HomeMy WebLinkAbout6.j. Request by CalAtlantic Group, Inc., for Final Plat Approval of Greystone 7th Addition
EXECUTIVE SUMMARY
City Council Regular Meeting: March 20, 2018
AGENDA ITEM: Request by CalAtlantic Group, Inc., for
Final Plat Approval of Greystone 7th
Addition
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.j.
ATTACHMENTS: Resolution; Subdivision Agreement;
Excerpt from February 27 Planning
Commission Meeting; Site Location; Final
Plat; Preliminary Plat; Engineer’s Memo
dated February 22, 2018; Parks and
Recreation Memo dated February 21,
2018
APPROVED BY: LJM
RECOMMENDED ACTION: The Planning Commission and staff recommend the City
Council adopt the following motions:
1) Motion to Adopt a Resolution Approving the Final Plat for Greystone 7th Addition
subject to conditions.
2) Motion to Approve the Subdivision Development Agreement for Prestwick Place 14th
Addition and Authorizing the Mayor and City Clerk to enter into this Agreement.
SUMMARY
Applicant: CalAtlantic Group, Inc.
Comp. Guide Plan Designation: LDR – Low Density Residential
Current Zoning: R-1, Low Density Residential with the Greystone Planned Unit
Development (R-1: PUD)
Gross Area: 17.9332 Acres
Net Area: 17.9332 Acres
Lots/Units: 46 Single Family Lots
Gross Density: 3.89 units/acre
Net (Met Council) Density: 3.89 units/acre
The applicant, CalAtlantic Group, Inc., requests approval of a final plat for Greystone 7th Addition to
allow development of 46 single family lots. The final plat is necessary to facilitate subdivision of the
subject property into individual residential lots and public streets. Staff finds the application consistent
with the Greystone III preliminary plat and recommends approval of the request subject to conditions
detailed in the motion above.
February 27 Planning Commission Meeting
The Planning Commission reviewed this item at its February 27, 2018 meeting. The commission had
some questions about the incorporation of the stormwater retention ponds into the plat and the easements
that are being placed over the stormwater infrastructure. The Planning Commission unanimously
recommended approval of the Final Plat.
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BACKGROUND
In October, 2016, the City Council approved a preliminary plat, Planned Unit Development (PUD) master
development plan with rezoning, and zoning ordinance amendment for the 169 single-family-lot
Greystone III development. At that time, the Council also approved a 22-lot final plat for the first phase
of the Greystone III development. One of the issues at that time was the concern about traffic cutting
through the existing Greystone neighborhood to access the new housing development. The connection to
Bonaire Path was made previously, as part of the 6th Addition. This plat provides additional lots available
for development with applicable road extensions. Greystone III is the eastern continuation of the
Greystone neighborhood located east of Akron Avenue and south of Bonaire Path.
ISSUE ANALYSIS
Legal Authority. The final plat application is Quasi-Judicial because the City has a set of standards and
requirements for reviewing this type of application that is described in detail below. Generally, if the final
plat meets the ordinance requirements it must be approved.
Land Use and Zoning. The proposed 46 single-family lot subdivision is consistent with the current land
use and zoning classifications. The subject property is guided LDR – Low Density Residential and zoned R-
1PUD, Low Density Residential Planned Unit Development. As a result, the property is subject to all the
standards of the R-1, Low Density Residential zoning districts as well as the standards for detached single
family units contained in the approved PUD. The deviations from the R-1 standards that were part of the
October, 2016, PUD approval include the allowance of two car garage designs; reduction in the minimum
lot size from 10,000 square feet to 8,600 square feet; reduction in the minimum lot width from 80 feet to 60
feet, reduction in the front yard setback from 30 feet to 25 feet; reduction in the side yard setback from 10
feet to 7.5 feet; and the increase of the maximum lot coverage tiered from 30% to 40% depending upon lot
size.
Comparison of Lot Requirements and Standards
Category Current R-1
Standards
Prestwick Place
Standards
Proposed Greystone
Standards
Min. Lot Area 10,000 sq. ft. (Interior)
12,000 sq. ft. (Corner) 8,500 sq. ft. 8,600 sq. ft.
10,400 sq. ft.
Min. Lot Width 80 ft. (Interior)
95 sq. ft. (Corner) 65 ft. 60 ft.
Min. Front Yard Setback 30 ft. 25 ft. 25 ft.
Min. Side Yard Setback 10 ft. 7.5 ft. 7.5 ft.
Min. Rear Yard Setback 30 ft. 30 ft. 30 ft.
Max. Impervious Surface 30% 35% 30%, 35%, 40%
Final Plat. Standards for reviewing subdivision requests are detailed in Title 12 of the Rosemount City
Code. This section of the Code outlines the two-step process for land subdivision. This process includes
approval of the Preliminary Plat and the Final Plat. In this case, the preliminary plat was approved on
October 18, 2016, creating 168 lots for future development. The final plat contains 46 lots for the
construction of single family homes.
Parks and Open Space. The Greystone 7th Addition creates 46 buildable lots from 17. 9 acres. The
Parks Commission did not request additional land dedication as part of the preliminary plat and therefore
cash payment in lieu of dedication is required. Based upon the current fee schedule the applicant is
required to pay $156,400 (46 units x $3,400 per unit).
Engineering Comments. The City’s project engineer has provided comments in the attached
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memorandum dated February 22, 2018. These are consistent with previous reviews, dealing primarily
with stormwater issues which will be addressed with final grading plans.
CONCLUSION AND RECOMMENDATION
The Planning Commission and Staff recommend approval of the Final Plat for Greystone III 7th Addition
creating 46 single family lots. This recommendation is based on the information submitted by the
applicant, findings made in this report, and the conditions detailed in the attached memorandums.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-
A RESOLUTION APPROVING A FINAL PLAT
FOR GREYSTONE 7TH ADDITION
WHEREAS, CalAtlantic Group Inc., 7599 Anagram Drive, Eden Prairie, MN (Applicant) has
submitted an application to the City of Rosemount (City) for a Final Plat concerning property legally
described as follows:
Outlot E, GREYSTONE 5TH ADDITION, according to the recorded plat thereof, Dakota
County, Minnesota
WHEREAS, on February 27, 2018, the Planning Commission of the City of Rosemount reviewed
the Final Plat for Greystone 7th Addition; and
WHEREAS, on February 27, 2018, the Planning Commission recommended approval of the Final
Plat for Greystone 7th Addition, subject to conditions; and
WHEREAS, on March 20th, 2018, the City Council of the City of Rosemount reviewed the
Planning Commission’s recommendations and the Final Plat for Greystone 7th Addition; and
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Final Plat for Greystone 7th Addition, subject to the following conditions:
1. Execution of a Subdivision Agreement
2. 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.
3. Provision of $156,400 for Fee-in-Lieu of Park Dedication.
4. Provision of $19,000 for Landscaping Surety.
5. Compliance with the conditions and standards within the City Engineer’s Memorandum
dated February 22, 2018.
ADOPTED this 20th day of March, 2018, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
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SUBDIVISION AGREEMENT
Greystone 7th Addition
AGREEMENT dated this _______ day of _______________________, 2018, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation (the "City"), and CALATLANTIC GROUP, INC., a
Delaware 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 Greystone 7th 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 GIS, Park Dedication and other fees identified in the
current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses,
conservation areas, streets and utilities.
3. Phased Development. The City may refuse to approve final plats of subsequent additions of the
plat if the Developer has breached this Agreement and the breach has not been remedied.
Development of subsequent phases may not proceed until Subdivision Agreements for such phases
are approved by the City.
4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the
contrary, to the full extent permitted by state law, the City may require compliance with any
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amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication
requirements enacted after the date of this Agreement.
5. Development Plans. The subject property shall be developed in accordance with the following
plans, original copies of which are on file with the City Engineer. The plans may be prepared, subject
to City approval, after entering this Agreement, but before commencement of any work on the
Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall
control. The plans are:
Plan A - Plat
Plan B - Soil Erosion Control Plan and Schedule
Plan C - Drainage and Storm Water Runoff Plan
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, hereinafter referred to as the “Developer Improvements”:
A. Setting of lot and block monuments
B. Surveying and staking of work required to be performed by the Developer
C. Gas, electric, telephone, and cable lines
D. Site grading
E. Landscaping
F. Streetlights
G. Other items as necessary to complete the development as stipulated herein or in other
agreements
7. Time of Performance. The Developer shall install all required improvements enumerated in
Paragraph 6 which will serve the subject property by October 31, 2018, subject to delays to due
inclement weather, casualty, labor strikes, material shortages, or other force majeure not within the
Developer’s reasonable control. The Developer may, however, request an extension of time from the
City. If an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion date.
8. Public Infrastructure. The following improvements, hereinafter referred to as “Public Infrastructure
Improvements” (known as City Project 2018-10), 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:
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A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks/Pathways
ATTACHMENT ONE shows the area within which the Public Infrastructure Improvements will be
constructed pursuant to this Paragraph. Contracts shall provide for construction in accordance with
plans and specifications prepared by the City or its consultants. The City will not enter into such
contracts until all conditions of plat and subdivision approval have been met, the plat is recorded, and
the City has received the bonds and security required by this agreement.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department
of Health and all other agencies before proceeding with construction.
9. Assessment for Costs of Public Infrastructure Improvements. Developer petitions the City for
construction of the Public Infrastructure Improvements listed in paragraph 8 and the assessment of
Developer’s share of the cost thereof, together with Sanitary Sewer Trunk Charges, Watermain Trunk
Charges, and Storm Sewer Trunk Charges against the Subject Property in accordance with the Petition
and Waiver Agreement attached hereto as ATTACHMENT TWO, which is hereby made a part hereof.
Payment of special assessments when due as levied and as specified in ATTACHMENT TWO is a
personal obligation of Developer, and upon failure of Developer or its successors in interest to pay
such assessments when due, the City may exercise any remedy specified herein or otherwise allowed in
law or equity, including but not limited to, refusal to issue building permits and certificates of
occupancy for any lot or lots for which the full amount of principal and accrued interest of
assessments levied pursuant to ATTACHMENT TWO are not fully paid. Upon execution of this
Agreement, the Developer will provide the letter of credit described in ATTACHMENT TWO.
10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement,
payment of the costs of all Developer Improvements, and construction of all Developer
Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash escrow or
irrevocable letter of credit from a local bank (“security”) in the amount of One Hundred Sixty-Five
Thousand, Seven Hundred Twenty-One Dollars ($165,721), which is 110% of the estimated cost of
the Developer Improvements. The amount of the security was calculated as follows:
Cost 110%
Grading & Erosion Control $62,755 $69,031
Pond Restoration and Erosion Control Removal $25,000 $27,500
Survey Monumentation $23,000 $25,300
Landscaping $19,000 $20,900
Street Lighting (5 lights) $20,000 $22,000
Buffer Monumentation (18 signs) $900 $990
Total $150,655 $165,721
Refer to Exhibit A and Exhibit B 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
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Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with written notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2)
weeks of receiving notice, the City may draw on the letter of credit. With City approval, the letter of
credit may be reduced from time to time as financial obligations are paid and developer-installed
improvements completed to the City’s requirements.
11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be coordinated by
the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
development to the City as the site grading is completed by phase, with street and lot grades. If the
installation of utilities is occurring simultaneously with the grading, the utility contractor shall have
preference over the grading activities. No substantial grading activities can be completed over
installed utilities unless otherwise protected. All improvements to the lots and the final grading shall
comply with the grading plan as submitted and shall be the responsibility of the Developer.
12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Subject Property to perform all work and inspections deemed appropriate by the
City during the installation of Public Infrastructure Improvements.
13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by
the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72
hours after the completion of the work in that area. Except as otherwise provided in the erosion
control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a
temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as
necessary for seed retention.
All basement and/or foundation excavation spoil piles shall be kept completely off City right-of-way
and shall be completely surrounded with an approved erosion control silt fence. Approved erosion
control fencing shall be installed around the perimeter of each lot or at City-approved locations at the
time of building permit issuance and remain in place until the lot is seeded or sodded. A 20-foot
opening will be allowed on each lot for construction deliveries.
The parties recognize that time is critical in controlling erosion. If development does not comply with
the erosion control plan and schedule, or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion. This right also applies to the required
erosion control for basement and/or foundation excavation spoil piles. The City will attempt to
notify the Developer in advance of any proposed action, but failure of the City to do so will not affect
the Developer’s or City’s rights or obligations hereunder. If the Developer does not reimburse the
City for any cost the City incurred for such work within thirty (30) days, the City may draw down the
letter of credit to pay any costs. No development will be allowed, and no building permits will be
issued unless the Subject Property is in full compliance with the erosion control requirements.
14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the
City Planner.
15. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction
work by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and
determine whether it is necessary to take additional measures to clean dirt and debris from the streets.
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After a 24-hour verbal notice to the Developer, the City will complete or contract to complete the
cleanup at the Developer’s expense in accordance with the procedures specified in Paragraph 13. The
Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of
erosion/siltation and restore to the original condition at the end of home construction within this
development. All silt fence and other erosion control should be removed following the establishment
of turf. These items are to be secured through the letter of credit as is noted in Exhibit A.
16. Ownership of Improvements. Upon completion and City acceptance of the work and construction
required by this Agreement, the public improvements lying within public rights-of-way and easements
shall become City property without further notice or action unless the improvements are slated as
private infrastructure.
17. Warranty. The Developer warrants all work required to be performed by it against poor material and
faulty workmanship for a period of two (2) years after its completion and acceptance by the City 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
three (3) 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.
18. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the Subject Property including, but not limited to, Soil
and Water Conservation District charges, legal, planning, engineering and inspection expenses
incurred in connection with approval and acceptance of the subdivision and the plat, the
preparation of this Agreement and any amendments hereto, and all costs and expenses incurred
by the City in monitoring and inspecting the development of the Subject Property.
B. The Developer shall hold the City and its officers and employees harmless from claims made by
itself and third parties for damages sustained or costs incurred resulting from plat or subdivision
approval and development of the Subject Property, except for any costs or expenses arising
from the negligence or other wrongful acts or omissions of the City, it’s agents, employees or
contractors. 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. Upon request, the City shall provide
invoices, in reasonable detail, as to any such fees. The estimated City fees of $165,496 shall be
deposited with the City at the time this Agreement is signed and represent the following
estimates:
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$12,000 Engineering Review Fees
$132,600 Engineering Design and Construction Admin Fees
($40,000) Payment received 02/15/18
$2,500 Attorney Fees
$44,200 5% City Fees
$1,440 Street Light Energy Cost
$2,760 GIS fees
$9,997 Seal Coating
$165,496 Total Fees 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 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.
E. The Developer shall pay all energy costs for street lights installed within the Subject Property for
24-months at a cost of $12/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
$1.70/SY. The sealcoating will be completed within three (3) years following wear course
placement.
G. The Developer shall pay the cost of fog sealing the trails within the development at a cost of
$0.20/SF. The fog sealing will be completed within three (3) years following trail installation.
19. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the
time of execution of any plat by the City:
A. Park dedication fees in the amount of $156,400
C. Storm Sewer Trunk Area Charges ($110,046 to be included in petition & waiver)
D. Sanitary Sewer Trunk Area Charges ($19,275 to be included in petition & waiver)
E. Watermain Trunk Area Charges ($116,545 to be included in petition & waiver)
Or other amounts for such fees as in effect at the time of plat approval.
20. The Developer understands that builders will be required to pay for the Subject Property certain fees,
charges and assessments in effect at the time of issuance of building permits, as more specifically
identified below. 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).
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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 $2,400/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.
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, material men or agents. No occupancy permits shall be issued
until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the City
(excluding the final wear course of bituminous), unless otherwise authorized in writing by the City
Engineer.
22. Record Drawings. At project completion, Developer shall submit record drawings of all public and
private infrastructure improvements in accordance with the City’s Engineering Guidelines. No
securities will be fully released until all record drawings have been submitted and accepted by the City
Engineer.
23. Developer’s Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for
the City to act, and it shall not be necessary for the City to seek a court order for permission to enter
the land. When the City does any such work, the City may, in addition to its other remedies, levy the
cost in whole or in part as a special assessment against the Subject Property. Developer waives its
rights to notice of hearing and hearing on such assessments and its right to appeal such assessments
pursuant to Minnesota Statutes, Section 429.081.
24. Miscellaneous.
A. The Developer represents to the City that the development of the Subject Property, the
subdivision and the plat comply with all city, county, metropolitan, state and federal laws and
regulations including, but not limited to: subdivision ordinances, zoning ordinances and
environmental regulations. If the City determines that the subdivision, or the plat, or the
development of the Subject Property does not comply, the City may, at its option, refuse to
allow construction or development work on the Subject Property until the Developer does
comply. Upon the City’s demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
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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 property.
The Developer shall take such steps, including execution of amendments to this Agreement, as
are necessary to effect the recording hereof. After the Developer has completed the work
required of it under this Agreement, at the Developer’s request, the City will execute and deliver
to the Developer a release.
H.Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to the
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so exciting may be exercised from time to time as often and
in such order as may be deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
I.The Developer may not assign this Agreement without the written permission of the City
Council.
25.Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to
the Developer, its employees or agents, or mailed to the Developer by registered mail at the following
address:
Mr. Jonathan Aune
CalAtlantic Group, Inc.
16305 36th Ave N, Suite 600
Plymouth, MN 55446
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
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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:
Erin Fasbender, City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of _____________________, 2018,
by William H. Droste, Mayor, and Erin Fasbender, 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
CALATLANTIC GROUP, INC.
BY:
Its
BY:
Its
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _____ day of _____________________, 2017
by _______________________________________, its ____________________________________, of
CalAtlantic Group, Inc., a Delaware Corporation, on behalf of said Corporation.
Notary Public
Drafted By:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Greystone 7th Addition
March 2018
G:\ENGPROJ\2018-10 Greystone 7th\Subdivisionagreement 2018-10.docx Page 10 of 11
EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Improvements that are
outlined in the Subdivision Agreement:
Grading & Erosion Control – A restoration and erosion control bond to ensure re-vegetation and erosion
control ($3,500/acre). Note: The minimum bond amount is set at $25,000.
Pond Restoration/Erosion Control Removal – A security to allow for cleaning of sedimentation ponds
prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood
fiber blanket following development of 75 percent of adjoining lots (estimated lump sum).
Survey Monumentation – An amount equal to 110% of the cost to monument all lots within the
development.
Landscaping – An amount equal to 110% of the cost to complete the minimum required landscaping. If
additional landscaping is planned, a bond for that cost is not required.
Retaining Walls – An amount equal to 110% of the cost to complete the retaining wall construction.
Street Lighting – An amount equal to 110% of the cost to complete the minimum required lighting. If
additional lighting is planned, a bond for that cost is not required ($4,000 per light has been used to calculate
this cost).
Buffer Monumentation – An amount equal to 110% of the cost to manufacture and install the necessary
buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this
cost).
Park Equipment – An amount equal to 110% of the cost of improvements agreed upon to be completed in
the park areas.
Wetland Monitoring – An amount equal to 110% of the cost to hire a wetland specialist to monitor the
mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City.
Wetland Restoration/Mitigation – An amount equal to 110% of the cost to develop new wetlands should
the mitigation not be effective ($20,000 per acre of mitigation).
Greystone 7th Addition
March 2018
G:\ENGPROJ\2018-10 Greystone 7th\Subdivisionagreement 2018-10.docx Page 11 of 11
ATTACHMENT ONE
Greystone 7th Addition
Final Plat
Greystone 7th
EXHIBIT B (Page 1 of 2)
No.Item Cost 110%Calculation
1 Grading and Erosion Control 62,755$ 69,031$ $3500/ac x 17.93 Minimum $25,000
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 23,000$ 25,300$ $500/lot x 46 lots
4 Retaining Wall -$ -$ N/A
5 Landscaping 19,000$ 20,900$ Per City Planner
6 Street Lights 20,000$ 22,000$ 5 lights x $4000/light
7 Buffer Monumentation 900$ 990$ $50/sign x 18 signs
Total 150,655$ 165,721$
No.Item Cost
Estimated Construction Cost 883,997$
1 Engineering Review Fees 12,000$
2 Construction Monitoring Fees 132,600$
3 Design fees paid by Developer (40,000)$
4 Attorney Fees 2,500$
5 5% City Administrative Fees 44,200$
6 Street Light Energy Cost 1,440$
7 GIS Fees 2,760$
8 Trail Fog Seal -$
9 Seal Coating 9,997$
Total 165,496$
No.Item Cost
1 Storm Sewer Trunk Charge 110,046$
2 Sanitary Sewer Trunk Charge 19,275$
3 Water Trunk Charge 116,545$
4 Stormwater Ponding Fee -$
Total 245,866$
No.Item Cost
1 Park Dedication 156,400$
Total 156,400$
$60/unit x 46 units, or $120/acre
N/A
Estimate
5% of Estimated Construction Cost
5 lights x 24 months x $12/month
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
Payment received 02/15/18
$6500/acre x 17.93 acres
$1.70/SY x (1764.1 LF x 30')/9
Development Fees (trunk fees to be assessed via petition and waiver)
$3,400 per unit x 46 units
Development Fees (due with signed agreement)
Calculation
Calculation
$6865/net developable acre x 16.03 acres
$1075/acre x 17.93acres
N/A
Block Lots Units Block Lot Units SQ FT Acres
1 10 10 1 1 1 10493.000 0.241
2 7 7 1 2 1 8680.000 0.199
3 29 29 1 3 1 8680.000 0.199
1 4 1 8680.000 0.199
1 5 1 8680.000 0.199
1 6 1 8697.000 0.200
1 7 1 9906.000 0.227
Total 46 46 1 8 1 13088.000 0.300
1 9 1 10452.000 0.240
Total Plat Area =17.93 acres 1 10 1 13963.000 0.321
Total Park Area 0.00 acres 2 1 1 8795.000 0.202
Future Plat Area =0.00 acres 2 2 1 8680.000 0.199
Developable Area =17.93 acres *2 3 1 8680.000 0.199
Ponding to HWL = 1.90 acres 2 4 1 8680.000 0.199
Net Developable Area =16.03 acres 2 5 1 9005.000 0.207
2 6 1 9853.000 0.226
* Excludes future plat and park areas 2 7 1 13419.000 0.308
3 1 1 11987.000 0.275
3 2 1 10616.000 0.244
3 3 1 12512.000 0.287
3 4 1 15583.000 0.358
3 5 1 16025.000 0.368
3 6 1 40050.000 0.919
3 7 1 30612.000 0.703
3 8 1 20728.000 0.476
3 9 1 35300.000 0.810
3 10 1 29409.000 0.675
3 11 1 16332.000 0.375
3 12 1 20266.000 0.465
3 13 1 12129.000 0.278
3 14 1 9276.000 0.213
3 15 1 11265.000 0.259
3 16 1 11189.000 0.257
3 17 1 22215.000 0.510
3 18 1 18689.000 0.429
3 19 1 9095.000 0.209
3 20 1 9591.000 0.220
3 21 1 10992.000 0.252
3 22 1 15283.000 0.351
3 23 1 21642.000 0.497
3 24 1 17842.000 0.410
3 25 1 15640.000 0.359
3 26 1 16653.000 0.382
3 27 1 15464.000 0.355
3 28 1 13841.000 0.318
3 29 1 13764.000 0.316
Adan/139th 59981.000 1.377
Apollo Ct 48767.000 1.120
781169.000 17.933Total Area Check
Greystone 7th
EXHIBIT B (Page 2 of 2)
Totals
G:\ENGPROJ\2018-10 Greystone 7th\Petition and waiver 2018-10.docx
ATTACHMENT TWO
PETITION AND WAIVER AGREEMENT
This Agreement made this _____ day of _____________, 2018, by and between the CITY OF
ROSEMOUNT, a Minnesota municipal corporation (“City”), and CALATLANTIC GROUP, INC., a
Delaware Corporation (“Owner”).
WITNESSETH:
WHEREAS, the Owner is the fee owner of certain real property (the “Subject Property”)
located in the City, the legal description of which is set forth on EXHIBIT A, attached hereto and
hereby made a part hereof; and
WHEREAS, the Owner desires to have certain public improvements constructed to serve
the Subject Property generally described as Greystone 7th Addition, and as more specifically
described in EXHIBIT B, attached hereto and hereby made a part hereof (hereinafter referred to as the
“Improvement Project”); and
WHEREAS, the Owner wishes for the City to construct the Improvement Project without
notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing
on the special assessments levied to finance the Improvement Project, and to levy the cost of the
Improvement Project, estimated at $914,937, and $245,866 in public utility trunk area fees against
the Subject Property, as outlined in EXHIBIT D, attached hereto and hereby made a part hereof; and
WHEREAS, the City is willing to construct the Improvement Project in accordance with the
request of the Owner and without such notices or hearings, provided the assurances and covenants
hereinafter stated are made by the Owner to ensure that the City will have valid and collectable
special assessments as they relate to the Subject Property to finance the costs of the Improvement
Project and to pay trunk area fees; and
G:\ENGPROJ\2018-10 Greystone 7th\Petition and waiver 2018-10.docx
WHEREAS, were it not for the assurances and covenants hereinafter provided, the City
would not construct the Improvement Project or levy such assessments without such notices and
hearings and is doing so solely at the behest, and for the benefit, of the Owner.
NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1. The Owner hereby petitions the City for construction of the Improvement Project.
2. The Owner represents and warrants that it is the owner of 100 percent of the Subject
Property, that it has full legal power and authority to encumber the Subject Property as
herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject
Property, which is not subject to any liens, interests or encumbrances, except as listed on
EXHIBIT C.
3. The Owner requests that the cost of the Improvement Project be assessed against the
Subject Property. The Current estimate of the cost of the Improvement Project is
$914,937; however, the assessment will be based on the actual costs of the Improvement
Project and other City costs related to the Improvement Project that may lawfully be
assessed under Minnesota Statutes, Chapter 429. The Owner further requests that trunk
area fees for sanitary sewer, storm sewer, and water in the amount of $245,866 be
assessed against the Subject Property.
4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031,
on the Improvement Project and notice of hearing and hearing on the special assessments
levied to finance the Improvement Project and trunk area fees pursuant to Minn. Stat.
Section 429.061, and specifically requests that the Improvement Project be constructed and
special assessments levied against the Subject Property for the Improvement Project and for
trunk area fees without hearings.
5. The Owner waives the right to appeal the levy of the special assessments in accordance with
this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon
land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further
specifically agrees with respect to such special assessments against the Subject Property or
reapportionment that:
a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply
are hereby waived by the Owner;
b. The increase in fair market value of the Subject Property resulting from construction
of the Improvement Project will be at least equal to the amount specified in
G:\ENGPROJ\2018-10 Greystone 7th\Petition and waiver 2018-10.docx
paragraph 3, and that such increase in fair market value is a special benefit to the
Subject Property; and
c. Assessment of amount specified in paragraph 3 against the Subject Property is
reasonable, fair and equitable.
6. Special assessments for the Improvement Project and for trunk area fees will be levied on a
per lot basis against all lots in the plat, payable over five (5) years and bearing interest at a
rate of two points over the bond rate if bonds are issued by the City for the Improvement
Project, or two points over a current bond rate as determined by the City’s financial
consultant. To secure payments of the special assessments, the Owner will provide to the
City a letter of credit in the amount of Six Hundred Ninety-Six Thousand, Four Hundred
Eighty-Two Dollars ($696,482), which is 60% of the total assessment amount of
$1,160,803. The bank and form of the letter of credit or other security shall be subject to the
approval of the City Administrator. Such letter of credit shall be maintained in effect until
all assessments are paid in full. As assessments are paid, the letter of credit may be reduced
or replaced by substitute letters of credit, not more often than once every twelve months, to
an amount that is not less than the amount of the unpaid assessments. In the event special
assessments are not paid when due, the City may draw on the letter to pay such special
assessments. Special assessments against each lot must be paid in full prior to issuance of a
building permit for that lot.
7. Owner represents and warrants that the Subject Property is not so classified for tax purposes
as to result in deferral of the obligation to pay special assessments; and Owner agrees that it
will take no action to secure such tax status for the Subject Property during the term of this
Agreement.
8. The covenants, waivers and agreements contained in this Agreement shall bind the
successors and assigns of the Owner and shall run with the Subject Property and bind all
successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a
form that is recordable among the land records of Dakota County, Minnesota; and the
parties agree to make any changes to this Agreement that may be necessary to effect the
recording and filing of this Agreement against the title of the Subject Property.
9. This Agreement shall terminate upon the final payment of all special assessments levied
against the Subject Property regarding the Improvement Project and trunk area fees, and the
City shall thereupon execute and deliver such documents, in recordable form, as are
necessary to extinguish its rights hereunder.
G:\ENGPROJ\2018-10 Greystone 7th\Petition and waiver 2018-10.docx
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
above.
CITY OF ROSEMOUNT
By:
William Droste, Mayor
And by:
Erin Fasbender, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _____ day of ______________,
2018, by William Droste and Erin Fasbender, the Mayor and Clerk, respectively, of the City of
Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf
of the City.
Notary Public
G:\ENGPROJ\2018-10 Greystone 7th\Petition and waiver 2018-10.docx
CALATLANTIC GROUP, INC.
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of ______________,
2018, by ________________________________ its ___________________________________, of
CalAtlantic Group, Inc., a Delaware Corporation, on behalf of the Corporation.
Notary Public
G:\ENGPROJ\2018-10 Greystone 7th\Petition and waiver 2018-10.docx
EXHIBIT A
Legal Description of the Property – Final Plat
G:\ENGPROJ\2018-10 Greystone 7th\Petition and waiver 2018-10.docx
EXHIBIT B
Description of the Improvements
The following improvements, known as City Project 2018-10, shall be designed, inspected,
surveyed and administered by the City, and installed in the Subject Property by a Contractor
selected by the City through the public bidding process:
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks/Pathways
Contracts shall provide for construction in accordance with plans and specifications prepared
by the City or its consultants.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency,
Department of Health and all other agencies before proceeding with construction.
G:\ENGPROJ\2018-10 Greystone 7th\Petition and waiver 2018-10.docx
EXHIBIT C
Liens, Interests or Encumbrances
G:\ENGPROJ\2018-10 Greystone 7th\Petition and waiver 2018-10.docx
EXHIBIT D
Item Cost Calculation
Estimated Construction Cost + 10% $883,997 Construction only; does not include overhead
3.5% bond admin fee $30,940 Admin costs associated with bonding
Total Estimated Project Cost $914,937
Sanitary Sewer Trunk Charge $19,275 $1075/acre x 17.93 acres
Watermain Trunk Charge $116,545 $6500/acre x 17.93 acres
Storm Sewer Trunk Charge $110,046 $6865/net developable acre x 17.93 acres
Total Trunk Charges $245,866
Total Assessment Amount $1,160,803
7.b. Request by CalAtlantic Group Inc., for Final Plat Approval of Greystone 7th Addition. (18-12-FP)
Planner Nemcek gave a brief summary of the staff report for the Planning Commission.
Commissioner Clements questioned if the conservation easements are put into place so that the homeowner cannot
landscape in them. Nemcek confirmed.
Commissioner Freeman questioned why the developer would choose to put an easement into place instead of putting an
outlot in that area. Nemcek stated that it is the City’s preference to not own an outlot.
MOTION by VanderWiel to recommend that the City Council approve the Final Plat for Greystone 7th
Addition, subject to the following conditions:
1. Execution of a Subdivision Agreement.
2. 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.
3. Provision of $156,400 for Fee-in-Lieu of Park Dedication.
4. Provision of $19,000 for Landscaping Surety.
5. Compliance with the conditions and standards within the City Engineer’s Memorandum dated
February 22, 2018.
Second by Clements.
Ayes: 5. Nays: 0. Motion Passes.
Greystone III
Property Information
Febru ary 23, 2018
0 875 1,750437.5 ft
0 270 540135 m
1:9,600
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
MEMORANDUM
DATE: February 22, 2018
TO: Kim Lindquist, Community Development Director
CC: Anthony Nemcek, Planner
Brian Erickson, Director of Public Works/City Engineer
Stacy Bodsberg, Planning & Personnel Secretary
FROM: Mitch Hatcher, Project Engineer
RE: Greystone 7th Addition Engineering Review
SUBMITTAL:
Prepared by Pioneer Engineering, dated June 28, 2016, revised December 18, 2017. The following
review comments were generated from the following documents included in the submittal:
Final Grading Plan comprised of the following:
▫ Grading Plan
▫ Erosion Control
▫ Details
▫ Landscape and Seeding Plan
Greystone 7th Addition Final Plat
Stormwater Management Plan and Calculations
GENERAL COMMENTS:
1. The development fees below are estimated based on the current Schedule of Rates and Fees.
These fees are due with the final plat and subdivision agreement.
Sanitary Sewer Trunk Charge: $1075/acre
Watermain Trunk Charge: $6500/acre
Storm Sewer Trunk Charge: $6865/acre
1. Conservation easements are required over all 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.
2. Drainage and utility easements are required on all property lines and over proposed storm
sewer and drainage and emergency overflow routes. The width of drainage and utility
easements over all public utilities will be verified during final design.
3. All work occurring within the Great River Energy easement or Xcel Energy easement shall
be by agreement or permit with the easement owner.
4. An Enterprise Pipeline runs through the development. A permit/agreement is required
between the developer and Enterprise Pipeline for all crossings, grading, and construction
activity.
5. The developer is required to obtain a NPDES Construction Stormwater Permit and provide
a copy of the approved SWPPP to the City prior to the issuance of a grading permit and
start of any construction activity.
STORMWATER COMMENTS:
6. Offsite storm sewer locations and information should be shown on the utility plan. Storm
sewer draining into Outlot A and Wetland B from previous phases of Greystone are missing.
7. Outlet elevations for OCS (sluice gate inverts) should be set at the infiltration/NWL to allow
basins to drain down to the NWL with the gate open.
8. Lining of NURP ponding areas is not required by the City; however, the developer may want
to consider this as ponding areas will likely not maintain vegetation below the NWL.
9. A post-construction percolation test must be performed on each infiltration basin to
demonstrate that the constructed infiltration rate meets or exceeds the design infiltration rate
prior to project acceptance by the City.
10. Storm sewer is proposed along the side and back lot lines of many 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.
Should you have any questions or comments regarding the items listed above, please contact me at
651-322-2015.
MEMORANDUM
To: Kim Lindquist, Community Development Director
Kyle Klatt, Senior Planner
Anthony Nemcek, Planner
Brian Erickson, City Engineer/Public Works Director
Mitch Hatcher, Project Engineer
From: Dan Schultz, Parks and Recreation Director
Date: February 21, 2018
Subject: Greystone Seventh Addition – Final Plat
The Parks and Recreation Department recently received a final plat for the Greystone Seventh
Addition. After reviewing the plat, the Parks and Recreation Department staff has the following
comments:
Parks Dedication
Because the City accepted land for a public park in a previous Greystone phase of development,
staff is recommending that the City collect $156,400 (46 units x 3,400/per unit) to satisfy the parks
dedication requirement for the Greystone Seventh Addition.
Please let know if you have any questions about this memo.