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HomeMy WebLinkAbout[05] Final Plat, Liberty Pointe 3rd Addition Council Agenda Item 5 MEETING DATE: April 20, 2020 rd AGENDA ITEM: Final Plat, Liberty Pointe 3 Addition SUBMITTED BY: Community Development STALL RECOMMENDATION: Provide Direction Only PREVIOUS COUNCIL ACTION: The City Council approved the preliminary plat of Liberty Pointe in 2003. BACKGROUND INFORMATION: St. Joseph Vista LLC/Sand Companies will be presenting to the City Council. Applicant Information: St. Joseph Vista LLC, Developer Existing Zoning: R-3 Multiple Family Residential Planned Unit Development (PUD) District Future Land Use: High Density Residential th Location: South of Minnesota St. E and The Oaks on 20 (former Delwin Ballroom) Special Information: Public Services: Engineering comments are attached. th Access: Access to the plat would be derived from 20 Ave. SE. Public right-of- th way of 50 feet in width is proposed for the future 20 Ave. SE to the east and 33 feet in width for the future Dale St. E to the south. A temporary th driveway at the existing dead end of 20 Ave. SE may provide access into the property. Wetland: There are no wetlands on the property Overall Plat Information: Size Use Block 1, Lot 1 4+/- Acres Apartment Lot Requirements would follow R-3 District- Lot Size and Width: The minimum lot width is 12,000 SF and width is 80 feet at property line and 150 feet at setback line. The lot meets the minimum requirements. Lot Requirements for R-3 Multiple Family Residential - Front Yard Setback 35 feet Side Yard (interior) Setback 20 feet, 50 feet where abuts residential) Side Yard (street) Setback 30 feet Rear Yard Setback 40 feet, 50 feet where abuts lower residential) Maximum Building Coverage 35% Maximum Lot Coverage 50% Height Limitation 3 stories, 40 feet Preliminary Plat/Transportation Plan: According to the approved Preliminary Plat and Transportation Plan, a future minor arterial street to the th east (20 Ave. SE) is to be constructed. Additionally, Dale Street E is to be extended to the east along the southern portion of the property. Typically, such public improvements are triggered by development. Trail: th A future trail is planned along the west side of 20 Ave. SE at time of construction of the street per the Comprehensive Plan, city subdivision ordinance and future trail plan. Park Dedication: Parkland dedication requirements for multi-family are 1,250 SF of land per unit or $975.00 per unit per payment in lieu of land dedication or combination. A payment in lieu is required at site plan approval prior to the issuance of a building permit. Drainage and Utility Easements: According to the City’s Subdivision Ordinance, drainage and utility easements are to be 6 feet on interior lot lines, 12 feet along roadways/public right-of-ways and over ponding areas. The plat proposes 12 foot drainage and utility easements along the public right-of-ways. Easements will be required over the ponding area and will need to be either added to the final plat or through an easement agreement. ATTACHMENTS: City Engineer’s Memo Draft Development Agreement Approved Preliminary Plat Final Plat REQUESTED COUNCIL ACTION: Provide Direction on the Development Agreement. Staff th recommends after City Council provides input on April 20, the final plat and development agreement with related Resolution would be brought forward for final action on May 4, 2020. RD LIBERTY POINTE 3 ADDITION FINAL DEVELOPMENT AGREEMENT CITY OF ST. JOSEPH, MINNESOTA THIS AGREEMENT made effective the day of , 2020, by and between the City of St. Joseph, a municipal corporation of the State of Minnesota (the “City”), and St. Joseph Vista LLC, a Minnesota Limited Liability Company (“Developer”). RECITALS A. The Developer has the right to develop the property situated in the City of St. Joseph and legally described OUTLOT C, LIBERTY POINTE, Stearns County, Minnesota (the “Subject Property”). B. The City approved the preliminary plat of Liberty Pointe to facilitate development of a Planned Unit Development with 53 single family lots, 30 twin home lots, and one multiple family Outlot on the Subject Property on March 6, 2003. C. On , 2020 the City approved the final plat of the Subject Property known as rd Liberty Pointe 3 Addition (the “Plat”) with one multiple family lot, which approval is contingent on the terms and conditions of this Agreement, including the Developer and the City entering into this Agreement. D. 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 covenants and agreements contained herein, the City and Developer agree as follows: 1 PLAT 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. An electronic copy of the recorded, final plat shall be submitted to the City Engineer in AutoCAD and Adobe PDF formats. 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. 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, Watershed District, and Northern Natural Gas) so as to enable the development of the Subject Property. Right to Proceed. Within the Plat, or within the public rights of way, 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: (a) this Agreement has been fully executed by both parties and filed with the County. PRIVATE IMPROVEMENTS The Developer agrees to construct at their expense the following private improvements: Private Utilities. All private utilities (e.g. electric, telephone, cable television and natural gas) must be installed underground within a common area. Sanitary Sewage Pump Station. The Developer shall provide, operate, and maintain a private sanitary sewage pump station on the Subject Property and sewage force main that discharges to the existing th public sanitary sewer on 20 Avenue SE, To the extent practical, the sewage force main shall be located within the public drainage and utility easements on the Developer’s property. Where said force main shall be constructed in the public right of way, it shall be located in a manner, as determined by the City, that will minimize future construction conflicts with public infrastructure. The construction documents for the sewage force main shall be reviewed and accepted by the City prior to any construction within the public right of way. The Developer shall be responsible for all repairs that may be necessary to the private sewage pump station and force main and shall be responsible for field locating said force main upon notice from th the City or the Gopher State One Call system. If public sanitary sewer service becomes available on 20 2 Avenue SE, the Developer shall connect to the public sanitary sewer within a period of one year upon notice from the City. Hard Surfaced Driveways and Parking Areas with Lighting. Hard surface access drive(s), parking lots are a requirement for the lot in the Plat and must be installed prior to the Certificate of Occupancy being issued or as soon thereafter as possible, weather permitting. The Developer shall provide th private street lighting at the connection between 20 Avenue SE and the private access drive. Access to the Property. The Developer shall construct access to the Plat by constructing a bituminous temporary private driveway in compliance with city ordinance and building and fire code as approved by the City to be located in the City Public Right-of-Way prior to the issuance of the Certificate of Occupancy. Record Drawings. Before issuance of a building permit, the Developer shall provide all record drawings for the Private Improvements constructed within the Public rights of way and public drainage and utility easements included in the Development Plan, and they must be approved by the City Engineer. Record base drawings of the private improvements shall be submitted to the City Engineer in electronic (AutoCAD) format. ADDITIONAL CONDITIONS OF APPROVAL The Developer shall also comply with the following conditions: A. Housing: that the site plan must conform to R-3 zoning standards for development, in addition to the site design standards for those projects. B. Site plan approval is required prior to building permit application. C. Civil plans, including but not limited to hydrology/hydraulic computations must be submitted for review with the site plan approval application. th D. A public water main will be constructed by the City and looped between 20 Avenue SE and Dale Street. E. Drainage and utility easements are required over storm water treatment areas and shall be recorded prior to the issuance of the building permit. th F. A road to the east of the Subject Property known as 20 Avenue SE, along with eight-foot- wide bituminous trail meeting city specifications shall be constructed in the future as determined by the City and may be specially assessed at time of such improvements. G. A trail easement for the existing pedestrian trail on Outlot C shall be provided by the Developer to the City prior to the issuance of a building permit. H. That the Developer will be required to obtain a NPDES Phase II (Construction Site) permit from the MPCA. I. That the City must have an approved grading plan submitted by the Developer for the Subject Property prior to the issuance of a building permit. DEDICATION Developer will provide to the City any and all necessary easements and/or dedications or deeding to ensure that the City has the ability to maintain, repair, replace or modify the roadways, trails, sewer, and 3 water mains, storm sewers, holding and sedimentation ponds and other public improvements located in the Plat. STORM WATER TREATMENT ARESA AND STORM WATER PIPES Cleaning of Stormwater Facilities. At such time as the City determines that construction on the Subject Property has been sufficiently completed so as not to cause significant erosion which will contaminate the storm water treatment areas servicing the Subject Property, the Developer will clean/dredge all storm water treatment areas and storm water pipes on the Subject Property. In the event the treatment areass require cleaning/dredging prior to the completion of all such construction, the City may request that the Developer complete more than one cleaning of the treatment areas. Developer is responsible for all permits relating to cleaning and dredging of treatment areas and pipes, including permits required by the Department of Natural Resources and the Army Corps of Engineers. Buffer Area Adjacent to Ponds. All storm water ponds servicing the Subject 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 required by the City in a location determined by the City in its sole discretion. Maintenance of Stormwater Improvements. Prior to issuance of a building permit, the Developer shall enter into storm water facility maintenance agreement. The Developer shall be responsible for maintaining the Stormwater Improvements and for observing all drainage laws governing the operation and maintenance of the Stormwater Improvements. The Developer shall provide the City with a schedule of reasonably acceptable to the City for the periodic inspection of the Stormwater Improvements by the Developer. The Developer shall make all such scheduled inspections, keep records of all inspections and maintenance activities, and submit such records annually to the City. The cost of all inspections and maintenance, including but not limited to skimming and cleaning the Stormwater Improvements, shall be the obligation of the Developer and its successors. Stormwater Management. Prior to issuing the Certificate of Occupancy, the following must be completed: A. Submittal of as-built drawing. B. Submittal of post-construction infiltration field-test, if applicable. C. Certification by a qualified engineer or hydrologist verifying the facility has been constructed in accordance with the accepted design specifications. D. Final site inspection by City staff or City representative. EROSION AND LANDSCAPING Erosion Control. The Developer shall comply with all requirements of the “General Storm Water Permit for Construction Activity” issued by the Minnesota Pollution Control Agency and with all requirements of the Sauk River Watershed District permit, if applicable, for construction activities and with the tasks on Exhibit A designated as the Developer’s responsibility. In addition, the City may impose additional erosion control requirements if in the opinion of the City Engineer such requirements are 4 necessary to retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties, or of City utility systems. The Developer shall comply with the erosion control plans and with any such additional instruction it receives from the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Seed shall include rye grass or other fast growing seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. SITE GRADING Site grading shall meet all the requirements set forth in the City’s Development Manual, and in the General Storm Water Permit for construction. When the site grading has been completed: A. The Developer shall verify by field survey that the site grading has been completed in accordance with the city approved grading plan. The Developer shall submit the record site grading plan to the City for approval prior to the issuance of the Certificate of Occupancy. B. Elevations shall be taken on all lot corners, all building pads, and on drainage breaks, ponding sites, ditches, and swales. Arrows shall show how the lot is to drain. C. No permanent material stockpile of any sort will be permitted on the Subject Property. Temporary stockpiles shall be placed outside of the public right of ways and easements, and shall be limited to suitable grading and construction materials generated from within the Subject Property and for use in the grading of the present Project. Excess materials not reserved for the present development, as defined by the City accepted grading plan, shall be removed from the site. Temporary stockpiles shall be limited to a maximum of twelve (12) feet in height and for a duration not to exceed eighteen (18) months. Hold Harmless Agreement. The Developer acknowledges that its failure to control erosion may cause flooding and/or damage to adjoining property owners. In such event, the Developer agrees to hold the City harmless and indemnify the City from claims of all third parties of the Developer for flooding and/or damages arising out of such failure. Further, in the event the City undertakes any corrective actions to prevent or minimize any such flooding and/or damage, the Developer agrees to hold the City harmless and indemnify the City from claims of all third parties for damages arising out of said corrective action by the City, and agrees to reimburse the City for all out of pocket expenses incurred by the City arising out of the corrective action including, but not limited to any costs necessary to re-landscape disrupted soils located with the Plat. CITY FEES Area Charges. Developer agrees to pay Sanitary Sewer Trunk Charges according to the City’s development fee schedule in effect at the time of final Plat approval in the amount of $400 per unit. Such charges shall be paid to the City prior to building permit application for the Subject Property. Park Fees. The Developer agrees to pay a park dedication fee in accordance to the City’s fee schedule prior to building permit application for the Subject Property. SAC/WAC. The Developer acknowledges that sewer and water access charges will be payable at then current rates at the time building permits are pulled for construction on the Subject Property. 5 MISCELLANEOUS Representations. The Developer represents that the Plat complies with all city, county, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations and permits thereto related. If the City determines that the Plat does not comply, the City may refuse to allow construction or development work in the Plat until compliance is achieved. Assignment. This Development Agreement cannot be assigned or transferred without the written consent of the City. A breach of the terms of this Agreement by the Developer, including the unauthorized assignment or transfer of the Agreement, will be grounds for denial of the issuance of any building permit. Waivers. The rights of the City under this Agreement are in addition to any other rights under statute, ordinance or any other agreement. The action or inaction of the City will not constitute a waiver or amendment under the provisions of this Agreement. To be binding, amendments or waivers will be in writing, signed by the parties and approved by the City Council. The City's failure to promptly take legal action to enforce this Agreement will not be a waiver or release. There is no intent to benefit any third parties and third parties will have no recourse against the City under this Agreement. Reimbursement. The Developer will reimburse the City for all costs incurred by the City in the defense or enforcement of this Agreement, or any portion thereof, including court cost and reasonable engineering and attorneys’ fees. The Developer shall also reimburse the City for any add-to-construction costs related to the installation of street lighting or private utilities within the Development and shall also be responsible for the cost of acquiring and installing street signage consistent with that used in other recent developments within the City. To ensure reimbursement of the City’s costs, the Developer shall deposit with the City $ 5,000. The City will provide the Developer with a detailed statement each month illustrating any cost deducted from the escrow account. In the event the escrow is not sufficient the City will invoice the Developer for the additional costs and payment 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. License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and/or inspections deemed appropriate by the City during the development of the Subject Property. Violation of This Agreement. If the Developer fails to perform any of the terms of this Agreement in the manner required by the City, the City shall have grounds for denial of Building or Occupancy Permits for buildings in the Plat. Agreement Binding. The terms and provision hereof shall be binding upon, and inure 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 Subject Property and shall be deemed covenants running with the land. Indemnification. The Developer will have no claim against the City and its officers and employees for damages sustained or costs incurred resulting from plat approval and development. The City 6 and its officers, agents and employees will not be personally liable or responsible in any manner to the Developer, contractor or subcontractors, suppliers, laborers, or to any other person or persons whomsoever, for any claims, demands, damages, actions, or causes of action of any kind or character whatsoever arising out of or by reason of the execution of this Agreement, or the design, performance, and completion of the work and the improvements to be provided by Developer pursuant to this Agreement. The Developer will hold the City harmless from claims by third parties, including but not limited to other property owners, contractors, subcontractors and suppliers, for damages sustained or costs incurred resulting from plat approval and the development of the Property. The Developer agrees to indemnify, defend and hold harmless the City, its agents and employees from any claim, demand, suit, action or other proceeding whatsoever by any person for any loss or damage to property or any injury to or death of any person resulting from any actions by the Developer, or its agents or contractors. Insurance. Until all of Developer’s obligations under this Agreement are fulfilled, the Developer will provide and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise. Limits for bodily injury or death will not be less than $500,000 for one person and $1,500,000 for each occurrence. Limits for property damage will not be less than $500,000 for each occurrence. The City will be named as an additional named insured on said policy and the policy shall provide that it may not be cancelled without 30 days prior written notice to the City. The Developer will file a copy of the insurance coverage with the City upon execution of this Agreement. The insurance policy obtained by the Developer is subject to City approval. In the event that the City is held liable to a third party by a court of competent jurisdiction for damages and the insurance obtained by Developer for any reason fails to cover the City, the Developer will be liable under this Agreement for any and all costs incurred or damages claimed against the City. Certificate of Occupancy. The City will not issue the certificate of occupancy for the building until the building has been connected to sanitary sewer and water, complied with the grading, building and site plans, and the access in the Development has been constructed with bituminous. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of this Agreement. DEFAULT ON AGREEMENT Events of Default. The following shall be “Events of Default” under this Agreement and the term “events of default” shall mean, whenever it is used in this Agreement (unless the context otherwise provides) any one or more of the following events: A. Failure by the Developer to observe and substantially perform any covenant, condition, obligation, or agreement on its part to be observed or performed hereunder. B. If the Developer shall admit in writing its inability to pay its debts, generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Subject Property. C. If the Developer does not pay the assessments due on the Subject Property. 7 If the Developer fails to cure the Event of Default within ten (10) days of the date of notice sent to Developer by regular first class U.S. mail, Developer agrees that the City is hereby granted the right and privilege to declare any amounts expended by the City then due and payable as liquidated damages in full, and the City may immediately bring legal action against the Developer to collect such sums expended by the City; the Developer shall be personally responsible for payment of such sums; in addition, the City shall have a lien against the Subject Property. In addition to any other remedy provided in this Agreement, and without waiver of any such right, the City may avail itself of any or all of the following remedies: 1. Halt all Plat development work and construction of Improvements. 2. Refuse to issue building permits or occupancy permits until such time as the Event of Default is cured. 3. Apply to a court of competent jurisdiction to enjoin continuation of the Event of Default. 4. Terminate this Agreement by written notice to the Developer. Addresses. The address of the Developer for the purposes of this Development Agreement is: St. Joseph Vista LLC th 366 10 Avenue South Waite Park, MN 56387 The address of the City for the purposes of this Development Agreement is: City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 IN WITNESS WHEREOF, the parties have hereunto set their hands. CITY OF ST. JOSEPH By: ____________________________ Date: _________________________ Rick Schultz, Mayor By: ____________________________ Kris Ambuehl, City Administrator ST. JOSEPH VISTA LLC, DEVELOPER By: ____________________________ Date: _________________________ Its STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) 8 The foregoing was acknowledged before me the _____ day of ____________, 2020, by Rick Schultz and Kris Ambuehl, the Mayor and City Administrator, respectively, of the City of St. Joseph. ___________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) The foregoing was acknowledged before me the _____ day of ____________, 2020, by __________________ of St. Joseph Vista LLC. ___________________________ Notary Public Drafted By: City of St. Joseph, 75 Callaway St. E St. Joseph, MN 56374 9 EXHIBIT A 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 MPCA. (public) project. project, City Engineer if public project. Establish erosion/sediment control and mass grade Developer (private) or City Contractor the site. (public) project. Place topsoil, seed, mulch except on boulevards Developer (private) or City Contractor and front yard utility easements. Bring transformer (public) project. 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 project. 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 is Developer (private) or City Developer’s Engineer if private complete. (public) project project, or City Engineer if public project 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. 10