HomeMy WebLinkAbout[06] Jasmine Court Council Agenda Item 6
MEETING DATE: October 5, 2015
AGENDA ITEM: Jasmine Court—Requested Action: Consider Preliminary Plat, Final
Flat,Variance Request, Developers Agreement
SUBMITTED BY: Engineering/Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission
conducted a public hearing on August 10, 2015 for the preliminary plat and variance request. The only
public comment was from Cory Ehlert, partner of CLC Partners,to describe the plans. The Planning
Commission recommended approval of preliminary plat contingent upon meeting city engineer
requirements. The Planning Commission also recommended acceptance of the Findings of Fact,
granting a variance to CLC Partners, reducing the wetland setback to twenty feet on the said lots.
PREVIOUS COUNCIL ACTION: City Council agreed to amend the Northland Heights Developers
Agreement with Lumber One relieving Lumber One from construction of the Jasmine Lane connection.
Lumber One agreed to a one-time contribution of$75,000 to construct the road. The City will be
responsible for easement costs and for some stormwater costs not to exceed $42,000.
BACKGROUND INFORMATION: Enclosed is the information reviewed by the Planning
Commission regarding the Jasmine Court development. The history of the development is also included.
CLC Partners LLC purchased the undeveloped Armaline Rothfork property to plat and develop the area.
The City Engineer received updated plans since the Planning Commission meeting. The City Engineer
comments are enclosed. There remains outstanding issues. The issues would not prohibit the City
Council from approving contingent upon the resolution of all outstanding items.
A second issue before the Council is a variance for three lots reducing the setback from the wetlands.
The application indicates the developer was following the plan submitted by the City in 2005, but that
was conceptual in nature and engineering was not completed for that plan. The Council will need to
determine the merits of the variance and adopt the findings of fact.
Finally,the draft Developers Agreement for Jasmine Court is enclosed. Staff provided the draft
agreement to CLC Partners for review. CLC Partners have not submitted comments to review.
BUDGET/FISCAL IMPACT: Developable Lot Values, WAC/SAC/Park Fees
ATTACHMENTS: Request for Council Action—Jasmine Court
Developers Agreement
City Engineer Comments, October 2, 2015
Extract—August 10, 2015 Planning Commission minutes
Public Hearing Notice—August 10, 2015 Meeting
Planning Commission Agenda Item 6—Jasmine Plat
Application for Variance
Variance Findings of Fact—Planning Commission
Variance Findings of Fact—City Council
Application for Subdivision Review
Jasmine Plat and Construction Plans
City Engineer Comments, August 4, 2015
REQUESTED COUNCIL ACTION: Consider approval of preliminary and final plat; variance request
stating the findings of fact, and developers agreement.
CITY OF ST.JOSEPH
DEVELOPER AGREEMENT
(For Jasmine Court)
THIS AGREEMENT, made and entered into this day of 2015, by and
between CLC Partners, LLC, hereinafter called "Developer", and the City of St. Joseph,
Minnesota,a municipal corporation,hereinafter called the"City".
WITNESSETH:
WHEREAS, the Developer is the Owner of certain Real Property known as Jasmine Court,
which is legally described on Exhibit A, (hereinafter called the"Property"or"Development"or
"Development Property")attached hereto and made part hereof;and
WHEREAS, the purpose of this Developer Agreement for the Jasmine Court development
project is to set forth the rights and duties of the City and Developer regarding the improvements
required for the Jasmine Court Development;and
WHEREAS, the Developer has submitted to the City for approval the final plat for Jasmine
Court;and
WHEREAS,the City's Code of Ordinances allows the City to require a Development Agreement
to provide for inspection and review during the construction of the Project;
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS
HEREBY AGREED AS FOLLOWS:
1.0 REQUEST FOR AND CONDITIONS OF THE DEVELOPMENT PLAN
APPROVAL AND PLAT APPROVAL
1.1 Request for Development Plan Approval and Plat Approval: The Developer has
asked the City to grant final approval of the Development Plan for the Project to be
1
constructed on the Property and to grant final approval of a plat which will be
called Jasmine Court.
1.2 Conditions of Development Plan Approval and Plat Approval: The City, after
requisite notice and hearing, has granted final approval of the Development Plan
and final approval of the Plat subject to the terms and conditions of this agreement.
2.0 RIGHT TO PROCEED
The Developer may not grade or otherwise disturb the earth, remove trees, construct
sewer lines, water lines, streets, utilities, public or private improvements, or any
buildings, until all the following conditions have been satisfied: (1) this Agreement has
been fiilly executed by both parties and filed with the City Administrator;(2)the required
security for performance of the Developer's obligations have been received by the City;
(3) the City has issued a letter that all conditions have been satisfied and that the
Developer may proceed, which letter will not be unreasonably withheld or delayed; and
(4) the Plat and this Agreement have been recorded with the Stearns County Recorder's
Office.
3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS.
3.1 Improvements. The Developer agrees to construct those improvements itemized
below,(hereinafter known as the"Improvements"):
Check all that apply:
X Water Main
X Storm sewer
X Holding Ponds—must be graded to plan approved by City Engineer`
X Concrete Curb and Gutter
X Sanitary Sewer
Sidewalks/Trails
X Street Signs
X Regulatory and Warning Signs
Turning and Bypass Lanes
X Wetland Mitigation
X Erosion Control
X Street Lighting
X Private Utilities—to include:gas,telephone,electric and cable
The Improvements itemized above shall include all necessary appurtenant items
of work as determined by the City.
The improvements noted above are public improvements: water main, storm
sewer, holding ponds, concrete curb and gutter, sanitary sewer, bituminous
2
streets, street signs, regulatory and warning signs, erosion control, and street
lighting. Public improvements shall be dedicated to the City as provided in
paragraph 3.15 of this Agreement.
The following improvements are private improvements: wetland mitigation,and
private utilities. Private improvements shall remain tinder the control and
maintenance of the Developer,its heirs and assigns.
3.2 Project Specific Requirements for Developer.
(a) Upon recording of the plat,the City shall pay the Developer$ 19,844.00 for
the public dedication of the Jasmine Lane right of way.
(b) Upon submittal of a pay application detailing incurred storm water
collection and treatment construction cost and City acceptance of the
infrastructure improvements,the City shall rehilburse the Developer tip to $
22,222.00 for storm water related infrastructure costs. All pay applications
must be approved by the City Engineer.
(c) Upon submittal of a pay application detailing street construction costs for
Jasmine Lane and City acceptance of the infrastructure improvements, the
City shall reimburse the developer up to $ 75,000.00. All pay applications
must be approved by the City Engineer.
(d) Lots 1 Block 1;Lots 3,4,&7 Block 2 Jasmine Court shall only be required
to have 20 foot setback from the wetland. The Developer will work with
the builders on these lots to assure"best practices"in managing storm water
on each lot and implement water management plan wherever deemed
necessary.
3.3 Completion Deadlines. The Developer agrees to proceed with said Improvements
entirely at its expense, and to complete said improvements by November 15,
2015, except for final wear course which shall be completed pursuant to the
following schedule. If the utilities (water main, sanitary sewer, and storm sewer)
are completed by December 1, 2015, then the final wear course must be laid by
September 15, 2016. If the utilities are not completed by December 1,2015,then
the final wear course must be installed on or after June 15, 2017, and before
September 15, 2017. Under no circumstances can the final wear course be
installed until they are subjected to one annual freeze/thaw cycle.
3.4 Engineering Services. The Developer will retain an engineer satisfactory to the
City to prepare complete construction Plans and Specifications for The
Improvements. The Developer shall make his engineer aware of the provisions in
this Agreement.The Developer's engineer shall:
3
(a) Arrange for soil borings in accordance with Exhibit B and/or such other
subsurface investigations as the City may require.
(b) Prepare construction plans,specifications,and estimate in accordance with
Exhibit B.
(c) Secure all necessary permits including those required by the Minnesota
Pollution Control Agency, the Minnesota Department of Health, the
Department of Natural Resources, Stearns County, , or any other
regulatory agency that has jurisdiction.
(d) Submit items one (1) through eight (8) on Exhibit "C" for review and
approval by City Engineer prior to beginning any construction in the
development.
(e) Complete an Environmental Assessment Phase I, if necessary and any
other related environmental documents, reports, or studies as may
reasonably be required by the City.
(f) Provide all necessary construction staking and related survey work.
(g) Provide construction administrative services on behalf of the Developer,
including the following: review shop drawings, coordinate construction
staking, monitor permit requirements, monitor site grading and erosion
control work designated as developer's responsibility in Exhibit `°D",
process applications for payment, prepare change orders, monitor
completion dates, coordinate field issues with Contractor and Developer,
participate in final inspection. Prepare operation and maintenance
manuals in accordance with Exhibit`B". Submit items nine (9) and ten
(10)on Exhibit"C"in a timely manner during construction.
(h) Prepare record drawings. Submit item eleven(11)on Exhibit"C"to the
City Engineer within 30 days of receiving field measurements from the
City's on-site representative. Record drawings shall include locational
measurements to all water and sewer mains, manholes, valves, catch
basins, and sewer/water services. Developer will submit evidence of site
grading, to include conformance of house pad elevations with the grading
plan.Deliverables shall include an Adobe PDF of the record drawings and
an Autodesk AutoCAD filets) containing the final plat, and the record
geometrics and base mapping for the street and utility infrastructure.
(i) Prepare and submit such other documentation as the City may require.
3.5 The City Engineer shall:
4
(a) Provide such City project standards, including special details, insurance
requirements and specifications,as the City may require.
(b) Review and accept Plans and Specifications.
(c) Provide a City Representative as a resident project representative (RPR)
for public improvement construction observation throughout the
construction period.
(d) Assist the Developer's engineer in collecting field information for use in
preparing record drawings for the publicly-dedicated improvements.
(e) Conduct a final inspection and review final construction documentation.
(f) Recommend Acceptance of Improvements to the City.
3.6 Cost Escrow. The Developer shall bear the cost of the above noted City
Engineering Services, consultant services, City Attorney services, and City
Administrator costs and shall,upon execution of this Agreement,place in escrow
with the City cash or irrevocable letter of credit in the amount of $15,000.001 commented[gsl]:while it could be lower,we will
which shall be applied to the payment of the cost of said services. Should the refund an overage. we agree that it is a small project.
escrowed amount exceed the cost to the City, the City shall return to the
Developer all unused funds, including accumulated interest. Should the expense
to the City exceed the above amount, the City will notify the Developer of
additional amounts to be paid into the escrow account. The Developer shall fund
the escrow account in the amount requested by the City within 15 days after
notice. No building permits shall be issued until the escrow account is funded as
requested by the City.
The Developer shall pay a reasonable fee for in-house administration of the
development by the City staff and the City's consulting professionals to include
but not be limited to engineers, planners and attorneys. City administration will
include monitoring of construction observation, consultation with Developer and
his engineer on the status of or problems regarding the project, coordination for
final inspection and acceptance,project monitoring during the warranty period,and
processing of requests of reduction in security. The Developer shall pay for
construction monitoring performed by the City's consulting professionals at their
customary hourly rates. Construction monitoring shall include part- or full time
observation of proposed public utilities and street construction by the City
Engineer.
3.7 City as Third Party Beneficiary. The City shall not have any direct contractual
relationship with the Contractor,but shall be considered a third party beneficiary
to the contract entered between the Developer and the Contractor. The City shall
not be liable to the Contractor for the Developer's breach of a duty to the
Contractor.
5
3.8 Easements. The Developer shall make available to the City,at no cost to the City,
all permanent and temporary easements necessary for installation and
maintenance of the Improvements.
3.9 Insurance. The Developer shall provide evidence of Comprehensive General
Liability and Broad Form Property Damage Insurance including contractual
coverage in the amount of at least $1,000,000 per occurrence and $1,000,000
aggregate and excess or umbrella coverage of $1,000,000 per occurrence and
$2,000,000 aggregate. The Contractor shall be required to carry a broad form
Property Damage Endorsement or similar thereto for Explosion, Collapse, and
Underground (XCU) general liability insurance coverage. The City and City
Engineer shall be named as an additional insured on such policy by endorsement.
The Developer's insurance certificate shall be in a form approved by the City, and
shall be delivered to the City at least three days prior to the commencement of any
work on the Improvements. Such insurance shall remain in full force and effect
through the end of the warranty period described in Section 3.12.
The Developer shall cause each person with whom Developer contracts for the
construction and installation of any Improvements to provide evidence of
insurance. Said coverage shall include Contractor's General Liability,
Owner/Engineer Protective Liability, Automobile Liability, Contractual Liability,
and Worker's Compensation coverage. The Developer, or each person with
whom the Developer contracts shall obtain excess or umbrella liability coverage
of$1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. The City
and the City Engineer shall be named as an additional insured on such policy by
endorsement.
The Developer shall provide builder's risk insurance if there are any structures to
be constructed as part of the development(lift stations,pump houses, etc.). All
insurance coverage shall be provided in accordance with City specifications.
3.10 Performance Security. Prior to the actual construction of the Improvements
pledged to be constructed by the Developer, then in that event, the Developer
shall post with the City a bond, irrevocable letter of credit or dedicated escrow
account (the "Security") in the estimated amount of 1.25 Mimes the Engineer's commented[gs2]:This is the standard in all City
Estimate of the likely costs of such improvements, conditioned upon the faithfiil Development Agreements and the same that is used in other
construction of the improvements according to the Plans and Specifications, and communities.
final approval of the City Engineer, and the terms of this Development
Agreement. As the improvements are partially completed, the Developer may
request the City to release a portion of the Security representing the cost of the
completed improvements as determined by the City Engineer, but at all times
there shall be Security in an amount of at least 125% of the estimated cost of the
unfinished improvements. If the construction contracts are under the control of
one Prime Contractor,the Prime Contractor may provide the performance security
required by this section.
6
3.11 Labor and Materialman's Bond. Upon execution of this Agreement, the
Developer shall also provide the City with a labor and materialman's bond,
guaranteeing the payment of all workmen performing labor or services, and all
supplies or materialmen providing materials for the Improvements. This bond
shall not be released until the Developer has provided the City Engineer with
proof of payment of all laborers and materialmen in the form of release, signed
receipts, or lien waivers. If the Developer contracts with a single Prime
Contractor, and all construction contracts are tinder control of the Prime
Contractor, the Prime Contractor may provide the laborer and materialmen bond
required by this section as long as the Prime Contractor agrees to waive any lien
rights for the labor and/or material provided by the Prime Contractor.
3.12 Warranty Bond. The Developer shall fully and faithfully comply with all the
terms of any and all Contracts entered into by the Developer for the installation
and construction of all The Improvements and hereby warrants and guarantees the
workmanship and materials for a period of two years following the City's final
acceptance of the Improvements. In addition to the Security required by Section
3.10 herein, the Developer hereby warrants and shall post a warranty bond,
warranting the condition of the materials and workmanship of the improvements
for a period of two years following the City's final acceptance of the
Improvements. If any claims are made in writing within the warranty period, the
bond shall not be released until such claims are resolved.
3.13 Completion Date and Inspection. The work the Developer is to perform tinder
this Agreement must be done and performed by Developer in a good and
workmanlike manner and completed by the date set in paragraph 3.3 of this
Agreement. The storm sewer, water and sewer mains, roadways, and all other
improvements called for in the Plans and Specifications will be subject to the
inspection and approval of the City and the City Engineer, and in case any
material or labor supplied shall be rejected by the City or the City Engineer, as
defective or unsuitable,then such rejected material or labor shall be removed and
replaced with approved material or labor, to the satisfaction and approval of the
City,entirely at the cost and expense of the Developer.
3.14 Damage to City Infrastructure. Developer shall promptly repair, at the
Developer's expense, any damage to the City's existing infrastructure. Repairs
shall be to original condition or better.
3.15 Dedication of Utilities and Roadways. Developer will dedicate to the City, after
their completion, all water and sanitary sewer mains, storm sewer mains, storm
sewer, roadways and other structures located in the right-of-ways on the
Development Property shown in the Plans and Specifications. Developer will
provide to the City any and all necessary easements and/or dedications or deeding
to ensure that the City has the ability to maintain, repair, replace or modify the
7
sewer and water mains, storm sewers, and holding and sedimentation ponds
located on the Development Property.
4.0 PHASED DEVELOPMENT
If the development and improvements which are the subject of this Agreement are a portion of a
multi-phased preliminary plat,the City may refiise to approve final plats of subsequent phases if
the Developer has breached this Agreement and the breach has not been remedied. Development
of subsequent phases may not proceed until Development Agreements for such phases are
approved by the City.
5.0 CHANGES IN OFFICIAL LAND USE CONTROLS
For two(2)years from the date of this Agreement,no amendments to the City's Comprehensive
Plan or official land use controls shall affect the use, development density, lot size,lot layout, or
dedications of the development which is a part of this Agreement unless required by State for
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 and Federal law,
the City may require compliance with any amendments to the City's Comprehensive Plan,
official controls and platting or dedication requirements enacted after the date of this Agreement.
6.0 GENERAL TERMS AND CONDITIONS
6.1 Attorney. The Developer agrees to pay the City reasonable attorney's fees,
to be fixed by the Court,in the event that suit or action is brought to enforce the
terms of this Agreement.
6.2 Proof of Title. The Developer hereby warrants and represents to the City, as
inducement to the City's entering into this Agreement, that Developer's interest
in the Development is fee owner. Prior to execution of this Agreement, the
Developer shall provide the City with a title opinion prepared by a licensed
attorney and directed to the City stating the condition of title of the property, or
other proof of title acceptable to the City.
6.3 Binding Effect on Parties and Successors. The terms and provisions of this
Agreement shall be binding upon and accrue to the benefit of the heirs,
representatives, successors and assigns of the parties hereto and shall be binding
upon all future owners of all or any part of the Development and shall be
deemed covenants ninning with the land. Reference herein to Developer, if
there be more than one, shall mean each and all of them. This Agreement,at the
option of the City, shall be placed on record so as to give notice hereof to
subsequent purchasers and encumbrances of all or any part of the Development
and all recording fees shall be paid by the Developer.
8
6.4 Notice. Any notices permitted or required to be given or made pursuant to this
Agreement shall be delivered personally or mailed by United States mail to the
addresses set forth in this paragraph, by certified or registered mail. Such
notices, demand or payment shall be deemed timely given or made when
delivered personally or deposited in the United States mail in accordance with
the above. Addresses of the parties hereto are as follows:
If to the City at: City Clerk/Administrator
City of St.Joseph,P.O.Box 668,
St.Joseph,MN 56374
If to the Developer at: CLC Partners,LLC
Attn: Cory Ehlert
7939 Ridgewood Road
St.Joseph,MN 56374
6.5 Acceptance and Ownership of Improvements. The City will accept said public
improvements or portions thereof, upon recommendation by the City Engineer
that, to the best of his knowledge and belief, the improvements have been
completed in conformance with the terms of this Development Agreement and
all documents incorporated herein by reference. Upon completion of the work
and construction required by this Agreement and final approval and acceptance
by the City, the public improvements lying within public easements and/or
public right-of-way in the development shall become City property without
further notice or action.
6.6 Incorporation of Documents by Reference. All general and special conditions,
plans, special provisions, proposals, specifications and contracts for the
improvements fiirnished and let pursuant to this Agreement shall be and hereby
are made a part of this Agreement by reference as if fully set out herein in full.
6.7 Indemnification. The City and its officers, agents and employees shall not be
personally liable or responsible in any manner to the Developer, contractor or
subcontractors, materiahnen, laborers, or to any other person or persons
whomsoever,for any claims,demands,damages,actions,or causes any action of
any kind or character whatsoever arising out of or by reason of the execution of
this Agreement, or the design,performance, and completion of the work and the
improvements to be provided by Developer pursuant to this Agreement. The
Developer shall hold the City and City Engineer harmless from claims by third
parties, including but not limited to other property owners, contractors,
subcontractors and materiahnen, for damages sustained or costs incurred
resulting from plat approval and the development of the Property. The
Developer shall indemnify the City for all costs, damages or expenses,including
engineering and attorney's fees,which the City may pay or incur in consequence
of such claims by third parties.
9
6.8 License to Enter Land. The Developer hereby grants the City, its agents,
employees, officers and contractors a license to enter the Property to perform all
work and/or inspections deemed appropriate by the City during the development
of the Property.
6.9 Streets.
(a) During any period of spring weight restrictions, when the streets within
the Development have the first lift of pavement, but prior to final
acceptance of the improvements by the City, the Developer shall post
signage at each entrance to the Property as notice restricting access to
vehicles with an axle weight of seven tons or less.
(b) The Developer shall promptly clean any soil, earth or debris from streets
in or near the Development resulting from construction work by the
Developer or its agents or assigns as often as necessary and as directed by
the City for public safety and convenience. In the event the Developer
fails to clean the streets within 48 hours of the direction of the City, the
City may undertake the work and seek reimbursement from the security
provided by the Developer as set forth in paragraph 3.10 of this
Agreement, or alternatively, assess the cost against property owned by the
Developer within the City.
(c) Any damage to existing City streets due to construction activities within
the development shall be repaired to the satisfaction of the City at the
Developer's expense.
6.10 Erosion Control. The Developer shall comply with all requirements of the
"General Storm Water Permit for Construction Activity"issued by the Minnesota
Pollution Control Agency for construction activities and with the tasks on Exhibit
"D"designated as the Developer's responsibility. In addition,the City may
impose additional erosion control requirements if in the opinion of the City
Engineer such requirements are necessary to retain soil and prevent siltation of
streams,ponds,lakes,or other adjacent properties,or of City utility systems. The
Developer shall comply with the erosion control plans and with any such
additional instruction it receives from the City. All areas disturbed by the
excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Seed shall include rye grass or other fast
growing seed to provide a temporary ground cover as rapidly as possible. All
seeded areas shall be mulched and disc-anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling erosion.
6.11 Site Grading.
10
(a) Site grading shall meet all of the requirements set forth in the City's
Development Manual, and in the General Storm Water Permit for
construction.
(b) When the site grading has been completed:
1. The Developer shall verify by field survey that the site grading has been
completed in accordance with the accepted grading plan submitted with
the preliminary plat documents, as modified by the construction plans.
The Developer shall submit the record site grading plan to the City for
approval within thirty (30) days of completion of the construction and
before the issuance of a building permit.
2. Elevations shall be taken on all lot corners, all buildings pads, and on
drainage breaks, ponding sites, ditches, and swales. Arrows shall show
how the lot is to drain.
3. The approved site grading plan shall become the Development Plan.
4. The Developer shall make the Development Plan that identifies the
proposed structure/foundation style available to subsequent owners of the
lots purchased from the Developer, and to their builders. Upon
completion of the final lot grading by the lot owner, elevations shall
closely match those set forth on the Development Plan.
6.12 Certificate of Compliance. This Agreement shall remain in effect until such time
as Developer shall have fiully performed all of its duties and obligations under this
Agreement. Upon the written request of the Developer and upon the adoption of a
resolution by the City Council finding that the Developer has fully complied with
all the terms of this Agreement and finding that the Developer has completed
performance of all Developer's duties mandated by this Agreement, the City shall
issue to the Developer on behalf of the City an appropriate certificate of
compliance. The Acceptance of the Improvements contracted in accordance
herewith by the City does not constitute a certificate of compliance and does not
release the Developer from ongoing duties or responsibilities arising under this
contract. The issuance of a Certificate of Compliance does not release the
Developer or any Surety from warranty responsibilities arising under Section 3.12
herein.
6.13 Public Land Contribution. The Developer shall contribute�$ 9,140.00 to the City Commented[gs3]:We did talk about this but ended up
Park Fund in lieu of a dedication of land for parks. The Part Dedication fee must thisproviding astorm Water would
to g to also talked about if
1 this was a request it would have to go to the Park Board. I
be paid at the time of execution of the Development Agreement. don't think that they Will agree to Waive the fee given the
City is already contributing$42,000.
6.14 Time of Performance. The Developer shall install all required improvements for i Commented[gs4]:We have not talked about providing
the Development prior to the issuance of building permits by the City, with the for see
which
lot
are ore
improvements,we would need
to see which lot you are looking at. Will consider,but need
exception of the final wear course of asphalt on streets. The wear course on more information
11
streets shall be installed between June 15 and September 15 the first summer after
the base layer of asphalt has been in place one freeze-thaw cycle and subject to
the time requirements in Section 3.3 of this Agreement. The Developer may,
however,request an extension of time from the City. If any extension is granted,
it shall be conditioned upon updating the security posted by the Developer to
reflect cost increases and the extended completion date. Final wear course
placement outside of this timeframe must have the written approval of the City
Engineer.
6.15 Ponds.
(a) Dedication of Pond Areas. The Developer will dedicate to the City as an
outlot the property shown for storm water or sedimentation holding pond
purposes on the Preliminary Plat and/or as required by the Plans and
Specifications. Developer will dedicate the drainage and storm sewer
utility easements shown on the Preliminary Plat and/or as required by the
Plans and Specifications. The Developer agrees that all holding and
sedimentation ponds and drainage easements as shown on the Preliminary
Plat or as required by the Plans and Specifications are required for the
development of the Development Property.
(b) Cleaning of Ponds. At such time as the City Director of Public Works
determines that construction on the Development Property has been
sufficiently completed so as not to cause significant erosion which will
contaminate the holding ponds servicing the Development Property, commented[gss]:1 think the language already aaaresses
Developer will clean/dredge all holding ponds and storm water pipes on your concern about construction material.
the Property. In the event the ponds require cleaning/dredging prior to the
completion of all such construction, the City Director of Public Works
may request that the Developer complete more than one cleaning of the
holding ponds.
(c) Security Deposit. To insure that holding ponds serving the Development
Property are cleaned, and to insure that the Development is properly
cleaned pursuant to Section 6.9 and 6.10),the Developer will deposit with
the City $5,000.00 (which shall be placed in an interest bearing account commented[gs6]:we have charged this additionally to
with interest accruing to the benefit of the Developer)or provide the City make sure that the costs are covered. Again we will refund
with an irrevocable letter of credit in form and substance acceptable to the this as soon as possible_
City. Said deposit will be refifnded to Developer (or the letter of credit
released) upon satisfactory cleaning of holding ponds and streets on the
Development Property. The City Engineer may release portions of said
deposit as ponds and streets are cleaned. Developer is responsible for all
permits relating to cleaning and dredging of ponds, including permits
required by the Department of Natural Resources and the Army Corps of
Engineers.
12
(d) Buffer Area Adjacent to Ponds. All ponds servicing the Development
Property whether such ponds are located on City owned property,
easements running in favor of the City or on private property must
maintain a minimum of an 20 foot natural buffer from the high water
mark. Notwithstanding the above, one access to each pond may be created
by the City in a location determined by the City in its sole discretion.
Developer shall be responsible for the cost of signage around said buffer
areas indicating that the buffer is part of a wetland restoration project
which may not be distributed without the written permission of the City.
Said signs shall be posted in locations reasonably determined by the City.
6.16 Storm Water. The Developer shall pay for storm water and drainage
improvements on the current development phase the greater of either(a)$.20 per
square foot of the "Net Developable property", or(b)the actual cost(labor and
materials) plus related engineering cost for storm water improvements. "Net
Developable Property"is defined as the gross land area minus street right-of-way
and other land area dedicated to the public. The Developer shall pay
$ based upon Net Developable Property of square �_.� Commented[gs7]:Even though the City is contributing to
feet. "Storm Water Improvements" are defined as all storm sewer pipe, catch the cost,We stili need to make the calculation. The city has
basins, manholes, ri ra , and holding ponds installed b the Developer's only ed to be used
the fee as most often the costs that are
p p g p y p allowed to be used for offset,exceed the fee. Lets do the
Contractor.If the Developer does not expend at least$.20 per square foot of Net calculation and see Where We are at.
Developable Property on storm water improvements, Developer shall remit the
difference between the amount actually spent on storm water improvements and
the $.20 per square foot to the City. This cost differential will be used for
downstream storm water improvement costs which may have been, or will be,
incurred by the City. Developer shall provide the City with a schedule of values
for storm sewer improvements when the project is substantially compete. Upon
approval by the City of the schedule of values,the City will invoice the Developer
for the amount due. Payment is due within two weeks of the date of the invoice.
6.17 Monuments. Developer may place, at Developer's sole cost and expense,
identification monuments on the entrances to the Development Property pursuant
to City Ordinance regulations. The location and type of monuments must be
approved by the City Engineer prior to installation. Prior to installation of any
monuments on the Development Property, Developer must create an association
to maintain said monuments. The association documents must be approved by the
City's attorney and originals provided to the City's attorney for recording against
the Development Property.
6.18 Reimbursement of City's Costs. The Developer shall rehilburse the City for all
costs, including all reasonable engineering, legal, planning and administrative
expenses, incurred by the City in connection with all maters relating to the
negotiation, administration and enforcement of this Agreement and its
performance by the Developer. Developer shall also reimburse the City for any
add-to-construction costs related to the installation of street lighting or private
utilities within the Development. Developer shall also be responsible for the cost
13
of acquiring and installing street signage consistent with that used in other recent
developments within the City. Such reimbursement shall be made within 14 days
of the date of mailing the City's notice of costs. If such reimbursement is not
made, the City may place a hold on all construction or other work related to the
Development, or refuse the issuance of building permits until all costs are paid in
fiill. The City may further declare a default and collect its costs from the security
deposited in accordance with Section 3.10 of this Agreement.
6.19 Renewal of Security. If any escrow account or bond deposited with the City in
accordance with this Agreement shall have an expiration date prior to the
Developer's obligations hereunder being complete, the Developer shall renew
such security or deposit substitute security of equal value meeting the approval of
the City at least thirty(30) days prior to the expiration of such security.Failure to
post such alternate security or renew such security shall constitute a default and
the City may place a moratorium on all construction or other work related to the
Development, refuse the issuance of building permits, and declare the entire
amount thereof due and payable to the City in cash. Such cash shall thereafter be
held by the City as a security deposit in the same manner as the security
theretofore held by the City.
6.20 Platting. Developer must include all of the Development Property in the final plat
of the first phase of the development, with f ittire phases of the development
platted as Outlots. The final plat must be recorded prior to the City or Developer
initiating the installation of public and private improvements on the Development
Property.
6.21 Utility Location. Developer agrees that all utilities within the Development will
be installed underground,including without limitations electrical,telephone,cable
television and natural gas. Developer may receive an exemption from this
requirement if Developer demonstrates to the City Engineer that underground
utilities would not be physically possible. Any exemption shall be limited to the
minimal area necessary.
6.22 Plat Dedication. Upon approval and execution of this Agreement, the City shall
approve the final plat provided it otherwise meets the requirements of the City's
Ordinance governing Subdivisions. If the Plat contains the dedication of an
easement, the use of property within the area of an easement is specifically
restricted by prohibiting the construction of any structure or fence,planting trees
or shrubs, or storing of personal property within the area of the easement which
could delay, restrict or impede access within the easement area by a person or
vehicle.
6.23 'Street Lighting and Si2nag�e. Developer shall be responsible for the cost of commented[gsa]:Agreed that two lights will be
purchase and installation of street lights and street signs. Developer will name all required. we have already communicated this with Stearns
streets within the Development in accord with City Ordinance regulations. The Electric_
14
improvement shall not be accepted until installation of street lights and street
signs is completed.
6.24 Wetlands. Developer shall take the following precautions to protect any wetlands
within the Property, as that term is defined in Minnesota Statute Section
1038.005, Subd. 19;
(a) Upon completion of the site grading, place signs on any lots containing
wetlands or drainage easement providing notice of the location of the
wetland or drainage easement. The signs shall be in a form and size as
prescribed by the City and available for purchase through the City
Administrator/Clerk's office. The location and number of signs for each
lot shall be as required by the City Engineer.
(b) Prohibit filling of wetlands so long as Developer is the owner of the
affected lot.
(c) Developer will, simultaneous with recording of the initial plat for the
Development Property, provide an easement and development restriction
to the City protecting the wetlands areas located within lots shown on the
Preliminary Plat. Said easement and development restriction shall be
drafted by the City Attorney and must provide that the wetlands located on
the lots shown on the Preliminary Plat may not be filled or distributed
without the permission of the City, which it may deny in its sole
discretion, and any other applicable agency. Developer will provide signs
on the Development Property indicating the location of the protected
wetlands. All signs and locations must be approved by the City prior to
installation.
(d) Notwithstanding anything in this Agreement to the contrary, the
Developer shall be responsible for all wetland mitigation which is required
for construction of any of the public and private improvements, and
Developer shall be responsible for all wetland mitigation which may be
required because of work done by or under the direction of the Developer
in the areas designated as future park. Developer will complete and pay
for all permitting costs, including monitoring as required by the permit,
credit purchases, and/or other mitigation costs which may be involved.
The City may, however, take action to minimize charges or costs to the
City in the event the Developer fails to obtain all permits and complete all
mitigation which may be necessary for the construction of the public and
private improvements and/or work in fiiture parklands.
6.25 SAC/WAC and Trunk Charges.
(a) Water and Sewer Connection Charges. The Development is subject to
water and sewer access charges in accordance with the adopted fee
15
schedule and Ordinance 404. The water and sewer access charges are paid
at the time of building permit issuance.
(b) Trunk Sewer Charge. The Development is part of the Northland Trunk
Sewer System and each lot shall be subject to the Northland Truck sewer
charge which is payable at the time of building permit issuance.
6.26 Plowing Snow during winter carry-over. The Developer shall allow one winter
to pass after the bituminous base course has been placed before constructing the
bituminous wear course. The wear course will typically be placed near the end
of the construction season following winter carry-over.The city will plow those
streets necessary for reasonable access to lots where building permits have been
issued provided the following conditions have been met:
(a) The Developer is current on all requirements in this Developer Agreement.
(b) The "as-built" drawings have been completed and submitted and all
grading anderosion control items are current.
(c) Private utilities have been installed.
(d) All sanitary sewer and water main items have been tested and approved.
(e) Storm sewer, concrete curb and gutter and bituminous base course have
been constructed to project specifications.
(f) All signage is in place.
(g) All valve box and manhole castings have been set below the surface of the
bituminous base course and are accessible (castings will be adjusted
with risers before placing the bituminous wear course).
Any damage to the curb and gutter or other improvements due to snow plowing
operations will be repaired by the Developer before placing the final wear
course. The Developer will remove any snow banks or piles that havecommented[gs9]:This again is a standard provision,in
accumulated due to snow plowing operations that restrict access to building one other agreement the developer agreed to remove the
sites. Snow plowing in new developments will typically be scheduled after other snow is pr that n bewouing
not make sense for this piece. 1�n°�
1 g 1 yl y see this provision being released.
existing streets have been plowed.
6.27 Default and Remedies. If Developer fails in any way to perform or observe any
covenant, condition, or obligation contained in this Agreement the City may do
any, all or any combination of the following: (i) halt all further approvals
regarding platting, improvements or issuance of building permits or occupancy
permits relating to the Development Property, (ii) seek injunctive relief, (iii)
terminate this Agreement and all of the obligations contained herein without
16
terminating Developer's obligation to reimburse the City for costs it has incurred
with regard to this Agreement or the Development Property; (iv) draw on or
utilize any fiends or other security which have been provided to the City pursuant
to this Agreement; and/or(v)take any other action at law or in equity which may
be available to the City.
6.28 Assignment. This Agreement may not be assigned by Developer except upon
obtaining the express written consent of the City. Unless expressly released by
the City, Developer shall remain obligated to fulfill the duties required under this
agreement.
6.29 Integration. This Agreement contains all of the understandings and agreements
between the parties. This Agreement may not be amended,changed, or modified
without the express,written consent of the parties hereto.
6.30 Execution in Counterparts. This Agreement may be executed in any number of
counterparts.
6.31 Representation. Jovanovich, Kadlec & Athmann, Ltd. represents the City with
regard to this Agreement. Developer is hereby advised to seek independent legal
advice prior to execution of this Agreement.
Signed and executed by the parties hereto on this day of ,2015.
ATTEST CITY OF ST.JOSEPH
By By
Judy Weyrens Rick Schultz
City Administrator Mayor
DEVELOPER
CLC PARTNERS,LLC.
By
Cory Ehlert
CLC Partners,LLC
Py
Kevin Cox
CLC Partners,LLCJ Commented[gs10]:okay
17
STATE OF MINNESOTA )
)ss
COUNTY OF )
This instrument was acknowledged before me on 2015 by Rick Schultz and
Judy Weyrens, the Mayor and City Administrator respectively, of the City of St. Joseph a
Minnesota municipal corporation,on behalf of said City.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
STATE OF MINNESOTA )
)ss
COUNTY OF )
On this day of 2015,before me,a notary public within and
for said County,personally appeared and
to me personally known,who,being each by me duly sworn,did say that he is a Member of the
company named in the foregoing instrument,and that said instrument was signed on behalf of
said company by authority of its Members and said President acknowledged said instrument to
be the free act and deed of said company.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
THIS DOCUMENT DRAFTED BY:
City of St.Joseph
25 College Avenue North
PO Box 668
St.Joseph,MN 56374
18
EXHIBIT A
LEGAL DESCRIPTION
The proposed development site is legally described as THAT PART OF THE Southwest Quarter of the
Southeast Quarter of Section 3,Township 124 North,Range 29 West,Stearns County,Minnesota,
described as follows:
Beginning at the Northeast corner of the plat of NORTHLAND PLAT EIGHT,according to the
recorder plat,thereof,Stearns County,Minnesota;thence North 89 degrees 24 minutes 30 seconds
East,plat bearing along the easterly extension of the north line of said Northland Plat Eight,said line
also being the south line of the north 10 acres of the Southwest Quarter of the Southeast Quarter of
Section 3,a distance of 583.38 feet,to the northwesterly corner of Jasmine Lane as dedicated on
Northland Heights,according to the recorder plat thereof,Stearns County,Minnesota,thence South
13 degrees 03 Outlot A,thence South 90 degrees 00 minutes 00 seconds West,along the north lines
of Outlot A,said Northland Heights and Outlot A of Northland Plat Six,according to the recorder plat
thereof,Stearns County,Minnesota,a distance of 453.75 feet,to an angle point on the north line of
Outlot A,said Northland Plat Six,thence North 00 degrees 00 minutes 00 seconds West,along the
east line of said Northland Plat Six and Northland Plat Eight,a distance of 552.80 feet,to the point of
beginning.
TOGETHER WITH
That part of Outlot A of NORTHLAND PLAT SIX,according to the recorder plat thereof,Stearns
County,Minnesota,described as follows:
Beginning at the Northeast corner of Lot 4,Block 5 of said NORTHLAND PLAT SIX,thence South 77
degrees 39 minutes 06 seconds West,assumes bearing along the north line of said Lot 4,a distance
of 6.61 feet to the intersection with the southerly extension of the east line of said Outlot A,thence
North 00 degrees 00 minutes 00 seconds East,along said southerly extension,a distance of 87.84
feet to an angle point on the north line of said Outlot A,thence North 00 degrees 00 minutes 00
seconds East,along the north line of said Outlot A,a distance of 330.64 feet to a Northeast corner of
said Outlot A;thence South 00 degrees 00 minutes 00 seconds West,along the east line of said
Outlot A,a distance of 120.00 feet to the Southeast corner of said Outlot A;thence North 84 degrees
05 minutes 13 seconds West,along the south line of said Outlot A,a distance of 325.92 feet to the
Northwest Corner of said Lot 4 and the point of beginning.
19
EXHIBIT B
PLANS AND DRAWINGS
20
EXHIBIT C
CONSTRUCTION DOCUMENT REQUIREMENTS
(1)Soils Analysis
Location map showing boring and piezometer locations
Soil boring logs
R-Values or Soil Factors used for design
Structural recommendations for streets and trails
(2)Engineer's Preliminary Estimate and Final As-Built Costs
Itemized quantities
Unit prices
(3)Construction Plans
Title sheet with general location map and index
Typical Sections for streets,driveways,parking lots,trails,and landscape features
Typical Details for sanitary sewer,water main,storm sewer,sedimentation and holding ponds,
curb gutter and sidewalk,and erosion control items
Complete schedule for sanitary and storm sewer structures
Traffic Management Plan showing how construction traffic will be routed from the
collector/arterial network to the site,phasing plans,detours,and seasonal load restrictions
Grading and Surface Restoration Plan showing excavation/embankment balance,building pad
elevations,hold-downs,house types for each pad,spot elevations at lot corners,overflows,and
other critical areas,drainage arrows showing how all surface water is intended to drain,
provisions for private utility installation,and site access locations
Landscape Plan if shrubs,trees,or other plantings are to be provided
Erosion Control Plan
Striping,Signage,and Street Lighting Plan
Plan and profile sheets for streets and storm sewer,with match lines between sheets,including
temporary cul-de-sacs between phases,and any turning/bypass lane requirements of Stearns
County.
Plan and profile sheets for sanitary sewer and water main,with match lines between sheets,
showing existing conditions and proposed construction,and showing stations for all stubs and
service connections
(4)Construction Specifications/Project Manual
Advertisement/Invitation forbids
Complete bid schedule
Basis of award if alternate bids are called for
Performance and payment bond forms approved by the City
EXHIBIT B(continued)
General Conditions
Special/supplementary provisions including the following:
21
OO Contractor's liability insurance
OO Related work at the site(private utilities,other contractors)
OO Correction period(2-year warranty)
OO Mediation as means for dispute resolution
OO Substantial and final completion dates(allow for holding off on wear course)
OO Ownership/disposition of excess excavation materials
OO Field office
OO Shop drawing and submittals process
OO Laboratory testing requirements including an itemized list of tests to be conducted
OO Soil borings
Storm Water Pollution Prevention Plan(S WPPP)including provisions for dewatering
(5)Operation and Maintenance Manuals
Documents for all mechanical and electrical equipment
(6)Record Drawings
Final modifications to details and typical sections
Final location for all pipes,valves,manholes,catch basins and sewer/water services
Final modifications to pipe sizes and materials
Final elevations for all pipe and structure inverts
CONSTRUCTION DOCUMENT SUBMITTAL
(1) Soils analysis
Two(2)bound copies submitted prior to design
(2) Engineer's Preliminary Estimate
Seven(7)copies with plans and specifications
(3) Construction Plans
Seven(7)reduced scale(11"x17")copies
Two large scale(22"x34")copies
(4) Construction Specifications/Project Manual
Seven(7)bound copies
(5) Completed Bid Forms
Two(2)copies of the actual low bid
Two(2)copies of a complete tabulation of all bids submitted
(6) Contractor's Bond and Insurance
Two(2)copies of the performance bond
Two(2)copies of the payment bond
Two(2)copies of the contractor's insurance certificate
Two copies of the executed agreement between contractor and developer
(7) Permits
22
Two(2)executed copies of all permits
Two(2)executed copies of all storm water permit transfers or modifications
Two(2)executed copies of all storm water permit subdivision registrations(S Two(2)copies
of NPDES Transfer or Termination Form
(8) Schedule
Two(2)copies of contractor's schedule including updates
(9) Shop Drawings and Change Orders
Two(2)copies of shop drawings with final revisions
Two(2)executed copies of all change orders and/or supplemental agreements
(10)Operation and Maintenance Manuals(s Two(2)sets of bound documents
(11)Record Drawings
Two(2)reduced scale(11x17)copies
One(1)electronic copy in autocad or microstation format
(12)Final itemized,as-built,construction costs and quantities for street,stonriwater,sanitary sewer and
watennain improvements.
23
EXHIBIT D
EROSION CONTROL PROCESS
Task Responsible Party Action By
Prepare SWPPP and obtain General Developer(private)or City Developer's Engineer if private
StormWater Pernait from MPGA. (public)proj ect. proj ect,City Engineer if public
project.
Establish erosion/sediment control and mass Developer(private)or City Contractor
grade the site. (public)project.
Place topsoil,seed,mulch except on Developer(private)or City Contractor
boulevards and front yard utility easements. (public)proj ect.
Bring transformer pads to grade.Wait for
private utilities.
After curb and gutter is in,install private Developer. Private Utility companies.
utilities in easement area.
After utilities are in,construct sidewalk. Developer(private)or City Contractor
(public)proj ect.
Place topsoil,seed,and mulch on remaining Developer(private)or City Contractor
disturbed areas. (public)proj ect..
Complete"as-built"survey for all site grading. Developer(private)or City Developer's Engineer if private
This now becomes the"Development Plan" (public)proj ect. proj ect,City Engineer if public
project.
Place silt fence behind curb(or sidewalk) Developer(private)or City Contractor
throughout development. (public)proj ect.
Set Property Irons. Developer Developer's Surveyor
Transfer permit to Developer when City City Engineer
construction is complete.
Sell lot.Issue MPGA homeowner fact sheet, Developer Developer
and make Development Plan and SWPPP
available to Builder.
Submit building permit application.Include Owner Builder
site survey and MPCA"Subdivision
Registration".
Issue building permit. City Building Inspector
Construct 24'wide opening in silt fence at Owner Builder
driveway and place rock entrance.Place
additional silt fence as necessary to keep soil
on lot.
Maintain silt fence and other erosion/sediment Developer,or Owner if Developer,or Builder if sold.
control items. sold.
Sweep streets as required. Developer Developer,or City if agreement to
back charge Developer.
Submit certified lot survey showing final Builder Builder
structures and lot elevations.
24
Issue Certificate of Occupancy. City City
Submit"Notice of Termination"to MPGA Developer Developer
within 30 days of final site stabilization and
removal of all non-builder silt fence and other
erosion/sediment control items.
25
SEH MEMORANDUM
TO: Judy Weyrens
City Administrator
FROM: Randy Sabart, PE
DATE: October 2, 2015
RE: St. Joseph, Minnesota
2015 Jasmine Lane Extension (CLC Partners Development)
Final Plan and Plat Review
SEH No. STJOE GEN D143
I reviewed the final plat and plans dated September 23, 2015, from Westwood Professional Services, and
have the following comments. Reference is also made to our numbered comments from our August 4,
2015 review memo.
Storm Water Hydrology
6. High Water Levels (HWL) for _-4 -4 the wetland to the east
must be identified and labelled on the plan. A minimum of two feet of elevation difference must
exist between the HWL and the lowest structure opening.
a. Per Ordinance Section 54.15, Subd. 1.b.9 (Plat Data Requirements), the "highest known
water level"for bodies of open water shall be defined for the wetland on the east side of
the site.
Overall Site Plan
9. Construction of the proposed street at the east end will impact a wetland along the north side of
the street. As noted on the plan, submit documentation supporting any previous mitigation
permits.
a. The two northern most wetlands identified on the preliminary plat were NOT delineated
during the Northland Heights development in 2005. However, since the proposed
construction of Jasmine Lane was considered in the 2005 Wetland Conservation Act
application and the replacement plan for Northland Heights, there was sufficient wetland
mitigation credit created in 2006 for Steams County to not require further mitigation for
the proposed subdivision. No further action by the developer is required.
10. There is presently no sidewalk in-place on Jasmine Lane on each side of the proposed street
connection. The Planning Commission/Council should identify what pedestrian accommodations,
if any, should be made along the proposed section of street.
Grading and Erosion Control Plan
14. Likely due to the presence of the mature trees, the proposed lots/house pads are not illustrated to
be mass-graded. However, the proposed house foundation style, garage floor and lowest
floor/opening elevations must be identified on the plan.
a. While the developer engineer's response to this comment is that the lots will be custom
graded and the house foundation style, garage floor elevation, and lowest floor openings
are unknown, it's further acknowledgement for the need to establish the criteria common
to the required grading plan submittal. The City's Development Manual establishes the
requirement to furnish a preliminary and final grading plan, and relying on individual
Short Elliott Hendrickson Inc.,1200 25th Avenue South, P.O. Box 1717,St.Cloud, MN 56302-1717
SEH is an equal opportunity employer I www.sehinc.com 1 320.229.4300 1 800.572.0617 1 320.229.4301 fax
2015 Jasmine Lane Extension
October 2, 2015
Page 2
builders to "figure it out"later generally leads to subsequent unforeseen grading and
drainage issues.
15. Additional erosion control Best Management Practices ( MP's} are necessary, particularly along
the wetland on the east side of the plat.
a. Flotation Silt Curtain and silt fence more likely should also be provided on the south side
of Jasmine Lane at the open water wetland than as illustrated on the north side of the
street. If equipment and deliveries will access the site from the east, a rock construction
entrance shall also be provided. Clarify if erosion control blanket and bioroll blanket
systems will be provided on the boulevards.
Utility Plan and Profiles
16. The alignment of the storm sewer between STMH-1 02 and STMH-1 01 shall run more parallel
with the easement and lot line boundaries to avoid disturbance outside of the easement
boundaries. Easement width shall comply with the provisions of Ordinance 54.16 Subd. 5.
a. As proposed, storm sewer at STMH-102 is too close to the easement boundary to permit
future excavation without disturbing private property. Storm sewer excavation will likely
disturb existing property at Lot 2, Block 3; as a courtesy the developer/contractor shall
advise the property owner and restore any disturbance to previous conditions.
17. Additional geotechnical and pavement design information should be submitted. Construction
experience in Northland Heights would indicate the proposed typical pavement section is
insufficient and drain tile will be required.
a. A geotechnical investigation of the site and report was not submitted that would aid
identifying ground water depths and validate the proposed pavement structural section.
While the proposed pavement is consistent with that in Northland Heights, actual site
conditions may warrant adjustments to the pavement section during construction.
Separate, dedicated house foundation sump pump connections are not provided.
New Comments
19. As requested in my 9/23/15 email to the developer's engineer, the proposed Basin 2P overflow
must be directed eastward to the delineated wetland and not northward as drawn. Further, the
Developer proposed to excavate onto the existing Northland Plat 8 lot (Lot 3, Block 2) easement
to create the necessary pond storage to accommodate the new proposed lot. Though a 30 foot
wide public easement exists on the east side of Lot 3, Block 2, the proposal is an expanded use
of the easement that may not be well received by the Lot 3 property owner.
20. In my 9/23/15 email, I requested the developer's engineer to enclose the proposed Basin 2P in a
dedicated outlot to the City per the City's current practice for publicly maintained ponds. The
basin is currently proposed on what will become private property, but within a platted public
drainage and utility easement on the west side of Lot 1, Block 1. The minimum lot area provisions
described in Ordinance 54.16 Subd. 5a are not satisfied even if the pond were to remain within an
easement.
21. It would appear the inlet flow to CBMH 104 will exceed the one inlet per 3 cfs limit defined in the
Development Manual. Provide an additional inlet, preferably to the east of the intersection to
minimize flow across the intersection. Insulate underlying water main in accordance with the
City's detail.
22. Provide a street name sign assembly at the cul-de-sac.
23. The signage and lighting plan provides for one street light at the intersection with the cul-de-sac.
Unless lighting levels are demonstrated to be sufficient, consideration should be given for a
second light further to the east considering the street curvature.
2O15Jasmine Lane Extension
October 2. 2O15
Page
Project Manual
24. Section 01430. Paragraph 3.07: The street aggregate base shall be blue-topped.
25. Section 02600. Paragraph 3.05: Tracer wires shall be terminated in SnohapdTracer Wire boxes
as manufactured by Copperhead |ndustries, or accepted equals.
26. Section 02611. Paragraph 2.02: Polyvinyl Chloride (PVC) Pipe and Fittings is not permitted.
27. Section 02611, Paragraph 2.05: Waterworks brass shall conform to City Detail WAT-1 0
28. Section 02623. Paragraph 2.01: High Density PE pipe (HDPE) is not permitted.
rjs
Enclosure
n: Terry Thene, City of St. Joseph sure)
EXTRACT—August 10,2015 Planning Commission meeting
Preliminary Plat and Variance—Jasmine Court
Preliminarv Plat&Variance Repuest. Jasmine Court: Schultz opened the public hearing to which
Weyrens stated the purpose of the hearing is to consider a preliminary plat entitled Jasmine Court and a
variance request reducing the wetland setback to 20 feet. St. Joseph Code of Ordinances 502.19 subd.
4a states: the following activity shall be subject to a 50 foot setback from wetlands: The construction or
maintenance of a building attached to a foundation, including but not limited to, pole buildings.
Cory Ehlert, CLC Partners: Ehlert approached the Commission as an owner of CLC Partners. Ehlert
stated the subdivision up for review is entitled Jasmine Court. The property was purchased with the
anticipation of dividing it into residential lots. There would be 10 individual lots including the one existing
home on the property.
As no one else present wished to speak, Schultz closed the public hearing.
Dullinger questioned which lots would be requesting the variance. Ehlert stated the concept plan had atl
10 lots under one block.With the new plans, the lots have been split in two blocks. The lots requesting
the variance would be lot 1 block 1 and lots 3, 4, 7 of block 2. Ehlert added that they are hoping to have
higher end homes in Jasmine Court and are worried that the required setbacks will not allow for those
types of homes.
Weyrens questioned if there would be any future water issues if the variance request is granted. Sabart
responded that it is not an issue of the water tabte, but an issue to the impact on the wetlands. Ehlert
noted that lots 3 and 4 are, in his opinion, the best two lots in the plat. Ehlert added that he is willing to
work with the city to add additional vegetation in the twenty foot buffer between the homes and the
wetlands. Dullinger stated she has seen this property on multiple developers' desks adding that the
connection makes sense and fits with the use of the area. Olson agreed
Sabart reported there are still outstanding storm water and grading issues that will need to be worked out
with the developer, however the details can be worked out and should not hinder the approval of the. Plat.
Ehlert questioned the increase in the drainage and utility easement from 10 feet to 15 feet across the
front of lot 7 block 2. Sabart stated that if the city had to excavate the existing water main at any point it
would more than likely go outside the 10 feet.
Ehlert questioned if the City can help provide engineering services rather than having their engineer start
over in order to save costs. There is a large holding pond east of Northland that Ehlert would like to push
the Jasmine Court stormwater into.The size of the pond is still up for question and are not certain what
the pond will hold. Sabart stated he does not have the original software access as the plan was from the
early 2000s.The pond was not sized to accommodate the Jasmine Court expansion. The desire is to use
the existing pond, however the question is whether it has the capacity.
Schultz questioned the amount of runoff that would affect the homes on the North side of Iris Lane that
are affected by the natural holding. Sabart stated that the backyards of Iris Lane abut a natural wetland
and could result a wetter backyard. Sabart added there is the potential for additional runoff, however the
hydrology needed to maintain the wetland needs to be consistent.Schultz questioned if there is anything
the City could do to prevent additional runoff to the homes off of Iris. Sabart stated the City could, but
would discussions would need to be had with Stearns County Environment Services.
Schultz moved to approve the preliminary plat contingent upon meeting the requirements of the
City Engineer.The motion was seconded by Johnson and passed unanimously by those present.
Olson moved to recommend the City Council accept the Findings of Fact,granting a Variance to
CLC Partners, reducing the wetland setback to twenty feet on following lots: Lot 1 Block 1, Lots 3,
4,and 7, Block 2.The motion was seconded by Schaefer and passed unanimously by those
present.
EXTRACT—August 10,2015 Planning Commission meeting
Preliminary Plat and Variance—Jasmine Court
Approval is recommended based on the following:
1. The property owner proposes to use the property in a reasonable manner.
2. The plight of the landowner is due to the circumstances unique to the property and not
created by the landowner.
3. The variance will not alter the essential character of the area.
4. The variance is not being sought for economic relief.
5. The property owner will plant natural vegetation...
. � CITY OF ST. OS�PH
1
www.cityof stjoseph.com
Public Hearing
City of St. Joseph
The St. Joseph Planning Commission shall conduct a public hearing on Monday, August 10,
2015 at 6:05 PM at the St. Joseph City Hall, 25 Coilege Avenue North. The purpose of the
hearing is to consider a preliminary plat entitled Jasmine Court and a variance request reducing
Administrator the wetland setback to 20 feet. St. Joseph Code of Ordinances 502.19 subd. 4a states:the
following activity shall be subject to a 50 foot setback from wetlands: The construction or
�udy Weyrens maintenance of a building attached to a foundation, including but not limited to, pole buildings.
The proposed development site is legally described as THAT PART OF THE Southwest Quarter
Mayor of the Southeast Quarter of Section 3, Township 124 North, Range 29 West, Stearns County,
Minnesota, described as follows:
Rick Schultz Beginning at the Northeast corner of the plat of NORTHLAND PLAT EIGHT, according to the
recorder plat,thereof, Stearns County, Minnesota;thence North 89 degrees 24 minutes 30
Councilors seconds East, plat bearing along the easterly extension of the north line of said Northland Plat
Eight,said line also being the south line of the north 10 acres of the Southwest Quarter of the
1Vlatt Killam Southeast Quarter of Section 3, a distance of 583.38 feet,to the northwesterly corner of
Bob Loso Jasmine Lane as dedicated on Northland Heights, according to the recorder plat thereof,
Stearns County, Minnesota;thence South 13 degrees 03 Outlot A;thence South 90 degrees
Renee Symanietz 00 minutes 00 seconds West, along the north lines of Outlot A, said Northland Heights and
Dale Wck Outlot A of Northland Plat Six, according to the recorder plat thereof, Stearns County,
Minnesota,a distance of 453.75 feet,to an angle point on the north line of Outlot A, said
Northland Plat Six;thence North 00 degrees 00 minutes 00 seconds West, along the east line
of said Northland Plat Six and Northland Plat Eight,a distance of 552.80 feet,to the point of
beginning.
TOGETHER WITH
That part of Outlot A of NORTHLAND PLAT SIX, according to the recorder plat thereof, Stearns
County, Minnesota, described as follows:
Beginning at the Northeast corner of Lot 4, Block 5 of said NORTHLAND PLAT SIX;thence
South 77 degrees 39 minutes 06 seconds West, assumes bearing atong the north line of said
Lot 4,a distance of 6.61 feet to the intersection with the southerly extension of the east line of
said Outlot A;thence North 00 degrees 00 minutes 00 seconds East, along said southerly
extension,a distance of 87.84 feet to an angle point on the north line of said Outlot A;thence
North 00 degrees 00 minutes 00 seconds East, along the north line of said Outlot A, a distance
of 330.64 feet to a Northeast corner of said Outlot A;thence South 00 degrees 00 minutes 00
seconds West,along the east line of said Outlot A,a distance of 120.00 feet to the Southeast
corner of said Outlot A;thence North 84 degrees 05 minutes 13 seconds West,along the south
line of said Outlot A, a distance of 325.92 feet to the Northwest Comer of said Lot 4 and the
point of beginning.
The request for Planned Unit Development and Variance has been submitted by CLC Partners,
LLC, 7939 Ridgewood Road, St. Joseph, MN 56374.
Judy Weyrens
Administrator
Publish: July 31, 2015
zs College Avenue North • PO Box 668 • Saint �oseph, Minnesota s6374
phone 3zo.363.72oi Fax 3zo.363.0342
+�11 Planning Commission Agenda Item 6
urry()rZ S-ri osEll"'0Ei
MEETING DATE: August 10, 2015
AGENDA ITEM: Preliminary/Final Plat—Jasmine Plat
STAFF RECOMMENDATION:
PREVIOUS PLANNING COMMISSION ACTION:
BACKGROUND INFORMATION: When Northand Heights was developed a small portion of the
Rothfork property, the portion where Armaline Rothfork resided, was left undeveloped so that Armaline
could continue to live in an undeveloped area. It was anticipated that at some point the property would be
developed and the long range plans included the connection of Jasmine Lane. In fact, water was installed
in the location of where Jasmine would be constructed which would allow for additional housing units.
At the time the water was installed the City Engineer was asked to provide a conceptual concept of what a
development could look like. The concept was not intended or portrayed as an engineered plan, rather it
was illustrative only.
The property has since changed hands and is owned by CLC Partners LLC and they are requesting to plat
and develop the area. The City Engineer has reviewed the plat and his comments are included. While the
plat has some outstanding issues, they would not prohibit the Planning Commission from recommending
approval contingent upon the resolution of all outstanding items.
A second issue before the Planning Commission is a variance for three lots reducing the setback from the
wetlands. The application indicates that the developer was following the plan submitted by the City, but
again that was conceptual in nature and engineering was not completed for that plan. The Planning
Commission will need to determine the merits of the variance and complete the findings of fact.
ATTACHMENTS: Request for Planning Commission Action
Public Hearing Notice
Application for Subdivision Review
Variance Application
Plat and Construction Plans
City Engineer Plat Review Comments
Findings of Fact-Variance
REQUESTED PLANNING COMMISSION ACTION: Determine if the Plat is ready to move
forward to the City Council and if so, a recommendation contingent upon revisions as requested by the
City Engineer. In addition the Planning Commission should complete the findings portion of the findings
of fact regarding the variance.
�
"'`'"°"°"�`�' Application fw Varictnce
CiTY OF ST. )OSEPH
REQUIRED APPLICATlON INFORMATION
APPLICANf INFORNUT{ON:
Name�s): C�G� Ti4�2>E.�QS L1G /�E�s�p�r»�NE �R..T
aadreu,c�,stare,�a np co�: �9' �cQcR r�c� �.+a , �r� �a���
-,---T-
PhoneNumber�s): �J��""f�� ' f652 E-maflAddtess: ��.�['i/.Q��-tI'� @ t.�i•�a1't�'��� . rrrrl
PROPER'i11 OWNER INFORMATfON: .
Name(s�: �C G� f�.�,•Q�'sJ�rCLG'.
Addreu,City,Stote,and Z¢i Code: _�4_�
Ph�e Numb�{sl: E-mo�Address:
List the Article�s► and Section(s) of the Land Development Code the applican#is seeking a vari�nce from:
81reMAddr�sotS�jectNepetiy �Z-d `�A c�/!�i/✓E Ls�/J� s1 T �, �eda.lc;p+rJ� 1�5 'ShS/»iaJE Cc:c.�R.T.
aPP�a�d's IMerest In S�Ject r►opNtr: � Contractucai tAttach Evidencel Q' Freehotd
�������� 6.03 A.S3/4 OF SW4SE4 LESS PT LYING WEST OF
FDL:COM MN COR 3AID S3/4S89D W ALG N LN
SAID S3/4 678.66'TO POB OF LN-S552.81'-E330.64'-
5436.15'TO 3 LN S3/4 AND THERE TERMINATING
Section 03 Town.ship 124 Range 029
1. Sia�e�cacfy wh�B�londsd ic be done on or wUh it�e properiy tirhkh does not codo�m wNh ihe prose�d t,onei Davebp�Codt:
As part of the development of Jasmine court a varlance from the 50 ft. wetland setback is required. We are
requesting to reduce the wetland setback to 20 feet on lots 1,6&10. The wetland is a type 3 wetlands and the
reduced setback will not compromise or change the quality of the wetland. The developer wiN work with the
builders on these lots to assure"best practices"in managing storm water on each lot and implementing water
_management plan wherever deemed necessary. �-- ---
Z. wnat rea�onaae we a your propeA�►la lo�t tarotNcai e�Ncuilles)br rne shlet e��orcemero a 1he Land oavalopn�ro coa.� ne�e
�bss a Prov�r��P�on�Pre+ereacs. .
The strict enforcement of the wetland setback would deem lots 1,6&10 unbuildable and the
development would not be feasible.
s.Pbase answer n�e ro�owing ques�orK as+ney ro+ate ro you►specnc va�nce.eqve,t:
A. ���.�n�e vaiance In nannony wMi►1tre puposss ana b�nt a 1ne lane ae+►ew�code� res � r�o
The development of iasmine court wi11 not be abte to meet the 50 ft. wetiand setback required.
B. In your opq�ton,ls N�e vaiance co�wMh 1he Gly's Car�ehensNe P�an4 Yes No n0
wiy a wny norr
I do believe the variance is consistent with the cit�s comprehensive plan as this area is zoned R-1 and
the proposed lots will offer nice quiet residential building lots. The developrnent will also provide the
much needed additional ingress and egress for the residents in Northland Heights. Many of the
residence in Northland Heights have requested the connection of Jasmine lane for safety and
convenience ur oses. - ---
_.._...__. P p
. c. �row oi�inbn.dws ihe propo�puF pra�erN ro�e in a roa:o�abls mannert res No a
�Ma��
The continuation of R-1 residentiaf homes is the intended use of this property.
D. ht 1row opiMon.ae 1hlre ci►Cunatancss urtlque to M�e p►oped�R Yes No O�
�Ma��
The concept plan provided by the city(dated 7-2414) to the developer dld not identify any wetlands in
the area of Lots 5,6 and south portion of lot 7. We discovered the wetlands after the purchase of the
property. The wetland setback variance is required to make the deveiopmer►t viable.
E. m your oplydon.w/the varbnce mdMdn�eue��characror of ihe locdy? y� No �o
�a��
The variance will maintain ali the essential characteristics of the wetlands and the neighborhood.
The Plonnkg ConuN�loe nwd make an a�rnndiv�fin�n�on on tive cr�erio�Nd above�ord�r to�raM d varic�nce.
?he app�caot Mr a valonce has riie bwden of proof ro ahow ihat�of the cdfeda�ad abov�have been�d.
I HB2EBY CERTifY THAT 1 HAVE REAO,EXAMMi�AND UNDERS'fAND THIS APPUCAi10N AND iHAT THE(NFORMATION SUBMRT�t�tElN AND
ATfACFi�NEREfO IS TRUE,ACCURATE AND CORRECTLY STATES MY INiEM10NS.
Apqlicant 5igrtafure�s) PriM Name Daie
�GP�Y Owner Signature(s) Pr1M Name Dade
S?AfF USE ONI.Y
App�ication Fee Received by Date Received
Request fot vurfanr.e irom NrNcle .S�eclion for the Lcmd Developrr�eM Code reQuires
STATE OF MINNESOTA CITY OF ST JOSEPH
COUNTY OF STEARNS VARIANCE PROCEEDINGS
In the matter of
A request for Variance submitted by CLC Partners,herein referred to as the"Developer"requesting relief
from the wetland setbacks in the plat entitled Jasmine Court was considered by the Planning Commission
on August 10,2015. The matter was duly published and notice was provided to property owners within
1020 feet of the above referenced property.
PROPERTY LEGAL DESCRIPTION: See E�ibit A
The St.Joseph Planning Commission acknowledged the following Findings of Fact in consideration of
the request for Variance to allow for relief from wetland setbacks on various lots in the plat entitled
Jasmine Court:
1. The subject property is located adjacent to the subdivision entitled Northland Heights and�is
zoned Rl, Single Family.
2. At the time Northland Heights was developed,2005, it was anticipated that the subject
property would be developed at some time in the future as a low density residential
development consisting of approximately ten single family homes.
3. St.Joseph Code of Ordinances 502.30 Subd. 13 requires a 50 foot setback from wetlands.
4. An application has been received by CLC Partners to relieve the 50 foot setback from a
wetland on the following lots: Lots 1 Block 1; Lots 3,4 and 7 Block 2 all of Jasmine Court.
5. Granting of a variance is controlled by MN S`tatute and requires the applicant to meet ALL
the following criteria:
a. The proposed use is allowed in the Zoning district in which the subject property is
located.
b. The proposed use is in harmony with the general purposes and intent of the official
controls.
c. The variance must be consistent with the comprehensive plan.
d. The variance may be granted IF there are practical difficulties in complying with the
official control.
i. The property owner proposes to use the properly in a reasonable manner.
ii. The plight of the landowner is due to the circumstances unique to the
property and not created by the landowner.
iii. The variance, if granted,will not alter the essential character of the
locality.
iv. The need for variance involves more than economic conditions.
6. The applicant has indicated on the application for variance that the strict application of the
sited land use provision would not allow for development as the cost of extending utilities
and building the infrastructure would not make sense.
DECISION AND CONCLUSION
Based on the Finding of Fact,the St.Joseph Planning Commission recommends the City Council
approve the Variances as requested by CLC Partners reducing the set back to a wetland on the above
described lots in Jasmine to allow the construction of residential dwelling units based on the following
findings:
1. The topography of the property limits the area in which the structures can be located and the
applicant has reduced the variance to least impact.
2. In reviewing the variance in relation to MN the Commission finds:
a. The proposed use is consistent with uses allowed in the Rl, Single Family Zoning
District.
b. The proposed use is in harmony with the general purpose and intent of the R1, Single
Family Zoning District.
c. The variance will allow for protection from the wetland,meeting the intent of the
Ordinance provision.
d. Practical difficulties exist in applying the strict standards of the Ordinance which include:
i. The developer has purchased a tract of land that is appropriately zoned R1,and
where a water main is already constructed,for the purpose of developing a single
family development.
ii. The property owner purchased a tract of land that contains a water main already
in place and a utility easement does not exist. Therefore,the location of potential
lots is somewhat limited due to the location of the water main.
iii. Approving the variance will allow the developer to develop the property in the
same manner as the adjacent properiy,and still provide for some setback from
the wetland.
iv. By not reducing the setback from the wetland,the housing may not fit the area or
be one that is supported in the market as the homes would be small with large
yards.
The Variance is approved with the following contingencies:
1. The developer will plant additional vegetation to compensate for the reduced setback and
provide information to the property owners at the time of selling the lots.
Adopted this 11�'day of August; 2014.
ST.JOSEPH PLANNING COMMISION
By
Rick Schultz,Chair
By�.
, u�ly W ens, Secr
F
. /
Drafted by:
City of St.Joseph
PO Box 668
St.Joseph MN 56374
320.363.7201
STATE OF MINNESOTA CITY OF ST JOSEPH
COUNTY OF STEARNS VARIANCE PROCEEDINGS
In the matter of:
A request for Variance submitted by CLC Partners, herein referred to as the "Developer"requesting relief
from the wetland setbacks in the plat entitled Jasmine Court was considered by the Planning Commission
on August 10, 2015. The matter was duly published and notice was provided to property owners within
1020 feet of the above referenced property.
PROPERTY LEGAL DESCRIPTION: See Exhibit A
The St. Joseph Planning Commission acknowledged the following Findings of Fact in consideration of
the request for Variance to allow for relief from wetland setbacks on various lots in the plat entitled
Jasmine Court:
1. The subject property is located adjacent to the subdivision entitled Northland Heights and is
zoned R1, Single Family.
2. At the time Northland Heights was developed, 2005,it was anticipated that the subject
property would be developed at some time in the future as a low density residential
development consisting of approximately ten single family homes.
3. St. Joseph Code of Ordinances 502.30 Subd. 13 requires a 50 foot setback from wetlands.
4. An application has been received by CLC Partners to relieve the 50 foot setback from a
wetland on the following lots: Lots 1 Block 1; Lots 3,4 and 7 Block 2 all of Jasmine Court.
5. Granting of a variance is controlled by MN Statute and requires the applicant to meet ALL
the following criteria:
a. The proposed use is allowed in the Zoning district in which the subject property is
located.
b. The proposed use is in harmony with the general purposes and intent of the official
controls.
c. The variance must be consistent with the comprehensive plan.
d. The variance may be granted IF there are practical difficulties in complying with the
official control.
i. The property owner proposes to use the property in a reasonable manner.
ii. The plight of the landowner is due to the circumstances unique to the
property and not created by the landowner.
iii. The variance, if granted, will not alter the essential character of the
locality.
iv. The need for variance involves more than economic conditions.
6. The applicant has indicated on the application for variance that the strict application of the
sited land use provision would not allow for development as the cost of extending utilities
and building the infrastructure would not make sense.
DECISION AND CONCLUSION
Based on the Finding of Fact, the St. Joseph Planning Commission recommends the City Council
approve the Variances as requested by CLC Partners reducing the set back to a wetland on the above
described lots in Jasmine to allow the construction of residential dwelling units based on the following
findings:
1. The topography of the property limits the area in which the structures can be located and the
applicant has reduced the variance to least impact.
2. In reviewing the variance in relation to MN the Commission finds:
a. The proposed use is consistent with uses allowed in the R1, Single Family Zoning
District.
b. The proposed use is in harmony with the general purpose and intent of the R1, Single
Family Zoning District.
c. The variance will allow for protection from the wetland, meeting the intent of the
Ordinance provision.
d. Practical difficulties exist in applying the strict standards of the Ordinance which include:
i. The developer has purchased a tract of land that is appropriately zoned R1, and
where a water main is already constructed, for the purpose of developing a single
family development.
ii. The property owner purchased a tract of land that contains a water main already
in place and a utility easement does not exist. Therefore, the location of potential
lots is somewhat limited due to the location of the water main.
iii. Approving the variance will allow the developer to develop the property in the
same manner as the adjacent property, and still provide for some setback from
the wetland.
iv. By not reducing the setback from the wetland, the housing may not fit the area or
be one that is supported in the market as the homes would be small with large
yards.
The Variance is approved with the following contingencies:
1. The developer will plant additional vegetation to compensate for the reduced setback and
provide information to the property owners at the time of selling the lots.
NOW THEREFORE be it resolved that the City Council hereby accepts the recommendation of
the Planning Commission, reducing the required setback for a structure from a wetland from the current
50 feet to 20 feet. The lots for which the variance applies to are: Lot 1, Block 1, Jasmine Court; Lots 3, 4
and 7 Block 2; all of Jasmine Court.
FURTHER, the developer will plat additional vegetation to compensate for the reduced setback.
The plantings must be approved by the City Engineer.
Adopted this 5t'day of October; 2015.
ST. JOSEPH CITY COUNCIL
By
Rick Schultz, Mayor
By
Judy Weyrens, Administrator
Drafted by:
City of St. Joseph
PO Box 668
St. Joseph MN 56374
320.363.7201
APPLIGATION F4R SUBDlViS10N REVIEW
CITY OF ST.JOSEPH
26 College Avenue North
S�Joseph, �AAN 56374
PH: (320)S63 7209 FAX: (320)363-0342
APPLlCANT(S)NAME: [."�e �.4�er�.S� �,L.C. DATE: '7—/!� -i�
AODRESS• �� ���b Q,��
c.�' ��'�Q ia _ �I111 iJ
PHONE NUMBER(S): .32C� --S�ZG /Q52. FAX:
3�- ��-�3�'
PROPERTY OWNER(S)NAME(if dif�ererrt from Applicanti: �sa�
ADDRESS:
PHONE NUMBER: FpX;
PLEASE ATTACH ANY ADDRIONAL NAMES,ADDRESSES AND TELEPHONE NUMBERS OF ANY
OTHER PERSONS,FIRM AND CORPORATION HOL,DiNG INTERESTS IN SAID LAND.
UWe, the undersigrred, hereby make the foll�ving application to the Planning Commission and City
Counci!of the City aF St.Joseph, Steams County, Minnesota. (Applicarrts have the responsibiliry of
checking all appiicab�orclinanc:es pertaining to their application and camplying with all ordinance
requiremerrts):
A. Application ia hereby made for: (Applicar�t must check arry/aH appropriate items)
✓ Preliminary Piat Review
✓ Finai Plat Review
Planned Unit Development Plan Review
� Minor Subdivision Review
B. Parcet�er�cation N�be�(s)of Property: GT• ���37`.- ��d/
Legal Desc�iption af Property: (Pleasg Attach Metes 8 Bounds Description)
6.03 A.S3/4 OF SW4SE4 LESS PT�YING WEST OF
FDL:COM NW COR SAID S3/4-S89D W ALG N LW
SAID S3/4 678.66'TO POB OF LM-S552.$1'-E330.64'-
5436.15'TO S LN S3J4 AND THERE TERMINATIPIG
Section Q:i Trnmship 124 Range 029
C. Reguired information:
1. Name of Pfat ��lrS�7%N� t�v�c*
CdY of�.Josaph Appflation far Slibdiriaion Fasview Paye 1
2. �ocation: N�.Qr.��A� A��ay✓
3. Gross Area: LP� 03 �4e�a
4. Number of Lots: /o
5. Current Zoning Ciassification(s): f� � R,�a�dc.�+H�
6. Qesired Zoning Classification(s): 'i� � `�a;�l.�,..t%�►�.
7. Current�oning Classification(s)of Adjacent Parcels: 't�- ( cs.� �,iz�'t, .Sou�i�� �,�s'r,g,��
8. Name of Penc4ing Street Name(s)Included in Development: �Y`'""��'� t" �'�T�'
_ .�'aSm,.J� (�;,,��-
9. Name&Address of Land Surveyo�/Engineer. _ ��,�u�c,c,�D
-- - 3?a i l'2�' � J�Q,zr� +�I?�t4 �-r C�/c,�A �!'!N 5-(3c 3
D. Does the proposed preliminary plat require rezoning?
Yes, E�tain
�_No
E. k tl�propbsed preliminary plat consisterrt with design standards and other req�rements�
the City of S�Joseph Subdivision Ordinance,Zoning Ordinance and Comprehensivs
Pianning documents?
_,�Yes, skip to F.
No, if`No'app{icant must camplete ibems below in italicized print.
The re�uest(s) whidr Uwie desire for our property requi�ra a variance frt�m the following ssction(s)of the
St. Joseph City Code:
Section Section Section
Proposed variance(s):
What speciai aonditions and circumstances exist which arie particular to the land, strucfur+e or building(s)
involved which do not app/y to the land,structu�s or building(s)in the same zoning ctassiScation(attach
addifional pages as needed)?
Do any o#the special conditions and circumstances resuR from your own actions(if the answer is yes, you
may not qualify far a variance)?
�'��-���PWication Gor SubdNhion t�view Paps 2
What facts and considerations demonstrate that the literal interpretation of the zoning or subdivision cotle
or other City code/pian would deprive you of rights commonly enjoyed by other prr�perties in fite same
district under the terms of the zoning code(atfach additional pages as needed)?
State y+our r�a�ns f+�rbelieving thaf a variance wil!not confieron you any special priviJege that is denied
by the code to other lands, stiuctur+es or buildings in the same district:
State your rea�ns�or betieving that tt►e acbon(s)you propose to take is/ar�in keeping with the spirit and
intent of t�e c�de?
State your nsasons fo�believing that a stiict enforaement of the provisions of fhe code would caLse undue
harclship. Undue harolship means that the property in question cannot be put to a r+ea�r►aWe use if used
under the canditions allovwed by the c�de. Economic considerations alone shall not constitute an undue
harclship under the fem►s of this code as r�sferenred in state statutes:
F. Describe the physical character�stics of the alte,including but not limibed M,topography;
CNY of$t.IosepA Applk�tion fof 51�bdiNsion lisvbw Page 3
erosion and flooding potential;soil iimitations;and,suitability of the site for the type of
development or use contemplated.
This parcel is suited very well for the contir►uation of R-1 residentiai building lots. The site
design and layout has minimum impact to the many mature oak trees. Topography is levei in
the cul-de-sac, however does ofFer some etevation change on Jasmine lane. Sqils are Gay and
suitabfe for a variety of house plans.
- ____ _ _-
- ------ -- _-- ------- - ___ _ ___ __ __ _______ _
G. Desc�ibe the fiscai and environmer�tal impac#the proposed devefopment will have on adjacent
property owners and the City of S�daseph.
This development wi4i ailow for the much needed connection of Jasmine 4ane and provide a
secondary ingress/egress for the residents in Northland Heights addition. The deveiopment wiil
aiso provide#he utility easements necessary to maintain the city water line serving Northiand
Heights addition. No environmental impact to the adjacent property owners as the requested
use is consistent with neighboring R-1 properties.
H. If Appiication is for a PUD,provide a statement that generally descHbes the proposed
devetopment and the maricet which it iM�nds to serve and its demand in refation to the city's
Comprehensive Pian and how the development is desigr�ed,arranged and operafied in order to
permit the development and use of neighboring prop+erty in accordance with the regula!lons
and goais of the city.
��
i. Appticants for preliminary plat rreview must provide with this appitcatioa the nam�and
addresses af ati adjoining property owners yvithin 35p feet of the subject property,
J. Attach compiefied copy of appficable submittal checkiist(s)with appiication.
i/We ut►derstand that any work to be done wiD require reimbursement to the city for any engineering, consufting, mapping
or studies that may have to he done in conjunction with this subdivision. This includes any fees in conju►�etion with
preliminary or final plats. !n addition a check for the appropriate fee(s)must be submitted along with the application. By
signing this app(ication below, IlWe are t�reby acknowiedging this potentia!cost
App1 gnature �/G f�
Date
�� �� �
Prope ners Sig ture D�
CitY af bY.JOaeph Npp�ieation f0►&bdiwi0n Revi6w Pips 4
hQp
Q
OAK U
1A
AP
0 1 MH V 1
wn a
PH M 1 1
1 off if P
I I
11 QnS
I4z
gg
v N"41 md" 1 , i
uzA
1\ 21
T O 4 f 1� V;
S,wo—
to co
ems\ -- o-
Cq is
J, 4
-----------
pa
J S �
a
� u
t 3
v -
Li
m o 0
o o
0 0 0 0 0
o �
E o
o � ° 0 o l
o aS � � � o
cn — — —
>
Q-
0 >
cX
CA U 06 cn cn cn cn on on'vi o 0 0
z
4-0
� � o N
v J
•r-1
0
cu
V �
cu
.2 zz a1
y N y o
73
O 59
5E 0
G V 0
(� ��" >,N j.B o o
�
0 •� •� f/1 O�0 V N ® s
Ao— F--,Cn V n cn UP. L- a s a-
`o
oma �
E O
o
d fk
ca
�I � IIIIIII10 _
p I s 3 3 0 E@ p s O <3oWo rc - 10
-
a
���
C
— � a
I U
U4 u
�O C�D
El
2 O—
� yo 1 m
3llHOONVI iWON
`o
oma y
44
20
_ - _ - - - caa
- - - - oz
El
0, 10
_moo � -
ca
i-I
H:
mEl _
yy
— A
� e
'z ; L.--
nh
o �U
r�
N _ _Ni
09 ,- y
JI
13 IF
E
10,
0
1 u
fir
��Q ��� � -' •ate i;; ,' Q � � -
s°
i a
-
� � m
�7
1,5
— \ 7
seo
r
o
<oe Fss
wows
Is
o=m�
a a �o oz
42
e
-ol
�z
o
pu o-
_ aoo - - - -- a°N -
- - - - 30 - - o ca
a�
- - - -
o
- - o� - - - -
Awa Na _o -ao -oa000 �� -oar W a�
CA
0 64
o
222222222
�./
20
97
g -
o
000
It
o
- _
_
o ' z
_ 3 o o=
06
o3ao - - - - - {
-- - -- - - - = g d
_ -
_ - 2
i.11--R=-
-
.:
0 0 o rw_r�o arra arauz ¢r araa ar E<3 _r v+r virr v+r rw ra wr w=i v+ ra_vi
t �. �x A
om_� i �v� !•j ' i o
w - -
gll _
m
o A it s,
w
ca a ..
a 'j
o
oom
m _ _ 000z0 - _ �1 $p
al
3a - a0 =r=oo Omo�3Q - S
w 300000 rcoaoa_3�+?¢x~ zo�nu z �
u
o
- -
- -
_ 0 0-
�3a
0 � - - - - - -
- - - - w - -
- WOo
_
o 00 -
a Sao
adz
w - - _ - - _
Nil 0-
0 0
S
F3w - g
B
- - - -
w3so -
- - - - - - w - °- - - - - -
vN
wOrzi� c� - 333 _zoorttNott --
333iwttr mm - - _
�J
=�i _ oho _ -
ol 'o ¢ r - Nor - - - _
1 0
_ - - _
oo�
�3om __ - _ - _
_ _ _ - _
33z - - £�
A
- - _ w Y
30 - - - - - -
_r >¢>3 u�+a�o.r wE3r>oor�aw¢ ozr> - rcxo3o�n.�+_ 33r_ar o�_r>o�o._[>a >¢oa¢o ¢_z_¢o3 -w3o ED-w�¢3 0 _-mf
`o
oma o
�m - •G is P"
w _
w
� U s
Q =� opo o LL w C7 tt3vioaa� U ¢Na¢r m raw
6.0
10
ca
i(l
O h y
1 /
ca
/ I y
e CC601 J
8 a \
I \ L601
W 8 1
N v i o'%soi 1 v�
Cd
I I 3 � w� �--• a---
I IIN I
� I w
z
P
x
roaol i
J t
@ / a
1
�n
P
$y 1Y o
II
II�
✓� II - "�I � 3®a
-- --- 1so.I $
-=---
iii
3 N O N O N O If1 O N O N m g�gqq
O O K1 rt1 r r
O O O O O O
`o
oma o
�m - •G is P"
w _
w
Q oW� opo o LL w C7 tt3vioaa� U ¢Na¢r m raw
6.0
10
ca
U
CAI
vg i
r E yq
^^� S
1�1
u
a
u
v \ ^ rO 99'£601lzp
Z-1 ���---
8'0601 III Al O
O m m � O � �
O O O O O O
II
g A
N — I e¢
`o
o
o ° E r a a
E -
m
.o
„ 3
ca
0 a
ro m a
000z�o a �i d
O\ 'L
O O O O O O O O O
O h y
1 /
/ I y
ca
90—� —AE,E lAd I �
10�Z 19 lAd
Ise 96[601
I
1
d
I �
1 � 1
11 11.1=A3,
c6oi
i n
;— 9-9 "1
lo
otisooi v�
Cd
16901 =
P
ili W
—----- b8 bBOl 982901=A343
o bol
______-------
N $ p
ad»
b'
IIILII
---_
� "IBOI 8l'4801 =AEl3 Nd
C9'69+0=V15 Nd
3 N O N O it1 O
O N O it1 O O it1 m g�gqq
O O m m r r
O O O O
`o
o
cn
o ° E r a a
E -
.o
ca
„ 3
0 a
ro m a
000z�� a II d
m
✓ � �
i O NO 0 0 o O O o n 0 O O o
f a
�I N
W
rl
C ca
�� —� - 0-1
d mho U
6-201
x z3 0
m r— �Uy°b"ea w I
IL
O N O O O 0O
O O O O
0 0 0 0 0 0 0 0
\ i
L-01 -n313 nd
�osol � m
\\�✓ £S'B80[ £59801 =n3�3 n� O
- 8'0601 0000+0=tl1S nd
r— m
o 0 0O 0 0 „`a
0 0 f
✓ I I I I
o
`o
oma b �
DoE � y pGip
o en.
ern ao
ca a
\ 1 \ I I a
v
a LL \ a
\ V ❑ ®�_
t .
;{q � e
o i
Z L
moo, HOONVIiWON
`o
o
C
d Q
i ` c a
aa:
1�
un o-n r r a CA
CIS
«g
-- _ =JII�II�IL=IIL=III�IIJIIL—_ EJo� e
SQ. g,um s
V 0 MON nS 31
e 0 Nil of
filH !H
loth
-2E
Hll
iN . .. ..
miw'
...... --------
ilk!
id
N >
. . . . ...
- -- --- . . . ........
;I j
01 -
chi
PIPE mw 'i
lits yj-- i
FOR
to 0
oil
`o
oma
m
E ..
-' o
ffo So �� W g
—
dF
tt1 nl U�
a
u
ca
ca
qr
�
bE� a�
=a
�a
��00
.���N� N��N���������0�N�
����� � ~~~��~~~��~�~�~�~���~~~
TO: JudyVVeyrens
City Administrator
FROM: Randy Sobort. PE
DATE: August 4, 2015
RE: St. Joseph, Minnesota
2O15Jasmine Lane Extension (CLC Partners Development)
Preliminary Plan and Plat Review
SEH No. STJOEGEN D143
| reviewed the preliminary plat and plans doted July 20, 2015. from Westwood Professional Servines, and
have the following comments:
Preliminary Plat
1. The plat suggests a proposed ownership change for a section of the City's Outlot A(Northland
Plat Six) osthe property is proposed to be ''obtoined" and incorporated into the southern portion
of Lots 2 and 3. Block 2. While the area would need to remain blanketed by o drainage and utility
easement due tothe wetlands tothe east ofthe plat, obetter explanation isneeded ostowhy the
property exchange isneeded.
2. The proposed 10 feet wide drainage and utility easement across the front ofLot 7. Block should
be enlarged to 15 feet to provide adequate separate for the in-place water main. The location of
the in-place water main should be located in the field and accurately illustrated on the drawings.
3. The construction drawings label the cul-de-sac as Freesia Court. Clarify if the plat bear the same
name.
Storm Water Hydrology
4. We are unable to comment on the suitability of the proposed storm water collection and treatment
until the storm water hydraulic computations and hydrology analysis are submitted and reviewed,
but offer the following preliminary comments.
5. The developer isproposing todischarge storm water into the existing pond east ofNorthland
Drive and south of Jasmine Lane without any modification to the volume of the existing pond. VVe
reviewed historical project information for earlier phases of the Northland subdivision that
suggests the proposed development was not part of the pond's original sizing. While it may be
possible to accommodate the additional storm water capacity in the pond, the hydrology submittal
must demonstrate suitable capacity.
G. High Water Levels (HWL) for both the storm water treatment pond and the wetland to the east
must be identified and labelled on the plan. A minimum of two feet of elevation difference must
exist between the HVVLand the lowest structure opening.
7. The proposed storm water discharge into the existing pond from the new development isinclose
proximity to the pond's point of overflow creating o potential for flow ''short-circuiting."The
location ofthe discharge point into the pond should berelocated.
mxn,ts///nuHenu,/oxenn/no..1ouuoamAvonuoaoum P.O. Box 1717,atCloud, mw 56302'1717
asx /aunequal opportunity employer | wwv.eex/noznm 1 xou.00u*xuu 1 8005720617 1 320229.*301 fax
2O15Jasmine Lane Extension
August 4. 2O15
Page
Overall Site Plan
8. Proposed Lot 1. Block 2will encompass the existing single family home. The existing driveway,
hmwewar, extends tothe southeast across Lots 2 and 3. Provide additional detail how the
driveway toLot 1will bereconfigured.
Q. Construction ofthe proposed street otthe east end will impact owetland along the north side of
the street. As noted on the plan, submit documentation supporting any previous mitigation
permits.
10. There is presently no sidewalk in-place on Jasmine Lane on each side of the proposed street
connection. The Planning Commission/Council should identify what pedestrian accommodations,
ifany, should bemade along the proposed section ofstreet.
11. Identify the location and invert elevations ofthe existing storm sewer/pond overflow pipe otthe
existing pond, east ofNorthland Drive
12. General plan note 14 references the clean ing/televising of the sanitary sewer. The first (existing)
downstream section of sanitary sewer shall also be cleaned and televised following the proposed
construction.
13. The City's Pond Design Standards require a horizontal separation of 70 feet between a pond and
the house/structure tohe|pensun* usob|eyordsponeondtoprovideobuffer. /\|thoughthe
adjacent body of water is a natural wetland in this case, Lot 7, Block 2 does not meet the
separation distance and would require relief from the standard.
Grading and Erosion Control Plan
14. Likely due to the presence of the mature trees, the proposed lots/house pads are not illustrated to
be mass-graded. Hovvewar, the proposed house foundation sty|e, garage floor and lowest
floor/opening elevations must beidentified onthe plan (See note 5).
15. Additional erosion control Best Management Practices (BK4P's) are nenessory, particularly along
the wetland on the east side of the plat.
Utility Plan and Profiles
16. In lieu ofvvet4opping the existing water main at Freesia Court, nut in two gate wa|was otthe south
and east water main legs.
17. The alignment of the storm sewer between STMH-1 02 and STMH-1 01 shall run more parallel
with the easement and lot line boundaries toavoid disturbance outside ofthe easement
boundaries. Easement width shall comply with the provisions of Ordinance 54.16 Subd. 5.
Details and Miscellaneous
18. Additional geotechnical and pavement design information should be submitted. Construction
experience in Northland Heights would indicate the proposed typical pavement section is
insufficient and drain tile will be required. Type C asphalt oil shall be provided.
19. Final submittal shall include o sign p|on, turf establishment p|on, and street lighting plan. Wetland
identification/protection signs should be placed vvhen* boundaries intersect lot lines.
rjs
Enclosure
Terry Thene, City of St. Joseph (w/enn|osure)
37011 12th`L IN,`_vuullte 206
St,.Cloud,IMM 156303
Westwood
u ve,tvvov2 c,➢II,"s.a„u im
W800 :n 7dt..wY,7,�ii
September 23, 2015
Randy J Sabart
SEH
1200 25th Avenue South
St. Cloud, MN 56301
Re: Jasmine Lane
File
Dear Randy:
We have reviewed your comments dated August 4, 2015 and we would like to address them below:
Preliminary Plat
1. The plat suggests a proposed ownership change for a section of the City's Outlot A (Northland Plat
Six) as the property is proposed to be "obtained"and incorporated into the southern portion ofLots
2 and 3, Block 2. While the area would need to remain blanketed by a drainage and utility easement
due to the wetlands to the east of the plat, a better explanation is needed as to why the property
exchange is needed. Outlot A has been removed from the plan.
2. The proposed 10 feet wide drainage and utility easement across the front ofLot 7, Block 2 should be
enlarged to 15 feet to provide adequate separate for the in-place water main. The location of the in-
place water main should be located in the field and accurately illustrated on the drawings. The
easement will be increased to 15'. The watermain location is per SEH Record Drawings.
During the Record Drawing process the watermain should have been located in the field and
accurately illustrated on the drawings.
3. The construction drawings label the cul-de-sac as Freesia Court. Clark if the plat bear the same
name. The Plat will not show a name because the cul-de-sac is less than 300'.
Storm Water Hydrology
4. We are unable to comment on the suitability of the proposed storm water collection and treatment
until the storm water hydraulic computations and hydrology analysis are submitted and reviewed, but
offer the following preliminary comments. There have been many discussions and meetings
regarding the ponding since the issuance of these comments. We believe we have addressed all
of the stormwater comments with the attached plan.
5. The developer is proposing to discharge storm water into the existing pond east of Northland Drive
and south of Jasmine Lane without any modification to the volume of the existing pond. We reviewed
historical project information for earlier phases of the Northland subdivision that suggests the
proposed development was not part of the pond's original sizing. While it may be possible to
accommodate the additional storm water capacity in the pond, the hydrology submittal must
demonstrate suitable capacity.
6. High Water Levels (HWL)for both the storm water treatment pond and the wetland to the east must
be identified and labelled on the plan. A minimum of two feet of elevation difference must exist
between the HWL and the lowest structure opening.
1uM...lDnsdphn ed&~flurveying,&IE n i.n •ening
wsbcuwm.wurwo udlllp s C0117111
Ug M 6, 2015
��������age 2
7. The proposed storm water discharge into the existing pond from the new development is inclose
proximity to the pond's point of overflow creating a potential for flow "short-circuiting." The
location of the discharge point into the pond should be relocated.
Overall Site Plan
8. Proposed Lot 1, Block 2 will encompass the existing single family home. The existing driveway,
however, extends to the southeast across Lots 2 and 3. Provide additional detail how the driveway to
Lot I will be reconfigured. Please see attached sketch.
9. Construction of the proposed street at the east end will impact a wetland along the north side of the
street. As noted on the plan, submit documentation supporting any previous mitigation permits.
Stearns County has requested additional information from Stantec and SEH regarding the
permitting and mitigation of the wetlands. It is our understanding that the impacts have been
permitted,but the mitigation areas were not constructed correctly and/or additional impacts
were requested and the mitigation slated for these impacts is no longer available. Can the City
comment on the availability of the mitigation credits?
10. There is presently no sidewalk in-place on Jasmine Lane on each side of the proposed street
connection. The Planning Commission/Council should idents what pedestrian accommodations, if
any, should be made along the proposed section of street.
11. Idents the location and invert elevations of the existing storm sewer/pond overflow pipe at the
existing pond, east of Northland Drive This has been added to the plans.
12. General plan note 14 references the cleaning/televising of the sanitary sewer. The first(existing)
downstream section of sanitary sewer shall also be cleaned and televised following the proposed
construction. OK.
13. The City's Pond Design Standards require a horizontal separation of 70 feet between a pond and the
house/structure to help ensure usable yard space and to provide a buffer. Although the adjacent body
of water is a natural wetland in this case, Lot 7, Block 2 does not meet the separation distance and
would require relieffrom the standard. As stated, this is a wetland and not a pond. Therefore the
City's Pond Design Standards are not applicable.
Grading and Erosion Control Plan
14. Likely due to the presence of the mature trees, the proposed lots/house pads are not illustrated to be
mass-graded. However, the proposed house foundation style, garage floor and lowest floor/opening
elevations must be identified on the plan (See note 5). These lots will be custom graded. We do
not know house foundation style, garage floor elevation, and lowest floor opening elevations.
15. Additional erosion control Best Management Practices (BMP's) are necessary,particularly along the
wetland on the east side of the plat. BMPs are addressed on Sheet 3 of 12 and detail GD26 on
Sheet 10 of 12. Additional BMP information can be found on Sheet 5 of 12.
Utility Plan and Profiles
16. In lieu of wet-tapping the existing water main at Freesia Court, cut in two gate valves at the south
and east water main legs. This has been added to the utility sheets.
17. The alignment of the storm sewer between STMH-102 and STMH-101 shall run more parallel with
the easement and lot line boundaries to avoid disturbance outside of the easement boundaries.
Easement width shall comply with the provisions of Ordinance 54.16 Subd. 5. The alignment is
such to avoid the removal of large oaks, therefore the original alignment is still proposed. The
plans have been updated to reflect the utility easement as shown on the Plat which concurs with
your comment.
Details and Miscellaneous
18. Additional geotechnical and pavement design information should be submitted. Construction
experience in Northland Heights would indicate the proposed typicalpavement section is insufficient
and drain tile will be required. Type C asphalt oil shall be provided. The oil type has been changed
Ug M 6, 2015
a
to Type C. The pavement section is based on Northland Heights record drawings. Draintile is
shown on the typical section. Notes have been added that Select Granular Borrow, Draintile,
and Geotextile Fabric to be constructed per recommendations of geotechnical engineer in the
field.
19. Final submittal shall include a sign plan, turf establishment plan, and street lighting plan. Wetland
identification/protection signs should be placed where boundaries intersect lot lines. The turf
establishment plan is part of the SWPPP. A Signage and Lighting Plan has been added to the
plan set.
Revised plans,plat, and preliminary plat are attached.
Please contact me if you have any questions.
Sincerely,
WESTWOOD PROFESSIONAL SERVICES
William R. Huston, PE
Manager Engineering Services