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HomeMy WebLinkAbout06.p. Request by Lennar for Final Plat Approval of Meadow Ridge 1st Addition EXECUTIVE SUMMARY City Council Regular Meeting: June 19, 2018 AGENDA ITEM: Request by Lennar for Final Plat Approval of Meadow Ridge 1st Addition AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO.: 6.p. ATTACHMENTS: Resolution; Subdivision Agreement; Excerpt from the May 22, 2018, Planning Commission Meeting; Site Location; Final Plat; Preliminary Plat; Grading Plan; Engineer’s Memo dated May 17, 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 Meadow Ridge 1st Addition Subject to Conditions. 2) Motion to Approve the Subdivision Development Agreement for Meadow Ridge 1st Addition and Authorizing the Mayor and City Clerk to Enter Into This Agreement. SUMMARY Applicant: Lennar Corporation Comp. Guide Plan Designation: LDR – Low Density Residential Current Zoning: R-1-PUD Low Density Residential with the Meadow Ridge Planned Unit Development Gross Area: 43.0408 Acres Net Area: 12.5928 Acres Lots/Units: 34 Single Family Lots Gross Density: 0.79 units/acre Net (Met Council) Density: 2.70 units/acre The Council is being asked to consider a Final Plat request from Lennar Corporation for Meadow Ridge 1st Addition to allow development of 34 single-family lots. The final plat is necessary to facilitate subdivision of the property into individual residential lots, outlots, and public streets. Staff finds the application consistent with the Meadow Ridge preliminary plat and recommends approval of this application subject to the conditions listed above. 2 PLANNING COMMISSION REPORT The Planning Commission reviewed this item at their May 22, 2018, meeting. The commission asked for clarification on how the Meadow Ridge 1st Addition would impact the development of adjacent properties, particularly with regard to the provision of sewer and water services. Staff responded that utility plans take into account future growth in areas that have been planned to receive urban services. A similar question was asked regarding the location of parks that would serve this development. Finally, the commission inquired about the costs of the temporary lift station and which entity would responsible for them. Staff responded that the cost of the installation and removal of the temporary lift station would be borne by the developer. BACKGROUND The Planning Commission recommended approval of a preliminary plat and planned unit development (PUD) master development plan for Meadow Ridge to allow 154 lots on 79.52 acres at its January 23, 2018, meeting. The City Council approved the preliminary plat and PUD plans in February. The first phase of development is located in the southern portion of the site that is able to be served by gravity sewer. A temporary lift station will be necessary for the development of the northern portions of the site. The first phase of development will be accessed from Akron Avenue by a short section of 127th Street constructed with this phase of development. The final plat also includes outlots over both the wetland on the western boundary of the Meadow Ridge subdivision and the over location of future phases of development. 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 34 lot single family development is consistent with the land use and zoning classifications for the project area. The subject property is guided LDR – Low Density Residential and zoned R-1, Low Density Residential with the Meadow Ridge Planned Unit Development (PUD). 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 PUD. The Meadow Ridge PUD included several deviations from the base R-1 zoning; the most notable include the following: 1. Section 11-4-5 F. 1. R-1 Minimum Lot Area: The minimum lot area shall be 7,800 square feet. 2. Section 11-4-5 F. 2. R-1 Minimum Lot Width: The minimum lot width shall be 65 feet. 3. Section 11-4-5 F. 4. R-1 Minimum Front Yard Setback: The minimum front yard setback shall be 25 feet. 4. Section 11-4-5 F. 5. R-1 Minimum Side Yard Setback: The minimum side yard setback shall be 7.5 feet. 5. Section 11-4-5 F. 9. R-1 Maximum Lot Coverage: The maximum lot coverage shall be forty-five percent (45%) for lots less than 8,250 square feet in size, forty percent (40%) for lots between 8,250 square feet and 9,750 square feet, thirty-five percent (35%) for lots between 9,750 square feet and 11,250 square feet. The maximum lot coverage for lots over 11,250 shall remain at the R-1 standard of thirty percent (30%). Comparison of Lot Requirements and Standards 3 Category Standard R-1 Zoning Cliff Property Greystone Falmoor Glen Min. Lot Size 10,000 sq. ft. 7,800 sq. ft. 8,600 sq. ft. 8,970 sq. ft. Min. Lot Width 80 ft. 65 ft. 60 ft. 65 ft. Min. Front Yard Setback 30 ft. 25 ft. 25 ft. 25 ft. Min. Side Yard Setback 10 ft. 7.5 ft. 7.5 ft. 7.5 ft. Min. Rear Yard Setback 30 ft. 30 ft. 25 ft. 25 ft. Max. Lot Coverage 30% 30% to 45%a 35% to 40% 35% to 43% a. A maximum lot coverage of forty-five percent (45%) for lots less than 8,250 square feet in size, forty percent (40%) for lots between 8,250 square feet and 9,750 square feet, thirty-five percent (35%) for lots between 9,750 square feet and 11,250 square feet. Overall, the final plat conforms to either the R-1 district standards and the Meadow Ridge PUD requirements, with the smallest lot within the project phase at 7,800 square feet and the width of the narrowest lot at 65 feet. Many of the other standards are enforced at the building permit stage when an individual site survey is reviewed by the City. 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 Preliminary and Final Plat process for land subdivision. In this case, the preliminary plat was approved by Council on March 20, 2018, consisting of 154 single-family lots. The current application proposes to plat 34 single-family lots for Meadow Ridge 1st Addition, four outlots, and to dedicate the easements necessary to construct the storm water retention area within the southern portion of the overall development area. Two of the outlots, Outlot A encompassing the delineated wetland near the western boundary of the development area and Outlot B over the right-of-way area for 127th Street, will be transferred to the city. Outlots C and D will be will be platted into single-family lots as future phases of Meadow Ridge develop. Parks and Open Space. The Meadow Ridge 1st Addition creates 34 buildable lots from 12.59 acres. No parks are proposed within the Meadow Ridge development area; therefore, staff is recommending the developer pay cash in lieu of land to fulfill the parks dedication requirement. The total amount to be provided is $115,600 (34 units’ x $3,400 per unit). Engineering. The lots created by the final plat are all able to be served by gravity sewer. Future phases on the northern portion of the overall development area will necessitate the installation of a temporary lift station to serve those future lots. The developer is responsible for a portion of the improvements to Akron Avenue. For this phase, that amounts to $55,881.38. An engineer’s memo dated May 17, 2018, containing the City’s project engineer’s comments is included as an attachment. RECOMMENDATION The Planning Commission and staff recommend approval of the final plat, subject to conditions, based on the information provided by the applicant and reviewed within this report. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-52 A RESOLUTION APPROVING THE FINAL PLAT FOR MEADOW RIDGE 1ST ADDITION WHEREAS, Lennar Corporation (Applicant) has submitted an application to the City of Rosemount for a Final Plat concerning property legally described as follows: All that part of the East Half of the Southwest Quarter of Section 15, Township 115, Range 19, Dakota County, Minnesota lying southerly of the following described line: Commencing at the southwest corner of said East Half of the Southwest Quarter, thence on an assumed bearing of North 00 degrees 17 minutes 26 seconds East, along the west line of said East Half, a distance of 1503.99 feet to the point of beginning; thence South 89 degrees 42 minutes 34 seconds East, a distance of 215.00 feet; thence easterly a distance of 213.85 feet, along a tangential curve concave to the south having a radius of 715.00 feet and a central angle of 17 degrees 08 minutes 11 seconds; thence South 72 degrees 34 minutes 23 seconds East tangent to said curve, a distance of 437.08 feet; thence southeasterly a distance of 189.87 feet, along a tangential curve concave to the northeast having a radius of 635.00 feet, and a central angle of 17 degrees 07 minutes 55 seconds; thence South 89 degrees 42 minutes 18 seconds East tangent to said curve, a distance of 301.39 feet to the east line of said East Half of the Southwest Quarter and there terminating. WHEREAS, on May 22, 2018, the Planning Commission of the City of Rosemount reviewed the Final Plat for Meadow Ridge 1st Addition; and WHEREAS, on May 22nd, 2018, the Planning Commission recommended approval of the Final Plat for Meadow Ridge 1st Addition, subject to conditions; and WHEREAS, on June 19th, 2018, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendations and the Final Plat for Meadow Ridge 1st Addition. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Final Plat for Meadow Ridge 1st 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.Conservation easements shall be recorded over all wetlands, wetland buffers, stormwater ponds and stormwater buffer strips. Fences are not allowed in the conservation easements. 4.Outlot A shall be transferred to the City upon recording of the final plat with the County. 5. Provision of $33,330 for Landscaping Surety. 6. Provision of $115,600 for Fee-in-Lieu of Park Dedication. 7.Payment of $55,881.38 for developer’s share of Akron Avenue improvement. 8.Compliance with the conditions and standards within the City Engineer’s Memorandum dated May 17, 2018. RESOLUTION 2018-52 2 ADOPTED this 19th day of June 2018, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Jeff May, Deputy City Clerk Meadow Ridge 1st Addition May / 2018 G:\ENGPROJ\2018-08 Meadow Ridge\Subdivisionagreement 2018-08.docx SUBDIVISION AGREEMENT Meadow Ridge 1st Addition AGREEMENT dated this ________ day of ________________________, 2018, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and US HOME CORPORATION, INC., a Delaware company, (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 Meadow Ridge 1st Addition, which land is legally described on ATTACHMENT ONE, attached hereto and hereby made a part hereof (hereinafter referred to as the “subject property”). 2.Conditions of Plat Approval. The City has approved the subdivision and the plat on the following conditions: a.Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities. b.Execution of a Subdivision or Development Agreement to secure the public and private improvements. c.Payment of all applicable fees including G.I.S., Park Dedication and other fees identified in the current fee schedule. d.Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. e.Payment of $55,881.38 for the Developer’s share of Akron Avenue improvements, as indicated on ATTACHMENT TWO. 3.Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Subdivision Agreements for such phases are approved by the City. 4.Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. Meadow Ridge 1st Addition May / 2018 G:\ENGPROJ\2018-08 Meadow Ridge\Subdivisionagreement 2018-08.docx 5. Development Plans. The subject property shall be developed in accordance with the following plans, specifications and contract documents, original copies of which are on file with the City Engineer. The plans and contract documents 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 All Improvements, including Developer Improvements and City-Installed Public Infrastructure Improvements (if any) that lie within the public right-of-way or easements and are improvements listed in Minnesota Statutes, Section 429.021 (hereinafter Public Improvements) will be designed by the City Engineer at Developer’s expense. The City Engineer will prepare plans and specifications for Public Improvements and will perform all construction administration for the Public Improvements, all at Developer expense. Construction administration includes but is not limited to inspection, documentation, as-builts, surveying, field staking, testing and monitoring. 6. Installation by Developer. The Developer shall install or cause to be installed and pay for the following, hereinafter referred to as the “Developer Improvements”: A. Surveying and staking B. Surface improvements (paved streets, sidewalks, trails, etc.) C. Water main improvements, including the extension of water main along Akron Avenue to serve the subject property D. Sanitary sewer improvements, including the extension of sanitary sewer main along Akron Avenue to serve the subject property E. Storm sewer improvements F. Setting of lot and block monuments G. Gas, electric, telephone, and cable lines H. Site grading I. Landscaping J. Streetlights K. 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 that will serve the subject property by December 31, 2018, subject to delays due to inclement weather, casualty, labor strikes, material shortages, or other force majeure not within the Meadow Ridge 1st Addition May / 2018 G:\ENGPROJ\2018-08 Meadow Ridge\Subdivisionagreement 2018-08.docx 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. City-Installed Public Infrastructure. The following improvements, hereinafter referred to as “City- Installed Public Infrastructure Improvements” (known as City Project 2018-14), shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property at Developer expense by a Contractor selected by the City through the public bidding process: A. None 9. [This Section Intentionally Left Blank] 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 deposit or irrevocable letter of credit from a local bank (“security”) in the amount of Two Million, One Hundred Forty Thousand, Nine Hundred Forty-Two Dollars ($2,140,942). The amount of the security was calculated as follows: Cost 110% Grading & Erosion Control $67,515 $74,267 Pond Restoration and Erosion Control Removal $25,000 $27,500 Survey Monumentation $17,000 $18,700 Landscaping (101 trees) $30,300 $33,330 Street Lighting (6 lights) $24,000 $26,400 Buffer Monumentation (18 signs) $900 $990 Cost 125% Surface Improvements $528,820 $661,025 Water Main Improvements $403,299 $504,124 Sanitary Sewer Improvements $340,302 $425,378 Storm Sewer Improvements $295,383 $369,229 Total $1,732,519 $2,140,942 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 all terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw on the letter of credit and take such steps as it deems necessary to remedy the default. With City approval, the letter of credit may be reduced from time to time as financial obligations are paid and Developer Improvements and other Developer obligations are completed to the City’s requirements. 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 Meadow Ridge 1st Addition May / 2018 G:\ENGPROJ\2018-08 Meadow Ridge\Subdivisionagreement 2018-08.docx satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the development to the City as the site grading is completed by phase, with street and lot grades. If the installation of utilities by the City is occurring simultaneously with the grading, the utility contractor shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected. All improvements to the lots and the final grading shall comply with the grading plan 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. Such license shall terminate as to all single-family residential lots within the subject property upon acceptance by the City of the 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. After a 24-hour verbal or written notice to the Developer, the City will complete or contract to complete the clean-up at the Developer’s expense in accordance with the procedures specified in Paragraph 13. The Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of erosion/siltation and restore to the original condition at the end of home construction within this development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit A. 16.Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the Public Improvements lying within public rights-of-way and easements Meadow Ridge 1st Addition May / 2018 G:\ENGPROJ\2018-08 Meadow Ridge\Subdivisionagreement 2018-08.docx shall become City property without further notice or action unless the improvements are specifically identified herein 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 that the City may pay or incur in consequence of such claims, including attorney’s fees. C.The Developer shall reimburse the City for costs incurred in the preparation and enforcement of this Agreement, including engineering and attorney’s fees. Upon request, the City shall provide invoices, in reasonable detail, as to any such fees. The remaining estimated City fees of $264,333 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: $10,000 Engineering Review Fees $195,976 Construction Monitoring Fees (12.5%) ($40,000) Design Fees Paid To-Date (received 04/27/18) $3,000 Attorney Fees $78,390 5% City Fees (based on engineer’s estimate of $1,567,804) $1,728 Street Light Energy Cost $2,040 GIS Fees $880 Trail Fog Sealing $12,319 Seal Coating $264,333 Total Amount Due Meadow Ridge 1st Addition May / 2018 G:\ENGPROJ\2018-08 Meadow Ridge\Subdivisionagreement 2018-08.docx If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City within ten (10) days of the request. If actual City fees are lower than this estimate, any surplus funds will be returned to the developer when the project fund is reconciled and closed. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits for lots that the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%) per year. E. The Developer shall pay all energy costs for street lights installed within the Subject Property for 24-months at a cost of $30/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 will 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 this agreement by the City: A. Park dedication fees in the amount of $115,600.00 B. Storm Sewer Trunk Area Charges in the amount of $90,892.60 C. Sanitary Sewer Trunk Area Charges in the amount of $20,736.75 D. Watermain Trunk Area Charges in the amount of $40,245.00 (includes $85,140 credit for oversizing costs covered by City, as calculated in ATTACHMENT THREE) E. Developer share of Akron Avenue improvements in the amount of $55,881.38 Or other amounts for such fees as in effect at the time of plat approval. 20.The Developer understands that builders will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of building permits. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. The fees, charges, and assessments in effect as of the date of this agreement are: A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $2,485). B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single family currently at $770; multi-family currently at $290 per housing unit). C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200/SAC unit). D. Water Availability Charges per SAC unit (currently at $2,400/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. Meadow Ridge 1st Addition May / 2018 G:\ENGPROJ\2018-08 Meadow Ridge\Subdivisionagreement 2018-08.docx 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 without prior authorization from the City Building Official 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, draw on the letter of credit or other security described in section 10, or levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 24.Miscellaneous. A.The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision, or the plat, or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. B.Third parties shall have no recourse against the City under this Agreement. C.Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D.If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E.If building permits are issued prior to the completion and acceptance of Public Improvements, the Developer assumes all liability and costs resulting in delays in completion of Public Meadow Ridge 1st Addition May / 2018 G:\ENGPROJ\2018-08 Meadow Ridge\Subdivisionagreement 2018-08.docx Improvements and damage to Public Improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land and may be recorded against the title to the subject property. The Developer shall take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Agreement, at the Developer’s request, the City will execute and deliver to the Developer a release. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. The Developer may not assign this Agreement without the written permission of the City Council. 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: MN Land Division U.S. Home Corporation 16305 36th Avenue North, 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 Meadow Ridge 1st Addition May / 2018 G:\ENGPROJ\2018-08 Meadow Ridge\Subdivisionagreement 2018-08.docx 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: Jeff May, Deputy 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 Jeff May, Deputy 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 US HOME CORPORATION, INC. BY: Its STATE OF MINNESOTA ) ) SS COUNTY OF _____________) The foregoing instrument was acknowledged before me this day of ______________________, 2018 by __ _, its __________________________, of US Home Corporation, Inc., a Delaware company, on behalf of said company. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Meadow Ridge 1st Addition May / 2018 G:\ENGPROJ\2018-08 Meadow Ridge\Subdivisionagreement 2018-08.docx EXHIBIT A The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined in the Subdivision Agreement: Grading & Erosion Control – A restoration and erosion control bond to ensure re-vegetation and erosion control ($3,500/acre). Note: The minimum surety amount is set at $25,000. Pond Restoration/Erosion Control Removal – A security to allow for cleaning of sedimentation ponds prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood fiber blanket following development of 75 percent of adjoining lots (estimated lump sum). Survey Monumentation – An amount equal to 110% of the cost to monument all lots within the development. Landscaping – An amount equal to 110% of the cost to complete the minimum required landscaping. If additional landscaping is planned, a surety for that cost is not required. Retaining Walls – An amount equal to 110% of the cost to complete the retaining wall construction. Street Lighting – An amount equal to 110% of the cost to complete the minimum required lighting. If additional lighting is planned, a surety for that cost is not required ($4,000 per light has been used to calculate this cost). Buffer Monumentation – An amount equal to 110% of the cost to manufacture and install the necessary buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this cost). Park Equipment – An amount equal to 110% of the cost of improvements agreed upon to be completed in the park areas. Wetland Monitoring – An amount equal to 110% of the cost to hire a wetland specialist to monitor the mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City. Wetland Restoration/Mitigation – An amount equal to 110% of the cost to develop new wetlands should the mitigation not be effective ($20,000 per acre of mitigation). Meadow Ridge EXHIBIT B (Page 1 of 2) No.Item Cost 110%Calculation 1 Grading and Erosion Control 67,515$ 74,267$ $3500/ac x 19.29 acres, Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 17,000$ 18,700$ $500/lot x 34 lots 4 Retaining Wall -$ -$ N/A 5 Landscaping 30,300$ 33,330$ Per City Planner (101 trees x $300) 6 Street Lights 24,000$ 26,400$ 6 lights x $4000/light 7 Buffer Monumentation 900$ 990$ 18 signs x $50/sign 8 Surface Improvements 528,820$ 661,025$ 125% 9 Water Main Improvements 403,299$ 504,124$ 125% (does not include oversizing) 10 Sanitary Sewer Improvements 340,302$ 425,378$ 125% 11 Storm Sewer Improvements 295,383$ 369,229$ 125% Total 1,732,519$ 2,140,942$ No.Item Cost Estimated Construction Cost 1,567,804$ 1 Engineering Review Fees 10,000$ 2 Construction Monitoring Fees $ 195,976 Design Fees Paid by Developer (40,000)$ 3 Attorney Fees 3,000$ 4 5% City Administrative Fees 78,390$ 5 Street Light Energy Cost 1,728$ 6 GIS Fees 2,040$ 7 Trail Fog Seal 880$ 8 Seal Coating 12,319$ Total $ 264,333 No.Item Cost 1 Storm Sewer Trunk Charge 90,892.60$ 2 Sanitary Sewer Trunk Charge 20,736.75$ 3 Water Trunk Charge 40,245.00$ 4 Stormwater Ponding Fee -$ 5 Cash deposit for Akron Ave Improvements 55,881.38$ 6 Park Dedication 115,600.00$ Total 323,355.73$ $6500/acre x 19.29 acres = $125,385 minus $85,140 for water main oversizing for the City ($85,140 includes 20% overhead) $1.70/SY x 7246.63 SY Development Fees (due before signed plat is released) 34 units x $3,400/unit See Attachment Two 12.5% 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 (04/27/18) Calculation $6865/net developable acre x 13.24 acres $1075/acre x 19.29 acres N/A Estimate 5% of Estimated Construction Cost 6 lights x 24 months x $12/month $60/unit x 34 units, or $120/acre $0.20/SF x 4400 SF Block Lots Units Block Lot Units SQ FT Acres 1 21 21 1 1 1 24095 0.553 2 8 8 1 2 1 16486 0.378 3 5 5 1 3 1 18504 0.425 1 4 1 26665 0.612 1 5 1 13122 0.301 1 6 1 10720 0.246 Total 34 34 1 7 1 21228 0.487 1 8 1 23713 0.544 Total Plat Area =43.04 acres 1 9 1 22766 0.523 Total Park Area 0.00 acres 1 10 1 12421 0.285 Future Plat Area =23.75 acres 1 11 1 9647 0.221 Developable Area =19.29 acres *1 12 1 13407 0.308 Ponding to HWL = 6.05 acres 1 13 1 10964 0.252 Net Developable Area =13.24 acres 1 14 1 10045 0.231 1 15 1 8485 0.195 * Excludes future plat and park areas 1 16 1 7891 0.181 1 17 1 8674 0.199 1 18 1 10235 0.235 1 19 1 13047 0.300 1 20 1 9685 0.222 1 21 1 8396 0.193 2 1 1 64254 1.475 2 2 1 33732 0.774 2 3 1 19051 0.437 2 4 1 12973 0.298 2 5 1 12973 0.298 2 6 1 12973 0.298 2 7 1 19313 0.443 2 8 1 24755 0.568 3 1 1 12854 0.295 3 2 1 8589 0.197 3 3 1 7800 0.179 3 4 1 7928 0.182 3 5 1 11157 0.256 Outlot A 49829 1.144 Outlot B 61417 1.410 Outlot C 498837 11.452 Outlot D 474276 10.888 ROW 241959 5.555 Total Boundary 1874867 43.041 Meadow Ridge EXHIBIT B (Page 2 of 2) Totals Meadow Ridge 1st Addition May / 2018 G:\ENGPROJ\2018-08 Meadow Ridge\Subdivisionagreement 2018-08.docx ATTACHMENT ONE Meadow Ridge 1st Addition Final Plat CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS Meadow Ridge 1st Addition May / 2018 G:\ENGPROJ\2018-08 Meadow Ridge\Subdivisionagreement 2018-08.docx ATTACHMENT TWO Akron Avenue Improvements – Developer Cost Developer Share (per engineer’s estimate) $253,110 Total Number of Lots 154 Cost Per Lot $1,643.57 Meadow Ridge 1st Addition (34 lots) $55,881.38 Meadow Ridge Future Phases (120 lots) $197,228.40 Meadow Ridge 1st Addition May / 2018 G:\ENGPROJ\2018-08 Meadow Ridge\Subdivisionagreement 2018-08.docx ATTACHMENT THREE WATER MAIN OVERSIZING 2504.602 12" GATE VALVE AND BOX (OVERSIZING 8” to 12”) EACH 7 $1,500.00 $10,500.00 2504.603 12" WATER MAIN-DUCT IRON CL 52 (OVERSIZING 8” to 12”) LIN FT 3,000 $18.00 $54,000.00 Total - Water Main Oversizing $64,500.00 + 10% Contingencies $6,450.00 Construction Total $70,950.00 Oversizing Construction with 20% overhead $85,140.00 5.a. Request by Lennar Co., for the Final Plat Approval of Meadow Ridge 1st Addition. (18-26-FP) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Commissioner Reed questioned what the park plan would be for that area. Nemcek stated that according to the City’s Comprehensive Park Plan, a park is proposed for the area to the west of this site. Reed inquired if the temporary lift station costs would be borne by the developer. Nemcek stated that they will be covered by the developer. MOTION by Reed to recommend that the City Council approve the Final Plat for Meadow Ridge 1st 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.Conservation easements shall be recorded over all wetlands, wetland buffers, stormwater ponds and stormwater buffer strips. Fences are not allowed in the conservation easements. 4.Outlot A shall be transferred to the City upon recording of the final plat with the County. 5.Provision of $33,330 for Landscaping Surety. 6.Provision of $115,600 for Fee-in-Lieu of Park Dedication 7.Payment of $55,881.38 for developer’s share of Akron Avenue improvement. 8.Compliance with the conditions and standards within the City Engineer’s Memorandum dated May 17, 2018. Second by Freeman. Ayes: 4. Nays: 0. Motion Passes. CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS OUTLOT A OUTLOT C OUTLOT D 01-ENG-117254-SHEET-GRAD 3GRADING PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 11OFMEADOW RIDGE 1ST ADDITION ROSEMOUNT, MINNESOTA LENNAR 16305 36TH AVENUE NORTH 04-12-2018 BNM/PJC BNM/MSN Name Reg. No.Date Revisions 1. 01-19-18 City Comments Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 19860 04-12-2018 Paul J. Cherne PLYMOUTH, MINNESOTA 55446 POND 100 WETLAND B POND 300 OUTLOT A OUTLOT C OUTLOT C OUTL O T B 01-ENG-117254-SHEET-GRAD 4GRADING PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 11OFMEADOW RIDGE 1ST ADDITION ROSEMOUNT, MINNESOTA LENNAR 16305 36TH AVENUE NORTH 04-12-2018 BNM/PJC BNM/MSN Name Reg. No.Date Revisions 1. 01-19-18 City Comments Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 19860 04-12-2018 Paul J. Cherne PLYMOUTH, MINNESOTA 55446 MEMORANDUM DATE: May 17, 2018 TO: Anthony Nemcek, Planner CC: Kim Lindquist, Community Development Director Brian Erickson, Director of Public Works/City Engineer Stacy Bodsberg, Planning & Personnel Secretary FROM: Mitch Hatcher, Project Engineer RE: Meadow Ridge 1st Addition – Final Plat Review SUBMITTAL: Prepared by Pioneer Engineering, Meadow Ridge, dated April 12, 2018, The following review comments were generated from the following documents included in the submittal:  Final Plat  1st Addition Grading Plans  Approved Preliminary Plans  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 2. The developer shall be responsible for a pro-rated share of the future cost associated with the improvement of Akron Avenue. The front-foot rate is $110/FF. This is an equivalent front-foot rate for one-half the cost of a 36-foot wide urban section road. Based on a calculated front-footage of 2,301 feet, the cash payment to be collected at the time of final plat(s) $253,110 ($253,110/154 lots = $1,643.57/lot). For Meadow Ridge 1st Addition a total of $55,881.38 will be collected for the 34 lots being final platted. 3. Dakota County is currently working on the design for the improvements of Akron Avenue adjacent to the property. Grading and utility work near Akron Avenue will need further coordination with the county as both project move forward in design and construction. 4. 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. 5. The developer is required to coordinate with the gas pipeline owners to obtain all permits and agreements for grading and utility work within the pipeline easement areas. Copies of all agreements shall be submitted to the City prior to construction. 6. More information regarding the gas pipelines and easements are required on the plan. Contact information, pipeline sizes and material, and warnings should be shown. The developer is required to meet the plan requirements of the gas pipeline owners. 7. Pothole elevations shall be provided during final design at each gas pipeline crossing location to verify the improvements can be constructed as proposed. 8. 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 start of any construction activity. STORMWATER COMMENTS: The below comments are still outstanding from the preliminary plat review in March 2018. 9. Storm sewer pipe design has been received and appears to meet the city standards and Engineering Guidelines. 10. Stormwater water quality appears to be consistent with requirements in the Engineering Guidelines and the Stormwater Management Plan. 11. Update the narrative to match the HydroCAD model in in the basin summary table for the 100-yr and 10-day ac*ft storage. 12. Ponds 100, 200, and 300 all retain the 100-yr storm volume. Verify the drainage areas match what is shown in the HydroCAD model. 13. Update the narrative to document the reasoning for the infiltration rates used for each of the basins. 14. The City is looking for a site summary of onsite drainage retained, on site drainage that drains off site, and offsite drainage that is retained in the site. The table given in the narrative will not suffice as not all drainage areas are included. 15. The comparison of pre and post development runoff volume to Wetland B and E in the narrative does not match the HydroCAD model. 16. 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. STREET & UTILITY COMMENTS: 17. The City and Developer will share costs associated with the extension of trunk watermain from the existing location within Akron Avenue through the Meadow Ridge property. The developer will be responsible for the equivalent cost of lateral 8-inch DIP watermain. The construction cost for over-sizing will be a city trunk fund expenditure. The final costs and funding for these improvements will be detailed in the subdivision agreements at the time of final plat. 18. Sanitary sewer and watermain extensions are required to be extended to serve the existing properties at 12523, 12605, 12637 Akron Avenue. Service should be installed such that all properties could potentially connect or develop independently. Updated plans will need to be submitted for review. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015.