HomeMy WebLinkAbout6.f. 20-40-FP Request by Lennar for Final Plat Approval of Bella Vista 7th Addition
EXECUTIVE SUMMARY
City Council Regular Meeting: August 4, 2020
AGENDA ITEM: 20-40-FP Request by Lennar for Final
Plat Approval of Bella Vista 7th Addition
AGENDA SECTION:
Consent
PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 6.f.
ATTACHMENTS: Resolution, Subdivision Agreement,
Location Map; Preliminary Plat Area;
Final Plat; Updated Construction Plans
(Grading, Streets); Autumn Path
Connection Detail; Landscape Plan;
Parks and Recreation Memo; Engineer
Review Memo
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 7th Addition,
subject to conditions.
2) Motion to Approve the Subdivision Development Agreement for Bella Vista 7th
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: 10.74 Acres
Net Area: 10.74 Acres
Lots/Units: 26 Single Family Lots
Gross Density: 2.42 units/acre
Net (Met Council) Density: 2.42 units/acre
The City Council is being asked to consider a request from Lennar Corporation (Lennar) for approval of a
Final Plat for Bella Vista 7th Addition to allow development of 26 single family lots. This plat represents
the last project phase of 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 Bella Vista Preliminary Plat and recommends
approval of this application subject to the conditions detailed in the attachments and the motion above.
PLANNING COMMISSION REPORT
The Planning Commission reviewed the proposed final plat on July 28, 2020. The Commission voted
unanimously to recommend approval of the request as part of the Consent Agenda approval.
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SUBDIVISION AGREEMENT UPDATE
In advance of the City Council meeting, staff and the developer have been reviewing the financial details
associated with the subdivision agreement, and specifically the developer’s responsibility for the various
road and future road improvements associated with Bella Vista 7th Addition. Because both parties are still
discussing the future costs associated with the northernmost extension of Autumn Path (which is outside
of the current road project), the agreement has been written with an estimated amount for this work along
with a provision that the total value of the improvements for this segment of roadway will be finalized
before the issuance of building permits in the subdivision. Any future amendments to the agreement
would be brought back before the Council for action.
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. Roughly half of the last phase (Phase 4-south), which included 19 lots, was platted as
Bella Vista 6th Addition in early 2019.
The lots approved to date represent all portions of the original preliminary plat area that can be developed
before Autumn Path is constructed along the eastern boundary of Bella Vista. The City has recently
received easements for the portions of Autumn Path outside of Bella Vista (about half of the roadway) as
part of the lot spilt to facilitate the neighboring Caramore Crossing development. The City has ordered the
improvements to build Autumn Path approximately ½ mile north from its starting point along Bonaire
Path West. With the road scheduled for construction this year, the applicant can proceed with the request
to final plat the last phase within Bella Vista with access directly on to the newly constructed segment of
Autumn Path.
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 26-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.
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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 subdivided land to be transferred to the City and future
development phases into outlots. The 7th Addition final plat will subdivide Outlot D of Bella Vista into 26
lots, allowing development on most but not all due to temporary access issues.
Streets & Access. Bella Vista 7th Addition lies at the northern most portion of the Bella Vista
subdivision, and all access into the subject property was planned from a future extension of Autumn Path
running north and south between Bella Vista and the adjacent property to the east. All other plat phases
accessed internal roads or connected directly to Bacardi Avenue to the west or Bonaire Path to the south.
Because Lennar did not secure all the right-of-way necessary to plat Autumn Path in its entirety, the
preliminary plat included the following condition of approval:
Phase 4N cannot be developed until the entirety of Autumn Path is constructed and the temporary sanitary sewer lift
station is installed. Lots 1 and 2, Block 2 are unbuildable until Street G is constructed to the west and the
temporary cul-de-sac is removed.
The first part of the condition will be addressed this year since the City is proceeding with a project to
construct Autumn Path up to the 7th Addition area. Please note that the easements granted to the City
stop short of the planned street connection into the proposed subdivision, therefore, the applicant is
proposing a temporary street connection that crosses one of the planned residential lots along the road.
The temporary road will be designed to meet all City street specifications and will be able to provide full
access to the development area until such time that Autumn Path is extended further north. Temporary
road easements are needed across the impacted lot, which will not be buildable until the road is relocated
to its permanent position to the east of this lot. Staff’s recommendation includes conditions to address the
future relocation of the road, and notes that Lot 19, Block 2 of the subdivision will be unbuildable until
the relocation occurs. The developer will also need to coordinate with the City on the timing of
improvements to ensure that the planned 7th Addition improvements will not adversely affect the City’s
Autumn Path road and utility construction project.
All lots within Bella Vista 7th Addition will front on to a new east/west street (labeled as “Street A” on the
applicant’s plans and to be assigned the name Almeria Trail by the City) connecting back into Autumn
Path. The street terminates at the adjacent property boundary to the west but is planned to continue into
the adjoining property once it is developed. As noted in the condition referenced above, the applicant is
planning to build a temporary cul-de-sac to provide a suitable turn-around at the end of the street until it is
extended into the adjacent property. The lots impacted by the cul-de-sac will not be buildable until the
road is extended, and the cul-de-sac is removed.
Water and Sanitary Sewer. Public utilities serving the subdivision will connect into the sanitary sewer
line being installed within Autumn Path or the water lines running parallel with the road south of the 7th
Addition area. The sewer and water extensions into the proposed subdivision will follow the temporary
road alignment and will also need to be relocated when the temporary road connection is removed. The
sanitary sewer will flow into the temporary lift station constructed with the 6th Addition. All required
securities associated with the future removal of this lift station were addressed with the earlier project
phases.
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Landscaping and Berming . The approved landscape plan (from the preliminary plat submission) is
consistent with the minimum number of plantings required by City Code (one per interior lot and two per
corner lot). The plan includes 26 boulevard trees, 51 additional boulevard trees used to meet replacement
tree requirements, and 70 trees (50 ornamental or evergreen and 20 overstory) along the Autumn Path
right-of-way. 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. The northernmost portion of
Autumn Path will not be constructed with the current project because a portion of this right-of-way is
located on the adjoining parcel. The overall grading plan takes the future road construction into account,
and because all planned trees are outside of the right-of-way, the developer should be able to plant the
trees along with the other 7th Addition improvements.
The trees planned for Lot 19, Block 2 will be impacted by the temporary street connection and will need
to be planted when the future extension of Autumn Path is completed. Staff is recommending that the
developer make a payment to the City for any trees that will need to be planted in the future. 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 required landscaping security totals $44,880 (136 trees plus 10%). The cost of the
trees and landscaping within Lot 19, Block 2 that will need to be planted in the future totals $3,300 (for 11
trees). Since the Planning Commission, the developer has asked for the ability to submit a security for the
future planting of trees in case they decide to do the work themselves once the road is relocated. Staff has
revised the condition to allow for a security or a cash payment.
Storm Water Management. The proposed storm water management plan will tie into the overall Bella
Vista storm water system that has been constructed with previous additions. Some of the storm water will
be directed into the ponds immediately south of the project site, while some will be directed into the
system within Autumn Path. A small portion of the storm sewer will need to be relocated along with
other public infrastructure when the temporary access road is reconfigured with the northernmost
extension of Autumn Path.
Grading . The grading plans adhere to the overall grading plans for the Bella Vista project. Some of the
lots in the western portion of 7th Addition were not graded with the mass grading that took place under
previous permits, and the applicant is proposing to come forward with custom grading plans for these lots
that would be submitted in conjunction with future building permits. The delay in grading should allow a
larger number of existing trees to be preserved in this area.
Parks and Open Space. Parks and Recreation staff reviewed the plans for final plat of Bella Vista 7th
Addition and found them to be consistent with the previous Bella Vista plans. The park dedication
requirement for 26 single family lots is 1.04 acres of land (26 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 26 units. This amount totals $88,400 (26 units x $3400 per unit).
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 southern side of Street A/
Almeria Trail that will connect to the planned sidewalk along Autumn Path. One of the issues created by
the temporary street connection into the subdivision; however, is that the current plans do not provide for
a temporary connection to either the sidewalk or trail along Autumn Path. Staff is recommending that the
applicant work with staff to include a temporary trail or sidewalk connection through Lot 19, Block 2 that
can provide pedestrian access to the Autumn Path sidewalk and trail until the road is extended further
north.
The Parks and Recreation Director also notes that the developer will need to grade the planned gravel trail
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around the north end of Horseshoe Lake per the approved grading plan.
Engineering Comments. The Project Engineer has reviewed the proposed Bella Vista 7th Addition final
plat and has provided comments in the Engineer’s Memo dated July 28, 2020. Notable comments include:
the developer will need to pay the full share of its portion of the Autumn Path street construction costs
based on the actual construction costs minus any previous payments for the roadway, paying the estimated
costs for the removal of the temporary road, and modification to the grading plan to address engineering
concerns.
Development fees as detailed in the Engineer’s Memo dated July 28, 2020, are due with the final plat and
subdivision agreement.
CONCLUSION & RECOMMENDATION
Staff and the Planning Commission recommends approval of the Final Plat for Bella Vista 7th Addition
creating 26 single family lots subject to conditions. This recommendation is based on the information
submitted by the applicant, findings made in this report, and the conditions detailed in the attached
memorandums.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-
A RESOLUTION APPROVING THE FINAL PLAT
FOR BELLA VISTA 7th 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 D, Bella Vista, according to the recorded plat thereof, Dakota County, Minnesota.
WHEREAS, on July 28, 2020, the Planning Commission of the City of Rosemount reviewed the Final Plat
for Bella Vista 7th Addition; and
WHEREAS, on July 28, 2020, the Planning Commission recommended approval of the Final Plat for Bella
Vista 7th Addition, subject to conditions; and
WHEREAS, on August 4, 2020, the City Council of the City of Rosemount reviewed the Planning
Commission’s recommendations and the Final Plat for Bella Vista 7th Addition.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Final Plat for Bella Vista 7th 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 construction plans for 7th Addition shall include the gravel trail in the area north and east of
Horseshoe Lake as shown on the grading plans.
4. Lot 19, Block 2 is unbuildable until the future extension of Autumn Path north of the temporary
road access is completed and the temporary road across this lot is removed.
5. The City Engineer must approve a final turn-around design for the western terminus of Street
A/Almeria Trail. Depending on the final location of the turn-around area, either Lot 1, Block 2,
Lot 2, Block 2, or both will be deemed unbuildable until the road is extended into the property
to the west.
6. The final plat shall include all easements as requested by City.
7. Provision of $44,880 for landscaping surety.
8. Payment of $3,300 for landscaping to be installed on Lot 19, Block 2 after removal of the
temporary road connection into Bella Vista 7th Addition. The City may accept a landscaping
surety in place of a cash payment.
9. Payment of $88,400 for Fee-In-Lieu of Park Dedication.
10. Plans submitted with the building permits for custom grading of lots in the western portion of
the subdivision are subject to review and approval by the City Engineer.
11. The construction plans shall be updated to include a temporary sidewalk or trail connection to
Autumn Path through Lot 19, Block 2 in a location satisfactory to the City Engineer.
12. Compliance with the conditions and standards within the City Engineer’s Memorandum dated
July 28, 2020.
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ADOPTED this 4th day of August, 2020 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 7th Addition
AGREEMENT dated this ________ day of ________________________, 2020, 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 7th 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. The construction plans for 7th Addition shall include the gravel trail in the area north and east of
Horseshoe Lake as shown on the grading plans.
f. The City Engineer must approve a final turn-around design for the western terminus of Street
A/Almeria Trail. Depending on the final location of the turn-around area, either Lot 1, Block 2,
Lot 2, Block 2 or both will be deemed unbuildable until the road is extended into the property to
the west.
g. Plans submitted with the building permits for custom grading of lots in the western portion of
the subdivision are subject to review and approval by the City Engineer.
h. The construction plans shall be updated to include a temporary sidewalk or trail connection to
Autumn Path through Lot 19, Block 2 in a location satisfactory to the City Engineer.
i. Payment of $44,880 for landscaping surety.
j. Payment of $242,782 for the Developer’s share of Autumn Path, CP 2019-07.
k. Payment of an estimated $295,175 for the Developer’s share of future Autumn Path extension
from the CP 2019-07 project limits to the northern property line of Bella Vista 7th. This cost
estimate shall be finalized and paid by the Developer prior to issuance of any building permit
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within the Bella Vista 7th Addition plat.
l. Payment of $59,125 for removal of temporary roadway, cul-de-sac, utilities.
m. Payment of $3,300 for future landscaping on Lot 19, Block 2 after removal of the temporary
road connection.
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
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”:
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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
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,
2020, 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, 2021. 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, Two Hundred
Seventy-Seven Thousand, One Hundred Six Dollars ($1,277,106). The amount of the security was
calculated as follows:
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Cost 110%
Grading & Erosion Control $37,601 $41,361
Pond Restoration and Erosion Control Removal $25,000 $27,500
Survey Monumentation $13,000 $14,300
Landscaping $44,880 $49,368
Street Lighting (4 lights) $16,000 $17,600
Buffer Monumentation (23 signs) $1,150 $1,265
Cost 125%
Surface Improvements $440,554 $550,693
Water Main Improvements $139,406 $174,258
Sanitary Sewer Improvements $188,360 $235,450
Storm Sewer Improvements $132,250 $165,313
Total $1,038,201 $1,277,106
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with all terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with written notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2)
weeks of receiving notice, the City may draw on the letter of credit and take such steps as it deems
necessary to remedy the default. With City approval, the letter of credit may be reduced from time to
time as financial obligations are paid and Developer Improvements and other Developer obligations
are completed to the City’s requirements.
11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be coordinated by
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.
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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
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.
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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 $149,770
shall be deposited with the City at the time this Agreement is signed, and represent the following
amounts:
$90,057 Engineering Fees (10% based on developer’s estimate of $900,570)
$3,000 Attorney Fees
$45,029 5% City Fees (5% based on developer’s estimate of $900,570)
$1,152 Street Light Energy Cost
$1,560 GIS Fees
$8,973 Seal Coating
$149,770 Total Amount Due
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
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costs, damages or expenses that the City may pay or incur in consequence of such claims, including
attorney’s fees.
Notwithstanding any other provision in this Agreement to the contrary, Developer agrees that it will
not be able to submit a claim for extra work or for monetary damages (for delay or otherwise), or
request an extension of time to complete the work, for any reason arising out of or relating to: (1) the
COVID-19 pandemic; or (2) any national, state, or local declaration, resolution, or order relating to
the COVID -19 pandemic, unless such declaration, resolution or order prohibits work on the project.
The contract completion date shall be extended for the period of the required stoppage in work but
without any claim for delay damages.
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 $88,400
B. Storm Sewer Trunk Area Charges in the amount of $72,865
C. Sanitary Sewer Trunk Area Charges in the amount of $11,549
D. Watermain Trunk Area Charges in the amount of $69,830
E. Developer’s share of Autumn Path, CP 2019-07 in the amount of $242,782
F. Cash for removal of the temporary roadway, cul-de-sac and utilities in the amount of $59,125
G. Cash deposit for future landscaping along Autumn Path in the amount of $3,300
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).
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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
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.
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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
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
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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 ($20,000 per acre of mitigation).
Bella Vista 7th
EXHIBIT B (Page 1 of 2)
No.Item Cost 110%Calculation
1 Grading and Erosion Control 37,601$ 41,361$ $3500/ac x 10.743 acres, Minimum $25,000
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 13,000$ 14,300$ $500/lot x 26 lots
4 Retaining Wall -$ -$ N/A
5 Landscaping 44,880$ 49,368$ Per City Planner
6 Street Lights 16,000$ 17,600$ 4 lights x $4000/light
7 Buffer Monumentation 1,150$ 1,265$ 23 signs x $50/sign
8 Surface Improvements 440,554$ 550,693$ 125%
9 Water Main Improvements 139,406$ 174,258$ 125%
10 Sanitary Sewer Improvements 188,360$ 235,450$ 125%
11 Storm Sewer Improvements 132,250$ 165,313$ 125%
Total 1,038,201$ 1,277,106$
No.Item Cost
Estimated Construction Cost 900,570$
1 Engineering Fees 90,057$
2 Attorney Fees 3,000$
3 5% City Administrative Fees 45,029$
4 Street Light Energy Cost 1,152$
5 GIS Fees 1,560$
6 Trail Fog Seal -$
7 Seal Coating 8,973$
Total 149,770$
No.Item Cost
1 Storm Sewer Trunk Charge 72,865$
2 Sanitary Sewer Trunk Charge 11,549$
3 Water Trunk Charge 69,830$
4 Stormwater Ponding Fee -$
5 Park Dedication 88,400$
6 Fee for Construction of Autumn Path, CP 2019-07 242,782$
8 Cash deposit for future landscaping on L19, B2 3,300$
9 Cash for removal of roadway, CDS and utilities 59,125$
Total 547,850$
$6500/acre x 10.743 acres
$1.70/SY x 5278 SY
Development Fees (due before signed plat is released)
26 units x $3,400/unit
Bid Cost + 5% Contingency + 25% Indirect Costs
Calculation
$6865/net developable acre x 10.614 acres
$1075/acre x 10.743 acres
N/A
Per City Planner
Estimate $47,300 + 25% Indirect Costs
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
Estimate
5% of Estimated Construction Cost
4 lights x 24 months x $12/month
$60/unit x 26 units, or $120/acre
N/A - trails will be gravel
Block Lots Units Block Lot Units SQ FT Acres
1 7 7 1 1 1 19240.564 0.442
2 19 19 1 2 1 21127.371 0.485
1 3 1 16034.137 0.368
1 4 1 13693.391 0.314
1 5 1 13915.110 0.319
1 6 1 13131.516 0.301
Total 26 26 1 7 1 15924.119 0.366
2 1 1 12881.564 0.296
Total Plat Area =10.743 acres 2 2 1 10845.378 0.249
Total Park Area =0.000 acres 2 3 1 11125.474 0.255
Future Plat Area =0.000 acres 2 4 1 10647.294 0.244
Developable Area =10.743 acres *2 5 1 10500.000 0.241
Ponding to HWL =0.129 acres 2 6 1 10500.000 0.241
Net Developable Area =10.614 acres 2 7 1 10500.000 0.241
2 8 1 10500.000 0.241
* Excludes future plat and park areas 2 9 1 11674.038 0.268
2 10 1 11718.709 0.269
2 11 1 12011.759 0.276
2 12 1 12524.763 0.288
2 13 1 10618.647 0.244
2 14 1 9836.049 0.226
2 15 1 11936.152 0.274
2 16 1 12286.629 0.282
2 17 1 12317.397 0.283
2 18 1 13293.784 0.305
2 19 1 10999.322 0.253
ROW 117676.459 2.701
Outlot A 5565.18
Outlot B 13705.2
Outlot C 1234.368
Total Boundary 467964.374 10.743
Bella Vista 7th
EXHIBIT B (Page 2 of 2)
Totals
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ATTACHMENT ONE
Bella Vista 7th Addition
Final Plat
Dakota County, MN
Property Information
July 24, 2020
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.
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
915
920
925
930
935
940
945
950
955
960
915
920
925
930
935
940
945
950
955
960
943.7943.7945.1946.6948.0947.7946.5944.9943.9944.63945.13945.63946.14946.64947.14947.22946.47944.89942.89941.19940.12939.571034+50 1035+00 1035+50 1036+00 1036+50 1037+00 1037+50 1038+00 1038+50 1039+00 1039+50 1040+00 1040+50 1041+00 1041+50 1042+00
-4.00%
-1.00%
1.00%
1.00%PVIS:1036+30.00PVIE:946.94PVIS:1040+00.00PVIE:939.57PVIS:1037+25.00
PVIE:947.89
AD:5.00
K:29.98
150.00' VC
BVCS:1036+50.00
BVCE:947.14
EVCS:1038+00.00
EVCE:944.89
HP STA:1036+80.06
HP ELEV:947.29
PVIS:1039+10.71
PVIE:940.46
AD:3.00
K:39.95
120.00' VC
BVCS:1038+50.71
BVCE:942.86
EVCS:1039+70.71
EVCE:939.86
LP STA:1039+70.71
LP ELEV:939.86
PROPOSED C/L
ELEVATION
EXISTING C/L
ELEVATION
PROPOSED C/L
PROFILE
EXISTING C/L
PROFILE
24" RCP CL III
5201STA 1035+27.2321.67 RTRIM=945.43(84"Ø)FUTURE STORM SEWER
INV: 936.37 (S)
INV: 936.27 (W)
INV: 937.87 (N)
12" HIGH PRESSURE
PIPELINE
FUTURE WATERMAIN
FUTURE SANITARY SEWER FUTURE SANITARY SEWER
FUTURE C/L
PROFILE
73' - 15" RCP CL V @ 0.82%
PROPOSED
SUBGRADE
4:1
CONSTRUCT BULKHEAD
INV: 938.47
1035+00 1036+00 1037+00 1038+00
1039+0
0
1040+0
0
1035+00 1036+00 1037+00 1038+00
1039+0
0
1040+0
0
PC:1037+82.97MID:1038+36.12PT:1038+89.26sssST
FUTURE 5213
FUTURE 5214
FUTURE 5215
5201
5200-EX(53)
W
SOEND AUTUMN PATH
STA: 1038+00.00 ssss1035+00 1036+00 1037+00 1038+00
1039+0
0
1040+0
0GASGASGASGASG
A
S
GA
S
G
A
S
11039943.96misc POTHOLE D=80" S=8"5200A
PROPOSED CURB AND GUTTER BITUMINOUS ROAD
LEGEND
PROPOSED BITUMINOUS EDGE
PROPOSED CONCRETE EDGE BITUMINOUS PATH
CONCRETE WALK
CONSTRUCTION LIMITS
EXISTING CONTOURS
PROPOSED CONTOURS
1034+001034+001034+00
937.87
937.87
MATCHLINE STA: 1034+50SEE SHEET 18AUTUMN PATH LOCATION
SCALE IN FEET
0
H:
30 60
SCALE IN FEET
0
V:
5 10
WSB PROJECT NO.:REVISIONSNO.DATEDESCRIPTIONK:\013594-000\Cad\Plan\013594-000-C-STRT_STRM-PLAN.dwg 7/7/2020 8:48:23 AMNR-013594-000
SCALE:
PLAN BY:
DESIGN BY:
CHECK BY:
AS SHOWN
GMD
GMD
XXX
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:MONICA HEIL1/31/202047497AUTUMN PATHROSEMOUNT, MINNESOTASTREET & STORM
SEWER PLANS
SHEET
OF
41
19R
R25.0'
R25.0'
WARNING!
HIGH PRESSURE PIPELINE(S)
Excavation and Construction Prohibited
Without Written Permission From
NORTHERN NATURAL GAS
CONNECT TO EXISTING
DRAINAGE STRUCTURE
42' FACE TO FACE
FUTURE AUTUMN PATH
FUTURE AUTUMN PATH 25/26/2020WATERMAIN37/6/2020STREET END AND STORM SEWERSTA 1034+50
END CURB AND GUTTER AND
STREET CONSTRUCTION
EASEMENT
STA 1036+00.00
CONSTRUCT BULKHEAD
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
Brian Erickson, City Engineer
Stephanie Smith, Assistant City Engineer
From: Dan Schultz, Parks and Recreation Director
Date: July 23, 2020
Subject: Bella Vista 7th Addition – Final Plat
The Parks and Recreation Department recently received a final plat for the Bella Vista 7th 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 7th Addition. The cash dedication will be $88,400 (26 units
x $3,400 per unit).
Trail Development
The developer will implement the grading plan for the area east and north of Horseshoe Lake and
will grade in the trail around the lake per the approved grading.
Please let know if you have any questions about this memo.
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: July 28, 2020
Subject: Bella Vista 7th Final Plat- Engineering Review
SUBMITTAL:
The plans for Bella Vista 7th have been prepared by Westwood. Engineering review comments
were generated from the following documents included in the submittal:
▫ Construction Plans (dated 8/1/2019)
▫ Revised
▫ Drainage Map and Stormwater Report (dated 10/11/19)
▫ Final Plat and Lot Areas (dated 10/11/19)
GENERAL COMMENTS:
This area of Bella Vista was referred to as Phase 4 North when the Bella Vista development was
originally reviewed by staff in 2013.
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 cost for the western half of the Autumn Path street is anticipated to be $644,661.88
and shall be paid with the development of Bella Vista. A portion of this cost has been
collected with Bella Vista 5th Addition and 6th Addition. The amount due with the final
plat of Bella Vista 7th shall cover the balance that has not been collected with the
previous developments: $242,781.88.
3. The developer shall pay an estimated cost for the removal of the temporary street and
utility connection to Autumn Path and the western half of construction of Autumn Path
from the current project 2019-07 construction limits to the northern property line of
Bella Vista 7th. This extension is not being constructed at the time because the City does
not have an easement on the eastern property.
4. The plan shall be revised to coordinate with the City’s Autumn Path Extension project.
5. 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.
6. The developer shall work with the gas line companies to obtain any required permits.
7. Revise label at the upper right hand corner to “City Project 2020-05”.
RIGHT OF WAY AND EASEMENTS:
The plat includes dedication of right-of-way for Autumn Path, Street A and easement at the
back of lots in Block 2 for the stormwater basin and wetlands.
8. Outlot A shall be deeded to the City.
9. The part of the street that will permanently intersect Autumn Path is outside the
property owned by the applicant. Until that area develops, the applicant shall dedicate a
temporary roadway and utility easement for the construction of a temporary connection
to Autumn Path.
10. Temporary roadway easement shall be dedicated for the temporary cul-de-sac
constructed at the end of Street A until the adjacent property develops and the road can
connect to Bacardi Ave.
11. Conservation easement is required over the wetland and buffer area. Signage shall be
installed for the conservation easements prior to the sale of the adjacent properties.
12. Easements are required over all ponding and infiltration areas, and shall encompass at
minimum the HWL and all naturally vegetated areas. Signage for easements shall be
provided by the developer prior to sale of properties, and an extended maintenance
warranty shall be required to ensure establishment of the naturally vegetated areas.
13. 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
construction of structures such as 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.
14. 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.
15. The developer shall work with their sales staff to ensure that homebuyers have
knowledge of their easements. Easement restrictions should be added as a restriction on
the property deed.
16. The width of drainage and utility easements over all public utilities shall be verified
during final design.
STREET AND SIDEWALK
This development proposes construction of Street A to run from southeast at Autumn Path,
northwest to end in a temporary cul-de-sac. Street A is longer than our cul-de-sac length
standard, but it is a temporary cul-de-sac. The cul-de-sac will be removed and Street A will be
extended to Bacardi Avenue when the property to the west develops.
Street A’s permanent connection to Autumn Path cannot be constructed at this time, so a
temporary connection through Lot 19, Block 2 is proposed. When the property to the northeast
develops, the temporary connection will be removed and Autumn Path can be extended to a
permanent connection with Street A.
17. The street construction plans shall show directional arrows for drainage. High points
shall be labeled as such.
18. The applicant shall install type-three barricades with “Future Thru-Street” signage at the
end of Street A and east of the intersection with Autumn Path.
19. Construction plans shall show the name of Street A, to be determined by City staff.
20. Concrete curb and gutter shall be extended on the cul-de-sac until the curve of the
bubble.
21. 25’ radius is required on public streets.
22. B618 curb shall be used on the temporary connection to Autumn Path.
23. Label the street width of the temporary connection.
24. An ADA-compliant pedestrian curb ramp is required when sidewalk or trails intersect
with curbs.
25. Intersection details shall be included in the plan.
26. The ramps shall be constructed according to the current MnDOT detail plates.
27. Applicant shall submit a street light and signage plan for review.
WATER AND SANITARY SEWER
A temporary sanitary lift station was constructed with Bella Vista 6th to service both the 6th and
7th Additions until the property to the east is developed and a regional sanitary connection can
provide service for these lots.
28. Applicant’s engineer shall submit a sketch to confirm sanitary pipe elevations are
compatible with the future regional pipe.
29. Connections to active mains shall be wet taps.
30. Additional gate valves are required at 800-foot minimum spacing.
31. Hydrant spacing may be increased up to 500 feet.
32. Label watermain plug.
33. 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.
STORMWATER
Stormwater design on this site is consistent with the preliminary plat. A storm basin will be
constructed between Block 2 and Horseshoe Lake.
WSB Engineering reviewed the Biscayne Business Park plans on behalf of the City. The full
memorandum, dated November 1, 2019, is included as an attachment. The recommendations
are summarized below:
34. 100-yr HWLs and snowmelt HWLs for Ponds 5 and 8 should be updated to the
following:
Pond 5:
• 100-yr HWL = 942.3
• Snowmelt HWL = 938.7
Note that the NWL for Pond 5 is a 936.0 per the overall Bella Vista development plan.
However, details from the Bella Vista 6th Addition Utility Plans show the invert of the
outlet pipe from the Pond 5 OCS at a 938.0. Applicant should confirm if the outlet
structure from Pond 5 has already been constructed and if so, what the normal water
level is.
Pond 8:
• 100-yr HWL = 938.5
• Snowmelt HWL = 938.6
35. The overflow pipe from Basin 1424 (Horseshoe Lake) does not need to be constructed
at this time due to modifications to the lift station north of the development. No further
action required.
36. Note the ultimate EOF location for the roadway. It appears that it is going north near
the low point at station 23+25 but applicant should confirm.
37. Applicant shall submit a restoration plan for review.
38. The silt fence should be shown on the outside of the proposed grading on the south side
of Pond 8.
39. Riprap and filter material quantities based on City Standard Plate SD-9 should be called
out at each outlet.
40. Add a spot elevation along lot line between Lots 11 and 12 to confirm that the EOF for
the low point in the road will not be between the houses.
41. Contours in the backyards of Lots 3 and 4 should be labeled to confirm the grading is
showing high points in the backyards.
42. Driveway locations and proposed slopes should be added to the grading plans. Storm
sewer downstream of the planned connection from future Autumn Path storm sewer
will need to be sized to accommodate an additional 6 cfs for a future force main
connection. The exiting pipes from EX. STMH-53 to Pond 5 are shown without
capacity for the additional 6 cfs.
43. There are inconsistencies between the pipe slopes called out in the plans and the slope
used in the storm sewer sizing calculations. Applicant should update the storm sewer
sizing calculations to be representative of what is shown in the plans.
44. A skimmer outlet structure will be required for the outlet control structure (OCS 700).
The pipe coming into OCS 700 from Pond 8 should be inverted so that the pipe is a
minimum of 6 inches below the water surface per the City’s Engineering Guidelines. A
detail of the outlet control structure should be included in the plans. All utility crossings
should be shown in the profile view for both the sanitary and watermain plans and the
street and storm sewer plans. The existing gas main should be added to the profile above
storm sewer from TEMP. CBMH-84 to EX. STMH-53.
45. It is recommended structures STMH 706-708 be moved to the curb line and changed to
catch basins.
46. A 0.1 ft drop is shown at each permanent storm structure. A 0.1 ft drop between inverts
should also be added at each temporary storm structure where possible.
47. Label structure STMH 701A in plan view on sheet 7.
48. Lots 17 and 18 shall be revised to meet freeboard requirements with respect to Pond 5’s
HWL of 942.3.
Should you have any questions or comments regarding the items listed above, please contact
me at 651-322-2015.
K:\014675-000\Admin\Docs\Stormwater Review\20191022\MEMO - Bella Vista 7th Plan Review Comments_20191101.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM Memorandum
To: Stephanie Smith, City of Rosemount
From: Bill Alms, PE
Kendra Fallon, EIT
Date: November 1, 2019
Re: Bella Vista 7th Addition Construction Plan Review
WSB Project No. 014675-000
I have reviewed the documents provided by Westwood, on 10/22/19 for Bella Vista 7th
Construction Plans. Documents reviewed include:
· 19-10-03 BELLA VISTA 7TH CONSTRUCTION PLANS
· 19-10-11 0000586.07 DRAN AREA MAP
· 19-10-11 0000586.07FPF01 – 7th Addn
· 19-10-11 hagen to KLATT- Bella Vista 7th Addition-Final Plat Sub Transmittal
· 19-10-11 REVISED Bella Vista 7th Add TIME CONC COMP AND PIPE DESIGN
· 19-10-11 w- TEMP CB’S BELLA VISTA 6TH ADD TIME CONC COMP AND PIPE
DESIGN
· 2019-10-11 Final Lot Tab 7th Addn
An updated grading and erosion control plan were not submitted so those initial comments
remain. Based on my review of the plan and its revisions I offer the following comments for your
consideration. Please provide a response to these comments.
Grading, Drainage, and Erosion Control Comments:
1. General
a. No Additional Comments
2. Ponds and Wetlands
a. 100-yr HWLs and snowmelt HWLs for Ponds 5 and 8 should be updated to the
following:
i. Pond 5:
1. 100-yr HWL = 942.3
2. Snowmelt HWL = 938.7
3. Note that the NWL for Pond 5 is a 936.0 per the overall Bella
Vista development plan. However, details from the Bella Vista 6th
Addition Utility Plans show the invert of the outlet pipe from the
Pond 5 OCS at a 938.0. Applicant should confirm if the outlet
structure from Pond 5 has already been constructed and if so,
what the normal water level is.
ii. Pond 8:
1. 100-yr HWL = 938.5
2. Snowmelt HWL = 938.6
Stephanie Smith
11/1/2019
Page 2
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3. Emergency Overflow Routes:
a. The overflow pipe from Basin 1424 does not need to be constructed at this time
due to modifications to the lift station north of the development. No further action
required.
b. Note the ultimate EOF location for the roadway. It appears that it is going north
near the low point at station 23+25 but applicant should confirm.
4. Retaining Walls:
a. No Additional Comments
5. Erosion Control:
a. No restoration plan was included in this submittal.
b. The silt fence should be shown on the outside of the proposed grading on the
south side of Pond 8.
c. Riprap and filter material quantities based on City Standard Plate SD-9 should be
called out at each outlet.
6. Grading:
a. Add a spot elevation along lot line between Lots 11 and 12 to confirm that the
EOF for the low point in the road will not be between the houses.
b. Contours in the backyards of Lots 3 and 4 should be labeled to confirm the
grading is showing high points in the backyards.
c. Driveway locations and proposed slopes should be added to the grading plans.
Stormwater Management Plan:
1. General Storm Sewer Design
a. Storm sewer downstream of the planned connection from future Autumn Path
storm sewer will need to be sized to accommodate an additional 6 cfs for a future
force main connection. The exiting pipes from EX. STMH-53 to Pond 5 are
shown without capacity for the additional 6 cfs.
b. There are inconsistencies between the pipe slopes called out in the plans and
the slope used in the storm sewer sizing calculations. Applicant should update
the storm sewer sizing calculations to be representative of what is shown in the
plans.
c. A skimmer outlet structure will be required for the outlet control structure (OCS
700). The pipe coming into OCS 700 from Pond 8 should be inverted so that the
pipe is a minimum of 6 inches below the water surface per the City’s Engineering
Guidelines. A detail of the outlet control structure should be included in the plans.
d. All utility crossings should be shown in the profile view for both the sanitary and
watermain plans and the street and storm sewer plans. The existing gas main
should be added to the profile above storm sewer from TEMP. CBMH-84 to EX.
STMH-53.
e. It is recommended structures STMH 706-708 be moved to the curb line and
changed to catch basins.
f. A 0.1 ft drop is shown at each permanent storm structure. A 0.1 ft drop between
inverts should also be added at each temporary storm structure where possible.
g. Label structure STMH 701A in plan view on sheet 7.
2. Water Quantity
a. No Additional Comments
Stephanie Smith
11/1/2019
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3. Rate/Volume Control
a. No Additional Comments
4. Freeboard
a. Lots 17 and 18 do not meet freeboard requirements with respect to Pond 5’s
HWL of 942.3.
5. Water Quality
a. No Additional Comments
6. Easements
a. No Additional Comments