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HomeMy WebLinkAbout6.f. Request by Ryland Homes for a Preliminary Plat, Planned Unit Development Master Development Plan with Rezoning ISSUE Applicant: Ryland Homes Location: East of Akron Avenue about'/a mile north of CSAH 42 and south of the Union Pacific Rail Line. Gross Acres: 32 Acres Met Council Net Acres: 25 Acres Proposed Lots: 66 Lots Gross Density: 2.03 Units/Acre Net Density: 2.62 Units/Acre Existing Comp Plan Designation: LDR—Low Density Residential Existing Zoning: AGP—Agricultural Preserve Proposed Density: R1 PUD —Low Density Residential Planned Unit Development The applicant,Ryland Homes (Ryland) requests approval of a Preliminary Plat,Planned Unit Development (PUD) Master Development Plan with Rezoning and Final Plat for the Greystone 3`d Addition to allow 66 lots on approximately 32 acres. The preliminary plat provides legal entitlement to a certain number of lots, but actual developable lots would not be created until a final plat is approved. The Greystone 3`d Addition Final Plat will develop the first 19 lots leaving the remaining 47 lots for future phases. Additionally, the plat will include a 6 acre oudot on the east side of the development for a public park. JUNE 24 PLANNING COMMISSION MEETING The Planning Commission reviewed the Greystone 3`d request on June 24. During the public hearing, Mavis Gerber (14089 Addison Court) expressed concern that there will not be a second access to Akron Avenue within Greystone 3`d. She stated that her concern includes the safety of the children within the neighborhood, the wear of the roads from the construction vehicles and evacuation if there is an accident at the refinery. Staff responded that the Dakota County Plat Commission specifically restricted any additional access to Akron Avenue, that an addition access might jeopardize the City's quiet zone status due to the proximately of the railroad crossing. Staff also stated that the roads are designed to handle the weight of construction vehicles and that Ryland is required to provide a two year warranty that includes repairing any construction damage. Staff also explained that an access to Bonaire Path will be constructed with the development of the property to the east and that an access to Connemara Trail will be installed with the development of the property to the south. Commissioner Husain asked how residents would get to the Flint Hills Park and how deep the lots are along the power lines. Staff explained that Flint Hills Park is about one eighth of a mile north of the development and that residents can get there from the trail along Akron Avenue. There is only one lot along the power lines in this plat and that it is the same depth as the lots in Greystone 2nd that have the power line. Chair Miller inquired if Ryland was supportive of the staff recommendation to install a northern trail connection to Akron Avenue and the trail connection to the park from Street F. Mark Sonstegard of Ryland Homes stated they are supportive of the two trail connections and that these connections will be a benefit to the neighborhood. Chair Miller asked how Ryland mitigates for the railroad noise. Mr. Sonstegard stated that no lots are directly adjacent the railroad, that the nearest houses are parallel to the railroad,which limits the residents exposure and that Ryland installs better windows facing the railroad. The Planning Commission recommended approval of Greystone 3`d Preliminary Plat,PUD Master Development Plan with Rezoning and Final Plat on a 4-0 vote. Commissioner Kenninger was absent from the meeting. 2 SUMMARY Legal Authority Preliminary plat,rezoning and final plat requests are quasi-judicial decisions meaning that the City Council is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. The Planned Unit Development Master Development Plan is a legislative decision because of the Code deviations being requested. Legislative decisions give the City Council more latitude, but consideration should be given to the PUD standards of the existing Greystone development as well as the PUD standards in the adjacent Prestwick Place development. The recommended Greystone 3`d PUD regulations are identical to those in the existing Greystone PUD and similar to the Prestwick Place standards. The difference between the Prestwick Place standards and Greystone is that Greystone can have lots as narrow as 62 feet wide and are permitted to have two car garages. These differences result in more affordable homes than those in Prestwick Place and provide variety in the Rosemount housing market. General Subdivision Design Greystone 3`d is approximately 32 acres between the existing Greystone development to the south and the railroad road tracks to the north. Akron Avenue is located directly to the west and the vacant land to the east is designated for single family housing in the future. The street system includes two stubs in the east to support the future single family development and it is expected that the new development would provide an access to Bonaire Path located east of the railroad tracks. There are 6 acres designated for a park and approximately 5 acres of ponding. The Greystone 3`d property contains two existing utility easements: a 62 foot wide transmission line easement on the east side of the property and a 60 feet wide transmission line easement on the north side of the property located directly south of the railroad tracks. The eastern easement has a three-line transmission poles running the entire length of the property,while the northern easement does not have any power poles within it. The eastern easement and power poles run through Outlot B containing a stormwater pond, Outlot C which is dedicated to the City for a park and a portion of the rear yard of Lot 1, Block 4, Greystone 3`d Addition. No other lots are impacted by the utility easements. Planned Unit Development Master Development Plan with Rezoning The subject property is currently zoned AGP: Agricultural Preserve. Agricultural Preserve status expired on August 28, 2010 and the land is eligible for purposes other than agriculture. To approve the plat to accommodate the small lot, single family homes proposed within Greystone 3`d,Ryland has requested zoning of R1 PUD -Low Density Residential Planned Unit Development. The deviations from the R-1 standards requested by Ryland include the allowance of two car garage designs;reduction in the minimum lot size from 10,000 square feet to 8,600 square feet;reduction in the minimum lot width from 80 feet to 60 feet, reduction in the front yard setback from 30 feet to 25 feet;reduction in the side yard setback from 10 feet to 7.5 feet;and the increase of the maximum lot coverage from 30%to 40%. The modified standards proposed by the applicant accommodate the proposed preliminary plat and are acceptable to staff except that the lot coverage increase should be limited only to the lots that would need this increase. Staff proposes the lot coverage standard be 40% for lots smaller than 9,750 square feet, 35% for lots between 9,750 and 11,250 square feet, and the standard 30%lot coverage for all lots 11,250 square feet or larger. 3 Comparison of Lot Requirements and Standards Category Current R-1 Prestwick Place Proposed Greystone Standards Standards Standards Min.Lot Area 10,000 sq.ft.(Interior) 8,500 sq. ft. 8,600 sq. ft. 12,000 sq. ft. (Corner) 10,400 sq. ft. Min.Lot Width 80 ft. (Interior) 65 ft. 60 ft. 95 sq. ft. (Corner) Min.Front Yard Setback 30 ft. 25 ft. 25 ft. Min.Side Yard Setback 10 ft. 7.5 ft. 7.5 ft. Min.Rear Yard Setback 30 ft. 30 ft. 30 ft. Max. Impervious Surface 30% 35% 40% Home Designs Ryland Homes is proposing to build both split level and two story home designs, consistent with that being constructed in the existing Greystone development. Staff is proposing that all front elevation designs for the homes includes one of four design features: • A minimum of 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; • A side entry garage; • No more than 70% lap siding, excluding doors and windows. These same standards are used in both the Greystone and Prestwick Place developments. Preliminary Plat The proposed preliminary plat would subdivide the 32 acre property into 66 single family lots. The plat also includes three oudots. Oudot A (2.30 acres) is located on the west side of the development and is a stormwater pond for the development and adjacent Akron Avenue. Oudot B (3.10 acres) is on the north side of the development and adjacent to the railroad tracks. Most of Outlot B is buffer from the railroad while there is a small stormwater pond in the northeast corner. Oudot C (5.96 acres) is located on the east side of the site and is being dedicated to the City for park purposes and is described in more detail in the Parks and Open Space section below. Removing the outlots, the development will create 66 units on a net of 20.78 aces creating a net density of 3.18 units per acre. Four streets are proposed to serve the development. Addison Avenue will extend from the existing Greystone development running north parallel with Akron Avenue and turning east running parallel with the railroad tracks ending in a stub to serve the future development of the property to the east. Street F runs east from Addison Avenue ending in a stub to serve the future development of the property to the east. Adrian Avenue is constructed on west side of the development to connect the existing Greystone development with Street F. Street G will run north to south connection Addison Avenue with Street F. Ryland has proposed sidewalks on one side of all the streets which will provide two sidewalk connections to the future development of the property to the east. Staff has identified two other pedestrian connections are missing from the proposed development. First, the pond on the south side of Outlot C prevents a pedestrian connection from Street F into the park. Second, there is no connection to the trail system along Akron Avenue.This connection would seem important considering the existing pedestrian crossing of the railroad tracks and the public fields at the Flint Hills Park. Staff has prepared 4 recommendations requiring Ryland grade an Americans with Disabilities Act (ADA) accessible trail corridor within Outlot C and construct an ADA accessible trail within Outlot B to connect the trail along Akron Avenue with the sidewalk along Addison Avenue. Landscape and Berming The City Code requires a minimum number of overstory trees at one (1) tree per interior lot and two (2) per corner lot. A minimum of 76 trees are required to meet this requirement. The City would expect additional landscaping since the development is a PUD and to buffer the adjoining major transportation corridors of Akron Avenue on the west and the railroad to the north. Ryland has proposed 164 overstory or evergreen trees, as well as 35 ornamental trees and 257 shrubs. Every interior lot has one overstory tree and all corner lots have three overstory trees. There are some water tolerant trees and shrubs around the stormwater ponds and some additional overstory trees on the border of the park with the single family lots that back up to the park. There are a mix of overstory and evergreen trees along Akron Avenue and the railroad tracks. To provide additional screening to the railroad tracks, staff has recommended that Ryland install an additional three evergreen trees in the north side yards of the six lots nearest the railroad tracks. Final Plat Ryland has submitted a 19 lot final plat named Greystone 3`d Addition. The final plat includes the construction of Street F and the three intersections with Addison Avenue,Adrian Avenue and Street G. The final plat includes three oudots: Oudot A which has the western stormwater pond, Oudot B which will be dedicated to the City for a park and Oudot C which will be retained by Ryland for the future development of the remaining 47 lots. The final plat is consistent with the preliminary plat and staff recommends approval of the final plat following the Planning commission recommendation of approval of the preliminary plat and PUD. Parks and Open Space The Parks and Recreation Director has reviewed the Greystone 3`d plans and is supportive of the current area identified (Preliminary Plat Outlot C and Final Plat Oudot B) for park use. The north three quarters of the park is graded relatively flat,with the southern quarter,where the pond is located is not usable. The hill between the park and the basin is about 16 feet tall. Staff believes the hill may have some limited recreational benefit, such as an opportunity for a sliding hill in the winter. As proposed, the park can be accessed by pedestrian and vehicles from the north off of Addison Avenue,but there would be no vehicular access from the south and Street F. The Parks and Recreation Director has two concerns regarding the future use of the park: pedestrian access from the south and the limitations from the various easements and stormwater infrastructure. To provide access from the south, a recommended condition requires that Ryland grade an ADA accessible trail corridor along the edge of the infiltration basin. It appears that there is sufficient area to do that on the east side of the basin and within the transmission easement. The trail will be installed by the City when the rest of the park is developed. Regarding the encroachments within park, the Parks Director recommends that Ryland would not get park dedication credit for the transmission line easement or the infiltration basin and associated side slopes. Additionally,Ryland is proposing to install a sanitary sewer line within the park directly to the west of the transmission line easement. Normally, the City would not allow local sewer lines to be constructed within parks,but there is shallow bedrock located directly northwest of the park that would make it financially infeasible to provide the sewer within the Addison Avenue right-of-way. The Parks Director is recommending that the Ryland does not receive park dedication credit due to the limitations on park uses 5 over the sewer line. Engineering Comments The Assistant City Engineer has reviewed the Greystone 3rd plans and has some minor concerns regarding the proposed subdivision that are described in the attached memorandum. Relevant comments that alter the design have been described in the appropriate sections above. Compliance with the City Engineer's memorandum is included as a condition of approval. RECOMMENDATION Staff recommends that the City Council approve the Preliminary Plat, PUD Master Development Plan and Final Plat for Greystone 3rd Addition, the Ordinance rezoning the property, the PUD Amendment, and the Subdivision Agreement. This recommendation is based on the information submitted by the applicant, findings made in this report and the conditions detailed in the attached memorandums. 6 Greystone III Ww { i g#}Fro tcl` q 3,n } e ' 74 „ +a3} i yy �M4 i { x e f #,� t# 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 = 800 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 5/14/2014 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2014 - A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT (PUD) MASTER DEVELOPMENT PLAN WITH REZONING FOR GREYSTONE 3RD ADDITION WHEREAS, the Community Development Department of the City of Rosemount received a request for a Planned Unit Development Master Development Plan with Rezoning from The Ryland Group, Inc. concerning property legally described as: Outlots A,C, and D, GREYSTONE 1"ADDITION, according to the recorded plat thereof,Dakota County,Minnesota. WHEREAS, on June 24, 2014, the Planning Commission of the City of Rosemount held a public hearing and reviewed the PUD Master Development Plan with Rezoning for Greystone 3 Addition;and WHEREAS, on June 24,2014, the Planning Commission recommended approval of the PUD Master Development Plan with Rezoning for Greystone Yd Addition, subject to conditions; and WHEREAS, on July 15, 2014, 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 Planned Unit Development (PUD) Master Development Plan of Bella Vista and the Rezoning from AGP—Agricultural Preserve to R1 PUD—Low Density Residential Planned Unit Development, subject to: 1. Approval of the Comprehensive Plan Amendment by the Metropolitan Council. 2. The front elevation design shall include one of the following elements: 3. Three and a half(3.5) feet of brick or stone wainscoting, excluding doors,windows or the wall behind the front porch; 4. A front porch with railing that extends at least 30% of the width of the front elevation, including the garage; 5. A side entry garage; 6. Or, no more than 70%lap siding, excluding doors and windows. 7. A deviation from City Code Section 11-2-15 F. so that the home designs do not need to include an option for a three garage stall. 8. A deviation from City Code Section 11-4-5 F.1. to reduce the interior lot minimum area of 10,000 to 8,600 square feet and corner lot minimum area from 12, 000 to 10,400 square feet. 9. A deviation from City Code Section 11-4-5 F.2. to reduce the minimum lot width to sixty (60) feet for interior and seventy five (75) feet for corner lots. 10. A deviation from City Code Section 11-4-5 F.4. to reduce the front yard setback to twenty five (25) feet. 11. A deviation from City Code Section 11-4-5 F.5. to reduce the side yard setback to seven and one half(7.5) feet. RESOLUTION 2014- 12. A deviation from City Code Section 11-4-5 F.9. to reduce 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. 13. To provide additional screening from the railroad tracks, three conifers shall be installed in the north setback areas of Preliminary Plat Lots 113, 114, 135 and 136. Three conifers shall be installed in Outlot B directly north of Preliminary Plat Lots 101 and 147. These conifer are in addition to the landscaping shown on the Landscape Plan and shall not be installed in the public right-of-way. 14. Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated July 10th, 2014 15. Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated June 18th, 2014. ADOPTED this 15`h day of July, 2014,by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Clarissa Hadler, City Clerk 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2014 - A RESOLUTION APPROVING THE FINAL PLAT FOR GREYSTONE 3RD ADDITION WHEREAS, the City of Rosemount received a request for Final Plat approval from The Ryland Group, Inc. concerning property legally described as: Outlots A, C, and D, GREYSTONE 1"ADDITION, according to the recorded plat thereof,Dakota County,Minnesota. WHEREAS, on June 24, 2014, the Planning Commission of the City of Rosemount reviewed the Final Plat for Greystone 3`d Addition; and WHEREAS, on June 24, 2014, the Planning Commission recommended approval of the Final Plat for Greystone 3`d Addition, subject to conditions; and WHEREAS, on July 15, 2014, 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 3 d Addition, subject to the following conditions: 1. Approval and execution of a subdivision agreement. 2. Trees installed on individual lots shall be planted in a location that does not interfere with curb stops or individual sewer or water connections. 3. Dedication of Outlot C to the City for park and recreation purposes. The Parks Commission shall provide the City Council a recommendation of how much unencumbered land within Outlot C will be accepted as parkland dedication. 4. Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated July 10th, 2014 5. Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated June 18th, 2014. ADOPTED this 15`h day of July, 2014, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Clarissa Hadler, City Clerk City of Rosemount Ordinance No. B-238 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE GREYSTONE 3""ADDITION THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended to rezone property from AGP — Agricultural Preserve to R-1 PUD — Low Density Residential Planned Unit Development that is located south of Union Pacific Rail Line and east of Akron Avenue within the City of Rosemount legally described as follows: Oudots A, C,and D, GREYSTONE 1"ADDITION,according to the recorded plat thereof,Dakota County,Minnesota. Section 2. The Zoning Map of the City of Rosemount,referred to and described in said Ordinance No. B as that certain map entitled"Zoning Map of the City of Rosemount," shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and all of the notation references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 15`h day of July, 2014. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Clarissa Hadler, City Clerk Published in the Rosemount Town Pages this day of , 2014. DECLARATION OF COVENANTS AND RESTRICTIONS GREYSTONE 3rd MASTER DEVELOPMENT PLAN PLANNED UNIT DEVELOPMENT AGREEMENT THIS DECLARATION made this 15`" day of July, 2014, by The Ryland Group, Inc. , a Maryland corporation(hereinafter referred to as the"Declarant"); WHEREAS, Declarant is the owner of the real property as described on Attachment One, attached hereto and hereby made a part hereof(hereinafter collectively referred to as the "Subject Property"); and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Rosemount (hereinafter referred to as the "City") in connection with the approval of an application for a master development plan planned unit development for a residential development on the Subject Property; and WHEREAS, the City has approved such development on the basis of the determination by the City Council of the City that such development is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the master development plan planned unit development would not have been approved; and 1 WHEREAS, as a condition of approval of the master development plan planned unit development, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the"Declaration"); and WHEREAS, to secure the benefits and advantages of approval of such planned unit development,Declarant desires to subject the Subject Property to the terms hereof. 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,plans and drawings: a. City Resolution No. 2014-xx, Attachment Two b. Preliminary Plat(Sheet 3 of 14; Dated 06/13/2014), Attachments Three C. Preliminary Grading Plans (Sheets 6, 7 and 8 of 14; Dated 05/21/2014), Attachments Four, Five and Six d. Preliminary Utility Plans (Sheets 4 and 5 of 14; Dated 05/21/2014), Attachment Seven and Eight e. Landscape Plan, (Sheet L 1 of 1; Revised 05/14/2014),Attachment Nine f. Greystone 3rd Addition Final Plat(Sheets 1, 2, and 3 of 3), Attachments Ten, Eleven and Twelve all of which attachments are copies of original documents on file with the City and are made a part hereof. 2. Development and maintenance of structures and uses on the Subject Property shall conform to the following standards and requirements: 2 a. Maintenance of the stormwater basin, infiltration basin and associated stormwater infrastructure necessary for the long term operation and function will be performed by the City. All other maintenance including but not limited to garbage collection, or landscape replacement or the like shall be the responsibility of the of the private property owners. All maintenance of the stormwater basin and infiltration basin shall be the responsibility of the City after the basins have been established. b. Maintenance and replacement of trees and landscaping other than that associated with the stormwater basin and infiltration basin described in standard a. shall be the responsibility of the adjoining homeowners' association. C. The front elevation design shall including one of the following features: 1) Three and a half(3.5) feet of brick or stone wainscoting, excluding doors, windows or the wall behind the front porch; 2) A front porch with railing that extends at least 30% of the width of the front elevation, including the garage; 3) A side entry garage; 4) Or no more than 70% lap siding, excluding doors and windows. d. Fences on lots adjacent to Akron Avenue are to be constructed so that landscaping is outside the fence and between the fence and the Akron Avenue right-of- way. 3. The Subject Property may only be developed and used in accordance with Paragraphs 1 and 2 of this Declaration unless the owner first secures approval by the City Council of an amendment to the planned unit development plan or a rezoning to a zoning classification that permits such other development and use. 3 4. In connection with the approval of development of the Subject Property, the following deviations from City Zoning or Subdivision Code provisions were approved: a. 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. b. Section 11-4-5 F. 1. R-1 Minimum Lot Area: Reduce the interior lot minimum area of 10,000 to 8,600 square feet and corner lot minimum area from 12, 000 to 10,400 square feet. C. Section 11-4-5 F. 2 . R-1 Minimum Lot Width: Reduce the minimum lot width to sixty-two (62) feet for interior and seventy seven(77) feet for corner lots. d. Section 11-4-5 F. 4. R-1 Minimum Front Yard Setback: Reduce the front yard setback to twenty five (25) feet. e. Section 11-4-5 F. 5. R-1 Minimum Side Yard Setback: Reduce the side yard setback to seven and one half(7.5) feet. f. 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. In all other respects the use and development of the Subject Property shall conform to the requirements of the Paragraphs 1 and 2 of this Declaration and the City Code of Ordinances. 5. This Declaration of Covenants and Restrictions provides only the Subject Property only master development plan planned unit development approval. Prior to the improvement or development of the Subject Property, beyond the rough grading, a final development plan planned unit development approval pursuant to Zoning Code Section 11-10-6 C. 5. of the Subject Property is 4 required and an addendum filed with County Recorder to this Declaration of Covenants and Restrictions. 6. The obligations and restrictions of this Declaration 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 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. 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 The Ryland Group, Inc. By Michael W. Devoe Its Operational Vice President STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014, by the for and on behalf of a by and on behalf of said Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF ROSEMOUNT 2875 145TH STREET WEST ROSEMOUNT,MN 55068 651-423-4411 5 SUBDIVISION AGREEMENT Greystone 3`d Addition AGREEMENT dated this day of , 2014, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and THE RYL.AND 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 3`d 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.LS., 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. e. Payment of$15,347.36 for the Developer's share of the construction of Akron Avenue, based on a rate of$473.45/acre x 32.416 acres 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 3rd Addition July 1 2014 Page 1 of 11 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, specifications and contract documents, original copies of which are on file with the City Engineer. The plans and contract documents 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 All Improvements, including Developer Improvements and City-Installed Public Infrastructure Improvements (if any) that he within the public right-of-way or easements and are improvements listed in Minnesota Statutes, Section 429.021 (hereinafter Public Improvements) will be designed by the City Engineer at Developer's expense. The City Engineer will prepare plans and specifications for Public Improvements and will perform all construction administration for the Public Improvements, all at Developer expense. Construction administration includes but is not limited to inspection, documentation,as-builts, surveying, field staking, testing and monitoring. 6. . The Developer shall install or cause to be installed and pay for the following,hereinafter referred to as the "Developer Improvements": A. Surveying and staking B. Surface improvements (paved streets, sidewalks, trails, etc.) C. Water main improvements D. Sanitary sewer improvements E. Storm sewer improvements F. Setting of lot and block monuments G. Gas, electric, telephone, and cable lines H. Site grading I. Landscaping J. Streetlights K. 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 that will serve the subject property by December 31, 2014, subject to delays due to inclement weather, casualty, labor strikes, material shortages, or other force majeure not within the Greystone 3`'Addition July/2014 Page 2 of 11 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. City-Installed Public Infrastructure. The following improvements, hereinafter referred to as "City- Installed Public Infrastructure Improvements" (known as City Project 458), 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. None 9. [This Section Intentionally Left Blank] 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 deposit or irrevocable letter of credit from a local bank ("security") in the amount of Nine Hundred Fifty-Six Thousand, One Hundred Sixty Dollars ($956,160). The amount of the security was calculated as follows: Cost 110% Grading&Erosion Control $32,550 $35,805 Pond Restoration and Erosion Control Removal $25,000 $27,500 Su ey Monumentation $9,500 $10,450 Landscaping $13,250 $14,575 Street Lighting 4 lights) $16,000 $17,600 Buffer Monumentation 11 signs) $550 $605 Cost 125% Surface Improvements $296,900 $371,125 Water Main Improvements $115,100 $143,875 Sanitary Sewer Improvements $124,200 $155,250 Storm Sewer Improvements $143,500 $179,375 Total $776,550 $956,160 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 all 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 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 and take such steps as it deems necessary to remedy the default. With City approval, the letter of credit may be reduced from time to time as financial obligations are paid and Developer Improvements and other Developer obligations are 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 Greystone 3rd Addition July 1 2014 Page 3 of 11 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 by the City 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. 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 run. 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 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 Greystone 3rd Addition July/2014 Page 4 of 11 shall become City property without further notice or action unless the improvements are specifically identified herein as private infrastructure. 17. Warranty. 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 or such longer period as is specified in plans and specifications prepared by the City Engineer for Developer Improvements that are Public Improvements. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twenty-four (24) months after planting. Vegetation surrounding ponds and/or wetlands shall be warranted to be alive, of good quality and weed free for thirty-six (36) 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 that 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 remaining estimated City fees of$140,807 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: $10,000 Engineering Review Fees $101,955 Construction Monitoring Fees (15%) ($20,000) Design Fees Paid 7/1/14 $3,000 Attorney Fees $33,985 5% City Fees (based on engineer's estimate of$679,700) $1,152 Street Light Energy Cost $1,140 GIS Fees $400 Fog Sealing $9,175 Seal Coating $140,807 Total Amount Due 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. If actual City fees are lower than this estimate, any surplus funds will be returned to the developer when the project fund is reconciled and closed. 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 Greystone 3`'Addition July/2014 Page 5 of 11 may halt development work and construction including, but not limited to, the issuance of building permits for lots that 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%) 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 will pay the cost of fog sealing the trails within the development at a cost of $0.20/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$35,700 (2.50 acres to be dedicated; 0.42 acres to be paid in cash,per Exhibit B) B. Storm Sewer Trunk Area Charges in the amount of$52,174 C. Sanitary Sewer Trunk Area Charges in the amount of$9,998 D. Watermain Trunk Area Charges in the amount of$60,450 E. Akron Avenue assessment in the amount of$15,347.36 ($473.45 x 32.416 acres) 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 fees, charges and assessments in effect at the time of issuance of building permits. 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 $2,485). 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. 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. Greystone 3rd Addition July/2014 Page 6 of 11 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, draw on the letter of credit or other security described in section 10, or 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. 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. Greystone 3`d Addition July/2014 Page 7 of 11 G. This Agreement shall run with the land and may be recorded against the title to the subject 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. 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 Greystone 3rd Addition July/2014 Page 8 of 11 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: William H.Droste, Mayor BY: Clarissa Hadler, City Clerk STATE OF MINNESOTA SS COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of ,2014, by William H. Droste, Mayor, and Clarissa Hadler, 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 DEVELOPER NAME BY: Its BY: Its STATE OF MINNESOTA SS COUNTY OF The foregoing instrument was acknowledged before me this day of 12014 by , its , and , its of The Ryland Group,Inc.,a Maryland corporation, on behalf of said corporation. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount,MN 55068 Greystone 3`d Addition July/2014 Page 9 of 11 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 Equipment—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 3rd Addition July 1 2014 Page 10 of 11 Greystone 3rd EXHIBIT B (Page 1 of 2) Letter of Credit for Developer Improvements(due with signed agreement) No. Item Cost 110% Calculation 1 Grading and Erosion Control $ 32,550 $ 35,805 $3500/acre x 9.30 acres 2 Pond Restoration and Erosion Control Removal $ 25,000 $ 27,500 Minimum$25,000 3 Surve y Monumentation $ 9,500 $ 10,450 $500/lot x 19 lots 4 Retaining Wall $ - $ - N/A 5 Landscaping $ 13,250 $ 14,575 Per City Planner 6 Street Lights $ 16,000 $ 17,600 4 lights x$4000/light 7 Buffer Monumentation $ 550 $ 605 11 signs x$50/sign 8 Surface Improvements $ 296,900 $ 371,125 125% 9 Water Main Improvements $ 115,100 $ 143,875 125% 10 Sanitary Sewer Improvements $ 124,200 $ 155,250 125% 11 Storm Sewer Improvements $ 143,500 1 $ 179,375 125% Totall $ 776,550 1 $ 956,160 City Fees(due with signed agreement) No. Item Cost Calculation Estimated Construction Cost $ 679,700 City Engineer Estimation 1 Engineering Review Fees $ 10,000 City Engineer Estimation 2 Construction Monitoring Fees $ 101,955 15%of Estimated Construction Cost Design Fees Paid by Developer $ (20,000) Paid 07/01/14 3 Attorney Fees $ 3,000 Estimate 4 5%City Administrative Fees $ 33,985 5%of Estimated Construction Cost 5 Street Light Energy Cost $ 1,152 4 lights x 24 months x$12/month 6 GIS Fees $ 1,140 $60/unit x 19 units,or$120/acre 7 Trail Fog Seal $ 400 $0.20/SF x 2000 SF 8 Seal Coating $ 9,175 $1.70/SY x 5397 SY(53%of total ROW) Totall $ 140,807 Note: Developer paid$20,000 to the City on 7/1/14 for Engineering Design Fees. Development Fees(due before signed plat is released) No. Item Cost Calculation 1 Storm Sewer Trunk Charge $ 52,174 $6865/net developable acre x 7.6 acres 2 Sanitary Sewer Trunk Charge $ 9,998 $1075/acre x 9.3 acres 3 Water Trunk Charge $ 60,450 $6500/acre x 9.3 acres 4 Stormwater Pondin Fee $ - N/A Total $ 122,622 Development Fees(due with signed agreement) No. Item Cost Calculation 1 Park Dedication $ 35,700 2'50 acres to be dedicated and 0.42 acres to be paid in cash to cover the total 2.92 acre reqirement for the 73 lots in Greystone Total $ 35,700 1st-3rd. Note: The 2.5 acre credit is calcualted as follows: 5.96 acres(Outlot B)-2.631 acres(power lines,basin,slope)-0.828 acres(sanitary sewer easement)=2.50 acres \\ROSEMOUNI'FILE1\Data\PWorks\ENGPROJ\458\Subdivisionagreement Caks-458 Greystone 3rd EXHIBIT B (Page 2 of 2) Totals Block Lots Units Block Lot Units SQ FT Acres 1 2 2 1 1 1 13689 0.31 2 4 4 1 2 1 13376 0.31 3 12 12 2 1 1 12537 0.29 4 1 1 2 2 1 9616 0.22 2 3 1 8680 0.20 2 4 1 1 8680 0.20 Total 19 19 3 1 1 8874 0.20 3 2 1 10455 0.24 Total Plat Area= 32.42 acres 3 3 1 12880 0.30 Total Park Area 5.96 acres 3 4 1 12642 0.29 Future Plat Area= 17.16 acres 3 5 1 10632 0.24 Developable Area= 9.30 acres* 3 6 1 11035 0.25 Pending to HWL= 1.69 acres 3 7 1 9225 0.21 Net Developable Area= 7.60 acres 3 8 1 8680 0.20 3 9 1 8680 0.20 *Excludes future plat and park areas 3 10 1 8680 0.20 3 11 1 8680 0.20 3 12 1 12492 0.29 4 1 1 15179 0.35 ROW 91653 2.10 OUTLOT A 108630 2.49 OUTLOT B 259567 5.96 OUTLOT C 747475 17.16 Total Boundary 1412037.00 32.42 seal coat calc 48,576.1 sq.yd. 5,397.3 \\ROSEMOUNTFILEI\Data\PWorks\ENGPROJ\458\Subdivisionagreement Calcs-458 ATTACHMENT ONE Greystone 3rd Addition Final Plat Greystone 3`'Addition July/2014 Page 11 of 11 rvw A a r r v AN. Rol too • PAIF, OF �m � �. ;• 1._ ■� I r/It a;� Imo\ ��• rte= rra rsr fir, r� rs �Rm- � �� �' •� —_<_ " L�I� ilk :... ,� �= to ,►_ � �''° � �, A �IIIIC ON LM C- ----GUT LOT B \SCR` /'\a °X EAR i ry .'147 , OR `l rbzr r62-r rb� le°mt / r ° II 1 46 I 1 11 45111 44 111 43I .1I SITE I I'/2:�✓` �yr gr, � `�135'n4,.���la:°.I �� ��L°:J I I c it 114 134°°°° ✓;p�db, L ---A- — C o < /138�'�s%��o�si I-es Jrsi-1 ' yaw ly---5`�- -{ SECTION 22, rwF.t(s. RGE.19 ,sMS.l�1391f 11 II LOCA TON`MAP a ( _ ,''i ,„ m`I✓,a715 j A C 133 �nM 140i11411;I421 i', snrv° veer 1 y ,,•' v C v,n�;� GT N� - �'�' L-aa_JL��JS=J 1� TOTAL GROSS AREA 32.4158 ACRES I'..... TOTAL LOT AREA 15.4724 ACRES q y C 111 \_' a118 <P130'��a; NUMBER a LOTS 6s y , � „- _i �,\ [Gn -110, �? = 119^ pD 129a 80"^ I uacESr LOT 18,595 so,IT Iz 't '.f m�.1104��G• ,,,:, �� „ v _ � C 1 sMAUasr LOT e.aeo w.IT ' [i DTs \-�='105 Im109 Cp.,,•126� \,128 •'� 8 A9ERAGE LOT 1.,212 so.ET. '` ,x_,,� OUTLOT C I"< NUMBER DE DunaTS s {� E nr _ -toa�T1 121x\ 1279°°+•'°114 95D c I ` TOTAL OLUOT AREA 11.5)92 ACRES �C L—T J L__I�__J I ———————l TOTAL RI(i1T OF WAY AREA 5.38{2 ACRES O �_.__ vvi.`[m Z s T r++1_Z_F_ ° yr I CROSS CENSTY(EXCUDES Wn05J 3.1) LOTS/ACRE z NET DENSITY(EXCLUDES OUTLOTS h R/W) 4.27 LOTS/ACRE i I OUTLOT A i^ Ae,°l a7 ,°°°"\123 "�1256 L -T- 2ON.G AGp �""1 Iry ,+,,`�,• 1 U1N)llES AVAUBIE I °U�� ��n ��� �"124,,,a„��.ai r-aT-I rszr �,J✓� j _ I y b 3z�_ ) 1 /_ 119 IP_ 1•_ 1 I 85 `E /^2 � ��/ /$1TV,.r �)i 2•'iie3 4°arI Z ��� °i�j%°?,� / *L__L°__J L_e_1BJ LESJ L�J x P1\ IY3 Oot1<t,A,C.ontl D,GREYSTONE IST ADDIRON,according to tSe record 0 plat th,-.Dakota County,Mmn,zote. Y p n�5'aaaa) Ira; STREET F . 4 s ° :• I � „°° r92 m J r ,inm.za�)i'5 i/r ss�a.-�Ir°,-Irbzrra��ra-zrrs9-� I II II I Iss w � n// 8 9 1110 1d LI' :_� 52 v I, )r r) y)np>s,r 1 °II 9II %I1 911 %II / ej y+ - °i DRAINAGE AND UTILITY 171 O�_= I=// // /) )as.r I1 ecaw� °e,o.n —a I sewn nz.°ar7 4Y 1 I EASEMENTS ARE SHOWN THUS: __L LfizJ�93J L3J L3JL__J QQ L__.__i _J °� 1 C - u_ - ISr�,G •i 5...._ ._�vt. .SV�.i i ivy. I .[ L__ __-_____-_ --J [ I awl I.... ”°°:5otn.rwn cared.on T'1101ee1''n� 11 dpi 19 4 a 'e o don re of z �� I unlee ize inacoted te platlin q l I PISNEER,ne rg lea RYLAND HOMES GREYSTONE II PRELIMINARY PLAT ANA I.—, U oavR 3 p 14 „Ro GREYSTONE 3RD ADDITION NNDW ALL PERSONS BY THESE PRESENTS mat The Ryand Group,Inc.,a kbrylwd cwpo,alkn and Minnow land.U.C.a Mmneaota STATE OF MINNESOTA Ikniled IlobilltY company,.o.nan.of Me bllo.ing avacMad DnpMy. COUNTY OF Out—A.C.and D.—TONE 1ST ADOITON.—blhq io the recorded plat th—f.Dakolo C—y.Minnesota. Thee b,lb ml sae ocknorledged befw•me on by peter I NarkmBan. H.caueed the ram.to M eereeyetl and platted m GREYSTONE—ADDITION and do•v—by dedkate to the WMIC br public uee the public nave wd Me-lhage and.tally w•--0,ee created by tole p- 1..itn•w—lof eeid TM RNand Group,Inc.,a Marywd cwparatPm,has toured there pneenl•to be signed by iL Proper NDlory Public. officer this_,dby of 20_ My Commission E.pirea The Ryand Croup.Inc.,a—H-al corporation CITY COUNCIL,Rosemount,Whirmeoto Thu plot a•approved by M•City Council of Rosemount,Mlh—ta,/his_dny of 20_,wd hereby certif—campli—.iM all r inmeete be xt forth n Minn—Statute,Section 505.03.Subd.2. a STATE OF MINNESOTA COUNTY OF ey By uayw a.rk Thl.ketrument raa—no.I.N.d before m•an by ae COUNTY SURVEYOR,Dakota County,1,11--to W The Ryond Greep.Inc..a Movymd cwpwalbn.on behalf of the compwy. I hereby—Ify th.t k wcordancs.iM Mmneeola Stabtvs Sactiw 505.021.Subd.11.Nis plat hoe been reNered and app—d Mb_day of ,20_. By. Todtl B.T011ebw Natwy Publk, Dakota County Surveyor DAKOTA COUNTY BOARD OF COMMISSIONERS My Comme•ian E.pirn We do hereby—Iffy toot w the_day of 20_,the Bowd of Commlenonen of Dakota County, Minnnotu approved this pbt W GREYSTONE 3RD ADDITIXI.and.old p-is In complbnce rich the p,—loh.of Mnn•eola n rH—Mereef wk Minnow land,LLC,o Minneeela honed liability company,has touted three present.to be.Ianed by Ile Statulee.Section 505.03.Subd.2 antl pureuonl to Me Dakota County CantlWOUe Pbt Drdinanc.. prober o/pc•r Miv_day al ,20_ BY AHeeb Minnow Land,LLC,a Minh.limited liability..p.y Chair,County Boyd Cwnly Treerurer—Auditor STATE OF MINNESOTA % COUNTY OF DEPARTMENT OF PROPERTY TAXATION AND RECORDS The kalmmeet nos acknowledged bvlon me on py ap Pursuant to Mnnevoto Stolutee,Svctian 505.021,Subd B.teeee payable k,Ue year 20_an the land henlnb•fare d....tbed of Mknovo Loud,LLC.a Mkn...t.1-teal liability company,w bbhof of Me company. hove been oak.Alee,p—brit to Min.—St-tl Sectbn 272.12.then an no dellnauent la.es and hanvlw--d this day of ,20_. By Dkectw Oeportmenl of P, .Ity Toxotlw and Records Notary PuDlk. My C.hhm,ipn E.pir•e COUNTY RECORDER,County of Dakota.State of Minnesota I herby certify that this plat of GREYSTONE 3RD ADDmON.av Ttled in the off v of the County R...Mer br public record on ihi. SURVEYOR'S CERTIFICATE day of , 20_,at_P'doak_.M.mtl.ee duly filed in Book of Pl.tN I Petw J..—In—do hereby—Hy that the 01.1 wee pr•pwe0 by me w antler my direct vupeMabn;Mot 1 am o duly Page_ae Document No. lken.ed Land Sumyw k Me State of Minnesota;that Ind plat b o coma npr•renlatbn of the boundwy wmy,that all matn.mmka data ana Ib—ors correctly MWW.-an tole plal:Blot all monuments depleted on tree pmt now been.w.bl b. 9y c 11,eel•Rhin one ysm, at all.—baundwlee ana—t 1and..ee 0•Med k Mkneeota Slat.1-Sector 505.01. bd.3, a—b.County 11—der as of the date of the certifat•ore Morn and I—a on Mie plat;and all Dublk rays an h..h and I—ea on thl.Mat. Dated Miv_day of 20_ Peter"Hawkinson.Lkensed Land Surveyor Minn—t,U.—No,42299 PI*NEER,enlgin miv,P.& SHEET 1 OF 3 SHEETS ------------------------- ---� ---- aKRC.N CO. RD. 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UNSUITABLMARIAL \ RON YLECi REMOVE ALL NON-GRANULAR om s o, BACKFlLL MTERIAL SOLE UNDER STREETS AND UNDISTURBED SOL SIDEWALKS �uNplsTUgBED SOIL —MO--�—lo' SUBGRADE 2'�;"� m'm r " MI" CORRECTION (TYPICAL SECTION NOT To SCALE) PISNEERe, i-eting GRADING DETAILS nunaa ueleiaaera GREYSTONE II 11 14 ssra4 ROSEMOUNT PUBLIC WORKS MEMORANDUM DATE: July 10, 2014 TO: Eric Zweber, Senior Planner CC: Kim Lindquist, Community Development Director Andrew Brotzler, Director of Public Works/City Engineer Dan Schultz, Parks and Recreation Director Christine Watson, Public Works Coordinator Amy Roudebush, Planning and Personnel Secretary • FROM: Phil Olson, Assistant City Engineer RE: Greystone 3rd Addition Engineering Review SUBMITTAL: Prepared by Pioneer Engineering, the Greystone Preliminary Plat was dated and received on May 27, 2014. Engineering review comments were generated from the following documents included in the submittal: • Greystone III Preliminary Plat, dated May 21,2014,includes the following: • Cover Sheet • Existing Conditions • Preliminary Plat • Preliminary Site and Utility Plan (2 sheets) • Preliminary Grading (3 sheets) • Preliminary Erosion Control and Details (4 sheets) • Street Profiles (2 sheets) • Landscape Plan • Greystone 3`d Addition Final Plat (4 sheets) • Easement Vacation Sketch • Proposed Hydrology Map, dated May 21, 2014 • Impervious Calculations, dated June 12, 2014 • Storm Water Management Plan, dated May 21, 2014 • Preliminary Geotechnical Exploration Program, dated April 29, 2014 DEVELOPMENT FEES: 1. Development fees are due with the final plat and subdivision agreement. Below are fees due with the final plat and subdivision agreement of Greystone 3`d Addition. These fees are estimated based on the 2014 Fee Resolution. • GIS Fees: $60/unit* 19 units = $1,140 • Sanitary Sewer Trunk Charge: $1075/acre * 9.3 acres = $9,998 • Watermain Trunk Charge: $6500/acre * 9.3 acres = $60,450 • Storm Sewer Trunk Charge: $6865/acre * 7.6 acres = $52,174 2. The developer shall be responsible for costs associated with upgrading Akron Avenue. The improvement cost is $473.45/acre. Based on this rate, the total cost for Greystone 3`d Addition and Outlots A through C is $15,347.36. SITE PLAN COMMENTS: 3. The soil boring show organic material and clay throughout the site. This material is required be removed from the street section during mass grading. Granular material should only be located within the street section. 4. Phase 1 is shown to include Blocks 1 —4. Additional improvements located outside of this area are required with Phase 1 for the site to function as proposed. These improvements include: a) Storm sewer located in the rear yards of Block 1 b) Basin 7P and the storm sewer located on the north side of Block 2. c) Basin 4P and Basin 7P shall be naturally vegetated 5. A trail connection from Akron Avenue to Addison Avenue (through Preliminary Plat Oudot B) is required. The trail is required to meet ADA requirements and be fully constructed with the development and funded by the developer. 6. A trail connection from Street F to the park should be added along the east side of Basin 7P. The trail is required to be graded with the site grading but the trail will be paved by the City at a later date. The trail connection should meet ADA requirements. 7. Additional streetlights are required in the following locations (maximum distance of 350'). Streetlights should be placed on alternating sides of the road. • Street F: Approximately Station 6+00. • Addison Avenue: Approximately Station 15+00 and 23+00. • Street G:Approximately Station 6+50, shift streetlight from 4+25 to 3+50 S. Grading within the Xcel Energy power line easement is proposed. Any costs associated with the adjustment of the power line and/or poles are the responsibility of the developer. A permit is required between the developer and Xcel Energy for all work within the easement area. 9. Sanitary sewer is proposed through the east side of the park near the power line easement. At the request of the adjacent property owner to the east, the sanitary sewer should be extended into the park at maximum depth to ensure that development to the east can be developed from north to south. Development plans to the east should be reviewed prior to future extension of the deep sewer line. The sewer line could then be raised if development plans to the east change. 10. The sanitary sewer pipe should be located as close to the Xcel Energy transmission line as possible and still allow for open cut installation. A permit will be required with Xcel Energy for work within their easement and the exact location of the sewer line will need to be determined after discussions with Xcel Energy. 11. The plan should show the type of natural seeding proposed within the ponding and infiltration areas. STORMWATER MANAGEMENT PLAN: 12. The normal water level elevation should be included on the grading plans. 13. Basin 9P, located in Preliminary Plat Oudot B in the northeast corner of the site, does not appear to meet the city's water quality requirements for NURP design since the average depth of the pond is less than 4 feet. The deep portion of the pond should be widened to provide for an average depth of at least 4 feet. 14. The developer is required to obtain a grading permit for the mass grading. The developer will be required to forward a copy of a NPDES Construction Stormwater Permit prior to approval of the grading permit. 15. A small forebay is required on the west side of Pond 7P,located on the south side of the park where the flared end enters the pond. The forebay is required to be added to the grading plan. 16. An emergency overflow route should be added at the low point of Addison Avenue south of Lot 143. 17. Infiltration testing is required to be performed at the time of grading to verify the design infiltration rates. This information shall be submitted to the City for review. EASEMENT COMMENTS: 18. Outlot A and B shall be owned by the association. Drainage and utility easements shall be extended over both outlots to provide City with access to the ponds and storm sewer outlets for maintenance. 19. A drainage and utility easement is required for the sanitary sewer through the park. The drainage and utility easement should be centered on the pipe and be 70 feet wide. 20. Conservation easements are required over all stormwater ponds,infiltration basins,wetlands, and buffers. Several property lines extend into ponding areas. These areas are also required to be covered by conservation easements. Signage for conservation easements shall be provided by the developer and an extended 5 year maintenance warranty shall be required to ensure establishment of the naturally vegetated areas. Costs associated with the establishment of the naturally vegetated areas and the 5 year maintenance period shall be a cost of the development. 21. 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: • Block 2: Lot 1 through Lot 4 • Block 3: Lot 4 through Lot 9 22. Trees should not be located over storm sewer pipes or within emergency overflow routes or overland flow routes. Additionally, trees located on individual properties should not be planted near the sanitary sewer and water service lines. These trees should be positioned a minimum of 15 feet from the service lines. 23. The width of drainage and utility easements over all public utilities shall be verified during final design. Should you have any questions or comments regarding the items listed above,please contact me at 651-322-2015. 4ROSEMOUNT PARKS AND RECREATION M E M O R A N D U M To: Kim Lindquist, Community Development Director Eric Zweber, Senior Planner Jason Lindahl, Planner Andy Brotzler, Public Works Director/City Engineer Phil Olson, Assistant City Engineer From: Dan Schultz, Parks and Recreation Director Date: June 18, 2014 Subject: Greystone 3rd Addition Preliminary Plat Staff is recommending that we collect a combination of land and cash in lieu of land to satisfy the parks dedication requirements for 66 units in the Greystone 3`d Addition Preliminary Plat. As you may recall, the recommendation for the original 54 units in the Greystone 1" and 2nd Additions plats were that they be approved without land dedication or payment of park dedication fees with an agreement that the park dedication for the 1"and 2nd Additions be fulfilled within the Std Addition. This would allow the City to combine the original park dedication requirements for the first 54 units with the future requirements, to build a park that is the sized to appropriately meet the needs of the development. Based on the land dedication for the earlier plats (54 units) and the current plat (66 units), the land dedication requirement is 4.80 acres of land (120 units x .04 acres per unit). Staff is recommending the City accept Oudot C which is 6.01 acres and consider 3.37 acres of currently unencumbered land dedication credit. Within the Greystone 3rd Addition Preliminary Plat, a new sanitary sewer line is proposed within the parkland directly west of the Xcel transmission line easement. The developer will not receive land dedication credit for the sanitary sewer line construction limits in the park area. The developer will also not receive land dedication credit for 2.64 acres of land due to an overhead power line easement and infiltration ponding. The remainder of the parks dedication will be paid as cash in-lieu of land. Staff does recommend that the developer adjust the grading plan to allow for a trail to benched in on the south side of the park area near the infiltration pond. Staff has also reviewed the placement of the sidewalks in the preliminary plat and feels they will meet the needs of the neighborhood. The Parks and Recreation Commission will be reviewing this preliminary plat at their meeting on Monday,June 23, 2014. EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING JUNE 24, 2014 5.a. Request by Greystone PP, PUD with rezoning and FP— Request by Ryland Homes for a Preliminary Plat(14-37-PP), Planned Unit Development Master Development Plan with Rezoning (14-36-PUD) and Final Plat(14-38-FP)to Develop a 66 Lot Subdivision named Greystone 3rd Addition. Senior Planner Zweber provided a summary of the staff report in which Ryland Homes requests approval of a Preliminary Plat (PP),Planned Unit Development (PUD) Master Development Plan with Rezoning and Final Plat (FP) for the Greystone 3`d Addition to allow 66 lots on approximately 32 acres. Zweber explained that while the City Council approved the Comprehensive Plan Amendment in May of 2014 to make the change from medium density residential to low density residential in the area to be Greystone 3`d, and was then submitted to Metropolitan Council. The map will not be changed until Metropolitan Council has approved that land use. Approval is expected to happen on August 11`h, 2014. While Ryland proposed sidewalks on one side of all streets, and a trail on east side of Akron Avenue the City has requested additions for pedestrian access. One is to grade a bench on east side of infiltration basin for the purpose of adding a trail to connect the park to Street F. The other is to re- grade and add a trail to provide a northern pedestrian access which would lead to a regulated railroad crossing that would lead to Flint Hills Park, at the intersection of Akron Avenue and Bonaire Path. The landscaping plan submitted exceeds requirements with extra trees and landscaping above requirements with the exception of the six lots closest to the railroad tracks. Thus the City has requested adding conifer trees to buffer those lots nearest the railroad tracks. Zweber noted that any changes to the preliminary plat would then require the final plat conditions be changed to provide consistency between the two plats. Commissioner Husain inquired as to the distance from this development to the soccer fields, and what lies between the development and the park. Zweber informed the Commission that the Flint Hills Park is approximately one eighth of a mile from the homes in Greystone 3 Addition and that there currently is a farm, owned by the same land company,located between the two. Commissioner Husain also asked about the transmission lines and the proximity to potential homes. Zweber pointed out that the lot closest to the transmission lines (labeled Lot 1 on the color depiction) has been intentionally designed larger with a depth of 185 feet. The transmission line is located in the back 60 feet of the lot providing a 125 foot distance from the lines to the front of the lot. The transmission pole is located in the area of the infiltration basin 40 feet north of Lot 1. This is consistent with the current Greystone development. The remainder of the lots within the development have a greater distance from transmission lines,with the next closest lot located on the northern border which is buffered from those lines with a portion of the oudot. Commissioner Forster asked about the landscape plan requirements in regards to the of size of trees Zweber shared that requirements for deciduous trees is 2.5 inches in diameter, and conifers are required to be 6 feet in height. Zweber noted that in some areas landscaping includes smaller ornamental trees located near stormwater ponds and along railroad lines, and that those may be smaller. Chairperson Miller asked if the applicant would like to address the Commission. Mark Sonstegard,Vice-President of Land Development from Ryland Homes,located at 7599 Anagram Drive, Eden Prairie, MN addressed the Commission. Sonstegard explained in Greystone I (made up of Greystone 15`Addition and Greystone 2nd Addition) 41 homes have been sold and of those 26 have closed. Ryland averages two homes sales a month and are anticipating that to continue into the next phase. Ryland anticipates grading the entire Greystone III site this year and begin development on the south side with the Greystone 3 Addition. This is important since at the current sales rate, Ryland could be out of lots this fall. Sonstegard also mentioned the current Homeowners Association (HOA) documents will smoothly transition from Greystone I to include Greystone III encompassing the whole area with one HOA. Home plans are the same as Phase I including one rambler, two two-story plans and six split-level plans. Pricing will also be similar, starting home prices of$250,000 to $320,000 with upgrades in the area of$10,000 to $40,000. Commissioner Husain asked for clarification between the label"Greystone II" and Greystone 3 Sonstegard explained that Ryland's term"Greystone II" refers to Phase II which the City calls Greystone III will include the Greystone 3`d Addition as well as the future they plat Greystone 4`'' Addition. The current Greystone I includes the plats Greystone 1"Addition and Greystone 2"d Addition. Commissioner Miller inquired as to the interest by staff of pedestrian management within the development and asked Sonstegard about pedestrian movement. Mr. Sonstegard replied that Ryland is happy to add the trail connections requested by staff Commissioner Miller also inquired as to the buffering for the railroad track to the neighborhood. Sonstegard said to address this issue Ryland purposefully changed the orientation of the lots as a method to buffer the neighborhood from the railroad. Buffering has been limited in part due to the NSP easement. There will be a small berm (three to four feet tall) on which shrubs and ornamentals will be planted in accordance with the easement. Ryland has along with changing the orientation of the homes,will also upgrade windows on those homes closest to the tracks that are STC rated. Railroad information will be in Ryland offices to inform potential buyers of the trains, allowing for informed decisions to be made. Commissioner Miller asked about mitigation and the easement status. Sonstegard stated NSP not willing to give up easement; they however,willing to work with developers with landscaping, looping streets, and potentially with trails. Commissioner Forster inquired as to any requirements for structures in regards to railroad tracks. Sonstegard said there are no requirements, and that Lot 19 is closest to the railroad and the distance was based off setbacks from the NSP easement. Commissioner Miller asked if there would be allowances or restrictions in the HOA that would preclude those homeowners nearest the tracks to install higher fences on those lots. Sonstegard said there are no restrictions in current covenants, but any plans would still need to go through architectural review. The public hearing was opened at 7:12 p.m. Mavis Gerber, resident at 14089 Addison Court, Rosemount MN Ms. Gerber expressed her concern with road access to the Greystone development. Ms. Gerber is concerned with the safety of children and emergency access with limited access to the growing area. Ms. Gerber's other concern is the heavy traffic largely due to construction adding to wear and tear on the roadway. Would this cause replacement to occur prematurely and what are potential assessments repercussions. Assistant City Engineer Olson addressed the Commission and responded to the questions regarding access to Greystone. The Plat Commission at the County determined another access could not be added onto Akron Avenue, and since another access would be unsafe due to the railroad tracks. Another access is to be added in future phases of development one on the east side with access onto Bonaire Path and another potential access south onto Connemara. Olson also advised the Commission that the roadway is designed to handle the current traffic and construction truck loading and are built to last. The developer is required to provide a two year warranty on the roadway. During this period and any damage or scarring would be repaired by the developer. Scheduled projects to repair streets would occur in some twenty years at which time assessments would apply to residents in the area. Commissioner Forester asked if Addison Avenue would potentially connect to Bonaire and what about Street F? Zweber explained that development to the east of Greystone would occur from north to south, allowing for the connection to Bonaire Path with a minor collector running parallel to Akron Avenue eventually south to the Connemara Avenue. Addison Avenue and Street F would then feed into local streets or this collector. MOTION by Husain to close the public hearing. Second by Kurle Ayes: 4. Nays: 0. Motion approved. Public hearing was closed at 7:23 p.m. MOTION by Forster to recommend that the City Council approve the Preliminary Plat for Greystone III, subject to the following conditions: a. Approval of the Comprehensive Plan Amendment by the Metropolitan Council. b. Approval of a Major Planned Unit Development rezoning the subject property and designating minimum lot requirements and setbacks. c. Dedication of Oudot C to the City for park and recreation purposes. The Parks Commission shall provide the City Council a recommendation of how much unencumbered land within Outlot C will be accepted as parkland dedication. d. Within Oudot B, construct an eight (8) feet wide trail that connects the trail along Akron Avenue with the sidewalk along Addison Avenue. The trail shall be constructed to ADA standards and Ryland shall dedicate a 15 feet wide trail easement to the City. e. Within Outlot C,grade a trail corridor from Street F to Addison Avenue that meets ADA standards. f. Conformance with all requirements of the city Engineer as detailed in the attached memorandum dated June 18th, 2013. g. Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated June 18th,2013. Second by Husain. Ayes: 4. Nays: 0. Motion approved. MOTION by Kurle to recommend that the City Council approve the Planned Unit Development Master Development Plan with the Rezoning of the property from AGP— Agricultural Preserve to R1 PUD —Low Density Residential Planned Unit Development, subject to the following conditions: a. Approval of the Comprehensive Plan Amendment by the Metropolitan Council. b. The front elevation design shall include one of the following elements: i. Three and a half(3.5) feet of brick or stone wainscoting, excluding doors, windows or the wall behind the front porch; ii. A front porch with railing that extends at least 30% of the width of the front elevation,including the garage; iii. A side entry garage; iv. Or, no more than 70%lap siding, excluding doors and windows. c. A deviation from City Code Section 11-2-15 F. so that the home designs do not need to include an option for a three garage stall. d. A deviation from City Code Section 11-4-5 F.1 to reduce the interior lot minimum area of 10,000 to 8,600 square feet and corner lot minimum area from 12,000 to 10,400 square feet. e. A deviation from City Code Section 11-4-5 F.2. to reduce the minimum lot width to sixty (60) feet for interior and seventy five (75) feet for corner lots. f. A deviation from City Code Section 11-4-5 F.4. to reduce the front yard setback to twenty five (25) feet. g. A deviation from City Code Section 11-4-5 F.9. to reduce 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. h. A deviation from City Code Section 11-4-5 F.9. to reduce 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 9,860 square feet and 11,250 square feet. i. To provide additional screening from the railroad tracks, three conifers shall be installed in the north setback areas of Preliminary Plat Lots 113, 114, 135, and 136. Three conifers shall be installed in Oudot B directly north of Preliminary Plat Lots 101 and 147. These conifer are in addition to the landscaping shown on the Landscape Plan and shall not be installed in the public right-of-way. j. Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated June 18th, 2013. k. Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated June 18th, 2013. Second by Forster. Ayes: 4. Nays: 0. Motion approved. MOTION by Husain to recommend that the City Council approve the Final Plat for Greystone III, subject to following conditions: a. Approval and execution of a subdivision agreement. b. Trees installed on individual lots shall be planted in a location that does not interfere with curb stops or individual sewer or water connections. c. Fences on lots adjacent to Akron Avenue (Preliminary Plat Lots 101 and 102) shall be constructed so that proposed landscaping is visible to the public, outside the fence and between the fence and Akron Avenue right-of-way. d. Dedication of Outlot C to the City for park and recreation purposes. The Parks Commission shall provide the City Council a recommendation of how much unencumbered land within Oudot C will be accepted as parkland dedication. e. Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated June 18, 2013. f. Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated June 18`h 2013. Second by Kurle. Ayes: 4. Nays: 0. Motion approved.