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HomeMy WebLinkAbout6.i. Request by Copper Creek Development for the Approval of the Dunmore Final Plat EXECUTIVE SUMMARY City Council Meeting Date: June 20, 2017 AGENDA ITEM: 15-23-FP: Request by Copper Creek Development for the Approval of the Dunmore Final Plat AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.i. ATTACHMENTS: Resolution; Subdivision Agreement; Location Map; Dunmore Final Plat; Dunmore Preliminary Plat; Resolution 2015-48 Dunmore Preliminary Plat; Resolution 2015-49 Dunmore Planned Unit Development; Grading Plans; Landscape Plans; Parks and Recreation Director’s Memorandum dated August 12, 2015; City Engineer’s Memorandum dated August 12, 2015. APPROVED BY: LJM RECOMMENDED ACTION: 1. Motion to adopt a Resolution approving the Final Plat for Dunmore. 2. Motion to approve the Subdivision Development Agreement for Dunmore and authorizing the Mayor and City Clerk to enter into this agreement. ISSUE Copper Creek Development submitted an application in July of 2015 for approval of a Final Plat for construction of approximately 8 acres located west of South Robert Trail, south of 132nd Street W and east of the Glendalough neighborhood. The development, named Dunmore, creates 30 new single family lots. The development of small lot single family housing is consistent with the Comprehensive Plan and the Dunmore Preliminary Plat. The final plat was never brought before the Council due to delays by the applicant. Any issues have been resolved and staff finds the final plat to be consistent with that recommended for approval by the Planning Commission in 2015. JUNE 28, 2015 PLANNING COMMISSION MEETING The Planning Commission reviewed the Dunmore Final Plat request on July 28, 2015. No residents were present at the meeting. Chair Miller inquired about the location of the proposed park. Staff responded that the property will not be acquired at this time and will likely be acquired in the third phase of the development. The park is located one lot south of that approved in the preliminary plat because the land is flatter and it is easier to connect to the regional trail. The Planning Commission recommended approval of Dunmore Final Plat with the staff recommendations on a 4-0 vote. Commissioners Freeman, Henrie and Kurle were absent. JULY 27, 2015 PARKS AND RECREATION COMMISSION MEETING The Parks and Recreation Commission reviewed the Dunmore Final Plat request on July 27, 2015. The Parks and Recreation Director presented his three recommendations: 2 1. Collect $102,000 of fee-in-lieu of park dedication. 2. Switch the sidewalk to the east side of Road “B” to provide easier access to the public park. 3. Staff finds the proposed grading of the public park acceptable. The Parks and Recreation Commission requested that the sidewalk on the west side of Road “B” remain and the sidewalk on the east side of Road “B” be added creating a looping sidewalk system. The Parks and Recreation Director explained that this recommendation would be inconsistent with the City standard of sidewalks on one side of the street within the Bella Vista, Bloomfield, Meadows of Bloomfield, Prestwick Place and Greystone neighborhoods. Those five neighborhoods have streets constructed 32 feet wide, have a sidewalk on one side of the street and have front yard setback of at least 25 feet. The Glendalough neighborhood, which has sidewalks on both sides of the street, has streets constructed 28 feet wide and a front yard setback minimum of 15 feet. Dunmore has streets with a width of 32 feet and a minimum front yard setback of 25 feet on the east side of Road “B”. Road “B” has only 33 lots fronting onto the street. Staff does not believe that Road “B” has any design factors that warrant sidewalks on both sides of the street. The resolution recommended by staff does not include the Parks and Recreation Commission request for sidewalks on both sides of Road “B”. SUMMARY In June of 2015, Copper Creek Development received approval of the Dunmore Preliminary Plat for 87 lots with a minimum width of 60 feet. Copper Creek Development is now pursing development of the first phase of the development, also named Dunmore, which will create 30 single family lots with a minimum lot width of 60 feet. Legal Authority Final plat approval is a quasi-judicial action, meaning that if the application meets the City Code, planned unit development (PUD) and preliminary plat regulations, then the final plat must be approved. Staff supports approval of this final plat and finds that it is substantially in conformance with the approved preliminary plat. The detailed analysis of this finding is provided below. Surrounding Land Uses North - Rural residential West - Glendalough single family housing South - Dakota County CDA family townhomes East - Harmony small lot single family and townhomes Copper Creek Development is proposing a 30 lot subdivision on approximately 8 acres. The lots are proposed directly south of 132nd St W and east of Glendalough single family neighborhood. Upon approval of the final plat, construction of the first 30 lots of the ultimately 87 lot subdivision will begin. The plat provides a connection to the Glendalough neighborhood via 134th St W and a connection to greater Rosemount via 132nd St W and its intersection with South Robert Trail. B ackground Owner: Copper Creek Development Total Acres: 26.75 Acres Proposed Development Acres: 7.69 Acres Comprehensive Plan Designations: TR: Transitional Residential Zoning: R-1 PUD: Low Density Residential Planned Unit Development 3 Residential Density Units Gross Acres Stormwater Ponding 132nd Street ROW Park Net Acres Units per Acre Preliminary Plat 87 26.75 2.05 0.46 0.59 23.65 3.68 Final Plat 30 8.15 n/a 0.46 n/a 7.69 3.90 Single Family Housing The proposed Dunmore Final Plat has 30 lots with a minimum width of 60 feet and side yards setbacks totaling 15 feet. These dimensions would result in building pads of at least 45 feet in width. The 45 foot building pads will allow construction of homes with two car garages. Due to the increased density of the neighborhood and to be compatible with the other single family homes approved in the City, the Planned Unit Development (PUD) requires additional front elevation design standards to include greater architectural interest. Street System The final plat depicts removal of Dodd Blvd and the construction of four streets, labeled Caffrey Avenue, Caffrey Court, Cadogen Way and 134th Street West. Caffrey Avenue will run north to south from the existing 132nd St and the new extension of 134th St W. 134th St W will be constructed from the existing Glendalough stub to the intersection of Caffrey Avenue and Caffrey Court within the development. About 190 feet of Caffrey Court will be constructed south of 134th to the intersection of Cadogen Way. Cadogen Way will be constructed at two intersections, the north intersection with Caffrey Avenue about 130 feet south of 132nd St W and the south intersection with Caffrey Court about 130 feet south of 134th St W. The typical street design for this subdivision is a 32 foot wide street with a sidewalk installed on one side of the street. The Final Plat has been found to meet or slightly exceed minimum standards. 134th St W will have two sidewalks to match that within Glendalough. Caffrey Ave, Caffrey Ct and Cadogen Way will have sidewalks on one side of the street. Staff recommends that the sidewalk on Cadogen Way be relocated to the other side to allow access to the future City mini-park and the regional trail. This typical design meets the City’s standards for a street that allows parking on both sides of the street. Wetlands There are no wetlands located on this site. Tree Preservation and Landscaping The developer proposes to maintain the vast majority of trees that exist along the western border of the final plat, the trees along the South Robert Trail that would not need to be removed for the regional trail. The trees for removal were evaluated during the preliminary plat approval. The City feels that the tree removal is reasonable to accommodate the density called for in the Comprehensive Plan. 401 trees are needed to be planted within the preliminary plat area. Within the final plat, 93 trees are proposed to be planted. 35 trees are required (one per interior lot and two per corner lot) due to landscaping requirements and the remaining 48 trees are replacement for the tree removal. A greater amount of tree replacement will occur in the future phase to buffer the site from South Robert Trail and to fill any gaps with the Glendalough neighborhood to the southeast. The trees will be installed after the lots are developed and final grades established. Trees will be required to be installed in locations that do not interfere with curb stops or individual sewer or water connections. 4 Stormwater Management A stormwater pond is being graded in Outlot A. Stormwater pipes are being constructed within Caffrey Ave, Caffrey Court and to the rear of the lots on Block 2. The stormwater pipes will daylight south of Cadogen Way and flow overland through Outlot B to the graded pond. The final infrastructure for the pond, including a lift station estimated at $400,000, will be constructed with the second phase of Dunmore. The final plat and grading plan preserves the majority of the existing trees on the west and south perimeter of the development. Preserving these trees results in lots that have less than the 2% grading recommended to carry water away from the homes. These flat, and in some cases negative, grades will result in temporary inundation of the yards with water after rains or irrigation. As a condition of approval of the final plat, the developer is required to create a disclosure statement regarding this issue that must be provided to any prospective buyers of lots located within Block 3 and Block 4. Park and Recreation The neighborhood park is shown in the grading plan between Cadogen Way and South Robert Trail. That parkland will likely become the available to the City in the third phase of Dunmore. The Parks and Recreation Director reviewed the grading plan and support the location and size of the park. Since the park is not being acquired with the Dunmore Final Plat, the Director recommends collecting fee-in-lieu of parkland dedication for the 30 lots in this final plat totaling $102,000. The parkland credit will be given with the phase that the parkland is actually dedicated. The Parks and Recreation Director also recommends that the sidewalk be relocated to the east side of Cadogen Way (Road “B”) to better access the park. The Parks and Recreation Commission recommended sidewalks on both sides of Cadogen Way. The Director and Community Development staff does not recommend sidewalks on both sides of Cadogen Way. The resolution provided to the City Council only requires a sidewalk on the east side of Cadogen Way. Additional Public Works Comments The Assistant City Engineer has prepared a memorandum of comments regarding the plat which is attached to this executive summary. Most of the topics within the memo have been discussed in the previous sections of this executive summary, but the memo provides greater detail for the developer and the developer’s engineer. RECOMMENDATION Staff is recommending approval of the resolution. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2017 - A RESOLUTION APPROVING THE FINAL PLAT FOR DUNMORE WHEREAS, the Community Development Department of the City of Rosemount received an application from the Copper Creek Development, LLC requesting the Dunmore Final Plat concerning property legally described as: That part of the North Half of the Southeast Quarter of Section 20, Township 115, Range 19, Dakota County, Minnesota which lies northerly of ROSEMOUNT FAMILY HOUSING, according to the recorded plat thereof and westerly of the occupied right of way line of State Trunk Highway No. 3. Together with the Southwest Quarter of the Northeast Quarter of Section 20, Township 115, Range 19, lying westerly of the occupied right of way for State Trunk Highway No. 3, Dakota County, Minnesota, except that part described as follows: Commencing at a point on the North line of the Southwest Quarter of Section 20, Township 115, Range 19, said point being 607.8 feet East of the Northwest corner of said Southwest Quarter of Northeast Quarter; thence East along the said North line of the Southwest Quarter of Northeast Quarter, 50 feet; thence South 40 feet; thence West 50 feet; thence North 40 feet to the point of beginning. WHEREAS, on July 28th, 2015, the Planning Commission of the City of Rosemount reviewed the Final Plat for Dunmore; and WHEREAS, on July 28th, 2015, the Planning Commission recommended approval of the Final Plat for Dunmore; and WHEREAS, on June 20, 2017, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendations. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Final Plat for Dunmore, subject to the following conditions: 1. Execution of a Subdivision Agreement. 2. Construct a trail to connect the existing Glendalough trail at the western property line of Lot 1, Block 5 to connect with regional trail to be constructed in the right-of-way northeast of Lot 1, Block 5. The developer shall dedicate a 15 foot wide trail easement across the northern portion of Lot 1, Block 5 to the City. 3. Relocate the sidewalk to the north, east and south sides of Road B (Cadogan Way). 4. Replace Condition L. in Resolution 2015-48 to acquire Preliminary Plat Lots 11, 12, and 13, Block 1 for public park purposes. 5. Trees installed on individual lots shall be planted in a location that does not interfere with curb stops or individual sewer or water connections. RESOLUTION 2017- 2 6. Drainage and utility easements with storm sewer infrastructure may contain fences but shall be required to include gates to provide truck access; shall prohibit sheds or other accessory structures; and shall prohibit landscaping that would impede drainage. 7. Provision of $25,575 as a landscaping security. 8. Payment of $102,000 for Fee-in-Lieu of Park Dedication. 9. Compliance with the conditions and standards within the Park and Recreation Director’s Memorandum dated August 12, 2015. 10. Compliance with the conditions and standards within the City Engineer’s Memorandum dated August 12, 2015. 11. Development of a disclosure statement, to be approved by the City Attorney, to be signed by prospective buyers of lots located within Block 3 and Block 4 making them aware of the potential for standing water on the lots due because grading wasn’t conducted to promote tree preservation. 12. ADOPTED this 20th day of June, 2017, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Clarissa Hadler, City Clerk Dunmore May 2017 Page 1 of 13 SUBDIVISION AGREEMENT Dunmore AGREEMENT dated this ________ day of ________________________, 2017, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and COPPER CREEK DEVELOPMENT, LLC, a Minnesota limited liability company, (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land (the “Land”) and a plat the Land to be known as Dunmore (the “Plat”), which Land and 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 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. Conservation easements are required over all stormwater ponds, infiltration basins, wetlands, and buffers. Signage for these easements shall be provided by the Developer and an extended five (5) year maintenance warranty shall be required to ensure the establishment of these areas. Costs associated with the establishment and maintenance of the naturally-vegetated areas shall be a cost of the Developer. e. Payment for the Developer’s share of the cost of the 132nd Street West Improvements, which amount is estimated to be $112,289 based on the construction estimates at the time of execution of this Agreement and may be subject to change. Developer will be obligated to pay its share of the cost of the 132nd Street West Improvements in accordance with Section 20 below. 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; provided, however, the City agrees that, to the extent provisions of this Dunmore May 2017 Page 2 of 13 Agreement set forth rights or obligations relating to future phases of the development of the Subject Property, any Subdivision Agreements for such future phases will incorporate these provisions. 4. Effect of Subdivision Approval. For four (4) 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 of the Land 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, specifications and contract documents, original copies of which are and/or will be on file with the City Engineer (the “Development Plans”). The Development Plans may be prepared, subject to City approval, after entering this Agreement, but before commencement of any work on the Subject Property. If the Development Plans vary from the written terms of this Agreement, the written terms shall control. The Development Plans are: Plan A - Plat Plan B - Soil Erosion Control Plan and Schedule Plan C - Drainage and Storm Water Runoff Plan Plan D - Plans and Specifications for Infrastructure Improvements To Be Installed By Developer and Turned Over to City Plan E - Grading Plan and House Pad Elevations Plan F - Street Lights Plan G - Landscape Improvements Notwithstanding the foregoing, the Development Plans may be supplemented, modified, or replaced at any time with new plans approved by the City Engineer. All Improvements, including Developer Improvements, that lie within the public right-of-way or easements and are improvements listed in Minnesota Statutes, Section 429.021 (hereinafter “Public Improvements”) will be designed by the City Engineer at Developer’s expense. The City Engineer will prepare plans and specifications for Public Improvements and will perform all construction administration for the Public Improvements, all at Developer expense. Construction administration includes, but is not limited to, inspection, documentation, as-builts, surveying, field staking, testing and monitoring. 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. Surveying and staking B. Surface improvements (paved streets, sidewalks, trails, etc.) C. Water main improvements D. Sanitary sewer improvements E. Storm sewer improvements F. Setting of lot and block monuments Dunmore May 2017 Page 3 of 13 G. Gas, electric, telephone, and cable lines H. Site grading I. Landscaping J. Streetlights K. Retaining walls L. Other items as necessary to complete the development as stipulated herein or in other agreements With respect to the improvements referenced in items (B), (C), (D), and (E) of this Section, these Public Improvements will be installed generally as depicted in the Development Plans, subject to the City Engineer’s creation of the final plans and specifications for such Public Improvements. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 that are included within the first phase of the development of the Subject Property (the “First Phase”) by December 30, 2017. 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. The completion dates for the improvements required for future phases of the development of the Subject Property will be established in the Subdivision Agreements for such phases. 8. [This Section Intentionally Left Blank] 9. [This Section Intentionally Left Blank] 10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement, payment of all costs of all Developer Improvements required for the First Phase, and construction of all Developer Improvements (as noted in Paragraph 6) for the First Phase, the Developer shall furnish the City with a cash deposit in the amount of One Million, Two Hundred Five Thousand, Four Hundred Fifty-Three Dollars ($1,205,453). Security for any future phases of the development of the Subject Property will be established in the Subdivision Agreements for such phases. The amount of the Security for the First Phase was calculated as follows: Cost 110% Grading & Erosion Control $93,555 $102,911 Pond Restoration and Erosion Control Removal $25,000 $27,500 Survey Monumentation $15,000 $16,500 Landscaping (93 trees) $23,250 $25,575 Street Lighting (4 lights) $16,000 $17,600 Cost 125% Surface Improvements $367,662 $459,578 Water Main Improvements $167,750 $209,688 Sanitary Sewer Improvements $134,805 $168,506 Storm Sewer Improvements $142,077 $177,596 Total $985,099 $1,205,453 Refer to Exhibit A and Exhibit B for an explanation of each item. Dunmore May 2017 Page 4 of 13 The form of the cash deposit shall be subject to the approval of the City Administrator. The cash deposit is to secure compliance with all terms of this Agreement and all obligations of the Developer under it. Subject to the notice and cure rights set forth below, the City may draw on the cash deposit 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 Developer’s 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 cash deposit and take such steps as it deems necessary to remedy the default. With City approval, which approval will not be unreasonably withheld, conditioned, or delayed, the cash deposit may be reduced from time to time as financial obligations are paid and Developer Improvements and other Developer obligations are completed to the City’s requirements. The City will draw on the cash deposit and reimburse Developer for payments to contractors conditioned upon the following: 1) submission by Developer of proof of payment to a contractor; and 2) acceptance by the City of the work completed by the contractor. 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 City’s installation of utilities, if any. 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 by the City 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 included within the approved Development Plans 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 the Public 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 use reasonable efforts to notify the Developer in advance of any proposed action, but failure of the City to do so will Dunmore May 2017 Page 5 of 13 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 after Developer’s receipt of an invoice for such work, 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 included within the Development Plans. All naturally-vegetated areas shall be established by the Developer and maintained with a five (5) year maintenance period. Costs associated with the establishment of the naturally-vegetated areas and the five (5) year maintenance period shall be a cost of the development. 15. Retaining Walls and Fences. Retaining walls and fences, if any, within the First Phase that are identified within the Development Plans shall be installed by the Developer with mass grading for the First Phase. Retaining walls and fences, if any, identified within the plans for future phases of the development of the Subject Property shall be installed at the time of mass grading of such future phases. All retaining walls and fences shall be owned and maintained by the Developer or individual property owner. 16. 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 and the Developer’s failure to clean any dirt or debris from the streets as required by the City, 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. 17. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the Developer Improvements lying within public rights-of-way and easements shall become City property without further notice or action unless the improvements are specifically identified herein as private infrastructure. 18. 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 or such longer period as is specified in plans and specifications prepared by the City Engineer for Developer Improvements that are Public Improvements. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twenty-four (24) months after planting. Vegetation surrounding ponds and/or wetlands shall be warranted to be alive, of good quality and weed free for five (5) years after planting. For each pond/wetland in the development, the developer shall provide to the City Engineer an inspection report by July 31 each year which includes the following: A. Date of inspection B. Name of person responsible for inspection C. Photos of the pond/wetland area confirming the vegetation is established as intended D. Maintenance plan describing the required maintenance activities and tentative schedule. 19. 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 Dunmore May 2017 Page 6 of 13 and Water Conservation District charges, legal, planning, engineering expenses relating to the creation of plans and specifications for the Public Improvements, 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 development of the Subject Property. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses that 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, and will pay the other City fees identified in this Section. The estimated City fees of $164,817, subject to adjustment as set forth below, shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: $10,000 Engineering Review Fees $121,844 Construction Monitoring Fees (15%) ($25,000) Deposit submitted July 20, 2015 $4,000 Attorney Fees $40,615 5% City Fees (based on engineer’s estimate of $812,294) $1,152 Street Light Energy Cost $1,800 GIS Fees $10,406 Seal Coating Expense $164,817 Total Amount Due 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. If actual City fees are lower than this estimate, any surplus funds will be returned to the Developer when the project fund is reconciled and closed. 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 that 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. E. The Developer shall pay all energy costs for street lights installed within the First Phase for 24- months at a cost of $12/month/light. After that, the City will assume the energy costs. The “Street Light Energy Cost” identified in the table in Section 19(C) above represents the total amount payable by the Developer to the City for energy costs for street lights within the First Phase. F. The Developer will pay the cost of sealcoating the streets within the First Phase at a cost of $1.70/SY. The sealcoating will be completed within three (3) years following wear course placement. The “Seal Coating Expense” identified in the table in Section 19(C) above represents the total amount payable by the Developer to the City for seal coating the streets within the First Phase. Dunmore May 2017 Page 7 of 13 20. Fees and Charges for First Phase. The Developer agrees to pay fees, charges and assessments set forth in this Section relating to the First Phase as set forth below. Unless indicated otherwise, the Developer will pay the following fees allocable to each lot within the First Phase at or before the time the City issues a building permit for a building on each such lot: A. Park dedication fees in the amount of $3,400 per lot (total of $102,000 for First Phase) B. Storm Sewer Trunk Area Charges in the amount of $0 per lot. The remaining $32,156.45 will be paid by the Developer when future phases are developed ($32,156.45 is the difference between the total Pond Construction Credit of $87,557 as defined in paragraph 22, and $55,400.55 for the First Phase as defined in Exhibit B). C. Sanitary Sewer Trunk Area Charges in the amount of $289.17 per lot (total of $8,675 for First Phase) D. Watermain Trunk Area Charges in the amount of $1,748.50 per lot (total of $52,455 for First Phase) E. Developer’s share of the cost of the 132nd Street West Improvements allocable to each of the 30 lots within the First Phase. The City currently estimates that the 132nd Street West Improvements will cost $112,289, but the actual amount of such costs could be higher or lower than this estimate. Using this estimate, the portion of the costs allocable to each lot will be $1,290.68 ($112,289 / 87 Lots in Total Development). The portion of costs allocable to the remaining lots will be calculated based on actual construction cost. 21. Fees and Charges for Future Phases. Except for the remainder of the Developer’s share of the cost of the 132nd Street West Improvements, which will be paid as set forth herein, the fees, charges, and assessments payable in connection with future phases of the development of the Subject Property will be established in the Subdivision Agreements for such future phases based upon the amounts of such fees, charges, and assessments in effect at the time of plat approval for such phases. Notwithstanding anything in this Agreement to the contrary, the remaining balance of the cost for the 132nd Street West Improvements not paid in connection with the First Phase will be allocated to the future phases of the development of the Subject Property based upon the number of buildable lots within each such phase. The amount of the costs allocable to each lot within each such future phase will be payable at or before the time the City issues a building permit for a building on each such lot. In the event the Developer fails to record a final plat for any portion of the Subject Property on or before the date that is four (4) years following the date of this Agreement, the City may specially assess the portion of the cost of the 132nd Street West Improvements allocable to such unplatted portion of the Subject Property against such property. 22. Pond Construction Credit. The City and the Developer acknowledge and agree that certain of the storm water improvements, such as ponding and related infrastructure (collectively, the “Regional Storm Water Improvements”) that the Developer is constructing and installing in connection with the Development of the Subject Property have been designed to provide storm water storage and treatment both for the Subject Property and for parcels of property other than the Subject Property. In exchange for the Developer’s agreement to construct the Regional Storm Water Improvements, as such improvements are identified in the Development Plans, the City has agreed to reimburse the Developer for a portion of the cost of such improvements. The City hereby agrees to pay the Developer $87,557 to reimburse it for a portion of the cost of the Regional Storm Water Improvements (the “Pond Construction Credit”); provided, however, in the event it is determined at the time of the construction of the Regional Storm Water Improvements that the actual infiltration rates of the Subject Property do Dunmore May 2017 Page 8 of 13 not match the rates used in the design of the Regional Storm Water Improvements and, as a result of this discrepancy, the size of the infiltration area needs to be increased, the Pond Construction Credit will be increased proportionately, using the same methodology as the parties used to calculate the initial Pond Construction Credit, to also reimburse the Developer for a portion of the additional costs it will incur to increase the size of the infiltration area. The Developer will use the Pond Construction Credit to satisfy the Storm Sewer Trunk Area Charges that would otherwise be payable in connection with the First Phase (total of $55,400.55) and the remaining balance ($32,156.45) of the Pond Construction Credit will be used as a credit towards the Storm Sewer Trunk Area charges in future phases. 23. 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 the date of this agreement are: A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $2,485). 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 $2,300/SAC unit for single family residential and multi-family residential). 24. 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. E. All building permit fees are paid in full. F. No early building permits will be issued, except as provided below. 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 are in and approved by the City, unless otherwise authorized in writing by the City Engineer. Notwithstanding the foregoing, the City agrees to issue a building permit for one (1) model home within the First Phase prior to the completion of the items identified in subparagraphs (A) – (D) above. However, the City’s issuance of a permit is conditioned upon the Developer’s submission of plans to the City showing acceptable public road access and provisions for fire safety, including an adequate water source. 25. 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. Dunmore May 2017 Page 9 of 13 26. Verification of Final Payment. At project completion, Developer shall submit to the City a copy of the final contractor pay voucher with an itemized summary of the construction costs. No securities will be fully released until this information is submitted and accepted by the City Engineer. 27. 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, draw on the letter of credit or other security described in section 10, or 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. 28. 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. This Agreement shall run with the land and may be recorded against the title to the subject 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. Dunmore May 2017 Page 10 of 13 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 existing 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. 29. 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: Greg Schweich Copper Creek Development, LLC 14190 Commerce Avenue NE, Suite 500 Prior Lake, MN 55372 With a copy to: Brian S. McCool Fredrikson & Byron P.A. 200 South 6th Street, Suite 4000 Minneapolis, MN 55126 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 145th Street West Rosemount, Minnesota 55068 [SIGNATURE PAGE FOLLOWS] Dunmore May 2017 Page 11 of 13 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: Clarissa Hadler, City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ______ day of ____________________, 2017, by William H. Droste, Mayor, and Clarissa Hadler, 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 COPPER CREEK DEVELOPMENT, LLC BY: Its BY: Its STATE OF MINNESOTA ) ) SS COUNTY OF _____________) The foregoing instrument was acknowledged before me this _____ day of ______________________, 2017 by ___________________________________, its ______________________________________, and ____________________________________, its_______________________________________ of Copper Creek Development, LLC, a Minnesota limited liability company, on behalf of said company. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 59221289_2.docx Dunmore May 2017 Page 12 of 13 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 surety 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 surety 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 surety 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 ($20,000 per acre of mitigation). Dunmore EXHIBIT B (Page 1 of 2) No.Item Cost 110%Calculation 1 Grading and Erosion Control 93,555$ 102,911$ $3500/ac x 26.73 acres, Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 15,000$ 16,500$ $500/lot x 30 lots 4 Retaining Wall -$ -$ N/A 5 Landscaping 23,250$ 25,575$ Per City Planner, 93 trees x $250 6 Street Lights 16,000$ 17,600$ 4 lights x $4000/light 7 Buffer Monumentation -$ -$ N/A 8 Surface Improvements 367,662$ 459,578$ 125% 9 Water Main Improvements 167,750$ 209,688$ 125% 10 Sanitary Sewer Improvements 134,805$ 168,506$ 125% 11 Storm Sewer Improvements 142,077$ 177,596$ 125% Total 985,099$ 1,205,453$ No.Item Cost Estimated Construction Cost 812,294$ 1 Engineering Review Fees 10,000$ 2 Construction Monitoring Fees 121,844$ Design Fees Paid by Developer (25,000)$ 3 Attorney Fees 4,000$ 4 5% City Administrative Fees 40,615$ 5 Street Light Energy Cost 1,152$ 6 GIS Fees 1,800$ 7 Trail Fog Seal -$ 8 Seal Coating 10,406$ Total 164,817$ No.Item Cost 1 Storm Sewer Trunk Charge -$ 2 Sanitary Sewer Trunk Charge 8,675$ 3 Water Trunk Charge 52,455$ 4 Stormwater Ponding Fee -$ 5 Park Dedication 102,000$ 6 132nd Street West Improvements 38,720$ Total 201,851$ Payment received (07/20/2015) Calculation $1075/acre x 8.07 acres ($289.17 per lot) N/A Estimate 5% of Estimated Construction Cost 4 lights x 24 months x $12/month $60/unit x 30 units, or $120/acre N/A 30 units x .04 x $85,000 ($3,400 per lot) Engineer's Est $112,289 / 87 total lots = $1,290.68 per lot 15% of Estimated Construction Cost Letter of Credit for Developer Improvements (due with signed agreement) City Fees (due with signed agreement) Calculation City Engineer Estimation City Engineer Estimation $6500/acre x 8.07 acres ($1,748.50 per lot) $1.70/SY x 6121 SY (53% of total ROW) Development Fees (due with each building permit) $6865/net developable acre x 8.07 acres = $55,400.55 minus $87,557 stormwater ponding credit = ($32,156.45). The remaining $32,1456.45 credit will be applied when Outlot B is developed. Block Lots Units Block Lot Units SQ FT Acres 1 1 1 1 1 1 10129 0.23 2 13 13 2 1 1 9206 0.21 3 3 3 2 2 1 7083 0.16 4 13 13 2 3 1 7059 0.16 2 4 1 7097 0.16 2 5 1 7141 0.16 Total 30 30 2 6 1 7186 0.16 2 7 1 7230 0.17 Total Plat Area =26.73 acres 2 8 1 7275 0.17 Park Dedication =0.00 acres 2 9 1 7319 0.17 Future Plat Area =18.66 acres 2 10 1 7331 0.17 Developable Area =8.07 acres *2 11 1 7286 0.17 Wetland/Ponding to HWL = 0.00 acres 2 12 1 7239 0.17 Net Developable Area =8.07 acres 2 13 1 9282 0.21 3 1 1 10604 0.24 * Excludes future plat areas.3 2 1 8165 0.19 3 3 1 8127 0.19 4 1 1 13454 0.31 4 2 1 8211 0.19 4 3 1 8165 0.19 4 4 1 8119 0.19 4 5 1 8072 0.19 4 6 1 8026 0.18 4 7 1 7980 0.18 4 8 1 7967 0.18 4 9 1 8010 0.18 4 10 1 8054 0.18 4 11 1 8099 0.19 4 12 1 8143 0.19 4 13 1 10584 0.24 ROW 103949 2.39 OUTLOT A 96770 2.22 OUTLOT B 716149 16.44 Total Boundary 26.73 sealcoat calc 55,093.0 sq. yd.6,121.4 Totals EXHIBIT B (Page 2 of 2) Dunmore Dunmore May 2017 Page 13 of 13 ATTACHMENT ONE Dunmore Final Plat CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2015 - 48 A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR DUNMORE WITH A ROAD "A" CUL-DE-SAC WHEREAS, the City of Rosemount received a request for Preliininary Plat approval from the Copper Creek Development, LLC concerning property legally described as: That part of the North Half of the Southeast Quarter of Section 20, Township 115, Range 19, Dakota Counry, Minnesota which lies northerly of ROSEMOUNT FAMILY HOUSING, according to the recorded plat thereof and westerly of the occupied right of way line of State Trunk Highway No. 3. Together vith the South vest Quarter of the Northeast Quarter of Section 20, Township 115, Range 19, lying westerly of the occupied right of way for State Trunk Highway No. 3, Dakota County, Nlinnesota, except that part described as follows: Commencing at a point on the North line of the Southwest Quarter of Section 20, Township 115, Range 19, said point being 607.8 feet East of the Northwest corner of said Southwest Quarter of Northeast Quarter; thence East along the said North line of the Southwest Quarter of Northeast Quarter, 50 feet; thence South 40 feet; thence West 50 feet; thence North 40 feet to the point of beginning. WHEREAS, on May 26, 2015, the Planning Comnussion of the City of Rosemount held a public hearing and reviewed the Prelinunary Plat for Dunmore (then named Evermoor Place); and WHEREAS, on May 26, 2015, the Planning Commission forwarded a recommendation with a ue vote for the Preliminary Plat for Dunmore, subject to conditions; and WHEREAS, on June 16, 2015, the City Council of the City of Rosemount reviewed the Planning Cointnission's recommendation. NOW,THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Preliininary Plat for Dunmore with a Road"A" Cul-de-Sac, subject to the following conditions: a. Approval and execution of a subdivision agreement that includes the payment for and/or construction of Dodd Blvd. b. Approval of a Major Planned Unit Development rezoning the subject property and designating ininiinum lot requirements and setbacks. c. Along the rear property line of Lots 29, 30, 32 and 33, Block 1, construct an eight (8) foot vide trail that connects the regional trail along South Robert Trail with the access drive for the lift station. The developer shall dedicate a 20 foot wide trail easement to the City. d. Construct a trail to connect the existing Glendalough trail at the western property line of Lot 1, Block 3 to connect with regional trail to be constructed in the right-of- way northeast of Lot 1, Block 3. The developer shall dedicate a 15 foot wide trail easement across the northern portion of Lot 1, Block 3 to the City. e. Dedicate a 30 foot vide trail easement over the regional trail corridor to the City. MnDOT must grant a trail easement over the regional trail within Minnesota RESOLUTION 2015- Highway 3 right-of-way. If MnDOT does not grant the easement, then the trail grading must be moved onto the developer's property. g. Driveways shall not access onto 132"d Street, 134`" Street or South Robert Trail. h. Vegetation removal shall be limited to the areas that are required to be mass graded. Trees shall not be removed by the developer from areas in which the grades are not changed. i. The stormwater and ponding calculation cannot be approved with the limited informarion required during Preliininary Plat review. The stormwater and ponding calculations vill be reviewed and approved with the Final Plat and fmal design. If addition ponding area is required with the final pond design and approval, then the number of lots within the subdivision will need to be reduced accordingly. Additional deviations from the City Code within the Planned Unit Development will not be considered due to an increased ponding area. j. Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated June 10, 2015. k. Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated June 10, 2015. 1. Dedicate Lots 10 through 12, Block 1 for public park purposes. ADOPTED this 16`" day of June, 2015, by the City Cou cil of the Ciry of Rosem t t. William H. Droste, 1 layor ATTEST: Clarissa Hadler, City Clerk 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2015 - 49 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT (PUD) MASTER DEVELOPMENT PLAN WITH REZONING FOR DUNMORE WITH A ROAD "A" CUL-DE-SAC WHEREAS, the Communiry Development Department of the City of Rosemount received an applicarion from the Copper Creek Development, LLC requesting a Planned Unit Development PUD) Master Development Plan with Rezoning concerning property legally described as: That part of the North Half of the Southeast Quarter of Section 20, To vnship 115, Range 19, Dakota County, Minnesota vhich lies northerly of ROSEMOUNT Fr1MILY HOUSING, according to the recorded plat thereof and westerly of the occupied right of way line of State Trunk Highway No. 3. Together with the Southwest Quarter of the Northeast Quarter of Section 20, Township 115, Range 19, lying westerly of the occupied right of way for State Trunk Highway No. 3, Dakota County, 1 Zinnesota, except that part described as follows: Commencing at a point on the North line of the Southwest Quarter of Section 20, Township 115, Range 19, said point being 607.8 feet East of the Northwest corner of said South vest Quarter of Noxtheast Quarter; thence East along the said North line of the South vest Quarter of Northeast Quarter, 50 feet; thence South 40 feet; thence West 50 feet; thence North 40 feet to the point of beginning. WHEREAS, on May 26, 2015, the Planning Commission of the City of Rosemount held a public hearing and reviewed the PUD Master Development Plan; and WHEREAS, on 1 7ay 26, 2015, the Planning Coininission recommended approval of the PUD Master Development Plan, subject to condiuons; and WHEREAS, on June 16, 2015, the City Council of the City of Rosemount revie ved the Planning Coin.mission's recommendations. NOW,THEREFORE, BE IT RESOLVED, the Council of the Ciry of Rosemount hereby approves the Planned Unit Development (PUD) Master Development Plan with Rezoning for Dunmore with a Road "A" Cul-de-Sac, subject to: a. The front elevation design shall include one of the following elements: i. Three and a half(3.5) feet of brick or stone wainscoting, excluding doors, windows or the wall behind the front porch; u. A front porch with railing that extends at least 30% of the width of the front elevation, inclucling the garage; iu. A side entry garage; iv. No more than 70% lap siding, excluding doors and windows. b. A deviarion from City Code Section 11-2-15 F. so that the home designs do not need to include an option for a three-car garage stall. RESOLUTION 2015- c. A deviation from City Code Section 11-4-5 F.1. to reduce the interior lot minimum area of 10,000 to 7,000 square feet and corner lot ininitnum area from 12,000 to 8,750 square feet. d. A deviation from City Code Section 11-4-5 F.2. to reduce the minimum lot width to s ty (GO) feet for interior and seventy seven and one half(77.5) feet for corner lots. e. A deviation from City Code Section 11-4-5 F.4. to reduce the front yard setback to twenty five (25) feet for Blocks 1 and 3; and to t venty feet (20) feet for Block 2. A deviation from City Code Section 11-4-5 F.S. to reduce the side yard setback to seven and one half(7.5) feet. g. A deviation from City Code Section 11-4-5 F.9. to increase the ma tnum lot coverage to forty five percent (45%) for lots less than 8,250 square feet; to forty percent (40%) for lots between 8,250 square feet and 9,750 square feet in size and thirty five percent (35%) for lots between 9,750 square feet and 11,250 square feet. h. A deviation from City Code Section 11-5-2 C. 6. b. removing the requirement of increased setbacks from minor arterial highways. i. r deviation from City Code Section 12-3-1 K. to allow for a cul-de-sac up to 850 feet in length. j. Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated June 10, 2015. k. Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated June 10, 2015. ADOPTED this 16``' day of June, 2015, by the City Council of the Ciry of Rosemount. William H. Droste, Mayor ATTEST: 2 Clarissa Ha ler, City Clerk 2 MEMORANDUM To: Kim Lindquist, Community Development Director Eric Zweber, Senior Planner Jason Lindahl, Planner Patrick Wrase, Public Works Director/City Engineer Phil Olson, Assistant City Engineer From: Dan Schultz, Parks and Recreation Director Date: August 12, 2015 Subject: Dunmore Revised Preliminary Plat and Final Plat 1st Addition Parks and Recreation staff recently reviewed the plans for the Dunmore Revised Preliminary Plat and for the Dunmore Final Plat 1st Addition and has the following recommendations:  Staff is recommending that the City collect cash in-lieu of land to satisfy the parks dedication requirements for the 1st Addition of the Dunmore Development. Staff is expecting to collect the land dedication for the future City park with a future phase of the project. The cash in- lieu of land dedication amount for the 1st phase of the project is $102,000 ($3,400 x 30 units).  Staff is recommending the sidewalk on Road B be switched to the east side of the road for easier access to the public park. Staff feels that with the recommended change, the trails and sidewalks are adequate and will meet the needs of the neighborhood.  Staff has reviewed the grading plan and feels the proposed grades in the future City park are acceptable. The Parks and Recreation Commission reviewed the Dunmore Development Revised Preliminary Plat and the Final Plat 1st Addition on Monday, July 27, 2015 and supported the staff recommendations but also made the following additional recommendation:  The sidewalk on Road B should remain as submitted thus creating a looping sidewalk system around Block 2 and an additional sidewalk should be added to the east side of the Road B to provide easier access to the park. Please let me know if you have any questions about this memo. MEMORANDUM DATE: August 12, 2015 TO: Eric Zweber, Senior Planner CC: Kim Lindquist, Community Development Director Pat Wrase, Director of Public Works/City Engineer Dan Schultz, Parks and Recreation Director Chris Watson, Public Works Coordinator Amy Roudebush, Planning & Personnel Secretary FROM: Phil Olson, Assistant City Engineer RE: Dunmore: Final Plat Review SUBMITTAL: Prepared by Rehder and Associates, Inc., the Dunmore Grading preliminary plat is dated May 8, 2015 and last revised July 22, 2015. Engineering review comments were generated from the following documents included in the submittal:  Preliminary Plat  Grading Plan Set (6 pages) is comprised of the following: o Cover Sheet o Grading, Drainage, & Erosion Control Plan o Road Profile Plan  Final Plat  Preliminary Ponding Calculations, dated July 1, 2015 (12 pages) DEVELOPMENT FEES: 1. The developer has requested the City to publicly install the public infrastructure and have the improvements assessed to the property. 2. The developer is responsible for a share of the cost to upgrade 132nd Street and extend watermain from TH 3 to Dodd Boulevard. This cost has been determined to be $112,289. 3. The developer will be responsible for the cost of sidewalks and non-regional trails internal to the development. The developer will be responsible for grading the regional trail and Dakota County will be responsible for the cost of the future construction of the regional trail. 4. The developer will be responsible for the cost for the first roadway seal coat and street lighting costs. 5. Additional development fees are required based on the current Schedule of Rates and Fees. Area charges will be calculated based on the final plat areas at the rates listed below.  Storm Sewer Trunk Charge: $6865/net developable acre  Sanitary Sewer Trunk Charge: $1075/acre  Watermain Trunk Charge: $6500/acre 6. The developer is required to provide ponding for the adjacent properties. A credit of $55,872 will be applied to the Dunmore development based the city’s stormwater ponding fee credit calculations. 7. The City will oversize storm sewer within the development from 132nd Street to the Dunmore Pond to provide conveyance of the runoff from 132nd Street. GENERAL COMMENTS: 8. An existing conditions/removal plan should be provided to show the removal of the existing homes and relocation of existing utilities. 9. An erosion control plan and approved NPDES permit is required prior to issuance of a grading permit for mass grading. 10. A brief feasibility report is required to document the surrounding roadway and utility improvements. This feasibility report is being completed concurrent with the development review. 11. An existing conditions and removal plan is required showing the removals associated with Dodd Boulevard and driveway access to TH 3. 12. Individual lots, post home construction, are not allowed to be constructed with a slope greater than 1:4. The final lot survey is requirement to verify that this requirement is met. Walkout models may not use the entire building pad which increases the grade from the front to the back of the house. 13. Storm sewer is proposed along the side and back lot lines of certain properties to convey rear yard drainage. Drainage and utility easements along these lines shall prohibit the installation of sheds to ensure that access can be provided for storm sewer maintenance. Fences are allowed but shall not restrict drainage and are required to include gates for truck access over the drainage and utility easement. Also, landscaping that will block access should be prohibited. These restrictions should be added as a restriction on the property deed. This will impact the following properties (grading plan):  Block 2: Lot 1, Lot 10, Lot 11, Lot 14 through Lot 18, Lot 25 through Lot 30  Block 3: Lot 1 through Lot 9, Lot 18 through Lot 26 14. Trees should not be located over storm sewer pipes or within emergency overflow routes or overland flow routes. Additionally, trees located on individual properties should not be planted near the sanitary sewer and water service lines. These trees should be positioned a minimum of 15 feet from the service lines. An updated utility layout should be shown on the landscape plan and trees should be located as specified above. FINAL PLAT COMMENTS: 15. The public right-of-way should be extended to the back lot line of Block 2, Lot 13 (final plat). 16. Block 5 should be relabeled to Block 3 (final plat). 17. A drainage, utility and ponding easement is required over Outlot A and the future rear yards within Outlot B to the HWL. 18. A drainage and utility easement is required over Outlot B. 19. Drainage and utility easements on the final plat are required to be adjusted to encompass below the EOF elevation plus 1 foot and areas that are part of drainage swales. GRADING PLAN COMMENTS: 20. A “No Grading” area is shown in several locations on the grading plan in an effort to preserve the existing trees on the property. This area may not meet the city’s minimum grade 2% and there may occasionally be standing water after rain events or irrigating. The developer is required to notify future property owners of the grading limitations on these properties. STORMWATER MANAGEMENT COMMENTS: 21. The storm sewer will be revised during final design. Typical revisions will include number and placement of catch basins, pipe alignments, and design of outlet control structures. 22. A wetland review/delineation of the site is required to be completed and submitted to the City for review. 23. Assumptions for infiltration rates have been provided at 2-inches per hour. Double ring infiltration testing is required to be performed at the time of grading to verify the design infiltration rates. This information shall be submitted to the City for review. 24. Sump manholes are required prior to discharge to a pond. Sumps will be added during final design. ROADWAY/TRAIL COMMENTS: 25. The development is required to include the removal of approximately 200 feet of road and sidewalk on Dodd Boulevard, south of the southern property line. The removal limits will extend to the northern driveway and a new curb will be installed to create a curved access to the southern development. Dodd Boulevard was planned to be extended through the development but after further review the connection was not needed. 26. Soil boring information should be provided to verify that the city’s typical roadway section is adequate for the existing soils. 27. The alignment and profile of the regional trail should be reviewed and approved by Dakota County. Grading of the regional trail is required to be completed by the developer. The cost of paving the regional trail shall be provided by Dakota County. EASEMENT/PERMIT COMMENTS: 28. The trail located along the north side of Block 4, Lot 1 is required to be within a trail easement or an outlot owned by the association. 29. Conservation easements are required over all stormwater ponds, infiltration basins, wetlands, and buffers. Signage for conservation easements shall be provided by the developer and an extended 5 year maintenance warranty shall be required to ensure establishment of the naturally vegetated areas. Costs associated with the establishment of the naturally vegetated areas and the 5 year maintenance period shall be a cost of the development. 30. Drainage and utility easements in the rear yards of Block 4, Lot 8 through Lot 11 may be modified following mass grading if the swale areas can be graded away from the building pad. This will allow more space for the installation of a deck behind the homes. 31. An additional drainage and utility easements are required on Lot 15, Lot 16, and Lot 18, Block 2. The easements should extend a minimum of 35 feet from the lift station location. 32. A 30-foot wide trail easement is required for the regional trail. An easement sketch and description of the easement should be submitted. 33. All work occurring within the Williams Pipeline Easement shall be by agreement or permit. An agreement or permit between the developer and Williams Pipeline shall be submitted to the City. 34. All work occurring within the Xcel Energy Transmission easement shall be by agreement or permit. The regional trail is currently proposed within the Xcel Energy easement. An agreement or permit between the developer and Xcel Energy shall be submitted to the City. 35. A permit from Mn/DOT will be required for the removal of the two existing driveway accesses to Trunk Highway 3. 36. The width of drainage and utility easements over all public utilities shall be verified during final design. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015.