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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: ddj 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 2 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. 3 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. 4 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 Bella Vista 3rd Addition March / 2015 Page 1 of 12 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 Bella Vista 3rd Addition March / 2015 Page 2 of 12 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 Bella Vista 3rd Addition March / 2015 Page 3 of 12 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 Bella Vista 3rd Addition March / 2015 Page 4 of 12 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 Bella Vista 3rd Addition March / 2015 Page 5 of 12 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 Bella Vista 3rd Addition March / 2015 Page 6 of 12 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 Be l l a V i s t a 3 r d P h o n e (9 5 2 ) 9 3 7 - 5 1 5 0 7 6 9 9 A n a g r a m D r i v e F a x (9 5 2 ) 9 3 7 - 5 8 2 2 E d e n P r a ir i e , M N 55 3 4 4 T o l l F r e e (8 8 8 ) 9 3 7 - 5 1 5 0 P h o n e (9 5 2 ) 9 3 7 - 5 1 5 0 7 6 9 9 A n a g r a m D r i v e F a x (9 5 2 ) 9 3 7 - 5 8 2 2 E d e n P r a ir i e , M N 55 3 4 4 T o l l F r e e (8 8 8 ) 9 3 7 - 5 1 5 0 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