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HomeMy WebLinkAbout6.q. Rosewood Secong Addition PUD Agreement, Final Plat and Subdivision Development AgreementCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council. Meeting Date: July 6, 2004. AGENDA ITEM: Rosewood Village Second Addition Final AGENDA SECTION: Plat, PUD Agreement and Subdivision Consent Development Agreement PREPARED BY: Rick Pearson, City Planner AG Anthony Aderhold, Project Engineer ATTACHMENTS: Draft'Resolution, Rosewood Second Addition PUD Agreement, Subdivision Development Agreement, Final Plat Reductions, Location map, Engineering memo, Planning Commission meeting APPROVED BY: minutes 9 -9 -03, City Council Meeting minutes 10-7-03, Resolution 2003 -111 RECOMMENDED ACTION: 1. Motion to adopt a resolution approving the final plat for Rosewood Village Second Addition with conditions. 2. Motion to authorize the execution of the Rosewood Second Addition PUD Agreement. 3. Authorize the execution of the Rosewood Second Addition subdivision development agreement. ACTION: ISSUE This final plat has been revised to accommodate 56 detached townhouses south of 145 Street West between Biscayne Avenue, and the Greif Bros. industrial site. Six units have been removed from the western corner adjacent to the rail spur connection with Greif Bros. property. This decision by the developer is in response to previously stated conditions for compliance with Fire Code circulation and setback issues. The Developer is confident that the rail spur will be removed at some time in the future, resulting in opportunities for redesign and expansion. Therefore, the area that formerly anticipated six detached townhouse units has been redrawn as an outlot. This revised plat was brought back the to Planning Commission as an update, and was recommended for approval as a consent item. In addition, the PUD Agreement has been assembled for Council authorization, which will secure the housing styles, setback standards and landscape improvements. Lastly, the Subdivision Development agreement securing public infrastructure has also been attached. This final plat represents the final stage of planning review for most of the detached townhouse project in Rosewood, south of 145' Street W. The balance of the final plat has been compared with the preliminary plat and conformance with the conditions of approval is required. The attached resolution details those conditions. BACKGROUND Applicant & Property Owner(s): Warren Isrealson of Progress Land Company Location: South of 145 Street West, East of Greif Bros. and the rail spur. Number of dwelling units: 56 detached townhouses (formerly 62) Comp. Guide Plan Desig: Urban Residential Current Zoning: R -1, Low Density Residential Planning Commission action: Recommendations of approval SUMMARY The final plat for Rosewood Second addition completes the residential planned unit development for the Rosewood area. Remaining vacant land along County Road 42 is not covered by the PUD. The 80 ft. x 50 ft. lots on the plat each contain a detached unit. It should be noted that the footprint of the units are much smaller that the lots. This should relieve the impression that there may be setback issues. The lots allow individual units to be 52 -54 feet long without causing setback problems. This holds true even with the additional 7 feet of right -of -way required for 145 Street West. The thirty -foot wide drainage and utility easements that wind through the plat area is the location of the shared private street / driveway. The recommendation from the City Engineer would extend the easement over the entire area of Lot 39, Block 1 and Lot 25, Block 2. Both are the common open space for the development that would be maintained by the homeowners' association. The big issues of the preliminary plat process focused on screening landscaping along side the Greif Bros. property and the rail spur that services the industrial use. Other critical issues include setbacks along the outer edges, between buildings and the private streets. The final plat has been compared with the preliminary plat and is consistent. Execution of the PUD and Subdivision Development agreements will secure the public infrastructure and private improvements including landscaping and the security fence. The final plat is consistent with the preliminary plat and no public hearing is required. Staff is comfortable that all of the conditions of preliminary plat can be met, either prior to recording of the plat, or issuance of building permits. PLANNING COMMISSION REVIEW The Planning Commission first reviewed the Final Plat on April 27, 2004, prior to the revision that removed the six dwelling units. Subsequently, it was reviewed on June 22, 2004 after the revision. No comments or concerns were identified at either time. 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004- A RESOLUTION APPROVING THE FINAL PLAT FOR ROSEWOOD VILLAGE 2 ND ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from Progress Land Co., Inc. requesting Final Plat approval for the Rosewood Village 2nd Addition, legally described as: Outlots A and B, ROSEWOOD VILLAGE, according to the recorded plat thereof, Dakota County, Minnesota. WHEREAS, on April 27, 2004, the Planning Commission of the City of Rosemount reviewed the Final Plat for Rosewood Village 2 Addition for detached townhouses in the area west of Biscayne Avenue and south of 145 St. W.; and WHEREAS, the Planning Commission of the City of Rosemount found the Rosewood Village 2nd Addition Final Plat consistent with the Preliminary Plat as it was approved; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Rosewood Village 2 Addition, subject to conditions; and WHEREAS, on June 1, 2004, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Final Plat for Rosewood Village 2 Addition; and NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Final Plat for Rosewood Village 2 Addition, subject to: 1. Execution of a subdivision development agreement. 2. Dedication of an additional 7 feet of right -of -way for 145 Street West for a total of 40 — feet of half - right -of -way from the section line. 3. Lot 39, Block 1 and Lot 25, Block 2 shall have a drainage and utility easement over the entire lot. 4. Incorporation of recommendations relative to drainage, grading, and utilities by the City Engineer. 5. Payment of all development fees in accordance with the current fee schedule including G.I.S. Fees and 62 units of Park dedication. 6. Security Fencing and screening landscaping shall be installed prior to issuance of building permits. 7. No gaps in fencing or landscaping will be permitted along the rail spur or the adjacent RESOLUTION 2004 - industrial use. 8. Conformance with the conditions of Resolution 2003 -111 including execution of a PUD Agreement prior to recording the final plat. ADOPTED this 6th day of July 2004 by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Voted in favor: Voted against:_ Member absent: Second by: 2 PLANNED UNIT DEVELOPMENT AGREEMENT ROSEWOOD VILLAGE TOWNHOMES ALSO KNOWN AS ROSEWOOD VILLAGE SECOND ADDITION PROGRESS LAND COMPANY THIS AGREEMENT dated this day of , 2004, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ( "City "), and, Progress Land Company, Inc., 6001 Egan Drive, Suite 100 Savage, Minnesota 55378 (the "Developer "). WHEREAS, the Developer is the owner of the real property legally described as: Qutlots A & B, Rosewood Village, according to the recorded plat thereof, Dakota County, Minnesota, (hereinafter referred to as the "Subject Property "); and, WHEREAS, in connection with the development of the Subject Property, the Developer has applied to the City for approval of a Residential Planned Unit Development (hereinafter referred to as "the PUD ") for to the Subject Property pursuant to the ordinances of the City; and, WHEREAS, the City has approved the PUD on the basis of a determination by the City Council that such PUD is acceptable only by reason of details of the Developer's development proposal as described herein and the buffering of dissimilar and potentially incompatible adjacent land uses by landscape treatments included herewith proposed for the property, the PUD would not have been approved; and, WHEREAS, as a condition of approval of such PUD, the City has required the execution and filing of this document by the Developer; and, WHEREAS, to secure the benefits and advantages of such approval, the Developer desires to subject the Subject Property to the terms hereof; NOW THEREFORE, the Developer declares that the real property described above is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions and restrictions set forth herein and agrees as follows: L Residential Planned Unit Development All residential development of the Subject Property shall comply with the Development Plan approved by the City and with conditions specified below. Where a specific condition is not addressed herein, the conditions of Resolution 2003 -111 adopted by the City Council on October 7, 2003, which resolution is attached hereto as exhibit _ and hereby made a part hereof shall apply. Otherwise, the regulations of the City Zoning Ordinance (Ordinance B "Zoning Regulations ") shall apply. The Development Plan consists of the following documents, original copies of which are on file with the City of Rosemount Community Development Department, and of which photo reduced copies are attached as Exhibits 1 and 2: Page # Title Dated Revised Exhibit 1 of 1 Rosewood Villages Detached Townhomes 7/22/03 10/03/03 1 (Preliminary Plat) - except as noted below 1 of 1 Rosewood Village Landscape Plan 8/29/03 2 — except as noted below Architectural Elevations Description Date Exhibit Ryan Real Estate "Landen" Front Elevation 5 -14 -04 3a Ryan Real Estate "Landen" Side & Rear Elevations 9 -18 -03 3b Ryan Real Estate "Landen" First Floor Plan 8 -30 -03 3c Ryan Real Estate "Amber" Front Elevation 5 -14 -04 4a Ryan Real Estate "Amber" Side & Rear Elevations 1 -9 -04 4b Ryan Real Estate "Amber" First Floor Plan 1 -9 -04 4c Ryan Real Estate "Jacob" Front Elevation 5 -14 -04 5a Ryan Real Estate "Jacob" Side & Rear Elevations 12 -23 -03 5b Ryan Real Estate "Jacob" First Floor Plan 12 -23 -03 5c Keyland Homes PL #3905 Elevations 5 -14 -04 6a Keyland Homes PL #3905 First Floor Plan 5 -14 -04 6b Keyland Homes PL #3904A Elevations 5 -14 -04 7a Keyland Homes PL #3904B Elevations 5 -13 -04 8a Keyland Homes PL #3904 First Floor Plan 5 -14 -04 8b Keyland Homes PL #3903 Elevations 5 -14 -04 9a Keyland Homes PL #3903 First Floor Plan 5 -14 -04 9b Keyland Homes PL #3902 Elevations 5 -14 -04 10a Keyland Homes PL #3902 First Floor Plan 5 -14 -04 l Ob Keyland Homes PL #3901 Elevations 5 -14 -04 l la Keyland Homes PL #3901 First Floor Plan 5 -14 -04 1 lb Keyland Homes PL #3900 Elevations 5 -14 -04 12a Keyland Homes PL #3900 First Floor Plan 5 -14 -04 12b II. Conditions of Planned Unit Development Approval The development and use of the Subject Property shall be consistent with the following requirements: A. Except as specified herein, Conformance with the requirements of Ordinance B, the Zoning Ordinance and the conditions of resolution 2003 - 111, approving the Preliminary Plat for the Property attached as exhibit 9. B. Building Setbacks for Rosewood Detached Townhomes are as follows: • 30 feet from adjacent property lines in Rosewood Village and Greif Bros. • 40 feet from 145 Street and Biscayne Avenue rights -of -way. • 60 feet from the railroad spur corridor or right -of -way / easement as shown on the plan. • 10 feet between individual detached units (five feet side -yard setback along common detached townhome side lot lines. C. Conformance with the architectural detail for detached town -homes attached as exhibits 3 -15. The detached townhouses are limited to a maximum foundation "envelope" depth of 54 feet and 40 feet width. In the case of a setback standard deficiency, several housing options have dimensions less than the maximum foundation envelope. No variances to the above - mentioned standards have been granted as part of the PUD. D. The PUD includes extensive plantings along the western edges of the development area adjacent to either the railroad or the Greif Bros. Industrial property. In addition to that which is indicated on the plan: • Screening plantings are required along Biscayne Avenue, 145 Street West and the side or rear yards adjacent to single - family homes. • Additional screening landscaping is required between units 12 -20 across from Lots 1, 17, 18, 20 and 21, Block 1, as well as the screen the common driveway from the single family lots 17 & 18, Block 1, Rosewood Village. • Maintenance and replacement of said plantings shall be the responsibility of the Homeowner's Association or the individual homeowner. • All boulevard trees shall be provided sufficient space for healthy growth and be planted no closer that 3.5 feet from curb & gutter, sidewalks, trails or streets. • Visibility at intersections and shared private driveways shall be maintained in accordance with Section 7.2.C.5 of the zoning ordinance. E. Lots 6 and 7 adjacent to the rail spur and Greif Bros. indicate dwellings non- conforming with zoning standards for setbacks alongside railroads. Therefore, lots 6 and 7 should either be deleted, or the area revised to preserve the required sixty (60) feet of setback to the railroad corridor. If the rail spur is removed at some time in the future, and the railroad has no claim to the corridor, the Developer may apply for a PUD amendment and administrative plat for additional housing units consistent with above- mentioned standards. F. The driveway serving lots 4 -9 is required to have a turn- around that meets City standards for emergency vehicles acceptable by the Fire Marshal. Said turn- around shall not pre -empt screening landscaping required for the railroad spur. G. All Park Dedication in the form of monetary compensation shall occur with the final plat approval prior to recording. III. Administrative Provisions A. The Development Plan represents the approved development on the Subject Property. Amendments to the Development Plan shall be processed in accordance with Section 12.6 of the Zoning Ordinance. The City Council will have the discretion to determine if a major amendment process with public hearings is warranted. Any amendments to this agreement shall be in writing and executed by both parties. B. Breach of the terms of this agreement by the Developer, or any successor or interest, shall be grounds for denial of building permits. C. Each phase of the development will require final plat approval. At the time of final plat, a development or subdivision agreement shall be executed between the City and the Developer in order to secure public improvements and park dedication. Minor amendments to the PUD may be included. As a condition of approval for any subdivision or re- subdivision of the Subject Property, the City may require the execution and filing of such agreements as the City Council of the City deems necessary or expedient to assure the performance of the Developer's obligations under this or any other related agreement with the City including, but not limited to the planting and maintenance of landscaping, preservation of wetlands, maintenance of trails or sidewalks, maintenance of private streets, restrictions on accessory structures and outside parking or storage, maintenance of outlots and common areas. D. Temporary sales offices consistent with applicable building code requirements shall be permitted on lots located at the entrances to neighborhoods. Such offices shall be required to conform to applicable City and zoning standards for materials, setbacks, landscaping and erosion control. Parking areas shall conform to applicable setbacks. Parking surfaces may consist of crushed rock or other materials acceptable to the City Engineer. Surfaces shall be maintained at the expense of the Developer in a manner that will prevent erosion or rutting by vehicles. The sales offices shall be removed at the Developer's expense when the Development of the applicable neighborhood is no more than 75 % complete with housing units. E. The Developer represents to the City that to the best of its knowledge, the PUD development complies with all City, county, metropolitan, state and federal laws and regulations, zoning ordinances, and environmental regulations. If the City determines that the PUD development does not comply, the City may, at its option, refuse to allow construction or development work in the PUD development until the Developer does comply. F. If any portion, section, sentence, clause, paragraph or phrase of this agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. G. This agreement may be enforced by the City acting through its City Council. 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 both parties and approved by the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. H. Each right, power or remedy herein conferred upon the City or the Developer, respectively, as the case may be, is cumulative and in addition to every other right, power, or remedy, express or implied, now or hereafter arising, available to the City or the Developer, at law or in equity, or under any other Agreement, and each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City or the Developer and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. This Agreement will run with the land and bind the Developer and all future owners of the land within the Subject property, and shall be recorded by the Developer against the subject property. 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 an appropriate partial release from this agreement. J. The Developer may not assign this agreement without written permission of the City Council except that the Developer may assign this agreement and the obligations under it to any subsequent owner or successor of any part of the Subject Property. K. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting from delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. L. Required notices to the Developer shall be made 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, Minnesota, 55378. Notices to the City shall be in writing and 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: Rosemount City Hall, 2875 145 Street West, Rosemount, MN 55068, Attn: City Administrator. M. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT William H. Droste, Mayor By: Linda Jentink, City Clerk PROGRESS LAND COMPANY, Developer IM Warren Isrealson Its: President STATE OF MINNESOTA ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2004, by William H. Droste, Mayor, and Linda Jentink, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ' 2004, by Warren Isrealson, the President of Progress Land Company, Inc. 6001 Egan Drive, Savage, Minnesota, 55378 on behalf of the corporation. Notary Public Drafted by: City of Rosemount 2875145` Street West Rosemount, MN 55068 PROGRESS ENGINEERING, INC. 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AC 0 B Fc, I <i n- z�. � c7 r > m > m m A U� 11 Q ' 0 m I m r m D O / Z D � O D z Z N m D r m D m C- D C) rn W mm O Z n rte= A x N cr O � 4 6 2 � <i n- z�. � c7 lip 1 CIO m m r m D O Z >_`nC r r r O 1\ilyn -t O OZ 0A m a zN�i � x 7 O / Z mZ Z ON A = Hz m =0 mZ o m A i3 r > m m A U� 11 Q ' 0 m I m r m D O Z lip 1 CIO m m r m D O Z >_`nC r r r O 1\ilyn -t O OZ 0A m a zN�i � x 7 O / Z mZ Z ON A = Hz m =0 mZ o m A i3 CANT ILR 151'S 2-0 ABOVE THIS WALL ARCH IS RECE 10 BACK F ROM L ACE OF -PL-. 7'- 1 TYP - 2) W /uLD BELO OPNG ANGLE RETURN WALLS ORNER DETAIL Ib i II t IJ of I I I I I RAILING (STYLE TO 22 ._ 0 . . 18 ._ 0 1. 10�_ 5/o- 2/6,,5/0 O'R -ABC e . 0 (Typ-7) =9 - - - - 1111___ - - 31 9- 1/ 3/ R BA g M.L. wL. LUSH 4L I ID DER AS -E AOER i,, < 'A 3) 1-3 1/ 2J 4. 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F�7BpARp, OR HO WRAPS. 12 12 f 5U4w6 TRM OVER 5/4w 1 2 TRM ALUAN -M SOFFIT STEEL FASCIA VNTL SONG AND COPIERS HOUSE WRAP STONE PER ELEVATION 48' NGH FROM G7ADE EXTBID TRIM 1' PAST SOFFIT MATT FOR ALl1.YY.M SOFFITS W 110LISE WRAP _ S I VNn SDNG -/ I VNYL 51DNG J I GS TO 13E 42' GRADE. L_ == STCX'E WRAP REAR ELEVATION - SCALE- 1/8• - I• -O' ROOF VENTS (7) REO'D AT 50 SO E.A. 2 ASPH. 54NGLES 6� 5/4 w e FREEZE TRM rSTALL 4' CURVED SIDEWALK — FRONT ELEvd"rinNI — SCALE 1/4' - 1-0• HOME FOR ALUAILM SOFFIT STEEL FASCIA ' At 12 PT[YJ G w SCALE- 1/8 - 1' - ALL NON- MK"Ai® FEAOET7ID OPBSJ65 t£ 2- 2w10'w LEM -FR •2 OR �4ER. Fp• IOOO TO 0 - NDICATES BJLT - LP POST E.G. 3 PROVIDE SOLD 19LOCKM N JOIST SPACE BELOW ALL LOAD EEARM POSTS VINYL SONG 12 8 �- 5• VNTL BN`D BOARD _ - E�p n� I r (l a L: �. STEEL FASCIA TT I MAY f 4 2004 �I HOUSE WRAP Vrm som AND CARNETS By 5777E PB ELF/ATKXJ 48' F - FR OM GRADE Exhibit 1; �CY LAW H 0 M C s (SITE ADOR ) (CITY) ?a DRAWN BT SRK MAY 13, 2004 REVISED. PL3900 SFgf OF 4 ==_j 14 — RIGHT ELEVATIONI — 5/4x6 TRIM Iw6 OVER 2.10 BOTTOM T'RM 18• TALL TFE5E PLANE AND pRNiS REMAIN 71-E NOT ELEVATION d2AWNG5 ARE FOR I.LUSTRATKXN IXCUAVE CCrEDEMIAL PROPE37TT OF TFE OKTS). ANp MAT EE USED BT 01182" PUR POSES CNLYI TFET ILLUSTRATE CLIP STANDARD IC CN A TYPICAL FOR 1 O SPECFICALLY FT LOT. EXACT ELEVATION OF 7FE HOlIE TO BE CONSTRUCTED ON TQA LOT WILL VART AUn- UIFK)RIZISD B BY THE I-E OM ER. CEFEN• LPON MANY' FACTORS. SOhI OF TI-E FACTORS THAT AT CO&fAONLT WILL AFFECT ELEVATION UVAURIORIZED COPYNG OR REPRODUCTK)N ARE WE TOPOGRAPWY OF WE LOT. TI-E MASTER 77ADNG PLAN FOR T1 4E SLJFDIVSION. N.JM�R OF OF ANY PORTION 15 FORBIDDEN. IN COLPSES OF BLOCK N BASEA�ENT . TYPE OF FLOOR JOISTS. WJGHT OF FLOOR CEILING. ETC. Ki COPTRAT KEnAND HOLES 5/4 w e FREEZE TRM rSTALL 4' CURVED SIDEWALK — FRONT ELEvd"rinNI — SCALE 1/4' - 1-0• HOME FOR ALUAILM SOFFIT STEEL FASCIA ' At 12 PT[YJ G w SCALE- 1/8 - 1' - ALL NON- MK"Ai® FEAOET7ID OPBSJ65 t£ 2- 2w10'w LEM -FR •2 OR �4ER. Fp• IOOO TO 0 - NDICATES BJLT - LP POST E.G. 3 PROVIDE SOLD 19LOCKM N JOIST SPACE BELOW ALL LOAD EEARM POSTS VINYL SONG 12 8 �- 5• VNTL BN`D BOARD _ - E�p n� I r (l a L: �. STEEL FASCIA TT I MAY f 4 2004 �I HOUSE WRAP Vrm som AND CARNETS By 5777E PB ELF/ATKXJ 48' F - FR OM GRADE Exhibit 1; �CY LAW H 0 M C s (SITE ADOR ) (CITY) ?a DRAWN BT SRK MAY 13, 2004 REVISED. PL3900 SFgf OF 4 ==_j 14 — RIGHT ELEVATIONI — O cn I Z CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA rn RESOLUTION 2003 -111 - A RESOLUTION APPROVING THE w 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 PLTD in conformance with applicable standards. S. The detached townhomes 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 Street and Biscayne Avenue. 9. The developer will provide good title to downstream areas that are intended to provide ponding for surface water runoff from the platted property. RESOLUTION 2003- 111 ADOPTED this 7`" day of October, 2003, by the City Council of the City of Rosemount. 2� i William H. Droste, Mayor ATTEST: Linda Jentink, Cj lerk Motion by: Riley Seconded by: Strayton Voted in favor: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton Voted against: None Member absent: NnnP 2 SUBDIVISION AGREEMENT Rosewood Village Second Addition AGREEMENT dated day of , 2004, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ( "City "), and PROGRESs LAND COMPANY, a Minnesota Corporation, (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 Second 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, conservation areas, streets and utilities. 3. Phased Development The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Subdivision Agreements for such phases are approved by the City. 4. Effect of Subdivision Approval For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 5. Development Plans The subject property shall be developed in accordance with the following plans, original copies of which are on file with the City Public Works Director. 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 Rosewood Village 2 °d Addition 06/089/04 Plan C -- Drainage and Storm Water Runoff Plan Plan D -- Plans and Specifications for Public Improvements Plan E -- Grading Plan and House Pad Elevations Plan F -- Street Lights Plan G -- Landscape Improvements 6. Installation by Developer The Developer shall install or cause to be installed and pay for the following: A. Street Lights B. Setting of Lot and Block Monuments C. Surveying and Staking of work required to be performed by the Developer. D. Gas, Electric, Telephone, and Cable Lines E. Site Grading F. Landscaping (Hereinafter referred to as the "Developer Improvements ") And other items as necessary to complete the development as stipulated herein or in other agreements. 7. Time of Performance The Developer shall install all required improvements enumerated in Paragraph 6 which will serve the subject property by July 1, 2005. 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, known as City Project 378, 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 (Private) E. Sidewalks/Pathways (Private) (Hereinafter referred to as "Public Infrastructure Improvements ") The attached figure shows the area within which the Public Infrastructure Improvements will be constructed pursuant to this Paragraph. Contracts shall provide for construction in accordance with plans and specifications prepared by the City or its consultants. The City will not enter into such contracts until all conditions of plat and subdivision approval have been met, the plat is recorded and the City has received the bonds and security required by this agreement. 2 Rosewood Village 2nd Addition 06/089/04 The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department of Health and all other agencies before proceeding with construction. 9. Deposit for Cost of Public Infrastructure Improvements For the purpose of financing the construction, installation and maintenance of the Public Infrastructure Improvements, Developer shall promptly make payments to the City of sums deemed necessary by the City to make timely payments to its contractor as follows: a. Prior to the receipt by the City of bids for the Public Infrastructure Improvements, Developer will pay to the City a cash deposit in the amount of Two Hundred Thousand Dollars ($200,000) to cover one or more periodic payments to the City's contractor. Such deposit and later payments to the deposit as provided in this paragraph will be held by the City and used to pay the City's contractor for Public Infrastructure Improvements and no other purpose. b. From time to time as the City's construction of the Public Infrastructure Improvements proceeds and the amount held in the Developer's deposit is diminished by payments to the City's contractor, the City will give written notice specifying an amount due from the Developer to replenish the deposit, as determined by the City to be necessary to cover one or more periodic payments to the City's contractor. Payments shall be due no later than five (5) working days after receipt of notice by the Developer. C. No interest will be paid or credited to Developer on funds held by the City in the deposit. Following final payment for Public Infrastructure Improvements the City will return any unused funds in the deposit to Developer. d. Upon execution of this Agreement, Developer will provide a letter of credit in form satisfactory to the City in the amount of Two Hundred Eighty -Four Thousand Dollars ($284,000) (which is 110% of the estimated construction costs ($440,000) less the initial deposit), conditioned on the prompt and faithful performance by Developer of its obligations under this paragraph 9. This letter of credit may be combined with any other letter of credit given to secure performance under this Agreement provided the form thereof is approved by the City. e. In the event City does not recover its costs for completing the Public Infrastructure Improvements under the provisions of this paragraph, as an additional remedy, City may, at its option, assess the Subj ect Property in the manner provided by Minnesota Statutes, Chapter 429, and Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429.081, provided the amount levied, together with the funds deposited with the City under this paragraph, does not exceed the expenses actually incurred by the City in the completion of the Public Infrastructure Improvements. 10. Security for Developer Improvements To guarantee compliance with the terms of this Agreement, payment of the costs of all Developer Improvements and construction of all Developer Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash escrow or two (2) individual irrevocable letter of credit from a bank. The amount of the security was calculated 3 Rosewood Village 2 " d Addition 06/07/04 as follows: a. $ 82,500 Landscaping b. $124,300 Other Improvements Refer to Exhibit A for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. 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 Public Works Director. 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 Public Works Director 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 4 Rosewood Village 2 °d Addition 06/07/04 Cost 110% Landscaping 1 75,000 82,500 Grading & Erosion Control 25,000 27,500 Pond Restoration and Erosion Control Removal 25,000 27,500 Survey Monumentation 31,000 34,100 Retaining Walls - -- - -- Street Lighting (8 lights) 32,000 35,200 Buffer Monumentation - -- - -- Park Equipment/Improvements - -- - -- Wetland Restoration/Mitigation - -- - -- Wetland Monitoring - -- - -- Total 113,000 124,300 Refer to Exhibit A for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. 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 Public Works Director. 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 Public Works Director 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 4 Rosewood Village 2 °d Addition 06/07/04 Cost 110% Landscaping 1 75,000 82,500 Total 1 75,000 82,500 Refer to Exhibit A for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. 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 Public Works Director. 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 Public Works Director 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 4 Rosewood Village 2 °d Addition 06/07/04 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 of the essence in controlling erosion. If development does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. This right also applies to the required erosion control for basement and/or foundation excavation spoil piles. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's or City's 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. 14. Planting and Seeding Landscaping shall be in accordance with Landscape Plans approved by the City Planner. 15. Clean up . The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assigns. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and 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. 5 Rosewood Village 2nd Addition 06/07/04 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 development of the Subject Property. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement of this Agreement, including engineering and attorney's fees. The estimated City fees of $ shall be deposited with the City at the time this Agreement is signed, and represent the following estimates: $ 74,800 Engineering Fees $ 5,000 Attorney Fees $ 22,000 5% City Fees $ 960 Street Light Energy Cost $ - - -- Seal Coating $1 02,760 If the City fees exceed this estimate, the Developer shall pay the additional costs to the City within 10 days. of the request. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9 %) per year. 6 Rosewood Village 2 °d Addition 06/07/04 E. The Developer shall pay all energy costs for street lights installed within the Subject Property for 24- months at a cost of $5 /month/light. After that, the City will assume the energy costs. F. The Developer will pay the cost of sealcoating the streets within the development at a cost of $0.60 /SY. The sealcoating will be completed within two (2) years following wear course placement. 19. Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time of, execution of any plat by the City: A. Park dedication fees in the amount of $148,800. B. Geographic Information System (GIS) fees in the amount of $3,410. C. Storm Sewer Trunk Area Charges in the amount of $0.00 per letter dated May 24, 2004 and attached as Exhibit B. D. Sanitary Sewer Trunk Area Charges in the amount of $15,448.30. E. Watermain Trunk Area Charges in the amount of $61,032.20. Or such other amounts for such fees as in effect at the time of plat approval. 20. Developer understands that builders will be required to pay for the Subject Property the fees, charges and assessments in effect at the time of issuance of building permits. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. The fees, charges, and assessments in effect as of this agreement are: A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $1,350). B. Storm Sewer Connection Charges per single family unit and per multiple family unit (currently at $510). C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,125 /SAC unit). D. Water Availability Charges per SAC unit (currently at $1,340 /SAC unit for single family residential and multi - family residential). 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. 7 Rosewood Village 2 °d Addition 06/07/04 D. The first lift of bituminous 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 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, materialmen 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 Public Works Director. 22. 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. 23. Miscellaneous A. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision or the plat or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued prior to the completion and acceptance, of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Rosewood Village 2 " d Addition 06/07/04 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. This Agreement shall run with the land and maybe recorded against the title to the property. The Developer shall take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a release. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every 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. 24. Notices Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: 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, 2875 145 Street West, Rosemount, Minnesota 55068. 9 Rosewood Village 2nd Addition 06/07/04 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: Linda Jentink, City Clerk BY: Its BY: _ Its STATE OF MINNESOTA SS COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of , 2003, by William H. Droste, Mayor, and Linda Jentink, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA SS COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 2003 by , and a , on behalf of the said Notary Public Drafted By: City of Rosemount 2875145th Street West Rosemount, MN 55068 10 Rosewood Village 2 " Addition 06/07/04 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 revegetation and erosion control ($3,500 /acre). Note: The minimum bond amount is set at $25,000. Pond Restoration/Erosion Removal — A security to allow for cleaning of sedimentation ponds prior to City acceptance and removing any installed erosion control measures such as silt fence and woodfiber blanket following development of 75 percent of adjoining lots (estimated Lump Sum). Survey Monumentation — An amount equal to 110% of the cost to monument all lots within the development. Landscaping — An amount equal to 110% of the cost to complete the minimum required landscaping. If additional landscaping is planned, a bond for that cost is not required. Retaining Walls — An amount equal to 110% of-the cost to complete the retaining wall construction. Street Lighting — An amount equal to 110% of the cost to complete the minimum required lighting. If additional lighting is planned, a bond for that cost is not required ($4,000 per light has been used to calculate this cost). Buffer Monumentation — An amount equal to 110% of the cost to manufacture and install the necessary buffer monumentation signs around all ponds and 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/Miti ag tion — An amount equal to 110% of the cost to develop new wetlands should the mitigation not be effective ($20,000 per acre of mitigation). 11 Rosewood Village 2 "d Addition 06/07/04 F JUN5 2004 ROSEWOOD VILLAGE SECO ADDITION LL . ALL PERSONS 8y THESE PRESENTS: Thsl Progreax L ComponY Inc. o M1111-11 corporation, lee owner, Builders Mortgage Company, LLC o Minn-1, limited liability company, martgaq o th, / the /ollow'rng described property ailualed in Ns County of d,11 , Slate II Minn eaoto. Nw 1�r iNE 5�4 t o it: r SW � Oufloh A and B, ROSEWOOD WLIACE, according lI the recorded plot fhersW, Dakota Caunly, Min .... NO. \ I + sraa2 � T/4 Nave used the name lI ba auNs s,1 and platted Ia ROSEWOOD VILUCE SECOND ADDITION Ind doe. hereby donate and dedicot. to the public for forever the public use evsementa m .hInn en this Plat tar d1ain09e and utilky purposes only. MATCN LIN E In � Lane tn... a era, .aid Proq a Y. In a Mmnealla po vtron hm caused the P xen1. le be q M p pe III;.. nM fib .- N8930'16"W 382.74 r i th zo04. _ % W4. '' rot 202.8. � \ _ _ _ IN.e2 _ _ _ _ _ e ' y ± .w• P ogress. Land Company. Inc Ind Wanan J. l.raelaon, Presidenl 1 A 00 .s b/ N Itp S It. IT ` C- nly o 1 W +• Ar soap /,p y •W na.cb I 3 The foregoing in th.—t wax adnowle WIN, dgeWIN, me Ihia day of 2001. by W.— J. Isroelson. Pros dent It Progreso Land ComvanY• Int.. I Mrnn<.ota corporafran, on behel/ al e� I., Ialrnn. W r 8 a S hy?e is N -`7 Pullic. County, O / e Atl J> �Wj ssl c / &� >shtesf is ' Z r blb T , f� SM '� 1A My Commra; on . pyres r /> ,'�'" /.! f / /w / ..1'e•IJ'2 7 8 `/ /�a" s s rn payef -{ O 'a / / �j+ s i _W In ,it OP P, whereof void Builder. Mortgage Company, LLC, a Minn ... 1. Irmrted Mobility camPany, hm tamed Iheae P—M. I. be signed by its proper o Cer ON -_ dry el 2004 ai 8 Aal ^ � � � � JIO � p � S. M— Mortgage Clmp.q. LLC 8 Z l0 -.,.� 2 . it. S 6 SZ3r E State al 33 i. a i W Laurel r T a lU pi = , T I 22 / sl.�sf s� I a0� The foregoing imtrumenl was a knowledged before me thin day I 1001, by \\ e i al * �$ �� 8� s>s.2°p>•�e I N ' 1 1 1 �i �- al Builders Mortgage Company, LLC, a 17 nr�ieao[a Gmrted iab ny, on penal o .or company. - 1 W �+ I a=t 4 22 ' Notary Public, Lounly, r \1 1\ My Clmrrrla.ion x�Pnss ' • n2 q `b�iy \ � � \ f A ' i \ R \ �\ / i \ Y thll rveyed and lotted the hereb Y c,d;f I nave su u p pmp,Oy deecnbed on this plot as ROSEWOOD WLL4GE SECOND ADOPTION that this Plo! rs a ecl represenlaflon I Ins s rvey; that all distance. o s coeclly shown on the plat in feel and hundredMx of o loot that v11 monumenla have been Iomecfy pieced in the ground as shown o will n be c redly pbc T in the 9raund Is de.ignalad; that the boundary / :a \ \ J / 1,W, no lines are conecty designated the Plof Ind that then arc wet land. I. de /fined in Minnesota Statutes. Sxlion 505.02 Subd. 1 ar public high —, to be designated on the M w \ \ \ 3 , plot other nn a. shn. ow '�8 L W 4 ` 'P —` R 6'� ° J� ` AMP, R Render. Land Surveyor ?a�eP'bp�7 Mrnneaata U.:... No 13295 2 �C o [a 6� e :: .S : -:': $ aN ; , State of Min .... 1. J ,wny, 1 p t * NeT+,s yC� ? Caunly II The larc91;19 Surveyor's CO,dWicote .as acknowlMged before me this dsy of 2004, by Alvin R. Render, Minnesota License Na 13295. ?\ .$ 4•� // \ Notary Publrc, Caunly Min nmota Commr..ion E Pirea January 31, 2005 aW 1 hereby cediy Ihal I nave e.,,Med this plat of ROSEW000 VIL SECOND ADDITION. Ind do hereby recommend this plat tsr approval oa !o /arm. _ City Atfomey. City of Roaemaunt, Minnesota. N ApPraved and accepted by Ins Planning Commisxion t,, the City of R.eemounf at a regally meeting thereof, In the day If 2004 Chairman Secretory i N Y awm 1YCi 1 Map Section 29. Township t 15, Range 19 No Scale Approved and . -.pt.d by Ins City Council for the City o! Rmemvunf, Minnesota on Ihe_doy II , 2004. Mayor , Clerk 25 50 1W ISQ Pursuant le Section 3830.65, Minn—la Stvlutex this pl.l has Dean approved this day el , 2004. Stole In Feet Todd B. Tallefaon. 01kot1 county surveyor The E.0 line of DOW B. ROSEWOOD W"OE I hereby certify that the faxes for the year 2004 Ivr the IoM Aencnbsd on this plot Is ROSEW000 WLIAOE SECOND ADDITION hove peen pvid and has v Dearing of N075'44'E. rro d.1kh, ent tares ore due Ind transfer entered thin day If 2004. I D-1- 112 inch by 14 inch iron monument s f nd Inc— by Minneaoto License No. 13295. County reasurer- Auditor, Dlkotl County, Minne.oto • 0-4- iron monument found. O—nn -t Number No monument symbol shown on the plot ere 1 hby certify that this inatru"' = a M in the office of the County Recorder for record this dvy of 2004 at indicotea onto n ! riling to oclock_ .M.. IM was duly d in Book of n Page Minnesota Stat utes, oM which nhoe be _ in place within one year offer the tiling or me vrae. Caunly Retarder, Dakota County, M;nnaxall Rehder and Associates, Inc. Sheet 1 of 2 Sheets Nw 1�r iNE 5�4 r SW � wrn \ I + sraa2 � T/4 d Approved and . -.pt.d by Ins City Council for the City o! Rmemvunf, Minnesota on Ihe_doy II , 2004. Mayor , Clerk 25 50 1W ISQ Pursuant le Section 3830.65, Minn—la Stvlutex this pl.l has Dean approved this day el , 2004. Stole In Feet Todd B. Tallefaon. 01kot1 county surveyor The E.0 line of DOW B. ROSEWOOD W"OE I hereby certify that the faxes for the year 2004 Ivr the IoM Aencnbsd on this plot Is ROSEW000 WLIAOE SECOND ADDITION hove peen pvid and has v Dearing of N075'44'E. rro d.1kh, ent tares ore due Ind transfer entered thin day If 2004. I D-1- 112 inch by 14 inch iron monument s f nd Inc— by Minneaoto License No. 13295. County reasurer- Auditor, Dlkotl County, Minne.oto • 0-4- iron monument found. O—nn -t Number No monument symbol shown on the plot ere 1 hby certify that this inatru"' = a M in the office of the County Recorder for record this dvy of 2004 at indicotea onto n ! riling to oclock_ .M.. IM was duly d in Book of n Page Minnesota Stat utes, oM which nhoe be _ in place within one year offer the tiling or me vrae. Caunly Retarder, Dakota County, M;nnaxall Rehder and Associates, Inc. Sheet 1 of 2 Sheets ROSEWOOD VILLAGE SECOND ADDITION lauMroM 2�=%Wl 115 S8r,3,3'02'W 513.09 ---------------------------- Ito S0 u 24 6, 17 ozl .• �W N al 16 map Section 2r � r, 115, Range 19 Al. S-1. N Scale in Feet The Ea line H o C.t B. ROSEWOOD W GE h.e a bearing of N075'41'E. 0 0 ... 1,, 112 inch by 14 inch ill, ml--f -t Ind ­nk,d by Minnesota Li­, N,. F3295. • Denotes iron monument found. No monument s ymbol a hawn on M. plat indicates m —­t' .' ­-In" to Statutes, .t. St..., a wnkI 'ha; be in pfce w ithin one yeo' a lter the filing of the plot. Rehder and Associates, Ind Sheet 2 of 2 Sheets S89*JJ'02"W 297.01 )'I iensions rounded to nearest foot )pyright 2004, Dakota County - its drawing is neither a legally recorded map nor a survey and is not intended to be used as one. its drawing is a compilation of records, information and data located in various city, county, and ate offices and other sources, affecting the area shown, and is to be used for reference purposes ly. Dakota County is not responsible for any Inaccuracies herein contained. If discrepancies are ind, please contact Dakota County Survey and Land Information Department. PLAT NAME: ROSEWOOD ESTATES TAX DESCRIPTION: OUTLOT A E31 U E W a E3H H ip Dale: April 22, 2004 Parcels Updated: 4/8/2004 Aerial Photography: 1990 SITE MAP PROPERTY ID NUMBER: 34- 64900. 010 -00 2004 ESTIMATED MARKET VALUES (PAYABLE 2005) 2004 BUILDING INFORMATION (PAYABLE 2005): FEE OWNER: PROGRESS LAND CO LAND: ANNIPWO LOT SIZE (EXCLUDES NO DATA AVAILABLE 6001 EAGAN DR BUILDING: ROAD EASEMENTS) SAVAGE MN 55378 -4910 TOTAL: 1,357,382 SQ FT PAYABLE 2004 TAXES SCHOOL DISTRICT: 196 31.16 ACRES NET TAX: AINOW LOCATION: NE1 /4 SE1/4 SECTION 29- 115 -19 SPECIAL ASSESSMENTS: tip TOTAL TAX & SA: omp� PAYABLE 2005 HOMESTEAD STATUS: NON HOMESTEAD °AYABLE 2005 ASMNT USAGE:RESIDENTIAL WATERSHED DISTRICT: VERMILLION RIVER LAST QUALIFIED SALE: DATE: AMOUNT: )'I iensions rounded to nearest foot )pyright 2004, Dakota County - its drawing is neither a legally recorded map nor a survey and is not intended to be used as one. its drawing is a compilation of records, information and data located in various city, county, and ate offices and other sources, affecting the area shown, and is to be used for reference purposes ly. Dakota County is not responsible for any Inaccuracies herein contained. If discrepancies are ind, please contact Dakota County Survey and Land Information Department. PLAT NAME: ROSEWOOD ESTATES TAX DESCRIPTION: OUTLOT A E31 U E W a E3H H ip Dale: April 22, 2004 Parcels Updated: 4/8/2004 Aerial Photography: 1990 Excerpt from the Regular Planning Commission Meeting of April 27, 2004 MOTION by Powell to approve consent agenda revised as noted by the City Planner. Second by Humphrey. 5A. CASE 04 -21 -FP Rosewood Village 2nd Addition — Final Plat 5B. CASE 04 -23 -FP Evermoor Crosscroft 2nd Addition — Final Plat 5C. CASE 04 -26 -CON Dean Johnson Homes Concept Plan Approval — Continue Public Hearing to May 25, 2004. Ayes: Humphrey, Powell, Schultz, Zurn, and Messner. Nays: None. Motion carried. MEMORANDUM DATE: April 12, 2004 TO: Kim Lindquist — Community Development Director Jamie Verbrugge — City Administrator Andrew Brotzler — City Engineer Dan Schultz— Parks and Recreation Director Rick Pearson - City Planner FROM: Anthony Aderhold, Project Engineer RE: Rosewood Village 2 nd Addition Upon review of the Rosewood Village 2 Addition Final Plat received on March 8, 2004, the Engineering Department offers the following comments: • An additional 7 -feet of right -of -way shall be dedicated for 145 Street for a total of 40 -feet from the section line. • Block 1, Lot 39 and Block 2, Lot 25 shall have a drainage and utility easement over the entire lot. If you have any questions or comments regarding the items listed above, please contact me at 651- 322 -2022. CADocuments and Settings \rwp\Loca1 Settings \Temporary Internet Files \OLK2\Rosewood Village 2nd.doc Excerpted from the minutes of the September 9, 2003 Planning Commission Meeting Public Hearing: Rosewood Village Preliminary Plat This preliminary plat is for the townhouse portion of the Rosewood Village development south and east of Greif Brothers and south of 145 Street. They have modified the access to the future development by creating another access point to make a looped street that will have turn - arounds specified by the Fire Marshal. Some of the longer driveways have been consolidated and replaced by reorientating the units. They have made slight revisions to the private street design to increase the off -set between the single - family cul- de -sac and the southeasterly loop entrance to the detached townhomes to 265 feet. As a result of these revisions, there are now 61 total units. Other changes that will need to be made include units 14 and 15 meeting the 30 foot setback requirement from Lot 1, Block 1 and unit 4 needs to meet the minimum 20 foot setback to the common driveway. Additional landscaping will be needed for units 3, 4, and 10 to screen the common driveway. They also need to add more landscaping between units 12 -20 across from Lots 1, 17, 18 20, and 21, Block 1 to screen the driveway from single - family Lots 17 and 18. Mike Olson, Progress Land Company, was present to answer any questions. Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Weisensel to close the public hearing. Second by Napper. Ayes: Napper, Weisensel, Messner, Anderson. Nays: 0. Motion carried. MOTION by Messner to recommend that the City Council approve the preliminary plat for the Progress Land Company detached townhouses 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. Plan revisions as noted above in "Housing Discussion" items 1 -4. 6. Landscape Plan revision enhancing landscaping as noted in item 4 above, and to ensure sufficient space for the required landscaping in conformance with concept approval. 7. 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. 8. The City does not guarantee that the number of dwellings will not be reduced to bring the PUD in conformance with applicable standards. Second by Anderson. Ayes: Weisensel, Messner, Anderson, Napper. Nays: 0. Motion carried. Mr. Pearson stated this will go to City Council probably on October 7, 2003. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 2003 by DeBettignies. Ayes: DeBettignies, Shoe- Corrigan, Droste, Riley. Nays: Strayton. Motion carried. Progress Land Company / Rosewood Village Preliminary Plat for Detached Townhomes City Planner Pearson reviewed the Rosewood Village Preliminary Plat process. This phase of the development concerns the townhomes proposed east and south of Greif Brothers Corporation, between 145` Street and the Rosewood single - family lots. These townhomes are similar to Pulte's `.`Enclave." The density is much lower than maximum standards at 61 units. The site has been difficult to deal with because of the rail spur behind Greif Brothers and ponding issues. Mike Olson, Progress Land Company's Project Manager, reported that he had just learned of an option to post a bond for the stormwater utilities which he is willing to look into. City Attorney LeFevere recommended that a condition be added to the resolution as follows: "The developer will provide good title to downstream areas that are intended to provide ponding for surface water runoff from the platted property." This was added as condition 9. in the resolution. The City Council will have further opportunities to review or amend the plat for this development even if the preliminary plat is approved now. Mr. Olson noted that their building schedule has been pushed back and will likely begin in the spring of 2004. It was pointed out that the street alignment next to the railroad spur is designed to be extended to the west in the event the railroad spur is removed. This allows flexibility in the future. MOTION by Riley to adopt A RESOLUTION with the addition of condition 9 APPROVING THE PRELIMINARY PLAT FOR ROSEWOOD VILLAGE DETACHED TOWNHOMES. Second by Strayton. Ayes: DeBettignies, Shoe- Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Interim Ordinance for Downtown Development Area City Administrator Verbrugge explained the City of Rosemount has begun a serious planning effort to revitalize the downtown area. A Downtown Redevelopment Committee was formed and they have begun their study of the area. In order to protect their planning and land use efforts Verbrugge suggested prohibiting development or redevelopment that may not serve the long- term goals of the community. A moratorium on building in the downtown area would help minimize the pressure to make changes before the Committee's study is complete. The recommended length of this moratorium is six months, expiring on April 30, 2004. Staff believes the downtown area being considered would include the "Coming Soon Site" on Hwy 3 and CR 42 since it should have a consistent use with the new downtown plan. Mayor Droste invited comments from the audience. Leo W. Lund owns the northwest corner parcel on Hwy 3 and CR 42 and has been discussing with the City an interested buyer. Lund stated he is "74 years old and would like to be done with this parcel. Lund is a general partner of Rosemount Properties Partnership. ALDI, the interested buyer, has indicated they would be willing to put a monument up on the corner and comply with any exterior designs that the Downtown Redevelopment Committee may request. Mr. Lund submitted a letter to City Council requesting that they would remove this lot from the Downtown Development Area moratorium. 3 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 townhomes 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`" Street and Biscayne Avenue. 9. The developer will provide good title to downstream areas that are intended to provide ponding for surface water runoff from the platted property. k RESOLUTION 2003- 111 ADOPTED this 7`" day of October, 2003, by the City Council of the City of Rosemount. f William H. Droste, Mayor ATTEST: Linda Jentink, Cj Clerk Motion by: Riley Seconded by: Strayton Votedinfavor: D e B ettignies, Shoe - Corrigan, Droste, Riley, Strayton Voted against: None Member absent: None 2