HomeMy WebLinkAbout[06a-b] Fortitude Senior Housing PUD Amendment Preliminary Plat Council Agenda Item 6 a-b
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MEETING DATE: July 18, 2016
AGENDA ITEM: Fortitude Senior Living of Saint Joe LLC, Tom Opatz
a. (PUD) Amendment and Preliminary Plat
b. Final Plat
SUBMITTED BY: Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission
conducted a public hearing on July 11 to consider an amendment to the 2002 amended Graceview Estates
PUD and to consider a preliminary plat and final plat for a development entitled Fortitude Housing.
The Planning Commission minutes have been included as draft and unapproved so that you can see the
discussion from the Public Hearing. The Public Hearing required mailed notice to property owners within
350 which in this case resulted in a mailing to 99 property owners.
Included in the information is two letters received as written testimony. The first was from Len Bechtold
and included nine signatures. The second was submitted by the Graceview Homeowners Association and
included thirteen signatures.
After listening to the testimony of those present, the Planning Commission recommended the City
Council approve the PUD Amendment and Preliminary and Final Plat, contingent upon meeting the
engineer requirements.
PREVIOUS COUNCIL ACTION: The City Council approved the Graceview Estates PUD, Preliminary
Plat and Final Plat in 2002 and amendment in 2006. The amendment in 2006 increased the density of a
portion of the plat adding six more units. The subject property is located in Graceview Estates
Subdivision(Outlot A, Graceview Estates).
BACKGROUND INFORMATION:
Applicant Information: Tom A. Opatz, Owner/Developer
Existing Zoning: Planned Unit Development, R1
Future Land Use: Low Density Residential
Original PUD Plan: (3) four plex, (1) eight plex, (2) ten plex, (8) single family detached
homes
Current PUD Plan: (1) eight plex, (2) ten plex, 23 single family detached homes
Requested PUD Plan: One 47 unit senior apartment building with three detached garages
Location: West of 7"'Ave. SE and Dale St. E
Access: Access to the plat would be derived from 7"'Ave. SE. A cul-de-sac will
need to be provided for at the end of Faith Lane and the private drive.
The proposed plat provides for this.
Public Input: The developer held two neighborhood meetings. There was discussion on
the placement and height of the apartment building and the future
development on the northerly portion of the property. By show of hands
at the second neighborhood meeting, the majority of those present
supported the project as a three story facility.
The Planning Commission held a public hearing on the PUD
Amendment and Preliminary Plat on July 11, 2016. Len Bechtold,
Victoria Erickson and Michael Phillip spoke at the public hearing. All
were in support of the senior apartment building at two stories but not at
three stories. A letter from Len Bechtold and a letter from Graceview
Estates Home Owner's Association has been included in your packet.
Overall Plat and Site Plan Information:
Size Use
Block 1, Lot 1 181,049 SF (4.15 Acres) 1 Apartment Building -47 Units and
three detached garages
Outlot A 146,255 SF (3.36 Acres) Open Space
Lot Requirements for the Senior Apartment are proposed to follow R-3 Multiple Family Residence.
Proposed:
Front Yard Setback 131 feet(R3 minimum: 35 feet)
Side Yard Street(7"'AV SE) Setback 100 feet(R3 minimum: 30 feet)
Side Yard Interior Setback 193 feet(R3 minimum: 50 feet)
Rear Yard Setback 75 feet(R3 minimum: 40 feet)
Maximum Building Coverage 35%
Maximum Lot Coverage 50%
Height 40 feet(3 stories)
The detached garages require a setback of 10 feet from the side and rear property lines and a maximum
height of 15 feet. Additionally, the exterior materials of the garages must match the apartment building.
According to the plan submitted the setback requirement will be met.
Off-Street Parkin paces required:
Ordinance: The parking requirement for a senior apartment is 1 space per unit, which would require a
minimum of parking 47 spaces. The site plan proposes 38 surface parking spaces and 12 garage parking
spaces for a total of 50 spaces.
Lighting_
Ordinance: The source of lights shall be hooded and bare incandescent light bulbs shall not be permitted
in view of adjacent property or public right-of-way.
Park Dedication Information:
Per the Graceview Estates Development Agreement, construction of the walking trail will be required to
satisfy the park dedication requirement. A copy of recorded trail easement must be submitted to the city
prior to the issuance of a building permit. An 8 foot wide bituminous trail must be constructed to meet
the city's specifications.
Drainage and Utility Easements:
According to the City's Subdivision Ordinance, typical drainage and utility easements are to be
10 feet on interior lot lines and along roadways and must be over ponding areas. The plat proposes the
typical easements of 10 feet along the boundary of the plat and over the storm pond.
Density: As noted above the maximum density for the subject property is 51 units, based on the
2005/2006 PUD Amendment. The proposed development will use 47 of the density units leaving four
units. At this time the developer has no plans for future development, but the density remains with the
property. The remaining property that is not included with the site plan is labeled as an outlot and an
outlot cannot be developed without being platted.
Ordinance Application. When the PUD for the Gracview Estates was approved, the development
included a mix of housing including single family, small attached multi-family(6/8/10 plexes) and
multiple family, all zoned R1 with PUD overlay. In establishing the lot requirements the applicable
zoning district is used. For example all the single family homes followed the R1 provisions and the
Graceview Estates Apartment Complex followed the R3 regulations. So in determining compliance with
the Ordinance the applicable governing Ordinance is R3.
The original approved Preliminary Plat of Graceview Estates included the following list of uses:
Type of Structure #Structures #Dwellinzs
• Single Family Homes 126 126
• Bay Homes 42 42
• Four Unit Townhomes 11 44
• Eight Unit Townhomes 2 16
• Ten Unit Townhomes 4 40
• Three Story Apartments 3 140
The above table can be referenced to the legend on the included map titled"Preliminary Plat of
Graceview Estates Planned Unit Residential Development City of St. Joseph. The Preliminary Plat did
not approve a site plan for the apartments or verify the number of units; rather it listed the maximum
number of units that could be constructed if they had enough lot coverage. Each of the facilities would
have to meet the requirements of the R3 Multiple Family Zoning District before they secure a building
permit, including at that time issuance of a Special Use Permit. The Special Use Permit would allow for
additional provisions such as screening. The Fortitude Project went through a PUD Amendment Hearing
which allowed the same provisions as a special use permit, allowing public input on the proposed
development.
Age Restricted Development. MN Statute allows facilities to be limited to persons 55 and older or those
with a disability. This is one of the few exceptions to restricting tenants. The proposed facility will be
limited to those 55 and older or those with disability and that provision has been included in the draft
development agreement. This provision is also included in the TIF Agreement that will be executed once
the development is approved.
ATTACHMENTS: Request for Council Action
Q & A, Fortitude Housing
2002 Original PUD Preliminary Plat
Draft—Unapproved Planning Commission Minutes—July 11, 2016
Subdivision Application
Preliminary and Final Plat
Site and Landscape Plan
Color Rendering
Map 4-1 Existing Land Use, Comprehensive Plan
Trail Easement Exhibit and Description
City Engineer's Comments
Len Bechtold Letter
Graceview Estates Home Owner's Association Letter
Bob and Bernadette Ethen Email
Development Agreement
Resolution 2016-041: Approving the PUD Amendment and Preliminary Plat
Resolution 2016-041: Approving Final Plat
REQUESTED COUNCIL ACTION: The Council is being requested to resolve two separate actions
with two separate motions.
Action 1: Accept the recommendation of the Planning Commission and approve the PUD amendment
and preliminary plat, entitled Fortitude Senior Housing of St. Joe LLC contingent on the following:
1. All engineering and fire department issues are resolved.
2. Prior to the issuance of the building permit, a copy of the recorded trail easement and any as-
builts for public improvements must be submitted to the City Engineer for approval. Construction
of the 8 foot bituminous trail will need to meet city specifications and will be the responsibility of
the developer/applicant.
3. Provide additional conifer trees northwesterly boundary and south of the detached garages.
Provide additional trees on the north side of the entrance drive.
4. Outlot A Fortitude Senior Living of St. Joe, LLC is limited to a maximum density of 4 living
units. The density shall not be increased unless the property owner requests an amendment to the
PUD requiring a public hearing for both an amendment and preliminary plat.
5. Outlot A Fortitude Senior Living of St. Joe LLC, cannot be developed as an outlot therefore any
development will require final plat and site plan approval. Cost of improvements, including but
not limited to street, sidewalk, utilities will be the responsibility of the developer.
6. Site plan approval is required prior to the issuance of a building permit.
Action 2: Authorize the Mayor and Administrator to execute the Final Plat and Development Agreement
contingent upon resolution of all outstanding issues resolved with the Preliminary and PUD approval.
Note: The Development Agreement included in the packet is still the draft version and needs the final
revisions, which will be incorporated. It is 90%complete.
Q &A—Fortitude Housing
Since the Planning Commission meeting on Monday night, several questions have been raised; therefore
they are being forwarded to you as additional information. Most of these questions were already brought
forward to the Planning Commission where information was provided. These are simply questions that
were asked and answers provided by staff.
Q. Can we speak at the Council meeting on Monday night?
A. The Planning Commission is charged with conducting the public hearing and once the hearing is
closed additional testimony is not allowed, unless new evidence has been received since the
public hearing (the hearing process is Statutory). In that case it would go back to the Planning
Commission. However, anyone can speak during the open to the public on any topic and it is one
way discussion, not question and answer.
Q. The project could be two stories and the financial cost to build a three story versus two story is
not the problem for the City.
A. The Planning Commission did not make the decision based on the cost to build a two story versus
a three story. The Ordinances allow for a three story building and the current height allowed is
40 feet. The developer is requesting to utilize the existing Ordinance and has experience in
operating a Senior Facility. Residents have long requested an affordable Senior Facility to move
and a developer has come forward to make this happen.
Additionally, in the TIF analysis it was determined by a third party hired by the City, that the
project was not viable without assistance. The expense to construct an affordable Senior Facility
comes at a cost so it would not be constructed if it were to be two stories.
Q. The PUD should be followed and the facility should only be two and one-half stories, why can he
build a three story building? It will not match the neighborhood.
A. The original PUD included the provision for three—three story buildings. At the time the PUD
was approved a site plan was not provided and when they were developed the building would
have to meet the requirements of the Ordinance in place at the time of Development. The PUD
did make provisions for three story facilities.
If the PUD is not amended, the 23 single family homes and townhomes (two ten plexes and eight
plex) could be 35 feet high and will be much closer to the lot lines than the proposed senior
apartment building. The senior apartment building will provide significant landscaping and
setbacks while the current PUD with the single family homes and townhomes does not require
any landscaping and may be rental units.
Q. Can you provide information that our home values will not be decreased because of this
development?
A. The City Attorney at a previous meeting regarding changing home values for an assessment
stated that is difficult to show what impacts both positive and negative and there is not a formula
to calculate such. However, we have not heard any complaints from property owners surrounding
Graceview Estates that their values decreased because of the building. The proposed
development will decrease the amount of structures,provide additional landscaping that would
not occur otherwise and leave over three acres as green space and open.
The proposed housing development will have less of a traffic impact as the original PUD as 51
single family dwelling units will have far less traffic than a senior housing development.
Q. Can the building be moved creating a greater setback from 7"'Ave. SE?
A. The senior apartment building is proposed to be setback 100 feet from the easterly boundary
property line that abuts 7"'Ave. SE and 113 feet from the street curb (the Ordinance only requires
30 feet from the property line). The proposed setbacks far exceeds the minimum required on all
sides of the property.
Q. How can they amend an approved PUD and add an apartment building, as it is not compatible
with the development.
A. MN Statute and the St. Joseph Ordinances include provisions for amending a plat or PUD. The
process includes a public hearing allowing those within 350 feet to have input. When the 2002
PUD was approved, a maximum density was approved for the entire plat. At that same time, a
table of uses was included identifying the number and types of structures. Included on the list
was three, three story buildings.
In 2006, the Developer requested an amendment increasing the density of the subject area adding
six dwelling units. The amendment was approved by the City Council and Planning
Commission.
In 2016, the property was purchased by Tom Opatz and he requested a PUD Amendment to
construct a three story senior facility. The proposed density was reviewed and it is within the
amended density approved in 2006 and consistent with uses permitted in the PUD and is further
illustrated in the existing land use map in the City's Comprehensive Plan(Map 4-1).
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DRAFT—UNAPPROVED Planning Commission Minutes—July 11, 2016
Public Hearing, Fortitude Senior Living: Chair Schultz called the hearing to order to which Haffner stated
the purpose of the public hearing is to consider the preliminary plat and PUD amendment for Fortitude
Senior Living of St. Joe, LLC as submitted by Tom A. Opatz, owner and applicant. The property is located
west of 7th Avenue SE and SW of Callaway St E and the purpose of the requests are to facilitate the
development of a senior multi-family residential facility. Haffner stated Opatz is requesting preliminary and
final plat approval to move forward with a 47 unit senior apartment facility. Overall the density from the
PUD amendment approved in 2006 has not been changed. The existing land use map in the
Comprehensive Plan indicates the property as multiple family residential.
Haffner stated a letter was received in support of the development signed by members of Graceview
Estates. Additionally a letter opposing the development was submitted by Len Bechtold and other
neighboring residents.
Len Bechtold, 412— 7t"Ave SE spoke in opposition to a three story senior complex. He stated he is not
opposed to the idea of having a senior living facility but is opposed to a 40' structure. Bechtold stated he
submitted a letter opposing the development with signatures from eight other neighbors with their request
that the Planning Commission deny the three story apartment complex plan and move forward with a two
story building. Bechtold further stated that the Developer should be required to plan the entire site, and
has concerns as to what will happen with the remaining property.
Victoria Erickson, 332— 7t"Ave SE spoke in opposition to a three story senior complex. Erickson
supports the senior living facility, but is opposed to the three story building. Erickson added that in her
opinion a three story building will be way too high and would not fit into the neighborhood.
Mike Phillipp, 338— 7t"Ave SE spoke in opposition to a three story senior complex. He too stated that he
agrees that a two story facility would be a better fit for the neighborhood. Phillipp questioned how the
three story building will affect the look of the area when other surrounding buildings are two stories.
Tom Opatz, Fortitude Senior Living spoke on his own behalf. Opatz stated it is important to put into
context the difference between a two and three story building; the difference being 8 feet. Opatz added
that in his experiences with senior living facilities, seniors prefer to walk a shorter distance, which is
accommodated for in a three story building. The building is designed in a way to allow for large amounts
of green space for seniors as well as shorter walking distances for the services that will be provided in the
complex. Opatz stated the building will be 40 feet which is allowed within the PUD and included in the
Comprehensive Plan.
Opatz stated the ability to provide lower income housing for seniors is a need throughout Stearns County.
He stated that he has outreached to the neighbors both through a meeting and one on one. He
understands the desire for landscaping and he has provided what is being requested. He clarified that he
does not have any plans for the remaining property and if it were to be developed, it would have to go
through the planning process.
Erickson stated that it is her opinion that the reason the homeowners in Graceview Estates support the
project it is not impacting them to the same level as those who live on 7th Ave SE. Erickson added that
she believes the major issue with constructing three stories versus two stories is financial.
Bechtold agreed with Erickson that cost rather than water mitigation is the main reason a three story
building is proposed. Cost should not be the neighbors or city's concern.
Phillipp stated two story buildings do not have long hallways and that there are ways to control the length
of hallways. Erickson agreed and added seniors like getting exercise and won't mind walking the extra
distance.
As no one else present wished to speak, Schultz closed the public hearing.
DRAFT—UNAPPROVED Planning Commission Minutes—July 11, 2016
Weyrens provided some background the Graceview Estates PUD. When the project was approved, the
PUD process was utilized to maximize green space and create a specific style of living. The PUD was a
phased development that was approved in 2002. While the entire area was zoned as R1, Single Family,
the PUD included detached single family homes, patio homes, townhomes, multi-family structures varying
with units (4,6,8,10) and two multi family structures. As the buildings were built, the depending on the
type of housing, the R1, R2 or R3 provisions were used. The PUD allowed for flexibility.
The PUD also limited the property to a specific number of units. Therefore when Optaz purchased the
property staffed reviewed the PUD that was approved and amended in 2006 to verify the maximum
number of units that could be built on the property. This review indicated that the amended PUD included
two ten plexes, one eight plex, four four plexes and the balance single family with a total of 51 units. If
approved, the remaining property, other than was is proposed for platting is four units. The Developer did
not have an intent to build more than one structure. When the neighborhood meeting was conducted
Opatz illustrated the different locations that the building could be placed and residents misunderstood that
to mean that future facilities would be constructed.
Hausmann questioned whether the building could be relocated further to the north and west of the
property. Opatz stated movement of the building is limited due to the setbacks of the 100 year flood
plain. Already one of the garages needs to be moved due to the setbacks. City Engineer Sabart stated
the setbacks are in place to protect structures in the event of a flood. Opatz added the building has
already been moved 100 feet off of 7th Avenue.
Schultz stated the development puts him in an uncomfortable position being he lives in the same
neighborhood. Schultz noted that Graceview Estates Apartments were limited to 35 feet in height and
believes Fortitude should follow those same requirements. Schultz added the only options given at the
neighborhood meetings included a three story building and that the majority opposed that concept.
Opatz questioned how the term majority is being defined as a letter in support for the development
received 13 signatures and the one opposing the development included 9.
Schultz stated the optimum height he would like to see would be 35 feet. Additionally Schultz believes if
the two story option were presented, then more people would have been supportive. Another of Schultz's
concerns was the access point on 7th Avenue. Schultz stated it would make the most sense to align the
exit point between Erickson's driveway and Schultz's driveway as he does not want car lights going into
his living room at night as people are exiting the facility. Sabart stated the access point is already aligned
to align with the side property lines.
Schultz stated his mom lived in two different facilities both were 2 stories. Two stories do work and it is a
matter of how to get them to work.
Opatz agreed with previous comments that building a three story is cheaper than a two story. However,
the apartments are being built to allow for affordability for the tenants. Opatz added it would be great to
make the building one story, however if trying to achieve having the units affordable to those low income
tenants a three story building is the best, most affordable option.
Dullinger stated current City Ordinance limits the height to 40 feet and there are no exclusions for three
story buildings. Dullinger added she would have a tough time limiting the building in height as it meets all
ordinance requirements. Dullinger added if the height of a building was a main concern, then an
amendment to the Ordinance should have been previously proposed.
Olson agreed with Dullinger that it is hard to limit someone who is following all the rules and ordinances.
Olson added that in the case of the Graceview Estates Apartments, the garages are the only parts of the
facility that is underground, making it easier to meet the 35 foot height that was defined in their
developer's agreement.
DRAFT—UNAPPROVED Planning Commission Minutes—July 11, 2016
Hausmann agreed with Dullinger and Olson that the developer is not asking for a variance to go to three
stories and the development meets everything as required by the Ordinances. Hausmann added that the
developer has the right to build a facility at a maximum height of 40 feet. All neighbors may not be happy
with it, but it is their right to do so.
Olson stated he understands where the concerns are coming from. However, if there is open developable
land, there is not much that can be done if the developer is adhering to the City's Ordinances.
Schultz questioned what the requirements of sign will be. Weyrens stated the height limitations are 20
feet. Opatz stated the monument sigh will be ground level.
Opatz stated he will be paying outstanding assessments in the amount of around $120,000 and
WAC/SAC fees around $295,000.
Hausmann questioned what the developer would have to do if they wanted to develop Outlot A at a
density greater than the 4 allowed. Weyrens stated the developer would have to come back to the
Planning Commission asking for an increase in the density and a public hearing would be required.
Johnson stated when he bought his house along 7th Avenue, he was hesitant due to the open field.
Johnson added a three story building is not ideal, but believes seniors are the best possible neighbors.
Johnson stated it would be hard to deny the building based on it meeting all the requirements, even
though he is a neighbor and will be having to look at it every day.
Weyrens suggested having the discussion regarding screening and landscaping of the property. Haffner
recommended having additional landscaping to what is proposed on the plat. Haffner added the setback
from 7th Avenue is 100 feet and the rear setback is 70 feet. Additional landscaping is being suggested
along the north side of the garages and on the southwesterly side of the facility. A variety of trees are
being proposed at different heights.
Opatz stated per City Ordinance, there are requirements for the number and sizing of variance kinds of
trees. Opatz added a lighting plan was submitted that meets the requirements of the City and is also
sensitive to the neighbors.
Dullinger questioned if there are any proposed berms to screen lighting creating a buffer entering the
development. Opatz stated there is a possibility of adding a berm along 7th Avenue. However, it would
take away from the views of those in the facility that will be utilizing the bike trails. Opatz added that those
living in the facility are living there to be a part of the community and should not be fenced or sectioned
off.
Bechtold asked if there is a rezoning associated with the request. Weyrens stated there is not. The
property will remain the current zoning classification. The property is an R1, but is in the overlay of a
PUD. Bechtold questioned what would happen if the developer would default and the building would be
vacant. Weyrens stated she cannot predict the future. The building would remain zoned the same and
would be limited to 55+. The only way that could change would be if the developer were to come back to
the Planning Commission. Weyrens added the developer's agreement is recorded and stays with the
property even if it becomes bank owned.
Dullinger made a motion recommending the City Council approve the amendment to the PUD
allowing for the construction of one 47 unit senior apartment building with four detached garage
units. The motion was seconded by Olson.
Aye: Hausmann, Dullinger, Olson, Johnson
Nay: None Abstain: Schultz Motion Carried: 4:0:1
Sabart stated the outstanding engineering comments are none that would limit the further approval of the
development. Sabart added the main concern is the location of the cul-de-sac near Faith Lane. Staff had
DRAFT—UNAPPROVED Planning Commission Minutes—July 11, 2016
proposed the cul-de-sac be located at the end of Faith Lane. It will allow staff to continue to maintain
Faith Lane and allow for a separation from a city street to a private driveway.
Olson made a motion recommending the City Council accept approve the preliminary and final
plat for Fortitude Senior Living of St. Joe, LLC. The motion was seconded by Dullinger; motion
carried.
Aye: Hausmann, Dullinger, Olson, Johnson
Nay: None Abstain: Schultz Motion Carried: 4:0:1
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�•�'F;«'°f°,°w'��^ry� City of St. Joseph
CfTY O� ST. )aSEPFI Application for Subdivision Review
A licatfon is hereby made for:(Applicant must check any/all appropriate items)
__�✓ __Preliminary Plat ✓ Final Plat Review
� Planned Unit Developz�nent Plan Review Min�or Subdivision Review
I.and Use Amer�dment Rezone
APPLICANT 7NFORMATION:
Name(s): Tom A.opa� Date:4-ta-�s
AdC�I'�53: 410 L�Aa Sireel Watkkts MN 55389
Phone Number(s): �1-�aa�2ss
Email Address: �•W��hRltophealthcc.00m
INFORMATION ON PROPERTY OWNER(if different firom Applicant):
j�O��r Q��: Fafitude Senbr Living of St Joseph LLC
A,a(�X'CSS: 410 i.uella Street Wafldns MN 55389
Telephone: es��as-s2ss Email: �.opa�n�aeo�,ea�c.com
PROJECT INFORMATION:
Parcel Idenrification Number(s)of Properly: ea.s�s�a.o�os
Legal Descripfiion of Property(may be attached instead of listed}: �A of�racev�ew esea�es�a��-oze
Name of Plat' Outlot A of Gracevlew Esfates
Gr�s Area.• 3��,��gu R
Number of Lots: OuUot A,ct�renUy one twtbt
Name of Pending Street Name(s)Included in Development:�'Bo����
Nanne of Land Surveyor/Enginee�:M�r�rotn�na�
Address of Land Surveyor/Enginee,�:Tfls tist A�enue N��une a s�to�aN
St.Joseph AppUcatipn forSvbdlvJslon Revlew �y~�y���������M Pop�e J 1
Does the proposed Preliminary Plat/f'UD require a Iand use amendment and/or rezoning7 No a Yes❑
If yes,please comptete Appendix A—Land Use Amendment/Rexoning Application(attached).
Land Use Amendment; From To
Rezoning: From To
Is the proposed Preliminary Plat consistent with design standards and other require��of the Cit of St.
J'oseph Subdivision Ordinance,Zoning Ordinance�and Comprehensive Plan? Yes LJ No�_
If No,please complete Appendix B—Application for Variance(attached).
Describe the physical character�stics of the site,including but not limited to,topogaphy;erosion and flooding
potential;soil limitations;and,suitability of the site for the type of development or use contemplated:
The site is 7.74 acres, site improvements are in place water/sewer, curb gutter. The site
is flat and soils are very sandy to aliow for drainage, soif borings have been campleted to
support master plan and building design. We are proposing a 45 unit apartment
building, 40,000 sq ft age restricted. (65 plus). A1so in our PUD we are requested that
uo to an additional 40,000 sq ft be open to expand the project if needed. Vl/e also wvuld
ta have up to 10 patio homes which wi(! aiso be age restricted and offer homecare
services through our senior apartments.
Describe the fiscal and en�vironmental impact the proposed development will ha.ve on adjacent property owners
and the City of St.Joseph.
There will be r�o fiscal or environmental impact ta the ad}acent property owmers
If application is for PUD,provide a statement that generally describes the propa�ed development,the raarket
which it intends to serve,its demand in relatian to the City's Comprehensive Plan,and how the development is
designed,arranged and operated in order to permit the development and use of neighboring praperty in
accordance with the regulations and goals af the City. �
A market study was comple#ed by View point and determined an unmet need of 45
age restricted apa�tments for seniors aged 65 plus. Our project wili be staffed 2417 and will
bring services to the residenfis living in the building to allow ti�em to age in place. The
project will be developed to compliment surrounding properties and meets the need of the city
St loseph A�!lrntfon forSabdlvJsloa Revfew ���~y� Poge f 2
I/We understand that any work to be done will require reimbursement to the City for engineering,consulting,
mapping or studies that may have to be done in conjunction with this subdivision.This includes any fees in
conjunction with preliminary or final plats. In addition,a check for the appropriate fee(s)must be submitted
along with the application.By signing this application below, IlWe aze hereby acknowledging this potential
cost.
� �0 -au - ��0
Applicant Signature Date
� '��-�L
Property O ner's gnature Date
Anvlicable Fees:
Preliminary Plat Minor— 1 to 2501ots $300+$5 per lot
Major->2501ots $500+$5 per lot
Preliminary Escrow Minor— 1 to 250 lots $3,000.00
Major->250 lots $5,000.00
Final Plat $200.00
Planned Unit Development $800.00
Land Use Amendment $500.00
Rezoning Request $500.00
St.loseph Application for Subdiviston Review Poge►3
Ap�endix A
r W r nq'o�xtpzry+h mm
CiT'� OF ST. )USEPH
LAND USE AMENDMENT/REZONING APPLICATION
The applicant shall provide the following(attach separate sheets if necessary):
1. All applications must include a narrative of the land use and/or zoning request.The Land Use and/or
Rezoning application must be completed in its entirety including the reasons as to why the Planning
Commission and City Council should approve the request.
2. Petition for fifty percent(50%)or greater of the property owners affected by the proposed amendment and
fifly percent(50%)of those property owners within three hundred fifty(350)feet of the proposed change.
I understand that I am responsible for reimbursing the City for any additional legal,engineering,building
inspection or planning fees associated with my request.
Applicant Signature Date
St.Joseph Applicotlon for SubdlvJslon Review Page�4
LC
I:
SURVEYOR'S NOTES:
1. Matters of record are shown according to Old Republic National Title Insurance
Commitment Number 51336, issued by Commercial Partners Title, LLC, Effective Dote
May 5, 2016.
2. Property Address: (no address assigned)
3. Gross Land Area = 7.73 acres
4. Location of storm sewer, sanitary sewer, and wotermoin, and water/sewer services are
shown according to observed evidence along with utility as—built drawings provided by
the client. Pipe sizes, where indicated, are shown according to os—built drawings.
5. Underground utilities are shown according to ground markings per Gopher State One Call
Ticket Number 161193504 (non—excavation request). Meyer—Rohlin Land Services is not
responsible for utilities that were not marked on the ground. Location of underground
utilities must be verified prior to any excavation by contacting Gopher State One Call
651-454-0002 or gopherstoteoneco/i.org. See Ticket Check Status summary on this
drawing for list of companies & response to ticket.
6. According to Flood Insurance Rote Map Number 27145CO620E, Effective Date February
26, 2012 this property lies in Zone X (areas determined to be outside the 0.21 annual
chance floodplain).
7. Field survey work was completed between May 2 and May 5, 2016.
N:\Land Projects\16195 - Hilltop Health Care\dwg\ALTA\16195 Preliminary Plat.dwg, 7/8/2016 9:17:36 AM
OWNER / DEVELOPER:
Tom Opotz
410 Luella Street
Watkins MN 55389
Phone number: 651-343-5239
PROPERTY DESCRIPTION:
Outlot A, GRACEVIEW ESTATES, according to the
recorded plat thereof, Stearns County, Minnesota.
(Abstract property)
EXISTING ZONING: B-1
(As shown on City of St. Joseph Zoning Map)
Minimum Building Setbacks for R-1 Zoning
according to City of St. Joseph Zoning Ordinance
Front: 30 feet from public right—of—way
Side: 10 feet
Rear: Not less than 20 percent of depth of lot
o�
Being 10.00 feet in width, unless otherwise
indicated, and adjoining lotlines and plat
boundary lines as shown on the plat.
0 30 60 90
GRAPHIC SCALE IN FEET
0 DENOTES IRON MONUMENT SET
• DENOTES IRON MONUMENT FOUND
=EASEMENTS,
D DRAINAGE AND UTILITY
PROPOSED RIGHT—OF—WAY,POSED TRAIL EASEMENT
I hereby certify that this survey, plan, or
report was prepared by me or under my
direct supervision and that I am a Licensed
Land Surveyor under the laws of the State
of Minnesota.
Date 06/17/16
4z!�-
Abram A. Niemela
License No. 48664
FORTITUDE SENIOR
KNOW ALL PERSONS BY THESE PRESENTS: That Fortitude Senior Living of St. Joseph LLC, a Minnesota limited liability
company, owner of the following described property situated in the County of Stearns, State of Minnesota, to wit:
Outlot A, GRACEVIEW ESTATES.
Has caused the some to be surveyed and platted as FORTITUDE SENIOR LIVING OF SAINT JOE LLC and does hereby dedicate
to the public for public use the drainage and utility easements as created by this plat.
In witness whereof said Fortitude Senior Living of St. Joseph LLC, a Minnesota limited liability company, has caused these
presents to be signed by its proper officer this day of , 20
Signed: Fortitude Senior Living of St. Joseph LLC, a Minnesota limited liability company
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me this day of 20 by Tom Opatz, Chief
Executive Officer of Fortitude Senior Living of St. Joseph LLC, a Minnesota limited liability company, on behalf of the
company.
Signature
Name Printed
Notary Public, County, Minnesota
My Commission Expires
I Abram A. Niemela, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly
Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all
mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or
will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section
505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and
labeled on this plat.
Dated this day of 20
Abram A. Niemela, Licensed Land Surveyor
Minnesota License No. 48664
STATE OF MINNESOTA
COUNTY OF WRIGHT
The foregoing Surveyor's Certificate was acknowledged before me this
Abram A. Niemela, Land Surveyor, Minnesota License No. 48664.
day of 20 by
Signature
Name Printed
Notary Public, County, Minnesota
My Commission Expires
CITY PLANNING COMMISSION
This plat of FORTITUDE SENIOR LIVING OF SAINT JOE LLC was approved by the Planning Commission of the City of St.
Joseph, Minnesota, this day of , 20
Attest:
Chairperson Secretary
CITY COUNCIL
This plat of FORTITUDE SENIOR LIVING OF SAINT JOE LLC was approved by the City Council of the City of St. Joseph,
Minnesota, this day of , 20
Attest:
Mayor City Administrator
COUNTY SURVEYOR
I hereby certify that in this plat has been examined and approved this day of 20
COUNTY AUDITOR/TREASURER
-h 5I
LIVING
VICINITY MAP
SECTION 10, T. 124, R. 29, STEARNS COUNTY, MN
(NO SCALE)
0 50 100 150
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BEARING ORIENTATION:
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Stearns County Surveyor Drainage and utility 4t
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Minnesota License Number
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I hereby certify that taxes on the land herein described are paid for the year 20 and all years prior to and transfer e , \
Being 10.00 feet in width, unless 4
ntered this day of 20 otherwise indicated, and adjoining #2304
lotline lines and plat boundaryro
lines as shown on the plot. ,j
Stearns County Auditor Treasurer By: Deputy Auditor Treasurer /
COUNTY RECORDER
I hereby certify that this instrument was filed in this office for record on this day of
20 at o'clock M.,
and was duly recorded as Document No. , in Plat Cabinet , Number
Stearns County Recorder
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SEH MEMORANDUM
TO: Judy Weyrens
City Administrator
FROM: Randy Sabart, PE
April Ryan, PE
DATE: July 6,2016
RE: St. Joseph, Minnesota
2016 Fortitude Senior Living
Preliminary Plan and Plat Review
SEH No. STJOE GEN D158
I reviewed the preliminary plat and plans dated May 23, 2016, from Bogart, Pederson&Associates, and
have the following comments:
Preliminary and Final Plat
1. Perimeter drainage and utility easements should be dedicated around Outlot A in accordance
with Ordinance 504.16 Subd. 5(b).
2. Dedicate pubiic right-of-way for the proposed public cul-de-sac described in Comment 5.
3. Two drainage and utility easements(12-18 feet wide)are proposed to be dedicated for sanitary
sewer and water main. Since it is understood the utilities are proposed to be privately owned and
maintained, the easements should be removed from the plat.
4. See Comment 31 relative to the dedication of the storm water treatment pond drainage and utility
easement.
Site,Grading, Drainage,and Erosion Control Plan
5. The drawing document size should be de�ned such that the complete document with sheet
border can be printed to scale.
6. We recommend construction of a public cul-de-sac at the end of Faith Lane that meets the
requirements of Ordinance 504.16 Subd.3(I).A cul-de-sac will provide a point of separation for
both ownership and maintenance activities between the public street(Faith Lane)and the private
access to the facility.
7. No curb or gutter is provided across the north side of the parking lot and access roads.
8. The development should be connected to the existing trail system along the east side of the plat
(along 7'h Avenue SE)in accordance with Ordinance 504.18 Subd. 7.
9. Provide a stop sign (R1-1 30"x 30")at the connection to 7�'Avenue SE.
10. Annotate the stormwater pond high water level(HWL)and normal water levels(NWL)on the
grading plan.
11. Local ponds must be located so the edge of the high water level from the largest required design
storm is at least 70 feet from the nearest structure.
Utility Plan
12. The proposed sanitary sewer grade(0.4%)does not comply with the minimum grade(0.52%)
requirements defined by the 2012 MN Plumbing Code. Cleanout spacing shall also comply with
the Code.
ShoR Elliott HendNckson Inc.,1200 25th Avenue South,P.O.Box 1717,St.Cloud,MN 56302-1717
SEH is an equal opportunky employer � www.sehlnc.com � 320.228.4300 � 800.572.0617 � 320.229.4301 fax
2016 Fortitude Senior Living
July 6, 2016
Page 2
13. The utility plan does not identify any proposed storm drain for collection of either the parking lot or
the building roof drains. Given the development size and the target resident(seniors), some
storm drain should be provided so the site isn't fully dependent on surface drainage, particularly
during freezing conditions.
14. The City of St. Joseph Standard Utility Construction Details shall be referenced in the drawings
for sanitary sewer and water main construction. Mechanical joint restraint shall be used in lieu of
concrete thrust blocks.
15. Provide a gate valve at the east branch of the hydrant lead.While the proposed hydrant location
provides suitable coverage for the site,the hydrant proximity to the building is too close in the
event of a fire. Revise the hydrant location.
16. The City Council shall determine the need for a street light at the intersection of 7"'Avenue SE
and the facility entrance.We did not review a lighting plan for the site/parking lot.
17. The proposed sanitary sewer, prior to connection to the public sewer system, shall be equipped
with a system capable of screening and removing adult incontinence p�oducts,wipes, and similar
solids from the waste stream. Submit further detail on the proposed system and location.
Hyd rology/Hydrau lics
SWPPP and Construction Stormwafer Management:
18. The SWPPP is missing designer training information and chain of responsibility.
19. Minimal BMPs indicated on plans. Provide more comprehensive ESC BMPs to meet the minimum
standard indicated in the NPDES construction permit. This includes, but is not limited to, BMPs to
protect existing pond and proposed infiltration basin; construction entrance BMPs; stockpile
BMPs, etc.
20. Provide turF establishment information for green space, pond, and infiltration basin.
21. Areas of anticipated concentrated flow from impervious surfaces need to be protected with
appropriate temporary and permeant erosion and scour protection.
22. SWPPP inaccurately lists the amount of new impervious surface.
23. Construction notes, details, and/or plans should include provisions to ensure the following:
a. Infiltration basins shall not be excavated to final grade until the contributing drainage area
has been constructed and fully stabilized.
b. Runoff and sediment should be kept completely away from infiltration areas until all
upstream areas are constructed and futly stabilized.
c. Infiltration areas should be clearly marked to keep construction equipment away during
construction.
d. Infiltration areas should be vigorously protected from erosion, sediment, and runoff with
� adequate BMPs.
e. Only low impact track equipment should be used within the infiltration areas.
f. The in-situ soils located in the infiltration areas should be scarified to a minimum depth of
12-inches prior to final soil placement and stabilization.
Post Construction(Permanent) Stormwater Management and Design:
24. Owner is responsible for meeting and applying for all applicable local, state, and federal drainage
and hydrology permits.
25. Owner will need to provide a maintenance plan and enter into a maintenance agreement with the
City.
26. Modeling includes Atlas 14 rainfall depths but not the distributions.Atlas 14 depths should utilize
the Atlas 14 or NRCS Midwest and Southeast(MSE)distributions.
2016 Fortitude Senior Living
July 6, 2016
Page 3
27. Infiltration has been included in expanded existing pond (P02).The original design intent of the
pond was a wet sediment basin with no infiltration. Update modeling to remove infiltration from
the existing pond(P02).
28. Water quality treatment requirements/MIDS volume reduction requirement is not met. (Required
WQV=2.7 ac x(1.1 in/12 in/ft)= 0.2475 af vrs. volume provided below infiltration basin outlet
elevation (1087.5)=0.225 af.)
29. The City of St. Joseph requires infiltration rates be verified by field-testing after construction has
been completed.
30. Existing pond(P02)outlet is modeled as a 12-inch pipe. Please verify size and siope of outlet,
existing modeling and plans indicate an 18"pipe.
31. Plans indicate expanding existing pond(P02).This increase has not been accounted for in the
modeling.
32. A minimum 20-foot wide access land and access shelf needs to be provided/reserved around the
permanent stormwater treatment systems.
rjs/djg
c: Terry Thene, City of St.Joseph
Therese Haffner, City of St. Joseph
p.lptls�stjoebommoMd158 2016 fortltude seniw Ilving(topefz)1cortlm city prellm plan rev 070818 doe
City of St. Joseph Planning Commission
re: proposed senior housing project for 7`"Ave. SE
Due to prior commitments, I will be unable to attend the Planning Commission meeting of
June 13, 2016 and ask that this testimony be entered into the record.
As you are aware, this property is presently zoned PUD for 54 units of housing. The developer is
proposing a 45 unit, 3 story apartment building in the southeast corner of this parcel. He has suggested
that there are only 2 options for this parcel; either go with the present 54 unit PUD or go with his
3 story, 45 unit apartment proposal. I disagree with that suggestion. He has resisted to modify the plans
in any way.
At a gathering of families living along 7`�'Ave., the consensus was;
1; No 3 story apartments along 7`�'Ave. There needs to be a buffer between an apartment such as this
and residential homes in a R-1 zone.
2; This total parcel is zoned PUD for 54 units. This apartment concentrates 45 units into the southeast
corner, leaving large tracts of this parcel available for future development. The developer has already
indicated that he will come back to the city with plans for the balance of the property. If this apartment
is built as he proposes, it is very easy for him to come back and argue that he be allowed to build
additional units to match the original unit. My concern is that if this one apartment is permitted, we will
end up with several more. The total density for this entire parcel needs to remain at 54 units maximum,
not only now but into the future.
3; The developer needs to show plans for the entire parcel, not jList the apartment that he is planning at
this time.
If the developer is truly interested in building only this one facility for senior housing, then propose a 2
story, set back from 7`�Ave. I understand that it is more costly per sq. ft. to build a 2 story vs. a 3 story
but that should not be the concern of either the city or of the neighborhood.
I ask that you deny this request to amend the PUD until such tinle that a much more reasonable
proposal is submitted. I understand that this may cause a delay in construction for the developer,
however, once this apartment is built, it will be ihere for a long, long tinie. Let's make sure it is done
right.
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Proposed Senior Housing Project
Second Neighborhood Meeting
` 6 p.m. Thursday, May 5, 2016
St. Joseph City Hall, Council Chambers (lower level)
Administrator 25 College Ave. North, St. Joseph
�udy Weyrens
You are invited to attend a meeting on a new senior housing facility proposed to
Mdv�� be located west of 7th Ave SE and Dale St. E. The purpose of the meeting is for
R��k S�h�l� you to IP�rn a�o�!t the �;�;ect anu pr�v�ue fead�ack. �ome anci view the revised
concept plan, ask questions and share your input. If you have questions contact
Co����lo�s Community Development Director Therese Haffner at 320.229.9424.
Matt Killam
Bob Loso
Renee Symanietz
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Phone 3zo.363 .7zoi Fax 3zo.363.o34z
Graceview Oritre & GrB'C;eVtew LDOO. G*L JOSePh. MN
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Re ' Fortitude Senior Living
To Whom ft May Concern,-
As neighbors to the proposed Fortitude Senior Living COMPlex, we offer o
Prat :c We are cznfident We prVosed plar* Tom Opatz-has shared at inform
will enhance the neighborhood, and we welcome the new addition to our neighl
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Therese Haffner
From:
Sent:
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Subject:
Therese Haffner
Friday, July 15, 2016 10:32 AM
'Bernadette Ethen'
Judy Weyrens
RE: Fortitude Senior Living
Thank you for your interest in the proposed senior housing development. The Planning Commission held the public
hearing on Monday evening and recommended approval of the proposed senior apartment facility. The City Council will
be reviewing the request at their meeting on Monday, July 18 1h . Let me know if you have further questions.
Therese Haffner
Community Development Director
City of Ste Joseph
25 College Ave. N
PO Box 666
Ste Joseph, MN 56374
From: Bernadette Ethen [mailto:bbethen@hotmail.com]
Sent: Friday, July 15, 2016 10:25 AM
To: Therese Haffner <thaffner@cityofstjoseph.com>
Subject: Fortitude Senior Living
Hello Therese,
Due to the bad weather on Monday, we were unable to attend the meeting pertaining to the Senior Living
building. Was the meeting held or was it rescheduled due to the bad weather? We have heard nothing about
it. If it was held, please tell us about the outcome. Thank you.
We are St. Joseph area residents for over 50 years and feel that this is one of the most positive moves the city
has made for our valuable senior citizens. This sort of housing has been long awaited; we have lost many great
citizens to other communities because there is little or no affordable senior housing in St. Joseph. Thank you
for your consideration in getting this development underway.
Blessings,
Bob and Bernadette Ethen
711 Callaway Street E
Saint Joseph, MN 56374
bbethen@hotmail.com
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CITY OF ST. JOSEPH
DEVELOPER AGREEMENT
For Fortitude Senior Living of Saint Joe LLC
THIS AGREEMENT, made and entered into this day of 2016, by and
between Fortitude Senior Living of St. Joseph, 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 a certain real property located within the City limits
legally described Outlot A of Graceview Estates, (herein after called the "Property" or
"Development"; and
WHEREAS, the Property is part of the 2002 Graceview Estates PUD which encompasses 91.07
acres with the following density: one hundred thirty single family units; thirty five bay homes;
thirteen four unit townhomes (fifty two dwelling units); two eight unit townhomes (sixteen dwelling
units); four ten unit townhomes (forty units); one market rate apartment building with
approximately sixty units; and a senior housing facility with approximately sixty units; and
WHEREAS, in 2005 the St. Joseph Planning Commission conducted a public hearing to consider an
amendment to the 2002 Graceview PUD to increase the density of the property described above by
adding eight units; and
WHEREAS, the Planning Commission and City Council approved the amended adding the
additional dwelling units to allow for a type of housing entitled "Carriage Housing"; and
WHEREAS, the property described above has remained undeveloped and listed as forfeiture
property; and
1
WHEREAS, the Developer has purchased the property for the purpose of constructing a senior
living facility to include forty seven dwelling units serving those fifty-five and older and to reserve
20% of the facility for residents meeting the federal guidelines for low to moderate income; and
WHEREAS, the Developer submitted an application to the City for approval of a PUD Amendment,
and Preliminary Plat, Final Plat and Site Plan approval for the plans and drawings as illustrated in
Exhibit A attached hereto ("Development Plan"), which describes the construction project and
related facilities ("Project") the Developer proposes to construct on the Property; and
WHEREAS, the Developer has requested to modify the approved PUD for the Property changing
the type of housing from single family and multiple family four plexes, eight plexes and ten plexes
to one multiple family senior apartment building with three detached garages; and based on the
provisions of the PUD, the proposed changes required an amendment to the PUD; and
WHEREAS, the Developer is not increasing the density of the PUD. The original PUD indicated a
density of the Property equal to forty eight units which was amended in 2006 to increase the density
to fifty one units; and
WHEREAS, the Developer is not seeking an increase in density, leaving the Property with a density
credit of four;
WHEREAS, a portion of the Property will be platted as an Outlot and as such cannot be developed
without completing the platting and development process and is limited to a maximum density of
four; 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 and to set forth obligations
of the Developer and conditions for development after approve of the final PUD; and
WHEREAS, the Developer acknowledges that Developer is responsible for all costs incurred by it
or the City in conjunction with the development of this Plat, including, but not limited to
construction of improvements, legal, planning, engineering and inspection expenses incurred in
connection with approval and acceptance of the Plat, the preparation of this Agreement, and all
costs and expenses incurred by the City in monitoring and inspecting development of the Plat and
improvements therein, unless otherwise provided herein.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY
AGREED AS FOLLOWS:
1.0 REQUEST FOR AND CONDITIONS OF THE PRELIMINARY PLAT AND PUD
PLAN APPROVAL
1.1 Request for Preliminary Plat, and PUD Plan. The Developer has asked the City to
grant final approval of the Preliminary Plat, and PUD Plan for the Project to be
constructed on the Property and to grant final approval of a plat for the final PUD
Plan which will be called Fortitude Senior Living of Saint Joe LLC. Approval of the
2
proposed plat and PUD Plan does not constitute site plan approval for the structures.
Site plan approval is required for all structures to be located in the proposed
plat/PUD Plan.
1.2 Conditions of Development Plan Approval and Plat Approval. The City, after
requisite notice and hearing, has granted final approval of the Plat, and PUD Plan
and final approval of the project subject to the terms and conditions of this
Agreement.
1.3 Scope of Agreement. This Agreement, and the terms and conditions hereof, apply
only to the Project. This Agreement does not obligate Developer to construct the
Project, but Developer must comply with the Agreement if it goes forward with the
Project. If Developer elects not to or is unable to go forward with the Project, or
chooses not to rebuild the Project after a fire or casualty, it may propose to the City a
new project or development for the Property, subject to the regulations then in effect
for development approvals, and the Agreement shall not apply in any manner to such
new proposal.
2.0 PLAT
2.1 Recording, The Developer will record the Plat and this Development Agreement
with the County at Developer's expense within ninety (90) days of final plat
approval, and will forward confirmation of the recording of the documents to the
City. In the event that technical or clerical revisions are needed in this document or
if for any reason the County Recorder deems the Development Agreement
unrecordable, the Developer will cooperate with the City in the execution or
amendment of any revised Development Agreement. If, for any reason, the Plat is
not recorded by the County, Developer agrees to hold the City harmless for any costs
incurred. It is expressly understood that Developer will have no claim for breach of
this Agreement in the event the Plat is not recordable or revisions are required in the
Plat. If the Plat is not recorded prior to the assignment of assessments, the Developer
shall be responsible for all costs incurred in the dividing of assessments at a later
date.
2.2 Monuments. The Developer will install Plat monuments within one year after
recording the Plat. No building permit will be issued for the lot in the Plat until the
lot monuments have been installed and certified by a registered land surveyor.
Monuments will need to be relocated and/or replaced if they become buried or
removed during the excavation/development of the property.
2.3 Permits. The Developer shall be responsible for obtaining all permits, approvals,
licenses or other documents from any and all necessary governmental agencies
(including but not limited to the City, Stearns County, the Pollution Control Agency,
the Department of Health, and the Department of Natural Resources) so as to enable
the development of the Property.
3
3.0 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 fully 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.
4.0 DEVELOPER CONSTRUCTED IMPROVEMENTS
4.1 Development Plan Compliance. All buildings and accessory structures shall be sited
and constructed on the Property as shown on the Site Plan prepared by Bogart,
Pederson and Associates, Inc. (referred to in Exhibit B), subject to the provisions of
this agreement. Any deviations from the buildings, structures, and site plan shall
require prior approval by the City Planning Commission.
4.2 Building Structures. One multifamily structure consisting of 47 units and three
detached, four stall garages.
4.3 Building Code Compliance. All buildings and accessory structures shall be
constructed in accordance with the Minnesota State Building Code as adopted and
modified by the St. Joseph City Code.
4.4 Site Preparation. The Developer shall comply with any erosion control method
ordered by the City for the prevention of damage to adjacent property and the control
of surface water runoff As the development progresses, the City may impose
additional and reasonable erosion control requirements if in the opinion of the City
Engineer such requirements are necessary based on local, state and federal
regulations.
4.5 Improvements. The Developer agrees to construct those improvements itemized
below, (hereinafter known as the "Improvements"):
Check all that apply
X Site Grading
X Water distribution system including fire hydrants,
valves, and appurtenances
X Sanitary Sewer Collection System
X Building Services (with regard to extension of
4
municipal services)
X Concrete Curb & Gutter as it relates to ingress and
egress streets and parking lots
X Hard surfaced parking lot, driveways and concrete
aprons
X Private Utilities: All private utilities, including
electric, telephone, cable and gas must be installed
within a common area
X Erosion Control on Site
X Storm Water Runoff Treatment and Control on-Site
X Signs Designating Pedestrian Walkway, Traffic
Directional, regulatory, and warning signs in
Designated Parking Areas
X Parking lot lighting
X Internal private sidewalks
X Permanent turf establishment
The Improvements itemized above shall include all necessary appurtenant items of
work as determined by the City. The improvements itemized above are Private
Improvements and shall remain the property of the Developer and under the control
and maintenance of the Developer, its heirs and assigns.
4.6 Project-Specific Requirements for Developer-Constructed Private Improvements
(a) Development Plan Compliance. All buildings and accessory structures shall
be sited and constructed on the Property as shown on the Development Site
Plan referred to as Exhibit (hereinafter the "Development Plan"),
subject to the provisions of this Agreement. Any deviations from the
Development Plan in the approved preliminary PUD must be approved
pursuant to St. Joseph Zoning Ordinance dealing with minor and major
changes to an approved preliminary PUD. A minor change to an approved
PUD requires a public hearing and shall be incorporated into the application
for final PUD approval. A "minor change" means any departure from the
conditions of preliminary approval which is not a "major change" and
includes, but is not limited to, the following:
(i) an increase in the number of structures;
(ii) revisions to location of internal roads; and
(iii) revisions similar in nature to those listed above as determined by the
City.
A proposed major change through an approved preliminary PUD shall
require reapplication for preliminary PUD approval and any notification
5
regarding such preliminary PUD approval shall describe the proposed major
change or changes. A major change is any departure from the conditions of
the preliminary PUD approval which would result in any of the following:
(i) revisions to the approved design concept;
(ii) revisions to the approved uses;
(iii) an increase of greater than 15% in density;
(iv) a decrease in the amount of landscaping, site perimeter buffering, and
open space; and
(v) an increase in traffic volumes, parking, or change in circulation
patterns which impact surrounding development.
4.7 Water/Sewer Access and Trunk Fees. The Developer shall pay WAC and SAC
charges as provided in Ordinance 44. The Access Fees shall be calculated separately
for each building permit and be based on the fee schedule at time of permit issuance.
4.8 Completion Deadlines. The Developer agrees to proceed with said Improvements
entirely at its expense, and to complete said improvements by August 2017.
4.9 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:
(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, Sauk River Watershed
District, or any other regulatory agency that has jurisdiction.
(d) Submit items one (1) through eight (8) on Exhibit "C" 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.
6
(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.
(i) Prepare and submit such other documentation as the City may require.
4.10 The City Engineer shall:
(a) Provide such City project standards, including special construction details,
insurance requirements and specifications, as the City may require.
(b) Review and recommend acceptance of Plans and Specifications.
(c) Provide a City Representative as a resident project representative (RPR) for
construction observation of private municipal utility improvements
connected to public infrastructure and work within the public right of way
throughout the construction period.
(d) Assist the Developer's engineer in collecting field information for use in
preparing record drawings for municipal utility improvements.
(e) Conduct a final observation and review final construction documentation.
(f) Recommend Acceptance of Improvements to the City.
City Engineer shall be named as an additional insured on such policy by
endorsement.
4.11 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
7
(the "Security") in the estimated amount of 1.25 times the Engineer's Estimate of
the likely costs of such improvements, conditioned upon the faithful construction of
the improvements according to the Plans and Specifications, and 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.
4.12 Labor and Materialman's Bond. Upon execution of this Agreement, the Developer
shall also provide the City with a labor and material man's bond, guaranteeing the
payment of all workmen performing labor or services, and all supplies or material
men 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 material men in the form of release, signed receipts, or lien waivers. If
the Developer contracts with a single Prime Contractor, and all construction
contracts are under control of the Prime Contractor, the Prime Contractor may
provide the laborer and material men 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.
4.13 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.
4.14 Completion Date and Inspection. The work the Developer is to perform under this
Agreement must be done and performed by Developer in a good and workmanlike
manner and completed by the date set in paragraph 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 by
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.
8
4.15 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.
5.0 PROJECT COMPOSITION, BUILDING, AND ARCHITECTURAL DESIGN.
5.1 Building Code Compliance. All buildings and accessory buildings shall be
constructed in accordance with the Minnesota State Building Code as adopted and
modified by the City Code.
5.2 Site Preparation. The Developer shall comply with erosion control methods ordered
by the City for the prevention of damage to adjacent property and the control of
surface water runoff As the Development progresses, the City may impose
additional erosion control and storm water management requirements if in the
opinion of the City Engineer such requirements are necessary.
5.3 Building Elevations. The principal building elevation will not exceed three stories
and 40 feet for the proposed multi-family senior structure and 15 feet for the
detached accessory garages as defined and measured in accordance with the City
Ordinance.
5.4 Building Exterior.
(i) The exterior of the buildings shall include variations in building
materials, which are to be distributed throughout the building facades
and coordinated into the architectural design of the structure to create
an architecturally balanced appearance.
(ii) All proposed structures shall be designed to prevent the appearance of
straight, unbroken lines in vertical and horizontal surfaces. No
exterior wall shall have a single exterior wall longer than forty (40)
feet without an offset in the vertical or horizontal surface.
5.5 Waste Handling Screening_All waste and related handling equipment shall be stored
and kept in a four sided enclosure constructed of a brick, stone, decorative concrete
or a material compatible with the material of the principal structure.
5.6 Access to Property. Vehicular traffic will access the Property from 7 t Ave SE and
the cul-de-sac on the west property boundary (Faith Lane) with emergency access
only. The Developer shall construct the extension and cul-de-sac of Faith Lane
during the development of the senior apartment building. All streets shall be
constructed as indicated on the Preliminary/PUD Plan and as approved by the City.
All streets shall meet City Street design standards.
9
5.7 Parking Standards. The Developer shall provide off-street parking spaces in
compliance with City Ordinance.
5.8 Fire Hydrant/Fire Access and Lock Box. Location of fire hydrants must be reviewed
and approved by the City. Before issuance of a building permit, the Developer must
provide detail of the fire suppression system. Before issuance of a Certificate of
Occupancy, all buildings must have installed a Fire Lock Box approved by the
Building Official.
5.9 Landscaping. The Developer shall complete all landscaping as illustrated on Exhibit
before issuance of a certificate of occupancy. A Landscape Plan must be
provided to the City and approved for the future multi-family development.
5.10 Lighting. The source of lights shall be hooded and bare incandescent light bulbs
shall not be permitted in view of adjacent property or public right-of-way. Lighting
shall be provided in accordance with the City Code.
5.11 Signage. Any signage shall be in compliance with the City Ordinance.
5.12 Utility Plan. The Developer shall provide the City Engineer with a detailed utility
plan for review and approval illustrating the services that are to be provided.
5.13 Storm Water. The Developer shall provide the City Engineer with detailed plans for
managing and treating storm water runoff and control on site for review and
approval.
5.14 Site Plan Approval. Prior to construction, the Developer must obtain site plan
approval and submit to the City final site plan and construction plans for review.
The Development plans must be consistent with the approved PUD Plan and city
ordinances.
5.15 NPDES/City of St. Joseph SWPP. NPDES Permit must be submitted at the time of
the Building Permit Application.
5.16 Trail Access. The developer shall construct an eight (8) foot wide bituminous or
concrete trail entirely at its expense meeting ADA requirements connecting to the
existing trail to the North extending the length of the east side of Property. A trail
easement shall be provided to the City and recorded with Stearns County.
5.17 Requirements for Building Permit. No building permit shall be issued for this
Property until the Developer has signed and returned this Development Agreement,
obtained any necessary easements and provided the City with a copy of the easement
documents, and submitted any additional information as directed by the City
Engineer.
10
5.18 Age Restricted. The Project is age restricted to those 55 and older or those with a
disability in accordance with Minnesota State Statutes.
5.19 Requirements for Certificate of Occupancy. Per State and City building codes.
6.0 GENERAL TERMS AND CONDITIONS
6.1 Title. The Developer hereby warrants and represents to the City, that Developer's
interest in the Development is fee owner.
6.2 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 running 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 Property and/or Project and all recording fees
shall be paid by the Developer. If the Property and Project are sold or conveyed to a
third party, and the third party, in a writing satisfactory to the City, takes and
assignment of, and agrees to assume the obligations of the Developer under this
Agreement, the prior owner/transferor will, from and after the effective date of the
assignment and assumption, be released from any further obligations under this
Agreement; provided however, that in no event will the JLT Partnership be released
from its obligations under this Agreement prior to the City's issuance of a certificate
of occupancy for the Project.
6.3 Ponds.
(a) 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,
Developer will clean/dredge all holding ponds and storm water pipes on 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.
(b) 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 8.9(b), the Developer will be responsible for all costs
associated with cleaning with all claims paid within 30 days of invoice.
Billing permits will not be issued if any incurred fees are not paid within 30
days. 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.
11
(c) 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 8 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.
6.4 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.
6.5 Platting. Developer must include all of the Development Property in the final plat
The final plat must be recorded prior to the Developer initiating the installation of
private improvements on the Development Property.
6.6 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.
6.7 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.
6.8 Street Lighting. Developer shall be responsible for the cost of purchase and
installation of street lights. The improvement shall not be accepted until installation
of street lights are completed.
12
6.9 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 Administrator
City of St. Joseph
P.O. Box 668,
St. Joseph, MN 56374
If to the Developer at: Fortitude Senior Living of St. Joseph LLC
Tom A. Opatz
410 Luella Street
Watkins MN 55389
6.10 Incorporation of Documents by Reference. All of the Development Plan documents
identified in attached Exhibits A - E are incorporated by reference in this Agreement.
6.11 License to Enter Land. The Developer hereby grants the City, its agents, employees,
officers and contractors a license to enter the Property to perform inspections
deemed appropriate by the City during the development of the Property.
6.12 Certificate of Compliance. This Agreement shall remain in effect until such time as
Developer shall have fully 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 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
Certificate of Compliance shall be in recordable form and shall constitute prima facie
evidence that the Developer has performed its duties and obligations under this
Agreement and this agreement is terminated.
6.13 Assignment. At any time before a Certificate of Compliance has been issued, this
Agreement may not be assigned by Developer except upon obtaining the express
written consent of the City.
6.14 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.
6.15 Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
6.16 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of
the State of Minnesota.
13
6.17 Representation. JKA Ltd. represents the City with regard to this Agreement.
Developer is hereby advised to seek, and has consulted, an independent legal advisor
prior to the execution of this Agreement.
6.18 Reimbursement of City's Costs. The Developer shall reimburse the City for all
costs, including all reasonable engineering, legal, planning, and administrative
expenses, incurred by the City in connection with all matters relating to the
negotiation, administration, and enforcement of this Agreement and its performance
by the Developer. 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 refuses
the issuance of building permits until all costs are paid in full.
7.0 DEFAULT AND REMEDIES
7.1 Default. Failure by the Developer to observe and perform any covenant, condition, or
obligation contained in this Agreement shall be considered a default by the
Developer under this Agreement.
7.2 Right to Cure. The City shall give the Developer written notice of any default under
this Agreement. The Developer shall have 10 days in which to cure the default (or in
which to commence good faith efforts to cure if the default is one which cannot
reasonably be cured in 10 days).
7.3 Remedies. If an event of default is not cured by the Developer within the applicable
cure period, the City may do any, all or any combination of the following:
(a) halt all further approvals regarding improvements or issuance of building
permits or occupancy permits relating to the Development Property;
(b) seek injunctive relief,
(c) take any other action at law or in equity which may be available to the City.
Effective as of the day and year first written above.
DEVELOPER:
BY
Tom A. Opatz
STATE OF MINNESOTA )
ss
COUNTY OF STEARNS )
14
This instrument was acknowledged before me on , 2016, by Tom A Opatz
the of Fortitude Senior Living of St. Joseph LLC, executed the above
Agreement on behalf of said corporation.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
CITY:
ATTEST CITY OF ST. JOSEPH
By By
Judy Weyrens Rick Schultz
City Administrator Mayor
STATE OF MINNESOTA )
ss
COUNTY OF STEARNS )
This instrument was acknowledged before me on 2016, by Rick Schultz,
Mayor and Judy Weyrens Administrator of the City of St. Joseph, a Minnesota Municipal
Corporation executed the above Agreement on behalf of said company.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY:
Thomas G. Jovanovich—5284X
JKA Ltd.
15
11 Seventh Avenue North
PO Box 1433
St. Cloud MN 56302
Telephone: (320) 251-1055
16
EXHIBIT A
PLANS AND DRAWINGS
17
EXHIBIT B
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 for bids
❑ Complete bid schedule
❑ Basis of award if alternate bids are called for
❑ Performance and payment bond forms approved by the City
18
EXHIBIT B (continued)
❑ General Conditions
❑ Special/supplementary provisions including the following:
■ Contractor's liability insurance
■ Related work at the site (private utilities, other contractors)
■ Correction period(2-year warranty)
■ Mediation as means for dispute resolution
■ Substantial and final completion dates (allow for holding off on wear course)
■ Ownership/disposition of excess excavation materials
■ Field office
■ Shop drawing and submittals process
■ Laboratory testing requirements including an itemized list of tests to be conducted
■ Soil borings
❑ Storm Water Pollution Prevention Plan(SWPPP)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
19
EXHIBIT C
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"04") 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
❑ 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
❑ Two(2)copies ofNPDES 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
❑ 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, storm water, sanitary sewer and
watermain improvements.
20
EXHIBIT D
EROSION CONTROL PROCESS
Task Responsible Party Action By
Prepare SWPPP and obtain General Storm-Water Developer(private) or City Developer's Engineer if private
Permit from MPGA. (public)project. project, City Engineer if public
proj ect.
Establish erosion/sediment control and mass Developer(private) or City Contractor
grade the site. (public)project.
Place topsoil, seed,mulch except on boulevards Developer(private)or City Contractor
and front yard utility easements. Bring (public)project.
transformer pads to grade. Wait for private
utilities.
After curb and gutter is in,install private utilities Developer. Private Utility companies.
in easement area.
After utilities are in,construct sidewalk. Developer(private) or City Contractor
(public)project.
Place topsoil, seed, and mulch on remaining Developer(private) or City Contractor
disturbed areas. (public)project..
Complete"as-built"survey for all site grading. Developer(private)or City Developer's Engineer if private
This now becomes the"Development Plan" (public)project. project, City Engineer if public
proj ect.
Place silt fence behind curb(or sidewalk) Developer(private)or City Contractor
throughout development. (public)project.
Set Property Irons. Developer Developer's Surveyor
Transfer permit to Developer when construction Developer(private)or City Developer's Engineer if private
is complete. (public)project project, or City Engineer if public
proj ect
Sell lot. Issue MPCA homeowner fact sheet,and Developer Developer
make Development Plan and SWPPP available to
Builder.
Submit building permit application. Include site Owner Builder
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 sold. Developer, or Builder if sold.
control items.
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.
Issue Certificate of Occupancy. City City
Submit"Notice of Termination"to MPCA within Developer Developer
30 days of final site stabilization and removal of
all non-builder silt fence and other
erosion/sediment control items.
21
CITY OF ST. JOS PI"-1.
Resolution 2016-041
RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT(PUD)
AMENDMENT AND PRELIMINARY PLAT
Fortitude Senior Living of Saint Joe LLC
WHEREAS, the St. Joseph Planning Commission held a public hearing on the Planned
Unit Development (PUD) and preliminary plat of Graceview Estates on December 3, 2001, at
which time all persons wishing to be heard regarding the matter were given an opportunity to be
heard; and
WHEREAS, the St. Joseph Planning Commission recommended approval of the
Graceview Estates PUD with mixed housing, including single family and multiple family residential
housing on December 19, 2001; and
WHEREAS, the City Council approved the Graceview Estates PUD with mixed housing,
including single family and multiple family residential housing and preliminary plat on March 7,
2002; and
WHEREAS, the City Council approved an amendment to the Graceview Estates PUD to
increase the density and allow two story single family homes on June 15, 2006; and
WHEREAS, the St. Joseph Planning Commission held a public hearing on the request to
amend the PUD of Graceview Estates and on the preliminary plat of Fortitude Senior Living of
Saint Joe LLC on the property legally described as Outlot A, Graceview Estates, according to the
recorded plat thereof, Stearns County, Minnesota on July 11, 2016, at which time all persons
wishing to be heard regarding the matter were given an opportunity to be heard; and
WHEREAS, on July 11, 2016, the St. Joseph Planning Commission reviewed the proposed
PUD amendment and preliminary plat to allow for the construction of a three story, 47 unit senior
apartment facility and recommended approval; and
WHEREAS, the 2008 Comprehensive Plan of the City of St. Joseph identifies Outlot A,
Graceview Estates as Multiple Family Residential as illustrated on Map 4-1 St. Joseph Existing
Land Use; and
WHEREAS,the proposed plat has been reviewed by the city engineer; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST.
JOSEPH, MINNESOTA: That the PUD and preliminary plat of Fortitude Senior Living of Saint
Joe LLC be approved with the following conditions:
1. All engineering and fire department issues are resolved.
2. Prior to the issuance of the building permit, a copy of the recorded trail easement and any as-
builts for public improvements must be submitted to the City Engineer for approval. Construction
of the 8 foot bituminous trail will need to meet city specifications and will be the responsibility of
the developer/applicant.
3. Provide additional conifer trees northwesterly boundary and south of the detached garages.
Provide additional trees on the north side of the entrance drive.
4. Outlot A Fortitude Senior Living of St. Joe, LLC is limited to a maximum density of 4 living
units. The density shall not be increased unless the property owner requests an amendment to the
PUD requiring a public hearing for both an amendment and preliminary plat.
5. Outlot A Fortitude Senior Living of St. Joe LLC, cannot be developed as an outlot therefore any
development will required final platting and a site plan. Cost of improvements, including but not
limited to street, sidewalk, utilities will be the responsibility of the developer.
6. Site plan approval is required prior to the issuance of a building permit.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council
this 18th day of July, 2016.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
City Administrator
IA"'�\
i��J ,�A
CITY OF ST. JOSEPH
Resolution 2016-042
RESOLUTION APPROVING THE FINAL PLAT
Fortitude Senior Living of Saint Joe LLC
WHEREAS, the St. Joseph Planning Commission held a public hearing on the preliminary plat of
Fortitude Senior Living of Saint Joe LLC on July 11, 2016, at which time all persons wishing to be heard
regarding the matter were given an opportunity to be heard; and
WHEREAS,the City Council adopted a resolution approving the preliminary plat as presented; and
WHEREAS,a final plat for Fortitude Senior Living of Saint Joe LLC has been submitted which
indicates that the final plat is consistent with the preliminary plat.
WHEREAS,the proposed plat has been reviewed by the city engineer; and
BE IT RESOLVED that the City Administrator and Mayor are hereby authorized to execute the
Development Agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA: That the final plat of Fortitude Senior Living of Saint Joe LLC be approved with the
following conditions:
I. All engineering and fire department issues are resolved.
2. Prior to the issuance of the building permit, a copy of the recorded trail easement and any as-
builts for public improvements must be submitted to the City Engineer for approval. Construction
of the 8 foot bituminous trail will need to meet city specifications and will be the responsibility of
the developer/applicant.
3. Provide additional conifer trees north and south of the detached garages. Provide additional trees
on the north side of the entrance drive.
4. Outlot A Fortitude Senior Living of St. Joe, LLC is limited to a maximum density of 4 living
units. The density shall not be increased unless the property owner requests an amendment to the
PUD requiring a public hearing for both an amendment and preliminary plat.
5. Outlot A Fortitude Senior Living of St. Joe LLC, cannot be developed as an outlot therefore any
development will required final platting and a site plan. Cost of improvements, including but not
limited to street, sidewalk, utilities will be the responsibility of the developer.
6. Site plan approval is required prior to the issuance of a building permit.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18"'
day of July, 2016.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Judy Weyrens, Administrator