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HomeMy WebLinkAbout06/11/02CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 x,(763) 755 -5100 FAX (763) 755 -8923 Andover Planning and Zoning Commission Meeting Agenda June 11, 2002 Andover City Hail 7:00 p.m. 1. Call to Order 2. PUBLIC HEARING: Amend the Official Zoning Map to rezone property from Neighborhood Business (NB) to Single Family Urban Residential (R -4) for three properties at the intersection of Crosstown Boulevard and Crosstown Drive east of, north of and at 13875 Crosstown Boulevard. Staff report by Courtney Bednarz, City Planner. 3. PUBLIC HEARING: Special Use Permit (02 -08) to allow temporary classrooms for the Meadow Creek Christian School at 3037 Bunker Lake Blvd. NW. Staff report by Tyler Mckay, Associate Planner. • 4. PUBLIC HEARING: Lot Split (02 -05) to create two single family rural residential lots southeast of the intersection of Round Lake Blvd. and 181 Avenue NW. Staff report by Tyler Mckay, Associate. Planner. 5. PUBLIC HEARING: Residential Sketch Plan for Woodland Development for property located in Sections 21 and 22, Township 32, Range 24. Staff report by Courtney Bednarz, City Planner. 6. PUBLIC HEARING: Comprehensive Plan Amendment to adjust the 2020 MUSA Boundary to include Outlot C <of Woodland Estates Second Addition. Staff report by Will Neumeister, Community Development Director. 7. PUBLIC HEARING: Variance (02 -04) - Variance to ordinance No. 8, Section 6.02 Minimum District Provisions for reduction of side yard setback for proposed detached accessory building located at 1735 14e Lane NW - Richard Wagner. Staff report by Courtney Bednarz, City Planner. 8. PUBLICHEARING: To consider amendments to Ordinance 10 — (Subdivision Ordinance). The changes would include revisions to definitions, and Sections 10.02 and 10.03. This Ordinance Amendment would be Citywide. Staff report by Will Neumeister, Community Development Director. - • 9. Other Business 10. Adjournment • 0 CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 • FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plann4� SUBJECT: PUBLIC HEARING: Amend the Official Zoning Map to rezone property from Neighborhood Business (NB) to Single Family Urban Residential (R-4) for three properties at the intersection of Crosstown Boulevard and Crosstown Drive east of, north of and at 13875 Crosstown Boulevard. Staff report by Courtney Bednarz, City Planner. DATE: June 11, 2002 INTRODUCTION This item follows the recommendations of the Neighborhood Business study concerning three properties currently zoned Neighborhood Business at the intersection of Crosstown Boulevard • and Crosstown Drive. DISCUSSION The purpose of the proposed rezonings is to remove commercial zoning designations from this intersection. The properties should be rezoned to Single Family Urban residential (R -4) to reflect how this area of the City has developed. A map is attached indicating the locations of the properties. The vacant property immediately east of the fire station is zoned Neighborhood Business (NB). The Land Use designation for this property is Urban Residential Low Density (URL). The property is only 80 feet wide, which is significantly below the minimum lot width requirement of 150 feet. It is recommended that this property be rezoned to Single Family Urban Residential (R -4) to conform with the existing Land Use designation as well as the zoning of the surrounding neighborhood. 2. The property at the northeast corner of the intersection of Crosstown Boulevard and Crosstown Drive is also zoned Neighborhood Business (NB) and has a Neighborhood Commercial Land Use Designation. This property contains a single family house. It is recommended that the Land Use designation be changed to Urban Residential Low Density (URL) and that the zoning be changed to Single Family Urban Residential (R -4) to bring the land use and zoning designations for this property into conformance with the way it has developed. 3. The fire station is also zoned Neighborhood Business (NB). Public owned and operated property is a permitted use in all zoning districts (excluding public utility uses). Due to the fact that all of the surrounding Neighborhood Business zoning designations are being • changed, this would be the only site in this area to retain the Neighborhood Business zoning designation. It is therefore recommended that this site be rezoned to Single Family Urban Residential (R -4) to complete the transition away from commercial zoning designations at this intersection. Attachments Proposed Ordinance Location Map STAFF RECOMMENDATION The Planning and Zoning Commission is asked to recommend approval of the rezonings described above. Resnectfmlly subitted, Ao y Wednar'zz • is • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO. 8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: 1) Rezone land from Neighborhood Business (NB) to Single Family Urban Residential (R- 4) on approximately 3.9 acres depicted on attachment A and legally described as: 33- 32 -24 -11 -0049 UNPLATTED GROW TWP E 80 FT OF FOL DESC PARCEL: THAT PRT OF NE1 /4 OF SEC 33 T32 R24 DESC AS FOL: COM AT NW COR OF OUTLOT A BUNKER LAKE ESTATES, TH S ALG W LINE OF SD OUTLOT A 127 FT, TH W AT RT ANG 110 FT, TH NWLY DEFL TO RT 28 DEG 47 MIN 10 SEC 202 ME 33- 32 -24 -11 -0016 • UNPLATTED GROW TWP ALL TH PT OF NE1 /4 OF NE1 /4 OF SEC 33 32 24 ANOKA CNTY MINN DESC AS FOL. COM AT A PT ON THE E LINE OF SD NE1 /4 OF NE1 /4 DIST 957.0 FT S FROM THE NE COR OF SD NE1 /4 OF NE1 /4 SD E LIN And; 33- 32 -24 -14 -0038 THAT PRT OF NEIA OF SEC 33 T32 R24 DESC AS FOL: COM AT NW COR OF OUTLOT A BUNKER LAKE ESTATES, TH S ALG W LINE OF SD OUTLOT A 127 FT, TH W AT RT ANG 110 FT, TH NWLY DEFL TO RT 28 DEG 47 MIN 10 SEC 202.98 FT TO POB TH CONT NWLY A 2) All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this _ day of 2002. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk C�1 Rezoning • Neighborhood Business (NB) to Single Family Urban Residential (R -4) 13838 13821 14215 1 2521 14 32 O � 2619 260 � 14130 14129 V � N N N N N N `.) 14124 0 N N N N C.4 V 2503 LO v N 0 0 14033 N N N N N N N IT N N 138TH 2 2600 LO laoae 2215 14023 13731 14038 ( Y N ) CO 2526 N LO Ln F 14013 N N N N N N N Z Z (p 13715 00 0 14003 CO M 136 N `O Obi o L O 0 c7 13955 N N -- N N � N LO 13945 13838 13821 14215 1 2521 14 32 O � 2619 260 � 14130 14129 V � w 2248 60 r `.) 14124 0 N N N N N 2503 v N v N 23 14085 v CO N 14052 233 140 �N 0 FI 0 ' w 14063 14049 N N 138TH 2 2600 LO laoae 2215 zasz 13731 14038 ( Y N 13 2526 N 13725 N N N 13718 r N 12607 f� N M M 25271 N 2461 (p 13715 13691 14142 33 14215 1ao 14 32 O � 8 � 14130 14129 V � w 2248 _ 14159 LO M N N r 14124 14139 14092 $ 23 14085 v CO N 14052 233 140 �N 0 FI 0 ' w 14063 14049 N N 232 2 4041 n 23 laoae 2215 34 14031 14038 ( Y N 13 13950 231 14027 13940 2310 14020 14035 aozl 13930 X3951 X511 3 6 14022 14015 m 13993 13920 Q N 2230 14005 2 13917 2309 13R n' 2263 13929 13901 N c" 2249 H 0 3 2407 13900 1ao 14 13 139 0 Project Location Map cit of Andover Planning Department 230 13 E 2248 � 9 v CO N M N M N N N h (O N N y N 13 2487 N N N 1 00 CO M 136 38 13 13878 4 2315 13859 138 138TH LN ' 13647 137 n N 13643 13842 31 13835 2302 N 13829 13628 13823 137 13816 13815 13814 t'n 13811 13602 13801 13800 137 O U Z 13799 13790 J 13789 13788 137 g 13787 1 Q 13778 13777 13776 13775 13785 13764 13763 O w1 eo�u 1 0 Project Location Map cit of Andover Planning Department 0 ry0ry 0 Project Location Map cit of Andover Planning Department A t TO FROM: CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 . WWW.CI.ANDOVER.MN.US Planning and Zoning Commissioners D. Tyler Mckay, Associate Planner SUBJECT: Public Hearing: Special Use Permit (02 -08) to allow temporary classrooms for the Meadow Creek Christian School at 3037 Bunker Lake Blvd. NW. DATE: June 11', 2002 INTRODUCTION Meadow Creek Christian School is seeking approval to construct four temporary buildings for their secondary students. These four buildings would all be 24 by 36 feet. Each course would be run 45 minutes, after which a typical student would move from one classroom to another. Class sizes would range from 5 to 27 students. The School plans on operating these classrooms until their new facility is constructed and open for use by August of 2005. DISCUSSION Applicable Ordinances Ordinance 8 Section 5.03 regulates Special (Conditional) Use Permits. Criteria for granting of a Special Use Permit: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and land, 3. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. Ordinance 8 section 7.01 Permitted Uses 1. Schools are permitted in all zones. Fire and Building department requirements Fire Marshal comments: 1. All the classrooms must have fire alarms interconnected to the main school's existing fire alarm system. • 2. The corridor between the classrooms and the main school building must also have fire alarm protection and must be rated. 3. The exits must have an unobstructed passageway to the public right of way. Some type of sidewalk or path which is clear at all times to the road or parking lot would be acceptable. 4. The propane tank shown on the diagram must be 10 feet from buildings with fire resistive walls, 25 feet from buildings with other than fire resistive walls, 25 feet from building wall openings or pits at or below the level of the point of transfer, 10 feet from public ways including public streets, highways, thoroughfares, and sidewalks, and 5 feet from driveways. There are also installation requirements (vehicle protection, anchoring of tank, ect) which would be addressed at the time of installation. Additionally, the Building Department has found that according to the drawing, the corner of the temporary classrooms is three feet (3') from the gym. An additional seven feet (7') would be required in order to bring this structure up to code with a total of ten feet (10') of separation. The site plan also needs to be signed and any existing or proposed utilities need to be shown. Additional Information • The applicant has submitted a letter summarizing the details of the proposed Special Use Permit. Attachments Resolution Location Map Sketch Letter from Applicant Public Notice RECOMMENDEDATION It is recommend that the Special Use Permit (02 -08) be approved subject to the conditions in the proposed resolution. Respectful 1 �V D Mckay Cc: Wendall Harris, 3037 Bunker Lake Blvd. NW • �4 - • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF MEADOW CREEK CHRISTIAN SCHOOL TO ALLOW TEMPORARY CLASSROOMS FOR PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW. WHEREAS, Meadow Creek Christian School has requested a Special Use Permit for temporary classrooms for property located at 3037 Bunker Lake Bouleavard, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8 Section 5.03, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit request; • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit for temporary classrooms on said property with the following conditions: 1. All the classrooms must have fire alarms interconnected to the main school's existing fire alarm system. 2. The corridor between the classrooms and the main school building must also have fire alarm protection and must be rated. 3. The exits must have an unobstructed passageway to the public right of way. Some type of sidewalk or path which is clear at all times to the road or parking lot would be acceptable. 4. Any propane tank must be 10 feet from buildings with fire resistive walls, 25 feet from buildings with other than fire resistive walls, 25 feet from building wall openings or pits at or below the level of the point of transfer, 10 feet from public ways including public streets, highways, thoroughfares, and sidewalks, and 5 feet from driveways. Installation requirements will be addressed at the time of installation. 5. A minimum often feet (10') would be required to separate the classrooms from the gym. • 6. The Site Plan will need to be signed. 7. Upon sale of the premises for which the Special Use Permit is granted, such Permit shall terminate. -3- 8. This Special Use Permit shall be subject to review at any time the City Council determines this use of the property becomes detrimental to the health, safety or general welfare of the community. 9. Subject to Building Official and Fire Chief inspection. Adopted by the City Council of the City of Andover on this of ' 2001. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk • • Michael R. Gamache, Mayor —4— Special Use Permit Temporary Classrooms e Meadow Creek Christian School ~ - ~.~'~'=..; :;;;: ~ = I I I I I I II ~l!lI ~I~ II. _ - - -; ~ 2M3 cr::o< K ~ ~ WW8 _ ...,..... _12:03111 i_ t; lIo..... '1462' 1_ liiii;uE: - '11/iIJ _ - '"CJ' - - - - ~ -I"" 1- - - - q~ y ~ ~ ~ ",I-'" ~ - I - .I'ft~~. - -- ;;;; = ~ _ :M~.... __ ~ ~;:' -"~~=::= - - =-= .', - - ~ -. -.. .' ~ b--:~~ '0: ~::;a ~ -lrJ - - ... ~72lI _, ~ 1 r.; ';; I _,_ '-, rn~,- _ _ - IL- --.1-1. i_ _ _d~ Kll1l II j-rl''14 3160 : __ ~_ "",IPi!lliliJ.%,..L \\ *' lillln !llninln!! ili! F-- ,-----.... _, """'f';r. 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I f- ".,.,1-;;0 i".. 1-111-1...1-1- 'm, \1 '-,4 liT'i j1iliTiIl\~; ~ _~!I_TM,' _ ,_.._ "d-€!ft,.", ~ "" I e Project Location Map City of Andover Planning Department ...5- • Application for Tempora[y Buildings -3037 Bunker Lake Blvd Meadow Creek Christian School is a ministry of Meadow Creek Church and shares in usage of the church facility on Bunker Lake Blvd. We are currently suffering from a lack of adequate space to best meet our students academic needs. We are in the process of our long range planning. We know that we will be expanding our facility. It this time it has not been resolved whether our new building willl be constructed at the present location or at another location. Whichever way we decide, we need space at this time and it will take us probably three years to get the additional permenant building funded and constructed. As the plan shows you, we would like to put in four buildings. All are 24x36 and all four will be used as secondary classrooms. Our secondary students have 45 minutes per course and then they will move on to another class so typically no one student will be in one of the "portable" classrooms for over an hour at any one stretch. Class sizes range from as small as five to as large as 27. Regardless of where the individual class size falls within that range, these buildings are large enough to accomadate that many students. These portables would be installed behind the current buildings "between" the our newer gymnasium the back road and the classroom wing of the central portion of the permenant building. At that location, they will not be visible from the Bunker Lake Blvd. Indeed, they willl only be visible to anyone off campus from about 150 to 200 yards away some private residences which are adjacent to the church proprerty's north border. • As stated earlier, we intend to use these temporary buildings until our new facility is completed. Once the school is moved into the new facility, we will no longer have need of these buildings and will have them removed. Our plan is to have the new facility constructed and open for use by August of 2005. —6— CITYOEANDOVER COUNTY OF ANOKA STATEOF MINNESOTA The. PlanningandZoning Commission of the ,_City of Andover WHlholdapublic hearing at 7:00 p.m., or ~s soon thereafter as c~nbe he",rd, on Tuesd<:lY, 'June 1.1, 2002 at Andover City Hall, 1685 Crosstown Blvd NW, And9ver, to review a Special Use Permit to allow temporary classrooms for the Meadow Creek. Christian School at 3037 BunkerLakeBoulevard,NW, described as: In the southwest quarter of the northwest quarter of Section 33, ToWnship 32 Range 24, AnokaCounty, Minnesota . e, All written and verbal comments will be received atthattime and location. , A copy of the proposed applicationwHl be available for review prior totherneeting at City Hall. Please contact Courtney Bednarz, City Planner with any questions at (763) 767-5147. CURRENT RESIDENT 32 JONQUIL ST OVER, MN 55304 333224320027 CURRENT RESIDENT 13634 HEATHER ST ANDOVER, MN 55304 333224320049 CURRENT RESIDENT 13641 JONQUIL ST ANDOVER, MN 55304 333224320057 CURRENT RESIDENT 13880 HEATHER ST ANDOVER, MN 55304 333224230016 CURRENT RESIDENT 13888 IVYWOOD ST ANDOVER, MN 55304 333224230014 CURRENT RESIDENT 13894 HEATHER ST ANDOVER, MN 55304 333224220029 CURRENT RESIDENT 13905 IVYWOOD ST ANDOVER, MN 55304 024220016 CURRENT RESIDENT 13917 HEATHER ST ANDOVER, MN 55304 333224210043 CURRENT RESIDENT 2936 139TH AVE ANDOVER, MN 55304 333224240026 CURRENT RESIDENT 2955 139TH AVE ANDOVER, MN 55304 333224210052 CURRENT RESIDENT 2978 139TH AVE ANDOVER, MN 55304 333224240023 NT RESIDENT 3038 BUNKER LAKE BLVD ANDOVER, MN 55304 333224320045 CURRENT RESIDENT 13885 IVYWOOD ST ANDOVER, MN 55304 333224230015 CURRENT RESIDENT 13891 IVYWOOD ST ANDOVER, MN 55304 333224220028 CURRENT RESIDENT 13896 IVYWOOD ST ANDOVER, MN 55304 333224230013 CURRENT RESIDENT 13912 HEATHER ST ANDOVER, MN 55304 333224220030 CURRENT RESIDENT 13924 HEATHER ST ANDOVER, MN 55304 333224220031 CURRENT RESIDENT 2939 BUNKER LAKE BLVD ANDOVER, MN 55304 333224240002 CURRENT RESIDENT 2964 139TH AVE ANDOVER, MN 55304 333224240024 CURRENT RESIDENT 3024 BUNKER LAKE BLVD ANDOVER, MN 55304 333224320044 CURRENT RESIDENT 3060 BUNKER LAKE BLVD ANDOVER, MN.55304 333224320047 CURRENT RESIDENT 13887 HEATHER ST ANDOVER, MN 55304 333224230017 CURRENT RESIDENT 13893 HEATHER ST ANDOVER, MN 55304 333224230018 CURRENT RESIDENT 13897 IVYWOOD ST ANDOVER, MN 55304 333224220017 CURRENT RESIDENT 13914 IVYWOOD ST ANDOVER, MN 55304 333224220027 CURRENT RESIDENT 13926 IVYWOOD ST ANDOVER, MN 55304 333224220026 CURRENT RESIDENT 2950 139TH AVE ANDOVER, MN 55304 333224240025 CURRENT RESIDENT 2971139TH AVE ANDOVER, MN 55304 333224210053 MEADOW CREEK CHURCH 3037 BUNKER LAKE BLVD NW ANDOVER, MN 55304 333224230006 CURRENT RESIDENT 3112 BUNKER LAKE BLVD ANDOVER, MN 55304 333224320039 --Jr- CURRENT RESIDENT W 139TH AVE OVER, MN 55304 333224230012 CURRENT RESIDENT 3124 BUNKER LAKE BLVD ANDOVER, MN 55304 333224320038 CURRENT RESIDENT 3132 139TH AVE ANDOVER, MN 55304 333224230011 CURRENT RESIDENT 3136 BUNKER LAKE BLVD ANDOVER, MN 55304 333224320037 CURRENT RESIDENT 3148 139TH AVE ANDOVER, MN 55304 333224230010 CURRENT RESIDENT 3163 139TH AVE ANDOVER, MN 55304 333224220006 • i CURRENT RESIDENT 3143 136TH AVE ANDOVER, MN 55304 333224320029 CURRENT RESIDENT 3148 BUNKER LAKE BLVD ANDOVER, MN 55304 333224320036 CURRENT RESIDENT 3164 139TH AVE ANDOVER, MN 55304 333224230009 CURRENT RESIDENT 3147 139TH AVE ANDOVER, MN 55304 333224220007 CURRENT RESIDENT 3155 BUNKER LAKE BLVD ANDOVER, MN 55304 333224230003 CURRENT RESIDENT 3178 139TH AVE ANDOVER, MN 55304 333224230008 • 0 Z b Q 111 _l= 111 ui a z� 60 _ie- Z F- Q } LL1 's W r— � ui _ --- - - - - -- ieeae / / 7 I 1 I ! I I I ! 1 I I I I r I 1 I r � I � r - - - -_ I CO u •..' 11 1 1 I I I � / I I LU w s 1 J / / / A U CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: D. Tyler Mckay, Associate Planner P 1 SUBJECT: PUBLIC HEARING: Lot Split (02 -05) to create two rural residential lots from property located at 18015 Round Lake Boulevard NW. Staff report by D. Tyler Mckay, Associate Planner DATE: June 11` 2002 INTRODUCTION The property owner is seeking approval of a proposal to divide the subject property into two single family rural residential lots. An existing house on the southern half of the property will remain and one new lot will be created. 0 DISCUSSION The attached survey indicates how the property will be divided. Both lots will exceed the minimum lot width, depth and gross area requirements of the R -1 Zoning District. Applicable Ordinances Ordinance 40 regulates the division of lots. Ordinance 8, Section 6.02 establishes the provision for minimum lot width, lot depth and lot area for zoning districts. The minimum requirements in the R -1 districts areas follows: • Lot Width at Front Setback -- 300 Feet • Lot Depth -- 150 Feet • Front Yard Setback -- 40 Feet • Rear Yard Setback -- 50 Feet • Lot Area per Dwelling -- 2.5 Acres Both lots will exceed the minimum lot width, depth and setback requirements of the R -1 Zoning District. The area requirements of the R -I Zoning District will be exceeded with 2.82 gross acres which include the portion of Bunker Lake Boulevard owned by the applicant. The net acres of • the northern lot are 2.20 acres and the Southern lot would be 2.47 acres. Ordinance 8. Section 3.02 defines Lot Area as: "The area of a lot in a horizontal plane bounded by the lot lines." This definition of lot area is included in the gross acres amount. . Anoka County Anoka County has indicated that they will require a dedication of an additional 10 feet of right of way from the current 50 feet, a total of 60 feet along Round Lake Boulevard. This would take an additional 5,920 square feet from each net lot area. This would not change the total gross acres while slightly decreasing the total net acres. The County is restricting access to 181 Avenue only. Further, they would also like the driveway access to be placed as far to the east of the property as possible to allow the maximum distance from Round Lake Boulevard. This will be a condition of the resolution. Utilities No sewer stub currently exists to serve the new Iot. This lot is outside of the 2020 MUSA. The purchaser would need to dig their own well. Attached soil boring data show a septic system can be safely placed on this property as well as buildability. The attached survey shows the two possible 5,000 square foot (10,000 square foot total) septic areas. Staff Recommendation It is recommended that the Commission recommend approval of this lotsplit request subject to the conditions of the resolution. • Attachments Resolution Location Map Property Survey Soil Borings Public Notice RECOMMENDATION The Planning and Zoning Commission is asked to recommend approval of the proposed lot split. Respectfully submitted, D. Tyler Mckay Cc: James M Szykulski, 19519 E Front Blvd NE, East Bethel, MN 55092 • • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR JAMES M SZYKULSKI TO SUBDIVIDE PROPERTY INTO TWO RURAL RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 18015 ROUND LAKE BOULEVARD NW LEGALLY DESCRIBED AS FOLLOWS: That part of the Northwest Quarter of Section 4, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the Northwest corner of said Northwest Quarter; thence easterly on the north line thereof, a distance of 425.00 feet; thence southerly, at a right angle to said north line, a distance of 592.00 feet; thence westerly, parallel with the said north line, to the west line of said Northwest Quarter; thence northerly, along said west line, to the point of beginning. Subject to road easements over the north 33.00 feet and the west 50.00 feet thereof. WHEREAS, James M Szykulski has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 18015 Round Lake Boulevard NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8 and 40; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The applicant shall submit to the City three signed original copies of the survey. 2. The purchaser of the property shall be required to conform with all of the requirements of the City of Andover Building Department. 3. The applicant shall pay park dedication in the amount of $1,700. • 4. The applicant shall pay a trail fee in the amount of $412. 0 5. The applicant is restricted to access to 181 Avenue only. The driveway access is to be placed as far to the east of the property as possible to allow the maximum distance from Round Lake Boulevard. 6. The applicant is required to dedicate of an additional 10 feet of right of way from the current 50 feet, a total of 60 feet along Round Lake Boulevard for Anoka County. 7. The applicant shall establish a 10 foot easement around the perimeter of the property. 8. The applicant shall establish flood elevations and appropriate easements. 9. The lot split shall be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this day of , 2002. CITY OF ANDOVER • ATTEST: Mike Gamache, Mayor Victoria Volk, City Clerk • 4 Lot Split SE corner Round Lake Boulevard and 181 st Ave NW • City of Oak Grove 3026 3521 1 � 16011 ,8099 I6D31 + 3350 331 ,)D61 17M 2700 ,7819 nx1 ,9000 � 9520 9428 3386 g 1924 3026 3521 3]06 2D12 � 16011 ,8099 I6D31 + ,9000 179D] +1915 17M 2700 nx1 ,9000 � 9520 9428 3386 g ,]D•v9 @ ,900, � ,7702 ,7950 [CQ$5 3015 2885 '7865 „W w 17M '7796 2111 M1 1]75) 177N 11759 i]BIH PVE 17189 i ]139 '7916 11920 2701 3396 334 H N Z730 11131 17726 1)]33 1 2825 3591 3521 345 3615 9995 3315 9315 1]9]0 1]850 +1915 17M 2700 nx1 n49 9520 9428 3386 g � ,7702 3395 '7865 „W w 17M '7796 2111 M1 1]75) 177N 11759 i]BIH PVE 17189 ]139 3396 334 H N Z730 11131 17726 1)]33 2825 IT)38 '7725 11150 Imo n,o 2880 MU 17997 MW MIA ITTfA 11880 330D 9283' ]235 17648 1707 17901 17912 +7909 ON 00D 17819 } 1762(1 176,1 1)820 9290 3208 17011 1]911 3515 175N m 17550 17010 0 11569 17576 qq 4 17561 1 1 175/1 ' pp KUK o 17962 3532 '7530 3619 3001 3349 A 3261 3253 9225 17565 2090 175TH W 5TH LN 1)523 )5 4 159 17525 5170 3070 9016 9400 3350 3300 3246' 'r" 315] 900.5 17510 17500 +7695 1]S1D 44 e n R 3271 3207 ; 174TH IN Y 17455 9051 J 299] £ 2991 m a 2JSJ ',yy5a vn » o ().1 '7441 3f53 3092 9028 11462 1] f0 0.53 O n ZTlS 11301 953D 17436 6688 � w y 11636 1 743 9 g 2806 + >61'H '7424 15 1)425 3155 312D 3103 3055 3023 11615 '70.1 17422 17497 B Q 117609 74TH AV 17416 y 390.5 11x08 von m 17 Z ,)4TH AV 2924 +� 28)6 3526 401 3213 O 316 2A26 9151 9122 3051 3028 ?J10 1 9350 1]364 gS 1799, � w 3232 9212 1]32] � 1]3]1 3123 306] 3019 17304 1]35] 17$76 3%1 3531 3511 3055 3636 3115 1919 3329 990D 325+ 3231 3211 • Project Location Map -S- City of Andover Planning Department .0 • %r u Al A A A• L V h 1 G V A,'.. F OR Slr 0 U A V I x m" in xmyc mu, m l YbCU�sK l fMEASUREMENTS SNOM IN FEET AMU 6E62AfALS OF A FOOD IW2 JEFFERSON ST. NE. ' TMiS is NOT A OOIAJDARY SURVEY COLUA3A FEMS. W 55121 I HEREBY CERTIFY 11NT THIS PLOT PLAN VAS PREPARED 1611 786-OM FAX 1611 768 By P R O POSE D OR DER DIRECT PU'ERVISION MAT PROPOSED PLAN N UI TLSH CORRECTLY SHOWS V OF A PryOPOSEO 10 4 Oc"2— 6UILDIIA7 an THE LAND ILIiE M-OWRI RIOED AN) Him G R A DE S DATE I AM A DOLY L I " LAVS iSED SUiVEYq -' OF 11 7E s0 —__- O = IRON MONUMENT - 0 0 , ! - 90 4.0 DARAOE SLAB • • SPIKE SET Randy L. Kurl S. No. 26276 TOP OF BLOCK - 901 sgAL a IR < -�' EXISTING ELEVATION Russell J. Kurth. S. No. 16117 89G•5 13ASEMENT FLUOR 1 1 = PROPOSED ELEV. E- = DRAINAOE ARROW O B 01L1 AIDS C3`C {KAR SZ - T'R.A - CIAL GLL BL•ARI Tl6S A.RC PER A0040% 6,0• VnlpC.(i_ SGPERATL P - OYc.z NO M.OTLLES r-OU 890• OVC[ST>kcl SCC'TION. DRC_gKDAV.LI:L {hwovb, Co. SURVEYQ 4M 66NC0Kkv-K- uSCD A to q couuTY 5ecoimv OROGT_ <-(,- s��G Coq,. 60p1t' gl_UE Pla6G: 41 Cl- EV,4TIpp1, $qq ;,13 900 , PP_OPOSCD Comowt. -' _ ---_ -._-- `- -._ - 6 5vc -_ -' y 6AR0 % mom — --- A I - r--- - - —a— 4 Z 0 - - _ i _r r i 1 E • n rl � l a it S 690 - - - - - Ilk BZ I r j 110 it p / c CiRpsS 4 WDil 3�,o00 '�C- PRO OSLO 5PE11' l,lly -- _ I y DO '�.; DRA Iti1 KELP IT A � I I 4 L046 � 9 of -M l \� \1 oc. Sao -Sa F-T. 1 \ ; 89 " or Roce- fib 1 F- f �J 1 ( I f 5iz- 01.11 1 I J 7 O W; > gqs _ r, oa r \ \ Pa.IrtiT a , l � \ . �^ S'r {nd.rcD b¢dP 0 I I' n � 4 ra myl 1 rid G ' 1 \ F t \ LID o� ly i v`4k e ,v p� 99 -I � v'v w� b IN \ I _ c c-- c- s HLL - COP `- LG�z�I- DF °SC2 \P- (l[IhLS ii 1 1 I i .P, ifi i Ifli r L 1 I l 1 � ,� � i O i 1 J Qi I o ll 6AR0 % mom i 1 A 690 - - - - - Ilk BZ I r j 110 it p / c CiRpsS 4 WDil 3�,o00 '�C- PRO OSLO 5PE11' l,lly -- _ I y DO '�.; DRA Iti1 KELP IT A � I I 4 L046 � 9 of -M l \� \1 oc. Sao -Sa F-T. 1 \ ; 89 " or Roce- fib 1 F- f �J 1 ( I f 5iz- 01.11 1 I J 7 O W; > gqs _ r, oa r \ \ Pa.IrtiT a , l � \ . �^ S'r {nd.rcD b¢dP 0 I I' n � 4 ra myl 1 rid G ' 1 \ F t \ LID o� ly i v`4k e ,v p� 99 -I � v'v w� b IN \ I _ c c-- c- s HLL - COP `- LG�z�I- DF °SC2 \P- (l[IhLS .0 - RON : Panasonic FAX SYSTEM PHuHr= I lu : E-12 7573 6222 Mar. 29 2002 09:20AH F1 • SOIL BORING AND PERCOLATION TEST REPORT Name �) I 1vj S - Z- Addrcs3 01 FINDINGS D 7— - zo - 0z g 7 Plan Skutelt- See Attached General Notes: 0 civawks: Mark Tradewell — Consultant e: 753-6222 —7— Q Soil Type s4yv v - 7 - 7 - 7 - 714 -,7 - 7 Dcpih- C-14- L( - adj . ..... g 7 Plan Skutelt- See Attached General Notes: 0 civawks: Mark Tradewell — Consultant e: 753-6222 —7— CITY OF ANDOVER COUNTY OF ANOKA "STATE OF MINNESOTA The Planning and Zoning Commission of the City of Andoverwill hold a public hearing at 7:00 p.m" or as soon thereafter as can be heard, on Tuesday, June. 11, 2002 at Andover City Hall, 1685 Crosstown Blvd NW, Andover, to review the' Lot Split Request to create two single family rural residential lots southeast of '.' the intersection of Round Lake Boulevard and 18151 Avenue NW, described as: In the northwest quarter bf the northwest quarterof Section 4, Township 32 Range 24, Anoka County, Minnesota , All written and verbal comments will be received at that time and location. A' copy of the proposed application will be available for review prior to the meeting at City Hall. Please contact Courtney Bednarz, City Planner with any questions at (763) 767-5147, . CURRENT RESIDENT RADEMACHER WILLIAM C & ]&46 ROUND LAKE BLVD KAREN L OVER, MN 55304 6272 BOONE AVE NO 053224110001 BROOKLYN PARK, MN 55428 CURRENT RESIDENT CURRENT RESIDENT 18000 ROUND LAKE BLVD 17975 ROUND LAKE BLVD ANDOVER, MN 55304 ANDOVER, MN 55304 053224110002 043224220010 CURRENT RESIDENT 17925 ROUND LAKE BLVD ANDOVER, MN 55304 043224220011 • • CURRENT RESIDENT 3028 181ST AVE ANDOVER, MN 55304 043224220009 CURRENT RESIDENT 17924 ROUND LAKE BLVD ANDOVER, MN 55304 053224110010 - -7- '0 9) TO: 0 FROM: CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Planning and Zoning Commissioners Courtney Bednarz, City Planntk SUBJECT: PUBLIC HEARING: Residential Sketch Plan for Woodland Development for property located in Sections 21 and 22, Township 32, Range 24. Staff report by Courtney Bednarz, City Planner DATE: June 11, 2002 INTRODUCTION The Andover Review Committee has identified a number of concerns with the proposed sketch plan that will require a revised drawing. This item is not ready to be reviewed by the Planning and Zoning Commission at this time. It is recommended that this item be tabled to the June 25 Planning and Zoning Commission Meeting. A new notice will be mailed to the neighborhood prior to this meeting. DISCUSSION The City has 60 days to review this type of application. The application was submitted on May 22, 2002. Sufficient time remains to review the application provided no significant delays occur. STAFF RECOMMENDATION Please table this item to the June 25th Planning and Zoning Commission Meeting. Attachments Location Map Sketch Plan Review #1 Letter Sketch Plan Respectfully submitted, i Cc: Woodland Development 13632 VanBuren Street NE Ham Lake, MN 55304 0 - , Residential Sketch Plan Woodland Development - -~ ,., - l,,'L .. ).. _ === I.' ..t!~, _ _ - gin." - I . ~ - - .. .. ......"" - .. '-- ..1- - ,- - L~ .. I. r 1.,,1 m...", r- - - - -.... - 1111STAVE 1 _ _ - ~ .. T ., I Nij"" - ~ :@:~II-6I'- -.. - ~/ WI::: == 1- - ;-.- ~ -;-~\-. - -- / /,- I - 1- - ~ ~ _,I -, - _ -::- - :: = - ":: - II _ f--- =- -, .. ,- , ~ '"" - ~l- / H I ~ _ ~ = _, I.. '_ ~~ _ o~ I~ .. ~~ _ ,. I - "- .. --1'* b' 'I IT- ~ _ _ ,-1 - rmo [:)...c-----.. ~ .1iImzz:: I--L- ,_ _ \... L- ~~~_ I-tt , 0 ~h ~ ,n ..____.. ..I-! 0 c:::; , :: 1:: ~ j _ ill" ~i,"lifilil', - _I - = 1---.-> - I I... .. .. _ .. _ J..L ,_"'"'' ~ ~~ T I ,- "il- , '-. ~ -..., '''1 - '_,::: _'~ o __ I~ l- z_ _ I I. I __ ~" ....,...fir.--., _. -' - .. .. .. , ~- -= _. I L..-::;'_." lL ~ - .. 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I - - \ ~ :!, r _ _ -- -; /II 111,[,1, b" I -, I - -, -., - ::: - Jifi!11i In II" I1!i I .l ~_. - -1_. - - . 1111,11 III , """ "I _'II!II.llIli!I"-' ~ - - , 111'11''''-', -II - .,," , --Ii """1_ __ _ " II. _11_- ~_ ~!_:: ~ - - - - -/ -: : ~r, - I ~ ~ :: . ~ / --I~ ~ '- ;;;m-j[_ - I -~- '--- - .:i1il=:_1I,;. - ~ - -- g - -1_ L- ;/'~-E '(1',-'" ~. I~ ~~I _ :. - - ~-y[ ~ I '\.. ~~I_ - .. - :,,"~ I r ~~~. ~ :::..-----..,- - "I!!illJjj I ,,- 111111111II!IIIIliI'~llIiliIill i9 _ ~-:::::r-;- , . · Project Location Map C ""of Andover P hnn:hg D epaJim ent , . 1 i 5 � ��..f , x 2 j 1 i ' +' ~ � V '� �� � e , s Z W , n .' ' tom• .. ... r .. .. °' 1685 QFFOSSTOWN Bbl1LEVARp N.1N' • ANQOVER, MINNESQTA553Q4 • (7�3j, 755 510D FAX (7S$} 755 89'3 * s r - I. Ij ., " , ,:., , 3une 4 ,Op� % Byron; Westland Woodland �e . .. oPinent , ,, •3632 anBuren�treetNE ' n o, . 11 , Hain La1re, MN .:553114 . ; Re 5kvfich Plan Revaecv #1 :fo'r L W66 land Estates Fourth Addition i I , bear Mr. Westland .,•. , i. The Andover Review Gortimittee has reviewed the proposed sketch and has the.following ;comments` 1 The 5 5 acres uh ediately not Ih of the propdsed Woodland Estates Third ` k L. Additibn'is currently in Agricultural Preserve and` °cannot be reviewed for ; " 11 development at thus time:'. ` :.,: The 40 acre parcel to the northwest of this properly is butsxde the 202A MLJSA ounalaryand,withua the Ct"s'- RuralReserve Study Area; This property cannot -1 L be reviewed for development at thus tuner' ;' 3 . Undeveloped property to the north between Ntghtingale Street NW and l53`" . 11 Lane NW, needs to be included ir'i'`the sketch 11 �� ," 4 street connection to the undeveloped property t, the should also be L included` as a gait; of the:sketch , "4> = 5 st feet connection to , e� exception to the plat on Nightuigale street also needs to ` lie grovit ed' ` 1. y.. b The eastwest street wi117ikelyhecome a collector. street Additional fight =of may a _. '. L 1, will need to lie provided '' . . . 7 'Additional fight =of way at the street connection with Niglitingaie S£�eet l*1W will . .1 I be needed, 'ftRar to Woodland E$tates.,Second Addition:' 11 r r'. 1 8 . The radius o the `s° curv6 of the `east west street heeds to. be Increased IL 1. ,:; °' r :Y 4 5 On .. .. '.: .'.I. •r 5 ! I L IMML , f t f 9. A curvilinear street should be added to enhance the project design as was. ; provided for in Woodland Estates Second Addition 10 Trafic control measures will need to be dikiissed`for the east us est street. 11 The muunum proposed tot size needs to be included in file sketch 12, The overhead electrical lines along the north edge of the plat are r a'sigaificant feature, and should bb included iii the sketch along withal e 33 font wide`easement tlxat exists along the soutti edge of theNighhngale estates Thud Addrtagn 11 The farm road 1s a significant feature and shotildbe mcluded•2n the sketch How>,, I W, acces's'to the west continue` to be provided '',, ; - 14. trail along nightingale.Street NW will need to be provided 15. The development will ;likely need to'pr-ovide an internal pedestrian trail along t17e; east west street as it wi11'become a significant transportation corridor as development continues to the west • 1.6. Easements vill need to be prom ed to allow utilXties to be 166,p d between .cud -de- sass , 17. Park dedication will,need to be review,ed.by the Park and Recreation Couumssion „< 18. The project w�li continue to be evaluated, for compliance; with all "_City Orcllnances as review Contuues, " ;„ L? 19. Based on the number f* s* that need to be adjusted withal the sketch files item Mil be tabled of the June' 11, 2002 Planning and'Zoning CoiYimission Ivleeting to -' allow time for aeviserl$ ketch to be prepared aiid reviewed by staff This will . "not affect submittal of a Preliminary Plai which4ill need to b&sS bnn ed no -later than July 1; 2002 for.the;project to have`the possibility,'of constructs ©n iii 2003: J . i belie�ie that it 1 importan "t at ttus point that we meet to!dascuss'these items to ensure that `'a r &vised sketch'can�be prepared`and zev ewed iu a•timedy manner Please, call me at X67- ' 5147 `so .that we , schedule; a date to meet with City staff , Sul' ely o e City Pt er Cc Andover Review Comnuttee y , ' S i 40-M a Qo let lip 1 fill LIJ CT F-91 j ig �1 ;] F ' CITY OF 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Will Neumeister, Director of Community Development AbL SUBJECT: MUSA boundary adjustment for Woodland Development DATE: June 11, 2002 INTRODUCTION Mr. Byron Westlund, Woodland Development Corporation, has requesting in writing that the City review a Metropolitan Urban Services Area (MUSA) boundary adjustment for a five acre property that is located west of Woodland Second Addition. The property had a sketch plan review in March, 2000, the subject property is currently outside the 2020 MUSA boundary (see attached map). DISCUSSION The approval of the requested MUSA line adjustment would allow Mr. Westlund to submit a preliminary plat for an in -fill subdivision. Based on the following reasons, it is proper to include this parcel in the MUSA: • • All City utility services are stubbed to the property. • This five acre tract would be a logical extension of Woodland Second Addition. • The five acre tract has been verified that it is not in the Agricultural Preserves program. STAFF RECOMMENDATION Staff is recommending approval of the changes in the MUSA boundary to accommodate the five acre residential development that Woodland Development is contemplating. It should be noted that the final MUSA boundary change will be reviewed by the City Council, but must be forwarded to Metropolitan Council for approval of a minor comprehensive plan amendment. Once Metropolitan Council has approved it, then the Council may place it in effect: ACTION REQUESTED The Planning Commission is asked to make a recommendation to the City Council on whether or not a MUSA boundary line adjustment (minor comprehensive plan amendment )should be approved to include the five acres within the MUSA area. Respectfully submitted, Will Neumeister ANDOVER 'LnJ ATTACHMENTS: • Letter from Mr. Westlund Location map Sketch plan of the five acre tract Y CJ May 2, 2002 Mr. John Erar City Administrator CITY OF ANDOVER 1685 Crosstown Boulevard NE Andover, MN 55304 RE: COMP PLAN AMENDMENT Dear John, • We are the owners of Outlot C of Woodland Estates Second Addition. I have been talking to Courtney regarding the possibility of platting this. It has come to our attention through the county that this property is not in Ag Preserve: I believe a letter was sent from the county to Courtney regarding this issue. We are in the process of proceeding with our plat. This plat has been through the sketch plan but not through preliminary plat. It has also come to our attention that this parcel is. not located within the MUSA boundary We are requesting that our property be included iri the MUSA boundary and could be staged for development in 2000 to 2005. Since all the services are stubbed to this parcel, it would make sense to include this as a possible infill subdivision. I am asking you to consider our request and have this placed on the city council agenda for discussion. Thank you for your attention to this matter. If I can be of any further assistance, please feel free to contact me at 763 -427 -7500. Sincerely, Byr D. Westlund Exe . 've Vice President • bma I 1 I � I ZONED —1 I Z I ' I 1 N89*41'347E - -�j 0 N 21251.7554 — 16.d0 ET3012° —'2867 sq.ft. 4,�7 ac a-� \ . I , ----- -- - - --- II _ ----- 11 I\ I I i J 1 I 1 0- O N 56128', 79444 `� / \ i N 207 E 302 a 0 316.1 i 10 34.29 3o t75v r-- Een, JI I $ IOD2sq• I J 0.44 qrr es i � 0.32 acre I� 13,720 sq.i { Easamx !�. 31 acfe I 1 Cry 133 .2 I J -- - - - --- - � -- Nl1o` «nP p CC) ` _-- __ - -- 4 � 4 /'Slr�st fi y I s+ �r I i 951 r -- �� rn I � 11 4.0 15 t94 sq.ft. 'moi I l 0.35 orres �.Py ii I y - - g5,6$ —� g9. -79 ' -- r °o 13 9_ 6 5 - 3 ns.a \1 t 12.3 r— O 20,416 sq.fi. J 0.47 acres ^ / 5 c�j O i 1 sq.(t. i j 17,102 sq.ft' 0.40 o J 1 LO . 39 acres) 1 115.00 77.13 --------- r - �9. 12,750 sq.ft.l 7 9 �� - r - - - - -- r - - - - -- r� 6 I 4 qi c ft. fl 27 oc 1 i 27 ocre acres i I .29 acre o N 20818.>a288 ! ui 1 1 I y l o f I N E 30234.1532 / M I 1' M I 1 M I I goo 65 4 L- 94_SQ --j �- 9364 _� �_ 90_Od _� � 75 -QO - 15 1 �24 A X6 258.10 j 80.02 -� r - - - - -- r -- 9.60 . I I 9386 INN 89.6Q I I � 74.59 l I °Q - 100.0 I 1 93.9 1 91 "l 27 �I 4 1 21 16 � 1 f 4 ft. I s .f s es 1 . a p e res L --- ., La • CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planno* SUBJECT: Variance (02 -04) — Variance to Ordinance No. 8, Section 6.02 Minimum District Provisions for reduction of side yard setback for proposed detached accessory building located at 1735 148 Lane NW — Richard Wagner. DATE: June 11, 2002 INTRODUCTION The applicant has requested that this item be tabled until the City has completed its review of the regulations concerning accessory structures. This item was previously tabled to this meeting because it was anticipated that the ordinance amendment affecting Accessory Structures would have been approved or denied by the City Council by this time. The Council will review the • ordinance amendment on June 18, 2002. The applicant has requested that the item be tabled to the July 8 Planning and Zoning Commission Meeting. He would be interested in pursuing the variance if the side yard setback for accessory structures is not reduced as previously recommended. DISCUSSION The City has 60 days to review this type of application. Alternatively, the applicant can request that the City extend the review time. The applicant has submitted a letter requesting that the City extend the review time for this item. ACTION REQUIRED Please table this item to the July 8 Planning and Zoning Commission Meeting. Depending upon the outcome of potential ordinance changes, this application will either be withdrawn or considered at that time. Attachments Location Map 4y%e ltted, arz Cc: Richard Wagner, 1735 148` Lane NW 1 Richard Wagner • Variance to Side Yard Setback 75250 J Q z Z H 15211 I 15212 (� Z 15245 0 _ J CO Z NA O N Z 2 15219 15026 1411 1382 1398 751 uu 1410 15175 1357 1 515 15150 Jy',�4`4S 51 15140 / ^j 17� 1 I � I 1487 I 1155 1 1429 I 14853 7377 --. 44 1518 749/ 1452 1420 7355 _ 9 8 G e 7380 BE 1970 1920 p US= f g m g $ ty 3 n 11 mm RI 148T A 14789 n n n i2 m t 9 7 14744 in 'am' w a yy ppQQ i 1988 1918 14769 t.mi 147TH LN � P 74784 147TH CT - 19 7716 R Ca rat 4 ur+a 14722 m r w 14712 147TH AVE 147TH AVE u j 1920 i 14778 Id '4 twee tam tam ; G$ A s r > 7970 14888 um +am 14681 J fm1 O 14676 8f am Cron 14671 m 1541 ii 14870 74884 14887 Z tme Q 14889 id 74852 681 taem 14857 - 146TH W Q' 1889 14640 `fin n is 4853 tam 1 Z +.m fm' p s� J i g 3 qg� i ""' g ?G V ^^� 14631 = um1 um i tam —_ 14820 14B1B +a+a 3 7873 4621 g 7 ��f S y�� iS $ ^f wa BE • Project Location Map N W--( 6 City of Andover Planning Department 1949 I A I 1901 11853I1831I 1813 I 1785 I 1685 p US= m ;mom mm RI in aeOOee � • Project Location Map N W--( 6 City of Andover Planning Department 1949 I A I 1901 11853I1831I 1813 I 1785 I 1685 4 9 (Z) N CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Will Neumeister, Director of Community Development i SUBJECT: Revisions to the Development Contract DATE: June 11, 2002 INTRODUCTION A City Council Goal for 2002 is considering revisions to the development contract (see attached documents). The Planning Commission is asked to consider the appropriate language to include in the revised contract document. DISCUSSION Staff has reviewed the current document and found that there are small changes needed in the document to allow for the City to assure that new commercial and residential developments comply • with the City's development codes (i.e. zoning and subdivision regulations). Suggested changes are the product of review and discussion by all City departments involved in the land development process. Proposed changes would help strengthen existing provisions, protect and preserve the City's ,short and long -term liability position and introduce new language to address changing land development dynamics. Items proposed for revision are highlighted with underlining or strikeouts. A summary of the notable changes include the following points: City Installed Improvements • Eliminate the option of performance bonds • The developer shall do all site grading including the front 100 feet of the lots (unless otherwise determined and approved by City Engineer). • Replace "sufficient arable soil" with "black organic dirt/soil (no more than 35% sand) ". • Replace "remove all dead and diseased trees" with "remove all dead and/or treat diseased trees as determined by City Tree Inspector ". • Add where necessary: "Performance shall be guaranteed by the financial guarantee recited herein. [The City reserves the right to perform such work as necessary and assess all cost to the developer]." • Add cable television to the list of Developer installed utilities. • The Irrevocable Letter of Credit shall be automatically renewed or replaced by not later than thirty (30) days prior to its expiration. • Increase cash escrow or letter of credit, from fifteen (15 %) percent to one hundred twenty -five (125 %) percent, of the total estimated cost. Development Contract Revisions Page 2 • Reduce the number of annual installments from ten (10) to eight (8) on the unpaid installments. • No building permit will be allowed to be issued unless the drainage improvements serving the development (i.e ponds, outlet structures and overflow pipes) shall be completed according to the City approved plan. • No Certificate of Occupancy permit shall be issued for any house in the plat until the street asphalt surface, sanitary sewer, storm sewer and water main, has been constructed and approved by the City Engineer. Developer Installed Improvements • Removing the option of allowing developers to post performance bonds to financially secure public improvement costs. This minimizes procedural issues or conflicts the City may have should it need to exercise its rights under a default situation. • Replace "sufficient arable soil'' with "black organic dirt/soil (no more than 35% sand) ". • Replace "remove all dead and diseased trees" with "remove all dead and/or treat diseased trees as determined by City Tree Inspector ". • Add where necessary: "Performance shall be guaranteed by the financial guarantee recited herein. [The City reserves the right to perform such work as necessary and assess all cost • to the developer]." • Add cable television to the list of Developer installed utilities. • No building permit will be allowed to be issued unless the drainage improvements serving the development (i.e ponds, outlet structures and overflow pipes) shall be completed according to the City approved plan. • No Certificate of Occupancy permit shall be issued for any house in the plat until the street asphalt surface, sanitary sewer, storm sewer and water main, has been constructed and approved by the City Engineer. ACTION REQUESTED The Planning Commission is asked to make a recommendation on whether or not the proposed changes in the development contract (regulated by Ordinance 10, Section 10.02 - .10.03) are acceptable. If further changes are needed, the Commission is asked to give staff direction regarding the needed changes. Respectfully / submitted, Will Neumeister Attachments Development Contract (Developer installed improvements) Development Contract (City installed improvements) n i "Proposed" DEVELOPMENT CONTRACT (City Installed Improvements) D PA5 (Note: Underlining is new language, strike out is language to be removed) THIS AGREEMENT made this day of 2002 2001, is by and between the City of Andover, whose address is 1685 Crosstown Boulevard NW, Andover, Minnesota 55304, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and , whose address is hereinafter referred to as the "Developer" WHEREAS, the Developer has received approval from the City Council for a proposed plat of land within the corporate limits of the City to be known as and u WHEREAS, the Developer has requested that the City construct and finance certain improvements to serve the plat; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the plat; and WHEREAS, said City Subdivision Ordinance and Minnesota Statute 462.358 authorized the City to enter into a Development pe FfeFFnanee Contract secured by letter of credit, or a- bead, cash escrow OF et her ..,,.., ity to guarantee completion and payment of such improvements following final approval and recording of final plat; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost • of City installed improvements to the benefited property. 1 NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: DESIGNATION OF IMPROVEMENTS Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". Improvements to be installed by the City and financed through assessment procedures are hereinafter referred to as "City Improvements ". 2. DEVELOPER'S IMPROVEMENTS The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: A. The Developer shall do all site grading including the front 100 feet of the • lots (unless otherwise determined and approved by City Engineer common greenway and open spaces, storm water storage ponds and surface drainage ways including sodding of boulevards all in accordance with the approved grading, drainage and erosion control plan. A grading plan with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. The developer shall be required to provide finished Bed (sodded) elevation stakes and hubs for all backyard drainage areas and any other areas as required by the City Engineer. The location of the sod elevation staking and hubs are to be located at lot corners and spaced every 20 feet. These locations must be submitted and approved on the development plan and installed at the site prior to issuance of any building permits. B. The Developer shall control soil erosion insuring: 1. All development shall conform to the natural limitations presented by the Topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall • be approved by the City prior to the commencement of site 2 grading or construction. D RAFT • 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, black organic dirt/soil s � eien arable see!- shall be set aside for respreading over the developed area and also seeded, mulched, and disk anchored The topsoil (containing no more than 35% sand content) shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. C. The Developer shall be responsible to maintain the required tree protection for the development grading until removal is approved by the City Tree Inspector. Upon issuance of a building permit for a lot, the Developer is responsible to notify the builders and individual owners within the development that they assume and are responsible for erosion control, tree protection and protection of water and sewer services. Such notification shall not relieve the Developer of the responsibility for such items as required under this contract. Any violation will be cause for red tagging the site by the City Building Official, or designee, and all inspections will cease until corrected. D. 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. E. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading). F. The Developer shall remove all and / treat dead diseased trees (as determined by City Tree Inspector) before building permits will be issued. Burying or burning of trees or construction debris is not permitted on the site. Trees, tree stumps, or construction debris shall be removed from the plat. The Developer shall mow all tall grass and weeds on vacant lots and boulevard areas periodically throughout the • season or as required by the City. Performance shall be guaranteed by 'Cl the financial guarantee recited herein. DRAFT • G. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until all lots within the Subdivision have homes constructed upon them. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth driving surface and adequate drainage on all temporary streets. Performance shall be guaranteed by the financial guarantee recited herein. H. The Developer shall furnish street lights in accordance with the City's Street Lighting Ordinance No. 252. The Developer shall conform to Ordinance No. 252 in all respects. The City shall order the street lights and Developer shall reimburse the Connexus Energy Gity for such cost. General Requirements: 1. Street lighting shall be owned, installed, operated and maintained . by the electric utility company. City and electric utility company shall enter into a contractual agreement on the rate and maintenance of the street lighting system. 2. It shall be the responsibility of the Developer to: a. Advise all lot purchasers of their responsibility for street lighting operating charges. b. Pay for street light charges for all lots owned by the Developer. I. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development. The Developer grants the City the right to enter upon the property to perform all functions required under this contract and city ordinances. Performance shall be guaranteed by the financial guarantee recited herein. J. The Developer shall be responsible for securing all necessary approvals IH • 1 . Site grading and erosion control 0 3. Street construction 4. Storm sewer construction 5. Lot stakes 6. Diseased tree removal DRAFT 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 utilities. K. The Developer shall make provision that all gas, telephone cable television and electric utilities shall be installed to serve the development. L. On a corner lot, the front entrance shall face a designated front yard as determined by the City and the assigned address. M. The Developer shall construct a group of mailboxes of a uniform design that is clustered at specific locations approved by the City and coordinated with the United States Post Office. N. Cost of Developer's improvements, description and completion dates are as follows: Description of Improvements Estimated Date to be Cost Completed 2. Street maintenance 7. Erosion control /street sweeping • Total Estimated Construction Cost For Developer's Improvements: Estimated Legal, Engineering and Administrative Fee (15 %) Total Estimated Cost of Developer Improvements Security Requirement (150 %) S 5 DRAFT Furthermore, Developer shall be responsible for all of the development • costs and fees shown on Exhibit A, attached hereto and made a part hereof,_ and adopted by City Fee Ordinance O. Construction of Developer's Improvements: Construction The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. All plans required under this development contract shall be submitted in electronic format. 2. Inspection All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. 0 3. Easements The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer's Improvements as determined by the City. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. • 4. Faithful Performance of Construction Contracts and Bond 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's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's written final acceptance of the Developer's Improvements. Concurrently 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, eF—a PeFfOFrnanee Bond, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements as indicated in Paragraph N L. An Irrevocable Letter of Credit or Performance Bond shall be for the exclusive use and benefit of the City of Andover and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the • Irrevocable Letter of Credit er PeFfOffnanee B on d for the purpose 0 of guaranteeing the terms and conditions of this contract. The • Irrevocable Letter of Credit of Rerfermanee --Bend shall be automatically renewed or replaced by not later than thirty (30 twenty -(2G4 days prior to its expiration with a like Letter of Credit or bond. 5. Reduction of Escrow Guarantee The Developer may request reduction of the Letter of Credit, PeffOFFnanee Bend or cash deposit based on prepayment of of the value of the completed improvements at the time of the requested reduction. The amount of the reduction shall be determined and approved by the City Engineer staff. P. The Developer shall provide a licensed fegist professional engineer or their duly authorized representative to oversee at the Developer's expense the Developer's improvements until such improvements are completed and accepted by the City. Q. Upon written final acceptance of the Developer's improvements by the City Engineer a one year maintenance bond shall be provided by the Developer for any areas not covered by the Minnesota Pollution Control Agency (NPDESj erosion control permit. The warranty will include but not be limited to eeveFina the cost of turf restoration and erosion . control. 3. CITY INSTALLED IMPROVEMENTS CITY'S !MRR 1VCI1ACAITC In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Improvements "), as referenced in the plans and specifications adopted by the City Council shall be constructed and installed by the City to serve the Subdivision on the terms and conditions herein set forth: A. Street grading, graveling and stabilizing, including construction of berms and boulevards (hereinafter called "Street Improvements ") B. Storm sewers, when determined to be necessary by the City Engineer, including all necessary mains, catch basins, inlets and other appurtenances (hereinafter called "Storm Sewer Improvements ") 9 C. Sanitary sewer mains, laterals or extensions, including all necessary 7 GRAFT building services and other appurtenances (hereinafter called "Sanitary • Sewer Improvements ") D. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances (hereinafter called "Watermain Improvements ") E. Permanent street surfacing, sidewalks /trails (when required) including concrete curb and gutter (hereinafter called "Permanent Street Improvements "). Permanent street surfacing shall include the costs associated with the first sealcoat for the new streets. Cost shall be One Dollar and nei100 ($1.00) per square yard of new street installed fee adjusted annually by fee ordinance) F. Standard street name signs at all newly opened intersections (hereinafter called "Traffic Signing Improvements ") G. 1. Construction Procedures All such improvements set out in Paragraph 3.A -F above shall be instituted, constructed and financed as follows: The City shall commence proceedings pursuant to Minnesota Statute 429 providing that such improvements be made and assessed against the benefited properties. After preparation of preliminary plans and estimates by the City Engineer, an improvement hearing, if required • by law, will be called by the City Council for the purpose of ordering such improvements. After preparation of the final plans and specifications by the City Engineer, bids will be taken by the City and contract awarded for the installation of improvements under the City's complete supervision. 2. Securitv. Levv of Special Assessments and Required Pavment Therefor Prior to the preparation of final plans and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow or letter of credit in an amount equal to one hundred twenty -five (125 %) fifteen "�— percent of the total estimated cost of said improvements as established by the City Engineer. SECURITY REQUIREMENT 125% (15%): $ Said cash escrow, including accrued interest thereon, or letter of credit, may be used by the City upon default by Developer in the payment of special assessments pursuant hereto, whether accelerated or otherwise. That such cash escrow or letter of credit shall remain in full force and effect throughout the term of the special assessments, except, the • amount of such escrow or letter of credit may be reduced, upon the 0 1 -;i_ l request of the Developer, at the City's option, but in no event shall be less than the total of the outstanding special assessments against all properties within the Subdivision. The entire cost of the installation of such improvements, including any reasonable engineering, legal and administrative costs incurred by the City, shall be assessed against the benefited properties within the Subdivision in eight 8) tea 10 ) equal annual installments with interest on the unpaid installments at a rate not to exceed the maximum allowed by law. All special assessments levied hereto shall be payable to the City Clerk in semi - annual installments commencing on April 15 of the year after the levy of such assessment and on each September 15 and April 15 thereafter until the entire balance plus accrued interest is paid in full unless paid earlier pursuant to Paragraph 3.G.3 herein. In the event any payment is not made on the dates set out herein, the City may exercise its rights pursuant to Paragraph 3.G.4 hereof. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. In the event the total of all City Installed Improvements is less than originally estimated by the City Engineer in his feasibility report, Developer waives all rights they have by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of amounts, or the procedure used by the City in levying the assessments and hereby releases the City, its officers, agents, and employees from any and all liability related to or arising out of the levy of the assessments. 3. Required Payments of Special Assessments by Developer Developer, its heirs, successors or assigns hereby agrees that within thirty (30) days after the issuance of a certificate of occupancy for a residence on a lot located within the Subdivision which is assessed for the cost of such improvements, the Developer, its heirs, successors or assigns, agrees, at its own cost and expense, to pay the entire unpaid improvement costs assessed or to be assessed under this agreement against such property. 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 the Engineer's estimate of the special assessments for such improvements 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. M 4. Acceleration Upon Default In the event the Developer violates any of the covenants, conditions or agreements herein contained to be performed by the Developer, 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 fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City, at its option, in addition to its rights and remedies hereunder, after ten (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 in Paragraph 3.G.2 hereof. 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 M.S. 429.061, Subd. 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. Also, if Developer violates any term or condition of this agreement, or if any payment is not made by Developer pursuant to this agreement the City, at its option, may refuse to issue building permits to any of the property within the plat on which the assessments have not been paid. 4. RECORDING AND RELEASE The Developer agrees that the terms of this Development Contract 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 Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in • second paragraph of Section 3.G.3 on page 8. 10 DRAFT 5. REIMBURSEMENT OF COSTS The Developer agrees to fully reimburse the • City for all costs incurred by the City including, but not limited, to the actual costs of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. 6. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY Where a platted street intersects an existing publicly maintained road, the City Building Official will only nay issue building permits on lots that are within 150 feet of a hard surfaced roadway f8F Up t a i o f 16% „f the lets within the ,aeyelepment f8F 'Ot 0 g Ieeat: ens . es tablished a t , „ location In the event lots are more than 150 feet from a hard surfaced roadway, the Developer shall construct a service road to provide access to these lots as required by the City. The Developer shall submit a plan to the City for approval identifying the location of the proposed access roads and the lots being requested for building permits. Building permits can be requested for the remaining 86% e# the lots within the development after the first lift of the asphalt has been installed on the street. Except that no building permit will be issued on any lot that abuts a pond unless the pond infrastructure is completed according to the City approved plan. 11 7P-� No Certificate of Occupancy permit shall be issued for any house in the plat until the . following have been completed: A. A letter from the Developer's engineer certifying the plat has been graded according to the grading, drainage and erosion control plan as approved by the City. B. Removal /treatment of all dead, of dying or diseased trees as determined by City Tree Inspector, from the property at the owner's expense or escrow for any remaining trees that will need to be removed. Stockpiling the dead trees on the lot for resident's removal for firewood will be acceptable only after the lot has been graded to plan. C. The first lift of street asphalt surface sanitary sewer, storm sewer and water main, has been constructed, considered operational, and approved by the City Engineer The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued fegwifed D. Sodding of the lot is completed as specified by ordinance. E. Escrowing of incomplete items that are required such as: trees driveway seeding /sodding of the lot and spreading of 4 inches of black /organic dirt. F. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued to allow adequate time for an inspection to be completed of all the required improvements. The Developer further agrees that they will not cause to be occupied, any premises constructed upon the plat or any property within the plat until the completion of the gas, electric, telephone, cable television, streets to asphalt surface, sanitary sewer, storm sewer and water main C 5 subb °° unless the City has agreed in writing to waive this requirement as to a specific premises. The City Building Official will issue a stop work eease and d ^^ ^+ order for • 12 violation of silt fencing, erosion control and tree protection. DRAFT 7. CLEANUP Developer shall promptly clean dirt and debris from streets that has resulted from construction by the Developer, its agents or assigns. Performance shall be guaranteed by the financial guarantee recited herein. [The City reserves the right to perform such work as necessary and assess all cost to the developer]. 7 A. The Developer shall be responsible for rubbish blown off the building site. 8. OWNERSHIP OF IMPROVEMENTS Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. 9. INSURANCE Developer and /or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private 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 work or the work of his 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 less than Two Hundred Thousand and no /100 ($200,000.00) Dollars for each 0 occurrence; or a combination single limit policy of One Million and no /100 13 �•a 1�1 ($ 1,000,000.00) Dollars or more. The City shall be named as an additional insured on the policy, and the Developer or all its subcontractors 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 (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 10. REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees. 11. VALIDITY If any portion, section, subsection, sentence, clause, paragraph or phrase in this contract 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 Contract. 12. GENERAL A. Binding Effect 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. F L--.j B. 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 hereinbefore set forth on Page 1 by certified mail (return receipt 14 DRAFT 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 hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approved The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and of all required petitions, bond and security. D. Incorporation by Reference All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. E. Assignment and Third Party Benefits This development contract cannot be assigned or transferred without the written consent of the City. There is no intent to benefit any third parties and third parties shall have no recourse against the City under this contract. F. Clerical Revisions In the event that any technical or clerical revisions are needed in this document or if for any reason the County Recorder deems the development cooperate with the City in development contract. contract un- recordable, the Developer shall the execution or amendment of any revised 13. REMEDIES FOR VIOLATIONS OF CONTRACT In the event the that Developer violates any of the covenants and agreements contained in this Development Contract and that may to be performed by the Developer, b ilde•, eF s been* ~^e+ the City, at its option, in addition to the rights and remedies as set out hereunder, may refuse to issue building permits to any property within the plat until such time as such default has been inspected and corrected to the satisfaction of the City. Furthermore in the event of default by the Developer as to any of the work performed by it hereunder, the City may at its option, perform the work of the Developer and the Developer shall promptly reimburse the City for any 0 expense incurred by the City within thirty (30) days. Failure to do so shall result in 15 the City withholding the letter of credit. If the plat is a phase of a multi -phase • preliminary plat the City may refuse to approve final plats of subsequent phases if the Developer has breached this contract and the breach has not been remedied. DEVELOPER CITY OF ANDOVER By By Mayor By ATTEST: Em Clerk i 16 STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) On this day of , 2002 2001, before me, a Notary Public within and for said County, personally appeared Michael R. Gamache and Victoria Volk, to me known to be respectively the Mayor and Clerk of the City of Andover, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ► ► SS. COUNTY OF ANOKA ► , to me known to be the and of and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said Notary Public This instrument was drafted by: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 0 17 On this day of , 2002 2001, before me, a Notary Public i within and for said County, personally appeared and , to me known to be the and of and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said Notary Public This instrument was drafted by: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 0 17 "Proposed" DEVELOPMENT CONTRACT D ■ ° A &I • (Developer Installed Improvements) (Note: Underlining is new language, strike out is language to be removed) THIS AGREEMENT made this day of , 2002 2000, is by and between the City of Andover, whose address is 1685 Crosstown Boulevard NW, Andover, Minnesota 55304, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and ,whose address is , Minnesota, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval from the City Council for a proposed plat of land within the corporate limits of the City to be is in the ~F^^^^^ of ~' ° + +; ^^ ^ ^ ^;^ ~ ^ ~ ^.+_, known as • and WHEREAS, the Developer desires final plat approval prior to completion of all on -site improvements as required under the Subdivision Ordinance of the City of Andover; and WHEREAS, said Subdivision Ordinance authorizes the City to enter into a Development ^^wee Contract secured by a bed cash escrow or letter of credit to guarantee completion of all such improvements following final approval and recording of the final plat; NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO that the Developer • will provide all labor and materials to construct the improvements described below -1- within the plat of according to the plans and specifications attached 0 hereto and made a part of this Agreement: ARTICLE ONE DESIGNATION OF IMPROVEMENTS Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer's Improvements ". ARTICLE TWO DEVELOPER'S IMPROVEMENTS The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: A. The Developer shall do all site grading including the front 100 feet of the lots (unless otherwise determined and approved by the City Engineerl common greenway and open spaces, storm water storage ponds and surface drainage ways including sodding of boulevards all in accordance with the approved grading, drainage and site plan. Furthermore such grading shall provide for a buildable area on each lot in such size as required by Andover Ordinance No. 10. Upon completion of all grading, Developer's engineer shall certify in writing that the plat is graded to the plans and that all unbuildable soils are removed within the street right -of -way and within the buildable area identified herein. The yard shall be graded to allow the construction of a driveway. A grading plan with maximum two foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. B. The Developer shall be responsible to maintain the required tree protection for the development grading until the removal or treatment is approved by the City Tree Inspector. Upon issuance of a building permit for a lot, the Developer is responsible to notify the builders and individual owners within the development that they assume and are responsible for erosion control, tree protection and protection of water and sewer services. is -2- C. The Developer shall control soil erosion insuring: AU 1. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for presenting soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, black organic dirt/soil s ff"e aFable soil shall be set aside for respreading over the developed area and also seeded, mulched, and disk anchored The topsoil (containing no more than 35% sand) shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. D. The Developer shall be responsible to maintain the required tree protection for the development grading until removal is approved by the City Tree Inspector. Upon issuance of a building permit for a lot, the Developer is responsible to notify the builders and individual owners within the development that they assume and are responsible for erosion control, tree protection and protection of water and sewer services. Such notification shall not relieve the Developer of the responsibility for such items as required under this contract. Any violation will be cause for red tagging the site by the City Building Official, or designee, and all inspections will cease until corrected. E. 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. F. The Developer shall pay for the installation of all standard street name signs at all newly opened intersections within the development. The City shall install all such signage and Developer shall reimburse the City for the cost thereof by payment in • advance to the City of the estimated cost thereof. -3- G. The Developer shall remove and /or treat all dead and diseased trees (as determined by the City Tree Inspector) before building permits will be issued. H. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until all lots within the Subdivision have homes constructed upon them. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street becomes impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the developer shall maintain a smooth driving surface and adequate drainage on all temporary streets. Performance shall be -guaranteed by the financial guarantee recited herein. I. The Developer shall furnish street lights in accordance with the City's Street Lighting Ordinance No. 86. The Developer shall conform to Ordinance No. 86 in all respects. The City shall order the street lights and Developer shall reimburse the City for such cost. General Requirements: 1. Street lighting shall be owned, installed, operated Connexus Energy the eleetric utility eempa" City company shall enter into a contractual agreement maintenance of the street lighting system. 2. It shall be the responsibility of the Developer to: and maintained by and electric utility on the rate and a. Advise all lot purchasers of their responsibility for street lighting operating charges. b. Pay for street light charges for all lots owned by the Developer. J. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development. The Developer grants the City the right to enter upon the property to perform all functions required under this contract and city ordinances. Performance shall be guaranteed by the financial guarantee recited herein. K. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to is the commencement of site grading or construction and prior to the City awarding In construction contracts for public utilities. 41 L. The Developer shall make provision that all gas, telephone cable television and electric utilities shall be installed to serve the development. M. On a corner lot, the front entrance shall face a designated front yard as determined by the City and the assigned address. N. The Developer shall construct a group of mailboxes of a uniform design that is clustered at specific locations approved by the City and coordinated with the United States Post Office. O. Cost of Developer's Improvements, description and completion dates are as follows: Description of Improvements Estimated Cost Date to be Completed 1. Site grading and erosion control. $ 2. 3. • 4. 5. 6. 7. 8. Ul Street maintenance. $ Street construction. $ Storm sewer construction. $ Lot stakes. $ Diseased tree removal. $ Erosion control /street sweeping $ Total Estimated Construction Cost for Developer's Improvements $ Estimated Legal, Engineering and Administrative Fee (15 %) $ Total Estimated Cost of Developer $ Improvements Security Requirement (150 %) $ -5- Furthermore, Developer shall be responsible for all of the development costs and fees shown on Exhibit A, attached hereto and made a part hereof and adopted by City Fee Ordinance P. Construction of Developer's Improvements: 1. Construction The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. All plans required under this development contract shall be submitted in electronic format. 2. Inspection All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. 3. Easements The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer's Improvements as determined by the City. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 4. Faithful Performance of Construction Contracts and -Bond 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's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently 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 an Irrevocable Letter of Credit eF a Perfermannn Bend, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements as indicated in Paragraph N L. An Irrevocable Letter of Credit OF PeFfe,.nannn Bend shall be for the exclusive use and benefit of the City of Andover and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit OF PerfWnaRee Bend for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit OF PeFfO ranee Bo shall automatically be renewed or replaced by not later than thirty 30 twenty 0) days prior to its expiration with a like letter OF bond. r� �J lion 5. Reduction of Escrow Guarantee The Developer may request reduction of the Letter of Credit, Pe F f~ "nanee Bon or cash deposit based on 41 prepayment or the value of the completed improvements at the time of the requested reduction. The amount of the reduction shall be determined and approved by the City Engineer sta##. Q. The Developer shall provide a licensed wed professional engineer or their duly authorized representative to oversee, at the Developer's expense, the Developer's improvements until such improvements are completed and accepted by the City. R. Upon written final acceptance of the Developer's improvements by the City Engineer a one year maintenance bond shall be provided by the Developer for any areas not covered by the Minnesota Pollution Control Agency JNPDESZ erosion control permit. The warranty will cover but not be limited to the cost of turf restoration and erosion control. S. Upon written final acceptance of the City maintained improvements lying within the public easements, a one year warranty bond shall be provided to the City by the Developer for 25% of the improvement costs unless otherwise directed by the City Engineer. T. Permanent street surfacina. sidewalks /trails (when reauired) includi concrete curb and gutter (hereinafter called "Permanent Street Improvements "), The Developer shall be required to pay the costs associated with the first sealcoat for all new streets as a part of the improvement costs for this development. The cost will be One and no /100 ($1.00) Dollars per square yard of new street installed (fee adiusted annually by fee ordinance) U. Standard street name signs at all newly opened intersections (hereinafter called "Traffic Signing Improvements "). ARTICLE THREE RECORDING AND RELEASE The Developer agrees that the terms of this Development Contract 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 Contract with the Anoka County Recorder to give notice to future purchasers and owners. This 0 shall be recorded against the Subdivision described on Page 1 hereof. -7- 1�9 5. Reduction of Escrow Guarantee The Developer may request reduction of the Letter of Credit, PeFfOffna„ee Bend, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of the reduction shall be determined and approved by the City Engineer staff. Q. The Developer shall provide a licensed fegistered professional engineer or their duly authorized representative to oversee, at the Developer's expense, the Developer's improvements until such improvements are completed and accepted by the City. R. Upon written final acceptance of the Developer's improvements by the Citv Engineer a one year maintenance bond shall be provided by the Developer for any areas not covered by the Minnesota Pollution Control Agency SNPDESZ erosion control permit. The warranty will cover but not be limited to the cost of turf restoration and erosion control. S. Upon written final acceptance of the City maintained improvements lying within the public easements, a one year warranty bond shall be provided to the City by the Developer for 25% of the improvement costs unless otherwise directed by the City Engineer. T. Permanent street surfacing, sidewalks /trails (wh _ requ ired) including concrete i curb and gutter (hereinafter called "Permanent Street Improvements "). The Developer shall be required to pay the costs associated with the first sealcoat for all new streets as a part of the improvement costs for this development. The cost will be One and no /100 ($1.00) Dollars per square yard of new street installed (fee adjusted annually by fee ordinance) U. Standard street name signs at all newly opened intersections (hereinafter called "Traffic Signing Improvements "). ARTICLE THREE RECORDING AND RELEASE The Developer agrees that the terms of this Development Contract 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 Contract with the Anoka County Recorder to give notice to future purchasers and owners. This 0 shall be recorded against the Subdivision described on Page 1 hereof. -7- ARTICLE FOUR ROM BURSEM ENT OF COSTS The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited, to the actual costs of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. The Developer agrees to deposit with the City such sums as required by the City Administration. Said amount shall bear no interest and the City shall have the right to pay all fees and expenses and costs which are the obligations of the Developer under this contract from the aforementioned escrow deposit. Any monies remaining after the payment of said fees and costs shall be returned to the Developer. ARTICLE FIVE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY Where a platted street intersects an existing publicly maintained road, the City Building Official will only may issue building permits on lots within 150 feet of a hard more than 150 feet from a hard c irfaced roadway the Developer shall construct a service road to provide access to these lots as required by the City. The Developer 0 shall submit a plan to the City for approval identifying the location of the proposed Q access roads and the lots being requested for building permits. Building permits can 0 be requested for the remaining 85% e# the lots within the development after the first lift of the asphalt has been installed on the street. Except that no building permit will be issued on any lot that abuts a pond unless the pond infrastructure is completed according to the City approved plan. No Certificate of Occupancy permit shall be issued for any house in the plat until the following have been completed: A. A letter from the Developer's engineer certifying the plat has been graded according to the grading, drainage and erosion control plan as approved by the City. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued. B. Removal or treatment of all dead, of dying or diseased trees, as determined by City Tree Inspector, from the property at the owner's expense or escrow for any remaining trees that will need to be removed. Stockpiling the dead trees on the lot for resident's removal for firewood will be acceptable only after the lot has been graded to plan. C. The first lift of street asphalt surface sanitary sewer, storm sewer and water has been constructed, considered operational, and approved by the City Engineer The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being required. The Developer further agrees that they will not cause to. be occupied, any premises constructed upon the plat or any property within the plat until the completion of the gas, electric, telephone, cable television, streets to asphalt surface, 0 sanitary sewer, storm sewer, water r 6 s ub" ^ ^ ° unless the City has agreed in 0 writing to waive this requirement as to a specific premises. DRAFT The Developer shall provide a cash deposit in an amount determined by the City for inspection of improvements constructed within public easements. Upon acceptance of these improvements, the City will refund the unused balance of this deposit to the Developer. The City Building Official will issue a stop work cease and d order for violation of silt fencing, erosion control or tree protection. ARTICLE SIX CLEANUP Developer shall promptly clean dirt and debris from streets that has resulted from construction by the Developer, its agents or assigns. Performance shall he .■ ate• • ■- ■.■ . .■ R - �• ■- - ■ �. -r - ■- •■ • ARTICLE SEVEN OWNERSHIP OF IMPROVEMENTS Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. The Developer shall schedule city inspections through the Engineering Department a minimum of forty -eight (48) hours prior to constructing city maintained improvements within the public easements. Prior to acceptance by the City of the city maintained improvements lying In within the public easements, the Developer shall provide evidence by sworn 0 construction statement that all contractors who may be entitled to file mechanics liens have been paid. ARTICLE EIGHT INSURANCE Developer and /or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private 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 work or the work of his 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 less than Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City shall be named as an additional insured on the policy, and the Developer or all its subcontractors 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 (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. • ARTICLE NINE 1 1 REIMBURSEMENT OF COSTS FOR DEFENSE DRAFT The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees. ARTICLE TEN VALIDITY If any portion, section, subsection, sentence, clause, paragraph or phrase in this contract 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 Contract. ARTICLE ELEVEN GENERAL A. Binding Effect 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. B. 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 hereinbefore set forth on Page 1 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 hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approved oved The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this • agreement and of all required petitions, bond and security. 1 7 DRAFT D. Incorporatinn b Reference All plans, special provisions, • proposals, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. E Assignment and Third PartVBenefits This development contract cannot be assigned or transferred without the written consent of the City. There is no intent to benefit any third parties and third parties shall have no recourse against the City under this contract. F. CI .rival Revisions In the event that any technical or clerical revisions are needed in this document or if for any reason the County Recorder deems the development contract un- recordable, the Developer shall cooperate with the City in the execution or amendment of any revised development contract. ARTICLE TWELVE • REMEDIES FOR VIOLATIONS BREOkCH OF CONTRACT In the event the that Developer, builder, or any subcontractoi violates any of the covenants and agreements contained in this Development Contract and thaw to be performed by the Developer, btjilder or subcontractor, the City, at its option, in addition to the rights and remedies as set out hereunder, may refuse to issue building permits to any property within the plat until such time as such default has been inspected and corrected to the satisfaction of the City. Furthermore, in the event of default by the Developer ac to any of the work performed by it hereunder the City M &I - ••. - • MISM14MIMS •. - • - u •.r • •- u. - - • .•• • - .. 1Q fl , DEVELOPER AA s 1A CITY OF ANDOVER Mayor ATTEST: By Clerk 10.01 General Conditions. Upon receipt of preliminary plat approval by the Council and prior to Council approval of the final plat, the subdivider shall make provision, in the manner hereinafter set forth, for the installation, at the sole expense of the subdivider, of such improvements as shall be required by the City, which improvements may include, but are not limited to, streets, sidewalks, public water systems, sanitary sewer systems, surface and storm drainage systems, and public utility services. The installation of said improvements shall be in conformity with approved construction plans and specifications and all applicable standards and Ordinances. 10.02 Development Contract. Prior to the installation of any required improvements and prior to approval of the final plat, the subdivider shall enter into a contract with the City which contract shall require the subdivider to construct said improvements at the sole expense of the subdivider and in accordance with approved construction plans and specifications and all applicable standards and Ordinances. Said contract shall provide for the supervision of construction by the Engineer; and said contract shall require that the City be reimbursed for all costs incurred by the City for Engineering and legal fees and other expenses in connection with the making of such improvements. The performance of said contract shall be financially secured by a cash escrow deposit or performance bond as hereinafter set forth. (10X, 6 -6 -95) • 10.03 Financial Security. The development contract shall require the subdivider to make a cash escrow deposit or in lieu thereof to furnish a performance bond in the following amounts and upon the following conditions: (10X, 6 -6 -95) A. Escrow Deposit. The subdivder shall deposit with the Treasurer a cash amount equal to one hundred fifty (150 1 /6) percent of the total cost of such improvements as estimated by the Engineer, including the estimated expenses of the City for engineering and legal fees and other expenses incurred by the City in connection with the making of such improvements.(10A, 9- 10 -74) B. Performance Bond. In lieu of a cash escrow deposit, the subdivider may furnish a performance bond, with a corporate surety satisfactory to the City in a sum equal to one hundred fifty (150 %) percent of the total cost of such improvements as estimated by the Engineer, including the estimated expense of the City for engineering and legal fees and other expenses incurred by the City in connection with the making of such improvements. (10A, 9- 10 -74) C. Conditions. The development contract shall provide for a completion date on which all of the required improvements shall be fully installed, completed and accepted by the City. The completion date shall be • determined by the Council after consultation with the engineer and the subdivider, and shall be reasonable in relation to the construction to be 23 t performed, the seasons of the year and proper correlation with construction activities in the subdivision. The development contract shall provide that in the event the required improvements are not completed within the time allotted, the City shall be allowed to exercise its power to recover on the performance bond or utilize the escrow deposit to complete the remaining construction to City standards and specifications. In the event the amount of funds recovered is insufficient to cover the cost of construction, the Council may assess the remaining cost to the lands within the subdivision. (10X, 6 -6 -95) 10.04 Construction Plans. Construction plans and specifications for the required improvements conforming in all respects with the standards and Ordinances of the City shall be prepared at the expense of the subdivider by a Professional Engineer registered by the State of Minnesota. Such plans and specifications shall become a part of the performance contract. Two (2) prints of said plans and specifications shall be filed with the Clerk. 10.05 Inspection. All required improvements shall be inspected during the course of construction by the Engineer and acceptance of said improvements by the City shall require the prior written certification by the Engineer that said improvements have been constructed in compliance with the plans and specifications. 10.06 Prior Improvements. Improvements which have been completed prior to • application for final plat approval or execution of the performance contract shall be accepted as equivalent improvements provided the Engineer shall certify in writing that said improvements conform to City standards. 10.07 As Constructed Plans. Upon completion of installation of all required improvements, the subdivider shall file with the Clerk a reproducible tracing and two (2) copies of plans and specifications showing all improvements as finally constructed and installed. (10X, 6 -6 -95) 10.08 Street Improvement Standards. A. With Municipal Sanitary Sewer and /or Water (IOC, 10- 17 -78) Grading. The full width of the right -of -way of each street shall be graded, including the subgrade of the areas to be paved, in accordance with the standards and specifications which have been adopted by resolution of the City Council. 2. Paving. All streets shall be paved with concrete or bituminous surfacing in accordance with the standards and specifications which have been adopted by resolution of the City Council. 24