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HomeMy WebLinkAbout2016-065 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 16-65 RESOLUTION APPROVING DEVELOPMENT AGREEMENT & PLANNED UNIT DEVELOPMENT AGREEMENT FOR NORTHPOINTE 4TH ADDITION WHEREAS, the City Council approved the fmal plat for NorthPointe 4th Addition with Resolution No. 16-64 on July 11, 2016; and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Agreement & Planned Unit Development Agreement between Tony Emmerich Construction, Inc. and the City of Lino Lakes for NorthPointe 4th Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 11th day of July, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Maher and upon vote beingtaken thereon, the following voted in favor thereof: Raffrty, Maher, Kusterman, Manthey, Reinert The following voted against same: none ATTEST: cz= e Bartell, Ci Clerk DEVELOPMENT AGREEMENT and PLANNED UNIT DEVELOPMENT AGREEMENT NorthPointe 4th Addition THIS AGREEMENT is made this day of , 2016, by and between the City of Lino Lakes, a Minnesota municipal corporation, and Tony Emmerich Construction, Inc., a Minnesota corporation, referred to as ("Developer"). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 14-21 for a plat known as NorthPointe 4th Addition ("Subdivision"). Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision. 2. Final Plat Approval. The City's approval of the final plat of NorthPointe 4th Addition, as legally described in Attachment A, is contingent upon execution and delivery of this agreement and all required petitions, bonds, security, and documents, and satisfaction of all conditions of approval required by Resolution No. 16-64. The Final Plat is attached hereto as Attachment B. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City. 4. Developer Plans. a. The Subdivision shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are: i. NorthPointe 4th Addition plan set containing 15 sheets, prepared by Carlson McCain Inc., received May 12, 2016. 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. NorthPointe 4th Addition Development Agreement July 11, 2016 6. Developer Improvements. The Developer shall secure a contractor to install these improvements, hereinafter referred to as the "Developer Improvements," which contractor shall be approved by the City in its absolute discretion. The cost of Developer Improvements is as shown on Attachment C. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) and Vadnais Lakes Water Management Organization (VLAWMO) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES, RCWD and VLAWMO requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. iv. The Developer's engineer shall certify in writing, with an as -built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v. The Developer shall promptly clear dirt and debris within public right-of- ways and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer shall be responsible for page 2 NorthPointe 4th Addition Development Agreement July 11, 2016 all necessary street and storm sewer maintenance, including street sweeping, until all home construction is completed, unless otherwise released by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on them, including detour signs if necessary. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. c. Final street grading, subbase, gravel base, concrete curb and gutter, and bituminous base course and wear course shall be furnished and installed. d. Sidewalks, paths and street lighting as required by the City. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed, f. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. g. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. h. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. L Landscaping shall be furnished and installed in accordance with the approved plans. j. The Developer shall arrange for all gas, telephone, cable TV and electric utility services to the Subdivision in accordance with City Code and State law. The Developer is solely responsible for the cost of utility installation. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2016 with the final bituminous wearing course by October 31, 2017 or when 80 percent of the homes are constructed. The Developer may request a reasonable extension of time from the City. If the extension is page 3 NorthPointe 4th Addition Development Agreement July 11, 2016 granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City Improvements. The following improvements, hereinafter referred to as "City Improvements," shall be designed, inspected, surveyed and administered by the City, and installed by the City on the Subject Property at Developer Expense: NO CITY IMPROVEMENTS ARE PROPOSED TO BE CONSTRUCTED IN NORTHPOINTE 4TH ADDITION 9. Record Drawings. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including roads, sanitary sewer, watermain, storm sewer facilities, and grading, constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. b. A summary of the record plan attribute data for the storm sewer, watermain, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. c. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 10. Faithful Performance of Construction Contracts and Security. a. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements. Concurrent with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements. b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements referenced therein in accordance with the ordinances and specifications of the City. The letter shall be in a form, and from a bank, as approved by the City. The City reserves the right to draw, in whole or in part, on page 4 NorthPointe 4th Addition Development Agreement July 11, 2016 any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates. The Irrevocable Letter of Credit may not be terminated without the City's written consent. c. Alternatively, the Developer may enter into a Public Improvement Surety Agreement, subject to City approval. d. Reduction of Security. The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. 11. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a, period of two years after its completion and acceptance by the City. All new streets shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for 12 months after planting. Prior to final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be determined by the City Engineer. 12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 13. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public right-of-way and easements shall become City property without further notice or action unless the improvements are to be deemed private infrastructure. 14. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 15. Escrow for City's Costs. a. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for page 5 NorthPointe 4th Addition Development Agreement July 11, 2016 the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Attachment C for breakdown of costs): i. Administration - 3% of Developer [CITY] Improvement Costs ii. City Engineering iii. Street lighting installation (by utility company) iv. Traffic signing improvements v. Boulevard tree planting vi. Street, storm sewer and pond maintenance vii. Property Taxes. Should the recording of the Final Plat occur after July 1st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting the charges. 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Attachment C for breakdown of costs): Park Dedication The City will, require a combination of land dedication and cash in lieu of land for the entire NorthPointe development. Outlot D, NorthPointe 4th Addition will be dedicated to the City for parkland. The outlot 4.59 net acres. The City and developer agreed to $25,000 per acre for land dedication credit. The negative cash balance will be carried over and balanced with future phases of development. Total #of Lots = 31 x Park Dedication fee $2,500 = Cash in Lieu Value $77,500 page 6 NorthPointe 4th Addition Development Agreement July 11, 2016 Net acres of land dedication 4.59 x per acre market value $25,000 = Value of Land Dedication $114,750 Cash in lieu total $77,500 -Value of Land Dedication ($114,750) = Cash in lieu balance ($37,250) b. The Developer shall pay 15 months of maintenance and energy costs for street lights installed within the Subject Property at the rate of $7/month/light. After that the City will assume the costs. c. Sealcoating. The Developer will pay the cost of sealcoating the streets within the development at a cost of $17,375. The sealcoating will be completed within three to seven years following completion of the wear course placement. d. Aerial Photo Fees e. Trunk Sewer Unit Charges The City established trunk unit charges to uniformly distribute the costs of public trunk sanitary sewer infrastructure. Each individual connection to the sanitary sewer system shall be charged a unit charge per SAC unit (currently at $3,073 per SAC unit). The calculation of the SAC units shall be based on the procedure outlined in the Metropolitan Council Environmental Services Sewer Availability Charge Procedure Manual. Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Attachment C. f. Trunk Water Unit Charges The City established trunk unit charges to uniformly distribute the costs of public trunk water infrastructure. Each individual connection to the water system shall be charged a unit charge per SAC unit (currently at $4,069 per SAC unit). The calculation of the SAC units shall be based on the procedure outlined in the Metropolitan Council Environmental Services Sewer Availability Charge Procedure Manual. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Attachment C. page 7 NorthPointe 4th Addition Development Agreement July 11, 2016 g. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Attachment C. 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, "the Charges") may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Attachment C). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City's written consent. c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this agreement against such property. d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. page 8 NorthPointe 4th Addition Development Agreement July 11, 2016 e. Acceleration upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer's default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: a. Site grading, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, and telephone are completed and approved by the City, except as provided below. i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home Tots shall be submitted prior to issuance of building permits for the model homes. ii. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer's escrow. page 9 NorthPointe 4th Addition Development Agreement July 11, 2016 19. Special Provisions a. Developer shall deed to the City Outlot D for public land dedication purposes. 20. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed 21. Insurance. Developer or its general contractor shall takeout and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor's work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not Tess then One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 22. Developer's Default. ` In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not Tess than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23. General. a. Binding Effect page 10 NorthPointe 4th Addition Development Agreement July 11, 2016 The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. c. Notices Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties are as set forth until changed by notice given as above. Tony Emmerich Construction, Inc. Attn: Baleen K. Roberts, President 4920173rd Avenue NE Ham Lake, MN 55304 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 page 11 NorthPointe 4th Addition Development Agreement July 11, 2016 24. Land Use Controls - Planned Unit Development. a. NorthPointe 4th Addition is a Planned Unit Development (PUD) as approved by the City Council by Ordinance No. 02-14 and Resolution No. 14-21. b. The building design standards as established in the R-2, Two Family Residential District shall apply to the single family lots except as follows: i. All single family dwellings shall have double garage at minimum. ii. All single family dwellings shall include a front porch that is covered, unenclosed and a minimum of 6 feet in depth. iii. All single family dwelling and garage elevations shall include a variation in exterior building materials such as brick, stone, rock face, concrete block, wood, stucco, vinyl, steel, fiber cement and aluminum siding. iv. Side or rear loaded garages are permitted. The elevation facing the street shall require a minimum of one (1) window. v. The garage doors shall incorporate architectural design features such as decorative windows, panels, hinges, etc. vi. Garages in excess of two stalls shall be broken up so the additional stalls are recessed from the main garage facade. vii. Garage width shall not exceed 32 feet. page 12 NorthPointe 4th Addition Development Agreement July 11, 2016 DEVELOPER CITY OF LINO LAKES By By Its Baleen K. Roberts, President Tony Emmerich Construction, Inc. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Mayor ATTEST: By City Clerk This instrument was acknowledged before me on day of 2016, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. Notary, Public' STATE OF MINNESOTA ) SS COUNTY OF ANOKA This instrument was acknowledged before me on day of , 2016 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. Notary Public` page 13 NorthPointe 4th Addition Development Agreement July 11, 2016 STATE OF MINNESOTA COUNTY OF ) ) SS On this day of , 2016, before me, a Notary Public within and for said County, personally appeared of . (Developer), who executed the foregoing instrument. Notary Public STATE OF MINNESOTA SS COUNTY OF On this day of , 2016, before me, a Notary Public within and for said County, personally appeared , who executed the foregoing instrument. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 page 14 NorthPointe 4th Addition Development Agreement July 11, 2016 ATTACHMENT A Legal Description Outlot B, NORTHPOINTE 3RD ADDITION, according to the recorded plot thereof, Anoka County, Minnesota. page 15 NorthPointe 4th Addition Development Agreement July 11, 2016 ATTACHMENT B Final Plat page 16 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: July 11, 2016 TOPIC: NorthPointe 4th Addition i) PUBLIC HEARING: Consider 1' Reading of Ordinance No. 05-16, Vacating Drainage & Utility Easements, Outlot B, NorthPointe 3rd Addition ii) Consider Resolution No. 16-64 Approving PUD Final Plan/Final Plat iii) Consider Resolution No. 16-65 Approving Development Agreement iv) Consider Resolution No. 16-70 Approving Public Improvement Surety Agreement VOTE REQUIRED: 4/5 (i) and 3/5 (ii, iii & iv) INTRODUCTION Staff is requesting City Council consideration of the above noted items for NorthPointe 4th Addition. Complete Application Date: May 12, 2016 60 -Day Review Deadline: July 11, 2016 60 -Day Extension Deadline: September 9, 2016 Environmental Board Meeting: NA Park Board Meeting: NA Planning & Zoning Board Meeting: June 8, 2016 Tentative City Council Work Session: July 5, 2016 Tentative City Council Meeting: July 11, 2016 BACKGROUND NorthPointe is a PUD residential subdivision located northeast of the intersection of Birch Street and 20th Avenue South/CSAH 54. The preliminary plat is 94.09 gross acres and consists of a residential density mix of single family lots and an 88 unit senior multi -family residence. The development consists of the following: • 216 Single Family Units (215 new lots + 1 existing home) 1 • 11 Future Single Family Units (future development of existing home) • 88 unit multi -family • 315 TOTAL UNITS This review is based on the NorthPointe 4th Addition Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plans dated May 12, 2016 and final plat received on June 23, 2016 and prepared by Carlson McCain. Previous Council Actions: • March 10, 2014: NorthPointe PUD Development Stage Plan/Preliminary Plat, Resolution No. 14-21 • June 23, 2014: NorthPointe PUD Final Plan -Final Plat, Resolution No. 14-47 • September 22, 2014: NorthPointe 2nd Addition Final Plat, Resolution No. 14-105 • August 24, 2015: NorthPointe 3rd Addition Final Plat, Resolution No. 15-86 ANALYSIS Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The PUD Final Plan/Final Plat has been reviewed for compliance with the comprehensive plan, zoning and subdivision ordinance. The proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance. The PUD Final Plan/Final Plat is consistent with the PUD Development Stage Plan/Preliminary Plat. There is a modification from the phasing plan. The phasing plan dated August 26, 2015 for Phase IV was for 51 lots and included dedication of the parkland. The proposed NorthPointe 4th Addition final plat is for 31 lots and includes dedication of the parkland. The phasing plan shall be revised accordingly. Blocks and Lots The final plat for NorthPointe 4th Addition creates 31 lots and 4 outlots. Outlots A, B and C are for future development, stormwater management and wetland protection areas. Outlot D is for parkland. There is one slight revision to the final plat as presented to the Planning & Zoning Board on June 8th. Wetlands were incorrectly shown on Outlot A, NorthPointe 4th Addition. They have already been mitigated and do not exist. The revised final plat correctly shows no wetland on that outlot. Streets The following right-of-way and street widths were approved with Resolution No. 14-21, PUD Development Stage Plan/Preliminary Plat: 2 Street Name Right -of -Way Width Street Width (Back to Back) Cypress Street 60 feet 32 feet Rosewood Street 60 feet 32 feet Easements and Easement Vacation Standard drainage and utility easements are provided on all lot lines. A Conservation Easement was also dedicated to RCWD over the wetland and buffer areas on Outlot D, NorthPointe. The applicant is requesting the drainage and utility easement dedicated in the plat of NorthPointe 3rd Addition lying over, under and across Outlot B be vacated to eliminate any potential tile issues. This easement will be re -dedicated on the plat of NorthPointe 4th Addition. The City Council approved a similar vacation with Ordinance No. 11-15 for Outlots C and D, NorthPointe when NorthPointe 3rd Addition was platted. The City Council will hold a public hearing tonight for the vacation. Public Land Dedication and Fees The City will require a combination of land dedication and cash in lieu of land for the entire NorthPointe development. Outlot D, NorthPointe 4th Addition will be deeded to the City for parkland. The outlot is 5.16 gross acres and 4.59 net acres (net acres excludes wetlands and area below the 100 year HWL). The preliminary plat indicated 5.04 acres of parkland but detailed grading and construction plans provide the more accurate gross and net acres. The City and developer agreed to $25,000 per acre for land dedication credit. NorthPointe 4 Addition Total #of Lots = 31 x Park Dedication fee $2,500 = Cash in Lieu Value $77,500 Net acres of land dedication1 4.59 x per acre market value $25,000 = Value of Land Dedication $114,750 Cash in lieu total $77,500 -Value of Land Dedication ($114,750) = Cash in lieu balance ($37,250) 1 Net acres based on Park Exhibit dated May 12, 2016 and excludes wetlands and area below the 100 year HWL. 3 To date, the City has collected $255,000 in park dedication fees on 102 lots through NorthPointe 3`d Addition. There are 82 additional lots to be platted in this development. The negative cash balance will be carried over and balanced with future phases of development. The Park Board has been working with WSB to create a master plan for the park and anticipates starting construction in fall 2016 or spring 2017. The City will install the trails in conjunction with the park development. Zoning NorthPointe 4th Addition is zoned PUD -Planned Unit Development as approved by the City Council with Ordinance No. 02-14. Comprehensive Plan The PUD Final Plan/Final Plat is in compliance with the Comprehensive Plan in terms of the Resource Management System, Land Use Plan, Housing Plan, and Transportation Plan. Alternative Urban Areawide Review (AUAR) The project site is within the 2005 I -35E Corridor AUAR and is subject to the AUAR mitigation plan. The NorthPointe PUD Development Stage Plan/Preliminary Plat is consistent with development Scenario 1 for residential medium density and complies with the mitigation plan in regards to wetlands, water use, erosion and sedimentation, surface water runoff, wastewater and transportation. The final plat for NorthPointe 4th Addition is also consistent with these plans. Floodplain Since the recording of NorthPointe 3rd Addition, the FEMA FIRM was updated effective December 16, 2015. The current 2015 FIRM indicates Zone A floodplain throughout NorthPointe and potentially on the southeast corner of Lot 1, Block 4, NorthPointe 4th Addition. The applicant has applied for and received a Conditional Letter of Map Amendment. They have also applied for a Letter of Map Revision and that is pending. The New Park is proposed within the 100 -year floodplain; no permanent enclosed structures will be allowed in the park pursuant with the City's Floodplain Management Ordinance. Development Agreement A Development Agreement has been drafted by the City and shall be executed by the City and the developer. The Developer Improvements costs as detailed in the Development Agreement will be secured with a Public Improvement Surety Agreement. Title Commitment The City Attorney reviewed the title commitment and final plat and notes consents to plat are required. Stormwater Maintenance Agreement A Maintenance Agreement for Stormwater Management Facilities was approved by the City Council on August 11, 2014 with Resolution No. 14-87 for the entire NorthPointe development. RECOMMENDATION The Planning & Zoning Board reviewed and recommended approval of the PUD Final Plan/Final Plat on June 8, 2016. The vote was 4-0 with 1 abstention. Staff is recommending approval of the following items with conditions as listed: 1. Ordinance No. 05-16 Vacating Drainage & Utility Easement 2. Resolution No. 16-64 Approving the PUD Final Plan/Final Plat 3. Resolution No. 16-65 Approving Development Agreement 4. Resolution No. 16-70 Approving Public Improvement Surety Agreement ATTACHMENTS 1. Ordinance No. 05-16 2. Resolution No. 16-64 3. Final Plat 4. Resolution No. 16-65 5. Development Agreement 6. Resolution No. 16-70 7. Public Improvement Surety Agreement 1St Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 05-16 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (Outlot B, NorthPointe 3rd Addition) The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City Council of Lino Lakes has determined to vacate all of the drainage and utility easements, as dedicated in the plat of NorthPointe 3rd Addition, according to the recorded plat thereof, Anoka County, Minnesota, lying over, under, and across Outlot B, said plat as shown in Exhibit A; and 2. A public hearing was held on July 11, 2016 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. The same drainage and utility easements shall be dedicated to the public on NorthPointe 4th Addition; and 4. It appears to be in the best interest of the City to vacate such drainage and utility easements; and 5. Four-fifths of all members of the City Council concur in this ordinance. Section 2: Easement Vacated The drainage and utility easement described herein is hereby vacated. Section 3: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon filing of the NorthPointe 4th Addition final plat. Adopted by the Lino Lakes City Council this 11th day of July, 2016. The motion for the adoption of the foregoing ordinance was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk 2 Jeff Reinert, Mayor