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HomeMy WebLinkAbout2018-10-24 CC Packet -9k CITY OF CENTERVILLE enteryi(fe `fsrz[;isfia,d,YT7 COUNCIL MEETING & WORK SESSION Wednesday, Ocao11 r 24, 20,18 COUNCIL MEETING (5:30 p.m.) I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPOINTMENTS/PRESENTATIONS 1. None V. PUBLIC HEARING 1. None VL APPROVAL OF MINUTES 1. September 26, 2018 City Council Meeting Minutes (Pages 3-8) 2. October 10,2018 City Council Meeting Minutes (Pages 9-12) VII. CONSENT AGENDA 1. City of Centerville October 10, 2018 through October 24,2018 Claims (Check #32190-32215)W/Voided Check#32210 (Pages 13-14) 2. Centennial Lakes Police Claims through October 17, 2018 (Check#12241-12266) W/Payroll Check#12240 (Pages 15-16) 3. Centennial Fire District Claims through July 10, 2018 (Check#8334-8338) W/Voided Checks #8339-8346(Page 17) VIII. OLD BUSINESS 1. Bay View Villas (Pages 18- a. Rezoning from R-3 and B-1 to R-2A b. Conditional Use Permit for a Planned Unit Development c. Developer's Agreement d. Final Plat 2. Old Mill Estates a. Escrow Agreement for Grading 3. Peltier Estates a. Escrow Agreement for Grading IX. NEW BUSINESS 1. Closing City Hall December 24, 2018 with Staff Utilizing PTO 2. Cancellation of December 26, 2018 Council Meeting 3. Mr. & Mrs. John Kelly, 7258 Mill Road— Special Assessment Agreement Waiver of Hearing & Appeal X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report X1. ADJOURNMENT JOINT WORK SESSION (CC/P&Z/EDA) (7:00 p.m.) I. CALL TO ORDER 1. Roll Call II. DISCUSSION TOPICS 1. Downtown Redevelopment III. ADJOURNMENT *INFORMATIONAL MATERIAL** Anol<,i County �Iubk Officiik Meeting Fohcco Coniffliince Cliecl<s *REMINDERS** Geneni� Uectionf),iy Fues(1,iy, Noveniber6, 2018 We(1nes(1,iy, Noveniber712018 6-30pinCitylkffl Veterins1),iy ((-)bserve(1) Mon(1,iy, Noveniber12, 2018 Citylkffl0ose(l i)i,inningin(] Z�)ningC�)iii�iissi�)n 'p'tues(iiy, N )vciibei• 13, 2018 6-30pinCitylkffl City CouncipMeeting Wc(lncs(iiy, N�)vci�ibei• 14, 2018 6-30pinCity lkffl i)oke ('roverninglioir(l Mon(1,iy, Noveniber1Q, 2018 7-00pni .LN) Ofice s City Councip Meeting Wc(lncs(iiy, N�)vci�ibei•2,S, 2018 6-30pinCity lkffl We(1nes(1,iyj)eceniber5, 2018 6-30pin. City lkffl 1�ecy6ngSitur(liys, Q'00 ,ini 12-00pni ((ri•eenLglitsl~iecycng, 1525 QQ'1" LineNL, , likiine) Noveniber 10 & 1)eceniberS, 2018 2 CITY OF CENTERVILLE CITY COUNCIL MEETING MINUTES September 26, 2018 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council meeting of September 26, 2018 at City Hall, 1880 Main Street. PRESENT: Mayor Jeff Paar Council Member Steve King Council Member Russ Koski Council Member Matt Montain �tii Council Member Love ABSENT: None. STAFF: City Attorney Kurt Glaser City Administrator Mark Statz Finance Director Bruce DeLong ..................................................................................................................................................................................................................................................................................................................................... I. CALL TO ORDER Mayor Paar called to order 6:31 p.m. IL PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Paar added Check 432156-32164 under Consent Agenda, Item 41. He modified VIII. Old Business Item 42 from Resolution 18-XX Adopting Water Connection Ordinance to Ord. 4, Second Series —Water Connection Ordinance. Motion by Council Member Love, Seconded by Council Member Montain to Approve the Agenda with the Above Stated Modification. Council Member Montain questioned VII. Consent Agenda Item 45. City Clerk Bender stated that the item should be removed for lack of proper documentation. Council Member Montain requested that the motion reflect the removal of Consent Agenda Item 45. Council Member Love Accepted the Friendly Amendment. All in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS 1. Request by Mr. Mark Guggenberger, 6928 Ivy Court—Special Assessment(Water 3 City of Centerville Council Meeting Minutes September 26,2018 Line Lateral Charge$6,500) Administrator Statz stated that Mr. Guggenberger has requested that Council consider granting a Special Assessment for the outstanding Water Line Lateral Charge of $6,500 for his property. He stated that City Code allows for this practice and City Clerk Bender has drafted a Special Assessment Agreement Waiver of Hearing and Appeal for Mr. & Mrs. Guggenberger and their request for $6,500 (Water Lateral Charge) to be placed on their property taxes for a period of 10 years at 5%interest. Council Member Love questioned whether Mr. Guggenberger understood the terms of the agreement. Mr. Guggenberger was present and he stated that he understood the terms. Administrator Statz provided Mr. Guggenberger with the agreement. Discussion ensued regarding the ability of Mr. Guggenberger to request additional expenditures to be assessed to his property if his existing well failed. Attorney Glaser stated that he would again have to enter into an agreement with the City to do so. Discussion also ensued whether action could be taken on this item at this time so Mr. Guggenberger would not have to stay for the meeting until the item was later on the Agenda. City Attorney Glaser stated that Council could suspend the agenda to consider this item. Motion by Council Member Montain, seconded by Council Member Love to Suspend the Agenda and Consider Taking Action on Item #1, under IX. New Business and Approve Mr. Guggenberger's Reguest Upon Receipt of a Signed Agreement Prior to November 15, 2018. All in favor. Motion carried. V. PUBLIC HEARING 1. None. VI. APPROVAL OF THE MINUTES 1. August 22, 2018 City Council Meeting Minutes Mayor Paar stated that the minutes were unavailable. VII. CONSENT AGENDA 1. City of Centerville September 12, 2018 through September 26, 2018 Claims (Check #32132-32155) & Voided Check#32128 & #32130 & (Check#32156-32163) 2. Centennial Lakes Police Claims through September 12, 2018 (Check#12195-12206) 3. Centennial Fire District Claims through September 19, 2018 (Check#8314-8320) & WIRE 4. Special Event Request Application—Centerville Elementary PTA (Family Night) a. Raffle Permit 5. Encroachment Agreement, 7071 Cottonwood Court-REMOVED Page 2 of 6 4 City of Centerville Council Meeting Minutes September 26,2018 Mayor Paar provided Council with an opportunity to discuss any item(s). Motion by Council Member Montain, seconded by Council Member Koski to Approve Item #4 as Presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. Award Contract for Demolition of 1737 Main Street Administrator Statz stated that the City received quotes from reputable/competent firms and Sauter & Sons was lowest bidder at $17,700. Council Member Montain questioned the timeframe for completion and Administrator Statz stated December 15, 2018. He also stated that he believed that the electrical and gas services had already been disconnected. Motion by Council Member Love, seconded by Council Member King to Award the Demolition Contract for the House and Garage at 1737 Main Street to Sauter & Sons. All in favor. Motion carried. 2. Ord. #91, Second Series—Water Connection Ordinance Administrator Statz stated that the Planning & Zoning Commission has reviewed, made suggestions and Council made suggestions at their first reading of the Ordinance and all recommendation have been included. Administrator Statz stated that the current document contains language regarding the issuance of a building permit that increased the value of a home by at least $10,000 (51.200 Mandatory Connection to Public Systems, (C) 3)) which was struck from Council's original motion last year. Lengthy discussion was had regarding municipal connection and use of existing wells for irrigation, the downtown area, cross-contamination, White Bear Lake water levels and drilling of new wells. Motion by Council Member Koski, seconded by Council Member Love to Remove (51.200 Mandatory Connection to Public Systems, (C), 3) and Adopt Ord. #91, Second Series — Water Connection. Council Member King Opposed. Motion carried. IX. NEW BUSINESS 1. Mr. Mark Guggenberger, 6928 Ivy Court—Request for Special Assessment (Water Line Lateral Charge$6,500) This was previously addressed. 2. Resolution#18-013 —Adopting 2019 Preliminary Budget and Tax Levy Page 3 of 6 5 City of Centerville Council Meeting Minutes September 26,2018 Administrator Statz stated that this action is setting the Debt Levy along with the General Fund Levy for the upcoming year, it does include discussions regarding the hiring of a part-time Receptionist, a full-time Public Works employee, $20,000 for the Economic Development Authority and items that will accomplish numerous goals of Council's. Mayor Paar stated that the Council has reviewed the document(s) numerous times during work sessions with the assistance of the Administrator, Finance Director and Public Works Director. Finance Director DeJong stated that there would be a 1.75% reduction in total levy and a drop of $70,000 debt service levies and an increase in General Fund budget of $20,000. He stated that the primary reason for this is public safety and personnel expenditures. He also stated that with the adoption of this resolution, it will be forwarded to Anoka County allowing them to forward to residents their notice of the City's Truth in Taxation Hearing. He reminded Council that this hearing would be taking place on November 28, 2018 and that the levy can be decreased but not increased at that time. Consensus was that Council will continue to discuss both the Debt Service Levy and General Fund Levy in an attempt to reduce them. Mayor Paar thanked Staff for their diligent work. Motion by Council Member Love, seconded by Council Member Koski to Adopt Res. #18- 013 —Approving Preliminary 2019 Property Tax Levy as presented. All in favor. Motion carried. 3. Adoption of Water Supply Plan Administrator Statz stated that the presented plan is in alignment with the City's Comprehensive Plan and outlines the City's responsibilities regarding municipal wells (1 & 2) taking into account emergency preparedness, metering, surface water, reduction during peak demands, etc. Council Member Love stated that on Page 97 "Public Communications" listed the previous City Administrator. Administrator Statz stated that the modification would be made. He also stated that all comments from local agencies have been received and that it will be forwarded to the DNR with a Certificate of Adoption. Motion by Council Member Montain, seconded by Council Member Koski to Approve the Submitted Plan and Forwarding to the DNR. All in favor. Motion carried. 4. Delinquent Utility Bills Policy Discussion Administrator Statz stated that the process for delinquent utilities is to annually hold a public hearing, forward notices to those that are delinquent and assess those charges to respective properties. He stated that this process can be time consuming for staff and many accounts are repeated being assessed. He also stated that the City does charge a $50 fee for assessing along with late fees. Administrator Statz stated that he was looking for guidance from Council as to Page 4 of 6 6 City of Centerville Council Meeting Minutes September 26,2018 whether they desired to change its existing policy from assessing delinquent charges to shutting off services. He stated that it has been his experience that once the residents experience the shut off they have no problem making payment. Lengthy discussion was had and it was Council's consensus that they did not desire to divert from their current policy. 5. Purple Heart City Discussion City Administrator Statz stated recently there was information contained in the League Bulletin regarding the Military Order of the Purple Heart and becoming a Purple Heart City. He also stated that he has been approached by representatives of the Yellow Ribbon organization to also become active in that organization. He stated that he desired to explore whether the Council/City also desired to honor their military and veterans in this fashion. He stated that the Military Order of the Purple Heart will donate parking signs to the City, but he would like to do more in honoring our veterans and military men and women. Mayor Paar stated that the City needs to start re-branding itself, and reach out to citizen and thank them at this is just the beginning. Consensus of the Council was to obtain additional information regarding the program and begin its implementation. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS Mayor Paar stated that Administrator Statz forwarded his update via email prior to the meeting. Administrator Statz stated that he has received a concept plan for Block 7 downtown and he will be bringing this before the Planning & Zoning Commission in October. He also stated that he has been approached by a realtor regarding the 2.5 acres next to Ruffridge Johnson for a similar type business. Council Member Koski stated that this is positive news and wonderful for Centerville. Council Member King stated that he attended the September 19, 2018 EDA meeting noting that they held a large amount of discussion. He also stated that North Metro did not have a Quorum. Council Member Koski questioned Administrator Statz regarding notes on the Local Storm Water Plan. Administrator Statz stated that there are a redundancy in controls between the City of Centerville and RCWD. He stated that he would like to become more cost efficient by combining duties and maybe relinquishing duplicated duties. Mayor Paar stated that he and Council Member King both attended the EDA meeting where discussions took place regarding a program offered through Anoka County called Open to Business which assists business owners in free coaching, incorporation documents, grants and loans. He also stated that Anoka County recently hired an Economic Development Page 5 of 6 7 City of Centerville Council Meeting Minutes September 26,2018 Mayor Paar stated that Anoka County recently hired Ms. Jacquel Haj der as their new Economic Development Specialist. He stated that she has been working with communities in Anoka County to promote their cities along with Anoka County. Mayor Paar stated that Administrator Statz and himself have already met with her and she will be providing assist to the City as her schedule allows. Mayor Paar reported that the Quad Area Chamber of Commerce would be hosting a Happy Hour event from 4 p.m. to 6 p.m. on September 27, 2018 for those who own or operate a business within Centerville and surrounding communities in an attempt to gain membership and provide networking opportunities. Mayor Paar reminded the audience that the Centerville Lion's would be holding their 2nd Annual Chili Cook-Off on October 6, 2018 from 11 a.m. to 3 p.m. on City owned property across from the Southern Rail. He stated that it is open to the public to enter their chili and the fee for tasting is $10. He stated that snacks and beverages will also be available. He also stated that more information can be obtained from the Lions Facebook page. Mayor Paar stated that absentee voting is taking place until November 5, 2018 at City Hall and General Elections will be held at St. Genevieve's Community Parish on November 6, 2018 from 7 a.m. to 8 p.m. Mayor Paar stated that he had been invited and attended a military send off for the Red Bull 34 Division Infantry. He stated that over 5,000 steak dinners were served to military individuals and their family. He stated that many other local mayors were invited. Mayor Paar stated that his neighbor Ms. Rachel Lichtenberg was recently deployed and it just lets you know how close these active individuals are to you and how valuable their services are to our Country. XIII. ADJOURNMENT Motion by Council Member King, seconded by Council Member Montain to Adiourn the Regularly Scheduled Council Meeting of September 26, 2018 at 8:13 p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender Page 6 of 6 8 CITY OF CENTERVILLE CITY COUNCIL MEETING MINUTES October 10,2018 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council meeting of October 10, 2018 at City Hall, 1880 Main Street. PRESENT: Mayor Jeff Paar Council Member Russ Koski Council Member Matt Montain 3111 � � IIIIIIIII IIIIIIIII ' 1 ABSENT: Council Member Love Council Member King STAFF: City Administrator Mark Statz .......... ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ....................... I. CALL TO ORDER Mayor Paar called to order 6:30 p.m. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Paar added Check 432187-32189 under Consent Agenda, Item 41. He stated that the Set Agenda reflects a change in date for Item 43 from July 10 to October 3 and HAS to HSA. He provided an opportunity for others to add or delete any items. Motion by Council Member Montain Seconded by Council Member Koski to Approve the Agenda as Submitted. All in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS 1. None. V. PUBLIC HEARING 1. None. VI. APPROVAL OF THE MINUTES 1. September 12, 2018 City Council Meeting Minutes Mayor Paar provided an opportunity for modifications. 9 City of Centerville Council Meeting Minutes October 10,2018 Council Members Montain and Koski requested modifications to the minutes: VIII. Old Business, Item 44 to remove "All in favor" and the vote of "4/1" be added, IV. Appointments/Presentations, paragraph 11 should reflect "owned" versus "owed", paragraph 12 should reflect "teachers" versus "teacher" and X. Council/Administrator Announcements, paragraph 5 should reflect"zoned"versus "zoning". Motion by Council Member Montain seconded by Council Member Koski to Approve the September 12, 2018 Meeting Minutes with Modifications. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville September 26, 2018 through October 10, 2018 Claims (Check #32165-32186) & (Check#32187-32189) 2. Centennial Lakes Police Claims through September 21, 2018 (Check#12207-12239) W/EFT US Bank& Optum 3. Centennial Fire District Claims through October 10, 2018 (Check#8321-8328) W/EFT HSA & US Bank 4. Encroachment Agreement—7071 Brian Court, Fence 5. Request from Kelly's Korner for Granting 2 AM Closing 6. Res. #18-014—Proclamation for the City of Centerville being a Purple Heart City Mayor Paar provided Council with an opportunity to discuss any item(s). Council Member Montain questioned the steps following the adoption of Res. 418-014. Administrator Statz stated that a representative of the Military Order of the Purple Heart along with local veterans have been invited to attend Council's November 14 City Council meeting where the City will be presented with one (1) or (2) designated parking signs. He stated that it is felt that one (1) will be installed at City Hall with possibilities of additional signs being placed at local parks. He reported that he has been approached by the Beyond the Yellow Ribbon Program and that will be discussed at the same meeting. Motion by Council Member Koski, seconded by Council Member Montain to Approve the Consent Agenda as Presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. None. IX. NEW BUSINESS 1. Lawn Maintenance Quotes —Awarding a Bid Administrator Statz stated that Staff solicited Requests for Proposals for lawn mowing contracted services for 2019-2021, we received five (5) competitive bids with RJ Property Maintenance, Inc. being the lowest bidder at $1,447/week. Page 2 of 4 10 City of Centerville Council Meeting Minutes October 10,2018 Council Member Montain questioned how many weeks for the cutting season and Administrator Statz stated that it can be from 22 to 26 weeks per year with the City ending the season due to weather/growth period. Council Member Montain also questioned fertilization and whether RJ Property Maintenance, Inc. provided those services. Administrator Statz stated that Requests for Proposals have been forwarded to vendors including RJ Property Maintenance, Inc. and we are awaiting their submissions. He reported that Public Works Director Palzer has suggested double cutting of sites rather than bagging services in an attempt to remain fiscally responsible as bagging service increased dramatically. Motion by Council Member Montain, seconded by Council Member Koski to Award RJ Property Maintenance, Inc. a Contract for Lawn Mowing Services for 2019-2021 Per Their Submitted Bid. All in Favor. Motion Carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS Administrator Statz stated that as Council is aware that the City of Lino Lakes is currently reconstructing their portion of LaMotte Drive and LaMotte Circle. He stated that he was approached by the City of Lino Lakes for their residents to have the ability to utilize Laurie LaMotte Memorial Park temporarily for overnight parking and only if they did not have access to their driveways during the construction period. He also stated that he permitted this action feeling that it was a "neighborly" gesture and no harm would come of it. He stated that he notified the Centennial Lakes Police Department of this action and informed the City of Lino Lakes if it became a problem with loitering, theft, etc. the parking would be terminated. He reported that he has received several complaints from a Centerville resident regarding the additional wear and tear of the roadway due to "excessive" traffic and weight of vehicles, Centerville resident's tax dollars and the degradation of the roadway. Administrator Statz reported that he requested weight tickets for the hauling vehicles and was presented them by the City of Lino with all being under the 7 Ton rating of the roadway. He reminded Council that the road is a public road, was built to a 7 Ton specification and Staff will continue to monitor its use during this construction project. Administrator Statz reported that Staff is inspecting weirs/baffles in several areas of town, explained that the structures are a part of the storm water system and would be addressed in the storm water plan with associated maintenance. He reported that he had met with a resident who had several concerns near their property. Administrator Statz also reported that he had attended a Quad Area Chamber meeting earlier in the day. He stated that the group is comprised of many different businesses and allows for networking opportunities. Council Member Montain reported that the Parks & Recreation Committee was currently meeting in the Administrative offices and he is unable to attend this evening due to his participation in the Council meeting. Council Member Koski provided Council with a brief overview of the Planning & Zoning Commission stating that discussion was had regarding possible revisions to Alex's Lawn & Turf landscaping Conditional Use Permit; number of docks for Bay View Villas and final plat coming Page 3 of 4 11 City of Centerville Council Meeting Minutes October 10,2018 before Council on the 24th of October; and a concept plan for City owned property across from the Southern Rail. Lengthy discussion ensued regarding the Downtown Redevelopment Plans by both Damon Farber and the Beard Group, whether the plan(s) remain viable for such things as theme, general types of development, etc. Administrator Statz stated that he felt that a joint meeting work session should be held by Council, P & Z and the EDA so all that are involved in visions and decision making are on the same page and that this should be completed sooner than later as interest in the City owned property has increased. Proposed meeting dates and times were discussed with nothing finalized. Mayor Paar stated that he, Administrator Statz and Council Member Koski attended the recent Quad Area Chamber of Commerce event held at Kelly's Korner. He stated that several Centerville business owners were in attendance along with other local business owners from surrounding municipalities. He also stated that information can be obtained from the City's web site regarding the Quad Area Chamber of Commerce or individuals can contact them on their own. Mayor Paar reported that the Centennial Fire Steering meeting discussed the Relief Association and their funding. He stated that the Relief Associated is requesting that vesting be returned to 10 years versus 5 years. He also stated that this would not affect funding as the pension fund is $655,000 and if all firefighters were to leave there would be enough money to cover all expenses. He reported that the Centennial Fire District but to date is 3% under budget and they had a"clean" audit with no concerns. He gave a brief synopsis of staff levels: Station 41 had 13 with several new recruits and Station 43 currently has 16. He reported that difficulty staffing Duty Crews remains difficult with the Chief continuing to monitor in 2019. He also reported that the 2019 Budget included pay increases for full-time employees, pagers have been sold and that the Chief would be submitting grants for equipment and new radios shortly. Mayor Paar welcomed Krista's Paw Spa stating that Ms. Krista Weber purchased Michele's Paw Spa from Michele Whitney who retired and she had a Grand Opening last week. He thanked participants for their attendance of the Centerville Lions 2nd Annual Fire House Chili Cook-Off and reported that Mr. Terry Sweeney won first place, second place Ms. Linda Champeau and third place Mike Giovinazzo. Mayor Paar stated that Absentee/Early voting continues at City Hall until November 5, 2018, 5:00 p.m. and the polling place on Election Day will be at St. Genevieve's Community Parish Center, 6995 Centerville Road from 7:00 a.m. —8:00 p.m. XIII. ADJOURNMENT Motion by Council Member Montain, seconded by Council Member Koski to Adiourn the Regularly Scheduled Council Meeting of October 10, 2018 at 7:24 p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender Page 4 of 4 12 CITY OF CENTERVILLE 10/17/18 11:52 AM Page 1 Check Detail - October 24, 2018 Check Date Check# Vender Name Comments Amount 10/16/2018 001250E PSN 2018 SEPT ACH CHARGES-PERMITS&FEES $294.47 10/16/2018 001250E PSN 2018 SEPT ACH CHARGES-UTILITIES&GARBAGE $156.52 10/16/2018 001250E PSN 2018 SEPT ACH CHARGES-MISC. $56.42 10/16/2018 001250E PSN 2018 SEPT ACH CHARGES-UTILITIES&GARBAGE $156.52 10/16/2018 001250E PSN 2018 SEPT ACH CHARGES-UTILITIES&GARBAGE $156.52 Check Nbr 001250 PSN $820.45 10/18/2018 001251E MINNESOTA DEPT OF REVENUE STATE W/H-PAY PERIOD 21 Check Nbr 001251 MINNESOTA DEPT OF REVENUE $887.64 10/18/2018 001252E PERA PERA W/H -PAY PERIOD 21 Check Nbr 001252 PERA $2,950.88 10/18/2018 001253E IRS/EFTPS FED W/H -PAY PERIOD 21 $1,734.65 10/18/2018 001253E IRS/EFTPS FICA/MED W/H -PAY PERIOD 21 $3,326.68 Check Nbr 001253 IRS/EFTPS $5,061.33 10/18/2018 001254E OPTUM BANK- H.S.A. H.S.A. W/H -PAY PERIOD 21 Check Nbr 001254 OPTUM BANK-H.S.A. $1,114.38 10/24/2018 032190 AMUNDSEN, KEVIN P&R MEETINGS-7-11,8-1 &9-5-18 Check Nbr 032190 AMUNDSEN, KEVIN $150.00 10/24/2018 032191 BET-FINGER,CHRISTOPHER P&R MEETINGS-7-11,8-1 &9-5-18 Check Nbr 032191 BET-FINGER,CHRISTOPHER $150.00 10/24/2018 032192 BROUSSARD-VICKERS, LINDA P&Z MEETINGS-7-10, 7-31&9-4-18 Check Nbr 032192 BROUSSARD-VICKERS, LINDA $150.00 10/24/2018 032193 FEHRENBACHER, BEN P&Z MEETINGS- 9-4-18 Check Nbr 032193 FEHRENBACHER, BEN $50.00 10/24/2018 032194 GANZEL, KIM P&Z MEETINGS-7-10, 7-31&9-4-18 Check Nbr 032194 GANZEL, KIM $150.00 10/24/2018 032195 GRAHEK, HEIDI P&R MEETINGS-7-11,8-1 &9-5-18 Check Nbr 032195 GRAHEK. HEIDI $150.00 10/24/2018 032196 GREEN LIGHTS RECYCLING,INC. RECYCLING EVENT-9-8-18 $22.20 10/24/2018 032196 GREEN LIGHTS RECYCLING,INC. RECYCLING EVENT-9-8-18 $700.58 Check Nbr 032196 GREEN LIGHTS RECYCLING.INC. $722.78 10/24/2018 032197 HAIDEN, MARK P&Z MEETINGS-7-10, 7-31&9-4-18 Check Nbr 032197 HAIDEN. MARK $150.00 10/24/2018 032198 HANZAL,JEFF EDA MEETINGS-8-27-18&9-1-18 Check Nbr 032198 HANZAL.JEFF $100.00 10/24/2018 032199 MARCO,INC. STANDARD PYMT-PER CONTRACT Check Nbr 032199 MARCO,INC. $241.32 10/24/2018 032200 MET.COUNCIL ENV. SERV. (SDS) NOV. 2018 WASTEWATER CHARGES Check Nbr 032200 MET. COUNCIL ENV. SERV. (SDS) $19.408.64 10/24/2018 032201 MN DNR WATERS PERMIT 1991-6246-AMENDMENT FEE-WATER Check Nbr 032201 MN DNR WATERS $150.00 10/24/2018 032202 MN PEIP NOV. 2018 HEALTH INS Check Nbr 032202 MN PEIP $2,713.88 10/24/2018 032203 MOSHER, DARRIN P&Z MEETINGS-7-10, 7-31&9-4-18 Check Nbr 032203 MOSHER, DARRIN $150.00 10/24/2018 032204 NATIONWIDE RETIREMENT SOLUTION DEF.COMP W/H-PAY PERIOD 21 Check Nbr 032204 NATIONWIDE RETIREMENT SOLUTION $1.020.83 10/24/2018 032205 OLSON,JR., DARRELL P&Z MEETINGS-7-10, 7-31&9-4-18 Check Nbr 032205 OLSON,JR.. DARRELL $150.00 10/24/2018 032206 PETERSON, BRIAN P&R MEETINGS- 8-1 &9-5-18 Check Nbr 032206 PETERSON. BRIAN $100.00 10/24/2018 032207 PRESS PUBLICATIONS ORD. 91 AMENDING CITY CODE CHAPTER 51 Check Nbr 032207 PRESS PUBLICATIONS $50.16 10/24/2018 032208 REPUBLIC SERVICES,INC. AUG. 2018 RECYCLING SERVICE $3,863.35 10/24/2018 032208 REPUBLIC SERVICES,INC. AUG. 2018 GARBAGE SERVICES $14,232.72 Check Nbr 032208 REPUBLIC SERVICES.INC. $18.096.07 13 CITY OF CENTERVILLE 10/17/18 11:52 AM Page 2 Check Detail - October 24, 2018 Check Date Check# Vender Name Comments Amount 10/24/2018 032209 SEELEY,SUZANNE P&R MEETINGS-7-11,8-1 &9-5-18 Check Nbr 032209 SEELEY,SUZANNE $150.00 10/24/2018 032211 TRU GREEN -CHEM LAWN LAWN CARE-PARKS-SEPT. 2018 $1,664.00 10/24/2018 032211 TRU GREEN -CHEM LAWN LAWN CARE-SEPT. 2018 $235.00 10/24/2018 032211 TRU GREEN -CHEM LAWN LAWN CARE-SEPT. 2018 $107.00 Check Nbr 032211 TRU GREEN-CHEM LAWN $2,006.00 10/24/2018 032212 WAEGHE,KEVIN P&R MEETINGS-7-11,8-1 &9-5-18 Check Nbr 032212 WAEGHE,KEVIN $150.00 10/24/2018 032213 WEATHERHEAD,JIM EDA MEETINGS-8-27-18&9-1-18 Check Nbr 032213 WEATHERHEAD,JIM $100.00 10/24/2018 032214 XCEL ENERGY 7098 CENTERVILLE RD-SERV THRU 10-2-18 $19.31 10/24/2018 032214 XCEL ENERGY 1880 MAIN ST-CITY HALL/FIRE STATION -SERV THRU 10-6- $613.72 10/24/2018 032214 XCEL ENERGY 1880 MAIN ST-SERV THRU 10-6-18 $1,593.96 10/24/2018 032214 XCEL ENERGY 1601 LAMOTTE DR-SERV THRU 10-2-18 $24.08 10/24/2018 032214 XCEL ENERGY 1600 LAMOTTE DR-WARMING HOUSE-SERV THRU 10-2-18 $16.64 10/24/2018 032214 XCEL ENERGY 7300 MILL RD-SERV THRU 10-2-18 $203.52 10/24/2018 032214 XCEL ENERGY STREET LIGHTS-SERV THRU 10-2-18 $1,958.43 10/24/2018 032214 XCEL ENERGY 1745 MAIN ST-SERV THRU 10-2-18 $19.31 10/24/2018 032214 XCEL ENERGY 1682 MAIN ST-SERV THRU 10-2-18 $158.76 10/24/2018 032214 XCEL ENERGY 1889 CENTER ST-SEWER LIFT-SERV THRU 10-4-18 $26.95 10/24/2018 032214 XCEL ENERGY 1600 LAMOTTE DR-BALLFIELD LIGHTS-SERV THRU 10-2-18 $186.82 10/24/2018 032214 XCEL ENERGY 7285 MAIN ST-SERV THRU 10-02-18 $54.12 10/24/2018 032214 XCEL ENERGY 6970 LAMOTTE DR-SERV THRU 10-2-18 $264.43 10/24/2018 032214 XCEL ENERGY 1875 FOX RUN-SERV THRU 10-2-18 $83.25 Check Nbr 032214 XCEL ENERGY $5.223.30 10/24/2018 032215 SPANIER GARY EDA MEETING 8-27-18 Check Nbr 032215 SPANIER GARY $50.00 Total checks $62,367.66 VOIDED CHECK #32210 14 CENTENNIAL LAKES POLICE DEPT Check Register-Police GL without invoice numbers Page: 1 Check Issue Dates: 10/4/2018- 10/12/2018 Oct 12, 2018 01:55PM Report Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 10/18 10/12/2018 12241 ABRAMS &SCHMIDT LLC SEPT LEGAL FEES 1,817.50 10/18 10/12/2018 12242 ASPEN MILLS, INC UNIFORMS 351.29 10/18 10/12/2018 12243 CENTURY LINK COMMUNICATIONS OCTOBER 124.62 10/18 10/12/2018 12244 COVERALL OF THE TWIN CITIES INC OCT CLEANING SERVICE 780.00 10/18 10/12/2018 12245 DON'S CIRCLE SERVICE, INC VEHICLE REPAIRS& MTC 459.94 10/18 10/12/2018 12246 HEALTH PARTNERS NOV HEALTH INS 10,535.58 10/18 10/12/2018 12247 HOLIDAY STATIONSTORES, LLC FUEL SEPT 3,289.84 10/18 10/12/2018 12248 WILLIAM JACOBSON REIMB FOR EAR PLUGS 4.99 10/18 10/12/2018 12249 METRO SALES, INC COPIER CONTRACT USAGE CHG 71.94 10/18 10/12/2018 12250 NAC SEMI ANNUAL PREVENTIVE MTC 895.00 10/18 10/12/2018 12251 OFFICE OF MN IT SERVICES WAN SERVICES SEPT 57.20 10/18 10/12/2018 12252 QUILL CORPORATION TONER/SUPPLIES 743.64 10/18 10/12/2018 12253 SHRED-N-GO, INC SEPT SHREDDING SERVICE 48.83 10/18 10/12/2018 12254 TELECIDE PRODUCTIONS, INC COMPUTER MTC & SUPPORT-AUG/SE 1,020.00 Grand Totals: 20,200.37 Check#12240-Payroll M = Manual Check, V=Void Check 15 CENTENNIAL LAKES POLICE DEPT Check Register-Police GL without invoice numbers Page: 1 Check Issue Dates: 10/13/2018-10/17/2018 Oct 18, 2018 08:16AM Report Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 10/18 10/15/2018 12255 EMERGENCY AUTO TECH ,INC REPLACE CONSOLE/ETC 2018 VEH 930.12 10/18 10/17/2018 12256 ANOKA COUNTY 3RD QTR CJDN/MDT 540.00 10/18 10/17/2018 12257 ASPEN MILLS, INC UNIFORMS 314.00 10/18 10/17/2018 12258 CENTENNIAL UTILITIES SEPT UTILITIES 449.58 10/18 10/17/2018 12259 CONNEXUS ENERGY ELECTRIC SEPT 1,994.41 10/18 10/17/2018 12260 CONSOLIDATED COMMUNICATIONS PHONES OCT 372.25 10/18 10/17/2018 12261 INITIAL DEFENSE CUSTOMIZED TRAINING LF/DS 790.00 10/18 10/17/2018 12262 MCAA RECPT/INVENTORY/RETURN FORMS 33.00 10/18 10/17/2018 12263 OPTUM MONTHLY SERVICE FEE SEPT 37.50 10/18 10/17/2018 12264 PURCHASE POWER INC POSTAGE REFILL 108.99 10/18 10/17/2018 12265 SUMMIT COMPANIES 5 YEAR INTERNAL INSP OF SYSTEM & 865.00 10/18 10/17/2018 12266 SUPPLYWORKS TOWELS/SOAP 577.93 Grand Totals: 7,012.78 M = Manual Check, V=Void Check 16 CENTENNIAL FIRE DISTRICT Check Register-FIRE GL Page: 1 Check Issue Dates: 10/4/2018-10/18/2018 Oct 18, 2018 09:11 AM Report Criteria: Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 10/18 10/18/2018 8334 Void Check .00 V 10/18 10/18/2018 8335 Void Check .00 V 10/18 10/18/2018 8336 Void Check .00 V 10/18 10/18/2018 8337 Void Check .00 V 10/18 10/18/2018 8338 Void Check .00 V 10/18 10/18/2018 8339 220200 VERIZON WIRELESS 9/5-10/4 MONTHLY PH ASST CHI 53.58 10/18 10/18/2018 8340 30480 CENTENNIAL UTILITIES SEPT UTILITIES STATION 1 190.71 10/18 10/18/2018 8341 31137 CONNEXUS ENERGY SEPT ELECTRIC STATION 1 434.17 10/18 10/18/2018 8342 40045 DELTA DENTAL NOV DENTAL CHIEF & ASST CH 196.25 10/18 10/18/2018 8343 80280 HEALTH PARTNERS NOV HEALTH INS CHIEF &ASS 1,528.32 10/18 10/18/2018 8344 120443 THE LINCOLN NATL LIFE INS C NOV LIFE/DISABILITY INS EMS 343.61 10/18 10/18/2018 8345 60300 FIRE SAFETY USA, INC ENGINE 11 ALTERNATOR REPL 1,463.52 10/18 10/18/2018 8346 130290 MnFIAM BOOK SALES INSPECTION & CODE ENFORC 94.05 Grand Totals: 4,304.21 M = Manual Check, V=Void Check 17 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Verville Agenda Item# Department: Requested Council Meeting Date: Planning 10/24/18 TITLE OF ISSUE: Bay View Villas - Rezoning BACKGROUND AND SUPPLEMENTAL INFORMATION: The development involves two existing parcels. They are currently zoned B-1 and R-3, respectively. The development will be completed through the use of a Planned Unit Development. However, it is appropriate that an underlying zoning for that PUD, be established. The Planning Commission held a public hearing at their June 5, 2018 regular meeting and took input. At their July 10, 2018 meeting, they issued a Findings of Fact(as contained in the attached Stantec memo, dated 7/10/2018) and recommended approval of the rezoning of the two parcels, each to R-2A zoning. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to adopt Ordinance 492, Second Series, and the Findings of Fact as approved by the Planning and Zoning Commission. This action is contingent upon recording of the Final Plat for Bay View Villas. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: X Vote Record: Ave Nay �� King Other(specify) Findings of Fact (Stantec memo) Love Paar Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 18 w J,,, 2335 Highway 36 West, St. Paul MN 55113 Memorandum DATE: July 10, 2018 TO: Centerville Planning and Zoning Commission FROM: Phil Carlson, AICP; and Beth Elliott, AICP, Stantec RE: Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development, and Preliminary Plat BACKGROUND Applicants Rich DeFoe and Jim Boo have applied for a comprehensive plan amendment, rezoning, PUD and preliminary plat for Bay View Villas, proposing to construct eighteen single- family homes and maintain an existing single-family home on the former Waterworks Property at 7265 and 7281 Main Street. This body held a public hearing and reviewed the project at their June 5, 2018 meeting and approved the preliminary plat with conditions. Action on the Rezoning, CUP for a Planned Unit Development, and Comprehensive Plan Amendment was deferred until a draft of the CUP could be presented. The item in front of you is to formally approve or deny the final three applications after a review of the draft CUP included in your packet. Any recommendation for approval of the three remaining applications should be contingent upon the recording of a final plat for the development. The City Council reviewed a revised preliminary plat at their June 27, 2018 meeting. Based on public testimony, particularly related to the plat's relationship with adjacent property owners to the east, the Council tabled the item. The Council will act on all the planning applications on Wednesday, July 11, 2018. r The subject property is approximately 7.3 acres with an existing home and is the former site of the Waterworks Beach Club and Grill, located along Main Street between Centerville Lake and Peltier Lake. Single-family homes border the site to the east and along Peltier Lake Drive to the north of Main Street. ux,191'1 Vlll'I"f f rNirid 19 u July 10, 2018 Centerville City Council Page 2 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat PLANNING ISSUES DISCUSSION 1) Comprehensive Plan and Zoning. In the 2030 Comprehensive Plan, the property is guided High Density Residential for the majority of the site with Commercial designated on the far west where the existing commercial building is located. The Plan identified the subject site in its Existing Growth Management Plan as having the potential to net 75 units at 12 units/acre or greater under the High Density Residential future land use category. High Density Residential "areas are composed of primarily attached units in multi-story structures. The density will be twelve units per acre and greater." 2030 Future Land FIVOW Take C ie V i.ile Roadway Centoll Low iDollwsiiiy Rosidenfiali Ill Del RosielamrtvOM " #lC Ciwes yr�sie-dial �, ;' � � awawerurmaarr;4sfi indumstir l Cilty P. WIN Regional R" Ftoseervo ay 0l WeA of COON* The property is zoned B-1 a� and R-3, corresponding to Existing Zoning the two land use categories above. The B-1 zoning district covers most of the western three units of Bay View Villas while the R-3 district allows single-family homes in combination with multi-family residential only by a PUD. Also, the R-3 district does not allow single- family residential on its own (N , and expects a project to meet the "goal of 12 units per acre", meaning at least 12 units/acre. 2) Application requirements anI, wiir'I ��rnrnunl , ii7 20 u July 10, 2018 Centerville City Council Page 3 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat a. Rezoning The applicant is requesting approval to rezone both parcels from B-1 and R-3 to R- 2A High Density Single Family District which allows a mix of residential uses up to 12 units/acre. The current R-3 zoning district would not allow the proposed single- family homes and the proposed density matches the requirements of the R-2A. b. Conditional Use Permit The applicant is requesting approval of a CUP for a Planned Unit Development. This is required so the project can meet use and density standards. c. Preliminary Plat The applicant is requesting approval of a Preliminary Plat for nineteen single-family residential properties. A new roadway would connect to Main Street at an intersection with Peltier Lake Drive to the north. The new roadway would end in a cul-de-sac in the western section of the property. d. Comprehensive Plan Amendment Once the development applications are approved, the City will need to file a Comprehensive Plan Amendment of the 2030 Comprehensive Plan to the Metropolitan Council on behalf of the developer. The amendment should request both parcels in the subject property be guided for Low Density Residential instead of the current Commercial and High Density Residential. 3) Shoreland provisions The property is subject to Section 156.133 of the zoning code because it is located within 100 feet of Centerville Lake and Peltier Lake. In particular, each lot is required to be a minimum of 15,000 square feet, not less than 100 feet in width, and locate buildings no closer than 75 feet from the ordinary high water level of the lake. Additionally, each parcel needs to conform to the shoreland standards for removal or alteration of vegetation, particularly limiting vegetation clearing within 50 feet of the ordinary high water line. The homes on the lots adjacent to Centerville Lake do not meet the 75-foot setback, minimum lot size, and minimum width. They average 50-60 feet from the ordinary high water line, are 10,000 square feet, and 62 feet wide. However, most other existing homes adjacent to the lake do not meet the 75-foot setback so this development would be in keeping with the shoreline's existing character. The preliminary plat indicates significant grading and elimination of most mature vegetation within 50 feet of Centerville Lake's ordinary high water line. Runoff directly to the lake is primarily from rooftops and yards (and not driveways), so this is better than if the street and driveways drained to the lake and may be acceptable to the watershed district, but the plan still does not meet the spirit and letter of the Shoreland standards. a�, wiir'I ��rnrnunl , ii7 21 u July 10, 2018 Centerville City Council Page 4 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat Planned Unit Development A PUD needs to meet the following standards for a CUP approval: (A) The development shall be planned so that it is consistent with the city comprehensive plan: The PUD will be consistent with the comprehensive plan once a Comprehensive Plan Amendment has been approved through the Metropolitan Council. (B) The PUD is an effective and unified treatment of the development possibilities on the project site and the development plan provides for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain and similar areas; One of the benefits of a PUD is to provide flexibility in a site plan to preserve natural amenities. While the plan does not meet the specific requirements of the shoreland provisions for setbacks and lot size, it can still meet the intent of the ordinance to preserve the body of water and shoreline. A significant drawback of the proposed preliminary plat is the grading and removal of existing vegetation within 50 feet of the ordinary high water line on Centerville Lake. These changes could not only impact the character of the shoreline, but also have negative consequences on the lake from stormwater runoff. Additionally, units 1, 2, and 3 in Block 1 are proposed in a 100-year floodplain but are mitigated through a separation from Centerville Lake's ordinary high water line within 30-75 feet of a flood mitigation zone. Construction of these units will require FEMA approval and vacation of an existing St. Paul Regional Water Services easement. (C) The planned unit development proposal appears to harmonize with both existing and proposed development in the area surrounding the project site; The development proposal is consistent with the single-family residential directly to the east of the property and across Main Street to the north. (D) The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit. In addition, the development plan must include provisions for the preservation of natural amenities; The land is under unified control. The shoreline could be best preserved by designating a swath of land back from Centerville Lake's ordinary high water line for common HOA ownership, which the plat proposes with the 30-foot deep Outlot B. The proposed grading should minimize vegetation removal to protect the character of the current shoreline and future health of the lake from runoff. (E) Each phase of the proposed development, as it is proposed to be completed, is of sufficient size, composition and arrangement that its construction, marketing and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space are balanced and coordinated; The Block 2 stormwater ponding area is on the north side and Outlot B is on the south (with common lakeshore ownership) and west. (F) The PUD will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the district; a�, wiir'I ��rnrnunl , ii7 22 u July 10, 2018 Centerville City Council Page 5 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat The proposal would add 18 residential units and therefore not create an excessive burden on City services. (G) The proposed total development is designed in a manner as to form a desirable and unified environment within its own boundaries; All parcels are of a generally consistent size and configuration and access the property from one new roadway with one access point on Main Street. (H) The plans required under this section must be submitted in a form which will satisfy the requirements of Chapter 153 for the preliminary and final plats; The plans satisfy the requirements of Chapter 153 of the zoning code. (1) Permission to develop specific parcels of land under the provisions which follow shall be binding on all construction. Any change in the development plan after approval by the City Council shall be resubmitted for consideration; and (J) Subdivision review under the subdivision chapter shall be carried out simultaneously with the review of a PUD under this section. Section 156.223 of the zoning code indicates minimum lot size requirements do not apply to a PUD except that the underlying zoning district requirements shall serve as general guidance to determine maximum dwelling unit density of the total development. The proposed R-2A zoning district allows up to 12 units/acre. The proposed 19 units would equate to 2.6 units/acre. The terms of the CUP shall be granted only if evidence is presented to establish: (a) That the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or city; The property was identified in the 2030 Comprehensive Plan as a priority for growth yet has sat vacant. It is in the best interest of the City to support development on identified growth sites. The project is proposing residential units consistent with adjacent properties. (b) That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and The PUD proposes a new roadway that begins with access to Main Street and ends in a cul-de-sac within the subject property. The residential use is consistent with neighborhoods to the east and north. (c) That the proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. The proposal includes possible direct access to the new roadway from LaValle Drive for the three neighboring properties on the east, as well as a single access to the two southerly lots via a connection to the existing private drive a�' wiir'I ��rnrnunl , ii7 23 u July 10, 2018 Centerville City Council Page 6 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat RECOMMENDATIONS At the meeting on June 5, 2018, the Planning and Zoning Commission unanimously recommended approval of a Preliminary Plat for Bay View Villas located at 7265 and 7281 Main Street, based on the drawings from Plowe Engineering dated May 4, 2018 (some drawings are incorrectly labeled 2017) and received by the City May 5, 2018,with nine conditions. Based on the Planning Commission discussion and the revised plans submitted by the applicant, we recommend that the Planning Commission recommend approval of a Comprehensive Plan Amendment, Rezoning, Conditional Use Permit for a Planned Unit Development, and the revised Preliminary Plat for Bay View Villas located at 7265 and 7281 Main Street with the following conditions, subject to Findings of Fact and a code amendment for the rezoning to be adopted by the City Council at a future meeting. Notes in italics below each indicate how the Planning and Zoning Commission conditions of June 5, 2018 relate to the revised preliminary plat and to City staff's current recommendations: 1) The grading plan shall be revised to preserve intact as much as possible of the first 50 feet abutting Centerville Lake, and stormwater shall be directed away from the lake and treated before entering the lake. A landscape plan should be submitted detailing how the shoreline and area 50 feet up from the HWL will be treated to achieve structural stability, water quality, and aesthetic qualities. The grading plan is revised from the earlier submitted plan to provide a swale within the first 30 feet from the lake that would direct runoff to the west. This is an improvement but still grades that area and removes all existing vegetation -it does not meet the intent of the Shoreland standards, which suggest not disturbing this shoreland area. The landscape plan reestablishes trees in this area but could be improved by planting native grasses and other plants appropriate for the shoreland area. 2) A portion of the first 50 feet from the ordinary high water line on Centerville Lake shall be in common HOA ownership to better protect the character of the shoreline and health of Centerville Lake, including provision for a managed boat dock system. The revised plat proposes the first 30 feet of shoreline be in Outlot B, in common ownership. There is limited language in the revised narrative addressing docks, which needs to be clarified. 3) The Final PUD Development Plan shall include a Landscaping Plan. A preliminary landscape plan for the shoreline area was submitted, but it could be improved with more plants and more native shoreland vegetation instead of standard lawn turf. 4) The Final Plat shall be approved by the City Council. a�, wiir'I ��rnrnunl , ii7 24 u July 10, 2018 Centerville City Council Page 7 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat Some condition would apply. 5) The developer shall complete the required FEMA floodplain approval process and work with St. Paul Regional Water Services on the necessary easement vacation. Some condition would apply. 6) The developer shall obtain approval of the LaValle Drive access relocation plan from Anoka County. Some condition would apply. The county has approved the LaValle Drive plan. 7) The developer shall work with the City to provide driveway access to the new LaValle Drive for the five neighboring properties to the east, plus water service stubs (to the property line) and reconnection of electricity, gas, phone and cable at no cost to those property owners. The revised plan does not meet the Planning Commission condition of no cost to property owners. However, city staff, the developer, Mr. DeFoe and the three neighboring property owners met and have agreed to the following conditions: a. LaValle Drive residents may hook to private utilities (gas, power, cable TV, phone, internet) in the boulevard of the new LaValle Drive at their own cost. The city and developer will work with the various utilities to facilitate this process. b. LaValle Drive residents may arrange for the abandonment of private utilities at their own cost along the former LaValle Drive corridor. The city and developer will work with the various utilities to facilitate this process. c. City will pay for sewer service stubs to property line (developer to submit engineer's estimate of these costs). The City will only pay the actual costs for the service stubs. d. City will pay for water service stubs to property line (developer to submit engineer's estimate of these costs). The City will only pay the actual costs for the service stubs. LaValle Drive residents will be responsible for water access charges per the city's fee schedule at the time of hook-up, including both the Water Access Charge (WAC) and the Lateral Benefit Fee for properties that have not been assessed for water main improvements. e. Property owner Erik Marshal may request a larger service than normal residential, but will be responsible for the additional costs f. Developer will extend each driveway(except southerly of two Erik Marshal lots) from the new LaValle Drive to the property line. LaValle Drive homeowners will be responsible for any improvements on their property. g. LaValle Drive homeowners will demolish gravel road and restore with black dirt and turf. Developer will perform restoration work on the county road as needed to disconnect LaValle Drive from Main Street upon abandonment of the road by the homeowners. h. Plat shall be revised to allow reasonable direct access to the northerly of the two lots owned by Erik Marshal. This may decrease the north side of Mr. DeFoe's lot. a�,I wiir'I ��rnrnunll y�iin 25 u July 10, 2018 Centerville City Council Page 8 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat i. Plat shall be revised reduce the size of Outlot A to allow reasonably direct access to LaValle Drive for Mr. and Mrs. Zimney, so that this driveway may be straighter. 8) The developer shall address all comments of the Centerville Public Works Department, City Engineer, and Public Safety officials to their satisfaction. Some condition would apply. 9) The City will consider further reduced front setbacks for structures to the right-of-way on new LaValle Drive if necessary to achieve other conditions in this approval. The current plan has the some structure locations and setbacks as the previous plan. FINDINGS OF FACT If the Planning Commission recommends approval of the requests, the following Findings of Fact would support that decision: 1) Comprehensive Plan amendment: a. The property is currently guided for residential development and the proposed land use plan amendment would be a reasonable use for this area, reducing the anticipated density while provideding needed housing and economic development for the City. b. The amendment to Low Density Residential is appropriate for the area and fits the developer's intentions. 2) Rezoning a. The property is currently zoned B-1 Commercial and R-3 High Density Residential. Rezoning to R-2A is reasonable for the area and consistent with the land use plan amendment being requested. 3) Conditional Use Permit for a Planned Unit Development (PUD): a. The proposed project meets the intent of the City's PUD code: i. It is consistent with the Comprehensive Plan, as amended for the project; ii. The project is a unified treatment of the site and deals responsible with the lake shore and wetlands on site; iii. The project harmonizes with surrounding properties in terms of land use, property access and scale of development; iv. The project will be developed as one unit under a homeowners association, including the shoreland which will be in common ownership; v. The project will be provide common storm ponding areas and lakeshore easements that are balanced with the overall project; vi. The new 18 units would not create an excessive burden on City services. vii. The project will be a desirable environment within its boundaries; viii. The project will satisfy Chapter 153 requirements for platting; a�, v/Mh ��rnrnunl , ii7 26 u July 10, 2018 Centerville City Council Page 9 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat ix. Subdivision review is occurring simultaneously with zoning review of the project. x. Density for the project, at 2.6 units per acre,will be within the allowable density of up to 12 units per acre for the R-2A zoning. b. The proposed project meets the requirements for a Conditional Use Permit in City Code: i. The project is necessary and desirable, considering that the property has sat vacant for many years and this project will meet a market demand; ii. The project will not have adverse impacts on surrounding properties, traffic, utilities or public health; iii. The project allow reasonable development of neighboring properties, and will improve the access condition and development potential of adjacent properties with the new public street being proposed. 4) Preliminary Plat: a. The proposed plat is a unified treatment of the property, providing reasonable lots with access to a new public street, and will provide necessary easements for drainage, utilities and shoreland maintenance. NEXT STEPS The City Council will consider the four zoning applications associated with this development. Upon approval, the City will work with the applicant on a development agreement that meets the conditions of approval prior to City Council action on the final plat. City staff will produce Findings of Fact to reflect City Council action and a code amendment for the rezoning to be acted on at a future City Council meeting. a�'I wiir'I ��rnrnunl , ii7 27 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE 492, Second Series AN ORDINANCE REZONING CERTAIN PROPERTY FROM B-1 TO R-2A and R3 TO R-2A THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: SECTION 1. City Code Chapter 156, the City's zoning ordinance, is hereby amended by rezoning certain property located within the City of Centerville, County of Anoka, State of Minnesota, and legally described as: FROM B-1 to R-2A Property ID #: 15-31-22-43-0004(7281 Main Street) LOT 11 AUDITORS SUBDIVISION NO 46 REV BEING PRT OF GOVT LOT 3 SEC 15 TWP 31 R 22 LYG SLY& ELY OF FOL DESC LINE:COM AT WC TO MEAN COR NO 23 ON E LINE OF GOVT LOT 4 SD SEC 15,TH ON AN ASSD BRGOF N ALG SD E LINE, 191.82 FT,TH N 50 DEG 58 MIN W 219.42 FT,TH N 89 DEG 03 MIN W 329.58 FT,TH N 89 DEG 20 MIN 40 SEC W 819.90 FT TO PT OF INTER OF C/L OF CSAH NO 14 WITH E LINE OF SD GOVT LOT 3&POB OF LINE TO BE DESC,TH NWLY ALG SD C/L ON TAN CUR CONC TO N, RADIUS 497.19 FT&CEN ANG OF 22 DEG 44 MIN 40 SEC, 197.37 FT,TH N 66 DEG 36 MIN W,ALG SD C/L, 71.69 FT,TH S 47 DEG 00 MIN W 41FT,+OR-TO SHORELINE OF CENTERVILLE LAKE&THERE TERM FROM R-3 to R-2A Property ID #: 15-31-22-43-0001(7265 Main Street) LOT 9 AUDITORS SUBDIVISION NO 46 REV BEING PRT OF GOVT LOT 4 SEC 15 TWP 31 RGE 22 DESC AS FOL:COM AT WC TO M C NO 23 ON E LINE OF SD GOVT LOT,TH N ALG SD E LINE 191.82 FT,TH N 50 DEG 58 MIN W219.42 FT,TH N 89 DEG 03 MIN W 329.58 FT TO PT ON C/L OF CSAH NO 14,TH N 89 DEG 20 MIN 40 SEC W ALG SD C/L 1.23 FT TO POB,TH S 32 DEG 30 MIN 26 SEC W 676.23 FT,TH N 56 DEG 58 MIN W 386.16 FT,TH N 63 DEG 58 MIN W 147.09 FT TO W LINE OF SD GOVT LOT,TH N 0 DEG 07 MIN 56 SEC E ALG SD W LINE 304.59 FT TO INTER/W SD C/L,TH S 89 DEG 20 MIN 40 SEC E ALG SD C/L 818.67 FT TO POB SECTION 2. The Zoning Map of the City of Centerville referred to and described in Chapter 156 shall not be republished to show the aforesaid rezoning, but the City Administrator or the City Administrator's designee shall appropriately mark the Zoning Map on file in the City Administrator's office for the purpose of indicating the rezoning 28 provided for in this ordinance and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. SECTION 3. This ordinance shall be effective immediately upon its passage and publication according to law. PASSED AND ADOPTED this 24th day of October, 2018, by the City Council of the City of Centerville. Jeff Paar, Mayor ATTEST: Teresa Bender, City Clerk 29 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Verville Agenda Item# Department: Requested Council Meeting Date: Planning 10/24/18 TITLE OF ISSUE: Bay View Villas - Conditional Use Permit for a Planned Unit Development BACKGROUND AND SUPPLEMENTAL INFORMATION: The development will be completed through the use of a Planned Unit Development. City Code authorizes the use of a Planned Unit Development, only as a Conditional Use. Attached is a Conditional Use Permit(CUP) for the Planned Unit Development, to be known as Bay View Villas. This permit runs with the land, in perpetuity, subject to the conditions within the permit. The Planning Commission held a public hearing at their June 5, 2018 regular meeting and took input on the CUP. At their July 10, 2018 meeting, they issued a Findings of Fact(as contained in the attached Stantec memo, dated 7/10/2018) and recommended approval of the draft Conditional Use Permit for a Planned Unit Development. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to approve the Conditional Use Permit for a Planned Unit Development, and the Findings of Fact as approved by the Planning and Zoning Commission. This action is contingent upon recording of the Final Plat for Bay View Villas. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Ave Nay �� King Other(specify) Conditional Use Permit Love 0 Paar Findings of Fact (Stantec memo) Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 30 w 2335 Highway 36 West, St. Paul MN 55113 Memorandum DATE: July 10, 2018 TO: Centerville Planning and Zoning Commission FROM: Phil Carlson, AICP; and Beth Elliott, AICP, Stantec RE: Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development, and Preliminary Plat BACKGROUND Applicants Rich DeFoe and Jim Boo have applied for a comprehensive plan amendment, rezoning, PUD and preliminary plat for Bay View Villas, proposing to construct eighteen single- family homes and maintain an existing single-family home on the former Waterworks Property at 7265 and 7281 Main Street. This body held a public hearing and reviewed the project at their June 5, 2018 meeting and approved the preliminary plat with conditions. Action on the Rezoning, CUP for a Planned Unit Development, and Comprehensive Plan Amendment was deferred until a draft of the CUP could be presented. The item in front of you is to formally approve or deny the final three applications after a review of the draft CUP included in your packet. Any recommendation for approval of the three remaining applications should be contingent upon the recording of a final plat for the development. The City Council reviewed a revised preliminary plat at their June 27, 2018 meeting. Based on public testimony, particularly related to the plat's relationship with adjacent property owners to the east, the Council tabled the item. The Council will act on all the planninga; applications on Wednesday, July 11, 2018. The subject property is approximately 7.3 acres with an existing home and is the former site of the Waterworks Beach Club and Grill, located along Main Street between Centerville Lake and Peltier Lake. Single-family homes border the site to the east and along Peltier Lake Drive to the north of Main Street. ux,191'1 Vlll'I"f f rNirid 31 (I July 10, 2018 Centerville City Council Page 2 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat PLANNING ISSUES DISCUSSION 1) Comprehensive Plan and Zoning. In the 2030 Comprehensive Plan, the property is guided High Density Residential for the majority of the site with Commercial designated on the far west where the existing commercial building is located. The Plan identified the subject site in its Existing Growth Management Plan as having the potential to net 75 units at 12 units/acre or greater under the High Density Residential future land use category. High Density Residential "areas are composed of primarily attached units in multi-story structures. The density will be twelve units per acre and greater." 2030 Future Land AMW tmftl, Ciao`Ult Roadway Centoll Low iDonsnty Rosidenfiat HIgh 0 ormiry,ResidsnAIaI woo/// Ca0k%Ked YG0 a wawMrmaawrHgm `ji PaGi�cr amr�n-Pl ��11 C IAir manic WI Regional Pbw 6tssema°vme RMQ` -��•Wsy �wuwrwr��rv��+r w�aawwp�pwnr � 0Pon WeAser C."W"Moo LAW The property is zoned B-1 and R-3, corresponding to Existing Zoning the two land use categories w.." above. The B-1 zoning district covers most of the western three units of Ba View Villas while the R-3 district allows single-family homes in combination with multi-family residential only by a PUD. Also, the R-3 district does not allow single- family residential on its own '' and expects a project to meet the "goal of 12 units per acre", meaning at least 12 units/acre. 2) Application requirements anI, wiir'I ��rnrnunl , ii7 32 (I July 10, 2018 Centerville City Council Page 3 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat a. Rezoning The applicant is requesting approval to rezone both parcels from B-1 and R-3 to R- 2A High Density Single Family District which allows a mix of residential uses up to 12 units/acre. The current R-3 zoning district would not allow the proposed single- family homes and the proposed density matches the requirements of the R-2A. b. Conditional Use Permit The applicant is requesting approval of a CUP for a Planned Unit Development. This is required so the project can meet use and density standards. c. Preliminary Plat The applicant is requesting approval of a Preliminary Plat for nineteen single-family residential properties. A new roadway would connect to Main Street at an intersection with Peltier Lake Drive to the north. The new roadway would end in a cul-de-sac in the western section of the property. d. Comprehensive Plan Amendment Once the development applications are approved, the City will need to file a Comprehensive Plan Amendment of the 2030 Comprehensive Plan to the Metropolitan Council on behalf of the developer. The amendment should request both parcels in the subject property be guided for Low Density Residential instead of the current Commercial and High Density Residential. 3) Shoreland provisions The property is subject to Section 156.133 of the zoning code because it is located within 100 feet of Centerville Lake and Peltier Lake. In particular, each lot is required to be a minimum of 15,000 square feet, not less than 100 feet in width, and locate buildings no closer than 75 feet from the ordinary high water level of the lake. Additionally, each parcel needs to conform to the shoreland standards for removal or alteration of vegetation, particularly limiting vegetation clearing within 50 feet of the ordinary high water line. The homes on the lots adjacent to Centerville Lake do not meet the 75-foot setback, minimum lot size, and minimum width. They average 50-60 feet from the ordinary high water line, are 10,000 square feet, and 62 feet wide. However, most other existing homes adjacent to the lake do not meet the 75-foot setback so this development would be in keeping with the shoreline's existing character. The preliminary plat indicates significant grading and elimination of most mature vegetation within 50 feet of Centerville Lake's ordinary high water line. Runoff directly to the lake is primarily from rooftops and yards (and not driveways), so this is better than if the street and driveways drained to the lake and may be acceptable to the watershed district, but the plan still does not meet the spirit and letter of the Shoreland standards. a�, wiir'I ��rnrnunl , ii7 33 (I July 10, 2018 Centerville City Council Page 4 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat Planned Unit Development A PUD needs to meet the following standards for a CUP approval: (A) The development shall be planned so that it is consistent with the city comprehensive plan: The PUD will be consistent with the comprehensive plan once a Comprehensive Plan Amendment has been approved through the Metropolitan Council. (B) The PUD is an effective and unified treatment of the development possibilities on the project site and the development plan provides for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain and similar areas; One of the benefits of a PUD is to provide flexibility in a site plan to preserve natural amenities. While the plan does not meet the specific requirements of the shoreland provisions for setbacks and lot size, it can still meet the intent of the ordinance to preserve the body of water and shoreline. A significant drawback of the proposed preliminary plat is the grading and removal of existing vegetation within 50 feet of the ordinary high water line on Centerville Lake. These changes could not only impact the character of the shoreline, but also have negative consequences on the lake from stormwater runoff. Additionally, units 1, 2, and 3 in Block 1 are proposed in a 100-year floodplain but are mitigated through a separation from Centerville Lake's ordinary high water line within 30-75 feet of a flood mitigation zone. Construction of these units will require FEMA approval and vacation of an existing St. Paul Regional Water Services easement. (C) The planned unit development proposal appears to harmonize with both existing and proposed development in the area surrounding the project site; The development proposal is consistent with the single-family residential directly to the east of the property and across Main Street to the north. (D) The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit. In addition, the development plan must include provisions for the preservation of natural amenities; The land is under unified control. The shoreline could be best preserved by designating a swath of land back from Centerville Lake's ordinary high water line for common HOA ownership, which the plat proposes with the 30-foot deep Outlot B. The proposed grading should minimize vegetation removal to protect the character of the current shoreline and future health of the lake from runoff. (E) Each phase of the proposed development, as it is proposed to be completed, is of sufficient size, composition and arrangement that its construction, marketing and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space are balanced and coordinated; The Block 2 stormwater ponding area is on the north side and Outlot B is on the south (with common lakeshore ownership) and west. (F) The PUD will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the district; a�, wiir'I ��rnrnunl , ii7 34 (I July 10, 2018 Centerville City Council Page 5 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat The proposal would add 18 residential units and therefore not create an excessive burden on City services. (G) The proposed total development is designed in a manner as to form a desirable and unified environment within its own boundaries; All parcels are of a generally consistent size and configuration and access the property from one new roadway with one access point on Main Street. (H) The plans required under this section must be submitted in a form which will satisfy the requirements of Chapter 153 for the preliminary and final plats; The plans satisfy the requirements of Chapter 153 of the zoning code. (1) Permission to develop specific parcels of land under the provisions which follow shall be binding on all construction. Any change in the development plan after approval by the City Council shall be resubmitted for consideration; and (J) Subdivision review under the subdivision chapter shall be carried out simultaneously with the review of a PUD under this section. Section 156.223 of the zoning code indicates minimum lot size requirements do not apply to a PUD except that the underlying zoning district requirements shall serve as general guidance to determine maximum dwelling unit density of the total development. The proposed R-2A zoning district allows up to 12 units/acre. The proposed 19 units would equate to 2.6 units/acre. The terms of the CUP shall be granted only if evidence is presented to establish: (a) That the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or city; The property was identified in the 2030 Comprehensive Plan as a priority for growth yet has sat vacant. It is in the best interest of the City to support development on identified growth sites. The project is proposing residential units consistent with adjacent properties. (b) That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and The PUD proposes a new roadway that begins with access to Main Street and ends in a cul-de-sac within the subject property. The residential use is consistent with neighborhoods to the east and north. (c) That the proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. The proposal includes possible direct access to the new roadway from LaValle Drive for the three neighboring properties on the east, as well as a single access to the two southerly lots via a connection to the existing private drive a�' wiir'I ��rnrnunl , ii7 35 (I July 10, 2018 Centerville City Council Page 6 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat RECOMMENDATIONS At the meeting on June 5, 2018, the Planning and Zoning Commission unanimously recommended approval of a Preliminary Plat for Bay View Villas located at 7265 and 7281 Main Street, based on the drawings from Plowe Engineering dated May 4, 2018 (some drawings are incorrectly labeled 2017) and received by the City May 5, 2018,with nine conditions. Based on the Planning Commission discussion and the revised plans submitted by the applicant, we recommend that the Planning Commission recommend approval of a Comprehensive Plan Amendment, Rezoning, Conditional Use Permit for a Planned Unit Development, and the revised Preliminary Plat for Bay View Villas located at 7265 and 7281 Main Street with the following conditions, subject to Findings of Fact and a code amendment for the rezoning to be adopted by the City Council at a future meeting. Notes in italics below each indicate how the Planning and Zoning Commission conditions of June 5, 2018 relate to the revised preliminary plat and to City staff's current recommendations: 1) The grading plan shall be revised to preserve intact as much as possible of the first 50 feet abutting Centerville Lake, and stormwater shall be directed away from the lake and treated before entering the lake. A landscape plan should be submitted detailing how the shoreline and area 50 feet up from the HWL will be treated to achieve structural stability, water quality, and aesthetic qualities. The grading plan is revised from the earlier submitted plan to provide a swale within the first 30 feet from the lake that would direct runoff to the west. This is an improvement but still grades that area and removes all existing vegetation -it does not meet the intent of the Shoreland standards, which suggest not disturbing this shoreland area. The landscape plan reestablishes trees in this area but could be improved by planting native grasses and other plants appropriate for the shoreland area. 2) A portion of the first 50 feet from the ordinary high water line on Centerville Lake shall be in common HOA ownership to better protect the character of the shoreline and health of Centerville Lake, including provision for a managed boat dock system. The revised plat proposes the first 30 feet of shoreline be in Outlot B, in common ownership. There is limited language in the revised narrative addressing docks, which needs to be clarified. 3) The Final PUD Development Plan shall include a Landscaping Plan. A preliminary landscape plan for the shoreline area was submitted, but it could be improved with more plants and more native shoreland vegetation instead of standard lawn turf. 4) The Final Plat shall be approved by the City Council. a�, wiir'I ��rnrnunl , ii7 36 (I July 10, 2018 Centerville City Council Page 7 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat Some condition would apply. 5) The developer shall complete the required FEMA floodplain approval process and work with St. Paul Regional Water Services on the necessary easement vacation. Some condition would apply. 6) The developer shall obtain approval of the LaValle Drive access relocation plan from Anoka County. Some condition would apply. The county has approved the LaValle Drive plan. 7) The developer shall work with the City to provide driveway access to the new LaValle Drive for the five neighboring properties to the east, plus water service stubs (to the property line) and reconnection of electricity, gas, phone and cable at no cost to those property owners. The revised plan does not meet the Planning Commission condition of no cost to property owners. However, city staff, the developer, Mr. DeFoe and the three neighboring property owners met and have agreed to the following conditions: a. LaValle Drive residents may hook to private utilities (gas, power, cable TV, phone, internet) in the boulevard of the new LaValle Drive at their own cost. The city and developer will work with the various utilities to facilitate this process. b. LaValle Drive residents may arrange for the abandonment of private utilities at their own cost along the former LaValle Drive corridor. The city and developer will work with the various utilities to facilitate this process. c. City will pay for sewer service stubs to property line (developer to submit engineer's estimate of these costs). The City will only pay the actual costs for the service stubs. d. City will pay for water service stubs to property line (developer to submit engineer's estimate of these costs). The City will only pay the actual costs for the service stubs. LaValle Drive residents will be responsible for water access charges per the city's fee schedule at the time of hook-up, including both the Water Access Charge (WAC) and the Lateral Benefit Fee for properties that have not been assessed for water main improvements. e. Property owner Erik Marshal may request a larger service than normal residential, but will be responsible for the additional costs f. Developer will extend each driveway(except southerly of two Erik Marshal lots) from the new LaValle Drive to the property line. LaValle Drive homeowners will be responsible for any improvements on their property. g. LaValle Drive homeowners will demolish gravel road and restore with black dirt and turf. Developer will perform restoration work on the county road as needed to disconnect LaValle Drive from Main Street upon abandonment of the road by the homeowners. h. Plat shall be revised to allow reasonable direct access to the northerly of the two lots owned by Erik Marshal. This may decrease the north side of Mr. DeFoe's lot. a�,I wiir'I ��rnrnunll y�iin 37 (I July 10, 2018 Centerville City Council Page 8 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat i. Plat shall be revised reduce the size of Outlot A to allow reasonably direct access to LaValle Drive for Mr. and Mrs. Zimney, so that this driveway may be straighter. 8) The developer shall address all comments of the Centerville Public Works Department, City Engineer, and Public Safety officials to their satisfaction. Some condition would apply. 9) The City will consider further reduced front setbacks for structures to the right-of-way on new LaValle Drive if necessary to achieve other conditions in this approval. The current plan has the some structure locations and setbacks as the previous plan. FINDINGS OF FACT If the Planning Commission recommends approval of the requests, the following Findings of Fact would support that decision: 1) Comprehensive Plan amendment: a. The property is currently guided for residential development and the proposed land use plan amendment would be a reasonable use for this area, reducing the anticipated density while provideding needed housing and economic development for the City. b. The amendment to Low Density Residential is appropriate for the area and fits the developer's intentions. 2) Rezoning a. The property is currently zoned B-1 Commercial and R-3 High Density Residential. Rezoning to R-2A is reasonable for the area and consistent with the land use plan amendment being requested. 3) Conditional Use Permit for a Planned Unit Development (PUD): a. The proposed project meets the intent of the City's PUD code: i. It is consistent with the Comprehensive Plan, as amended for the project; ii. The project is a unified treatment of the site and deals responsible with the lake shore and wetlands on site; iii. The project harmonizes with surrounding properties in terms of land use, property access and scale of development; iv. The project will be developed as one unit under a homeowners association, including the shoreland which will be in common ownership; v. The project will be provide common storm ponding areas and lakeshore easements that are balanced with the overall project; vi. The new 18 units would not create an excessive burden on City services. vii. The project will be a desirable environment within its boundaries; viii. The project will satisfy Chapter 153 requirements for platting; a�, v/Mh ��rnrnunl , ii7 38 (I July 10, 2018 Centerville City Council Page 9 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat ix. Subdivision review is occurring simultaneously with zoning review of the project. x. Density for the project, at 2.6 units per acre,will be within the allowable density of up to 12 units per acre for the R-2A zoning. b. The proposed project meets the requirements for a Conditional Use Permit in City Code: i. The project is necessary and desirable, considering that the property has sat vacant for many years and this project will meet a market demand; ii. The project will not have adverse impacts on surrounding properties, traffic, utilities or public health; iii. The project allow reasonable development of neighboring properties, and will improve the access condition and development potential of adjacent properties with the new public street being proposed. 4) Preliminary Plat: a. The proposed plat is a unified treatment of the property, providing reasonable lots with access to a new public street, and will provide necessary easements for drainage, utilities and shoreland maintenance. NEXT STEPS The City Council will consider the four zoning applications associated with this development. Upon approval, the City will work with the applicant on a development agreement that meets the conditions of approval prior to City Council action on the final plat. City staff will produce Findings of Fact to reflect City Council action and a code amendment for the rezoning to be acted on at a future City Council meeting. a�'I wiir'I ��rnrnunl , ii7 39 CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE 418-xx AN ORDINANCE OF THE CITY COUNCIL OF CENTERVILLE, MINNESOTA, APPROVING A PLANNED UNIT DEVEOPMENT AND CONDTIONAL USE PERMIT FOR THE BAY VIEW VILLAS WHEREAS, RICHARD A. DEFOE AND KARNA J. DEFOE, ("Applicant"), are the fee owners of these "Subject Parcels" as legally described in Exhibit A, attached. WHEREAS, Applicant obtained preliminary approval for the Plat, BAY VIEW VILLAS. Said Plat combines the Subject Parcels into a unified parcel for subdivision into blocks, lots, and outlots. WHEREAS, the Planning and Zoning Commission held a series of land use hearings ultimately resulting in combining and replatting the Subject Parcels into the Plat, BAY VIEW VILLAS. All of these applications were brought in conjunction with an application for a Planned Unit Development. WHEREAS, the Applicant obtained the RECOMMENDATION of the Planning and Zoning Commission to GRANT variances pursuant to a Planned Unit Development and set forth conditions in the form of a Conditional Use Permit governing the development of the parcel and the construction of improvements thereon. WHEREAS, at its meeting on June 5, 2018, the Planning and Zoning Commission made the FINDINGS with respect to the application for a Planned Unit Development and Conditional Use Permit by its adoption of the Memorandum, dated July 10, 2018, from Phil Carlson and Beth Elliot, from Stantec, regarding the Bay View Villas — Comprehensive Plan Amendment, Rezoning, Planned Unit Development, and Preliminary Plat. This memorandum is attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Centerville, Minnesota, that it adopts the aforementioned findings of fact related to the requested land use applications for the Subject Parcels, and DOES ORDAIN the adoption of each recommendation of the Planning and Zoning Commission approving a Planned Unit Development and Conditional Use Permit for the Plat "Bay View Villas" to include the variances and conditions set forth in Exhibit C. Effective Date. This ordinance shall be effective immediately upon its passage and publication. 40 PASSED AND DULY ADOPTED this 24th day of October 2018 by the City Council of the City of Centerville. Jeff Paar, Mayor Attest: Mark Statz, City Administrator 41 EXHIBIT A Legal Description of Subject Parcels The Subject Parcels consist of two parcels, Property Identification Number 15-31-22-44- 0001, and Property Identification Number 15-31-22-43-0004 (the "Real Property"), legally described as: That part of Government Lot 3, Section 15, Township 31, Range 22, Anoka County, Minnesota lying southerly and easterly of the following described line: Commencing at the witness corner to Meander Corner No. 23 on the east line of Government Lot 4, said Section 15 (data regarding said witness corner is on file in the office of the Anoka County Surveyor); thence on an assumed bearing of North, along said east line, a distance of 191.82 feet; then North 50 degrees 58 minutes 00 seconds West a distance of 219.42 feet; thence North 89 degrees 03 minutes 00 seconds West a distance of 329.58 feet; thence North 89 degrees 20 minutes 40 seconds West a distance 819.90 feet to the point of intersection of the center line of Count State Aid Highway No. 14 (Main Street) with the east line of said Government Lot 3 and the point of beginning of the line to the north, have a radius of 497.19 feet and a central angle of 22 degrees 44 minutes 40 seconds, a distance of 197.37 feet; thence North 66 degrees 36 minutes 00 seconds West, along said centerline, a distance of 71.69 feet; thence South 47 degrees 00 minutes West a distance of 41 feet, more or less, to the shoreline of Centerville Lake and there terminating. EXCEPT Parcel No. 24, Anoka County Highway Right-of-Way Plat No 67. The East line of the above described tract is marked by Judicial landmarks set pursuant to Torrens case 4T-55043 AND That part of Government Lot 4, Section 15, Township 31, Range 22, Anoka County Minnesota described as follows: Commencing at the witness corner to Meaner Corner No. 23 on the east line of Government Lot 4, said Section 15 (data regarding said witness corner is on file in the office of the Anoka County Surveyor); thence on an assumed bearing of North, along said east line a distance of 191.82 feet; thence North 50 degrees 58 minutes 00 seconds West a distance of 219.42 feet; thence North 89 degrees 03 minutes 00 seconds West a distance of 329.58 feet to a point on the centerline of County State Aid Highway No. 14 (Main Street) thence North 89 Degrees 20 minutes 40 seconds West along said centerline a distance of 1.23 feet to the point of beginning of the land to be described; thence South 32 degrees 30 minutes 26 seconds West a distance of 676.23 feet; thence North 56 degrees 58 minutes 00 seconds West a distance of 386.16 feet; thence North 63 degrees 58 minutes 00 seconds West a distance of 147.09 feet to the west line of said Government Lot 4, thence North 0 degrees 07 minutes 56 seconds East, along said west line a 42 distance of 304.59 feet to the intersection with said centerline of County State Aid Highway No. 14; thence South 89 degrees 20 minutes 40 seconds East, along said centerline, a distance of 818.67 feet to the point of beginning. EXCEPT Parcel No. 51, Anoka County Highway Right-of-Way Plat No. 67. A part of the west line of said Government Lot 4 is marked by judicial landmarks set pursuant to the Torrens Case No. T-55043. A part of the east line of the above described land is marked by judicial landmarks set pursuant to Torrens Case No. T-57803. All parcels are subject to easements of record. 43 EXHIBIT B Findings of Fact - Stantec Memorandum 44 ° � 2335 Highway 36 West, St. Paul MN 55113 Memorandum DATE: July 10, 2018 TO: Centerville Planning and Zoning Commission FROM: Phil Carlson, AICP; and Beth Elliott, AICP, Stantec RE: Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development, and Preliminary Plat BACKGROUND Applicants Rich DeFoe and Jim Boo have applied for a comprehensive plan amendment, rezoning, PUD and preliminary plat for Bay View Villas, proposing to construct eighteen single- family homes and maintain an existing single-family home on the former Waterworks Property at 7265 and 7281 Main Street.This body held a public hearing and reviewed the project at their June 5, 2018 meeting and approved the preliminary plat with conditions. Action on the Rezoning, CUP for a Planned Unit Development, and Comprehensive Plan Amendment was deferred until a draft of the CUP could be presented. The item in front of you is to formally approve or deny the final three applications after a review of the draft CUP included in your packet. Any recommendation for approval of the three remaining applications should be contingent upon the recording of a final plat for the development. The City Council reviewed a revised preliminary plat at their June 27, 2018 meeting. Based on public testimony, particularly related to the plat's relationship with adjacent property owners to the east, the Council tabled the item. The Council will act on all the planning applications on Wednesday, July 11, 2018. r,. U l The subject property is approximately 7.3 �� � acres with an existing home and is the former site of the Waterworks Beach Club and Grill, located along Main Street between Centerville Lake and Peltier r. Lake. Single-family homes border the site to the east and along Peltier Lake Drive to the north of Main Street. Ie,,Jg i vo lh c"oriiI'll�r7il,i iri rninl"i; 45 July 10, 2018 Centerville City Council Page 2 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat PLANNING ISSUES DISCUSSION 1) Comprehensive Plan and Zoning. In the 2030 Comprehensive Plan, the property is guided High Density Residential for the majority of the site with Commercial designated on the far west where the existing commercial building is located. The Plan identified the subject site in its Existing Growth Management Plan as having the potential to net 75 units at 12 units/acre or greater under the High Density Residential future land use category. High Density Residential "areas are composed of primarily attached units in multi-story structures. The density will be twelve units per acre and greater." 2030 Future Land 11PNOW t�1 " C 0y U mi t w. Roadway Cwrvtarline Low iDansaiy Rosiden iW - iModium Oensityp Residential High Density ResGdarrai�al ��,ii �,,,i,i�iii,r �U 111111111111111111 8 iSft sand 4rI s� pndtmstfial , � F BwcdaamrtirMPul we cilty Park Ficay"iaonal Park nesewV0 RkiglW,roti,WaV �ww+�www�ww;ms �www�wp� wwrwwmwwwwww '' 43parawar Cf * The property is zoned B-1 a� and R-3, corresponding to - Existing Zoning the two land use categories above. The B-1 zoning district covers most of the western three units of Bay View Villas while the R-3 district allows single-family homes in combination with multi-family residential only by a PUD. Also, the R-3o district does not allow single- family residential on its own and expects a project to meet the "goal of 12 unitsw""""'""". .... ; per acre", meaning at least 12 units/acre. 2) Application requirements N,,,ieji wiih in rri'irrl 46 July 10, 2018 Centerville City Council Page 3 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat a. Rezoning The applicant is requesting approval to rezone both parcels from B-1 and R-3 to R- 2A High Density Single Family District which allows a mix of residential uses up to 12 units/acre. The current R-3 zoning district would not allow the proposed single- family homes and the proposed density matches the requirements of the R-2A. b. Conditional Use Permit The applicant is requesting approval of a CUP for a Planned Unit Development. This is required so the project can meet use and density standards. c. Preliminary Plat The applicant is requesting approval of a Preliminary Plat for nineteen single-family residential properties. A new roadway would connect to Main Street at an intersection with Peltier Lake Drive to the north. The new roadway would end in a cul-de-sac in the western section of the property. d. Comprehensive Plan Amendment Once the development applications are approved, the City will need to file a Comprehensive Plan Amendment of the 2030 Comprehensive Plan to the Metropolitan Council on behalf of the developer. The amendment should request both parcels in the subject property be guided for Low Density Residential instead of the current Commercial and High Density Residential. 3) Shoreland provisions The property is subject to Section 156.133 of the zoning code because it is located within 100 feet of Centerville Lake and Peltier Lake. In particular, each lot is required to be a minimum of 15,000 square feet, not less than 100 feet in width, and locate buildings no closer than 75 feet from the ordinary high water level of the lake. Additionally, each parcel needs to conform to the shoreland standards for removal or alteration of vegetation, particularly limiting vegetation clearing within 50 feet of the ordinary high water line. The homes on the lots adjacent to Centerville Lake do not meet the 75-foot setback, minimum lot size, and minimum width. They average 50-60 feet from the ordinary high water line, are 10,000 square feet, and 62 feet wide. However, most other existing homes adjacent to the lake do not meet the 75-foot setback so this development would be in keeping with the shoreline's existing character. The preliminary plat indicates significant grading and elimination of most mature vegetation within 50 feet of Centerville Lake's ordinary high water line. Runoff directly to the lake is primarily from rooftops and yards (and not driveways), so this is better than if the street and driveways drained to the lake and may be acceptable to the watershed district, but the plan still does not meet the spirit and letter of the Shoreland standards. epi wiih in rri'irrl 47 July 10, 2018 Centerville City Council Page 4 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat Planned Unit Development A PUD needs to meet the following standards for a CUP approval: (A) The development shall be planned so that it is consistent with the city comprehensive plan: The PUD will be consistent with the comprehensive plan once a Comprehensive Plan Amendment has been approved through the Metropolitan Council. (B) The PUD is an effective and unified treatment of the development possibilities on the project site and the development plan provides for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain and similar areas; One of the benefits of a PUD is to provide flexibility in a site plan to preserve natural amenities. While the plan does not meet the specific requirements of the shoreland provisions for setbacks and lot size, it can still meet the intent of the ordinance to preserve the body of water and shoreline. A significant drawback of the proposed preliminary plat is the grading and removal of existing vegetation within 50 feet of the ordinary high water line on Centerville Lake. These changes could not only impact the character of the shoreline, but also have negative consequences on the lake from stormwater runoff. Additionally, units 1,2, and 3 in Block 1 are proposed in a 100-year floodplain but are mitigated through a separation from Centerville Lake's ordinary high water line within 30-75 feet of a flood mitigation zone. Construction of these units will require FEMA approval and vacation of an existing St. Paul Regional Water Services easement. (C) The planned unit development proposal appears to harmonize with both existing and proposed development in the area surrounding the project site; The development proposal is consistent with the single-family residential directly to the east of the property and across Main Street to the north. (D) The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit. In addition, the development plan must include provisions for the preservation of natural amenities; The land is under unified control. The shoreline could be best preserved by designating a swath of land back from Centerville Lake's ordinary high water line for common HOA ownership,which the plat proposes with the 30-foot deep Outlot B. The proposed grading should minimize vegetation removal to protect the character of the current shoreline and future health of the lake from runoff. (E) Each phase of the proposed development, as it is proposed to be completed, is of sufficient size, composition and arrangement that its construction, marketing and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space are balanced and coordinated; The Block 2 stormwater ponding area is on the north side and Outlot B is on the south (with common lakeshore ownership) and west. (F) The PUD will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the district; epi wiih in rri'irrl 48 July 10, 2018 Centerville City Council Page 5 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat The proposal would add 18 residential units and therefore not create an excessive burden on City services. (G) The proposed total development is designed in a manner as to form a desirable and unified environment within its own boundaries; All parcels are of a generally consistent size and configuration and access the property from one new roadway with one access point on Main Street. (H) The plans required under this section must be submitted in a form which will satisfy the requirements of Chapter 153 for the preliminary and final plats; The plans satisfy the requirements of Chapter 153 of the zoning code. (1) Permission to develop specific parcels of land under the provisions which follow shall be binding on all construction. Any change in the development plan after approval by the City Council shall be resubmitted for consideration; and (J) Subdivision review under the subdivision chapter shall be carried out simultaneously with the review of a PUD under this section. Section 156.223 of the zoning code indicates minimum lot size requirements do not apply to a PUD except that the underlying zoning district requirements shall serve as general guidance to determine maximum dwelling unit density of the total development. The proposed R-2A zoning district allows up to 12 units/acre. The proposed 19 units would equate to 2.6 units/acre. The terms of the CUP shall be granted only if evidence is presented to establish: (a) That the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or city; The property was identified in the 2030 Comprehensive Plan as a priority for growth yet has sat vacant. It is in the best interest of the City to support development on identified growth sites. The project is proposing residential units consistent with adjacent properties. (b) That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and The PUD proposes a new roadway that begins with access to Main Street and ends in a cul-de-sac within the subject property. The residential use is consistent with neighborhoods to the east and north. (c) That the proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. The proposal includes possible direct access to the new roadway from LaValle Drive for the three neighboring properties on the east, as well as a single access to the two southerly lots via a connection to the existing private drive epi wiih in rri'irrl 49 July 10, 2018 Centerville City Council Page 6 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat RECOMMENDATIONS At the meeting on June 5, 2018, the Planning and Zoning Commission unanimously recommended approval of a Preliminary Plat for Bay View Villas located at 7265 and 7281 Main Street, based on the drawings from Plowe Engineering dated May 4, 2018 (some drawings are incorrectly labeled 2017) and received by the City May 5, 2018,with nine conditions. Based on the Planning Commission discussion and the revised plans submitted by the applicant, we recommend that the Planning Commission recommend approval of a Comprehensive Plan Amendment, Rezoning, Conditional Use Permit for a Planned Unit Development, and the revised Preliminary Plat for Bay View Villas located at 7265 and 7281 Main Street with the following conditions, subject to Findings of Fact and a code amendment for the rezoning to be adopted by the City Council at a future meeting. Notes in italics below each indicate how the Planning and Zoning Commission conditions of June 5, 2018 relate to the revised preliminary plat and to City staff's current recommendations: 1) The grading plan shall be revised to preserve intact as much as possible of the first 50 feet abutting Centerville Lake, and stormwater shall be directed away from the lake and treated before entering the lake. A landscape plan should be submitted detailing how the shoreline and area 50 feet up from the HWL will be treated to achieve structural stability, water quality, and aesthetic qualities. The grading plan is revised from the earlier submitted plan to provide a swale within the first 30 feet from the lake that would direct runoff to the west. This is an improvement but still grades that area and removes all existing vegetation -it does not meet the intent of the Shoreland standards, which suggest not disturbing this shoreland area. The landscape plan reestablishes trees in this area but could be improved by planting native grasses and other plants appropriate for the shoreland area. 2) A portion of the first 50 feet from the ordinary high water line on Centerville Lake shall be in common HOA ownership to better protect the character of the shoreline and health of Centerville Lake, including provision for a managed boat dock system. The revised plat proposes the first 30 feet of shoreline be in Outlot B, in common ownership. There is limited language in the revised narrative addressing docks, which needs to be clarified. 3) The Final PUD Development Plan shall include a Landscaping Plan. A preliminary landscape plan for the shoreline area was submitted, but it could be improved with more plants and more native shoreland vegetation instead of standard lawn turf. 4) The Final Plat shall be approved by the City Council. epi wiih in rri'irrl 50 July 10, 2018 Centerville City Council Page 7 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat Some condition would apply. 5) The developer shall complete the required FEMA floodplain approval process and work with St. Paul Regional Water Services on the necessary easement vacation. Some condition would apply. 6) The developer shall obtain approval of the LaValle Drive access relocation plan from Anoka County. Some condition would apply. The county has approved the LaValle Drive plan. 7) The developer shall work with the City to provide driveway access to the new LaValle Drive for the five neighboring properties to the east, plus water service stubs (to the property line) and reconnection of electricity, gas, phone and cable at no cost to those property owners. The revised plan does not meet the Planning Commission condition of no cost to property owners. However, city staff, the developer, Mr. DeFoe and the three neighboring property owners met and have agreed to the following conditions: a. LaValle Drive residents may hook to private utilities (gas, power, cable TV, phone, internet) in the boulevard of the new LaValle Drive at their own cost. The city and developer will work with the various utilities to facilitate this process. b. LaValle Drive residents may arrange for the abandonment of private utilities at their own cost along the former LaValle Drive corridor. The city and developer will work with the various utilities to facilitate this process. c. City will pay for sewer service stubs to property line (developer to submit engineer's estimate of these costs). The City will only pay the actual costs for the service stubs. d. City will pay for water service stubs to property line (developer to submit engineer's estimate of these costs). The City will only pay the actual costs for the service stubs. LaValle Drive residents will be responsible for water access charges per the city's fee schedule at the time of hook-up, including both the Water Access Charge (WAC) and the Lateral Benefit Fee for properties that have not been assessed for water main improvements. e. Property owner Erik Marshal may request a larger service than normal residential, but will be responsible for the additional costs f. Developer will extend each driveway(except southerly of two Erik Marshal lots) from the new LaValle Drive to the property line. LaValle Drive homeowners will be responsible for any improvements on their property. g. LaValle Drive homeowners will demolish gravel road and restore with black dirt and turf. Developer will perform restoration work on the county road as needed to disconnect LaValle Drive from Main Street upon abandonment of the road by the homeowners. h. Plat shall be revised to allow reasonable direct access to the northerly of the two lots owned by Erik Marshal. This may decrease the north side of Mr. DeFoe's lot. v/JH'I r �?rnrnun!Hy� in rri'irrl 51 July 10, 2018 Centerville City Council Page 8 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat i. Plat shall be revised reduce the size of Outlot A to allow reasonably direct access to LaValle Drive for Mr. and Mrs. Zimney, so that this driveway may be straighter. 8) The developer shall address all comments of the Centerville Public Works Department, City Engineer, and Public Safety officials to their satisfaction. Some condition would apply. 9) The City will consider further reduced front setbacks for structures to the right-of-way on new LaValle Drive if necessary to achieve other conditions in this approval. The current plan has the some structure locations and setbacks as the previous plan. FINDINGS OF FACT If the Planning Commission recommends approval of the requests, the following Findings of Fact would support that decision: 1) Comprehensive Plan amendment: a. The property is currently guided for residential development and the proposed land use plan amendment would be a reasonable use for this area, reducing the anticipated density while provideding needed housing and economic development for the City. b. The amendment to Low Density Residential is appropriate for the area and fits the developer's intentions. 2) Rezoning a. The property is currently zoned B-1 Commercial and R-3 High Density Residential. Rezoning to R-2A is reasonable for the area and consistent with the land use plan amendment being requested. 3) Conditional Use Permit for a Planned Unit Development (PUD): a. The proposed project meets the intent of the City's PUD code: i. It is consistent with the Comprehensive Plan, as amended for the project; ii. The project is a unified treatment of the site and deals responsible with the lake shore and wetlands on site; iii. The project harmonizes with surrounding properties in terms of land use, property access and scale of development; iv. The project will be developed as one unit under a homeowners association, including the shoreland which will be in common ownership; v. The project will be provide common storm ponding areas and lakeshore easements that are balanced with the overall project; vi. The new 18 units would not create an excessive burden on City services. vii. The project will be a desirable environment within its boundaries; viii. The project will satisfy Chapter 153 requirements for platting; epi wiih in rri'irrl 52 July 10, 2018 Centerville City Council Page 9 of 9 Bay View Villas-Comprehensive Plan Amendment, Rezoning, Planned Unit Development,&Preliminary Plat ix. Subdivision review is occurring simultaneously with zoning review of the project. x. Density for the project, at 2.6 units per acre, will be within the allowable density of up to 12 units per acre for the R-2A zoning. b. The proposed project meets the requirements for a Conditional Use Permit in City Code: i. The project is necessary and desirable, considering that the property has sat vacant for many years and this project will meet a market demand; ii. The project will not have adverse impacts on surrounding properties, traffic, utilities or public health; iii. The project allow reasonable development of neighboring properties, and will improve the access condition and development potential of adjacent properties with the new public street being proposed. 4) Preliminary Plat: a. The proposed plat is a unified treatment of the property, providing reasonable lots with access to a new public street, and will provide necessary easements for drainage, utilities and shoreland maintenance. NEXT STEPS The City Council will consider the four zoning applications associated with this development. Upon approval, the City will work with the applicant on a development agreement that meets the conditions of approval prior to City Council action on the final plat. City staff will produce Findings of Fact to reflect City Council action and a code amendment for the rezoning to be acted on at a future City Council meeting. epi wiih in rri'irrl 53 z z z r•/ 6 / ,' 1 '; x x cn FA •� z Z? fi �;! _-\�.\ '�,�, ids F�.l .'` __�' �` - ` ",..,.., 42.4 I > z y oh o- {� / w.i 2i5 -a O 48.5 f.1» �v'Ty�,S ti„� �'h., e��•a � I upivcwar in m r. � w;ae o'h� r t Tj k✓".. � '�, �"Ga �' � - �--tc--___ m (n n h +d _ �e n •st`° •1,. (Jo h h c ~ Ilk f 4b, Co MPJ ^O Z A peiw: C 1' 111 July 9, 2018 Mark City i i rl i r City t i Current ive property owners (7242/7248/7252 Drive) Re: Proposed Bay View The elements listed below, ifth one, were discussedit by I parties participatingin the Julyi Id at City Hall. We felt it it to document these elementsin order to prevent any potentialfuture misunderstandings. Iements pertain primarilyr rrent LaValle Drive propertiesr is some overlapi the two currentll riv properties 1 IDrive) on the south end of the current LaValle Drive, particularly l i f utilities and easements and the reconnection of utilities. We notethat thisis notit r all elements that currently existi in the should the Bay Viewill vforward. 1.) , street name The new City ill li in the proposediVillas development will be named LaValleDrive. .) I i.J The Bay View illas developer will construct 12 foot wide bituminousdriveways from the new LaValle Drivein the proposed Bay Viewill development to common property line between the proposed developmentthree propertiesnortherly jii v (7242/7248/7252 LaValle Driv ), should those adjoiningr via the new LaValle Drivein the proposed development. ill remain recently li iPlat, ith perimeter dimensions 88.4748.6758.0757.3'. Actual drivewayi ined by adjoini property , in conjunctionit i f Centerville and the developer. As 9,1201",1), Ull EI� ����w,lkl��i�a�uiio��� ��ii�r������ti��°I� ��������i�d��°��7t���ii�� �°,f �,'1'2�;i m.�rv,,'6 �,�7�24� 3 IL..��'o�����11c,� � h" � �u 55 i��elu��t LsVaHie' t['11k, d (,:11o,, 1],-iiesie A sJ ti,y r'i� e,:,,vf 71"? 2' 11�I�tli�"OUe C"I'lilIkI-i '14 v�a of 725211'1�ve we fi,,ifijire af:,: ess to (,"]"ISAJl-I' 14 1 t[tie Ill Iat ar'lly coinrl�' c,:",'J1JI(,,xIIItIo,�,"I'Welerii Oiei,r, all,�itl 11-ie "Posed 10�1'1)1 lr�,�anrt, ol(DII flki al, 3.).Exisfing Utilities/ 9 Fasern nts L _ -- All existing utilities (electrl ctgas/phone/cable) running along and within the current LaValle Drive will be abandoned and removed, as necessary, and those utilities' easements will be abandoned. tl-le C111 Ditivir r, airI iid t,, wk dievOo;,,.mir,of the osed afl t,iflJHties, • The current LaValle Drive property owners will be allowed to reconnect those utilities currently servicing their properties, which utilities have been abandoned and removed, as necessary, running along and within the current LaValle Drive, to the newly constructed utilities within the proposed development. I pm pi,",�tpo"'111"y Unie reiqW St ItIlle (',,',;JtY Geri4,eii,�,�,nile tt-e d,&�oe&�ormr of t'll m dev6leoiprnont lo as§'st tl�ose 111J 80 'to �Ji Kiri rt[zetl i,e of 4.).!NgnM!Itiffities .........................I.... New utilities, consisting of water and sewer service stubs, will be extended from the new LaValle Drive within the proposed development to the property lines of the adjoining property owners along the current LaValle Drive, by the City of Centerville, at no cost to the adjoining property owners. Adjoining property owners will be responsible for paying any required City of Centerville 56 assessments, fees and associated costs for the installation of water lines to their property lines, but not for the installation of sewer lines to their property lines. Irf��e �j �',',iK thie ctvr'(,, rtt [ Dli-&NPe H,�e 11,,m 1011,,,iv ic:)F Ce,wal,iii�J tlir die,mn,'id!a,�,")o r af,IA,,iie tll'ie cx��rrlr rt't Lrtflfty f Xtermk".)Irls, eta, ori to 1"IX"'I'St, �, 5.) Abandonment of current LaValle Drive roadway easements Upon completion of the driveways from the new LaValle Drive within the proposed development to the current LaValle Drive property owners' property lines, such that those property owners now have full access to CSAH 14 via the new LaValle Drive, and upon the completion of the abandonment and removal, as necessary, of the current utilities and their easements running along and within the current LaValle Drive, and upon the reconnection of the newly constructed utilities within the proposed development to the current LaValle Drive property owners' existing utilities, all property owners of the current LaValle Drive, except the property owners of 7252 LaValle Drive, will formally abandon their current LaValle Drive roadway easements. 57 EXHIBIT C Planned Unit Development and Conditional Use Permit 58 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA APPROVAL OF PLANNDED UNIT DEVELOPMENT AND CONDITIONAL USE PERMIT Subject to the terms and conditions set forth herein, the City of Centerville hereby grants approval of a PLANNED UNIT DEVELOPMENT and CONDITIONAL USE PERMIT ("Permit") to the "Subject Parcel"legally described as: BAY VIEW VILLAS Plat located in the City of Centerville, County of Anoka County, and the State of Minnesota; with the exception that this permit shall not apply to LOT 10, BLOCK 1, of the BAY VIEW VILLAS plat. The Parties agree that this Permit shall run with the land, and enjoins the City, the Subject Parcel, and the landowner to the terms and condition stated here. The Ordinances of the City of Centerville govern the Subject Parcel and the landowner. The City Council authorized a Planned Unit Development for the Subject Parcel in which it granted variances from those Ordinances in force on the date of this Permit, and imposed the condition stated below. Any conflict between those Ordinances and the variances or conditions authorized by this Permit shall be construed in favor of enforcing the City's Ordinances. After the date of this Permit, the variances and conditions created by this Permit create lawful, nonconformity within the Subject Parcel. This Permit dictates the following variances and conditions that apply to the Subject Parcel: 1. Planned Unit Development, Limitations. At the request of the Landowner, the City approved a Planned Unit Development of the Subject Parcel. This Planned Unit Development granted the Subject Parcel variances from a variety of State and City zoning and performance standards. Given the grant of those variances, Page 1 of 7 Draft version for Council Packet 10/19/2018 59 the Subject Parcel, in perpetuity, must not exceed the applicable zoning and performance standards except for those variances explicitly stated herein. Any future application for a variance, conditional use permit or interim use permit for the Subject Parcel renders void the instant Conditional Use Permit. 2. Zoning Exceptions. Except as specifically stated herein, the law governing the underlying zoning district and overlay district apply to the Subject Parcel. 3. Permit Recording. This Permit is valid upon recording the Plat of Bay View Villas. Any re-plat of areas covered by this permit shall necessitate a modification to this Permit. Conversely, the Final Plat of Bay View Villas shall not be valid unless this Permit has been recorded in immediate priority to the Plat. 4. Home Owners Association. Each lot on the Subject Parcel shall be encumbered with a covenant requiring the parcel be subject to the governance of a Home Owners Association ("HOA"). The HOA shall operate perpetually, and its costs and functions shall operate at no cost to the City; and covenants protecting the perpetual operation of the HOA shall be approved by the City and then recorded with Anoka County in priority to any lien, mortgage or another financial instrument. The HOA shall enforce the conditions of this Permit within the Subject Parcel. 5. Square Foot Minimums. Those requirements of the City Code of Ordinances mandating lots sizes with minimum square foot requirements have been changed pursuant to the Planned Unit Development for Bay View Villas. The lots sizes are now defined by the Plat for Bay View Villas and as set forth by the dimensional changes defined in this Permit. 6. Street Width Minimums. Those requirements of the City Code of Ordinances mandating the width of public streets have been changed pursuant to the Planned Unit Development for Bay View Villas. The street width is now defined by the Plat for Bay View Villas. 7. Setbacks, Defined. All setbacks set forth in this Permit shall have the same meaning and effect as setbacks defined in the City Code of Ordinances except where the distances have been changed pursuant to the Planned Unit Development for Bay View Villas. Those impacted setback distances are now defined as set forth by the dimensional changes defined in this Permit. 8. Block 1. The following variances and conditions shall apply to land within Block 1 of the Bay View Villas Plat: a. The front setback shall be 15 feet. b. For those lots abutting County State Aid Highway 14, the setback shall be 30 feet from the right-of-way for County State Aid Highway 14. c. The side setback shall be 7.5 feet from the property line on the side of a parcel. d. The rear setback shall be 50 feet from the Ordinary High Water Level. e. No lot may contain an accessory structure or water-oriented accessory structure. 9. Block 2. The following variances and conditions shall apply to land within Block 2 of the Bay View Villas Plat: a. The front setback shall be 10 feet. Page 2 of 7 Draft version for Council Packet 10/19/2018 60 b. For those lots abutting County State Aid Highway 14, the setback shall be 30 feet from the right-of-way for County State Aid Highway 14. c. The side setback shall be 6 feet from the property line on the side of a parcel. d. No lot may contain an accessory structure or water-oriented accessory structure. 10. Outlot A. The following variances and conditions shall apply to land within Outlot A of the Bay View Villas Plat: a. The purpose of Outlot A is to create an open space with maintained, decorative landscaping and sod, and with the optional purpose of containing an entrance monument. This lot may not be subdivided or developed. b. No structures or accessory structures may be located in Outlot A with the exception of an entrance monument. Plans for an entrance monument and placement of the monument must be approved by the City. c. Outlot A shall be governed and maintained by a Home Owners Association as set forth herein. 11. Outlot B. The following variances and conditions shall apply to land within Outlot B of the Bay View Villas Plat: a. The purpose of Outlot B is to create an open space with two watercraft docks and trails to access the docks. The open space shall have maintained, decorative landscaping and sod. This lot may not be subdivided or developed. b. No primary structure may be located in Outlot B with the exception of a water-oriented accessory structure or such other accessory structure as may be authorized by law. Plans for any structure must be approved by the City. The City may authorize encroachment on easements in this Outlot upon application to the City Council. c. Outlot B shall be governed and maintained by a Home Owners Association as set forth herein. 12. Lot 10, Block 2. The following conditions shall apply to land within Lot 10, Block 2 of the Bay View Villas Plat: a. The purpose of Lot 10, Block 2 is to create an open space with maintained, decorative landscaping. This lot may not be subdivided or developed. b. No structures or accessory structures shall be located on this lot. c. Lot 10, Block 2 shall be governed and maintained by a Home Owners Association as set forth herein. 13. Right-of-Way Maintenance. The Home Owners Association shall maintain any portion of a right-of-way adjacent to the Plat, Outlot A, Outlot B, Lot 10, Block 2, or such other area that is not otherwise maintained by a privately owned lot. 14. Watercraft Docks a. Block 1 docks. Each parcel in Block 1 may have a single dock. Each dock may have no more than two slips for docking a single watercraft in each slip. Each of these docks is exclusively for the use and enjoyment of residents living at each respective parcel. Watercraft regularly moored in those slips must be registered at the address where the dock is located. Page 3 of 7 Draft version for Council Packet 10/19/2018 61 b. Block 2 docks. The Home Owners Association may construct and maintain no more than two docks on Outlot B. Each dock may have no more than two slips for docking a single watercraft in each slip. These docks are exclusively for the use and enjoyment of residents living in Block 2. Watercraft regularly moored in those slips must be registered to an address in Block 2. c. All docks and slips shall be constructed according law and the regulations of the Minnesota Department of Natural Resources. 15. Shoreline Preservation. The shoreline will be preserved by designating a swath of land defined by a drainage and utility easement as shown on the Plat with a minimum width of 30-feet the Ordinary High Water Level of Centerville Lake across the lakeside of Lots 1 — 9, Block 1 and Outlot B of the Plat. This area is covered by a drainage and utility easement on the Plat and this easement shall be construed to allow access to the City for the purposes of inspecting and enforcement of maintenance of the area in accordance with the approved Landscape Plan. The landscaping and construction of this area must follow said Plan and the area must be maintained in perpetuity by the Home Owners Association in such a way as to preserve the initial intent of said Plan. Grass clippings must be bagged or blown in the opposite direction of the lake and no fertilizer may be used after initial turf establishment. 16. The Landscape Plan, attached as Exhibit A. The Landscape Plan governs all parcels subject to this Permit. That Plan shall be perpetually implemented and maintained. The Home Owners Association shall maintain all commonly-owned properties in a manner conforming to the Landscape Plan. The Home Owners Association shall enforce the maintenance of the Landscape Plan on private property under the control and governance of the Association. Any alteration to the Landscape Plan shall be signed by a Landscape Architect registered in the State of Minnesota, subsequently approved by the City, and thereafter must be recorded as an addendum to this Conditional Use Permit. 17. Stormwater Management. The Home Owners Association shall maintain all stormwater ponds and facilities on all commonly-owned property. The Home Owners Association shall enforce the maintenance of stormwater ponds and facilities on private property under the control and governance of the Association. 18. The Subject Parcel shall meet and abide by the applicable standards, requirements, permits or licenses of the City of Centerville, Rice Creek Watershed District, Anoka County, Army Corp of Engineers, Federal Emergency Management Agency, Minnesota Pollution Control Agency, Minnesota Department of Health, Environmental Protection Agency, or their antecedent agency, and any other agency having jurisdiction over the property and business activities that are taking place on said property. 19. The City may annually review this permit for of review of measures imposed to manage stormwater or shoreline preservation, or for other unforeseen conditions on the Subject Parcel. The City may change conditions or add conditions to this Permit to improve unforeseen problems. Imposition of additional conditions to this Permit requires a public hearing with notice to the impacted landowner(s) and Home Owners Association, who shall authorize the City to record such changes Page 4 of 7 Draft version for Council Packet 10/19/2018 62 or additions as an addendum to this Permit. Covenants shall be recorded against each parcel granting the City the powers enumerated in this paragraph. 20. Intentional violation of the Permit is a misdemeanor punishable by a fine or jail in the maximum amount allowed by law. 21. Each infraction of the Permit requiring remediation cannot easily be quantified by a civil penalty. Therefore, in the event of an infraction of this Permit, liquidated civil penalties, as a form of remediation, shall be no less than $1,000. 22. Each right, power or remedy herein conferred upon the City by this Permit is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement or permit, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 5 of 7 Draft version for Council Packet 10/19/2018 63 FOR THE GRANTEE& LANDOWNER: By: Richard A. DeFoe Date: STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2018, by Richard A. DeFoe. Notary Public By: Kama J. DeFoe Date: STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2018, by Kama J. DeFoe. Notary Public Page 6 of 7 Draft version for Council Packet 10/19/2018 64 FOR THE CITY OF CENTERVILLE BY: Jeff Paar, Mayor Attest: Teresa Bender, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing was acknowledged before me this day of 2018. by Jeff Paar, Mayor, and Teresa Bender, Clerk, of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public Drafted by: Kurt B. Glaser, City Attorney Smith & Glaser, LLC 333 Washington Avenue, Suite 405 Minneapolis, MN 55401 612-333-6513 KurtGlaser@GlaserLaw.net Page 7 of 7 Draft version for Council Packet 10/19/2018 65 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Verville Agenda Item# Department: Requested Council Meeting Date: Planning 10/24/18 TITLE OF ISSUE: Bay View Villas - Developer's Agreement BACKGROUND AND SUPPLEMENTAL INFORMATION: City code requires a Developer's Agreement between the developer and the City to be created for any new subdivision. The city attorney has prepared such an agreement and negotiated the terms with the developer. He will be on hand at the City Council meeting to review the agreement and answer any questions the Council may have. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to approve the Developer's Agreement for Bay View Villas. This action is contingent upon recording of the Final Plat for Bay View Villas. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Ave Nay �� King Other(specify) Developer's Agreement Love Paar Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 66 DEVELOPMENT & SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF CENTERVILLE, MINNESOTA AND RICHARD A. DEFOE AND KARNA J. DEFOE PREPARED BY: Kurt B. Glaser, City Attorney Smith & Glaser, LLC 333 Washington Avenue North 405 Union Plaza Building Minneapolis, Minnesota 55401 612-333-6513 KurtGlaser@GlaserLaw.net Version for Council Packet - 10/19/2018 Page 1 67 DEVELOPMENT & SUBDIVISION AGREEMENT Bay View Villas THIS DEVELOPMENT & SUBDIVISION AGREEMENT ("Agreement") effective October , 2018, by and between the CITY OF CENTERVILLE, a Minnesota municipal corporation ("City"); and RICHARD A. DEFOE AND KARNA J. DEFOE, a married couple, (the"Developer"). 1. REQUEST FOR PLAT AND DEVELOPMENT APPROVAL. The Developer has asked the City to approve a final plat for the BAY VIEW VILLAS (referred to in this Agreement as the "Final Plat"). The land ("Land") is situated in the County of Anoka, State of Minnesota, and is legally described on the attached Exhibit A, including easements described therein. The Final Plat consists of 18 detached townhomes, governed by a Planned Unit Development (PUD) and a Conditional Use Permit, with one lot outside of the PUD containing an existing single family home. The PUD also includes Outlots for common areas. 2. CONDITIONS OF PLAT AND DEVELOPMENT APPROVAL. This Agreement serves as the Master Agreement for the development of the BAY VIEW VILLAS. The Plat will be developed in accordance with the Development Plans, Planned Unit Development and Conditional Use Permit. Version for Council Packet - 10/19/2018 Page 2 68 At such time as the City approves the final Plat, and the Developer furnishes the security required, the Developer may record the Plat with the County Recorder or Registrar of Titles within one hundred (100) days after the execution of this Agreement. If the final Plat is not recorded within the one hundred (100) days, the approval of the Plat is void, unless a written request for an extension is submitted to the City Administrator before the one hundred (100) days expire. The extension will be approved or denied by the City Council by placement on their agenda within fifteen (15) days of request for same. Such Plat shall contain all easements required for the construction and maintenance of improvements for the development. 3. RIGHT TO PROCEED. Within the Final Plat or Land to be platted, the Developer may not grade (except as authorized in a Permit issued by the City) or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by all parties, including owners, lessors, lessees and mortgage holders, and filed with the City Administrator, 2) the necessary security has been received by the City, 3) the Plat has been approved by the City Council and is in a form ready for recording with the Anoka County Recorder's Office, 4) the necessary easements or rights-of- ways have been recorded, and 5) the City Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed. The Final Plat will not be released to the Developer and may not be recorded until the necessary security has been received and accepted by the City. The City Administrator shall issue the notice to proceed within seven (7) business days after receipt and acceptance of the security. 4. OTHER DEVELOPMENT. The City may refuse to approve future planning or zoning applications, plats or development contracts by or with Developer if Developer has Version for Council Packet - 10/19/2018 Page 3 69 breached this Agreement, and the breach has not been remedied within the applicable notice period. 5. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved Final Plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 6. DEVELOPMENT PLANS. The Final Plat shall be developed in accordance with the following plans ("Plans") which are on file with the City. The Plans shall not be attached to this Agreement. If the Plans vary from the written terms of this Agreement, the written terms shall control. The approved Plans are as follows: A. Final Plat, Bay View Villas,prepared by EG Rud & Sons, Inc. B. Grading Drainage and Erosion Control Plans, prepared by Plowe Engineering, Inc., signed 8/21/2018. C. Street and Utility Plans,prepared by Plowe Engineering, Inc., signed 8/21/2018. D. Landscaping Plan, prepared by dated 2018. These Plans may include subsequent plan revisions approved, in writing, by the City Engineer, and any improvement designed "as built;" which are incorporated by reference into this Agreement. 7. PUBLIC AND PRIVATE IMPROVEMENTS. The Developer shall install and pay for the following improvements ("Improvements") as required by the Construction Plans. These Improvements are detailed in Exhibit D. Version for Council Packet - 10/19/2018 Page 4 70 All Improvements shall be installed in accordance with the City's subdivision ordinance; City standard specifications for utilities and street construction; and any other applicable law, ordinance or policy — this includes private improvements constructed in lieu of public improvements. The Developer shall submit plans and specifications for the Improvements that have been prepared by a competent registered professional civil engineer to the City for approval by the City Council. No changes may be made to the Plans without the City's express written consent. The Developer shall obtain all necessary permits from other agencies before proceeding with construction of the Improvements. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify, as a condition of City acceptance, that the construction work for the Improvements meet the approved City standards. The Developer, its contractors and subcontractors, shall follow all instructions received from the City and Rice Creek Watershed inspectors, so long as consistent with the Plans. The Developer's engineer shall provide for on-site project management. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time and location with all parties concerned, including the City Engineer, inspector and/or consultants, to review the program for the construction work. Prior to the pre-construction meeting, Developer shall supply a schedule of construction activities and shall amend the schedule from time to time as necessary. Before the Security for the completion of Public Improvements is released in total, iron monuments must be installed in accordance with Minn. Stat. § 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. Version for Council Packet - 10/19/2018 Page 5 71 8. PERMITS. The Developer shall obtain, or require its contractors and subcontractors to obtain, all necessary permits. Those permits obtained by Developer to begin work include, but are not limited to: A. Minnesota Pollution Control Agency (MPGA) — National Pollutant Discharge Elimination System (NPDES) Permit for Stormwater Discharge related to Construction Activity B. Rice Creek Watershed District— General Permit for Development Activity C. City of Centerville - Building Permit for home construction D. City of Centerville— Grading Permit for land disturbing activities. E. City of Centerville — Work within the Right-of-Way Permits for small utilities such as gas,phone, electric, cable TV. F. Anoka County Highway Department Permits for Work within the Right-of-Way G. MPCA Sanitary Sewer Extension H. MN Department of Health Water Main Extension L FEMA Letter of Map Amendment based on Fill (LOMA-F) J. Department of Natural Resources (DNR) - Work within the Ordinary High Water Mark 9. TIME OF PERFORMANCE. The Developer shall install all required public improvements ("Public Improvements") in the Plans with the exception of the final wear course of asphalt by December 31, 2019. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the Security posted by the Developer to reflect cost increases and the extended completion date. 10. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Land to be platted to perform all work and inspections deemed appropriate by the City in conjunction with the Plat development and the Improvements. 11. EROSION CONTROL. The erosion control shall be implemented by the Developer according to the Storm Water Pollution Prevention Plan and Grading Plan, and inspected and approved by the City. The City or Rice Creek Watershed District may impose additional erosion control requirements if field conditions warrant. The parties recognize that 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 the Rice Creek Watershed District, the City may take such action as it deems appropriate to control Version for Council Packet - 10/19/2018 Page 6 72 erosion. The City will designate a contact person responsible for erosion control issues. The contact person will attend the pre-construction meeting. Except in case of emergency, the City will give 48-hours notice to the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down on the Security or Additional Security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the Developer is in full compliance with the approved erosion control plans. The Developer shall require all contractors and subcontractors working on the Project to comply with City's erosion control standards. Those contractors and subcontractors are to be educated on the City standards how they may be required to post surety to secure performance. The City will work cooperatively with the Developer in securing their compliance with erosion control standards through the building permit process. 12. GRADING PLAN. The Plat shall be graded in accordance with the Grading Plan. Within thirty (30) days after completion of the grading and before the City releases any Security, the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer, with elevation shots showing that all ponds, swales, emergency overflows and ditches have been constructed in accordance with the approved grading plan. Developer shall verify lot corner elevations, pond depth, storm water ingress, and building pads. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer shall be required to maintain all erosion control measures until written termination of the NDES permit is issued by the City. 13. DEWATERING. Due to the variable nature of groundwater levels and storm water flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and store flow routing operations. All Version for Council Packet - 10/19/2018 Page 7 73 dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly enforced. 14. CLEAN UP. The Developer shall daily clean dirt and debris from streets that has resulted from construction work by the Developer, its contractors, subcontractors, agents or assigns. Prior to any construction on the Land, the Developer shall identify in writing a responsible party for erosion control, street cleaning, and street sweeping. During such times as construction is active, developer or his agent shall frequently inspect streets and make sure that they are swept of dirt and debris. 15. SITE PROVISIONS. A. Access to the site is NOT allowed via LaValle Drive (the private road). Construction may not interfere with access to LaValle Drive. B. Developer shall be responsible for Security at the site during construction. C. Developer shall maintain communication with the neighboring properties and address any concerns raised by the neighbors in a timely manner D. Developer shall repair damage to the neighboring streets, curbs, trails, or other public infrastructure caused by construction of the Project, at their own expense. E. Developer shall provide traffic control for any work within the right-of-way. This includes any provisions for trail signage. 16. OWNERSHIP OF IMPROVEMENTS. Upon completion and acceptance of the work and construction required by this Agreement, the Public Improvements lying within public right-of-way and easements shall become City Property without further notice or action. Those improvements shall include the sanitary sewer, potable water system, storm sewer, roads, draintile, signage and street lighting (unless owned by the utility). The extent of sewer and water service lines ownership is further defined in city code. The Developer shall retain ownership and maintain all ponds and other erosion control measures, and the Plat shall indicate an easement in favor of the Public for storm water use, access and maintenance. However, the Developer shall maintain ponds and other erosion control measures until the development is complete in Version for Council Packet - 10/19/2018 Page 8 74 conformance with this Agreement, and provided that the engineer for Developer shall certify that the ponds have been cleaned and provide the designed holding capacity prior to the City certifying the ponds. All of the easements set forth in this Section must be reduced to writing and recorded on the Final Plat. If any feature of the Project or title to any parcel comes into common ownership, it shall become property, in perpetuity, of the Home Owners' Association, and so governed and maintained by them. 17. SUPERIOR RIGHT OF TITLE. The Developer agrees, and shall not cause any mortgage, lien, easement, covenant or other encumbrance on title to the Land to be superior to any right or title the Developer grants to the City for an easement, this Agreement, or any feature included on the Final Plat, except by an express written authorization approved by the City Council. 18. ADMINISTRATION COSTS. The Developer shall reimburse the City for all of the City's actual out-of-pocket expenses for this development including, but not limited to expenses incurred for legal, planning, engineering services, development agreement compliance and inspection services. The Developer shall deposit $22,000 and maintain with the City a minimum of $10,000 cash escrow for payment of these accrued or future costs in the amounts listed in city code. The City shall draw against the escrow to reimburse itself for all such costs. The Developer agrees that the City has the right to request additional deposits from time to time based on the City's estimates of future out-of-pocket costs and replenish such escrow. Unless excused by the City Council, the Developer shall maintain the escrow for a period of one-year after either the termination of this agreement or completion of all construction and landscaping, whichever is a longer period. The City may halt plat development and construction for any unpaid bills until they are paid in full and the escrow replenished to its original amount. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. City may at its option draw against developer security to reimburse itself for such costs. Version for Council Packet - 10/19/2018 Page 9 75 Before the City signs the final Plat, Developer must pay or satisfy all of these costs, and any other unpaid governmental fees, assessments, judgments or real estate taxes, plus any penalty and interest. 19. SECURITY. To guarantee compliance with all of the terms of this Agreement, including payment of real estate taxes, including interest and penalties, payment of Administration Costs, Construction Costs, payment of the costs of all Improvements, construction of all Improvements, and payment to remediate any nuisances created by this Development (including compliance with governmental audits or litigation related to the Developer), the Developer shall furnish the City with a Letter of Credit in the form attached hereto as Exhibits B, from a bank or other financial institution acceptable to the City ("Security") in the amount of 150% of the Improvement and Construction Costs. The amount of the Security is calculated as shown in Exhibit D. These calculations are for historical reference, and are not a restriction on the use of the Security. The Security shall be for a term ending November 30, 2022, and automatically renewing thereafter unless notice of termination is provided to the City at least forty-five(45) days prior to the end of the term or any renewal date. The notice given must comply with the formal Notice provisions of this agreement. Individual security instruments may be for shorter terms provided they are replaced at least thirty (30) days prior to their expiration. The City may draw down the Security, with a written seven (7) day notice and seven (7) day right to cure by the Developer, for any violation of the terms of this Agreement or if the Security is to be allowed to lapse prior to the end of the required term or any renewal term. The notice and right to cure provisions shall be void if the Security will expire in less than seven (7) days or upon discovery that the Security will not automatically renew. If the required Improvements are not completed at least thirty (30) days prior to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be used to cure the default or held until the Developer has completed the Improvements. Upon receipt of proof to the City that work has been satisfactorily completed and Version for Council Packet - 10/19/2018 Page 10 76 financial obligations to the City and Developer's contractors have been satisfied,with City approval the Security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the Security shall be retained until all Improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, and the one (1) year waiting period has expired. The City must approve or deny a request for reduction in the Security pursuant to City policy. . 20. CLAIMS & ACTIONS. In the event that the City receives notice of an audit or review from a governmental agency related to this Land or Final Plat, or the City receives notice of litigation regarding this Land or Final Plat, such claims will be forwarded to the Developer who shall promptly indemnify and hold the City harmless and make it whole. In the event that the City receives claims from laborers, materialmen, or others that work required by this Agreement has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, such claims will be forwarded to the Developer who shall promptly process the claims and make sure that all valid claims are paid. Developer agrees to indemnify and hold the City harmless in the event that the City receives claims from (and uses reasonable diligence to authenticate said claims) labor, materialmen, or others indicating that work required by this Agreement has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City. The Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Security and Additional Security in an amount up to 150% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the Security or Version for Council Packet - 10/19/2018 Page 11 77 Additional Security deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. 21. FEES. The following fees are required by law to be included in this Agreement, and shall apply to plat development(These fee calculations are contained in Exhibit E). A. Park Dedication Fee B. Storm Water Area Charge C. Sewer Availability Charge(City) D. Sewer Availability Charge(Metropolitan Council) E. Water Availability Charge All fees must be paid in full in cash upon execution of this Agreement and approval of the Final Plat. Developer's failure to timely pay fees shall constitute a default, and be grounds for denial of building permits. 22. FIXTURE INSTALLATION, ACCEPTANCE AND WARRANTY A. The Developer shall be responsible for the cost and installation of public improvement such as street lighting, street signs and traffic signs consistent with the Plans and specifications approved by the City. Before the City signs the final Plat, the Developer shall pay these costs either to the City to procure or install same, take responsibility for procurement and installation of same, or employ combination thereof. The cost of street lighting, street signs and traffic signs installation is set forth in the attached table, Exhibit D. In the event the Developer elects to take responsibility for any procurement or installations, the city shall draw from the developer's security in the amount of those costs to perform the work. B. Within 60 days after Developer delivers a complete set of reproducible "as constructed" plans and a set of electronic format "as constructed" plans for the Developer Version for Council Packet - 10/19/2018 Page 12 78 installed public improvements and a letter requesting acceptance by the City of such improvements, City shall review said improvements and consent to and accept the public improvements or provide Developer with a written notice of work that is unacceptable and what is required to make the work acceptable to the City. Upon completion of corrections to the unacceptable work, the developer shall, again, notify the city in writing and request acceptance of the work. The timeline above, then resets. If the City fails to provide a written notice of unacceptable work within 90 days, then the City shall be deemed to have accepted the public improvements identified in the Developer's written request for acceptance. C. The Developer warrants all Improvements required to be constructed by it pursuant to this Agreement against poor material and faulty workmanship. The warranty period for underground utilities is two years from the date of acceptance by the City. If all Improvements are installed by one contractor, the warranty period shall commence after the final wear course has been completed and the City has accepted the streets. If streets and underground utilities are installed by separate contractors, the two (2) year warranty period on underground utilities shall commence following their completion and acceptance by the City. The Developer or his contractor shall post security in the amount of thirty-five percent (35%) of final construction costs to secure the warranties. The Developer or his contractor may use the existing Letter of Credit or a maintenance bond to satisfy this condition. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. D. The Developer shall submit the Final Plat and construction plans in electronic format. The electronic format shall be either AutoCAD, .DWG file or a .DXF file using Anoka County coordinates. The Developer shall also submit two (2) complete sets of the final plat and Version for Council Packet - 10/19/2018 Page 13 79 construction plans on paper (22 x 34 or 24 x 36). The Developer is responsible for supplying the county with appropriately formatted plat documents per their requirements. 23. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Plat. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 24. HOME OWNERS ASSOCIATION. This Section regarding a Home Owners' Association ("HOA") shall be one of the subjects addressed in a Supplement to this Development Agreement. However, the HOA must create a system for deeding the HOA to all lots, and include the duty for each lot owner to perpetually fund the HOA. The HOA must identify ownership of common property to include common lands, docks and storm water features, and any other common property; and to regulate and maintain same. The HOA must include a mechanism for the City to enforce and/or operate the HOA in the event of a default. 25. ADJACENT PROPERTIES. Developer shall grant neighboring properties served by the private road, known as LaValle Drive, the right to access all public utilities and public roads on the Land, and shall grant easements for same to serve those properties. While this Agreement requires the Developer to construct public utility and public road improvements to serve these properties, the Developer is not responsible for connecting those properties to the improvements. Version for Council Packet - 10/19/2018 Page 14 80 26. MISCELLANEOUS. A. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. C. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. If building permits are issued prior to the completion and acceptance of Public Improvements, the Developer assumes all liability and costs resulting in delays in completion of Public Improvements and damage to Public Improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a unit or building for which a building permit is issued on a temporary or permanent basis until the streets needed for access are in a plowable and maintainable state and the utilities are accepted by the City. The building official, in consultation with public safety officials and the city engineer will make this determination. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. This Agreement shall run with the land and may be recorded against the title to the Land, except for Lot 10, Block 1, as shown on the Plat for the Bay View Villas. The Developer covenants with the City, its successors and assigns, that the Developer is well seized Version for Council Packet - 10/19/2018 Page 15 81 in fee title of the subject property and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being developed; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. G. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the Public Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City approving this Development Agreement. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate of insurance shall substantially comply with the form attached hereto as Exhibit C. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right,power or remedy. Version for Council Packet - 10/19/2018 Page 16 82 L The Developer may not assign this Agreement without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Plat, or any part of it. J. The Developer shall hold the City and its officers, employees, and agents harmless from claims or audits made by it and third parties for damages sustained or costs incurred resulting from Plat development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses that the City may pay or incur in consequence of such claims or audits, including attorneys' fees. K. Minimum Home Values. Developer has agreed to construct and sell homes on lots in the Plat with a minimum fair market value of $650,000 for the properties along the lake and $350,000 for the properties off the lake. Developer shall obtain permission from the City Council in order to sell properties for less than these minimum fair market values. L. Assumption Of The Risk. Developer accepts and understands that proceeding with construction before Final Plat approval could create risks that the Plans, through no fault of the Developer or City, could change at or before Final Plat approval. If the Development Plans were to change in a manner that result in extra work or cost to Developer, the Developer accepts that risk and assumes the liabilities associated with the risk of proceeding with work prior to Final Plat approval. M. No work, except grading as authorized under a separate grading permit, issued by the city, shall take place prior to Final Plat recording. 27. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Version for Council Packet - 10/19/2018 Page 17 83 Richard A. DeFoe 7265 Main Street Centerville, MN 55038 651-231-0334 Ride1405@hotmail.com Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: City of Centerville 1880 Main Street Centerville, MN 55038 With a copy to: Smith & Glaser, LLC Attention: Kurt B. Glaser 333 Washington Avenue North, Suite 405 Minneapolis, Minnesota 55104. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGES FOLLOW.] Version for Council Packet - 10/19/2018 Page 18 84 SIGNATURE PAGE TO SUBDIVISION AGREEMENT Bay View Villas CITY OF CENTERVILLE BY: (SEAL) Jeff Paar, Mayor AND Mark Statz, City Administrator STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2018, by Jeff Paar, Mayor, and by Mark Statz, City Administrator, of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC Version for Council Packet - 10/19/2018 Page 19 85 SIGNATURE PAGE TO SUBDIVISION AGREEMENT Bay View Villas DEVELOPER: BY: Richard A. DeFoe BY: Kama J. DeFoe STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2018, by Richard A. DeFoe, and Kama J. DeFoe. NOTARY PUBLIC Version for Council Packet - 10/19/2018 Page 20 86 FEE OWNER CONSENT TO SUBDIVISION AGREEMENT Bay View Villas Richard A. DeFoe, and Kama J. DeFoe, a married couple, the fee owner of all or part of the subject property, the development of which is governed by the foregoing Development/Subdivision Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. DEVELOPER: BY: Richard A. DeFoe BY: Kama J. DeFoe STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2018, by Richard A. DeFoe, and Kama J. DeFoe. NOTARY PUBLIC Version for Council Packet - 10/19/2018 Page 21 87 MORTGAGEE CONSENT TO SUBDIVISION AGREEMENT Bay View Villas [NAME OF BANK HERE], a which holds mortgage(s) on the subject property, the development of which is governed by the foregoing Development/Subdivision Agreement, agrees that the Agreement shall remain in full force and effect even if it forecloses on its mortgage(s). Dated this day of , 2018. MORTGAGEE [NAME OF BANK HERE] By: Its: STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2018, by , the of[NAME OF BANK HERE], on behalf of NOTARY PUBLIC Version for Council Packet - 10/19/2018 Page 22 88 EXHIBIT "A" TO SUBDIVISION AGREEMENT Bay View Villas Legal Description of Property Being Developed, situated in Anoka County, Minnesota: PARCELS: Plat for Bay View Villas, adopted October 24, 2018. Prior to adoption of Plat for Bay View Villas, the property contains two parcels, Property Identification Number 15-31-22-44-0001, and Property Identification Number 15-31-22-43-0004 (the"Real Property"), legally described as: That part of Government Lot 3, Section 15, Township 31, Range 22, Anoka County, Minnesota lying southerly and easterly of the following described line: Commencing at the witness corner to Meander Corner No. 23 on the east line of Government Lot 4, said Section 15 (data regarding said witness corner is on file in the office of the Anoka County Surveyor); thence on an assumed bearing of North, along said east line, a distance of 191.82 feet; then North 50 degrees 58 minutes 00 seconds West a distance of 219.42 feet; thence North 89 degrees 03 minutes 00 seconds West a distance of 329.58 feet; thence North 89 degrees 20 minutes 40 seconds West a distance 819.90 feet to the point of intersection of the center line of Count State Aid Highway No. 14 (Main Street) with the east line of said Government Lot 3 and the point of beginning of the line to the north, have a radius of 497.19 feet and a central angle of 22 degrees 44 minutes 40 seconds, a distance of 197.37 feet; thence North 66 degrees 36 minutes 00 seconds West, along said centerline, a distance of 71.69 feet; thence South 47 degrees 00 minutes West a distance of 41 feet, more or less, to the shoreline of Centerville Lake and there terminating. EXCEPT Parcel No. 24, Anoka County Highway Right-of-Way Plat No 67. The East line of the above described tract is marked by Judicial landmarks set pursuant to Torrens case 4T-55043 AND That part of Government Lot 4, Section 15, Township 31, Range 22, Anoka County Minnesota described as follows: Commencing at the witness corner to Meaner Corner No. 23 on the east line of Government Lot 4, said Section 15 (data regarding said witness corner is on file in the office of the Anoka County Surveyor); thence on an assumed bearing of North, along said east line a distance of 191.82 feet; thence North 50 degrees 58 minutes 00 seconds West a distance of 219.42 feet; thence North 89 degrees 03 minutes 00 seconds West a distance of 329.58 feet to a point on the centerline of County State Aid Highway No. 14 (Main Street) thence North 89 Degrees 20 Version for Council Packet - 10/19/2018 Page 23 89 minutes 40 seconds West along said centerline a distance of 1.23 feet to the point of beginning of the land to be described; thence South 32 degrees 30 minutes 26 seconds West a distance of 676.23 feet; thence North 56 degrees 58 minutes 00 seconds West a distance of 386.16 feet; thence North 63 degrees 58 minutes 00 seconds West a distance of 147.09 feet to the west line of said Government Lot 4, thence North 0 degrees 07 minutes 56 seconds East, along said west line a distance of 304.59 feet to the intersection with said centerline of County State Aid Highway No. 14; thence South 89 degrees 20 minutes 40 seconds East, along said centerline, a distance of 818.67 feet to the point of beginning. EXCEPT Parcel No. 51, Anoka County Highway Right-of-Way Plat No. 67. A part of the west line of said Government Lot 4 is marked by judicial landmarks set pursuant to the Torrens Case No. T-55043. A part of the east line of the above described land is marked by judicial landmarks set pursuant to Torrens Case No. T-57803. All parcels are subject to easements of record. [REMAINDER OF PAGE LEFT BLANK] Version for Council Packet - 10/19/2018 Page 24 90 EXHIBIT "B" TO SUBDIVISION AGREEMENT Bay View Villas IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Centerville 1880 Main Street Centerville, MN 55038 Dear Sir or Madam: We hereby issue, for the account of RICHARD A. DEFOE AND KARNA J. DEFOE, a married couple, and in your favor, our Irrevocable Letter of Credit in the amount of $899,043.30 available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated 2018, of (Name of Bank) b) Be signed by the Mayor or City Administrator of the City of Centerville. c) Be presented for payment at (Address of Bank) **I on or before 4:00 p.m. on November 30, 2022. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Centerville City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Centerville City Administrator, Centerville City Hall, 9180 Centerville Avenue, Centerville, MN 55014, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. Version for Council Packet - 10/19/2018 Page 25 91 We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its * *I Must be a location within 25 miles of City Of Centerville. Version for Council Packet - 10/19/2018 Page 26 92 EXHIBIT "C" TO SUBDIVISION AGREEMENT CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER:City of Centerville 1880 Main Street Centerville, MN 55038 INSURED: ADDITIONAL INSURED: City of Centerville AGENT: WORKERS' COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE -Workers' Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: O Claims Made O Occurrence LIMITS: [Minimum] Bodily Injury and Death: $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination Single Limit Policy $1,000,000 or more COVERAGE PROVIDED: Operations of Contractor: YES Operations of Sub-Contractor(Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Version for Council Packet - 10/19/2018 Page 27 93 Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: (X) Any Auto LIMITS: [Minimum] Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each occurrence -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL TEN (10) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative Version for Council Packet - 10/19/2018 Page 28 94 EXHIBIT "D" TO SUBDIVISION AGREEMENT Escrow for Public Improvements Bay View Villas Escrow for IPutlhfiuc,Improvement Costs-Exhibit D utilities $293,862.20 Streets 5175,SM.,00 Shmrliiine Work Miscelllllaneous(street signs,street Iights,,sod Iheffrindl curb,,ffiromt yard trees,,etc.) $ 5,0 I Public @improve emt Casts ,ddVrniionistratisre.mraiobiiliiiaatrimm and mtlheir crests 1per'mdimarnce) 1S0% Total iPulbhc Iimniprovement Eost:ffdor Letter of CredlFrt Version for Council Packet - 10/19/2018 Page 29 95 EXHIBIT "E TO SUBDIVISION AGREEMENT Subdivision Fees Bay View Villas Subdivision Fees-Exhibit E NOTE L these fees do not include zoning applications or permit fees,or fees firorni othQr gavernmentaIll agencies NOTE 1! 7.3 acers per Plat X317,383 sq ft) less area for ID3e Foe hornie(42,6136 sq ft)=:net 275,2132 sq ft Park.Dedication Fee Fee,arnouint the resullllt of negotiation S7S,000.00j S7S,01010.00 Storm Water Area Charge fee per city fee schedule(sq.ft.) 0.057313 per square foot 7.3 acers per Plat(317,988 sq ftj less area for DeFole home 142,696 sq ft) 2:75,292 square feet S1Sj71313.01 SlS,799,.01 S�iewer Avaflailbility Charge(C&)18 Units )per residentiall equivalent uiiinit) $2m300.00 *'Credit 10 units to City 19 Units �A1j400.0C1 S41,4010.00 See Avaflailbility CharEe it ICES)1211a )per residentiall equivalent uiiinit) $2m485.00 *'Credit 10 units to City la Units �A4j73,0.00j W� ,730.00 Water Availkability Charge I City)18 Units aper residentiall equivalent uiiinit) $1,ZS0j.00 *'Credit 10 units to City la Units $33,300.00, $33,3010.00 Total Subdivision Fees, $210,225.01 Version for Council Packet - 10/19/2018 Page 30 96 BAY VIEW VILLAc+ RETAINING WALL ELEV. xBEEs: - - �7 � GRADING &DRAINAGE PLAN , ^ CENTERVILLE,MN - AWL �' �ooR,xo,oxx x�ooR N P ER ELTI f LAKE i iF— m� �w �`�� _ xx.�,w - �� �•� _✓ _ sTaee, .ate. --- --�- 71 'A' e'ee_ ���`� � „` rc �� ��wav No w� � � �• g LEGEND i xx xa uxrcxaxouxo YmF m " a anFaoa3 a xo 11 n =^o°omama 0 o-sxonn » a=,xx=,xxx°°max z w sa: y a a nxx rox,a,x ., asx°sm aew..°x ne Pxmxgx rrt,�x PPS m•" Px�xgx so.,o�srrtx oP� ; Pxmogx sxxx arrtx PPS ' Pxmxax soxx xoxxx<< w Px�xgx°.,M xux �v Pxmxgx ao�oa i � ° Px�xax a.,x�a<rE Px� z ... 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LEGEND WRTERNRIN NOTES axxec,ex,ex.eres n.x m. � ,' E I •� Pxcx,°.x.xe,.,,.,°x:.x° „°. %5'�E�7 s• .� ;;j 1 > �i .. . x �w,re.K ;.� 2.��• ems„.,- a.�;;- ;�-"` a , A �An M.x ,cx ai Ia�Iar�v"or�x`ko'wirzwuir�'i Pc.xv ,m � e—.r ac g recsss m�xx,ea ` °u.o wry xnneu.ws exe sox un cuss are mare°ve°mu. ax�aso noxa uwxu � � wn.evu.x o vremegrec .w ..ere re<:x u R r � .reacffre re....m�re x<xxca r �. �� •re�regre„rrereµ. r o i N .,re GENERRINOTES SMITRRSEWER NOTES sA xroreu.,ox�ewx cx mese°re.mxes cexarexxc, egre s,x.,re.aw<re xa sx,�.a pare ;3; ev nxe s.x.nxv mw,x mxxa ra,,a,v s ,°c.n evnxc rx.x°axov°e x,w c°xxec � mII .�.xav:r<.me cex.re<c.ere srecm�:rea.ere x<vx rvc xx,°u,e.o,nnu°rees� axeaes°sx<v u.x .°°ae.x w.s... x°s re �'\ I �, � �sz�u �.,�re•ire xrex re�re..Ex�x., < - cag xrovu,°n,o,.s,.x°.m s:ecrc.,exs mc> H x,c a,oe,s,xc cxx,c ssxm s,w,v L n f w9 nret,re>re,.i 9 LAVALLE DRIVE g J z z — 3� a wow 910 a P7 „m 910 W 3a o e o om _ 905 905 00 —SIL a 900 \ 900 Eo.oA ri 895 0 r�x mss 0 °wG .....890 PLOWE i — •ores 665 885 BOBDIO f 880 875 815 e+0o 7100 _ ..6100 1+o0 aloo .....5100 2— _ ,Ioo 0.00 PLAN/PROFILE C2.1 SANITARY SEWER 8.WATERMAIN WATERMAIN NOTES LEGEND O nzo A "r � MAIN STREET' a:�,a�Ho 3E?w, b A� S IN STRTET SERERAI ROTES SANITARY SEWER NOTES `4 3 ,.3.w NORTH 1� dl g xroru,o,x�c,.s�wo.xo srcnrc.xs x�c,ox,o��s,xc aue�c s.x,.w.ssx �a?e9 O �= o� �oo�a�Pa.a�w �aw=Pwoa,o� E;e sam g Pia«„was w„x way waM o�w.,. oww�.pw�a 9' a 9�a sua __ ' ! w,„,„E maroxvo-�o m�ry muaun. 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CURB L BITUMINOUS NOTES Pax,:oxo ao-�xuw P.as o x�sw .�xx O A O CUL-DE-SAC ELEV.DETAIL v_ — y °(T—ETAIL—1, LAVALLE DRIVE g o _ ww E ° FOR�o_." oRa P11-NFo°,R—N 3 p a ° 915 -... _ _. 915 W = g� 910 910 m P mo da 905 905 SILs P °E.oE 900 w o _ _ 900 :,9: 895 890 885 a 885 BBO - 880 ., sm m sP ea aP a n xP ap �m ps �a 6-0s+oo P a+oo .....5,00 z+oo _ ,:oo o.o° PLAN/PROFILE C2.3 STORM SEWER&STREETS LEDEND GENERAL NOTES STORMSEWERNOTES ZZ CURB a BITUMINOUS NOTES ,z NORTH 4� MAIN STREET NORTH IdIl I ET < .......... z I I T 1 18 0 =% 9 2 910 910 111 905 905 900 goo 895 To� 890 J 9z 885 BOB r 880 3M, 875875 PLAN/PROFILE C2.4 STORM SEWER I BAY VIEW VILLAS CURB&STREET PLAN CENTERVILLE,MN v x v PEL H R LAKE V r� -T - — 4 — ' 5 BEET -�� c � fC0 6 P:O I+IGHWAY NO W) F. a u — — — -- P T � � rncssw o-xc f i i i u s.e`h m3 2 sQ�o9 b 9 ; , ' I P'Ilw IEE a Aga Q GENERAL NOTES �x..,xx x;�x nxx x,�„s s xx,cwa.xnm m a.muxuo ox - A P w cs u.�.ss o-s xsc�no-x..o \ \ o-<<xausv�.ms cw.xo-nax s rssxxse�s ra urxxc xs onx w . xs xss on�xuxo-.ax o-s.o..rs oxo Coco-. 10 NEN CURB DETAIL �� \ i w.x n i � �4w ..xno-uo-.as wo-<<mxrow.ora 1 T� swia"or P°"s xo�as x�omo oxPIANaloca'r ev ruse c ns�ns w m.x x way c xa.or coxnweax. � /� ....or�.�.omn�c..x ou�o�ow=xaxxxa o-s�,p�xs: aoxM o< Nc s�u�es axnsumso.o ms o-aaxwxo-.�Nor cwaw. O "^^., w,x�xE"PP CURB&BITUMINOUS NOTES ^, rI F ^ ^ry <� PLOWE f- t/ � o a oUL axe wos sx.u,wuxo-s x�nsrmx,o-� 1^s _ _ a 1Y�� x� � NORTH foJ \ Y \ e YHY \ K�owwnaisbelow. C3.1 _�,,, \ Callneroreyo�aiy. V 102 BAY VIEW VILLAS DETAILS CENTERVILLE,MN , . flff L v..w �an9 a PLOWE ..-oumar nawmrc. " J .. «W 1w6 � 3 �.. e i i C4.1 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION l Agenda Item# Department: Requested Council Meeting Date: Planning 10/24/18 TITLE OF ISSUE: Bay View Villas - Final Plat BACKGROUND AND SUPPLEMENTAL INFORMATION: The Planning and Zoning Commission held a public hearing,produced Findings of Fact, and recommended approval of the Preliminary Plat for Bay View Villas, with several conditions. On July 11, 2018, the City Council approved the Preliminary Plat, as recommended by the Planning Commission. The developer has submitted a Final Plat, along with supporting documents, including construction plans, a developer's agreement, homeowners association documents,permits an the like. The plat and associated documents are substantially similar to the Preliminary Plat and addresses the conditions attached to the Planning and Zoning Commission's recommendation. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to approve the Final Plat for Bay View Villas. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Ave Nay �� King Other(specify) Final Plat - Bay View Villas Love Paar Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 104 CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION 418- A RESOLUTION ADOPTING FINAL PLAT FOR BAY VIEW VILLAS WHEREAS, RICHARD A. DEFOE AND KARNA J. DEFOE, ("Applicant"), are the fee owners of these "Subject Parcels." Two parcels, Property Identification Number 15-31-22-44-0001, and Property Identification Number 15-31-22-43-0004 (the "Real Property"), legally described as: That part of Government Lot 3, Section 15, Township 31, Range 22, Anoka County, Minnesota lying southerly and easterly of the following described line: Commencing at the witness corner to Meander Corner No. 23 on the east line of Government Lot 4, said Section 15 (data regarding said witness corner is on file in the office of the Anoka County Surveyor); thence on an assumed bearing of North, along said east line, a distance of 191.82 feet; then North 50 degrees 58 minutes 00 seconds West a distance of 219.42 feet; thence North 89 degrees 03 minutes 00 seconds West a distance of 329.58 feet; thence North 89 degrees 20 minutes 40 seconds West a distance 819.90 feet to the point of intersection of the center line of Count State Aid Highway No. 14 (Main Street) with the east line of said Government Lot 3 and the point of beginning of the line to the north, have a radius of 497.19 feet and a central angle of 22 degrees 44 minutes 40 seconds, a distance of 197.37 feet; thence North 66 degrees 36 minutes 00 seconds West, along said centerline, a distance of 71.69 feet; thence South 47 degrees 00 minutes West a distance of 41 feet, more or less, to the shoreline of Centerville Lake and there terminating. EXCEPT Parcel No. 24, Anoka County Highway Right-of-Way Plat No 67. The East line of the above described tract is marked by Judicial landmarks set pursuant to Torrens case 4T-55043 AND That part of Government Lot 4, Section 15, Township 31, Range 22, Anoka County Minnesota described as follows: Commencing at the witness corner to Meaner Corner No. 23 on the east line of Government Lot 4, said Section 15 (data regarding said witness corner is on file in the office of the Anoka County Surveyor); thence on an assumed bearing of North, along said east line a distance of 191.82 feet; thence North 50 degrees 58 minutes 00 seconds West a distance of 219.42 feet; thence North 89 degrees 03 Page 1 of 3 Draft version for Council Packet 10/19/2018 105 minutes 00 seconds West a distance of 329.58 feet to a point on the centerline of County State Aid Highway No. 14 (Main Street) thence North 89 Degrees 20 minutes 40 seconds West along said centerline a distance of 1.23 feet to the point of beginning of the land to be described; thence South 32 degrees 30 minutes 26 seconds West a distance of 676.23 feet; thence North 56 degrees 58 minutes 00 seconds West a distance of 386.16 feet; thence North 63 degrees 58 minutes 00 seconds West a distance of 147.09 feet to the west line of said Government Lot 4, thence North 0 degrees 07 minutes 56 seconds East, along said west line a distance of 304.59 feet to the intersection with said centerline of County State Aid Highway No. 14; thence South 89 degrees 20 minutes 40 seconds East, along said centerline, a distance of 818.67 feet to the point of beginning. EXCEPT Parcel No. 51, Anoka County Highway Right-of-Way Plat No. 67. A part of the west line of said Government Lot 4 is marked by judicial landmarks set pursuant to the Torrens Case No. T-55043. A part of the east line of the above described land is marked by judicial landmarks set pursuant to Torrens Case No. T-57803. All parcels are subject to easements of record. WHEREAS, Applicant obtained preliminary approval for the Plat, BAY VIEW VILLAS. Said Plat combines the Subject Parcels into a unified parcel for subdivision into blocks, lots, and outlots. WHEREAS, the Planning and Zoning Commission, City Staff and Consultants RECOMMEND the City Council APPROVE the Final Plat for BAY VIEW VILLAS, subject to the following conditions, and before said Final Plat can be filed and recorded with Anoka County: A. The Final Plat is contingent upon execution of, and the terms of a Development Agreement with the City for the Platted land; B. The Final Plat must meet the requirements and approval of the City Engineer; C. The Final Plat must meet the requirements and approval of the County Surveyor; and, D. The Final Plat must be recorded in a manner where it is not subordinate to any easement, lien, mortgage, encumbrance, or other interest. E. The Final Plat must be recorded simultaneously to the Conditional Use Permit governing the BAY VIEW VILLAS where the priority of the Conditional Use Permit immediately follows the recording prior of the Plat. Page 2 of 3 Draft version for Council Packet 10/19/2018 106 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Centerville, Minnesota, does Ordain, and 1. APPROVES the Final Plat for the BAY VIEW VILLAS subject to the following conditions: a. Approval of the Final Plat is contingent upon execution of, and the terms of a Development Agreement with the City for the Platted; b. Approval of the Final Plat is contingent on recording the Plat in a manner where it is not subordinate to any easement, lien, mortgage, encumbrance, or other interest; and, c. Approval of the Final Plat is contingent its recordation simultaneous to the Conditional Use Permit governing the BAY VIEW VILLAS where the priority of the Conditional Use Permit immediately follows the recording prior of the Plat. 2. AUTHORIZATION FOR RECORDING the Final Plat with Anoka County is subject to the following conditions: a. The Final Plat must meet the requirements and approval of the City Engineer; and, b. The Final Plat must meet the requirements and approval of the County Surveyor. 3. The City Administrator shall determine when the conditions governing the Authorization for Recording have been satisfied. Once the conditions have been satisfied he shall author a letter certifying satisfaction of these conditions. 4. The Applicant is authorized to File and Record the Final Plat for BAY VIEW VILLAS with Anoka County after receiving written certification from the City Administrator. PASSED AND DULY ADOPTED this 24th day of October 2018 by the City Council of the City of Centerville. Jeff Paar, Mayor Attest: Mark Statz, City Administrator Page 3 of 3 Draft version for Council Packet 10/19/2018 107 City of Centerville County of Anoka y Sec.15,T31,A22 4 y^ BAY VIEW VILLAS z^ P%01 I �y MSMS by F—M matH,marc a a�ae and Hamn1.a—n.�mdmd.,k.a neont me MIn 1 _ r ITdid.w 2:Mm ry nh.Hnnwa"h w " a,amort ,am m,d b w me ma Y y a wn E.H.a. a uro)m — k; d�is a°°fin:`im u�:m.H°wa�'am�n',`.nm°ern mea u w,"4°w oma.�"ma Ilm m se amnw:`umd na,mw,w,r alma a (a.t nam.) _ .ma..w w m."a..ln.ar dnl.,wl.Im.ma Inv.nears n a'�'°a�Ina�3wMwa r r maaaa ,p abw....m r mmww m��nr qqn m m awt a n a.a. t I 1 a euw'EP� a ..n.. a,. .a a.m P� .. a...�....T.- .,. xt0 a..nmw m .dy mora�•h.u.neau aweuw a.a mY dr Ra_ana Baia ala[le M mmglmw.I�in Inc peke eniz el Hlnnewla 3lawtee.Seeud 303.0.1, 5f Con Siam Id mw ort Int.wa 3eelirn 15(mu rwoag via auew eamo i, sm.2- tl ,wpn" a plan swi.Im de B9 agen 30 miCul nMaew'mae°Mt alvp wm mletine a a CRY Ceunel.Cay er C.'"'.Hinnaw[a Yd: tia Y'pn a we wx r dem �V wino p v ol P uaa acme 91.me v nnma to 9 of adeaa mta C r to nia 0n r w e coxh Inas in adamance eim Hbdeou Suaua,swum 5a5m,.see.II, Plat Inn Himam111M IF 1112 w oeFm Hama 1 0efm Cmntr enaltp/rvmanr de -11 CWH'aF a m 0 o wwu,,Seebm 1 ii2,Puaioe arc:%=2171.w,ana bmalo cowed Ince y (Si9 ure) Srd v •naminntww 0a0uty (Pn t Ho e) v miaim T nt emrap/Ha01a .1 Tas i. y -1 are nen ma` ia"[d m�naf a' bbbd p 'bam "1 a _0Publl<map v .Sae f.-I. qu�saubmv mammaba a-m ea tt,,d Nnd maaay dl 20_at_ amk_ manaulywOxument mber ana laved d i dial. 0aud Inn_my of 20_ y Remrao/Ae9i al Tuea E G. RU U S SONS, INC. Professional Land Surveyors 1 u8 SHEET 1 OF 2 SHEETS of BAY VIEW VILLAS CtlynlyofAnokae County of Anotia y Snc.15,T31,R22 cm ri ZC6 CC PELTIER M_ LAKE / xo. "" `L �o;k — / S ve WEE DErAE EA- fr - -P ——————— —————— — w UI B - OT g r s,, � q 'SP�a• v �L:,imr'r oK„.LL orw o.„,00K� F� �� ___ � _ 3 rpa•os est`- � ”,yam 7 '''�,�,.�fin'.-I, ." _— d_______________ _ ,S .9rVOY.tsa . —. ""s '°� •''`� ��,���r .6 a NORTH 1. GRA—C SCALE DETAIL A ATE......... NORiHi.`�a" \ tm ro.wa„�cann CL E A. BUD a SONG, INC. °^Professional Land Surveyors ammIMM,,.„„rg91=W 1 U9 SHEET 2 OF 2 SHEETS CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION l Agenda Item# Department: Requested Council Meeting Date: Planning 10/24/2018 TITLE OF ISSUE: Escrow Agreement- Old Mill Estates BACKGROUND AND SUPPLEMENTAL INFORMATION: It is anticipated that Old Mill Estates will soon request a Grading Permit. As part of this permit, we require the posting of funds to an escrow account. The attached, authorizes the city to utilize those funds if necessary. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to approve the escrow agreement for Old Mill Estates. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Ave Nay �� King Other(specify) Escrow Agreement Love Paar Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 110 CITY OF CENTERVILLE ESCROW AGREEMENT FOR DEVELOPMENT This Escrow Agreement is entered into effective this 24th day of October 2018 by and between the CITY OF CENTERVILLE (the "City"), and Elmcrest Vistas, a Minnesota limited liability corporation, (the "Developer"), its successors and assigns, and provides for the following: RECITALS: 1. Developer has applied for land use permissions from the City for the development of real property (the"Real Property"), respectively, legally described as: The North half of the North half of the Northwest quarter of the Southeast quarter of Section 14, Township 31, Range 22, except the public road, subject to easements of record; and, The South half of the North half of the Northwest quarter of the Southeast quarter of Section 14, Township 31, Range 22, except the public road, subject to easements of record. 2. The City will expend resources processing said land use applications and in other efforts for the development of the Real Property. 3. Pursuant to City Ordinances, the City must collect cost escrows for a variety of land use and remediation measures including, but not limited to site maintenance, financial security, ground cover, screening, grading, stormwater pollution plan, staff, engineering and legal costs. 4. The escrow sums in this Agreement do not include applicable governmental fees. NOW THEREFORE,in consideration of the foregoing and the mutual covenants hereinafter set forth, the parties hereto agree as follows: 5. Creation of Account. There is hereby created and established with the City the following special and separate account to be held by the City and designated in the name of the Developer on land use applications tendered by the Developer(the "Developer Account"). 6. Deposit to Account. Concurrently with the execution and delivery of this Agreement, and, if applicable, pursuant to the provisions of a Site or Development Agreement, Developer herewith deposits with the City, and the City acknowledges receipt and deposit into the Developer Account, an interest-bearing account, the sum of Five-Thousand and No/100 Dollars ($5,000.00), and thereafter additional funds as may be added (the "Escrow Funds). Page 1 of 4 111 7. Replenishment of the Account. The City may request Developer to deposit additional funds to replenish the Developer Account, as may be needed. Non-payment or untimely payment of additional funds is grounds for the City to cease process of pending applications, order development or construction activity on the Real Property to cease, or terminate the Agreement. 8. Creation of Lien and Application of Escrow Funds. Developer is hereby given an express lien on and security interest in the Developer Account until used, applied or returned in accordance with this Agreement. The principal on the Account is hereby pledged and assigned, and shall be applied pursuant to City Ordinance, State and Federal law and regulation for any purpose related to land use application(s) or for the benefit of the Real Property. 9. Amendments to Agreement. This Agreement is made for the benefit of the City, Developer and the related Real Property, and it shall not be repealed, revoked, altered or amended without the written consent of the City and Developer. 10. Termination. This Agreement shall terminate upon 30-day written notice to all parties. The obligations and requirements of this Agreement shall survive termination of this Agreement. The City, in its sole discretion, may keep funds or ask for additional replenishment of funds so long as it reasonably sees fit to cover potential costs related to this Agreement and its enforcement. Thereafter, any sums remaining in the Developer Account shall be returned to Developer. 11. Notices. Except as otherwise provided herein, it shall be sufficient service of any notice, request, complaint, demand to be given to or filed with the following parties if the same is duly sent via first class mail to: To the City at: To the Developer at: City of Centerville Elmcrest Vista LLC City Administrator, Mark Statz Todd Christenson 1880 Main Street Todd2414c@aol.com Centerville, Minnesota 55038 651-429-3232 James MacKinnon MStatz@Centervillemn.com 1805 W. Lake Street, 4101 Minneapolis, Minnesota 55408-4244 612-599-5111 12. Successors and Assigns. All of the covenants,promises, and agreements in this Agreement contained by or on behalf of the City or Developer shall be binding upon and inure to the benefit of their respective successors and assigns whether so expressed or not. 13. Governing Law. The applicable law of the State of Minnesota shall govern this Agreement. IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed as of the date first above written. Page 2 of 4 112 FOR THE CITY OF CENTERVILLE By: Jeff Paar, Mayor Attest By: Mark Statz, City Administrator Page 3 of 4 113 FOR ELMCREST VISTA LLC By: Its: Date: Prepared By Kurt B. Glaser, City Attorney Smith & Glaser, LLC 333 Washington Avenue 405 Union Plaza Building Minneapolis, MN 55401 612-333-6513 KurtGlaser@GlaserLaw.net [REMAINDER OF DOCUMENT INTENTIONALLY LEFT BLANK] Page 4 of 4 114 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION l Agenda Item# Department: Requested Council Meeting Date: Planning 10/24/2018 TITLE OF ISSUE: Escrow Agreement-Peltier Estates BACKGROUND AND SUPPLEMENTAL INFORMATION: It is anticipated that Peltier Estates will soon request a Grading Permit. As part of this permit, we require the posting of funds to an escrow account. The attached, authorizes the city to utilize those funds if necessary. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to approve the escrow agreement for Peltier Estates. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Ave Nay �� King Other(specify) Escrow Agreement Love Paar Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 115 CITY OF CENTERVILLE ESCROW AGREEMENT FOR DEVELOPMENT This Escrow Agreement is entered into effective this 24th day of October 2018 by and between the CITY OF CENTERVILLE (the "City"), and Sharper Communities, a Minnesota limited liability corporation, (the "Developer"), its successors and assigns, and provides for the following: RECITALS: 1. Developer has applied for land use permissions from the City for the development of real property legally described as: The North half of the Northeast Quarter of the Southeast Quarter of Section 14, Township 31 North, Range 22 West, Anoka County, Minnesota, except the following described property: That part of said North half of the Northeast Quarter of the Southeast Quarter of Section 14, Township 31 North, Range 22 West, Anoka County, Minnesota, described as follows: Beginning at the Southeast corner of said North half of the Northeast Quarter of the Southeast Quarter; thence North 125 feet along the Eastern line of said Section 14; thence Westerly 348.5 feet on a line parallel to the South line of said North half of the Northeast Quarter of the Southeast Quarter; thence Southerly 125 feet to a point on the South line of said North half of the Northeast Quarter of the Southeast Quarter; thence Easterly 348.5 feet to the place of beginning. 2. The City will expend resources processing said land use applications and in other efforts for the development of the Real Property. 3. Pursuant to City Ordinances, the City must collect cost escrows for a variety of land use and remediation measures including, but not limited to site maintenance, financial security, ground cover, screening, grading, stormwater pollution plan, staff, engineering and legal costs. 4. The escrow sums in this Agreement do not include applicable governmental fees. NOW THEREFORE, in consideration of the foregoing and the mutual covenants hereinafter set forth, the parties hereto agree as follows: 5. Creation of Account. There is hereby created and established with the City the following special and separate account to be held by the City and designated in the name of the Developer on land use applications tendered by the Developer(the "Developer Account"). 6. Deposit to Account. Concurrently with the execution and delivery of this Agreement, and, if applicable, pursuant to the provisions of a Site or Development Agreement, Developer herewith deposits with the City, and the City acknowledges receipt and deposit into the Page 1 of 4 116 Developer Account, an interest-bearing account, the sum of Five-Thousand and No/100 Dollars ($5,000.00), and thereafter additional funds as may be added (the "Escrow Funds). 7. Replenishment of the Account. The City may request Developer to deposit additional funds to replenish the Developer Account, as may be needed. Non-payment or untimely payment of additional funds is grounds for the City to cease process of pending applications, order development or construction activity on the Real Property to cease, or terminate the Agreement. 8. Creation of Lien and Application of Escrow Funds. Developer is hereby given an express lien on and security interest in the Developer Account until used, applied or returned in accordance with this Agreement. The principal on the Account is hereby pledged and assigned, and shall be applied pursuant to City Ordinance, State and Federal law and regulation for any purpose related to land use application(s) or for the benefit of the Real Property. 9. Amendments to Agreement. This Agreement is made for the benefit of the City, Developer and the related Real Property, and it shall not be repealed, revoked, altered or amended without the written consent of the City and Developer. 10. Termination. This Agreement shall terminate upon 30-day written notice to all parties. The obligations and requirements of this Agreement shall survive termination of this Agreement. The City, in its sole discretion, may keep funds or ask for additional replenishment of funds so long as it reasonably sees fit to cover potential costs related to this Agreement and its enforcement. Thereafter, any sums remaining in the Developer Account shall be returned to Developer. 11. Notices. Except as otherwise provided herein, it shall be sufficient service of any notice, request, complaint, demand to be given to or filed with the following parties if the same is duly sent via first class mail to: To the City at: To the Developer at: City of Centerville Sharper Communities, LLC City Administrator, Mark Statz c/o Kari Clark 1880 Main Street 14840 Aberdeen Street, N.W., Centerville, Minnesota 55038 Ham Lake, MN 55304 651-429-3232 kari@sharperhomes.com MStatz@Centervillemn.com 12. Successors and Assigns. All of the covenants, promises, and agreements in this Agreement contained by or on behalf of the City or Developer shall be binding upon and inure to the benefit of their respective successors and assigns whether so expressed or not. 13. Governing Law. The applicable law of the State of Minnesota shall govern this Agreement. Page 2 of 4 117 IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed as of the date first above written. FOR THE CITY OF CENTERVILLE By: Jeff Paar, Mayor Attest By: Mark Statz, City Administrator Page 3 of 4 118 FOR SHARPER COMMUNITIES, LLC By: Kari Clark Its: Date: Prepared By Kurt B. Glaser, City Attorney Smith & Glaser, LLC 333 Washington Avenue 405 Union Plaza Building Minneapolis, MN 55401 612-333-6513 KurtGlaser@GlaserLaw.net [REMAINDER OF DOCUMENT INTENTIONALLY LEFT BLANK] Page 4 of 4 119 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Verville Agenda Item# Department: Requested Council Meeting Date: Administration October 19 TITLE OF ISSUE: Request for Special Assessment BACKGROUND AND SUPPLEMENTAL INFORMATION: Mr. & Mrs. John Kelly, 7258 Mill Road have requested that Council allow for a special assessment to be placed on their property for the water lateral benefit fee of$6,500. Mr. & Mrs. Kelly are willing to sign a special assessment agreement and waiver for a period of 10 years at 5%interest. Council may remember that their previous action was for the payment and non-connection deadline date was November 1, 2018. COST AND SOURCE(S) OF FUNDING: Administration - Fund (Anoka County Property Tax - $100) REQUESTED COUNCIL ACTION: Council consider the above request. For Clerk's Use: SUPPORTED DOCUMENTS ATTACHED Motion By: Resolution Ordinance Contract Minutes Plan Map Second By: Vote Record: Ave Nay �� King Other(specify) Agreement Attached. Love Paar Koski Montain Administration Department Use: Refer to: Consent Tabled Until: Regular Other: 120 SPECIAIL ASSESISIMENT AGREEMENT WAIVER OF HEARINE"Y' AND APPEAL A(W`.RE,.E34.ENT madle t1iis 19th. day iir)f Octot)ier, '201 , by and bdWeen the, City of Centerville, a Mi.melsota ffnxnicipal corporatiort ("'City")!, and John t;,, Kelly andlolerie R. Kelly, (".Property Owner"), (husband &wife). RECITAlLS A. Property 0iArw.:',1r° is tti.e fee lownex of the illbllo,v(ing idescribedrx�;al property, located in the City of Cerat erville,.Anoka County, Minnesota("'S-6ject Property"): PD1#14-31-22-434.)OU;) ni..,o�r PRT OF N1/2 OF SW11/4 011��'Sr?,'I/4 7258 Mill Ro,-,,id UESC' AS F(,. L- COM N."I' SW CUR 0:11P'1111/2 OF ST.) 114- 114,'Ill E(ASSDIBRG)ALG S UNE THERLEOF 42.11 FT'ro US i�,r OF DITE10V E IRLMLME OF MT.LL RE),'11111:llNT I EEG E ALG SD WINLRM, 160.0 11 IPTTO POB,,TH CON.['N I DEG EAl...,iCir SD R/lA(LIPflE 199'.99 F"r,'r.H P1 3UEG�.r58 M111,1 E 12.27 FT '7[`H S 89 DEG 571WIN E 11149,36 FLTEII:S I DE(]F' VV FT,T1.11. "M 1501::;,TT(.) POT,-'�;SUTU TO EASE OF REC B. ftoper:y Owner request-, that they.pay an outstanding water hrdenrd c,.harge in lieu of c*tinect to th.e rnuni.cipal water sm.. ica, available to them per flie City's WaterConnection Policy. C The cx,,Psts expected to be,incuirred :ffir th.e.pul.7lic Improven-lerIL-tis Iffie amount of the special as:ses:rs,ri-nent fir tedbelow, P1411C.")"111I "THEREFORE, IN CONSIIIDERA.117110N OF "ITIE11IR murum. COVENAN`.rS, TEIE l,",A,,R,"I,"tlE'S .Fi.ER..El".[.'O AGRIIIEE,AS FO.LLOWS. 1. 'Ib.e City li��irfll assess the Sukject11?.n,..PpeAy $6,500. nike spe4;.-.hd assessmerit principalsl.-iall be payablt,,, in equal installments ,over te.n. years, plus five peirceint 16 1 Or g (5.00%) interest on. the w1paild I.-Mlance, fnit est shall begin accruing on 2018. Thespecial asse,,.;;sgin.ert prinf.ipal and int:erest,%will bec(gtifiiired to the county and become due and payable on the sarifte scfled,ialc as the.prope4y taxi s .fbr thir�,,, Su.Iject.ptqpeirty beginning in.20.1119., 121 2. 11"be: flrollpifzTty CKvnieryvaives any aiad 0111pro� .,Iledianil and sul.-:ostantivf,:, ot:�,Jcctioiias to the Public lmpr('M::.:,Tnent and speu.�ial assessments, im,eIlltdfiiag, but niot hrnit.e(,,1 to, heafiiiag and any thd the aaslessrriinmtexc(.:Ieds the111'.),enedit U:;� ffie Slubject Pr(.::o erty. 71e Pro, efty ONitnt.-r w&M,:'s any to �ap, CaIl pliair twilt P P P Millan'. stat. §429 0 8 L 1 Property Owner maypr.-r:,pay tlie r,.IffCirc spen.,I.i.alassessm. ..entwitbout, interest ifpaid in full by November 1, 2018. 4. Tli.fi,.iA1,....7.peainianot shall be binding t1pon the Pn)perty ('.)vy,ner an(l the. Property Owner's successors and assigns, This Agreement may be reciarded again..rot th title to the Subject Property and it st.i.all. run with the property. u. No rarnexly herein conferred upon or reserved to the ,City is intended to be ID"K("basirve of any oth.(.-,-.r availdble re.rrie(ly or° Terrii.edies, but each and, ewerfsuch remedy shall be Lui.nulative and sball bf,,� in addition tx) vi6rery othex rem.red, n y "Venn under this.Agpreernent ar-,lao,worBarra iter existing at law or in.equity or by statUrte., Ery No delay or omission to exercise any n. ht or power accruing upon ariiy defiault shall impair any such rigbt or.power or shall be construed to be awaivex therw. f, but anysi.ich.right and .power nuky be exercised frorri tiriae to time and as often as may be deemed expedient by the City. 7, In the event any provision (.-ff this Agreem.ent shall be held invalid, illegal, or un.e.n.fi.xirce-4ble by any court of com. (,.Aent junsdR,.tion, su(,,.h holding ,shall not .P invalidate or rimdiex unenibrceable any offier provision. hereof., and tine remaining Provisions shall not in any way be al.lbcted,or iirnipaired thereby. ,,,7,pe6:1IicM II-y statii:Dd btmeiiiathir.-, paymt.mt of t1fis ,;ipecial assessnietlt shall be-giavariat-, .any Minnmota Statiates (,'."Thapter 9 1111101111I OWNER: BY.. .... BY: 2 122 S"I'A"TE (-')F MINNESO"'I'A ) ) SS. COLTS[TY �OF The fibregoing instjrtiiimem'A was ack.inoNvIlliedged blefure me this ........ day of ................................ 2018,by (and.......................... usband and wife)- ..............)i (h Notary.Piubfic CITY OF',C,EN"111[.EIR",Vlt...,I..,HE ............... Jeff Raw,Mayor ............... ............... 'rere&i. Bender, City Clier1k. STAII rE O.F .IMIPlPTESOTA. ) ) SS.' ............... T11e'fbre?,'D.HI1,g inMn nxicnt ww aivkniii,),',�wl.L-dged 'birw�,,fore me tliiis lid,ay of 210 18,by Jeff IPaar and by -Fexesa Bender, the Mriyo r and City Clerk ofthe City,of Ir.2enterville, a Alllinnesol]La municipall corporation, on behalf c.'& the corporation and' purs-ii,tant to 10hicr aufficrity gFunted by its City Council. ............... Notary Fluiblic 123 LOCAL GOVERNMENT OFFICIALS October 30, 2018 Bunker Hills Activities Center ° 550 Bunker Lake Blvd NW Andover, MN 55304 Agenda 6:00 p.m. Dinner 6:15 p.m. Meeting liplip, 1. Welcome/Introductions —Mayor Dave Bartholomay 2. Presentation on Economic Development This past year there has been concerted effort by the cities, Connexus Energy, North Metro Chamber, and Anoka County to enhance our Economic Development efforts. This presentation will give an overview of ' those efforts and highlight what you can expect to see happening in your city, county and school district this next year. ;` Moderator: Bruce Sayler, Connexus Energy " The County Economic Development Specialist will provide an update on current work, regional progress, and unveil the new Regional Economic Development website. City Staff or Council Members will have a brief 1-2 minutes to give updates on current or upcoming projects in their communities. 3. Other n; 77- F1 II 1 2 r4(d ���� II a..��2.{ LOCAL GOVERNMENT OFFICIALS Menu Wells Catering $11.25 per person Hot BBQ Beef Sandwich 4W "" RSVP needed by October 19, 2018 , Tina Pedersen —763-324-4607 _puna„p:� it s e�i c „ n k „rn n„n,.j �.m:. ,u Please make checks payable to Anoka County p mm mn "7 II 1 2 5 n sr Officer Eafiy _1:._12 Cent'ennW Lakes Police Depadment 54 North Road Circle Pines MN 55014 763-784-2501 October 9, 2018 Mark Statz City Administrator 1880 Main St. Centerville, MN 55038 City Administrator Statz, During the tobacco compliance check that I conducted on October 3', 2018 all of the businesses in your city that are licensed to sell tobacco passed the check. I directed an underage buyer into these businesses for the purposes of ensuring that the businesses are taking the appropriate measures to sell their tobacco products to of age adults. Please feel free to contact me if you have any questions regarding this matter Sincerely, K Mannin#112 CLPD Alcohol and Tobacco Compliance Officer 126 DOWNTOWN CENTERVILLE Master Plan & Development Guidelines for DISCUSSION OUTLINE Downtown Centerville Prepared for The Centerville Downtown Redevelopment Task Force Recent history of downtown Prepared By Planning Damon Farber Associates "1 ^w Benshoof&Associates Adopted direction and policies KKE Architects, Inc. ry Policy analysis Regulatory framework Current moving parts r 1 irr Adopted by City Council January 11,2006 RECENT HISTORY OF DOWNTOWN PLANNING TIMELINE 2001 2005 2006 2007 2008 2018 Downtown City Council redevelopment approves Moratorium discussion began Downtown on Developers Master Plan& development interested in Development publicly- Guidelines owned site Downtown Task Force Created MU zoning districts Damon Farber hired for created Downtown Master Plan Beard Group project proposed Market analysis conducted 130 �I" _' � 7�%�;�rirrr f ,lf U �/, ,%�f r,.. ��uw�in,'�''iii"� v �� � r / rrr / � � r yr � 1 � 'i%/ i%% lNi� V t` w I i �i � �dNi � r��� r h��lvi V 1�� i �� � iii, iii�- u' N � V�i� � i �� r�� � ul /y '° 111111 � u .. � 'd / i�,, .P in� �� u /- 1 ,� �f�i,, rnr i, r� � ��� r i � �"' / / E V I r� I�y�,l r/, I y� �'�' � 1�� '�i� �» r ��' r� ,, � /„ � %��y `°' ,,,r��,r,�' �i r �l �°I � riiiir�/ip��� � � i I V ➢ i i i � {f %iD 1(�/D r JtiVlll�' I� // /Gi/i/iUi iii//i//i%/ril /e l' %r/% ii�//`'�i�/�/ /� �; /i r�/ro.i r�ri%� %�'�' ri/yr /ilii a ri r ' I m t Or rii�/r0/Ui [o ���f r�r/%ri'rii� r » � , �f ��%/ /� hr��9nd% r�j//.n; pal-'u� � �' ,,, ri Y" %' i t ��"� � l�r J%. r y r. l i,i � ���/ h� ��� o�;�w � ���� � r�� , � �� / � j, r % /r v r �%� %/� � ;I I J N / f // r I ,, r , e ' ,�� �='%i I 1 , uu I„ i � / � � r� �r%rr w � /� aw�� � xt �e �j/i � I r' g lr i i i ��;, i71s' i r jar �, tl. r ` ,%% r/ i/i (.. � ;� j IIIIIYi��� �� � 4� �� u umim ui �� i �t '� " Wuu° i�I�II auw ����' �rp�� it „ � ��,� ; / /�� � I,`,l � t � r ��r �l ti s � � � ���, �rii�//rim irr�iir//rr irmaai/%o j� /. ;; i .e a N � / ���i �°, oJl, f�� r w ;,,,��r�%�%%/�l/i r/iri/rr%i,�%%/ii %.., / ���, G ,;,, ,,,� ;%% III '., ill i I�° � �,,rmy I ",i r ��l"�,r, �I� r;`%/�� 1,�„rrr/r � �ir�t(i//%/�%%�G/� 'II � "I i a i� � �p r r//���/� �, ��r//�u r!%%/////�� ,U�k�rl �`r'I / ��al � ��� `` y i��l�D�N� iplllUlllrP ri �� ��' �/ r 0�r,�//, a€ mai ll' ��rtllf%i Looking south Looking east WHw tlmwm Looking west r*a ADOPTED DIRECTION AND POLICIES MASTER PLAN VISION STATEMENT Centerville will continue to be a small town and will be a safe community where people know their neighbors. The historic fabric of the downtown and the surrounding neighborhood provide a strong sense of place and pride for residents. Residents will be able to walk to downtown through a well-connected trail system. Centerville's historic downtown will offer a mix of uses, with the small town character preserved by appropriate design standards. A range of housing types will be available in downtown, each meeting high design standards. Centerville will meet the challenges of managing growth while enhancing the historic small town flavor, safety and strong sense of community that has attracted people to live here. 134 Downtown Centerville Master Plan MASTER PLAN " " GUIDANCE Public improvements Integrated open space stem and storm g P P Y water management components Trail connections u Public access to lake via church property N�/r/✓ ,� ��rruiiru,'ro�r,yi�i ii i� Pedestrian-scale street improvements Possible special service district P 00 P rivate development O ad /ii French Canadian Architecture 'n' ig- Mixed-use corridors with required first- �' floor retail,high-density residential and ��; �i1 r �',i ��AN 1 %iii %i lir N office above loo it o ✓i i "Y /�� �'� , A range of housing densities and styles g g Parkin behind buildings shared parking when possible �� Up to three stories c p , ail iii;,,,: 135 POLICY ANALYSIS PUBLIC IMPROVEMENTS /i/,r,,� //j,� �/� �����i�f, ✓ion,,,r, ,.ii%///, ,,,,,, G/��f ,/��/,,. ,. /r�. msµ, 137 PUBLIC IMPROVEMENTS Investments on Main in last 10 years support vision for downtown. What improvements can be made on Centerville to show a consistent public realm character? It will be important for any developer interested in Block D. 138 PRIVATE DEVELOPMENT Architectural Site Plan Standards: Use: Requirements Focus on pedestrian Requiring ground- What is the right level orientation of sites floor retail along each of architectural and buildings. main corridor may not requirements? be feasible. Developers and Residential density architects want requirements are flexibility to make reasonable. projects their own . . . this is ok. 139 REGULATORY FRAMEWORK MIXED USE DISTRICTS General description Functional positive and negatives 141 CURRENT MOVING PARTS c� � \< ©\ \rl : a/ � ` 2 Privafe A 143 POSSIBLE CRITICAL PATH You need a catalyst - negotiate with developer for medium- to high-density housing development on Block D. The City has all the leverage they need to negotiate a good design. Revise the Mixed Use zoning districts to focus on site design standards and basic building design standards. Formalize the public realm plan for Centerville Road. Continue discussions with the church. 144 r� �) e wd .,. �iliallli'11JhY ° i IVnViAiVrcU�l����� Legend it El City-owned jPrivate opportunity Master Plan Development Gu idel i nes for Downtown Cente'r^vi I Ie Prepared for The Centerville Downtown ' Redevelopment Task Force Prepared By Damon Farber Associates 4/1 OM1 ' Benshoof & Associates KKE Architects, Inc. limn � ra� M r i "� �rtt r� ,C� �'� .✓'l�,„ ,. �rw�^"" ,� '��, rvan�. ����� un wa�'�,,..���r�l.,,w�,,.wuu'a�"" � ri ✓ahu P�( ��.. r,�1� �y„ `�" Adopted by City Council January 11, 2006 a �a µ 146 "I'�Il1V, ��9�" �16f���111�11111111111%�ir�ii��or �rr^ yyDowntown Cen#er�r � I � � aster Plan eelm � - ,yo VI 1 Table of Contents A. Introduction......... ......... ............ ......... ......... ............ ......... ........3 B. Systems Guidelines... ......... ............ ......... ......... ............ ........... 9 C. Standards for Private Development......... ......... ............ ......... .....19 January 4, 2006 Page 1 of 34 147 yy nt t! Cen#err � I � aster Plan eelm - ,yo VI 1 Downtown Redevelopment Task Force Members: Kevin Amundsen Rick Terwy Bill Bisek Mike Thinesen Jenny Dosch Tom Wood Jennifer Klennert Mayor Mary Capra Tom Lee John Meyer, City Financial Dir. D. Love Dallas Larson, City Administrator Mark Pngell Consultant Team: Damon Farber Associates Benshoof&Associates KKE Architects, Inc. 923 Nicollet Mall, Suite 200 10417 Excelsior Blvd, Suite 2 300 First Avenue N. Mpls, MN 55402 Hopkins, MN 55343 Mpls, MN 55401 web: www.damonfarber.com web: www.benshoof.com web: www.kke.com ph: 612.332.7522 ph: 952.238.1667 ph: 612.332.4200 We would like to thank the Downtown Redevelopment Task Force, the many concerned citizens, business owners, City Staff, County Staff and local politicians who contributed their time and ideas to the Master Plan. It is the dedication and hard work of such individuals that make Centerville a thriving community today and will provide vision for its future. January 4, 2006 Page 2 of 34 148 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 A. INTRODUCTION A. I. Intent of the Master Plan & Development Guidelines The Downtown Area Master Plan & Development Guidelines propose recommendations that will reinforce and guide public/private investment in amanner that will strengthen the viability of the area and recommend Downtown Centerville as a r community destination of the highest quality. The Master Plan is intended to guide the form and character of development within downtown for the next twenty years. Traditional Mixed-Use Downtown In the summer of 2005, Damon Farber Associates was commissioned by the City Mixed-Use neighborhood and downtown of Centerville to lead a community task area. force to prepare a master plan, a set of design guidelines and zoning amendments. A framework of transportation The purpose of the Master Plan & improvements needed to support the Development Guidelines is to establish an redevelopment of the area and to create appropriate framework for future appropriate levels of parking as well as redevelopment of downtown as a vibrant vehicular, bicycle and pedestrian access to Mixed-Use destination, to incorporate: the downtown. • A set of design standards to guide the architectural quality of new development within the downtown area. While subject to the following regulations and guidelines, the plan layout shall be flexible to respond to physical site constraints, end users' needs, community desires and a changing market. The market analysis performed by the McCombs Group in the Fall of 2005 helped Looking South on Centerville Road at Main Street to define the overall quantity of retail, commercial and residential that could occur • An overall vision for redevelopment within the next twenty years. of the area, including the pattern, form and character of new development and open The market analysis projects that the City of space in the interest of creating a cohesive Centerville will be able to sustain a total of 230,700 square feet of merchandise and January 4, 2006 Page 3 of 34 149 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 services including but not limited to A Master Plan Concept and Development restaurants, specialty stores, clothing Guidelines would allow for this kind of retailers, coffee shops, physicians offices, creative flexibility. The Guidelines set insurance offices, bank, daycare and standards for urban design relationships personal services. The Market Analysis that ensure the scale and character of also predicts that the City of Centerville will redevelopment that the community expects, be well served by the addition of while still allowing the developer to arrive at approximately 450 additional higher density creative solutions that meet their financial residential units. requirements and the needs of the end users. The uses and square footages shown on the Master Plan are based on this analysis o with consideration of the appropriate uses to occur within the downtown area and transitions into the surrounding neighborhoods. The Master plan directs the design of the l street and open space network and provides flexibility with the individual blockMW r layout and dispersion of housing types toa meet City statutes, regulations and °° guidelines within. - fld,1,111111[ qe : AJI Master Plan ` Improved Pedestrian Environment A number of goals emerged during the initial The intent of the Downtown Master Plan is meetings with downtown land owners, the to provide a comfortable, safe, Mixed-Use general public, the Downtown Task Force community with emphasis on pedestrian and through the analysis of existing oriented streetscapes, diverse housing conditions and upon review of the Market options, adequate open space and quality Analysis conducted by the McCombs architecture. Group. The goals were developed with an eye More specifically, the Guidelines are towards providing the development intended to: community with a clear and concise Ensure the compatible integration of understanding of the communities' vision for retail, office and residential uses. the downtown. The vision includes the desire to incorporate the History of Maintain a scale and form of Centerville into the redevelopment. development that emphasizes sensitivity to A system was needed to set standards for the pedestrian environment and existing the overall project but also to allow enough neighborhoods nearby. flexibility for developers to tailor their • Ensure the compatible integration of a individual projects within the downtown area variety of housing types, including towards the needs of the end users. townhouses, medium density and high density residential. January 4, 2006 Page 4 of 34 150 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 appropriate design standards. A range • Minimize the impact of automobiles into of housing types will be available in the setting through strategies such a shared downtown, each meeting high design parking", in which adjacent land uses having standards. Centerville will meet the different peak-hour parking demands can challenge of managing growth while share parking facilities. enhancing the historic small town flavor, safety and strong sense of community • Improve access to and from County that has attracted people to live here." State Aid Highways 14 and 21. - Task Force Vision Statement • Achieve "traffic calming" benefits through: an integrated street network, History of Centerville provision of options for traffic flow, the Centerville has a rich French-Canadian design of streets with adequate width, and history with the first white settlers arriving to the provision of on-street parking. the area in the 1840's. They were trappers coming to the area for the abundant wildlife. • Provide for public open space that uses Prior to the white settlers moving into the storm water treatment ponds as a visual area the Dakota Indians lived here in the and recreational amenity to the project. 1600s and 1700s. At that time, this area was covered with dense woodlands and • Ensure the compatibility of buildings with many square miles of marshes, lakes, and respect to the specific character of their waterways. The Dakotas abandoned their immediate context within each district. settlement in the late 1700's, but returned • Encourage active ground floor uses, annually to harvest wild rice. such as restaurants, shops and services, to Soon after, families from Canada arrived animate the street within the Mixed-Use and settled here because it reminded them Corridors portion of the area. of their former homeland. Several descendants of these original settlers still • Develop a better connection between live in Centerville. downtown and Centerville Lake The city was officially established on August The task force developed a vision statement 11, 1857, when Minnesota was still a for the entire project that will guide the territory. At that time Centerville was known development of the plan and aid in the as Centerville Township and encompassed evaluation of development proposals. the current City of Centerville and the City of Lino Lakes. The downtown area of "Centerville will continue to be a small Centerville was originally known as the town and will be a safe community where French Section. German immigrants settled people know their neighbors. The farther to the west in what is now part of the historic fabric of the downtown and the City of Lino Lakes. The pioneers cleared surrounding neighborhood provide a the land for farming and agriculture soon strong sense of place and pride for followed. Residents formed the Church of residents. Residents will be able to walk St. Genevieve of Paris. to downtown through a well-connected The Downtown Redevelopment Task Force trail system. Centerville's historic wanted to build off of Centerville's history downtown will offer a mix of uses, with with an emphasis on our uniqueness of the small town character preserved by having the downtown still standing, but all of January 4, 2006 Page 5 of 34 151 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 the building have been greatly modified and A. III Purpose. What are Development no long meet the criteria for registration as a Guidelines? National Historic site. With this knowledge The primary purpose of Development the Downtown Redevelopment Task Force Guidelines is to set basic parameters, felt the necessity to build off our heritage in describe preferences and design intent. the redesign plans for the downtown area. These guidelines serve as a framework within which creative design can occur. You will see the French-Canadian reflection Development Guidelines are established to in the design plan with great detail given to ensure that public and private development iron work and building design reflective of projects implement the Goals, Objectives, turn of the century Canadian architecture. Policies and Character envisioned by the community. The Guidelines provide a � framework to: • Enhance the quality of the built / environment; r • Achieve quality contextual design � • Achieve design that implements the vision of each district in which the property is located, thereby promoting an identity for the downtown; Quality Residential Architecture • Encourage a diversity of architectural styles that incorporate historic architectural Districts elements and materials previously used The project area is broken into two unique downtown; districts that relate directly to each other. The Mixed-Use Corridors and the • Provide design flexibility instead of Downtown Neighborhood district form the aesthetic control; primary development opportunities within the area. • Create a unique pedestrian-oriented environment; and; The Mixed-Use Corridors will provide primarily retail uses on the first floor with • Provide investor and property owner housing or office uses above. It will become confidence through design continuity. a pedestrian friendly town center and community destination. The Development Guidelines encompass the above goals through standards for new The Downtown Neighborhood will provide a construction that regulate site design, range of medium to high density housing building placement and building design. styles and choices for everyone from empty Lastly, the Guidelines establish standards nesters to young professionals. for seven important systems. The Guidelines include an explanation of the general and specific design principles promoted by each aspect of the guidelines, January 4, 2006 Page 6 of 34 152 yyDowntown enterv ) I aster Plan & m evelc ,i N r , as well as a variety of images describing Transportation Systems Storm Water appropriate design solutions to implement Systems those principles. This approach values Utilities creativity and allows for numerous design Mix of Uses solutions for any particular project. The City Parking Strategy Administrator and Planning and Zoning The Second document, Standards for Commission are responsible for the Private Development is intended to provide administration of the Development guidance to the private developers as they Guidelines. Projects in the Downtown Area take responsibility for individual components must comply with the Development within the Master Plan. It will help assure Guidelines, as well as the provisions of the that the private development that takes place City Code and compliance will be in the Downtown Area will fulfill the City's determined during the site plan review goals and objectives for the area. process. d w The Standards for Private Development deal with the two individual districts within the Master Plan and the individual buildings within those districts r N, i Well Detailed Buildings A. IV Application The format and content of these guidelines are specifically tailored for use as a reference workbook. They are organized " into two separate documents that are intended to be used by two different audiences, the Systems Guidelines and � y the Standards for Private Development. The first document, Systems Guidelinesr1 provides design guidance for all elements of the public infrastructure. It outlines issues and provides design standards that apply to t l ✓��ly ��' '�';�� ' ` the entire Downtown Area. It is intended as an attachment to the Master Plan Document itself. The Systems Guidelines describe the seven distinct items of the overall infrastructure framework: Context Improved Public Infrastructure Open Space January 4, 2006 Page 7 of 34 153 yyDowntown Cen#er�r � I � � N - aster Plan r evelc m 1 Downtown Centerville Master Plan /ii r ry/ r. r ,r IFF I �r 'o 0 e V/0"',Rj �� r(�r'/j 1 O% r///%/� (/ / iii/ / :i ✓� /���� '�/r�;, N yr r Kg/p, i/ We/ � ! % �4 / � %i January 4, 2006 Page 8 of 34 154 yyDowntown Cen#er�r � I � aster Plan eelm - ,yo VI 1 B. Systems I ell @ stand alone district within the City; instead it will be a part of, and connect with, a variety Systems Guidelines describe the elements of local, city-wide and regional systems. of the public infrastructure. The System Each development project, whether a single Guidelines outline issues and provides building, one lot, or a series of blocks, must guidance for standards that apply to the provide reasonable links to these systems entire Downtown Area. It is intended as an as a primary design objective. attachment to the Master Plan Document itself. The Systems Guidelines will deal Guideline Recommendations with the seven distinct items of the overall To ensure that the Downtown Area takes infrastructure framework: full advantage of local and regional systems, development should: Context Open Space • Provide safe, easily recognized Transportation Systems connections to city and regional trail Storm Water Systems systems; Utilities Mix of Uses • Support increased use of transit services Parking Strategy by maintenance of existing service to St. Paul and strengthen service to Minneapolis These seven items represent the overall for residents; organizing elements that give shape and form to the public elements of the Master • Tie into, and improve, the utility network; Plan. Presumably, they will be adopted by the City as part of the Master Plan, will • Integrate with and complement the become part of City policy and will be existing (and future) street framework; implemented by the City or with City participation before or concurrently with • Become an integral part of the city and the work of private developers. The county drainage/storm water management Systems Guidelines will create the plan; framework within which the private parcels are allowed to be developed. They will • Parks and open space will be easily prescribe Development Standards for all accessible to all Downtown Area residents, above ground, visible elements of the visitors, people who work here and also for public infrastructure including street and the citizens of Centerville and the roadway design, streetscape and surrounding area. landscape design, pedestrian spaces, connectivity between private and public B. II. Open Space spaces, parking strategies and policy, etc. The overall design framework of the Systems Guidelines will prescribe Downtown Area is based on links to everything in the public realm from curb LaMotte Park, trails, new open space sections and paving materials to street downtown and regional open space. The lights, park benches, waste receptacles City of Centerville will take the lead role in and tree species. local parks programming, design review, construction sequencing, implementation B. I. Context and ultimately maintenance and operation Although unique to Centerville, the of key public spaces within this framework. Downtown Area is not intended to be a The goal is to link existing parks and trails January 4, 2006 Page 9 of 34 155 yyDowntown Cen#er�r � I � aster Plan eelm - ,yo VI 1 defined in regional park plans with the trails • Maintain trail width shall be 12' where it within the Downtown Area. occurs on residential streets and a minimum of 10' in other areas; M: • Encourage private development (block by block) to share in the responsibility to provide inviting, innovative and useable Pr � green space as integral parts of each development project; r • Continue to work with St. Genevieve's church on the future of their land on Centerville Lake and insure that public access to the lake can be accommodated at Trails Provide Access to Downtown some point in the future; Of equal importance is the contribution from each block and each development project to • Integrate storm water management components (meeting water quality and this open space network, adding a variety of private, semi-private, and perhaps some quantity requirements) within both additional public space throughout the public/private parks and open space Downtown Area. Private development will improvements. Together, the system of share the responsibility to provide inviting, public and semi-public green space will innovative and useable green space as result in a welcoming public realm throughout the revitalized downtown. integral parts of individual parcel site design. a , V Guideline Recommendations � � The Centerville Downtown Area will have new open space that did not previously existJ� in the City. Toward that end, Open Space guidelines encourage the following: • Work with the City to create an integrated, e�� comprehensive open space system that links with existing city and regional trails and open space. Reroute the proposed regional trail from CSAH 14 to Heritage Street, thus providing a safer and more appealing connection around downtown. Regional trail connection will be maintained along IN CSAH 14 until parcels to the south are Improved Access to Centerville Lake assembled for development and will accommodate the revised trail alignment B. III. Transportation Systems shown on the master plan; The system of streets and public rights-of- way are the primary way people will experience downtown. It is critical that the January 4, 2006 Page 10 of 34 156 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 character and arrangement reinforces the and by eliminating mid-block access to higher standard of development proposed parking areas. Instead, the parking areas and improves the overall legibility of the would gain access from Sorel Street or system from what exists today. The Progress Road. This allows for increased following paragraphs provide the intended on-street parking and a safer pedestrian transformation of the downtown area's environment. Additional amenities like roadway system from a set of narrow decorative street lighting, shade trees, roadways that lack a unique sense of benches, planters and hanging baskets will character to an understandable system of begin to create a unique sense of place roads with high quality pedestrian space downtown. With these recommended and an image that reflects the higher enhancements, CSAH 14 will become a standard of development desired for quality first impression to downtown downtown. Centerville, will accommodate future traffic needs and become an amenity for business owners within the downtown area. o� MD r,ow County Road 21 Improvements Although the County has no current plans for CSAH 21 (Centerville Road) aside from improvements to the block south of CSAH 14) the Development Guidelines recommend a desired street section for Centerville Road that improves the ' ���� � pedestrian environment, introduces on- Existing Conditions on CSAH 14 at County Rd.21 street parking and continues the pedestrian County State Aid Highway 14 amenities recommended for CSAH 14. Improvements One of the primary objectives of the plan is The first section on page 13 depicts Anoka to improve the overall understandability and County's proposed configuration of CSAH perceived quality of the transportation 21. The section below that illustrates the system. Characteristics and access Development Guidelines recommended associated with County State Aid Highway design for CSAH 21. It is important to note (CSAH) 14 are critical components to that increasing the ROW width on achieving this objective. Anoka County is Centerville Road will have a significant currently planning on constructing impact on existing property owners on the improvements to County Road 14 in 2007. west side of Centerville Road. The existing The road will be widened from a 50 foot parcel sizes have a depth of 150 feet. right-of-way (ROW) to 100 feet. Many Reducing this depth by 15 feet will make buildings and properties on the north side of these parcels difficult to redevelop given CSAH 14 will be taken by the County. parking requirements for retail and Utility improvements will also be made. commercial. The Master Plan illustrates a This project can become a catalyst for shared parking situation with St. downtown change. Genevieve's that would provide additional parking for the church and businesses along The Development Guidelines recommend Centerville Road. It is important that this pedestrian scale improvements by arrangement be resolved prior to any relocating the proposed trail system on the expansion of the Centerville Road ROW. south side of CSAH 14 to Heritage Street January 4, 2006 Page 11 of 34 157 yyDowntown Cen#er�r � I � � aster Plan eelm � - ,yo VI 1 ilPippll)X1111,;,;d �� ����� i 1111 11 1111\1�11h0ii AAO 1,���� 1�iloo�iu�M'� a+ „ i /l Anoka County Design for CSAH 14 I , 4 I, R.O.W. Recommended Design for CSAH 14 January 4, 2006 Page 12 of 34 158 yyDowntown Cen#er�r � I � Master Plan euelc m � - p i r � 44 rc� rr1✓r r� �� A pp gAqryry++ IR.o.4n£. Anoka County Design for CSAH 21 o i J ,,, .O, . Recommended Design for CSAH 21 January 4, 2006 Page 13 of 34 159 yyDowntown Cen#erv � I � aster Plan eelm - o ,yo VI 1 The Local Streets inside the stores. A positive visual image is The further development of local important to retail success and to attracting commercial streets is important to people to live downtown. Coordination with attracting and keeping high quality retailers Anoka County will be required for in the downtown area. Local streets will be streetscape enhancements. easily accessible from CSAH 14 and CSAH 21 and will provide a clear and logical The transportation improvements portrayed system for shoppers and people living in the Master Plan combine to provide the downtown to access local shops. Once on Downtown Area with improved way finding, foot, users of the area should be able to easily accessible development parcels, access the local sidewalks easily from easily understood layout of streets and a parking areas and signage should orient system that can be phased in as them to the mixed use corridors. Too much development occurs. signage can clutter the streetscape and actually cause additional confusion, while The further development of neighborhood not enough can leave visitors with a sense streets will enhance the character of the of frustration. A balance must be achieved. downtown neighborhood and differentiate the residential areas from the commercial The sidewalk materials, lighting and core. The provision of a wider right-of-way landscaping all contribute to providing a allows for on-street parking as well as high quality pedestrian experience. The sidewalks which improve connectivity visual image of the street influences the throughout the downtown. perceived quality of goods and services I ro r' i" w N JN / R.O.W. Recommended section for Local Commercial and Neighborhood Streets January 4, 2006 Page 14 of 34 160 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 B. IV. Storm Water Systems Guideline Recommendations Integration of the storm water management The overall drainage system for the area is system and public open space will provide a essential to the future performance and unique amenity for the downtown and the function of the downtown and the improved City of Centerville. water quality of Centerville Lake. The project will provide a series of regional Design creativity, use of high quality storm water collection areas on the east and materials and addressing safety concerns west ends of Sorel Street. The ponds will are critical objectives to be addressed. The provide a visual backdrop for new housing following objectives must also be addressed opportunities downtown. The project will in the final design: comply with Best Management Practice (BMP) standards and alternative storm • Regional storm water ponds. water treatment applications will be explored to minimize capital costs, future • Provide fountains to improve water maintenance and improve water quality. oxygen levels. • Filter storm water prior to entering the natural system. • Plant pond edges with native plantings to ISI, discourage geese from using sodded areas. B. V. Utilities o.^diupUu�fli �;"" 'I A solid network of water distribution and wastewater collection infrastructure is vital to the health, safety, and welfare of the entire Downtown Area. While understanding the location, size and characteristics of individual utility Y components is important development proposals must also acknowledge r, awareness of the entire redevelopment area, specifically how individual i%iii%lata; improvements affect the overall utility � system. The downtown will also be served .: by a full complement of utility connections including cable television, fiber optic, electric, and telephone. i Guideline Recommendations I • Provide wastewater collection infrastructure; Ponds can become Visual Amenities January 4, 2006 Page 15 of 34 161 yyDowntown Cen#erv � I � aster Plan eelm � - o� ,yo VI 1 • Install water distribution system for potable water consumption and for fire protection; • All utilities should be buried within City Right-of-Way and make connections to individual projects from a `back of house' location; • All utilities designed according to City standards. Although utilities are not typically seen, they play a vital role by establishing the needed framework for development to move forward. Downtown will be Connected � �➢ aa�,�aPnir+�'%Wd�iiN'Irk r � � %,.. 1Y���' �CI��✓/l�//ll//IJIrJJJJJ�� /9J1� ��/ ;-.� , 'igj✓ J�X�110.'� i J 1,? n44 ✓r l WIP loo/ d % i � 'l 't �a�N r � � � �,. �� `�.1 1 ,�' /aoGrr✓/�✓i i/iii/i � �f �., ��)� 6l l� YkA.,k�W Wvf�....."i,'i 'M I tiw ji ✓ .. i✓ / �> .,ii "�IQ��✓llPl * „" �b ,M /✓/ 1.^' v. ww,wmwnl f �tl NW�VNI I} � ���.�'Y�� �i;,�?tw,'�✓�, �te✓r,� �runMR"°������� rr�„�t�^1'Jl�N' ������//�.�J79'�0y ��u SESvlwxpuewmaetw�kasmrlmw•rn FwawaalSmapinruAwauNmw mninmpmarxugmaenuamlamaa•+tnart •ll✓4�a Plans for Utility Improvements January 4, 2006 Page 16 of 34 162 yyDowntown Cen#er�r � I � aster Plan eelm - ,yo VI 1 B. VI. Mix of Uses overall needs of the Downtown Area. The master plan identifies the desired mix of Parking will be provided through a uses within the downtown area. A combination of on-street spaces and off- horizontal and vertical mix of uses is desired street surface lots to support the mix of uses within the primary Mixed-Use Corridors. A at the core. Parking facilities should mix of complimentary housing styles and contribute to the overall character and scales should be incorporated into the image of the Downtown Area. Parking Downtown neighborhood districts of the facility edge design should include project. New uses should reinforce the elements, colors and materials that reflect, public open space and activity at street- or complement surrounding buildings and level. The mix of uses is designed to landscape. promote daytime activity with shoppers and workers and activity will continue in the � evening with residents and visitors enjoying new entertainment opportunities. 1N idu `� r iry- Mixed-Use Projr Retail Parking Lots with Landscaped Edges Guideline Recommendations Guideline Recommendations • Promote vertical Mixed-Use within the Parking guidelines encourage the following: Mixed-Use Core of the project. Provide flexibility for developers wishing to be • Locate off-street surface parking lots away creative with potential retail uses in other from CSAH 14 and CSAH 21, either behind areas of the project; or to the side of primary buildings; • All uses should reinforce pedestrian • Provide a combination of fencing, activity at the street level. landscaping and landform to screen parking B. VII. Parking Strategy areas from all streets and important views; Balancing the realities of car-related • Create strategies for shared parking necessities (streets, parking and so on) and between adjacent uses, taking advantage of the desired character is a significant peak and off-peak cycles, business hours, challenge. The goal is to provide adequate nighttime activities, special events and other parking, both quantity and location, while needs. This is especially important on the promoting new strategies that support the west side of Centerville Road; January 4, 2006 Page 17 of 34 163 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 • Work with the City to review existing standards to provide flexibility including hours for on-street parking, security and enforcement practices, permit or metering. • The City should work with existing businesses and land owners to explore the possibility of creating a special service district within downtown to pay for an enhanced level of maintenance.. B. VIII. Summary The Systems Guidelines will guide public investment in the downtown and insure that as development occurs the appropriate public improvements are implemented based upon community input, fiscally responsibility and an overall vision for downtown. January 4, 2006 Page 18 of 34 164 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 C. Documento'' Standards characteristics and qualities of the district in for PrivateDevelopmentsnon-technical terms. The section entitled Site Development C. I. Intent of the Standards Standards describes each district with The "Standards for Private Development" language and terms that are normally are intended to provide guidance to the associated with a zoning ordinance. selected private developers as they begin to It is the view from 20,000 feet in the air. Site design the individual pieces that comprise Development Standards specify the the Downtown Area. The Standards will relationship between buildings, their edges, assure that the City's overall goals of the streets and public spaces. The Standards Downtown Area are met and that the imply a strong link between architecture and individual pieces are well integrated and site, how buildings define, the spaces work together to create a cohesive around them and the visual and physical downtown within the City of Centerville. connections between the private and public realm. Like a zoning ordinance, this section These Standards for Private Development will prescribe allowable uses, density, will deal with the two individual districts building bulk, height, Floor Area Ratio and within the master plan (Mixed-Use Corridor parking requirements. It will also regulate and Downtown Neighborhood District) and the relationship of buildings to streets, the individual buildings within those districts. pedestrian ways and open spaces. Normally, bulk requirements establish upper The Standards for Private Development limits on the intensity of development in any apply to all future redevelopment and given district. Since a certain intensity of remodeling efforts within the M-1 zoned development will be needed in this area to area. Therefore, all Standards and sustain the public expenditure on Guidelines must be met with future infrastructure improvements, the improvements to existing and new requirements for this plan may also specify structures within Downtown Centerville. lower limits of bulk and intensity. C. I. a. Structure of the Standards If Site Development Standards are called the Unlike guidelines for other projects, these "view from 20,000" feet, Architectural standards are prepared in a multi-layered Guidelines are the "view from 5 feet." After fashion. They will have three distinct but the overall goals prescribed by the Site interrelated parts. Ensuing sections of this Development Standards are established, this document specify the development nearer view, the 5 foot perspective is needed standards of each District individually and in to ensure that the design, the details, the greater detail. They are structured to plainly quality and the craftsmanship of the private communicate the development's components of the development are requirements in each of three categories appropriate to and reflective of the overall below. public goals of the downtown. From 20,000 feet in the air, an $18,000 Chevrolet looks District Overview just like a $70,000 Mercedes. But from 5 Site Development Standards feet, there are distinct differences in quality, Architectural Guidelines detail and amenities. In any development, the quality of the individual components and For each district, a section entitled District the quality of the details are equally as Overview describes the desired import as the plan itself. Just like the car, January 4, 2006 Page 19 of 34 165 yy Downtown Cen#erv � I � aster Plan eelm - P ,yo VI 1 one's memory of their experience in the C. I. c. District Overview downtown will be made at this five foot In addition to the public open space, the perspective. master plan identifies two distinct districts that are available for private development. Architectural Guidelines define the desired Each of these districts will have its own quality standards that are expected for all unique character, mix and intensity of use, components within each district. They thus each is defined by a unique guideline. establish the foundation of the architectural The districts are intended to work together vision of the downtown. They may vary as a part of the whole, to compliment one somewhat from one district to the next but another. The districts are: they will strive to establish the guiding principles for the design of individualMixed-Use Corridors components of the plan so they will work The Mixed-Use Corridors provide the together as parts of the whole. The broadest variety and highest intensity of Architectural Guidelines will not be development within the downtown. The prescriptive. The use of elements and Standards will require both vertically and detailing that reflect French Canadian style horizontally integrated mix of uses will be suggested, while the layout and containing multi-level retail as well as office architectural features will recognize current and residential uses over ground floor retail retail and commercial uses. uses. Standards will also require public open spaces, streets, sidewalks, plazas, etc. Architectural Guidelines will address that encourage and promote pedestrian individual aspects of design in hopes of activity. establishing standards for quality and good design that can be applied to any style of Downtown Neighborhood design. In no order of importance, the The Downtown Neighborhood is reserved for Architectural Guidelines will deal with such low-density and mid-rise housing. The things as: scale and context; proportion and district will allow the integration of service massing; articulation; materials and color; and/or restaurant related retail space that is craftsmanship/detailing; signage; integrated into the ground floor of residential streetscape and pedestrian environment; buildings. and sustainability. A more detailed description of each of the As the guidelines move from the general to two districts appears in the following the specific, the Architectural Guidelines sections of this guideline. establish separate goals for each district that regulate some or all of the major building C. II. Standard for Private and site components listed below: Development; Mixed-Use Corridors Building Character and Expression C. II. a. District Overview: Mixed-Use Scale, Proportion & Height Corridors Windows & Doors The overarching objective of the Standards Materials for Private Development for theMixed-Use Streetscape Corridors is to create a unique opportunity to focus on the creation of a contemporary, C. I. b. Review and Approvals Process innovative, new urban development pattern See proposed zoning. that promotes richness and variety in the built environment. January 4, 2006 Page 20 of 34 166 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 Therefore, the Mixed-Use Corridors will provide the broadest variety, highest density and greatest intensity of development within r� the Downtown Area. Both vertical and horizontal integration of uses will be required as well as elements promoting pedestrian circulation within the district. Major retailers, supporting services, lifestyle and impulse retailers and their related parking facilities will be encouraged to locate in multi-level, Mixed-Use and Connections from Parking to Retail interconnected buildings. In addition to this vital mix, the guidelines for the Mixed-Use Characteristics: Mixed-Use Corridors Corridors will describe the qualities and The ground floor of all buildings will be character of a desired `urban form' within limited to retail and restaurant uses only. the Mixed-Use Corridors. Compact buildings They will be designed with storefronts, and high-density blocks that define this entrances, windows and related district must include continuous built edges streetscapes that encourage the greatest that relate directly to streets and sidewalks. level of pedestrian circulation and traffic The Mixed-Use Corridors must incorporate as is possible. innovative parking strategies that support the mix of uses and that provide convenient Ancillary uses, such as service and access to shopping destinations, restaurant delivery spaces will be allowed but and entertainment venues. Together these located away from pedestrian oriented elements will create a core area that is the storefronts. center of activity—the place to see and to be seen within the Downtown Area. High-density housing and office uses on the upper floors are encouraged. Except These objectives require that the majority of for entry lobbies, pure office uses and buildings front on primary streets and pure residential uses will be prohibited pedestrian thoroughfares that may be part from the ground floor of buildings in this of any redevelopment plan and may district; connect to or relate to public open spaces. Parking and service areas should be Surface parking is to be confined to located internal to or on the sides of shared or municipal parking facilities. buildings, away from view. Pedestrian Quick-stop parking needs such as dry access to the retail fronts of buildings is cleaners and coffee shops or parallel critically important. Mid-block access from parking on public or private streets also parking is highly encouraged. be encouraged but will be reviewed or A mix of uses within individual blocks, considered on an individual basis. including retail, restaurant and residential, Building Placement and Setbacks: will further enhance this model and promote Mixed-Use Corridors activity throughout much of the day and evening hours. Site development guidelines Buildings should be located at the build- include the following: to lines (zero setback), but allow January 4, 2006 Page 21 of 34 167 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 i 23 61illtr Rendering of Possible Architectural Character at Main Street&Centerville Road recessed spaces for outdoor dining, Parking Strategies: Mixed-Use Corridors other street level activities and variety of Provide required parking spaces for pedestrian environment. 80% of daily use that satisfy both quantity and building facades should address the location needs through a mix of on build-to lines; street and off-street parking solutions with a minimum of small surface lots; • Great emphasis should be given to building features located at the intersection of Centerville Road and Encourage shared, district or municipal Main Street or where other streets parking facilities that minimize total intersect these two main roads. These parking numbers by taking advantage of locations will be seen from several around the clock and peak/off-peak directions and terminate views. They hours of operation for various uses will become future landmarks and way within the core area; finding icons as the Downtown Area develops; Locate any surface parking lots away from the major streets, either behind or • Minimize openings between buildings. to the side of primary buildings; surface Limited driveway access and provisions parking lots along major street frontage for pedestrian connections through are not allowed in the core area; blocks are encouraged. Gaps between buildings to accommodate surface Encourage driveway access to parking parking lots, greater building setbacks or facilities along major streets or side other purposes are discouraged; streets in order to maintain a pedestrian friendly environment within the Mixed- • Encourage recessed entries and Use Corridors. windows to create street-level interest, variety and enhance pedestrian scale along street frontage. January 4, 2006 Page 22 of 34 168 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 By individual review, but multi-story l buildings are encouraged throughout the Mixed-Use Corridors. Free standing, single story buildings are discouraged. Minimum Building Height: 32 ft. Maximum Building Height: Three floors or 45 ft. Subject to individual review. Off Street Parking- Retail/Office Parking facilities within the Mixed-Use Corridors will be subject to individual review. r Parking facilities for the retail and public uses will be considered to be part of the t;! public infrastructure and may be co- developed with City participation. Shared or "district" parking facilities will be li encouraged. Off Street Parking - Residential Parking Strategy Includes On-Street Private and secure parking for residences within the Mixed-Use Corridors will be fully C. II. b. Site Development Standards: enclosed in private facilities. Guest parking Mixed-Use Corridors may be accommodated in public facilities or on-street. Parking demand will be market Allowable Land Use driven and subject to individual review. A Retail, office and high density residential minimum of one space per bedroom is uses are all allowed in the Mixed-Use anticipated. Corridors. With the exception of office or residential lobbies, retail and restaurant D. II. c. Architectural Guidelines: uses should comprise the entire groundMixed-Use Corridors floor of all buildings. Building Character and Expression: Minimum Lot Area: NAMixed-Use Corridors Minimum Lot Width/Depth: NA Buildings in the Mixed-Use Corridors will Front Build-to Lines; 80% of the lot play a major role in defining the overall frontage must be built out to the built-to line character of the district. The proposed mix or lot line. Where buildings front on of uses for this signature destination common areas, pedestrian ways or other suggests the potential for a variety of open spaces, 80% building facades must be building types, demanding creativity and built to the open space line. Driveways to innovation to highlight unique architecture, parking facilities and access drives to while knitting the entire district together as a service areas are excepted. coherent whole. The build-to line for new development along Centerville road is offset 40' from the Overall building design is an important centerline. consideration, but emphasis on first floor Side Yard Setbacks: None. Subject to fagade treatments is essential to encourage individual review. street-level activity and enhance the Rear Yard Setback: pedestrian experience. Architecture is to be None. Subject to individual review. `4-sided' at all locations visible to public Floor Area Ratio: areas. Emphasis is to be on creating highly January 4, 2006 Page 23 of 34 169 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 animated design solutions along all street Avoid large, unarticulated fagades; frontages and pedestrian ways. Architectural guidelines include the following: r dip i � frf„ n 4� e ,v ��'rkkrr I Varied tagade oor • Provide a variety of building types and styles, expressed both in large scale (overall building) and small scale (design details); Emphasize Pedestrian level Detail • Designs should minimize blank walls Emphasize important intersections by along the public rights-of-way and placing distinctive architectural elements should consider all street frontages, or interesting fagades at these including buildings at corners, as prominent locations; primary elevations; • Provide a variety of front elevations for • Emphasize transparency at street level rows of buildings along any given block; to encourage two way viewing — both window shopping and `eyes on the Scale, Proportion and Height: Mixed-Use street'; Corridors • Articulate front fagades with projections • Promote interesting, animated and recesses; architectural features without being thematic or artificial. The use of • Encourage variety in building height decorative wrought iron is encouraged along front elevations and allow to evoke historical materials used and changes in roof treatments. fabricated downtown. Faux decorative elements are discouraged; January 4, 2006 Page 24 of 34 170 yyDowntown Cen#erv � I � aster Plan eelm " o ,yo VI 1 II Street Presence: Mixed-Use Corridors • Emphasize pedestrian experience withMaterials: Mixed-Use Corridors architectural features at street level — Provide a diverse mix of materials, canopies, decorative light fixtures and applied in a variety of proportions, material detail; exposures and detailing within a block, or along a street; • Encourage variety of color, texture and materials to complement other Encourage durable, high quality streetscape elements; materials; • Conceal service entries, loading Vinyl, metal and wood siding is not facilities and mechanical services from allowed except as a complimentary view along public streets; material. Composite siding will be considered on a conditional use basis; • Create a continuous building edge along street frontage, visually connecting Encourage the use of mostly brick or adjacent buildings with complementary comparable alternative; minimum fagade treatments. requirement of 50% of non-glazed wall area; Windows and Doors: Mixed-Use Metal and wood components are only Corridors acceptable as a complimentary material; • Maximize glass openings for all ground level, street front fagades— especially Encourage overhead projections, either for retail, restaurant and other as a specific building component or as commercial uses — recommend 50% permanent/temporary canopies; minimum of total ground level fagade, or demonstrate great design through other means; • Provide real window openings for all street facing fagades above ground level — recommend 40% minimum of total . fagade; t � • Provide recessed entries wherever I possible; irtk M 4 a I, • Use clear or lightly tinted glass for all windows and doors — mirrored, reflective or highly tinted glazing is not acceptable; �f I i • Provide primary access doors facing public streets; Doors and Windows Enhance the Street January 4, 2006 Page 25 of 34 171 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 • Select materials that relate to the The Downtown Neighborhood will be building use, not artificially contrived or dominated by high-density and medium themed; density residential developments in low-rise buildings of one, two and three stories. • Include small scale elements, variety of Buildings fronting on corners may contain materials and careful detailing to service and restaurant related retail spaces support street level activities and on the ground floor corners only. Housing enhance the pedestrian experience. density will range from 20 to 45 units per The use of wrought iron is highly acre. encouraged to reflect historical elements downtown. 0`,,i Streetscape: Mixed-Use Corridors .w • Provide gracious sidewalk width to invite a q pedestrian traffic; • Install street trees to frame the street and provide scale and shade; • Provide street lighting that meets all safety standards and design criteria, ' while creating a unique character for this district; • Explore street light spacing, height and a variety of fixture type that would support proposed mix of uses and activities (note, however, that too much light is as bad as too little); liirte a�' • Explore a range of options for streetscape improvements including rN s if 1i/ special pavements, interesting concrete g p tinting or scoring patterns, additional plantings, ornamental fencing and other A Quality Streetscape Enhances Downtown Business features (note, however, that simpler is better and too much clutter is a Characteristics: Downtown negative). Neighborhood • All resident parking shall be enclosed in underground or tuck under garages. C. III. Standards for Private Guest parking should be on-street or Development; Downtown Neighborhood located in small lots of no more than 20 cars each accessed from side streets C. III. a. Overview: Downtown only. Parking for retail uses should be in Neighborhood small lots of no more than 20 cars each, must not front on CSAH 14 or 21 and should be accessed from side streets only; January 4, 2006 Page 26 of 34 172 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 variety in architectural expression within the • Private courtyards within and in between district and on its public edges. buildings and opening toward the lake will be encouraged; • Pedestrian entries and lobbies should Parking Strategies: Downtown orient toward the public street. Access Neighborhood To resident parking should be from side All resident parking must be enclosed in streets as far as is possible. No access below grade garages or garages that will be allowed from CSAH 14 or 21; are internal to the sites; • Setbacks from public streets should be consistent at 50 feet from street center line. All buildings should be required to have some portion that extends to exactly 45 feet from the street centerilne. All ground floor units oriented toward the street should have stoops or porches. Ground floor stoops at the first floor should have a consistent setback of ,, exactly 8 feet. ;r , Storm Water Ponds can become a Residential Amenity • Parking spaces for ancillary retail should be provided through a combination of on-street and surface lot parking solutions; • Minimize surface parking lots fronting on primary streets, locate surface parking lots away from the major streets, either ' behind or to the side of buildings; • No more than 25% of street frontage Downtown Neighborhood Housing can be utilized for surface parking lots. C. III. b. Site Development Standards: Residential courts and private green Downtown Neighborhood space: Downtown Neighborhood There are many opportunities to integrate Allowable Land Use: privately owned and maintained courtyards High density residential. and pocket parks within this district. These Ancillary, ground floor restaurant or service small-scale greens provide important related retail. `breathing space, contribute to storm water management and offer additional amenities Maximum Lot Area: NA to serve residents, building tenants and Minimum Lot Area: All lots shall be full adjacent uses. They can help create great depth from city streets January 4, 2006 Page 27 of 34 173 yyDowntown Cen#er�r � I � aster Plan eelm - ,yo VI 1 Front Build-to Lines: Primary building facades should be Emphasize transparency of retail uses consistent at the built-to line. Build-to line at street level to encourage two way shall be 20 ft. behind the public ROW. viewing — both window shopping and Ground floor stoops or porches may extend eyes on the street; to 8 ft from the sidewalk. Setbacks from the built-to line for courtyards or other recesses Promote interesting, animated shall not comprise more than 40% of the architectural features without being fagade. All buildings must be built to the thematic or artificial —faux decorative build-to lines at all street corners. elements are discouraged. The use of wrought iron as an accent is Side Street Setbacks: NA encouraged to recall historic materials Rear Yard Setbacks:NA fabricated downtown; Internal Side Yard Setbacks: 5 feet from an adjoining residential property. . Avoid large, unarticulated fagades; Minimum Residential Density: 25 units per acre. 1,250 square feet/dwelling unit. . Emphasize important intersections by Maximum Residential Density: 45 units placing distinctive architectural elements per acre. 900 square feet/dwelling unit. or interesting fagades at these Maximum Retail Density: prominent locations; Ground floor retail or restaurant space shall be limited to 50% of the ground floor, floor Provide a variety of front elevations for area and by adequacy of parking only. See rows of buildings along any given block. below. Building Height: Scale, Proportion and Height: Downtown Building height in the Downtown Neighborhood Neighborhood District shall be limited to two stories or 32 feet. 0 Articulate front fagades with projections Off Street Parking-Residential: See and recesses. Mixed-Use Corridors 0 Promote a maximum of two stories in Off Street Parking—Residential: this district, lower buildings are Private and secure parking for residences acceptable; continuous height rooflines within the Downtown Neighborhood will be should not dominate any street frontage. fully enclosed in private facilities. Guest parking may be accommodated in public Encourage upper level setbacks and facilities or on-street. Parking demand will variety of roof edge treatments. be market driven and subject to individual review. A minimum of one space per Street Presence: Downtown bedroom is anticipated. Neighborhood Off Street Parking-Retail: Parking numbers, placement and access for Emphasize pedestrian experience with ancillary retail subject to individual review architectural features at street level and approval. including stoops, steps porches awnings C. III. c. Architectural Guidelines: canopies, decorative light fixtures and Downtown Neighborhood material details. Building Character and Expression: Downtown Neighborhood January 4, 2006 Page 28 of 34 174 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 • Encourage variety of color, texture and Maximize glass openings for all ground materials to complement other level, street front fagades, especially for streetscape elements. retail, restaurant and other commercial uses. • Conceal service entries, loading facilities and mechanical services from Provide real window openings for all view along public streets as much as street facing fagades. possible. • Create a continuous building edge for • Provide recessed entries wherever the majority of street frontage, visually possible. connecting adjacent buildings with complimentary fagade treatments— in • Use clear or lightly tinted glass for all limited areas where gaps occur, windows and doors — mirrored, reflective architectural treatments, windows and or highly tinted glazing is unacceptable; detailing of side fagades should match faux windows are not allowed. front fa ade f1j �n%% Provide primary access doors facing 1 f . ;i public streets. td Wl y a fi s i i " J r r " Consistent Building Setbacks Materials: Downtown Neighborhood Provide a diverse mix of materials, applied in a variety of proportions, exposures and detailing within a block, Building Setbacks providee space for or along a street. Small Front Yards. • Encourage durable, high quality Window and Doors: Downtown materials - local sources if available. Neighborhood January 4, 2006 Page 29 of 34 175 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 • Siding is not allowed (vinyl, metal, special pavements, interesting concrete wood) except as a complimentary use. tinting or scoring patterns, additional plantings, ornamental fencing and other • Encourage the use of mostly brick or features (note, however, that simpler is comparable alternative; minimum better and too much clutter is a requirement of 50% of non-glazed wall negative). area. C. IV. Review and Approvals Process • Metal and wood components are Development within the Downtown Area will acceptable as a complimentary use. generally consist of a subdivision and site • Accommodate changes in material as plan. In these cases, the applicant will follow follows — return 8 foot minimum at side the normal subdivision and site plan walls and avoid terminating in the same requirements of the City subject to the plane. submittal requirements contained herein. For subdivisions, expansion or fagade • Encourage overhead projections, either replacement of existing buildings, the review as a specific building component or as process will include sketch plan review, permanent/temporary canopies. preliminary plat, and final plat. Existing businesses wishing to perform routine • Avoid overly complex or arbitrary use of maintenance such as window or door materials. replacement or renovate a minor portion of their structure without adding square • Include smaller scale elements, variety footage are subject to existing codes and of materials and careful detailing to will not be required to adhere to the support street level activities and development guidelines. For site plans, the enhance the pedestrian experience. review process will include a preliminary site plan and final site plan. treetscape: Downtown Neighborhood a. Sketch Plan Review • Provide gracious sidewalk design to 1. Pre-meeting with City Staff Prior to invite pedestrian traffic. making an official subdivision application to the City for development of a parcel within • Install street trees to frame the street the Downtown Area, the applicant shall and provide shade. meet with City Staff to present the proposed development. City staff shall review the development with all relevant ordinances • Provide street lighting that meets all and ensure compatibility with the Downtown safety standards and design criteria, Area intent, Master Plan and Development while creating a unique character for this Guidelines for the Downtown Area. district. 2. A sketch plan shall be prepared in • Explore street light spacing, height and accordance with the regulations of this a variety of fixture type that would Chapter and the applicant shall submit the support proposed mix of uses and plan to the Zoning Administrator for review activities. and comment, to ensure compliance with the Downtown Area Master Plan and • Explore a range of options for Development Guidelines, the Downtown streetscape improvements including Area and other City codes and regulations. January 4, 2006 Page 30 of 34 176 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 3. The Planning Commission shall review 1.C. Grading and Drainage Plan. The the sketch plan for its consistency with the grading and drainage plan shall be drawn at Downtown Area Master Plan and a scale of one inch equals 50 feet, 100 feet Development Guidelines and make a or 200 feet and shall contain the following recommendation to the City Council as to information: the appropriateness of the sketch plan. aa. Existing and proposed, grades with a 4. The sketch plan shall be scheduled for a minimum of two foot contour intervals to a Council meeting within 30 days after the known sea level datum; submittal of the Planning and Zoning bb. Sufficient spot elevations on all Commissions recommendation. proposed hard surface areas; 5. The City Council shall approve, postpone, cc. Estimated runoff of the area based on or disapprove the sketch plan. 10 and 100 year storm events; . Preliminary Plat and Site Plan dd. Provisions to carry runoff to the nearest 1. Requirements for Preliminary Plans adequate outlet, such as storm drain, 1.A. Preliminary Site Plan. The preliminary natural drainage way, or street; site plan shall be drawn at a scale of one ee. Location of proposed ponding areas, inch equals 50 feet, 100 feet, or 200 feet. indicating the size and depth of the pond The submission may be composed of one and amount of acre feet of water to be or more sheets and drawings and shall stored; include: ff. Finished floor elevations of all buildings; aa. Location of all proposed buildings and gg. Identify soils by type and location, their proposed uses; including identification of the water table, bb. Location of driveways and parking areas and suitability of soil for the proposed (all driveways and parking areas must development; and include curbing); hh. Identify any areas located in a flood cc. Indicate front, side and rear yard hazard zone as identified by FEMA. setbacks proposed; 1.D. Topographic Map. The topographic dd. Indicate square footage and dimensions map shall be drawn at a scale of one inch of all proposed lots; and; equals 100 feet and shall contain the ee. Location of all easements, width and following information: purpose. aa. One foot contour intervals; 1.13. Landscape Plan. The landscape plan bb. Indicate water courses, rock shall be prepared at a scale of one inch outcroppings, and other significant land equals 50 feet and shall contain the features; and following information: cc. Use U.S. Geological Service datum for aa. Indicate areas for berming and sodding; mapping. bb. Indicate the location of proposed 1.E. Floor Plans and Elevations. All floor plantings, identify plant materials; plans and elevations shall be drawn to a cc. Indicate any existing vegetation; and legible scale and include the following information: dd. Indicate any trees to be removed. January 4, 2006 Page 31 of 34 177 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 aa. Floor plans indicating square footage the public hearing, the Planning and dimensions of all proposed rooms and Commission shall submit in writing to the areas within the structures; and City Council its recommendation as to the bb. Elevations of the proposed building(s), appropriateness of the Preliminary Plat and identifying exterior treatment, materials to Site Plan in relation to the Downtown Area be used, and paint color. Master Plan and Development Guidelines. 1.F. Preliminary Plat. If a Subdivision is 2.G. The Preliminary Plat and Site Plan required, the preliminary plat shall be shall be scheduled for a Council meeting prepared in accordance with the Centerville within 30 days after the submittal of the Code. Planning Commission meeting. 2. Preliminary Plat and Site Plan Review 2.H. The City Council shall approve, Process. postpone, or disapprove the Preliminary Plat and Site Plan. 2.A. Pre-meeting with City Staff. Prior to c. Final Plat and Site Plan making an official application to the City, the applicant shall meet with City Staff. City 1. Requirements for Final Plan: Final Site staff shall review the development with all Plan. The final site plan shall be prepared at relevant ordinances and ensure a scale of one inch equals 50 feet, 100 feet compatibility with the Downtown Area or 200 feet, and shall contain the following Master Plan and Development Guidelines. information: 2.13. A Preliminary Plat and Site Plan shall aa. Location of proposed structures; be prepared in accordance with the bb. Location of proposed driveways and regulations of this Chapter and shall submit parking areas (all driveways and parking the plan to the Zoning Administrator 30 days must have curbing); prior to the public hearing. 2.C. The Preliminary Plat and Site Plan cc. Indicate front, rear and side yard shall be submitted to the City staff for review setbacks. and comment, to ensure compliance with 2. Final Landscape Plan. The final other City codes and regulations. landscape plan shall be drawn at a scale of 2.D. The Planning Commission shall hold a one inch equals 50 feet and shall contain public hearing on the Preliminary Plat and the following information: Site Plan. The notice for public hearing shall aa. Plant types (botanical and common be published in the official newspaper at names), number, location, and size; least ten days, but not more than 30 days, bb. Areas to be sodded; prior to the public hearing, at which time the item will be heard. Notices will also be sent cc. Indicate existing vegetation; and to property owners within 350 feet of the dd.lndicate trees to be removed. subject property. 2.E. A written evaluation from the City staff 3. Final Grading and Drainage Plan. The grading and drainage plan shall be drawn at shall be forwarded to the Planning a scale of one inch equals 50 feet, 100 feet Commission and the applicant prior to the or 200 feet and shall contain the following public hearing. information: 2.F. The Planning Commission shall simultaneously hold a public hearing on the Preliminary Plat and Site Plan. Following January 4, 2006 Page 32 of 34 178 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 aa. Existing and proposed grades with a 1. The Final Plat and Site Plan shall be minimum of two foot contour intervals to a submitted to the City staff for review and known sea level datum; comment, to ensure compliance with the bb. Sufficient spot elevations on all Preliminary Plan, Site Plan and other City proposed hard surface areas; codes and regulations. cc. Estimated runoff of the area based on 2. The Final Plat and Site Plan shall be 10 and 100 year storm events; submitted to the Planning & Zoning Board for its review and comment. The Downtown dd. Provisions to carry runoff to the regional Area Review Board shall review the stormwater pond; proposed project for its compatibility with ee. Amount of acre feet of water to be the Preliminary Plat, Site Plan, Downtown Area Master Plan and Development stored in regional pond; Guidelines and make a recommendation to ff. Finish floor elevations of all buildings; the City Council regarding the proposed gg. Identify soils by type and location, Final Plat and Final Site Plan. The City including identification of the water table, Council shall approve, postpone, or and suitability of soil for the proposed disapprove the Final Plat and Site Plan development; and based on its appropriateness and conformance with the Preliminary Plat and hh. Identify any areas located in a flood Site Plan and the Downtown Area Master hazard zone as identified by FEMA. Plan and Development Guidelines. 4. Floor Plans and Elevations. All floor plans 3. Major Changes. If the applicant proposes and elevations shall be drawn to a legible major changes in the final site plan that are scale and shall include the following inconsistent with the preliminary site plan, information: these changes can only be made by re- aa. Floor plans indicating square footage submission of a new preliminary site plan and dimensions of all proposed rooms; and and rezoning application to the Zoning Administrator, and re-scheduling of a new bb. Elevations of the proposed building(s), public hearing before the Planning identifying exterior treatment, material(s), Commission and review again by the and paint color. Council. The following constitute major 5. Final Plat. If a Subdivision is required, the changes: final plat shall be prepared in accordance aa. Increase in density; with the Centerville Code. With the final plans, the developer shall submit, for bb. Change in architectural design or style; approval by the City, a development cc. Change in type of ownership, private, schedule for construction of all structures, condominium, or rental; open space, and recreational facilities. dd. Change of more than 10% in total floor 2. Final Plat and Site Plan Review area; Process Upon approval of the Preliminary Plat and Site Plan, a Final Plat and Site ee. Increase in height of any building; Plan shall be prepared in accordance with ff. Major modification in the landscape plan; the regulations of this Chapter and submit it gg Reduction in the proposed open space; to the Zoning Administrator 30 days prior to the public hearing. hh. Change in the development schedule; January 4, 2006 Page 33 of 34 179 yyDowntown Cen#erv � I � aster Plan eelm - ,yo VI 1 ii. Change in the road location or standards; and jj. Any changes determined to be major by the Council. 4. Minor Changes. The Council may, in its discretion, permit minor deviations from the preliminary site plan which do not change the concept or intent of the proposed development as previously approved. 5. Denial. The Council shall deny any application if it finds the final plans do not substantially conform to the preliminary plat and site plan as previously approved by the Council as well as the Downtown Area Master Plan and Development Guidelines. If the final plans are subsequently modified to conform to the approved preliminary plan, the applicant may resubmit said final plans to the Council for approval. 6. No development shall occur nor shall any building permits be issued for any construction that is not in accord with the approved final plans. January 4, 2006 Page 34 of 34 180