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HomeMy WebLinkAbout6.l. Final Plat and Minor Planned Unit Development Agreement for Greystone 2nd Addition (Ryland Homes), Case 13-11-FP & 13-12-AMD4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: May 7, 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- 26 -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 February 15, 2013, Subdivision Agreement d 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. SUMMARY 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 1" 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, outlots 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 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. Shortly after the Planning Commission meeting, the applicant requested to postpone City Council action on the Minor PUD Amendment and Final Plat for Greystone 2nd Addition. According to the applicant, this request was due to internal timing matters and they are agreeable to all conditions of approval recommended by staff. In making this request, Ryland reaffirmed their commitment to building the project this year and have continued to work with the Engineering Department to prepare plans during the delay. Ryland acknowledged that while the project had a slow start, they are encouraged by recent activity during the Parade of Homes and plan to expand the models available in Greystone to include two -story homes. I= L�L�3:��I�1`►f�: 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 2nd Addition. ISSUE ANALYSIS Legal Authority. This application contains both Quasi - Judicial and Legislative actions. The final plat application is Quasi - Judicial in that the City has a set of standards and requirements for reviewing this type of application (see below). Generally, if the final plat meets the ordinance requirements it must be approved. By comparison, the minor planned unit development amendment application is a legislative action and the City has wide flexibility during this review. However, decisions made under a legislative action must still be constitutional, rational and related to protecting the health, safety and welfare of the public. 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 Planned 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. 2 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 %) 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 %) of the front property line nor fifty percent (50 %) of the curb line in front of the property. 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 %). 3. Increase the gross floor area of nonresidential buildings by more than five percent (5 9/6) 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 9/6) or alters it in such a way as to change its original design or intended use. 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 2 "d Addition final plat (attached), the standards from the original PUD noted above and the architectural standards detailed below. Front Elevations: The front elevation designs 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 1415` 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 140th 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 139th 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). Landscape and Bern2ing. 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 15t Addition review. That analysis examined the overall Greystone development including the ghost plat of Outlot A. Because topographic conditions in Greystone 15t 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 15` 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 V 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 1" Addition along with whatever park dedication is required for the associated new development. The subdivision of Outlot B, Greystone 1" Addition into Greystone 2 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. V 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 15` Addition and along Akron Avenue. Engineering Comments. The Engineering Department has reviewed the proposed Greystone 2nd Addition final plat. Comments regarding this application are detailed in the attached memo dated February 15, 2013. 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. 5 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 2nd 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 1St 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 1St 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 1St 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. 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 Outlot D as the park dedication for Greystone 1" and Oudot C as the park dedication for Outlot 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 15th and not 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 2" 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 2015, 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 Greystone 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 May 7, 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 Oudot C of Greystone 1" Addition as the park dedication requirement for the 31 lots in Greystone 2nd Addition. 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 7d' day of May, 2013, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, 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 May 7, 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 1S` 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: Execution of the Minor Amendment to 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. ADOPTED this 7' day of May, 2013, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, 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 7t" day of May, 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 on Attachment One, (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 to include additional real property owned by Declarant described on Attachment Two, attached hereto and hereby made a part hereof (hereinafter referred to as the "Greystone 2nd Addition ", 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 and Greystone 2nd Addition are, 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 and Greystone 2nd Addition shall conform to the documents, plan and drawings listed in Paragraph 1 of the Planned Unit Development Agreement and, in addition, to the following: f. City Resolution No. 2013 -_, Attachment Three g. Greystone 2nd Addition Final Plat, Attachments Four, Five and Six h. Cover Sheet, Attachment Seven i. Final Grading Plan, Attachment eight and Nine 1 j. Erosion Control Plan, Attachment Ten and Eleven k. Grading and Erosion Control Details, Attachment Twelve 1. Lighting Plan, Attachment Thirteen m. Landscaping Plan, Attachment fourteen and Fifteen 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 and Greystone 2" d Addition shall conform to the Planned Unit Development Agreement except as modified herein. a. Legal Description; The list of the lots subject to the Planned Unit Development Agreement shall be amended by adding the lots listed below: Lots 1 through 10, Block 1; Lots 1 through 21, Block 2, Greystone 2nd Addition, Dakota County, Minnesota b. 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 Greystone 2nd Addition 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 By Its By Its 2 STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2013, by and the and 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. STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) CITY OF ROSEMOUNT Lo William H. Droste, Mayor And by: Amy Domeier, City Clerk 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 ATTACHMENT ONE Planned Unit Development Agreement Legal Description Lots 1 through 14, Block 1; Lots 1 through 4, Block 2; Lots 1 through 5, Block 3 Oudots A, B, C, and D; Greystone 1 t Addition, Rosemount, Minnesota ATTACHMENT 1 ATTACHMENT TWO Greystone 2nd Addition Legal Description Lots 1 through 10, Block 1; Lots 1 through 21, Block 2; Greystone 2nd Addition, Dakota County, Minnesota ATTACHMENT 2 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" 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 May 7, 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 2 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 7`'' day of May, 2013, by the City Council of the City of Rosemount. ATTEST: City Clerk William H. 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O r'' 5 z O w N I N q 0 I STREET D F I I � N u N T>z s 1 N W I N A F O a 10 u w V SyFFT m ro I I U A N S o r -� m I STREET A Q m )> E_ „ Y. I 4 SFF V °o fO ° N u A C 0 0 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 tam 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. 0 • 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 oudots. One of the oudots 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 oudot 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 punt William H. Droste, Mayor Amy Domeier,-- L', 0 C) 70 TI Cr) ---I z m 0 cn 0 0 z AI C) o �A 1�7 SP v all z. ov, i, r 5i -A A OUTLOT C C.: OUTLOT D &; ­027 L__ -_ -- - - - - - r r a--I IL IA_ z- . . . j + IA 55 R L12-- L .ONG-60 14 E. --------- - r G) N, I I fit IL j III` I 141ST ST E s 51 Fi "A f CJ ------------------------ ---------- _x C) 70 TI Cr) ---I z m 0 cn 0 0 z AI C) P R' E S T �A 1�7 v 07 ROS*EMOUNT 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: 1. 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. 3. 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 0 0 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. • 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 • 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. SUBDIVISION AGREEMENT Greystone 2" Addition AGREEMENT dated this day of , 2013, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation (the "City "), and THE RYLAND GROUP, INC., a Maryland Corporation (the "Developer "). 1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Greystone 2nd Addition, which land is legally described on ATTACHMENT ONE, attached hereto and hereby made a part hereof (hereinafter referred to as the "subject property "). 2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following conditions: a. Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities. b. Execution of a Subdivision or Development Agreement to secure the public and private improvements. c. Payment of all applicable fees including G.I.S., Park Dedication and other fees identified in the current fee schedule. d. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Subdivision Agreements for such phases are approved by the City. 4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat 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 Greystone 2nd Addition March 2013 G: \ENGPROJ \449 \Subdivisionagreement - 449.docx Page 1 of 10 amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 5. Development Plans. The subject property shall be developed in accordance with the following plans, original copies of which are on file with the City Engineer. The plans may be prepared, subject to City approval, after entering this Agreement, but before commencement of any work on the Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A - Plat Plan B - Soil Erosion Control Plan and Schedule Plan C - Drainage and Storm Water Runoff Plan Plan D - Plans and Specifications for Public Improvements Plan E - Grading Plan and House Pad Elevations Plan F - Street Lights Plan G - Landscape Improvements 6. Installation by Developer. The Developer shall install or cause to be installed and pay for the following, hereinafter referred to as the "Developer Improvements ": A. Setting of lot and block monuments B. Surveying and staking of work required to be performed by the Developer C. Gas, electric, telephone, and cable lines D. Site grading E. Landscaping F. Streetlights G. Other items as necessary to complete the development as stipulated herein or in other agreements 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 which will serve the subject property by December 31, 2013, subject to delays to due inclement weather, casualty, labor strikes, material shortages, or other force majeure not within the Developer's reasonable control. 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. 8. Public Infrastructure. The following improvements, hereinafter referred to as "Public Infrastructure Improvements" (known as City Project 449), shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property at Developer expense by a Contractor selected by the City through the public bidding process: A. Sanitary Sewer B. Watermain C. Storm Sewer G: \ENGPROJ \449 \Subdivisionagreement - 449.docx Greystone 2 "d Addition March 2013 Page 2 of 10 D. Streets E. Sidewalks /Pathways ATTACHMENT ONE shows the area within which the Public Infrastructure Improvements will be constructed pursuant to this Paragraph. Contracts shall provide for construction in accordance with plans and specifications prepared by the City or its consultants. The City will not enter into such contracts until all conditions of plat and subdivision approval have been met, the plat is recorded, and the City has received the bonds and security required by this agreement. The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department of Health and all other agencies before proceeding with construction. 9. Assessment for Costs of Public Infrastructure Improvements. Developer petitions the City for construction of the Public Infrastructure Improvements listed in paragraph 8 and the assessment of Developer's share of the cost thereof, together with Sanitary Sewer Trunk Charges, Watermain Trunk Charges, and Storm Sewer Trunk Charges against the Subject Property in accordance with the Petition and Waiver Agreement attached hereto as ATTACHMENT Two, which is hereby made a part hereof. Payment of special assessments when due as levied and as specified in ATTACHMENT TWO is a personal obligation of Developer, and upon failure of Developer or its successors in interest to pay such assessments when due, the City may exercise any remedy specified herein or otherwise allowed in law or equity, including but not limited to, refusal to issue building permits and certificates of occupancy for any lot or lots for which the full amount of principal and accrued interest of assessments levied pursuant to ATTACHMENT TWO are not fully paid. Upon execution of this Agreement, the Developer will provide the letter of credit described in ATTACHMENT TWO. 10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement, payment of the costs of all Developer Improvements, and construction of all Developer Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash escrow or irrevocable letter of credit from a local bank ( "security ") in the amount of One Hundred Forty -Seven Thousand, Four Hundred Eleven Dollars ($147,411), which is 110% of the estimated cost of the Developer Improvements. The amount of the security was calculated as follows: Refer to Exhibit A and Exhibit B for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City Greystone 2nd Addition March 2013 G: \ENGPROJ \449 \Subdivisionagreement - 449.docx Page 3 of 10 Cost 110% Grading & Erosion Control $44,310 $48,741 Pond Restoration and Erosion Control Removal C $25,000 $27,500 Survey Monumentation $15,500 $17,050 Landscaping $29,200 $32,120 Street Lighting (5 lights) $20,000 $22,000 Total $134,010 $147,411 Refer to Exhibit A and Exhibit B for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City Greystone 2nd Addition March 2013 G: \ENGPROJ \449 \Subdivisionagreement - 449.docx Page 3 of 10 shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw on the letter of credit. With City approval, the letter of credit may be reduced from time to time as financial obligations are paid and developer- installed improvements completed to the City's requirements. 11. Grading Plan /Site Grading. Site grading shall be completed by the Developer at its cost and approved by the City Engineer. The completion of grading activities will need to be coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the development to the City as the site grading is completed by phase, with street and lot grades. If the installation of utilities is occurring simultaneously with the grading, the utility contractor shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected. All improvements to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer. 12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City during the installation of Public Infrastructure Improvements. Such license shall terminate as to all single- family residential lots within the subject property upon acceptance by the City of the public infrastructure improvements. 13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72 hours after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast - growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc- anchored as necessary for seed retention. All basement and /or foundation excavation spoil piles shall be kept completely off City right -of -way and shall be completely surrounded with an approved erosion control silt fence. Approved erosion control fencing shall be installed around the perimeter of each lot or at City- approved locations at the time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 -foot opening will be allowed on each lot for construction deliveries. The parties recognize that time is critical in controlling erosion. If development does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. This right also applies to the required erosion control for basement and /or foundation excavation spoil piles. The City will attempt to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's or City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed, and no building permits will be issued unless the Subject Property is in full compliance with the erosion control requirements. 14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the City Planner. 15. Clean u12. The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and G: \ENGPROJ \449 \Subdivisionagreement - 449.docx Greystone 2nd Addition March 2013 Page 4 of 10 determine whether it is necessary to take additional measures to clean dirt and debris from the streets. After 24 hours verbal notice to the Developer, the City will complete or contract to complete the clean up at the Developer's expense in accordance with the procedures specified in Paragraph 13. The Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of erosion/ siltation and restore to the original condition at the end of home construction within this development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit A. 16. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public rights -of -way and easements shall become City property without further notice or action unless the improvements are slated as private infrastructure. 17. Warran . The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twelve (12) months after planting. 18. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subject Property including, but not limited to, Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the subdivision and the plat, the preparation of this Agreement and any amendments hereto, and all costs and expenses incurred by the City in monitoring and inspecting the development of the Subject Property. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property, except for any costs or expenses arising from the negligence or other wrongful acts or omissions of the City, it's agents, employees or contractors. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement of this Agreement, including engineering and attorney's fees. Upon request, the City shall provide invoices, in reasonable detail, as to any such fees. The estimated City fees of $169,157 shall be deposited with the City at the time this Agreement is signed and represent the following estimates: $20,000 Engineering Review Fees $107,774 Engineering Design and Construction Admire Fees $4,000 Attorney Fees $26,943 5% City Fees $1,440 Street Light Energy Cost $1,860 GIS fees 7 140 Seal Coating $169,157 G:\ ENGPROJ \449\Subdivisionagreement - 449.docx Greystone 2"° Addition March 2013 Page 5 of 10 If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City within ten (10) days of the request. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9 0/6) per year. E. The Developer shall pay all energy costs for street lights installed within the Subject Property for 24- months at a cost of $12 /month /light. After that, the City will assume the energy costs. F. The Developer will pay the cost of sealcoating the streets within the development at a cost of $1.70 /SY. The sealcoating will be completed within two (2) years following wear course placement. G. The Developer shall pay the cost of fog sealing the trails within the development at a cost of $0.09 /SF. The fog sealing will be completed within two (2) years following trail installation. 19. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time of execution of any plat by the City: A. Park dedication fees in the amount of $0 (Park dedication obligation is addressed in paragraph 24J below) C. Storm Sewer Trunk Area Charges ($70,915 to be included in petition & waiver) D. Sanitary Sewer Trunk Area Charges ($13,610 to be included in petition & waiver) E. Watermain Trunk Area Charges ($82,290 to be included in petition & waiver) Or other amounts for such fees as in effect at the time of plat approval. 20. The Developer understands that builders will be required to pay for the Subject Property certain fees, charges and assessments in effect at the time of issuance of building permits, as more specifically identified below. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. The fees, charges, and assessments in effect as of the date of this agreement are: A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $2,435). B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single family currently at $770; multi- family currently at $290 per housing unit). C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200 /SAC unit). D. Water Availability Charges per SAC unit (currently at $2,175 /SAC unit for single family residential and multi- family residential). 21. Building Permits. No occupancy permits shall be issued until: A. The site grading is completed and approved by the City. B. All public utilities are tested, approved by the City Engineer, and in service. G:iENGPROJ \449 \Subdivisionagreement - 449.docx Greystone 20tl Addition March 2013 Page 6 of 10 C. All curbing is installed and backfilled. D. The first lift of bituminous is in place and approved by the City. E. All building permit fees are paid in full. F. No early building permits will be issued. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays incurred by the City in the construction of public improvements caused by the Developer, its employees, contractors, subcontractors, material men or agents. No occupancy permits shall be issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the City (excluding the final wear course of bituminous), unless otherwise authorized in writing by the City Engineer. 22. Record Drawings. At project completion, Developer shall submit record drawings of all public and private infrastructure improvements in accordance with the City's Engineering Guidelines. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 23. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 24. Miscellaneous. A. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply 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 subdivision, or the plat, or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. G: \ENGPROJ \449 \Subdivisionagreement - 449.docx Greystone 2 n Addition March 2013 Page 7 of 10 F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land and may be recorded against the tide to the property. The Developer shall take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Agreement, at the Developer's request, the City will execute and deliver to the Developer a release. H. 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 the 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 exciting 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. I. The Developer may not assign this Agreement without the written permission of the City Council. J. Before the City commences work on the Public Improvements on the subject property, Developer will provide the City with a duly executed and recorded Declaration of Covenants, executed by owners and mortgagees, in a form approved by the City attorney, providing for the future dedication of 1.23 acres of land in Outlot C of Greystone 1" Addition for park purposes in satisfaction of park dedication requirements for the 31 units in the development, or payment of cash in lieu of such dedication, all in accordance with the condition for plat approval specified by the City Council. 25. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Mr. Michael W. Devoe The Ryland Group, Inc. 7599 Anagram Drive Eden Prairie, MN 55344 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: City Administrator Rosemount City Hall 2875 145`" Street West Rosemount, Minnesota 55068 G: \ENGPROJ \449 \Subdivisionagreement - 449.docx Greystone 2nd Addition March 2013 Page 8 of 10 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: BY: William H. Droste, Mayor Amy Domeier, City Clerk THE RYLAND GROUP, INC. BY: _ Its BY: _ Its STATE OF MINNESOTA SS COUNTY OF DAKOTA 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 and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA SS COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of , 2013 by , its and its of The Ryland Group, Inc., a Maryland Corporation, on behalf of the Corporation. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Greystone 2 "d Addition March 2013 G: \ENGPROJ \449 \Subdivisionagreement - 449.docx Page 9 of 10 EXHIBIT A The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined in the Subdivision Agreement: Grading _& Erosion Control — A restoration and erosion control bond to ensure re- vegetation and erosion control ($3,500 /acre). Note: The minimum bond amount is set at $25,000. Pond Restoration /Erosion Control Removal — A security to allow for cleaning of sedimentation ponds prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood fiber blanket following development of 75 percent of adjoining lots (estimated lump sum). Survey Monumentation — An amount equal to 110% of the cost to monument all lots within the development. Landscaping — An amount equal to 110% of the cost to complete the minimum required landscaping. If additional landscaping is planned, a bond for that cost is not required. Retaining Walls — An amount equal to 110% of the cost to complete the retaining wall construction. Street Lighting — An amount equal to 110% of the cost to complete the minimum required lighting. If additional lighting is planned, a bond for that cost is not required ($4,000 per light has been used to calculate this cost). Buffer Monumentation — An amount equal to 110% of the cost to manufacture and install the necessary buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this cost). Park Eduip_ ent — An amount equal to 110% of the cost of improvements agreed upon to be completed in the park areas. Wetland Monitoring — An amount equal to 110% of the cost to hire a wetland specialist to monitor the mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City. Wetland Restoration /Mitigation — An amount equal to 110% of the cost to develop new wetlands should the mitigation not be effective ($20,000 per acre of mitigation). Greystone 2nd Addition March 2013 G: \ENGPROJ \449 \Subdivisionagreement - 449.docx Page 10 of 10 Greystone 2nd EXHIBIT B (Page 1 of 2) Letter of Credit for Developer Improvements (due before signed plat is released) No. Item Cost 110% Calculation 1 Grading and Erosion Control $ 44,310 $ 48,741 $3500 /acre x 12.66 acres 2 Pond Restoration and Erosion Control Removal $ 25,000 $ 27,500 Minimum $25,000 3 Survey Monumentation $ 15,500 $ 17,050 $500/lot x 31 lots 4 Retaining Wall $ - $ - N/A 5 Landscaping $ 29,200 $ 32,120 Per City Planner 6 Street Lights $ 20,000 $ 22,000 5 lights x $4000/light 7 Buffer Monumentation $ - $ - N/A 8 Park Equipment/Improvements $ - $ - N/A 9 Wetland Restoration/Mitigation $ - $ - N/A 10 Wetland Monitoring $ - $ N/A Totall $ 134,010 1 $ 147,411 Citv Fees based on $538,868 estimated construction cost (due with signed agreement) No. Item Cost Calculation 1 Engineering Review Fees $ 20,000 City Engineer Estimation 2 Engineering Design and Construction Admin Fees $ 107,774 20% of Estimated Construction Cost 3 Attorney Fees $ 4,000 Estimate 4 5% City Administrative Fees $ 26,943 5% of Estimated Construction Cost 5 Street Light Energy Cost $ 1,440 5 lights x 24 months x $12 /month 6 GIS Fees $ 1,860 $60 /unit x 31 units, or $120 /acre 7 Trail Fo Seal $ - N/A 8 Seal Coating $ 7,140 $1.70 /SY x4,200 SY (53% of total ROW Total $ 169,157 Development Fees (trunk fees to be assessed via Petition & Waiver Agreement) No. Item Cost Calculation 1 Park Dedication $ - Outlot C of Gre stone 1st will be dedicated when platted. 3 Storm Sewer Trunk Charge $ 70,915 $6865 /net developable acre x 10.33 acres 4 Sanitary Sewer Trunk Charge $ 13,610 $1075 /acre x 12.66 acres 5 Watermain Trunk Charge $ 82,290 $6500 /acre x 12.66 acres 6 Stormwater Pondin Fee $ - N/A Total $ 166,815 G: \ENGPROJ \449 \Subdivisionagreement Calcs - 449 Totals Block Lots Units 1 10 10 2 21 21 Total 1 31 1 31 Total Plat Area = 12.66 acres Park Dedication = 0.00 acres Future Plat Area = 0.00 acres Developable Area = 12.66 acres Ponding to HWL = 2.32 acres Net Developable Area = 10.33 acres * Excludes future plat areas. G: \ENGPROJ \449 \Subdivisionagreement Calcs - 449 Greystone 2nd EXHIBIT B (Page 2 of 2) Block Lot Units SQ FT Acres 1 1 1 8,680.0 0.20 1 2 1 8,680.0 0.20 1 3 1 8,680.0 0.20 1 4 1 8,680.0 0.20 1 5 1 9,380.0 0.22 1 6 1 9,240.0 0.21 1 7 1 8,680.0 0.20 1 8 1 8,680.0 0.20 1 9 1 8,680.0 0.20 1 10 1 11,097.0 0.25 2 1 1 15,249.0 0.35 2 2 1 8,680.0 0.20 2 3 1 8,680.0 0.20 2 4 1 8,680.0 0.20 2 5 1 8,680.0 0.20 2 6 1 9,380.0 0.22 2 7 1 9,380.0 0.22 2 8 1 8,693.0 0.20 2 9 1 12,436.0 0.29 2 10 1 11,020.0 0.25 2 11 1 36,165.0 0.83 2 12 1 58,019.0 1.33 2 13 1 57,012.0 1.31 2 14 1 47,404.0 1.09 2 15 1 20,473.0 0.47 2 16 1 11,711.0 0.27 2 17 1 11,673.0 0.27 2 18 1 11,634.0 0.27 2 19 1 11,596.0 0.27 2 20 1 11,568.0 0.27 2 21 1 11,520.0 0.26 ROW 71,209.0 1.63 Total Boundary 12.66 ATTACHMENT ONE Greystone 2nd Addition Final Plat .:§ ! ! • � ;| '! �` � |! � �� • | / ! | R � @ |� ! • e! E'( | �! O 2 & - � - § § / � ■ ! §�� �| % §)� � } o •n® ' e L °_------------ I I _a L- _____ rT 9 �L___� r ______ ___ •wP: i I I I I I I I I `' I • - i 1 ..ZFx Ya 3nN3AV NV18GV _.- -ianoO NVINOV EL ^ ^• ab ^.y. p8 �5 I I I I „t w _-_- _r Q II �� r' - - -- — 3w - - -- -'z Q Ji w °�.T(mon_____ ' O_________ F •• • a NTH' V -° r - ---- �r _ "r nx• wi e�'aa ________ —J n ----------- L- gnu---- ----------- 81r M ZI 18 I: ----J• �g � i -_N n r________ - -_ 81L _ _ _____ -_ r � a r m I / y ^ r \ D'ol • _---- _ —_ - -r _ - - -- d i� CID ATTACHMENT Two Petition and Waiver Agreement ATTACHMENT Two PETITION AND WAIVER AGREEMENT This Agreement made this day of , 2013, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation ( "City "), and THE RYLAND GROUP, INC., a Maryland Corporation ( "Owner ") WITNES SETH: WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property") located in the City, the legal description of which is set forth on EXHIBIT A, attached hereto and hereby made a part hereof; and WHEREAS, the Owner desires to have certain public improvements constructed to serve the Subject Property generally described as Greystone 2nd Addition, and as more specifically described in EXHIBIT B, attached hereto and hereby made a part hereof (hereinafter referred to as the "Improvement Proj ect "); and WHEREAS, the Owner wishes for the City to construct the Improvement Project without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy the cost of the Improvement Project, estimated at $538,868, and $166,815 in public utility trunk area fees against the Subject Property, as outlined in EXHIBIT D, attached hereto and hereby made a part hereof, and WHEREAS, the City is willing to construct the Improvement Project in accordance with the request of the Owner and without such notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance the costs of the Improvement Project and to pay trunk area fees; and I WENGPROA449Tetition and waiver - 449.docx WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project or levy such assessments without such notices and hearings and is doing so solely at the behest, and for the benefit, of the Owner. NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Owner hereby petitions the City for construction of the Improvement Project. 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Property, that it has full legal power and authority to encumber the Subject Property as herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except as listed on EXHIBIT C. 3. The Owner requests that the cost of the Improvement Project be assessed against the Subject Property. The Current estimate of the cost of the Improvement Project is $538,868; however, the assessment will be based on the actual costs of the Improvement Project and other City costs related to the Improvement Project that may lawfully be assessed under Minnesota Statutes, Chapter 429. The Owner further requests that trunk area fees for sanitary sewer, storm sewer, and water in the amount of $166,815 be assessed against the Subject Property. 4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, on the Improvement Project and notice of hearing and hearing on the special assessments levied to finance the Improvement Project and trunk area fees pursuant to Minn. Stat. Section 429.061, and specifically requests that the Improvement Project be constructed and special assessments levied against the Subject Property for the Improvement Project and for trunk area fees without hearings. 5. The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of the Subject Property resulting from construction of the Improvement Project will be at least equal to the amount specified in 2 GAENGPROA449Tetition and waiver - 449.doex paragraph 3, and that such increase in fair market value is a special benefit to the Subject Property; and C. Assessment of amount specified in paragraph 3 against the Subject Property is reasonable, fair and equitable. 6. Special assessments for the Improvement Project and for trunk area fees will be levied on a per lot basis against all lots in the plat, payable over five (5) years and bearing interest at a rate of two points over the bond rate if bonds are issued by the City for the Improvement Project, or two points over a current bond rate as determined by the City's financial consultant. To secure payments of the special assessments, the Owner will provide to the City a letter of credit in the amount of Four Hundred Twenty -Three Thousand, Four Hundred Ten Dollars ($423,410), which is 60% of the total assessment amount of $705,683. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. Such letter of credit shall be maintained in effect until all assessments are paid in full. As assessments are paid, the letter of credit may be reduced or replaced by substitute letters of credit, not more often than once every twelve months, to an amount that is not less than the amount of the unpaid assessments. In the event special assessments are not paid when due, the City may draw on the letter to pay such special assessments. Special assessments against each lot must be paid in full prior to issuance of a building permit for that lot. 7. Owner represents and warrants that the Subject Property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments; and Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. 8. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form that is recordable among the land records of Dakota County, Minnesota; and the parties agree to make any changes to this Agreement that may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. 9. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regarding the Improvement Project and trunk area fees, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. 3 G:\ENGPROA449\Petition and waiver - 449.docx IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) CITY OF ROSEMOUNT William Droste, Mayor And by: Amy Domeier, City Clerk The foregoing instrument was acknowledged before me this day of , 2013, by William Droste and Amy Domeier, the Mayor and Clerk, respectively, of the City of Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public 4 GAENGPROA449Tetition and waiver - 449.doex OWNER By: _ Its: And by: _ Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2013, by and and , of The Ryland Group, Inc., a Maryland Corporation, on behalf of the Corporation. Notary Public , the respectively, GAENGPROA449Tetition and waiver - 449.docx ATTACHMENT Two EXHIBIT A Greystone 2nd Addition Final Plat Y 6 s U F E� 'a >, a zz ails Z N W Zy 0 s V) yi6yyg z W Of b � 55 � yyP s ei Q�a_s q. 9 ! 5 lb IN o p p p - - - - - - - - -- - - ------ L 3nN3AV NVI8CIV —NVl-8—C'V t2 i4 �,z - ---------- — --------- - ----------- t LLJ --------- ol ----------- I ----------- a is i ----------- ----------- ------------- is ----------- ------------- Wp -ef - W -- _-- _ —_ —_I It" --------------- EXHIBIT B Description of the Improvements The following improvements, known as City Project 449, shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property by a Contractor selected by the City through the public bidding process: A. Sanitary Sewer B. Watermain C. Storm Sewer D. Streets E. Sidewalks /Pathways Contracts shall provide for construction in accordance with plans and specifications prepared by the City or its consultants. The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department of Health and all other agencies before proceeding with construction. GAENGPROA449\Petition and waiver - 449.docx EXHIBIT C Liens, Interests or Encumbrances G:\ENGPROA449\Petition and waiver - 449.docx EXHIBIT D Item Cost Calculation Estimated Construction Cost + 10% $538,868 Construction only; does not include overhead Sanitary Sewer Trunk Charge $13,610 $1075 /acre x 12.66 acres Watermain Trunk Charge $82,290 $6500 /acre x 12.66 acres Storm Sewer Trunk Charge $70,915 $6865 /acre x 10.33 acres Total Trunk Charges $166,815 Total Assessment Amount $705,683 G:\ENGPROA449\Petition and waiver - 449.docx