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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. Greystone 4th Addition January / 2015 Page 1 of 11 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. Greystone 4th Addition January / 2015 Page 2 of 11 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 Greystone 4th Addition January / 2015 Page 3 of 11 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. Greystone 4th Addition January / 2015 Page 4 of 11 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 Greystone 4th Addition January / 2015 Page 5 of 11 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 Greystone 4th Addition January / 2015 Page 6 of 11 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 Greystone 4th Addition January / 2015 Page 7 of 11 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 Greystone 4th Addition January / 2015 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 _____________________, 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 Greystone 4th Addition January / 2015 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 ($20,000 per acre of mitigation). Greystone 4th Addition January / 2015 Page 10 of 11 Greystone 4th EXHIBIT B (Page 1 of 2) No.Item Cost 110%Calculation 1 Grading and Erosion Control 59,780$ 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 %+8+.'0)+0''45 .#0&2.#00'45 .#0&5748';145 .#0&5%#2'#4%*+6'%65 %+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. .