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HomeMy WebLinkAbout20070604 - VI-05 VI-5 Memo To: Mayor Hicks and City Council From: John Hinzman, Planning Director Date: June 4, 2007 Subject: Development Agreement - RIVERWOOD 9TH ADDITION REQUEST The City Council is asked to approve the attached Development Agreement between the City and the developers RIVERWOOD 9TH ADDITION, containing 46 lots and 41 townhome units. The City Council approved the Preliminary and Final Plat on May 7,2007. As a condition of approval, the developer was required to enter into a development agreement with the city to memorialize conditions of approval. ATTACHMENTS . Location Map . Final Plat . Development Agreement *" r- 0 7. 0 N - s::..!l! ;5 CD Oil.. N ;alii;: .r: () "CS::Ql -- n - ~ "C._ ._ m <( u.. ~ 0 ~ ~ ::J ~ ~ ~ ~"Ctt:: 0... .". 1" '-7' :2 ~ S -s:: ,.... 'i'i '7 '7 ct: Cl:: a:: a:: Cllllls:: ~ - . a: " " " "C ~..!l! ~ I < Z3 ~ ", " " IIOC Olllll.. o s:: Ql ~.- - I I 100"11011 E .- Ql ._ IJl >- .- Ql tt::~ Il.. 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" ~~~ ~ ,~ ; ~t5:1. t::i uil o~i Ui ~ Z~~~~~ n f--I ~ ~ :0:-;, LL till ~'<t:! 0 1;!I:<:;u~ N Cd'. a~! f- t'}~ ~~~ ~ j ~~~ lf1 , '">eo " 111ft rn ~ Ill;!", 3hh ~~ ~ c- ," 0"" , g ~~~~ii !i " ~ f- IiO~!~~15 ;;Ill;:< ~ ~ ~ ~~~!~~~;i~ o N '"~:i!':Ill~ -!;;~ Ii ~ ~o!l~~~ ~~1lI ~ ~ ---.J ci ",~Illlll~~ ~~~ ~ ! ~ ~ z ~l~~~~~ :!~ ~ ~ -<-t I 0!:;;~~15 i'h 5 5 C) i 0 ~ ;i~;!l ill ! ~ ~ ~ 0::2: ei! h ~~ ~ ~ '---i ~~ er:: z i::::l!J ~ 3: ~ :~C~: . ' " ~;!rni~ C4 / '~~~~i~L-:~~ C) / ,- 1- C) ~ OJ 8 Q rY' S" 0 ~ ~ 0 ~ c- ~ ~ 6 ~ ~ 0 ~ <J- ~ rn (-- rr--. 1-- 0 o ~ 0 Z C} h ~--1 C) ~ - ~ \_ ~ 0 ~ =i ~ \ h 0 :2 \ ~ 00 \ C) 0 -::c 5 3' Z y [(3' \p \ uJo X /' r-- ',I & \ ~! II - ~ t~ ~ ~. ~ / l!!' ~ hI, iH ....~..,"",$J..":~J!~ "__ ,,~~ 0 ""YO' 1~.(13<l 1. Aoolication of Development Agreement. This Development Agreement shall apply to the following property proposed to be platted in the City of Hastings, Dakota County, Minnesota, legally described as: Riverwood 9th Addition, according to the plat thereof, to be filed in the Dakota County Recorder's Office. This property hereafter shall be referred to as "Subject Property". All references in this Development Agreement to a lot, block or outlot, shall refer to a lot, block or outlot contained in the plat of Riverwood 9th Addition. 2. Parties Authoritv to Sifln. Developer warrants to the City it has full authority to enter into this Development Agreement and perform the conditions herein contained. Developer further warrants this Development Agreement will be recorded against the Subject Property before any of the Subject Property is transferred or encumbered in any way. Property Owner signs this Development Agreement so as to bind its interest in the Subject Property to the terms ofthis Development Agreement. 3. Density. The Subject Property has been approved for a total density of 41 units to be developed as follows: 28 duplex units; three 3-unit town home buildings; and one 4-unit town home buildings. There will be three lots under common ownership and two outlots for future development. 4. Park Dedication Fees. Before the City will release the final plat, Developer shall pay to the City cash in lieu of land in satisfaction of the City's park dedication requirements. To satisfy this park dedication requirement, Developer shall pay to the City $20,570.00. This represents a rate of$561.00 for each two unit buildings and 2 $374.00 per unit for each three or more unit buildings. 5. Sewer Interceotor Fees. Before the City will release the final plat, Developer shall pay to the City $15,785.00 for sewer interceptor fees. This represents a rate of $385.00 for 41 units. 6. Declaration of Covenants. Conditions and Restrictions. Developer shall prepare and submit to the City for its review and approval, a Declaration of Covenants, Conditions and Restrictions or an equivalent document. This document shall be submitted and approval must be given by the City before the City will release the final plat of the Subject Property. The purpose of the declaration or equivalent document will be to ensure maintenance of open space, median plantings, cul-de-sac plantings, common drives and common utilities. Furthermore, this document shall include, but not be limited to, the following: A. A statement requiring the deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments to be subj ect to the terms of the declaration. B. A provision for the formation of a property owner's association or corporation and that all owners must be members of said association or corporation which will maintain all properties and common areas in good repair and which may access individual property owners a proportionate share of joint or common costs. The association or corporation must remain in effect and may not be terminated or disbanded. C. Membership in the association shall be mandatory for each owner and any 3 successive buyer. D. Any open space restrictions must be permanent and may not be changed or modified without City approval. E. The association will be responsible for liability insurance, local taxes and the maintenance of the open space facilities that are deeded to it. F. Property owners will be responsible for their pro-rata share ofthe cost ofthe association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. G. The association may adjust the assessment to meet changing needs and costs. 7. Compliance with Conditions of Plat Approval. Developer agrees to comply with all conditions of preliminary plat approval, site plan approval and final plat approval for the Subject Property as well as develop the Subject Property in conformance with the plans submitted with the City Council Staff Report dated May 7,2007. 8. Pedestrian Trail Connections. Developer shall construct a pedestrian trail along South Pointe Drive between Riverwood Drive and the existing trail stub east of South Pointe Drive as approved by the public works director. In the event the Developer disagrees with the decision ofthe public works director, Developer may appeal that decision to the Hastings City Council within 30 days after receiving the directive from the public works director. 9. Additional Grading Requirements. In addition to any other grading and erosion control requirements provided in this Agreement, Developer shall complete the 4 grading requirements listed on Exhibit A. Developer agrees no building permits for construction within the Subject Property will be issued until all items listed on attached Exhibit A have been completed to the City's satisfaction. 10. Separate Water Meters. Developer shall install separate water meters and separate water lines for any irrigation systems installed on the Subject Property. 11. Uncomoleted Site Work. No Certificates of Occupancy shall be issued for any building on the Subject Property if there is any uncompleted site work, including landscaping unless Developer escrows with the City cash in the amount of 125% of the estimated cost to complete all site work, including landscaping. The amount of the cash escrow shall be determined by the City. 12. Landscavinf! Plan. Before the City will sign the final plat, Developer must submit and receive approval of Developer's landscaping plan. This landscaping plan shall include, but not be limited to, identifying the size, species and method of installation for all required boulevard and front yard trees, as well as all cul-de-sac islands. 13. Boulevard Trees. Developer shall plant a boulevard tree every 50 feet within the right-of-way within the Subject Property, 14. Site Grading. The entire Subject Property, i.e. all platted lots and all outlots, shall be graded at the same time. All site grading on the Subject Property shall be completed according to the grading plan approved by the City and on file at Hastings City Hall. All disturbed areas on the Subject Property must be stabilized with a rooting vegetative cover to eliminate any erosion problems. All disturbed areas on the Subject Property shall also be maintained so as to comply with all City of 5 Hastings property maintenance ordinances. As-Built Grading Plan - Upon completion of site grading, the Developer shall submit to the Public Works Division for review, an as-built grading plan in a type and format specified by the Public Works Division showing the newly graded elevations at all lot comers, critical elevations in drainage ways, one foot contours at ponding and sedimentation basins, and at ponding level control points for ponding basin emergency overflow swales. Before City will release the final plat for recording, Developer must submit a letter from a registered engineer certifYing that the grading work of Riverwood 9th Addition does not encroach into the flood plain beyond the approved limits established in the 1998 Special Use Permit. 15. Letter of Credit and Insoection Escrows. A. Before Developer begins any grading on the Subject Property, Developer shall post with the City a letter of credit or escrow in the amount of 125% of the grading cost. B. Before the Developer begins any street and utility construction, Developer shall post with the City a letter of credit or cash escrow in the amount of 125% of the street and utility improvement costs. Additionally, before any grading or street and utility construction commences, Developer shall also post the cash escrow in an amount determined by the City's Public Works Director to reimburse the City for inspection fees that incur for the grading, street and utility construction inspections. Before Developer begins any 6 grading or any street or utility construction, Developer shall provide City with proof of liability and insurance in an amount of at least one million dollars. City shall also be named as an additional insured on all liability insurance policies used to satisfy the requirements of this paragraph. C. All letters of credit required by this Agreement shall be in a form acceptable to the City and issued by a company licensed to do business in Minnesota. D. Maintenance Bond - Prior to accepting or approving the completed Developer financed and constructed grading and/or street and utility improvements, the Developer must submit a maintenance bond from Developer's contractor in the amount of 20% of the improvement costs, covering a period of one year after City acceptance of the improvements. E. Privately Constructed Improvements - In the event the Developer elects to pay one hundred percent (100%) of all costs incurred for installation of the improvements outside of the normal assessment procedure, Developer may do so provided Developer complies with the following requirements: 1. All construction shall be in accordance with plans and specifications approved by the Public Works Division. 2. The Developer must retain a registered civil engineer to design and inspect the improvements and to certify that the improvements were constructed in accordance with the approved plans. 3. Complete the required improvements within a two-year period. 4. Provide the City with reproducible as-built drawings of the 7 improvements within two months of completion of the improvements. 16. Specifications - Insoections. A. Unless otherwise stated, all of the required improvements shall conform to engineering standards and specifications as required by the City. Such improvements shall be subject to inspection and approval by, and shall be made in sequence as determined by the Public Works Division. Plans and specifications for the required improvements shall be submitted to the Public Works Division in a type and format specified by the Public Works Division for review and approval. The required improvement plan review fee as established by City Council resolution shall be paid at this time. R Inspection of Public Improvements - Construction of all subdivision street and utility improvements and other required subdivision improvements shall be inspected by a City designated inspector for compliance with City standards, and the approved improvement plans and specifications. The Public Works Director shall determine the estimated cost of inspection services. The City will pay all improvement inspection costs incurred from these escrowed funds, and furnish the Developer with copies of all invoices received. The City will also charge 10% ofthe consultant fees to cover City overhead and administration costs connected to the inspection services. Excess funds will be returned to the Developer upon completion and acceptance ofthe improvement project. lfthe funds deposited with the City 8 are insufficient to cover the inspection costs, the Developer will be required to deposit additional funds with the City to cover the estimated overage. C. As-Built Improvement Plan - Upon completion of the required public improvements, the City inspector shall prepare a record as-built drawing of the constructed improvements. 17. Electronic Cooies of Required Documents. Before the City will sign the final plat, Developer shall submit to the City, electronic copies of the plat, plan set record drawings and grading plan in an electronic format which is acceptable to the Hastings Engineering Department 18. Prooerty Monuments. Steel monuments shall be placed at all block comers, lot comers, angle points, points of curves in streets and at intermediate points as shown on the Pinal Plat. Such installation shall be the developer's expense and responsibility. All U.S., state, county, or other official benchmarks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position. The Developer shall replace all monuments displaced, damaged or removed during grading operations. The monuments shall be installed after the final grading has been completed. The Developer shall provide required certification of installation to the County. A copy ofthis certification shall also be sent to the City. 19. Requirements for a Buildim! Permit. D. No building permits shall be granted on the subject property until such time as a certified copy of the recorded plat has been filed with the City and production of pro oft hat all conditions of plat approval have been met. In a 9 case where the City of Hastings is a party to the platting, a copy of the plat, certified by the City Clerk as true and correct, shall satisfy the requirements of this section. E. No building permits shall be granted on the Subject Property until such time that the Developer provides the City with a certified survey indicating that the entire site as shown on the preliminary and final plats has been graded pursuant to the approved elevations shown on the preliminary and final plats. F. No building permits, except for approved sales models, shall be granted on the Subject Property until the bituminous base course has been constructed, sod behind the curb and gutter installed, and sanitary sewer, water main and storm sewer improvements tested and accepted. 20. Buildim! Permit Submittal Requirements. An original certificate of survey from a licensed surveyor is required for all new development, including expansions of existing buildings. The Building Official may for accessory structures or minor additions (decks, porches, attached garages), waive the Certificate of Survey submittal requirements in favor of an approved site plan indicating the location of existing and proposed structures in relation to lot lines. A. The Certificate of Survey shall reference and be based on an approved grading plan. B. The Certificate of Survey shall include at a minimum the following information: 1. Property boundaries. 10 2. Existing structures. 3. Proposed structures (including driveways). 4. Existing and proposed lot comer elevations. 5. Proposed drainage flow (arrows). 6. Proposed garage floor elevation. 7. Proposed lowest floor elevation. 8. Proposed lowest foundation opening. 9. Proposed top of foundation elevation (front and rear). 10. Proposed finish grade elevations at building comers. 11. Street right-of-way (to centerline). 12. Existing property monuments. 13. Detailed spot elevations for drainage swales based on the approved grading plan. 14. Existing and proposed midpoint elevations on side lot lines. 15. Existing top of curb elevations at the extension of side lot lines and at the midpoint of the lot. 16. On-site sewage treatment system location and potable well location, if applicable. C. Survey benchmarks shall be identified on certificate of survey. D. Field hubs shall be placed onsite by a licensed surveyor to show top of foundation elevation and setbacks. 11 21. Future Construction Alom: South Pointe Drive. Notice is hereby given that future construction of residences along South Pointe Drive may also require additional FEMA review and approvals, including a Conditional Letter of Map Revision (CLOMR) prior to issuance of building permits. 22. Construction ofDrivewavs. All driveways constructed within the Subject Property shall be as depicted on the civil plans to include driveway separation. A copy ofthe civil plans are on file at Hastings City Hall. 23. Surmountable Curbs. Surmountable curbs shall be allowed on the streets in the Subject Property. 24. Erosion Control Plan Requirements (Mav be identified on Certificate of Survev). A. Silt Fence - A silt fence shall be identified on the erosion control plan. The silt fence shall be located along the front yard (3 feet from curb or behind sidewalk), along existing developed yards, and where needed for erosion control as determined by the City's Engineering Department. B. Rock Driveways - A rock driveway shall be identified on the erosion control plan. The rock driveway shall be constructed ofCAl/CA2 Course Aggregate 1-2" rock - 6" deep per MPCA Manual. 25. Successors and Assi1!ns. This agreement shall be binding upon the successors and assigns of the parties hereto and shall run with the land. 26. Recordin1! of A1!reement. An original executed copy ofthis Agreement shall be filed with the Dakota County Recorder's Office, which shall give notice to all subsequent purchasers of the property within the Subject Property of the provisions of this 12 Agreement. All recording fees shall be paid by Developer. 27. RecordinfJ of Final Plat. The final plat ofthe Subject Property, as approved by the City, shall be recorded with the Dakota County Recorder's Office, before any building permit is issued. The final plat for the Subject Property must be submitted for recording with Dakota County within one year of the City Council's approval or that approval is automatically void thereafter. 28. Other Conditions. Nothing in this Development Agreement shall limit or modify in any way the conditions imposed by the Hastings City Council as part of its approval ofthe preliminary plat and final plat ofthe Subj ect Property, which conditions are on file at Hastings City Hall and which are incorporated in full into this Agreement by reference. 29. Miscellaneous. A. It is agreed that any breach ofthe terms ofthis Development Agreement shall be grounds for the denial of any building permit, certificate of occupancy or any other required city approvals with respect to the lot or lots to which the breach directly relates. Developer shall be provided with notice of any breach ofthe terms ofthis Development Agreement in accordance with the notice provision hereafter and shall be provided a period of30 days in which to cure the breach. During this 30 day notice, the City shall be allowed to withhold any required permits, certificates of occupancy or any other City approvals, unless the City is given assurances in an amount and a form deemed appropriate in the sole discretion of the City that the breach will be 13 eliminated. B. If any portion ofthis Development Agreement is held in valid for any reason, that decision shall not affect the validity of the remaining portions of this Development Agreement. C. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Development Agreement. All amendments or waivers to this Development Agreement must be in writing, signed by all parties and approved by written resolution of the city council. D. All parties to the Development Agreement have participated freely in the negotiations and preparation hereof. Accordingly, this Development Agreement shall not be construed more strictly against anyone of the parties as a result hereof. E. Any notice required by this Development Agreement shall be sent to the parties as follows: TO THE CITY: City of Hastings Attn: City Administrator 101 E. Fourth Street Hastings, MN 55033 TO THE DEVELOPER: Siewert Construction Co., Inc. 925 Highway 55, Suite #203 Hastings MN 55033 14 Dated this _ day of ,2007. CITY OF HASTINGS, A MINNESOTA MUNICIPAL CORPORATION By: Paul J. Hicks, Mayor (SEAL) By: Melanie Mesko Lee, Assistant City Administrator/City Clerk Dated this _ day of ,2007. SIEWERT CONSTRUCTION CO., INC. By: Its: ADVANCED HOMES OF HASTINGS, INC. A MINNESOTA CORPORATION By: Its: ACKNOWLEDGMENT STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of ,2007 by Paul J. Hicks and Melanie Mesko Lee the Mayor and Assistant City Administrator/City Clerk of the City of Hastings, Hastings, Minnesota. NOTARY PUBLIC 15 ACKNOWLEDGMENT STATE OF MINNESOTA) ) SS. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of ,2007 by the of Siewert Construction Co.. Inc. NOTARY PUBLIC ACKNOWLEDGMENT STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of ,2007 by the of Advanced Homes of Hastings. Inc. NOT ARY PUBLIC THIS INSTRUMENT DRAFTED BY: FLUEGEL & MOYNIHAN P.A. 1303 South Frontage Road, Suite #5 Hastings, MN 55033 651-438-9777 (SMM/ham) 16 EXHIBIT A OUTSTANDING ISSUES - RIVERWOOD 7TH ADDITION GRADING, DRAINAGE, AND EROSION CONTROL PLAN WITHIN RIVERWOOD 9TH ADDITION 1) Protect EOF swales per plan. 2) Construct rip rap overflow weirs on Pond G and Pond H. 3) Install bicycle trail corrugated metal pipe culverts and complete site grading upstream of culverts along the trail extending from 31 st Street to South Pointe Drive. 4) Install ditch checks, repair erosion, clean up deltas, and install Enka-Mat on the Temporary channel west of Pond H, 5) Adjust previously installed trash guards to city specifications. All references in this Exhibit A are found in the Riverwood ih Addition Grading, Drainage and Erosion Control Plan on file at Hastings City Hall.