HomeMy WebLinkAboutItem 07July 28, 2011 Item No.
AUGUST 1, 2011 CITY COUNCIL MEETING
SPIRIT OF BRANDTJEN FARM 7 ADDITION
Proposed Action
Staff recommends adoption of the following motion: Move to approve: a) the Spirit of Brandtjen
Farm (SBF) 7 Addition preliminary plat of 59 single family Tots, b) a resolution approving the Spirit
of Brandtjen Farm 7 Addition final plat of 34 single family lots, and c) a resolution designating "No
Parking" on 168 Street and Diamonte Way as presented.
Adoption of this motion will approve the re -plat of a portion of SBF 4 Addition consisting of a
modified right -of -way dedication for Diamond Path and four additional single family Tots.
Overview
Tradition Development (a /k /a SBF Development Corp.) representatives are requesting approval of
the Spirit of Brandtjen Farm 7 Addition preliminary plat of 59 single family Tots and final plat of 34
single family lots as the next development phase for the Spirit of Brandtjen Farm planned unit
development (SBF PUD). SBF 7 Addition is a re -plat of a portion of the SBF 4 Addition
preliminary plat approved in 2009. This re -plat will reduce the amount of Diamond Path
right -of -way to be dedicated and defer the construction of Diamond Path to a future date. The
reduced right -of -way dedication meets ordinance requirements while allowing four additional single
family lots to be included in the SBF 7 Addition plat.
The Planning Commission held a public hearing at their July 21, 2011 meeting and unanimously
recommended approval of the SBF 7 Addition preliminary and final plat. There was no public
comment. Staff recommends approval of the planning actions, which will allow continued
development in the SBF PUD.
Primary Issues to Consider
• Are there any issues to consider regarding the modified right -of -way dedication and future
construction of Diamond Path?
Supporting Information
• Staff analysis of issues
• Resolution approving the Spirit of Brandtjen Farm 7 Addition final plat
• Resolution designating "No Parking" areas on 168 Street and Diamonte Way
• Signed development contract and temporary drainage and utility easement agreement
• Revised preliminary and final plats
• July 21, 2011 draft Planning Commission meeting minutes
• July 20, 2011 draft Parks, Recreation and Natural Resources Committee meeting minutes
• July 25, 2001 Dakota County Plat Commission letter
July 14, 2011 planning and engineering reports (both revised July 25, 2011)
Daryl M'• rey, Plan g Director
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision ordinances, SBF PUD
Notes:
Staff Analysis of Issues
• Are there any issues to consider regarding the modified right -of -way dedication and future
construction of Diamond Path?
The SBF 4 th Addition preliminary plat proposed a 120 foot right -of -way dedication for Diamond
Path with a 25 foot wide outlot to the east, all within the Spirit of Brandtjen Farm development
and the Lakeville city boundaries. The 25 foot wide outlot was established as a buffer due to
the gravel mining activities that were occurring at that time on the neighboring property in
Empire Township. The 120 foot Diamond Path right -of -way dedication was based upon the
Dakota County requirement at that time for this future County road (CR 33).
Tradition Development representatives recently contacted City staff to request a more equitable
right -of -way dedication for Diamond Path and to request deferment on the construction of
Diamond Path to a future date when there is an actual need for the road. They feel that Empire
Township should share in the right -of -way dedication as Diamond Path is planned to be
constructed along the shared Lakeville /Empire Township border. They also don't feel that the
construction of Diamond Path is warranted at this time.
The initial SBF 7 th Addition preliminary and final plat submittal proposed a 75 foot right -of -way
dedication for Diamond Path, which is greater than the half right -of -way requirement of 60 feet,
due in large part to the existing overhead electric transmission lines located in Empire
Township adjacent to the SBF development requiring that the future construction of Diamond
Path be skewed to the west onto the SBF property. This reduced right -of -way dedication from
120 feet to 75 feet and the elimination of the 25 foot wide outlot, which is no longer needed
because the gravel mining operation in Empire Township is no longer located directly adjacent
to the SBF 7 th Addition plat, allows the addition of four single family lots in this area of the SBF
development.
The developer and City staff discussed Diamond Path right -of -way and construction timing
issues with the Dakota County Plat Commission at their July 18, 2011 meeting. The Plat
Commission agreed that the need to construct Diamond Path is not warranted at this time.
They also agreed that the width of future Diamond Path could be reduced given the 2030 traffic
projections for this segment of the roadway. It was agreed that an 80 foot right -of -way
dedication for Diamond Path would accommodate a future three -lane street section with a trail
on the west side and corresponding boulevard for snow storage. An additional 20 feet of
right -of -way will be needed in Empire Township to accommodate a trail on the east side of
Diamond Path and the corresponding boulevard area for snow storage. This should be
accommodated without impacting the existing overhead electric transmission lines. The
preliminary and final plats have been revised to show an 80 foot right -of -way dedication for
Diamond Path as recommended by the Dakota County Plat Commission.
2
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF
SPIRIT OF BRANDTJEN FARM 7 ADDITION
WHEREAS, the owner of the plat described as Spirit of Brandtjen Farm 7th
Addition has requested final plat approval; and
WHEREAS, the final plat was reviewed by the Planning Commission and the
Parks, Recreation and Natural Resources Committee; and
WHEREAS, the final plat is acceptable to the City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The final plat of Spirit of Brandtjen Farm 7 Addition is hereby approved
subject to the terms and conditions of the Spirit of Brandtjen Farm Master
Planned Unit Development Stage Plan Agreement dated October 17, 2005.
2. The Mayor and City Clerk are hereby directed to sign the development
contract and planned unit development agreement and the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
APPROVED AND ADOPTED this 1 day of August, 2011.
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
I hereby certify that the foregoing Resolution No. is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a
duly authorized meeting thereof held on the 1 day of August, 2011, as shown by the
minutes of said meeting in my possession.
Charlene Friedges, City Clerk
(SEAL)
ATTEST:
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO:
RESOLUTION DESIGNATING "NO PARKING" AREAS
ON 168 STREET AND DIAMONTE WAY
WHEREAS, the City Council for the City of Lakeville is authorized in accordance
with City Code to designate parking zones within the city, and
WHEREAS, the sections of 168 Street and Diamonte Way in Spirit of Brandtjen
Farm 7 Addition will be constructed to allow a single traffic lane in each direction with
parking on one side only, consistent with the approved street sections in the Spirit of
Brandtjen Farm planned unit development, and
WHEREAS, establishing "No Parking" areas on 168 Street and Diamonte Way
will discourage potential on street parking, maintain sufficient access to the traffic lanes,
provide increased sight lines for drivers, and reduce the interaction between vehicles
and pedestrians.
NOW, THEREFORE, BE IT RESOLVED, that the north side of 168 Street, the
east side of the north -south Diamonte Way segment, and the outer edge of the
Diamonte Way loop segment be designated "No Parking" anytime.
DATED this 1 day of August, 2011.
CITY OF LAKEVILLE
By:
Mark Bellows, Mayor
158772v2
AMP07/26/2011
(reserved for recording information)
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
SPIRIT OF BRANDTJEN FARM
7 TH ADDITION
AGREEMENT dated , 2011, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ( "City "), and SBF DEVELOPMENT CORP., a
Minnesota corporation (the "Developer ").
1. REQUEST FOR PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The
Developer has asked the City to approve a plat and planned unit development for SPIRIT OF BRANDTJEN
FARM 7 TH ADDITION (referred to in this Contract as the "plat "). The land is situated in the City of Lakeville,
County of Dakota, State of Minnesota, and is legally described as:
Outlot A, SPIRIT OF BRANDTJEN FARM 3 ADDITION,
according to the recorded plat thereof
AND
Outlot D, SPIRIT OF BRANDTJEN FARM 4 ADDITION, according to the recorded plat thereof,
Dakota County, Minnesota.
1
LKVL:SPIRIT OF BRANDTJEN FARM 7TH ADD.
(SBF Development Corp.)
The Spirit of Brandtjen Farm 7 Addition site is zoned PUD, Planned Unit Development, and is subject to
the provisions of Ordinance Number 787 approved by the Lakeville City Council on June 20, 2005, as well
as the requirements listed in the Spirit of Brandtjen Farm Planned Unit Development Plan Booklet dated
June 20, 2005 ( "SBF PUD Booklet ").
2. CONDITIONS OF PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The City
hereby approves the plat and planned unit development on condition that the Developer enter into this
Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of
Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Without the written permission of the City, 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 Tots and blocks, not outlots, within three (3) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For fifteen (15) years from the date of the SBF
PUD Stage Plan Agreement, no amendments to the City's Comprehensive Plan, except an amendment
158772v2 2 LKVL:SPIuIT OF BRANDTJEN FARM 7TH ADD.
AMP07/26/2011 (SBF Development Corp.)
placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the
use, development density, lot size, lot layout or dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in
this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with
any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A and B, the plans may
be revised and finalized after the date of this Contract, subject to the City Engineer's approval. All plans
must be final and approved by the City Engineer before commencement of any work in the plat. The City
Engineer may approve minor amendments to Plan B without City Council approval. The erosion control
plan may also be approved by the Dakota County Soil and Water Conservation District, if the City
delegates its authority to the District. If the plans vary from the written terms of this Contract, the written
terms shall control. The plans, which shall be on file with the City, are:
158772v2
AMP07/26/2011
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Plans and Specifications for Public Improvements
Plan D - Street Lighting Plan
Plan E - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
3
LKVL:SPIRIT OF BRANDT.TEN FARM 7TH ADD.
(SBF Development Corp.)
J. Surveying and Staking
K. Sidewalks
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the
City Code concerning erosion and drainage and Section 4 -1 -4 -2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer's engineer will be able to certify that the construction work meets the approved City standards
as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's
expense, have one or more City inspectors and a soil engineer inspect the work on a full or part -time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City's
inspectors. The Developer's engineer shall provide for on -site project management. The Developer's
engineer is responsible for design changes and contract administration between the Developer and the
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
158772v2 4 LKVL :SPIRIT OF BRANDTJEN FARM 7TH ADD.
AMP07/26/2011 (SBF Development Corp.)
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
• MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
• DNR for Dewatering
• City of Lakeville for Building Permits
• MCES for Sanitary Sewer Connections
• City of Lakeville for Retaining Walls
• NPDES General Stormwater Permit for construction activity
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.
158772v2 5 LKVL:SPiRiT OF BRANDTJEN FARM 7TH ADD.
AMP07/26/2011 (SBF Development Corp.)
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City or Dakota County Soil and
Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation
and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area
that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except
as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current
seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly
as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not
comply with the erosion control plan and schedule or supplementary instructions received from the City or
the Dakota County Soil and Water Conservation District, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed
action, but failure of the City to do so will not affect the Developer's and City's rights or obligations
hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within
ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street
construction will be allowed and no building permits will be issued unless the plat is in full compliance with
the approved erosion control plan.
15. GRADING PLAN. The plat shall be graded in accordance with the approved grading
development and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications.
Within thirty (30) days after completion of the grading and before the City approves individual building
permits (except one model home permit on a lot acceptable to the Building Official), the Developer shall
provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer
158772v2
AMP07/26/2011
6
LKVL:SPIRIT OF BRANDTJEN FARM 7TH ADD.
(SBF Development Corp.)
that all storm water treatment basins, swales, and ditches have been constructed on public easements or
land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a)
cross sections of storm water treatment basins; b) location and elevations along all swales, wetlands,
wetland mitigation areas if any, ditches, locations and dimensions of borrow areas /stockpiles, and installed
"conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City
Code Section 10- 3 -5.NN. The City will withhold issuance of building permits until the approved certified
grading plan is on file with the City and all erosion control measures are in place as determined by the City
Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been
monitored and constructed to meet or exceed FHA/HUD 79G specifications.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements 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
158772v2 7 LKVL:SPIRIT OF BRANDTJEN FARM 7TH ADD.
AMP07/26/2011 (SBF Development Corp.)
construction and will be billed on hourly rates estimated to be seven percent (7 %) of the estimated
construction cost.
19. STORM SEWER. Development of Spirit of Brandtjen Farm 7 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 Tots to the existing City -owned
stormwater basins located near the northwest corner of the site (Outlot C, Spirit of Brandtjen Farm 6th
Addition).
The trunk storm sewer area charge for the Spirit of Brandtjen Farm 7 Addition has not been
collected with the parent parcel of Spirit of Brandtjen Farm 3rd and 4 Additions and must be paid with
the final plat. The trunk storm sewer area charge is calculated as follows:
Gross Area of Spirit of Brandtjen Farm 7 Addition 3,491,506 s.f.
Less Area of Outlot B (future development) ( -) 2,942,010 s.f.
Less Area of Diamond Path Right -of -Way ( -) 60,361 s.f.
Total = 489,135 s.f.
489,135 s.f. (Net Area of Final Plat) x $0.167/s.f. (Area Charge) = $81,685.55
The Developer has a $240,653.19 trunk storm sewer credit carried over from Spirit of Brandtjen
Farm 6 Addition. The $81,685.55 trunk storm sewer area charge for Spirit of Brandtjen Farm 7 Addition
will be applied to the existing trunk storm sewer credit. The new credit balance of $158,967.64 shall be
applied to future phases of the Spirit of Brandtjen Farm development.
20. SANITARY SEWER. Development of Spirit of Brandtjen Farm 7 Addition includes public
sanitary sewer construction. Eight inch (8 ") and ten inch (10 ") sanitary sewer will be extended within the
subdivision from an existing sanitary sewer stub to provide service to the lots. The sanitary sewer
availability charge has not been collected with the parent parcels and must be paid with the final plat.
The sanitary sewer availability charge is calculated as follows:
34 Units x $307.00 /dwelling unit = $10,438.00
21. WATERMAIN. Development of Spirit of Brandtjen Farm 7 Addition includes public
watermain construction. Eight inch (8 ") watermain will be extended within the subdivision from an existing
158772v2 8 LKVL: SPIRIT OF BRANDTJEN FARM 7TH ADD.
AMP07/26/2011 (SBF Development Corp.)
watermain stub to provide service to the Tots. In association with MnOPS requirements, utility hook -ups for
buildings within Spirit of Brandtjen Farm 7 Addition shall not be permitted until the as -built electronic files
have been submitted and approved by City staff.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to Diamond Path via 170 Street.
23. TRAILS AND SIDEWALKS. Development of Spirit of Brandtjen Farm 7th Addition will not
require public trail construction. The City's Parks, Trails and Open Space Plan identifies a 10 -foot wide
bituminous trail along the west side of Diamond Path. The trail will be built when Diamond Path is
constructed. Concrete sidewalks shall be provided along both sides of interior streets (except around
Outlot A).
24. PARK DEDICATION. The City's Parks, Trails and Open Space Plan does not designate
any area within the proposed plat as future park land. The park dedication requirement for Spirit of
Brandtjen Farm 7 Addition will be satisfied through a cash contribution that must be paid with the final plat.
The park dedication fee, as described in the approve Spirit of Brandtjen Farm Planned Unit Development,
is calculated as follows:
34 single family dwelling units x $2,250.00 /dwelling unit = $76,500.00
The Developer has a park dedication credit of $331,857.22 carried over from Spirit of Brandtjen Farm 6th
Addition. The $76,500 park dedication requirement for Spirit of Brandtjen Farm 7 Addition will be applied
to the existing park dedication credit. The new credit balance of $255,357.22 shall be applied to future
phases of the Spirit of Brandtjen Farm development.
25. STREETLIGHTS AND STREETLIGHT OPERATION COSTS. The streetlight security
totals $8,400.00, which consists of seven post -top streetlights at $1,200.00 each.
A cash fee for one -year of streetlight operating expenses shall be paid with the final plat and is
calculated as follows:
158772v2
AMP07/26/2011
34 dwelling units x $7.65/unit/qtr. x 4 qtrs. = $1,040.40
9
LKVL:SPIRIT OF BRANDTJEN FARM 7TH ADD.
(SBF Development Corp.)
26. TRAFFIC CONTROL SIGNS. The Developer shall pay to the City a cash fee of $1,172.00
for traffic control signs, which consists of two street and stop signs, one stop sign and one "No Outlet" sign.
If the street posts are installed in frost conditions, the Developer shall pay an additional $150.00 at each
street post location.
27. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface
water management expenses shall be paid with the final plat and is calculated as follows:
34 dwelling units x $7.00/unit/qtr. x 4 qtrs. = $952.00
28. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot
purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat.
Suitable deciduous trees include:
158772v2
AMP07/26/2011
Birch Honeylocust Maple
Ginkgo (male only) Kentucky Coffee Oak
Hackberry Linden (Basswood)
Suitable coniferous trees include:
Fir European Larch
Colorado Blue & Green Spruce Cedar
Black Hills Spruce Austrian Pine
Canadian Hemlock White Pine
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
six feet (6') tall. The required two (2) trees may not be planted in the boulevard. The Developer or lot
purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot.
Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home is
constructed on a lot. Before a building permit is issued, a cash escrow or letter of credit in the amount of
$2,000.00 per lot shall be furnished the City to guarantee compliance with the erosion control, grading and
landscaping requirements. If the final grading and landscaping is not timely completed, the City may enter
the lot, perform the work, and apply the cash escrow or letter of credit toward the cost. Upon satisfactory
1 0
LKVL:SPIRIT OF BRANDTJEN FARM 7TH ADD.
(SBF Development Corp.)
completion of the landscaping the escrow funds, without interest, Tess any draw made by the City, shall be
returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of
good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted
for twelve (12) months from the time of planting.
29. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the July 14, 2011 Engineering
report revised July 25, 2011.
B. Implementation of the recommendations of the Parks, Recreation, and Natural
Resources Committee.
C. Buffer yard landscaping shall be installed consistent with the approved landscape
plan. A $40,000 security shall be submitted by the Developer to guarantee installation of the approved
buffer yard landscaping. A certified grading plan of the buffer yard berms (along both 170 Street and
Diamond Path) must be submitted and approved by the City Engineer prior to installation of the buffer yard
landscaping. A landscape plan for the internal boulevard streets must also be submitted and is required to
be consistent with the landscape concept plan included in the Spirit of Brandtjen Farm PUD Booklet dated
June 20, 2005.
D. Spirit of Brandtjen Farm 7 Addition shall be developed consistent with the approved
Spirit of Brandtjen Farm Master Plan, the PUD booklet dated June 20, 2005 and the PUD Development
Stage Plan /Preliminary Plat.
E. The Developer is responsible for the maintenance of the Diamond Path right -of -way
(dust control and restoration) until the street is constructed. The Developer will provide proposed profile
grades for Diamond Path to Dakota County and the City to ensure that the future grading and street
construction, including trails, storm sewer and draintile, can be constructed within the right -of -way.
F. Barricades are required at the end of all street stubs.
158772v2
AMP07/26/2011
11
LKVL: SPIRIT OF BRANDTJEN FARM 7TH ADD.
(SBF Development Corp.)
G. Documents incorporating the Spirit of Brandtjen Farm 7 Addition final plat as part of
the Spirit of Brandtjen Farm Homeowners Association are required to provide for Tong -term ownership and
maintenance of Outlot A and are subject to review and approval of the City Attorney.
H. Before the City signs the final plat, the Developer must submit a letter from its
bank stating the existing Letter of Credit submitted for the Spirit of Brandtjen Farm Development Contract
shall also provide the necessary security for the Spirit of Brandtjen Farm 7 Addition Development
Contract, including all of the required Developer - installed improvements.
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 $3,600.00 security for the final placement of interior subdivision
iron monuments at property corners. The security was calculated as follows: 36 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 have either been found or set prior
to the issuance of a building permit for that lot.
J. 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 and outlot and is calculated as follows:
36 lots / outlots x $75.00 /unit = $2,700.00
K. 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.
30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this
agreement, payment of real estate taxes including interest and penalties, payment of special assessments,
payment of the costs of all public improvements, and construction of all public improvements, the
158772v2 12 LKVL:SPIRIT OF BRANDTJEN FARM 7TH ADD.
AMP07/26/2011 (SBF Development Corp.)
Developer shall furnish the City with a letter of credit, in the form attached hereto, from a bank ( "security ")
for $734,556.30, plus the cash fee calculated under Paragraph 33 of this Contract. The amount of the
security was calculated as follows:
CONSTRUCTION COSTS:
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
158772v2
AMP07/26/2011
Sanitary Sewer $ 109,616.37
Watermain 128,344.49
Storm Sewer 110,805.37
Street Construction 227,010.50
Site Grading, Erosion Control, Restoration
and Grading Certification 10,108.50
CONSTRUCTION SUB -TOTAL $ 585,885.23
OTHER COSTS:
Developer's Design (6.0 %) $ 35,153.11
Developer's Construction Survey (2.5 %) 14,647.13
City Legal Expenses (Est. 0.5 %) 2,929.43
City Construction Observation (Est. 7.0 %) 41,011.97
Developer's Record Drawings (0.5 %) 2,929.43
Landscaping 40,000.00
Street Lights 8,400.00
Lot Corners /Iron Monuments 3,600.00
OTHER COSTS SUB -TOTAL $ 148,671.07
TOTAL PROJECT SECURITIES: $ 734,556.30
13
LKVL: SPIRIT OF BRANDTJEN FARM 7TH ADD.
(SBF Development Corp.)
(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.
31. 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:
158772v2
AMP07/26/2011
Sanitary Sewer Availability Charge
Traffic Control Signs
Street Light Operating Fee
Surface Water Management Fee
City Engineering Administration (3.00 %)
City Base Map Updating
TOTAL CASH REQUIREMENT
Developer Credits:
Park Dedication Credit
Trunk Storm Sewer Credit
Total Development Credits
14
$ 10,438.00
$ 1,172.00
$ 1,040.40
$ 952.00
$ 17, 576.56
$ 2,700.00
$ 33,878.96
$ 255, 357.22
158,967.64
$ 414,324.86*
* TO BE APPLIED TO FUTURE PHASES OF THE SPIRIT OF BRANDTJEN
FARM DEVELOPMENT.
32. 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.
LKVL:SPIRIT OF BRANDTJEN FARM 7m ADD.
(SBF Development Corp.)
33. 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.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Contract, including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of eighteen percent (18 %) per year.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as but not limited to sewer availability charges ( "SAC "),
City water connection charges, City sewer connection charges, and building permit fees.
158772v2
AMP07/26/2011
15
LKVL: SPIRIT OF BRANDTJEN FARM 7TH ADD.
(SBF Development Corp.)
34. 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.
35. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the
City may, at its option, refuse to allow construction or development work in the plat until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private
streets prior to issuance of any building permits, except one model home on a lot acceptable to the Building
Official. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning ordinance
is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the
Developer assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors, material
158772v2
AMP07/26/2011
16
LKVL:SPIRIT OF BRANDTJEN FARM 7TH ADD.
(SBF Development Corp.)
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.
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 Tess than $500,000 for one person and $1,000,000 for each
occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on
the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be
given ten (10) days advance written notice of the cancellation of the insurance.
J. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
158772v2
AMP07/26/2011
17
LKVL:SPIRIT OF BRANDTJEN FARM 7TH ADD.
(SBF Development Corp.)
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.
36. 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: 16972 Brandtjen Farm Drive, 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.
158772v2
AMP07/26/2011
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
18
LKVL:SPIRIT OF BRANDTJEN FARM 7TH ADD.
(SBF Development Corp.)
(SEAL)
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
158772v2
AMP07/26/2011
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
19
LKVL:SPIRrr OF BRANDTJEN FARM 7TH ADD.
(SBF Development Corp.)
STATE OF MINNESOTA
COUNTY OF DAKOTA
The foregoing instrument was
2011, by - 1 - 10q b YLCOR K--
SBF Development Corp., a Minnesota
•
•
•
158772v2
AMP07/26/2011
( ss.
Rachel Lynn Halverson
.:0,,., Notary Public
i ° -- Minnesota
%t ; sA' v 6 ' ' My Commission Expires January 31,2014
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
RNK:srn
DEVELOPER:
SBF DEVELOP
BY:
Its
acknowledged before me this ' � day of 11A
the pj'i ti—
corporation, on behalf of the corporation.
Iv'
p N TARY PUBLIC
20 LKVL:SPIRIT OF BRANDTJEN FARM 7TH ADD.
(SBF Development Corp.)
of
GRANT OF TEMPORARY EASEMENT
SBF DEVELOPMENT CORP., a Minnesota corporation, "Grantor ", in consideration
of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby grant unto the CITY OF LAKEVILLE, a
Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City ", its
successors and assigns, a temporary easement for public drainage and utility purposes over, on,
across, under, and through the land situated in the County of Dakota, State of Minnesota, as
legally described as follows:
Outlot B, SPIRIT OF BRANDTJEN FARM 7 ADDITION, according to the
recorded plat thereof
( "Subject Property ").
TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants and
assigns, commencing upon execution of this document and continuing until the Subject Property
has been platted into lots and blocks at which time this easement will expire.
The above named Grantor, for itself, its successors and assigns, does covenant with the
City, its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easement to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City
158801v1 1
nless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this alc
of Su- l,/ , 2011.
STATE OF MINNESOTA
COUNTY OF DAKOTA
) ss.
The foregoing instrument was acknowledged before me this 1 day of TV /1
2011 by '- 10k.b'2 ,fit*`- the pi'," Oki" of SBF
Development Corp., a Minnesota corporation, on behalf of slaiid corporation.
i, chel Lynn Halverson
Notary Public
Minnesota
„, " my Commission Expires January 31,2014
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
AMP /cjh
GRANTOR:
SBF DEVE
By:
158801v1 2
Its:
e kt l 4414 /4,/,/, l I/
NOTARY PUBLIC
Z
I PROJECT NO. I
20662 -07
I CAD FILE I
20662- 07pp.dwg
L 75.13 i
II
I_ ° g-...I
IE �(J1l
I8 q 1
L__JL__
70.00
r 70.65 i
I
I_ mil
IU 8_ J
1g q 1
70.00
6 8
10850 SF 1 n
L — _155.00J
r 76.OVI
I II
I gj11
U 8N1
Ig 110
L --
70.00
x 76.55 )
11
g_
lu g--'I
'a J
70.00
r mANI
_ I
-'
IR.`"O
L '0 I
- J
73.00
I REVISIONS I
7/25/11 Areas
I DATE
6/30/11
I DRAWN BY I
PLM
SPIRIT OF BRANDTJEN FARMS 7TH ADDITION
LAKEVILLE, MINNESOTA
PRELIMINARY PLAT
FOR
SBF DEVELOPMENT CORPORATION
6800 FRANCE AVENUE SOUTH EDINA, MINNESOTA 55435
' -z3.ia 5 8
're-37-39 3 SF 1
167. J
0 9399 SF •
Ls
_159.39 j
James
PLANNERS / ENGINEERS
2500 W. CTY. RB. 42, Suns
PHONE: (952)890
. Hill i l 1, Inc .
'
/ SURVEYORS
120, BURNSNLIE. MN 55337
FAX: (952)890
l
- 19 12
95 5. SF
,.1 � 155.07 J �
17
. 9300 SF
1
155.00 J fO
p p - 16 $
1 �0 9300 SF 1
155.00 J
L 75.13 i
II
I_ ° g-...I
IE �(J1l
I8 q 1
L__JL__
70.00
r 70.65 i
I
I_ mil
IU 8_ J
1g q 1
70.00
6 8
10850 SF 1 n
L — _155.00J
r 76.OVI
I II
I gj11
U 8N1
Ig 110
L --
70.00
x 76.55 )
11
g_
lu g--'I
'a J
70.00
r mANI
_ I
-'
IR.`"O
L '0 I
- J
73.00
D
9923 SF I
r— _155.00j
6.368 I
95 SF 1
rZC'o I
_ 1
-U I
uJJ 1
Ieq 1
■__ _
60.00
- -
6
10167 SF
169.75 J
' -z3.ia 5 8
're-37-39 3 SF 1
167. J
0 9399 SF •
Ls
_159.39 j
1-60-01
I I
I '° I
N^W
I1
Iq 1
L_
60.00
t' - 10.98 2 1
9704 5F
I _157E1
;,..30.00 1 170.00
12194 SF I
166.76 J 4
20662-07PRdwq - 7/27/2011 02:49PM
(Tt
JPII \IT
DRAFT HORSE BOULEVARD
1 j vi
,C nF0,1 3F "'
Cfl
- •1
1
(n
r
� -
- -1
(1)
ci
326.10 N00 ° 07'38 "E g
J
- ; . - 1T6.T3 - 1 r6.b61 ( r 99.7T - 7 r \'/ S \
c \ \ '� mN I oN Io8NI 1 //- - , \ k: 6� °v . I
o / /.. �� - - -r y e
ti y 4 r \ \ q \ 3 +i "� co
1 \I. / �p IN
/ ' q 134.45
I - ___ AMONTE W,I '� % N �,, : r c,i
_TN v' . y L/ 158.00 q JS� fi uQ I ; ;� I
1 113 W v9 /
1 , p 4 T - - - - ° c,:, LQ 13230_ J r W 32.50 J
1 a .I - E° a is8 00
L iso_os_ ?� I , L ^ { 1 26 26 G e - - -- I G V,(_,,4 .1
I- - - -� I- 'ss c / � a � I �
I B PI Q Im • / L 4 / J L I IP S14 17250_ _J a 41 is
g
Iso.i9'A_ J
2 26
w�l m1
u m .5i
(./) L
.g;
I,
(C O
NN / #8-76a1 1
N 0, \ / % ti
rrl : ' (.0), 4'
58.26 162.86
n
v r
i
I v
BRA ND 1 Ui_iV
j�)nnl I
b o OUTLOT 0 A
- OM- OM- - -! L�
'`Tt - 204.00 m
1 N nIAAACENTF WAY a
26
26
r - A L)ts A
645.71
oN
p
_
o
0
oo'
317.00
L
139.14
1'- R '01
L 130.00 )
265.14
26 26
1428.61
NT
9 1
TTT �I
Nm
26 26
p "N
P j j o
132.50_ _1 E 132 50
m 0
m D
'� x7
D
07
07
167.26
S02 ° 33'0 5 '
221.01 -
126.00
r ;00.2
6 9307 SFW a
L 133.49 = 7
,; �
I° 8112 SF N
If 135.76 .5
� n r - �[)n nlrlT I - nl
11 \11 \J 1 L 1\/ \I V 1 UL_IV
r - n [)6 A D TI A r 1\ 1 T1 C\ 13 1
1 (71\IV1 6TH ,-\LJLJI 115)19
32
96
bI;
67 9 8 .28 1 121.15 1
it
Ia4:s, ;;;;1 r TBO U I LEVARD
1 _g 1
I I
xf 1 mg
T'1.---25.96 1°' o " ��
1 ; 8062 SF q I m
e (33.17 Cn ' 1
S!'7�1 L5 L
19-'7863 SF 0
C _ 130.00_ 9
MN -I r 75.6; L ro s - 1 I rr - 4s21 r66ar
11 _ 1 1 ° 1
E r CD o aJ g 1 1 g I Iu ; I
IAO 0 81 4a Nrn11 - �(J1 1N N�11i; m 1 !Ni
R 9081 SF um^-'I ,, 0 • 6>J L6 Q'QCJ L?Q .4 0 1y IA 1 f,..:1 ' 1 5L7.il Lfl4'9LJ I.Z.W '
m WY _
8 69'091
rBe
313 Ol Z `S
al. �I
N I
Imm - `l
I
0
NC
00
CO
1 99991 r9 '061 rgfr -0-I
I I
I - I I_ z
INNco Ip U 1$ U
Iqq 1 ( 011 >.0
I I 11 1 ,
1 II
Loso J LZ@S3J L 77 ° 11 J
_A zz
23 0 (1) � m CD
F.10p2AD
.'[ ZZ0000
-P1 {11('5
m
0 r 0 >DZ
00
l7 0
1.-. (7 ;
0
(n D (n
DIAMOND PATH
0 Ill
my
Z
1) O
3 m
M m
A
D
Z
D -1
Z
0m
D Z
0 D
Ln A
r
C
o°
z
U)
Z
- 4
D
r
O
U1
Uf
O
C
O
1
0
(,
O
0
0
OZ
0
(n
t0
0c
-- 2566.72 N00 ° 07'38 "E --
0
D
r
N
C c c C O 0
N 2 o o 0 . N
zm za
u o � D 0 N
NI ("
(C CN
15 i C w o g ' O.(4
O CP S CP C P
N N
N m
CJI,03 w •
\\ I \ ,// \ 1 \ \
\ 1 ,
L
I,
2
4�
m
� A
45 45
5 0
0 G
O R
0 O
a�
ad
w'0
N 0
N '7
07
_ 0 9
0 U1"
x
0 y�y
2 70
.4
X
dx
0 ■
P
0
O
z
N
0
a
2
0
x
0
76
0.
01,
-50
FOOT NIWAMS BROTHERS PIPE LINE
if COMPANY EASEMENT PER °OC. N0. 43307
00 i 1093.11
2 O
a 0 G
a "-
a?
33 (13
e , ro
r. �
0' 1
CD
. 03
0 CJ
z
0
G •=1
2 V
.0 0
p C7
0 a
w 00
O
z
N
0
0
0
a
0
0
x
(0
D
m
co 2
✓
r
z
n
50
( i
0
c=
i
v =i
0
)
50
50
55
5
50
/ \\ sDRA,'
/ 1 5 ,
i n I pp
J 03 73
c ri Z _J Uo co I p
II rn p TI
Z7;o r; :C W'0 r7 - - U 7c0 +�° G = o
A '(:)), �' �. *0 fl w� wJ "k 73 N -
- 1 °
\ \ / A P
1. / \ 06 2 - 6EI a
\
.' 7 N0 /
*N3
? 'I.
rl
I \
.
rv
J
.,
�\ (, �
\ \ L-
\ y LP S, ? ° 0,? 9 4 6 9
Jr p.� w
( J\ *
so 0,, L.9 c,0£
�� - > O � •
- ,cn - ,(r) ;�J => o o w �
J '
j 0 v ? rrl - \r (<i LAG N SC° \
� -n < v N o0 ,
C7 <j -d C) z ' 1 \ ' \\ \\ 33
D> _ ) 'I 1> X1.1 W (...1 4 - \1 1 \ \ 'b12 ,
1, - -� W
C7 >> C7 �> (I' ' - \.° '4 ct, ? \ , V6S 6 7
CJ - C C7 �° o V \N � c3,„:, 6 ssojw
C7 .. 1 No n , \ \ M. 6 / M
mcn l I \ � i \ � - f
4 \
' 5 — �\
c.:1 Ac.,,,, . :LOVER" L
� ^ \\
V— ,' .JE
. w \
w rn C . @R �53 1 @ o .,
N00 ° 07'38 "E 0
- 326.10
O,
2 CA, �� 0
N
O
OUrLOr
DIAMONTE WAY
N
N
W
co
co
DIAM,pFD PATH
rr i
N
ni (Do ▪ A
"_r0) c rn
m - �
N
(J�
N
0)
N
-4
N
00
600'0238'6
>66.67
' N89 \V
52.00
583'34'08`W
2566.72 NO0 °07'38 "E
z
00IA 00Z mDO0J
�xm�mo mocro
01 >O > >0 -1>
� AO ;9::5 O f Dz m �� � x Om CINJ O� m
mzmm m
_v� �
�l om
f p D T O
X yZ N
VI��?O (A OJ
mZ�O-Di0 mz
> miw oo
`m
N C1 ~ D D O z Z
• Fr; x O
A < D A D Z C A A
OZ�2> '0m
D o
1021=210 O
0mm
zz z
0
0
1
0
CCI
z z z rn Cv
C O (31 (n 1,
- a'° J o rn coC";p
0 sr 130° 0°N. � 0'��+ U�� rnv of 70
O, -S S ! y� I\ I 1 I \ 15 \ \I \
C <1'-'-^ \ S o,- \\ 1 1 5
@p ls 30j \ \ \ \\I I
093, W \ i
1812.11
G yp
,t-^a CZ
a' n n
-50 FOOT WILLIAMS BROTHERS PIPE LINE -. --
COMPANY EASEMENT PER OOC. N0. 43307`:
9
4
711
-H
0
D
m En
2
r
r
z
n
z
CD
CD
N
t0
■
58.26
rn
N
\ \t t2
35 N l ts3
1,+
35 L 600'15'31'W
-
15 0.1 9
\s�
46.5 p 150.05 - - 1
I J I;
46.5 )00 ° 15'31 "W - J
25.4
8- 19'10'42
162.66
L7
106.33
,o
\ r 0
178.00
26
8
DIAMONTE WAY
- 500°07'38'W
158.00
326.10 N00 "E
° 63.31
204.00
°u.uu
I I
I I
60.00
60.6
N09 ° 2 014
1-30.00
•
60.00
Bit. ".
32S S �° p
754.61 N00 ° 07'38 "E
- N 00'07'38' 6
/ / \ \
/2
o \
41 �/
/F 0 - 110 1 }1.55
34.6
/
O6,/ I L. $1 8=03'28'56"
/t W
°J 1 ' 9
• I N 4 :02X2 -,
4. \y. V / N L 500 '07'38 "W
cc t c0 IE
4 ` 9 0JT. � ` u ;
`�,° \:_ I
0
26 1 2 6
•
99.77
26
26
/0.00
1
I I
1 N 1
IN 4 " NI
L_ J_
70.02 -
N01'0 ''01 "W
+40.00
'7D R A I N A G E
]n !In
"1r'l 150 150
NSA -Ic3 V2,01. ; Z 027,
A \ 0 15 02 -^ f„,
0 1.3> I Z -0 rn
15 I0 m='Am
-< =0 7 Z AU1
o m
Z AU12 D 1 ,` �
P F) O 001
. T>P1N 0 7 31.1
Ri 7' NO A> OZZ
A r O 1> 0 O AP
• 2 A " <
oz2z� >wr5
> m rn
0 C
O m m z m
z2
-1
32.50
� I co I
L _ - N00 '07'38'E
f 32.5a
SIC
132.50
I I
I N I
f2 `J1 UI
Im °I
.L 70.01 J
I NO1°06'01•W
7n 00
317.00
645.71 N00°07'38 "E
DIAMONTE WAY
/U. UU
L
,1 NO2 °35'54 "W
U T I L I T Y
0 00
J
0
D
z
0,
265.14 N00 °07'38 "E
•
8 DRAFT HORSE BOULEVARD a
265.14 N00°07'38"E
139.14
�`c� 113.14
701 Y L � - - - -
�Ia
- 500'07'38 "W
1
130.00
q -nsa s0.7' ww _ A
T
I - 134.45 �1
r l 4 '1
, OL 500 . 07'38"W 1
n r 132.50 1
I 01 I
'L 00007'36 "W J
i r 132.50
I
aL 1
132.50
70.00
r
I I
N
IU J N I
1 ° I
L - 7D.oe -
NO2'35'54 "W
?E A S E M E N T
711 ❑0
A
6
\ 70.00
26
Iq
l: 9
\::;:
2 �1
16
°1.1 : -I
26 1 26
26
8
T-
-' -50 FOOT WILLIAMS BROTHERS PIPE LINE COMPANY EASEMENT PER DOC. NO. 43307 ; T
DIAMOND PATH
2
70.00
I I
1 N
5 E 1
i ra
70.08 J ,.
, NO2'35'54•Y
8
126.00
8=11°21'40" o X 16
R= 200.00
100.00 , 578a30'421*
ly -D ,4
lu \\
of N J I ,>66.67
5 / N89 °52'22 "W
L N00'07'38 "E J 10
26
N
CN
N
0
0
N
03
60
0
N
N
N
N
I$
a I L ^ N00•07 . 38 "E
135.00
I1
''V.-25.96 131.51
a =02'52•21
` ' 4.63 CA
I' '
" 4=03 °28'56"
L N00'07'38 "E
98.71
8=06
124.71 "
124.71 R =300.00
- 118.06
N00 ° 07'38 "E
�1 °I
1
Q - 733.1.1 7 - 7 15
!.1N 1
N00'07'38 "E
I - 130.00
sl 1
L - N00'0738 "E- J
130.00
I °I
' z
( J
m
0
z
08
cn V I I
T
u
a�
I c O' c1
N \_ 0
00
z
0
L
rn
T z
II
D
2
D
0
0
H
0
z
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
JULY 21, 2011
e July 21, 2011 Planning Commission meeting was called to order by Chair Davis
City Hall Council Chambers at 6:00 p.m.
The Pled
of Allegiance to the Flag was given.
Roll call of me ' bers:
Present: hair Davis
Vi - Chair Lillehei
Co issioner Boers
Commi ioner Drotning
Secretary A ale
Commissions
Commissi M ti
Ex- offi Fitzhenryl
Daryl Morey, Plannir
Com pany; and Judi Ha
Absent:
Staff Present
EM 3. APPROVAL OF MEETING MINUTES.
The 'July 7, 2011 Planning Commission meeting lutes were approved as
presented:
ITEM 4. ANNOUNCEMENTS:
1. Draft of the July 20, 2011 Parks, Recreation and Natural Resources •lion
for the Spirit of Brandtjen Farm 7th Addition preliminary and final plat.
2. Plan revision showing an 80 foot right of way width for Diamond Path as
part of the Spirit of Brandtjcn Farm 7th Addition.
ITEM 5. SPIRIT OF BRANDTJEN FARM 7TH ADDITION
Director; Daniel Licht, The Planning
s, Recording Secretary.
Mr. Morey stated that the following items were distributed to e Planning
Commission at tonight's meeting:
Chair Davis opened the Public Hearing to consider the application of SBF
Development Corporation for the preliminary plat and development stage Planned
Unit Development of 59 single family residential lots to be known as Spirit of
Brandtjen Farm 7th Addition, located north of 170th Street and east of Eagleview
Drive, and to consider the final plat of 34 single family lots to be known as Spirit of
Brandtjen Farm 7th Addition. The Recording Secretary attested that the legal notice
has been duly published in accordance with State Statutes and City Code.
Jacob Fick representing Tradition Development presented a brief overview of the
changes that have been madepsince the original preliminary plat (Spirit of Brandtjen
Farm 4th Addition) was revue wed by the Planning Commission in 2009. The major
change is the shift in the ri.bt -of -way for Diamond Path. Tradition Development is
requesting that the Diamond ,'ath right -o =` , ay be shifted 70 feet to the east, which
h
would allow the addition of f o u r lots to 1 S iri: of Brandtjen Farm 7th Addition
ilf
plat. Diamond Path will be bu t a future i ecause the need for this street is
not yet warranted by Dakota Count At that time additional property could be
dedicated by Empire Township for the g rig �t -of -wa y required by Dakota
County.
Chair Davis opened the hearing to the public for comment.
Consultant Daniel Licht of The =: "" ''' g Company presented the planning report
on the • plication of SBF Devekgiment eplat 8 cres in the southeast corner of
ent. This pormn of the projecad originally been approved in 2009
as Spirit of "ratjen F : 4th Addition. SB bringing this plat forward for the
purpose of makut;g dju - , ents to the,..location of the right -of -way for the future
Diamond Path. Witf�`he original SBF %'_ preliminary plat the developer
proposed to dedicate feet within the City of Lakeville plus an
k.
nadditional 25 -foot wide outlot so that the entire roadway and right -of -way would
ha in'" been entirely with he City of Lakeville. The developer has discussed with
Lake Mlle and Dakota Count staff the possible shifting of the right -of -way 70 feet to
the eauch that the 120 feet of right -of -way required by Dakota County would
overlay theadjoining boun caries of Lakeville and Empire Township to make the
location of the: oadway more balanced. The Spirit of Brandtjen Farm 7th Addition
plans propose sliigle family ttage lots consistent with the Spirit of Brandtjen Farm
4th Addition prel' ry p plans.
Planning Commission Meeting
July 21, 2011
Page 2
Mr. Licht stated that th 4 reliminary and final plat were reviewed and discussed at
the July 18, 2011 Dakota County Plat Commission meeting and an 80 foot right -of-
way width for Diamond Path was agreed to by the developer, City staff and the
Plat Commission. The 80 foot right -of -way width will accommodate a future three
lane street section and an eight foot trail on the west side of Diamond Path.
Additional right -of -way would be required in Empire Township for a trail on the
east side and boulevard snow storage. Planning Department staff recommends
approval of the revised preliminary plat with the 80 -foot right -of -way dedication
for Diamond Path and the Spirit of Brandtjen Farm 7th Addition final plat of 34
single family lots and two outlots subject to the seven stipulations listed in the July
14, 2011 planning report.
There were no comments from the audience.
Planning Commission Meeting
July 21, 2011
Page 3
11.43 Motion was made and seconded to close the public hearing at 6:11 p.m.
Ayes: Lillehei, Davis, Boerschel, Drotning.
Chair Davis asked for comp Tents from the Planning Commission.
• Commission member Boerschel asked, whether Diamond Path is a City or
County road and asked many issues created by the road being split
between two jurisdictions. Planning Doctor Morey stated it is identified as
a future County road. The roadway_urface ill be entirely within the City
of Lakeville and a possible trail onlhe east side wi �. bAbe n Empire Township.
• Chair Davis asked about iteed for lamond Pali being constructed at
this time The developer .stated that adequate internal accesses exist for this
d current traff exotnts d o varran construction of the road at this
• Commissionember , illehei asked about the surface of the driveway within
the Diamond Path righ -way an if residents would be driving on it. Mr.
Fick stated that drivIvay will be a graded gravel surface but it will be
available for emergency vehAcles only and not intended for local traffic.
La Screening will be 'installed at the rear lot lines of the homes abutting
iamond Path, andlthe future roadway will be disclosed to prospective
b ° ors. Commissioner Lillehei asked if the trail would be built at this time
Mr. k stated that the trail would be built in conjunction with construction
of th e way.
11.44 Motion was made 4 4i,ld seconded to recommend to City Council approval of the
Spirit of Brandtjen Farm, Addition preliminary plat of 59 single family residential
lots and the final plat 61 34 single family lots, to be known as Spirit of Brandtjen
Farm 7th Addition, located north of 170th Street and east of Eagleview Drive, subject
to the following seven stipulations:
1. The developer shall provide for year - around maintenance of the secondary
access road to 170th Street for emergency vehicle access.
2. The developer has a $331,857.22 park dedication credit carried over from the
SBF 6th Addition final plat. The park dedication requirement for the SBF 7th
Addition final plat is $76,500.00 (34 lots x $2,250.00/lot). A park dedication
credit of $255,357.22 will be carried over to future phases of the SBF PUD.
3. A temporary drainage and utility easement must be provided over Outlot B
of the SBF 7th Addition final plat as recommended by the City Engineer.
4. Buffer yard landscaping shall be installed consistent with the approved
landscape plan. A certified grading plan of the buffer yard berms must be
submitted and appro d by the City Engineer prior to installation of the
buffer yard landscaping.
5. The grading and utilifk are st ibject to approval by the City Engineer.
6. SBF 7th Addition shall tbbe developed, c atilstent with the approved SBF
Master Plan, the PUD booklet dated 20. aae 2005 and the PUD Development
Stage Plan/ Preliminary Plat.
7. Documents incorporating the SB, Addition al Plat as part of the SBF
Master Homeowners Association arep requiredrovide for long -term
ownership and maintena c Outlot and are subject to review and
approval of the City Attor ey.
„t
`1r' 'EM 6. '1 BUSINESS.
There was no ne •usiness.
ATTEST:
cil at their Augtlt, 201 eeting.
erschel, Din ring, Lillehei.
ITEM 7. S'1 NOTICES.
The next meeting g qf the Planni4 ommission is scheduled for August 4, 2011.
ITEM 8. ADJOURN.
There being no further business, the meeting w. adjourned at 6:18 p.m.
Respectfully submitted,
Judi Hawkins, Recording Secretary 8/4/11
Planning Commission Meeting
July 21, 2011
Page 4
o be considered by City
M 1 Call to order
Mee , was called to order at 6:01 p.m.
ITEM 2 • • II call of members
Present: Ma ° r nsiage, Tom Goodwin, Judy Hayes, Scott Kelly, Howard Lovelace,
Jeanne Peterson, Bob Swan
Absent: Jerry Zell
Staff Present: Parks & Recreation irector Steve Michaud, Recording Secretary Patty Ruedy
ITEM 3 Approval of the June 15;2011 meeting minutes
The Parks, Recreation & Natural Resources Cothmittee meeting minutes were approved as presented.
ITEM 4 Citizen comments
There were no citizens present.
ITEM 5 Staff Report \�
Staff referred to the report in the committee packet. Per City ordinance, La Marion was required to
be a no -wake zone because of heavy rain last week. Stoneborough Park flooded over the
weekend as well. Road to archery range was washed out and some downed trees t •ughout town.
Pan -O -Prog went extremely smooth this year.
Hayes arrived at 6;07 p.m.
CITY OF LAKEVILLE
PARKS, RECREATION & NATURAL RESOURCES COMMITTEE
Meeting Minutes for July 20, 2011
DRAFT
ITEM 6 SBF 7 Addition preliminary and final plat
Staff reviewed the plat. The proposed SBF 7 Addition preliminary and final plat consists of 34 lots
located in the southeast corner of the Spirit of Brandtjen Farms plat. Goodwin inquired if there were
changes from the original plan. Staff replied that there are no major changes from the original plan.
(11.14) Motion made by Peterson, seconded by Goodwin to recommend City Council consider
approval of Spirit of Brandtjen Farms 7 Addition preliminary and final plat. The developer will be
required to install sidewalks on both sides of all residential streets. A proper right -of -way on Diamond
Path to accommodate a future 10' trail is being dedicated. Due to credits remaining with the original
SBF plat, there are no park dedication fees required for the 7 Addition. Credits are noted in the
Engineering Department report.
Finally, the developer is required to follow other recommendations outlined in the Planning and
Engineering reports as they pertain to this plat. The developer is also required to follow the natural
resources requirement detailed in the Planning and Engineering reports associated with tree
preservation, grading, drainage, and erosion control and further recommendations by the Dakota
County Soil and Water Conservation District, if applicable.
Ayes -7 Nays -0
fi Rished-
e: Committees have been formed to work on the Senior Center project. Staff
ilable and status of the project. Staff will be presenting the plan
• Senior Cen
discussed a summary of u
at the July 25 Council work session.
• Canoe rack discussion has been pushed to the August Council wo
July 25, 2011
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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
Re: SPIRIT OF BRANDTJEN FARM 7 ADDITION
The Dakota County Plat Commission met on July 18, 2011, to consider the final plan of the above
referenced plat. The plat is adjacent to future CSAH 33, and is therefore subject to the Dakota County
Contiguous Plat Ordinance.
The plat was revised to reflect changes to the future Diamond Path (CSAH 33) right -of -way width. The
right -of -way needs for this future County roadway is 120 feet or 60 feet of half right -of -way. The revised
plat shows 75 feet of dedication for future CSAH 33 due to unique challenges including a pipeline
easement and power line easement running along the eastern portion of the plat. There are many
unknowns regarding the existing pipelines and transmission lines that will not be addressed as part of
this plat since the roadway does not need to be constructed at this time. Based on the current Empire
Township Comprehensive Plan, the property directly east of this plat is expected to remain rural. Based
on all of these considerations, the developer, City and County agreed that 80 feet would accommodate
most of what would be needed for a future 3 -lane roadway while minimizing the potential for future
right -of -way acquisition on the lots created by this plat. When the time comes to construct Diamond
Path, discussions with the City, the property owner to the east, the pipeline owner, and power line
owner will be needed to explore all alignment and design options.
The Plat Commission received a revised plan prior to this letter being sent out, which shows the
dedication of 80 feet. Restricted access should be shown along all of future CSAH 33. A quit claim deed
to Dakota County for restricted access should accompany the plat mylars.
The Plat Commission has approved the preliminary and final plat, provided that the described conditions
are met, and will recommend approval to the County Board of Commissioners when the plat is
submitted in signed mylar form. Mylars should be submitted to the County Board within one year of the
Plat Commission's final approval.
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,
-47•
Todd B. Tollefson
Secretary, Plat Commission
cc: Jacob Fick; Tradition Development
Jake Enebek; Tradition Development
TPC
MEMORANDUM
TO:
FROM:
DATE:
RE:
NAC FILE:
BACKGROUND
Exhibits:
A.
B.
C.
D.
E.
F.
G.
H.
I.
Location Map
SBF 7 Addition
SBF 7 Addition
SBF 7 Addition
SBF 7 Addition
SBF 7 Addition
SBF 7 Addition
SBF 4 Addition
SBF 7 Addition
3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC a@PlanningCo.corn
Daryl Morey
Daniel Licht, AICP
14 July 2011 (Revised 25 July 2011)
Lakeville — SBF 7 Addition
135.02 — 11.01
SBF Development Corporation (aka Tradition Development) has submitted plans for
Spirit of Brandtjen Farm 7 Addition. This application involves re- platting portions of
SBF 3 Addition and SBF 4 Addition necessitating consideration of PUD Development
Stage Plan, Preliminary Plat and Final Plat applications. The proposed SBF 7th
addition preliminary plat includes 59 single family lots and two outlots located on 80.15
acres at the southeast corner of the Spirit of Brandtjen Farm PUD. A request for final
plat approval of 34 single family lots and two outlots is also being requested concurrent
with the preliminary plat application. The subject site is zoned PUD, Planned Unit
Development District as approved by the City Council on 20 June 2005.
Title Sheet
Preliminary Plat
Preliminary Grading & Drainage Plan (2 sheets)
Preliminary Grading & Storm Plan (2 sheets)
Preliminary Erosion & Sediment Control Plan
Preliminary Utility Plan
Preliminary Landscape Plan (2 sheets)
Final Plat (2 sheets)
Direction
Land Use Plan
Zoning
Existing Use
North
Medium Density (SBF)
PUD
Undeveloped
East
Agricultural (Empire Twp)
- -
Agriculture
South
Low Density Residential
RAO /RS -3
Agriculture
West
LD Residential (SBF)
PUD
Single Family
ANALYSIS
SBF 4th Addition. The developer previously received approval for a preliminary plat in
the same area as the proposed 7 Addition. The developer is proposing to reduce the
right -of -way dedication for future Diamond Path from 120 feet and a 25 foot wide outlot
east of the right -of -way to 75 feet and no outlot. This shifts the alignment of future
Diamond Path to the east with more than half of the required right -of -way within the City
of Lakeville and the remainder within Empire Township. Dakota County will be required
to obtain the additional right -of -way for Diamond Path within Empire Township in the
future. The right -of -way dedication for future Diamond Path is subject to review and
approval of the Dakota County Plat Commission at their July 18, 2011 meeting. Four
additional sing family lots have been added to the 68 single family lots approved as
part of SBF 4t Addition preliminary plat on September 8, 2009. The SBF 4 Addition
final plat of 12 single family lots was approved simultaneously with the preliminary plat.
Comprehensive Plan. The 2008 Comprehensive Land Use Plan guides the subject
site for medium density residential uses at four to seven dwelling units per acre. The net
density of the SBF 7 Addition preliminary plat is 3.0 dwelling units per acre consistent
with the densities approved in this area with the SBF 4 Addition. The additional four
single family lots is within the 2,109 dwelling units planned for SBF and will not have a
negative impact to City service capacities. The proposed SBF 7 Addition is also
consistent with the City's goal of maintaining an average net density of three dwelling
units per acre for housing within the MUSA.
MUSA. The subject site is within the current MUSA and sanitary sewer and water
utilities are available to the property to accommodate the proposed preliminary plat.
Zoning. The subject site is zoned PUD, Planned Unit Development District subject to
the provisions of Ordinance Number 787 approved by the City Council on 20 June
2005.
Surrounding Land Use. The subject site is surrounded by the following land uses.
The proposed single family lots will be compatible with existing and planned uses in the
area.
Lots. There is no minimum lot area required by the SBF PUD District. Rather, lots are
regulated based on minimum width requirements, setbacks and design standards
established by the SBF PUD Booklet dated 20 June 2005. The Tots within SBF 7th
Addition are proposed with a minimum 60 foot width and otherwise subject to cottage lot
standards as set forth in Section 7 of the SBF PUD Booklet. Designation of all lots as
the more compact cottage lots within the preliminary plat is consistent with the lot
2
Setbacks
Front
Side
Rear
House
Garage
Door
Garage
Interior
Corner
House
Garage
Door
Garage
House
Garage
170`" St./
Diamond
Path
20ft.
25ft.
20ft.
7ft.
15ft
25ft
15ft
20ft.
10ft.
50ft.
requirements for the previously approved SBF 4 Addition based on proposed housing
designs previously submitted by the developer that are appropriate in scale relative to
the lot area and maintain a high standard of architectural character intended for SBF.
Setbacks. All of the proposed single family lots are subject to and are consistent with
the setback requirements established for "cottage" lots:
Access. Access to the subject site will be provided via Draft Horse Boulevard from
170 Street. The developer had previously agreed as part of the original SBF approvals
and those for the SBF 4 Addition final plat to construct Diamond Path with this phase
of the project. The developer is requesting consideration to defer construction of
Diamond Path to a future date as they do not believe construction of Diamond Path is
needed for the development of SBF 7 Addition with two planned connections to Draft
Horse Boulevard as shown on the preliminary plat and a proposed secondary
connection to an existing access road that is utilized for the gravel processing and
asphalt production areas on the north side of the SBF PUD that could be utilized by
emergency service vehicles until Diamond Path is constructed in the future.
Streets. The general layout of the streets is unchanged from the approved SBF 4th
Addition preliminary plat. Streets within SBF 7 Addition have been designed to utilize
the street sections approved as part of the PUD Booklet dated 20 June 2005. Proposed
streets have been reviewed by Assistant City Engineer Zach Johnson and his
comments are contained in his July 14, 2011 memo. All streets are subject to approval
of the City Engineer.
Sidewalks/Trails. Concrete sidewalks are provided along both sides of interior streets
(except around Outlot A). A 10 foot wide bituminous Multi- Purpose Trailway will be
constructed along the west side of Diamond Path with the future construction of the
street consistent with the City's Parks, Trails and Open Space Plan.
Landscape Plan. Buffer yard landscaping is already in place along 170 Street. Buffer
yard landscaping along Diamond Path is required to provide a 10 foot screening height.
The proposed berming and landscaping meets Zoning Ordinance requirements and the
design is consistent with the buffer yard plantings along 170 Street. A certified
grading plan of the buffer yard berms must be submitted and approved by the City
Engineer prior to installation of the buffer yard landscaping. A landscape plan for the
internal boulevard streets must also be submitted and is required to be consistent with
the landscape concept plan included in the SBF PUD Booklet dated 20 June 2005.
3
Purpose
Outlots
Publicly accessible /privately maintained open space
A
Future phases
B
Park Dedication. No public park land will be dedicated to the City as part of SBF 4th
Addition. Park dedication requirements are calculated and paid at the time of final plat
approval based on the formula established by the SBF Master PUD Development
Agreement, minus any outstanding credits due from previously final platted additions.
The park dedication requirement for the SBF 7 Addition final plat is $76,500.00 (34 lots
x $2,250.00/lot). There is a $331,857.22 park dedication credit carried over from the
SBF 6 Addition final plat. The new SBF park dedication credit balance will be
$255,357.22 ($331,857.22 - $76,500.00).
Outlots. The PUD Development Stage Plan /preliminary plat includes two outlots:
Easements. The preliminary plat and final plat illustrate drainage and utility easements
at the perimeter of the single family lots as required by Section 10 -4 -4 of the Subdivision
Ordinance. The drainage and utility easements at the rear of the lots within Block 1
have additional depth to include the buffer yard berm and landscaping along 170
Street and Diamond Path. A temporary drainage and utility easement is also required
to be provided over Outlot B of the SBF 7 Addition final plat as identified in the
engineering report.
Grading Plan. The applicant has submitted a preliminary grading plan for the subject
site. All grading and drainage issues are subject to review and approval of the City
Engineer.
Utility Plan. A preliminary utility plan has been submitted to illustrate extension of
sanitary sewer and water services to the subject site from the existing final plat of SBF.
All utility issues are subject to review and approval of the City Engineer.
Final Plat. The developer has submitted a final plat of 34 single family lots and two
outlots as the first phase of this preliminary plat.
Homeowners Association. Documents including SBF 7 Addition as part of the SBF
Master Homeowners Association are required to provide for long -term ownership and
maintenance of Outlot A. These documents are subject to review and approval by the
City Attorney.
Development Contract. The proposed final plat requires execution of a development
contract. The development contract must be executed, including posting of all
securities and payment of all fees, prior to the City signing the final plat mylars. The
development contract will be prepared by the City Attorney.
4
CONCLUSION
The Spirit of Brandtjen Farm 7 Addition PUD Development Stage Plan, Preliminary
Plat and Final Plat are consistent with the requirements of the Comprehensive Plan,
Zoning Ordinance, Subdivision Ordinance and the approved SBF PUD. Our office
recommends approval subject to the conditions outlined below:
1. The developer shall provide for year around maintenance of the secondary
access road to 170 Street for emergency vehicle access.
2. The developer has a $331,857.22 park dedication credit carried over from the
SBF 6 Addition final plat. The park dedication requirement for the SBF 7th
Addition final plat is $76,500.00 (34 lots x $2,250.00 /lot). A park dedication credit
of $255,357.22 will be carried over to future phases of the SBF PUD.
3. A temporary drainage and utility easement must be provided over Outlot B of the
SBF 7 Addition final plat as recommended by the City Engineer.
4. Buffer yard landscaping shall be installed consistent with the approved landscape
plan. A certified grading plan of the buffer yard berms must be submitted and
approved by the City Engineer prior to installation of the buffer yard landscaping.
5. The grading and utility plans are subject to approval by the City Engineer.
6. SBF 7 Addition shall be developed consistent with the approved SBF Master
Plan, the PUD booklet dated 20 June 2005 and the PUD Development Stage
Plan /Preliminary Plat.
7. Documents incorporating the SBF 7 Addition final plat as part of the SBF Master
Homeowners Association are required to provide for long -term ownership and
maintenance of Outlot A and are subject to review and approval of the City
Attorney.
c. Steven Mielke, City Administrator
Keith Nelson, City Engineer
David Olson, Community and Economic Development Director
Steve Michaud, Parks and Recreation Director
Roger Knutson, City Attorney
Jacob Fick, Tradition Development
5
I i
' mr
eAK
) I
1 N
III Ma
1 l i pi uuumu=��=
*UUmH
mmmmm
.
I /AIM 1 II
City of Apple Valley
N
170th Street
c
a)
0
w
Location Map
City of Lakeville
Spirit of Brandtjen Farm
7th Addition Preliminary Plat
Exhibit A
9909-069(096) '%VJ 9909-069(006) 3NO69
00000 991 1.9999 .001 090 09 99 All ,6 0000
S210A3Atlf1S / SeJ33NION3 / SN)NNtlld
` II!H 9a sewer
I 1 I
I ! r
96199 9105399/1 '99103 '91009 30N39V 33NVNJ 0099
NOLLV2IOd2I03 3HS
LaaH s J 37SLL
010939911/ 37993NV1
HOLLIQOV ELL MU Harmon 30 11 ffidS
..3r133 ::0J i fi
EXHIBIT B
*$09 000(LS6) %Vd 9909-069(096) 'NJNd
01000 NN 3..98118 b0l 36110 09'01 Ala AI 0090
S2101,3A8f1S / SN33NION3 / SM3NNVld
•� ul `II!H •H sawed
S0*SS Y9OS3NNIN 'YN13 01005 3110YY 33NYN1 0099
NOLLV2IOd O3 LMariciCrIZAZU 39S
603
ZV Id A2IVNI nrad
910039081 30113001
NOLLIaaV H.LL SJVIV13 M r,LaNVIs �O ,i1�uaS
O l l V ' 1'' I
^V \/111VV H 1M l�vJ
VJIIIVIV Y(_ i, JV 11_10.:
EXHIBIT C
tin m nos-maw 3/4014d
MSS NA �msNra 1:21 MS 71 Al u AI aaz
S2lOA3Aaf1S / Stl33NION3 / S213NMIld
• #ui ` •a O IIIfl'
— wort..
aor
sass r1U53NNM VNwa •runs 3fIN3SV 3.1V114 dEIS
NOUN Od2IO0 LN3➢Qdo1 A3Q
/OA
Wad 3JVNIVII 1 ONIQVN9 AaVNIYN'1 Id
�.o N 3TN3NVl
•
M
!Ww
/P//»
" �
. :
, ;a NOLU(EIY }W. 1(W N3e.LQNVNH 30 .0 lIdS
EXHIBIT D
AVM 31NONIVIO` -
9+09-069(006) '%V! 1+09-069(006) 3$64
00000 611 311909 VI 3696 7/ 96 a l l 9 0052
SNOA3ANf1S / S2133NION3 / Sb3NNV1d
' 3U1 ` II!H 'H saver
fU
a s
5 5 0
SCYSS 01053NNIN VN103 111005 30931V 30NV113 0099
NOLLV2I0cM00 ZN3ndoTaA3a ABS
603
NV'Id 39VNIVtIa ' ONIamN9 x21V?WW1I Id
010539919 '3TlN36V1
NOLLIaav FLU RM mama ao ,L1 IdS
(3Z
1%
m
0
we
a
Ii1Vd ONOINVIO
37 6
31NONIV IO —"`
90060 90 1102/61/0 - 009 000 -09900
II39 1y! WS-OMOW BANd ff59 Y1053NN1/1 'YNI03 'N11105 311N3r3Y 30NY714 009
cros xn 3.s one WI 101S 'z1. 99 u w aosz /P/�� HOLLV2IOd2I00 .LHJdOTaM CI 3EIS
aoe
S8OA3A f1S / Sa33NION3 / 913NNVld ..,....:=PIT HVTd moos OH[Qtl2i9 ]C2NHDaT32id
•11u1 `11!11 .LI sewer
..0 ...n w y uw .fix Ho Y1093NNp1 '3TN3NY
waaV H.L . R2iV3 mamma 40 fl IdS
HIVd ONOWVIO
EXHIBIT E
_
MSS till ^ ) / \ �
, B»73Zs � , mAw
OU N settler
` `
N Jan dkTaa\
a
2 Ha W! x& & 3
awe
AEI NMVaO
I II/OE/90 I
31VO
I SNO5N3a I
I CAD FILE
20662 -07G
I PROJECT NO. I
20662 -07
1 VZ£ 1
2 / A
» . &�
x
(
F
§ _|
)
§Z «!
" {' \ ( /
i ft
HIVd a_`
OZ9-069(M) ?'/J 9/09-06940) Wild
Mc NM 1 'OZl .S 7t 99 u3 M 0092
SHOA3Aaf1S / SN33NION3 / Si13NNYld
•3u1 `111H •a sawed
SfKS V10S3Mnn V1103 'HMn0S 30x1 V 30nV J OOI
x0 � o�03 �d��aQ
a0J
Old 101111103 annals $ N AII9ImMEd
ROIflaUV }WW, ie N3LI .O MndS
I arv�
AD NMVaO
I l l /0090 I
31VO
' SNOISIA321 I
I CAD FILE I
20662 -07ECP
I PROJECT NO
20662 -07
1 VC
" tor./90 ^'•
r3Wwi
3
I , '°' "= �.
W - " '°
�q n v� ler, Niwa Rwwv
mat 90 IIOO /91 /Z - ono d3310 -Z990t
EXHIBIT F
NZ9 1Y1 1109 - 099(259) 3A09
9I NN 39v5XM9 OZl 'a M 9052
SdIDA3ANRS / S2J33NION3 / SS3NNY1d
•3U1 `11111 . H saucer
00495 9105394M 94103 '01905 3493AV 309991 0098
NOLLV2IOd2IO3 .LNANdOTaAMQ ARS
904
NV'Id LLPILLfl ANVNDOTNtId
910539141 '31903401
NOLLIOQV ELL II1Y NElatinla dO 118IdS
Y.1!!+ik4fdRd499911m
hhZ9 (Z96) ILI nog (ZS6) 3ANd
VMS V :53NNIN 'VNN13 'winos 3ON31V 30NY444 COBB
PRO.ECT NO.
20662 -07
WO
L[[SS NM - 1 ,,,, ..13 'On x 1 G 'Zh'9N K1 M 0092
NOLLVIIOd?I03 SN37[dO TA3Q
SNDAMS% / Sd33NION3 / S83NNVld
`II!H
Old 3dV3SQNV'I ) 1Vl d
jro
NMV1
of /9i
iV0
5l1?
AD F
)662-
l
m
.3u .11 Sealer l
NOLLIQQV HIL " I I21 V3 ° Ii � P Z QNV2IH .�0 1LRIIdS
■
� ` C OQ •• �'we �.y "r`T'�. Wed. = e ..��I " �� ` c o •
1 ° - -- X46„ - - � 1 == f = = = It ". ` e.oera � j 0
m
0
02:1VA311108 3S8OH 13V210
HLVd ONOWVIO HLVd GNOMIC
AVM 31NOWVIO
CJ
<C c�
<C
r J�
C) LO
<C
(.1)
- 13NV7 A83/r00STO . / m e ,
I JIN V 1 / \(,_J,
/
Y V (. / I
c y
In " V IlI V V V
InV I'nnIii \I-
-� JI V v C�`l
-
(i )
Ld
(1)
()
n \l -,
VC2 In I
vc] v
in ,I
v it n , ;I ::
n \(1.JA _1 "I(1/,'l - ' \ InLJ IV \lrl
V C v, \_J 1 , LJ v (
W
cn
cn
0
1,
z
O
NV9a SO 1462 /a, /L - 4T95LO
EXHIBIT H
/509-060006) 0141 1Y09 392,14d
L0099 NI 1 ....8 001 3u5 'Z1 Rl M 0000
SriSS 01053NN91 'VN103 '141009 30x340 3001461 00
xou,r ocraoo ma dolansa ass
004
1 Z 'S '
S80A3A816 / S2133NION3 / Sa3NNVld
` IIIH
NV'Id adV3SQNV'I DIVNDITI3Nd
'AWh
CM!
LVC
:N9
4D F
662-
UEC
1662
.311I 'H Sealer
Nolstam HLL . 1 " mamma AO JStuaS YOU
t-
o
5-
w
00
r
En
T
n
N
0 0) co N N
N
N
AVM 31NOWVIO
GLIVA311108 3SaOH 1JV21O
CO
0
4-
0
0
co
_ •, ___ aA _ a� V __ •mow L�OOO10 -= ^ =0'
c-- y _O ' 9 � r: y -`d CC ' CCe''s'1 %�000e0 'i ' • e o e o • eur"•∎, Oeeoe''w` e
z
CO
rn
0
N
00
O8VA31(10e 3SHOH 1dVNO
HIVd ONONVIO
AVM 31NC
40
40
M
I 0'J
00
M
00C, 0 0 1400/04/0 - 0 ^1'100 -29900
EXHIBIT I
QaVA31f108 3S OH 13tl
n - < YM
I ul Is
L____J
Memorandum
To: Daryl Morey, Planning Director
From: Zach Johnson, Assistant City Engineer
McKenzie Cafferty, Environmental Resources Manager
Copy: Dennis Feller, Finance Director
Gene Abbott, Building Official
Date: July 14, 2011
* *REVISED ** July 25, 2011
Subject: Spirit of Brandtjen Farm 7 Addition
• Preliminary Plat Review
• Final Plat Review
• Grading Plan Review
• Utility Plan Review
BACKGROUND
City of Lakeville
Engineering
SBF Development Corporation has submitted a preliminary and final plat named
Spirit of Brandtjen Farm 7 Addition. The parent parcels consist of Outlot A, Spirit of
Brandtjen Farm 3 Addition and Outlot D, Spirit of Brandtjen Farm 4 Addition and
are zoned PUD, Planned Unit Development District. The residential subdivision is
located north of and adjacent to 170 Street, west of and adjacent to the future
extension of Diamond Path (CSAH -33) and east of the farmstead preservation area.
The preliminary plat consists of fifty -nine (59) single - family lots and two (2) outlots
on 80.15 acres. The outlots created with the preliminary plat will have the following
uses:
Outlot A: H.O.A. common area; to be retained by the Developer
(0.70 acres)
Outlot B: Future residential development; to be retained by the Developer
(57.65 acres)
SPIRIT OF BRANDT3EN FARM 7 T " ADDITION
JULY 14,2011
* *REVISED ** ,7uLY 25, 2011
PAGE 2OF11
The final plat consists of thirty -four (34) single - family Tots and two (2) outlots on
80.15 acres. The Developer is dedicating 1.39 acres as Diamond Path (CSAH -33)
right -of -way. The outlots created with the final plat will have the following uses:
Outlot A: H.O.A. common area; to be retained by the Developer
(0.70 acres)
Outlot B: Future residential development; to be retained by the Developer
(67.54 acres)
SITE CONDITIONS
The Spirit of Brandtjen Farm 7th Addition site consists of vacant, undeveloped land
that was previously mass graded with the first phase of the Spirit of Brandtjen Farm
improvements.
STREET AND SITE LAYOUT
170 Street
Spirit of Brandtjen Farm 7 Addition is north of and adjacent to 170 Street, a major
collector roadway as identified in the City's Transportation Plan. The Developer
previously dedicated 55 feet of right -of -way, consistent with the 1 /2 right -of -way
requirement for a major collector, with the Spirit of Brandtjen Farm plat.
170 Street is constructed as a two -lane undivided roadway. The north half of the
road is an urban section with concrete curb and gutter while the south half is a rural
section. Designated left and right -turn lanes exist at the Draft Horse Boulevard
intersection. The ultimate roadway section for 170 Street will likely consist of a 52-
foot wide undivided urban roadway with shoulders and striped as a three -lane
section, with one through -lane in each direction and a center continuous left -turn
lane with exclusive turn lanes at the intersections. The City's current Capital
Improvement Plan does not include improvements to 170 Street.
Diamond Path
Spirit of Brandtjen Farm 7 Addition is west of and adjacent to Diamond Path, a future
major collector roadway as identified in the City's Transportation Plan. The current
Dakota County Road Plat Review Needs Map identifies Diamond Path as a future
four -lane undivided County State Aid Highway with a 1 /2 right -of -way requirement of
60 feet. The Developer is dedicating 80 feet of right -of -way, as shown on the plat,
to satisfy the 1 /2 right -of -way requirement for Diamond Path. The Dakota County
Plat Commission approved the Spirit of Brandtjen Farm 7 Addition preliminary and
final plat at its July 18, 2011 meeting and will recommend approval to the Dakota
County Board of Commissioners.
SPIRIT OF BRANDTJEN FARM 7 Th ADDITION
JULY 14, 2011
* *REVISED ** JuLY 25, 2011
PAGE 3 OF 11
The Developer will dedicate right -of -way for Diamond Path, as shown on the
preliminary plat, when Outlot B, Spirit of Brandtjen Farm 7 Addition develops. The
Diamond Path right -of -way currently consists of a flat, rough - graded dirt surface.
The intersection of 170 Street and Diamond Path is barricaded with a locked gate —
there is no vehicular traffic. The Developer is responsible for maintenance of the
Diamond Path right -of -way (dust control and restoration) until the street is
constructed.
The right -of -way dedication overlaps an existing 50 -foot wide easement in favor of
Williams Companies, Inc. The future design and construction of Diamond Path must
be consistent with Dakota County standard specifications, including access spacing
and storm sewer requirements, as well as any requirements set forth by Williams
Companies, Inc. in relation to the potential relocation of the existing gas pipeline.
Prior to City Council consideration, proposed profile grades for Diamond Path must
be submitted and reviewed by Dakota County and the City to ensure that the future
grading and street construction, including trails, storm sewer and draintile, can be
constructed within the right -of -way.
The County's current Capital Improvement Plan does not include the construction of
Diamond Path. Diamond Path will be constructed in the future when the need for
the street is warranted.
Draft Horse Boulevard
Development of Spirit of Brandtjen Farm 7th Addition includes the construction of Draft
Horse Boulevard, a local street. Draft Horse Boulevard will be extended north from the
existing stub. Draft Horse Boulevard is designed as a 28 -foot wide urban street with
5 -foot wide concrete sidewalks along both sides. The Developer is dedicating 60
feet of right -of -way, as shown on the final plat, to satisfy the right -of -way
requirement for Draft Horse Boulevard. The street and landscaped boulevard design
is consistent with the approved Spirit of Brandtjen Farm Planned Unit Development
Plan. Draft Horse Boulevard will also be extended north in the future when Outlot B,
Spirit of Brandtjen Farm 7 Addition develops.
167 Street
167 Street is designed as a two -lane divided parkway urban street with 5 -foot wide
concrete sidewalks along both sides and provides connections to Diamond Path,
Draft Horse Boulevard and Diamonte Way. The Developer will dedicate 90 feet of
right -of -way, as shown on the preliminary plat, to satisfy the right -of -way
requirement for 167 Street. The street and landscaped boulevard design is
consistent with the approved Spirit of Brandtjen Farm Planned Unit Development
Plan. The Developer will dedicate right -of -way and construct 167 Street when
Outlot B, Spirit of Brandtjen Farm 7 Addition develops.
SPIRIT OF BRANDDEN FARM 7"' ADDITION
3ULY14,2011
* *REVISED ** JULY 25, 2011
PAGE 4OF11
168 Street
Development of Spirit of Brandtjen Farm 7 Addition includes the construction of 168
Street, a local street. 168 Street is designed as a 28 -foot wide urban street with 5-
foot wide concrete sidewalks along both sides and provides connections to Draft
Horse Boulevard and Diamonte Way. The Developer is dedicating 52 feet of right -
of -way, as shown on the final plat, to satisfy the right -of -way requirement for 168
Street. The street and landscaped boulevard design is consistent with the approved
Spirit of Brandtjen Farm Planned Unit Development.
Diamonte Way
Development of Spirit of Brandtjen Farm 7 Addition includes the construction of
Diamonte Way, a local street. Diamonte Way is designed as a 28 -foot wide urban
street with 5 -foot wide concrete sidewalks along both sides and provides
connections to 167 Street and 168 Street. The southern end of Diamonte Way
transitions into a loop with a 5 -foot wide concrete sidewalk along one side. The
Developer is dedicating 52 feet of right -of -way, as shown on the final plat, to satisfy
the right -of -way requirement for Diamonte Way. The street and landscaped
boulevard design is consistent with the approved Spirit of Brandtjen Farm Planned
Unit Development Plan. Diamonte Way will also be extended north in the future
when Outlot B, Spirit of Brandtjen Farm 7th Addition develops.
The City reserves the right to increase the street sections at the time of construction
based upon site conditions. Barricades and future street connections signs are
required at the end of all street stubs. Building permits, except one model home
permit, for Spirit of Brandtjen Farm 7 Addition shall not be issued until the concrete
curb and gutter and bituminous base pavement have been installed.
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility and street construction is
restricted to Diamond Path via 170 Street.
PARKS AND TRAILS
Development of Spirit of Brandtjen Farm 7 Addition will not require public trail
construction. The City's Parks, Trails and Open Space Plan does not designate any
area within the proposed plat as future park land.
The City's Parks, Trails and Open Space Plan identifies a 10 -foot wide bituminous
trail along the west side of Diamond Path. The trail will be built when Diamond Path
is constructed.
SPIRIT OF BRANDT3EN FARM 7 T " ADDITION
]ULY 14, 2011
* *REVISED ** 7ULY 25, 2011
PAGE 5 OF 11
The Park Dedication requirement will be satisfied through a cash contribution that
must be paid with the final plat. The Park Dedication fee, as described in the
approved Spirit of Brandtjen Farm Planned Unit Development, is calculated as
follows:
34 units x $2,250.00 /unit = $76,500.00
Single - Family Dwelling Units Park Dedication Fee Rate Total
The Developer has a $331,857.22 Park Dedication credit carried over from Spirit of
Brandtjen Farm 6 Addition. The $76,500 Park Dedication requirement for Sprit of
Brandtjen Farm 7 Addition will be applied to the existing Park Dedication credit. A
new balance of $255,357.22 shall be applied to future phases of the Spirit of
Brandtjen Farm development.
The Park Dedication requirement has not been collected on Outlot B, Spirit of
Brandtjen Farm 7 Addition and shall be paid (or credited) when the outlot develops.
UTILITIES
SANITARY SEWER
Spirit of Brandtjen Farm 7 Addition is located within subdistrict NC -20070 of the
North Creek sanitary sewer district as identified in the City's Comprehensive Sewer
Plan. Wastewater will be conveyed via existing public sanitary sewer to the MCES
Lakeville Interceptor and continue to the Empire Wastewater Treatment Facility.
The existing City -owned downstream facilities have sufficient capacity to serve the
residential development.
Development of Spirit of Brandtjen Farm 7 Addition includes public sanitary sewer
construction. 8 -inch and 10- sanitary sewer will be extended within the subdivision
from an existing sanitary sewer stub to provide service to the lots.
The Sanitary Sewer Availability Charge has not been collected on the parent parcels
and must be paid with the final plat. The Sanitary Sewer Availability Charge is
calculated as follows:
34 units x $307.00 /dwelling unit = $10,438.00
Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total
The Sanitary Sewer Availability Charge has not been collected on Outlot B, Spirit of
Brandtjen Farm 7 Addition, and shall be paid at the time the outlot develops.
SPIRIT OF BRAND FARM 7"' ADDITION
JULY 14, 2011
* *REVISED ** 7uLY 25, 2011
PAGE6OF11
WATERMAIN
Development of Spirit of Brandtjen Farm 7 Addition includes public watermain
construction. 8 -inch watermain will be extended within the subdivision from an
existing watermain stub to provide service to the lots.
Final locations and sizes of all sanitary sewer and watermain facilities shall be
reviewed by City staff with the final construction plans. In association with MnOPS
requirements, utility hook -ups for buildings within Spirit of Brandtjen Farm 7
Addition shall not be permitted until the as -built electronic files have been submitted
and approved by City staff.
OVERHEAD LINES
An existing overhead electric transmission line extends north of 170 Street, outside
(east of) the parent parcel boundary. The overhead transmission line is not subject
to Title 7 of the City Code and the City's Right -of -Way Management Policy and will
not be buried with the development of Spirit of Brandtjen Farm 7 Addition.
DRAINAGE AND GRADING
Spirit of Brandtjen Farm 7 Addition is located within subdistrict NC -12 of the North
Creek drainage district as identified in the City's Water Resources Management Plan.
The site was mass graded with Spirit of Brandtjen Farm improvements.
Development of Spirit of Brandtjen Farm 7 Addition will not require public
stormwater or infiltration basin construction as the contributing drainage area
generated within the site was incorporated into the design of the Spirit of Brandtjen
stormwater management system. Stormwater runoff generated from within the site
will be conveyed via public storm sewer to an existing public stormwater basin
located near the northwest corner of the site before eventually discharging into the
existing regional infiltration basin located within Outlot C, Spirit of Brandtjen Farm
6 Addition. Prior to City Council consideration, the Developer must submit legal
descriptions that establish a temporary public drainage and utility easement across
Outlot B, Spirit of Brandtjen Farm 7 Addition for the conveyance of the stormwater
runoff.
The final grading plan must identify all fill lots in which the building footings will be
placed on fill material. The grading specifications must indicate that all
embankments meet FHA /HUD 79G specifications. The Developer shall certify to the
City that all lots with building footings placed on fill material are appropriately
constructed. Building permits shall not be issued until an as -built certified grading
plan has been submitted and approved by City staff.
SPIRIT OF BRANDT3EN FARM 7"' ADDITION
7uLr 14, 2011
* *REVISED ** 3ULY 25, 2011
PAGE 7 OF 11
A National Pollution Discharge Elimination System General Stormwater Permit for
construction activity is required from the Minnesota Pollution Control Agency for
areas exceeding one acre being disturbed by grading. A copy of the Notice of
Stormwater Permit Coverage must be submitted to the City upon receipt from the
MPCA.
RESIDENTIAL BUFFER YARD REQUIREMENTS
A buffer yard berm and landscaping screen was provided adjacent to 170 Street
with previous Spirit of Brandtjen Farm improvements. A certified as -built grading
plan of the buffer yard berm must be submitted and approved by City staff.
A buffer yard berm and landscaping screen with a combined height of 10 feet will be
provided adjacent to Diamond Path, as shown on the landscape plan. A certified as-
built grading plan of the buffer yard berm must be submitted and approved by City
staff prior to the installation of any buffer yard plantings.
STORM SEWER
Development of Spirit of Brandtjen Farm 7 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
an existing public stormwater basin located near the northwest corner of the site
(Outlot C, Spirit of Brandtjen Farm 6 Addition).
Draintile construction is required in areas of non - granular soils within Spirit of
Brandtjen Farm 7 Addition for the street sub -cuts and lots. Any additional draintile
construction, including perimeter draintile required for building footings, which is
deemed necessary during construction, shall be the Developer's responsibility to
install and finance.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels
and must be paid with the final plat. The Trunk Storm Sewer Area Charge is
calculated as follows:
Gross Area of Spirit of Brandtjen Farm 7 Addition
Less Area of Outlot B (Future Development)
Less Area of Diamond Path Right -of -Way
Total
489,135 s.f.
Net Area of Spirit of
Brandtjen Farm 7 Addition
3,491,506 s.f.
( -) 2,942,010 s.f.
( -) 60,361 s.f.
= 489,135 s.f.
x $0.167/s.f. = $81,685.55
Area Charge Total
SPIRIT OF BRANDT3EN FARM 7 T " ADDITION
JULY 14, 2011
* *REVISED ** JULY 25, 2011
PAGE 8 OF 11
The Developer has a $240,653.19 Trunk Storm Sewer credit carried over from Spirit
of Brandtjen Farm 6th Addition. The $81,685.55 Trunk Storm Sewer Area Charge for
Sprit of Brandtjen Farm 7 Addition will be applied to the existing Trunk Storm
Sewer credit. A new balance of $158,967.64 shall be applied to future phases of the
Spirit of Brandtjen Farm development.
The Trunk Storm Sewer Area Charge has not been collected on Outlot B, Spirit of
Brandtjen Farm 7 Addition and shall be paid (or credited) at the time the outlot
develops.
WETLANDS
There are no existing wetlands within the Sprit of Brandtjen Farm 7 Addition site.
TREE PRESERVATION
There are no significant trees within the Sprit of Brandtjen Farm 7 Addition site.
EROSION CONTROL
An erosion control plan has been submitted and includes the following:
• A single rock construction entrance.
• A seed and mulch specification that meets City requirements.
• Inlet protection on all storm sewer structures.
• Silt fence to protect offsite areas from sediment transport.
• All 3:1 slopes will be seeded and stabilized with fiber blanket or sod.
• The site will be re- vegetated within 48 hours of rough and final grading.
• Temporary sediment basins are shown on the grading plan.
• All streets shall be cleared of debris at the end of each day and maintained to
provide safe driving conditions. Street sweeping shall be done weekly or
more often as needed.
A concrete washout area must be identified in the field and constructed per City
specifications. Erosion control blankets must be installed on all stormwater basin
slopes that are disturbed during construction. Silt fence or sod (36" minimum
width) must be installed behind the curb following the installation of the private
utilities. Additional erosion control measures may be required during construction as
deemed necessary by City staff or the Dakota County Soil and Water District. All
additional measures shall be installed and maintained by the Developer.
SPIRIT OF BRANDT3EN FARM 7"' ADDrrION
JULY 14,2011
* *REVISED ** 3uLY 25, 2011
PAGE 9 OF 11
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer - installed
improvements relating to Sprit of Brandtjen Farm 7 Addition. Construction costs
are based upon estimates submitted by the Developer on July 14, 2011.
CONSTRUCTION COSTS
Sanitary Sewer $ 109,616.37
Watermain 128,344.49
Storm Sewer 110,805.37
Street Construction 227,010.50
Site Grading, Erosion Control, Restoration and Grading 10,108.50
Certification
SUBTOTAL - CONSTRUCTION COSTS $ 585,885.23
OTHER COSTS
Developer's Design (6.0 %) $ 35,153.11
Developer's Construction Survey (2.5 %) 14,647.13
City's Legal Expense (0.5 %) 2,929.43
City Construction Observation (7.0 %) 41,011.97
Developer's Record Drawing (0.5 %) 2,929.43
Landscaping 40,000.00
Street Lights 8,400.00
Lot Corners /Iron Monuments 3,600.00
SUBTOTAL - OTHER COSTS $ 148,671.07
TOTAL PROJECT SECURITY $ 734,556.30
The streetlight security totals $8,400.00, which consists of seven post -top
streetlights at $1,200.00 each.
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 $3,600.00. 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.
SPIRIT OF BRANDT3EN FARM 7 T " ADDITION
JULY 14, 2011
* *REVISED ** JULY 25, 2011
PAGE 10 OF 11
CASH FEES
The cash fee for traffic control signs is $1,172.00, which consists of two street and
stop signs, one stop sign and one "No Outlet" 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 street light operating expenses shall be paid with the final
plat and is calculated as follows:
34 units x $7.65 /unit /qtr. x 4 qtrs. = $1,040.40
Dwelling Units Street Light Operating Fee Total
A cash fee for one -year of surface water management expenses shall be paid with
the final plat and is calculated as follows:
x 4 qtrs. = $952.00
34 units x $7.00 /unit /qtr.
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:
36 lots and outlots x $75.00 /unit = $2,700.00
Lots and Outlots City Base Map Updating Fee Total
The Developer shall submit the final plat and construction drawings in an electronic
format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file.
The Developer shall also pay a cash fee for City Engineering Administration. The fee
for City Engineering Administration will be based on three percent (3.00 %) of the
estimated construction cost, or $17,576.56.
CASH REQUIREMENTS
Sanitary Sewer Availability Charge
Traffic Control Signs
Street Light Operating Fee
Surface Water Management Fee
City Base Map Updating Fee
City Engineering Administration (3.00 %)
TOTAL CASH REQUIREMENT
$ 10,438.00
1,172.00
1,040.40
952.00
2,700.00
17,576.56
$ 33,878.96
SPIRIT OF BRANDTIEN FARM 7"' ADDITION
3ULY 14,2011
* *REVISED ** 7uLY 25, 2011
PAGE 11 OF 11
NEW BALANCE OF DEVELOPER CREDITS
Park Dedication Credit
Trunk Storm Sewer Credit
TOTAL DEVELOPER CREDITS
* *TO BE APPLIED TO FUTURE PHASES **
RECOMMENDATION
$ 255,357.22
158,967.64
$ 414,324.86
Engineering recommends approval of the preliminary plat, final plat, grading plan
and utility plan for Sprit of Brandtjen Farm 7 Addition, subject to the comments
within this report and the following:
Prior to City Council consideration:
• The Developer must submit proposed profile grades for Diamond Path to
Dakota County and the City to ensure that the future grading and street
construction, including trails, storm sewer and draintile, can be constructed
within Diamond Path right -of -way.
• The Developer must submit legal descriptions that establish a temporary
public drainage and utility easement across Outlot B, Spirit of Brandtjen Farm
7 Addition for the conveyance of the stormwater runoff.