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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 $4420 /acre Q4 acres Total 157,193 No Item Cost 110% Calculation 1 Estimated Construction Cost 5 500,000 550,00(1 Based on estimated construction cost 2 Less Initial Cash Deposit S (100,000) Deposit Total 5 450,000 it Tor Ucvcloper Iinprovemen Is .NGPRO) \402 \Subdivi +ion of Credit for Fublic Infrastructure by Fees JJT Business Park, First Addition EXHIBIT B (page 1 of 2) evelopment Fees Lot Block SQ FT Acres 1 1 240,494 5 52 1 2 69,091 159 Outlot A 2.30 1,538,115 35 31 ROW 100.15] 230 Boundaiy Check 1,947,907 44 72 1'ondmg to 1 -1WL 0 15 Total Nat Atea= 44.72 Nct Des Atea= 44.57 Pondme to 13WL= 0.15 actcs Pal Dedication= 9.41 acres Dedicated ROW= 2.30 acres JJT Business Park, First Addition EXHIBIT B (Page 2 of 2) 1346 98 N 89 JAHL PAWL; LTC P0RiMER:y ]4- 0]ti0- o�i pi R N 8906'44') E X8 5 B9 AID HIGHWAY NO 42 Lip NARINER89P n a 22 n0 N 8906'44' E COUNTY STATE B5 BB NO HIGHWAY NO, 42 0v a 0 n h z m 0 m A >2 ➢2 zc cc z 0 r M Am C n2 J z u3 9 A 9 In AST. QUARTER :19 10j OUARTE"i R19 OF CerER hOpni n z z z n o z x- 0 m 'm nc H 00 01 0t o> zn S$ DEDICATED TO PLAT 1.530 SO FT I 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 TAX DESCR PTION PT OF NW 1/4 LYING E OF RR 32 115 19 40 c_ ee\ 4, t mss 107 W 5 000003 Y Nar 000003 0 y N 89°2613 E 111.6 72 44 544 83 5 89 °2613' 61 11 598 x11927'46 E PARTNERSHIP TM2R RTH cC r OR 1 a `5 f. a< SEL M 1 5 8. $.40R,A xr Dr N 89 24 39 Enis 2628 20 l P N 6 9 2 6 1 44 v 69'26't3 E 12449 5 89.26'13' w oR REG 3R-1115-R19 OD N 69'4 �g N 89;26 1 1748 'P m A m 91 C N z o N GO OA 2 3- z 1345 99 N 69 45 E STATE TRUNK HIGHWAY NC 3 PAHL FAMILY LTD FA0TNLF541P 11-93210-0 1-95 WAR fi F 04x160 m 51: 32-7 -RI9 9 T-o oo< .o <LF9i'" w�M RE 40140050 PARER or in, MORT11451 N 592430'EF19 u 2628 20 L 41 6 n 0994 :wm9.c11 PAHL FAMI 3 LLD Ap1NFPA-0P E =D1 `nn o =1 z I m U 9 0 Z -u Z Cl z 0 0 53 ut n 1 CO E z ni o 16.! z y n° d o [6 O,00 00 2100 3100 4+00 1 o lu II T41,1 it 9690 II 951 M; 95190 5. 55 590 9�8 10 5.90 56515 1 U 9 0 Z -u Z Cl z 0 0 53 ut n 1 CO E z ni o 16.! z y n° d o [6 O,00 00 2100 3100 4+00 1 II T41,1 it 9690 II 951 M; 95190 5. 55 590 9�8 10 5.90 56515 1 U 9 0 Z -u Z Cl z 0 0 53 ut n 1 CO E z ni o 16.! z y n° d o -n A m H y P Z O m O N zi z 0 za s Z Z m N co N A 7 MOUND BA$M SLOPE TO P OVIDf PROPER COVER CV¢R f?IPE, II8 I I I �I N B60 Z Z m N co N A 7 MOUND BA$M SLOPE TO P OVIDf PROPER COVER CV¢R f?IPE, gp i J FTZ G 0 0 C") z rrl z z z m m m 0 I..