HomeMy WebLinkAbout6.p. Approval of Final Plat for Bella Vista 5th Addition and Subdivision Agreement
EXECUTIVE SUMMARY
City Council Regular Meeting: January 17, 2017
AGENDA ITEM: Case 16-53-FP Approval of Final Plat for
Bella Vista 5th Addition and Subdivision
Agreement
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.p.
ATTACHMENTS: Location Map; Preliminary Plat; Final
Plat; Temporary Access Plan; Engineer’s
Memo Dated July 11, 2013; Landscape
Plan; Grading Plan; Parks and
Recreation Memo Dated November 16,
2016; Engineer’s Memo Dated November
22, 2016; Excerpt from November 22
Planning Commission Meeting;
Subdivision Agreement; Resolution
APPROVED BY: LJM
RECOMMENDED ACTION:
Motion to adopt a Resolution approving the Final Plat for Bella Vista 5th Addition
And
Motion to approve the Subdivision Development Agreement for Bella Vista 5th
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: 34.9 Acres
Net Area: 34.9 Acres
Lots/Units: 41 Single Family Lots
Gross Density: 1.2 units/acre
Net (Met Council) Density: 1.2 units/acre
The applicant, Lennar Corporation (Lennar), requests approval of a Final Plat for Bella Vista 5th Addition
to allow development of 41 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
conditions.
NOVEMBER 22 PLANNING COMMISSION MEETING
The Planning Commission reviewed the Bella Vista 5th Addition request on November 22nd. No residents
were present at the meeting.
Commissioners inquired about the future extension of Autumn Path and what is the delay in construction.
Commissioners also discussed the temporary cul-de-sac and temporary access and who would be
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responsible to pay for their removal upon completion of Autumn Path. Lennar is responsible for the
removal of the temporary access from Bonaire Path when Autumn Path is constructed. The responsibility
for the removal of the temporary cul-de-sac lies with the developer of lots within the exception properties
along Bonaire Path.
Since that time, staff has received a request to initiate the process for future construction of Autumn Path.
The collector road is required for development of the last phase of Bella Vista located in the northeast
corner of the subdivision.
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, a 28 lot
subdivision named Bella Vista 2nd Addition. The City approved the first half of Phase 2, Bella Vista 3rd
Addition in April 2015 and the second half of Phase 2, Bella Vista 4th Addition, in March of 2016. The
applicant now proposes to begin platting the third phase of Bella Vista with 41 additional single family lots
to be known as Bella Vista 5th 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 41 lot single family preliminary plat is consistent with the current
land use and zoning classifications. The subject property is guided LDR – Low Density Residential and
zoned R-1PUD, Low Density Residential Planned Unit Development. 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 approved PUD. While this development is subject to all of
the conditions and development standards contained in the PUD, the most notable deviations from the
requirements of the Low Density Residential zoning districts are provided below. All these items were
anticipated in the preliminary plat approval and were part of the initial PUD approval.
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.
6. Section 11-4-5 F. 9. R-1 Maximum Lot Coverage: The maximum lot coverage shall be 40% for lots
below 11,250 square feet and 35% for lots between 11,250 and 15,000 square feet. The maximum lot
coverage for lots over 15,000 square feet remains at 30%.
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
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and various outlots. The Bella Vista Final Plat included subdividing into outlots to permit transfer of
property to the City and Lennar.
Streets & Access This development will have two access points. The eastern stub of Aulden Avenue was
created with Bella Vista 3rd Addition and will offer access to the neighborhood from the north. The
southern end of the Bella Vista 5th Addition will be accessed via a temporary drive from Bonaire Path until
the extension of Autumn Path is constructed along the eastern edge of Bella Vista. When Autumn Path is
extended to the north, the temporary access will be removed at the developer’s expense. This temporary
access was required as a condition for development of the 3rd and 4th phases of Bella Vista included in the
Engineer’s Memo dated July, 11, 2013. Until such time as the temporary access is removed lot 15 is not
considered buildable.
A temporary cul-de-sac will be constructed on the southern end of Street B where the temporary access to
Bonaire is located. When the exception properties to the west of Bella Vista 5th Addition are developed,
the temporary cul-de-sac will be removed at the developer’s expense and Street B will be extended west.
Landscaping and Berming The landscape plan is consistent with the minimum number of plantings
required by City Code (one per interior lot and two per corner lot). The plan includes 96 boulevard trees
and 58 buffer trees along Bonaire, the future Autumn Path, and the western edge of the development. The
additional trees were included in the preliminary landscape plan as part of the required tree replacement
for trees removed by the developer during grading activity. Unless the developer wishes to install the trees
along the future site of Autumn Path prior to the construction of the street, the cost of the trees must be
provided to the City for future installation. The trees would then be planted by the City following
construction of Autumn Path. At $300 per tree based on the City fee schedule, the landscaping security
totals $39,270. The cost of the trees and landscaping along the future Autumn Path totals $18,260.
Grading Due to poor soils on the site, the roadway section will likely 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, 3rd, and 4th Addition was 4 inches of pavement, 6 inches of class 5, 36 inches of select granular,
and geotextile fabric. Also, because it is unclear when Autumn Path will be constructed, a grading and
landscaping easement should be placed upon the eastern 30’ of the lots backing up to the future Autumn
Path. The easement will allow future grading and installation of the road and planting of landscaping unto
private property.
Parks and Open Space Parks and Recreation staff reviewed the plans for final plat of Bella Vista 5th
Addition and found them to be consistent with the previous Bella Vista plans. The park dedication
requirement for 41 single family lots is 1.64 acres of land (41 units x .04 acres) or cash in-lieu of land.
Because no more land is required for parks within Bella Vista, staff is recommending that the City collect
cash in-lieu of land for the 41 units. This amount totals $139,400.00 (41 x $3400).
Sidewalks, Trails, and Pathway The applicant’s plan indicates sidewalks will be placed consistent with
the requirements of the preliminary plat. A section of regional trail running through Bella Vista 3rd
Addition will be constructed when funding allows and will provide a connection to the trail in Meadows
Park to the south and eventually into Erickson Park and Downtown Rosemount. The trail extension to
the exception parcel, east of the regional trail and just north of Mare Pond, was supposed to be graded
with the first phase of development but never was. This has been added as a condition of approval.
Engineering Comments The Project Engineer has reviewed the proposed Bella Vista 5th Addition final
plat and has provided comments in the Engineer’s Memo dated November 22, 2016. Notable comments
include the need for a temporary turnaround at the end of Aulden Avenue for emergency and street
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maintenance vehicles. Lot 15, Block 3, is unbuildable due to the temporary access to Bonaire Path.
Development fees in the amount of $287,356.00 are due with the final plat and subdivision agreement and
are detailed in the Engineer’s Memo dated November 22, 2016.
Since the Planning Commission meeting on November 22, staff has updated the fees to be paid with the
final plat and subdivision agreement to include $274,618.00 for the developer’s share of the cost of
Autumn Path.
CONCLUSION & RECOMMENDATION
Staff recommends approval of the Final Plat for Bella Vista 5th Addition creating 41 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.
Bella Vista
Outlot A
MEMORANDUM
DATE: July 11, 2013
TO: Eric Zweber, Senior Planner
CC: Kim Lindquist, Community Development Director
Andrew Brotzler, Director of Public Works/City Engineer
Dan Schultz, Parks and Recreation Director
Chris Watson, Public Works Coordinator
Kathie Hanson, Planning & Personnel Secretary
FROM: Phil Olson, Assistant City Engineer
RE: Bella Vista Preliminary Plat: Developer Plan Review
SUBMITTAL:
Prepared by Westwood Engineering, the Bella Vista Preliminary PUD Submittal is dated April 30,
2013 and revised June 6, 2013. Engineering review comments were generated from the following
documents included in the submittal:
• Preliminary PUD Submittal (38 pages) dated April 30, 2013 and Revised June 6, 2013,
comprised of the following:
o Existing Conditions
o Development Plan/Preliminary Plat
o Preliminary Grading Plan, Preliminary Utility Plan, and Preliminary Landscape Plan
o Preliminary Profiles
o Preliminary Tree Preservation Plan
o Preliminary Tree Inventory Plan
o Wetland Impact – Mitigation Plan
• Wetland Mitigation Plan Exhibit 5, dated June 21, 2013.
• Existing and Proposed Drainage Area Map, (4 pages) revised April 25, 2013.
• Stormwater Management Report, (343 pages) revised April 25, 2013.
• Temporary Access for Phase 3 & Phase 4 (4 pages) revised July 8, 2013.
DEVELOPMENT FEES:
1. The developer will be responsible for the cost of the improvements within the development
and a share of the future cost to construct Autumn Path with the cooperation of the
adjacent property. A feasibility report detailing the developer’s costs and financial
responsibilities will be required prior to approval of a final plat. It will also detail the
schedule for when improvements will be required. Below is a listing of some of the items
the developer will be responsible for funding.
• Autumn Path (Street L)
o Ponding
o Utility extensions
o Utility relocation
o Right-of-way
• Roadway and utility improvements
• Temporary sanitary sewer lift station
• Construction of the temporary access across Lot 15, Block 6 from the cul-de-sac at
the south end of Street B to Bonaire Path
• Removal of temporary infrastructure
o Cul-de-sacs
o Sanitary sewer lift station
o Temporary access across Lot 15, Block 6 from the cul-de-sac at the south
end of Street B to Bonaire Path.
• Stormwater management, lift station, and forcemain
2. The developer will be responsible for a share of the cost to upgrade Bacardi Avenue to an
urban roadway for the segment adjacent to the development. A feasibility report is currently
being completed. The report will include roadway and utility improvements and will identify
the funding responsibility for the Bella Vista development. The developer is responsible for
the entire cost of the feasibility report if Bella Vista is not developed.
3. The developer will be responsible for the cost of all sidewalks and trails internal to the
development. The developer will be responsible for grading the regional trail.
4. Additional development fees are required with final plats based on the current Schedule of
Rates and Fees.
GENERAL COMMENTS:
5. A feasibility report is required for this development prior to design and construction of this
project. The feasibility report will determine the following items:
• Stormwater management
• Sanitary sewer to exception parcels
• Details with a temporary sanitary sewer lift station
• Details with the temporary cul-de-sacs
• Well locations
• Utility layout, sizes and phasing
6. The city is currently working on feasibility report for Bacardi Avenue. This report is
required prior to finalization of a subdivision agreement.
7. 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.
8. Northern Natural Gas, Koch Pipeline, and Magellan Pipeline all have gas pipelines within
the proposed development. Crossing permits and grading permits are likely required from
the gas companies for the proposed improvements. The developer is required to work with
the gas companies to execute any required permits.
9. Pothole elevations are required for each utility crossing and roadway crossing the pipelines
to verify that the improvements can be constructed as proposed. Any design changes
required by gas companies shall not result in any nonconforming lots. Due to the
restrictions with this site, the pothole elevations should be provided prior to approval of the
grading plan.
10. Conservation easements are required over all stormwater ponds, infiltration basins, wetlands,
and buffers. Signage for conservation easements shall be provided by the developer and an
extended 5 year maintenance warranty shall be required to ensure establishment of the
naturally vegetated areas. Costs associated with the establishment of the naturally vegetated
areas and the 5 year maintenance period shall be a cost of the development.
11. 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.
12. 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 2: Lot 6, 7, 12, 13, 18, 19
• Block 1: Lot 2 and 3
• Block 5: Lot 8, 9, 11, 12, 13, 22, and 23
• Block 7: Lot 1, 12, 13, 5, and 6
• Block 6: Lot 6, 7, 9, 10, 11, 12, 13, and 14
• Block 4: Lot 1
• Block 10: Lot 1, 2, 8, 9, and 23
• Block 8: Lot 2, 3, 10, and 11
13. 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.
14. The width of drainage and utility easements over all public utilities shall be verified during
final design.
15. 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.
16. Fences are required for all retaining walls adjacent roadways, sidewalks, trails, or other public
uses. Fences located along the rear yards of private properties will be reviewed on a case –
by-case basis with the final plat.
17. Retaining walls and fences are required to be installed by the developer with the mass
grading of the site. Retaining walls and fences are required to be owned and maintained by
the developer or individual property owner.
18. Temporary construction easements will be required for all grading shown outside of the
property limits.
19. Lot 1, Block 11 and Lot 1, Block 3 will not be constructed until development occurs to the
north and the roadway is extended.
20. Lot 14 and Lot 15, Block 6 and Lot 1 and Lot 2, Block 2 will not be able to be constructed
until the adjacent properties develop.
21. Lot 7, Block 1 may not be able to be constructed until after the temporary lift station is
removed.
22. The EOF elevations to the east from Street L are required to be shown on the plan.
23. Contour annotations should be added to the plan at all ponds and the infiltration basin (1:4,
1:10, 1:3).
24. A permit from the DNR is required to grade below the OHW. This is proposed adjacent to
Wetland B (Mare Pond).
STORMWATER MANAGEMENT/WETLAND MITIGATION COMMENTS:
25. A storm sewer lift station from Basin 1424 is required as part of a regional improvement to
manage future runoff from the White Lake watershed and a local improvement to direct
runoff from the development from Basin 1424 to the infiltration basin. The developer is
required to include the proposed forcemain alignment with the site plans. The system design
should include the forcemain alignment for discharging to the infiltration area and
discharging downstream to Mare Pond. Valves should be included to direct the flow in the
forcemain. The forcemain should be located within the project right-of-way or drainage and
utility easement. In addition to payment of stormwater trunk fees, the developer will be
responsible for paying the additional cost associated with the construction of the diversion
system (force main, valves, monitoring system and controls) to carry this water to the
26. A permanent operation plan for the lift station, diversion system, and infiltration basin is
required to be provided by the developer that demonstrates that adequate freeboard is
present for structures for a 100-year storm event and to meet the city requirements for
infiltration.
27. An operational plan to provide flood protection for the site and surrounding structures prior
to installation of the permanent lift station is required to be provided by the developer. The
plan is required to provide rates, frequency, and allowable depths of water. This plan is
required to be submitted with the final plat of the Phase 1.
28. Additional discussions are required with the developer to find the best option to meet the
stormwater requirements on a phased basis. One option may be to pump a predetermined
amount of water from Basin 1424 to allow for the additional drainage from the
development. This could be done on an annual basis until the storm sewer lift station is
construction in Phase 2. It is the developer’s responsibility to manage the stormwater
protection for the site and property adjacent to the site until the lift station and diversion
system is fully operational. The entire cost to operate any temporary system to keep the site
in conformance with the City flood protection standards will be at the developer’s expense.
29. Additional infiltration testing data is required to verify that the rate control design is in
conformance with City requirements. The infiltration testing should be completed during
site grading and at the proposed grading plan elevations. It should be noted that a clay layer
is shown in the boring logs at 942, which is at the bottom of the infiltration area. If the
tested site infiltration rates are not deemed adequate by the City, the developer will be
required to bring the site into conformance with City standards.
30. Piezometer readings are required across the site to verify the separation between the low
floor and groundwater elevations is in compliance with city standards. Piezometer readings
are required to be submitted to the city prior to approval of the grading plan.
31. The storm sewer system design calculations and drainage area calculations will be reviewed
with the final plat. Storm sewer that exceeds 10 feet in depth will require additional drainage
and utility easement.
32. All stormwater ponds are required to contain a clay liner to the NWL.
33. Riprap or other erosion control method is required at all pond and wetland EOF locations.
34. The NURP treatment volumes for Pond 4A should be provided to demonstrate that the
pond is in conformance with the City standards.
35. The low floor building openings within the property north of Basin 1424 are required to
verify that the development will not cause flooding.
36. A DNR outlet permit for Basin 1424 is required to establish the management elevation at
934.0. Permit approval is required prior to approval of the grading plan.
37. The Basin 1424 outlet elevation of 934.0 will need to be approved by the DNR for the
development to be in conformance with the city’s water quantity requirements.
38. Drainage from the rear yards of Block 1 is not currently addressed with this plan. The
stormwater management plan is required to include this area. If onsite ponding is not
feasible, offsite ponding and infiltration may be an option with the ponding constructed for
Street L. If offsite ponding is available, the developer will be required to pay an offsite
ponding fee.
39. Ponding for Street L is not included with the stormwater management plan. Ponding for
Street L will be addressed with the feasibility report.
40. The stormwater modeling proposes as 12-inch pipe between Basin 1560 and Pond 6. The
utility plan and grading plan do not include the proposed connection. This connection
should be shown on the plans.
41. The water quality treatment volume in Pond 6 is required to be updated in the stormwater
management plan. These changes have been submitted but are still being reviewed.
PLAN COMMENTS:
SHEET 4 & 5:
42. The pipeline easement document numbers should be added to the preliminary plat.
SHEET 8:
43. The grading northwest of the intersection of Street E and Street EE should be reviewed. It
appears that the 954 and 956 contours are not shown correctly and need to be revised.
44. The trail cross slope between Pond 5 and the pipeline easement is proposed at a 4:1 slope.
This is required should be revised to meet the trail standards.
Sheet 9:
45. The storm sewer outlet from Basin 1518 should be installed in a way that restricts seepage
along the pipe.
46. Storm sewer from the back property corner between Lot 5 and Lot 6, Block 7 should be
directed to a stormwater pond prior to discharge to the wetland.
SHEET 12:
47. The easements in the rear years of Lot 7 through Lot 10, Block 11 should be increased to
encompass the EOF to elevation 959.5. It appears that the building pad of Lot 8, Block 11
may need to be raised with an EOF of 958.50.
48. The EOF between Lot 6 and Lot 7, Block 11 should be shown on the plan. The easement
across lots 6-7, Block 11 should encompass the emergency overflow route to elevation
960.0.
49. The easements on Lot 26 through Lot 29, Block 11 should be revised to encompass the rear
yard overland flow routes.
SHEET 14:
50. The regional trail is shown to cross Wetland B. Crossing options are currently being
considered. Mass grading is not allowed in the wetland and silt fence should be installed to
protect this area during grading operations.
SHEET 18:
51. Sight triangles should be shown on Street H at the intersection with Bacardi Avenue.
Should you have any questions or comments regarding the items listed above, please contact me at
651-322-2015.
Outlot A
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
MEMORANDUM
To: Kim Lindquist, Community Development Director
Kyle Klatt, Senior Planner
Anthony Nemcek, Planner
John Morast, Interim Public Works Director/City Engineer
Mitch Hatcher, Assistant City Engineer
From: Dan Schultz, Parks and Recreation Director
Date: November 16, 2016
Subject: Bella Vista 5th Addition
Staff recently reviewed the plans for the 5th addition of the Bella Vista Development and has the
following comments:
• The 5th 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 any park area that is included in the plat.
• The park dedication requirement for 41 single family lots is 1.64 acres of land (41 units x .04
acres) or cash in-lieu of land. Because the required land dedication has been provided, staff is
recommending that the City collect cash in-lieu of land for the 41 units which is $139,400
(41 units x $3,400 per unit).
Please let me know if you have any questions about this memo.
MEMORANDUM
DATE: November 22, 2016
TO: Anthony Nemcek, Planner
CC: Kim Lindquist, Community Development Director
John Morast, Director of Public Works/City Engineer
Amy Roudebush, Planning & Personnel Secretary
FROM: Mitch Hatcher, Project Engineer
RE: Bella Vista 5th Addition Final Plat
SUBMITTAL:
Prepared by Westwood, the Bella Vista 5th Addition Final Plat, dated December 29, 2014, revised
September 30, 2016. The following review comments were generated from the following documents
included in the submittal:
Grading, Drainage, and Erosion Control Plans
Bella Vista 5th Addition Final Plat
Stormwater Management Plan
GENERAL COMMENTS:
1. The development fees below are estimated based on the current Schedule of Rates and Fees.
These fees are due with the final plat and subdivision agreement.
Sanitary Sewer Trunk Charge: $1075/acre
Watermain Trunk Charge: $6500/acre
Storm Sewer Trunk Charge: $6865/acre
2. A street lighting plan should be submitted for review and approval.
3. Conservation easements are required over all stormwater ponds, infiltration basins, wetlands,
and buffers. Signage for conservation easements shall be provided by the developer and an
extended 5 year maintenance warranty shall be required to ensure establishment of the
naturally vegetated areas. Costs associated with the establishment of the naturally vegetated
areas and the 5 year maintenance period shall be a cost of the development.
4. Wetland buffer monuments are required throughout the entire final plat area.
5. Drainage and utility easements are required on all property lines and over proposed storm
sewer and drainage and emergency overflow routes. The width of drainage and utility
easements over all public utilities shall be verified during final design.
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. The developer is required to obtain a NPDES Construction Stormwater Permit and provide
a copy of the approved SWPPP to the City prior to the start of any construction activity.
8. Due to poor soils on the site, the roadway section will likely 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, 3rd, and 4th Addition was 4 inches of pavement, 6 inches of
class 5, 36 inches of select granular, and geotextile fabric.
9. A temporary turnaround is needed at the end of Aulden Avenue for emergency and street
maintenance vehicles.
10. The access road will be required to meet the City standard for street width.
11. Lot 15, Block 3 will not be able to be constructed until Autumn Path is constructed and the
access road is removed.
12. Lot 14, Block 3 will need further discussion between City and Developer to determine if the
lot is buildable while the temporary cul-de-sac is in place.
STORMWATER COMMENTS:
13. The following HWLs should be adjusted based on Atlas-14 rainfall data and the Horseshoe
Lake lift station final design. HWL from the most recent HydroCAD model are listed below.
These values are compared to the original stormwater management plans as well as the
submitted grading plan for Bella Vista 5th Addition. The Atlas-14 HWL for Pond 4A looks
to be overtopping the EOF elevation of 950.0.
PRELIMINARY UTILITY PLAN:
14. The storm sewer forcemain within Aulden Avenue connecting the existing forcemain
installed with the 3rd Addition to the infiltration basin 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.
15. Additional storm sewer may be needed at the low point of the access road to Bonaire Path
16. Pothole elevations shall be provided during final design at each gas pipeline crossing to
verify that the utility crossings can be constructed as proposed. Additional information
regarding the gas line easements shall be provided (number of lines and sizes).
17. Storm sewer is proposed along the side and back lot lines of many 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.
18. Trees are not allowed to be planted within drainage and utility easements, over the proposed
storm sewer, or within a pond access location. Trees located on individual properties shall
not be planted near the sanitary sewer and water service lines.
Should you have any questions or comments regarding the items listed above, please contact me at
651-322-2015.
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
NOVEMBER 22, 2016
7.a. Request by Lennar for Bella Vista 5th addition final plat. (16-53-FP)
Planner Nemcek gave a brief summary of the staff report.
Chair Kenninger stated that with the delay in developing Autumn Path, is that a delay that will be addressed
in the future. Community Development Director Lindquist stated that Lennar is having difficulty getting the
adjoining property owner to develop the road at this time. Chair Kenninger questioned when the cul-de-sac is
removed who is responsible to fix lots 14 and 15. Nemcek confirmed that it would be the responsibility of
the developer which would occur when the later lots developed.
Commission discussed why the access point and cul-de-sac are both necessary during this stage in the
development.
Motion by VanderWiel to recommend that the City Council approve the Final Plat for Bella Vista 5th
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. Provision of $39,270 for landscaping surety.
4. Payment of $16,600 for landscaping to be installed following construction of Autumn Path.
5. Payment of $139,400 for Fee-In-Lieu of Park Dedication.
6. A grading and landscaping easement shall be dedicated on the eastern 30 feet of lots adjacent to the
future Autumn Path.
7. The applicant install a turnaround at the eastern terminus of Aulden Avenue acceptable to the Fire
Marshal.
8. The final plat shall be revised to dedicate Outlot B as right of way.
9. The building permit for Lot 14, Block 3, shall include the cul-de-sac and meet all setback requirements
from the cul-de-sac. The developer will place a covenant on the property that indicates the cul-de-sac
will be removed and Street B extended in the future. The pavement removal and site grading will be at
the cost of the future developer of the exception property to the west of the current final plat.
10. Compliance with the conditions and standards within the City Engineer’s Memorandum dated
November 15, 2016.
11. Lot 15, Block 3 is not buildable until removal of the temporary access.
12. The developer install a sign at the end of the cul-de-sac indicating that the road will be extended in
the future.
Second by Forster.
Ayes: 5. Nays: 0. Motion Passes.
Bella Vista 5th Addition
December / 2016
Page 1 of 12
SUBDIVISION AGREEMENT
Bella Vista 5th Addition
AGREEMENT dated this ________ day of ________________________, 2016, 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 5th 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 $274,618 for the Developer’s share of the extension of Autumn Path, as indicated
on ATTACHMENT TWO.
f. Payment of $18,260 for future landscaping along Autumn Path
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
Bella Vista 5th Addition
December / 2016
Page 2 of 12
writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the
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
Bella Vista 5th Addition
December / 2016
Page 3 of 12
7. Time of Performance. The Developer shall install all required improvements enumerated in
Paragraph 6 that will serve the subject property by October 30, 2017, subject to delays due to
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 475), 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, Six Hundred
Four Thousand, One Hundred Sixty-Two Dollars ($1,604,162). The amount of the security was
calculated as follows:
Cost 110%
Grading & Erosion Control $89,110 $98,021
Pond Restoration and Erosion Control Removal $25,000 $27,500
Survey Monumentation $20,500 $22,550
Landscaping (119 trees) $35,700 $39,270
Street Lighting (6 lights) $24,000 $26,400
Buffer Monumentation (18 signs) $900 $990
Cost 125%
Surface Improvements $563,602 $704,502
Water Main Improvements $174,790 $218,488
Sanitary Sewer Improvements $120,373 $150,466
Storm Sewer Improvements $252,780 $315,975
Total $1,306,755 $1,604,162
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.
Bella Vista 5th Addition
December / 2016
Page 4 of 12
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
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.
Bella Vista 5th Addition
December / 2016
Page 5 of 12
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
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 $216,640
shall be deposited with the City at the time this Agreement is signed, and represent the following
amounts:
$10,000 Engineering Review Fees
$166,732 Construction Monitoring Fees (15%)
($40,000) $25,000 received 10/17/16, $15,000 transferred from BV4
$3,500 Attorney Fees
$55,577 5% City Fees (based on engineer’s estimate of $1,111,545)
$1,728 Street Light Energy Cost
$2,460 GIS Fees
$16,643 Seal Coating
$216,640 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.
Bella Vista 5th Addition
December / 2016
Page 6 of 12
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
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 $139,400
B. Storm Sewer Trunk Area Charges in the amount of $65,600 (includes $67,100 credit for storm
sewer oversizing paid by the developer)
C. Sanitary Sewer Trunk Area Charges in the amount of $27,370
D. Watermain Trunk Area Charges in the amount of $165,490
E. Developer share of the extension of Autumn Path in the amount of $274,618
F. Cash deposit for future landscaping along Autumn Path in the amount of $18,260
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.
Bella Vista 5th Addition
December / 2016
Page 7 of 12
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
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.
Bella Vista 5th Addition
December / 2016
Page 8 of 12
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
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 5th Addition
December / 2016
Page 9 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 _____________________, 2016,
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 ______________________, 2016
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 5th Addition
December / 2016
Page 10 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 5th Addition
December / 2016
Page 12 of 12
ATTACHMENT TWO
Autumn Path – Developer Cost
Developer Share (per Feasibility Study) $576,000
Total Number of Lots 86
Cost Per Lot (rounded) $6,698
Bella Vista 5th Addition (41 lots) $274,618
Bella Vista Future Phases (45 lots) $301,410
Bella Vista 5th
EXHIBIT B (Page 1 of 2)
No.Item Cost 110%Calculation
1 Grading and Erosion Control 89,110$ 98,021$ $3500/ac x 25.46 acres, Minimum $25,000
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 20,500$ 22,550$ $500/lot x 41 lots
4 Retaining Wall -$ -$ N/A
5 Landscaping 35,700$ 39,270$ Per City Planner (119 trees x $300)
6 Street Lights 24,000$ 26,400$ 6 lights x $4000/light
7 Buffer Monumentation 900$ 990$ 18 signs x $50/sign
8 Surface Improvements 563,602$ 704,502$ 125%
9 Water Main Improvements 174,790$ 218,488$ 125%
10 Sanitary Sewer Improvements 120,373$ 150,466$ 125%
11 Storm Sewer Improvements 252,780$ 315,975$ 125%
Total 1,306,755$ 1,604,162$
No.Item Cost
Estimated Construction Cost 1,111,545$
1 Engineering Review Fees 10,000$
2 Construction Monitoring Fees 166,732$
Design Fees Paid by Developer (40,000)$
3 Attorney Fees 3,500$
4 5% City Administrative Fees 55,577$
5 Street Light Energy Cost 1,728$
6 GIS Fees 2,460$
7 Trail Fog Seal -$
8 Seal Coating 16,643$
Total 216,640$
No.Item Cost
1 Storm Sewer Trunk Charge 65,600$
2 Sanitary Sewer Trunk Charge 27,370$
3 Water Trunk Charge 165,490$
4 Stormwater Ponding Fee -$
5 Park Dedication 139,400$
6 Cash deposit for construction of Autumn Path 274,618$
7 Cash deposit for future landscaping along Autumn
Path 18,260$
Total 690,738$
$6500/acre x 25.46 acres
$1.70/SY x 9790 SY
Development Fees (due before signed plat is released)
41 units x .04 x $85,000
City Engineer Estimation
Per City Planner
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 (10/17/2016)
Calculation
$6865/net developable acre x 19.33 acres (minus $67,100 for
storm sewer oversizing paid by developer)
$1075/acre x 25.46 acres
N/A
Estimate
5% of Estimated Construction Cost
6 lights x 24 months x $12/month
$60/unit x 41 units, or $120/acre
N/A
Block Lots Units Block Lot Units SQ FT Acres
1 10 10 1 1 1 21571.986 0.495
2 16 16 1 2 1 26021.246 0.597
3 15 15 1 3 1 19718.916 0.453
1 4 1 16405.142 0.377
1 5 1 20783.715 0.477
1 6 1 24178.07 0.555
Total 41 41 1 7 1 26336.922 0.605
1 8 1 26507.122 0.609
Total Plat Area =34.86 acres 1 9 1 22114.066 0.508
Total Park Area 0.00 acres 1 10 1 35286.67 0.810
Future Plat Area =9.40 acres 2 1 1 10652.448 0.245
Developable Area =25.46 acres *2 2 1 11452.247 0.263
Ponding to HWL = 6.13 acres 2 3 1 11452.079 0.263
Net Developable Area =19.33 acres 2 4 1 11451.908 0.263
2 5 1 11563.179 0.265
* Excludes future plat and park areas 2 6 1 14323.734 0.329
2 7 1 11697.453 0.269
2 8 1 9705.766 0.223
2 9 1 9768.876 0.224
2 10 1 9831.986 0.226
2 11 1 9895.096 0.227
2 12 1 9958.206 0.229
2 13 1 10021.316 0.230
2 14 1 10084.426 0.232
2 15 1 11147.908 0.256
2 16 1 13210.178 0.303
3 1 1 15362.179 0.353
3 2 1 11751.472 0.270
3 3 1 13540.739 0.311
3 4 1 10062.17 0.231
3 5 1 24946.711 0.573
3 6 1 26318.424 0.604
3 7 1 28129.881 0.646
3 8 1 43518.153 0.999
3 9 1 43620.75 1.001
3 10 1 29913.351 0.687
3 11 1 46114.32 1.059
3 12 1 55534.563 1.275
3 13 1 53502.238 1.228
3 14 1 28855.831 0.662
3 15 1 21894.308 0.503
Outlot A 409313.721 9.397
ROW 240764.344 5.527
Total Boundary 1518283.819 34.855
Street Linear Feet 2,935
Square Yards 9,790
Cost ($1.70/SY)$16,643
Bella Vista 5th
EXHIBIT B (Page 2 of 2)
Totals
Bella Vista 5th Addition
December / 2016
Page 11 of 12
ATTACHMENT ONE
Bella Vista 5th Addition
Final Plat
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2016 -
A RESOLUTION APPROVING THE FINAL PLAT FOR BELLA VISTA 5th ADDITION
WHEREAS, the City of Rosemount received a request for Final Plat approval from Lennar
Corporation concerning property legally described as:
Outlot F, BELLA VISTA, according to the recorded plat thereof, Dakota County,
Minnesota.
WHEREAS, on November 22, 2016, the Planning Commission of the City of Rosemount reviewed
the Final Plat for Bella Vista 5th Addition; and
WHEREAS, on November 22, 2016, the Planning Commission recommended approval of the
Final Plat for Bella Vista 5th Addition, subject to conditions; and
WHEREAS, on December 20, 2016, 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 5th 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. Provision of $39,270 for landscaping surety.
4. Payment of $18,260 for landscaping to be installed following construction of Autumn
Path.
5. Payment of $139,400 for Fee-In-Lieu of Park Dedication.
6. A grading and landscaping easement shall be dedicated on the eastern 30 feet of lots
adjacent to the future Autumn Path.
7. Grading of the trail extension to the exception parcel, east of the regional trail and just
north of Mare Pond.
8. The applicant install a turnaround at the eastern terminus of Aulden Avenue acceptable
to the Fire Marshal.
9. The final plat shall be revised to dedicate Outlot B as right of way.
10. The building permit for Lot 14, Block 3, shall include the cul de sac and meet all setback
requirements from the cul de sac. The developer will place a covenant on the property
that indicates the cul de sac will be removed and Street B extended in the future. The
pavement removal and site grading will be at the cost of the future developer of the
exception property to the west of the current final plat.
11. The removal of the temporary access when Autumn Path is constructed shall be the
responsibility of the developer.
12. Compliance with the conditions and standards within the City Engineer’s Memorandum
dated November 15, 2016.
13. Lot 15, Block 3 is not buildable until removal of the temporary access.
14. The developer install a sign at the end of the cul de sac indicating that the road will be
extended in the future.
RESOLUTION 2015-
2
15. Payment of $274,618 for the developer’s share of the construction of Autumn Path.
ADOPTED this 20th day of December, 2016, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk