HomeMy WebLinkAbout6.o. JJT Business Park First Addition Preliminary Plat and Final Plat 06-03-PP and 06-04-FPvnr vvl...
AGENDA ITEM: 06 -03 -PP 06 -04 -FP JJT Business Park
First Addition Preliminary Plat and Final Plat
AGENDA SECTION:
Consent
PREPARED BY: Jason Lindahl, A.1.C.P.
Planner
AG
0
ATTACHMENTS: Draft Resolution, Subdivision Agreement,
02/28/06 PC Minutes, Site Location Map,
Final Plat, Topo Survey, Preliminary Plat,
Proposed Street Utility Plan, Proposed
Street Grading and Drainage Plan, Proposed
Street Plan and Profile, Overall Grading
Drainage and Erosion Control Plan, Pond
Construction Detail Plan, MRCI Preliminary
Utility Plan, Building Elevations
APPROVED BY:
RECOMMENDED ACTION:
1. Motion to adopt a resolution approving the preliminary and final plats for JJT
Business Park First Addition creating two buildable Tots, public streets and an outlot
for future subdivision, subject to conditions:
2. Motion to authorize execution of a subdivision agreement for installation of public
infrastructure.
4 ROSEMOUNT
SUMMARY
Applicant Property Owner(s):
Location:
Area m Acres:
Number of Lots:
Comp Guide Plan Desig:
Current Zoning:
CITY COUNCIL
EXECUTIVE SUMMARY
Jack Matasosky of JJT LLC
Southwest Comer of Highway 3 and County Road 42
44.72 Acres
2 Lots Plus and Outlot for Future Subdivision
Business Park
BP- Busmess Park 1 and 2
The applicant, Jack Matasosky of JJT LLC, requests preliminary and final plat approval of the JJT Business
Park First Addition to allow the subdivision of 44 72 acres of land into two buildable lots and an outlot for
future subdivision The site is currently vacant land and guided and zoned for Business Park use.
Should the City approve the subdivision, MRCI WorkSource has requested site plan approval for a 20,600
square foot office /assembly building for Lot 1, Block 1 of JJT Business Park First Addition By ordinance
site plans within the Business Park district, if meeting all the performance standards, can be
administratively approved and therefore would not require Planning Commission or City Council review.
Upon initial review, the MRCI site plan appears to meet the ordinance standards however, a brief review
Lot Analysis for JJT Business Park First Addition
Lot
Lot Size (sq. ft.)
Lot Width (feet)
Lot Depth
Required
(feet)
Proposed
Status
Required
Proposed
Required
Proposed
Lot 1,
BLK 1
20,000
5 52 Acres 240,494
120
170
N/A
370
Conforming
Lot 1,
BLK 2
20 000
69,091-
1 58 Acres
120
180
N/A
285
Conforming
Outlot
A
35.31 Acres
N/A
130
N/A
1,250
Conform rig
of the project is provided so the Council can more easily assess the proposed plat.
PLANNING COMMISSION ACTION
The Planning Commission reviewed this item during their March 14, 2006 meeting. After hearing from
staff, the Commissioned held a public hearing The only comments during the pubhc hearing came from
the developer, Bruce Rydeen of Cerron Properties Mr Rydeen's comments focused on fees associated
with the JJT Plat. First, he requested that the park dedication fees on the outlot be deferred until the time
the outlot is subdivided Second, he requested that they not be required to pay for the right -of -way
necessary for the road which is currently under City ownership Lastly, he requested that they only be
required to pay for the cost of constructing the half of Boulder Avenue which abuts their property.
The City Council held a work session on March 22, 2006 to discuss Mr. Rydeen's requests. After hearing
from the City Engineer and Mr Rydeen, the Council decided to charge the apphcant $0.72 per square foot
for City property needed for right -of -way and require the applicant to pay for all costs associated with the
construction of the street and utility improvements The Director of Parks and Recreation has agreed to
collect park dedication for only the two new lots with the understanding that park dedication fees for
Outlot A shall be paid as platting occurs.
BACKGROUND
The subject property is guided by the Comprehensive Plan BP- Business Park Similarly, the property is
zoned both BP -1, Business Park 1 on the southern half and BP -2, Business Park 2 on the northern half
While both Lot 1, Block 1 and Lot 1, Block 2 are each zoned BP -2, Outlot A is divided into both zoning
classifications 478.32 feet south of its north property line.
The major difference between the two zoning categories is land use related and not lot dimensional
requirements. The BP -1 District allows for office, accessory commercial and mdustnal uses with limited
outdoor storage while the BP -2 District allows for office, limited manufactunng, and mdustnal uses with
limited outdoor storage through a Planned Unit Development (PUD) Although the City of Rosemount is
in the process of amending the BP District, the current performance standards apply to this or any other
development until the amendment is approved by the City.
The lot size and dimension standards are compared in the table below. This table illustrates that all three
lots meet the minimum size and dimensional standards for the applicable BP District.
2
Streets Access
The JJT Business Park First Addition will include the dedication of right -of -way for Highway 3, County
Road 42, and an extension of Boulder Avenue and construction of a new 259 foot cul -de -sac to be known
as Boulder Court.
Access to Lot 1, Block 1, Lot 1, Block 2, and a portion of Outlot A will come from the new cul -de -sac
(Boulder Court). Future access to the balance of Outlot A will come from the extension of Boulder
Avenue. Under this design, each lot has adequate public access.
The extension of Boulder Avenue requires right -of -way to be dedicated from a City owned parcel adjacent
to the proposed plat This 10 -acre parcel was secured by the City through an assessment settlement with
the Pahl's and is intended to be utilized for a water treatment facility m the future. It should be noted that
when the City agreed to the configuration of this parcel, it was and still is intended that the parcel shape
would be reconfigured when the Pahl property developed. Now with the development of the adjacent
property, it is necessary to dedicate right -of -way from this City owned parcel. However, given the
circumstances that this parcel was acquired under, staff is recommending that the developer compensate
the City for the right -of -way at a rate of $0.72 per square foot and pay for all costs associated with the
construction of the street and utility improvements.
At this time, the staff recommended condition of approval and attached subdivision agreement specifically
includes 1) compensation to the City for right -of -way dedication for Boulder Avenue extension at a rate of
$0.72 per square foot, and 2) payment of all costs associated with the completion of street and utility
improvements by the developer.
The apphcant will need to make some minor adjustments to the stormwater management plan which
will be reviewed for compliance prior to issuance of a grading permit. Additionally, a. storm water
pollution prevention plan must be submitted for approval prior to final grading plan approval.
Parks and Open Space
The Parks and Recreauon Department has reviewed the JTT submittal and recommends that park
dedication be collected m the form of cash in hen of land. The cash dedication amount is $47,000 which is
based on the City's 2006 Fees and Fee Pohcy Additional park dedication fees will be required upon future
platting of Oudot A Staff also recommends that the concrete sidewalk on the south side of Boulder
Avenue be extended on the east side of the cul -de -sac Ieadmg to lot 1, Block 1.
MRCI SITE PLAN REVIEW
With City approval of the JJT Business Park First Addition, MRCI WorkSource requests site plan approval
for 20,600 square foot office /assembly building on Lot 1, Block 1. While staff has not yet received all the
required site plan information, the project appears to meet the performance standards for properties m the
BP -2, Business Park 2 District. Staff will continue to work with MRCI to complete the administrative site
plan review while the Comimssron and Council finish the preliminary and final plat review.
In the interun, attached for your review is a copy of the current Utility Plan and Elevations for the MRCI
building The site includes a 20,600 square foot office /assembly building with associated parking, loading
and landscaping There are landscaped areas both around the building and within the parking area. The
parking area includes 108 off -street parking stalls and a proof of parking area for another 31 stall should
they be necessary. There is a loading dock on the south side of the building that should be partially screen
3
by a three foot change in topography. The most notable features of the site are the pond, walking trail and
shelter located on the north side of the property adjacent to the County Road 42 and Highway 3
intersection. These amenities will provide a unique recreational opporturnty for this site.
The building will also have architectural features unique to the Business Park. While the exterior walls will
be common earth tone pre -cast concrete panels, the building will have a greater level of articulation than
other facilities m the Business Park The most unique architectural features of the building are the two
glass vestibules which mark the front entrances to the building.
Company Background
MRCI is a private, not for -profit agency, and Minnesota's largest and most diverse provider of
employment and day services Headquartered in Mankato, MRCI also operates facilities in Fairmont,
Chaska, Shakopee, New Ulm, Burnsville, Lakeville and Worthington Since their inception m 1953, MRCI
WorkSource (originally known as Mankato Rehabilitation Center, Incorporated) has been providing
services to people with disabilities
MRCI has experienced phenomenal growth and success during then 50 years of operation. MRCI began
as a part-time physical therapy organization operated by volunteers Within the decade, their focus
changed from physical therapy to occupational therapy and expanded to include individuals with mental
illness. MRCI soon became a leader in the rehabilitation field, as well as a "home away from home" for its
consumers, people with disabilities or other barriers to employment, who use then services.
MRCI is currently the largest provider of both community -based supported employment and center -based
extended employment m Minnesota They offer more than 65 distinct programs that serve more than
3,000 people from Southern Minnesota and the Southern Metio areas. Of that number a record 517
people were employed last year in the competitive job market and were able to leave MRCI services while
1,137 additional people worked m supported employment.
CONCLUSION
Staff recommends approval of the Preliminary and Final Plats for the JJT Business Park First Addition.
This plat will allow the subdivision of 44.72 acres of land into two buildable lots and an outlot for future
subdivision. Should the City approve this subdivision, staff will continue to work with MRCI WorkSource
on their admuustrative site plan request for a 20,600 square foot office /assembly building for Lot 1, Block
1 of JJT Business Park First Addition. By ordinance if the MRCI site plan meets all the performance
standards for BP Business Park zoning district, the project would be eligible for admnustrative site plan
approval and would not require Planning Commission or City Council review.
RECOMMENDATION
Adopt the Resolution and authorize execution of the Subdivision Agreement.
4
And,
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2006-
A RESOLUTION APPROVING THE PRELMINARY PLAT
AND FINAL PLAT FOR JJT BUSINESS PARK FIRST ADDITION
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Jack Matasosky of JJT LLC requesting Prehmmary Plat and Final Plat approval
concerning property legally described as:
That part of the Northwest Quarter of Section 32, Township 115, Range 19, Dakota
County, Minnesota, Lying Easterly of the Easterly right -of -way line of the Chicago
Mihvaukee, St Paul, and Pacific Railroad.
Outlot A, ROSEMOUNT BUSINESS PARK SECOND ADDITION, Dakota County,
Minnesota, according to the recorded plat thereof.
WHEREAS, on March 14, 2006, the Planning Commission of the City of Rosemount held a public
hearing and reviewed the Preliminary Plat for JJT Busmess Park First 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
Cornnussion's recommendations, and
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Preliminary Plat and Final Plat for JJT Busmess Park First Addition, subject to:
1. Execution of a subdivision agreement with the City of Rosemount for the installation of
public infrastructure and payment of all applicable fees.
2. Approval and meeting of conditions of the Dakota County Plat Commission.
3. Dedication of all rights -of -way for public streets as required by the State of Minnesota,
Dakota County, and the City of Rosemount.
4. Payment to the City of Rosemount for the City owned land necessary for the extension
of Boulder Avenue at a rate of 0 72 per square foot and payment for all costs
associated with the construction of the street and utility improvements.
5. Submission of a Storm Water Pollution Prevention Plan (SWPPP) for review and
approval by the City prior to final grading plan approval.
ADOPTED this 4th day of April, 2006 by the City Council of the City of Rosemount.
ATTEST:
James D. Verbrugge, Deputy City Clerk
William H Droste, Mayor
2
RESOLUTION 2006-
6. Payment of Park Dedication in the amount of $47,000 or the apphcable amount at the
time of final plat. Additional Park Dedication fees will be required upon future platting
of Outlot A.
7. Vacation of the Pubhc Dramage and Utility Easement legally described as A 10.00 foot
wide pubhc drainage and utility easement over, under, across, and adjoining the
boundary hnes of Outlot A, ROSEMOUNT BUSINESS PARK SECOND
ADDITION, Dakota County, Minnesota, according to the recorded plat thereof.
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
SUBDIVISION AGREEMENT
JJT Business Park, First Addition
AGREEMENT dated this day of 2006, by and between the CITY OF ROSEMOUNT,
a Minnesota municipal corporation, (the "City and JJT FINANCIAL LP, (rbe "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 JJT Business Park, First Addition, which land is legally descnbed on
Attachment One, attached hereto and hereby made a pair hcteof (heieinaftei referred to as the "subject
property").
2. Conditions of Plat Ap royal. 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 infiasti ucture and including grading, erosion control, streets and utilities
b. Execution of a Subdivision or Development Agreement to secure the public and puvate
ovements.
c. Payment of all applicable fees including G I S Park Dedication and other fees identified in the
current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses,
conservation areas, streets and utilities
e. Payment of $29,913.34 (which is $0.72 per square foot x 41,547 square feet) for compensation of
City- dedicated right -of -way for Boulder Avenue. Refer to Exhibit C for measurements.
3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if
the Developer has bicached this Contract and the breach has not been remedied, Development of
subsequent phases may not proceed until Subdivision Agreements for such phases arc 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 awa, or
official controls shall apply to or 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 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 inay iequire compliance with any amendments to the City's
Comprehensive Guide Plan, official controls, platting or dedication requaements enacted after the date of
this Agreement
5. Development Plans. The subject property shall be developed m accordance with the following plans,
original copies of which are on file with the City Engineer The plans map 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 wutten terns of this Agreement, the written terms shall control. The plans are
JJT Business Pack, First Addition
4/04/06
Page 1 of 10
Plan A Plat
Plan 13 Soil Erosion Control Plan and Schedule
Plan C Drainage and Storm Water Runoff Plan
Plan D Plans and Specifications for Public Improvements
Plan E Grading Plan
Plan F Landscape Improvements
6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, hereinafter referred to as the "Developer Improvements
A. Street Lights
B. Setting of Lot and Brock Monuments
C. Surveying and Staking of work required to be performed by the Developer.
D. Gas, Electric, Telephone, and Cable Lures
E. Site Grading
F. Landscaping
G. 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 October 31`t, 2006. The Developer may, however, request an
extension of nine from the City If an extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the extended completion date.
8. Public Infrastructure. The following improvements, hereinafter referred to as "Public Infrastructure
Improvements" (known as City Project 402), 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 pubhc bidding process.
A. Sanitary Sewer
B. Watetnnain
C. Storm Sewer
D. Streets
E. Sidewalks /Pathways
Attachment One shows the area within which the Public Infrastructure Improvements will be
constructed pursuant to this Paragraph Contracts shall provide for construction m 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 Pollutioii Control Agency, Departinent
of Health and all other agencies before proceeding with construction.
JJT Business Park, First Addition
4/04/06
Page 2 of 10
9. Deposit for Cost of Public Infrastructure Improvements. For the purpose of financing the
construction, installation and maintenance of the Public Infrastructure Improvements, the Developer shall
promptly make payments to the City of sums deemed necessary by the City to make nmely 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 m the amount of One Hundred Thousand Dollars
($100,000) to cover one or more periodic payments to the City's contractor Such deposit and
later payments to the deposit as provided m 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 tune to tune, as the City's construction of the Public Infrastructure Imptovenients
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 three (3) weeks
after receipt of nonce by the Developer.
c. No interest will be paid of credited to the Developer on funds held by the City m die deposit.
Following final payment for Public Infrastructure lmprovements 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 ciedit m form
sausfactory to the City in the amount of Four Hundred Fifty Thousand Dollars ($450,000)
[which is 110 of the estimated construction costs ($500,000) less the uutial deposit of
$100,000], 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 ctedit given to secure performance under this Agreement, piovided the form thereof is
approved by the City.
e. In the event the City does not recover its costs for completing the Public Infrastructure
Improvements undet the provisions of this paragraph, as an additional remedy, the City may, at
its option, assess the Subject Property in the manner provided by Mumesota Statutes, Chapter.
429, and the Developer hereby consents to the levy of such special assessments without notice
or herring and waives its rights to appeal such assessments pursuant to Minnesota Statutes,
Section 429.081, piovided the amount levied, together with the funds deposited with the City
undet this paragraph, does not exceed the expenses actually incurred by the City it 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 "secuuty in the amount of Eighty -Three Thousand, Fifty Dollars ($83,050), which
Is 110% of the estimated cost of the Developer Improvements. The amount of the sccun was
calculated as follows.
JJT Business Park, First Addition
4/04/06
Page 3 of 20
Refer to Exhibit A and Exhibit B for an explanation of cach item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Adinnustrator. The letter of credit shall be automatically renewable until the City releases the devclopei
from tesponstbilrty 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 nonce
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
Developei with written notice by certified mail of Developers default® under the trims 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 cream With City approval, the letter of credit may
be reduced fiom 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 m conjunction with the installation of utilities. Developer shall furnish the City Engineer
sausfactory proof of payment for the site grading work and shall submit a certificate of survey of the
development to the City as the site grading is completed by phase, with street and lot grades. If the
installation of utilities is occuaing 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 ptotected. All nnprovements 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 hcense
to enter the Subject Property to perform all work and inspections deemed appropriate by the City
during the installation of Pubhc Infrastructure Improvements.
13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building
permits ate issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by
the City All ateas disturbed by the excavation and backfillung opetations shall be reseeded witlun 72
hours after the completion of the wont in that area Except as otherwise provided in the crosion control
plan, seed shall be rye grass or other fast glowing seed suitable to the existing soil to provide a
temporary ground covet as rapidly as possible All seeded areas shall be mulched and disc- anchored as
necessary for seed retention.
JJT Business Park, First Addition
4/04/06
Page 4 of 10
Cost
110%
Grading Erosion Control
$25,000
$27,500
Pond Restoianon and Erosion
Control Removal
$25,000
$27,500
Survey Monumentation
$1,500
$1,650
Landscaping
$4,000
$4,400
Street Lighting (5 lights)
$20,000
$22,000
Total
$75,500
$83,050
Refer to Exhibit A and Exhibit B for an explanation of cach item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Adinnustrator. The letter of credit shall be automatically renewable until the City releases the devclopei
from tesponstbilrty 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 nonce
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
Developei with written notice by certified mail of Developers default® under the trims 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 cream With City approval, the letter of credit may
be reduced fiom 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 m conjunction with the installation of utilities. Developer shall furnish the City Engineer
sausfactory proof of payment for the site grading work and shall submit a certificate of survey of the
development to the City as the site grading is completed by phase, with street and lot grades. If the
installation of utilities is occuaing 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 ptotected. All nnprovements 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 hcense
to enter the Subject Property to perform all work and inspections deemed appropriate by the City
during the installation of Pubhc Infrastructure Improvements.
13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building
permits ate issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by
the City All ateas disturbed by the excavation and backfillung opetations shall be reseeded witlun 72
hours after the completion of the wont in that area Except as otherwise provided in the crosion control
plan, seed shall be rye grass or other fast glowing seed suitable to the existing soil to provide a
temporary ground covet as rapidly as possible All seeded areas shall be mulched and disc- anchored as
necessary for seed retention.
JJT Business Park, First Addition
4/04/06
Page 4 of 10
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 elusion
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 construction deliveries.
The pasties 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 etosion. This right also apphes to thc requited
erosion control for basement and /or foundation excavation spoil piles. The City will attempt to notify
the 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 teunburse thc Cu y 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 petmus will be issued unless
the Subject Property is m 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 iesulted from construction work
by the Developer, its agents or assignees The City will inspect the site on a weekly basis and deteuntite
whether it is necessary to take additional measures to clean dirt and debts from the sneets. After 24
hours verbal nonce to the Developer, the City will complete or contract to complete the clean up at the
Developer's expense in accordance with the procedures specified in Paragiaph 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 cannot should be removed following the establishment of turf. These items are to be
secured tluough the letter of credit as is noted m Exhibit A.
16. Ownership of Improvements. Upon completion and City acceptance of the work and construction
required by this Agreement, the public unptovements lying within pubhc rights -of -way and easements
shall become City property without furthei notice or action unless the improvements are slated as
private infrastructure.
17. Wig an The Developer warrants all work required to be performed by it against poor material and
faulty woilmnanship for a period of two (2) years after its completion and acceptance by the City. All
trees, glass and sod shall be warranted to be alive, of good quality and disease free for twelve (12)
months after planting
18. Responsibility for Costs.
Except as otherwise specified helm, the Developet 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 \X'atei Conservanon District charges, legal, planning, engineering and inspection expenses
incurred 111 connection with approval and acceptance of tlie'subdivision and the plat, the
preparation of this Agreement and any amendments hereto, and all costs and expenses incurred
by the City in monitoring and inspecting the development of the Subject Property
JJT Business Park, Fast Addition
4/04/06
Page 5of10
B. The Developer shall hold the City and its officers and employees ham-Jess from claims made by
itself and thud parties for damages sustained or costs incurred resulting from plat or subdivision
approval and development of the Subject Property. The Developer shall mdemmfy the City and
its officers and employees for all costs, damages or expenses which the City may pay 01 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
$118,350 shall be deposited with the City at the tune this Agreement is signed, and represent the
following estimates:
$85,000 Engineering Fees
$2,500 Attorney Fees
$25,000 5% City Fees
$600 Street Light Energy Cost
$5,250 Seal Coating
$118,350
If the City fees exceed this estimate, the Developer shall pay the additional costs to the City
within ten (10) days of the request.
D. The Developer shall pay in full all bills submitted to it by the City for obhgations incurred under
this Agreement wtthm thirty (30) days after receipt If the bills are not paid on time, the City
may halt development work and construction including, but not limited to, the issuance of
building perinits for lots which the Developer may or may not have sold, until the bills ate paid
in full 13i11s not paid within thuty= (30) days shall accrue Interest at the rate of rime percent (9
per year
E. The Developer shall pay all energy costs for street hghts 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
$0.75 /SY. The sealcoating will be completed within two (2) years following weal. course
placement.
19. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the
tune of, cxecuuon of any plat by the City:
A. Park dedication fees in the amount of $47,000
(Additional Park Dedicauon Fees will be required upon future platting of Outlot A)
B Geographic Information System (GIS) fees in the amount of $1,128
C. Storm Sewer Trunk Area Charges in the amount of $57,412
D. Sanitary Sewer Trunk Area Charges in the amount of $10,105
E. Watennain Trunk Area Charges in the amount of $41,548
Or other amounts for such fees as in effect at the time of plat approval.
JJT Business Park, First Addition
4/04/06
Page 6 of 10
20. The Developer understands that builders will be required to pay for the Subject Property fees, charges
and assessments in effect at the tune of issuance of building permts The rates for each of these items
will be set according to the current rate structure at the tune the building peurut 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 acre for industrial (currently at $2,065 /acre)
C Sanitary Sewer Availability Charges per SAC unit (currently at $1,200 /SAC unit).
D. Water Availability Charges per meter.
21. Building Permits. No occupancy permits shall be issued until:
A. The site grading is completed and approved by the City
B. All pubhc uulmes are tested, approved by the City Engineer, and in service.
C. All curbing is installed and backfilled.
D. The first hft of bituimnous is in place and approved by the City.
E. All building permit fees are paid in full.
F. No early building permits will be issued
The Developer, in execuung this Agreement, assumes all habihty 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 refereed to in paragraph 6 and 8 are in and approved by the City,
unless otherwise authorized in writing by the City Engineer
22. Developer's Default In the event of default by the Developer as to any of the work to be performed
by it beteunder, the City may, at its opuon, perform the work and the Developer shall promptly
reimburse the City for any expense uncutted by the City, provided the Developer is fist given notice of
the work in default, not less than 48 hours in advance. This Agreement is a hcense 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 m whole or in
part as a special assessment against the Subject Property. Developer waives its tights to nonce of
heating and heating 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 knitted to subdivision ordinances, zoning ordinances and
environmental regulations. If the City determines that the subdivision, of the plat, or the
development of the Subject Property does not comply, the City may, at its option, refuse to
JJT Business Park, First Addition
4/04/06
Page 7 of 10
allow construction or development work on the Subject Property until the Developei 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
pertmts, including lots sold to thnd parties.
D I any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for
any icason held invalid, such decision shall not affect the validity of the remairung portion of
this Agreement
E. If building permits are issued pnor to the completion and acceptance of public improvements,
the Developer assumes all liability and costs resulting vi delays in completion of public
improvements and damage to public nnpiovements caused by the City, the Developer, its
contractors, subcontractors, matetialmen, employees, agents or Hurd parues.
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 of waivers shall be m writing, signed by the
parties and appioved by written resolution of the City Council. The City's failure to promptly
take legal action to enforce this Agreement shall not he 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
I I. Each right, power or remedy herein conferred upon the City is cumulative and m addition to
every other right, power or remedy, express or unphed, now or hereafter arising, available to the
City, at law or in equity, 01 under any other agreement, and each and every tight, power and
remedy herein set forth or otherwise so exciting may be exercised from tune to mile as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the right
to exercise at any tune thereafter any othci light, 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 Developei by registered marl at the following
address:
JJT Financial LP
21476 Grenada Avenue
Lakeville, Minnesota 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 in care of the City Admuustator at the following address
City Adrnimsuator
Rosemount City Hall
2875 145th Street West
Rosemount, Minnesota 55068
JJT Busaiess Park, First Addition
4/04/06
Page 8 of 10
IN WITNESS WHEREOF, the parues have hereunto set their hands the day and year first above
written.
STATE OF MINNESOTA
COUNTY OF DAKOTA
ss
the said
Drafted By:
Czly n, f Raemount
2875 145th Street (West
Rosemount, MN 55068
CITY OF ROSEMOUNT
BY:
William H. Droste, Mayor
BY:
Jamie Verbrugge, Deputy City Clerk
BY:
Its
BY:
Its
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
2006, by William 1-I. Droste, Mayor, and Jaime Verbrugge, Deputy City Clerk, of the City of Rosemount, a
Muunesota 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
2006 by and
a on behalf of
Notary Public
JJT Business Park, First Addition
4/04/06
Page 9 of 10
EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Impiovements that are outlined
in the Subdivision Agreement-
Grading Erosion Control A restoration and erosion control bond to ensure revegetadon and erosion
control ($3,500 /acre) Note The iniimnum 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 iemoving any installed erosion control measures such as silt fence and woodfiber blanket
following development of 75 percent of adlouung 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 initumum 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.
Sueet Ltghtun r An amount equal to 110% of the cost to complete the minimum required fighting. 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 Monumentatton An amount equal to 110% of the cost to manufacture and install the necessary buffer
nnonumentauon signs around all ponds and wetlands ($50 per sign has been used to calculate this cost)
Par Equipment —An amount equal to 110% of the cost ofimprovements 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 fat 5 years to ensure their proper el cation. 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).
JJT Business Park, First Add ition
4/04/06
Page 10 of 10
No
hens
Cost
110%
Calculation
1
Grading and Erosion Connol
5 25,000
5 27500
Minimum 525,000
2
Pond Rcstoi anon and Ei osion Conti of Removal
5 25,000
27,500
Minimum $25,000
3
Survey NIonumcnta0 on
5 1,500
5 1,650
$500/lot *3 lots
4
Retaining Wall
5
S
N/A
5
Landscaping
5 4,000
S 4,400
Per Rick Pearson
6
Suect Lights
20,000
5 22,000
5
5 lights $4000 /light
N/A
7
Buffer Monumentation
S
Park Equipment /1n provcments
N/A
9
Wetland Rest0i ation /M lneation
5
N/A
10
Wetland Monaca ing
5
N/A
Total
75,500
83,050
No
item
Cost
Calculation
I
m
Engineer e Fees
85,000
17% of the estimated construction cost
2
Attoi ney Fecs
5 2,500
Estimate
3
5% City Ices
25,000
5% of Construction Cost
4
Sti Light Encigy Cost
S 600
5 lights 24 months $5 /month
5
Seal Coating
5 5,250
50 75 /SY 7000 SY
Watciam Runk A ica C
m
Total
118,350
$4420 /acre Q4 acres
N
Item
Cost
Cost
Calculation
1
Pat k Dedication
5 500,000
.5 47,000
1 %af 9 4 acres, multiplied by 550,000 per acic
2
GIS Fees
1,128
5120 /acre 9 4 tic] s
3
Ston Sewer Trunk Charge
u
Sanitary Save Trunk Area Charge
5 57,412
10,105
56200 /gi oss des el nimble acre 9
51075 /aci c 9 4 act es
26 acr
5
6
Watciam Runk A ica C
m
5 41,548
$4420 /acre Q4 acres
Total
157,193
No
Item
Cost
110%
Calculation
1
Estimated Construction Cost
5 500,000
550,00(1
Based on estimated construction cost
2
Less Initial Cash Deposit
S (100,000)
Deposit
Total
5 450,000
it Tor Ucvcloper Iinprovemen Is
.NGPRO) \402 \Subdivi +ion
of Credit for Fublic Infrastructure
by Fees
JJT Business Park, First Addition
EXHIBIT B (page 1 of 2)
evelopment Fees
Lot
Block
SQ FT
Acres
1
1
240,494
5 52
1
2
69,091
159
Outlot A
2.30
1,538,115
35 31
ROW
100.15]
230
Boundaiy Check
1,947,907
44 72
1'ondmg to 1 -1WL
0 15
Total Nat Atea=
44.72
Nct Des Atea=
44.57
Pondme to 13WL=
0.15
actcs
Pal Dedication=
9.41
acres
Dedicated ROW=
2.30
acres
JJT Business Park, First Addition
EXHIBIT B (Page 2 of 2)
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5.f. 06 -03 -PP JJT Business Park First Addition (Appro Development) Preliminary
Plat and 06 -04 -FP JJT Business Park First Addition (Appro Development) Final
Plat. Assistant City Planner Lmdhal reviewed the staff report. Jack Matasosky of JJT LLC
requested prehnmiary and final plat approval of the JJT Business Park First Addition to
allow the subdivision of 44.72 acres of land into two buildable lots and an outlot for future
subdivision. The site is currently vacant land and guided and zoned for Business Park use.
It was noted that should the City approve the subdivision, MRCI WorkSource has requested
site plan approval for a 20,600 square foot office /assembly building for Lot 1, Block 1 of JJT
Business Park First Addition. By ordinance site plans within the Business Park district, if
meeting all the performance standards, can be administratively approved and therefore
would not require Planning Commission or City Council review.
Chairperson Messner questioned the ownership of Outlot A. Community Development
Director Lindquist stated the outlot is owned by the Port Authority; however, the apphcant
plans to purchase the outlot from the Port Authority
Chairperson Messner invited the applicant to come forward.
Bruce Rydeen of Cerron Properties commented on three items. First, the applicant
requested that the park dedication fees on the outlot be deferred until the time the outlot
subdivided. Second, the applicant requested that they not be required to pay for the right
of -way necessary for the road which is currently under current City ownership. Lastly, the
applicant requested that they only be required to pay for the cost of constructing the half of
Boulder Avenue which abuts their property. Mr. Rydeen thanked the Commission and staff
for their help and consideration.
Ms. Lindquist stated that in conversations with Parks and Recreation Director Schultz about
park dedication fees, the intention is the fees will be listed in the Subdivision Agreement.
The fees for the park dedication may go up depending upon when development occurs. Ms.
Lindquist indicated that she told Mr. Rydeen to get his comments on the record since it is a
Council decision regarding road construction and right -of -way costs since the City owns the
outlot to allow the road to go on the City property There is a value associated since the City
did expend funds to obtain that property. The Council will be made aware of the applicant's
concerns.
Chairperson Messner opened the Public Hearing.
MOTION by Zum to close the Public Hearing. Second by Schultz. Ayes: All.
Nays: None. Motion approved.
MOTION by Messner to recommend that the City Council approve the preliminary
and final plat for JJT Business Park First Addition to allow the creation of two
buildable lots and an outlot for future subdivision, subject to the following
conditions:
1. Approval and meeting of conditions of the Dakota County Plat Commission.
2. Dedication of right -of -way for County Road 42 and Boulder Avenue and
Boulder Court rights -of -way.
3. Payment to the City of Rosemount for the City owned land necessary for the
extension of Boulder Avenue at a rate of $1 .85 per square foot.
4. Compliance with all Engineering comments regarding changes to the project's
Storm Water Management Plan prior to final grading permit approval.
5. Submission of a Storm Water Pollution Prevention Plan (SWPPP) for review and
approval by the City prior to final grading plan approval.
6. Payment of the following development fees:
1. GIS Fee 9.4 acres $120 /acre
$1128
2. Trunk Sewer Area Charge 9.4 acres $1075 /acre $10,105
3. Trunk Water Area Charge 9.4 acres $4420 /acre $41,548
4 Trunk Storm Area Charge 9.4 acres $6200 /acre $58,280
7. Payment of Park Dedication m the amount of $217,350 or the applicable amount
at
the time of final plat.
Second by Powell. Ayes: All Nays: None. Motion carried.
Mr. Lindahl stated the item will go before the City Council on March 21, 2006.
ROPERTY ID NUMBER 34 -03210 010.35
EE DINNER
'AYABLE 2005 TAXES
JET TAX
SPECIAL ASSESSMENTS
FOTAL TAX SA
'AVABLE 2005 ASMNT USAGE AG
JJT LLC
1013 FOREST LAKE CIR
MCKINNEY TX 75070
TOTE Dimensions rounded to nearest foot
;cpynght 2006, Dakota County
Ns drawing is neither a legally recorded map nor a survey and i9 not intended to be used as one
his crawmo is a commlation o` records, informa'on and data located in venous city, county, and
ta,e oPoCes and other so ,saes eteGtng the area shown, and s to be used for reererce purposes
my Dakota Couctr is not responsible `or any inaocuraoes herein contained If discrepancies are
ound, please contao Dakota County Survey and Land Information Department
tap Date February 16, 2005 Parcels Updated 02/092006 Aerial Photography 2004 2003
SITE MAP
2005 ESTIMATED MARKET VALUES (PAYABLE 2006) 20055 BUILDING INFORMATION (PAYABLE 2006)
LAND LOT SIZE NO DATA AVAILABLE
BUILDING
TOTAL
SCHOOL DISTRICT 196
LOCATION 5E1 /4 NW1 /4 SECTION 32- 115 -19
PAYABLE 2006 HOMESTEAD STATUS NON HOMESTEAD
WATERSHED DISTRICT VERMILLION RIVER
LAST QUALIFIED SALE
GATE AMOUNT
PLAT NAME SECTION 32 TWN 115 RANGE 19
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