4.10. SR 04-06-2020City of
Qk*'
River
Request for Action
To
Item Number
Mayor and City Council
4.10
Agenda Section
Meeting Date
Prepared by
Consent
Aril 6, 2020
Zack Carlton, Planning Manager
Item Description
Reviewed by
Final Plat of Prestigious Woodland Hills Fifth
Cal Portner, City Administrator
Addition
Reviewed by
Action Requested
Adopt, by motion, a resolution approving the final plat of Prestigious Woodland Hills Fifth Addition,
with the following conditions:
1. A Development Agreement be prepared and executed outlining the terms and conditions of the plat
approval prior to releasing the plat for recording.
2. Water Availability Charge shall be paid in the amount required by the city at the time the Final Plat is
released for recording. (currently $368/plumbing unit)
3. Staff approval of all site, landscaping, engineering, and stormwater plans.
4. Streetlights shall be installed as required by Elk River Utilities.
5. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public
improvements.
6. Upon completing all public improvements and having them accepted by the city, a security or warranty
in a form acceptable to the public works director must be secured.
7. A development plan shall be approved by the city engineer prior to the issuance of building permits.
8. All mailboxes shall be clustered.
9. Any item or condition found that indicates the site is likely to yield information important to pre -history
or history shall be reported to the city immediately. Further, the city reserves the right to stop work
authorized in its approval until the site is appropriately investigated and work is authorized.
Approve, by motion, the Development Agreement for Prestigious Woodland Hills Fifth Addition.
Background/Discussion
Case No. P 20-06
The applicant is requesting final plat approval for 31 new single-family lots in Prestigious Woodland Hills, to
be known as Prestigious Woodland Hills Fifth Addition, the last addition in this subdivision
The preliminary plat was approved in June of 2014 and included 111 lots. The current proposal includes the
platting of 31 single-family lots. Park Dedication was satisfied with the transfer of Outlot A, Prestigious
Woodland Hills Third Addition.
R'01WIHE8 6T
Template Updated 4/14 INAMIRE1
Development Agreement
The conditions of approval include a requirement of a signed Development Agreement. The agreement
outlines the costs and responsibilities to the satisfaction of city staff.
Staff and the attorney drafted a Development Agreement outlining these responsibilities and are seeking
Council approval. The Development Agreement closely follows our standard agreement, and outlines required
security in the form of a Letter of Credit and escrow deposits.
Financial Impact
None
Attachments
■ Final Plat
■ Final Plat Resolution
■ Site and Construction Plans dated February 24, 2020
■ Staff Comment Letter dated March 13, 2020
■ Development Agreement
N:\Public Bodies\Agenda Packets\04-06-2020\Final\4.10 sr Prestigious Woodland Hills 5 FP.docx
Vicinity Map
,at fo Scale
SEC. 28 r 33 R. 26
PROPfRry
-COCA noN �
L xw &
�mr y l
PRESTIGIOUS
WOODLAND HILLS FIFTH ADDITION
NNOW ALL PERSONS RY MESE rS? eeneingm PraC—ty, In cwpo-afian,
/re doom If foe /alloning described' PropmfY situated M (he CaunfY It SherbumeP35fore If
lbaaf fy I
Minnesota, fa xi f:
Dutlof A. P SMWS WOWLAND HILLS FWRM ADMnW, according to the rccwded oat
Ihmedr, .--I County, Mrnnesam.
A
as caused the same fa be surveyed and naffed as P Sn0W5 WDOD AND HILLS FIFM AM nW
and does hmL.ey dedicate fo the City It Elk River /w pudic use /wever the Pudic rays as shorn
on this plat. And dsd dedicating to the City or flk Rive /Or public use /Dream the easements as
Ir EASEMEN
CRAINAdE AND uM.1 >5 ARE 9+axx 1Nu£
shown an fh�s oaf /w drainage and u fy P.M. s -Y.
III
o 120
s -I-
In xffness xhwro/ said B Zinger Propwffes, Inc. has caused these p fs fo be signed by it,
Prroer a//faer fo be —ia a/Rxetl this ______ day a/ ---------------- 20______
FEET
"sEVEN2IACER
PROPERnfS 1NC
___1____
Beanng Nofe:
------------------------- -----------------------
me S— Ik,e If W ROTA iW517DWS WVODLAND MLLS FWRM
ADD'nW, Sherbume County. Mfnnreafa, is assumed fa bear N89V1'I]Z.
BONG 10 rt£r 1N WOM, ucefY5 OMCRwrSf WpG 2D.
a
dendfes iron marumenf /dun0 RLS Cap Na 10062
AND AO.N MMIr-fX-xAY Ono£ AND Bf1N0 5 — M
WOM, OVLE55 OMERMSE WWCA—. ANO Aasp P LOr
uxES A£ I. Cx 1NE MAr
SrA iE OF MINNESOTA
CWNIY
(LMess Ommw/se Noted)
the /wegning Msfmmrof was acknowledged be/ore me this ______tlay o/ ------------------
denotes 1/2 gran by ri loco iron plP. reI and
O marked by Licenre numbm 10061
20______� by _____________ _______________________'
_____________ I Benz Propmhes, Inc., a Mfnnesora Cwparafion, on ba+dr
or foe Capwafion.
home)________________________________
No ary Public. ________________ county, M�nnesom
MY Commfssfon EM— ________________________
1 do heeby cmfiry that this oaf was prcpwed by me or undm my dirccf svpmvisiw; that I am
duly licensed Land survey din thS Slate If Rmeso that I»Y war fc a correct represmfafian or
�no� a1 m�ywne �fs droNfed oe the plot n I.I.
eeende cfly set, that l IS a�r fbountlarfes and net
lantls, as denhetl fn Minnesota Sfafu fes 505. 01. Sobd. 3, as a/ the da fe at this cmfi/icafe we
shorn wrd I— w this plat; and all pudic ways arc shorn and IobNed on this plat.
Paul f. Otto. Pra/essfo1 Land Survey
Mfnneaofa Lfcenx No. 0062
cWti OF MINNESOTA
NIY(s ______________________
the /wegaing Surrey's Cmffftoa was ac4noma". be/we me this _____ tlay a/
________, ------- by Paul E. Ott, Land Survey. Minnesota License Na.
4-52.
(Footed name)
I-, Public, ________________ Count/. Mnnesofa
My Cammfsslan tM___ ________________________
Abb—d and acerofed by the afy Council or Me Uty It Elk River. Shebume County, Minnesota of
I
meeting had this ________ day or ---------------- e0______
May
Attest: _______________________________
Clerk
I —Y amff/y that popes evidence or fffle has bren Presrofed fa and examined by me, and I
hereby III— fnfs oaf as to form and execution this _____ day at __________________-
20____
EI4 River L1t- Attorney -----------------------
Pursuant ro —I County D'df . Number 006, 1 hereby certify — fnfs oaf Iran been
checketl and apProvetl as to comoiance with Chaplet 505. MMnesofa Statutes fnfs _____ day a/
20
Sherbume CounfY Survey ----------------
I heeeby Cmtiry faxes parable to the o pa ar _________ ands herein des ad arc id full, d l
and mere ore na dainpuenf nixes, an that fransrm xas entered fnfs _____ day If
---------------
Sherbume County Autlifw/Treogurw I
o-eby Cmfiry that nits fnsfrumenr was bled �n Me O/n'ce o/ me County Reco-dm /w i ecwd m
fnfs _____ tlay o/ ______________. 20____. of ___________ o'clock M. and was duly
recorded as Document N. - — — — — - — — — — — - — — -
Snmbume Caunly Recwdw wTl?
Ertglneers &Lend Surveyas, Inc.
City of
Elk
River
Resolution 20-
A Resolution of the City of Elk River Granting Final Plat Approval for
Prestigious Woodland Hills Fifth Addition
Case No. P 20-06
WHEREAS, application has been made for final plat approval, pursuant to Section 30-374
of the Elk River City Code of Ordinances, of the property legally described on attached
Exhibit A and hereinafter referred to as "the Property"; and
WHEREAS, a preliminary plat of the Property was approved by the City Council on June
2, 2014; and
WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by
the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions set forth by the
City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED
It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with the Chapter of 30 of the City
Code of Ordinances and conforms with all of its requirements.
B. The proposed subdivision is consistent with all applicable general and
specialized city, county, and regional plans including, but not limited to, the
City's Comprehensive Plan.
C. The physical characteristics of the site, including, but not limited to,
topography, soils, vegetation, susceptibility to erosion and siltation,
susceptibility to flooding, and drainage are suitable for the type and density
of development and uses contemplated.
D. The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services,
facilities and improvements otherwise required herein.
E. The proposed subdivision will not cause substantial environmental
damage.
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse impact on the
reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the conditions set
forth in attached Exhibit B.
The officers of the City are hereby authorized, once the conditions set forth in
Exhibit B are met and complied with, to sign the final plat for the Property and to
issue a certified copy of this Resolution giving final approval of the plat.
4. The owner of the Property is authorized to record the final plat as required by law
and shall file proof of said recording with the City. No building permits will be
issued for the Property until the final plat is recorded.
This final plat approval shall expire two years from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 6th day of April 2020.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
i
EXHIBIT A
LEGAL DESCRIPTION
Outlot A, PRESTIGIOUS WOODLAND HILLS FOURTH ADDITION, according to
the recorded thereof, Sherburne County, Minnesota
EXHIBIT B
CONDITIONS OF APPROVAL
1. A developer agreement be prepared and executed outlining the terms and conditions of the
plat approval prior to releasing the plat for recording.
2. Water Availability Charge shall be paid in the amount required by the city at the time the
Final Plat is released for recording. (currently $368/ plumbing unit)
3. Staff approval of all site, landscaping, engineering, and stormwater plans.
4. Streetlights shall be installed as required by Elk River Utilities.
A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the
public improvements.
Upon completing all public improvements and having them accepted by the city, a security
or warranty in a form acceptable to the Public Works Director must be secured.
A development plan shall be approved by the city engineer prior to the issuance of building
permits.
8. All mailboxes shall be clustered.
Any item or condition found that indicates the site is likely to yield information important
to pre -history or history shall be reported to the city immediately. Further, the city reserves
the right to stop work authorized in its approval until the site is appropriately investigated
and work is authorized.
i
PRESTIGIOUS WOODLAND HILLS FIFTH ADDITION
ELK RIVER, MN _µf
II I I ••V_ / \ \ \ _ E"r xw� SCALE: I'=50'
I I SHEE1- INDEX
SHEET NO. EP DESCRIPTION
H COVER SHEET
I J n \ \ 2 SANITARY SEWER & WA TERMAIN - 195TH AVENUE N11/195M CIRCLE
L 3 SANITARY SEWER & WA TERMAIN - YORK STREE ( NW
4 SANITARY SEWER & WA TERMAIN - UTILITY CROSSING & ZUMBRO STREET NW
5 STREET & STORM SEWER - 195T/I AVENUE NW/195M CIRCLE
6 STREET & SIORAt SEWER - YORK STREET NW
r _ _ 7 STREET & STORM SEWER8 GRADING PLAN
- ZUMBRO STREET NW
fj�A r \ OLLUTON PREVENTION PLAN NARRATIVE
:T� 3 0 9 STORMWA TER P\ IO STORMWATER POLLUTION PREVENTION PLAN
• 3 lJ� 5 \ ;I DETAILS
2 DETAILS
- ull 0 - C) \ i3 DETAILS
VICINITY MAP
NOT i0 SCALE
fj \
J
� 6
SECTIONS 28 & 29 TOWNSHIP 33 RANGE 26
PROPERTY
y LOCATION
A � ; u
c�
yeR
9-i
28
g�t
— ... — — „ ❑ 7 �
APPROVED FOR CONSTRUCTION:
' ELK RIVER Litt ENGINEER - JUSiiN P. IEMRiiE. PE
w PRESTIGIOUS WOODLAND HILLS FIFTH ADDITION oJE 9-0
COVER SHEET � 19-0318
BENZINGER PROPERTIES
Q5O �a��9 s,,erw., "B232 ELK RIVER, MN ISHEETNO. 1 OF 13 SHEETS " 2-24-20
I.).
A
_T
_�
-
_
lb
I
JV
^
R`ro
ell,
RI1 I!
J
tt^O
���
SE
/
_ I —
— L
-
9s
_ was
_ —
Fps
sEx
r
--
IF
- ! /°r 'TN
rye.
C
I
`�
- B' dv
s
AS A.emLR
Sr c irlint Vr ?-r !,
'V
\
6 r nS
'
rT�i
-�
---
— —
N
` SyFF%2 �v 4(b
F;
I ,
ry
J
SCALES: 970 970
1'=50' HOR
'=10' VER
g
YORK STREET NVI/
960 --
,, ,, ,, ,,
,, 950
-PRLWOSED CENT ftlNE P LE ''....
''..
950
-
950
940
�°�
940
930 REMOVE
EXIST
_
... 930
&6'GV.
CONNECT
CONNECT IO
LOWRED
920
N ',, ®2SX'
BUILD SAN MH OVER
E ISF B' PVC
- SANITARY SEWER
910
910
1NV= 901,76 VERIFY
MCE
INV IN
IN IN (W)=901 l6 I
INV OUT_(E)=90176
890
(KERIFY)
690
+00
12+00
13+00
1+00 15+00 16+00 I1+00
Ig+00 19+00
20+00
.IF M GYP si9) r
NOTES:
1. ALL D.IP. WATERMAIN SHALL BE CLASS 52
UNLESS OTHERWISE NOTED.
2. ALL B' PVC SANITARY SEWER SHALL BE SDR 35
UNLESS OTHERWISE NOTED
3 SANITARY SERVICES SHALL BE A' PVC SDR 26
A WATER SERVICES SHALL BE 1' COPPER WITH I-
CDRP5 CHYDRANT LEADS SHALL BE 6' DP CLASS 52
6 CONTRACTOR SHALL INSTALL HYDRANT
EXTENSIONS AS NECESSARY WHERE WM HAS BEEN
LOWERED TO AVOID CONFLICT WITH OTHER
U TIL iES EXTENSIONS SHALL BE CONSIDERED
NCDENTAL TO HYDRANT COST
] INSTALL HYDRANTS 5' BEHIND CURB
B 'HYDRAFNOERLOCATING DEVICES SHALL BE
NSTALLED ON ALL HYDRANTS. FOR EVERY 5
HYDRANTS INSTALLED, ONE EXTRA HYDRANT
LOCATIN
G DEVICE SHALL BE DELIVERED TO THE
ELK RIVER MUNICIPAL UTILITIES. COST SHALL BE
INCIDENTAL TO HYDRANT INSTALLATION.
9 ALL CONSTRUCTION SHALL BE IN ACCORDANCE
WITH THE CITY OF ELK RIVER DESIGN STANDARDS
LATEST EDITION.
10. CDN TRACTOR SHALL STAMP 'W' AND/OR 'S'IN
CURB AT WATER AND SEWER LOCATION WHERE
WATER AND SEWER SERVICE CROSS CURB
STAMPING SHALL BE INCIDENTAL COST OF CURB.
p Ecrn'o
csoEO r�B -' PRESTIGIOUS WOODLAND HILLS FIFTH ADDITION SANITARY SEWER &WATERMAIN
cHec em� elele�M,,,esola. °i BENZWGER PROPERTIES
YORK STREET NW R 19-0318
c9a no'n J682S5p ELK RIVER, MN
SHEET NO. 3 OF 13 SHEETSII—"2-24-20
°_ o °.Roes.; `_s LLn�rousHna RE �. *� � � � ♦ & _ _ _ _ - SF� q,{�
W1. 1. ll, Of"ELK"ILL MYER E.I. Stp EAEB
90.11
-TRACtop BALL s*AMP'WA"TDw°R aE"
�o
stLES ost 9809R 980 SCALES: 980
SCALES
1'=50' V RR
UTILITY :....CROSSING
1:=So. VER
9B0 :...... ZUMBRO STREET NW
,.-PPOPDSED CEN7ERLINE PROFILE
960
__ __ ?
^
Es
_ n
_ _ __ _ _
_950
950 PROPOSED PROFlLf - e
950
- 2 ¢
v 9,0
>2
__ ---- - -__
940 COMER 4H_
940
a
.0 '¢ _ 2rc - D�P�WM
CWNECI I- 940
':.
B'OP Mfu
930
-�
35
EXIST. B MM---
SOR 35 u W/ B:B• IFf
t10 LF 545% 930
930 12'gp:.,,. MPA
930
_
_ - - - - __ - (SEE SHEET 2)
-=
920 ,. 920
B• PYT S0.9 35 - _ - '..
120 LE B• PYC SDR J5 t37 LF ®a.1 -
0 d.,. E. 74S
920 .� 920
ED
�..-ExI511NG ' wAIERMAM-;}
TO 2 COVER NM 2)` -
L�F
BIDBID
BED900
900
0+00 1+p0 1+00 3+00 4+ED
-0+50
-1+00 0+00 1+00 2+00 3+00 4+00 5+00 6+00
ocsoEo E s jj�� w PRESTIGIOUS WOODLAND HILLS FIFTH ADDITION SANITARY SEWER & WATERMAIN PHo°EcrAo
BENZINGER PROPERTIES UTILITY CROSSING & ZUMBRO STREET NW 19-0318
ELK RIVER, MN
SHEET NO. 4 OF 13 SHEETSI—" 2-24-20
t_ rxettx 3 ` Ig - s - I
N m _ _ -
IV v
--`�i� gym_
o � rauxT
r
r — f f 7-1 1 T
�
\ N
_{ v-
C� 0 \ j
c)
2-VA�
/ = _ _
10
SCALES: L
1"-5D' E R
V
1.=10' R
Ill
960
DETAIL A
195TH
AVENUE
/ 195TH
DETAIL C
o$
NW CIRCLE
5'1 E6W, � WA�DW.
9)0
.--DtASHCUARD
D
3 R _
PROWSED - f
q
N 0935 8 PW ELEV 1Ill 10
lT..
...._
ELEV
INV 91J 90
RLP
E ='.016 E - 2.
LDW PDINI SlARW=0+60.-4 HIGH PgNI SlA RON=l+58.65
_LOW PONT LfV-
-936.60 ':HIGH POINT LEV=931.19:
: W1 9!A + 1+50.00
_ P 00
PRNOSEO _ I...I
PROFLE
960
o
$
STA
PW ELEV5922 0
E T 00.64
L 3 00
HIGH PONT 5!ARW=6+50 DO
-
$ h
E 199
LOW NIT SIADON-5+1a 68
/lICH
POINT ELEV=935a3
950
-
:':
LOW POINT ELEV-91595
_ _ __
"-. ""
950
a
g � $ n
- PROPOSED CENlERL NE PROFLE
$
_
y� �
i
PROPOSED DETAIL D
-
3� g gIw
_
p
31 F IT RCP
�
w
yj:,g
�1
I
vw"'ry I
cg
Q
_
-
- __ w
t
PRO LE
n
I '
A
ww
a
w
m
.
1a2 1
w
g g
n
I hh\
Ntyn
�
I<JR
n 11 LF IS" RCP
930
3J 2' RCP -- -
LF 1
!T'
12" RCP <- RCP ®100X
-'SB
/ w a -'
- �
g g
$� r :
16 LF 21" RCP
9J0
PRGI•ILE
'
� ".{ h ! ryh ryM
!1' RCP
�
11 RCP
_
PROPOSED PROFLE- . /" 3T LF 11' RCP
®060R
IS' RCP O 050R
- _ T RCP
_ _IO LF (iNtt FES)
^
- m 1)OR
- -
RIM=929.41
CB2 b+66
920
Z I$' RCP ®OlOR
'
'.•?
15' RCP lag"LF 15" R
15" RCP
, RIM 929.43
r L`
INV
920
Fill
1{5tI. AS4CUAFill
RD W/
$
`
- a
�h`~- 92000
IMV=910 01
2
56 LF IT"
$
!� 12 RCP _ `N
;
31 LF !2' RCP
910
41;
® al _44 LF 12' RCP
` `
cs 2 2
$
INV W (NE)=926 DI
-Ill .43
$
--INV W (NE =920 IS
'',
ny i
-
INV OUT (W) 9-6.01
-
yl
9W
-3100 -2+00 -,1w O+W 1 2+00 31:00 41'00 5+0 6+00 1i00 8+00 9+W 10i00 IIi00 12i00 12i50
W �Ec*'o:
�csoE� ! 9 r ° -. s PRESTIGIOUS WOODLAND HILLS FIFTH ADDITION STREET &STORM SEWER PLAN R 19n
0318
HE TTO BENZINGER PROPERTIES 195TH AVENUE NW / 195TH CIRCLE
ELK RIVER, MN
eso _ aesaLa$es�aro�.l°° J682s5zz SHEETNO. 5 OF 13 SHEETS - e 2-24-20
B. f
T - 9=
P
co
I _ _
ar
:
I _ c
e
a�
t i
n.
YORn ST.
x"
s
ice,
4
(b
SIRUCMRE NO
SMUCMRC SIZE
CASBNG
CB1
2/"x36"
NEENAH R 3061-V
CB2
2/ x36'
NEENAH R-3061-V
CB3
2/ .36'
NEENAH R-3062-VB
CB/
2a ".36'
NEENAH R-30 7-V
C85
2/"x36'
NEENAH R-3061-48
CB6
2/ .36'
NEENAH R-3061-V
CB2
27'0
NEENAH R /3/2
C 11
/B'B
NEENAH R 3061 V
C H2
/8'1
NEENAH R 3061 V
CBNH3
68'B
NEENAH R 3061 V
C .H/
/B'B
NEENAH R-3061-V
C H5
/B'B
NEENAH R-3061-V
CBNH6
/8'B
NEENAH R-3062-VB
CB4H)
/B'I
NEENAH R-30 7-V
C UH8
/B'B
NEENAH R-3061-V
C UH9
/B's
NEENAH R-3061-V
CBNHrO
/8'0
NEENAH R-3062-VB
-1
68'I
NEENAH R-1133'
M12
/B'B
NEENAH R-1133-
-3
/B'e
NffNAH R-1133x
'LABELED "S MR4 SEWER"
9Bo
gWl
w1 s oD B
PW 5rA = 1214R./2
E E 95600
L ao. oo
PORK STREET NW
9)0
rD.so
PIA ELEV = 95&OO
L=10o 00
-
-
E :0.23 a
u C Pp PANr 9 A 99/2
ILH T ELEV
HIGH PONT SIA t0+•80./1
HIGH Pow ELEV N
�g
vP IB 5 A I/ 2
PELfrSo 051 .00 ,00
VP1 EL : 16+/9 /5
PN ELEV 00
'.... DETAIL F
760
f 089
g�
�93/
S1n636+99
PROPOSED PROFLE-.
u
960
V`i C
wGH PgNr srA s.sD.00
H1CH PgNr ELEV-953.1/
€ow PANT /5
LOW PRNT ELEV 93212_
960
ii
950
-285%
w
a
ALP-...
37 LF 15"RCP
& a 70%
r ^12"
,. 950
- a _
ir1 LF !22 RCP RCP
9/0
o
S
-
l>)LF '..
>Z� �
''..
-:> � '..,
'.
930
'. PROPOSED CENIERl1NE PROFILE-
'... r1.
_ -
930
8 LF 12" RLP ®] 80% 1 :
32 LF 15` RCP - 1.00%— •r
'..,,.
910
IN '., (N) 92&/6.-,�
tiVV 1N (f) 97&21
920
_
NV our (w)= 01
B& R8
--
�,h
7:=
10
n, H s.a
-
-
a _
s10
lliW l2+00 13+00 I/i00 15i00
l6+0o 17+
lB+Oo l9+00 20100 24W
22100 23+00
y
a
PRESTIGIOUS WOODLAND HILLS FIFTH ADDITION
STREET & STORM SEWER PLAN
—TAo:
n o
D
TTO r
BENZINGER PROPERTIES
YORK STREET NW
19 0318
c5o
aLasA,.an,ovo l
a`iA3JEe 3.
ELK RIVER, MN
ISHEETNO. 6 OF 13 SHEETS
" 2 24 20
s:
�s seesHeeT .� �' UMBFtO
>
o
Al—
�ffi Q a v/
s y�FT `C 4 .6T
SCALES:
99D
--;o VHO
ER
ZU BRO STREET NW
$
920
g
920
PROPOSED.
PRgltf
IAb 5" qq 1+p000
Pw ELEVi= gat 00 g
WI SIA 9 -W
N PN a 95300
CEN RRL/Nf
_
L2 W gg�
L 0W
960
-
c r _ ,ems -. r
LOW PpNI STA ]+OO. pO., g
LOW PgNI IREV 93909'.
025
Hlgl PgNI S 7500
Hlgi PWNT LEV 95995.
h
960
88 _-_
R
__ _
DETAIL G
_
N
_- 1.94%
PROPOSED PROFILE-.
950
h
zi
105R
2 &
950
w
w
MN-9a5.51
^RLM-9a5.81
o
q3$�
Gh -
rn W 6 pOR
a6 LF (INCL. FES)
-•
g g
12' RCP O 0 90%
9a0
h'%
12•....RCP-
3 .-
940
I;g8$
'.., 11IWP
w
ITS
MASNOUAR/D .
j;9 LF t1" RL'P ®.,,,.
t
IN.99281
-12'RCP
-2'IXI$
�
V=9J200
�
�. 31 LF 12" RCP
tO100R
930
-
-
WV IN (SE)=991
93099 F
NW- 4
INV WT (N)=93291
1120
_
910
ow,..aH
910
-?+00
I+00
0+00
t+00 1+00 3+00 9+00 5+00 6+00
2+00 B+00
Z,I 10+00 10+50
CsoE 9
HEc
�c5o
pl
a , PSa,
�Ci
TTO1'
eSn-Fe2352T
PRESTIGIOUS WOODLAND HILLS FIFTH ADDITION
BENZINGER PROPERTIES
ELK RIVER, MN
STREET & STORM SEWER PLAN
ZUMBRO STREET NW
ECTAO:
PPo 19 0318
ar�orro
-
SHEET NO. 7 OF 13 SHEETS
TE
� 2 24 20
I � � d f s Ex s'ng Conr EI
.nn • ,
L \ � ` 1 �� \ P \ d f a TNephone Pedesfalfian
a s Elecmcal Pexsra N i � '` � t\t\ � d f e Warn vaxe
e fa Ndrar
\ \ s ll Z.;, uannore
5 g -\ _ d less coa ins e
nxo
N _
) I I I� � L s i ° o� i /, rR d.o. sari � \ \ \ eenofea undn9roantl Eieamaal Lae � r.,
IR;o-
:'
3
4
1
I
5
A�
F� m6- \ M1 _ \ den f s Underground Cable Lne SCALE' 1"=50'
I d f e Son,fary Senn L ne
\ es Sfarm Server Lne
d lea Undngrountl TNepnone L-ne G=9a0.0
d f s Overhead Elecfnc LneI., ElEl ITT 9sD.3
d f s Finae Lne lElEl ElElLL 931.3
0 \ \ r d fes Ex sf ng CO —a wE L0=931.3
es IA, lang Sef— sin WO rl r \ denof Fronf 30' 60'z56 Rno WxE
`LT See 10' (garage-5') arsoE woof ELEv�s OB
Rear = 30'
\ \ R w
\ 30' VARIES ]D'
3 3,
DARAw
p m TRON
�C\ \ E rw(RERAE r9c)
9AA�\ \ ) TYPICAL PULL WALKOUT (WO) swL Euw.)
5 „ \0 011.
R/W
:a
9 m
\ \
936 `
3 6A_HC D_. Wu RDw DARADWg
sEnaii l=LF (Aa/excsoie ))
TYPICAL FULL BASEMENT
s�j51 \ \ .r W/LOOKOUT WINDOWS (LOOKOUT)
R/w
I= — o66
VARIES SD' 30'
195TH CIRC E ! z \ \
R RDADw Au
+�9,� GNAO uC— DE
936 9)8 f �9SB coxmaoL rusuesai (ecvVspisi)"cx.)
SLAB ON GRADE (BOG)
�• xe �' a 5; \ \/ HOUSE PAD DETAILS
xW
I E,I I..... \
�csoE� rde " - PRESTIGIOUS WOODLAND HILLS FIFTH ADDITION GRADING PLAN 19 0318
g ffeO
c esD _"n'le ,mesa. �Q Fs��`rs �sz-s�zz BENZINGER PROPERTIES TE.
.. ELK RIVER, MN SHEET NO. 8 OF 13 SHEETS 2 24 20
GENERAL PROJECT INFORMATION
PROJECT LOCATION AND NARRATIVE:
THIS PROJECT CONSISTS OF A 31 LOT SINGLE FAMILY SUBDIVISION IN ELK RIVER, MN THE 51TE Is LOCATED
NEAR LONGITUDE-935911, LATITUDE 45. 3255. THE SITE IS ACCESSED FROM YORK STREET NW AND 195TH
AVENUE NW
CONSTRUCTION ACTIVITIES INCLUDE GRADING, UTILITY INSTALLATION, AGGREGATE & BITUMINOUS PLACEMENT,
CURB AND GUTTED,, SIDEWALK AND BITUMINOUS TRAIL CONSTRUCTION, STORM SEWER INSTALLATION,
INFILTRATION BASIN CONSTRUCTION. AND HOMEBUDDING.
CONSTRUCTION IS PLANNED TO BEGIN SUMMER OF 2020 AND HOMEBUILDING IS ANTICIPATED TO EXTEND
INTO 2022.
RESPONSIBLE PARTIES
CONTRACTOR MUST BE TRAINED FOR BOTH CONSTRUCTION INSTALLER AND SITE MANAGEMENT PER
REOUIREMENTS OF THE PERMIT, PART IILF
BENZINGER PROPERTIES INC. JEFF BENZINGER 763-428-3039
OWNER CONTACT PERSON PHONE
OTTO ASSOCIATES INC, CARA SCHWAHN OTTO 763-632-4727
PLAN PREPARED CONTACT PERSON PHONE
TRAINING: 1112912018 (EXPIRES 2022) U OF MN CERTIFICATION - DESIGN OF CONSTRUCTION SWPPP
312912017 (EXPIRES 2020) U OF MN CERTIFICATION - SITE MANAGEMENT
CONTRACTOR (RESPONSIBLE FOR CONTACT PERSON PHONE
INSTALLATION & INSPECTION)
CITY OF ELK RIVER BRANDON WISNER 763-635-1054
PARTY RESPONSIBLE FOR LONG TERM 0&M OF CONTACT PERSON PHONE
PERMANENT STORMWATER MANAGEMENT SYSTEM
PROJECT AREAS'
TOTAL PROJECT SIZE (DISTURBED AREA) = 15.0 ACRES
EXISTING AREA OF IMPERVIOUS SURFACE = 0.0 ACRES
POST -CONSTRUCTION AREA OF IMPERVIOUS SURFACE = 4, Z ACRES
TOTAL NEW IMPERVIOUS SURFACE AREA CREATED = 4, Z ACRES
RECEIVING WATERS
SURFACE WATERS AND WETLANDS THAT WILL RECEIVE STORM WATER RUNOFF FROM THE SITE AND ARE
WITHIN ONE (1) MILE OF THE SITE ARE INDICATED WITH DIRECTION ARROW ON THE SWPPP PLAN SHEET
AND ARE LISTED BELOW
NAME OF WATER BODY IMPAIRED WATER
UNNAMED WETLAND NO
THE OWNER SHALL SUBMIT A NOTICE OF TERMINATION (NOT) AFTER ONE OF THE FOLLOWING HAS BEEN
COMPLETED, WHICHEVER OCCURS FIRST
1. WITHIN 30 DAYS AFTER FINAL STABILIZATION (PERMIT SECTION XG IS COMPLETE,
Z WITHIN 30 DAYS AFTER SELLING OR OTHERWISE LEGALLY TRANSFERRING THE ENTIRE SITE.
3 IF 907 (BY AREA) OF ALL ORIGINALLY PROPOSED CONSTRUCTION ACTIVITY HAS BEEN COMPLETED AND
PERMANENT COVER HAS BEEN ESTABLISHED ON THOSE AREAS
ALTERNATIVELY, THE OWNER MAY SUBMIT A PERMIT MODIFICATION FORM FOR EACH
HOMESUDDER/HOMEOWNER AS LOTS ARE SOLD. THE NEW OWNER/CONTRACTOR SHALL BE RESPONSIBLE
FOR AMENDING THE SWPPP AS NECESSARY TO SPECIFICALLY ADDRESS THEIR WORK AND SUBMIT A NOTICE
OF TERMINATION (NOT) ACCORDING TO THE SAME REQUIREMENTS ABOVE,
CONSTRUCTION ACTIVITY NOTES
ALL CONSTRUCTION ACTIVITIES MUST MEET THE REQUIREMENTS OF THE MPCA S NPDES GENERAL
STORMWATER PERMIT FOR CONSTRUCTION ACTIVITY.
EROSION PREVENTION'
ALL EXPOSED SOIL AREAS RADA STOCKPILES) MUST BE STABILIZED, STABILIZATION MUST BE
INITIATED IMMEDIATELY TO LIMIT SOIL EROSION BUT COMPLETED NO CASE LATER THAN 14 DAYS
AFTER THE CONSTRUCTION ACTIVITY IN THAT PORTION OF THE SITE HAS TEMPORARILY OR
PERMANENTLY CEASED.
TEMPORARY TURF RESTORATION SHALL BE MNDOT SEED MIX 25-121 ® 61 LB/ACRE WITH
MNDOT TYPE I MULCH ® 2 TONS/ACRE (DISC ANCHORED) AND 12-5-70 TYPE 3 FERTILIZER
(350 LBS/ACRE). STABILIZATION MUST BE INITIATED IMMEDIATELY BUT IN NO CASE COMPLETED
LATER THAN 14 DAYS AFTER THE ACTIVITY IN THAT PORTION OF THE SITE HAS TEMPORARILY
OR PERMANENTLY CEASED.
PERMANENT TURF RESTORATION SHALL BE SEED OR SOD (PER HOMEBUILDER). AFTER HOME
CONSTRUCTION,
THE FOLLOWING SHALL BE INSTALLED WITHIN 24 HOURS OF CONNECTION TO SURFACE WATER:
1) ENERGY DISSIPATION UNPRAP) AT ALL OUTLET APRONS
2) STABILIZATION OF THE NORMAL WETTED PERIMETER OF ANY TEMPORARY OR PERMANENT
DRAINAGE SWALES WITHIN 200 OF EDGE OF SITE OR CONNECTION TO SURFACE WATER
SEDIMENT CONTROL PRACTICES
A 50 FOOT NATURAL BUFFER SHALL BE MAINTAINED FROM ALL SURFACE WATERS
ENTERING/EXITING THE SITE SHALL OCCUR ONLY AT ROCK CONSTRUCTION ENTRANCES TO LIMIT
TRACKING OF SEDIMENT ONTO STREETS
SEDIMENT TRACKED ONTO STREETS DURING WORKING HOURS MUST BE RECLAIMED VIA
SCRAPING AND SWEEPING AT END OF EACH WORKING DAY,
TEMPORARY SOIL STOCKPILES SHALL HAVE SILT FENCE OR OTHER EFFECTIVE SEDIMENT
CONTROLS INSTALLED AT THE BASE ON THE DOWNGRADIENT PERIMETER. NO STOCKPILE MAY
BE PLACED IN ANY NATURAL BUFFERS OR SURFACE WATER
IF DEWATERING IS NECESSARY, DISCHARGE SHALL BE TO A TEMPORARY OR PERMANENT
SEDIMENT BASIN IF INFEASIBLE, CONTRACTOR MAY DEWATER TO SURFACE WATERS IF THEY
VISUALLY CHECK TO ENSURE ADEQUATE TREATMENT HAS BEEN OBTAINED AND NUISANCE
CONDITIONS WILL NOT RESULT, NO EROSION OR SCOUR AT THE DISCHARGE POINT SHALL
OCCUR AND WETLAND INUNDATION SHALL BE CHECKED THAT IT DOESN'T CAUSE ADVERSE
IMPACT TO THE WETLAND.
CONSTRUCTION SEQUENCING'
1) PRECONSTRUCTION MEETING
2) INSTALL PERIMETER SILT FENCE & ROCK CONSTRUCTION ENTRANCE,
3) INSTALL DOWNSTREAM INLET PROTECTION TO OFF -SITE CATCH BASINS
4) TOPSOIL STRIP.
5) ROUGH GRADE SITE & STABILIZE DISTURBED AREAS ACCORDING TO THE NPDES PERMIT
TIMELINE LEAVE INFILTRATION BASIN 3' HIGH, INSTALL PERIMETER SILT FENCE AND 510E
SLOPE BLANKET AROUND BA51N TO PROTECT DURING CONSTRUCTION,
6) INSTALL UTILITIES,
T) COMPLETE ROAD CONSTRUCTION.
8) COMPLETE INFILTRATION BASIN CONSTRUCTION & RESTORATION.
9) INSTALL PRIVATE UTILITIES - GAS, ELECTRIC, TELEPHONE, ETC
10) TOPSOIL RESPREAD,
11) STABILIZE DISTURBED AREAS WITHIN PERMIT TIMELINE
12) HOME CONSTRUCTION.
13) RESTORE SITE WITH PERMANENT RESTORATION AS HOMES ARE BUILT
14) REMOVE SEDIMENT CONTROL DEVICES AND SUBMIT NOTICE OF TERMINATION (NOT) TO
MPCA ONCE ALL DISTURBED AREAS HAVE 70% VEGETATIVE DENSITY.
EROSION & SEDIMENT CONTROL BMP ESTIMATED OUANTITES
QUANTITIES LISTED ARE APPROXIMATE. REFER TO CONTRACT DOCUMENTS FOR EXACT
QUANTITIES
BMP EST QUANTITY
SILT FENCE
6,800 IF
ROCK COAST, ENTRANCE
1 EACH
MNDOT SEED MIX 25-121, TYPE 1 MULCH,
12-5-10 TYPE 3 FERTILIZER
8 AC
SEED OR SOD (PER HOMEBUILDER)
8 AC
MNDOT SEED MIX 33-261
1, 700 SY
IN -STREET INLET PROTECTION
18 EACH
GREEN AREA INLET PROTECTION
1 EACH
BIOROLL INLET PROTECTION
1 EACH
MNDOT 3885 CAT 3N EROSION CONTROL BLANKET
6, 560 SY
CL, IV RICRAC
5.8 CY
SEDIMENT TRAP
3 EACH
CONSTRUCTION NOTES
INSPECTIONS AND MAINTENANCE
THE CONTRACTOR MUST HAVE A TRAINED PERSON TO ROUTINELY INSPECT THE CONSTRUCTION SITE
ONCE EVERY SEVEN (Z) DAYS DURING ACTIVE CONSTRUCTION AND WITHIN 24 HOURS OF A RAINFALL
EVENT GREATER THAN 0.5 INCHES IN A 24-HR PERIOD. INSPECTION LOGS SHALL INCLUDE ANY
CORRECTIVE MEASURES TO BE TAKEN. CORRECTIVE MEASURES SHALL BE COMPLETED BY THE END OF
THE NEXT BUSINESS DAY AFTER DISCOVERY UNLESS OTHERWISE SPECIFIED DUE TO FIELD CONDITIONS
THAT PREVENT ACCESS TO THE AREA.
ALL INSPECTIONS MUST BE RECORDED AND RECORDS RETAINED WITH THE SWPPP ON SITE THE
SWPPP, ALONG WITH INSPECTIONS AND MAINTENANCE RECORDS, SHALL BE RETAINED FOR THREE
YEARS AFTER SUBMITTAL OF THE NOTICE OF TERMINATION (NOT).
SILT FENCE MUST BE MAINTAINED WHEN ACCUMULATED SEDIMENT REACHES 112 OF THE DEVICE
HEIGHT. INLET PROTECTION DEVICES SHALL BE CLEANED ON A ROUTINE BASIS SUCH THAT THE
DEVICES ARE FULLY FUNCTIONAL FOR THE NEXT RAINSTORM EVENT REMOVAL AND DISPOSAL OF THE
SEDIMENT SHALL BE INCIDENTAL TO THE CONTRACT,
ROCK CONSTRUCTION ENTRANCE(O SHALL BE CLEANED AND REFRESHED AS NECESSARY TO
CONFORM TO DETAIL,
STREET SWEEPING SHALL BE USED IF VEHICLE TRACKING BMP S ARE NOT ADEQUATE TO PREVENT
SEDIMENT TRACKING ONTO STREETS
POLLUTION PREVENTION'
ALL SOLID WASTE GENERATED BY/COLLECTED FROM THE CONSTRUCTION SITE MUST BE DEPOSITED IN
A DUMPSTER
BUILDING PRODUCTS AND LANDSCAPE MATERIALS SHALL BE PLACED UNDER COVER LIE PLASTIC
SHEETING OR TEMPORARY ROOFS). THIS ALSO APPLIES TO PESTICIDES, FERTILIZER AND TREATMENT
CHEMICALS
NO CONSTRUCTION MATERIAL SHALL BE BURIED OR BURNED ONSTE,
ALL HAZARDOUS MATERIALS (OIL, GASOLINE, FUEL, HYDRAULIC FLUIDS, PAINT, ETC) MUST BE
PROPERLY STORED IN SEALED CONTAINERS TO PREVENT SPILLS, LEAKS OR OTHER DISCHARGE
STORAGE AND DISPOSAL OF HAZARDOUS WASTE MUST BE IN COMPLIANCE WITH MINN. R. CH 7045
CONTRACTOR SHALL ENSURE ADEQUATE SUPPLIES ARE AVAILABLE TO CLEAN UP DISCHARGED
MATERIAL AND THAT AN APPROPRIATE DISPOSAL METHOD IS AVAILABLE FOR RECOVERED SPILLED
MATERIALS CONTRACTOR MUST REPORT AND CLEAN UP SPILLS IMMEDIATELY,
ALL VEHICLES LEFT ONSITE SHALL BE MONITORED FOR LEAKS TO REDUCE THE CHANCE OF
CONTAMINATION.
EXTERNAL WASHING OF TRUCKS OR OTHER CONSTRUCTION VEHICLES. ENGINE DEGREASING, NOR
CONCRETE WASHOUTS ARE ALLOWED ON SITE TRUCKS ARE TO USE SELF-CONTAINED WASHOUT
SYSTEM,
PORTABLE TOILETS SHALL BE SECURED FROM BEING TIPPED OR KNOCKED OVER.
THE CONTRACTOR SHALL MONITOR AND PROVIDE DUST CONTROL CORRECTION WHEN NEEDED. THIS
WORK IS CONSIDERED INCIDENTAL TO THE CONTRACT
ALL SPILLS SHALL BE CLEANED IMMEDIATELY UPON DISCOVERY SPILLS LARGE ENOUGH TO REACH
THE STORM CONVEYANCE SYSTEM SHALL BE REPORTED TO THE MPCA STATE DUTY OFFICER AT
1-800-422-0798.
FINAL STABILIZATION'
THE CONTRACTOR MUST ENSURE FINAL STABILIZATION OF THE SITE PRIOR TO SUBMITTING NOT
SUFFICIENT TOPSOIL (6) SHALL BE PLACED ON DISTURBED AREAS FOR RE -VEGETATION, TOPSOIL
SHALL BE PLACED IN A MANNER TO MINIMIZE COMPACTION (LOW GROUND PRESSURE DOZERS,
TRACKED EQUIPMENT, ETC).
VEGETATIVE COVER MUST CONSIST OF A UNIFORM PERENNIAL VEGETATION WITH A DENSITY OF 709
OF ITS EXPECTED FINAL GROWTH.
PERMANENT STORMWATER TREATMENT SYSTEMS MUST BE CLEANED OF ANY ACCUMULATED SEDIMENT
PRIOR TO SUBMITTNG THE NOT.
ALL TEMPORARY EROSION CONTROL MEASURES AND BMP S MUST BE REMOVED AS PART OF THE
FINAL SITE STABILIZATION,
TRAINING REQUIREMENTS:
CONTRACTOR MUST BE TRAINED FOR BOTH CONSTRUCTION INSTALLER AND SITE MANAGEMENT PER
REQUIREMENTS OF THE PERMIT, PART II1E DOCUMENTATION SHALL BE ADDED TO THE SWPPP
DOCUMENTS LOCATED ONSITE
STORMWATER POLLUTION "'"°
PRESTIGIOUS WOODLAND HILLS FIFTH ADDITION R 19-0318
�aen� TTO BENZINGER PROPERTIES PREVENTION PLAN NARRATIVE
eso m ee..tals,9es`ner :ocs>sez.�ezz ELK RIVER, MN SHEET NO. 9 OF 13 SHEETS ° rF. 2-24-20
I
I
I
—r FY�i
J 'rJJ
.•J`JJ 1(
(1 ,
I
.g
INSTALL M,}Ill DOT 10W
3 EROSION CONTROL 0
BLANKET W/
SIODE RADABLE—� _
NATURAL 0 &
SEED BET EN CURB
& TY LINE PRO°�R
�INSTALLv& MAINTAIN -
ROfK rnNsni,,rnnN
SIG, w e,e p
esaEo o�ae,v ,�e o,a„ esmre wn,,,,,eso,a.
H�cke'�,n
c asao
12-5-10 TYPE 3 FERnu2ER _
PERMANENT RES TORA TOW: SEED OR
SOD (PER HOMEBUILOER)
�-1
\ N
C> \ \ SITI: IS WITNIN ONE MILE OF UPPER gi0N0 LANE (IMPAIRED WRIER) ,..,
'r� \ HOWEVER. NO RUNOFF IS PROPOSED i0 DRAIN i0 MIS WRIER BODv.
)c SCALE: 1"=50'
^' \ \ • v,' / '� DENOTES GREEN AREA INLET
R ` �,.,, PROTECTION
2 j DENOTES IN -STREET INLET PROTECTION
y DENOTES PRE CONSTRUCTION
SLi FENCE
o—a DENOTES SLi FENCE i0 BE
NSTALLED AFTER GRADING &
JTU C-PLEi ON
OSION
BOOEGRRDERBLE ONTRDL NETT TIND
BR SEED
938 /�9 28 \ /
PRESTIGIOUS WOODLAND HILLS FIFTH ADDITION STORM WATER POLLUTION 19-0
318
a �es1 oVs�'� BENZINGER PROPERTIES PREVENTION PLAN 9-0
Fasa�sa -0Ans
ELK RIVER, MN
SHEET NO. 10 OF 13 SHEETS 2-24-20
I
B TRAIL
.�
Elk, :-
River
VICAL S
TYPICAL SE -ON
2012
PEDESTRIAN CURB RAMPS
FOR SIDEWALKS
�p0
P
pil8 �
f
ROCK CMSTRUCTION ENTRANCE
B -ND PERMIT 2015
i �J]Ir
1
—A
s
STANDARD MANHOLE
a
River
2501
TYPICAL URBAN RESIDENnAL
STREET SECTION
2010
DcsoED rye j.w M - PRESTIGIOUS WOODLAND HILLS FIFTH ADDITION DETAILS 19 0318
s LAnn JJ., e ,,,esoa. TTD BENZINGER PROPERTIES
, ELK RIVER, MN
SHEET NO. 11 OF 13 SHEETS 2-24-20
^z
e
e
�.
R M
/
STANDARD MANHOLE CASTING
2506
HYDRANT RESTRAINT DETAIL '.
ok':,or 3402
STANDARD INLET CASING
2507
a,
rncaQ
GRATE —INC
2509
�csoE� rye j .w M - PRESTIGIOUS WOODLAND HILLS FIFTH ADDITION DETAILS 19 0318
s LAnn JJ., e ,,,eso�a. TTo BENZINGER PROPERTIES
0 'asz3E� ELK RIVER, MN
SHEET NO. 12 OF 13 SHEETS 2-24-20
S—El
6
.................... II
yM
d
.: enaos
MATCH EXISTING
BITUNINDUS SURFACING •u
Riv r
SLOPE EROSION CONTROL
BIT KETINSTALLATION
(MN—T Sees CATEGORY 3 BUW HEf)
OUTSIDE DROP MANHOLE
4004
SEDIMENT TRAP
NTs
sn�Li ca�ar mm suRalm�sacincA�naus
TYPPA- HOUSE SERVICE
4007
MAN
p12_ y uy
N(�n'�wsr[ xoaxI�
NtIfF�
PROFILE
CUL VERF FES PROFECnON
DcsoED r,Le j .w M - PRESTIGIOUS WOODLAND HILLS FIFTH ADDITION DETAILS 19 0318
s LAnnQTTO BENZINGER PROPERTIES
0 '88236� ELK RIVER, MN
SHEET NO. 13 OF 13 SHEETS 2-24-20
Wver
March 13, 2020
Jeff Benzinger
Benzinger Properties, Inc.
21301 County Road 81
Rogers, MN 55374
Dear Mr. Benzinger:
Thank you for your application of the final plat of Prestigious Woodland Hills 5th Addition. City staff has
completed their review of the project and has the following comments.
1. The sidewalk along the 195Ih Avenue cul-de-sac should be relocated to the south side of 195Ih Avenue
for the entire length within the subdivision.
2. Add a sidewalk along the north side of York Drive
3. The trail between the end of the cul-de-sac and the existing Great Northern Trail shall be constructed
with 8" of aggregate base cl. 5 and 4" of bituminous (2 lifts, non -wear and wear) and be paved to 12
feet wide with 2-foot clear zones on either side.
Please submit updated plans by March 30, 2020, for inclusion in the April 6, 2020, City Council meeting.
Sincerely,
Zack Carlton
Planning Manager
763.635.1035
13065 Orono Parkway
Elk River, MN 55330
763.635.1000
ElkRiverMN.gov
Development Agreement
Prestigious Woodland Hills Fifth Addition
Final Plat approved by the Elk River City Council
April 6, 2020
Development Agreement
April 6, 2020
Table of Contents
1.
Warranty of Developer....................................................................................................................................... 1
2.
Phased Development..........................................................................................................................................
1
3.
Right to Proceed..................................................................................................................................................
2
4.
Development Plans..............................................................................................................................................
2
5.
Improvements......................................................................................................................................................
2
6.
Additional Regulatory Approvals......................................................................................................................
3
7.
Installation of Improvements............................................................................................................................
4
8.
City Installed Improvements..............................................................................................................................
5
9.
Security for Developer's Performanc...............................................................................................................
6
10.
Responsibility for Costst.....................................................................................................................................
7
11.
General Provisions Binding Effect...................................................................................................................
8
12.
Park Dedication....................................................................................................................................................
9
13.
Development Plan...............................................................................................................................................
9
14.
Landscaping..........................................................................................................................................................9
15.
Surface and Groundwater Management...........................................................................................................
9
16.
Default.................................................................................................................................................................11
17.
Issuance of Building and Occupance Permits...............................................................................................11
18.
Model Homes.....................................................................................................................................................12
19.
Miscellaneous......................................................................................................................................................12
20. Notices.................................................................................................................................................................13
EXHIBIT A Resolution No. 20-xx
EXHIBIT B Legal Description
EXHIBIT D Cost Estimate Form
EXHIBIT E Development Plan Checklist
EXHIBIT F Purposely Left Blank
EXHIBIT G Consent of Mortgagee
EXHIBIT H Summary of Payments Due
DEVELOPMENT AGREEMENT
FOR
Prestigious Woodland Hills Fifth Addition
THIS AGREEMENT (the Agreement), made and entered into this 611, day of April, 2020, by and
between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of
Minnesota (the City), and Benzinger Properties, Inc. (the Developer).
WITNESSETH:
WHEREAS, the Developer has made application to the City for approval of a final plat of land within
the City described on Exhibit A attached hereto (the Subdivision); and
WHEREAS, the City Council adopted Resolution No. 20-xx on April 6, 2020, (attached as Exhibit A
hereto) granting final plat approval to the Subdivision, subject to several conditions, including a condition that
Developer enter into an agreement with the City governing the provision of certain utilities, services and
facilities to the Subdivision and the transfer of certain land interests and payments to the City, so as to fully
comply with the Subdivision Ordinance;
NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions
hereinafter contained, it is hereby agreed as follows:
1. Warranty of Developer. Developer hereby warrants and represents to the City, as inducement to the
City's entering into this Agreement, that Developer is owner of certain real property legally described in
EXHIBIT B attached hereto consisting of 13.15 acres of unimproved land located in the City of Elk River,
Sherburne County, Minnesota. The Developer intends to improve and develop such property for single family
residential uses, to be known as Prestigious Woodland Hills Fifth Addition (the Development). A copy of the
final plat is attached as EXHIBIT C.
2. Phased Development.
(01) Future Phases. The Developer and the City anticipate additional phases of the Development.
Future phases of the Development, including the subdivision of the oudots, shall be subject to separate
Final Plat approval by the City of Elk River. This Agreement is for this phase only. The City may
refuse to approve final plats of subsequent phases if the Developer is in default of this Agreement, or
any prior developer agreement for prior phases of the Development, and the default has not been
remedied.
(02) Preliminary Plat Status. If the Development is a phase of a multi -phased preliminary plat, the
preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not oudots, within two (2) years after preliminary plat approval. This two-year period
may be extended by the City.
(03) Park Dedication on Oudots. Park dedication requirements referred to in this Agreement are
not being imposed on outlots, if any, in the Development that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such dedication requirements will be
calculated and imposed when the oudots are final platted into lots and blocks.
(04) Changes in Official Controls. For two (2) years from the date of this Agreement, no
amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the Development unless required by state or
federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything
in this Agreement to the contrary, to the full extent permitted by state law, the City may require
compliance with any amendments to the City's Comprehensive Plan, official controls, platting or
dedication requirements enacted after the date of this Contract.
3. Right to Proceed. Within the Subdivision, the Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any
buildings until all the following conditions have been satisfied: (1) this Agreement has been fully executed by
both parties and filed with the City Clerk; (2) the necessary security has been received by the City; (3) the
necessary insurance for the Developer and its construction contractors has been received by the City; (4) the
final plat for the Subdivision has been filed with the office of the Sherburne County Recorder or Registrar of
Titles, and (5) all required permits are secured and a copy filed with the City Engineer.
4. Development Plans. The Subdivision shall be developed in accordance with the following plans (The
Plans). The Plans shall not be attached to this Agreement. With the exception of Plans A, B and E the Plans
may be prepared, subject to the City Engineer's approval, after entering into this Agreement, but before
commencement of any work in the Development. The City Engineer may approve minor amendments to
Plan B without City Council approval. If the Plans vary from the written terms of this Contract, the written
terms shall control. The Plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan & SWPPP
Plan C - Plans and Specifications for Public Improvements
Plan D - Street Lighting Plan
Plan E - Landscape Plan
Plan F — Storm water Management Plan detailing long term ownership, maintenance schedules
and procedures for all stormwater facilities as required by the City's MS4 permit
Plan G — Development and tree preservation plan required by Section 13 hereto
5. Improvements. In accordance with the application materials submitted by Developer, the preliminary
and final plats of the Subdivision, the City Council Resolution attached as Exhibit A hereto, and the applicable
standards and ordinances of the City, the following described Improvements (the Improvements) shall be
constructed and installed on the terms and conditions hereinafter contained:
2
(01) Site grading to elevations shown in the approved grading and drainage plan and construction
of retaining walls (Site Grading);
(02) Streets, as required by the City, including grading, graveling and stabilizing, constructing and
vegetating of berms, swales and boulevards, planting trees on boulevards, permanent street surfacing
with bituminous material, installing concrete curbs, gutters and driveway approaches, and installing
traffic control street signs as required the City Engineer and installing street lights as required by the
local utility (Street Improvements) ;
(03) Sidewalks, as required by the City (Sidewalk Improvements);
(04) Storm sewers, as required by the City, including all necessary pipes, manholes, catch basin,
ditches, inlets, retention areas and other appurtenances (Storm Sewer Improvements) ;
(05) Sanitary sewers and laterals, as required by the City, including all pipes, manholes, pumping
stations, building services and other appurtenances (Sanitary Sewer Improvements) ;
(06) Watermain and laterals, as required by the City and Elk River Municipal Utilities, including all
necessary pipes, hydrants, valves, building services and other appurtenances (Watermain
Improvements) ;
(07) Wetland mitigation measures as required by the U.S. Army Corps of Engineers, the
Department of Natural Resources and/or the Wetland Conservation Act (Wetland Mitigation);
(08) Landscaping, Trees and grass as required by City Ordinance and any additional landscape
Improvements required by the City (Landscape Improvements).
(09) Park and trails, as required by the City, including all park grading, removal of specified
vegetation, construction of trails, and installation of park and trail signs including Park boundary
markers (5-foot steel posts) at all lot corners that border park property or City owned oudots (Park
and Trail Improvements).
(10) Temporary and permanent erosion and sediment control measures as required by the City's
MS4 permit and the MPCA National Pollutant Discharge Elimination System construction stormwater
permit (Stormwater Management Improvements).
(11) Survey Monuments. Durable iron survey monuments shall be set, pursuant to Minnesota
Statutes, Section 505.02, Subd. 1, within one (1) year after recording of the final plat of the Subdivision.
Developer shall provide in writing notice to the City a Surveyor's certification that all monuments have
been set.
(12) Mailboxes, in a style and location approved -by the City of Elk River, shall be provided prior
to occupancy of any unit.
6. Additional Regulatory Al2-provals. All additional regulatory approvals required for construction of
the Improvements or development of the Subdivision shall be obtained before commencement of construction
on the Improvements. Additional approvals may include but are not limited to the Department of Health
permits for water system modifications; Minnesota Pollution Control Agency permits for the extension of
sanitary sewer or cluster on -site treatment systems; National Pollutant Discharge Elimination System permits
for grading; Department of Natural Resources permits for water appropriations; Army Corps of Engineers
permits for construction of sedimentation ponds; and City, County and/or State permits for access and work
within existing road rights of ways.
3
7. Installation of Improvements. The Improvements will be installed at Developer's expense by
Developer as hereinafter provided.
(01) Developer shall construct and install at Developers sole expense all Improvements necessary
to fully complete the Development, including those Improvements identified in Exhibit D, attached
hereto, except as may otherwise be set forth in this Agreement. The installation of the Improvements
shall be in accordance with all applicable City ordinances, including the City subdivision ordinance,
and shall be subject to review, approval, inspection and authorization by the City and/or its specialty
consulting staff, as provided in this agreement.
(02) Deadline for Performance by Developer. Except as otherwise provided herein, Developer
agrees to complete all Improvements and perform all other acts as are required by the Subdivision
Ordinance, other applicable ordinances and the terms and conditions of this agreement, and resolution
No. 20-xx and to do so on or before October 31, 2020, with the exception of the final wear course of
asphalt on streets. The final wear course on streets shall be installed between August 15 and
October 15 the year following the base layer of asphalt construction. The Developer may, however,
request an extension of time from the City. If an extension is granted, it shall be conditioned upon
updating the security posted by the Developer to reflect cost increases and the extended completion
date. Final wear course placement outside of this time frame must have the written approval of the
City Engineer.
(03) Approval of Contractor. The City reserves the right to approve or disapprove any contractor
selected by the Developer.
(04) Construction Plans. The construction, installation, materials and equipment shall be in
accordance with plans and specifications prepared by a licensed professional engineer and approved
by the City Engineer. Such plans and specifications shall be based upon such engineering surveys,
including soil borings and material tests, determined to be necessary by the City Engineer.
(05) Supervision and City Services. Construction and installation plans and activity shall be
reviewed by and subject to the supervision of the City. Developer will cause the contractor(s) to inform
the City's representatives of the schedule to complete the Improvements as required in the approvals.
City shall inspect all Improvements during and after construction for compliance with approved
specifications. Developer will notify the City Engineer or his designee at such times during
construction as the City Engineer requires for inspection purposes.
(A) The Developer shall instruct its engineer to provide adequate field inspection
personnel to assure an acceptable level of quality control to the extent that the Developer's
engineer will be able to certify that the construction work meets the approved City standards
as a condition of City acceptance. In addition, the City may, at the City's discretion and at the
Developer's expense, have one or more City inspectors and a soil engineer inspect the work
on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow
all instructions received from the City's inspectors. The Developer's engineer shall provide
for on -site project management. The Developer's engineer is responsible for design changes
and contract administration between the Developer and the Developer's contractor. The
Developer or its engineer shall schedule a pre -construction meeting at a mutually agreeable
time at the City with all parties concerned, including the City staff, to review the program for
the construction work.
(06) Easements. The Developer shall convey to the City, prior to the final approval of plans and
specifications and at no cost to the City, all permanent and temporary easements for the installation
and maintenance of all Improvements determined to be necessary by the City. All such easements
4
shall be in recordable form acceptable to the City and contain such terms and conditions as the City
may prescribe.
(07) Insurance. Developer shall cause each contractor engaged in the construction and installation
of any Improvement to furnish the City with evidence acceptable to the City showing insurance
coverage (including workers' compensation, liability and property damage) in such amounts as are
required for City construction contracts. Developer shall also maintain adequate liability insurance for
public use of Streets, Sidewalk and other Improvements until such time as those Improvements are
completed and accepted by City as provided herein, and shall hold the City harmless and indemnify
the City from any liability arising out of the public's use of said Improvements until such time as those
Improvements are completed and accepted by the City as provided herein.
(08) As Constructed Plans. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible
"as constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.dwg file or
a .dxf file and .pdf formats, all prepared in accordance with City standards. All constructed public
utilities shall be field surveyed after construction with all location, elevation, and data attributes
information, deliverable to the City in an approved sub -foot accurate GIS/GPS format.
(09) City Acceptance. The City shall accept, at no cost, ownership of all Improvements provided
that such Improvements have been constructed in compliance with the plans and specifications
therefore and City requirements with respect thereto as determined by the City. No improvements
will be accepted prior to all disturbed areas of the site being fully vegetated and functioning in
accordance with the approved construction and storm water management plans. Upon acceptance, all
Improvements lying within the public easements or rights of way shall become City property without
further notice or action.
(10) License. The Developer hereby grants the City, its agents, employees, officers and contractors
a license to enter the Subdivision to perform all work and inspections deemed appropriate by the City
in conjunction with the Development.
(11) Faithful Performance of Construction Contracts. Developer will fully and faithfully perform
the installation and construction of the Improvements in accordance with the approved plans and
specifications therefore and shall comply with all terms of any and all contracts entered into by the
Developer for the installation and construction of all such Improvements, at no expense to the City.
(12) Warranty. Developer hereby warranties the workmanship and materials respecting such
Improvements for a period of two (2) years following the City's final acceptance of the Improvements
and agrees to repair or replace, as directed by the City, and at Developer's sole cost and expense, any
work or materials that become defective, in the sole opinion of the City, within said two (2) year period
even though notice thereof be given by the City after said two (2) year period.
8. City Installed Improvements.
(01) The Subdivision will have no City installed Improvements.
(02) There are no assessments levied against the subdivision.
9. Fees and Security for Developer's Performance.
(01) City Administration and Construction Observation Fees. Developer shall reimburse the City
for all the City's costs and expenses incurred in the processing of the Subdivision and installation of
improvements, including review of plans and construction observation and in regard to any action or
event of default by Developer, resulting in any suit or proceeding at law or in equity to which the City
shall become a party in reference to the Developer's interest in the Development. Reimbursement
shall be due and payable to the City within thirty (30) days following the receipt of a statement
therefore. The Developer shall post a cash escrow in the amount of ten percent (10%) of the estimated
costs of the Improvements. This escrow will be drawn from as the project progresses to cover the
City's ongoing costs and expenses relating to administration and construction observation of the
Improvements. City administration will include, but is not limited to, supervision of construction
observation, consultation with Developer and its engineer on status or problems regarding the project,
coordination for final inspection and acceptance, project monitoring during the warranty period, and
processing of requests for reduction in security. Construction observation shall include full to part
time inspection of all work associated with the Improvements. Based on past experience it is estimated
that an escrow of ten percent (10%) shall be sufficient to cover the City related expenses associated
with the work. Delays, change in work scope, contractor performance, etc. can all contribute to this
amount not being sufficient. All City costs experienced in excess of the escrow are the responsibility
of the Developer. These costs will be billed directly to the Developer and become due per the terms
stated in Section 10.
(02) Security for Developers Performance.
(A) No work shall be commenced under this Agreement, and the Final Plat of the Subdivision
will not be released for recording, until the Developer has filed with the City a cash deposit or
an irrevocable and unconditional Letter of Credit acceptable to the City, in the amount of xxx
and xx/100 Dollars ($xx,xxx). Said Letter of Credit shall also provide that funds shall be paid
to the City upon written demand of the City to the extent of default herein by Developer in
the payment of any amount due or the performance of any other duty or obligation of
Developer pursuant to this Agreement, including Developer's obligations to complete
Improvements, to complete on -site Landscape Improvements, and to make payment of any
amounts due hereunder.
(B) The security provided in accordance with the above may be released quarterly, on
March 31, June 30, September 30 and December 31 of each year. The amount released each
quarter will equal the amount of work completed by the Developer during the quarter, except
that:
(i) the security will not be released to an amount less than the amount of
Developer's total indebtedness to the City pursuant to the terms of this Agreement,;
and,
(ii) the security will not be released below fifty thousand dollars ($50,000) until
all Improvements pursuant to this Agreement have been completed in full and all
other obligations of Developer under this Agreement have been fulfilled, including
Developer's obligation to install required Landscaping Improvements and to fulfill
the requirements of the Wetland Mitigation, if applicable.
(C) The Letter of Credit shall contain a provision that states that the Letter of Credit shall
be automatically renewable annually unless the issuer of the Letter of Credit first gives the City
30 days written notice by certified mail of its intent not to renew the Letter of Credit. The
letter of credit shall also contain a minimum initial period of 1 year. The Letter of Credit shall
be a guaranty to the City that the Improvements and all other requirements set forth in this
Agreement will be timely completed to the City's satisfaction. The Letter of Credit shall be
maintained continuously by the Developer, except as reductions are authorized by the City,
6
until the Improvements are completed to the City's satisfaction, including certification by the
City engineer that all items are satisfactorily completed, pursuant to this Agreement. The
Letter of Credit shall have no conditions and shall be subject to being drawn upon by the City
upon any default under this Agreement, including failure to pay contractors, subcontractors
or costs or expenses owed to the City. If at any time the City shall draw upon the Letter of
Credit, the Developer agrees that within 10 days upon being notified of such withdrawal by
the City, Developer shall either pay the deficient amount in cash to the City or have the Letter
of Credit restored to its full amount
(04) Maintenance Bond. The Developer shall post maintenance bonds in the amount of twenty-five
percent (25%) of final certified construction costs to secure the warranty in Section 7 (12) hereof. The
City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds
are furnished to the City or until the warranty period expires, whichever first occurs. The retainage
may be used to pay for warranty work, grading, erosion control, and as built survey escrow.
(05) Grading, erosion control and as -built survey escrow. The Developer shall post a cash escrow of
$1,000.00 per lot to the City to guarantee compliance with the erosion control and grading
requirements and the submittal of an as -built certificate of survey. Prior to release of this escrow, an
as -built certificate of survey for single family lots must be submitted to verify that the final as -built
grades and elevations of the specific lot and all building setbacks are consistent with the approved
Plans for the development, and any amendments thereto as approved by the City Engineer, and that
all required property monuments are in place. If the final as -built surveys are not timely completed,
the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon
satisfactory completion of the grading, erosion control and as -built survey, the escrow funds, without
interest, less any draw made by the City, shall be returned to the person who deposited the funds with
the City.
(06) Water Availability Charges. Developer shall pay Water Availability Charge in the amount of
Eleven Thousand, Four Hundred, Eight and 00/100 dollars ($11,408.00), ($368 per lot). The balance
of Water Availability Charges per unit (currently $3,396.00, but will increase per city adopted fee
schedule) shall be paid at the time of building permit.
10. Responsibility for Costs.
(01) Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the
City in conjunction with the development of the Subdivision, including but not limited to Soil and
Water Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the preparation
of this Agreement, review of construction plans and documents, the payment of fines and penalties
imposed on the city as a result of non-compliance with any permit or failure to obtain necessary
permits, and all costs and expenses incurred by the City in monitoring and inspecting development of
the Subdivision.
(02) The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat approval
of the Development. The Developer shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
(03) The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including engineering and attorneys' fees.
7
(04) The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Agreement. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots, the
entire plat, or any part of it.
(05) The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt development and construction within the Subdivision until the bills are paid in full. Bills not
paid within thirty (30) days shall accrue interest at the rate of eighteen percent (181/o) per year.
(06) In addition to the charges and special assessments referred to herein, other charges and special
assessments may be imposed such as but not limited to sewer availability charges ("SAC', Municipal
water connection charges, City sewer connection charges, and building permit fees.
11. General Provisions 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 part of the Subdivision and shall be deemed covenants running with the land.
References herein to Developer, if there be more than one, shall mean each and all of them. This Agreement
shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any
part of the Subdivision, and all recording fees, if any, shall be paid by the Developer.
(02) Severable. In the event that any portion of this Agreement shall be held invalid for any reason,
the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement.
(03) Waiver. Any waiver, whether express or implied, by any party of a breach of any provision of
this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this
Agreement.
(04) Construction Times. All construction activities shall be confined to the following hours of
operation:
Monday - Friday 6:00 AM until 9:00 PM
Saturday 8:00 AM until 5:00 PM (only with 48 hour advance notice to the City
Engineer or their representatives)
Sunday Not Allowed
This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any
deviation from the above hours is subject to approval of the City Council.
(05) Street Construction. No street construction will be allowed after October 15 or prior to
May 15 unless approved by the City Engineer.
(06) Snowplowing. Until the Improvements are accepted by the City or an agreement expressly
reached in advance, the developer is responsible for snow removal and ensuring access by Emergency
Response equipment.
(07) Mailboxes. All mailboxes be clustered, and in a style and location acceptable to the City of
Elk River.
M.
(08) History. Any item or condition found that indicates the site is likely to yield information
important to pre -history or history shall be reported to the city immediately, and the city reserves the
right in such event, to stop work immediately until the subdivision is appropriately investigated and
developer is authorized to recommence work.
(09) Covenants. Developer shall prepare and file restrictive covenants in a form acceptable to the
City Attorney. Restrictive covenants shall, at minimum, be recorded on the Wetland and the Wetland
Mitigation areas.
12. Park Dedication. Park dedication requirements have been satisfied by the dedication of land for park
purposes, identified as outlot C of the Final Plat for Prestigious Woodland Hills Third Addition, approved
March 16, 2015.
13. Development Plan. A development plan "Development Plan" shall be submitted by Developer
and approved by the City Engineer or his designee prior to issuance of any building permit within the
Subdivision. The Development Plan will identify, for each lot in the Subdivision those items noted on the
checklist attached as Exhibit E to this Agreement. Approval of the Development Plan may be contingent upon
soil borings verifying elevations and compaction tests for proposed house pads.
14. Landscaping. Developer agrees to install one over story tree in the boulevard of each Lot, and require
one additional over story tree in the front yard of each Lot. For Lots not sold by April 31, 2021, Developer
agrees to install one tree in the front yard of all unsold lots. All required trees shall be 2 inches in caliper.
(01) All residential landscaping requirements shall be completed prior to occupancy of the dwelling
unit, or by June 1 following occupancy if occupancy occurs October 15 through May 31.
(02) In the event the landscaping, including trees and establishment of turf, is not complete at the
time of Certificate of Occupancy, the City may issue a certificate of occupancy and require the
provision of a cash deposit from the builder of the lot to guarantee the successful completion of the
landscaping improvement. The cash deposit shall be no less than $1,000.00. The City, its employees,
agents or contractors shall have the right to go upon the property to complete the landscaping without
permission of the owner of the property or lot, and shall not be liable for trespass. The City may also
require a deposit as part of the building permit fee to secure compliance with the landscaping
requirements.
15. Surface and Groundwater Management.
(01) Dewa�terin. Due to the variable nature of groundwater levels and stormwater flows, it will be
the Developer's and the Developer's contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
(02) Wetlands. If the Developer proposes the filling of wetlands in connection with development
of the Subdivision, final plat approval is contingent upon, and the final plat shall not be recorded until,
receipt of necessary permits from appropriate regulatory agencies to fill wetlands as proposed by the
Developer and approval by the Technical Evaluation Panel of the proposed mitigation plan for
wetlands filling. If these permits are denied, or approval of the wetland permit and mitigation plan is
subject to conditions which significantly impact the Subdivision, the final plat for the Subdivision shall
be resubmitted to the City Council for consideration of changes required for the wetland approvals.
The City shall receive a copy of the monitoring report annually for three years.
(03) Erosion Control. Prior to initiating any work on the site, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City or other regulating
authority. The City may impose additional erosion control requirements if they are deemed necessary
to protect the downstream waters of the state. All areas disturbed by the grading operations shall be
stabilized per the MPCA NPDES Stormwater Permit for Construction Activity and the City MS4
permit. Seed shall be in accordance with the City's current seeding specification which will include
temporary erosion control measures to provide ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and watered as necessary for seed retention and growth. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the MPCA NPDES Stormwater Permit for Construction Activity, the City MS4 permit, with the
erosion control plan and schedule, or supplementary instructions received from the City or other
regulating authority, the City may take such action as it deems appropriate to control erosion. The City
will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do
so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does
not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may
draw down the letter of credit to pay any costs. No development, utility or street construction will be
allowed and no building permits will be issued unless the plat is in full compliance with the approved
erosion control plan.
(04) Grading. The Subdivision shall be graded in accordance with the approved grading
development and erosion control plan, Plan B. The plan shall conform to City specifications. Within
thirty (30) days after completion of the grading and before the City approves individual building
permits (except up to three model home permits on lots acceptable to the Building Official per section
18), the Developer shall provide the City with an "as constructed" grading plan certified by a registered
land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been
constructed on public easements or land owned by the City. The "as constructed" plan shall include
field verified elevations of the following: (a) cross sections of storm water treatment/infiltration
basins; (b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations
and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and (c) lot corner
elevations and house pads, and all other items listed in the City Code. The City will withhold issuance
of building permits until the approved certified grading plan is on file with the City and all erosion
control measures, including full vegetation of entire site, are in place as determined by the City
Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been
monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation
and testing report, including referenced development phases and lot descriptions, shall be submitted
to the Building Official for review prior to the issuance of building permits.
(05) Clean Qp. The Developer shall clean dirt and debris from all streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to
any construction in the plat, the Developer shall identify in writing a responsible party and schedule
for erosion control, street cleaning, and street sweeping.
(06) National Pollutant Discharge Elimination System Requirements. Prior to the commencement
of any work, the Developer shall provide a signed Storm Water Pollution Prevention Plan for City
review and approval to control erosion from the site. Because the site is over one (1) acre, the
Developer shall also apply for and obtain an NPDES permit from the Minnesota Pollution Control
Agency.
(07) Municipal Separate Storm Sewer System Requirements. All stormwater management activities
shall comply with the City MS4 permit.
10
16. Default.
(01) Remedies. In the event of default by the Developer as to any of the work to be performed by
it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse
the City for any expense incurred by the City, provided the Developer, except in an emergency as
determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours
in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to
seek a Court order for permission to enter the land. When the City does any such work, the City may,
in addition to its other remedies, assess the cost in whole or in part.
(02) Acceleration on Default. In the event Developer, or its heirs, successors or assigns, violates
any of the covenants and agreements herein contained, or fails to pay any amount due to the city, the
City, at its option, in addition to its other rights and remedies, by written notice of default given to the
Developer, may declare all amounts to be paid by the Developer pursuant to this Agreement,, due and
payable in full, with interest, immediately, or on such date as the City shall specify in its notice of default
to Developer. If Developer fails to make payment in the amount and at the time specified in the City's
notice of default to Developer, City may, at its option, draw on the security provided by Developer
pursuant to Section 8 of this Agreement and/or commence legal action against Developer to collect
the entire amount owed by Developer, including reasonable attorneys' fees. Developer shall be
personally liable for such amounts due and, if more than one, such liability shall be joint and several.
17. Issuance of Building and Occupancy Permits.
(01) Building Permits. The City will not issue any building permit (a permit issued for construction
of a structure to be sold and occupied by a new owner) for any lot or parcel in the Subdivision until all
small and large utilities are installed, streets are paved with the first lift of pavement and vegetation is
full established. City will not issue a certificate of occupancy (said certificate will allow the structure to
be transferred to a new owner for the purpose of permanent occupancy) for any building constructed
on any lot or parcel in the Subdivision until all Improvements (except final lift of paving) are completed,
approved by the City Engineer and accepted by the City. Temporary certificates of occupancy may be
issued for sites with model permits; however, such certificates will not allow the structure to be
transferred to a new owner for the purpose of occupancy.
(02) Notice to Homebuyers. If the Developer fails to comply with any of provisions of this
Agreement, the City may refuse to issue a building permit or certificate of occupancy for any lot or
parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel within the
Subdivision of the existence of this contract and the obligations and restrictions created herein prior
to the completion of the sale. Further, Developer agrees to save and hold City harmless from any and
all claims or actions arising from the right to withhold the issuance of such permits and certificates and
from other provisions hereof.
18. Model Homes.
(01) The City may issue building permits for the construction of up to three model homes on lots
approved by the Building Official prior to completion of the public and private infrastructure, provided
that access to the site for emergency vehicles is maintained at all times. City will not issue a certificate
of occupancy (said certificate will allow the structure to be transferred to a new owner for the purpose
of permanent occupancy) for any building constructed on any lot or parcel in the Subdivision until all
Improvements (except final lift of paving) are completed, approved by the City Engineer and accepted
by the City. Temporary certificates of occupancy may be issued for sites; however, such certificates
will not allow the structure to be transferred to a new owner for the purpose of occupancy.
11
19. Miscellaneous.
(01) Filing of Final Plat and Developer Agreement. Before construction commences on the
Improvements, the Final Plat of the Subdivision and this Developer Agreement must be filed and
recorded and all necessary easements shall have been conveyed to the City, unless the City authorizes
in writing the commencement of limited construction activities.
(02) Incorporation by Reference. The exhibits to this Agreement shall be and hereby are made a
part of this Agreement by reference as fully as if set forth herein in full.
(03) No Replacement. This Agreement is in addition to and is not in replacement of the terms and
conditions of the Petition for Public Improvements and Waiver of Right to Public Hearing and Right
to Object relating to the Subdivision executed by Developer.
(04) Regulatory Compliance. The Developer represents to the City that the Subdivision complies
with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that
the plat does not comply, the City may, at its option, refuse to allow construction or development work
in the Subdivision until the Developer does comply. Upon the City's demand, the Developer shall
cease work until there is compliance.
(05) Third Parties. Third parties shall have no recourse against the City under this Agreement.
(06) Breach. Breach of the terms of this Agreement by the Developer shall be grounds for denial
of building permits, including lots sold to third parties.
(07) Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining
portion of this Agreement.
(08) Damage to Improvements. If building permits are issued prior to the acceptance of
Improvements, the Developer assumes all liability and costs resulting in delays in completion of public
Improvements and damage to Improvements caused by the City, Developer, its contractors,
subcontractors, material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is issued
on either a temporary or permanent basis until the streets needed for access have been paved with a
bituminous surface, the utilities are completed, and the vegetation is established and accepted by the
City Engineer.
(09) Amendments. The action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed
by the parties and approved by written resolution of the City Council. The City's failure to promptly
take legal action to enforce this Agreement shall not be a waiver or release.
(10) Binding Contract. This Agreement shall run with the land and may be recorded against the
title to the property. The Developer covenants with the City, its successors and assigns, that the
Developer is well seized in fee title of the property being final platted and/or has obtained consents to
this Agreement, in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
12
(11) Insurance. The Developer and contractor shall acquire 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 their subcontractors or by one directly or indirectly
employed by any of them. The insurance must be maintained until six (6) months after the City has
accepted the Improvements. Limits for bodily injury and death shall be not less than $500,000 for one
person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000
for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be
named as an additional insured on the policy on a primary and noncontributory basis, and the
Developer and contractor shall file with the City a certificate evidencing coverage prior to the City
signing the plat. The certificate shall provide that the City must be given ten (10) days advance written
notice of the cancellation of the insurance.
(12) No Waiver. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available
to City, at law or in equity, or under any other agreement, and each and every right, power and remedy
herein set forth or otherwise so existing may be exercised from time to time as often and in such order
as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy.
(13) Assignment. The Developer may not assign this Agreement without the written permission
of the City Council. The Developer's obligation hereunder shall continue in full force and effect even
if the Developer sells one or more lots, the entire plat, or any part of it.
20. Notices. All notices and demands specified herein shall be deemed appropriately and timely given
when delivered personally or deposited in the United States mail to the addresses hereinafter set forth by
certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by
written notice given as above:
If to the City at: City of Elk River
Attn: City Administrator
13065 Orono Parkway
Elk River, Minnesota 55330
If to the Developer at: Benzinger Properties, Inc.
Attn: Jeff Benzinger, CEO
20401 County Road 81
Rogers, MN 55374
13
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed
on this day and year first above written.
CITY OF ELK RIVER
By:
John J. Dietz
Its: Mayor
By:
Tina Allard
Its: Clerk
DEVELOPER:
By:
Its: CEO
14
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
This instrument was acknowledged before me this day of , by
John J. Dietz and Tina Allard, the Mayor and City Clerk, respectively, for the City of Elk River, Minnesota.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF )
This instrument was acknowledged before me this day of
This instrument was drafted by:
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Notary Public
by
15
EXHIBIT A
Resolution No. 20-xx
A-1
EXHIBIT B
Legal Description
Oudot A, PRESTIGIOUS WOODLAND HILLS FOURTH ADDITION, according to the
recorded plat thereof, Sherburne County, Minnesota.
EXHIBIT C
Final Plat
C-1
EXHIBIT D
Cost Estimate Form
D-1
EXHIBIT E
Development Plan Checklist
Development Plan Requirements
1. Lot and block numbers
2. Street Names
3. Storm sewer alignment with top and invert elevations. Also Flared ends with invert elevations
4. Centerline Street elevations at 100 foot stations with high and low points
5. Centerline street percent grades
6. Cul-de-sac percent grade along curb
7. Building setback lines
8. Final Contours
9. All proposed driveway slopes
10. House pads with house style and elevations
11. Front and rear lot corner elevations
12. Spot elevations at the rear of the house pads if the drainage is to be directed around the house
pad to the front
13. Typical lot detail indicating where lot and house elevations are shown to.
14. Legend with type of house styles and grade difference for garage floor to walkouts or lookouts.
15. Lot dimensions to the nearest foot
16. Typical street section
17. Drainage arrows at high points and major grade changes
18. Existing and proposed easements
19. Emergency overflows should be labeled and shown with spot elevations and drainage arrows.
Emergency overflows must be established for catch basins in the street and in rear yards. Areas
along rear lot lines which are below emergency overflows elevations shall be designated as
drainage easement on the final plat.
20. Wetland boundaries must be accurately shown
21. Development plan must be signed by a registered Land Surveyor or Engineer.
22. All trees within the subdivision that are to be preserved shall be fenced with a snow fence at
the drip line to prevent grading, compaction, or storage of equipment, debris or materials.
Staff shall inspect the fencing prior to grading. Cutting of trees between April 15 and July 15
shall not be permitted. The Operator shall take other measures deemed appropriate by the
Sherburne County Forester to control oakwilt, such as, but not limited to: debarking or
destroying fallen diseased trees prior to April 15, not leaving roots exposed and avoiding
mechanical damage on remaining trees.
E-1
EXHIBIT F
Purposely left blank
H-1
EXHIBIT G
Consent of Mortgagee
I-1
EXHIBIT H
Summary of Payments Due
f$xx,xxx.xx City Fees escrow deposit Section 9 (01)
$11,408 00 ater Availability Charge Section 9 (06)
L$xx,xxx.00 Total
----------------------
J-1