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HomeMy WebLinkAbout6.p. Crosscroft 3rd Addition (D.R. Horton) Preliminary Plat and Final Plat and CrossCroft 3rd Addition (D.R. Horton) PUD Major Amendment 06-07-PP and 06-09-FP and 06-08-AMDAGENDA ITEM: 06 -07 -PP and 06 -09 -FP Crosscroft 3 Addition (D.R. Horton) Preliminary Plat and Final Plat and 06- 08 -AMD Crosscroft 3rd Addition (D R. Horton) PUD Major Amendment AGENDA Consent SECTION: 1 6 v PREPARED BY: Kim Lindquist, Community Development Director AGENDA NO. ATTACHMENTS: Draft Resolutions, Subdivision Agreement, PUD Amendment Agreement, 03/14/06 PC Minutes, Location map, Preliminary Plat and Final Plat reductions, PUD Amendment Plans and Building Elevations APPROVED BY RECOMMENDED ACTION: 1 Motion to adopt a resolution approving the Preliminary Plat and Final Plat, subject to conditions. 2. Motion to adopt a resolution approving the PUD Major Amendment, subject to conditions. 3. Motion to authorize execution of the Subdivision Agreement. 4. Motion to authorize execution of the PUD Amendment Agreement. 4 ROSEMOUNT CITY COUNCIL City Council Regular Meeting: April 4, 2006 EXECUTIVE SUMMARY ISSUE D.R. Horton is requesting approval of a major amendment to the approved planned unit development (PUD) for the Crosscroft area of Evermoor Crosscroft is a detached townhouse area intended for seniors The portion of Crosscroft was to be developed for 67 additional senior or "hfestyle" detached townhouse units. Approval of the amendment will reduce the number of new hfestyle units to 12 within the subject property and inttoduce 35 conventional single -family lots. The result will be a net reduction of 20 dwelling units from the Crosscroft area. The requested approvals also include a preliminary plat for the design revisions to grading, lots, streets, storm water and utilities; and a final plat for the resulting lots and easements. BACKGROUND Crosscroft is part of the Evermoor PUD as the "active seniors" neighborhood originally approved in June of 2000. The Crosscroft area was designed to have individual houses with a cottage character on small lots with private streets. A major PUD amendment was approved in June of 2001, which refined the street design, outer boundaries and enlarged the clubhouse site. At that time, the approval was for 217 lots. The PUD also included heavily landscaped neighborhood edges to screen dissimilar housing types tesultmg in a self contained character with only two entrances. As development occurred, changes to the grading plan resulted in the loss of 2 lots near the pedestrian underpass m the cul -de -sac area of Crosschffe Place. Applicant D.R Horton, Inc Location: North of Connemara Trail, between the water tower and Crosscroft Avenue. Area: 20.85 acres Lots: 12 "Lifestyle" Senior detached townhouses a reduction from 67 35 Single -Family detached lots averaging 14,477 sq. ft. Density: 2.25 du. ac. (Gross) 3.37 du. ac (Net -minus open space, pond private streets) Surrounding edges: North: Ctosscroft lifestyle (Senior detached townhouses) Northeast: Crosscroft lifestyle (Senior detached townhouses) South southeast Connemara Trail with Clare Downs single family detached housing on the south side. Southwest corner: Connemara Trail watertower West. Single family detached housing m the Country Hills area fronting on Shannon Parkway. Setbacks: Lifestyle or "Senior" lots: Front Side Rear 35 feet (to private street) 6 feet 15 feet Single- Family "Large" lots: Front and street -side Side Rear 35 feet (to private street) 10 5 feet (garage) 20 feet* *increases to 40 feet along Connemara Trail. PUD AMENDMENT The PUD amendment is to substitute more conventional single family housing into what was ongmally a detached townhome project. The 20 acre site will have three pnvate streets stubbed to the north and northeast edges Therefore there will be several components of the PUD amendment that will be maintained for consistency with the original PUD, and yet integrate the new single -family housing: 1. The streets for both the completion of Crosscroft senior and the new single family large lots will be pnvately owned and maintained by the homeowner's association, This is necessary because the pattern has already been set with two private streets stubbed to the edge of the development area. 2. Open space will separate the PUD amendment area from the lots along Shannon Parkway and the water tower. The grading and storm water design uses much of this area for drainage and ponding Landscaping will define the outer edges of the open space as it backs up to the houses of Country Hills on the west side. 3. Landscaping will be installed along the edges of the PUD amendment area to separate the dissimilar housing styles senior detached townhouses from the larger single- family 4. The opportunity to provide garden plots is available in open space separating the senior and large lots These plots were previously mentioned in the vanous Crosscroft discussions but never identified on a plan. The large lots will be five feet wider and a minimum of 1,000 sq ft larger in area than typical R single family lots. What makes them unique is that they will front on pnvate streets with half of the normal right -of -way width Setbacks will be measured from a property line located one foot from the street curb,. The front yard setbacks are 35 feet instead of the typical 30 feet However, the lack of a standard boulevard right -of -way will result in the front elevations being up to ten feet closer to the street Housing Styles The 12 remaining Crosscroft senior lots will be developed according to the standards estabhshed in the original PUD The housing is a single -story with a look -out or walk -out basement. All units have attached two -car garages in the front elevation alongside the front entrance and a bay window feature. Staff is not 2 anticipating new examples of housing elevations in the completion of the Crosscroft area. The new single- family detached housing will be two -story with attached three -car garages. The houses will be adaptable for rambler, look -out or walk -out basement options. All of the lots will be wide enough for the three -car garages Elevanons of the proposed housing style will be included with the PUD Agreement exhibits. PRELIMINARY PLAT (REVISION) The amendment area has already been graded in support of the original design. Therefore, the revisions to the plan are minimal. The two streets that are stubbed out from Crosscroft Avenue will be extended as cul -de -sacs. They will be connected with a segment of Crossmoor Avenue. The southerly cul -de -sac will have a new connection to Connemara Trail across from Claredowns Way This new Connemara Trail connection will give the new large lots their own entrance. This arrangement is preferable to forcing all of the large lot traffic through the Crosscroft neighborhood streets. Another change is the disconnection of Crossmoor Avenue. The original design had Crossmoor Avenue connect all the new streets as a winding spine street. The new design terminates Crossmoor Avenue as a half circle with senior units arrayed around the outer edge to complete the senior neighborhood Linked open space then separates the senior lots from the new large lots. Street dimensions Proposed pnvate street right -of -way width: Standard pubhc street right -of -way width: Proposed private street width: Standard local public street width: 31 feet 60 feet 28 feet curb face to face with parking on one side only. 32 feet curb face to face Islands had originally been included in the large lot cul -de -sacs, and may show up in some drawings. However, they will not be constructed. The only island will be in Crossmoor Court. Landscaping The landscaping plan provides: PUD Amendment 130 shade or boulevard trees 54 ornamental trees 41 evergreen trees 294 shrubs Origjjjal PUD 114 49 15 243 Sizes Mostly 2 inches in diameter. 10 ft. tall to 2 inches in diameter. Six foot minimum size. 24" height The landscaping plan quantities have been increased from the original Evermoor landscape master plan as amended. Generally speaking, there are more than twice as many boulevard trees than minimum residential standards require. The reduction of ornamental trees occurred with the substitution to boulevard trees on the cul -de -sacs. There are also tree and shrub plantings around the perimeter of pond areas and the outer edges of the development. A buffer line of evergreen and shade trees has been added to separate the back yards of the new large lots adjacent to existing senior lots. The PUD had high expectations for landscape performance partly because of the tree replacement requirement and the implementation of mitigation strategies from the AUAR environmental review process. The various open spaces in the amendment area are generally programmed for drainage, ponds and screening Landscaping One exception is a small open area called Anne's Grove between Blocks 1 and 2 that is linked to an existing trail The existing trail connects Crossglenn Path and Crosschffe Path The trail will be extended into the open space and terminate at a bench. The edges of the open space will be landscaped with a variety of trees and shrubs. Eight garden plots measuring 10 ft. x 15 feet are shown m 3 the center of the open space. Garden plots have been discussed in the Crosscroft area, and the drawing of Anne's Grove illustrates size and locanon. There appears to be no conflict between the garden plots and storm water management functions. The Crosscroft association will determine whether the garden plots will be installed and maintained. Sidewalks Sidewalks will be installed: Block 1 along the northern edge of Outlot A and Lots 8 -12 along Crossmoor Ave.; Block 2, Lots 17, 18, 19 and 20 along Crosscroft Place; and Lot 26 at Claredowns Way; and, Block 4 along all three street edges of Crosschffe Path, Crossmoor Avenue South and Crosscroft Place. Staff recommends addtnonal sidewalk extended along Lots 1 and 2, Block 2. The sidewalk currently terminates mid block. The extended sidewalk would terminate at the intersection with Crossmoor Avenue South. Drainage Grading The grading design provides for a variety of lot styles ranging from walk -out to ramblers. Most of the lots adjacent to open spaces have walk -out or look -out basements, and dram to the outlots. The largest open space is Outlot D between the two cul -de -sacs and it contains both a wetland and a pond. Storm water will be channeled from this area to a catch basin along the western property line with the Country Hills development. From there, it will be conveyed to an existing pond further west within the Country Hi lls area. Rambler lots are shown along Connemara Trail and along the south side of "Anne's Grove Block 4, which is adjacent to existing senior lots has both look -out and rambler lots to blend with the established grades on the edge of the preliminary plat area The Engineering review offers the following comments: 1. The storm water management plan has been reviewed and is consistent with the City's requirements. 2. A storm water pollution prevention plan (SWPPP) shall be submitted with the final grading plan 3. A conservation easement shall be provided over Outlot D. FINAL PLAT Final plat approval is essentially guaranteed if it is consistent with an approved preliminary plat. The final plat is a survey document that will be recorded creating the actual boundary lines for individual lots for sale as well as outlots that serve the plat area for streets, open space and ponds In this case, the only differences between the preliminary and the final plats are rounded numbers in the lot dimensions. The preliminary plat dimensions are rounded to the nearest whole foot. The final plat dimensions are refined to hundredths of a foot and include directional detail. The final plat also includes easements for drainage and utilities Engineering staff have recommended that a conservation easement be recorded over Outlot D This will help ensure against encroachments into the pond areas. Such easements are not normally shown on the plat and would have to be recorded as a separate document. CONCLUSION The PUD amendment completes the Crosscroft senior housing at an appropriate location and effectively creates a transition between the new large lots and the approved semor units. Addmonal landscaping also enhances the neighborhood edges. The comparatively few recommended conditions speak to the resolution of the design of the preliminary plat. Execution of a PUD amendment agreement, the conservation easement, sidewalk extension and storm water pollution prevention plan are sufficient to administer the plan revisions. 4 Staff has compared the Crosscroft 3' Addition preliminary plat with the final plat and found them to be consistent. Furthermore, the Crosscroft 3"' addition lots and private street cross sections are consistent with the lot dimensions of the ongmal PUD as well. RECOMMENDATION Approve attached resolutions, subdivision agreement and PUD amendment agreement 5 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2006- A RESOLUTION APPROVING THE PRELMINARY PLAT AND FINAL PLAT FOR EVERMOOR CROSSCROFT THIRD ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from D.R. Horton Minnesota requesting Preliminary Plat and Final Plat approval concerning property legally described as ATTEST: Outlot D, EVERMOOR CROSSCROFT, according to the recorded plat thereof, Dakota County, Minnesota. WHEREAS, on March 14, 2006, the Planning Commission of the City of Rosemount held a pubhc hearing and reviewed the Prehrmnary Plat for Evermoor Crosscroft Third Addition; and WHEREAS, on March 14, 2006, the Planning Commission recommended approval of the Preliminary Plat and Final Plat, subject to conditions, and WHEREAS, on April 4, 2006, the City Council of the City of Rosemount reviewed the Planning Commission's recommendations; and NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Preliminary Plat and Final Plat, subject to: 1. Approval of homeowner's association documents by the City Attorney to ensure the maintenance and replacement of the private streets and amenities serving Crosscroft 3'd Addition. 2. Recording of a conservation easement for Outlot D. ADOPTED this 4th day of April, 2006 by the City Council of the City of Rosemount. James D. Verbrugge, Deputy City Clerk William H Droste, Mayor Motion by: Second by: Voted in favor. Voted against Member absent: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2006- A RESOLUTION APPROVING A PUD MAJOR AMENDMENT FOR EVERMOOR CROSSCROFT THIRD ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from D.R. Horton Minnesota requesting PUD Major Amendment approval concerning property legally described as- Outlot D, EVERMOOR CROSSCROFT, according to the recorded plat thereof, Dakota County, Minnesota. WHEREAS, on March 14, 2006, the Planning Commission of the City of Rosemount held a public heating and reviewed the PUD Major Amendment that will reduce the total number of life -style small lots to 150 from the original 217 in the Evermoor Crosscroft Third Addition; and WHEREAS, on March 14, 2006, the Planning Commission recommended approval of the PUD Major Amendment, subject to conditions; and WHEREAS, on Apnl 4, 2006, the City Council of the City of Rosemount reviewed the Planning Commission's recommendations, and NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the PUD Major Amendment, subject to: 1 Execution of a PUD amendment agreement. 2. Incorporation of comments from the City Engineer regarding drainage, grading, easements, storm water improvements, streets and utilities including A conservation easement shall be provided over Outlot D. A storm water pollution prevention plan (SWPPP) shall be submitted with the final grading plan. 3. Extending the sidewalk along Lots 1 and 2, Block 2 to the mtersectton of Crosscliffe Path and Crossmoor Avenue South ADOPTED this 4th day of April, 2006 by the City Council of the City of Rosemount. ATTEST: William H Droste, Mayor James D. Verbrugge, Deputy City Clerk Motion by: Second by: Voted m favor: Voted against: Member absent: SUBDIVISION AGREEMENT Crosscruft 3rd Addition AGREEMENT dated this day of 2006, by and between the CITY OF ROSEMOUNT, a Minnesota mumctpal corporation, (the "City and D R NORTON, (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 Crosscroft 3rd Addition, which land is legally described on Attachment One, attached hereto and hereby made a pact hereof (heremaftei referred to as the "subject pioperty 2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following conditions a. Incorporanon 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 secuie the public and private mnpt ovements c. Payrncnt of all applicable fees including G.I S., Park Dedication and other fees identified in the cunent fee schedule. d. Incoipotatton of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and uultues 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 iemeclied Development of subsequent phases may not proceed until Subdivision Agreements for such phases are approved by the City. 4. Effect of Subdivision Approval. Pot two (2) years from the date of this' Agreement, no amendments to the City's Conipi ehensive Plan, except an amendment placing the plat m the current urban service area, or official controls shall apply to 01 affect the use, development density, lot size, lot layout of dedications of the approved plat unless required by state or federal law or agreed to writing by the City and the Developer Thereafter, notwithstanding anything in this Agtecmcnt to the contrary, to the full extent permitted by state law, the City may requne compliance with any amendments to the City's Compiehensive Guide Plan, official controls, platting or dedication requirements enacted aftet the date of this Agreement. 5. Development Plans. The subject property shall be developed m accordance with the following plans, original copies of which ate on file with the City Engineer. The plans Ina) be prepared, subject to City apps oval, 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 terns shall control. The plans are: Plan A Plat Plan B Soil Etosion Control Plan and Schedule Plan C Drainage and Storm Water Runoff Plan Plan D Plans and Specifications for Pubhc Improvements Plan E Grading Plan and House Pad Elevations Plan 1 Street Lights Plan G Landscape Improvements Crosscroft 3rd Addition 03/21/2006 Page 1 of 10 6. Installation by Developer. The Developer shall install or cause to be installed and pay for the following, hetctnaftet referred to as the "Developer Improvements A Street Lights B. Setting of Lot and Block Monuments C. Survcytng and Staking of work iequired to be performed by the Developer. D. Gas, Electric, Telephone, and Cable Lines E. Site Grading F. Landscaping G. Othei items as necessary to complete the development as stipulated herein or in other agreements 7. Time of Performance. The Developer shall install all requited improvements enumerated in Paragraph 6 which will serve the subject property by Octobei 31'', 2007. The Developer may, however, request an extension of tune from the City If an extension is granted, it shall be conditioned upon updating the secuiiti posted by the Developer to reflect cost increases and the extended completion date 8. Public Infrastructure. The following unpiovements, hereinafter referred to as "Public Infrastructure Improvements" (known as City Project 403), shall be designed, inspected, surveyed and adrnuustered 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. Watcunan C. Storm Sewer D. Streets (private) E Sidewalks /Pathways (private) Attachment One shows the area within which the Public Infrastructure Improvements will be constructed pursuant to this Paiagraph. 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. 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 construcuon, installation and maintenance of the Public Infiastructure Improvements, the 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, the Developer will pay to the City a cash deposit in the amount of Two Hundred Thousand Dollars (5200,000) to cover one or moth peuochc payments to the City's contractor. Such deposit and later payments to the deposit as provided 111 this paragraph will be held by the City and used to pay the City's contractor for Public Infrastucture Improvements and no other purpose Crosscroft 3rd Addition 03/21/2006 Page 2 of 10 b. From tune 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 nonce specifying an amount due from the Developer to ieplemsh the deposit, as determuicd 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 three (3) weeks after receipt of notice by the Developer. c. No interest will be paid or credited to the 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 the Developer d. Upon execution of this Agreement, the Developer will provide a letter of credit m form satisfactory to the City in the amount of Seven Hundred Four Thousand, Seven Hundred Fifty Dollars ($704,750) [winch is 110% of the estunated construction costs ($822,500) less the initial deposit of $200,0001, conditioned on the prompt and faithful performance by the 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 die form thereof is approved by the City. e. In the event the City does not recover its costs for completing the Public Infrastructure Improvements under the provisions of this paragraph, as an additional remedy, the City may, at its option, assess the Subject Property in the manner provided by Minnesota Statutes, Chapter 429, and the Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments putsuant 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 mcurred by the City m 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 Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash escrow or Irrevocable letter of credit from a bank security") in the amount of Two I- Iundred Thnty Thousand, Nine Hundred Seventy-Three Dollars ($230,973), which is 110 /u of the estimated cost of the Developer Improvements The amount of the security was calculated as follows. Refer to Exhibit A and Exhibit 13 for an explanation of each item. Crosscroft 3rd Addition 03/21, Page 3 of 10 Cost 110% Grading Erosion Control $72,975 $80,273 Pond Restoration and Erosion Control Removal $25,000 $27,500 Survey Monumentation $23,500 $25,850 Landscaping $88,000 $96,800 Buffer Monumentation 5500 $550 Total $209,975 $230,973 b. From tune 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 nonce specifying an amount due from the Developer to ieplemsh the deposit, as determuicd 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 three (3) weeks after receipt of notice by the Developer. c. No interest will be paid or credited to the 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 the Developer d. Upon execution of this Agreement, the Developer will provide a letter of credit m form satisfactory to the City in the amount of Seven Hundred Four Thousand, Seven Hundred Fifty Dollars ($704,750) [winch is 110% of the estunated construction costs ($822,500) less the initial deposit of $200,0001, conditioned on the prompt and faithful performance by the 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 die form thereof is approved by the City. e. In the event the City does not recover its costs for completing the Public Infrastructure Improvements under the provisions of this paragraph, as an additional remedy, the City may, at its option, assess the Subject Property in the manner provided by Minnesota Statutes, Chapter 429, and the Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments putsuant 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 mcurred by the City m 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 Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash escrow or Irrevocable letter of credit from a bank security") in the amount of Two I- Iundred Thnty Thousand, Nine Hundred Seventy-Three Dollars ($230,973), which is 110 /u of the estimated cost of the Developer Improvements The amount of the security was calculated as follows. Refer to Exhibit A and Exhibit 13 for an explanation of each item. Crosscroft 3rd Addition 03/21, Page 3 of 10 The bank and form of the letter of credit or ether security shall be subject to the approval of the City Administrator The lettet of credit shall be automatically ieiewable unul We City tcleases the developer from responsibility The letter of credit shall secure compliance with the terms of this Agteernent and all obligations of thc Developer, under rt. The City may draw down on thc letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not temovc said default(s) within two (2) weeks of receiving nonce, the City may draw on the letter of credit With City approval, the letter of credit may be reduced from time to tune 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 thc Developer at its cost and approved hi the City I ingineei. The completion of grading activities will need to be coordinated by the City in conjunction with the installation of utilities Developer shall furnish the Ciry Engineer satisfactory proof of payment for the site grading work and shall subnut a certificate of survey of the development to the City as the site grading is completed by phase, with street and lot grades. If the installation of utilities is occurring simultaneously with the grading, the utility conuactot shall have prefei ence over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected All Improvements to thc lots and the final grading shall comply with the grading plan as subnutted and shall be the responsibility of the Developer. 12. License The Developer hereby grants the City, its agents, employees, officers and contractors a hcense to enter the Subject Property to pei form all work and inspections deemed appropriate by the City during the installation of Public Infrastructure Improvements. 13. Erosion Control Prior to site grading, and before any utility construction is commenced or building pentuts are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by the City. All areas disturbed by the excavanon and backfilling opetauons shall be reseeded within 72 hours after the completion of the work in that area. Except as otherwise provided rn the erosion control plan, seed shall be rye grass or other fast growing seed suitable to the exisung 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 suttounded with an approved etosron control silt fence. Approved erosion control fencing shall be Installed around the perimeter of each lot or at City approved locations at the tune 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 construcuon deliveries The parties recognize that time is critical in controlling erosion If development does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. This right also applies to the required erosion control for basement and /or foundation excavation spoil piles. The Cm will attempt to notify thc Developer m advance of any proposed action, but failure of the City to do so will not affect the Developer's or City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed, and no building permits will he issued unless the Subject Property is in full compliance with the erosion control requirements Crosscroft 3rc Addition 03/21/2006 Pant 4of10 14. Planting and Seeding Landscaping shall be in accordance with Landscape Plans approved by the City Plauuet. 15. Clean up The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assignees The City will inspect the site on a weekly basis and determine whethei it is necessary to take additional measures to clean dirt and debris from the streets Aftci 24 hours verbal notice to the Developer, the City will complete or contract to complete the clean up at the Developer's expense in accordance with the procedures specified m Paragraph 13. The Developer shall inspect and, if necessary, clean all catch basins, sumps, and pondmg 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 estabhshment 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 inptovements lying within pubhc rights-of-way and easements shall become City property without further notice or action unless the improvements are slated as private uifiastructure. 17. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City 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 mcuned by it 01 the City m conjunction with the development of the Subject Property including, but not lunged to, Soil and Water Conservation District charges, legal, planning, engrnecimg 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 mcuned by the City in monitoring and inspecting the development of the Subject Property. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs mcuned 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 cost s, 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 engmeetmg and attorney's fees. The estunated City fees of $184,410 shall be deposited with the City at the tune this Agreement is signed, and represent the following estimates: $139,825 Engineering Fees $2,500 Attorney Fees $41,125 5% City Fees $960 Sttect Light Energy Cost $184,410 If the City fees exceed this estimate, the Developer shall pay the additional costs to the City within ten (10) days of the request. Crosscroft 3«I Addition 03/21/2006 Page 5 of 10 D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thuty (30) days after receipt If thc bills are not paid on tune, the City may halt development work and construction Including, but not limited to, the issuance of building pernuts for Lots which the Developer may of may not have sold, until the bills arc paid m full Bills not paid within thirty (30) days shall accrue mteiest at the rate of nine percent (99/o) per year. E. The Developer shall pay all energy costs for street lights Installed within the Subject Property for 24- months at a cost of $5 /month /light. After that, thc City will assume the energy costs. P. The Developer will pay the cost of scalcoattng the streets within the development at a cost of $0 75 /SY The scalcoating will be completed within two (2) years following wear course placement. 19. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time of, execution of any plat by the City: A. Park dedication fees in the amount of $0 B. Geographic Information System (GIS) fees in the amount of $2,585 C. Storm Sewer Trunk Area Charges in the amount of $115,010 D. Sanitary Sewer Trunk Area Charges m thc amount of $0 E. Watermaui Trunk Area Charges in the amount of $0 Or other amounts for such fees as m effect at the time of plat approval. 20. The Developer understands that builders will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of building peniuts. The rates for each of these items will be set according to the current rate structure at the tune 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 $1,550). B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single fanuly currendy at $690; multi -family currently at $260 per housing unit) C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200 /SAC unit). D. :'atei Availability Charges per SAC unit (currently at $1,480 /SAC unit for single family residential and rnulti- faimly residential). E. Trunk Sanitary Sewer Charge per Unit (currently at $358.33/umt) P. Trunk Water Charge per Unit (currently at $1,473.33/unit) Crosscroft 3rd Addition 03/21/2006 Page 6 of 10 21. Building Permits No occupancy permits shall be issued until. A. The site giading is completed and approved by the City. B. All public utilities are tested, approved by the City Engineer, and in senrice. C. All curbing is installed and backfilled. D. The first lift of bituminous is m place and approved by the City E. All building permit fees are paid in full. P. Except for Lots 9 -12, Block 1, no early building permits will be issued. The Developer, in executing this Agteement, assumes all liability and costs for damage or delays incurred by the City in the construction of public unprovements caused by the Developer, its employees, contractors, subcontractors, mateuahnen 01 agents. No occupancy perimts shall be issued until the public stieets and utilities refereed to in paiagraph 6 and 8 ale in and approved by the City, unless otherwise authorized in wining by the City Engineer. 22. Developer's Default. In the event of default by the Developer as to any of the work to be perfoi med by it hereunder, the City may, at its option, perform the work and the Developer shall piomptly rennbutse the City for any expense incurred by the City, provided the Developer is first given notice of the work u1 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 lights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 23. Miscellaneous A The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations mcluchng, but not limited to subdivision ordinances, zoning ordinances and environmental regulations If the City detemmnes that the subdivision, or the plat, or the development of the Subject Property does not comply, the Ci may, at its option, tefuse 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. Thud 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 pot non, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the vandity of the temauung portion of this Agreement. Crosscroft 3'd Addition 03/21/2006 Page 7 of 10 E. If building permits are issued prior to the completion and acceptance of public tinptovements, the Developer assumes all Lability and costs resulting in delays in compleuon of public itnptovements and damage to pubhc improvements caused by the City, the Developer, its contractors, subcontiactors, materialmen, employees, agents or thud 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 m writing, signed by the parties and approved by wnttcn 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 Developet shall take such steps, including execution of amendments to this Agreement, as ate necessaty to effect the iecoichng heteof After the Developer has completed the work requucd of it under this Contract, at the Developer's request, the City-will execute and dehver to the Developer a release. I I Each right, power 01 remedy herein conferred upon the City is cumulative and in addition to even y other right, powci or remedy, express of unphed, now o1 hereafter arising, available to the City, at law or m equity, or under any other agreement, and each and every right, powci and remedy herein set forth of otherwise so exciting may be exercised from tune to tune as often and m such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other tight, power or temedy. 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 addiess D.R. Horton 20860 Kenbndge Court, Suite 100 Lakeville, MN 55044 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 nn one of the City Administrator at the following addiess City Administrator Rosemount City Hall 2875 145! Street West Rosemount, Minnesota 55068 Crosscroft 3'a Addition 03/21/2006 Pate 8 of 10 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written STATE OF MINNESOTA SS COUNTY OF DAKOTA STATE OF MINNESOTA COUNTY OF DAKOTA ss the said Drafted By: Ci(y of Rare/you'd 2875 145th Street 1Vert Roiemount, MJA 55068 CITY OF ROSEMOUNT BY: William H. Droste, Mayor BY: BY: Its Jamie Verbrugge, Deputy City Clerk BY: Its The foregoing instrument was acknowledged before me this day of 2006, by William I1 Droste, Mayor, and Jaime Verbrugge, Deputy City Cledt, of the City of Rosemount, a Minnesota municipal corpotation, on behalf of the corporation and pursuant to the authouty granted by its City Council Notary Public The foregoing instrument was acknowledged before me this day of 2006 by and a on behalf of Notary Public Crosscroft 3rd Addition 03/21%2006 Page 9 of 10 EXHIBIT A The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined in the Subdivision Agieeinent Grading Erosion Control A restoration and erosion control bond to ensure revegetation and erosion cont ($3,500 /acre) Note. The nnnnnum bond amount is set at $25,000. Pond Restoration /Erosion Removal A security to allow for cleaning of sedimentation ponds prior to City acceptance, and removing any installed erosion conttol measures such as silt fence and woodfiber blanket following development of 75 percent of adjoining lots (estimated Lump Sum). Sunvev Monumentanon An amount equal to 110% of the cost to monument all lots within the development. Landscaping An amount equal to 110 °G, of the cost to complete the minimum requured 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 11094 of the cost to complete the minimum required lighting If additional lighting is planned, a bond for that cost is not iequned ($4,000 per light has been used to calculate this cost) Buffer ivhonumentation —An amount equal to 110% of the cost to manufacture and install the necessary buffer monumentauon signs around all ponds and wetlands ($50 per sign has been used to calculate this cost). Pa ck Equipment —An amount equal to 110% of the cost of unpiovcments 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 cicanon. 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 acic of mitigation). Crosscroft 3rd Addition 03/21/2006 Page 10 of 10 N Ilcm Cost 1 10'7 Calculation 1 Gidd I: lni and osion Control 5 72,975 80,273 53500 /acct 211 85 aces Pond Remo' at and Erosion Control 12cuioval S 25,000 27 500 Minimum 525 000 3 Sul vev Monun on S 23,500 5 25,850 $500 /lot 47 loss 5 Retaining Wall 5 N/A 5 Landscape 1 S 88,000 96,800 Pei Rick Peal son 6 Su eel Lights S 5 Pic -pay dttrccmcnt with Dakota El cct nc 7 13uf1ci iMommmuttmlon 5 500 5 550 S Palk Cquipmcnl /lmpiovcntcnls 5 5 N/A 9 AVet1,11c1 Restolati 011IM own 5 5 N/A 10 AVctland iMomimme S 5 N/A Total 5 209,975 5 230,973 No Item Cost Calculation 1 lamuiacl mq cus 5 139,825 17% of the Consn uction Cosi 2 Audi ney fees 2,500 Estimate 3 5 CID Cues 5 41,125 5'15 or enlist: uction Cost 4 Street Light Energy Cost 5 960 Slig ui lights 24 onths 55 /mont0 5 Scal CDaune Total Total 5 184,410 No Item Cost Calculation 1 Pail, Dedication 5 N/A 2 GIS Pccs S 2,585 S55 /unit '47 units 3 Ste iin Sclvci 'I i unk Charge 5 115,010 56200 /nct developable deli: 18 55 acres 5 Sennaly Save' Ti in Al ca Chai ge 5 5 N/A collected with binding peinal NIA collected with building permit 6 AValetmain 1 L1111, Metz Chat et 5 (200 0001 Total 5 117,595 No Item Cost 110'Z, Calculation 1 Est multi' Consn uctton Cosi 5 822 500 S 904,750 Based on 517,5011 /lot 47 lots 3 Less Initial Gish Deposit 5 (200 0001 Deposit Total 5 704,750 1 AG I'Itt i1 101 i i f ,J, •ller of Credit lon Developer Imps ovcments Letter of Credit for Public Infrastructure City lees Development lees Crosscroft 3rd EXHIBIT 13 (Page 1 of 2) Lnl Block SQ FT Acres I 1 6656 00 0 1 5 2 1 6656 00 0 15 3 1 8929 60 0 20 4 1 9073 50 0.21 5 I 907350 0 6 1 9073 50 0 21 7 1 11699 90 0 27 S 1 S255 20 0 19 9 1 7341 80 0 17 10 I 7871 70 0 IS 11 1 7836 00 0 1 8 1 2 l 7894 80 0 I S 1 2 131 030 2 2 1328060 030 3 2 1488760 034 4 2 11050 00 25 5 2 128 40 0 29 6 2 14511 00 033 7 2 13307 20 0 3] 8 2 13889 20 0 32 9 2 1577 036 10 2 1474950 034 11 2 17072 40 0 39 12 2 1323180 030 13 2 13590 80 0 31 14 2 12935 50 0 30 15 2 1105000 0 16 2 111)50 00 025 17 2 13079 60 030 IS 2 11179 70 026 19 2 1474(100 034 20 2 14681 1(1 0 34 21 2 13889 20 0 32 22 2 16501 00 038 23 2 27778 50 0 64 24 2 16790 50 0 39 25 2 13535 70 0 31 26 2 18250 80 0 42 1 3 1854740 043 2 3 1343000 031 3 3 13430 00 0 3 I 4 3 1501(100 034 1 4 15861 70 0 36 2 4 11077 40 0 25 3 4 1105000 025 4 4 1195750 027 5 4 19611 00 045 Outlot A 15759 6 0 36 010101B 78986 5 1 8 1 Oullot C 2(16254 6 4 73 Boundary Check 908076 6 20 85 Bonding to 11 WL 2 30 No. Lots Block Total Lois 12 26 3 4 4 5 10141 47 'fold Plat At ca 20 85 acres Net Dec Aiea= 18.55 ticks Pondoig 10 HWI. 2.30 act es Palk Dedication= 0.00 as es Dedicated ROW= 0 00 aciea 3 Crosscroft 3rd EXHIBIT 1]; (Page 2 of 2) ISCPL,•. Pt Pr• /A- Ply:: Pt Z., 4- 4 PI st ,PU N OiY4537 11 ea e i 7 ...7 i j ii i. IC 1 1 PCP._ I r_ r. tr. n te: K b N 00.45 IV 25000 I%) te, f. a 98545 0 DECLARATION OF COVENANTS AND RESTRICTIONS Evermoor Crosscroft 3 Addition Single Family Homes Planned Unit Development Amendment THIS DECLARATION made this day of 2006, by (hereinafter referred to as the "Declarant WHEREAS, Declarant is the owner of the real property described as follows: Outlot D, EVERMOOR CROSSCROFT, hereinafter referred to as the "Subject Property"; and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Rosemount, Minnesota "City") in connection with the approval of an application for an amendment to the Evermoor Crosscroft planned unit development for a residential development on the Subject Property; and WHEREAS, the City has approved such development on the basis of the determination by the City Council of the City that such development is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the planned unit development would not have been approved; and WHEREAS, as a condition of approval of the planned unit development, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration and WHEREAS, to secure the benefits and advantages of approval of such planned unit development, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to the following documents, plans and drawings: a. Preliminary Grading Plan revised 3 /3 /06- Exhibit A b. Preliminary Utility Plan revised 3 /3 /06- Exhibit B c. Preliminary Plat Revised 3 /3 /06- Exhibit C d. Preliminary Centerline Profiles Details dated 1 /30 /06- Exhibit D e. Preliminary Landscape Plan revised 3 /3 /06- Exhibit E CLL- 250829v1 RS215 -4 1 all of which exhibits are copies of original documents on file with the City and are made a part hereof. 2. Development and maintenance of structures and uses on the Subject Property shall conform to the following standards and requirements: a. A front -yard building setback of 35 feet will be maintained. b. Side -yard setbacks for lots are a minimum of 5'on the garage side and a minimum of 10' on the house side. c. Rear -yard setbacks shall be a minimum of 20 feet with 40 feet for all lots that has the rear yard along Connemara Trail. d. The subject property will be part of a homeowners association for purposes of maintenance of private roads within the project. 3. The Subject Property may only be developed and used in accordance with Paragraphs 1 and 2 of these Declarations unless the owner first secures approval by the City Council of an amendment to the planned unit development plan or a rezoning to a zoning classification that permits such other development and use. 4. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City of Rosemount acting through its City Council, This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. CLL- 250829v1 RS215-4 f. Preliminary Plat/Existing Conditions dated 1 /30 /06- Exhibit F g. Armes' Grove Gardening Concept dated 3 /1 /06- Exhibit G h. Architectural Elevations or like equivalent- Exhibits H (1 -7) Bershire 2 A -1 Concord A -1 Colonial Gleneagles Al Braemer A -1 Chesapeake A Hancock A- 1 DECLARANT By Its By Its 2 (SEAL) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2006, by the and l the for and on behalf of a by and on behalf of said THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered (CLL) 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 CLL- 250829v1 RS215-4 3 Notary Public L J L J 1s3 a [Ina 4 L J ii% 1 1 i I l t t �1 i�S: j t S S 1 S iH IF il 1 1 I i ll if I ;i '1 SI 11i S e if, 6F IF S` i {1 %S z I I➢ z I F. se% %'B t, i.iii S a: SHANNON FARNWAY i J in x. N4121 ]w/Lit 0 410411wn,2oe .p nnuf W 11 S; 43 0 L J Exhibit H NOJ. 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NOJ OH 'e!'CI NVW91.drJ0 9>PiraciVgaHO :dod 33N30153d J llllllaol 'act UFA Min 9 +61 1 I's P1! 1 ,11 s CBI! i iI NO. Lei0H e ti Nb'WSJSIMIO „Y 3)Ib`3dVSEHO 21Od 30N3OI53LI 1 i 2 L a s u 0 0 o Wil l! c 0 v MOM O •ONI NOI OH •Z!•Ct NYWSIth'V' !O l b` >FOOONVH 8103 30N30I5321 111111• 1111111•10111111 i; "0N1 NOlz4O11 "era NYW5±4V2lO l -b' >4000NVH 2103 30N3015321 Op 3 iZ s r 1 1;10 4 a a v liiri L l i�`ile MOM al '0NI NolaO11 "era NVW9ied240 L >10O0NVH 2103 3JN341S3ti Excerpt of Minutes from the Regular Planning Commission Meeting of March 14, 2006 5.d. 06 -07 -PP Evermoor Crosscroft 3 Addition (DR Horton) Preliminary Plat, 06- 08-AMD Evermoor Crosscroft 3r Addition (DR Horton) PUD Major Amendment, and 06 -09 -FP Evermoor Crosscroft 3th Addition (DR Horton) Final Plat. Community Development Director Lindquist reviewed the staff report D R Horton requested approval of a major amendment to the approved planned unit development (PUD) for the Crosscroft area of Evermoor. Crosscroft is a detached townhouse area intended for seniors. The portion of Crosscroft was to be developed for 67 additional senior or "hfestyle" detached to nhouse units. Approval of the amendment will reduce the number of new lifestyle units to 12 and introduce 35 conventional single family lots. The result will be a net reduction of 20 dwelling units from the Crosscroft area The requested approvals also include a preliminary plat for the design revisions to grading, lots, streets, storm water and utihtres; and a final plat for the resulting lots and easements. Chairperson Messner invited the applicant to come forward. Bob Erickson, Division Vice President of D.R Horton Mmnesota, gave the rundown of D.R. Horton homes built in the Evermoor project Mr. Erickson stated there will be a change of a connector street at Connemara Trail to allow for another entrance to the single family properties. Mr. Erickson held a meeting with the association and residents were m favor of the reduction m units In February, a meeting was held with the master association and there were no objections to the project. Mr. Enckson gave Ms. Lindquist credit for the idea of a housing style change. Chairperson Messner opened the Pubhc Hearing. Roxann Duffy, 13962 Dallas Avenue, Rosemount, questioned if the association dues will be changing due to the changes in the project. Bob Erickson assured Ms Duffy and the Commissioners that a budget has been in place and it would work appropriately with the single family participating financially. The HOA documents are being prepared and will be submitted to the City Council with the final plat. Pat Medlin, 13749 Crosscroft Avenue, Rosemount, questioned the amount of landscaping to ensure there is a significant screening to shield the current units from the single family units. Mr. Erickson showed a copy of the landscape plan illustrating where the landscaping will be located and the amount of screening that is being provided. MOTION by Zurn to close the Public Hearing. Second by Schultz. Ayes: All Nays• None. Motion approved MOTION by Schultz to recommend that the City Council approve the PUD Major Amendment and Preliminary Plat for Crosscroft 3` Addition subject to: 1. Execunon of a PUD amendment agreement 2. Incorporation of comments from the City Engineer regarding drainage, grading, easements, storm water improvements, streets and utilities including: A conservation easement shall be provided over Outlot D. A storm water pollution prevention plan (SWPPP) shall be submitted with the final grading plan 3. Extending the sidewalk along Lots 1 and 2, Block 2 to the intersection of Crosschffe Path and Crossmoor Avenue South. Second by Schwartz. Ayes: All Nays: None. Motion approved. MOTION by Schultz to recommend that the City Council approve the Final Plat for Crosscroft 3` Addition subject to: 1. Execution of a subdivision development agreement to secure the installation of public and private infrastructure. 2. Approval of homeowner's association documents by the City Attorney to ensure the maintenance and replacement of the pnvate streets and amenities serving Crosscroft 3rd Addition 3. Recording of a conservation easement for Outlot D. 4. Approval of the Crosscroft 3r Addition PUD major amendment and revised preliminary plat (Cases 06 -07 -PP and 06- 08 -AMD). Ms. Lindquist indicated this item would go before the City Council on April 4, 2006. PROPERTY ID NUMBER 34- 25120-040 -00 FEE OWNER PAYABLE 2005 TAXES NET TAX SPECIAL ASSESSMENTS TOTAL TM 8 SA O R HORTON INC MINNESOTA 20860 KENBRI0GE CT STE 110 LAKEVILLE MN 55044-8064 5,253 84 0 00 5,253 84 PAYABLE 2006 ASMNT USAGE RESIDENTIAL NOTE Dimensions rounded to nearest foot Copynght 2006, Dakota County This drawing is neither a legally recorded map nor a survey and Is not Intended to be used as one ,.s drawing s a cornpJalon of records, Informahon and data 'coaled in venous uly county, and slew uflues and opine suumaa affecting the area shown, and is :0 be used for reterence purposes only Dakota Coumy Is not responsible for any Inaccuracies herein con aired If dlsaepancles are found, please contac Dakota County Survey and Land Information Department Map Dale February 16, 2006 Parcels Updated 2192006 Aenal Photography 2003 SITE MAP 2005 ESTIMATED MARKET VALUES (PAYABLE 2006) 2005 BUILDING INFORMATION (PAYABLE 2006) LAND BUILDING TOTAL 399,300 LOT SIZE (EXCLUDES NO DATA AVAILABLE ROAD EASEMENTS) 399,300 SCHOOL DISTRICT 196 LOCATION SW1 /4 SE114 SECTION 19- 115-19 PAYABLE 2006 HOMESTEAD STATUS NON HOMESTEAD WATERSHED DISTRICT VERMILLION RIVER LAST QUALIFIED SALE DATE AMOUNT 90B 159 50 FT 20 85 ACRES PLAT NAME EVERMOOR CROSSCROFT TAX DESCRIPTION OUTLOT D 7 II Indd1¢ d t` i 3 i 9: E q t 5 3 a ��5 i 1 d p I. v ic iii I f t aim -t 0 0 0 O 'y F 0 5 0 r F F 4 pi,..41.4%.02141144WPOI.1 ITIV304 4.11 PM CST 7 .N14 ,,.r,...m.LV ,.mate, Ittrnme a. 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Architectural Elevations or like equivalent Exhibits H (1 -7) Bershire 2 Concord Colonial Gleneagles Braemer Chesapeake Hancock Hampton 2 Dover Legacy all of which exhibits are copies of original documents on file with the City and are made a part hereof. 2. Development and maintenance of structures and uses on the Subject Property shall conform to the following standards and requirements: a. A front -yard building setback of 35 feet will be maintained. b. Side -yard setbacks for lots are a minimum of 5'on the garage side and a minimum of 10' on the house side. c. Rear -yard setbacks shall be a minimum of 20 feet with 40 feet for all lots that has the rear yard along Connemara Trail. d. The subject property will be part of a homeowners association for purposes of maintenance of pnvate roads within the project. 3. The Subject Property may only be developed and used in accordance with Paragraphs 1 and 2 of these Declarations unless the owner first secures approval by the City Council of an amendment to the planned unit development plan or a rezoning to a zoning classification that permits such other development and use. 4. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City of Rosemount acting through its City Council This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. CI I.•250829v1 RS215 -4 DECLARANT By Its 2 e. kb2 r m miarddrig r3l� ri E e Nthe 11 MIONIMPAI m m n V C