listed in 11 -17 -9G of the Zoning Ordinance as follows:
1. The use is an essential service as defined by this title; or
2. The applicant shall have the burden of demonstrating that:
a. The proposed building maintains the quality in design and materials intended
by this title.
The use of masonry and cement board exterior building materials is
consistent with an institutional use in a low density residential neighborhood
6
and in keeping with the residential character of the neighborhood, meeting
the intent of the Zoning Ordinance.
b. The proposed building design and materials are compatible and in harmony
with other structures within the district.
The applicant has indicated that the small area and profile of the church
building and the residential character of the neighborhood justifies the
proposed exterior building materials.
c. The justification for deviation from the requirements of this section shall not
be based on economic considerations.
The exterior design of the 3,200 square foot low profile church building is
intended to compliment and blend into the predominant architecture of the
residential neighborhood.
The architectural materials summary for the proposed exterior of the church building
is as follows:
South facade — 34% stone, 66% fiber cement board
East facade — 31% stone, 69% fiber cement board
North facade — 2% stone, 98% fiber cement board
West facade — 3% stone, 97% fiber cement board
Overall facades — 16% stone, 84% fiber cement board
The architectural design and low profile of the proposed 3,200 square foot building is
consistent and compatible with the residential character of the neighborhood given
the location and setting of the building.
Building Height. Section 11- 17 -7.B of the Zoning Ordinance establishes a
maximum 35 foot building height for structures in the RS -2 District. The height of
the proposed church building is 17 feet measured to the mid -point of the roof as
defined by the Zoning Ordinance.
Signs. Minneapolis Meeting Rooms proposes to have no signage on the property or
on the building. Any future request for signage would require compliance with the
Zoning Ordinance.
Exterior Lighting. No parking lot lighting is proposed. A post -top street light
consistent with the street lights in the Wild Meadow Villas neighborhood is proposed
to be located next to the driveway entrances to the church. The developer has not
indicated that any building mounted lighting is proposed. The Zoning Ordinance
requires that exterior light sources be downcast and shielded and not exceed one
foot candle of illumination at the property line.
7
Trash Enclosure. Any outdoor trash containers are required to be stored in an
enclosure with a gate as required by the Zoning Ordinance. The Minneapolis
Meeting Rooms Church does not propose outdoor storage of trash containers.
Park Dedication. Platting of the subject site requires park dedication requirements
be met. The developer is required to pay one single family residential unit of park
dedication. No land dedication is identified in the Park and Open Space Plan for this
area. The Parks, Recreation and Natural Resources Committee will review the MMR
First Addition preliminary and final plat at their June 1, 2011 meeting. Their
comments will be forwarded to the Planning Commission at the public hearing.
Grading, Drainage and Utility Plans. The developer has submitted plans for
grading, drainage, erosion control and utilities related to development of the subject
site. The plans have been reviewed by the Engineering Department. A copy of the
memorandum prepared by Mark Duchene, Development Design Engineer and Mac
Cafferty, Environmental Resources Coordinator and dated May 26, 2011 is attached.
Future Residential Lots. The preliminary plat plans show two possible future
single family residential lots on Outlot B. While the church has no immediate plans
to final plat these two lots, the plans do show that Outlot B can be subdivided into
two single family residential lots that would meet lot width, lot area and setback
requirements of the RS -2, Single Family Residential District. Since the preliminary
plat for the two future lots is not being approved with this preliminary and final plat,
the developer of the two lots will have to receive preliminary and final plat approval
prior to beginning development of Outlot B.
Future Needs of the Church. The Minneapolis Meeting Rooms representatives
have indicated that they do not plan to expand the proposed 3,200 square foot
church building or the property. In the event that an expansion was proposed by
Minneapolis Meeting Rooms or any future owner of the property, a conditional use
permit amendment would be required.
Potential Reuse of Church Property. In the event that Minneapolis Meeting
Rooms were to discontinue the use of Lot 1, Block 1 as a church and in the event
that another church did not occupy the building, the church property and parking lot
could be redeveloped into two single family residential lots and meet the required lot
width and lot area requirements of the RS -2, Single Family Residential District. If
another church were to occupy the building, that church would be subject to the
stipulations of the approved conditional use permit.
Easement Vacations. A street, drainage and utility easement was dedicated to the
City for a 1,410 square foot triangle on the subject property as a condition of the
approval of Wild Meadow Villas in 2002 to allow the construction and maintenance of
212 Street. The final plat of MMR First Addition includes the vacation of this
8
easement with the platting of public street right -of -way and 10 foot wide boundary
drainage and utility easements in its place as required by Section 10 -4 -4 of the
Subdivision Ordinance.
All utility companies with a potential interest in the easement vacation were notified
of the public hearing. There has been no opposition expressed by the utility
companies of the proposed easement vacation.
The survey identifies a private septic drain field easement in favor of the property
north of and adjacent to the MMR First Addition plat. This easement was previously
used for a septic drain field but is no longer in use. The developer has obtained the
necessary signed paper work from the owner of the property to the north to allow
the private easement to be vacated.
Dakota County Plat Commission. The Dakota County Plat Commission reviewed
the preliminary and final plat at their May 9, 2011 meeting to review the plat plans
subject to the Contiguous Plat Ordinance of Dakota County since the plat property is
adjacent to Dodd Boulevard (CSAH 9). The Plat Commission has indicated that they
will recommend approval to the Dakota County Board. The Plat Commission made a
recommendation that the right turn lane along Dodd Boulevard (CSAH 9) be
considered for extension with the MMR First Addition preliminary and final plat. City
staff considers the proposed church to have minimal effect on overall traffic that
turns right from Dodd Boulevard (CSAH 9) onto 212 Street that an extension to the
right turn lane would not be justified at this time.
Neighborhood Meeting. The developer hosted a neighborhood meeting on March
29, 2011 to provide residents and property owners near the subject site an
opportunity to learn about the proposed development and ask questions. The
neighborhood meeting was attended by 20 to 25 residents from the Wild Meadow
Villas neighborhood. The notes from the neighborhood meeting are attached to the
planning report as Exhibit L.
RECOMMENDATION
The proposed Minneapolis Meeting Rooms Church preliminary and final plat,
conditional use permit and easement vacation are consistent with the Zoning
Ordinance requirements and Comprehensive Plan. The project will be compatible
with the surrounding low density residential character of the neighborhood provided
compliance with the staff recommended stipulations and other performance
standards of the Zoning Ordinance. City staff recommends approval of the
applications based on the findings of fact presented to the Planning Commission and
subject to the following stipulations:
9
1. The recommendations listed in the Engineering Department memorandum
dated May 26, 2011.
2. The recommendations of the Parks, Recreation and Natural Resources
Committee.
3. Submit a revised landscape plan prior to City Council consideration to provide
a staggered row of conifer (evergreen) trees along the south side of the
church parking lot that meets Zoning Ordinance requirements. Landscaping
shall be installed consistent with the approved landscape plan and Zoning
Ordinance requirements. A financial security of $8,000 shall be required with
the final plat to guarantee installation and completion of the landscape
improvements.
4. The parking lot shall be constructed and striped according to the approved sie
plan.
5. Parking associated with any church assemblies shall not be permitted on 212
Street.
6. The exterior building materials shall comply with the approved exterior
building elevations plans.
7. Park dedication requirements shall be satisfied as a cash fee in lieu of land
subject to review by the Parks, Recreation and Natural Resources Committee
and approval of the City Council.
8. Any signs shall be in compliance with Zoning Ordinance requirements.
9. Exterior lighting shall be downcast non -glare type fixtures and shall meet the
requirements of the Zoning Ordinance requirements.
10. The storage of trash shall be located inside the church building. Any outdoor
storage of trash shall be located in a trash enclosure subject to the
requirements of the Zoning Ordinance and building permit requirements.
11. The private septic drain field easement shall be vacated and removed from
the property title prior to recording of the MMR First Addition final plat.
12. Overhead utility lines along Dodd Boulevard (CSAH 9) shall be placed
underground. The developer shall submit a cash fee prior to City Council
consideration of the preliminary and final plat to ensure that the overhead
power lines are relocated when Dodd Boulevard (CSAH 9) is reconstructed in
the future.
10
13. A cash escrow shall be submitted for a future trail along Dodd Boulevard
(CSAH 9)
14. Outlot A shall be deeded to the City with the final plat.
15. Two future single family residential Tots within Outlot B must be preliminary
and final platted prior to the construction of any single family homes.
16. Easement vacation subject to the recording of the MMR First Addition final
plat.
Findings of Fact are attached.
cc: Minneapolis Meeting Rooms, Inc.
Grant Jacobson, Jacobson Engineers and Surveyors
11
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Location of MMR First Addition Property
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Dakota County, MN
Location of MMR First Addition Property
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Map Scale
1 inch = 252 feet
Page 1 of 1
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Memorandum
TO: Planning Commission
FROM: Frank Dempsey, AICP, Associate Planner
DATE: March 30, 2011
SUBJECT: Minneapolis Meeting Rooms Church Neighborhood Meeting Notes
On March 29, 2011, Minneapolis Meeting Rooms Church representatives hosted a
neighborhood meeting at Heritage Library for their proposed development of a
3,200 square foot, 72 seat church on property located north of 212 Street and
west of Dodd Boulevard (CSAH 9). The church presently owns two church
buildings in Minneapolis and Richfield.
The meeting was attended by the following individuals:
• Jerry Holman and four other church representatives
• Frank Dempsey, Associate Planner
• Mark DuChene, Development Design Engineer
• Approximately 20 -25 neighborhood residents
Jerry Holman of Minneapolis Meeting Rooms Church introduced himself and gave
a brief presentation of the church's development to the neighbors in attendance.
The church will be designed to be located on a .79 acre parcel and will include
34 parking spaces. The church representatives will be asking for approval of a
preliminary plat, final plat and conditional use permit to allow the construction of
the church.
The following questions were raised by neighbors:
1. How large will the church be?
2. How many services will be held on any given day?
3. Adequacy of parking spaces.
City of Lakeville
Planning Department
EXHIBIT L
4. Will parking be allowed on 212 Street?
5. Building reuse.
6. Plans for Outlot A across the street from the church?
7. Plans to accommodate growth?
8. How is building occupancy controlled for maximum number of seats?
9. Concerns about traffic impact on 212 Street.
10. Concerns about speeding vehicles today on 212 Street.
11. How will the development impact drainage? There were concerns about
existing site drainage within the Wild Meadow Villas development.
12. What will be the depth of the storm water basins?
13. Parking lot lights?
14. Proposed signs?
The meeting adjourned at 7:15 PM
May 13, 2011
City of Lakeville
20195 Holyoke Avenue
Lakeville MN 55044 -9177
Re: MMR FIRST ADDITION
The Dakota County Plat Commission met on May 9, 2011, to consider the preliminary plan of the
above referenced plat. The plat is adjacent to CSAH 9, and is therefore subject to the Dakota
County Contiguous Plat Ordinance.
The plat includes one lot for a church and two outlots. The right -of -way needs along CSAH 9 are
60 feet of half right -of -way, which is shown on the plat. Access to the site is from 212 Street
West, a city street. Restricted access symbols are shown along all of CSAH 9. A quit claim deed
to Dakota County for restricted access should accompany the plat prior to recording. The plat
commission noted that the existing right -turn lane on CSAH 9 for 212 Street is short and the
City may want to require the turn lane to be extended.
The Plat Commission has approved the preliminary and final plat and will recommend approval
to the County Board of Commissioners when the plat is submitted in signed mylar form. Mylars
should be submitted to the County Board within one year of the Plat Commission's final
approval.
Traffic volumes on CSAH 9 are 4,100 and are anticipated to be 7,700 ADT by the year 2030.
These traffic volumes indicate that current Minnesota noise standards for residential units could
be exceeded for the proposed plat. Residential developments along County highways commonly
result in noise complaints. In order for noise levels from the highway to meet acceptable levels
for adjacent residential units, substantial building setbacks, buffer areas, and other noise
mitigation elements should be incorporated into this development.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the
County Recorder's Office. The Plat Commission does not review or approve the actual
engineering design of proposed accesses or other improvements to be made in the right of way.
The Plat Commission highly recommends early contact with the Transportation Department to
discuss the permitting process that reviews the design and may require construction of highway
improvements, including, but not limited to, turn lanes, drainage features, limitations on
intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting
questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance
questions at (952) 891 -7070.
Sincerely,
Dakota County Surveyor's Office
Western Service Center • 14955 Galaxie Avenue suite # 335 • Apple Valley, MN 55124
952- 891 -7087 • Fax 952- 891 -7127 • www.dakotacounty.us
Todd B. Tollefson
Secretary, Plat Commission
EXHIBIT M
Dempsey, Frank
From: drjill @frontiernet.net
Sent: Thursday, May 19, 2011 1:52 PM
To: Dempsey, Frank
Subject: Proposed church
Mr. Dempsey,
I would like to express my concern for a business to be put within a solid residential
area. Only being a resident on 212th Street for one year, I am already concerned about
the traffic on this street. Adding a business to this dense residential area is not a
good idea for the community considering all the land available, especially on the
commercial end. We chose to move to this neighborhood due to the residential development
and would have reconsidered if we knew that commercial construction and traffic were going
to be an issue.
We already deal with fast traffic from the high school using 212th as a corridor. We have
a family and would like to keep our neighborhood quiet and not create anymore traffic then
need be. There are plenty of other locations that this business could chose, please
consider the families and their wishes for a safe and quiet neighborhood.
Respectfully,
Jill Hammes
9582 -212th Street West
Lakeville, MN 55044
1
EXHIBIT N
Memorandum
To: Frank Dempsey, Associate Planner
From: Mark DuChene, Development Design Engineer
McKenzie Cafferty, Environmental Resources Manager
Copy: Dennis Feller, Finance Director
Keith Nelson, City Engineer
Steve Michaud, Parks & Recreation Director
Gene Abbott, Building Official
Date: May 26, 2011
Subject: MMR First Addition
• Preliminary Plat Review
• Easement Vacation
• Final Plat Review
• Grading Plan Review
• Tree Preservation Plan Review
• Utility Plan Review
• Site Plan Review
BACKGROUND
The Developer is dedicating 0.25 acres as Dodd Boulevard right -of -way.
City of Lakeville
Engineering
Minneapolis Meeting Rooms, Inc. has submitted preliminary and final plat,
conditional use permit and easement vacation applications named MMR First
Addition. The preliminary and final plat consists of Outlot A, Wild Meadow Villas,
currently zoned RST -2 Single and Two Family Residential and a vacant metes and
bounds parcel of land (PID 22- 032 - 003 - 0020), currently zoned RS -2 Single Family
Residential. The replat contains one developable lot and two outlots. Lot 1, Block 1
will be developed with a 3,200 sf church and associated parking lot. The proposed
subdivision is located on land that is south of 210th Street, west of and adjacent to
Dodd Boulevard (CSAH -9), and north of and adjacent to 212 Street.
The preliminary and final plat consists of one lot and two outlots on 2.90 acres.
The outlots created with the preliminary and final plat have the following use:
MMR FIRST ADDITION
MAY 26, 2011
PAGE 2 OF 11
Outlot A: Constructed Wetland & Stormwater Treatment Basin to be Deeded
to the City (0.57 acres)
Outlot B: Future Development to be Retained by Developer
(0.87 acres)
The proposed development will be completed by:
Developer: Minneapolis Meeting Rooms
Engineer /Surveyor: Jacobson Engineers and Surveyors
SITE CONDITIONS
The site is vacant, undeveloped land that generally slopes from the northwest to the
southeast. There are existing trees and overhead utility lines within the site.
EASEMENT VACATION
The MMR First Addition preliminary plat identifies an existing roadway and drainage
easement previously established with the parent parcel, for 212 Street. The
existing easement will be vacated and dedicated as right -of -way with the MMR First
Addition final plat. In addition the Developer is coordinating the vacation of an
existing private septic drain field easement in favor of the parcel adjacent to the
north.
STREET AND SITE LAYOUT
MMR First Addition is located adjacent to transportation facilities under the control of
the City of Lakeville and Dakota County. Entrance into the MMR First Addition
development will be from the south at 212 Street.
Dodd Boulevard (CSAH -9)
The property is located west of and adjacent to Dodd Boulevard (CSAH -9), an 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 ultimate design for the portion of Dodd Boulevard adjacent to the
site is a four -lane undivided roadway. The 1 /2 right -of -way requirement for Dodd
Boulevard is 60 feet; the Developer is platting right -of -way to meet the 60 foot 1 /2
right -of -way requirement. No access is permitted by Dakota County onto Dodd
Boulevard from the subject property.
The Developer shall also grade the boulevard within Dodd Boulevard right -of -way
for the construction of the future bituminous trail. The grading for the future trail
shall accommodate the future upgrade of Dodd Boulevard to a four -lane undivided
roadway.
MMR FIRST ADDITION
MAY 26, 2011
PAGE 3 OF 11
A cash fee for the Future Upgrade of Adjacent Street (Dodd Boulevard) shall be paid
at the time of final plat. The Future Upgrade of Adjacent Street Fee is based on the
front footage of the plat along Dodd Boulevard and will be prorated based on the
developable area of the final plat compared to the total developable area. The
Future Upgrade of Adjacent Street Fee is calculated as follows:
260.40 I.f.
Front Footage of
Dodd Boulevard
x 34,390 s.f./72,086
s.f.
Ratio of Area of Lot 1, Block 1
to Total Developable Area
x $72.00 /f.f. = $8,944.47
Future Street
Upgrade Fee
Total
The cash fee for the Future Upgrade of Adjacent Street for the remainder of the
developable area shall be paid at the time of final plat approval when Outlot B
develops. The cash fee will be based on the rate in effect at the time of final plat
approval.
212 Street
MMR First Addition is north of and adjacent to 212 Street, a minor collector roadway
as identified in the City's Transportation Plan. 212 Street is constructed as a 32-
foot wide street, within a 60 -foot right -of -way. The required right -of -way for 212
Street is being dedicated with the MMR First Addition final plat.
Idaho Avenue
Development of MMR First Addition includes the construction of Idaho Avenue, a local
street. Idaho Avenue is designed as a 32 -foot wide urban street. The Developer is
dedicating 60 feet of right -of -way, as shown on the plat, to satisfy the right -of -way
requirement for a local street.
The Developer will extend Idaho Avenue to the north plat boundary with the MMR
First Addition final plat improvements and must install barricades and a sign that
reads "Future Street Connection" at the terminus. The Developer is not being required
to construct a temporary turn around and is responsible for maintenance of Idaho
Avenue until Idaho Avenue is extended or a temporary turn around is constructed. A
temporary turn around must be constructed and a cash escrow for its removal
submitted to the City with the final plat of Outlot B into lots, in the event Outlot B
develops prior to Idaho Avenue being extended.
The City reserves the right to increase the street sections at the time of construction
based upon site conditions. Building permits, except model home permits, for MMR
First Addition shall not be issued until the concrete curb and gutter and bituminous
base pavement have been installed.
MMR FIRST ADDITION
MAY 26, 2011
PAGE 4 OF 11
Site Plan Review
The Developer proposes to construct a 3,200 sf church. Access to the building will
be from either of the two proposed driveway entrances along Idaho Avenue. The
driveway designs must include a stop sign and stop bar.
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility, parking lot and building
construction is restricted to 212 Street via Dodd Boulevard (CSAH 9).
PARKS AND TRAILS
A future 10 -foot wide trail is proposed along the west side of Dodd Boulevard, as
identified in the Parks, Trails and Open Space Plan. A cash escrow for the future
trail construction along Dodd Boulevard shall be paid at the time of final plat. The
developer will be responsible for 5 /8ths the estimated trail construction costs and
will be 100% responsible for rough grading and restoration of the trail area. Rough
trail grading and restoration shall be done with the MMR First Addition
improvements.
The Future Trail Construction is calculated as follows:
$4,380.00 x 5/8 x 34,390 s.f./72,086 s.f. = $ 1,305.98
Total Estimated Cost Developer's Trail Ratio of Area of Lot 1, Block 1 Total
for Trail Construction Cost Portion to Total Developable Area
Along Dodd Boulevard
The remainder of the cash fee for the future trail construction shall be paid at the
time of final plat approval when Outlot B develops and based on a cost estimate
provided by the Developer at that time.
The Park Dedication requirement will be satisfied through a cash contribution that
must be paid with the final plat. The Park Dedication fee is based on the low
density residential rate in effect at the time of final plat approval and is calculated as
follows:
1 Dwelling x $4,747.00/ = $4,747.00
Unit Dwelling Unit
No. Of Dwelling Park Dedication Fee Rate Total
Units
The cash fee for the Park Dedication for Outlot B shall be paid at the time of final
plat approval when Outlot B develops. The cash fee will be based on the rate in
effect at the time of final plat approval.
MMR FIRST ADDITION
MAY 26, 2011
PAGE 5 OF 11
UTILITIES
SANITARY SEWER
MMR First Addition is located within subdistrict SC -10310 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
church and future residential subdivision of Outlot B.
Development of MMR First Addition includes the extension of public sanitary sewer
following the proposed right -of -way for Idaho Avenue and connection to an existing
8 -inch sanitary sewer stub located northwest of the intersection of Idaho Avenue
and 212 Street.
The Developer has established an easement for drainage and utility purposes across
Lot 1, Block 1, as shown on the final plat to allow access to the utilities located
outside of the public rights -of -way.
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.
A cash fee for the Lateral Sanitary Sewer Access Charge shall be paid at the time of
final plat. The Lateral Sanitary Sewer Access Charge is based on the front footage
of the plat along 212 Street and will be prorated based on the developable area of
the final plat compared to the total developable area. The Lateral Sanitary Sewer
Access Charge is calculated as follows:
214.88 l.f. x 34,390 s.f./72,086 x $39.00 /f.f. = $3,997.99
s.f.
Front Footage of Ratio of Area of Lot 1, Block 1 Lateral Sanitary Total
212 Street to Total Developable Area Sewer Access Charge
The cash fee for the Lateral Sanitary Sewer Access Charge for the remainder of the
developable area shall be paid at the time of final plat approval when Outlot B
develops. The cash fee will be based on the rate in effect at the time of final plat
approval.
The Sanitary Sewer Availability Charge has not been paid on the parent parcel and
must be paid for Lot 1, Block 1, with the building permit. The Sanitary Sewer
Availability Charge is $307.00 per residential unit and will be determined when MCES
SAC Units are calculated.
MMR FIRST ADDITION
MAY 26, 2011
PAGE 6 OF 11
WATERMAIN
Development of MMR First Addition includes the extension of public watermain
following the proposed right -of -way for Idaho Avenue and connection to an existing
8 -inch watermain stub located northwest of the intersection of Idaho Avenue and
212 Street.
The Developer has established an easement for drainage and utility purposes across
Lot 1, Block 1, as shown on the final plat to allow access to the utilities located
outside of the public rights -of -way.
The proposed watermain layout is in accordance with the City's Comprehensive
Water Plan. Final locations and sizes of all sanitary sewer and watermain facilities
will be reviewed by City Staff with the final construction plans.
A cash fee for the Lateral Watermain Access Charge shall be paid at the time of final
plat. The Lateral Watermain Access Charge is based on the front footage of the plat
along 212 Street and will be prorated based on the developable area of the final
plat compared to the total developable area. The Lateral Watermain Access Charge
is calculated as follows:
Overhead Utilities
214.88 I.f. x 34,390 s.f./72,086 x $38.40/f.f. = $3,936.48
s.f.
Front Footage of Ratio of Area of Lot 1, Block 1 Lateral Watermain Total
212 Street to Total Developable Area Access Charge
The cash fee for the Lateral Watermain Access Charge for the remainder of the
developable area shall be paid at the time of final plat approval when Outlot B
develops. The cash fee will be based on the rate in effect at the time of final plat
approval.
Consistent with the City's Right -of -Way Management Ordinance, the developer is
responsible for burying any existing overhead power lines along Dodd Boulevard
within the MMR First Addition plat. A cash fee is required to ensure the overhead
power lines are relocated and maintained underground in the future, likely done
when Dodd Boulevard is reconstructed. The cash fee will be based on a cost
estimate provided by the facility owner and must be submitted prior to City Council
consideration of the preliminary and final plat.
MMR FIRsr ADDITION
MAY 26, 2011
PAGE 7OF11
DRAINAGE AND GRADING
MMR First Addition is located within the South Creek drainage district as identified in
the City's Water Resources Management Plan. The plat is located within sub - district
SC -35A and stormwater runoff generated within the site currently drains overland to
the existing drainage ditch along Dodd Boulevard and is conveyed to an existing
Regional Stormwater Basin via public storm sewer.
The site must be designed to pre -treat and infiltrate 1.5 inches of runoff from all
impervious surfaces as well as match or reduce the peak runoff rates for the 1, 10 &
100 year storm events of the post development to pre development conditions. Due
to site conditions and elevation constraints the Developer is proposing to discharge
stormwater runoff into a constructed wetland basin that will discharge into a rate
control basin and finally discharge into the Dodd Boulevard right -of -way ditch.
Infiltration will be promoted within the constructed wetland through the use of
additional landscape plantings within the basin and an amended soil basin bottom.
The grading specifications must indicate that all embankments meet FHA /HUD 79G
specifications. The Developer shall certify to the City that all buildings with footings
placed on fill material are appropriately constructed. Building permits shall not be
issued until an as -built certified grading plan, including the future trail grading, has
been submitted and approved by City staff.
The final grading plan must indicate any proposed borrow areas. Any borrow area
locations must be approved by the City Engineer prior to the commencement of the
borrow activity.
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.
STORM SEWER
Development of MMR First Addition includes public storm sewer construction. Storm
sewer will be installed within the subdivision to collect and convey stormwater runoff
generated from within the public right -of -way and lots to the proposed stormwater
treatment basin. Private storm sewer construction will collect runoff from the roof
and parking lot of Lot 1, Block, 1 and connect to the public storm sewer system.
Draintile construction is required in areas of non - granular soils within MMR First
Addition for the street sub -cut and lots. Any additional draintile construction,
including perimeter draintile required for building footings, which is deemed
MMR FIRST ADDITION
MAY 26, 2011
PAGE 8 OF 11
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 parent parcel
and must be paid with the final plat. The Trunk Storm Sewer Area Charge is
calculated as follows:
127,067 sf - 73,192 sf x $0.167/sf = $8,997.13
Gross area of Area of Area Charge Total
MMR First Addition Outlots A & B, MMR
First Addition & Dodd
Boulevard ROW
The Developer is eligible for trunk storm sewer credits for conveying Outlot A to the
City. The credit for the 0.57 acres of land is $3,135.00 and is calculated at the rate
of $5,500.00 per acre, consistent with City policy.
WETLANDS
A wetland delineation report verifying no wetlands exist on site shall be submitted to
the City.
TREE PRESERVATION
The Tree Preservation Plan identifies 23 significant trees within MMR First Addition.
The plan proposes to "save" 22 (96 %) significant trees. Tree fencing must be
installed outside the dripline of all "save" trees. No tree removal shall take place
until all tree protection fencing is installed and inspected by City staff. The
landscape plan shows the Developer relocating 4 spruce trees and planting 8
nursery grown evergreen trees on the site. The Tree Preservation Plan satisfies City
requirements. All "save" trees that are damaged or removed during construction
will require replacement at a ratio of 2:1, consistent with the City's Subdivision
Ordinance.
The Developer is required to post a security for tree preservation at the time of final
plat approval on an individual lot basis for each lot containing a "save" significant
tree. The security is $1,500.00 for each lot and $1,000.00 for each outlot containing
a "save" significant tree and is calculated as follows:
Lot Rate Total
Lot 1, Block 1 $1,500.00 $1,500.00
Outlot A $1,000.00 $1,000.00
Outlot B $1,000.00 $1,000.00
$3,500.00
MMR FIRST ADDITION
MAY 26, 2011
PAGE 9 OF 11
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.
• Temporary sedimentation basins.
• Rock checks in high flow areas.
• All streets shall be cleared of debris at the end of each day as identified in the
erosion control notes. Street sweeping shall be done weekly or more often as
needed. Additional street sweeping shall be required during the hauling
process. All streets shall be maintained to provide safe driving conditions.
Erosion control blankets must be installed on all stormwater /infiltration basin slopes
and slopes adjacent to wetland areas. The Developer shall install and maintain any
additional erosion control measures deemed necessary during construction by City
staff or the Dakota County Soil and Water District.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer - installed
improvements relating to MMR First Addition. Construction costs are based upon
estimates submitted by the Developer's engineer on April 29, 2011.
CONSTRUCTION COSTS
Sanitary Sewer Construction $ 15,180.00
Watermain Construction 20,680.00
Street 36,678.00
Storm Sewer 12,646.00
Site Grading, Erosion Control, Restoration and 16,699.00
Grading Certification
SUBTOTAL — CONSTRUCTION COSTS $ 101,883.00
OTHER COSTS
Developer's Design (6.0 %)
Developer's Construction Survey (2.5 %)
City's Legal Expense (0.5 %)
City Construction Observation (7.0 %)
Developer's Record Drawing (0.5 %)
Onsite Private Signs /Pavement Markings
Street Lights
Tree Preservation
$ 6,112.98
2,547.08
509.42
7,131.81
509.42
500.00
1,800.00
3,500.00
MMR FIRST ADDITION
MAY 26, 2011
PAGE 10 OF 11
Landscaping
Lot Corners
SUBTOTAL — OTHER COSTS
TOTAL PROJECT SECURITIES $ 132,793.71
The Developer shall post a security to ensure the final placement of iron monuments
at property corners with the final plat. The security is $100.00 per lot and outlot for
a total of $300.00. The City shall hold this security until the Developer's land
surveyor certifies that all irons have been placed following site grading, utility and
street construction.
The streetlight security totals $1,800.00, which consists of two post top streetlights
at $900.00 each.
The on -site signage and pavement markings associated with the development of
MMR First Addition will be privately -owned and maintained by the Developer. The
Developer shall post a $500.00 security to ensure that all signs and pavement
markings are installed. A final Certificate of Occupancy will not be issued until the
signs and pavement markings are installed.
CASH FEES
1 unit x $7.65 /unit /qtr. X 4 qtrs. = $30.60
Dwelling Units Streetlight Operating Fee Total
8,000.00
300.00
$ 30,910.71
The cash fee for traffic control signs is $915.20, which consists of four end -of -road
object marker signs, one future street connection sign and one stop /street sign. If
the street posts are installed in frost conditions, the Developer shall pay an
additional $150.00 at each street post location.
A cash fee for one -year of streetlight operating expenses shall be paid with the final
plat and is calculated as follows:
A cash fee for one -year of surface water management expenses shall be paid with
the final plat and is calculated as follows:
1 unit x $7.00 /unit /qtr. X 4 qtrs. = $28.00
Dwelling Units Surface Water Management Fee Total
A cash fee for the preparation of record construction drawings and for upgrading the
City base map shall be paid with the final plat and is calculated as follows:
3 lots x $75.00 /unit = $225.00
Lots City Base Map Updating Fee Total
MMR FIRST ADDITION
MAY 26,2011
PAGE 11 OF 11
The Developer shall submit the final plat and construction drawings in an electronic
format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file.
The Developer shall pay a cash fee for City Engineering Administration. The fee for
City Engineering Administration shall be based on three percent (3.00 %) of the
estimated construction cost, or $3,056.49.
CASH REQUIREMENTS
Trunk Storm Sewer Area Charge 8,997.13
Streetlight Operating Fee 30.60
Street Signs 915.20
Surface Water Management Fee 28.00
City Base Map Updating Fee 225.00
City Engineering Administration (3.00 %) 3,056.49
Future Upgrade of Adjacent Street 8,944.47
Future Trail Construction 1,305.98
Future Burial of Overhead Power Lines TBD
Sanitary Sewer Availability Charge Paid with
Building Permit
Lateral Sanitary Sewer Access Charge 3,997.99
Lateral Watermain Access Charge 3,936.48
Park Dedication Fee 4,747.00
Credit for Deeding Outlot A to City (3435.00
TOTAL CASH REQUIREMENT $ 33,049.34
RECOMMENDATION
Engineering recommends approval of the preliminary plat, easement vacation, final
plat, grading plan, tree preservation plan, utility plan and site plan for MMR First
Addition, subject to the comments within this report and the following:
Prior to City Council consideration:
• The Developer shall submit a cost estimate from the utility company for the
burial of overhead utility lines adjacent to the plat.
• The Developer shall submit a report verifying no wetlands exist on site.
• The Developer shall submit a geotechnical report indicating the onsite R-
Value of the soils for pavement design.