HomeMy WebLinkAbout06-25-07 Item 7A, Planning Case 07-014 Plat of Hazelnut Park #3
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Request for Council Action
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7.A
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Council Mtg. Date:
Final Action Needed By:
James Lehnhoff
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!Motion to Approve Planning Case 07-014 for a Preliminary Plat. Final Plat, Variance, and the Development Agreement for the Plat of Hazelnut
i Park #3 Based on the Findings of Fact and the Submitted Plans as Amended by the Ten Conditions in the June 25, 2007, Planning Case
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iApprove Planning Case 07-014 for a Preliminary Plat, Final Plat, Variance. and the Development Agreement for the Plat of Hazelnut Park #3
IBased on the Findings of Fact and the Submitted Plans as Amended by the Ten Conditions in the June 25. 2007, Planning Case Report.
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MEMORANDUM
DATE:
June 25, 2007
CC Agenda Item 7.A
TO:
Mayor & City Council
James Lehnhoff, City Plannerff
Planning Case #: 07-014
Preliminary Plat, Final Plat, Variance, and the Development Agreement for
the Hazelnut Park #3 Subdivision
Barry O'Meara
PID:333023320059
FROM:
SUBJECT:
Request
Motion to Approve Planning Case 07-014 for a Preliminary Plat, Final Plat, Variance, and the
Development Agreement for the Plat of Hazelnut Park #3 Based on the Findings of Fact and the
Submitted Plans as Amended by the Ten Conditions in the June 25,2007, Planning Case Report.
Backl!round
The applicant has submitted a preliminary plat, final plat, and variance application. The
preliminary and final plat is a request to create sixteen conforming lots and one outlot in the
Hazelnut Park #3 subdivision, which is the third phase of the Hazelnut Park subdivision. The
property does not have an assigned address. It is located in the southwestern corner of Arden
Hills adjacent to Cleveland Avenue, south of Katie Lane, and west of Hazelnut Park.
If the plat is approved, the sixteen new lots would each be used for detached single-family homes
and would meet or exceed the minimum requirement of the R-3 Zone. Katie Lane would be
extended south and west through the subdivision to create a new connection to Cleveland
Avenue. The applicant is choosing to retain ownership of Outlot A; however, it would not be
developable because virtually the entire lot would be inside of a drainage easement. Although no
structures could be built on Outlot A, it could be used for gardens or other types of low impact
uses provided the uses do not interfere with drainage or any utilities. The City would not be
responsible for repairing the damage to any uses on Outlot A that may occur during maintenance
and/or repair work on Outlot A.
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Page 1 of6
The second part ofthe application is a request for a blanket variance to permit all sixteen lots to
have a 30 foot front yard setback instead ofthe typical 40 foot setback, which is the normal
requirement in the R-3 Zone. A blanket front yard setback variance was approved for the entire
Hazelnut Park subdivision in 1983 when this subdivision was first approved in Planning Case
83-001. Both the first and second phases of the subdivision permitted new homes to be
constructed at a 30 foot front yard setback. The City Attorney has determined that the original
blanket variance approval from 1983 has expired; therefore, the applicants are requesting a new
variance to continue the 30 foot front yard setback in the third phase. The applicants have
submitted a letter explaining the basis for the variance request (Attachment 3C-l of the report to
the Planning Commission).
The preliminary/final plat approval is not necessarily contingent upon approval of the variance.
However, the variance is contingent upon approval ofthe preliminary/fmal plat.
Joint Preliminary and Final Plat Review
For the Hazelnut Park #3 subdivision, a separate final plat meeting would probably not add
anything productive to the review process. The lots in the proposed subdivision conform to the
requirements of the Zoning and Subdivision Codes. Moreover, the applicant will be submitting a
developer's agreement with a financial surety to the City for the road, utility, and drainage work
that will need to be completed on the property. All drainage and utility easements will be filed
when the plat is filed with Ramsey County. The developer agreement, which is included in
Attachment 7 A-3, has been reviewed by the City Attorney and the developer.
Although the preliminary and final plat process has been combined, the City Council can still
table the application ifthere are unresolved questions or other issues.
Previous Approvals
A preliminary plat and blanket front yard setback variance for the entire Hazelnut Park
subdivision, including the phase in this application, was approved by the City in 1983 in
Planning Case 83-001. The final plat for the first phase was also approved in 1983. The second
phase was approved in 1992. In 1992, the front yard setback variance was considered to still be
in effect and, therefore, a new variance application was not required.
The proposed third phase in this application is substantial conformance with the approved 1983
preliminary plat; however, the City Attorney has determined that due to changes in the
Subdivision Code since 1983, a new public hearing and preliminary plat review is required. Had
the preliminary plat still been in effect, only a final plat would have been needed. The Planning
Commission held the official public hearing for the preliminary plat, and a second public hearing
is not required.
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Develoument Al!reement
For subdivisions that include the construction of new streets and/or public utilities, the City can
require a development agreement (Attachment 7 A-3). For this subdivision, the developer will be
taking on the responsibility of installing all road, utility, and drainage/stormwater work. The
agreement outlines the final specifications for all roads, utilities, drainage/stormwater provisions;
the performance guarantees; and other city requirements to ensure that the development is
implemented as approved. All road, utility, and stormwater work are subject to City review,
inspection, and approval prior to the roads and utilities being turned over to the City. The City
Attorney prepared the agreement. The developer is currently reviewing the agreement, and there
may be minor changes made prior to the Council meeting. If any changes are needed, revised
copies will be provided prior to or at the meeting.
Findinl!s of Fact
The Planning Commission offers the following fourteen findings of fact for review:
Zoning Code Findings:
1. The lot layouts in the preliminary and final plat proposal meet or exceed all of the
requirements of the underlying R-3 Zone, including minimum lot size, lot width
(from a 30 or 40 foot setback), and lot depth.
2. All sixteen lots in the preliminary and final plat are capable of accommodating a
detached single family dwelling that meets all required setbacks and coverage limits
without any additional variances.
Subdivision Ordinance Findings:
3. The proposed lot layouts meet or exceed all of the requirements of the City of Arden
Hills Subdivision Code.
4. The extension of Katie Lane meets or exceeds the street layout requirements of the
Subdivision Code. The design of the road is subject to City Engineer and Public
Works approval.
5. All sixteen lots are adjacent to the public right-of-way and capable of supporting
separate driveways.
6. The final utility, road, and drainage plans are subject to City Engineer and Public
Works approval prior to any work being done on the property.
7. The plat proposal includes the necessary drainage and utility easements along lot lines
as required by the Subdivision Ordinance that will be dedicated to the City.
8. The drainage areas and stormwater pond areas are included in a drainage easement
that will be dedicated to the City.
9. The park dedication fee was satisfied in 1975 and no additional park dedication fee is
required with this subdivision.
10. The proposal has been submitted to the Rice Creek Watershed District for review.
\\Metro-inet.uslardenhills\Planning\Planning Cases\2007\07-014 Hazelnut Subdivision 3 Preliminary Plat - Final Plat - Variance (PC
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Variance Findings
11. The blanket ten foot front yard setback reduction is a reasonable use in the R-3 Zone
because it continues the style and type of development in other parts of the R-3 Zone.
The other parts of the Hazelnut Park subdivision have smaller front yards in favor of
larger rear yards.
12. According to the applicant, there are unique circumstances related to the topography
and location of the parcel that has created a hardship that warrants approval of the
blanket ten foot front yard setback variance. Approving the variance would reduce
the impact of the hardship. The applicant has submitted the following findings of
fact:
1. The land has steep rear slopes on Lots 1,2,4,5,6, and 7 of Block 1;
ll. Wetlands in the rear of Lots 7 and 9 of Block 2;
Ill. Lots 1-5 of Block 2 are bordered by the City trail and power line.
13. The ten foot front yard setback reduction would not change the character of the
neighborhood. The setback reduction would continue the neighborhood character, in
terms of dwelling location, of the Hazelnut Park # I and #2 subdivisions.
14. The variance reduction is not based on economic considerations alone. The request is
based on the character and style of the surrounding development as well as
topographical and location difficulties.
Recommendation
The Planning Commission reviewed Planning Case 07-014 and unanimously recommends
approval of the preliminary plat, fmal plat, and variance for the plat of Hazelnut Park #3 based
on the findings of fact and the submitted plans as amended by the following ten conditions:
1. The applicant shall submit an approved road access permit from Ramsey County to
the City before any work begins for the construction of Katie Lane.
2. Any changes to the grading or erosion control plan shall be subject to approval by the
City Engineer before any changes are implemented.
3. The applicant shall obtain all necessary permits from the Rice Creek Watershed
District, Ramsey County, the Metropolitan Council, the State of Minnesota
Department of Natural Resources and any other governing agencies where applicable
before the final plat is executed.
4. The applicant shall provide an as-built survey upon completion of the project.
5. The applicant shall submit updated title work prior to the City Council review of the
Plat.
6. The developer's agreement shall be reviewed by the City Attorney and approved by
the City Council before the City Council executes the Final Plat.
7. The applicant shall supply three new trees for each lot in the subdivision. Credits
may be given for lots with existing healthy trees. New coniferous trees shall be at
least six feet tall and deciduous trees shall be at least two and one half caliper inches.
The plantings may be phased with lot development provided the phasing is included
in the development agreement. The applicant shall submit a tree planting plan prior
to execution of the final plat.
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8. The proposed extension of Katie Lane shall start at Cleveland Avenue and be built to
the current ending of Katie Lane in order to reduce truck, noise, and dust impacts on
the existing residential properties and to reduce wear on Katie Lane.
9. The applicant shall be responsible for repairing any damage done to Katie Lane
and/or paying the cost of fixing any damage done to Katie Lane during the road,
utility, and drainage/stormwater system construction process. All repairs shall meet
City standards and will be subject to City Engineer approval and inspection.
10. All of Outlot A shall be incorporated into a drainage easement and shall be deemed
not developable.
Because the development agreement is integral to the approval, Staff has included the
development agreement in the motion for approval.
Options
1. Approve the proposal as submitted.
2. Approve the proposal with conditions.
3. Deny the application with reasons for denial. If the City denies the petitioners request, "...it
must state in writing the reasons for the denial at the time it denies the request."
4. Table for additional information.
Deadline for Al!encv Actions
Preliminary Plat and Final Plat
The City of Arden Hills received the completed plat application for this request on May 18,
2007. Pursuant to Minnesota State Statue 462.358 Subd 3b, the City shall approve or disapprove
the plat within 120 days following delivery of an application completed in compliance with the
municipal ordinance by the applicant to the municipality, unless an extension ofthe review
period has been agreed to by the applicant. The City must make a final decision on the
application no later than August 18,2007.
Variance
The City of Arden Hills received the completed application for this request on May 18, 2007.
Pursuant to Minnesota State Statute, the City must act on this request by July 15, 2007 (60 days),
unless the City provides the petitioner with written reasons for an additional 60 day review
period. The City may with the petitioners' consent extend the review period beyond the 120
days.
IlMetro-inet.uslardenhillsIP/anninglPlanning Cases\2007\07-014 Hazelnut Subdivision 3 Preliminary Plat -Final Plat - Variance (PC
Approval) 1062507 - CC Report - Hazelnut Park #3.doc
Page 5 of6
Attachments
7A-l
7A-2
7A-3
7A-4
Draft Planning Commission Minutes - June 6, 2007
Public CommentslLetters
Development Agreement
June 6, 2007, Report to the Planning Commission-
htto:/ /www.ci.arden-hills.mn.us
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Attachment 7 A -1
Draft Planning Commission
Meeting Minutes
From June 6, 2007
June 25, 2007, City Council Meeting
ARDEN HILLS PLANNING COMMISSION -JUNE 6, 2007
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C. PLANNING CASE #07-014 - PRELIMINARY PLAT. FINAL PLAT AND
VARIANCE FOR THE SUBDIVISION OF HAZELNUT PARK SUBDIVISION #3
- PUBLIC HEARING
Mr. Lehnhoff stated the applicant is requesting approval of a preliminary plat and final
plat to create sixteen conforming properties in the Hazelnut Park #3 subdivision. The
applicant is also requesting a blanket variance to reduce the front yard setback
requirement from 40 feet to 30 feet on all sixteen of the properties. Based on the fifteen
findings of fact related to the Preliminary Plat and Final Plat proposal, staff
recommended approval subject to the following conditions:
1. The applicant shall submit an approved road access permit from Ramsey County to
the City before any work begins for the construction of Katie Lane.
2. Any changes to the grading or erosion control plan shall be subject to approval by the
City Engineer before any changes are implemented.
3. The applicant shall obtain all necessary permits from the Rice Creek Watershed
District, Ramsey County, the Metropolitan Council, the State of Minnesota
Department of Natural Resources and any other governing agencies where applicable
before the final plat is executed.
4. The applicant shall provide an as-built survey upon completion of the project.
5. The applicant shall submit updated title work prior to the City Council review of the
plat.
6. The developer's agreement shall be reviewed by the City Attorney and approved by
the City Council before the City Council executes the Final Plat.
7. The applicant shall supply three new trees for each lot in the subdivision. Credits
may be given for lots with existing healthy trees. New coniferous trees shall be at
least six feet tall and deciduous trees shall be at least two and one half caliper inches.
The plantings may be phased with lot development provided the phasing is included
in the development contract. The applicant shall submit a tree planting plan prior to
execution of the final plat.
8. The proposed extension of Katie Lane shall start at Cleveland Avenue and be built to
the current ending of Katie Lane in order to reduce truck, noise, and dust impacts on
the existing residential properties and to reduce wear on Katie Lane.
9. The applicant shall be responsible for repairing any damage done to Katie Lane
and/or paying the cost of fixing any damage done to Katie Lane during the road,
and/or paying the cost of fixing any damages done to Katie Lane during the road,
utility, and drainage/stormwater system construction process. All repairs shall meet
City standards and will be subject to City Engineer approval and inspection.
10. All of Outlot A shall be incorporated into a drainage easement and shall be deemed
not developable.
Mr. Lehnhoff noted he had received an email dated June 6, 2007 from Jan Hermes, 3296
Katie Court stating: "I live at 3296 Katie Crt., on the comer were the new subdivision
will begin. I have looked at the proposed project and am happy to have our road continue
and to have more neighbors. However, I wonder if anyone has thought about having the
ARDEN HILLS PLANNING COMMISSION -JUNE 6, 2007
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new road itself be a 90 degree right hand comer rather than the curve as drawn in the
plan? A right hand comer would make people slow down and pay more attention as they
turn the comer. A wide curve as drawn allows cars to dash through at a faster speed.
Also, with the long straight roadway from Katie Circle to the new curve, cars have a long
stretch to accelerate. Just a thought! Thank you for your consideration!"
Commissioner Zimmerman asked if there were any conditions attached to the 1983
variance that were not covered in the staff report. Mr. Lehnhoff responded there was not.
Commissioner Larson asked if any of the new lots adjacent to the existing lots would be
non-conforming. Mr. Lehnhoffresponded there would be none.
Commissioner Zimmerman asked if porches would necessitate an additional 10-foot
encroachment into the front yard setback. Mr. Lehnhoff responded new construction
would need to respect all setbacks, but a front porch could be as close as 30 feet under the
provisions ofthe Zoning Code.
Chair Sand noted his property backed up to Ha2elnut Park and he was familiar with this
property. He indicated he was aware of some fill material that had been there for years
on what will be Block 2, Lot 2. He asked if this fill would be removed. Mr. Lehnhoff
responded he believed the developer would need to remove it, but he was not aware of
that material.
Chair Sand asked if the grading plan submitted would there be much hauling off or
bringing in offill materials. Mr. Lehnhoff responded the City Engineer did not make any
comments on this, but the applicant was in attendance tonight and would have that
information.
Chair Sand opened the public hearing at 7:05 p.m. and invited anyone for or against the
Planning Case to come forward.
Jeff Hermes, 3296 Katie Court, stated he liked that this was going to be single-family
residential, even though it was zoned for R-3. He stated he did not want to see a bunch of
town homes. He asked if they could consider making the road more of a square comer
rather than a curve.
Tony Evans, 3280 Katie Court, stated he was neither for nor against this development and
he liked that they were putting in single-family homes in this development. He expressed
concern about the speed on Katie Lane. He encouraged some kind of speed control on
Katie Lane. With respect to the pond, he noted there was snow from the apartments
across Cleveland being pushed into the pond. He asked if this would continue and how
would it affect the drainage if it was. Chair Sand stated that particular issue should be
brought up with Ramsey County as Cleveland was a County Road.
Mr. Lehnhoff noted that if a private contractor from the apartments is pushing snow onto
the private land, that should not be occurring.
ARDEN HILLS PLANNING COMMISSION -JUNE 6, 2007
6
Councilmember Larson asked how the infiltration pond and catch basin would work. Les
Mateffy, Engineer, explained how the pond and catch basin would work.
Barry O'Meara, applicant, explained the drainage easement.
Commissioner Zimmerman asked if they had looked at any rain gardens for the lots. Mr.
Mateffy responded that they had not considered rain gardens in the front of the houses,
but they had looked at similar methods. He noted they had two infiltrations projects on
either end ofthe project, but not on the individual lots.
Chair Sand stated he wanted to minimize truck traffic. He asked if the grading plan
balanced on site. Mr. Mateffy responded they might have to haul in 1,000 yards, but they
were pretty much balanced on site.
Chair Sand asked if each of the lots would be developed as single-family dwellings. Mr.
O'Meara responded that was correct.
Chair Sand closed the public hearing at 7:33 p.m.
Chair Sand stated that he agreed they needed the 30-foot setback for continuity with the
rest ofthe area.
Commissioner Larson state he objected to Lot 4 drainage easements. He did not believe
the drainage easements would be very effective.
Commissioner Holewa inquired about the three trees in the front yard. He asked if that
was too many trees. Mr. O'Meara noted there was more front yard than appeared on the
plat and there was room for that many trees.
Commissioner Zimmerman moved, seconded by Commissioner Larson, to recommend
approval of Planning Case 07-014 for a Preliminary Plat, Pinal Plat, and Variance for the
Hazelnut Park #3 Subdivision based on the findings of fact and the submitted plans as
amended by the ten conditions in the June 6, 2007 Planning Case report.
The motion carried unanimously (7-0).
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Attachment 7 A - 2
June 25,2007, City Council Meeting
Public Comments/Letters
Page I of!
From: Jan Hermes [Jan.Hermes@moundsviewschools.org]
Sent: Wednesday, June 06, 2007 12:14 PM
To: James Lehnhoff
Subject: Project 07 -014 Barry O'Meara-- subdivision #3
James Lehnhoff
I live at 3296 Katie Ct., on the corner where the new subdivision will begin.
I have looked at the proposed project and am happy to have our road continue and to have more neighbors.
However, I wonder if anyone has thought about having the new road itself be a 90 degree right hand corner rather than the curve as
drawn in the plan?
A right hand comer would make people slow down and pay more attention as they turn the corner.
A wide curve as drawn allows cars to dash through at a faster speed.
Also, with the long straight roadway from Katie Circle to the new curve, cars have a long stretch to accelerate.
Just a thought!
Thank you for your consideration!
Jan Hermes
Secreta ry
Isiand Lake Elementary School
Phone 651-484-5553 Ext 3201
FAX 651-639-6133
jan. hermes@moundsviewschools.org
6/6/2007
Page 1 of2
James Lehnhoff
From: Jan Hermes [Jan.Hermes@moundsviewschools.org]
Sent: Thursday, June 07, 2007 7:55 AM
To: James Lehnhoff
Subject: RE: Project 07-014 Barry O'Meara-- subdivision #3
Thank you!
I did attend last night and heard an even better idea! After seeing the maps, I realize the corner cannot go into the
area of the southeast holding ponds any further. But one resident suggested speed bumps in the area of the easement
to the park. Good idea! I am very concerned that the road will become a danger to all the kids we have on
skateboards, bikes rollerblades, etc. Also, I'm sure we can request "s!ow down" signs right?
Is is possible to get a copy of the map we were looking at last night with the grading plan for the land?
Thank you for your help.
>>> "James Lehnhoff" <james.lehnhoff@ci.arden-hills.mn.us> 6/6/2007 12:21 PM >>>
Thank you for your email. I will be sure to bring it to the Planning Commission meeting tonight for discussion.
Sincerely,
James
James Lehnhoff
City Planner & Recycling Coordinator
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
Direct: (651) 792-7819 - NEW PHONE NUMBER!
Fax: (651) 634-5137
james.leh n hoff@ci.arden-hills.mn.us
http://www.ci.arc:l.E2D_:bllJ_s.mn.us
From: Jan Hermes [mailto:Jan.Hermes@moundsviewschools.org]
Sent: Wednesday, June 06, 2007 12:14 PM
To: James Lehnhoff
Subject: Project 07-014 Barry O'Meara-- subdivision #3
I live at 3296 Katie Ct., on the comer where the new subdivision will begin.
I have looked at the proposed project and am happy to have our road continue and to have more neighbors.
However, I wonder if anyone has thought about having the new road itself be a 90 degree right hand comer rather than the curve as
drawn in the plan?
A right hand comer would make people slow down and pay more attention as they turn the comer.
A wide curve as drawn allows cars to dash through at a faster speed.
Also, with the long straight roadway from Katie Circle to the new curve, cars have a long stretch to accelerate.
Just a thought!
Thank you for your consideration!
Jan Hermes
Secretary
Island Lake Elementary School
Phone 651-484-5553 Ext 3201
6/19/2007
Attachment 7 A - 3
June 25, 2007, City Council Meeting
Development Contract
DEVELOPMENT AGREEMENT
CITY OF ARDEN HILLS
HAZLENUT PARK3RD ADDITION
1.0 Parties. This Agreement is dated the _ day of ,2007, and is entered into
by and between City of Arden Hills, a Minnesota municipal corporation (herein "City");
and B. O'Meara Construction, Inc. a Minnesota corporation (herein "Developer").
2.0 Property Description. The Developer represents that it is the record fee owner of
property described on Exhibit A, attached and incorporated herein, which will be platted
as Hazelnut Park 3rd Addition.
3.0 Final Plat Approval. On the 25th day of June, 2007, the City Council approved the final
plat of Hazelnut Park 3rd Addition, which is attached and incorporated as Exhibit B. The
City's approval was conditioned upon the Developer entering into this Development
Agreement.
4.0 Terms and Conditions. NOW, THEREFORE, in reliance upon the representations
contained herein; in compliance with the City's Zoning and Subdivision Regulations; and
in consideration of the mutual undertakings herein expressed, the parties agree as
follows:
Subd. 1.
Developer Improvements. The Developer shall construct the following
improvements in compliance with approved plans and specifications,
attached and incorporated herein as Exhibit C. The new improvements
shall be completed by the dates specified unless the City Engineer gives
written approval for an extension:
A. Site Grading and Turf Restoration. Site grading improvements
shall include common excavation, sub grade correction,
embankment and pond excavation. Turf restoration shall include
seeding, mulching and erosion control.
I. Site Grading Improvements shall be completed on or before the
25th day of November, 2007.
2. Turf restoration improvements shall be completed on or before
the 25th day of November, 2007.
B. Landscaping. Developer shall complete all landscaping
improvements on or before the 25th day of November, 2007. The
Developer shall supply three (3) new trees for each Lot in the
subdivision. Credits may be given for Lots with existing healthy
trees. New coniferous trees shall be at least six (6) feet tall and
deciduous trees shall be at least 2 Y, caliper inches. The tree
plantings may be phased with individual Lot development subject
to City Planner approval. The Developer shall submit a tree
planting plan prior to execution of the [mal plat. Changes to the
tree planting plan shall be subject to City Planner approval.
C. Storm Sewer. Storm sewer improvements include all necessary
storm sewers, catch basins, culverts, and other apparatus. Storm
sewer improvements shall be completed by the 25th day of
November, 2007.
D. Street Improvements. Street improvements include sub grade
preparation, gravel base, bituminous surfacing, bituminous curb
and concrete curbs, where required.
1. Unusable material within the roadway shall be removed by the
Developer.
2. All sub grade excavation and filling shall be completed by the
Developer in accordance with MNDOT's specifications. The
City reserves the right to test as necessary, at the Developer's
expense, all grading work. A test roll of the street sub grade
shall be passed prior to acceptance ofthe sub grade by the City.
3. Sub grade and the initial course of street improvements shall be
completed by the 25th day of November, 2007. The final wear
course of the street shall be completed by the 1st day of July,
2008. Wear course placement shall be coordinated with the
City's Pavement Management Program. All costs for wear
course within Hazelnut Park 3rd Addition shall be the
responsibility of the Developer.
4. Unless authorized in writing by the City Engineer, the
proposed extension of Katie Lane shall start at Cleveland
Avenue and be built to the ending of the existing Katie Lane in
order to reduce truck, noise and dust impacts on the existing
residential properties, and to reduce wear and tear on the
existing Katie Lane. The Developer shall be responsible for
repairing any damage done to the existing Katie Lane and/or
paying the cost of fixing any damage done to the existing Katie
Lane during the road, utility and drainage/storm sewer system
construction process. All repairs shall meet City standards and
will be subject to City Engineer approval and inspection.
E. Sanitary Sewer/Water Mains. Sanitary sewer mains and water
mains shall be completed by the 25th day of November, 2007.
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Subd. 2.
Subd.3.
Subd. 4.
Subd. 5.
Subd. 6.
F. Street Signs. The Developer shall supply all street signs for the
subdivision.
Warrantv. The Developer warranties all work required to be performed by
it against poor material and faulty workmanship for a period of two (2)
years after its completion and acceptance by the City. All trees, grass and
sod shall warranted to be live, of good quality and disease free for twelve
(12) months after planting. The Developer shall post maintenance bonds
or other security acceptable to the City to secure the warranties described
herein.
Estimated Cost of Developer Secured Improvements. The estimated
costs of Developer constructed improvements are as follows:
Improvement
Estimated Cost
Site Grading/Turf Restoration
Landscaping
Storm Sewer
Street Improvements
Sanitary Sewer lWatermain
Street Signs
Subtotal
$74,000
$10,500
$55,040
$89,550
$70,245
$500
$299,835
Total Security Required (125% of Improvements): $374,793.75
Improvement Securitv. The form of security shall be submitted prior to
the execution of the plat by the City of Arden Hills and shall be approved
by the City Attorney.
Reduction of Security. Upon completion of required improvements for the
Hazelnut Park 3rd Addition and acceptance by the City, the City Council
shall reduce the amount of security for the completed improvements
provided that in no case shall the total remaining security be equal to less
than 125% ofthe estimated costs of the incomplete improvements.
Inspection. The Developer shall provide the services of a Residential
Project Representative and assistants at the site to provide more
continuous observation ofthe Contractor's work.
The Developer shall provide the City Engineer a minimlUll of twenty-four
(24) hours notice prior to the commencement of the underground pipe
laying and service connection; and prior to sub grade, gravel base and
bituminous surface construction. Developer's failure to comply with the
terms of this section shall permit the City Engineer to issue a stop work
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Subd.7.
Subd. 8.
Subd.9.
Subd. 10
Subd.l1.
order which may result in a rejection of the work and which shall obligate
the Developer to take all reasonable steps, as directed by the City Engineer
to ensure that the improvements are constructed and inspected pursuant to
the terms of this agreement; and shall further result in the assessment of a
penalty in an amount equal to I % per occurrence, of the amount of the
security required for Developer improvements.
Engineering Coordination. An Engineering Coordinator shall be assigned
to this project to provide further protection for the City against defects and
deficiencies in the work of the Contractor through the observations of the
work in progress and field checks of materials and equipment. However,
the furnishing of such engineering coordination will not make the City
responsible for construction means, methods, techniques, sequences or
procedures or for the safety precautions or programs, or for the
Contractors failure to perform his work in accordance with the contract
documents. Developers shall pay the City for City inspection services an
amount equal to 2% of the cost of the Developer improvements or
approximately $6,000.
As-built Survey. The Developer shall provide an as-built survey upon
completion of the public improvements in reproducible and digital
(Auto CAD) format.
Utilitv Company Improvements. The utility improvements include
underground gas, electric, and telephone service as installed by the
appropriate utility company at the direction of the Developer. The
Developer shall arrange for the installation of underground gas, electric,
telephone and cable television before the fmal lift is started. Utility
improvements shall be completed by the 25th day of November, 2007.
ExecutionlFiling of Documents. Prior to the conveyance of any of the lots
in Hazelnut 3rd Addition, and except as hereinafter provided, prior to the
issuance of any development permits, the Developer shall provide the City
with evidence that the following documents have been recorded.
A. The Plat of Hazelnut Park 3rd Addition
B. Drainage and Utility Easement unless otherwise dedicated on the Plat
of Hazelnut Park 3rd Addition
C. Agency Permits
Public Use Dedication Fee. The public use dedication fee for Hazelnut
Park 3rd Addition has been paid in connection with previous
developments.
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Subd. 12.
Subd. 13.
Subd. 14.
Prior Land Occupancy. No Certificate of Occupancy shall be issued for
any homes until the first course of a public street is completed and
approved by the City Engineer. Ifhomes are occupied prior to completion
of street improvements and acceptance by the City, Developer shall
provide all maintenance necessary for such streets including snowp10wing,
until final acceptance by the City.
Erosion Control. Prior to site grading and before any utility
construction is commenced or building permits are issued the erosion
control plan attached and incorporated as Exhibit D shall be implemented,
inspected and approved by the City. No construction activity will be
allowed and no building permits will be issued unless the plat is in full
compliance with the erosion control requirements.
A. All areas are served by the activation and back filling. Operation
shall be receded within seventy-two (72) hours after completion of
the work in that area.
B. All basement and/or foundation excavation spoil piles shall be kept
completely off City right-of-way and shall be completely
surrounded with an approved erosion control sealed fence.
C. Except as otherwise provided in the erosion control plan, seed shall
be rye grass or other fast growing seeds suitable to the existing soil
to provide a temporary ground cover as rapidly as possible.
D. Sod is required on all slopes greater than 10% in radius or as
directed by the City Engineer.
E. All seeded areas shall be mulched in disc anchored as necessary
for seed retention.
The parties recognize that time is of the essence in controlling erosion. If
the plat development does not comply with the erosion control plan and
schedule or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion. The City
will endeavor to notifY the Developer in advance of any proposed action
but failure of the City to do so will not affect the Developer's or the City's
rights or obligations hereunder. If the Developer does not reimburse the
City for costs incurred hereunder within thirty (30) days, the City may
draw down the letter of credit to pay any costs.
Construction Management. The Developer and its contractors and
subcontractors shall work to minimize impacts from construction on the
surrounding neighborhood by:
A. Definition of Construction Area. The limits of the Project Area
shall be defined with heavy-duty erosion control fencing approved
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by the City Engineer. Any grading, construction or other work
outside this area requires approval by the City Engineer and the
affected property owner.
B. Parking and Storage of Materials. Adequate on-site parking for
construction vehicles and employees must be provided or
provisions must be made to have employees park off-site and be
shuttled to the Project Area. No parking of construction vehicles
or employee vehicles shall occur along Cleveland Ave or on the
existing improved portion of Katie Lane. No fill, excavating
material or construction materials shall be stored in the public
right-of-way.
C. Hours of Construction. Hours of construction, including moving
of equipment shall be limited to the hours between 7 a.m. and 9
p.m. on weekdays and 8 a.m. and 9 p.m. on weekends.
D. Site Maintenance. The Developer shall ensure the contractor
maintains a clean work site. Measures shall be taken to prevent
debris, refuse or other materials from leaving the site.
Construction debris and other refuse generated from the proj ect
shall be removed from the site in a timely fashion and/or upon the
request by the City Planner. Developer shall sweep Cleveland Ave
and the existing portion of Katie Lane on a weekly basis or more
frequently as directed by the City Engineer until the site is
established. Developer must sweep roadways with a water-
discharge broom apparatus. Kick -off brooms shall not be utilized
for street sweeping. After the Developer has received twenty-four
(24) hour verbal notice, the City will complete or contract to
complete the site maintenance work at the Developer's expense.
E. Cold Weather Construction. The City requires that no public
concrete or bituminous infrastructure be constructed on frozen
ground. Upon evidence of frozen ground in the project aggregate
base/subgrade, all concrete and bituminous work shall cease for the
construction year. No bituminous base paving or concrete pouring
will be allowed after November 1st of the calendar year. Work
may be performed after November I st only with the approval ofthe
City Engineer, and if permitted such work shall comply with
MNDOT.
F. Bituminous and Concrete Material Acceptance. The City will not
accept concrete curb and gutter that has structural or cosmetic
defects. The City will identify all defective curb for removal. The
City will not accept bituminous base course with less than 91.5%
density or that has an open graded appearance as determined by the
City Engineer. This is considered to be rejected and will be
6
Subd. 15.
Subd. 16.
Subd.17.
Subd. 18.
required to be removed at the Developers expense. At no time
shall the bituminous wear course be installed after September I st of
any calendar year or prior to weight restrictions being lifted in the
sprmg.
G. Televising. All storm sewer and sanitary sewer shall be televised
prior to the installation of the aggregate base, concrete curb and
gutter, and bituminous. The City will review and must approve the
televising tapes prior to commencement of the roadway
construction. All televising media shall be submitted on DVD.
VHS tapes will not be accepted.
H. Proiect Identification Signage. Project identification signs shall
comply with City Code Regulations.
Certificate of Insurance. The Developer shall provide, prior to execution
of the plat by the City of Arden Hills, evidence that the contractor hired
for the site work has insurance in the form of a Certificate of Insurance
issued by a company authorized by a company authorized to do business
in the State of Minnesota, which includes workman's compensation and
general liability.
Other Costs. In addition to the other fees required by the City regulations
for this agreement, the Developer agrees to reimburse the City for all
costs, of whatever kind or nature, incurred by the City in reviewing or
processing the Developer's application or administration of the installation
of public infrastructure, including, but limited to costs incurred for legal or
other consultants.
All Costs Responsibility of Developer. The Developer agrees to pay for
all costs incurred of whatever kind of nature in order to construct the
improvements required by the City's regulations. The City shall not be
obligated to pay the Developer or any of its agents or contractors for any
costs incurred in connection with the construction of the improvements, or
the development of the property. The Developer agrees to hold the City
harmless from any and all claims of whatever kind or nature which may
arise as a result of the construction of the improvements, the development
of the property or the acts of the Developer, its agents or contractors in
relationship thereto.
Default. The occurrence of any of the following after written notice from
the City and thirty (30) days to cure, or such other period as may be agreed
upon in writing by the parties, shall be considered a "Event of Default" in
the terms and conditions contained in this Agreement:
The failure of the Developer to comply with any of the terms and
conditions contained in this agreement;
7
The failure of the Developer to comply with any applicable ordinance or
statutes with respect to the development and operation of the subj ect
property.
Subd. 19.
Remedies. Upon the occurrence of an Event of Default, the City, in
addition to any other remedy which may be available to it shall be
permitted to do the following:
A. City may make advances or take other steps to cure the default,
and where necessary, enter the subject property for that purpose.
The Developer shall pay all sums so advanced or expenses
incurred by the City upon demand, with interest from the date of
such advances or expenses at the rate of 10% per annum. No
action taken by the City pursuant to this section shall be deemed to
relieve the Developer from curing any such default to the extent
that it is not cured by the City or from any other default hereunder.
The City shall not be obligated, by virtue of the existence or the
exercise of this right, to perform any such act or cure any such
default.
B. The Developer shall save, indemnify, and hold harmless, including
reasonable attorneys fees, the City from any liability or damages,
which may be incurred as a result of the exercise of the City's
rights pursuant to this section.
C. Obtain an order from a court of competent jurisdiction requiring
the developer to specifically perform its obligations pursuant to the
terms and provisions ofthis Agreement.
D. Exercise any other remedies, which may be available to it,
including an action for damages.
E. Withhold the issuance of a building permit and/or prohibit the
occupancy of any building( s) for which permits have been issued.
F. In addition to the remedies and amounts payable set forth or
permitted above, upon the occurrence of an Event of Default, the
Developer shall pay to the City all fees and expenses, including
attorneys fees. Incurred by the City as a result of the Event of
Default, whether or not a lawsuit or other action is formally taken.
IN WITNESS WHEREOF, the City and the Developer have executed this Agreement.
Approved by the City Council of Arden Hills, Minnesota, this _ day of
,2007.
8
B. O'MEARA CONSTRUCTION, INC.
CITY OF ARDEN HILLS
By:
Barry O'Meara, President
Stan Harpstead, Mayor
Michelle Wolfe, City Administrator
F:\users\Jessica\Terry\Arden Hills\Development Agreement-City of AH-8.doc
9
Attachment 7 A-4
Report to the Planning Commission
From June 6, 2007.
Available online at:
http://www.ci.arden-hills.mn.us/planningcases
June 25, 2007, City Council Meeting