HomeMy WebLinkAbout6.k. Case 14-63-FP Request by Ryland Homes for a Final Plat to Develop a 47 Lot Subdivision named Greystone 4th AdditionCITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015 -
A RESOLUTION APPROVING THE FINAL PLAT
FOR GREYSTONE 4th ADDITION
WHEREAS, the City of Rosemount received a request for Final Plat approval from The Ryland
Group, Inc. concerning property legally described as:
Outlot C, GREYSTONE 3rd ADDITION, according to the recorded plat thereof,
Dakota County, Minnesota.
WHEREAS, on January 27, 2015, the Planning Commission of the City of Rosemount reviewed
the Final Plat for Greystone 4th Addition; and
WHEREAS, on January 27, 2015, the Planning Commission recommended approval of the Final
Plat for Greystone 4th Addition, subject to conditions; and
WHEREAS, on March 3, 2015, 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 4th Addition, subject to the following conditions:
a. The City Council finds that the Greystone 4th Final Plat is consistent with the
Greystone II Preliminary Plat approved on July 15, 2014.
b. Approval and execution of a subdivision agreement.
c. Trees installed on individual lots shall be planted in a location that does not
interfere with curb stops or individual sewer or water connections.
d. Fences on lots adjacent to Akron Avenue (Lots 1 and 2, Block 1) shall be
constructed so that proposed landscaping is visible to the public, outside the
fence and between the fence and the Akron Avenue right-of-way.
e. Dedication of Outlot B, Greystone 3rd Addition to the City for park and
recreation purposes.
f. The east-west aligned portion of Addison Avenue shall be renamed to 138th
Street East.
g. Trail within Outlot A shall be extended to the intersection of Adelle Avenue and
138th St E.
h. Conformance with all requirements of the City Engineer as detailed in the
attached memorandum dated January 20, 2015.
i. Conformance with all requirements of the Parks and Recreation Director as
detailed in the attached memorandum dated January 22, 2015.
ADOPTED this 3rd day of March, 2015, by the City Council of the City of Rosemount.
RESOLUTION 2015-
2
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk
SUBDIVISION AGREEMENT
Greystone 4th Addition
AGREEMENT dated this ________ day of ________________________, 2015, 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 4th 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
amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication
requirements enacted after the date of this Agreement.
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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 lie 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. 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. 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, 2015, subject to delays due to
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.
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8. City-Installed Public Infrastructure. The following improvements, hereinafter referred to as “City-
Installed Public Infrastructure Improvements” (known as City Project 462), 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 One Million, Two Hundred
Ninety-Six Thousand, Three Hundred Forty-Three Dollars ($1,296,343). The amount of the security
was calculated as follows:
Cost 110%
Grading & Erosion Control $59,780 $65,758
Pond Restoration and Erosion Control Removal $25,000 $27,500
Survey Monumentation $23,500 $25,850
Landscaping $29,500 $32,450
Street Lighting (8 lights) $32,000 $35,200
Buffer Monumentation (17 signs) $850 $935
Cost 125%
Surface Improvements $440,920 $551,150
Water Main Improvements $164,408 $205,510
Sanitary Sewer Improvements $121,111 $151,389
Storm Sewer Improvements $160,481 $200,601
Total $1,057,550 $1,296,343
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
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
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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 up. 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
shall become City property without further notice or action unless the improvements are specifically
identified herein as private infrastructure.
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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
three (3) years 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
$202,405 shall be deposited with the City at the time this Agreement is signed, and represent
the following amounts:
$10,000 Engineering Review Fees
$145,638 Construction Monitoring Fees (15%)
($25,000) Design Fees Paid To-Date
$3,000 Attorney Fees
$48,546 5% City Fees (based on engineer’s estimate of $970,920)
$2,304 Street Light Energy Cost
$2,820 GIS Fees
$880 Fog Sealing
$14,217 Seal Coating
$202,405 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
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
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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 three (3) 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 three (3) 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 $119,510
B. Storm Sewer Trunk Area Charges in the amount of $109,703
C. Sanitary Sewer Trunk Area Charges in the amount of $18,361
D. Watermain Trunk Area Charges in the amount of $27,020 (includes $84,000 credit for water
main oversizing)
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.
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
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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.
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
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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 existing may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of
the right to exercise at any time thereafter any other right, power or remedy.
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 145th Street West
Rosemount, Minnesota 55068
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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 _____________________, 2015,
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
THE RYLAND GROUP, INC.
BY:
Its
BY:
Its
STATE OF MINNESOTA )
) SS
COUNTY OF _____________)
The foregoing instrument was acknowledged before me this day of ______________________, 2015
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
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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 ($20,000 per acre of mitigation).
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Greystone 4th
EXHIBIT B (Page 1 of 2)
No.Item Cost 110%Calculation
1 Grading and Erosion Control 59,780$ 65,758$ $3500/acre x 17.08 acres
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 23,500$ 25,850$ $500/lot x 47 lots
4 Retaining Wall -$ -$ N/A
5 Landscaping 29,500$ 32,450$ Per City Planner
6 Street Lights 32,000$ 35,200$ 8 lights x $4000/light
7 Buffer Monumentation 850$ 935$ 17 signs x $50/sign
8 Surface Improvements 440,920$ 551,150$ 125%
9 Water Main Improvements 164,408$ 205,510$ 125%
10 Sanitary Sewer Improvements 121,111$ 151,389$ 125%
11 Storm Sewer Improvements 160,481$ 200,601$ 125%
Total 1,057,550$ 1,296,343$
No.Item Cost
Estimated Construction Cost 970,920$
1 Engineering Review Fees $ 10,000
2 Construction Monitoring Fees 145,638$
Design Fees Paid by Developer (25,000)$
3 Attorney Fees 3,000$
4 5% City Administrative Fees 48,546$
5 Street Light Energy Cost 2,304$
6 GIS Fees 2,820$
7 Trail Fog Seal 880$
8 Seal Coating 14,217$
Total $ 202,405
No.Item Cost
1 Storm Sewer Trunk Charge 109,703$
2 Sanitary Sewer Trunk Charge 18,361$
3 Water Trunk Charge 27,020$
4 Stormwater Ponding Fee -$
Total 155,084$
No.Item Cost
1 Park Dedication 119,510$
Total 119,510$
Development Fees (due with signed agreement)
Calculation
(47 units x .04 x $85,000) - $40,290 credit from Greystone 3rd*
Calculation
$6865/net developable acre x 15.98 acres
$1075/acre x 17.08 acres
N/A
* Credt calculated as follows: Park dedication requirement for Greystone 1-3 was 2.92 acres. 2.50 acres were dedicated and 0.42 acres paid in cash with
Greystone 3rd. Actual dedication from developer is 2.974 acres. Therefore, the City is crediting the 0.42 acres paid with Greystone 3rd ($35,700), plus an
additional 0.054 acres ($4,590).
15% of Estimated Construction Cost
Letter of Credit for Developer Improvements (due with signed agreement)
City Fees (due with signed agreement)
Calculation
City Engineer Estimation
City Engineer Estimation
$6500/acre x 17.08 acres (minus $84,000 for water main oversizing)
Estimate
5% of Estimated Construction Cost
8 lights x 24 months x $12/month
$60/unit x 47 units, or $120/acre
$0.20/SF x 4400 SF
$1.70/SY x 8363 SY (53% of total ROW)
Development Fees (due before signed plat is released)
Payment received 1/21/15
Block Lots Units Block Lot Units SQ FT Acres
1 6 6 1 1 1 16855 0.39
2 17 17 1 2 1 11728 0.27
3 19 19 1 3 1 8680 0.20
4 5 5 1 4 1 8680 0.20
1 5 1 9602 0.22
1 6 1 9391 0.22
Total 47 47 2 1 1 11109 0.26
2 2 1 10587 0.24
Total Plat Area =17.08 acres 2 3 1 10161 0.23
Total Park Area 0.00 acres 2 4 1 9180 0.21
Future Plat Area =0.00 acres 2 5 1 8680 0.20
Developable Area =17.08 acres *2 6 1 8680 0.20
Ponding to HWL = 1.10 acres 2 7 1 14736 0.34
Net Developable Area =15.98 acres 2 8 1 11353 0.26
2 9 1 8680 0.20
* Excludes future plat and park areas 2 10 1 8680 0.20
2 11 1 8680 0.20
2 12 1 8680 0.20
2 13 1 8680 0.20
2 14 1 9436 0.22
2 15 1 10631 0.24
2 16 1 10069 0.23
2 17 1 8837 0.20
3 1 1 8680 0.20
3 2 1 9546 0.22
3 3 1 9888 0.23
3 4 1 9804 0.23
3 5 1 9993 0.23
3 6 1 8960 0.21
3 7 1 8680 0.20
3 8 1 8680 0.20
3 9 1 8680 0.20
3 10 1 8680 0.20
3 11 1 8680 0.20
3 12 1 11197 0.26
3 13 1 13628 0.31
3 14 1 9238 0.21
3 15 1 15445 0.35
3 16 1 11427 0.26
3 17 1 10229 0.23
3 18 1 8680 0.20
3 19 1 8680 0.20
4 1 1 8702 0.20
4 2 1 11384 0.26
4 3 1 8680 0.20
4 4 1 8680 0.20
4 5 1 8680 0.20
ROW 142009 3.26
OUTLOT A 135130 3.10
Total Boundary 743856.00 17.08
sealcoat calc 75,264.8
sq. yd.8,362.8
Greystone 4th
EXHIBIT B (Page 2 of 2)
Totals
ATTACHMENT ONE
Greystone 4th Addition
Final Plat
Greystone 4th Addition
January / 2015
Page 11 of 11
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%+8+.'0)+0''45 .#0&2.#00'45 .#0&5748';145 .#0&5%#2'#4%*+6'%65
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014 - 81
A RESOLUTION APPROVING THE PRELIMINARY PLAT
FOR GREYSTONE 3RD ADDITION
WHEREAS, the City of Rosemount received a request for Preliminary Plat approval from The
Ryland Group, Inc. concerning property legally described as:
Oudots 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 Preliminary Plat for Greystone 3`d Addition; and
WHEREAS, on June 24, 2014, the Planning Commission recommended approval of the
Preliminary Plat for Greystone 3rd 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 Preliminary Plat for Greystone 3`d Addition, subject to the following conditions:
1. Approval of the Comprehensive Plan Amendment by the Metropolitan Council.
2. Approval of a Planned Unit Development Master Development Plan with Rezoning the
subject property and designating minimum lot requirements and setbacks.
3. Dedication of Oudot C to the City for park and recreation purposes. Oudot C shall
provide 2.50 acres of park dedication. Fee -in -lieu of park dedication shall be paid on the
housing units greater than 2.50 acres park dedication.
4. 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 dedication a 15 feet wide trail easement to the City.
5. Within Oudot C, grade a trail corridor from Street F to Addison Avenue that meets ADA
standards.
6. 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 the Akron Avenue right -of -way.
7. Conformance with all requirements of the City Engineer as detailed in the attached
memorandum dated July 10th, 2014
8. Conformance with all requirements of the Parks and Recreation Director as detailed in the
attached memorandum dated June 18th, 2014.
ADOPTED this 15" day of July, 2014, by the
ATTE T:
la
Clarissa adler, City Clerk
RESOLUTION 2014-
City Council of the City of Renount.
r
William H. Droste, Mayor
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014 - 82
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:
Oudots 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 3rd
Addition; and
WHEREAS, on June 24, 2014, the Planning Commission recommended approval of the PUD
Master Development Plan with Rezoning for Greystone 3rd 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 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.
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
MEMORANDUM
DATE: January 20, 2015
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 4th Addition Engineering Review
SUBMITTAL:
Prepared by Pioneer Engineering, the Greystone Preliminary Plat was dated and received on
December 2, 2014. Engineering review comments were generated from the following documents
included in the submittal:
Final Grading Plan, dated June 30, 2014, includes the following:
o Cover Sheet
o Final Grading Plan (2 sheets)
o Erosion Control Plan and Details (4 sheets)
o Street Profiles (2 sheets)
o Landscape Plan
o Lighting Plan
Greystone 4th Addition Final Plat (3 sheets)
Private Construction of Public Infrastructure Application
Final Plat Application
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 4th Addition. These fees are
estimated based on the 2014 Fee Resolution.
o GIS Fees: $60/unit * 47 units = $2,820
o Sanitary Sewer Trunk Charge: $1075/acre * 17.08 acres = $18,361
o Watermain Trunk Charge minus Trunk Oversizing:
$6500/acre * 17.08 acres = $111,020 - $84,000 = $27,020
o Storm Sewer Trunk Charge: $6865/acre * 15.98acres = $109,703
SITE PLAN COMMENTS:
2. A trail connection through Outlot A from Akron Avenue to the intersection of Addison
Avenue/Adelle Avenue is required. The trail is required to meet ADA requirements and be
fully constructed with the development and funded by the developer.
3. 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.
STORMWATER MANAGEMENT PLAN:
4. Infiltration testing that was completed during grading is required to be submitted to the City
for review.
EASEMENT COMMENTS:
5. Outlot A shall be owned by the association. Drainage and utility easements shall be
extended over Outlot A to provide the City with access to the pond and storm sewer.
6. 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 twice the sewer depth
rounded up to the nearest 5 feet.
7. 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 3 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 3 year maintenance period shall be a
cost of the development.
8. 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 1: Lot 1 and Lot 2
Block 2: Lot 1 through Lot 5, Lot 15 through Lot 17
Block 3: Lot 2 through Lot 4, Lot 9, and 15 through Lot 19
9. 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.
10. 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.
MEMORANDUM
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: January 22, 2015
Subject: Greystone 4th Addition Plat
The land dedication required for this subdivision was satisfied with the platting of the 1st through 3rd
additions. The parks dedication for the 47 units in the Greystone 4th addition is either 1.88 acres of
land or the cash in lieu of land amount of $159,800 (47 units x $3,400 per unit). Staff is
recommending that we collect cash in lieu land for the 47 units that are part of the Greystone 4th
Addition Plat.
Staff has also reviewed the placement of the sidewalks in the 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, January 26, 2015.
EXCERPT OF DRAFT MINUTES
REGULAR PLANNING COMMISSION MEETING
January 27, 2015
7.a. Request by Ryland Homes for a Final Plat to Develop a 47 Lot Subdivision named
Greystone 4th Addition (14-63-FP). The applicant, Ryland Homes (Ryland) requests approval of
a Final Plat for the Greystone 4th Addition to allow 47 lots on approximately 17 acres. The
preliminary plat covering this area (Greystone II) was approved by the City on July 15, 2015. Staff
finds that the Greystone 4th Addition Final Plat is consistent with the Greystone II Preliminary Plat
approval with the staff recommended conditions.
Chair Miller noted that the Commission previously had questions about sidewalks and railroad
tracks. He inquired if the staff feels that the buffer proposed between the houses and railroad track
is enough. Planner Zweber stated that the locations of homes are similar to those of Bloomfield
development and the setbacks are larger than some older neighborhoods with in the city. He also
noted that Ryland makes considerations in the building materials of the homes to take into account
the location of the homes in proximity of the tracks.
Commissioner Kenninger inquired if Ryland is required to make the upgrades for noise dampening.
Zweber stated that there are no requirements related to specifics to building materials but the
Commission could add one in if they see fit.
Commissioner Kurle inquired about the distance from the house to the tracks. Zweber stated that
there is a 60 ft. easement plus a 30 ft. side yard setback, so at minimum it is 90 ft. between the
houses and the railroad tracks.
Commissioner Forester inquired about the elevation of tracks vs. houses. Zweber stated that the
tracks are at about an elevation of 950 ft. and the homes sit above the tracks around a 960 ft.
elevation. Forester also mentioned that he recalls trail access to the park, what is the status of the
trail. Zweber stated that the trail was graded this summer and will be constructed by the City. The
funds will be from the cash in lieu of land mentioned in the Park and Rec Director’s memo.
Chair Miller inquired if berming is viable option to create a buffer zone. Zweber stated that there is
not adequate space between property lines for berming and a trail. Landscaping will provide a
buffer.
Mark Sonstegard, Land Development Manager for Ryland Homes was on hand to answer questions.
Chari Miller was concerned with the proximity of tracks and the amount of traffic on the tracks to
the homes. He inquired what Ryland is doing to mitigate the train noise. Mr. Sonstegard stated that
the site plan shows that the homes are orientated so they are parallel with tracks. They are using the
street as a buffer between houses and the tracks instead of having the houses backup to the tracks.
He also stated that having the homes elevated above the tracks does reduce noise. Ryland has
development in Plymouth that is also located near train tracks; the plan is to use the same windows
for sound to help with train noise. Ryland will make sure that these lots will be disclosed as lots
located near train tracks. Miller also inquired about the R rating for the homes with better windows.
Mr. Sonstegard stated he would have to look that information up. Miller also asked if installing a
fence would be helpful. Mr. Sonstegard wasn’t sure if the fence would keep people from going on
the tracks. Ryland would rather put a sidewalk on south side of the street and put a fence in the
Outlot. Ryland is agreeable to installing a black chain link fence.
Commissioner Forster inquired about the plan for construction traffic. Mr. Sonstegard stated that
the way the phases have been laid out construction traffic from one newest phase will not interfere
with the existing houses. The construction traffic will need to drive through the neighborhood but
parking will not be on developed streets. Grading has been completed so there won’t be any heavy
machinery brought in.
MOTION by Kurle to recommend the City Council approve the Final Plat for Greystone 4th
Addition, subject to conditions:
a. The Planning Commission finds that the Greystone 4th Final Plat is consistent with
the Greystone II Preliminary Plat approved on July 15, 2014.
b. Approval and execution of a subdivision agreement.
c. Trees installed on individual lots shall be planted in a location that does not interfere
with curb stops or individual sewer or water connections.
d. Fences on lots adjacent to Akron Avenue (Lots 1 and 2, block 1) shall be
constructed so that proposed landscaping is visible to the public, outside the fence
and between the fence and the Akron Avenue right-of-way.
e. Dedication of Outlot B, Greystone 3rd Addition to the City for park and recreation
purposes.
f. The east-west aligned portion of Addison Avenue shall be renamed to 138th Street
East.
g. Trail within Outlot A shall be extended to the intersection of Adelle Avenue and
138th St E.
h. Conformance with all requirements of the City Engineer as detailed in the attached
memorandum dated January 20, 2015.
i. Conformance with all requirements of the Parks and Recreation Director as detailed
in the attached memorandum dated January 22, 2015
Second by Forster
Ayes: 5. Nays: 0. Motion approved.
.