Loading...
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 W t a m vi 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. g w e F. F. 0 N -0 bet r- m r 0 ga N 1 1 °sg Ras 4C(/A'T Hlli.` TM= ..o,.mON 0 mm q. of wroi o lmuan o[wuanr /mu P. w. s /./2 .r u,. W' J/4 S.0 v N 89•0535" E J /30979 1 I 1 a °s ✓s c p ar i N 1 \`�o�� \mss 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