HomeMy WebLinkAbout6.j. Request by Lennar for Final Plat Approval of Bella Vista 6th Addition
EXECUTIVE SUMMARY
City Council Regular Meeting: February 19, 2019
AGENDA ITEM: Request by Lennar for Final Plat
Approval of Bella Vista 6th Addition.
AGENDA SECTION:
Consent
PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 6.j.
ATTACHMENTS: Final Plat Resolution, Subdivision
Agreement, Location Map; Preliminary
Plat Area; Final Plat; Updated
Construction Plans (Grading, Streets,
Details); Landscape Plan; Parks and
Recreation Memo Dated January 17,
2019; Engineer’s Memo Dated January
17, 2019
APPROVED BY: LJM
RECOMMENDED ACTION: The Planning Commission and Staff recommend the City
Council adopt the following motions:
1) Motion to adopt a resolution approving the final plat for Bella Vista 6th Addition
subject to conditions.
2) Motion to approve the subdivision development agreement for Bella Vista 6th
Addition and authorizing the Mayor and Clerk to enter into this agreement.
SUMMARY
Applicant: Lennar Corporation
Comp. Guide Plan Designation: LDR – Low Density Residential
Current Zoning: R-1PUD, Low Density Residential part of the Bella Vista Planned
Unit Development
Gross Area: 9.4 Acres
Net Area: 9.4 Acres
Lots/Units: 19 Single Family Lots
Gross Density: 2.02 units/acre
Net (Met Council) Density: 2.02 units/acre
The applicant, Lennar Corporation (Lennar), requests approval of a Final Plat for Bella Vista 6th Addition
to allow development of 19 single family lots. This plat represents the latest addition to a multi-phase
preliminary plat first approved by the City in 2013. 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 approved Bella Vista Preliminary Plat and recommends approval of this application
subject to conditions.
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PLANNING COMMISSION REPORT
The Planning Commission reviewed the final plat for Bella Vista 6th Addition at its January 28, 2019
meeting. Although a final plat does not require a public hearing, two neighboring property owners asked
to speak at the meeting and were given time to address the Commission during its review of this request.
The neighbors that addressed the Commission included:
• Theodore McMenomy, 12780 Bacardi Avenue. He owns property north of a future Bella Vista
project phase and expressed concern that future development could negatively impact storm water
drainage across his property immediately north of a planned road.
• Asad Irfanullah, 12890 Bacardi Avenue . He owns property north of the 2nd and 4th Additions,
and explained that he has experienced drainage problems on his property since the construction of
these subdivisions. Engineering staff have been in touch with the resident about addressing this
issue. He also expressed concern that people were cutting across his property to use the adjacent
trail system, and that the trails are not clearly marked to indicate that they are ending. Mr.
Irfanullah further discussed the removal of his private electric line within the Bacardi Avenue right-
of-way when the road was paved a few years ago.
In response to these comments staff noted that the City’s storm water management regulations do not
allow for storm water to be directed onto adjacent property and limit post-development runoff into
existing drainage ways to predevelopment conditions. Staff noted that the land south of Mr. McMenomy’s
parcel is not included in the present application, and that final grading and storm water management plans
for this parcel would be included as part of Bella Vista 7th Addition in the future. Staff noted that it would
be bringing Mr. Irfanullah’s concerns to the attention of the City Engineer for further investigation.
Since the Planning Commission meeting, both the Planning and Engineering departments have met with
Mr. Irfanullah to review his concerns about flooding on his property. The City Engineer has also been in
discussions with Lennar to ensure that the approved plans have been properly implemented in the field
and to discuss other potential work to address some of the drainage issues off-site from the subdivision.
Some corrective work may be necessary and will be completed in the spring when weather conditions
allow.
In response to the other concerns raised at the meeting, please note that the Parks Department is planning
to install signage around Bella Vista this year noting the limits of the public trail system. Any issues or
concerns associated with the Bacardi Avenue road paving project are outside the scope of the City’s final
plat review process for Bella Vista 6th Addition. The Public Works Department is aware of the electrical
service concern and talked to Mr. Irfanullah about the road improvement project.
The Planning Commission voted unanimously to recommend approval of the Final Plat with the
conditions as recommended by Staff.
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
third phase of Bella Vista (5th Addition) with 41 additional single family lots was platted in the latter
portion of 2016. At this time, the applicant would like to begin construction in the fourth phase of the
project with the 19 lots within Bella Vista 6th Addition.
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Please note that the 6th Addition is the last final plat within the overall Bella Vista project that may be
approved before Autumn Path is constructed for access to the northern portion of the preliminary plat
area.
In conjunction with the Final Plat, staff has prepared the attached subdivision development agreement
related to the installation of public and private improvements within the subdivision. The agreement
specifies the terms and conditions under which the developer may proceed with construction of the
project, including all required City fees and payments related to the subdivision.
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 19 lot single family final 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
and various outlots. The Bella Vista Final Plat included subdividing into outlots to permit transfer of
property to the City and Lennar. The 6th Addition final plat will subdivide Outlot A of Bella Vista 5th
Addition into 19 buildable lots.
Streets & Access. The final plat will include an extension of 131st Court West from its existing
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connection point along Aulden Avenue to a cul-de-sac that terminates at the eastern edge of the Bella
Vista property. All lots within the subdivision will have direct access to the cul-de-sac street, and will be
able to exit the subdivision via internal neighborhood connection streets to either Bacardi Avenue to the
west or Bonaire Path to the south. The southern connection to Bonaire is a temporary access point that
will be realigned when an adjoining parcel is developed. No connection is planned from 131st Street Court
to the future Autumn Path alignment due to the spacing of existing or planned connections along this
road. No dedication of Autumn Path is required within the 6th Addition plat because the planned road
alignment falls entirely on the adjacent parcel in this area.
Water and Sanitary Sewer. The plans for Bella Vista 6th Addition must be modified to include the
construction of a temporary lift station to serve this subdivision until the permanent trunk sewer line is
installed in Autumn Path. The developer is proposing to install the temporary lift station on Lot 11, Block
1, which is sized appropriately to accommodate the lift station and proposed building pad. The City will
require a financial security to ensure the timely removal of the temporary lift station when the Autumn
Path project is complete.
Landscaping and Berming . The approved 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 40
boulevard trees, 7 buffer/boulevard trees along the future Autumn Path alignment in the southeastern
portion of the plat, and an additional 9 trees near the end of the 131st Court West cul-de-sac. 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 $14,700. The cost of the trees and landscaping along the future Autumn Path totals $2,100.
The landscape plan will need to be revised to account for the temporary lift station on Lot 11 since some
of the required replacement trees are depicted in the lift station area. Staff is recommending that these
trees be placed either around the lift station or in other open areas on the site.
Storm Water Management. The original storm water plans for this section Bella Vista anticipated that
storm water from the 6th Addition would be directed to pipes within Autumn Path and then sent into a
larger retention basin directly north of the subdivision. Because Autumn Path and any corresponding
infrastructure within the roadway have yet to be constructed, the developer will not be able to fully
implement the storm water plan as approved (at least in the near-term). As an alternative, the developer is
proposing to reroute all storm water infrastructure internal to the 6th Addition via wider easements
between some of the proposed lots. This alternative should be feasible because some of the easternmost
lots in the subdivision are slightly wider than the 75-foot minimum within the PUD. The developer will
need to amend the storm water management plan to accommodate the proposed re-routing of storm water
runoff in the project area, and staff has drafted a condition of approval that requires approval of the
revised plan by the City Engineer.
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 the
earlier Bella Vista additions 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 6th
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Addition and found them to be consistent with the previous Bella Vista plans. The park dedication
requirement for 19 single family lots is 0.76 acres of land (19 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 19 units. This amount totals $64,600 (19 x $3400).
Sidewalks, Trails, and Pathway. The applicant’s plan indicate sidewalks will be placed consistent with
the requirements of the preliminary plat. The plans include a sidewalk along the northern side of 131st
Court West that includes a stub to the eastern properly for a future connection to Autumn Path. A section
of regional trail running through the area immediately north of Bella Vista 6th 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.
Engineering Comments. The Project Engineer has reviewed the proposed Bella Vista 6th Addition final
plat and has provided comments in the Engineer’s Memo dated January 17, 2019. Notable comments
include: updating the construction plans to reflect the correct naming for all project phases, providing
adequate dedication of easements for the proposed lift station, storm water pipes, and other infrastructure
based on proposed revisions to the plans, final siting and construction of a temporary lift station, and
modification to the grading plan to address engineering concerns.
Development fees as detailed in the Engineer’s Memo dated January 17, 2018, are due with the final plat
and subdivision agreement.
CONCLUSION & RECOMMENDATION
The Planning Commission and staff recommend approval of the Final Plat for Bella Vista 6th Addition
creating 19 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. Staff
further recommended execution of the subdivision agreement for the project as presented.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-
A RESOLUTION APPROVING THE FINAL PLAT
FOR BELLA VISTA 6TH ADDITION
WHEREAS, US Home Corporation, 16305 36th Ave North, Suite 600, Plymouth, MN (Applicant) has
submitted an application to the City of Rosemount for a Final Plat concerning property legally described as
follows:
Outlot A, Bella Vista 5th Addition, according to the recorded plat thereof, Dakota County,
Minnesota.
WHEREAS, on January 22, 2019, the Planning Commission of the City of Rosemount reviewed the Final
Plat for Bella Vista 6th Addition; and
WHEREAS, on January 22, 2019, the Planning Commission recommended approval of the Final Plat for
Bella Vista 6th Addition, subject to conditions; and
WHEREAS, on February 19, 2019, the City Council of the City of Rosemount reviewed the Planning
Commission’s recommendations and the Final Plat for Bella Vista 6th Addition.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Final Plat for Bella Vista 6th 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. The storm water management plan shall be revised to eliminate any infrastructure from the
Autumn Path right-of-way.
4. The final plat shall include all easements as requested by City, including those required by the
storm water plan changes in the preceding conditions.
5. Provision of $14, 700 for landscaping surety.
6. Payment of $2, 100 for landscaping to be installed following construction of Autumn Path.
7. Submission of a revised landscape plan that includes the location of the temporary lift station.
8. Payment of $64,600 for Fee-In-Lieu of Park Dedication.
9. A grading and landscaping easement shall be dedicated on the eastern 30 feet of lots adjacent to
the future Autumn Path.
10. Compliance with the conditions and standards within the City Engineer’s Memorandum dated
January 17, 2019.
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ADOPTED this 19th day of February, 2019 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
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SUBDIVISION AGREEMENT
Bella Vista 6th Addition
AGREEMENT dated this ________ day of ________________________, 2019, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and US HOME CORPORATION, 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 6th 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 GIS, 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 $127,262 for the Developer’s share of the extension of Autumn Path, as indicated
on ATTACHMENT TWO.
f. Payment of $2,100 for future landscaping along Autumn Path.
g. Payment of $_______ as a fee for future removal of temporary lift station.
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
contrary, to the full extent permitted by state law, the City may require compliance with any
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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 Developer and must be approved by the City Engineer. The Developer will prepare plans and
specifications for Public Improvements which shall be approved by the City Engineer. Such
approvals shall not be unreasonably withheld and the City shall approve or provide Developer with
necessary revision comments within 30 calendar days of Developer submittal of Public Improvement
plans and specifications. The City will perform all construction inspection for the Public
Improvements, at the Developer’s expense. Construction inspection includes but is not limited to
inspection, documentation, 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, including the extension of water main along Akron Avenue to serve
the subject property
D. Sanitary sewer improvements, including the extension of sanitary sewer main along Akron
Avenue to serve the subject property
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
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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, excepting the wear
course of pavement, enumerated in Paragraph 6 that will serve the subject property by December 31,
2019, subject to delays due to inclement weather, casualty, labor strikes, material shortages, or other
force majeure not within the Developer’s reasonable control. The pavement wear course shall be
completed by December 31, 2020. 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 2019-03), 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
Seventy-Three Thousand, Five Hundred Seventy-Two Dollars ($1,173,572). The amount of the
security was calculated as follows:
Cost 110%
Grading & Erosion Control $32,900 $36,190
Pond Restoration and Erosion Control Removal $25,000 $27,500
Survey Monumentation $9,500 $10,450
Landscaping $14,700 $16,170
Street Lighting (3 lights) $12,000 $13,200
Buffer Monumentation (5 signs) $250 $275
Cost 125%
Surface Improvements $234,255 $292,819
Water Main Improvements $93,409 $116,762
Sanitary Sewer Improvements $369,259 $461,574
Storm Sewer Improvements $158,907 $198,633
Total $950,180 $1,173,572
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
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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
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.
Costs for City inspection of onsite erosion and sediment control shall be at the Developer’s expense.
After a 24-hour verbal or written 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
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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
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 for 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.
For each pond/wetland in the development, the developer shall provide to the City Engineer an
inspection report by July 31 each year which includes the following:
A. Date of inspection
B. Name of person responsible for inspection
C. Photos of the pond/wetland area confirming the vegetation is established as intended
D. Maintenance plan describing the required maintenance activities and tentative schedule.
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, review 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 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 $147,776
shall be deposited with the City at the time this Agreement is signed, and represent the following
amounts:
$10,000 Engineering Review Fees
$85,583 Construction Monitoring Fees (10%)
$3,000 Attorney Fees
$42,791 5% City Fees (based on developer’s estimate of $855,830)
$864 Street Light Energy Cost
$1,140 GIS Fees
$4,398 Seal Coating
$147,776 Total Amount Due
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If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the
City within thirty (30) business 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.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Agreement within thirty (30) business 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.
D. The Developer shall pay all energy costs for street lights installed within the Subject Property for
24-months at a cost of $30/month/light. After that, the City will assume the energy costs.
E. 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.
F. 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. Indemnification. The Developer shall hold the City and its officers, agents 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 intentional acts or gross negligence of the City, it’s agents, employees or
contractors. The Developer shall indemnify the City and its officers, agents and employees for all
costs, damages or expenses that the City may pay or incur in consequence of such claims, including
attorney’s fees.
20. Insurance. The Developer agrees to take out and maintain or cause to be taken out and maintained
until six months after the City has accepted the Subdivision Improvements, public liability and
property damage insurance covering personal injury, including death, and claims for property damage
which may arise out of Developer’s work or the work of its contractors or subcontractors. Liability
limits shall not be less than $500,000 when the claim is one for death by wrongful act or omission or
for any other claim and $2,000,000 for any number of claims arising out of a single occurrence, and
twice said limits when the claim arises out of the release or threatened release of a hazardous
substance. The City shall be named as an additional insured on the policy. The certificate of insurance
shall provide that the City must be given the same advance written notice of the cancellation of the
insurance as is afforded to the Developer.
21. Park and Utility Fees.
The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the
time of execution of this agreement by the City:
A. Park dedication fees in the amount of $64,600
B. Storm Sewer Trunk Area Charges in the amount of $54,920
C. Sanitary Sewer Trunk Area Charges in the amount of $10,105
D. Watermain Trunk Area Charges in the amount of $61,100
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E. Developer share of the extension of Autumn Path in the amount of $127,262
F. Cash deposit for future landscaping along Autumn Path in the amount of $2,100
G. Payment of $_______ as a fee for future removal of temporary lift station.
Or other amounts for such fees as in effect at the time of plat approval.
22. Service Charges.
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 $2,425/SAC unit for single family
residential and multi-family residential).
23. 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 without prior authorization from the City Building
Official.
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.
24. 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.
25. 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
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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.
26. 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
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.
J. The Developer acknowledges that the City may issue additional requirements outside of the
2015 General Specifications and Standard Detail Plates for Street and Utility Construction or the
2008 Engineering Guidelines as the City is in the process of updating these documents. The
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review process may require additional time and expense due to this process, which shall be the
Developer’s responsibility. The Developer shall not be billed for the time required for the City
to update and approve their revisions to the 2015 General Specifications and Standard Details
Plates for Street and Utility Construction or the 2008 Engineering Guidelines.
27. 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
[Remainder of page intentionally left blank.]
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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:
Erin Fasbender, City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _____ day of _____________________, 2019,
by William H. Droste, Mayor, and Erin Fasbender, 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
US HOME CORPORATION
BY:
Its
STATE OF MINNESOTA )
) SS
COUNTY OF _____________)
The foregoing instrument was acknowledged before me this ____ day of ______________________, 2019
by ____________________________, its __________________________, of US Home Corporation, a
Delaware corporation, on behalf of said company.
Notary Public
Drafted By:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
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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.
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).
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 ($20,000 per acre of mitigation).
Bella Vista 6th
EXHIBIT B (Page 1 of 2)
No.Item Cost 110%Calculation
1 Grading and Erosion Control 32,900$ 36,190$ $3500/ac x 9.4 acres, Minimum $25,000
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 9,500$ 10,450$ $500/lot x 19 lots
4 Retaining Wall -$ N/A
5 Landscaping 14,700$ 16,170$ Per City Planner
6 Street Lights 12,000$ 13,200$ 3 lights x $4000/light
7 Buffer Monumentation 250$ 275$ 5 signs x $50/sign
8 Surface Improvements 234,255$ 292,819$ 125%
9 Water Main Improvements 93,409$ 116,762$ 125%
10 Sanitary Sewer Improvements 369,259$ 461,574$ 125%
11 Storm Sewer Improvements 158,907$ 198,633$ 125%
Total 950,180$ 1,173,572$
No.Item Cost
Estimated Construction Cost 855,830$
1 Engineering Review Fees 10,000$
2 Construction Monitoring Fees 85,583$
3 Attorney Fees 3,000$
4 5% City Administrative Fees 42,791$
5 Street Light Energy Cost 864$
6 GIS Fees 1,140$
7 Trail Fog Seal -$
8 Seal Coating 4,398$
Total 147,776$
No.Item Cost
1 Storm Sewer Trunk Charge 54,920$
2 Sanitary Sewer Trunk Charge 10,105$
3 Water Trunk Charge 61,100$
4 Stormwater Ponding Fee
5 Park Dedication 64,600$
6 Cash deposit for construction of Autumn Path 127,262$
7 Cash deposit for future landscaping along Autumn
Path 2,100$
8 Cash for removal of temp lift station
Total 320,087$
$6500/acre x 9.4 acres
$1.70/SY x 2587 SY
Development Fees (due before signed plat is released)
19 units x $3,400/unit
City Engineer Estimation ($6698/lot x 19 lots)
Calculation
$6865/net developable acre x 8.0 acres
$1075/acre x 9.4 acres
N/A
Per City Planner
Fee
10% of Estimated Construction Cost
Letter of Credit for Developer Improvements (due with signed agreement)
City Fees (due with signed agreement)
Calculation
Developer's Estimate
City Engineer Estimation
Estimate
5% of Estimated Construction Cost
3 lights x 24 months x $12/month
$60/unit x 19 units, or $120/acre
N/A
Block Lots Units Block Lot Units SQ FT Acres
1 19 19 1 1 1 10340.928 0.237
1 2 1 9582.961 0.220
1 3 1 9755.200 0.224
1 4 1 9891.946 0.227
1 5 1 11014.554 0.253
1 6 1 13006.972 0.299
Total 19 19 1 7 1 14156.795 0.325
1 8 1 12144.157 0.279
Total Plat Area =9.40 acres 1 9 1 10010.745 0.230
Total Park Area =0.00 acres 1 10 1 17450.407 0.401
Future Plat Area =0.00 acres 1 11 1 20871.905 0.479
Developable Area =9.40 acres *1 12 1 29953.025 0.688
Ponding to HWL =1.40 acres 1 13 1 33791.662 0.776
Net Developable Area =8.00 acres 1 14 1 35397.986 0.813
1 15 1 32960.764 0.757
* Excludes future plat and park areas 1 16 1 29599.880 0.680
1 17 1 26485.048 0.608
1 18 1 20747.054 0.476
1 19 1 11116.287 0.255
ROW 51035.444 1.172
Total Boundary 409313.721 9.397
Bella Vista 6th
EXHIBIT B (Page 2 of 2)
Totals
Bella Vista 6th Addition
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ATTACHMENT ONE
Bella Vista 6th Addition
Final Plat
Bella Vista 6th Addition
February / 2019
G:\ENGPROJ\2019-03 Bella Vista 6th\Subdivision Agreement 2019-03.docx
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 6th Addition (19 lots) $127,262
Bella Vista Future Phases (26 lots) $174,148
Dakota County, MN
Property Information
Ja nuary 1 8, 2019
0 875 1,750437.5 ft
0 270 540135 m
1:9,600
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
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MEMORANDUM
To: Kyle Klatt, Senior Planner
CC: Kim Lindquist, Community Development Director
Stacy Bodsberg, Planning & Personnel Secretary
Brian Erickson, Director of Public Works/City Engineer
From: Stephanie Smith, Assistant City Engineer
Date: January 22, 2019
Subject: Bella Vista 6th Final Plat- Engineering Review
SUBMITTAL:
The plans for Bella Vista 6th have been prepared by Westwood dated December 6, 2018.
Engineering review comments were generated from the following documents included in the
submittal:
▫ Grading and Drainage Plan
▫ Final Plat
GENERAL COMMENTS:
This area of Bella Vista was referred to as Phase 4 South when the Bella Vista development was
originally reviewed by staff in 2013, so this title may be used interchangeably with “6th Addition”
in this memorandum.
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. The 2013 Feasibility Report for Bella Vista estimated the cost for the western half of the
Autumn Path street improvement in the amount of $576,000. This western half is to be
paid with the development of Bella Vista. The amount was divided among the 86 lots for
Bella Vista 5th Addition and the future phases 4 South and 4 North. The amount due
with the final plat for the 19 lots in Bella Vista 6th is 19 lots * $6,698/lot = $127,262.00.
3. The plan shall be revised to clearly show proposed work in Bella Vista 6th Addition vs.
work that has been completed in previous additions vs. work that will be completed in
future additions.
4. The plan shall be updated to call the phases by their platted addition numbers. The area
proposed to be platted as Bella Vista 6th is called out as 5C in the submitted grading plan.
5. Lot 20, Block 1 shall be relabeled as Lot 1, Block 1 of Bella Vista 5th.
6. 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.
7. Due to poor soils on the site, the roadway section may need to be increased. The road
section should be reviewed in final design and verified during construction.
RIGHT OF WAY AND EASEMENTS:
The plat includes dedication of right-of-way for 131st Street cul-de-sac. The plat shows the
location of an existing, gas pipeline easement through the back yards of Lots 11-19, Block 1.
Public drainage and utility (D&U) easements are shown over the ponding area in the back yards
of Lots 11-19, Block 1. D&U easement is also shown on the east side of Lot 11, Block 1 for a
proposed lift station.
8. 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. The drainage and utility easement in the front yard of Lot 10, Block 1 may be reduced as
the lift station location has been moved to Lot 11, Block 1.
10. City staff anticipates additional D&U easement will be required to accommodate
stormwater pipe between Lots 11 & 12 and Lots 9 & 10, Block 1.
STREET AND SIDEWALK
This development consists of extending 131st Street, which was stubbed off Aulden Avenue in
Bella Vista 5th. 131st Street will end in a cul-de-sac at the eastern edge of the plat. It is not
anticipated to connect to Autumn Path when that road is constructed in the future. A sidewalk
will be constructed on the north side of the street and will connect to the Horseshoe Park trail
constructed in 2018.
11. The applicant shall grade the trail north of Lots 1-10, Block 1.
12. The applicant shall submit a signage and street lighting plan for review.
WATER AND SANITARY SEWER
The Feasibility Report for Bella Vista, dated
November 19, 2013 included construction of a
temporary sanitary sewer lift station to service this
addition until the construction of a trunk sewer line
on Autumn Path (see figure to the right). The
submittal did not include proposed design for
watermain or sanitary sewer.
13. This addition shall include construction of a
temporary sanitary lift station on Lot 11,
Block 1 and construction of forcemain along 131st Street to tie-in to gravity sewer along
Aulden Avenue at the developer’s cost. This location has been modified from the
Feasibility Report to allow Phase 4 South to be constructed separately and prior to the
platting of Phase 4 North.
14. The developer shall escrow funds for the removal of the temporary lift station and the
sanitary connection to Autumn Path.
15. No City Core funds or credits are anticipated for this phase of Bella Vista.
16. The applicant shall submit plans for watermain and sanitary sewer that are consistent
with City of Rosemount Engineering Guidelines and Standard Specifications and Detail
Plates.
GRADING AND DRAINAGE
The proposed grading includes the front half of lots drain stormwater to the street and the back
half of the lot would flow away from the street. The back of Lots 11-16, Block 1 include a
drainage swale to collect the runoff in a backyard storm system.
17. Lots 14-16, Block 1 shall have draintile in the backyard swale that shall be owned by a
Homeowners Association (HOA).
18. The plan shall be revised to show driveway locations and label the driveway grades for
city staff review.
19. The plan shall be revised to show spot elevations between lots to prevent runoff towards
the proposed building pads.
20. The basement floor elevation of Lots 11-14, Block 1 do not meet the 1-foot freeboard
requirement from the 100-year High Water Level (HWL) of the pond south of these
lots. The design must be revised to meet this requirement or the applicant must
demonstrate that this standard creates a hardship and, if a hardship is demonstrated,
meet the requirements for a waiver in the Rosemount Engineering Guidelines.
STORMWATER
The stormwater design for this development cannot be reviewed at this time. The proposed
design, consistent with the preliminary design, routes stormwater through catch basins in
Autumn Path.
21. As Autumn Path will not be constructed with Bella Vista 6th, the stormwater will need to
be redesigned prior to final plat approval by Council. Staff has been in discussion with
the applicant’s engineer regarding a new alignment that would route stormwater to Pond
5 between Lots 9 and 10, Block 1 and Horseshoe Lake without entering the Autumn
Path storm system.
22. The catch basin at the end of the cul-de-sac bubble shall have a 3-foot sump.
Should you have any questions or comments regarding the items listed above, please contact
me at 651-322-2015.
MEMORANDUM
To: Kim Lindquist, Community Development Director
Kyle Klatt, Senior Planner
Anthony Nemcek, Planner
From: Dan Schultz, Parks and Recreation Director
Date: January 17, 2019
Subject: Bella Vista 6th Addition – Final Plat
The Parks and Recreation Department recently received a final plat for the Bella Vista 6th Addition.
After reviewing the plat, the Parks and Recreation Department staff has the following comments:
Parks Dedication
Staff is recommending that the City collect cash dedication for this final plat to satisfy the parks
dedication requirement for the Bella Vista 6th Addition. The cash dedication will be $64,600 (19 units
x $3,400 per unit).
Please let know if you have any questions about this memo.