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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. 2 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 3 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 Greystone 7th Addition March 2018 G:\ENGPROJ\2018-10 Greystone 7th\Subdivisionagreement 2018-10.docx Page 1 of 11 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 Greystone 7th Addition March 2018 G:\ENGPROJ\2018-10 Greystone 7th\Subdivisionagreement 2018-10.docx Page 2 of 11 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: Greystone 7th Addition March 2018 G:\ENGPROJ\2018-10 Greystone 7th\Subdivisionagreement 2018-10.docx Page 3 of 11 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 Greystone 7th Addition March 2018 G:\ENGPROJ\2018-10 Greystone 7th\Subdivisionagreement 2018-10.docx Page 4 of 11 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. Greystone 7th Addition March 2018 G:\ENGPROJ\2018-10 Greystone 7th\Subdivisionagreement 2018-10.docx Page 5 of 11 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: Greystone 7th Addition March 2018 G:\ENGPROJ\2018-10 Greystone 7th\Subdivisionagreement 2018-10.docx Page 6 of 11 $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). Greystone 7th Addition March 2018 G:\ENGPROJ\2018-10 Greystone 7th\Subdivisionagreement 2018-10.docx Page 7 of 11 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. Greystone 7th Addition March 2018 G:\ENGPROJ\2018-10 Greystone 7th\Subdivisionagreement 2018-10.docx Page 8 of 11 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 Greystone 7th Addition March 2018 G:\ENGPROJ\2018-10 Greystone 7th\Subdivisionagreement 2018-10.docx Page 9 of 11 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.