HomeMy WebLinkAbout6.j. Final Plat and Minor Planned Unit Development Amendment for Greystone 2nd Addition (Ryland Homes), Case 13-11-FP & 13-12-AMDROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting Date: March 19, 2013
AGENDA ITEM: Case 13 -11 -FP & 13- 12 -AMD
Final Plat and Minor Planned Unit
AGENDA SECTION:
Development Amendment for Greystone 2nd
Addition (Ryland Homes
PREPARED BY: Jason Lindahl, A.I.C.P.
AGENDA NO.
Planner
ATTACHMENTS: Excerpt PC Minutes from 2- 27 -13,
Resolution Approving the Final Plat,
APPROVED BY:
Resolution Approving the Minor PUD
Amendment, Minor PUD Amendment, Park
Dedication Declaration, Site Location Map,
Greystone 2nd Addition Final Plat, Final
Grading Plan, Erosion Control Plan, Lighting
Plan, Landscape Plan, Greystone
Preliminary Plat & Resolution, Greystone 1St
Addition Final Plat, Engineer's Memo dated
P p J
February 15, 2013
RECOMMENDED ACTION:
1. Motion to adopt a resolution approving the Final Plat for Greystone 2nd Addition.
2. Motion to adopt a resolution approving a Minor Amendment to the Greystone 1St
Addition Planned Unit Development Agreement adding the lots for Greystone 2nd
Addition and a fourth architectural option that front elevations contain no more than
70% lap siding, excluding doors and windows.
3. Motion to approve the amended Greystone 1St Planned Unit Development
Agreement, the Subdivision Development Agreement for Greystone 2nd Addition and
the Revised Park Dedication Declaration as well as authorizing the Mayor and City
Clerk to enter into these agreements.
IJ,IJ F-11 X4
Applicant: The Ryland Group, Inc.
Location: East of Akron Avenue between County Road 42 and Bonaire Path
Area in Acres: 12.65 Acres
Comp. Guide Plan Desig: LDR — Low Density Residential
Current Zoning: R -1, Low Density Residential with the Greystone Planned Unit
Development (PUD)
The applicant, Ryland Group, Inc (Ryland Homes), requests approval of a Minor Amendment to the
Gresystone 15` Addition Planned Unit Development Agreement and Final Plat for Greystone 2nd Addition to
allow development of 31 single family lots. The minor PUD amendment is necessary to establish zoning
standards and overall development design while the final plat is necessary to facilitate subdivision of the
subject property into individual residential lots, oudots and public streets. Staff recommends approval of
this application subject to the conditions detailed in the attached resolutions.
PLANNING COMMISSION ACTION
The Planning Commission reviewed this item on February 26, 2013. An excerpt of the draft minutes from
that meeting is attached for your reference. No public hearing is required as part of this review. The
Commission asked for clarification about the park dedication associated with the project. It was explained
that there is a park dedication declaration drafted by the City Attorney that allows for future dedication of
acceptable lands to the City upon final platting in the future. A condition of approval was also clarified to
change the date of the Engineering memo. The Commission recommended the City Council approve the
final plat. The approval would also support the modifications to the PUD Agreement.
BACKGROUND
In March of 2012, the City approved a Comprehensive Plan Amendment, Preliminary Plat and Planned Unit
Development (PUD) for the 54 single family lots Greystone development. In May of that year, the City
approved a Final Plat and PUD Final Site and Building Plan for Greystone 1" Addition which included 23
single family lots. The applicant now proposes to plat the remaining 31 single family lots into the second
phase of this development to be known as Greystone 2 Addition.
ISSUE ANALYSIS
Land Use and Zoning. The proposed 31 lot single family development is consistent with the current land
use and zoning classifications. The subject property is guided LDR — Low Density Residential and zoned R-
1, Low Density Residential with the Greystone Unit Development (PUD). As a result, the property is
subject to all the standards of the R -1, Low Density Residential zoning districts as well as the standards for
detached single family units contained in the original PUD. While this development is subject to all of the
conditions and development standards contained in the PUD, the most notable are provided below.
1. Section 11 -2 -15 F. Single Family Detached Dwelling Garage Requirements: The home designs
do not need to include an option for a three garage stall.
2. Section 11 -4 -5 F. 1. R -1 Minimum Lot Area: Reduce the interior lot minimum area from 10,000 to
8,600 square feet and corner lot minimum area from 12, 000 to 11,000 square feet.
3. Section 11 -4 -5 F. 2. R -1 Minimum Lot Width: Reduce the minimum lot width from eighty (80)
feet to sixty (60) feet for interior and from ninety five (95) to seventy five (75) feet for corner lots.
4. Section 11 -4 -5 F. 4. R -1 Minimum Front Yard Setback: Reduce the front yard setback from thirty
(30) feet to twenty five (25) feet.
5. Section 11 -4 -5 F. 5. R -1 Minimum Side Yard Setback: Reduce the side yard setback from ten (10)
feet to seven and one half (7.5) feet.
6. Section 11 -4 -5 F. 9. R -1 Maximum Lot Coverage: Increase the maximum lot coverage to forty
percent (40 %) for lots less than 9,750 square feet in size and thirty five percent (35 9/6) for lots
between 9,750 square feet and 11,250 square feet.
7. Section 11 -5 -2 C. 6. D. (1) Single - family Detached Residential Driveway Maximum Width:
No driveway width shall exceed fifty percent (50 9/6) of the front property line nor fifty percent (50 %)
of the curb line in front of the property.
2
Minor Planned Unit Development Amendment Standards for amending a planned unit development
are detailed in Section 11- 10 -6.E. Under this section, amendments are classified as either major or minor
base on certain criteria. In this case, staff finds the proposed amendment to be minor based on the finding
that it does not:
1. Substantially alter the location of buildings, parking areas or roads.
2. Increase or decrease the number of residential dwelling units by more than five percent (5 0/6).
3. Increase the gross floor area of nonresidential buildings by more than five percent (5 %) or increases
the gross floor area of any individual building by more than ten percent (10 %).
4. Increase the number of stories of any building.
5. Decrease the amount of open space by more than five percent (5 %o) or alters it in such a way as to
change its original design or intended use.
6. Create noncompliance with any special condition attached to the approval of the master
development plan.
By ordinance, minor amendments may be administratively approved by staff without review or a public
hearing by the Planning Commission. However, City Council action is required on all PUD amendments as
these agreements represent a contract between the property owner and the City. The current minor
amendment establishes the lot configuration shown on the Greystone 2nd Addition final plat (attached), the
standards from the original PUD noted above and the architectural standards detailed below.
• Front Elevations: The front elevation design shall include one of the following elements:
• Three and a half (3.5) feet of brick or stone wainscoting, excluding doors, windows or the wall
behind the front porch;
• A front porch with railing that extends at least 30% of the width of the front elevation, including
the garage; or
• A side entry garage.
In addition to these architectural standards, staff recommends the minor PUD amendment include a fourth
option that front elevations contain no more than 70% lap siding, excluding doors and windows. With the
exception of the standards in the PUD, all the standards in the R -1, Low Density Residential zoning district
shall apply.
Final Plat. Standards for reviewing subdivision requests are detailed in Title 12 of the Rosemount City
Code. This section of the Code outlines the two -step Preliminary and Final Plat process for land
subdivision. In this case, the preliminary plat was approved in March 2012 consisting of 54 single family
lots. The first phase of this development included 23 single family lots while the current application
proposes to plat the remaining 31 lots.
Streets & Access. Initial access to this development is provided through 14150 Street East and Addison
Avenue (via Akron Avenue) which were constructed as part of Greystone 1" Addition. Street construction
in the 2nd Addition will include the extension of 140'' Street East from Addison Avenue to Adrian Avenue.
Adrian Avenue will terminate in the Adrian Court cul -de -sac to the south and a temporary cul -de -sac to
the north. Subsequent development of the property to the north would connect the temporary cul -de -sac
at the north end of Adrian Avenue with the future 139`h Street East. The Engineering memo includes a
condition of approval requiring the applicant provide a roadway easement for the temporary cul -de -sac
(see attached).
3
Landscape and Berming. The landscape plan appears consistent with the minimum number of
plantings required by the City Code (one per interior lot or two per corner lot). Overall, the plan includes
112 trees and 180 shrubs. This includes a mixture of Hackberry, Honeylocust, Oak, and Sugar Maple
boulevard trees along with an assortment of grasses, trees and shrubs in and around the storm water
infiltration basins. As a result, the Subdivision Development Agreement includes a condition that the
applicant provide a landscape security equal to $32,120 (110% of the value of all plantings). The
Engineering memo includes a condition of approval stating that trees shall not be planted within the
drainage way, over the proposed storm sewer or within the pond access location. The plantings should be
placed a minimum of 15 feet from the storm sewer (see attached).
Parks and Open Space. The Parks and Recreation department conducted a park dedication analysis
during the Greystone 1st Addition review. That analysis examined the overall Greystone development
including the ghost plat of Outlot A. Because topographic conditions in Greystone 1" Addition did not
offer an acceptable piece of land for a park, the City agreed to defer park dedication until future
subdivision. As a result, final plat approval of Greystone 151 Addition included a condition requiring the
applicant to record a park dedication declaration identifying the terms and conditions for future park
dedication. This declaration states that if all or any part of Oudot A, B or C Greystone 15C Addition
receives final plat approval prior to March 20, 2022, the subdivision shall include transfer of fee title to
Outlot D for park purposes to satisfy the park dedication requirements for Greystone 1" Addition along
with whatever park dedication is required for the associated new development.
The subdivision of Oudot B, Greystone 15t Addition into Greystone 2 "d Addition necessitates revision of
the park dedication declaration (see attached). The City Attorney revised this document to reflect
development of Oudot B and designates Outlot C, Greystone 1" Addition as the parkland dedication for
the 31 lots in Greystone 2nd Addition.
Sidewalks, Trails and Pathway. The applicant's plans demonstrate sidewalks and trails will be placed
consistent with the requirements of the preliminary plat. This includes sidewalks along the south side of
140"' Street East and the west side of Adrian Avenue. The sidewalks in Greystone 2nd Addition will then
connect to the City's overall pedestrian and bicycle network through the sidewalks and trails in Greystone
1" Addition and Akron Avenue.
Engineering Comments. The Engineering Department has reviewed the proposed Greystone 2 "d
Addition final plat. Comments regarding this application are detailed in the attached memo dated
February 15, 2013 (see attached).
CONCLUSION & RECOMMENDATION
Both the Planning Commission and staff recommend approval of the final plat, minor PUD amendment,
and Park Dedication Declaration for Greystone 2 "d Addition creating 31 single family lots. This
recommendation is based on the information submitted by the applicant, findings made in this report and
the conditions detailed in the attached resolutions.
4
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
FEBRUARY 26, 2013
7.a. Request for Final Plat and Minor Planned Unit Development Amendment for Greystone 2 "d
Addition (13- 11 -FP, 13- 12 -AMD). Planner Lindahl stated that the applicant, Ryland Group, Inc (Ryland
Homes), requests approval of a minor PUD amendment and final plat for Greystone 2nd Addition to
allow development of 31 single family lots. The minor PUD amendment is necessary to establish
zoning standards and overall development design while the final plat is necessary to facilitate
subdivision of the subject property into individual residential lots, outlots and public streets. Mr.
Lindahl further explained the recommendation and conditions.
Commissioner Miller asked whether or not Outlots C & D would be dedicated to the City for park
dedication. Mr. Lindahl stated because topographic conditions in Greystone 1" Addition did not
offer an acceptable piece of land for a park, the City agreed to defer park dedication until future
subdivision. As a result, final plat approval of Greystone 1s` Addition included a condition requiring
the applicant to record a park dedication declaration identifying the terms and conditions for future
park dedication. This declaration states that if all or any part of Oudots A, B or C Greystone 1"
Addition receives final plat approval prior to March 20, 2022, the subdivision shall include transfer
of fee title to Oudot D for park purposes to satisfy the park dedication requirements for Greystone
1S` Addition along with whatever park dedication is required for the associated new development.
As a result, staff recommends a condition of approval require the applicant to update the park
dedication declaration to reflect development of Outlot B and the designation of Outlot C as the
parkland dedication for the 31 lots in Greystone 2nd Addition.
Mr. Zweber added that the City does not want ownership right away to avoid interference with the
current farming operations and will recommend to the City Council modify the original declaration
designating Oudot D as the park dedication for Greystone 1S` and Oudot C as the park dedication for
Oudot C.
Chairperson Powell stated the cul -de -sac far exceeds the standard length. Mr. Zweber stated that staff
is confident the cul -de -sacs will be connected with future development to the north.
Chairperson Powell asked if the date of the engineering memo referenced in Condition C of the
recommended action should be February 15d' and non 22nd, and staff confirmed that was correct.
MOTION by Powell to recommend the City Council approve the Final Plat for Greystone
2nd Addition, subject to the following conditions:
1. Conformance with all requirements of Resolution 2012 -16 approving the Preliminary
Plat for Greystone.
2. City Council Approval of a Minor PUD Amendment establishing the lot configuration
shown on the Greystone 2nd Addition final plat and a fourth architectural option that front
elevations contain no more than 70% lap siding, excluding doors and windows.
3. Conformance with all requirements of the City Engineer detailed in the attached
memorandum dated February 20 15, 2013.
4. Revision of the Park Dedication Declaration to reflect development of Oudot B and the
designation of Outlot C as the parkland dedication for the 31 lots in Greysfone 2nd
Addition.
Second by Weber.
Ayes: 4. Nays: None. Motion approved.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2013 -
A RESOLUTION APPROVING THE FINAL PLAT
FOR GREYSTONE 2nd ADDITION
WHEREAS, the City of Rosemount received a request for Final Plat approval from The Ryland
Group, Inc. concerning property legally described as:
Oudot B, Greystone 1" Addition, Dakota County, Minnesota
WHEREAS, on February 26, 2013, the Planning Commission reviewed and recommended
approval of the Final Plat for Greystone 2nd Addition; and
WHEREAS, on March 19, 2013, the City Council of the City of Rosemount reviewed the Planning
Commission's recommendations.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Final Plat for Greystone 2nd Addition, subject to the following conditions:
1. Conformance with all requirements of the Greystone Preliminary Plat.
2. Recording a Park Dedication Declaration upon Outlot C of Greystone 1s` Addition as the
park dedication requirement for the 31 lots in Greystone 2nd Addition.
3. Execution of a subdivision development agreement for Greystone 2 "d Addition.
4. Provision of a landscape security equal to $32,120.
5. Conformance with the requirements within the City Engineer's Memorandum dated
March 15, 2013
ADOPTED this 19' day of March, 2013, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Jeffrey May, Deputy City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2013 -
A RESOLUTION APPROVING A MINOR AMENDMENT TO THE GREYSTONE 1sT
ADDITION PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT ADDING THE
LOTS FOR GREYSTONE 2ND ADDITION AND A FOURTH ARCHITECTURAL
OPTION
WHEREAS, the Community Development Department of the City of Rosemount received a
request from Ryland Group, Inc., to amend the Greystone 1" Addition Final Site and Building Plan
Planned Unit Development Agreement to add the lots for Greystone 2nd Addition and a fourth
architectural option; and
WHEREAS, the Greystone 2nd Addition Final Plat includes 31 single family lots consistent with the
Greystone Preliminary Plat; and
WHEREAS, the list of front elevation design options in the Planned Unit Development Agreement
shall include the additional option that Front elevations contain no more than 70% lap siding,
excluding doors and windows; and
WHEREAS, staff has reviewed the proposed amendment and found it acceptable under the terms
and conditions of the original Planned Unit Development Agreement and recommends approval of
this minor amendment to this PUD; and
WHEREAS, Minor Amendments to a Planned Unit Development Agreement may be reviewed
and approved by the City Council without a public hearing before the Planning Commission; and
WHEREAS, on March 19, 2013, the City Council of the City of Rosemount reviewed the
application and staff's recommendation.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Minor Amendment to the Greystone 15` Addition Final Site and Building Plan Planned
Unit Development Agreement to add the lots for Greystone 2nd Addition and a fourth architectural
option, subject to:
1. Execution of the Minor Amendment to the Greystone 15` Addition Final Site and Building
Plan Planned Unit Development Agreement to add the lots for Greystone 2nd Addition and a
fourth architectural option.
ADOPTED this 19`h day of March, 2013, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Jeffrey May, Deputy City Clerk
A MINOR AMENDMENT TO THE GREYSTONE 1ST ADDITION PLANNED UNIT
DEVELOPMENT (PUD) AGREEMENT ADDING THE LOTS FOR GREYSTONE 2ND
ADDITION AND A FOURTH ARCHITECTURAL OPTION
THIS DECLARATION made this 19th day of February, 2013, by and between The
Ryland Group, Inc., a Maryland corporation, (hereinafter referred to as the "Declarant "), and the
CITY OF ROSEMOUNT, a Minnesota municipal corporation (hereinafter referred to as the
"City ");
WHEREAS, Declarant is the owner of the real property described as Oudot B, Greystone
1st ADDITION, DAKOTA COUNTY, MINNESOTA (hereinafter referred to as the "Subject
Property "); and
WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement,
"Greystone 1St Addition Final Site and Building Plan Planned Unit Development Agreement ",
dated May 15, 2012 and recorded with the Dakota County Recorder as document number
2888242 on August 20, 2012, (hereinafter referred to as the "Planned Unit Development
Agreement "); and
WHEREAS, Declarant wishes to amend the Planned Unit Development Agreement as
hereinafter provided, which amendment has been approved and consented to by the City of
Rosemount, acting through its City Council, as evidenced by the duly authorized signatures of its
officers affixed hereto.
NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be,
held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and
restrictions, hereinafter set forth.
1. The use and development of the Subject Property shall conform to the following
documents, plan and drawings:
a. City Resolution No. 2013 -_, Attachment One
b. Greystone 2nd Addition Final Plat, Attachments Two, Three and Four
c. Cover Sheet, Attachment Five
d. Final Grading Plan, Attachment Six and Seven
1
e. Erosion Control Plan, Attachment Eight and Nine
f. Grading and Erosion Control Details, Attachment Ten
g. Lighting Plan, Attachment Eleven
h. Landscaping Plan, Attachment Twelve and Thirteen
All of which attachments are copies of original documents on file with the City and are made
part hereof.
2. The use and development of the Subject Property shall conform to the Planned Unit
Development Agreement except as modified herein.
a. Front Elevations: The list of front elevation design options in the Planned Unit
Development Agreement shall include the additional option listed below:
1. Front elevations contain no more than 70% lap siding, excluding doors and
windows.
3. Except as modified by paragraphs 1 and 2 of this Amendment, the Planned Unit
Development Agreement shall remain in full force and effect.
4. The obligations and restrictions of this Amendment run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, by the
City of Rosemount acting through its City Council. This Amendment may be amended
from time to time by a written amendment executed by the City and the owner or owners
of the lot or lots to be affected by said amendment.
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or
representatives of Declarant have hereunto set their hands and seals as of the day and year first
above written.
DECLARANT
Its
By
Its
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of ,
2013, by and , the and
2
, for and on behalf of a by
and on behalf of said
Notary Public
This Amendment is approved and consented to by the City Council of the City of Rosemount.
CITY OF ROSEMOUNT
LN
William H. Droste, Mayor
And by:
Amy Domeier, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of , 2013,
by William H. Droste and Amy Domeier, the Mayor and City Clerk, respectively, for and on behalf
of the City of Rosemount, a Minnesota corporation, by and on behalf of said corporation.
THIS INSTRUMENT WAS DRAFTED BY:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
651- 423 -4411
3
Notary Public
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2013 -
A RESOLUTION APPROVING THE FINAL PLAT
FOR GREYSTONE 2nd ADDITION
WHEREAS, the City of Rosemount received a request for Final Plat approval from The Ryland
Group, Inc. concerning property legally described as:
Outlot B, Greystone 1't Addition, Dakota County, Minnesota
WHEREAS, on February 26, 2013, the Planning Commission reviewed and recommended
approval of the Final Plat for Greystone 2nd Addition; and
WHEREAS, on March 19, 2013, the City Council of the City of Rosemount reviewed the Planning
Commission's recommendations.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Final Plat for Greystone 2nd Addition, subject to the following conditions:
1. Conformance with all requirements of the Greystone Preliminary Plat.
2. Recording a Park Dedication Declaration upon Outlot C of Greystone 1" Addition as the
park dedication requirement for the 31 lots in Greystone 2nd Addition.
3. Execution of a subdivision development agreement for Greystone 2nd Addition.
4. Provision of a landscape security equal to $32,120.
5. Conformance with the requirements within the City Engineer's Memorandum dated
March 15, 2013
ADOPTED this 19d' day of March, 2013, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
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DECLARATION OF COVENANTS
AND RESTRICTIONS
GREYSTONE DEVELOPMENT
THIS DECLARATION made this day of , 2013, by the Minova Land,
LLC, a Minnesota limited liability company ( "Minnova "), and Wayne Groth and Sheila M.
Groth, husband and wife (collectively referred to as "Groths "), ( Minnova and Groths are
sometimes hereinafter referred to as the "Declarants ");
WHEREAS, Minnova is the owner of Outlot B, Greystone 1St Addition, Dakota County,
Minnesota ( "Outlot B ") which is being replatted as Greystone 2nd Addition, Dakota County,
Minnesota; and
WHEREAS, Groths are the fee owners and contract for deed vendors, and Minnova is the
contract for deed vendee, under Contract for Deed recorded with the Dakota County Recorder on
February 5, 2003 as document number 1995549 as amended by Amendment to Contract for
Deed dated as of March 3, 2006, and recorded with the Dakota County Recorder on March 20,
2006, as document number 2413680, and as further amended by Second Amendment to Contract
for Deed dated May 4, 2009 and recorded with the Dakota County Recorder on May 13, 2009 as
document number 2656601, and as further amended by that certain Third Amendment to
Contract for Deed dated May 24, 2012, and recorded in the Dakota County Recorder on
4205050 CLL RS220 -345 1
as document number , of Outlots A, C and D, Greystone
1St Addition, Dakota County, Minnesota ( "Outlots A, C and D" respectively)(collectively, the
"Subject Property "); and
WHEREAS, Declarants or their authorized representatives applied to the City of
Rosemount, Minnesota (the "City ") for approval of the subdivision and platting of Greystone 1st
Addition, Dakota County, Minnesota, and approval of a planned unit development ( "PUD ") for
development of Greystone 1 st Addition; and
WHEREAS, the plat of Greystone 1St Addition includes 23 residential units platted as
Lots 1 through 14, Block 1, Lots 1 through 4, Block 2 and Lots 1 through 5, Block 3, Greystone
1 st Addition; and
WHEREAS, the park dedication ordinance of the City required the dedication of .92
acres of land for park for said 23 lots, or payment of cash in lieu of such dedication; and
WHEREAS, Declarants requested, and the City agreed, that the land dedication for park
purposes for said 23 lots be deferred; and
WHEREAS, as a condition of approval of the planned unit development subdivision and
plat of Greystone 1St Addition, the City required the execution and filing of a Declaration of
Covenants and Restrictions, which Declaration was recorded on August 8, 2012 with the Dakota
County Recorder as Document No. 2888243 (hereinafter the "2012 Declaration "); and
WHEREAS, Declarants or their authorized representatives, applied to the City for approval
of the subdivision of Outlot B, Greystone 1St Addition as Greystone 2 Addition, Dakota County,
Minnesota, and approval of a PUD for the development of Greystone 2 "d Addition; and
WHEREAS, the plat of Greystone 2nd Addition includes 31 residential lots, platted as Lots 1
through 10, Block 1 and Lots 1 through 21, Block 2, Greystone 2nd Addition; and
420505v1 CLL RS220 -345 2
WHEREAS, the park dedication ordinance of the City requires the dedication of 1.24 acres
of land for park for said 31 lots, or payment of cash in lieu of such dedication; and
WHEREAS, Declarants have requested, and the City has agreed, that the land dedication for
park purposes for such 31 lots be deferred as is hereinafter provided; and
WHEREAS, as a condition of approval of the PUD and the plat of Greystone 2nd Addition,
the City required the execution and filing of this Declaration of Covenants and Restrictions
(hereinafter the "2013 Declaration "); and
WHEREAS, to secure the benefits and advantages of approval of the PUDs and
subdivisions of Greystone 1St Addition and Greystone 2nd Addition, the Declarants desire to subject
Outlots A, C and D, Greystone 1St Addition to the terms hereof.
NOW, THEREFORE, the Declarants declare that Outlots A, C and D, Greystone 1st
Addition, shall be, held, transferred, sold, conveyed and occupied subject to the covenants,
conditions, and restrictions, hereinafter set forth.
1. If all or any part of Outlot A is subdivided by City Council approval of a final plat at any
time before March 20, 2022, such subdivision shall include transfer of fee title to Outlots
C and D for park purposes in satisfaction of park dedication requirements for the 23
residential lots in Greystone 1St Addition and the 31 lots in Greystone 2nd Addition, in
addition to whatever park dedication is required in connection with the creation of
additional developable lots in such new subdivision.
2. If no part of Outlot A is subdivided by City Council approval of a final plat before March
20, 2022, the owner of Outlot D will pay the City a cash payment in lieu of land
dedication for park purposes for the 23 lots approved in the plat of Greystone 1St Addition
and the owner of Outlot C will pay the City a cash payment in lieu of land dedication for
420505v1 CLL RS220 -345 3
park purposes for the 31 lots approved in the plat of Greystone 2nd Addition. The amount
of said payments shall be the amount of cash payment in lieu of park dedication for 23
single family residential lots and 31 single family residential lots, respectively,
determined in accordance with the requirements of the ordinances and regulations of the
City in effect on March 20, 2022.
3. In the event the property owners do not so pay the City within 30 days of the receipt of an
invoice therefor, the City may disapprove any subdivision of Outlot A; provided,
however, that such remedy is not exclusive, and the City may enforce the terms of this
agreement by any means available in law or equity.
4. The obligations and restrictions of this Declaration run with the land of the Subject Property
and shall be enforceable against the Declarants, their successors and assigns, which
successors and assigns shall be jointly and severally responsible for obligations under this
Declaration, by the City of Rosemount acting through its City Council. This Declaration
may be amended from time to time by a written amendment executed by the City and the
owner or owners of the lot or lots to be affected by said amendment.
5. The 2012 Declaration is superseded and terminated by this 2013 Declaration.
420505v1 CLL RS220 -345 4
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or
representatives of Declarants have hereunto set their hands and seals as of the day and year first
above written.
MINNOVA LAND, LLC
LIM
STATE OF MINNESOTA )
) ss.
COUNTY OF )
Its President
The foregoing instrument was acknowledged before me this — day of , 2013,
by the for and on behalf of
a by and on behalf of said
STATE OF MINNESOTA
) ss.
COUNTY OF
Notary Public
GROTHS
Wayne Groth
Sheila M. Groth
The foregoing instrument was acknowledged before me this ^ day of , 2013,
by Wayne Groth and Sheila M. Groth, husband and wife.
Notary Public
420505vl CLL RS220 -345 5
CITY OF ROSEMOUNT
C
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
William H. Droste, Mayor
Amy Domeier, City Clerk
The foregoing instrument was acknowledged before me this day of
' 2013, by William H. Droste, Mayor, and Amy Domeier, City Clerk, of
the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
420505v1 CLL RS220 -345 6
CONSENT
The undersigned Mortgagee of the real estate described in the attached Declaration of Covenants
and Restrictions ( "Declaration ") pursuant to the Mortgages recorded as Document Nos. 2807140
and 2413682 as amended by Document No. 2807141 in the office of the Dakota County
Recorder, hereby consents to all of the terms and provisions contained in the Declaration. The
undersigned Mortgagee further agrees that its interest in the property covered by the Mortgages
is subject to the Declaration and to all of the terms and provisions contained in it and agrees that
if the Mortgagee forecloses its mortgage(s) on the property, or takes a deed in lieu of foreclosure,
the Mortgagee will take title subject to the Declaration.
THE BUSINESS BANK
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
, the
Bank, on behalf of the corporation.
Notary Public
420505v1 CLL RS220 -345 7
day of , 20, by
of The Business
Site Location Map - Greystone 2nd Addition
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 990 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 2/21/2013
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2012 -16
A RESOLUTION APPROVING THE PRELIMINARY PLAT
FOR GREYSTONE
WHEREAS, the City of Rosemount received a request for Preliminary Plat approval from The
Ryland Group, Inc. concerning property legally described as:
All that part of the West Half of the Southeast Quarter of Section 22, Township 115, Range
19, Dakota County, Minnesota lying south of the southerly right of way line of the Union
Pacific Railroad.
WHEREAS, on December 27, 2011, January 24, 2012, and February 28, 2012, the Planning
Commission of the City of Rosemount held a public hearing and reviewed the Preliminary Plat for
Greystone; and
WHEREAS, on February 28, 2012, the Planning Commission recommended approval of the
Preliminary Plat for Greystone; and
WHEREAS, on March 20, 2012, the City Council of the City of Rosemount reviewed the Planning
Commission's recommendations.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Preliminary Plat for Greystone, subject to the following conditions:
1. Approval of the Comprehensive Plan Amendment by the Metropolitan Council
2. Approval of a Major Planned Unit Development rezoning the subject property and
designating minimum lot requirements and setbacks.
3. The street names of Street B and Street C are switched on sheet 3 and 4 (Preliminary
Plat). These street names need to be updated.
4. The trunk storm sewer is proposed to be downsized from 33 inches at Akron Avenue to
27 inches through Block 1. This system will need to convey all offsite storm sewer
originally designed with the Akron Avenue roadway project. The storm sewer is required
to be 33 inches from Akron Avenue to the 42 -inch storm pond outlet near Street A. A
temporary cul -de -sac is shown at the north end of Street B and Street C.
5. The temporary turn around easements shown on the preliminary plat should be updated
to be roadway easements.
6. Storm sewer, sanitary sewer, and water main on Street B are shown south of the
Greystone property line. A drainage and utility easement over these utilities from the
property to the south is required to be secured by the developer. The intersection of
Street B and Street A is required to be modified. Street B, south of Street A, shall have a
14 -foot northbound thru lane, a 13 -foot left turn lane, and a 14 -foot southbound thru
lane. Street B, north of Street A shall have a 14 -foot northbound thru lane and a 14 -foot
southbound thru /right turn lane. The thru lanes north and south of Street A are required
to align with each other and shall be parallel with the roadway alignment. With this
configuration, a striped median will be required to be located on Street B, north of Street
A. The striped median is required to have a 20 -foot tangent section with a 20:1 taper
back to the 32 -foot road section.
RESOLUTION 2012 -16
7. The Greystone preliminary plat is approved without a current land dedication or payment
of park dedication fees. The plat of Greystone will include land to the north (the Groth
parcel), currently identified as Oudot A, which will be platted into additional outlots. One
of the outlots will be of a size that satisfies the park dedication requirements for the first
54 units in the Greystone Development. The property to the north ( Groth parcel) will be
made subject to a covenant that provides:
• If the Groth parcel is subdivided within the next 10 years, the outlot identified as
future park land will be deeded to the City to satisfy the park dedication
requirements of the 54 units in Greystone and additional park dedication will be
required for additional units in a new subdivision.
• If the Groth parcel is not subdivided after 10 years, the owner of the Groth parcel
will pay to the City the cash dedication requirements for the original 54 units. The
fee will be based on the approved park dedication fees at the time of payment or at
the mutual agreement between the land owner and the City, a land dedication of
2.16 acres contiguous to the platted parcel will be made. This parcel will have
access to a public street and will meet the land dedication requirements included in
the City's Subdivision Ordinance. Upon payment of the fee or dedication of land,
the City will release the Groth parcel from the obligations of the covenant.
ADOPTED this 20' day of March, 2012, by the City C cil of the City of Ros ount.
William H. Droste, Mayor
ATTEST:
0 wuku zj
Amy Domeier, City Clerk
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4,ROSEMOUNT
PUBLIC WORKS
MEMORANDUM
DATE: February 15, 2013
TO: Jason Lindahl, Planner
CC: Kim Lindquist, Community Development Director
Eric Zweber, Senior Planner
Andrew Brotzler, Director of Public Works / City Engineer
Dan Schultz, Parks and Recreation Director
Chris Watson, Management Analyst
Kathie Hanson, Planning Department Secretary
FROM: Phil Olson, Assistant City Engineer
RE: Greystone Final Plat Review
SUBMITTAL:
Prepared by Pioneer Engineering, the Greystone Preliminary Plat was dated February 1, 2013 and
received on February 4, 2013. Engineering review comments were generated from the following
documents included in the submittal:
• Final Plat (3 sheets)
• Final Grading & Erosion Control Plan (6 sheets)
• Landscape Plan (2 sheets)
• Lighting Plan
GENERAL COMMENTS:
Trees shall not be planted within the drainage way, over the proposed storm sewer, or within
the pond access location. The plantings should be placed a minimum of 15 feet from the
storm sewer.
EASEMENT COMMENTS:
2. A roadway easement is required for the temporary cul -de -sac at the north end of Adrian
Avenue. This was shown on the title sheet of the grading plan.
Signage for the conservation easement in the ponds shall be provided by the developer and
an extended maintenance warranty shall be required to ensure establishment of the naturally
vegetated areas.
4. The width of drainage and utility easements over all public utilities shall be verified during
final design.
5. Storm sewer is proposed along the side and back lot lines of certain properties to convey
rear yard drainage. Drainage and utility easements along these lines shall prohibit the
installation of sheds to ensure that access can be provided for storm sewer maintenance.
Fences are allowed but shall not restrict drainage and are required to include gates for truck
access over the drainage and utility easement. Also, landscaping that will block access should
be prohibited. These restrictions should be added as a restriction on the property deed.
This will impact the following properties:
o Block 1: Lot 1 through Lot 7 (7 lots)
o Block 2: Lot 12 and Lot 13 (2 lots)
PRIVATE UTILITY COMMENTS:
6. All work occurring within the Xcel Energy easement shall be by agreement or permit. An
agreement or permit between the developer and Xcel Energy shall be submitted to the City.
GRADING COMMENTS:
7. All silt, clay, and topsoil, shall be removed within the street and sidewalk. Mass grading for
this project was completed with the previous phase and some clay, topsoil, and silt was left
within the street and sidewalk section. Removal of this material may be completed as part of
the city project for public streets and utilities.
DEVELOPMENT FEES:
8. The development fees below are estimated based on the 2013 Fee Resolution. These fees
are due with the final plat and subdivision agreement.
o GIS Fees: $60 /unit * 31 units = $1,860
• Sanitary Sewer Trunk Charge: $1075 /acre * 12.66 acres = $13,610
• Watermain Trunk Charge: $6500 /acre * 12.66 acres = $82,290
o Storm Sewer Trunk Charge: $6865 /acre * 10.33 acres = $70915.45
9. The developer has verbally requested funding for the project improvements and area charges
through assessments. A formal letter with this request is required.
Should you have any questions or comments regarding the items listed above, please contact me at
651 - 322 -2015.