Loading...
HomeMy WebLinkAbout2011-03-16 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 3116111 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving the final plat for The Waters at Michael's Pointe, a residential neighbor- hood consisting of 14 single- family lots located north of The Preserve at Cottage Grove and west of Jamaica Avenue, STAFF RECOMMENDATION Adopt the resolution approving the final plat for The Waters at Michael's Pointe. ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 3/10/11 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Final Plat ADMINISTRATORS COMMENTS City Administrator Date COUNCIL ACTION TAKEN: APPROVEC ■� ■• ` CITY OF COTTAGE GROVE MINNESOTA TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: March 10, 2011 RE: The Waters at Michael's Pointe — Final Plat Approval Introduction Wolterstorff L.P. has filed a final plat application to develop a single - family residential neigh- borhood named The Waters at Michael's Pointe. This project consists of 14 single - family lots and is located north of The Preserve at Cottage Grove subdivision and west of Jamaica Avenue. A copy of The Waters at Michael's Pointe plat is attached. The VWaters at Michael's ointe el� ell an _ J� �. The Preserve at Cottage Grove y - W / E � � � "STS C S_ 22� _ a i ,o T ♦' • • The preliminary plat for this project was approved by the City Council on July 11, 2007. The street and lot layout for the final plat is consistent with the approved preliminary plat. This final plat was distributed to other city departments and utility companies for review and comment. No comments were received. Honorable Mayor, City Council, and Ryan Schroeder The Waters at Michael's Pointe — Final Plat Approval March 10, 2011 Page 2 of 2 •, WolterstorIf L.P. will construct the public improvements. A development agreement will be pre- pared and presented to the developer for their signature. Once the developer signs the agree- ment, it will be presented to the City Council for final action. The agreement will require the developer to provide to the City a letter of credit as a surety for the construction of the public improvements; an irrevocable letter of credit or cash deposit for the on -site improvements like erosion control, street sweeping, yard sod, etc.; and a cash escrow deposit for the necessary security for engineering, legal, and administrative expenses the City might incur. The devel- oper is required to pay cash for area charge fees, park fees, sealcoating, street light utility fees, boundary markers, major road fee curb box inspections, and street light fixtures. The City Engineer is reviewing the construction plans for the public improvements. During the construction process, the City will perform inspections of the improvements. Once all the public improvements have been constructed, a report and recommendation from the City Engineer will be presented to the City Council to accept the public improvements. A draft resolution approving the final plat is attached. Recommendation That the City Council adopt a resolution approving the final plat for The Waters at Michael's Pointe, subject to conditions. S Y H < li n e 3 „01,Z0.tON 94 Z6L vm. is o. az'st se 'L P r. j "b.O�J Ins V` 9' F A 9 _1 S Y H < li n e 3 „01,Z0.tON 94 Z6L is o. az'st se 'L P r. j T L£.685 ^ CL \ \ A \ I J Y \L O 3 G J c m I e S Y H < li n e 3 „01,Z0.tON 94 Z6L RESOLUTION APPROVING THE FINAL PLAT NAMED THE WATER AT MICHAEL'S POINTE WHEREAS, Wolterstorff L.P. has applied for final plat approval of a residential subdivi- sion named "The Waters at Michael's Pointe." This plat consists of 13 lots for detached single - family homes and five outlots, all of which are located on property legally described as: That part of the North 792.21 feet of the Northwest Quarter of the Southwest Quarter of Section 3 and that part of the North 792.21 feet of the Northeast Quarter of the South- east Quarter of Section 4, all lying westerly of Jamaica Avenue South, all in Township 27 North, Range 21 West, Washington County, Minnesota, subject to Jamaica Avenue. TOGETHER WITH Outlots C and E, THE PRESERVE AT COTTAGE GROVE, Washington County, Minnesota. WHEREAS, the Planning Commission held a public hearing on June 25, 2007, to review the preliminary plat application filed by WAI Continuum. The Planning Commission unanimously recommended approval of this application, subject to certain conditions; and WHEREAS, the City Council subsequently accepted the Planning Commission's recom- mendation and approved the preliminary plat (Resolution No. 07 -129) on July 11, 2007; and WHEREAS, Wolterstorff L.P. requested that the City of Cottage Grove extend the expira- tion date of Resolution No. 07 -129 to September 1, 2010. The City Council granted the extension on September 3, 2008 by adopting Resolution No. 08 -158; and WHEREAS, Wolterstorff L.P. requested that the City of Cottage Grove extend the expira- tion date of Resolution No. 08 -158 to November 7, 2012. The City Council granted the extension on November 3, 2010 by adopting Resolution No. 2010 -173; and WHEREAS, City staff found the final plat substantially consistent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the final plat application filed by Wolterstorff L.P. for development of a residential subdivision named THE WATERS AT MICHAEL POINTE consisting of 13 lots for detached single - family homes and five outlots, sub- ject to the following conditions: 1. The developer must abide by the 21 conditions stipulated in Resolution No. 07 -129, approving the preliminary plat. 2. The developer must enter into a development agreement with the City of Cottage Grove, pursuant to Title 10 -3 -3 of the City's Subdivision Ordinance. Resolution No. 2011 -XXX Page 2 of 9 3. All utility, drainage, and development plans with specifications must conform to the intent of the plans prepared by James R. Hill, Inc. and dated March 7, 2011. These plans shall be approved by the City Engineer prior to issuance of any building per- mit. The Developer may start rough grading of the lots before the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required securities. 4. The development of this project must comply with the grading and erosion control plans as approved by the City Engineer. 5. All emergency overflow swales must be identified on the Grading and Erosion Control Plan. 6. Erosion control must be performed in accordance with the recommended prac- tices of the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the conditions stipulated in Title 10 -5 -8, Erosion Control During Construction, of the City's Subdivision Ordinance. 7. Upon completing site grading, four copies and one pdf format of the "As- Built" survey for the site grade elevations must be submitted to the City. 8. It is the developer's responsibility to keep active and up to date the developer's con- tract and financial surety (e.g. Letter of Credit, etc.). These documents must remain active until the developer has been released from any further obligation by City Council motion received in writing from the City Engineer. 9. The developer must furnish an irrevocable letter of credit for the off -site improve- ments to ensure that the developer will construct or install and pay for the following: a. Pave streets b. Concrete curb and gutter c. Hard surface driveways d. Street lights e. Mailboxes f. Water system (trunk and lateral) and water house service stubs g. Sanitary sewer system (trunk and lateral) and sanitary house service stubs h. Storm sewer system i. Street and traffic control signs /signals j. Shaping and sodding drainage ways and berms in accordance with the drainage development plan approved by the City Engineer k. Adjust and repair new and existing utilities I. Sidewalks and trails m. Erosion control, site grading and ponding n. Surveying and staking o. Park and storm water basin boundary markers These improvements are all in conformance with City approved plans and specifica- tions and will be installed at the sole expense of the developer in conformance with Title 10, Chapter 5 of the City Code; or if in lieu of the developer making said im- Resolution No. 2011 -XXX Page 3 of 9 provements, the City proceeds to install any or all of said improvements, under the provisions of Chapter 429 of the Minnesota Statutes, the City Council may reduce said Letter of Credit by the amounts provided, upon the ordering, for those public improvements so undertaken. The Letter of Credit must have the same expiration date as the Developer's contract. The bank and form of the security is subject to the reasonable approval of the City. The security shall be automatically renewing. The term of the security may be ex- tended from time to time if the extension is furnished to the City at least forty -five (45) days prior to the stated expiration date of the security. If the required public im- provements are not completed, or terms of the Development Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the city may draw down the letter of credit. The City may draw down the security without prior notice for any default of the Development Agreement. 10. A Developer's cash escrow must be posted with the City's Finance Director in a non - interest bearing account to cover engineering, legal and administrative costs in- curred by the City. If this account becomes deficient it shall be the developer's responsibility to deposit additional funds. This must be done before final bonding obligations are complete. 11. An engineering cash escrow must be deposited with the City's Finance Director in a non - interest bearing account to cover costs of City services, expenses, and mate- rials provided in reviewing and processing of the final plat, including but not limited to staff time, legal expenses, office and field inspections, general inspections, and all other city staff services performed. 12. The developer must deed to the City Outlots A and E for public park and open space. The developer owns an additional 52 acres of land north of The Waters at Michael's Pointe. The Waters at Michael's Pointe is the first phase of development and is about one -third of the entire acreage owned by the developer but has about 70 percent of the Shepard's Woods Pond water surface area; park fees will not be required to be paid because there is 18.53 acres of land being dedicated for public park and open space. Approximately 13.55 acres of this land area is below the high water elevation. Credit toward the minimum land dedication requirements is based on the buildable land, which excludes the 75 feet of right -of -way for Jamaica Avenue, the cumulative area below the high water elevation, and the stormwater basin in Outlot B. Based on the city ordinance requirement that a minimum of 10 percent of the buildable area be dedicated, this project is required to dedicate 1.123 acres. Outlot E is 3.03 acres of land. Because the developer is required to deed to the City more land than what is required by ordinance, 1.9 acres will be credited toward the future development of the applicant's land north of this project. A future public trail will be constructed around Shepard's Woods Pond. 11 The Homeowner's Association is responsible for the maintenance of all vegetation and landscaping lying within Outlots B, C, and D. The City will rough cut the vegetation within the Outlots B, C, and D twice per year if the Homeowner's Asso- ciation does not maintain these areas. Resolution No. 2011 -XXX Page 4 of 9 14. The Developer shall pay a storm water area charge of $41,427.76. This fee is due and payable at the time of executing this Development Agreement. Storm water area charge for subsequent phases shall be calculated and paid based upon requirements in effect at the time the development agreements for those phases are entered into. 15. The Developer shall pay a waterworks area charge of $30,739.44. This fee is due and payable at the time of executing this Development Agreement. Waterworks area charge for subsequent phases shall be calculated and paid based upon requirements in effect at the time the development agreements for those phases are entered into. 16. The Developer shall pay a sanitary sewer area charge of $71,146.76. This fee is due and payable at the time of executing this Development Agreement. Sanitary sewer area charge for subsequent phases shall be calculated and paid based upon requirements in effect at the time the development agreements for those phases are entered into. 17. The City will supply the street light poles and luminaries. The Developer will pay the City for street light poles and for street light luminaries. The payment is due and payable at the time of executing this Development Agreement. 18. The Developer shall pay the City $1,029.60 for street light utility and surcharge fee. This fee is due and payable at the time of executing this Development Agreement. 19. The Developer agrees to pay for initial sealcoating of streets and trails in the sub- division. This fee shall be deposited in the City's street sealcoating fund upon ex- ecution of the Development Agreement. The City agrees to sealcoat the streets in the subdivision no later than two years after 90 percent of the houses within the subdivision have been constructed. 20. The Developer is responsible for establishing the final grades, topsoil, and seed- ing of all the residential lots within The Waters at Michael's Pointe. The City is re- sponsible for planting 15 deciduous trees within the public right -of -way of each lot, two trees on corner lots. The developer must complete the landscaping as shown on the approved landscaping plan for ®utlots B, C and D in The Waters at Michael's Pointe. 21. After the site is rough graded, but before any utility construction commences or building permits are issued, the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. 22. All areas disturbed by the excavation and back - filling operations shall be fertilized, mulched and disc anchored as necessary for seed retention. Time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emer- gency determined at the sole discretion of the City, the City may take such action as Resolution No. 2011 -XXX Page 5 of 9 it deems appropriate to control erosion immediately. The City will notify the Devel- oper in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations. If the Developer does not reim- burse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 23. The Developer is responsible for Erosion Control inspection fees at the current rates. If the Developer does not reimburse the City for the costs the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 24. Burying construction debris, trees, shrubs, and other vegetation is prohibited on the site. 25. Dust control measures must be in place to prevent dust and erosion, including, but not limited to daily watering, silt fences, and seeding. The City Engineer may impose reasonable measures to reduce dust at the site. 26. During construction, streets must be passable at all times, free of debris, materials, soils, snow, and other obstructions. 27. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended. 28. Approval of Title by the City Attorney. 29. One building permit will be issued before all public utilities, including street lights, and streets have been installed. The developer and builder must provide vehicular access to the one building throughout the building construction process. Once all the public utilities and street base have been constructed, other building permits can then be issued. Also, the City must have all the necessary right -of -way and /or easements needed for the property to be serviced. 30. The applicant shall agree to perform a comprehensive search to locate any existing wells on the property. All located and unused wells are to be properly abandoned and sealed, 'in accordance with applicable County and State law. 31. A final plat showing the correct square footage for each lot area must be submitted prior to recording the final plat with the Washington County Recorder's office. 32. All drainage and utility easements as recommended by the City Engineer must be shown on the final plat and dedicated to the City for public purposes. 33. The final plat and declaration of private covenants must be recorded with the Wash- ington County Recorder's Office before any building permit can be issued. 34. Before final financial guarantees are released, a certificate signed by a registered engineer must be provided. This certificate will state that all final lot and building Resolution No. 2011 -XXX Page 6 of 9 grades are in conformance to drainage development plan(s) approved by the City Engineer. 35. Adequate dumpsters must be on site during construction of streets, utilities, and houses. When the dumpsters are full, they must be emptied immediately or re- placed with an empty dumpster. The developer is responsible to require each builder to provide an on -site dumpster to contain all construction debris, thereby preventing it from being blown off -site. 36. Adequate portable toilets must be on -site at all times during construction of utilities, roadways, and houses. At no time shall any house under construction be more than 250 feet away from any portable toilet. Toilets must be regularly emptied. 37. The Developer is responsible for completing the final grade on all lots and ensuring all boulevards and yards have a minimum of four inches of organic topsoil or black dirt on them. Placement of organic topsoil or black dirt, sod, and shrubs must not be transferred to homeowners. 38. Irrigation systems installed within City right of way are solely the developers, home- owners association or individual homeowner's responsibility and risk. The City is not responsible or liable for any damage or relocation as a result of City use of or future changes in the right of way. 39. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three -foot wall with a back slope greater than four -to- one shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer as evidence that the retaining wall was constructed in accordance with the approved plans and specifications. 40. Upon completion of the work, the Developer shall provide the City with a full set of as -built plans for City records and transmitted to the City in a DWG Autocad format and pdf format. Developer must also furnish the City with a pdf format of the final plat and four prints of the recorded plat. If the Developer does not provide as- builts, the City will produce them at the Developer's expense. 41. The City will not have any responsibility with respect to any street or other public im- provement unless the street or other public improvement has been formally ac- cepted by the City. Upon completion of the improvements, the developer may request, in writing, their acceptance by the City. This request must be accompanied by proof that there are no outstanding judgments or liens against the land upon which the public improvements are located. Upon the City's receipt of a written re- quest for acceptance from the developer, the City Engineer will conduct a final in- spection of the public improvements and will furnish a written list of any deficiencies noted. The City Engineer will base the inspection on compliance with the approved construction plans, profiles and specifications, as required by the city ordinance. Upon satisfactory completion of all construction in accordance with the approved plans, profiles, and specifications, as certified by a registered engineer in the State Resolution No. 2011 -XXX Page 7 of 9 of Minnesota, and receipt of reproducible record drawings and satisfactory test re- sults, the City Engineer will notify the developer in writing of the City's approval of the public improvements and schedule the request for acceptance for review by the City Council. 42. Upon acceptance by the City Council, all responsibility for the improvements must be assumed by the City, except that the developer is subject to a one year warranty on the construction of the improvements from the time of acceptance by the City of all public improvements. 43. The plat shall be developed in one phase. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Re- corder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. 44. All sidewalks to be constructed as part of the development must be completed be- fore building permits will be issued. If a sidewalk exists on or next to a parcel that is to be built upon and if any part of that sidewalk is damaged; the builder must repair the damaged walkway before a Certificate of Occupancy is issued for that particular parcel. 45. The Developer grants the City, its agents, employees, officers, and contractors permission to enter the site to perform all necessary work and /or inspections during the installation of public improvements by the City. 46. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from con- struction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials shall be properly disposed of off - site. Burning of trees and structures is prohibited, except for fire training only. 47. The Developer will be required to conduct all major activities to construct the public improvements during the following hours of operation: Monday through Friday Saturday Sunday 7:00 A. M. to 7:00 P.M. 8:00 A.M. to 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24 -hour basis such as de- watering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occur- rence. 48. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction Resolution No. 2011 -XXX Page 8 of 9 of the home, but a paved driveway must be completed before the City will issue a certificate of occupancy for that property. See City Standard Plate ERO -7 for con- struction requirements. The water service line and shut -off valve shall not be located in the driveway. 49. The Developer is responsible for the control of grass and weeds in excess of eight inches on vacant lots or boulevards within their development. Failure to control grass and weeds will be considered a Developer's default and the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. 50. The wetland buffer for a protected wetland is 100 feet, but the actual buffer strip can be averaged, but must not be less than 50 feet in width. The 100 -foot aver- aged buffer strip is measured along a perpendicular line from wetland edge to the buffer edge. This area must be a natural vegetative area that is not mowed or fertilized by abutting property owners. 51. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work by this Develop- ment Agreement. 52. Developer will provide to the City copies of bids, change orders, suppliers, sub- contractors, etc., relating to the work to be performed by the Developer. 51 Developer is responsible for all street maintenance, upkeep and repair of curbs, boulevards, sod, and street sweeping until the project is complete. All streets must be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on said street(s) and directing them to detour routes. If and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer must maintain a smooth driving surface and adequate drainage on all streets until they are completed and accepted by the City. Developer hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Developer's acts or omissions in performing the obliga- tions imposed upon Developer by this paragraph. 54. The Developer shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The Developer agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the city administrator. 55. The Developer must place iron monuments at all lot and block corners and at all other angle points on property lines. Iron monuments must be placed after all site and right -of -way grading has been completed in order to preserve the lot markers for future property owners. Resolution No. 2011 -XXX Page 9 of 9 56. The Developer must make all necessary adjustments to the curb stops, gate valves, and metal castings to bring them flush with the topsoil (after grading). 57. The Homeowner's Association(s) or the homeowner that has a sidewalk on their property is responsible for maintaining the sidewalks. Such maintenance includes, but is not limited to, sweeping and promptly removing ice and snow or other obstruction to ensure the safe passage of pedestrians. 58. The Developer must remove all dead and diseased trees, all other debris, and fencing materials that serve no practical use. This work must be completed prior to the issuance of a building permit. 59. The City will provide to the Developer the street name plates and poles. The De- veloper must pay the City for the costs of labor and materials for these street name signs before any building permit is issued. 60. The City's curb replacement policy must be complied with. Passed this 16th day of March, 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk