HomeMy WebLinkAbout6.m. Request by Lennar Corporation for the 28 Lot Final Plat of Bella Vista 3rd AdditionEXECUTIVE SUMMARY
City Council Meeting Date: April 21, 2015
AGENDA ITEM: Case 15-07-FP: Request by Lennar
Corporation for the 28 Lot Final Plat of Bella
Vista 3rd Addition
AGENDA SECTION:
Consent
PREPARED BY: Eric Zweber, Senior Planner AGENDA NO.
6.m.
ATTACHMENTS: Location Map; Resolution; Subdivision
Agreement; Final Plat; Bella Vista Preliminary
Plat; Grading Plans; Landscape Plans;
Engineering Memorandum dated April 14,
2015; Parks and Recreation Director
Memorandum dated April 14, 2015; Excerpt of
the April 2 Planning Commission Meeting
Minutes.
APPROVED BY:
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RECOMMENDED ACTION:
1.Motion to adopt a Resolution approving the Final Plat for Bella Vista 3rd Addition.
2.Motion to approve the Subdivision Development Agreement for Bella Vista 3rd
Addition and authorizing the Mayor and City Clerk to enter into this agreement.
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)
Gross Area: 17.0 Acres
Net Area: 10.0 Acres
Lots/Units: 28 Single Family Lots
Gross Density: 1.64 units/acre
Net (Met Council) Density: 2.80 units/acre
The applicant, Lennar Corporation (Lennar), requests approval of a Final Plat for Bella Vista 3rd 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.
AP RIL 2 PLANNING COMMISSION MEETING
The Planning Commission reviewed the Bella Vista 3rd Addition request on April 2. No residents were
present at the meeting.
Commissioner Forster asked how the regional trail is crossing Street E and what are the plans for the two
exception lots located on the north side of Bonaire Path. Staff stated that the regional trail will be crossing
the road at the north side of the intersection of Street E and Street EE. Staff stated that a ghost plat for
the two exception properties has been provided. The ghost plat shows that they can develop together or
independently with a future joint access to Bonaire Path and a future access to Bella Vista at the west edge
of the Brucker property.
The Planning Commission recommended approval of Bella Vista 3rd Addition Final Plat with the staff
recommendations on a 4-0 vote. Chair Miller was absent from the meeting.
BACKGROUND
In July 2013, 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. In November 2013, the City approved the first phase of Bella Vista, the 28 lot
subdivision named Bella Vista 2nd Addition. The applicant now proposes to plat the second phase with 28
additional single family lots to be known as Bella Vista 3rd 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.
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 lands into outlots to permit
transfer of property to the City and Lennar. The current application proposes to plat one of the outlots
creating 28 single family lots. The Bella Vista 3rd Addition Final Plat is consistent with the Bella Vista
Preliminary Plat.
Streets & Access. The access to this development is provided through the eastern stub of 131st Street
West that was created with Bella Vista 2nd Addition and connects to the rest of Rosemount at the
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intersection of 131st Street West and Bacardi Avenue. The private utilities and mass grading of Bacardi
Avenue were done in the summer of 2014 and paving of Bacardi Avenue will be complete in the early
summer 2015.
The second phase of development includes extension of 131st Street West to the intersection with Street E.
Street E will be stubbed to the north for future development and continue to the south across the gas
pipeline. After the pipeline, Street E will continue to the intersection of Street EE in which the
intersection can serve as a hammerhead turn around for emergency vehicles.
Landscape and Berming . 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 89 trees,
which include numerous trees on the public park to the east of final plat and along the regional trail
corridor to the south. These additional trees on public land are a part of the required tree replacement for
trees removed by the developer during grading activity. As a result, the recommended condition includes
the applicant provide a landscape security equal to $24,475 (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.
Grading . The grading plan depicts the grading of the site and how that will tie into the future
development. Some areas adjacent to the final plat will need to be graded as well. The pond to the south
of the final plat and north of the gas pipeline will be graded. Additionally, the City Park and the regional
trail corridor will need to be graded as well. The regional trail is planned to be installed this summer and is
described in greater detail in the parks description below. The proposed grading is consistent with the
grading approved in the preliminary plat.
Parks and Open Space. The Parks and Recreation Department conducted a park dedication analysis
during the Bella Vista Preliminary Plat review. A total of 0.65 acres of park credit from the entire
development was credited with the Bella Vista 2nd Addition approval and no park dedication credit
remains. The fee-in-lieu of park dedication is $3,400 per lot (0.04 acres times $85,000 per acre). The 28
lots would require $95,200 as fee-in-lieu of park dedication (28 lots times $3,400 per lot).
Lennar has 1.27 acres of park dedication credit from the Prestwick Place development. Lennar does not
have any remaining single family designated land with Prestwick Place. Lennar has requested and the
Parks and Recreation Director supports the use of this credit for the current Bella Vista 3rd Addition. Bella
Vista 3rd would require 1.12 acres of park dedication (0.04 acres per unit times 28 lots). Lennar will retain
the remaining 0.15 acres of credit for a future development within Rosemount.
With the improvements within Bella Vista 3rd Addition, the City Park will be available. The Parks and
Recreation Department is beginning to plan for this park and the Greystone Park.
Sidewalks, Trails and Pathway. The applicant’s plans indicate that the sidewalks will be placed
consistent with the requirements of the preliminary plat. With the improvements within Bella Vista 3rd
Addition, the regional trail corridor will be graded from the northwest corner of Bonaire Path and Bacardi
Avenue through the City Park to the eastern edge of the preliminary plat boundary. The regional trail will
be constructed this fall and will provide a connection to the trail in Meadows Park to the south and
eventually into Erickson Park and Downtown Rosemount. Lennar will not be responsible for the cost of
trail construction; however will be grading the trail. Since this is an adopted regional trail, the
Metropolitan Council will be paying for the construction of the regional trail.
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Engineering Comments. The Assistant City Engineer has reviewed the proposed Bella Vista 3rd
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. The pro-rated portion of that cost for Bella Vista 3rd addition is
$164,304. 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
April 14, 2015.
CONCLUSION & RECOMMENDATION
Staff and the Planning Commission recommend approval of the Final Plat for Bella Vista 3rd 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 memorandums.
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015 -
A RESOLUTION APPROVING THE FINAL PLAT FOR BELLA VISTA 3RD ADDITION
WHEREAS, the City of Rosemount received a request for Final Plat approval from Lennar
Corporation concerning property legally described as:
Outlot E, BELLA VISTA, according to the recorded plat thereof, Dakota County,
Minnesota.
WHEREAS, on April 2, 2015, the Planning Commission of the City of Rosemount reviewed the
Final Plat for Bella Vista 3rd Addition; and
WHEREAS, on April 2, 2015, the Planning Commission recommended approval of the Final Plat
for Bella Vista 3rd Addition, subject to conditions; and
WHEREAS, on April 21, 2015, the City Council of the City of Rosemount reviewed the Planning
Commission’s recommendations.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Final Plat for Bella Vista 3rd Addition, subject to the following conditions:
1. Execution of a Subdivision Agreement.
2. 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.
3. Conservation easements shall be recorded over all wetlands, wetland buffers,
stormwater ponds and stormwater buffer strips. Fences are not allowed in the
conservation easements.
4. 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.
5. Grading of the entire regional trail corridor.
6. Compliance with the conditions and standards within the City Engineer’s
Memorandum dated April 14, 2015.
7. Compliance with the conditions and standards within the Park and Recreation
Director’s Memorandum dated April 14, 2015.
ADOPTED this 21st day of April, 2015, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk
SUBDIVISION AGREEMENT
Bella Vista 3rd Addition
AGREEMENT dated this ________ day of ________________________, 2015, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and U.S. HOME CORPORATION,
INC., a Delaware corporation, (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land
and a plat of land to be known as Bella Vista 3rd Addition, which land is legally described on
ATTACHMENT ONE, attached hereto and hereby made a part hereof (hereinafter referred to as the
“subject property”).
2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following
conditions:
a. Incorporation of recommendations of the City Engineer concerning design and installation of
public infrastructure and including grading, erosion control, streets and utilities.
b. Execution of a Subdivision or Development Agreement to secure the public and private
improvements.
c. Payment of all applicable fees including G.I.S., Park Dedication and other fees identified in the
current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, trails,
underpasses, conservation areas, streets and utilities.
e. Payment of $164,304 for the Developer’s share of the Bacardi Avenue improvement project, as
indicated on ATTACHMENT TWO. This amount is based on the construction estimates at the
time of execution of this Agreement and may be subject to change.
3. Phased Development. The City may refuse to approve final plats of subsequent additions of the
plat if the Developer has breached this Agreement and the breach has not been remedied.
Development of subsequent phases may not proceed until Subdivision Agreements for such phases
are approved by the City.
4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
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 Agreement to the
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contrary, to the full extent permitted by state law, the City may require compliance with any
amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication
requirements enacted after the date of this Agreement.
5. Development Plans. The subject property shall be developed in accordance with the following
plans, specifications and contract documents, original copies of which are on file with the City
Engineer. The plans and contract documents may be prepared, subject to City approval, after
entering this Agreement, but before commencement of any work on the Subject Property. If the
plans vary from the written terms of this Agreement, the written terms shall control. The plans are:
Plan A - Plat
Plan B - Soil Erosion Control Plan and Schedule
Plan C - Drainage and Storm Water Runoff Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Grading Plan and House Pad Elevations
Plan F - Street Lights
Plan G - Landscape Improvements
All Improvements, including Developer Improvements and City-Installed Public Infrastructure
Improvements (if any) that lie within the public right-of-way or easements and are improvements
listed in Minnesota Statutes, Section 429.021 (hereinafter Public Improvements) will be designed by
the City Engineer at Developer’s expense. The City Engineer will prepare plans and specifications
for Public Improvements and will perform all construction administration for the Public
Improvements, all at Developer expense. Construction administration includes but is not limited to
inspection, documentation, as-builts, surveying, field staking, testing and monitoring.
6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, hereinafter referred to as the “Developer Improvements”:
A. Surveying and staking
B. Surface improvements (paved streets, sidewalks, trails, etc.)
C. Water main improvements
D. Sanitary sewer improvements
E. Storm sewer improvements
F. Setting of lot and block monuments
G. Gas, electric, telephone, and cable lines
H. Site grading
I. Landscaping
J. Streetlights
K. Other items as necessary to complete the development as stipulated herein or in other
agreements
7. Time of Performance. The Developer shall install all required improvements enumerated in
Paragraph 6 that will serve the subject property by December 31, 2015, subject to delays due to
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inclement weather, casualty, labor strikes, material shortages, or other force majeure not within the
Developer’s reasonable control. 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.
8. City-Installed Public Infrastructure. The following improvements, hereinafter referred to as “City-
Installed Public Infrastructure Improvements” (known as City Project 464), shall be designed,
inspected, surveyed and administered by the City, and installed in the Subject Property at Developer
expense by a Contractor selected by the City through the public bidding process:
A. None
9. [This Section Intentionally Left Blank]
10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement,
payment of the costs of all Developer Improvements, and construction of all Developer
Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash deposit or
irrevocable letter of credit from a local bank (“security”) in the amount of One Million, One Hundred
Sixty-Six Thousand, Five Hundred Ninety-Six Dollars ($1,166,596). The amount of the security was
calculated as follows:
Cost 110%
Grading & Erosion Control $91,000 $100,100
Pond Restoration and Erosion Control Removal $25,000 $27,500
Survey Monumentation $14,000 $15,400
Landscaping $22,500 $24,475
Street Lighting (5 lights) $20,000 $22,000
Buffer Monumentation (30 signs) $1,500 $1,650
Cost 125%
Surface Improvements $359,863 $449,829
Water Main Improvements $136,435 $170,544
Sanitary Sewer Improvements $137,977 $172,471
Storm Sewer Improvements $146,102 $182,628
Total $954,127 $1,166,596
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with all terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with written notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2)
weeks of receiving notice, the City may draw on the letter of credit and take such steps as it deems
necessary to remedy the default. With City approval, the letter of credit may be reduced from time to
time as financial obligations are paid and Developer Improvements and other Developer obligations
are completed to the City’s requirements.
11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be coordinated by
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the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
development to the City as the site grading is completed by phase, with street and lot grades. If the
installation of utilities by the City is occurring simultaneously with the grading, the utility contractor
shall have preference over the grading activities. No substantial grading activities can be completed
over installed utilities unless otherwise protected. All improvements to the lots and the final grading
shall comply with the grading plan as submitted and shall be the responsibility of the Developer.
12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Subject Property to perform all work and inspections deemed appropriate by the
City. Such license shall terminate as to all single-family residential lots within the subject property
upon acceptance by the City of the public infrastructure improvements.
13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by
the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72
hours after the completion of the work in that area. Except as otherwise provided in the erosion
control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a
temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as
necessary for seed retention.
All basement and/or foundation excavation spoil piles shall be kept completely off City right-of-way
and shall be completely surrounded with an approved erosion control silt fence. Approved erosion
control fencing shall be installed around the perimeter of each lot or at City-approved locations at the
time of building permit issuance and remain in place until the lot is seeded or sodded. A 20-foot
opening will be allowed on each lot for construction deliveries.
The parties recognize that time is critical in controlling erosion. If development does not comply with
the erosion control plan and schedule, or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion. This right also applies to the required
erosion control for basement and/or foundation excavation spoil piles. The City will attempt to
notify the Developer in advance of any proposed action, but failure of the City to do so will not affect
the Developer’s or City’s rights or obligations hereunder. If the Developer does not reimburse the
City for any cost the City incurred for such work within thirty (30) days, the City may draw down the
letter of credit to pay any costs. No development will be allowed, and no building permits will be
issued unless the Subject Property is in full compliance with the erosion control requirements.
14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the
City Planner.
15. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction
work by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and
determine whether it is necessary to take additional measures to clean dirt and debris from the streets.
After 24 hours verbal notice to the Developer, the City will complete or contract to complete the
clean-up at the Developer’s expense in accordance with the procedures specified in Paragraph 13. The
Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of
erosion/siltation and restore to the original condition at the end of home construction within this
development. All silt fence and other erosion control should be removed following the establishment
of turf. These items are to be secured through the letter of credit as is noted in Exhibit A.
16. Ownership of Improvements. Upon completion and City acceptance of the work and construction
required by this Agreement, the Public Improvements lying within public rights-of-way and easements
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shall become City property without further notice or action unless the improvements are specifically
identified herein as private infrastructure.
17.Warranty. The Developer warrants all work required to be performed by it against poor material and
faulty workmanship for a period of two (2) years after its completion and acceptance by the City or
such longer period as is specified in plans and specifications prepared by the City Engineer for
Developer Improvements that are Public Improvements. All trees, grass and sod shall be warranted
to be alive, of good quality and disease free for twenty-four (24) months after planting. Vegetation
surrounding ponds and/or wetlands shall be warranted to be alive, of good quality and weed free for
three (3) years after planting.
18.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 Subject Property 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 subdivision and the plat, the
preparation of this Agreement and any amendments hereto, and all costs and expenses incurred
by the City in monitoring and inspecting the development of the Subject Property.
B. The Developer shall hold the City and its officers and employees harmless from claims made by
itself and third parties for damages sustained or costs incurred resulting from plat or subdivision
approval and development of the Subject Property, except for any costs or expenses arising
from the negligence or other wrongful acts or omissions of the City, it’s agents, employees or
contractors. The Developer shall indemnify the City and its officers and employees for all costs,
damages or expenses that the City may pay or incur in consequence of such claims, including
attorney’s fees.
C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement of
this Agreement, including engineering and attorney’s fees. Upon request, the City shall provide
invoices, in reasonable detail, as to any such fees. The remaining estimated City fees of $193,725
shall be deposited with the City at the time this Agreement is signed, and represent the following
amounts:
$10,000 Engineering Review Fees
$126,957 Construction Monitoring Fees (15%)
$3,000 Attorney Fees
$42,319 5% City Fees (based on engineer’s estimate of $846,377)
$1,440 Street Light Energy Cost
$1,680 GIS Fees
$8,330 Seal Coating
$193,725 Total Amount Due
If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the
City within ten (10) days of the request. If actual City fees are lower than this estimate, any
surplus funds will be returned to the developer when the project fund is reconciled and closed.
D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt development work and construction including, but not limited to, the issuance of
building permits for lots that the Developer may or may not have sold, until the bills are paid in
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full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%)
per year.
E. The Developer shall pay all energy costs for street lights installed within the Subject Property for
24-months at a cost of $12/month/light. After that, the City will assume the energy costs.
F. The Developer will pay the cost of sealcoating the streets within the development at a cost of
$1.70/SY. The sealcoating will be completed within three (3) years following wear course
placement.
G. The Developer will pay the cost of fog sealing the trails within the development at a cost of
$0.20/SF. The fog sealing will be completed within three (3) years following trail installation.
19.The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the
time of execution of any plat by the City:
A. Park dedication fees in the amount of $0 (use 1.12 acres of the 1.27 acre credit from Prestwick Place)
B. Storm Sewer Trunk Area Charges in the amount of $1,140 (includes $66,000 credit for storm
sewer oversizing)
C. Sanitary Sewer Trunk Area Charges in the amount of $10,782
D. Watermain Trunk Area Charges in the amount of $65,195
Or other amounts for such fees as in effect at the time of plat approval.
20.The Developer understands that builders will be required to pay for the Subject Property fees, charges
and assessments in effect at the time of issuance of building permits. The rates for each of these items
will be set according to the current rate structure at the time the building permit is received. The fees,
charges, and assessments in effect as of the date of this agreement are:
A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is
$2,485).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single
family currently at $770; multi-family currently at $290 per housing unit).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200/SAC unit).
D. Water Availability Charges per SAC unit (currently at $2,175/SAC unit for single family
residential and multi-family residential).
21.Building Permits. No occupancy permits shall be issued until:
A. The site grading is completed and approved by the City.
B. All public utilities are tested, approved by the City Engineer, and in service.
C. All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
E. All building permit fees are paid in full.
F. No early building permits will be issued.
The Developer, in executing this Agreement, assumes all liability and costs for damage or delays
incurred by the City in the construction of Public Improvements caused by the Developer, its
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employees, contractors, subcontractors, material men or agents. No occupancy permits shall be issued
until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the City
(excluding the final wear course of bituminous), unless otherwise authorized in writing by the City
Engineer.
22. Record Drawings. At project completion, Developer shall submit record drawings of all public and
private infrastructure improvements in accordance with the City’s Engineering Guidelines. No
securities will be fully released until all record drawings have been submitted and accepted by the City
Engineer.
23. Verification of Final Payment. At project completion, Developer shall submit to the City a copy of
the final contractor pay voucher with an itemized summary of the construction costs. No securities
will be fully released until this information is submitted and accepted by the City Engineer.
24. 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 is first
given notice of the work in default, not less than 48 hours in advance. This Agreement 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, draw on
the letter of credit or other security described in section 10, or levy the cost in whole or in part as a
special assessment against the Subject Property. Developer waives its rights to notice of hearing and
hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes,
Section 429.081.
25. Miscellaneous.
A. The Developer represents to the City that the development of the Subject Property, the
subdivision and the plat comply 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 subdivision, or the plat, or the
development of the Subject Property does not comply, the City may, at its option, refuse to
allow construction or development work on the Subject Property 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 Agreement.
C. Breach of the terms of this Agreement 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 phase of this Agreement is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Agreement.
E. If building permits are issued prior to the completion and 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, the Developer, its
contractors, subcontractors, material men, employees, agents or third parties.
F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions
of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
Bella Vista 3rd Addition
March / 2015
Page 7 of 12
parties and approved by written resolution of the City Council. The City’s failure to promptly
take legal action to enforce this Agreement shall not be a waiver or release.
G. This Agreement shall run with the land and may be recorded against the title to the subject
property. The Developer shall take such steps, including execution of amendments to this
Agreement, as are necessary to effect the recording hereof. After the Developer has completed
the work required of it under this Agreement, at the Developer’s request, the City will execute
and deliver to the Developer a release.
H. 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 the
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.
I. The Developer may not assign this Agreement without the written permission of the City
Council.
26. 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 registered mail at the following
address:
MN Land Division
U.S. Home Corporation
16305 36th Avenue North, Suite 600
Plymouth, MN 55446
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or
mailed to the City by registered mail in care of the City Administrator at the following address:
City Administrator
Rosemount City Hall
2875 145th Street West
Rosemount, Minnesota 55068
Bella Vista 3rd Addition
March / 2015
Page 8 of 12
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
CITY OF ROSEMOUNT
BY:
William H. Droste, Mayor
BY:
Clarissa Hadler, City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of _____________________, 2015,
by William H. Droste, Mayor, and Clarissa Hadler, City Clerk, of the City of Rosemount, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
U.S. HOME CORPORATION, INC.
BY:
Its
BY:
Its
STATE OF MINNESOTA )
) SS
COUNTY OF _____________)
The foregoing instrument was acknowledged before me this day of ______________________, 2015
by __ , its ______________________________________, and
_____________________________, its_________________________________ ________________ of
U.S. Home Corporation, Inc., a Delaware corporation, on behalf of said corporation.
Notary Public
Drafted By:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Bella Vista 3rd Addition
March / 2015
Page 9 of 12
EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Improvements that are
outlined in the Subdivision Agreement:
Grading & Erosion Control – A restoration and erosion control bond to ensure re-vegetation and erosion
control ($3,500/acre). Note: The minimum surety amount is set at $25,000.
Pond Restoration/Erosion Control Removal – A security to allow for cleaning of sedimentation ponds
prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood
fiber blanket following development of 75 percent of adjoining lots (estimated lump sum).
Survey Monumentation – An amount equal to 110% of the cost to monument all lots within the
development.
Landscaping – An amount equal to 110% of the cost to complete the minimum required landscaping. If
additional landscaping is planned, a surety for that cost is not required.
Retaining Walls – An amount equal to 110% of the cost to complete the retaining wall construction.
Street Lighting – An amount equal to 110% of the cost to complete the minimum required lighting. If
additional lighting is planned, a surety for that cost is not required ($4,000 per light has been used to
calculate this cost).
Buffer Monumentation – An amount equal to 110% of the cost to manufacture and install the necessary
buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this
cost).
Park Equipment – An amount equal to 110% of the cost of improvements agreed upon to be completed in
the park areas.
Wetland Monitoring – An amount equal to 110% of the cost to hire a wetland specialist to monitor the
mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City.
Wetland Restoration/Mitigation – An amount equal to 110% of the cost to develop new wetlands should
the mitigation not be effective ($20,000 per acre of mitigation).
Bella Vista 3rd Addition
March / 2015
Page 10 of 12
Bella Vista 3rd
EXHIBIT B (Page 1 of 2)
No.Item Cost 110%Calculation
1 Grading and Erosion Control 91,000$ 100,100$ $3500/acre x 26 acres
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 14,000$ 15,400$ $500/lot x 28 lots
4 Retaining Wall -$ -$ N/A
5 Landscaping 22,250$ 24,475$ Per City Planner, 89 trees x $250
6 Street Lights 20,000$ 22,000$ 5 lights x $4000/light
7 Buffer Monumentation 1,500$ 1,650$ 30 signs x $50/sign
8 Surface Improvements 359,863$ 449,829$ 125%
9 Water Main Improvements 136,435$ 170,544$ 125%
10 Sanitary Sewer Improvements 137,977$ 172,471$ 125%
11 Storm Sewer Improvements 146,102$ 182,628$ 125%
Total 954,127$ 1,166,596$
No.Item Cost
Estimated Construction Cost 846,377$
1 Engineering Review Fees 10,000$
2 Construction Monitoring Fees 126,957$
Design Fees Paid by Developer -$
3 Attorney Fees 3,000$
4 5% City Administrative Fees 42,319$
5 Street Light Energy Cost 1,440$
6 GIS Fees 1,680$
7 Trail Fog Seal -$
8 Seal Coating 8,330$
Total 193,725$
No.Item Cost
1 Storm Sewer Trunk Charge 1,140$
2 Sanitary Sewer Trunk Charge 10,782$
3 Water Trunk Charge 65,195$
4 Stormwater Ponding Fee -$
Total 77,117$
No.Item Cost
1 Park Dedication $ -
Total $ -
Use 1.12 acres of the 1.27 acre credit from Prestwick Place
15% of Estimated Construction Cost
Letter of Credit for Developer Improvements (due with signed agreement)
City Fees (due with signed agreement)
Calculation
City Engineer Estimation
City Engineer Estimation
Payment received xx/xx/xx
Development Fees (due with signed agreement)
Calculation
Calculation
$6865/net developable acre x 9.78 acres (minus $66,000 for
storm sewer oversizing)
$1075/acre x 10.03 acres
N/A
$6500/acre x 10.03 acres
$1.70/SY x 4900 SY (53% of total ROW)
Development Fees (due before signed plat is released)
Estimate
5% of Estimated Construction Cost
5 lights x 24 months x $12/month
$60/unit x 28 units, or $120/acre
N/A
Block Lots Units Block Lot Units SQ FT Acres
1 13 13 1 1 1 10806.683 0.25
2 7 7 1 2 1 10224.123 0.23
3 8 8 1 3 1 11180.708 0.26
1 4 1 12789.815 0.29
1 5 1 10632.663 0.24
1 6 1 10529.321 0.24
Total 28 28 1 7 1 10509.774 0.24
1 8 1 11474.447 0.26
Total Plat Area =16.99 acres 1 9 1 11457.633 0.26
Total Park Area 0.00 acres 1 10 1 12094.433 0.28
Future Plat Area =6.96 acres 1 11 1 12138.693 0.28
Developable Area =10.03 acres *1 12 1 11661.525 0.27
Ponding to HWL = 0.25 acres 1 13 1 11157.528 0.26
Net Developable Area =9.78 acres 2 1 1 17121.000 0.39
2 2 1 22030.218 0.51
* Excludes future plat and park areas 2 3 1 20463.042 0.47
2 4 1 19357.895 0.44
2 5 1 15802.408 0.36
2 6 1 15408.604 0.35
2 7 1 13558.906 0.31
3 1 1 11017.222 0.25
3 2 1 10228.368 0.23
3 3 1 10229.966 0.23
3 4 1 10229.966 0.23
3 5 1 10001.920 0.23
3 6 1 9807.932 0.23
3 7 1 10142.702 0.23
3 8 1 11874.731 0.27
Outlot A 303009.407 6.96
ROW 83104.662 1.91
Total Boundary 740046.292 16.99
sealcoat calc 44,045.5
sq. yd.4,893.9
Bella Vista 3rd
EXHIBIT B (Page 2 of 2)
Totals
Bella Vista 3rd Addition
March / 2015
Page 11 of 12
ATTACHMENT ONE
Bella Vista 3rd Addition
Final Plat
Bella Vista 3rd Addition
March / 2015
Page 12 of 12
ATTACHMENT TWO
Bacardi Avenue – Bella Vista Cost
Property Total Cost Per Foot $180
Property Total Length 2,347.17
Property Total Cost $422,491
Number of Lots (Phase 1 & 2) 72
Cost Per Lot $5,868
Bella Vista 2nd Addition (28 lots) $164,304
Bella Vista 3rd Addition (28 lots) $164,304
Bella Vista Future Phase(s) (16 lots) $93,888
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MEMORANDUM
DATE: April 14, 2015
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
Amy Roudebush, Planning & Personnel Secretary
FROM: Phil Olson, Assistant City Engineer
RE: Bella Vista 3rd Addition Plan Review
SUBMITTAL:
Prepared by Westwood Engineering, the Bella Vista 3rd Addition final plat dated December 29,
2014 was received February 12, 2015. An updated plan was received April 1, 2015. Engineering
review comments were generated from the following documents included in the submittal:
Grading, Drainage, & Erosion Control Plans (11 pages) revised March 31, 2015 are
comprised of the following:
o Grading, Drainage & Erosion Control Plan
o Street Profiles
o Details
Grading Limits (2 pages)
Final Landscape Plan ( 4 pages)
Bella Vista 3rd Addition Final Plat, (2 pages)
Final Lot Areas, dated February 2, 2015
DEVELOPMENT FEES:
1. The developer has requested that the city allow for the private installation of public
infrastructure on this development. A subdivision agreement has been prepared to
accommodate this request.
2. The developer is responsible for a share of the cost to upgrade Bacardi Avenue to an urban
roadway. The cost for this phase of Bella Vista is $164,304.
3. The developer will be responsible for the cost of sidewalks and trails internal to the
development. The developer will be responsible for grading the regional trail and Dakota
County will be responsible for the construction of the regional trail.
4. The developer will be responsible for the cost for the first roadway seal coat and street
lighting costs.
5. Additional development fees are required based on the current Schedule of Rates and Fees.
For 2015, the estimated development fees are listed below:
No. Item Cost Calculation
1 Storm Sewer Trunk Charge $ 1,140 $6865/net developable acre x 9.78 acres: $67,139
(Credit for forcemain: $66,000)
2 Sanitary Sewer Trunk Charge $ 10,782 $1075/acre x 10.03 acres
3 Watermain Trunk Charge $ 65,195 $6500/acre x 10.03 acres
Total $ 77,177
6. The developer is required to install the trunk storm sewer force main with this project. The
developer will construct the improvements and receive a credit to the storm sewer trunk area
charge. The cost of the force main is estimated to be $66,000.
SITE GRADING COMMENTS:
1. The 2015 Phase Limits plan sheet is required to be updated to include the following.
The park is required to be graded with this phase of the development.
The regional trail is required to be graded from Bonaire Path to future Autumn Path.
The 2015 Phase Limits plan sheet is required to be updated.
The trail extension from the regional trail to the exception parcel, east of the regional
trail is required to be graded and constructed with this phase of the development.
The 2015 Phase Limits plan sheet is required to be updated.
2. Due to poor soils on this property, the roadway section may need to be increased. The road
section should be reviewed in final design and verified during construction. The road
section used in Bella Vista 2nd Addition was 4 inches of pavement, 6 inches of class 5, 36
inches of select granular, and geotextile fabric. Additionally, roadway construction was
delayed to 2015 to allow for consolidation of the utility trenches.
3. 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.
STORMWATER MANAGEMENT COMMENTS:
1. The Bella Vista feasibility report shows that the infiltration basin is proposed with Phase 2 of
the overall development. The current proposed final plat area (Bella Vista 3rd Addition) is
only a portion of Phase 2 and does not include the construction of the infiltration basin.
The infiltration basin and forcemain outlet to the infiltration basin is required to be
constructed in 2016 with the next phase of the development.
2. The storm sewer lift station and a portion of the forcemain to manage Horseshoe Lake will
be installed in 2015 as a separate public project following the completion of Bella Vista 3rd
Addition. The forcemain shown within Street E will be required to be installed by the
developer’s contractor. The cost for this improvement will be credited against the
stormwater area charges in the subdivision agreement.
3. The storm sewer outlet pipe from Bonaire Path, located in the southeast corner of the site,
should be included with this project.
4. Riprap or other some other erosion control method is required at all pond and wetland EOF
locations.
GENERAL COMMENTS:
5. 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.
6. Northern Natural Gas, Koch Pipeline, and Magellan Pipeline all have gas pipelines within or
near 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.
7. 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 3 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 3 year maintenance period shall be a cost of the development.
8. 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.
9. 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:
Block 1: Lot 1, 2, 10, & 11
Block 2: Lot 1
10. 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. An updated utility layout should be shown on
the landscape plan and trees should be located as specified above.
11. The width of drainage and utility easements over all public utilities shall be verified during
final design.
12. Wetland buffer monuments are required throughout the entire final plat area. This extends
beyond the grading limits shown on the grading plan.
13. Riprap or other some other erosion control method is required at all pond and wetland EOF
locations.
Should you have any questions or comments regarding the items listed above, please contact me at
651-322-2015.
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: April 14, 2015
Subject: Bella Vista 3rd Addition
Staff recently reviewed the plans for the 3rd addition of the Bella Vista Development and has the
following comments:
The 3rd addition plans are consistent with the previous Bella Vista plans that have been
reviewed by the Parks and Recreation Department.
The developer is responsible to grade the park trail and regional trail as identified in the
approved grading plan.
The park dedication requirement for 28 single family lots is 1.12 acres (28 units x .04 acres)
or cash in-lieu of land. The developer will be using 1.12 acres of 1.27 acres of land
dedication credit that they have with the Prestwick Place development. This use of the credit
will fulfill their parks dedication requirements for Bella Vista 3rd addition.
The remaining .15 acres of parkland dedication credit can be used by Lennar in a future
development.
Please let me know if you have any questions about this memo.
Excerpt from the April 2, 2015 Planning Commission Minutes
7.a. Request by Lennar Corporation for the 28 Lot Final Plat of Bella Vista 3rd Addition. (15-
07-FP)
Senior Planner Zweber summarized his report for the Planning Commission.
Commissioner Forster inquired about the new road and how it will intersect the regional trail. Mr.
Zweber stated that it will be at grade with the road at an intersection were drivers would expect a
crosswalk. Forster also inquired about the two existing properties in the large rectangles to the south
of Bella Vista. He inquired if this property could be developed in the future. Mr. Zweber stated that
is the plan, it is designed so that if/when each property is developed it can be done independently of
each other but still work together if both are developed. By collector road standards, one more road
access is allowable between Bacardi Avenue and Autumn Path for access to Bonaire Path that would
run along the property line of the two properties.
Motion by Kurle to recommend that the City Council Approve the Final Plat for Bella Vista 3rd
Addition, subject to the following conditions:
1. Execution of a Subdivision Agreement.
2. 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.
3. Conservation easements shall be recorded over all wetlands, wetland buffers,
stormwater ponds and stormwater buffer strips. Fences are not allowed in the
conservation easements.
4. 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.
5. Provision of $24,475 for landscaping security.
6. Grading of the entire regional trail corridor.
7. Payment of $95,200 for Fee-in-Lieu of Park Dedication.
8. Compliance with the conditions and standards within the City Engineer’s
Memorandum dated March 24, 2015.
Second by VanderWiel
Ayes: 4 Nays: 0 Motion approved