HomeMy WebLinkAbout6.m. Glendalough 6th Addition, U.S.Homes Final Plat 05-19-FP and Phase II PUD Major Amendment 05-20-AMDE
AGENDA ITEM: Cases 05 -19 -FP 05- 20 -AMD Glendalough
6th Addition (U.S Homes) Final Plat and
Glendalough Phase II (U S. Homes) PUD
Major Amendment
AGENDA SECTION:
Consent
PREPARED BY: Jason Lindahl, A.I.C.P.
Assistant City Planner
A� w;: N
ATTACHMENTS' Draft Preliminary Plat and Major PUD
Resolution, Draft Final Plat Resolution, Subdivision Agreement, Draft 04/26/05 PC
Minutes, Revised Preliminary Plat for
Glendalough Phase II, Final Plat for
Glendalough 6th Addition, Location Map
APPROVED BY:
OA)
RECOMMENDED ACTION: Staff recommends the following motions
1. Motion to adopt a Resolution approving a revised Preliminary Plat and Major
Amendment for Glendalough Phase 11 Planed Unite Development, subject to
conditions.
2. Motion to adopt a Resolution approving the Final Plat for Glendalough 6 Addition,
subject to conditions.
3. Motion to authorize the execution of the Subdivision Agreement for Evermoor
Glendalough 6 Addition.
ACTION:
City Council Meeting Date May 17, 2005
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
SUMMARY
Applicant Property Owner(s):
Location:
Area in Acres:
Number of Lots Density:
Number of Lots
Comp. Guide Plan Desig:
Current Zoning:
U.S. Homes (Lundgren Brothers)
Between Evermoor Parkway and Dodd Boulevard North of
Connemara Trail
73.46 Acres
'152 Lots 2 57 Units /Acres (Phase Two)
42 "Traditional" Single Family Lots (Glendalough 6th)
Urban Residential
R -1, Single Family Residential Evermoor Glendalough
Planned Unit Development (PUD)
The applicant, U.S. Homes (Lundgren Brothers), requests approval of a Major Planned Unit
Development (PUD) Amendment and Preliminary Plat for the second phase of the
Glendalough neighborhood in Evermoor. Overall, the PUD amendment and revised
preliminary plat eliminates private streets within the development, rearranges private open
space, and divide several outlots into individual single family lots.
In addition, the applicant requests final plat approval for Evermoor Glendalough 6 Addition
to plat 42 single family lots and two outlots for private recreational space. Glendalough is the
"Traditional Housing Neighborhood" section of Evermoor. As part of the original PUD, this
neighborhood has reduced setbacks in exchange for enhanced architecture, front porches,
and recessed or side loaded garages
PLANNING COMMISSION ACTION
The Planning Commission reviewed these applications and held a public hearing on these
items during their April 26, 2005 meeting. No comments were offered from the public during
the hearing. Staff noted in their presentation that the applicant will be required to submit
revised plans illustrating that all lots along Connemara Trail will have at least 135 feet of
depth to provide area for earthen berms, buffer yards or planting strips as required for all lots
adjacent to collector streets In addition, the Engineering staff noted the applicant will be
required to submit and receive approval of a grading plan for all of Glendalough Phase II.
The applicant has submitted revised plans consistent with these requirements. Staff
concluded their presentation to the Commission by noting a correction to condition 1.b,
changing the impervious surface coverage standard from "30 percent" to "35 percent"
consistent with the standard for Phase One. The Planning Commission unanimously
recommended approval of the above three items.
PUD AMENDMENT AND PRELIMINARY PLAT ANALYSIS
According to the new Planned Unit Development regulations approved by the City in late
2004, major amendments to a PUD may be approved by the City Council after review by the
Planning Commission These regulations list criteria to qualify as a major amendment This
application qualifies as a major amendment because it decreases the amount of open space
by more than five (5 percent or alters it in such a way as to change its original design or
intended use In sum, this amendment request eliminates private streets, rearranges private
open space, and divides several outlots into individual single family lots. These changes are
consistent with the original Evermoor PUD as well as the comprehensive plan, zoning, and
subdivision standards for properties in the R -1 District. Therefore, staff recommends
approval of the PUD Amendment and Preliminary Plat for Evermoor Glendalough Phase
Two. Details of the proposed changes are examined below.
Density. The original Glendalough neighborhood was designed to have smaller Tots and
reduced setback to replicate the design of older traditional neighborhoods. This design
included a few lots that did not meet the typical R -1 District lot size standards. However, the
density of individual buildings or lots within a PUD may exceed typical standards, provided
the density for the entire PUD does not exceed the permitted standards. In this case, both
the original and revised designs have densities below the 3 0 units per acre standard for the
Urban Residential land use classification, R -1 zoning district, and Evermoor PUD In fact, the
Minimum Lot Size, Average Lot Size, and Maximum Lot Size all increased as a result of the
plan revisions (see table below)
2
Proposed Glendalough PUD Changes
Category
Original
Proposed
Change
Percent Change
Public ROW
10.65
13.77
+3.12
+33%
Private Streets
1.37
0
-1.37
-100%
Outlots
19 55
14.42
-5 12
-27%
Min. Lot Size
9,000
9,750
+750
+8%
Max. Lot Size
23,361
39,780
+16,419
+70%
Avg. Lot Size
12,280
12,970
+690
+5 6%
Gross Density
2.09
2.07
-0 02
0.95%
Net Density
2.86
2.57
-0.29
-10%
Lot Design. The revised plat eliminated outlots along Connemara Trail which reduced the
area available to buffer these lots from noise and traffic along this road As a result, staff
recommended that a condition of approval require the applicant to redesign these lots to have
at least 135 feet of depth to provide area for earthen berms, buffer yards or planting strips as
required for lots adjacent to Collector Streets. The applicant has modified the plans
accordingly and the revised plans are included in this report.
Lot Coverage. The City approved an amendment to the Glendalough PUD for lot coverage
in late 2004. This amendment established a 35 percent impervious surface coverage
standard for Phase One and increased the standard up to 40 percent on selected lots. As a
result, staff recommends a condition of approval continue the 35 percent impervious surface
coverage standard for all lots in Evermoor Glendalough Phase Two.
Private Recreational Uses. The most significant changes in this plan are the rearranging of
the private recreational land and division of several outlots into individual single family lots
The original plan called for a private recreational space just to the north of Connemara Trail
along the Glendalough Trail entrance to the development In the revised plan, this amenity
grew in size by more than 7,000 square feet and was moved north to a more centralized
location at the intersection of Glendalough Trail and Couchtown Avenue North. While some
of the other "pocket" parks also grew, three outlots along Connemara Trail and one "pocket"
park along Tara Commons Trail were consolidated into adjacent residential lots.
All totaled, while the three major private common recreational spaces (outlots A, 8, D) all
increased in size, more than five acres of private common open space were redistributed into
individual signal family lots. Four of these acres were in outlots along Connemara Trail with
the majority of the remaining acre in outlot MM along the Dodd Boulevard on the west side of
the development. Removal of these outlots is consistent with previous Council action along
Connemara in other subdivisions within Evermoor. The initial preliminary plat showed small
slivers of private open space, which was to permit plantings and common areas. These goals
can still be achieved while combining the outlots into the adjacent residential lots.
Streets. The revised plans change Marion Square and Tara Commons Green from private to
public streets. These changes transfers 1.37 acres of roads from private to public ownership
3
and eliminates private streets within the Glendalough development. The most significant
result of these changes is that these streets were widened and the adjacent lots resized to
accommodate the additional area need for a public right -of -way.
Access Over the years of development in the Glendalough neighborhood, staff has noticed
a minor issue with driveway placement on lots adjacent to intersection but not on a corner. In
some cases, the homeowner selects a home design that places the driveway curb cut too
close to the intersection of the adjacent streets. As a result, staff recommends amending the
Evermoor PUD to require any lot adjacent to an intersection but not on a corner to position
driveway and curb cut on the opposite side of the lot from the street intersection This
change is necessary to improve sights lines and traffic movement.
FINAL PLAT ANALYSIS
Staff finds the final plat consistent with the PUD Amendment and revised Preliminary Plat.
The PUD Amendment and revised Preliminary Plat eliminate privates streets within the
development, rearranges private open space, and divides several outlots into individual
single family lots Overall, these changes are consistent with the original Evermoor PUD as
well as the comprehensive plan, zoning, and subdivision standards for properties in the R -1
District.
CONCLUSION RECOMMENDATION
Staff recommends approval of a Major Planned Unit Development (PUD) Amendment and
Preliminary Plat for Glendalough Phase Two as well as the Final Plat for Glendalough 6
Addition subject to conditions. Overall, these requests eliminate private streets within the
development, rearrange private open space, and divide several outlots into individual single
family lots. As part of the PUD Amendment approval, staff recommends establishing a
driveway setback for any lot adjacent to an intersection but not on a corner and continuing
the 35 percent impervious surface coverage standard approved for Phase One. These
approvals are consistent with the original intent of the Evermoor PUD as well as the
comprehensive plan, zoning, and subdivision standards for properties in the R -1 District.
4
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2005-
A RESOLUTION APPROVING A REVISED PRELIMINARY PLAT
AND A MAJOR AMENDMENT FOR GLENDALOUGH
PHASE II PLANNED UNIT DEVELOPMENT
WHEREAS, the Community Development Department of the City of Rosemount received an
application from U.S. Homes (Lundgren Brothers) requesting Preliminary Plat and a major
amendment for the Glendalough Phase II Planned Unit Development concerning property legally
described as:
Outlot D of Evermoor Glendalough, Dakota Couny, Minnesota.
WHEREAS, on April 26, 2005, the Planning Commission of the City of Rosemount reviewed
the Preliminary Plat and Major PUD Amendment applications for Glendalough Phase II to
eliminate private streets within the development, rearrange private open space, and divide several
outlots into individual single family lots, and
WHEREAS, on April 26, 2005, the Planning Commission of the City of Rosemount conducted a
public hearing for review of the Major PUD Amendment and Preliminary Plat as required by
Ordinance 13, the Zoning Ordinance and Ordinance B -91, the Subdivision Ordinance; and
WHEREAS, the Commission found the revised Preliminary Plat consistent with the spirit and
intent of the original Evermoor Glendalough PUD, the Comprehensive Plan, the Zoning
Ordinance, and the Subdivision Ordinance; and
WHEREAS, the Planning Commission of the City of Rosemount found the major PUD
amendment consistent with the spirit and intent of the original Evermoor Glendalough PUD, the
Comprehensive Plan, and the Zoning Ordinance; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the Preliminary Plat and Major PUD Amendment for Glendalough Phase II subject to
conditions; and
WHEREAS, on May 17, 2005, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation as well as the revised Preliminary Plat and the Major
PUD Amendment for Glendalough Phase II and adopted a motion for approval of both the
Preliminary Plat and the Major PUD Amendment subject to conditions.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the revised Preliminary Plat and Major Amendment for the Glendalough Phase II
Planned Unit Development, subject to:
1. Establishment of the 35 percent lot coverage standard for all lots in Evermoor
Glendalough Phase Two
ATTEST:
RESOLUTION 2005
2. M1 lots adjacent to an intersection but not on a comer shall position the driveway and
curb cut so it is not directly aligned with the on- coming road.
ADOPTED this 17` day of May, 2005 by the City Council of the City of Rosemount.
Linda Jentrnk, City Clerk
William H. Droste, Mayor
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
2
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2005
A RESOLUTION APPROVING THE FINAL PLAT
FOR GLENDALOUGH 6TH ADDITION
WHEREAS, the Community Development Department of the City of Rosemount received an
application from U.S. Homes (Lundgren Brothers) on March 22, 2005 requesting a Final Plat for
the Glendalough 6th Addition, legally described as:
Outlot D, EVERMOOR GLENDALOUGH, according to the recorded plat thereof, Dakota County,
Minnesota
AND:
Outlot E, OUTLOTS OF EVERMOOR, according to the recorded plat thereof, Dakota County,
Minnesota Together with the right -of -way of Dodd Boulevard as dedicated on said plat of
OUTLOTS OF EVERMOOR.
WHEREAS, on April 26, 2005, the Planning Commission of the City of Rosemount reviewed
the Final Plat for Glendalough 6th Addition and found it consistent with the revised Preliminary
Plat dated May 2, 2005; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the Final Plat for Glendalough 6th Addition, subject to conditions; and
WHEREAS, on May 17, 2005. the City Council of the City of Rosemount approved the Final
Plat for Glendalough 6th Addition after reviewing the Planning Commission's recommendation
and the Final Plat; and
NOW, THEREFORE BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Final Plat for Glendalough 6th Addition, subject to:
1. Approval of the Major Planned Unit Development (PUD) Amendment and revised
Preliminary Plat.
2. Execution of a Subdivision Agreement for Glendalough 6` Addition to secure public
infrastructure and private improvements including landscaping.
3. Payment of all applicable development fees.
ADOPTED this seventeenth day of May, 2005 by the City Council of the City of Rosemount.
William H Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by:
Voted in favor:
Voted against:
Member absent:
Second by:
2
RESOLUTION 2005
SUBDIVISION AGREEMENT
Glendalough 6th Addition
AGREEMENT dated day of 2005, by and between the CITY OF ROSEMOUNT, a
Minnesota municipal corporation, "City"), and LUNDGREN BROS. CONSTRUCTION, INC (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 Glendalough 6 Addition, which land is legally descnbed on
Attachment One, attached hereto and hereby made a part hereof (hereinafter referred to as the
"subject property").
2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the
following conditions:
a. Incorporation of recommendations of the City Engineer concerning design and installation of
public infrastructure and including grading, erosion control, streets and utilities.
b. Execution of a Subdivision or Development Agreement to secure the public and private
improvements.
c. Payment of all applicable fees including G.LS., Park Dedication and other fees identified in the
current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, trails,
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 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, original copies of which are on file with the City Engineer. The plans may be prepared,
subject to City approval, after entering this Agreement, but before commencement of any work on
the Subject Property. If the plans vary from the written terms of this Agreement, the written terms
shall control. The plans are:
Plan A Plat
Plan B Soil Erosion Control Plan and Schedule
1
Glendalough 6 Addition
5/10/2005
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 August 25 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 secunty posted by the Developer to reflect cost increases and the
extended completion date.
8. Public Infrastructure. The following improvements, known as City Project #395, shall be
designed, inspected, surveyed and administered by the City and installed in the Subject Property at
Developer expense by a Contractor selected by the City through the public bidding process:
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks/Pathways
(Hereinafter referred to as "Public Infrastructure Improvements
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 of plat and subdivision approval have been met, the plat is recorded and
the City has received the bonds and security required by this agreement.
2
Glendalough 6 Addition
5/10 /2005
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 Three Hundred Thousand Dollars
($300,000) 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 Two Million, Two Hundred Thirty Thousand Dollars
($2,230,000) (which is 110% of the estimated construction costs ($2,300,000) less the initial
deposit), conditioned on the prompt and faithful performance by Developer of its obligations
under this paragraph 9. This letter of credit may be combined with any other letter of credit
given to secure performance under this 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
under this paragraph, does not exceed the expenses actually incurred by the City in the
completion of the Public Infrastructure Improvements.
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
]mpro� ements (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:
3 Glendalough 6 Addition
5/10/2005
a.) $49,500 Landscaping
b) $386,221 Al] Other Improvements
which is 110% of the estimated cost of the Developer Improvements. The amount of the secunty
was calculated as follows.
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with the terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement hi the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with wntten notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two
(2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter
of credit may be reduced from time to time as financial obligations are paid and developer installed
improvements completed to the City's requirements.
11. Grading Plan /Site Grading. Site grading shall be completed by the developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be coordinated by
the City in conjunction with the installation of utilities. Developer shall famish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
4 Glendalough 6 Addition
5 /10/2005
Cost
110%
Landscaping
$45,000
S49,500
Grading Erosion Control
$257,110
$282,821
Pond Restoration and Erosion
Control Removal
$25,000
$27,500
Survey Monumentation
$21,000
$23,100
Retaining Walls
Street Lighting (6 lights)
S48,000
$52,800
Buffer Monumentation
Park Equipment/Improvements
Wetland Restoration/Mitigation
Wetland Monitoring
Total
$351,110
$386,221
a.) $49,500 Landscaping
b) $386,221 Al] Other Improvements
which is 110% of the estimated cost of the Developer Improvements. The amount of the secunty
was calculated as follows.
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with the terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement hi the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with wntten notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two
(2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter
of credit may be reduced from time to time as financial obligations are paid and developer installed
improvements completed to the City's requirements.
11. Grading Plan /Site Grading. Site grading shall be completed by the developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be coordinated by
the City in conjunction with the installation of utilities. Developer shall famish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
4 Glendalough 6 Addition
5 /10/2005
Cost
110%
Landscaping
$45,000
S49,500
Total
$45,000
S49,500
a.) $49,500 Landscaping
b) $386,221 Al] Other Improvements
which is 110% of the estimated cost of the Developer Improvements. The amount of the secunty
was calculated as follows.
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with the terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement hi the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with wntten notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two
(2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter
of credit may be reduced from time to time as financial obligations are paid and developer installed
improvements completed to the City's requirements.
11. Grading Plan /Site Grading. Site grading shall be completed by the developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be coordinated by
the City in conjunction with the installation of utilities. Developer shall famish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
4 Glendalough 6 Addition
5 /10/2005
development to the City as the site grading is completed by phase, with street and lot grades. If the
Installation of utilities is occurnng 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 Subj ect Property to perform all work and inspections deemed appropriate by the
City during the installation of Public Infrastructure Improvements.
13. Erosion Control Pnor 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 backfillrng 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 nght 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 nghts 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 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 debns from the
streets After 48 hours verbal notice to the Developer, the City will complete or contract to complete
the dean 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
5 Glendalough 6 Addition
5/10/2005
establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit
A.
16. Ownership of Improvements. Upon completion and City acceptance of the work and
construction required by this Agreement, the public improvements lying within public rights -of-
way and easements shall become City property without further notice or action unless the
improvements are slated as private infrastructure.
17. Warranty. The Developer warrants all work required to be performed by it against poor material
and faulty workmanship for a penod of two (2) years after its completion and acceptance by the
City All trees, grass and sod shall be warranted to be alive, of good quality and disease free for
twelve (12) months after planting.
18. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the
City in conjunction with the development of the Subject Property including, but not limited
to, Soil and Water Conservation District charges, legal, planning, engineering and inspection
expenses incurred in connection with approval and acceptance of the subdivision and the
plat, the preparation of this Agreement and any amendments hereto, and all costs and
expenses incurred by the City in monitoring and inspecting 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 which
the City may pay or incur in consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement
of this Agreement, including engineering and attorney's fees. The estimated City fees of
S483,605 (which is 5518,605 less the initial deposit of 535,000) shall be deposited with the
City at the time this Agreement is signed, and represent the following estimates.
$356,000 Engineering Fees ($391,000 $35,000 deposit)
$5,000 Attorney Fees
$115,000 5% City Fees
$1,440 Street Light Energy Cost
$6,165 Seal Coating
$483,605
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
6 Glendalough 6 Addition
5/10/2005
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 fights installed within the Subject Property
for 24- months at a cost of $5 /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.
19. Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time
of, execution of any plat by the City:
A. Park dedication fees in the amount of $0.
B. Geographic Information System (GIS) fees in the amount of $2,310.
C. Storm Sewer Trunk Area Charges in the amount of $387,185.55.
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 Subject Property the 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 $1,450).
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 SAC unit (currently at $1,410 /SAC unit for single family
residential and multi family residential).
E. Trunk Sanitary Sewer Charge per Unit (currently at $348.34/unit)
F. Trunk Water Charge per Unit (currently at $1,403.34 /unit)
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.
7 Glendalough 6 Addition
5)10/2005
C. All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
D. All building permit fees are paid in full
F. No early building permits will be issued unless developer present to the City, a figure
depicting access routes for emergency vehicles and inspection vehicles that is approved by the City.
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 wnting by the City Engineer.
22. Developer's Default. hi the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than 48 hours in advance. This Agreement is a license
for the City to act, and it shall not be necessary for the City to seek a court order for permission to
enter the land. When the City does any such work, the City may, in addition to its other remedies,
levy the cost in whole or in part as a special assessment against the Subject Property. Developer
waives its nghts to notice of hearing and heanng 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
8 Glendalough 6 Addition
5/10/2005
of public improvements and damage to public improvements caused by the City, Developer,
its contractors, subcontractors, materialmen, 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 venting,
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 Developer shall take such steps, including execution of amendments to this Agreement,
as are necessary to effect the recording hereof. After the Developer has completed the work
required of it under this 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 arising, available to
the City, at law or in equity, or under any other agreement, and each and every nght, power
and remedy herein set forth or otherwise so exciting may be exercised from time to time as
often and in such order as maybe deemed expedient by the City and shall not be a waiver of
the nght to exercise at any time thereafter any other nght, power or remedy.
I. 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:
Lundgren Bros. Construction, Inc.
935 E Wayzata Boulevard
Wayzata, MN 55391
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.
9 Glendalough 6 Addition
5/10 /2005
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
STATE OF MINNESOTA
COUNTY OF DAKOTA
STATE OF MINNESOTA
COUNTY OF DAKOTA
of the said
Drafted By:
Czty of Rosemount
2875 145th Street West
Rosemount, MN 55068
SS
ss
CITY OF ROSEMOUNT
BY:
BY:
BY:
BY:
William H. Droste, Mayor
Linda Jentink, City Clerk
Its
Its
The foregoing instrument was acknowledged before me this day of
2005, 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
The foregoing instrument was acknowledged before me this day of
2005 by and
a on behalf
Notary Public
10 Glendalough 6 Addition
5/10/2005
EXHIBIT A
The following clanfies 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 secunty 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 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 i� etlands ($50 pei 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).
11 Glendalough 6` Addition
5/10 /2005
No
Item
Cost
110%
Calculation
1
Grading and Erosion Control
257,110
282,821
53500(acrc 73 46 acres
2
Pond Restoration and Erosion Control Removal
25,000
27,500
115,000
3
Survey Monumentation
21,000
23,100
$500 /lot 56 lots
4
Retaining Wall
5
5
5
Street Lights
48,000
52,800
10 fights $4000 /light
6
Buffer Monumentation
Paid with building permit
7
Park Equipnent/Improvements
5
5 389,496
8
Wetland Restoration)Mitigation
9
Wetland Monitoring
Total
351,110
5 386,221
No
Item
Cost
Calculation
I
Engineering Fees
356,000
l7% of the Construction Cost less initial $35,000 depostt
2
Attorney Fees
5,000
Estimate
3
5% City Fees
115,000
5% of Construction Cost
4
Street Light Energy Cost
1,440
12 lights 24 months $5 /month
5
Seal Coating
6,165
50 60 /SY 10,275 SY
5
Total
S 483,605
No
Item
Cost
Cost
Calculation
1
I
Park Dedication
5 2,530,000
2
Less Initial Cash Deposit
2
GIS Fees
2,310
555 /lot *42 units
3
Storm Sewer Trunk Charge
5 387,186
$6015 /acre minus pending to HWL
(64 37 acres)
5
Sanitary Sewer Trunk Area Charge
49 500
Paid with building permit
6
Watermam Trunk Area Charge
Paid with building permit
Total
5 389,496
No
Item
Cost
110%
Calculation
1
Estimated Construction Cost
2,300,000
5 2,530,000
2
Less Initial Cash Deposit
49,500
(300,000)
Total
5 2,230,000
No
Item
Cost
110%
Calculation
1
Estimated Landscaping Cost
45
000
49,500
Total
49 500
Letter of Credit for Developer Improvements
EXHIBIT B (Page 1 of 2)
Letter of Credit for Public Infrastructure
Letter of Credit for Landscaping
City Fees
Development Fees
No. Lots
Block Total Lots
Lot Block SQ FT Acres
Total
Gross
Ponding
Park
Dedicated
1
4
acres
acres
acres
acres
acres
1
1
11567 80
0.27
2
10
2
1
11567 80
0 27
3
13
3
1
1118010
026
4
8
4
1
12208 10
0 28
5
7
1
2
12421 90
0 29
Total
42
2
2
1138330
0 26
Plat Area 73.46
Del? Area 64.37
to HWL— 9.09
Dedication= 0.00
ROW= 4.55
3
2
13462 90
0 31
4
2
15401 80
0 35
5
2
14932 30
0 34
6
2
1476160
034
7
2
10938 00
0 25
8
2
12880 20
0 30
9
2
14752 30
0 34
10
2
13987 60
0 32
1
3
12107 90
0 28
2
3
10995 80
0 25
3
3
1093500
025
4
3
13525 40
0.31
5
3
13113,90
030
6
3
9720 00
0 22
7
3
12048 70
0 28
8
3
13138 00
0 30
9
3
12797 70
0 29
10
3
9750 00
0 22
11
3
9750 00
0 22
12
3
10938 60
0 25
13
3
12423 20
0 29
1
4
1116900
026
2
4
10125 00
0 23
3
4
10125 00
023
4
4
11131 60
0 26
5
4
1 1 131 60
0 26
6
4
1012500
023
7
4
1012500
023
8
4
H475 00
0 26
I
5
1981250
0 45
2
5
12227 70
0 28
3
5
11163 50
0 26
4
5
10743 40
0 25
5
5
10743 40
0 25
6
5
10743 40
0 25
7
5
12600 30
0 29
Outlot A
2353983 9
54 04
Outlot B
14343 9
0 33
Outlot C
73962 6
1 70
Outlot D
53292 0
1 22
ROW 1
180568 8
4 15
ROW 2
11400
026
ROW 3
6308 4
0 14
Boundary Check
3199991 2
73 46
Pondmg to HWL
0
0 00
EXHIBIT B (Page 2 of 2)
r
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a m
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Public Hearing:
5A. Case 05 -19 -FP Glendalough 6th Addition (U.S. Home) Final Plat and Case 05-
20-AMD Glendalough Phase II (U.S. Home) PUD Major Amendment.
Assistant Planner Lindahl reviewed the staff report. The applicant, U.S. Homes
(Lundgren Brothers), requests approval of a Major Planned Unit Development (PUD)
Amendment and Preliminary Plat for the second phase of the Glendalough neighborhood
m Evermoor. Overall, the PUD amendment and revised preliminary plat eliminates
pnvate streets within the development, rearranges private open space, and divide several
outlots into individual single family lots. Mr. Lmdahl concluded his presentation by
stating that there was a type -o in condition 1.b. This condition should read "35 percent"
rather than "30 percent." The Commissioner noted the change.
In addition, the applicant requests final plat approval for Evermoor Glendalough 6th
Addition to plat 42 single family lots and two outlots for private recreational space.
Glendalough is the "Traditional Housing Neighborhood" section of Evermoor. As part of
the original PUD, this neighborhood has reduced setbacks in exchange for enhanced
architecture, front porches, and recessed or side loaded garages.
Chairperson Messner asked the Commission if they had any questions for Mr. Lindahl.
There were no questions for Mr. Lindahl.
Chairperson Messner opened the Public Hearing. There was no public comment.
MOTION by Zurn to close the Public Hearing. Second by Schultz. Ayes:
Schultz, Zurn, Messner, Humphrey and Powell Nayes: None Motion carried.
Chairperson Messner asked if the applicant would like to come forward and address the
Planning Commission. Jay Liberacki, Lundgren Brothers Construction Company, stated
that staff sununanzed the changes well and he'd take any questions from the
Commission.
Chairperson Messner asked the applicant if there were any changes in the housing
product. Mr. Liberacki stated the current housing plans have been successful He has
been pleased with the results and is ready to build more homes.
Commissioner Powell questioned staff as to why the roads were private in the first place.
City Planner Pearson stated the onginal plan was to have one -way loops; however, this
tends to be a burden on the HOA. With this plan, the roads will be more exclusive and
the streets will meet the City standards.
MOTION by Powell to recommend the City Council approve the Major Planned
Unit Development (PUD) Amendment and Preliminary Plat for the EN ermoor
Glendalough Phase Two, subject to the following conditions:
a. Redesign the lots along Connemara Trail to have at least 135 feet of depth to
provide area for earthen berms, buffer yards or planting stnps as required for
lots adjacent to Collector Streets pnor to City Council action on this item.
b. Establishment of a 35 percent lot coverage standard for all lots in Evermoor
Glendalough Phase Two.
c. Review and approval of a grading plan for all of Evermoor Glendalough
Phase Two prior to City Council action on the PUD Amendment, Preliminary
Plat, and Final Plat.
d. All lots adjacent to an intersection but not on a comer shall position the
driveway and curb cut so it is not directly aligned with the on- coming road.
Second by Zurn. Ayes: Schultz, Zurn, Messner, Humphrey and Powell. Nayes:
None. Motion earned.
MOTION by Messner to recommend the City Council approve the Final Plat for
Evermoor Glendalough 6th Addition subject to:
a. Approval of the Major Planned Unit Development (PUD) Amendment and
revised Preliminary Plat.
b. Execution of a Subdivision Agreement for Glendalough 6 Addition to secure
public infrastructure and private improvements including landscaping.
c. Payment of all applicable development fees.
Second by Powell. Ayes: Schultz, Zurn, Messner, Humphrey and Powell.
Nayes: None. Motion carried.
Mr. Lindahl Indicated the follow -up for this action will be staff presenting the
recommendations to the Council on May 17, 2005.
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SITE MAP
NOTE Dimensions rounded to nearest foot
Copynght 2005, Dakota County
This drawing is neither a legally recorded rrep nor a survey and is not intended to be used as one
This drawing is a compraton of records Inforrrabon and data located in vanaus city cowry and
state offices and other sources affecting the area shown, and s to be used for refe-enoe purposes
only Dakota County is not responsible for any maccuraoes nerem contained If dacrepanc es are
found, please contact Dakota County Survey and Land Information Department
Map Date Apni 21 2005 Parcels Upcated 4(7/2005 Aenal Photography
N