The URL can be used to link to this page

2014-02-03 CC Agenda PacketA. IbErty� ij E Mayor and Council Request for Action January 16, 2014 SUBJECT: PLANNING — HUNTERS PASS ESTATES 2-"D ADDITION PRELIMINARY PLAT, FINAL PLAT, AND PUD AMENDMENT RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: • Adopt Resolution No. 2014-0005 approving the Preliminary Plat, Final Plat, and Planned Unit Development amendment for Hunters Pass Estates 2nd Addition, Phase II. • Adopt Resolution No. 2014-006 Vacating All Easements Within Outlot C of Hunters Pass Estates within the City of Albertville BACKGROUND: Tollberg Homes is requesting Preliminary Plat, Final Plat, and PUD amendment approval of Hunters Pass Estates 2nd Addition, Phase II of the Hunters Pass Estates PUD. The PUD was originally approved in 2005, but approval of the plat has since expired and Tollberg Homes is proposing updates to the original plat which require City approval. The entire Hunters Pass Estates development consists of 95 single family lots on 76.6 acres of land in the northeast corner of Albertville. Sixty-three single family lots were developed in Phase I of the development, and Tollberg Homes is proposing to develop an additional 12 lots. Plat and PUD approval of the Hunters Pass Estates subdivision in 2005 permitted reduced lot areas and setbacks to allow for implementation of a coved subdivision design and increased protection of wetland areas. Phase II generally adheres to standards approved with the original plat, but requests reduced rear yard setbacks in order to implement a wetland buffer zone exterior to plat parcels, as recommended by the City Engineer. The preliminary plat, final plat and PUD amendment for Hunters Pass Estates 2nd Addition were brought before the Planning Commission for consideration at their January 14, 2014 meeting. The Planning Commission recommended approval of the plats and PUD amendment based on conditions provided in the planning report dated January 9, 2014. In addition, they requested that lot setbacks listed in Exhibit F of the planning report be established as required setbacks for the development, and indicated that meeting City Engineer conditions provided in the engineering memo dated January 7, 2014 be an additional condition of approval. Exhibit F "Hunters Pass 2nd Addition — Phase II: Minimum Lot Setback Summary" and the described engineering report have been attached for reference. POLICYIPRACTICES CONSIDERATIONS: The low -density single-family residential land use of the Hunters Pass neighborhood is consistent with the Albertville long range land use plan and the policies of the City's 2012 Vision Study. The Hunters Pass Second addition is consistent with the preliminary plat approved in 2005, this addition will complement the existing Hunters Pass neighborhood approval. M:1Public DatalCity CouncillCouncil Packet information12014102031412014-02-03 Hunters Pass Estates 2nd Addition RCA.doc Meeting Date: February 3, 2014 Agenda Page 22 Mayor and Council Request for Action — February 3, 2014 Hunters Pass 2nd Addition — Phase II Page 2 of 2 FINANCIAL CONSIDERATIONS: None. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City Council has the authority to approve or deny the requested preliminary and final plats. Responsible Person/Department: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PwD Attachments: January 14 Planning Report with Exhibits Development Agreement Resolution No. 2014-005 Resolution No. 2014-006 M:1Pub1ic DatalCity CouncillCouncil Packet information12014102031412014-02-03 Hunters Pass Estates 2nd Addition RCA.doc Meeting Date: February 3, 2014 Agenda Page 23 480 0 o i Meg on iiHighway, Suit 20.2,, Golden liI � �� Iepho: 763.231.2555 Fi i!Ie63.2 1.2561 ter. n, r�s@'I. n g n-h To: Adam Nafstad, City Administrator FROM: Michelle Barness/Alan B rixius DATE: January 9, 2014 RE : Albertville — Hunters Pass Estates 2nd Addition — Phase 11 FI LE : 163.06 — 13.13 BACKGROUND Tollberg Homes has submitted an application for Preliminary and Final Plat approval of Hunters Pass Estates 2nd Addition, Phase II of the Hunters Pass Estates PUD. Plat approval for Hunters Pass Estates was originally attained by the Minnesota Development Agency, LLC in 2005. Approval of the plat has since expired and Tollberg Homes is proposing some updates to the original plat, so that additional review and approval by the City is required. The entire Hunters Pass Estates development consists of 96 single family lots on 76.6 acres of land in the northeast corner of Albertville. Sixty- three single family lots were developed in Phase I of the development, and Tollberg Homes is now proposing to develop an additional 12 lots. The site is located to the west of Phase I of Hunters Pass Estates, and is bounded on the north by 70t" Street, on the south by Hunters Lake and on the west by the Towne Lakes development. The site is zoned R-11A (PUD), and is located within the Shoreland overlay District of Hunters Lake. The Hunters Pass Estates subdivision is based on a concept known as "coving." Coved subdivisions utilize curvilinear street patterns and varied front yard setbacks as a means of providing more visual open space and unique streetscape appearance. Protection of wetland areas associated with Hunters Lake is also a priority for the subdivision, and impacts how the development approaches side and rear setback, lot area, lot width, street right-of-way width, and street width requirements. To facilitate the coved design, the subdivision received City approval of a PUD to grant flexibility in lot area, width and setbacks. VA Agenda Page 24 Attached for reference: Exhibit A: Preliminary Plat Modification Exhibit B: Phasing Plan Exhibit C: Site Location Map Exhibit D: Development Plan Exhibit E: Final Plat Exhibit F: Setback Worksheet Exhibit G: City Engineer Memo dated January 7, 2014 ISSUES ANALYSIS Existing Conditions. The site is located in the northwest corner of Albertville. Hunters Lake isolates this site from the remainder of the City. Phase I of the Hunters Pass Estates development has already been completed, including construction of the internal road system. The current proposal for Phase II of development is implementing what was approved with the original plat, with small revisions as described further on in the report. Hunters Pass Estates Phase II consists of 21 acres of land, including significant wetland areas. The western portion of the site, adjacent to Towne Lakes 5th Addition, will be developed at a later date. Comprehensive Plan. The Comprehensive Plan designates the site for Low Density Residential Development, of which the proposed development is consistent. The applicant is proposing a single family subdivision utilizing a "cooing" design that integrates with the site's natural features. The design will require flexibility from the R- 1 A District lot area, lot width, and setback standards. The Planning Commission and City Council must make a determination as to whether the amenities received in doing a development of this design warrant the requested PUD flexibilities. Shoreland Regulations. With approval of the Hunters Pass Estates subdivision in 2005, the City also granted approval of a requested Conditional Use Permit Planned Unit Development for the site. The City chose to pursue the shoreland provision for planned unit developments (Section 4908.75) and processed the application as a standard PUDICUP. This allowed for flexibility in lot width, lot sizes, setbacks, etc., subject to the following site and design criteria: (Section 4908.75) A. Minimum project areas shall be as follows: Residential: Ten (10) acres B. The total density of the site shall not exceed that which is permitted by the underlying zoning. C. Individual lot coverage by impervious surfaces shall not exceed thirty percent (30%). D. At least fifty percent (50%) of the project area shall be preserved as open space, public or private. Open space shall meet all the requirements of section 4908.62 of this chapter and shall not include roads, sidewalks, parking areas or building footprint areas. At least one-half (1/2)of the preserved open space required by this 8 Agenda Page 25 chapter must be in tier 1 of the shoreland area defined in section 4908.41 of this chapter. E. Density may be transferred among the tiers and/or structure and parking setbacks may be reduced to a minimum of seventy five feet (75') from the ordinary high water level; provided, that all of the following mitigating measures are completed: 1. A natural undisturbed vegetative buffer at least thirty feet (30') in width is maintained adjacent to the wetlandlwater's edge of oHW, whichever extends further landward. 2. A planting plan be designed and implemented that enhances or restores the natural buffer with a combination of grasses, shrubs, and trees appropriate to complement the natural habitat. 3. Permanent markers shall be installed and maintained indicating the buffer edge along the entire shoreland boundary. 4. A homeowners' association document shall be created and recorded that includes provisions for maintenance of the shoreland markers, prohibits the use of fertilizers containing phosphorous in rear yards, and that provides a mandatory penalty for violations of the homeowners' association and provisions of this chapter. Promect Area and open Space Coverage. The 2nd Addition project area is 21 acres total, and will consist of 12 single family lots, outlot A, and outlot B. Though only a portion of that area is currently proposed for development, the proposed subdivision in its entirety appears to meet the minimum project area requirement of 10 acres. Wetlands and buffers are open space, protected as outlots and easements over the entire plat. More than 50% of the entire plat (including the 1st, 2"d, and 3rd Additions) will be preserved as permanent open space. The individual lot coverage by impervious surface requirement shall be met upon completion of construction of homes on lots. Wetland Buffer. How the project addresses the required wetland buffer has changed from Phase I of development. The City Engineer is recommending that lots in Blocks 2 and 3 of Hunters Pass Estates Phase II be reduced in size from that approved with the original plat, to allow space for the required 20 foot wetland buffer area to be external to lots and within outlot A. The goal here is to increase the likelihood of the buffer being protected and maintained overtime. Lots in Hunters Pass Estates Phase I contain an easement for wetland buffer areas interior to lots. However, the City has experienced difficulty in enforcing the protection of these buffer areas, due to the fact that the location within lots is difficult to determine over time as locational signs are removed, and the buffer itself is mowed by residents who do not wish to maintain it. The designation of the required wetland buffer area to outlot A in the current proposal means that mowing or removal of the buffer becomes a trespass issue, which is more enforceable by the City. The applicant is requesting that the City permit reduced lot size, reduced rear setbacks, and small adjustments to house pad locations from that approved with the original plat in order to implement the wetland buffer in outlot A. Exhibit A "Preliminary Plat Modification" demonstrates lot areas approved in the original plat, in addition to reduced lot areas currently being proposed. In addition, Exhibit F details front, side and rear setbacks for Phase II lots. 9 Agenda Page 26 Zoning. The site is zoned R-11A (PUD), and is located within the Shoreland Overlay District of Hunters Lake. Hunters Lake is designated as a Natural Environment Lake. The following setback and lot standards are applicable to developments within the R1 - A, PUD and Shoreland Management Overlay District: R-1A District Requirement PUD Proposed Minimum Lot Area 15,000 square feet 87220 — 147510 Average 10,725 Minimum Lot Width (Interior) 100 feet 51 - 93 feet Minimum Lot Width (Corner) 120 feet NIA Front Setback 30 feet 30 - 58 feet Side (Interior) Setback 10 feet 10 feet (house side) 5 feet (garage side) ** Side (Corner) Setback 30 feet 30 feet Rear Principal Setback 25 feet 10 — 30 feet *** Rear Accessory Setback 10 feet Shall meet requirement Maximum Building Height 35 feet Shall meet requirement Maximum Building Lot Coverage 25% Shall meet requirement Maximum Units per Acre 2.9 units per acre 4.1 units per acre Shoreland overlay District (PUD) Structure Setback from OHWL 75 feet Minimum 80 feet Lot Coverage by Impervious Surface Maximum 30% Shall meet requirement Project Area open Space Coverage Minimum 50% Shall meet requirement Wetland Buffer 30 feet Shall meet requirement *As measured from the adjusted front yard setback **Planned unit developments as outlined in subsection 4908.78E, may have reduced structure setbacks when mitigating measures are completed. Hunters Pass Estates PUD approval allowed for reduced side, front and rear setbacks, as described in the report. ***10 foot rear yard setback shall apply only to Lots 1 — 4 Block 3, and Lots 1 — 2 Block 2, of Hunters Pass Estates 2 nd Addition. Plat and PUD approval of the Hunters Pass Estates subdivision in 2005 allowed for reduced lot areas and setbacks to allow for implementation of the coved subdivision design and increased protection of wetland areas. Approval at that time permitted side yard setbacks of 5 feet on the garage side and 10 feet on the living space side (interior lots), 30 foot side yard setbacks on corners, front yard setbacks of a minimum of 30 feet variably to larger setbacks, and rear setbacks of a minimum of 30 feet. As demonstrated in Exhibit F, setbacks for Hunters Pass Estates Phase II lots coincide with setbacks approved in the original plat, with the exception of rear setbacks. Upon recommendation from the City Engineer, lots in Blocks 2 and 3 have been reduced in size to provide for a wetland buffer area exterior to subdivided parcels. This reduction in rear setbacks is tied to a reduction in rear lot depth on wetland lots. To allow for a wetland buffer area external to lots, the rear property lines on wetland lots have been moved in 20 feet, resulting in a reduced rear yard. With a minimum 10 foot rear setback and a 20 foot wetland buffer external to lots, require homes to be placed at least 30 feet from the wetland boundary. This is the same wetland setback required in Phase I, however it is attained by allowing reduced rear setbacks within lots, which provides for a protected wetland buffer area external to lots. With the final plat, the applicant shall 10 Agenda Page 27 provide a table outlining the required setbacks for each lot in Hunters Pass Estates 2nd Addition. The final recommended PUD setbacks are outlined in Exhibit F. All homes shall be designed to allow decks and porches to fit within the required adopted building setbacks. This provision shall be included within the Hunters Pass Estates Architectural Guidelines and PUD Agreement. Lot Design. Low Floor Elevation. Low floor elevations for parcels on lakes must be a minimum of three feet above the Ordinary High Water Level (OHWL). The OHWL for Hunters Lake is 947.3, in which case the minimum low floor elevation is 950.3 feet. All building pads in the proposed development must maintain the described minimum floor elevation. Steep Slopes. The site contains areas of steep slopes exceeding a 12% grade, particularly in lots abutting Hunters Lake. The City Engineer must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of roads, driveways, structures, or their improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. The applicant must adhere to any recommendations the City Engineer makes in these regards. Circulation/Access/Street Design. The applicants are proposing to extend 69th Street Circle NE from the existing Hunters Pass Estates subdivision into the proposed subdivision expansion. The street will culminate in a cul-de-sac. No additional access to 70th Street is proposed, but residents will yain access via Lasalle Circle, which 69th connects with both 69 Street Circle and 70Street. The applicants are proposing to construct the 69th Street Circle extension to match right of way width and curb to curb width as previously approved for the street in Phase I of development (50 feet right of way, and 28 feet curb to curb). The final street design is subject to the review and approval of the City Engineer. Grading and Drainage. The applicant has submitted grading, drainage, and utility plans which are subject to the review and approval of the City Engineer. Wetland Mitigation. The applicant has delineated the wetlands on the site. Proposed lots are located outside of the existing wetland boundary, and wetland areas have been designated as outlot A, which will be maintained as a permanent drainage and utility easement. The applicant shall install signs along the side and rear property lines of the 2nd Addition demarking the edge of the wetland buffer. The sign design and sign locations shall be subject to the approval of the City Engineer. Landscaping. The applicant has not provided a landscaping plan. The Zoning Ordinance requires that one shade or evergreen tree be planted per residential lot, which will be required as part of the development agreement. Additionally, all lots backing onto 70th Street must contain a minimum 20 foot in depth vegetative buffer 11 Agenda Page 28 consisting of staggered planting that meet the City's screening requirements. This is of particular importance given the expectation of the City that traffic volumes on this road will continue to increase in the future. The applicant shall submit a landscape plan indicating the location of the described buffer planting. The planting plan for Phase II should otherwise adhere to the landscape plan submitted and approved with the final plat for the Hunters Pass Estates PUD in 2005. Park Dedication. According to ordinance Section 1 1 -7-8-2 of City Code, the applicant is required to dedicate to the City for park, playground, and public open space purposes a minimum amount of land or cash, or a combination of the two. Phase I park land dedication was accomplished with the creation of a park on the north portion of Hunters Pass Estates, just south of 70t" Street. A cash dedication of $3,300 per single family lot will be required for Phase II of development. The applicant has requested to pay the park dedication fees at time of building permit. In discussion with City staff, we cannot recommend this payment option. To provide some up front relief, we can recommend a staged payment of the park dedication under the following terms: The applicant shall pay the park dedication in increments of four lots. The first payment shall be collected with the recording of the final plat. Subsequent payments shall occur prior to building out of the fourth lot. 2. No transfer of title or issuance for building permit shall occur for lots that have not paid park dedication. 3. The letter of credit shall secure payment of outstanding park dedication. 4. These terms and arrangements shall be incorporated into the Hunters Pass 2nd Addition PUD development agreement. Homeowners Association. All property owners in the Hunters Pass Estates 1st Addition are part of the Hunters Pass Estates Homeowners Association (HOA). The HOA adopted a set of architectural guidelines to guide Phase 1 lot and subdivision design. Phase I I of development must follow architectural guidelines provided in Phase I of development, and all Hunters Pass Estates 2nd Addition homeowners must join and adhere to standards provided by the Hunters Pass Estates HOA. City Engineer Comments. The City Engineer has reviewed the Preliminary and Final Plat and offers recommendations in the January 7, 2014 memo (Exhibit G). The recommendations shall be incorporated into the plat approvals. 12 Agenda Page 29 RECOMMENDATION Upon review of the proposed Preliminary and Final Plat for Hunters Pass Estates 2nd Addition, it is staffs view that the proposed 12 single family lots are consistent with the intent of the comprehensive plan for the subject area. The Planning Commission and the City Council must determine if the requested flexibilities area acceptable. Staff recommends approval of the proposed plats subject to the following conditions: The applicant shall install and maintain wetland demarcation signage at the boundaries of the wetland buffer. The sign design and sign location shall be approved by the City Engineer. 2. The applicant shall provide a landscape plan illustrating a vegetative buffer planting along the northern border of the site, between Phase II lots and 70t" Street. In addition, one shade or evergreen tree must be planted per residential lot, which will be required as part of the development agreement. All other plantings shall adhere to the landscape plan approved with the final plat for the Hunters Pass Estates PUD in 2005. 3. Provide a park dedication fee totaling $3,300 per individual lot, to be paid in three installments per the conditions outlined in this report. 4. The applicant shall adhere to established architectural standards (design guidelines) for the Hunters Pass subdivision, as adopted by the Hunters Pass Estates Homeowners Association. The architectural guidelines shall be amended to stipulate that all decks and/or porches shall be designed to fit within the approved PUD building setbacks. 6. Following final plat approval, the entire plat shall be brought into the Hunters Pass Estates HoA at the time of recording, and the developer and Phase II homeowners shall adhere to the HoA declaration, bylaws, and rules, and any addendums to said standards. 6. The applicant is required to enter into a PUD agreement that demonstrates that Hunters Pass Estates Phase 11 will implement and adhere to all conditions provided in the original Hunters Pass Estates PUD agreement and the conditions of this report. 7. All homes must be constructed at least three feet above Hunters Lake's oHWL of 947.3, low floor elevation for all homes in the proposed development must be at 950.3 feet in elevation or higher. 8. The applicant shall comply with the recommendation of the January 7, 2014 City Engineer memo (attached as Exhibit G). 13 Agenda Page 30 c: Sue Schwalbe Kim Olson Paul Heins Mike Couri Scott Dahlke, Applicant's Engineer Nathan Jones, Tollberg Homes, 1428 5 " Avenue, Anoka, MN 55303 14 Agenda Page 31 EXHIBIT A 7. 6 �A TT FI. . ... ..... . *vmww"Oxatl ff D F,� A 'S iiiu wJ OR J'1�1.11./lklllAli IAy Im. OWL.OT qp, ns Ian au %,'pA 7......... -R4� wW&I . I. ....... J. %WMI I 42"S Sth Avenue: Mokim, MN 553,03 (7631)209-20N wwwAallboN Vg1vonm as-com, - 7171, Y�: OIP� IF li, A I.j rli A V) 1 1 A AJ-.- ......... A? .41 PIA J?"I, IS: M, J11"IT"C) 2 C,J Z IL ni'llid nu —111-r lb) llll%�' PB t , ar .iol�i"� ......... L co 7DAmt �z-� . .. .. . .............. .I ... ... ................ . -..........L. Wg, I.] io(j�";' III II H"(.J',N`TF,ffRS 1"AS"S, 11 Prelirrunary I. lat Sil-TE DESiK JN' 'E S T A: "1N ! M i � on o d If a SE>171 .0,..Nff Al,O) ¢m M';m P, 0, rro'v 7 F5 3 1 1 4 D 9 9 ---------------- .... ........ 0.1 Agend gage 32 al -P 9 EXHIBIT B 142, 0. St h Aweiiru a AnakeV 3D 3 MN 55, (7:63)205-2037' I wwwAtallberghomes.,com 1q: MaTIMIN, Id ...... ....... RDN. 7; 9m.j.r Omi m: 0p"M#q 1MOR- � 411AWA 00 �Pww. Aw660 w 081u-MAD.1moa vil.l LV"�,m",aa mm -mv, AI WYV Wll"Xm HM .rmffm""V, .r.&.ZMrdi E1itIII ,,i. I ..III .....--m,m RMFIVIIIIMIUMERYMIMMiffIMM)MI MAmmmmmrfmmffwwmm A A IJ pm,tam,"Ir am,,Ax I ic,• ar A o 'er wo ................... ... . ......... —Wamwi�a=da ........... RLIAaIAIhIfh�!!5 HIM . .............. . . I• ...............................I i .... ............. ........... S I Tr-,t' DE S. I G 1' lR,JN"'rE`,RS PASS 17111' S � I 111 i I I 11 A IT I Fin S Phasing Plan. Al' -`,� 0 Box 566 5536:2 Albeg.L tvi ill W %y C": P. YA ILA ji N Agendal page 33 .. .... . . ..... . . . . ........ . loth.. PA luffibl.. qT E A E L'O'll EJLNI.-kj PROJECT LOCATION PART OF SECTION 36, TOWNSHIP 121, RANGE 34, WRIGHT COUNTY, MINNESOTA. LOCATE EXISTING r 0 TH STREET N.E. TRACER WIRE _ RISER AND _ AREA TO BE EXTEND TOGRADED AT TIME OF -'` FINISH GRADE SILT FENCE STREET AND UTILITY , -J I IMPROVEMENTS !� Y� � t G I � - � � � � .r �• �...�.. .-.� .. - �.--.- �_.. _�..-_.-C,/'\T - �-T�.._ � 7 ti 3+00 �— g• r 6 - _ �•u ri' �- 95 D 6 POND I �f =� - - J LS 954.0 - �_ NWL-9,' gS� `- - - - •F i:5 �.� _ 5 � .0 �;O g'54•DE .' ,� ,� �t �� f .3 -' NWL=9� 2.o g gs 2.0 -� 3 TM. W 9 I 54.0 g Q g` _ T SILT FENCE i n j _ Qmo . EXISTING - I WETLAND 4 BOUNDARY R '; $¢.0 95�' I --------` --- - - _ - -0 E k i i c� 955.0 E - - - _ - _ .5 1 �s I 1�Elio- 956.0 1 9605 960 INSTALL ACCESSIBLE ;�. SILT CE - j' �;;� ` �~ gyp, _ _�962.5 ZI; 960 44 RAMP PER ADA �, ; I f ..y has}t: 1 (�5) (70�. 70 I REQUIREMENTS a SIL NCE44 $ - 65 9065 . 1 O 70 9 70 r_- 77- 2T 06 ?9+00 +oo EXISTING if ',r, 'j f' ~� 1 ��"" WETLAND ' `, `f�' , • C 950., 4 �, 95g BOUNDARY /{ " .� r B _E 9 �37� ��, - - _ �_- Ste._ _ - - ,� '� F � ! '� �-e� � �r-r�•r�! rs�-�-+mF � g�ea� rm �t ®� e� ® �! �. �� r�r ®� ®{eeI � a�1' � � �.. - �v_ _._._ I j -_ A r a� ryr hh7. �, .�.... --. _ - �� SILT FENCE tom, rI �r`� _ ...._.- ..-_ 9 (79) k (93) _ ` ' r ' r �• i 5 '960.1 f `' REMOVE EXISTING v� BARRICADE AND PRE f, 1 �� sp 1 f' ��`. r t� �t r}��7o - If' i SIGNAGE; RELOCATE ► > ; , , 3 ',- sa ;� p E l.I� - -E , PROJECT SIGNAGE C `�, 1l fig J � SITE TO LOCATION � � s0045` DIRECTED BY CWNE _.eC-� r-�. 1 � � f �� 1 � � � WEER SILT FENCE }5 [ \ . 4 ri . 96 {{ i �-� �. � , '''� r -_ 4}j - - f SETBACK DIMENSION (TYPIC, r 't`. j►ti . (56} — ,. f',' ..',. `11 ', , LOT DIMENSION (TYPICAL) 953.5 EXISTING WETLAND -__-___--_J ' BOUNDARY EXISTING WETLAND BOUNDARY - -� ORDIVAR Y HrGj� WATER ELEV �•� (g47_3)-- _ f�---__...._.__25.0........._ — — — — — ._---....-..-_.._....--25,G—T_ _ _ -Iv/L-.!L-/�� n NORTHWEST COi?NEY? OF R. SECTION121, » � � ��"��=�"�"�" n | �] oo9"x6'mr o �t: � 0 :2; o«o4'mr ~' ~^ `/ —~' '' �~'`.� �F . ~~~ °��0 -� /01 Lo -j co �l `^ �- ^�c wm ��'- .^r�� ~ ��' EXHIBIT F Hunters Pass 2"d Addition — Phase II Minimum Lot Setback Summary Minimum Front Setback Minimum Side Setback — House Side Minimum Side Setback — Garage Side Minimum Rear Setback Block 1 Lot 1 68 10 6 30 Lot 2 46 10 6 30 Lot 3 36 10 6 30 Lot 4 30 10 6 30 Lot 6 30 10 6 30 Lot 6 30 10 6 30 Block 2 Lot 1 30 10 6 10 Lot 2 30 10 6 10 Block 3 Lot 1 38 10 6 10 Lot 2 46 10 6 10 Lot 3 38 10 6 10 Lot 4 38 10 6 10 Agenda2$age 37 EXHIBIT G A.Ibertvi c Small " f"bu..0 n Living. frig ClAy Life. MEMORANDUM Date: January 7, 2014 To: Honorable Mayor and City Council Cc: Al Brixius - City Planner Michael Couri - City Attorney Scott Dahlke, Civil Engineering Site Design Tollberg Homes) From: Adam Nafstad, P.E., City Engineer Subj ect: Hunters Pass Estates — Second Addition Civil Plan Review I have reviewed the submitted plat and civil plan set for the above referenced project, prepared by Civil Engineering Site Design, and dated 11 / 12/ 13 . Civil plan improvements generally consist of the following: Municipal Improvements — Street and sidewalk construction of 69th Circle NE, rear -yard storm sewer construction, minor utility adjustments, and wetland demarcation. On- and off -Site Improvements — Minor grading, erosion and sediment control, and topsoil and turf restoration. Mass grading, utility installation, wetland mitigation and other related work was completed in 2006 in conjunction with the first addition. Based on the review of the plans, it is recommended that the plans be approved subject to the following conditions: 1. The Applicant secures the NPDES permit (storm water) and a wCA No loss/No Impact permit (wetlands) prior to commencing work. 2. All Improvements are constructed in accordance with the latest edition of CEAM's Standard Utility Specifications and Albertville City Standards. 3. Record drawings of all site improvements, as described by the City's As -Built Checklist, are required prior to release of surety. 4. Applicant shall submit a wetland demarcation signage plan for City review and shall install signage as directed by the City. 5. Street lighting, and private utility (electric, gas, phone) plans shall be submitted for review. 6. The storm sewerlforcemain crossing shall be insulated, as specified by the City. 7. The irrigation service lines in the cul-de-sac shall be repaired or replaced as required. 8. The proposed B612 curb for the cul-de-sac island shall be revised to 28-inch surmountable. 9. outlot A shall be deeded to the City. Please let me know if you have any questions. A].N,,rt i1b,.,,, 9 5959 Mb:u n. , 1(.1) 13o 9 A].N,,rtvi b,,, MN � 530 .. 763) 4.9 7-3384. Agenda2lpage 38 DRAFT DATED JANUARY 29, 2014 CITY OF ALBERTVILLE CONDITIONAL USE /PLANNED UNIT DEVELOPMENT AGREEMENT HUNTERS PASS ESTATES SECOND ADDITION THIS AGREEMENT, entered into this day Of February, 2014 by and between T011berg Homes, LLC, a Minnesota Limited Liability Company referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County Of Wright, State Of Minnesota, hereinafter referred to as "City"; wITNE S SE TH WHEREAS, Developer is the fee Owner and developer Of the real property described in Exhibit A. attached hereto and incorporated herein by reference, which real property is proposed to be subdivided and platted for development and which real property is subject to the provisions Of this Agreement; and WHEREAS, Developer is proposing to subdivide a portion Of Outlot C Of Hunters Pass Estates into 12 single-family residential lots and 2 Outlots, which are described On the attached Exhibit A. Said subdivision which is to be governed by this Agreement is intended to bear the name "Hunters Pass Estates Second Addition" and shall be hereinafter referred to in its entirety as "Said Plat" Or "Subject Property"; and WHEREAS, the City has given final approval Of Developer's plat Of Hunters Pass Estates Second Addition (attached hereto as Exhibit B) contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading, sanitary sewer, municipal water, storm sewer and drainage ponds [hereafter 1 Agenda Page 39 "Municipal Improvements") be installed to serve the Development, to be installed and financed by Developer; and WHEREAS, the City further requires that certain on- and off --site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street lights, street cleanup during project development, erosion control, landscaping, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of Said Plat and the conditions imposed thereon; and WHEREAS, the City and Developer's predecessor in title have previously entered into a Developer's Agreement titled "City of Albertville Conditional Use/ Planned Unit Development Agreement Hunters Pass Estates" dated August 12, 2005 and recorded as document number 984963 at the Wright County Recorder's Office ("Master Agreement") under which the City granted preliminary plat approval to the plan for the area covered by said Master Agreement; and WHEREAS, Said Plat is governed by the Master Agreement, except as may be explicitly modified herein; and WHEREAS, the City and Developer desire to supplement the Master Agreement with the site specific details applicable to Hunters Pass Estates Second Addition, as evidenced by the execution of this Agreement; and WHEREAS, the City and Developer desire to have this Agreement and the Master Agreement read together as if the entire Master Agreement were recited herein, with any conflicts between the two documents being resolved in favor of the language set forth in this document; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Preliminary Plat Master Agreement. A. That certain Developer's Agreement entitled "City of Albertville Conditional Use/ Planned Unit Development Agreement Hunters Pass Estates" ("Master Agreement") between Hunters Development, LLC 2 Agenda Page 40 and the City of Albertville, dated August 12, 2005 and recorded in the Wright County Recorder's office as document number 984963 along with any recorded amendments is hereby incorporated herein the same as if the text of said Agreement were contained within this document. B. It is the intent of the parties that this Developer's Agreement ("Developer's Agreement") supplement the Master Agreement as to the specific development issues related to Hunters Pass Estates Second Addition, and that these two documents be read together to determine the rights and obligations of the parties with respect to the property contained within the Hunters Pass Estates Second Addition. In the event of a conflict between the terms of the Master Agreement and this Developer's Agreement, the terms of this Developer's Agreement shall control with respect to any conflicting issues within Hunters Pass Estates Second Addition, but any such conflicts shall not alter the terms of the Master Agreement as they apply to other plats, now existing or to be platted in the future, within the remaining land area subject to the Master Agreement. 2. Planned Unit Development. The Development is hereby allowed to be developed as a Planned Unit Development with flexibility from the strict requirements of the City's Shoreline Regulations and Zoning ordinance in relation to selected items detailed in this paragraph. A. Developer agrees that setbacks shall be consistent with the templates provided by Developer, which are attached hereto as Exhibit C. B . All lots within the plat shall be subject to the Master Homeowners' Association as currently established for Hunters Pass Estates entitled "Amended And Restated Declaration For Hunters Pass Estates" and recorded in the Wright County Recorder's office as document number A1057150. The Developer shall file covenant documents subjecting all lots within the plat to the terms and conditions of the Master Homeowners' Association, subject to review and approval by the City Attorney, which shall be recorded on the property records of the lots. Said covenant documents shall be recorded at the Wright County Recorder's office with the final plat. In addition, the documents placing all lots in Said Plat under the terms of the Master Homeowners' Association shall also require all lots in Said Plat to 1) maintain shoreland and wetland markers, and 2) prohibit the use of fertilizers containing phosphorous in rear yards, and 3) provide a mandatory penalty for violations of the applicable Homeowners' Association documents. 3 Agenda Page 41 C. Developer shall install trees, shrubs, berms and screening as shown on the landscape plan attached as Exhibit D and as shown on the landscape plan attached to the Master Agreement as that plan affects the property on Said Plat. The Developer shall guarantee that all new trees and shrubs shall survive for two full years from the time planting has been completed or will be replaced at the expense of the Developer. D. Developer shall require as a condition of sale of any lots within Said Plat that purchasers plant at least one shade or evergreen tree to be planted within the residential lot. E. Developer shall install and maintain wetland demarcation signage at the boundaries of the wetland buffer. The sign design and sign locations shall be approved by the City Engineer. F. All buildings constructed on Said Plat shall adhere to established architectural standards (design guidelines) for the Hunters Pass subdivision, as adopted by the Hunters Pass Estates Homeowners Association. All decks and/or porches shall be designed to fit within the approved building setbacks set out in this Agreement. G. All buildings constructed on Said Plat must be constructed at least three feet above Hunters Lake's ordinary high water level of 947.3 feet above sea level. The lowest floor elevation for all homes in the proposed development must be at an elevation of at least 950.3 feet above sea level or higher. H. Developer shall deed outlot A of Said Plat to the City of Albertville upon the recording of the final plat. 3. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Hunters Pass Estates Second Addition, as prepared by Civil Engineering Site Design dated 2013 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, sidewalks, water mains, sanitary and storm sewers, storm water ponding and site grading, and trails. All such improvements shall be constructed according to the standards adopted 4 Agenda Page 42 by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2014, except that the wear course of bituminous pavement may be installed anytime before September 15, 2015. B. The Developer shall provide the City with record drawings for all Municipal Improvements, consistent with City requirements and subject to review and approval of the City Engineer. Record drawings shall be certified by a registered land surveyor or engineer that all ponds, swales, emergency overflows, and Municipal Improvements have been constructed on public easements. C. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. Acceptance shall be by City Council motion or resolution. D. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety after providing Developer with 30 days written notice and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. E. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. F. The Developer shall construct an extension of 69th Street Circle NE from the existing Hunters Pass Estates subdivision into the proposed subdivision expansion, terminating in a cul-de-sac in a location acceptable to the City Engineer. Prior to constructing the extension of 69th Street Circle NE, Developer shall submit plans and specifications for said extension to the City Engineer for his approval. 5 Agenda Page 43 4. Construction of on- and off --Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of paved streets, curb and gutter, boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, landscaping, grading control per lot, bituminous or concrete driveways, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance, this Agreement and the Master Agreement. Front, side and portions of the back yards of residential lots shall be sodded in accordance with the Residential Development Standards as on file with the City Administrator's office. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Said on- and off -site improvements shall be installed no later than October 31, 2015, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat, and except that the driveways and sod need not be installed in a lot until that lot is developed (provided adequate ground cover has been established prior to the development of such lot). B. Developer shall, at its own expense, be responsible to ensure following items are installed within the development, all such items to be installed under ground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Wright -Hennepin or other such carrier; ii. Natural gas supply, to be provided by Center Point Energy or other such carrier; iii. Telephone service, to be provided by Century Link Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; 6 Agenda Page 44 In addition, the Developer shall, at its own expense, cause streetlights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. The Developer shall be responsible for streetlight operational expense until such time as the City accepts the Municipal Improvements. C. Developer shall maintain erosion control measures in accordance with MPCA's Best Management Practices along the back of all curbing within 7 days after said curbing is installed, or after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales or a rock surface acceptable to the City Engineer for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. As an alternative to installing silt fencing in back of all curbing as required by this subparagraph, Developer may, at its expense, install sod no less than three feet in width in back of all curbing, provided that if, in the judgment of the City Engineer, the installation of silt fencing in one or more places is needed, the Developer shall install such silt fencing at its expense upon request by the City Engineer. D. Notwithstanding the requirements of subparagraphs 2C, 2D and 4A above and except as otherwise provided in this Agreement, the Developer shall be responsible to ensure that the on- and off --site improvements are installed to the City's satisfaction for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a certificate of o ccup ancy shall be issued with the requirement that the Developer be required to install said on -and off --site items for such lot by the following June 3 0th. E. Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit E. Said ponds and basins shall be dedicated to the City, and Developer shall provide the City with 7 Agenda Page 45 perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the installation of utilities 5. Intended Use of Subdivision Lots. It is the Developer's and City's intent that a total of 12 single family units be constructed on Said Plat, with one single family home on each lot as well as any accessory structures permitted under the City's zoning ordinance, this Agreement or the Master Agreement. 6. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $ representing the sum of 100% of the estimated cost of the Municipal Improvements ($), 50% of the on and off -site improvements ($), and 150% of the estimated cost for landscaping/screening materials ($) and $1,500 per acre for erosion control. Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank (the issuing bank must be an FDIC insured bank located within 100 miles of the City of Albertville), and must be available in its entirety to fulfill the obligations of the Developer under this Agreement. The letter of credit to the City shall contain language requiring its automatic renewal prior to December 31 of each calendar year, unless cancellation of the letter of credit is specifically approved in writing by the City. B. The City may draw on said letter of credit or surety after required written notice to complete work not performed by Developer (including but not limited to on- and off -site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this Agreement. Said letter of credit must be maintained by Developer at all times at the level provided in paragraph 6A above or a lesser amount authorized by the City Council pursuant to paragraph 7B below. 8 Agenda Page 46 C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D . Developer hereby agrees to allow the City to specially assess Developer's property for any and all reasonable costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the city. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. G. In the event the Developer files bankruptcy or in the event a bankruptcy proceeding is filed against Developer by others and is not dismissed within 60 days, or in the event a court appoints a receiver for the Developer, the City may draw on its letter of credit or surety in its full amount to secure its surety position. The City shall then release 9 Agenda Page 47 the remainder of said letter of credit or surety to the bankruptcy court or receiver in the same manner that it would be required to release the letter of credit under this Agreement. 7. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements and/or on- and off --site Improvements, and/or landscaping improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements and on- and off --site improvements and landscaping improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. when all or a portion of the Municipal Improvements or the on - and off --site improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 1 0% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. Developer may substitute a warranty bond acceptable to the City Attorney for the warranty letter of credit in the same amounts and duration as required for the warranty letter of credit. iii. when all or a portion of the landscaping improvements have been installed pursuant to the Landscaping Plat attached as Exhibit D. the letter of credit or surety may be reduced by the dollar amount attributable to that portion of such landscaping improvements installed, except the City shall retain the letter of 10 Agenda Page 48 credit or surety in the amount of 2 5 % of the estimated Landscaping Improvement costs for two years from the time of the installation of said landscaping materials. iii. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 8. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the said Plat, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 9. Developer to Pay City`s Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said 11 Agenda Page 49 surety and/or assess the amount owed against any or all of Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 10. Sanitary Sewer and water Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance currently requires the Developer to pay $2,055.00 per acre and $1,925.00 per acre respectively, upon development of said Plat. There are acres in said Plat to which the Trunk Charges apply, which received final plat approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for the numbered receiving final plat approval are $ ($ in sanitary sewer trunk line fees calculated as $2,055.00 x acres and $ in water fees calculated as $1,925.00 x acres). 11. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan attached as Exhibit E shall be strictly complied with. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 12. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Said Plat may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 13. Maintain Public Property Dammed or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage or repairs which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the construction activity which takes place during the development of Said Plat, including the initial construction of homes on the lots. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or 12 Agenda Page 50 cluttered with debris when occurring as a direct or indirect result of said construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorneys fees incurred by the City as a result of such legal action. 14. Temporary Easement Rights. Developer shall provide access to Said Plat at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 15. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B . If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its 13 Agenda Page 51 contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. 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 Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. F. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on Said Plat, Developer shall provide the City with evidence of good and marketable title to all of Said Plat. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. I. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. J. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota for the construction of the Municipal Improvements and the On- and Off --Site Improvements. 14 Agenda Page 52 1 6. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 1 6(A) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 1 6A of this section shall not apply to any acts or rights of the City under the preceding paragraph 6F, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 15 Agenda Page 53 17. Dedications to the City. A. Municipal Improvement Dedications. The Developer, upon presentation to the City of evidence of good and marketable title to Said Plat, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all roads, road and trail right-of-ways, sidewalks, curbs, drainage and utility easements, gutters, ponds, sewers and water mains to the City. Upon acceptance of dedication, Developer shall provide to the City "As-Builts" of all sewers, water mains. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park, Trail and outlot Dedications. i. Developer agrees that the City's Code currently requires that the Developer to pay $3,300 per single-family lot to the City upon development of Said Plat. There are 12 single-family lots within Said Plat. Therefore, the park dedication fees for the development of Said Plat is $39,600 (12 single-family lots x $31300). ii. Developer shall deed outlot A to the City. 18. Administrative Fee. A fee for City administration of this project shall be paid prior to the City executing the Plat and this Agreement. Said fee shall be 3.5% of the estimated construction costs of the Municipal Improvements within the Plat. The administrative fee for this Plat is $ 19. Phased Development. As said Plat is a phase of a multi -phased preliminary plat, Developer agrees that the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until the City approves Development Contracts for such phases. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. The Master Agreement, the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances shall govern all future Development phases in effect at the time such future Development phases are approved by the City. 16 Agenda Page 54 20 Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 21. Assignment of Contract. The Developer can assign the obligations of the Developer under this Contract. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. 22. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 23. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney' s fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorneys and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 24. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 25. Integration Clause, Modification by Written Agreement only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 26. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk 17 Agenda Page 55 P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Tollberg Homes, LLC Attn: Wade Tollefson 1428 Sth Avenue Anoka, MN 55303 Telephone: (763) 205-2037 27. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By It's Mayor By It's Clerk TGLLBERG HOMES, LLC MD STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) Wade Tollefson It's President 18 Agenda Page 56 The foregoing instrument was acknowledged before me this day of , 20141 by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 20141 by Kimberly Olson, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) Wade Tollefson, as President of Tollberg Homes, LLC, acknowledged the foregoing instrument before me this day of 12014. DRAFTED BY, Couri & Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497-1930 Notary Public 19 Agenda Page 57 EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lots 1-6, Block 1 Lots 1-2, Block 2 Lots 1-4, Block 3 Outlot A Outlot B All said property is located in Hunters Pass Estates Second Addition, City of Albertville, County of Wright, State of Minnesota. 20 Agenda Page 58 EXHIBIT B Final Plat EXHIBIT C Setback Requirements EXHIBIT D Landscape Plan EXHIBIT E Grading, Drainage and Erosion Control Plan 21 Agenda Page 59 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLiTION No. 2014-005 RESOLiTION APPROVING THE HINTERS PASS ESTATES 2" ADDITION PRELIMINARY PLA, FINAL PLAT, AND PLANNED iNIT DEVELOPMENT AMENDMENT, OF THE HINTERS PASS ESTATES PLANNED iNIT DEVELOPMENT WITHIN THE CITY OF ALBERTVILLE. WHEREAS, Tollberg Homes has submitted the Hunters Pass Estates 2nd Addition Preliminary and Final Plat for City approval; and WHEREAS, City Staff has reviewed the submitted plats and associated development plans, and the planning report dated January 9, 2014 has been prepared by Northwest Associated Consultants, and the engineering report dated January 7, 2014 has been prepared by the City Engineer, outlining staff findings and recommendations; and WHEREAS, the Albertville Planning Commission met and held a public hearing on January 14, 2014 to consider the application; and WHEREAS, upon review of the application, staff reports and hearing public testimony, the Planning and Zoning Commission closed the public hearing and recommended that the City Council approve the preliminary plat, final plat, and PUD amendment for Hunters Pass Estates 2nd Addition, with the conditions outlined in the January 9, 2014 planning report and January 7, 2014 engineering report, and the additional condition that lot setbacks listed in Exhibit F of the planning report be established as required setbacks for the development; and WHEREAS, the Albertville City Council met on February 3, 2014 to consider the Hunters Pass Estates 2nd Addition Preliminary and Final Plat request; and WHEREAS, the Albertville City Council has reviewed the application, City staff reports, and the Planning Commission recommendations and agrees with the findings and recommendations of the Planning Commission; and NOW THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the Hunters Pass Estates 2nd Addition Preliminary and Final Plat and PUD amendment subject to the attached Findings of Fact and Decisions. Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following findings of fact and decision: A. The site is legally described as Outlot C of Hunters Pass Estates. B. The planning report dated January 9, 2014 from Northwest Associated Consultants is incorporated herein. C. The Hunters Pass Estates PUD was approved in October 2004, and the original Hunters Pass Estates plat was approved in 2005, with Phase I of development implemented soon after. Page Agenda Page 60 City of Albertville Resolution No. 20 4-005 Page 2 D. The Hunters Pass Estates 2nd Addition plat can be accommodated with existing public services and will not overburden the City's service capacity. E. Traffic generation by the proposed plat is within the capabilities of streets serving the property as proposed. F. The requirements of the Albertville Zoning ordinance have been reviewed in relation to the proposed plat. G. The proposed actions have been considered in relation to the specific policies and provisions of the City and have been found to be consistent with the Comprehensive Plan. H. The proposed development will be compatible with present and future land uses of the area. I. The proposed use conforms to approved planned unit development standards. J. The proposed plat will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council Approves the Hunters Pass Estates 2nd Addition Preliminary Plat, Final Plat, and PUD amendment based on the plans dated November 12, 2013 and information received to date subject to the following conditions: 1. The applicant shall install and maintain wetland demarcation signage at the boundaries of the wetland buffer. The sign design and sign location shall be approved by the City Engineer. 2. The applicant shall provide a landscape plan illustrating a vegetative buffer planting along the northern border of the site, between Phase II lots and 70th Street NE. In addition, one shade or evergreen tree must be planted per residential lot, which will be required as part of the development agreement. All other plantings shall adhere to the landscape plan approved with the final plat for the Hunters Pass Estates PUD in 2005. 3. The applicant shall provide a park dedication fee totaling $3,300 per individual lot, to be paid in three installments per the conditions outlined in this report. 4. The applicant shall adhere to established architectural standards (design guidelines) for the Hunters Pass subdivision, as adopted by the Hunters Pass Estates Homeowners Association. The architectural guidelines shall be amended to stipulate that all decks and/or porches shall be designed to fit within the approved PUD building setbacks. 5. Following final plat approval, the entire plat shall be brought into the Hunters Pass Estates HGA at the time of recording, and the developer and Phase II homeowners shall adhere to the HGA declaration, bylaws, and rules, and any addendums to said standards. 6. The applicant is required to enter into a PUD agreement that demonstrates that Hunters Pass Estates Phase II will implement and adhere to all conditions provided in the original Hunters Pass Estates PUD agreement and the conditions of the January 9, 2014 planning report. Agenda Page 61 City of Albertville Resolution No. 2014-005 Page 3 7. All homes must be constructed at least three feet above Hunters Lake's OHwL of 947.3, low floor elevation for all homes in the proposed development must be at 950.3 feet in elevation or higher. 8. The applicant shall comply with the recommendations of the January 7, 2014 City Engineer memo, as follows: a) The Applicant secures the NPDES permit (storm water) and a WCA No loss/No Impact permit (wetlands) prior to commencing work. b) All Improvements are constructed in accordance with the latest edition of CEAM's Standard Utility Specifications and Albertville City Standards. c) Record drawings of all site improvements, as described by the City's As -Built Checklist, are required prior to release of surety. d) Applicant shall submit a wetland demarcation signage plan for City review and shall install signage as directed by the City. e) Street lighting, and private utility (electric, gas, phone) plans shall be submitted for review. f) The storm sewer/forcemain crossing shall be insulated, as specified by the City. g) The irrigation service lines in the cul-de-sac shall be repaired or replaced as required. h) The proposed B612 curb for the cul-de-sac island shall be revised to 28-inch surmountable. i) Outlot A shall be deeded to the City. 9. The lot setbacks provided in Exhibit F of the planning report dated January 9, 2014 shall be established as required setbacks for the development. Adopted by the Albertville City Council this 3rd day of February 2014. ATTEST: Kimberly A. Olson, City Clerk Jillian Hendrickson, Mayor Agenda Page 62 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNE SOTA RESOLUTION No. 2014-006 RESOLiTION VACATING ALL EASEMENTS WITHIN OiTLOT C OF HINTERS PASS ESTATES WITHIN THE CITY OF ALBERTVILLE WHEREAS, the City Council, upon the request of the owner of Outlot C of Hunters Pass Estates, did hold a public hearing on February 3, 2014 at 7 p.m. at the Albertville City Hall. At said time and place the City Council heard all interested parties on whether to vacate all drainage and utility easements on outlot C of Hunters Pass Estates as recorded in the office of the County Recorder, Wright County, Minnesota; and WHEREAS, all notice requirements of Minnesota Statute §412.851 have been satisfied; and WHEREAS, the City Council finds and determines that it is in the public interest to vacate all drainage and utility easements on said outlot C of Hunters Pass Estates, effective upon the recording of the plat of Hunters Pass Estates Second Addition, as such easements will no longer be required by the City upon the recording of Hunters Pass Estates Second Addition. NOW THEREFORE BE IT RESOLVED that the City Council of City of Albertville, Wright County, Minnesota does hereby order as follows: l . All drainage and utility easements located on outlot C of Hunters Pass Estates as recorded in the office of the County Recorder, Wright County, Minnesota shall be vacated upon the filing of the plat known as Hunters Pass Estates Second Addition with the Wright County Recorders office, Wright County, Minnesota. 2. The City Clerk is directed to file a certified copy of this order in the records of the City and a "Notice of Completion of Proceeding" with the office of the Wright County Auditor and Recorder. Adopted by the Albertville City Council on the P day of February, 2014. ATTEST: Kimberly A. Olson, City Clerk Jillian Hendrickson, Mayor Agenda Page 63