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HomeMy WebLinkAbout6.l. Rosewood Village 3rd Addition Final Plat, KJ Walk, Inc., Case 10-04-FP4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: June 15, 2010 AGENDA ITEM: Case 10 -04 -FP Rosewood Village 3 I AGENDA SECTION: Addition Final Plat, KJ Walk, Inc. PREPARED BY: Jason Lindahl, AICP AGENDA NO. Planner ATTACHMENTS: Resolution, Draft 3 -23 -10 Planning APPROVED BY: Commission Minutes, Subdivision Development Agreement, Site Map, Rosewood Village 3rd Addition Final Plat, Rosewood Village Preliminary Plat and Resolution, Landscape Plans, Resolution and Concept Plan for Rosewood Commons (Lot 1, Block 2, Rosewood Village 3`d Addition), Rosewood Estates Final Plat, Rosewood Village Final Plat, Rosewood Village Second Addition Final Plat, Letter from Les Nordquist, President of Rosewood Village West Homeowners Associations bvi RECOMMENDED ACTION: Staff recommends the City Council make the following two motions: 1. Motion to adopt a resolution approving the final plat for Rosewood Village 3 d Addition. 2. Motion to authorize the execution of the subdivision development agreement for Rosewood Village 3rd Addition. SUMMARY Applicant & Property Owner(s): KJ Walk, Inc Location: Oudot A of Rosewood Village 2nd Addition and Oudots B & C of Rosewood Estates. West of Boxwood Path, south of 145``' Street, and north and east of the railroad. Area in Acres: Approximately 19.25 Acres Comp. Gi: ide Plan Desig: UR — Urban Residential and MD — Medium Density Residential Current Zoning: R -1, Low Density Residential with Rosewood Village Townhomes PUD The applic ant, KJ Walk, Inc, requests final plat approval for Rosewood Village 3`d Addition. The proposed final plat would combine Oudot A of Rosewood Village 2 "d Addition, and Oudots B & C of Rosewood Estates into a new plat known as Rosewood Village 3`d Addition. This final plat contains six detached townhome lots surrounded by common open space, oudots for the adjacent railroad spur and stormwater pond, and an additional lot for future development. As designed, staff recommends approval of the final plat subject to the conditions detailed in the attached resolution. PLANNING COMMISSION ACTION The Planning Commission reviewed this item during their regular meeting on March 23, 2010. Draft minutes from that meeting are attached for your reference. Senior Planner Eric Zweber presented the report to the Commission. After the presentation, the applicant noted that when the Rosewood Commons concept plan was approved, the Fire Marshal at that time stated that only limited access was needed for emergency purposes between the two developments. As a result, Mr. Israelson stated that if it would be acceptable to the City, they would like to have a temporary cul- de -sac on the west side of the spur with full access on the east side. Mr. Zweber responded the concept seemed fine and staff can work with the Fire Marshal to make sure the cul -de -sac is designed appropriately. Since the Planning Commission meeting, staff has agreed with the applicant that the cul -de -sac shall remain on the east side of the spur with an auxiliary fire apparatus access road extending from the west end of the cul -de -sac to the west boundary of Lot 7, Block 1. Hearing no other comments from the applicant or the public, the Commission voted unanimously that the City Council approve the final plat application for Rosewood Village Yd Addition, subject to the conditions contained in the staff report. Since the Planning Commission meeting, the neighboring homeowners association (HOA) expressed some concerns regarding future use of the auxiliary fire apparatus access road that extends from the west end of the cul -de -sac to the west boundary of Lot 7, Block 1. The applicant met with members of the HOA and staff was present as an observer. During the meeting, the applicant and the HOA came to the understanding that the auxiliary fire apparatus access road will be for emergency vehicle access only. The developer also agreed to meet all of the Fire Marshal's conditions for the design and construction of the auxiliary fire apparatus access road. As a result, the HOA no longer opposes this project (see attached e-mail from Les Nordquist). ISSUE ANALYSIS According to the city's subdivision regulation, final plats may be approved by the City Council after receiving a recommendation from the Planning Commission. The Planning Commission review does not require a public hearing but will evaluate the proposal against the preliminary plat, subdivision and zoning standards as well as the overall comprehensive plan. Final Plat. Section 12 -2 -3 details the requirements for final plat approval including "a preliminary plat in accordance with the provisions of this title." As proposed, the final plat would consolidate and subdivide properties from the Rosewood Estates plat. The platting history for this land along with a detailed description of the current subdivision proposal is provided below. This design is consistent with the general design of the preliminary plat and represents the final build -out of the Rosewood Village detached townhome development. Rosewood Estates was approved by the City in December of 2002 and subdivided the approximately 112 acre Lot 65 of Auditor's Subdivison No. 1 into 55 single family lots and 7 Outlots (A, B, C, D, E, F, and G) for future development. Oudot A was subsequently subdivided into Rosewood Village containing 43 single family lots and Rosewood Village Second Addition containing 56 detached townhome lots. Oudot C was developed into a stormwater management pond while Outlots D, E, F, and G remain undeveloped. The Rosewood Estates properties proposed to be part of the Rosewood Village Yd Addition final plat include Oudot A, Rosewood 2 "d Addition and Outlots B and C Rosewood Estates. Specifically, this final plat would subdivide the 1.63 acre Oudot A, Rosewood Village 2 "d Addition into six detached townhome lots surrounded by common open space. The final plat would also rename Outlot C, Rosewood Estates to Oudot B, Rosewood Village 3`d Addition for continued use as a 2 stormwater management pond. Oudot B, Rosewood Estates would be split with the portion of it covered by the railroad spur being dedicated to the railroad and the remaining portion being platted into Lot 1, Block 2, Rosewood Village 3`d Addition. The land in Lot 1, Block 2, Rosewood Village 3`d Addition together with Lot 1, Block 1, Greif Addition is part of the Rosewood Commons planned unit development concept plan approved in March of 2007 (see attached Resolution 2007 -29). The concept plan consists of a mixed -use residential and commercial development including up to six 40 -unit residential buildings totaling 240 apartment units and up to two commercial buildings. Future development of the approved Rosewood Commons concept plan will require a comprehensive plan amendment, re- zoning and connection to the auxiliary fire apparatus access road proposed for this final plat for emergency vehicle access (see access comments below). Land Ownership. The subdivision standards require applicants to provide sufficient evidence of title to satisfy the City Attorney. To that end, the applicant submitted a settlement agreement between themselves and the Soo Line Railroad. According to the City Attorney, the settlement agreement suggests that some of the property is owned by Progress Land Company while some is owned by the Soo Line Railroad. However, it does not include legal descriptions nor is it in a recordable format. This is significant because the applicant must demonstrate that they own and /or have the legal authority to subdivide the property and make any associated land dedication. Given that the settlement agreement suggests that both parties have some interest in the property, the City Attorney recommends the plat to be signed by authorized representatives of both Progress Land Company and the Soo Line Railroad. Laud Use & Zoning. The subject properties are guided UR — Urban Residential and MD — Medium Density Residential. They are zoned R -1, Low Density Residential with the Rosewood Village Townhomes PUD. Lots 1 -7, Block 1, Rosewood Village 3`d Addition are the lots in the new plat planned for immediate development. These lots are guided UR -Urban Residential and zoned R- 1, Low Density Residential with the Rosewood Village Townhomes PUD. These designations are consistent with the proposed detached townhome use. This information is detailed in the table below. Land Use and Zoning Information for Rosewood Wffagekd Addition Existing Parcel Proposed Parcel Land Use Zoning Proposed Use Outlot A, Lots 1 -7, UR — Urban R -1, Low Density Detached Rosewood Village Rosewood Village Residential Residential with Townhomes 2nd Addition 3rd Addition Rosewood Village Townhomes PUD Oudot C, Outlot B, N/A R -1, Low Density Stormwater Rosewood Estates Rosewood Village Residential with Management 3�d Addition Rosewood Village Townhomes PUD Outlot B, Oudot A and Lot MD — Medium R -1, Low Density Railroad Spur and Rosewood Estates 1, Block 2, Density Residential Residential Vacant Lot for Rosewood Village Future 3rd Addition Development Conformance with the PUD. Lots 1 -7 of the final plat are subject to the terms and conditions of the existing Rosewood Village Townhomes PUD agreement. This PUD details specific setback standards and detached townhome products built by Ryan Real Estate. The required setbacks are detailed in the PUD and summarized in the table below. 3 Rosewood Village Townhomes Setback Requirements Setback Dimensional Standard Front or Street Facing Corner 20' Side 5' Rear Adjacent to Single Family or Grei 30' 145' Street or Biscayne Avenue 40' Railroad Corridor /ROW /Easement 60' Lot Standards. As illustrated on the final plat, Lots 1 -6, Block 1 will be 50' wide and 80' deep. These dimensions are consistent with the minimum lot standards of the Rosewood Village Planned Unit Development as illustrated on the preliminary plat. These lots are surrounded by common open space in Lot 7. Landscaping. The Rosewood Village 3d Addition final plat will be required to conform to the plantings illustrated on the landscaping plan approved under the preliminary plat (attached). The plantings shown on the original landscape plan are detailed in the table below. It should be noted that the applicant shall replace the six Patmore Ash trees called for in the original landscape plan with six Maple trees to guard again potential spread of the Emerald Ash Bore. Staff recommends a condition of approval be required that the applicant provide a landscape security equal to $1,980 prior to release of the final plat. Rosewood 3�d Addition Landscape Planting Re uirements Code Plant Number B Northern Pine Oak 3 E Common Hackberry 3 PA Patmore Ash 6 AMB Autumn Blaze Maple 2 AM Amber Maple 3 SP Scotch Pine 4 Total N/A 21 In addition to the plantings detailed above, the original landscape plan called for a mixture of spruce trees planted 20' on- center along the entire perimeter of this site to provide screen from the railroad spur and the Greif site. These trees were installed as part of pervious development and shall be protected and preserved throughout the construction of this final plat. Any trees impacted by the construction of the auxiliary fire apparatus road shall be relocated or replaced on -site. Streets. The Grading and Utilities plan illustrates a "teardrop" shaped private cul -de -sac street. The interior of the teardrop will contain a center island surrounded by curb and cutter. The design of this road shall conform to the requirements of the City Engineer and Fire Marshal (see comments below) including an auxiliary fire apparatus access road that extends from the west end of the cul -de- sac to the west boundary of Lot 7, Block 1. Finally, according to the standards of the Dakota County Street Naming System, given the location and design of the street it shall be named "Lower 147'' Court West." Access. The design of this subdivision necessitates access to Lots 1 -6, Block 1 for development of six detached townhomes and Lot 1, Block 2 proposed for future development. The applicant has submitted an easement between themselves and MESA Properties demonstrating access to the six detached townhome lots. The applicant has also submitted a Quit Claim Deed granting an access easement over the easterly 50' of Lot 1, Block 1 Greif Addition permitting access from 145'' Street 4 West to Lot 1, Block 2 Rosewood Village 3`d. This easement insures public access to this property from a public street and is set to expire upon replatting of Lot 1, Block 1, Grief Addition. The private cul -de -sac street proposed to serve the six lots associated with this plat is also integral to access for the approved Rosewood Commons PUD concept plan for Lot 1, Block 2 Rosewood Village 3`a and Lot 1, Block 1 Greif Addition (see attached). The concept plan illustrates two accesses; a primary access to the north through 145s' Street and secondary emergency vehicle access to the east through the proposed Rosewood Village 3`d Addition final plat. The Fire Marshal notes that the 2007 Minnesota State Fire Code states projects having more than 200 dwelling units shall be provided with two separate and approved fire apparatus access roads. Therefore, staff recommends a condition of approval require the applicant to extend an auxiliary fire apparatus access road from the west end of the private cul -de -sac to the west boundary of Lot 7, Block 1 in conformance with the approved concept plan. In response to this comment, the applicant has illustrated the auxiliary fire apparatus access road on the Grading and Utilities plans as called for above. It should also be noted that the auxiliary fire apparatus access road shall be for emergency vehicle access only. Fire Marshal Comments. Upon review of Grading and Utilities plan for Rosewood Village 3d dated June 10, 2010 the Fire Marshal offers the following comments: 1. The width and location of the auxiliary fire apparatus access road located to the west between the circle drive and the rail spur is acceptable as drawn. This will serve as an alternative outlet for fire equipment from future development to the west. 2. All fire apparatus access road surfaces shall be asphalt, concrete or other approved driving surface capable of supporting the imposed load of at least 75,000 pounds. 3. The width of the street at the circle drive must be increased to a minimum of 20 feet curb to curb to be in compliance with MNSFC as a fire apparatus access road. The 26 foot width of the street connecting the circle drive to Boxwood Path is adequate. 4. The 40 foot radius of the circle drive at the outer curb is adequate to accommodate fire apparatus. 5. The fire hydrant location in the island of the circle drive is in a compliant location. 6. Fire access roads shall be marked with permanent NO PARKING — FIRE LANE signs complying with the 2007MNSFC D103.6, posted on both sides of the road. In addition, the applicant shall label this road on the Grading and Utility plans as "Emergency Vehicle Access Only." 7. Gates securing the fire apparatus access road shall comply with all of section D103.5 of the 2007 MNSFC. Park Dedication. The applicant shall pay Park Dedication Fee per residential unit (currently at $3,400 for each residential unit). The City is currently considering making adjustments to its standard park dedication fee for residential units. If this study results in an amendment to its standard park dedication fee per unit during 2010, the City will refund or credit the difference between park dedication fees paid prior to that time and the adjusted park dedication fee to the party that paid the fee. 5 EngineetiV Comments. Upon review of the Rosewood Village Third Addition Final Plat provided for review by KJ Walk, Inc. on behalf of Progress Land Company, Inc., the Engineering Department offers the following comments: General Comments 1. As a condition of plat approval, the applicant shall execute a subdivision or development agreement with the City to secure the public and private improvements associated with the proposed development. This agreement shall address items such as, but not limited to: conditions of plat approval, time of performance, identification of developer improvements and public improvements, security for improvements, ownership of improvements, and responsibility of costs. 2. Drainage and utility easements are shown within Outlot A (railroad spur track area). It is not clear why these easements are shown. 3. Prior to release of the final plat, the applicant shall provide verification to the City that all drainage and utility easements are adequate in location and width to accommodate existing and proposed infrastructure by supplying a digital copy of the plat, topographical survey, or other means as approved by the City Engineer. 4. An emergency access for the development of Lot 1, Block 2 is shown from the west edge of the cul -de -sac to the railroad right -of -way. The access is shown to extend through an existing berm. A revised grading plan shall be submitted to the City for review showing the emergency access with a maximum street grade of 2% as specified in the Engineering Guidelines. 5. Additional drainage and utility easements shall be incorporated into the final plat as deemed necessary upon review of the final utility plan at the discretion of the City Engineer. CONCLU 3ION & RECOMMENDATION As designed, staff is recommending approval of the final plat subject to the conditions detailed in the attached resolution. This final plat for Rosewood Village 3' Addition contains six detached townhome lots surrounded by common open space, oudots for the adjacent railroad spur and stormwater ponding, and an additional lot for future development. 1:1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2010- A RESOLUTION APPROVING THE FINAL PLAT OF ROSEWOOD VILLAGE 3RD ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from KJ Walk, Inc. requesting the Final Plat concerning the parcel legally described as: Outlot A of Rosewood Village 2nd Addition, Outlots B & C of Rosewood Estates, Dakota County WHEREAS, on March 23, 2010, the Planning Commission of the City of Rosemount reviewed the Final Plat for Rosewood Village 3rd Addition; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Final Plat subject to conditions; and WHEREAS, on June 15, the City Council reviewed the request for Final Plat approval and agreed with the Planning Commission findings and recommendation; and NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves Final Plat for Rosewood Village 3rd Addition, subject to: 1. Conform to all requirements of the preliminary plat detailed in Resolution 2003 -111. 2. Execute a subdivision or development agreement with the City to secure the public and private improvements associated with the proposed development. 3. The plat shall be signed by authorized representatives of both Progress Land Company and the Soo Line Railroad. 4. Lots 1 -7 of the final plat shall comply with all applicable terms and conditions of the Rosewood Village Townhomes PUD including, but not limited to, setbacks and the detached townhome units approved for Ryan Real Estate. 5. Future development of Lot 1, Block 2, Rosewood Village 3rd Addition consistent with the approved Rosewood Commons concept plan will require a comprehensive plan amendment, re- zoning and connection to the auxiliary fire apparatus access road proposed for this final plat for emergency vehicle access. 6. The applicant shall replace the six Patmore Ash trees called for in the original landscape plan with six Maple trees to guard against potential spread of the Emerald Ash Bore and submit a landscape security equal to $1,980 prior to release of the final plat. 7. The existing double row of spruce trees planted along the perimeter of the final plat shall be protected and preserved throughout construction of this development. 8. Conformance with all requirements of the Fire Marshal as outlined in the June 10, 2010 memo, including extension of an auxiliary fire apparatus access road from the west end of the private cul -de -sac to the west boundary of Lot 7, Block 1. 9. All fire apparatus access road surfaces shall be asphalt, concrete or other approved driving surface capable of supporting the imposed load of at least 75,000 pounds. 10. The width of the street at the circle drive must be increased to a minimum of 20 feet curb to curb to be in compliance with MNSFC as a fire apparatus access road. The 26 foot width of the street connecting the circle drive to Boxwood Path is adequate. 11. Fire access roads shall be marked with permanent NO PARKING — FIRE LANE signs complying with the 2007MNSFC D103.6, posted on both sides of the road. In addition, the applicant shall label this road on the Grading and Utility plans as "Emergency Vehicle Access Only." 12. Gates securing the fire apparatus access road shall comply with all of section D103.5 of the 2007 MNSFC. 13. According to the standards of the Dakota County Street Naming System, the private road serving this development shall be named "Lower 147th Court West." 14. Conformance with all the requirements of the City Engineer as outlined in the April 13, 2010 memo. 15. Payment of all development fees, including a $420 Geographic Information System (GIS) fee and a cash fee -in -lieu of parkland dedication as detailed below. 16. Payment of Park Dedication Fee per residential unit (currently at $3,400 for each residential unit). The City is currently considering making adjustments to its standard park dedication fee for residential units. If this study results in an amendment to its standard park dedication fee per unit during 2010, the City will refund or credit the difference between park dedication fees paid prior to that time and the adjusted park dedication fee to the party that paid the fee. ADOPTED this 15th day of June, 2010, by the City Council of the City of Rosemount. William H. Droste, Mayor AT] EST: Amy Domeier, City Clerk EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING MARCH 2.3, 2010 New Business: a. Rosewood Village 3`d Addition Final Plat, KJ Walk, Inc. (10 -04 -FP). Senior Planner Zweber stated the applicant, KJ Walk, Inc, requests final plat approval for Rosewood Village 3rd Addition. The proposed final plat would combine Outlot A of Rosewood Village 2nd Addition and Outlots B & C of Rosewood Estates into a new plat known as Rosewood Village 3`d Addition. This final plat contains six detached townhome lots surrounded by common open space, oudots for the adjacent railroad spur and stormwater pond, and an additional lot for future development. As designed, staff recommends approval of the final plat subject to conditions. Applicant, Warren Israelson, 6001 Egan Drive, Suite 100, Savage, of KJ Walk, Inc. stated that when the concept plan was provided to the City, the Fire Marshal at that time stated that only limited access was needed for emergency purposes. Mr. Israelson stated that if it would be acceptable to the City, they would like to have a temporary cul -de -sac on the west side of the spur with full access on the east side. Mr. Zweber responded the concept seems fine and staff can work with the Fire Marshal to make sure the cul -de -sac is designed appropriately. MOTION by Irving to recommend the City Council approve the Final Plat for Rosewood Village Third Addition, subject to the following conditions: Removal of Lot 1, Block 1 Greif Addition from the Rosewood Yd Addition final plat based on the finding that this property was not part of the original Rosewood Estates approval. 2. Execute a subdivision or development agreement with the City to secure the public and private improvements associated with the proposed development. 3. Conform to all requirements of the preliminary plat detailed in Resolution 2003 -111. 4. The plat shall be signed by authorized representatives of both Progress Land Company and the Soo Line Railroad. 5. The proposed road shall be extended to the western edge of Lot 7, Block 1 in conformance with the approved concept plan for Lot 1, Block 2. In addition, the applicant shall disclose to the purchasers of lots 1 -7 of Rosewood Village 3`d that this road may be extended across the tracks to serve Lot 1, Block 2 in the future and that extension may require reconfiguration of individual driveways. The applicant shall also post a sign at the end of the road stating the same. 6. According to the standards of the Dakota County Street Naming System, the private road serving this development shall be named "Lower 147`h Court West." 7. Conformance with all the requirements of the City Engineer as outlined in the March 18, 2010 memo. 8. Payment of all development fees, including a $420 Geographic Information System (GIS) fee and a cash fee -in -lieu of parkland dedication in the amount of $20,400 (6 x $3,400 per unit) prior to release of the final plat. 9. Conformance with all requirements of the Fire Marshal as outlined in the March 16, 2010 memo. 10. Lots 1 -7 of the final plat shall comply with all applicable terms and conditions of the Rosewood Village Townhomes PUD including, but not limited to, setbacks and the detached townhome units approved for Ryan Real Estate. Specifically, the plat shall be redesigned to insure that any structure built on Lot 4, Block 1 can meet the minimum 60' required setback from the railroad spur. 11. The applicant shall replace the six Patmore Ash trees called for in the original landscape plan with six Maple trees to guard against potential spread of the Emerald Ash Bore and submit a landscape security equal to $7,875 prior to release of the final plat. 12. The existing double row of spruce trees planted along the perimeter of the final plat shall be protected and preserved throughout construction of this development. 13. Future development of Lot 1, Block 2, Rosewood Village 3`d Addition consistent with the approved Rosewood Commons concept plan will require re- zoning and connection to the proposed road for this final plat. Second by Messner. Ayes: 3. Nays: None. Motion approved. As follow -up, Mr. Zweber stated this item will go before the City Council at their regular meeting April 20, 2010, with the few minor changes as discussed being completed before then. SUBDIVISION AGREEMENT Rosewood Village 3`a Addition AGREEMENT dated this day of , 2010, by and between the CITY OF ROSE'MOUNT, a Minnesota municipal corporation, (the "City "), and PROGRESS LAND COMPANY, INC., (the "Developer "). 1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Rosewood Village Yd Addition, which land is legally described on Attachment One, attached hereto and hereby made a part hereof (hereinafter referred to as the "subject property "). 2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following conditions: a. Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities. b. Execution of a Subdivision or Development Agreement to secure the public and private improvements. c. Payment of all applicable fees including G.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. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Subdivision Agreements for such phases are approved by the City. 4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 5. Development Plans. The subject property shall be developed in accordance with the following plans, original copies of which are on file with the City Engineer. The plans may be prepared, subject to City approval, after entering this Agreement, but before commencement of any work on the Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A — Plat Plan B - Soil Erosion Control Plan and Schedule Plan C - Drainage and Storm Water Runoff Plan G: \ENGPROJ \429 \Subdivisionagreement.docx Rosewood Village 3`' Addition 06/09/2010 Page 1 of 10 Plan D - Plans and Specifications for Public Improvements Plan E - Grading Plan and House Pad Elevations 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. Setting of Lot and Block Monuments B. Surveying and Staking of work required to be performed by the Developer. C. Gas, Electric, Telephone, and Cable Lines D. Site Grading E. Landscaping F. 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 September 2011. The Developer may, however, request an extension of time 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 429), shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property at Developer expense by a Contractor selected by the City through the public bidding process: A. Sanitary Sewer B. Watermain C. Storm Sewer D. Streets Attachment One shows the area within which the Public Infrastructure Improvements will be constructed pursuant to this Paragraph. Contracts shall provide for construction in accordance with plans and specifications prepared by the City or its consultants. The City will not enter into such contracts until all conditions of plat and subdivision approval have been met, the plat is recorded, and the City has received the bonds and security required by this agreement. The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department of Health and all other agencies before proceeding with construction. 9. Deposit for Cost of Public Infrastructure Improvements. For the purpose of financing the construction, installation and maintenance of the Public Infrastructure Improvements, the Developer shall promptly make payments to the City of sums deemed necessary by the City to make timely payments to its contractor as follows: Rosewood Village 3rd Addition 06/09/2010 G: \ENGPROJ \429 \Subdivisionagreement.docx Page 2 of 10 a. Prior to the City awarding the contract for the Public Infrastructure Improvements, the Developer will pay to the City a cash deposit in an amount equal to 25% of the total contract amount to cover one or more periodic payments to the City's contractor. Such deposit and later payments to the deposit as provided in this paragraph will be held by the City and used to pay the City's contractor for Public Infrastructure Improvements and no other purpose. b. From time to time, as the City's construction of the Public Infrastructure Improvements proceeds and the amount held in the Developer's deposit is diminished by payments to the City's contractor, the City will give written notice specifying an amount due from the Developer to replenish the deposit, as determined by the City to be necessary to cover one or more periodic payments to the City's contractor. Payments shall be due no later than three (3) weeks after receipt of notice by the Developer. c. No interest will be paid or credited to the Developer on funds held by the City in the deposit. Following final payment for Public Infrastructure Improvements the City will return any unused funds in the deposit to the Developer. d. Prior to the City awarding the contract, the Developer will provide a letter of credit in form satisfactory to the City in an amount to be determined, which will be calculated by multiplying the contract amount by 110% (1.1), and then subtracting the initial deposit amount as described in paragraph 9a, conditioned on the prompt and faithful performance by the Developer of its obligations under this paragraph 9. This letter of credit may be combined with any other letter of credit given to secure performance under this Agreement, provided 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 under the provisions of this paragraph, as an additional remedy, the City may, at its option, assess the Subject Property in the manner provided by Minnesota Statutes, Chapter 429, and the Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429.081, provided the amount levied, together with the funds deposited with the City under this paragraph, does not exceed the expenses actually incurred by the City in the completion of the Public Infrastructure Improvements. 10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement, payment of the costs of all Developer Improvements, and construction of all Developer Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash escrow or irrevocable letter of credit from a bank ( "security") in the amount of Nineteen Thousand, Thirty Dollars ($19,030), which is 110% of the estimated cost of the Developer Improvements. The amount of the security was calculated as follows: Refer to Exhibit A and Exhibit B for an explanation of each item. G: \ENGPROJ \429 \Subdivisionagreement.docx Rosewood Village 3rd Addition 06/09/2010 Page 3 of 10 Cost 110°/ Grading & Erosion Control $7,000 $7,700 Pond Restoration and Erosion Control Removal $5,000 $5,500 Survey Monumentation 53,500 $3,850 Landscaping $1,800 $1,980 Total $17,300 $19,030 Refer to Exhibit A and Exhibit B for an explanation of each item. G: \ENGPROJ \429 \Subdivisionagreement.docx Rosewood Village 3rd Addition 06/09/2010 Page 3 of 10 The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw on the letter of credit. With City approval, the letter of credit may be reduced from time to time as financial obligations are paid and developer - installed improvements completed to the City's requirements. 11. Grading Plan /Site Grading. Site grading shall be completed by the Developer at its cost and approved by the City Engineer. The completion of grading activities will need to be coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer satisfactory 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 occurring simultaneously with the grading, the utility contractor shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected. All improvements to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer. 12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City during the installation of Public Infrastructure Improvements. 13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72 hours after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast - growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc- anchored as necessary for seed retention. All basement and /or foundation excavation spoil piles shall be kept completely off City right -of -way and shall be completely surrounded with an approved erosion control silt fence. Approved erosion control fencing shall be installed around the perimeter of each lot or at City- approved locations at the time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 -foot opening will be allowed on each lot for construction deliveries. The parties recognize that time is critical in controlling erosion. If development does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. This right also applies to the required erosion control for basement and /or foundation excavation spoil piles. The City will attempt to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's or City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed, and no building permits will be issued unless the Subject Property is in full compliance with the erosion control requirements. G: \ENGPROJ \429 \Subdivisionagreement.docx Rosewood Village 3`' Addition 06/09/2010 Page 4 of 10 14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the City Planner. 15. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. After 24 hours verbal notice to the Developer, the City will complete or contract to complete the clean up at the Developer's expense in accordance with the procedures specified in Paragraph 13. The Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of erosion /siltation and restore to the original condition at the end of home construction within this development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit A. 16. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public rights -of -way and easements shall become City property without further notice or action unless the improvements are slated as private infrastructure. 17. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twelve (12) months after planting. 18. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subject Property including, but not limited to, Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the subdivision and the plat, the preparation of this Agreement and any amendments hereto, and all costs and expenses incurred by the City in monitoring and inspecting the development of the Subject Property. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement of this Agreement, including engineering and attorney's fees. Estimated City fees of $22,500 shall be deposited with the City at the time this Agreement is signed, with an additional $9,000 for Engineering Construction Fees due prior to the award of the contract. The City fees represent the following estimates: $ 5,000 Engineering Review Fees $ 9,000 Engineering Design Fees $ 9,000 Engineering Construction Fees (Due prior to contract award) $ 2,500 Attorney Fees S 6,000 5% City Fees $31,500 G:\ENGPROJ \429 \Subdivisionagreement. docx Rosewood Village 3rd Addition 06/09/2010 Page 5 of 10 If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City within ten (10) days of the request. Any and all amounts submitted by the Developer in excess of actual project costs will be reimbursed after the final contractor payment is made and the project is reconciled and closed out. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9 0/6) per year. 19. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time of, execution of any plat by the City: A. Geographic Information System (GIS) fees in the amount of $420. B. Storm Sewer Trunk Area Charges in the amount of $0. C. Sanitary Sewer Trunk Area Charges in the amount of $0. D. Watermain Trunk Area Charges in the amount of $0. Or other amounts for such fees as in effect at the time of plat approval. 20. The Developer understands that builders will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of building permits. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. The fees, charges, and assessments in effect as of this agreement are: A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $2,100). B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single family currently at $770; multi - family currently at $290 per housing unit). C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200 /SAC unit). D. Water Availability Charges per SAC unit (currently at $2,175/SAC unit for single family residential and multi - family residential). E. Park Dedication Fee per residential unit (currently at $3,400 for each residential unit). The City is currently considering making adjustments to its standard park dedication fee for residential units. If this study results in an amendment to its standard park dedication fee per unit during 2010, the City will refund or credit the difference between park dedication fees paid prior to that time and the adjusted park dedication fee to the party that paid the fee. 21. Building Permits. No occupancy permits shall be issued until: A. The site grading is completed and approved by the City. B. All public utilities are tested, approved by the City Engineer, and in service. C. All curbing is installed and backfilled. D. The first lift of bituminous is in place and approved by the City. D. All building permit fees are paid in full. E. No early building permits will be issued. G:\ENGPROJ \429 \Subdivisionagreement.docx Rosewood Village 3rd Addition 06/09/2010 Page 6 of 10 The Developer, in executing this Agreement, assumes all liability and costs for damage or delays incurred by the City in the construction of public improvements caused by the Developer, its employees, contractors, subcontractors, material men or agents. No occupancy permits shall be issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the City, unless otherwise authorized in writing by the City Engineer. 22. Record Drawings. At project completion, Developer shall submit record drawings of all public and private infrastructure improvements in accordance with the City's Engineering Guidelines. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 23. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 24. Miscellaneous. A. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision, or the plat, or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G:\ENGPROJ\429\Subdivisionagreement.docx Rosewood Village 3rd Addition 06/09/2010 Page 7 of 10 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 Agreement, at the Developer's request, the City will execute and deliver to the Developer a release. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so exciting may be exercised from time to time 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 time thereafter any other right, power or remedy. I. The Developer may not assign this Agreement without the written permission of the City Council. 25. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Progress Land Company, Inc. 6001 Egan Drive, Suite 100 Savage, MN 55378 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: City Administrator Rosemount City Hall 2875145 th Street West Rosemount, Minnesota 55068 G:\ENGPROJ\429\Subdivisionagreement.docx Rosewood Village 3`d Addition 06/09/2010 Page 8 of 10 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: William H. Droste, Mayor BY: Amy Domeier, City Clerk BY: Its BY: Its STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2010, by William H. Droste, Mayor, and Amy Domeier, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of .2010 by , and on behalf of said Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, AIN 55068 G: \ENGPROJ \429 \Subdivisionagreement.docx Rosewood Village 3rd Addition 06/09/2010 Page 9 of 10 EXHIBIT A The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined in the Subdivision Agreement: Grading & Erosion Control — A restoration and erosion control bond to ensure re- vegetation and erosion control ($3,500 /acre). Note: The minimum bond amount is set at $25,000. Pond Restoration /Erosion Control Removal — A security to allow for cleaning of sedimentation ponds prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood fiber blanket following development of 75 percent of adjoining lots (estimated lump sum). Survey Monumentation — An amount equal to 110% of the cost to monument all lots within the development. Landscaping — An amount equal to 110% of the cost to complete the minimum required landscaping. If additional landscaping is planned, a bond for that cost is not required. Retaining Walls — An amount equal to 110% of the cost to complete the retaining wall construction. Street Lighting — An amount equal to 110% of the cost to complete the minimum required lighting. If additional lighting is planned, a bond for that cost is not required ($4,000 per light has been used to calculate this cost). Buffer Monumentation — An amount equal to 110% of the cost to manufacture and install the necessary buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this cost). Park Equipment — An amount equal to 110% of the cost of improvements agreed upon to be completed in the park areas. Wetland Monitoring — An amount equal to 110% of the cost to hire a wetland specialist to monitor the mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City. Wetland Restoration/Mitigation — An amount equal to 110% of the cost to develop new wetlands should the mitigation not be effective ($20,000 per acre of mitigation). Rosewood Village 3rd Addition 06/09/2010 G:\ENGPROJ \429 \Subdivisionagreement.docx Page 10 of 10 Rosewood Village 3rd EXHIBIT B (Page 1 of 2) Letter of Credit for Develnner Imnrovements (due before sinned nlat is released) No. Item Cost 110% Calculation I Gradin g nd Erosion Control $ 7,000 $ 7,700 $3500 /acre • 2.00 acres 2 Pond Re,ioration and Erosion Control Removal $ 5,000 $ 5,500 25% of construction cost 3 Survey honumentation $ 3,500 $ 3,850 $500/lot • 7 lots 4 Retaining Wall $ - $ - n/a 5 Landscaping $ 1,800 $ 1,980 Per Planning Dept 6 Street Lights $ - $ - n/a 7 Buffer Monumentation $ $ n/a 8 Park Equipment/Improvements $ $ n/a 9 Wetland Restoration/Mitigation $ $ n/a 10 Wetland Monitoring $ $ n/a Total $ 17,300 $ 19,030 Letter of Credit for Public Infrastructure (due before the contract is awarded. date to be determined) No. Item Cost 110% Calculation I Estimated Construction Cost $ $ - To be determined after bids are received 2 Cash De sit due before receipt of bids 3 $ 25% of construction cost Estimate Total 5% City Fees $ 5% ofCity Estimated Construction Cost City Fees (due with sinned agreement) No. Item Cost Calculation I En inee ng Review Fees $ 5,000 City Engineer Estimation 2 Engineering Design and Construction Admin Fees $ 18,000 15% ofCity Estimated Construction Cost 3 Attorney Fees $ 2,500 Estimate 4 5% City Fees $ 6,000 5% ofCity Estimated Construction Cost 5 Street Light Energy Cost $ - n/a 6 Seal Coating$ $ n/a Totall $ 31,500 Development Fees (due before sianed Dlat is released) No. Item Cost Calculation I Park Dedication S - To be paid with building permits (currently $3,400 per unit 2 GIS Fees S 420 S60 /lot' 7lots, or $120 /acre 3 Storm Sewer Trunk Charge S - 2.03 ac paid w/2nd addition, remaining acres for Outlots A, B to be paid w /future plat 5 Sanitary Sewer Trunk Charge $ 2.03 ac paid w/2nd addition, remaining acres for Outlots A, B to be aid w /future plat 6 Watermain Trunk Charge $ 2.03 ac aid w12nd addition, remaining acres for Outlots A, B to be paid w /future plat 7 Stormwater Pondin Fee $ n/a Total $ 420 G: \ENGPROJ \429 \Subdicisionagrmment Caks Totals Block Lots Units — 1 0 0 2 0 0 3 0 0 4 0 0 5 0 0 6 0 0 Total 0 1 0 Total Plat Area = 18.93 acres Park Dedication = 0.00 acres Dedicated ROW = 0.00 acres Non - Developable Area = 16.90 acres Developable Area = 2.03 acres Ponding to HWL = 0.00 acres Developable Area - HWL = 2.03 acres G: \ENGPROJ \429 \Subdivisionagreement Calcs Rosewood Village 3rd EXHIBIT B (Page 2 of 2) Block Lot Knits SQ FT Acres I 1 1 4,000.0 0.09 1 2 1 4,000.0 0.09 1 3 1 4,000.0 0.09 1 4 1 4,000.0 0.09 1 5 1 4,000.0 0.09 1 6 1 4,000.0 0.09 1 7 64,560.9 1.48 2 1 332,052.5 7.62 ROW 1 0.00 ROW 2 0.00 OUTLOT A 312,346.1 7.17 OUTLOT B 91,811.2 2.11 OUTLOT C 0.00 Boundary Check 824,770.7 18.93 Ponding to HWL 0.0 0.00 ,jsewood Estates Site M&, L4 tP� rD li Ll ovi T FU T 3 -1 i Y _ _ H a' v9 � as F= - a � s s Y �s a 7¢ Y E .F WaC � EI B 3 H sg c �e � � t �E p ? cs � al s R 2 s [8 5 a`s =pp H^p a ➢C g; 4 a3 a_ a4� iIB Ea Y S �a s s E a �g g H�E a gip$ 5 s =g� &�- r tE2:B � a 8$8 Ysg' 8 H I $Y$H 2g� ?�B 3c23 J °eEa N dF _- 8:a' - �PYn' �� f 0 0 LLZI 6 CL l�l Y 3 X E Etl 9 dV 0 R a �4 EE ceE s' �a q Ss F.{ I r �g cE P Efe 4r rt_In.00 agga�a e - °s� o i ` L: IZ_A w `aaw g U e= w I f ASP V) I *_ fz� N H i VI I N O E a u a i l�l Y 3 X E Etl 9 dV 0 R a �4 EE ceE s' �a q Ss F.{ I r �g cE P Efe 4r rt_In.00 agga�a e - °s� o i ` L: IZ_A w `aaw g U e= w I f ASP V) I *_ fz� —�- -z —mac E6 a_S8 5 6 8 iB E E?5 �E E FG _5 gR�o O O W O w Q J � teec. 3.LIllmN i `c V Q L W T/ V i M � Z D A . O O \ u O " °o E ut � O L u N 9 y O O N K K S I I I 1 I I I I I I I I I I I I I UV I I - - - - -�8 OZ'S9� O F c o I to 0 1 N I 1 I r I I bb'b96�IAd e I 1 1 a I I 95'b961 N I I I e I I o m I I I I I 90'5961 1 91'S961 1 1 h I I I I I I I I I I I I I I I 1 I I I I I I 1 I I I 1 1 1 I 1 � I I G I 1 � I I 1 I 1 N 1 1 I I I I I I I 1 o ID 0 W Cl J Q U N o CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2003 -111 A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR ROSEWOOD VILLAGE DETACHED TOWNHOMES WHEREAS, the Community Development Department of the City of Rosemount received an application from Progress Land Company for approval of the Preliminary Plat for Rosewood Village Detached Townhomes; and WHEREAS, on September 9, 2003, the Planning Commission of the City of Rosemount reviewed the Preliminary Plat for Rosewood Village Detached Townhomes and recommended approval, subject to conditions; and WHEREAS, on October 7, 2003, the City Council of the City of Rosemount reviewed the Preliminary Plat for Rosewood Village Detached Townhomes; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Preliminary Plat for Rosewood Village Detached Townhomes, subject to: 1. Execution of a PUD Agreement to secure the expectations of the Developer installed amenities and improvements including architectural and landscaping exhibits and any concessions made by the City. 2. Incorporation of recommendations relative to drainage, easements, grading, street design and utilities by the City Engineer. 3. Conformance with all applicable building and fire codes with emphasis on circulation and maneuvering for emergency vehicles and fire hydrants as directed by the Fire Marshal. 4. Execution of a subdivision development agreement and conformance with the requirements for final plat. 5. Landscape enhancements to buffer dissimilar housing units and common driveways and to ensure sufficient space for the required landscaping in conformance with concept approval. 6. Recording of homeowners' association documents in a form acceptable to the City Attorney to secure perpetual maintenance and repair responsibilities for all common open space including common driveways and landscaping. 7. The City does not guarantee that the number of dwellings will not be reduced to bring the PUD in conformance with applicable standards. 8. The detached twnhomes shall be no closer than: a. Ten feet to any adjacent detached townhouse unit. b. Thirty feet to any adjacent property boundary line outside of the detached townhouse development. c. Forty feet to 145`h Street and Biscayne Avenue. The developer will provide good title to downstream areas that are intended to provide ponding for surface water runoff from the platted property. i RESOLUTION 2003- 111 ADOPTED this 7"' day of October, 2003, by the City Council of the City of Rosemount. ATTEST: Linda Jentinl:, C� lerk Motion by: Riley Voted in favor: DeBettignies, Voted against: None Member absent: Non William H. Droste, Mayor Seconded by: Strayton Shoe - Corrigan, Droste, Riley, Strayton 2 r` Jt- All NO ij Al Lo zr CO \ / 'r t ly I b V y b V h O l n r � �I J•�L�w ar � �jyP Y �J. p ^ I , I Y, f ' q ti q �� �J � � Y I I •r r b LJ y l � ^ / // /� 1 b b \ , J b I q I r• � \ yJ l'• ^ 0 b b ti b y IT �/ b b. •� y.T l / b b• ti.. IT i 1r3 •�\ f ' \�� f • 44 ; � t0 e 1 W< W y �CC Y 1 y p•! C O O W \ O O o� I ! •� b � b Y /+ CL FFSo / ;Joy j Q �\ q `ell Nab rs__ O / 3° r• I I CuJ�C gu\ w 6 N ril ° Z e 3 jam, I� 3 0 o is Ln � �•� In jh � -i I u N a6�. kF — CN Iz I � � 07 rl N h 4 . N S X -3 ° _' 47 N to i !£, CN 61 .alql pwdo,d \ -/ { avi w Polio)"? t \ o \•'. a:uaJ /J:;es Pa7u!I pa.:65o1c op w rasa � I (O In CL 3 ``��i£�} �j�i ��� ;� =T� i '•a:wo w'l1 Gar. !( I U � •�ao� 3�a' `des = �� .1} a � � 1 . � r ;1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2007- 29 A RESOLUTION APPROVING THE CONCEPT PLANNED UNIT DEVELOPMENT FOR ROSEWOOD COMMONS WHEREAS, the Community Development Department of the City of Rosemount received an a,,�plication from Progress Land Company requesting a Concept Planned Unit Development approval concerning property legally described as: Lot 1, Block 1, Greif Addition; Outlot B, Rosewood Estates; and Oudot C, Rosewood Estates, all in Dakota County, Minnesota. WHEREAS, on February 27, 2007, the Planning Commission of the City of Rosemount held a public hearing and reviewed the Staff report evaluating four Concept Planned Unit Development design alternatives; and WHEREAS, on February 27, 2007, Staff recommended approval of Design Four subject to conditions while the Planning Commission recommended approval of Design Three (except placement of Building 6 on Design Four) containing a mixed -use residential and commercial development consisting of up to six 40 -unit residential buildings totaling approximately 240 apartment units and one (1) commercial buildings, subject to conditions; and WHEREAS, on March 20, 2007, the City Council of the City of Rosemount reviewed the cornments from the public hearing as well as the recommendations from both staff and the Planning Commission and agreed with the staff recommendation. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Concept Planned Unit Development, endorsing Design Four containing a mixed -use residential and commercial development consisting of up to six 40 -unit residential buildings totaling approximately 240 apartment units and up to two (2) commercial buildings, subject to: 1. In exchange for the PUD, the developer shall create a universal "Historical Railroad Depot" architectural theme for this neighborhood. This theme shall carry over into the all buildings, amenities, lighting, pedestrian facilities and signs for the development. In addition, the developer shall provide underground parking in each residential building, extensive berming and landscaping, and private on -site recreational facilities as well as incorporate construction techniques to limit impact from the adjacent rail line. RESOLUTION 2007 - 2 9 2. To the extent possible, off -street parking for the commercial building shall be located behind the building to continue the land use pattern established in the downtown area. 3. The applicant shall work with Greif Brothers to eliminate glare from their existing lighting. 4. The applicant shall work with Greif Brothers to secure a landscape easement over the Greif Brothers land adjacent to the Rosewood Commons site to provide additional area for landscaping and open space. S. Conformance with all comments in the City Engineer's memo dated February 22, 2007. Conformance with all comments in the Park and Recreations Director's memo dated February 20, 2007. 7. Concept Plan comments from the Planning Commission and City Council shall be for guidance only and shall not be considered binding upon the city regarding approval of the formal PUD application when submitted. ADOPTED this 20'' day of March, 2007, by the City Co cil of the ity o Rosemount. William H. Droste, Mayor ATTEST; Amy Domeier, City Clerk Mo °ion by: DeBettignies Second by: Shoe - Corrigan Voted in favor: Sterner, DeBettignies, Shoe- Corrigan Voted against: —Baxter, Droste Member absent: Nine COMMERCIAL BUILDING 1 COMMERCIAL BUILDING 2 �L SITE PLAN - DESIGN 4 af3 El \ II DE5(�N 4- �nI 22 III 21 2C 1 SCALE 1' = 594 #41 //PROGRESS. ROSEWOOD COMMONS .. ® 2069 nickel lone 913.4, ks �°NpGOM4ANY(NG' ROSEMONT, MN h,M��,eB,�b�o� 309.09.9258 & CL O j CRAVVAGNUMSESt DRAWING NUMSER c s 'A 'IQ r,,4 I � z A N 3 :Z 5 64 T�- t 'C' Is L f c Z is I 2 Is. 12 Z :51 1, -2 t A Is tl 26 Is, 3-4 t sr a+s I h at 3nN3AY 3NAVVS1 9 Ail .0 P3 'S Ln L 66 L9Z Z L �j LL Del Yd nw- "4 C> do y3 Ln LU -0 Al ;9091 E t mlo PoS 15 O Lo DRAWING NUMBS 'PAWING NUMBER DRAWIN c cl 12 'o FO o In i4SP I A V c: N, -4, y- 6 9 tgy IF vt A\ ---..*-Z -3 Li It ---mmw- Z z A O v,7,—Em—R1 I oil., i ,... �_,_�.. .. .,_��,... _., �,, .�� L -- - - - -- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — - - - - - - - - 5'a � ��4i�N qty 2 i:: C) I , PJ IA: C. O O O ---------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - G Nums-A C, mtwlN a W, mmmg CL 0 Cmxwmc; %-L:i�BER I 'A' 61 co R/. -b to M 15 L7------------------ -- '55 3.20.Z1.0S Ln C) Lindahl, Jason From: Les Nordquist [lesndgst @yahoo.com] Sent: Tuesday, June 08, 2010 2:39 PM To: Lindahl, Jason Cc: Ed Holmes PA; Jeff Flugum Treasurer; Waldell Graves Vice President; Craig Olson Secretary Subject: Re: Rosewood Village 3rd Addition Mr. Lindahl City Planner, The Rosewood Village West Home Owners Association is not apposed to the Rosewood Village 3rd Addition if the west Access Road is a Fire and Emergency Apparatus Access Road only. The access road will have a security gate, Signs (No Parking at Anytime Fire Lane) and street markings as required by the Minnesota State Fire Code and any other requirements the Rosemount Fire Marshall has. These attributes should be so indicated on the print and specifications of the project. The Association request a copy of the final specifications and plat of the project. This project will also meet all PUD agreements as other Rosewood Village detached town home communities. Best regards, Les Nordquist President and the Board of Directors Rosewood Village West HOA PO Box 143 Rosemount, MN 55068 651- 423 -4802 - -- On Tue, 6/8/10, Lindahl, Jason < jason .lindahl@ci.rosemount.mn.us> wrote: From: Lindahl, Jason <jason.lindahl @ci.rosemount.mn.us> Subject: Rosewood Village 3rd Addition To: lesndqst@yahoo.com Date: Tuesday, June 8, 2010, 11:42 AM Hi Les - Thanks for talking with me today about your homeowners association concerns with the proposed final plat for Rosewood Village 3`d Addition. As I understand it, your HOA supports this development with the following condition: 1. The staff report will contain conditions requiring the proposed auxiliary fire apparatus access road to meet all requirements ofthe City Fire Marshal and be labeled on the plans as "For Emergency Access Only." Thanks Jason Lindahl, A.I.C.P. Planner 651 - 322 -2090 (Direct) 651 - 423 -4424 (Fax; 2875 145th Street West Rosemount, MN 55068 -4997 "SPIRIT OF PRIDE AND PROGRESS"