HomeMy WebLinkAbout7.a. Final Plat and Subdivision Agreement for Bella Vista 2nd Addition4ROSEMOUNTEXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meeting Date: August 27, 2013
City Council Meeting Date: October 1, 2013
AGENDA ITEM: Case 13- 30 -FP:
AGENDA SECTION:
Final Plat and Subdivision Agreement for
New Business
Bella Vista 2nd Addition (Lennar)
PREPARED BY: Clarissa Hadler —Comm. Dev. Intern
AGENDA NO. `(.0j,
ATTACHMENTS: Location Map; Final Plat; Bella Vista
Preliminary Plat; Bella Vista PUD; City
APPROVED BY:
Engineer's Memorandum dated August 21;
Park and Recreation Director's
Memorandum dated August 22; Fire
Marshal's Memorandum dated August 16
RECOMMENDED ACTIONS:
1. Motion to Recommend that the City Council approve the Final Plat for Bella Vista
2nd Addition, subject to the following conditions:
1. Drainage and utility easements with storm sewer infrastructure may contain
fences but shall be required to include gates to provide truck access; shall
prohibit sheds or other accessory structures; and shall prohibit landscaping
that would impede drainage.
2. Conservation easements shall be recorded over all wooded areas, wetlands,
wetland buffers, stormwater ponds and stormwater buffer strips. Fences are
not allowed in the conservation easements.
3. Create and record a restrictive covenant on the retaining wall located on
private property that ensures that it is the homeowner's cost and responsibility
to maintain the retaining wall.
4. Developer will fund up to 50% of the cost to upgrade Bacardi Avenue.
5. Payment of $8,715 for the prorated portion of the 42 -52 AUAR costs.
6. Wetland buffers at Lots 22 and 23, Block 11 should be adjusted to allow
twenty (20) foot setback.
7. Payment of $37,290 for landscaping security.
8. Compliance with the conditions and standards within the City Engineer's
Memorandum dated August 20, 2013.
9. Compliance with the conditions and standards within the Park and Recreation
Director's Memorandum dated August 22, 2013.
10. Compliance with the conditions and standards within the Fire Marshal's
Memorandum dated August 16, 2013.
11. Development of Bella Vista 2" Addition is predicated on the City Council
authorizing installation of public utilities and upgrading of Bacardi Avenue to
an urban section. No building permits will be issued for Bella Vista 2nd
Addition prior to the City Council ordering the Bacardi Avenue road and utility
SUMMARY
Applicant: Lennar Corporation
Comp. Guide Plan Designation: LDR — Low Density Residential
Current Zoning: R -1, Low Density Residential with the Bella Vista Planned Unit
Development (R -1: PUD)
The applicant, Lennar Corporation ( Lennar), requests approval of a Final Plat for Bella Vista 2nd Addition to
allow development of 28 single family lots. The final plat is necessary to facilitate subdivision of the subject
property into individual residential lots, outlots and public streets. Staff finds the application consistent with
the Bella Vista Preliminary Plat and recommends approval of this application subject to the conditions
detailed in the attached resolutions.
BACKGROUND
In July, the City Council approved a Preliminary Plat, Planned Unit Development (PUD) Master
Development Plan with Rezoning and Zoning Ordinance Amendment for the 158 single family lot Bella
Vista development. The applicant now proposes to plat the first 28 single family lots into the second phase
of this development to be known as Bella Vista 2nd Addition.
ISSUE ANALYSIS
Legal Authority. This application is a Quasi - Judicial action. The final plat application is Quasi-judicial
because the City has a set of standards and requirements for reviewing this type of application that is
described in detail below. Generally, if the final plat meets the ordinance requirements it must be
approved.
Land Use and Zoning. The proposed 28 lot single family development is consistent with the current land
use and zoning classifications. The subject property is guided LDR — Low Density Residential and zoned R-
1, Low Density Residential with the Bella Vista Planned Unit Development (PUD). As a result, the property
is subject to all the standards of the R -1, Low Density Residential zoning districts as well as the standards for
detached single family units contained in the PUD. While this development is subject to all of the
conditions and development standards contained in the PUD, the most notable are provided below.
1. Section 11 -4 -5 F. 1. R -1 Minimum Lot Area: The minimum lot area shall be 9,250 square feet.
2. Section 11 -4 -5 F. 2. R -1 Minimum Lot Width: The minimum lot width shall be 75 feet.
3. Section 11 -4 -5 F. 4. R -1 Minimum Front Yard Setback: The minimum front yard setback shall be
25 feet.
4. Section 11 -4 -5 F. 5. R -1 Minimum Side Yard Setback: The minimum side yard setback shall be
7.5 feet.
5. Comprehensive Wetland Management Plan Section IX. B. Structural Setback from Wetland
Buffers: The structural setback for lots containing wetland buffers shall be a minimum of 20 feet.
2
Final Plat. Standards for reviewing subdivision requests are detailed in Title 12 of the Rosemount City
Code. This section of the Code outlines the two -step Preliminary and Final Plat process for land
subdivision. In this case, the preliminary plat was approved in July 2013 consisting of 158 single family
lots and various outlots. The Bella Vista Final Plat included subdividing into outlots to permit transfer of
property to the City and Lennar. The current application proposes to plat the first 28 single family lots.
The Bella Vista 2nd Addition Final Plat is consistent with the Bella Vista Preliminary Plat. Note that the
construction plans still have the preliminary plat lot numbers which are different than the final plat lot
numbers.
Streets & Access. Initial access to this development is provided through Bacardi Avenue. It is expected
that Bacardi will be upgraded to a paved section and public utilities extended. If the Council does not
authorize the road and utility project, this plat cannot move forward. This caveat is reflected in the
conditions of approval.
The first phase of development includes a short portion of Street A coming into the development from
Bacardi Avenue and 2 cul -de -sacs running north and south off from it. Street B cul -de -sac measures
approximately 520 feet in length and Street C cul -de -sac measures approximately 500 feet in length. Due
to the topography and presence of wetlands in the development, staff feels the use of cul -de -sacs is
appropriate.
Landscape and Bernzing. The landscape plan appears consistent with the minimum number of
plantings required by the City Code (one per interior lot or two per corner lot). The plan includes 242
overstory deciduous, 65 evergreens and 32 ornamentals. As a result, the recommended conditions
includes that the applicant provide a landscape security equal to $37,290 (110% of the value of all
plantings). The Engineering memo includes a condition of approval stating that trees shall not be planted
within the drainage way, over the proposed storm sewer or within the pond access locations. The
plantings should be placed a minimum of 15 feet from the storm sewer (see attached).
Grading. The grading plan depicts three areas of the site that will be graded during Phase 1. The area for
the first 28 lots and associated ponding will be graded on the west side of the site adjacent to Bacardi
Avenue. An area on the far east side will be graded for stormwater infiltration and the southeast corner
will be graded for wetland mitigation. The majority of the Bella Vista site cannot infiltrate stormwater.
The grading occurring at the eastside creates an infiltration basin to handle stormwater from the entire site,
including the 2nd Addition. The construction of the development is proposed to impact a total of 0.42
acres of wetland, which is to be replaced at a ratio of 2:1 with a total required mitigation of 0.84 acres.
Mitigation is proposed in two areas around Wetland 5 in the southeast corner of the Bella Vista site. This
mitigation is being done during Phase 1 to compensate for wetland impacted in the Bella Vista 2nd
Addition.
Parks and Open Space. The Parks and Recreation department conducted a park dedication analysis
during the Bella Vista Preliminary Plat review. There is a total of 0.65 acres of park credit for the entire
development, all of which will be applied to the Phase One final plat. This results in a pro -rated reduction
for these 28 lots and a fee per home of $1426.75. All future final plats will pay fee -in -lieu of park
dedication at the rate approved by the City Council. Comments regarding this application are detailed in
the attached memo dated August 22, 2013.
3
Sidewalks, Trails and Pathway. The applicant's plans demonstrate sidewalks will be placed consistent
with the requirements of the preliminary plat. The trail along Bacardi Avenue will be constructed with the
roadway improvement and the regional trail to the south and east of these homes will be constructed
during the next phase of development including the homes along Horseshoe Lake and the City park.
Engineering Comments. The Assistant City Engineer has reviewed the proposed Bella Vista 2nd
Addition final plat and has a few minor concerns. The developer will be responsible for up to 50% of the
costs to upgrade Bacardi Avenue. Drainage and utility easements with storm sewer infrastructure may
contain fences but shall be required to include gates to provide truck access; shall prohibit sheds or other
accessory structures; and shall prohibit landscaping that would impede drainage. Conservation easements
shall be recorded over all wooded areas, wetlands, wetland buffers, stormwater ponds and stormwater
buffer strips. Fences are not allowed in the conservation easements. A restrictive covenant should be
created and recorded for the retaining wall located on private property that ensures that it is the
homeowner's cost and responsibility to maintain the retaining wall. Comments regarding this application
are detailed in the attached memo dated August 20, 2013.
Fire Marshal Comments. The Fire Marshal has reviewed the proposed Bella Vista 2 "d Addition final
plat. Comments regarding this application are detailed in the attached memo dated August 16, 2013.
CONCLUSION & RECOMMENDATION
Staff recommends approval of the Final Plat and Subdivision Agreement for Bella Vista 2 "d Addition
creating 28 single family lots. This recommendation is based on the information submitted by the applicant,
findings made in this report and the conditions detailed in the attached resolutions.
2
Dakota County, MN
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not Map Scale
a legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 1601 feet
verification, Dakota County assumes no legal responsibility for the information contained in this data. 8/20/2013
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4ROSEMOUNT
PUBLIC WORKS
MEMORANDUM
DATE: August 21, 2013
TO: Eric Zweber, Senior Planner
CC: Kim Lindquist, Community Development Director
Andrew Brotzler, Director of Public Works /City Engineer
Dan Schultz, Parks and Recreation Director
Chris Watson, Public Works Coordinator
Kathie Hanson, Planning & Personnel Secretary
FROM: Phil Olson, Assistant City Engineer
RE: Bella Vista 2nd Addition Plan Review
SUBMITTAL:
Prepared by Westwood Engineering, the Bella Vista 2nd Addition final plat dated July 23, 2013 was
received July 30, 2013. Engineering review comments were generated from the following
documents included in the submittal:
Grading, Drainage, & Erosion Control Plans (8 pages) dated July 23, 2013 are comprised of
the following:
• Grading, Drainage & Erosion Control Plan
• Profiles
o Details
• Final Lot Areas, (2 pages) dated July 9, 2013
Bella Vista 2nd Addition Final Plat, (2 pages)
DEVELOPMENT FEES:
The developer will be responsible for the cost of the improvements within the development
and a share of the future cost to construct Autumn Path, with the cooperation of the
adjacent property. A feasibility report detailing the developer's costs and financial
responsibilities is currently being completed. The report will include roadway and utility
improvements and will identify the funding responsibility for the Bella Vista development.
It will also detail the schedule for when improvements will be required. The report will need
to be finalized prior to the approval of a developer's agreement. Below is a listing of some
of the items the developer will be responsible for funding.
• Autumn Path
• Ponding
• Utility extensions
• Utility relocation
o Right -of -way
• Roadway and utility improvements
• Temporary sanitary sewer lift station
• Removal of temporary infrastructure
o Cul -de -sacs
o Sanitary sewer lift station
• Stormwater management, lift station, and forcemain
2. The developer will be responsible for a share of the cost to upgrade Bacardi Avenue to an
urban roadway for the segment adjacent to the development. A feasibility report is currently
being completed. The report will include roadway and utility improvements and will identify
the funding responsibility for the Bella Vista development. The developer is responsible for
the entire cost of the feasibility report if Bella Vista is not developed.
3. The developer will be responsible for the cost of all sidewalks and trails internal to the
development. The developer will be responsible for grading the regional trail.
4. The developer will be responsible for the cost for the first roadway seal coat, trail fog seal,
and street lighting.
5. Additional development fees are required based on the current Schedule of Rates and Fees.
For 2013, the estimated development fees are listed below:
No.
Item
Cost
Calculation
1
GIS Fees
$ 1680
$60 /unit * 28 units
2
Storm Sewer Trunk Charge
$ 102,563
$6865 /net developable acre x 14.94 acres
3
Sanitary Sewer Trunk Charge
$ 18,103
$1075 /acre x 16.84 acres
4
Watermain Trunk Charge
$ 107,019
$6500 /acre x 16.84 acres (minus $2,441 Outlot G credit *)
Total
1 $ 229,365
GENERAL COMMENTS:
6. A feasibility report is currently being completed for the entire Bella Vista development. The
feasibility report will determine the following items:
• Stormwater management
• Sanitary sewer to exception parcels
• Details with a temporary sanitary sewer lift station
• Details with the temporary cul -de -sacs
• Well locations
• Utility layout, sizes and phasing
7. The lot and block numbers are required to match between the plat and grading plan. The
grading plan is required to be updated.
8. The city is currently working on feasibility report for Bacardi Avenue. This report is
required prior to finalization of a subdivision agreement.
9. Individual lots, post home construction, are not allowed to be constructed with a slope
greater than 1:4. The final lot survey is requirement to verify that this requirement is met.
In the past, walkout models have not used the entire building pad which increases the grade
from the front to the back of the house.
10. Northern Natural Gas, Koch Pipeline, and Magellan Pipeline all have gas pipelines within
the proposed development. Crossing permits and grading permits are likely required from
the gas companies for the proposed improvements. The developer is required to work with
the gas companies to execute any required permits.
11. Conservation easements are required over all stormwater ponds, infiltration basins, wetlands,
and buffers. Signage for conservation easements shall be provided by the developer and an
extended 5 year maintenance warranty shall be required to ensure establishment of the
naturally vegetated areas. Costs associated with the establishment of the naturally vegetated
areas and the 5 year maintenance period shall be a cost of the development.
12. All areas proposed to be naturally vegetated are required to be established by the developer
and maintained with a 5 year maintenance period. Costs associated with the establishment
of the naturally vegetated areas and the 5 year maintenance period shall be a cost of the
development.
13. Storm sewer is proposed along the side and back lot lines of certain properties to convey
rear yard drainage. Drainage and utility easements along these lines shall prohibit the
installation of sheds to ensure that access can be provided for storm sewer maintenance.
Fences are allowed but shall not restrict drainage and are required to include gates for truck
access over the drainage and utility easement. Also, landscaping that will block access should
be prohibited. These restrictions should be added as a restriction on the property deed.
This will impact the following properties (lots /blocks from grading plan):
• Block 8: Lot 2
• Block 9: Lot 1
• Block 11: Lot 22, 23
14. Trees should not be located over storm sewer pipes or within emergency overflow routes or
overland flow routes. Additionally, trees located on individual properties should not be
planted near the sanitary sewer and water service lines. These trees should be positioned a
minimum of 15 feet from the service lines.
15. The width of drainage and utility easements over all public utilities shall be verified during
final design.
16. The grading for the regional trail is required to meet ADA trail standards and be in
conformance with the Mn /DOT Bikeway Facility Design Manual.
17. Retaining walls and fences are required to be installed by the developer with the mass
grading of the site. Retaining walls and fences are required to be owned and maintained by
the developer or individual property owner.
18. Temporary construction easements will be required for all grading shown outside of the
property limits.
19. Contour annotations should be added to the plan at all ponds and the infiltration basin (1:4,
1:10,13).
20. A permit from the DNR is required to grade below the OHW. This is proposed adjacent to
Wetland B (Mare Pond).
21. The trail extension to the exception parcel, east of the regional trail and just north of Mare
Pond, should be included with the first phase of the development.
22. Sight triangles are required on Street H at the intersection with Bacardi Avenue.
STORMWATER MANAGEMENT COMMENTS:
23. A storm sewer lift station from Basin 1424 is required as part of a regional improvement to
manage future runoff from the White Lake watershed and a local improvement to direct
runoff from the development from Basin 1424 to the infiltration basin. The developer is
required to include the proposed forcemain alignment with the site plans. The system design
should include the forcemain alignment for discharging to the infiltration area and
discharging downstream to Mare Pond. Valves should be included to direct the flow in the
forcemain. The forcemain should be located within the project right -of -way or drainage and
utility easement. In addition to payment of stormwater trunk fees, the developer will be
responsible for paying the additional cost associated with the construction of the diversion
system (force main, valves, monitoring system and controls) to carry this water to the
24. Additional ponding is required for the upgrade of Bacardi Avenue. The city has identified
the wetland in Lot 23 and Lot 24 as a location where ponding if possible if the pond in Lot
23 is expanded. The developer should provide ponding easements in the rear yards of Lot
23 and Lot 24. Also, the Bacardi Avenue pond should be constructed with the site grading
for the 2nd Addition. The City will be responsible for any additional wetland mitigation due
to ponding for Bacardi Avenue.
25. A permanent operation plan for the lift station, diversion system, and infiltration basin is
required to be provided by the developer that demonstrates that adequate freeboard is
present for structures for a 100 -year storm event and to meet the city requirements for
infiltration.
26. An operational plan to provide flood protection for the site and surrounding structures prior
to installation of the permanent lift station is required to be provided by the developer. The
plan is required to provide rates, frequency, and allowable depths of water. This plan is
required to be submitted with the final plat of the Bella Vista 2nd Addition.
27. Additional discussions are required with the developer to find the best option to meet the
stormwater requirements on a phased basis. One option may be to pump a predetermined
amount of water from Basin 1424 to allow for the additional drainage from the
development. This could be done on an annual basis until the storm sewer lift station is
construction in Phase 2. It is the developer's responsibility to manage the stormwater
protection for the site and property adjacent to the site until the lift station and diversion
system is fully operational. The entire cost to operate any temporary system to keep the site
in conformance with the City flood protection standards will be at the developer's expense.
28. Additional infiltration testing data is required to verify that the rate control design is in
conformance with City requirements. The infiltration testing should be completed during
site grading and at the proposed grading plan elevations. It should be noted that a clay layer
is shown in the boring logs at 942, which is at the bottom of the infiltration area. If the
tested site infiltration rates are not deemed adequate by the City, the developer will be
required to bring the site into conformance with City standards.
29. Piezometer readings are required across the site to verify the separation between the low
floor and groundwater elevations is in compliance with city standards. Piezometer readings
are required to be submitted to the city prior to approval of the grading plan.
30. The storm sewer system design calculations and drainage area calculations will be reviewed
with the final plat. Storm sewer that exceeds 10 feet in depth will require additional drainage
and utility easement.
31. All stormwater ponds are required to contain a clay liner to the NWL.
32. Riprap or other some other erosion control method is required at all pond and wetland EOF
locations.
33. The low floor building openings within the property north of Basin 1424 are required to
verify that the development will not cause flooding.
34. A DNR outlet permit for Basin 1424 is required to establish the management elevation at
934.0. Permit approval is required prior to approval of the grading plan.
35. The Basin 1424 outlet elevation of 934.0 will need to be approved by the DNR for the development
to be in conformance with the city's water quantity requirements.
36. The easements on Lot 26, Lot 27 and Lot 29, Block 11 are required to encompass the rear
yard overland flow routes.
WETLAND COMMENTS:
37. The regional trail is shown to cross Wetland B. Crossing options are currently being
considered. Mass grading is not allowed in the wetland and silt fence should be installed to
protect this area during grading operations.
38. The wetland mitigation plan is shown on Sheet 5. A temporary and permanent seeding plan
is required to be provided. The plan is required to be in conformance with the WCA permit
for the project.
39. A protection plan for the mitigation area before and after the project is required to be
provided to prevent staging of equipment or disturbance of the area after grading.
40. The WCA Deed forms for the mitigation area are required to be filed with Dakota County
and a copy provided to the City.
41. Wetland buffer monuments are required throughout the entire final plat area. This extends
beyond the grading limits shown on the grading plan.
Should you have any questions or comments regarding the items listed above, please contact me at
651 - 322 -2015.
4ROSEMOUNT
PARKS AND RECREATION
M E M O R A N D U M
To: Kim Lindquist, Community Development Director
Eric Zweber, Senior Planner
Jason Lindahl, Planner
Andy Brotzler, Public Works Director /City Engineer
Phil Olson, Assistant City Engineer
From: Dan Schultz, Parks and Recreation Director
Date: August 22, 2013
Subject: Bella Vista 2nd Addition
Staff recently reviewed the plans for the 2nd addition of the Bella Vista Development and has the
following comments:
• The 2nd addition plans are consistent with the previous Bella Vista plans that have been
reviewed by the Parks and Recreation Department.
• The park dedication requirement for 28 single family lots is 1.12 acres (28 units x .04). The
developer will be using .65 acres of credit with the 2nd Addition. This will require cash in-
lieu of land dedication for the remaining .47 acres which is $39,950 (.47 x $85,000). Staff is
recommending the City spread the remaining cash dedication requirement for Bella Vista 2nd
Addition to all 28 homes. The parks dedication fee would be $1,426.79 ($39,950 divided by
28 units) for each unit.
Please let me know if you have any questions about this memo.
4ROSEMOUNT
FIRE DEPARTMENT
M E M O R A N D U M
To: Eric Zweber, Planner
From: Dale Chard, Fire Marshal
Date: August 16, 2013
Subject: Bella Vista 2 "d Addition
Upon review of the Bella Vista 2nd Addition Final Plat Submittal dated July 301h 2013,
provided for review by Westwood Professional Services Inc. on behalf of Lennar
Cooperation the Fire Marshal offers the following comments:
• The Preliminary PUD Plan as submitted substantially meets the minimum
requirements of the 2007 MN State Fire Code. Any changes to the Final Plan
will require further review.
• Facilities, building or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved access road.
2007 MSFC 503.2
Thank you,
Dale Chard
Fire Marshal
City of Rosemount