ITEM 4.1 Wilson PreserveP
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MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
9 March 2015
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
currently developed with a single family dwelling and two detached accessory buildings. The proposed
4.1—Wilson Preserve
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a Zoning Map amendment, preliminary plat, PUD -CUP, final plat and
vacation of drainage and utility easements.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes.
Held by Planning Commission 2 March 2015.
BACKGROUND/JUSTIFICATION:
CBR Development, LLC has submitted plans for subdivision of the 35.14 acre property located at the
northeast quadrant of Odean Avenue and 85th Street. The subject site consists of two parcels is
currently developed with a single family dwelling and two detached accessory buildings. The proposed
subdivision includes a 10 acre parcel for the existing home and detached accessory buildings and nine
single family lots generally one acre in area. The proposed subdivision was previously considered as a
sketch plan by the Planning Commission and City Council in November 2014. The proposed subdivision
requires consideration of a Zoning Map amendment, PUD -CUP, preliminary plat and final plat, as well as
vacation of existing drainage and utility easements.
A public hearing to consider these applications was held by the Planning Commission meeting on 2
March 2015. Mr. Bill Christian of Christian Builders Inc. and CBR Development, LCC was present as the
applicant, as was property owner Ms. Chris Wilson. Mr. Christian said he agreed with the comments by
City staff. There were no public comments. The Planning Commission had no significant issues or
questions regarding the project. The public hearing was closed and the Planning Commission voted 7-0
to recommend the City Council approve the applications. Findings consistent with the recommendation
of the Planning Commission are attached for consideration by the City Council.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Planning Report dated 26 February 2015
B. Engineering Review dated February 12, 2015
C. Zoning Map amendment findings of fact
D. Ordinance 2015-02 amending the Zoning Map
E. Preliminary plat/PUD-CUP/Final Plat findings of fact
F. Resolution 2015-16 vacating existing drainage and utility easements
G. Development agreement
H. Resolution 2015-17 approving the development agreement
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to adopt Ordinance 2015-02 amending the Zoning Map, approve the preliminary plat/PUD-CUP
and final plat of Wilson Preserve subject to the conditions outlined in the findings of fact as presented,
adopt Resolution 2015-16 vacating existing drainage and utility easements and adopt Resolution 2015-
17 adopting a development agreement with CBR Development LLC.
BUDGET INFORMATION
FUNDING: I BUDGETED: n YES
NA
ACTION TAKEN
❑ NO
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED n OTHER (List changes)
COMMENTS:
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 26 February 2015
RE: Otsego — Wilson Preserve; Preliminary and Final Plat
TPC FILE: 101.02
BACKGROUND
CBR Development, LLC has submitted plans for subdivision of the 35.14 acre property
located at the northeast quadrant of Odean Avenue and 85th Street. The subject site
consists of two parcels is currently developed with a single family dwelling and two
detached accessory buildings. The proposed subdivision includes a 10 acre parcel for
the existing home and detached accessory buildings and nine single family lots
generally one acre in area. The proposed subdivision was considered as a sketch plan
by the Planning Commission at a public hearing on 17 November 2014. The proposed
subdivision requires consideration of a Zoning Map amendment, PUD -CUP, preliminary
plat and final plat, as well as vacation of existing drainage and utility easements. A
public hearing to consider these applications has been noticed for the Planning
Commission meeting on 2 March 2015.
Exhibits:
A. Site Location
B. Existing Conditions
C. Preliminary Plat
D. Master Layout
E. Development Grading and Drainage Plan (2 sheets)
F. Street Profile and Storm Sewer Plan (2 sheets)
G. Storm Water Pollution Prevention Plan
H. Final Plat
I. Easement Vacation
ANALYSIS
Comprehensive Plan. The subject site is located within the Long Range Urban
Service Area and is guided for low density residential uses by the 2012 Otsego
Comprehensive Plan, The Long Range Urban Service Area is designated for that
portion of the community where one plus acre unsewered single family residential
development has occurred. Further unsewered development in the area is not
recommended and residential development density is limited to one dwelling unit per 40
acres unless the City Council finds that one or more of the following criteria are met:
1. The development will result in completion of an unfinished street network.
2. The development will have the result of correcting or improving a demonstrated
area drainage problem.
3. The development provides for dedication of lands to a legitimate public purpose.
The preliminary plat illustrates establishment of Outlot A over that portion of Hall's Pond
within the subject site. Outlot A also includes regional storm water basins constructed
upon the property as part of the Odean Avenue improvement project that are only
overlaid by drainage and utility easement. Dedication of the area of Hall's Pond within
the subject site provides opportunity for a natural park area adjacent to the designated
natural environment lake and acquisition of regional storm water areas that the City may
utilize as a natural park area. These considerations are consistent with the criteria of
the Comprehensive Plan for allowing further single family lot unsewered development
within the long range Urban Service Area.
Zoning. The subject site is zoned A-1, Agriculture Rural Service District and is also
within the Shoreland Overlay District of Hall's Pond. The subdivision of the property as
shown on the proposed preliminary plat would require that the subject site be rezoned
to R-3, Residential Long Range Urban Service District, which allows single family lots
as a permitted use. Application for a PUD -CUP is also required to address flexibility
from the lot requirements of the Shoreland Overlay District and allow cul-de-sacs
exceeding the maximum length allowed by the Subdivision Ordinance. The Zoning
Map amendment and PUD -CUP applications would be evaluated based upon the
following criteria outlined by the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan,
2. The proposed use's compatibility with present and future land uses of the area.
3. The proposed use's conformity with all performance standards contained within
the Zoning Ordinance and other provisions of the City Code.
4. Traffic generation of the proposed use in relation to capabilities of streets serving
the property.
2
5. The proposed use can be accommodated by existing public services and
facilities and will not overburden the City's service capacity.
Surrounding Land Uses. The subject site is surrounded by the following existing and
planned land uses shown in the table below. The proposed preliminary plat is similar in
character to existing surrounding development and no compatibility issues would exist.
Direction
Land Use Plan
Zoning Map
Existing Use
North
LD Residential
R-3 District
Single Family
City open space
East
LD Residential
R-3 District
Single Family
South
LD Residential
R-3 District
Single Family
West
LD Residential
R-3 District
Single Family
Lot Requirements. The table below outlines the minimum lot requirements that would
be applicable to the subject site under the R-3 District and Shoreland Overlay District:
Min. Lot Area
Min Lot Width
Setbacks
R-3
S
R-3
S
Front
Side
Rear
Wetland
OHWM
1.0ac.
1.8ac.
150ft.
200ft.
35ft
1Oft.
50ft.
40ft.
150ft.
The preliminary plat has been designed based on the requirements for the R-3 District
with all lots at least one acre in area and 150 feet wide. Section 20-92-17 of the Zoning
Ordinance allows flexibility through a PUD -CUP from the lot requirements of the
Shoreland Overlay District with dedication of the water body at the Ordinary High Water
Mark and adjacent riparian area to the public by easement. The preliminary plat
includes a 30 foot buffer corridor between the OHWM dedicated by easement and the
proposed lots to allow public access along Hall's Pond connecting with the City' owned
property to the north creating a natural corridor. The PUD -CUP will also allow that the
area requirements for Lots 4-8 be met based on the gross area of each lot as Section
20-17-9.A.2 of the Zoning Ordinance requires that minimum lot area for lots created
after 26 May 2009 be met exclusive of wetlands, wetland buffers or storm water
drainage easements. The dedication of Hall's Pond to the City and establishment of the
natural corridor between Odean Avenue and 88th Street warrants the necessary
flexibility from the minimum lot requirements of the Shoreland Overlay District and R-3
District that would be allowed by a PUD -CUP. A residential density analysis as outlined
in Section 20-92-17.E of the Zoning Ordinance must also be provided illustrating that
the use of the PUD District does not increase the allowed density within the Shoreland
Overlay District.
Access. The proposed development is to be accessed from a single intersection with
Odean Avenue. Odean Avenue is designated as a residential collector street by the
2012 Transportation Plan and has adequate capacity to accommodate the traffic that
would be generated by the proposed development. The location of the proposed
intersection to Odean Avenue is 180 feet south of the existing intersection for 87th Street
west of Odean Avenue. Section 21-7-7.E of the Subdivision Ordinance states that
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intersections are to be off -set a minimum of 200 feet. The property owner has
attempted to secure the five acre parcel to the north of the street that would access the
proposed development to provide for alignment with 87th Street west of Odean Avenue
but was unsuccessful. The off -set intersection is acceptable in this situation given the
limited traffic that would be generated by the proposed development and that the
intersections of 88th Street and 89th Street to Odean Avenue north of the subject site are
similarly off -set.
There is only one access from Odean Avenue to the proposed development as
provision of a second access to 85th Street would need to be at the east property line
abutting the rear line of an existing single family lot that is a corner lot along Ogren
Avenue and 85th Street, creating a situation where this lot has frontage on three streets
and Hall's Pond prevents extension of a street to the north. As such, the preliminary
plat shows termination of the 87th Court and Odell Court both terminate as a cul-de-sac.
Section 21-7-6.A of the Subdivision Ordinance limits the length of cul-de-sacs to 500
feet, but the length of the 87th Court cul-de-sac is 880 feet and the Odell Court cul-de-
sac is 960 feet. The streets within the proposed development would be constructed as
a 28 foot wide paved section with concrete curb and gutter within a 60 foot wide right-
of-way. The cul-de-sacs each have a 60 foot radii for the right-of-way and 50 foot radii
for the paved section with concrete curb as required by Section 21-7-6.A of the
Subdivision Ordinance. With the limited number of lots within the proposed
development and the constraints against extension of a through street for either cul-de-
sac, flexibility under the PUD -CUP for the length of the cul-de-sacs may be allowed.
Park Dedication. The Future Parks and Trails Plan identifies acquisition of Hall's
Pond and the shoreline adjacent to it for public purposes. Outlot A as shown on the
preliminary plat encompasses the area of Hall's Pond within the OHWM of Hall's Pond
and the regional storm water basins in the southeast corner of the property. The
preliminary plat also includes a 30 foot corridor outside of the OHWM of Hall's Pond that
is delineated wetland and the wetland buffer required by Section 20-16-9.E of the
Zoning Ordinance. City staff and DNR staff have determined that the City may provide
a natural, mowed trail within Outlot A adjacent to Hall's Pond following the 870 elevation
line, which would allow a corridior through Outlot A and the City owned parcel to the
north to connect with 88th Street. The developer will be required to dedicate Outlot A to
the City along with conservation, drainage and utility easement and public park
easement over the wetland buffer adjacent to Hall's Pond. Additionally, the submitted
plans must be revised to provide a 10 foot wide bituminous trail along the south side of
87th Court from Odean Avenue to Outlot A. The developer will also be required to
remove the existing fence and downed trees/vegetation from the south line of Outlot A
adjacent to 85th Street. These improvements will satisfy the park dedication
requirements for the proposed development.
Utility Plan. The existing single family dwelling and proposed nine lots would be
served by on-site septic and well systems. A utility plan has been submitted with the
preliminary plat demonstrating that each of the nine lots has suitable area for a primary
and secondary septic drainfield site and well location. An inspection of the septic
system for the existing single family dwelling must also be completed to demonstrate
0
that it is functioning property and the utility plan should identify additional drainfield sites
for that lot as well.
Grading Plan. The developer has submitted plans for grading, drainage and erosion
control plan and calculations for storm water management. All grading, drainage and
erosion control issues are subject to review and approval of the City Engineer.
Easements. The preliminary plat provides for of the area within the approximate
OHWM of Hall's Pond and the existing regional storm water basins within Outlot A,
which would be deeded to the City. Existing drainage and utility easements over the
regional storm water basins no longer serve a public purpose with dedication of Outlot A
to the City and are to be vacated. The area of Lots 4-8 that include delineated
wetlands and the wetland buffer required by Section 20-16-9.E of the Zoning Ordinance
must be overlaid by drainage and utility easements, conservation easements and public
park easement. A 10 foot perimeter drainage and utility easement (overlying side lot
lines) is also provided for each lot in accordance with Section 21-7-15 of the Subdivision
Ordinance. All easements are subject to review and approval of the City Engineer.
Final Plat. The developer has submitted a final plat for the proposed development
consistent with the preliminary plat. The final plat is subject to applicable comments
pertaining to the preliminary plat design and is subject to approval by the City Council.
Development Contract. The developer is required to enter into a development
contract with the City for the public and private improvements, payment of applicable
fees and posting of required securities. The development agreement will be drafted by
the City Attorney prior to City Council approval of the final plat.
RECOMMENDATION
The proposed Wilson Preserve development is consistent with the intent of the
Comprehensive Plan to allow subdivisions within the Long Range Urban Service Area
only when there is dedication of lands to a legitimate public purpose and provides the
opportunity for the City to acquire a unique natural area. City staff recommends
approval of the applications subject to the conditions outlined below.
POSSIBLE MOTIONS
Decision 1 — Zoning Map Amendment
A. Motion to approve a Zoning Map amendment rezoning the subject site from A-1
District to R-3 District based on a finding that the request is consistent with the
policies of the Comprehensive Plan.
5
B. Motion to deny the request based on a finding that the application is not
consistent with the policies of the Comprehensive Plan.
C. Motion to table.
Decision 2 — Preliminary Plat/PUD-CUP/Final Plat[Vacation
A. Motion to approve a Preliminary Plat, PUD -CUP, Final Plat and vacation of
drainage and utility easements for Wilson Preserve subject to the following
conditions:
A residential density analysis as outlined in Section 20-92-17.E of the
Zoning Ordinance shall be submitted with an application for preliminary
plat approval.
2. The developer shall dedicate drainage and utility easements, conservation
easements and public park easements over the wetland and wetland
buffer area required by Section 20-16-9.E of the Zoning Ordinance within
Lots 4-8, Block 1.
3. Park dedication requirements shall be satisfied for the proposed final plat
as follows:
a. The developer shall dedicated Outlot A to the City for park purposes.
b. A 10 foot wide bituminous trail shall be provided along the south side
of 87th Court from Odean Avenue to Outlot A subject to approval of
City staff.
G. The developer shall also remove downed, dead or damaged
vegetation and the existing fence along the south line of Outlot A
subject to approval of City staff.
4. All street sections shall be subject to review and approval of the City
Engineer.
5. All utility issues are subject to review and approval by the City Engineer.
6. All grading, drainage and erosion control issues are subject to review and
approval of the City Engineer.
7. All easements are subject to review and approval of the City Engineer.
0
B. Motion to deny the request based on a finding that the application does not
comply with the requirements of the Zoning Ordinance and Subdivision
Ordinance.
C. Lori Johnson, City Administrator
Tami Loff, City Clerk
Ron Wagner, City Engineer
Andy MacArthur, City Attorney
Bill Christian, Christian Builders, Inc.
Chris Wilson, property owner
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Review No. 1 (revised)
Hakanson
Anderson
ENGINEERING REVIEW
Residential Subdivision
for the City of Otsego
by
Hakanson Anderson
Submitted to: Honorable Mayor and City Council
cc: Lori Johnson, City Administrator
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Bill Christian, CBR Development, LLC
Scott Dahlke, Civil Engineering Site Design
Reviewed by:
Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date:
February 12, 2015
Proposed
Development:
Wilson Preserve
Street Location
A portion of the SW'/4 of the NE %a of S21, T121, R23.
of Property:
North of 85th Street and East of Odean Avenue.
Applicant:
Bill Christian
Developer:
CBR Development, LLC
21301 Co. Rd. 81
Rogers, MN 55374
Owners of Record: Christine M. Wilson and CBR Development, LLC
Purpose: Wilson Preserve is a proposed 10 lot single-family residential
development on 35± acres in the City of Otsego, Wright County,
Minnesota. The proposed development will NOT be served with
municipal water and sanitary sewer but will have municipal storm
sewer and public streets typical of an urban setting.
Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of
(but not limited to) Health, Minnesota Department of Natural Resources, Minnesota
Pollution Control Agency, Wright Soil and Water Conservation
District.
Permits Required: NPDES, Minnesota Department of Natural Resources, BWSR, and
(but not limited to) Minnesota Pollution Control Agency (independent sewer systems)
TABLE OF CONTENTS
INFORMATION AVAILABLE
PRELIMINARY PLAT
EXISTING CONDITIONS
SUBDIVISION CONFIGURATION, LOT SIZE, DENSITY
STREET/TRAFFIC/ACCESS
PEDESTRIAN TRAIL
FINAL PLAT
CONSTRUCTION AND GRADING PLANS
SANITARY SEWER SYSTEM
WATER SYSTEM
SURFACE WATER MANAGEMENT/STORM SEWER SYSTEM
WETLANDS
ENVIRONMENTAL
SUMMARY AND/OR RECOMMENDATION
PAGE 2
S:\Municipal\Aotsego23xx12327\ot2327RVW1(revised).doc
INFORMATION AVAILABLE
Preliminary Plat for Wilson Preserve, 2/3/15, by Meyer-Rohlin Land Services
Final Plat for Wilson Preserve, 2/3/15, by Meyer-Rohlin Land Services
Construction and Grading Plans for Wilson Preserve, 2/3/15, by Civil Engineering Site Design
As -built Construction Plans for Odean Avenue Project, 8/15/00, by Hakanson Anderson
Associates
Additional Information
Minnesota Rules, Chapter 4410 — EAW Requirement
City of Otsego Engineering Manual
City of Otsego Zoning and Subdivision Ordinances
National Wetland Inventory Map
PAGE 3
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PRELIMINARY PLATT
EXISTING CONDITIONS
I . The normal water and 100 -yr high water elevations are needed for all ponds/wetlands
within 150' of the boundaries (21-6-2.B.9).
SUBDIVISION CONFIGURATION, LOT SIZE, DENSITY
The existing and proposed zoning is P.U.D. Excluding Lot 1, Block 2 the development is
approximately 50% open space.
STREET/TRAFFIC/ACCESS
A single entrance to the development is being provided off of Odean Avenue.
2. The 87th Court (as well as O'Dell Court) are essentially 1,150 ft long cul-de-sacs. Cul-
de-sac streets permanently designed as such, shall not exceed five hundred (500) feet in
length. (21-7-6.A) In blocks longer than nine hundred (900') feet, ten (10') foot wide
pedestrian rights-of-way and/or easements through the block may be required in locations
deemed necessary for the public health, convenience and necessity. Suitable surfacing
shall be provided in pedestrian ways. (21-7-3.B)
PEDESTRIAN TRAIL
A 10' wide mowed trail is being proposed from 85th Street in the SE corner of the site
north, toward Hall's pond and then "meanders" along the rear yards of the lots along
Hall's pond.
There are a few concerns placing a trail along the wetland, especially a mowed
trail along. An unsurfaced trail near the wetland is likely to be muddy and at times
unpassable. A bituminous trail in this area would have issues with a wet/soft subgrade
that may cause it to breakup prematurely and would not be allowed by the DNR.
We recommend that the connection point of the trail at 85th Street be moved to
connect to Odean Avenue (at the new intersection of 87th Court). The trail shall be 10'
wide and paved for approx. 600'-650' until it is past Odell Avenue. The paved trail can
be used in an emergency as a 2"d pave access due to the lengths of cul-de-sacs.
Once past Odell Avenue the trail may change to a mowed trail and run along the
south side the storm pond then turn north towards Hall's pond. Once at Hall's pond the
trail should be cleared and grubbed 8' wide x 10' tall and follow the high side of the 870
contour to the north property line. See Attached sketch.
A short stretch at the very north end will need to be below the 870 contour so that
the trail can continue on the City property and connect to 88th Street. The section lower
than 870 will require approval by Roger Stradal with the DNR. The developer will also
be responsible for clearing and grubbing the trail along the City property along Hall's
pond until it reaches 88th Street.
PAGE 4
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FINAL PLAT
The ROW and Outlot A shall be dedicated to the City?
CONSTRUCTION AND GRADING PLAN
TITLE SHEET
Provide a Approval signature line for Ronald J. Wagner, P.E. City Engineer.
SITE LAYOUT (Sheet Cl)
Label the datum of the benchmark (all sheets). This should be NGVD 1929 adj. datum.
All as -built information provided for the Odean Ave and 85th Street project is on the 1929
datum.
2. The acreage showing is 39.54 acres. This differs from the preliminary plat shows 35.13
acres and.
See preliminary plat comments above regarding the pedestrian trail.
GRADING AND DRAINAGE PLAN (Sheet C2-C3)
The soil boring locations shall be shown on the plan. (21-6-2.B.8.)
2. Label the delineated wetland edges.
3. Show and label the 20' wetland buffer.
4. All garage floor elevations shall be a minimum of 18" above the adjacent curb (Lots 1, &
3, Block 1 do not meet this requirement).
5. The excavation in the middle of the pond will not work to meet the NDPES requirement
for infiltration. The area is under the normal water level and below the ground water
elevation shown in the Lot 4 septic test pit so no infiltration will be able to occur. Per the
NPDES the bottom of all infiltration practices shall be a minimum of 3' above the
seasonally saturated soils.
6. The entire runoff between Lots 8 & 9, Block 1 is being directed to discharge offsite onto
the existing lots to the east with no clear drainage path from there. This runoff can be
contained onsite if the swale is graded to direct the flow towards the pond near the rear of
Lot 9.
7. Label the emergency over flow (EOF) elevations near the curb at approx. station 3+00 on
Odell Court. These EOF's can be as high as 880.5 and still maintain the minimum 1.5' of
freeboard required for the lowest openings.
PAGE 5
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STREET PROFILE AND STORM SEWER PLAN (Sheets C4-05)
We suggest a trail be placed on the south side of 87h Court. The storm sewer on the
south side of the intersection at Odean Avenue will need to be extended.
2. Many vertical curves do not meet the lengths of K values for a design speed of 30 mph. A
curves shall have a minimum curve length of 90 feet or minimum K values of 37 for sag
curves and 19 for crest.
3. Storm sewer manholes shall receive Neenah R-1733 castings with vented lids (R-1642
are being called out)
SWPPP (Sheet C6)
See comment #5 from Grading and Drainage Plan comments.
DETAILS (Sheet C7)
The street section shall be based on a geotechnical engineers "R -value" recommendation.
2. Standard Plate 408 is duplicated.
SURFACE WATER MANAGEMENUSTORM SEWER SYSTEM
Provide calculations for the infiltration basin as well as storm sewer design calculations.
The storm sewer shall be designs for a 10 -yr storm. ATLAS 14 precipitation data shall be
used with a minimum 10 minute time of concentration. Include drainage area maps for
the calculations as well.
2. Once we receive the storm design information we will verify that the existing storm
sewer pipes are adequately sized to handle the additional flow.
WETLANDS
The wetland in Outlot A is a DNR wetland. They will not allow a paved path along the
wetland edge but will allow a mowed path or a boardwalk. A boardwalk would even be
allowed within the delineated wetland. The developer has been wonting with our
wetland specialist, Becky Wozney to obtain permits and resolve all wetland issues.
ENVIRONMENTAL
1. Statement certifying the environmental condition of the site including the presence of any
hazardous substance as defined in Minnesota Statutes 11513.02, Subd 8.
MISCELLANEOUS
PAGE 6
S:\Municipal Wotsego23)a\2327\ot2327RVW1(revised).doc
1. All new developments will require postmaster approved locking cluster mailboxes to be
installed. The location of these mailboxes shall be shown in the final construction plans
for review by the City and Postmaster.
2. A development plan shall be provided as well as a separate tabulation listing the lot and
block numbers with associated garage floor, lowest opening, and lowest level elevations.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon the above comment being addressed.
PAGE 7
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OtCI�egoF
MINNESOTA
APPLICANT: CBR Development, LLC.
3-5-15
FINDINGS & DECISION
ZONING MAP AMENDMENT
APPLICATION: Request for a Zoning Map amendment rezoning property within the Wilson
Preserve Development from A-1 District to R-3 District.
CITY COUNCIL MEETING: 9 March 2015
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council
now makes the following findings of fact:
A. The legal description of the property is attached as Exhibit A.
B. The property lies within the Long Range Urban Service District and is guided for low density
residential land uses by the Otsego Comprehensive Plan, as amended.
C. The property is zoned A-1, Agriculture Rural Service District
D. The applicant is requesting a rezoning of the property to R-3, Residential Long Range Urban
Service District to allow subdivision of the property into 10 single family lots and dedication of
land for public open space.
E. The Planning Commission and City Council must take into consideration the possible effects
of the request with their judgment based upon (but not limited to) the criteria outlined in
Section 20-3-2.F of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Finding: The subject site is located within the Long Range Urban Service Area and is
guided for low density residential uses by the 2012 Otsego Comprehensive Plan.
Further unsewered development in the area is not recommended and residential
development density is limited to one dwelling unit per 40 acres unless the City
Council finds that criteria including dedication of lands to a legitimate public purpose
are met. The proposed development includes dedication to the City of the area of
Hall's Pond within the subject site and regional stormwater basins provides
opportunity for a natural park area adjacent to the designated natural environment
lake and acquisition of regional storm water areas that the City may utilize as a
natural park area. These considerations are consistent with the criteria of the
Comprehensive Plan for allowing further single family lot unsewered development
within the Long Range Urban Service Area.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The subject site is surrounded by the following existing and planned land
uses shown in the table below. The proposed preliminary plat is similar in character
to existing surrounding development and no compatibility issues would exist.
Direction
Land Use Plan
Zoning Map
Existing Use
North
LD Residential
R-3 District
Single Family
City open space
East
LD Residential
R-3 District
Single Family
South
LD Residential
R-3 District
Single Family
West
LD Residential
R-3 District
Single Family
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The proposed development will comply with all applicable performance
standards unless specifically modified as part of the requested PUD -CUP.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The proposed development is to be accessed from a single intersection with
Odean Avenue. Odean Avenue is designated as a residential collector street by the
2012 Transportation Plan and has adequate capacity to accommodate the traffic that
would be generated by the proposed development.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
Finding: The proposed development is within the Long Range Urban Service Area
where provision of suburban type municipal infrastructure and services is anticipated
and available without overburdening the City's service capacity.
F. The planning report dated 26 February 2015 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
G. The engineering review dated February 12, 2015 prepared by the City Engineer, Hakanson
Anderson, Inc., is incorporated herein.
H. The Otsego Planning Commission held a public hearing at their regular meeting on 2 March
2015 to consider the application, preceded by published and mailed notice. Based upon
review of the application and evidence received, the Otsego Planning Commission closed
the public hearing and recommended by a 7-0 vote that the City Council support the
proposed subdivision based on the aforementioned findings.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 9th day of March, 2015.
Tami Loff, City Clerk
3
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
ORDINANCE NO.: 2015-02
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR LAND
LOCATED WITHIN THE WILSON PRESERVE FINAL PLAT.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby
amended to change the zoning classification of the property legally by Exhibit A.
Section 2. The property is hereby rezoned from an A-1, Agricultural Rural
Service District designation to R-3, Residential, Long Range Urban Service District
designation.
Section 3. The Zoning Map of the City of Otsego shall not be republished to
show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the
Zoning Map on file at City Hall for the purpose of indicating the rezoning hereinabove
provided for in this Ordinance, and all of the notations, references and other information
shown thereon are hereby incorporated by reference and made part of this Ordinance.
Section 4. This Ordinance shall become effective immediately upon its passage
and publication according to Law.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 9t" day of March,
2015.
CITY OF OTSEGO
BY:
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk
ATTACH LEGAL DESCRIPTION HERE
EXHIBIT A
P
OtCI�egoF
MINNESOTA
APPLICANT: CBR Development, LLC.
3-5-15
FINDINGS & DECISION
PRELIMINARY PLAT/PUD-CUP/FINAL PLAT
APPLICATION: Request for approval of a 10 lot subdivision to be known as Wilson Preserve.
CITY COUNCIL MEETING: 9 March 2015
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council
now makes the following findings of fact:
A. The legal description of the property is attached as Exhibit A.
B. The property lies within the Long Range Urban Service District and is guided for low density
residential land uses by the Otsego Comprehensive Plan, as amended.
C. The property is zoned R-3, Residential — Long Range Urban Service District.
D. The applicant is requesting approval of a preliminary plat, PUD -CUP and final plat to allow
subdivision of the property into 10 single family lots and dedication of land for public open
space.
E. The Planning Commission and City Council must take into consideration the possible effects
of the request with their judgment based upon (but not limited to) the criteria outlined in
Section 20-4-21 of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Finding: The subject site is located within the Long Range Urban Service Area and is
guided for low density residential uses by the 2012 Otsego Comprehensive Plan.
Further unsewered development in the area is not recommended and residential
development density is limited to one dwelling unit per 40 acres unless the City
Council finds that criteria including dedication of lands to a legitimate public purpose
are met. The proposed development includes dedication to the City of the area of
Hall's Pond within the subject site and regional stormwater basins provides
opportunity for a natural park area adjacent to the designated natural environment
lake and acquisition of regional storm water areas that the City may utilize as a
natural park area. These considerations are consistent with the criteria of the
Comprehensive Plan for allowing further single family lot unsewered development
within the Long Range Urban Service Area.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The subject site is surrounded by the following existing and planned land
uses shown in the table below. The proposed preliminary plat is similar in character
to existing surrounding development and no compatibility issues would exist.
Direction
Land Use Plan
Zoning Map
Existing Use
North
LD Residential
R-3 District
Single Family
City open space
East
LD Residential
R-3 District
Single Family
South
LD Residential
R-3 District
Single Family
West
LD Residential
R-3 District
Single Family
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The proposed development will comply with all applicable performance
standards unless specifically modified as part of the requested PUD -CUP.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The proposed development is to be accessed from a single intersection with
Odean Avenue. Odean Avenue is designated as a residential collector street by the
2012 Transportation Plan and has adequate capacity to accommodate the traffic that
would be generated by the proposed development.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
Finding: The proposed development is within the Long Range Urban Service Area
where provision of suburban type municipal infrastructure and services is anticipated
and available without overburdening the City's service capacity.
F. The planning report dated 26 February 2015 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
G. The engineering review dated February 12, 2015 prepared by the City Engineer, Hakanson
Anderson, Inc., is incorporated herein.
H. The Otsego Planning Commission held a public hearing at their regular meeting on 2 March
2015 to consider the application, preceded by published and mailed notice. Based upon
review of the application and evidence received, the Otsego Planning Commission closed
the public hearing and recommended by a 7-0 vote that the City Council support the
proposed subdivision based on the aforementioned findings.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED subject to the following conditions:
A residential density analysis as outlined in Section 20-92-17.E of the Zoning Ordinance shall
be submitted with an application for preliminary plat approval.
2. The developer shall dedicate drainage and utility easements, conservation easements and
public park easements over the wetland and wetland buffer area required by Section 20-16-
9.E of the Zoning Ordinance within Lots 4-8, Block 1.
3. Park dedication requirements shall be satisfied for the proposed final plat as follows:
a. The developer shall dedicated Outlot A to the City for park purposes.
b. A 10 foot wide bituminous trail shall be provided along the south side of 87th Court
from Odean Avenue to Outlot A subject to approval of City staff.
The developer shall remove vegetation and provide a graded surface for a mowed
trail within Outlot A, subject to approval of City staff.
d. The developer shall also remove downed, dead or damaged vegetation and the
existing fence along the south line of Outlot A subject to approval of City staff.
4. All street sections shall be subject to review and approval of the City Engineer.
5. All utility issues are subject to review and approval by the City Engineer.
6. All grading, drainage and erosion control issues are subject to review and approval of the
City Engineer.
7. All easements are subject to review and approval of the City Engineer.
8. The developer shall provide to the City a release of the existing ingress/egress easement
within the plat, subject to review and approval of the City Attorney.
9. The developer shall enter into a development agreement with the City, pay all required fees
and post all required securities, subject to approval of the City Attorney.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 9t" day of March, 2015.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Attest:
Tami Loff, City Clerk
RESOLUTION NO.: 2015 -16
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY
EASEMENTS WITHIN WILSON PRESERVE.
WHEREAS, the City of Otsego approved an application from CBR Development,
LLC for a final plat of Wilson Preserve of land that includes dedication of Outlot A to the
City for public park purposes; and,
WHEREAS, the area of Outlot A includes drainage and utility easements as
shown by Exhibit A previously dedicated to the City; and,
WHEREAS, dedication of Outlot A to the City for public park purposes makes
unnecessary those drainage and utility easements previously dedicated within Outlot A;
and,
WHEREAS, CBR Development, LLC has applied for vacation of the drainage
and utility easements previously dedicated within Outlot A; and,
WHEREAS, the drainage and utility easements previously dedicated within
Outlot A, serve no useful public purpose upon concurrent recording of a final plat Wilson
Preserve; and,
WHEREAS, The Otsego Planning Commission held a public hearing at their
regular meeting on 2 March 2015 to consider the application, preceded by published
and mailed notice. Based upon review of the application and evidence received, the
Otsego Planning Commission closed the public hearing and recommended by a 7-0
vote that the City Council support the proposed subdivision based on the
aforementioned findings.
WHEREAS, the City Council having considered all information received related
to the proposed vacation and easement dedication finds that vacating a portion of the
existing right-of-way as shown on Exhibit A would be in the public interest; and,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego
that Otsego hereby orders:
1. That the drainage and utility easement located in the City of Otsego, Wright
County, State of Minnesota described by Exhibit A is hereby vacated.
2. The vacation of said drainage and utility easement shall be effective upon the
recording of a final plat for Wilson Preserve and dedication of Outlot A to the City.
3. The City Council hereby determines that the vacation of said drainage and utility
easement shall cause no damage to any abutting or nearby property owners and
therefore no damages are awarded to any such property owners.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 9t" day of March,
2015.
ATTEST:
Tami Loff, City Clerk
CITY OF OTSEGO
NIN
Jessica L. Stockamp, Mayor
2
DEVELOPMENT AGREEMENT
WILSON PRESERVE
AGREEMENT entered into this
Otsego ("City"), a municipal corporation
Minnesota, and CBR Development, LLC,
("Developer").
day of March, 2015 between the City of
organized under the laws of the State of
a Minnesota Limited Liability Company
1. Request for Plat Approval. The Developer has requested that the City
approve a plat entitled WILSON PRESERVE (referred to in this Agreement
as "the Plat") and legally described as follows:
See Exhibit A.
The plat contains (10) single family residential lots and one (1) outlot. The plat is zoned R-
3, Residential Long Range Urban Service District as approved by Ordinance 2015 -XX
adopted by the City Council on March 9, 2015.
2. Conditions of Plat Approval. The City hereby approves the plat on
condition that the Developer enter into this Agreement, furnish the security required by it,
and record the Plat with the Wright County Recorder or Registrar of titles within one
hundred (100) days after the City Council approves the final plat. The Developer shall
cooperate with the City in recording the Plat and all required additional deeds and
documents and providing assurance that the Plat and all required documents have been
properly and timely recorded. Any restrictive covenants for the Plat shall be submitted to
the City Attorney for approval and shall be recorded prior to sale of any lots within the Plat.
3. Right to Proceed. Within the Plat or land to be platted, the Developer may
not grade or otherwise disturb the earth, remove trees, construct sewer lines, storm sewers,
water lines, streets, utilities, public or private improvements, or any buildings or structures
until all the following conditions have been satisfied: 1) this Agreement has been fully
executed by both parties and filed with the City Clerk, and all conditions contained in the
Agreement have been met, 2) the necessary security has been received by the City, 3) the
Plat and this Agreement have been recorded with the Wright County Recorder's Office, 4)
The Developer has initiated and attended a pre -construction meeting with the City Engineer,
and 5) the Zoning Administrator has issued a letter that all conditions have been satisfied
and that the Developer may proceed; or until such time as approval to commence earlier
construction is specifically approved by the City, and Developer has fully complied with all
conditions set forth by City staff.
4. Sanitary Sewer Service .Allocation. Sanitary sewer service is not available
to the ten (10) lots within the Plat. Subsurface sewage treatment systems shall be provided
for each lot in accordance with Chapter 4, Section 3 of the Otsego City Code.
5. Changes in Official Controls. WILSON PRESERVE is a planned and
staged development within the meaning of Minn. Stat. 462.358, Subd. 3c, and no
amendment to the City's Comprehensive Plan or other Official Controls shall apply to or
affect the use, development density, lot size, lot layout, or platting requirements for future
phases of WILSON PRESERVE for a period of five (5) years. 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, other
Official Controls enacted after the date of this Agreement. This provision does not apply to
regulations or Official Controls related to park and trail dedication or any fee established by
the City chargeable to the Developer for municipal costs arising from said future phases.
6. Development Plans. The Plat shall be developed in accordance with the
plans on file at the office of the City Clerk and the conditions stated below. If the plans vary
from the written terms of this Agreement, the written terms shall control. The plans are:
Plan A Final Plat, WILSON PRESERVE, dated 2015
prepared by Meyer Rohlin Land Services.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Civil
Engineering Site Design and as finally approved by the City Engineer.
Plan C Construction Plans for WILSON PRESERVE, prepared by Civil
Engineering Site Design and as finally approved by the City Engineer.
Plan D Specifications for WILSON PRESERVE, prepared by Civil
Engineering Site Design and as finally approved by the City Engineer.
2
7. Improvements. The Developer shall install and/or pay for the following:
A. Streets
B. Street lights
C. Site grading and ponding
D. Underground installation of all utilities
E. Storm water management improvements
F. Setting of lot and block monuments
G. Construction surveying and staking
H. Traffic control signs
Improvements shall be installed in accordance with City standards, the City
Code, and the above -referenced plans that have been furnished to the City and approved by
the City Engineer. The Developer shall obtain all necessary permits before proceeding with
construction. The City shall provide adequate field inspection personnel to assure
acceptable quality control, which will allow certification of the construction work. The City
may, when reasonably required to do so, and at the Developer's expense, have one (1) or
more City inspectors and a qualified engineer inspect the work. Within thirty (30) days
after the completion of the improvements and before all retained security is released, the
Developer shall supply the City with a complete set of reproducible "as constructed" and an
electronic file of the "as constructed" plans in AutoCAD.DWG file or a .DNF file, all
prepared in accordance with City standards. Before the security for the completion of
utilities is fully released, iron monuments shall be installed in accordance with Minnesota
Statutes 505.02. The Developer's surveyor shall submit a written notice to the City
certifying that the monuments are installed following site grading, utility and street
construction.
8. Contractors/Subcontractors. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships and other entities in
which such individuals have greater than a twenty five percent (25%) ownership interest or
in which they are an officer or director may not act as contractors or subcontractors for the
public improvements identified in Paragraph 7 above.
9. Permits. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, which may include, but are not limited to:
9
A. Wright County for County Road access and work in County right of
way.
B. MNDOT for State Highway Access
C. MNDOT for work in right of way
D. Minnesota Department of Health for watermains
E. MPCA NPDES Permit for construction activity
F. MPCA for sanitary sewer and hazardous material removal and
disposal
G. DNR for dewatering
H. City of Otsego for building permits
I. City of Otsego for sanitary sewer connections
J. City of Otsego for retaining walls
10. Dewatering. Due to the variable nature of groundwater levels and
stormwater 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 storm
flow routing operations. All dewatering shall be in accordance with all applicable County,
State, and Federal rules and regulations. DNR regulations regarding appropriations permits
shall be strictly followed.
11. Time of Performance. The Developer shall install all listed improvements
by December 31, 2015. The Developer may request an extension of time from the City to be
submitted in writing to the City Clerk, for which said extension shall be conditioned upon
updating the security posted by Developer to reflect cost increases and the extended
completion date. Final wear course placement outside of the above time frame must have
the written approval of the City Engineer. The City may impose additional conditions on the
extension necessary to ensure performance.
12. Right of Entry. The Developer hereby grants to the City, its agents,
employees, officers and contractors an irrevocable right of entry to enter the Plat to perform
any and all work and inspections necessary or deemed appropriate by the City during the
installation of improvements by Developer or the City, or to make any necessary corrective
actions necessary by the City. Except in emergency situations, as defined by the City, the
City shall give the developer fifteen (15) business days notice stating the deficiencies and
4
necessary corrections prior to making any corrective action. Said right of entry shall
continue until the City finally accepts the improvements and any applicable warranty period
has expired.
13. Erosion Control. Prior to initiating site grading, and before any utility
construction is commenced or further building permits are issued, the erosion control plan,
Plan B, shall be implemented by the Developer and inspected and approved by the City. If
the City Engineer determines that it would be unreasonable to require full implementation
of the erosion control plan prior to utility construction or issuance of certain building
permits, he shall state in writing what construction can take place and what particular
building permits can be issued prior to full implementation. The City may impose
additional erosion control requirements if, in the opinion of the City Engineer, they would
be beneficial. All areas disturbed by the excavation and backfilling operations shall be
reseeded forthwith after the completion of the work in that area. If the Developer does not
comply with the erosion control plan and schedule or any supplementary instructions, the
City may, with reasonable notice, take action as it deems appropriate.
14. Grading Plan. Plat grading shall be in accordance with the approved
grading plan, Plan B. The plan shall conform to City specifications and the City Code.
Ponds, swales, and ditches shall be constructed on public easements or land owned by the
City. Within thirty (30) days after completion of grading and before any retained security is
fully released, the Developer shall provide the City with an "as built" grading plan including
certification by a registered land surveyor or qualified engineer that all ponds, swales, and
ditches have been constructed on public easements or land owned by the City. "As built"
plans shall include field verified elevations of the following:
A. Cross sections of ponds
B. Location and elevations of swales and ditches
C. Lot corners and house pads
Occupancy permits shall not be issued by the Building Official until the
grading and drainage plan is certified as set forth above.
15. Clean Up. The Developer shall promptly clean any and all dirt and debris
from streets and construction sites in accordance with the City Code resulting from
construction work by the Developer, its agents or assigns.
16. Ownership of Improvements. Upon acceptance by the City Council of the
work and construction required by this Agreement, improvements lying within public
easements and public right-of-way shall become City property without further notice or
action.
s
17. Streets. The Developer agrees to maintain the streets in the Plat until the
base course bituminous surfacing has been accepted by the City. Should the City be
required to grade the street prior to paving, the cost of such grading shall be paid by the
Developer and drawn from the Developer's letter of credit. Should snow plowing be
necessary prior to street paving, the Developer shall be responsible for such plowing as may
be required by the Streets Supervisor. If, upon the Developer's request, the City agrees to
plow the street prior to acceptance, such work will be done upon agreement that the
Developer will hold harmless and indemnify the City from any and all liability claims
related to such work and pay all costs associated with that work. Any plowing undertaken
by the City will constitute no acceptance or evidence of acceptance of the street(s) in
question. Upon final completion of streets and acceptance by the City as a City street rather
than a private drive, the Developer shall guarantee to the City for a period of two (2) years
that the streets have been constructed to City standards. The warranty period shall not
commence until such time as street construction is completed and the streets are accepted as
City streets by the City. The two (2) year warranty set forth above commences upon the date
on which the City accepts the streets by resolution.
18. Sewage Treatment. No occupancy permit for any building within the plat
will be issued by the City unless the Building Official has inspected both the sewer and
water connections to the building and has certified that they have been constructed
satisfactorily in accordance with City specifications and the City Code.
19. 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 one percent
(1%) of the estimated construction costs of the improvements within the plat, or
alternatively a minimum fee. The administrative fee for this Plat is $2,001.00 and is
contained within the escrow and fees established in Paragraph 27 of this Agreement. This
fee is immediately available to the City upon establishment of the escrow.
20. Sewer Availability Fees. Wastewater treatment is provided by an on- site
septic system conforming to State, County and City statutes, rules and regulations. There is
no City Sewer Availability Fee.
21. Sewer Connection Fees. Wastewater treatment is provided by an on-site
septic system conforming to State, County and City statutes, rules and regulations. There is
no City Sewer Connection Fee.
22. Water Availability Fees. Water is provided by private wells conforming to
State, County and City statutes, rules and regulations. There is no City Water Availability
Fee.
23. Water Hookup Fees. Water is provided by private wells conforming to
State, County and City statutes, rules and regulations. There is no City Water Hookup Fee.
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24. Park and Trail Dedication. The Park and Trail fee requirement shall be
satisfied by dedication to the City for park purposes of Outlot A. Within Outlot A,
Developer shall remove the existing fence along the south lot line of the parcel and
Developer shall at its own expense and responsibility remove any dead, damaged or
diseased trees as directed by City staff. The Developer shall also construct a bituminous trail
adjacent to 87t' Court from Odean Avenue to Outlot A, as approved by the City Engineer.
25. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $ 1,000.00 for installation of traffic control signs (stop
signs, street signs, dead-end signs). The said amount was calculated as follows: four (4)
signs at $ 250.00 per sign. Using these funds, the City shall purchase and install the street
and traffic control signs.
26. Street Light Construction. The Developer shall pay for the operation and
maintenance of the street lights for a period of two (2) years. In order to facilitate payment
of payment for operation and maintenance of street lights, the Developer shall submit a fee
to be included within the escrow and fees established in Paragraph 27 of this Agreement
and is calculated as follows four (4) lights x $ 2,000.00 per light for a total payment of
$8,000.00. The operation and maintenance of the street lights by the City shall not
commence until such time as the Plat is accepted by the City and is formally recorded.
Street lighting shall conform to adopted City Code.
27. Transportation Infrastructure Cost. Developer shall pay a fee for Collector
Street access in the amount of $12, 870.00, calculated as follows: nine (9) lots at $1,430.00
per lot.
28. City Engineering Administration and Construction Observation, Legal
Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering
administration. City engineering administration following approval of the Plat. City
engineering administration will include consultation with Developer and its engineer on
status or problems regarding the project, monitoring during the warranty period, general
administration and processing of requests for reduction in security. Fees for this service
shall be the actual amount billed for those services estimated to be three percent (3%) of the
estimated construction cost of the improvements to be inspected, assuming normal
construction and project scheduling. The Developer shall pay for construction observation
performed by the City Engineer. Construction observation shall include part or full time
observation, as determined by the City Engineer, of proposed street, sanitary sewer, water
and storm drainage construction and will be billed on hourly rates actually required for said
inspection estimated to be five percent (5%) of the estimated construction cost of the
improvements to be inspected. In the event of prolonged construction or unusual problems,
the City will notify the Developer of anticipated cost overruns for engineering
administration and observation services.
The escrow and fee account shall also include estimated fees for Legal
expenses actually incurred, City Administrative Fee (a flat fee due upon execution of this
Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon execution of this
Agreement), Transportation Infrastructure Costs (a flat fee due upon execution of this
Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this
Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of
this Agreement) and shall be established as follows:
ESCROW AND FEES
City Construction Administration and Utility
and Street Inspection Fees (estimated 8% of $ 200,050.00) $ 16,000.00
Legal Fees (estimated, actual billings to be paid) $ 2,001.00
City Administrative $ 2,001.00
Transportation Infrastructure Cost (9 lots x $1,430 per lot) $ 12,870.00
Park &Trail Dedication Fee $ 00.00
Street light maintenance and operation $ 8,000.00
Street & traffic control signs $ 1,000.00
GIS Data Entry Fee (13 net acres x $100 per acre) $ 1,300.00
TOTAL $ 43,172.00
This escrow amount shall be submitted to the City prior to the City executing the Plat and
this Agreement. All administrative and legal fees related to plan review, drafting of this
Agreement and any other necessary items shall be paid to the City prior to execution of the
Plat and this Agreement. Any amounts for legal and engineering not utilized from this
escrow fund shall be returned to the Developer when all improvements have been
completed, all financial obligations to the City satisfied, and the required "as constructed"
plans have been received by the City.
All other amounts listed as flat fees are non-refundable and available immediately for City
use when posted.
29. Security. To ensure compliance with the terms of this Agreement, and
construction of all public improvements, the Developer shall furnish the City with a cash
escrow or other "security" in the amount of $ 317,987.50 said amount calculated as follows:
Site Grading, Erosion & Sediment Control $ 42,000.00
8
Storm Sewer- Lateral $ 64,250.00
Streets $ 125,625.00
Trail $ 10,175.00
Engineering and Surveying Construction Services $ 12,340.00
TOTAL $ 254,390.00
TOTAL SECURITY REQUIRED ($254,390 x 125%) $ 317,987.50
The issuer and form of the security (other than cash escrow) shall be subject to City
approval. The security shall be issued by a banking institution in good standing as
determined by the City and approved by the City Administrator. The City shall have the
ability to draw on the security at a bank or branch bank located within fifty (50) miles of the
City Hall. The security shall be for a term ending December 31, 2015 and shall contain an
automatic renewal provision. The City may draw down the security for any violation of the
terms of this Agreement, or upon receiving notice of the pending expiration of the security.
It shall be the responsibility of the Developer to inform the City at least thirty (30) days
prior to expiration of the security of the impending expiration and the status of the project
relative to the security and this Agreement. If, for whatever reason, the security lapses prior
to complete compliance with this Agreement (other than during any warranty period), the
Developer shall immediately provide the City with either an extension of the security or an
irrevocable letter of credit of the same amount upon notification of the expiration. If the
required improvements are not completed at least thirty (30) days prior to the expiration of
the security, the City may also draw down the security. If the security is drawn down the
proceeds shall be used to cure any default.
Upon receipt of proof satisfactory to the City that work has been completed and financial
obligations to the City have been satisfied, with City approval, the security may be reduced
from time to time down to $49,387.50 the amount of warranty security. A warranty security
in the amount of $49,3 87.50 shall be posted with the City as set forth in paragraph 32 of this
Agreement.
Notwithstanding the posting of that warranty security, the security shall not be reduced
below ten percent (10%) of the posted security until all improvements have been completed,
all financial obligations to the City satisfied (which includes posting of warranty security),
and the required "as built" plans have been received by the City. The intent of this
Agreement is that the City shall have access to sufficient security, either security or
warranty security, to complete the project and insure warranty on all public improvements at
all times.
This security amount shall be submitted to the City prior to execution of the Plat and this
Agreement. All administrative and legal fees related to plan review, drafting of this
9
Agreement and any other necessary items shall be paid to the City prior to execution of the
plat and this Agreement.
The security for this Agreement shall be cash or Irrevocable Standby Letter of Credit in the
amount of $317,987.50 The cash shall be deposited with the City and released to make
payments to contractors, consultants, City consultants as they are billed. The City will not
release the security or any portion of the security until a copy of any billing due and owing
has been submitted to and approved by the City and the City Engineer, subject to retention
of retainage as set forth above and the appropriate amount for warranty of public
improvements.
30. Landscaping. The Developer shall install two (two) trees upon each lot
within the Plat of a species approved by the Zoning Administrator. These plantings may not
be installed in a public right-of-way. Any security posted for this agreement or prior
additions may be used to cure any defects in the event that the Developer, it assigns or
successors fails to install landscaping according to this Agreement. Landscaping security to
insure compliance with the approved Landscape Plan shall be $ 1,000 per lot to posted with
the City at the time of application for a building permit on each lot. Any trees which can
cause a public nuisance or public hazard, such as bug infestation or weak bark, are
specifically prohibited.
The Developer, Builders or Property Owners (applicant for building permit)
in the residential lot area shall sod all front yards within the buildable portion of each lot
and shall post any security required by the City to assure landscaping or other items in
compliance with the City Code. The Developer, Builder or Property Owner shall provide
not less than six (6) inches of topsoil in required front yards or side yards abutting public
rights-of-way. Where slopes lie in excess of ten (10) percent, sodding (staked) shall be
required. Weather permitting, the trees, grass seed and sod shall be planted before
Certificates of Occupancy are issued. All grass seed shall be maintained so that turf is
established within one (1) year of planting.
If landscaping as required by the City Code and this Agreement is not timely
completed, the City may enter the lot or lots, perform the work, and apply any posted
security toward the cost. The Developer, it assigns or successors, Builder or Property Owner
will provide will provide all trees, grass, seed and sod within the Plat and shall maintain
said plantings and warrant them to remain alive, of good quality and disease free for twelve
(12) months after planting. Any replacement shall be warranted for twelve (12) months
from the time of planting.
31. Significant Trees. There are no significant trees within the Plat. The
Developer is not required to replace any significant trees.
32. Warranty. The Developer warrants all work required to be performed by it
against poor material and faulty workmanship for a period of one (1) year after its
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completion and acceptance by the City. The amount of posted warranty security for public
improvements to be posted by the Developer shall be in the amount of $49,387.50. The
amount, has been determined by the City Engineer, and is based upon the costs of the raw
materials and labor which would be necessary to correct the most common deficiencies in
such public improvements.
33. Claims. The Developer shall pay any subcontractor within ten (10) days of
the Developer's receipt of payment by the City for undisputed services provided by the
subcontractor. In the event that the City receives claims from labor, materialmen, or others
that perform work required by this Agreement, and 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 letters of
credit in an amount up to one hundred twenty-five percent (125%) 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
letters of credit deposited with the District Court, except that the Court shall retain
jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the
Developer desires to make a cash deposit instead of drawing down the letter of credit if a
claim is made as stated above, they shall immediately notify the City of this intent at the
time the claim is made and shall delivery one hundred twenty-five percent (125%) of the
claim to the City within ten (10) days of such notice in the form of cash or certified check.
34. Restrictions. The following restrictions apply to the property and all lots
thereon shall be held, sold, and conveyed subject to the following conditions and
restrictions, which are for the purpose of protecting the value and desirability of the plat and
insuring that all conditions imposed by the City in this Agreement are properly recorded
against the property. Said conditions shall run with the real property and be binding on all
parties having a right, title or interest in the plat or any part thereof, their heirs, executors,
representatives, successors and assigns:
A. Developer shall convey Outlot A to City in lieu of Park & Trail
dedication fees. The conveyance will be free and clear of any
easements or other encumbrances.
B. Christine Wilson, Developer and any other necessary party shall
extinguish all rights in that ingress and egress easement located on the
easterly edge of the Plat and as established in recorded Document No.
891483.
35. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by them or the City in conjunction with the development of
II
the Plat, including, but not limited to, legal, planning, engineering, and
inspection expenses incurred in connection with development of said
Plat, the preparation of this Agreement, and all costs and expenses
incurred by the City in monitoring and inspecting development of the
plat.
B. The Developer shall hold the City and its officers and employees
harmless from claims made by itself and third parties for damages
sustained or costs incurred resulting from Plat development. The
Developer shall indemnify the City and its officers and employees for
all costs, damages or expenses which the City may pay or incur in
consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the
enforcement of this Agreement, including engineering fees, attorney's
fees, and costs and disbursements.
D. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Agreement within thirty (30) days after
receipt. If the bills are not paid on time, the City may halt all plat
development work and construction, including but not limited to the
issuance of building permits for lots which the Developers may or may
not have sold, until all bills are paid in full. Claims not paid within
thirty (30) days shall accrue interest at the rate of twelve percent (12%)
per year.
36. 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 City may then draw down the security established in Paragraph 17 to pay for any work
undertaken, provided the Developer is first given notice of the work in default, not less than
seven (7) days in advance. This notice provision does not apply if the work performed by
the City or its contractors is of an emergency nature, as determined at the sole discretion of
the city. Should such emergency work be required the City will make all reasonable efforts
to notify the Developer as soon as possible. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part pursuant to any
applicable statutes or ordinances.
37. Miscellaneous.
A. The Developer represents to the City that the plat complies with all
City, County, State, and Federal laws and regulations, including but
not limited to, Subdivision Ordinances, Zoning Ordinances, and
environmental regulations except where specifically excluded by this
agreement. If the City determines that the Plat does not comply, the
12
City may, at its option, refuse to allow construction or development
work in the plat until the Developer does comply. Upon the City's
demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this
Agreement.
C. Breach of any of the terms of this Agreement by the Developer shall
be grounds for denial or revocation of building permits.
D. 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.
E. If building permits are issued by the City prior to the completion and
acceptance of public improvements, the Developer shall assume all
liability for the costs resulting in any delay in completion of public
improvements and damage to any public improvements caused by the
City, the Developer, its contractors, subcontractors, materialmen,
employees, agents, or third parties. No one may occupy a building for
which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a
bituminous surface, unless a specific exception is approved by the
City.
F. 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.
G. This Agreement shall run with the land, shall be recorded against the
title to the property and all properties therein established by the Plat,
and shall be binding on all parties having any right, title or interests in
this phase of the plat or any part thereof, their heirs, successors, and
assigns. After the Developer has completed the work required of them
under this Agreement as set forth in Section 8, at the Developer's
request, the City will execute and deliver to the Developers a release
or partial release (s) of this Agreement.
H. The Developer shall take out and maintain until one (1) year after the
City has accepted the public improvements, public liability and
property damage insurance covering personal injury, including death,
and any claims for property damage which may arise out of the
13
Developer's work or the work of their subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily
injury and death shall not be less than $500,000.00 for one person and
$1,000,000.00 for each occurrence; limits for property damage shall be
not less than $200,000.00 for each occurrence. The City shall be
named as an additional named insured on said policy, and the
Developer shall file a copy of the insurance coverage with the City
prior to the City issuing further building permits.
I. 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.
J. The Developer shall pay for all local costs related to drainage
improvements required to complete the construction according to the
plans and conditions that are a part of this Agreement.
K. Should development of the plat proceed at a pace slower than
anticipated, and for that reason, specific terms of this agreement
become onerous or unduly burdensome to the Developers, upon
his/her application, the City will enter into negotiations regarding
those specific terms and shall not unreasonably withhold consent to
appropriate changes in the terms of this Agreement.
L. The Developer shall demonstrate and maintain compliance with the
1991 Wetland Conservation Act.
M. The Developer shall be responsible for all on site drainage as well as
for any affects that their actions may have on adjoining properties.
Specifically, the Developer shall maintain existing drainage tiles on
site, and shall be responsible for any and all drainage problems related
to either the site drainage tiles or problems with on-site drainage
facilities to be constructed in accordance with this agreement and plat
approval.
38. Notices. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, their employees or agents, or mailed to the
Developer by registered mail at the following address: CBR Development, LLC, 20980
Rogers Drive, Suite 600, Roger 55374 Attention: Bill Christian. Notice to the City shall
14
be in writing and shall be either hand delivered to the City Clerk at the following address:
City of Otsego, City Hall, 13400 90' Street NE, Otsego, MN 55330, Attention: City Clerk
CITY OF OTSEGO
M
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPER
CBR DEVELOPMENT, LLC
ft",
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2015, by Jessica Stockamp, Mayor and by Tami Loff, City Clerk,
of the City Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant
to the authority of the City Council.
Notary Public
15
STATE OF MINNESOTA )
SS.
COUNTY OF )
The foregoing instrument was acknowledged
2015, by
of CBR Development, LLC
company, with authority and on behalf of the company.
before me this
a Minnesota limited
Notary Public
CONSENT
day of
the
liability
Christine M. Wilson, a single person and owner of a portion of the Plat of Wilson Preserve (
Lot 1, Block 2 WILSON PRESERVE) hereby consents and agrees to be bound by
applicable conditions of this Agreement.
Christine M. Wilson
STATE OF MINNESOTA)
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of , 2015 by
Christine M. Wilson, a single person.
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
3 601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763)231-5850
Notary Public
16
EXHIBIT A
The Southwest Quarter of the Northeast Quarter of Section 21, Township 121, Range 23, Wright County,
Minnesota except the following described parcel:
All that part of the West 355 feet of the Southwest Quarter of the Northeast Quarter of Section 21,
Township 121, Range 23 lying North of a line described as beginning at a point on the West line of said
Southwest Quarter of the Northeast Quarter a distance of 712 feet North of the Southwest corner
thereof; thence East at right angles to said West line to intersect the East line of said West 355 feet and
there terminating.
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2015-17
RESOLUTION APPROVING DEVELOPERS AGREEMENT- WILSON
PRESERVE
WHEREAS, CBR Development, LLC and Christine M. Wilson are seeking
approval of a Plat known as WILSON PRESERVE, and
WHEREAS, the approved Plat requires construction of some public
improvements and payment of City costs and fees as well as placing certain
restrictions on the development; and
WHEREAS, those obligations are contained and memorialized in the attached
Developers Agreement; and
WHEREAS, the Developers Agreement also sets forth the security required to
assure satisfactory construction of public improvements and establishes the
various remedies available to the City in the event that Developer breaches the
terms and conditions of the Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Otsego, Wright County, Minnesota as follows;
1. The attached Developers Agreement between the City of Otsego and CBR
Development, LLC and Christine M. Wilson is hereby approved.
2. The Mayor and City Clerk are hereby authorized to execute the Developers
Agreement on behalf of the City of Otsego.
ADOPTED this 9th day of March, 2015 by the City Council of Otsego.
MOTION TO ADOPT the Resolution by Council Member
and seconded by Council Member
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
2