Loading...
HomeMy WebLinkAbout6.n. Meadows of Blomfield Third Addition Fnal Plat and Subdivision Development Agreement Planning Case 05-05-FPf CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date March 15, 2005 AGENDA ITEM: Meadows of Bloomfield Third Addition Final AGENDA SECTION: Plat and Subdivision Development Agreement, Consent Planning Case 05 -05 -FP PREPARED BY: Rick Pearson, City Planner A N Anthony Aderhold, Project Engineer ATTACHMENTS: Draft Resolution, Subdivision Development Agreement, PC Minutes 2- 22 -05, Location APPROVED BY: map, Final Plat, Street Option A �y RECOMMENDED ACTION: Motion to adopt a resolution approving the final plat for Meadows of Bloomfield Third Addition subject to conditions, And Motion to authorize the execution of the subdivision development agreement. ACTION: ISSUE This final plat sets the stage for completion of the Meadows of Bloomfield Planned Unit Development north of Autumn Path and Connemara Trail It focuses on the single family detached housing component of the PUD It is dependant on approval of the PUD amendment elsewhere in this agenda for 26 single -family lots that will replace 33 townhouse units affecting a portion of Block 1 This final plat will translate into individual lots for recording and ultimately sale for construction The final plat is also critical in the installation of public improvements that will be secured by a subdivision development agreement PLANNING COMMISSION REVIEW No public hearing was required for the final plat A public hearing was conducted for the area affected by the PUD amendment The balance of the plat is consistent with the conditions of the approved preliminary plat Several single family lots have been eliminated as a result of responding to a demand for larger houses However, no other changes have occurred The Planning Commission had no concerns regarding the final plat The applicant, Chad Onsgard indicated that the recommended conditions were acceptable BACKGROUND Applicant Property Owner(s) Chad Onsgard of Centex Homes, Inc Location North of Connemara Trail and Autumn Path, South of 135 Street West Area in Acres 44 5 acres Number of Lots Density 118 single family lots 2 65 units per acre including 26 "Freedom" (56 ft wide min Lots and 92 lots with 70 ft min lot widths. Comp Guide Plan Desig Urban Residential Current Zoning R -1, Low Density Residential and R -2, Moderate density residential (freedom units) Previous City Council Action Approved Preliminary Plat 9 -16 -2003 Planning Commission Action: Recommendation of Approval (5 -0). SUMMARY This is the third final plat review to be presented to the Planning Commission for the final portion of the Meadows of Bloomfield The reasons for the changes include 1) The developer has been selling some larger single family houses than expected and needed to enlarge some of the lots, particularly near the DNR pond This decision occurred after the first final plat was reviewed and approved Three lots have been lost as a result 2) The PUD amendment as detailed elsewhere in this agenda The developer elected to pursue this change after the second final plat review, however, it did not go to the City Council The final plat is reviewed against the PUD and applicable zoning standards Consistency with the approved preliminary plat and zoning effectively guarantees final plat approval No public hearing is required for final plat Public hearings are required for amendments to the PUD or preliminary plat, particularly in the case of a need for new variances from standards. Previous final plat reviews for this area resulted in recommendations to revise some of the lots to be consistent with the PUD primarily in Blocks 3 and 4 Even though this is a new final plat, those previously recommended changes have been incorporated into the current final plat Staff has reviewed the current final plat and has identified some new concerns- 1 In the new PUD amendment area, lots 5, 6, 7, 8 and 9, Block 1 scale 55 feet wide at the 25- foot setback line As presented in the PUD amendment, they should be 56 feet wide 2. Lots 14, 15, 16 and 17, Block 4 scale 68 feet wide at the building setback line. They should be no less than 70 feet wide at the front yard setbacks As cul -de -sac lots, they have narrower frontage at the street, and get progressively wider towards the rear With the minor revisions to the above lots, the final plat lot design is deemed consistent with the PUD and recommended for approval subject to the recommended conditions The preliminary plat had other conditions as well Since the plat is adjacent to County Road 38, the Dakota County Plat Commission has review authority Dakota County is generally most interested in right -of -way needs for County Road 38 and intersection spacing along the County Road The right -of -way needs were accommodated in the plattinW of the original Meadows of Bloomfield that included two large outlots intended for the 3r Addition 2 Lastly, lots 20 through 29, Block 1 back up to the DNR regulated pond Those lots will be subject to a conservation easement that is intended to protect the 75 ft. buffer area extending above the normal high water elevation of the pond OTHERISSUES The preliminary plat includes a connection of Autumn Path to County Road 38 with the centerline of the street aligning with the easterly property line of the development. Cooperation of the adjacent property owner is needed to complete this portion of Autumn Path The developer has been negotiating with the owner, but has had no success to date The portion of Autumn Path planned for this easterly property will be built when the property develops In the interim, there is a contingency plan to build a temporary street fully contained within the Meadows of Bloomfield property The temporary street will be confined within the available right -of -way for Autumn Path However, some grading for the street and a drainage swale connecting to a pond in the northeast corner of the plat will affect 5 lots along the eastern edge, and require a temporary easement for grading and construction Lots 52 and 53 will be affected the most, but all of the impact is confined to the rear -yard setback area No impact will occur to budding envelopes, and all lots would still have a minimum of 25 feet for rear yard use between the building pads and the outer edge of the temporary drainage swale. CONCLUSION The minor revisions required to bring the plat into conformance with the PUD should not be difficult to accomplish The temporary street option will not cause any adverse impact on the adjacent lots that would require them to be reconfigured In fact, as "double fronted lots those lots are a minimum of 25 feet deeper than the minimum lot depth to allow for screening 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2005- A RESOLUTION APPROVING THE FINAL PLAT FOR MEADOWS OF BLOOMFIELD 3 RD ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from Centex Homes requesting Final Plat approval for the Meadows of Bloomfield 3` Addition, legally described as Outlot C, Outlot D and Outlot E, Meadows of Bloomfield, according to the recorded plat thereof, Dakota County, Minnesota WHEREAS, on February 22, 2005, the Planning Commission of the City of Rosemount reviewed the Final Plat for Meadows of Bloomfield 3` Addition to create 118 individual lots for single family construction, and WHEREAS, the Planning Commission of the City of Rosemount found the Final Plats generally consistent with the terms and conditions of the Preliminary Plat, and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Meadows of Bloomfield 3rd Addition subject to conditions, and WHEREAS, on March 15, 2005, the City Council of the City of Rosemount reviewed the Planiimg Commission's recommendation and the Final Plat for Meadows of Bloomfield 3`d Addition and adopted a motion for approval of the final plat by this resolution subject to conditions NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Final Plat for Meadows of Bloomfield 3` Addition, subject to 1 Approval of the PUD Amendment for Lots 1 -16, Block 1 and Lots 5 -14, Block 2 and execution and recording of a PUD amendment agreement in a form approved by the City Attorney 2 Execution of the Subdivision Development Agreement 3 Plan revisions for lots 14, 15, 16 and 17, Block 4 to be 70 feet wide, all measured at the front yard setback line 4 Provide drainage utility easements for the plat as required by the City Engineer. 5. In the event rights are not secured to construct the east half of Autumn Path according to the approved preliminary plat of the adjacent easterly property, a temporary access road connecting to County Road 38 per the attached plan, Option A, is required to be in -place RESOLUTION 2005 no later tha September 30, 2006 6. Implementation of temporary street option A will require temporary casements for construction and grading of lots 50, 51, 52, 53 and 54, Block 1 Said easements may be vacated upon the completion of the permanent Autumn Path Road that will be consistent with the preliminary plat 7 Recording of a conservation easement protecting the 75 ft bufferzone affecting lots 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29, Block 1 (Lots 35 -44, Block 5 of the preliminary plat) in accordance with the related conditions of preliminary plat approval in a form acceptable to the City Attorney 8 Approval of the Dakota County Plat Commission in conformance with the contiguous Plat Ordinance 9 Buildmg permits requiring conformance with all applicable building and fire codes. 10 Payment of all other development associated fees in conformance with the current fee schedule including but not limited to G I S Storm Water Access Trunk, Water and Sewer Access Charges ADOPTED this 15 day of March, 2005 by the City Council of the City of Rosemount William H Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by Second Voted in favor Voted against Member absent SUBDIVISION AGREEMENT Meadows of Bloomfield 3rd Addition AGREEMENT dated day of 2005, by and between the CiTY of RosEmouNT, a Minnesota municipal corporation, "City and Centex Homes, a Nevada General Partnership (the "Developer This agreement supercedes and replaces the Subdivision Agreement, Meadows of Bloomfield 3 rd Addition, dated April 13, 2004 between the City of Rosemount and Centex Homes 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 Meadows of Bloomfield 3` 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 Approv al 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 gradmg, 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 and other fees identified in the current fee schedule d Incorporation of any easements necessary to accommodate drainage, ponding, trails, conservation areas, streets and utilities If access rights are not secured by the Developer to construct Autumn Path as shown in Attachment One, a temporary access road to County Road 38 per Exhibit C, Option A, is required to be in -place no later than September 30, 2006 Securities, in the amount of $317,000 for the temporary road and final completion of Autumn Path will be included with the Public Infrastructure Improvements Letter of Credit per Section 9d and will be retained by the City until the final street section is constructed in its entirety to County Road 38 3. Phased Development The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Contract 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 5. Development Plans The subject property shall be developed in accordance with the following plans, ongmal copies of which are on file with the City Public Works Director The plans may Meadows of Bloomfield 3 rd Addition 03104(05 be prepared, subject to City approval, after entering this Agreement, but before commencement of any work on the Subject Property If the plans vary from the written terms of this Agreement, the written terms shall control The plans are Plan A Plat Plan B Soil Erosion Control Plan and Schedule Plan C Drainage and Storm Water Runoff Plan Plan D Plans and Specifications for Public Improvements Plan E Grading Plan and House Pad Elevations Plan F Street Lights Plan G Landscape Improvements 6. Installation by Developer The Developer shall install or cause to be installed and pay for the following A Street Lights B Setting of Lot and Block Monuments C Surveying and Staking of work required to be performed by the Developer D Gas, Electric, Telephone, and Cable Lines E Site Grading F. Landscaping (Hereinafter referred to as the "Developer Improvements') And other items as necessary to complete the development as stipulated herein or in other agreements 7. Time of Performance The Developer shall install all required improvements enumerated in Paragraph 6 which will serve the subject property by September 30, 2006 The Developer may, however, request an extension of time from the City If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date 8. Public Infrastructure The following improvements, known as City Project #380, shall be designed, inspected, surveyed and administered by the City and installed in the Subject Property at Developer expense by a Contractor selected by the City through the public bidding process A Sanitary Sewer B Watermam C Storm Sewer D. Streets E. Sidewalks/Pathways (Hereinafter referred to as "Public Infrastructure Improvements Meadows of Bloomfield 3 rd Addition 03/04/05 The attached figure shows the area within which the Public Infrastructure Improvements will be constructed pursuant to this Paragraph Contracts shall provide for construction in accordance with plans and specifications prepared by the City or its consultants The City will not enter into such contracts until all conditions ofplat and subdivision approval have been met, the plat is recorded and the City has received the bonds and security required by this agreement The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department of Health and all other agencies before proceeding with construction 9. Deposit for Cost of Public Infrastructure Improvements For the purpose of financing the construction, installation and maintenance of the Public Infrastructure Improvements, Developer shall promptly make payments to the City of sums deemed necessary by the City to make timely payments to its contractor as follows a Prior to the receipt by the City of bids for the Public Infrastructure Improvements, Developer will pay to the City a cash deposit in the amount of Four Hundred Thousand Dollars ($400,000) to cover one or more periodic payments to the City's contractor Such deposit and later payments to the deposit as provided in this paragraph will be held by the City and used to pay the City's contractor for Public Infrastructure Improvements and no other purpose b From time to time as the City's construction of the Public Infrastructure Improvements proceeds and the amount held in the Developer's deposit is diminished by payments to the City's contractor, the City will give written notice specifying an amount due from the Developer to replenish the deposit, as determined by the City to be necessary to cover one or more periodic payments to the City's contractor Payments shall be due no later than five (5) working days after receipt of notice by the Developer. c No interest will be paid or credited to Developer on funds held by the City in the deposit Following final payment for Public Infrastructure Improvements the City will return any unused funds in the deposit to Developer. d Upon execution of this Agreement, Developer will provide a letter of credit in form satisfactory to the City in the amount of One Million, Six Hundred Thirty -five Thousand, Dollars ($1,635,000) less $1,025,400 provided previously (which is 110% of the estimated construction costs ($1,850,000) less the initial deposit), conditioned on the prompt and faithful performance by Developer of its obligations under this paragraph 9 This letter of credit maybe combined with any other letter of credit given to secure performance under tlus Agreement provided the form thereof is approved by the City e In the event City does not recover its costs for completing the Public Infrastructure Improvements under the provisions of this paragraph, as an additional remedy, City may, at its option, assess the Subject Property in the manner provided by Minnesota Statutes, Chapter 429, and Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429 081, provided the amount levied, together with the funds deposited with the City 3 Meadows of Bloomfield 3 r° Addition 03/04/05 under this paragraph, does not exceed the expenses actually incurred by the City in the completion of the Public Infrastructure Improvements f. Refer to Exhibit B for a more detached calculation. 10. Security for Developer Improvements To guarantee compliance with the terms of this Agreement, payment of the costs of all Developer Improvements and construction of all Developer Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash escrow or two (2) individual irrevocable letters of credit from a bank "security for a. $44,000 ($143,000, less $99,000 provided previously) Landscaping b. $60,830 ($181,830 less 121,000 provided previously) All Other Improvements which is 110% of the estimated cost of the Developer Improvements The amount of the security was calculated as follows Refer to Exhibits A B for an explanation of each item The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator The letter of credit shall be automatically renewable until the City releases the developer from responsibility The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by tlus Agreement In the event of a default under this Subdivision Agreement by the Developer, the City shall famish the Developer with written notice by certified mail of Developers default(s) under the 4 Meadows of Bloomfield 3 r° Addition 03/04/05 Cost 110% Landscaping 130,000 143,000 Grading Erosion Control 25,000 27,500 Pond Restoration and Erosion Control Removal 25,000 27,500 Survey Monumentation 59,000 64,900 Retaining Walls Street Lighting (14 lights) 56,000 61,600 Buffer Monumentation 300 330 Park Equipment/improvements Wetland Restoration/Mitigation Wetlan d Monitonng Total 165,300 181,830 Refer to Exhibits A B for an explanation of each item The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator The letter of credit shall be automatically renewable until the City releases the developer from responsibility The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by tlus Agreement In the event of a default under this Subdivision Agreement by the Developer, the City shall famish the Developer with written notice by certified mail of Developers default(s) under the 4 Meadows of Bloomfield 3 r° Addition 03/04/05 Cost 110% Landscaping 130,000 143,000 Total 1 130,000 143,000 Refer to Exhibits A B for an explanation of each item The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator The letter of credit shall be automatically renewable until the City releases the developer from responsibility The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by tlus Agreement In the event of a default under this Subdivision Agreement by the Developer, the City shall famish the Developer with written notice by certified mail of Developers default(s) under the 4 Meadows of Bloomfield 3 r° Addition 03/04/05 terms of this Subdivision Agreement If the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw on the letter of credit, With City approval the letter of credit may be reduced from time to time as financial obligations are paid and developer installed improvements completed to the City's requirements 11. Grading Plan /Site Grading Site grading shall be completed by the developer at its cost and approved by the City Public Works Director 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 Public Works Director satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the development to the City as the site grading is completed by phase, with street and lot grades If the installation of utilities is occurring simultaneously with the grading, the utility contractor shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected All improvements to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer 12. License The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City during the installation of Public Infrastructure Improvements 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 backfilhng 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 of the essence 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 endeavor 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 installed by the Developer in accordance with plans prepared by Westwood Professional Engineering Services dated January 5, 2004 and referred to as Meadows of Bloomfield 3 rd Addition 03/04/05 Exhibits 5a h in the PUD Agreement for Meadows of Bloomfield executed March 22, 2004 by the City of Rosemount 15. Cleanup The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assigns 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 48 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 nghts -of- way and easements shall become City property without further notice or action unless the improvements are slated as private infrastructure. 17. W arranty The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twelve (12) months after planting 18. Responsibilitv 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 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 The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses w hich the City may pay or incur in consequence of such claims, including attorney's fees 6 Meadows of Bloomfield 3 rd Addition 03/04/05 C The Developer shall reimburse the City for costs incurred in the preparation and enforcement of this Agreement, including engineering and attorney's fees The estimated City fees of $432,018 less $315,028 paid previously shall be deposited with the City at the time this Agreement is signed, and represent the following estimates 19. $314,500 S 10,000 92,500 S 1,680 13.338 $432,018 Engineering Fees Attorney Fees 5% City Fees Street Light Energy Cost Seal Coating Refer to Exhibit B for detailed calculations. If the City fees exceed this estimate, the Developer shall pay the additional costs to the City within 10 days of the request D The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9 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 S5 /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 $0.60 /SY The sealcoating will be completed within two (2) years following wear course placement Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the tune of, execution of any plat by the City A. B. C. D. E Park dedication fees in the amount of -0- (Fees paid in full with I" Addition) Geographic Information System (GIS) fees in the amount of 56,490 Storm Sewer Trunk Area Charges in the amount of $275,132 Sanitary Sewer Trunk Area Charges in the amount of $47,799 Waterman Trunk Area Charges in the amount of $192,570 Meadows of Bloomfield 3 r° Addition 03/04/05 Refer to Exhibit B for detailed calculations Or such other amounts for such fees as in effect at the time of plat approval 20. Developer understands that builders will be required to pay for the Subl ect Propertythe 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 this agreement are A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is S1,450) B. Storm Sewer Connection Charges per single family unit and per multiple family unit (currently at $670) C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,160 /SAC unit) D Water Availability Charges per unit (currently at $1,410 /umt 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 F All building permit fees are paid in full F No early building permits will be issued The Developer, in executing this Agreement, assumes all liability and costs for damage or delays, incurred by the City, in the construction of public improvements, caused by the Developer, its employees, contractors, subcontractors, matenalmen 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, unless otherwise authorized in writing by the City Public Works Director 22. 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 Meadows of Bloomfield 3'" Addition 03/04/05 other remedies, levy the cost in whole or in part as a special assessment against the Subject Property Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081 23. 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, Developer, its contractors, subcontractors, matenalmen, 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 property. The Dev eloper shall take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof After the Developer has completed the work required of it under this Contract, 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 ansmg, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so exciting may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy 9 Meadows of Bloomfield 3 r0 Addition 03/04/05 The Developer may not assign this Agreement without the written permission of the City Council 24. 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 Centex Homes 12400 Whitewater Drive, Suite 120 Minnetonka, MN 55343 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address City Administrator, Rosemount City Hall, 2875 145 Street West, Rosemount, Minnesota 55068 10 Meadows of Bloomfield 3 Addition 03/04/05 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written BY: BY: BY: BY: STATE OF MINNESOTA SS COUNTY OF DAKOTA CITY OF ROSEMOUNT William H. Droste, Mayor Linda Jentink, City Clerk Its Its The foregoing instrument was acknowledged before me this day of 2004, by William H. Droste, Mayor, and Linda Jentink, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council Notary Public STATE OF MINNESOTA )SS COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 2005 by and a on behalf of the said Drafted By: City of Rosemount 2875145th Street West Rosemount, MN55068 Notary Public 11 Meadows of Bloomfield 3 r° Addition 03/04/05 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 revegetation and erosion control ($3,500 /acre) Note The minimum bond amount is set at $25,000 Pond Restoration/Erosion Removal A security to allow for cleamng of sedimentation ponds prior to City acceptance and removing any installed erosion control measures such as silt fence and woodfiber 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 mimmum 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 retaimng 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 tlus 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 (S50 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) 12 Meadows of Bloomfield 3 rd Addition 03/04/05 EXHIBIT B Page 1 of 2 Letter of Credit for Developer Improvements No Item Cost 110% Less Paid Prev Calculation I Gradma and Erosion Control 25,000 27,500 27,500 Mm $25,000 (radm� LOC received) 2 Pond Restoration and Erosion Control Removal 25,000 27 500 S 27,500 Esnmate of first paNment 3 Sunev Monumentatmn 59,000 64,900 30,800 $500/Lot 103 Lots 4 Retamme Wall 1 609,600 5 Street I i hts 56,000 61,600 35,200 $4000/Li t 14 Lights 6 Huffer Monumentation 300 330 5 sjimb at $50 per si 7 LaLE ui meno'lm 8 effWnts Re d mid Restorati On�VlltiQation 9 WeOand Monitoring S Total 165,300 181,830 121,000 60,830 Letter of Credit for Public Infrastructure No Item Cost 110% Less Paid Prev I Calculation I Lstimated Construction Cost 1 850,000 2,035,000 1225,400 Per Engineer's Estimate 2 Less Untie! Cash Deposit Estimate 400,000) (200 000) Esnmate of first paNment 55,700 00 Total 4 143,000 1 99,000 1 44,000 14 Lights 24 Months $5 /month Totall Seal Coating 1 635,000 1,025,400 1 609,600 Letter of Credit for Landscaping No Item Cos[ MORN Less Paid Prev Calculation 1 m Fstimated Landsca Cost 130,000 S 143 000 S 99 000 Per Rick Pearson 10 000 S 10 000 00 Estimate 3 5% City Fees 92,500 55,700 00 Total 4 143,000 1 99,000 1 44,000 City Fees No Item Cost Less Paid Prev Calculation 1 Engineering Fees S 314,500 239,380 00 Estimated Construction Coat 17% 2 Attorney Fees 10 000 S 10 000 00 Estimate 3 5% City Fees 92,500 55,700 00 Estimated Construction Cost 5% 4 Street Light Energy Cost S 1,680 96000 14 Lights 24 Months $5 /month 5 Seal Coating 13,338 899800 Street Area 20,900 Sv SO 60 /SY Total 432018 315,028 116,990 Development Fees No Item Cost Less Paid Prev Calculation 1 Park Dedication S Paid in full with Ist Addition 2 GIS Fees 6 490 S S55 /Lot or Unit 118 Lints) 3 Stom Sewer Trunk Charge 275,132 $6,015 /acre total ac reave mmus pondmg to HWL 4 Samtary Sewer Trunk Arcd Charge 47,799 $1,045 /acre total acrea c minus park dedication 5 Watennatn Trunk Area Char e 192,570 $4 210 /acre total acreage minus park dedication Total 521,991 EXHIBIT B Page 2 Of 2 No, Lots Block Total Lots Areas Parcel Acres 1 61 2 14 3 21 4 22 Total 118 Total Plat Area= 45.741 acres Gross Dev Area= 45.741 acres Ponding to HWL= 0 acres Park Dedication= 0 acres of Units= 118 units Boundary (Total Plat) 45 741 Oulot A 0 112 Athena Ct 0 423 Athena Way 2 499 Atrium Ave 1 246 Atwood Tr 2 648 Atwood Ave 1 065 Autumn Path 1 305 54;P dw sc t�s o OM S9 94 i 1 0 64 1 rarHX� /1I'W 71- k 2 CD 0 a »wat w✓ »a a4 Q ��M y &3M t tW a4° •NN VY YHM .bN mt 9W m P� YWNY f Mal w' FIW �3I1" mnry+✓� y,aAm m i :awn .l Imp D..adD' xa+xe >w.oia em✓IS a� -°�»'°D „y N� Irm a. rm Iml.,,aw� Iw ha.,rs n v --vi �la,«s alm a". nd .m°f •m °m .ann of wW..x] h.uf 9auMP l� a P•'•' y ma ua M+� WFf lJw uM`°�'" t°POM llP a ✓u'a'D M-0 Iy la wn ru°Jjpiv"P] OM'xY1 +.LLP u M"'tl wn mn1'a a 1 tar r.P Fv bxr ":'a:" x haO q tlm �.w D „:ae•� n w om y l ww r ,mws r w vl s wt of }rvw' xaly wF pis ao�;� a w' .a 1 Y'°�°V a 4193+m, <I" ul °<p" u uyr v( pb oa�� >7a ie �..M •,Ha Ne "°•Ia" DAat�� FI mP jj1 mJ- tbJ^� 1 /Wtlri� �4 ✓paG w�� ����.p.�� n.vJ w <doJ aiaPl IaY »I✓�� Yl wl N IW»^ NI+ FW w n w ONN �„9 8✓ae� wo-'A ,p aW ,l �»•.,°I mar•z,+^"'Y n `u W a°e '+N Pam a Keu+ a'y Fllln ia^ 1 aW ���p� au•1 a I an y a A G "W" F eppO�a`.a9 -J°r i.x'"ymla�vl °wM Pm yl wR ..rrm^ayi °:,°a. ,W� rov p.oan” ra m+ Yr tr ^v ..x avx "a nirP° ���i Aax�° awN W'°'^ Im w 4P' age ©l31 jWO ol" NO►J v :Ad abed 3N0 1N3NiH�vjxv -4o F ATTACHMENT ON OF BLOOMFIEL'5 OF MEADO 3RD ADDITION 24 ,Y t�'�• x t .»M LAW Nbyfr�YM .yi f+.At 4� ubtuFr mR V /NI)Lmnn4 s. o R Is saran, w s P r 7 PRELIM 't w t /�i ]7 '-y e' '?y ew "i. 5 4 -5___ i i .n. .r `C a p�p, �r6 v f �1,,. •r 1 b �.�.!b a ii e_ p¢ x `"s 9 0 P9''4 a E�`r, a `.,\Sr �r -0r n?:� ✓x\ t i.,,.u..... ..s `4aite`v �v' v v p y 'r i.� Jr \�aa e.ac��•a in u.. .•e rare" n a•. y.�.• a fi as J 'L� y a� ;.$'is r !`�'+Y.- \•7. y° �`,•e", F+' ,fY^`.Mt�:e. 1 9. t`] m �.iL'� a `.i 1 \F��� rl y �Ai r ^u 14 r W r f, )r M 4y X j r Jr `t {.i' "'q�. n Y v1._�-v G tT u, r w C ;sx i` d„`c� `m �..ia� �y f w a Fc S, x� a: a 3 o -t'-5; 1 l „�'ao-'u,r r r e r r .yb .c, 'GJ''' 4 '•T�`* y''�. $ii y y ti J",l{ v.�a X 3h v u 6 8 e >.'S t u ,�,n+ K� i `N o�t S i +e'' x' �i ry j f /,'4 `a., iy rr fr, i 4k /l i v�., 9a''�' ii2 7 .'�a`' a a r1 w\ x u '1 g i S r :i`, r ,•]0 a` tt f °S3n 74f"� '°F.?•' i vai'�.,` 9 j' r' L J u 7 n 5 t Y 0 Z r/. wn k ex�' t i i r m ...r..r s=,.. •m r�� L s,a ew�� w 7�., i i i d .°e"a°.r P: iv m.. ESTWOOD n W ;,,nu..s n.. w� '>`E. e e m, <a .r�u..*]i e: i]wa o. s. O x.<_ `.n.. ,.tea ngvn6rt n ..rv�ro x ur x 9a., 3 Q AJOW SON -7 of LpO MFI Et -o MEA DOW P v__ ten d•'�p 4D r �q d�e b. �±c., r j l sa^ .v i �N 'SKY r 4 #`�CBA 'b'! 'i A •M' .l W M p Y tm a N .w rL M• a m x+• yrI im P y�.! 1. r ATTAGtIM�tJT_ f� w��Tµ+pOD ATTACHMENT ONE CDOWS OF BLOOMFIELD 3RD ADDITION-- 3 PRELIMINARY �Y' �a 1 pnelW m• »n O[ Lk.. xe PMII vmnl Mndw V] M 1. 1,A !w mNnM pa.e� IcpnVd /fin Oeewar,e w r e l 4 n n Z]a{I md M r i WESTWOOD _4_- A 1 Z i% �a 1 pnelW m• »n O[ Lk.. xe PMII vmnl Mndw V] M 1. 1,A !w mNnM pa.e� IcpnVd /fin Oeewar,e w r e l 4 n n Z]a{I md M r i WESTWOOD _4_- A 1 Z PLANNING COMMISSION MEETING MINUTES FEBRUARY 22, 2005 PAGE Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, February 22, 2005 Chairperson Messner called the meeting to order at 6 30 p in with Commissioners Schultz, Zum, Humphrey and Powell present Also in attendance were Community Development Director Kim Lindquist, City Planner Rick Pearson, Assistant City Planner Jason Lindahl and Recording Secretary Amy Domeier The meeting was opened with the Pledge of Allegiance Additions to Agenda: None Audience Input: None Consent Agenda 4A. Approval of the January 25, 2005 Minutes. 4B. CASE 05 -05 -FP Meadows of Bloomfield (Centex Homes) Third Addition Final Plat Item 4A was pulled per Commissioner Humphrey's request in order to show that she was in attendance at the January 25, 2005 Minutes Chairperson Messner noted the correction to the minutes MOTION by Powell to approve the Consent Items 4A and 4B Second by Schultz Ayes Schultz, Zurn, Messner, Humphrey and Powell Nayes None Motion carried Public Hearing: 5A. Case 05 -07 -SP Celtic Crossing, LLC Site Plan Review. Assistant Planner Lindahl reviewed the staff report Celtic Crossing, LLC requests site plan approval to allow the construction of a 7,920 square foot multi- tenant retail center Chairperson Messner asked the Commission if they had any questions for Mr Lindahl Commissioner Schultz questioned Mr. Lindahl about the existing signage and striping of the drive thru if there is concern about the potential of the traffic Mr Lindahl stated that currently the black top area between the existing Shenanigans site and the Walgreen's area functions as a drive lane or an alley for the two sites The width does meet the 24 foot drive lane standard criteria although it narrows in the northern section Other than striping out of the Walgreen's area to guide traffic to the south, there is no additional striping or signage Mr Lindahl stated an option to implement should there be traffic problems is to add striping showing a more solid turn south out of Walgreen's and a sign to on- coming traffic to keep right Commissioner Powell asked about the minimum w idth that the driveway would have to be that the applicant is required to meet with his concern being if it was narrowed it 3 FINAL APr-,A W, E VOTE Dimensions rounded to nearest foot PLAT NAME MEADOWS OF BLOOMFIELD N TAXDESCRIPTION OUTLOT C :oPynght 2005 Dakota County his drawing is neither legally recorded map nor a survey and is not intended to be used as one his drawings a compilation ofnecords, information and data located in various city, county and tat. afic.s and other sources affecting the area shown and is to be used for reference purposes niy Dakota County is not responsible for any inaccuracies here r contained If discrepancies are rind, please conisci Dakota County Survey and Land Informabon Department lap Date February 17, 2005 Parcels Updated 116/2005 Aenai Photography 1990 SITE MAP PROPERTY ID NUMBER 34 -4a300 -030 -00 2004 ESTIMATED MARKET VALUES (PAYABLE 2005) 2004 BUILDING INFORMATION (PAYABLE 2005) FEE OWNER CENTEX HOMES LAND LOT SIZE (EXCLUDES NO DATA AVAILABLE 12400 WHITEWATER DR STE 12D BUILDING ROAD EASEMENTS) MiNNETONICA MN 55343 TOTAL 1 161 592 SO FT PAYABLE 20D4 TAXES SCHOOL DISTRICT 196 2667 ACRES NET TAX 000 LOCATION NWV4SE114 SECTION 21115 -19 SPECIAL ASSESSMENTS 000 TOTAL TAX SA D DO PAYABLE 2005 HOMESTEAD STATUS NON HOMESTEAD PAYABLE 2005 ASMNT USAGE AG WATERSHED DISTRICT VERMILLIONRIVER LAST QUALIFIED SALE DATE AMOUNT I ST W-- O Do f V AI.60A� F�eitLo 3 FINAL APr-,A W, E VOTE Dimensions rounded to nearest foot PLAT NAME MEADOWS OF BLOOMFIELD N TAXDESCRIPTION OUTLOT C :oPynght 2005 Dakota County his drawing is neither legally recorded map nor a survey and is not intended to be used as one his drawings a compilation ofnecords, information and data located in various city, county and tat. afic.s and other sources affecting the area shown and is to be used for reference purposes niy Dakota County is not responsible for any inaccuracies here r contained If discrepancies are rind, please conisci Dakota County Survey and Land Informabon Department lap Date February 17, 2005 Parcels Updated 116/2005 Aenai Photography 1990 MEADOWS OF BL OOMFIELD 3RD ADDITION PRELIMINARY Nor u< v I msr rNLSI ^rs o o r m;ra `sr i'"�i.m,.rm N es °""••w a. .m...r Ir /+v..XB wN.r o arl.r s Kxaois a waplYB+a «.wM. ro Iw w. NN i.e..e. os.x c..+ m m. 1+I.1. Lwu-vl.m o Ne.H. eapv rlm. u. manPo Y r I/.. le r x.u' Lixs[x xnu[p rt u IYmsou I w:.ae e v °i [mr., e.a t,Ma La «.rlw e......r.m M. mo....p ../.i c..M B el YM +.1. Yy Cvmmn.i.n f+cY.+ ..s.e m0 >j�vlrve Mr p.pny 0.rvirf w In w K Y @IXWryiB }N xppllpVty na p �.m+. .w. fvllan o/ Nr w wl; I M eu =1.1•m m y.l n MI .rfMa e ee l+.I�Y Srolul�: r SwIM 50.SpS S.bJ r v µel. i/pl...M b Ir Cr, p+ P il.1u Mw m Nww Br �v e< s nxrt N INxLAM /r sY .LN¢ Lm F Y.wwN My LWnM1..m E +D�+ o-r. >re— er BY wv. -o wpr« �cs r�s a61 w+.wN lVwrvr sb M. Cw.ro [v.rr [.nrlpwv. M.r owi..t M4 pxr nu Nn Br X .r. Y ^r iare ca�^rr Al [mu.nrw o+ [aYBCgavcxs �o Bs a wocurmB Fao /.oanw wDe i e e r. N.,,,.,.r. n «.,Im a sos ma D «..mr uM.wty u .qAw m. v M •ae 8em0 fnv Af. ]Y. b I11wr CmrY n +nv -x.Mv [OINfiY 1AVALNLA _I b Ne ws 10 b rr M. w+e/teI n NI. pd r Y(XgYS P YMYIBB NB .N'xb4 I..w..m paJ..ell.✓ev.w YNXyml sw. W. we rm+w ml. •en_ .b .I T4L Br [vwrr F.D....v -n.dro PoS.ro camfn vvvmr. calxrv,rc[wmF Bl L.unlr F«vW pycl. [MIF YM.N. E E 7 1 7 $51r5 WESTWOOD L f� tiw�P •�Y "ld MV e W Na ie v l TN `°,VeM vFrp'+ZOii R0 Va✓ i✓V .e i+�K ,...v iio a `wi w 8 1 i F Y �e'Y tl n °.r +mi„w" t° a •wW p 4 v r y r 'Y,�. ,t °ax t C o .z °J M Km w..u:+nH r>•+V+u r, rr` F s- r e QQO md w" of E f n v +ti-, 9 r r 1� r 6 p R^ r r'r i 'Y r w�F S v r v t r �M a �n r /r rye. r'rr la OL rk� FJIa• b .\.Y m J �1�� e :`4��d dQ Jr �r %.hp t`\ ,Yx¢ p }t rP qi Iq `w, 3rx x 'r 'l �)��t� ""vy ii C{!�, s° pa L K.6°o: 9 \•`S J' 8 e'g.� L r r �'=j' 8 TAr ✓wd \4i s �a" 8 i..r��ti, f_ irv�ll rr y^ °i.,n 'S M d r f f P° `.3..i �,4 L 5" n; �x :;5 n8 i 3, =.�tte,t r< LL x q't r m 4 1 1 1 k a .e i >w.h -,3 `t l" .S ir y Jh -Y l ._d' v ...rte m Fi t•.i RC Y t 7� �n. t �'�'��`wert� i r w�o� t 2,� .d It x e;i A. i�p, is im r,j `�E N e sz �,j.+r r� A� \r"�'> 5s p" r°" "ae k `c`., °9n;'ra'•dc w r y p i� r r� 1��� LL ti +v 'prtx�o w Y.- J Sm "y a �16VNIIM1�13bd Y x+•' °�+mm w fir/ Mr w Nalllaa% aSM0avr. a731 -00479 -0 w•xw QOOM -L om N,N'p°..Ir— IVw,ei IN f� u 0'V a rinm t«„s e �1 .p nPS+A S"pnonvav aw ^su em N pW nau a �Pta P`aa �ur SCE" 0 1 r` LZ ro ri ma aw riL P a al•SC'r ✓roam a r :.•�<ao 'invM «Wl'A�vv LLau Sl r «W3 G ell 4C a U S tead jW pOle NPIP ADOWS 3RD OF SLOOMFIELD ADDITION PREL1MINA Q 11 11 II II Pe sed.) Bm es r.rt +vdw y y r0 her n Fw -r I� t[��4• o~ H nY muY. I� l.nu. x i911 a pyar. C 4 N M mwn.nr a.+wd ne.. .r r a1Wmp+n. u FAu�ref !l e a i el con Wr p.P lne er Nw.e 4LUWlB p wesrw00 .te r v T score' 1 Y �y s a s wo G N NMMN j /I /F s�Z�� f�� \.�.4a�. I sip V f 0V 1