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HomeMy WebLinkAbout6.i. Request by US Home Corporation for Final Plat Approval of Greystone 8th Addition EXECUTIVE SUMMARY City Council Meeting: November 20, 2018 AGENDA ITEM: Request by US Home Corporation for Final Plat Approval of Greystone 8th Addition AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.i. ATTACHMENTS: Resolution; Subdivision Agreement, Site Location; Final Plat; Preliminary Plat; Grading Plan; Engineer’s Memo dated October 18, 2018; Parks and Recreation Memo dated October 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 Greystone 8th Addition subject to conditions. 2) Motion to Approve the Subdivision Development Agreement for Greystone 8th Addition and Authorizing the Mayor and City Clerk to enter into this Agreement. SUMMARY Applicant: US Home Corporation 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: 28.0872 Acres Net Area: 28.0872 Acres Lots/Units: 56 Single Family Lots Gross Density: 1.99 units/acre Net (Met Council) Density: 1.99 units/acre The applicant, US Home Corporation, requests approval of a final plat for Greystone 8th Addition to allow development of 56 single family lots. The final plat is necessary to facilitate subdivision of the subject property into individual residential lots, an outlot, and public streets. This is the final phase of the Greystone development. 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. Planning Commission Action The Planning Commission unanimously approved the final plat of Greystone III 8th Addition as part of the consent agenda at its regular meeting on October 23rd, 2018. 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. 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 56 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 56 lots for the construction of single family homes, and one outlot in the south east corner of the site over the location of a regional stormwater pond. Parks and Open Space. The Greystone 8th Addition creates 56 buildable lots from 28.1 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 $190,400 (56 units x $3,400 per unit). Engineering Comments. The Assistant City Engineer has provided comments in the attached memorandum dated October 18, 2018. These are consistent with previous reviews, dealing primarily with stormwater issues which will be addressed with final grading plans. CONCLUSION AND RECOMMENDATION 3 The Planning Commission and staff recommend approval of the Final Plat for Greystone III 8th Addition creating 56 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 8TH ADDITION WHEREAS, US Home Corporation (Applicant) has submitted an application to the City of Rosemount (City) for a Final Plat concerning property legally described as follows: Outlot A, GREYSTONE 7TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota WHEREAS, on October 23, 2018, the Planning Commission of the City of Rosemount reviewed the Final Plat for Greystone 8th Addition; and WHEREAS, on October 23, 2018, the Planning Commission recommended approval of the Final Plat for Greystone 8th Addition, subject to conditions; and WHEREAS, on November 20th, 2018, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendations and the Final Plat for Greystone 8th Addition; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Final Plat for Greystone 8th 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 and wetland buffers. Fences are not allowed in the conservation easements. Conservation easements shall be marked with signage indicating the boundaries of the easement. A copy of the recorded easement shall be provided to the City for the files. 4. Provision of $190,400 for Fee-in-Lieu of Park Dedication. 5. Provision of $37,290 for Landscaping Surety. 6. Compliance with the conditions and standards within the City Engineer’s Memorandum dated October 18, 2018. ADOPTED this 20th day of November, 2018, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk Greystone 8th Addition November / 2018 G:\ENGPROJ\2018-19 Greystone 8th\Subdivision Agreement 2018-19.docx SUBDIVISION AGREEMENT Greystone 8th Addition AGREEMENT dated this ________ day of ________________________, 2018, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and US HOME CORPORATION, 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 8th 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. e. [additional conditions to be added as necessary] 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. Greystone 8th Addition November / 2018 G:\ENGPROJ\2018-19 Greystone 8th\Subdivision Agreement 2018-19.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 Developer and must be approved by the City Engineer. The Developer will prepare plans and specifications for Public Improvements which shall be approved by the City Engineer. Such approvals shall not be unreasonably withheld and the City shall approve or provide Developer with necessary revision comments within 30 calendar days of Developer submittal of Public Improvement plans and specifications. The City will perform all construction inspection for the Public Improvements, at the Developer’s expense. Construction inspection includes but is not limited to inspection, documentation, 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 Greystone 8th Addition November / 2018 G:\ENGPROJ\2018-19 Greystone 8th\Subdivision Agreement 2018-19.docx 7. Time of Performance. The Developer shall install all required improvements, excepting the wear course of pavement, enumerated in Paragraph 6 that will serve the subject property by December 31, 2019, subject to delays due to inclement weather, casualty, labor strikes, material shortages, or other force majeure not within the Developer’s reasonable control. The pavement wear course shall be completed by December 31, 2020. 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 2018-19), 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 One Million, Three Hundred Seventy-Three Thousand, One Hundred Forty-One Dollars ($1,373,141). The amount of the security was calculated as follows: Cost 110% Grading & Erosion Control $98,315 $108,147 Pond Restoration and Erosion Control Removal $25,000 $27,500 Survey Monumentation $28,000 $30,800 Landscaping (113 trees) $33,900 $37,290 Street Lighting (6 lights) $24,000 $26,400 Buffer Monumentation (15 signs) $750 $825 Cost 125% Surface Improvements $376,219 $470,274 Water Main Improvements $205,926 $257,408 Sanitary Sewer Improvements $178,743 $223,429 Storm Sewer Improvements $152,856 $191,070 Total $1,123,709 $1,373,141 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. Greystone 8th Addition November / 2018 G:\ENGPROJ\2018-19 Greystone 8th\Subdivision Agreement 2018-19.docx 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 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. Costs for City inspection of onsite erosion and sediment control shall be at the Developer’s expense. 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 Greystone 8th Addition November / 2018 G:\ENGPROJ\2018-19 Greystone 8th\Subdivision Agreement 2018-19.docx 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 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 for 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, review 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 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 $215,085 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: $10,000 Engineering Review Fees $137,062 Construction Monitoring Fees (15%) $3,000 Attorney Fees $45,687 5% City Fees (based on developer’s estimate of $913,744) $1,728 Street Light Energy Cost $3,360 GIS Fees $14,248 Seal Coating $215,085 Total Amount Due If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City within thirty (30) business days of the request. If actual City fees are lower than this Greystone 8th Addition November / 2018 G:\ENGPROJ\2018-19 Greystone 8th\Subdivision Agreement 2018-19.docx estimate, any surplus funds will be returned to the developer when the project fund is reconciled and closed. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) business 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. D. 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. E. 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. F. 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. Indemnification. The Developer shall hold the City and its officers, agents 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 intentional acts or gross negligence of the City, it’s agents, employees or contractors. The Developer shall indemnify the City and its officers, agents and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney’s fees. 20. Insurance. The Developer agrees to take out and maintain or cause to be taken out and maintained until six months after the City has accepted the Subdivision Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer’s work or the work of its contractors or subcontractors. Liability limits shall not be less than $500,000 when the claim is one for death by wrongful act or omission or for any other claim and $2,000,000 for any number of claims arising out of a single occurrence, and twice said limits when the claim arises out of the release or threatened release of a hazardous substance. The City shall be named as an additional insured on the policy. The certificate of insurance shall provide that the City must be given the same advance written notice of the cancellation of the insurance as is afforded to the Developer. 21. Park and Utility Fees. 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 $190,400.00 B. Storm Sewer Trunk Area Charges in the amount of $147,391.55 C. Sanitary Sewer Trunk Area Charges in the amount of $30,196.75 D. Watermain Trunk Area Charges in the amount of $182,585.00 Or other amounts for such fees as in effect at the time of plat approval. Greystone 8th Addition November / 2018 G:\ENGPROJ\2018-19 Greystone 8th\Subdivision Agreement 2018-19.docx 22. Service Charges. 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). 23. 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 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. 24. 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. 25. 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. Greystone 8th Addition November / 2018 G:\ENGPROJ\2018-19 Greystone 8th\Subdivision Agreement 2018-19.docx 26. Miscellaneous. A. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision, or the plat, or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued prior to the completion and acceptance of Public Improvements, the Developer assumes all liability and costs resulting in delays in completion of Public Improvements and damage to Public Improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land and may be recorded against the title to the subject property. The Developer shall take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Agreement, at the Developer’s request, the City will execute and deliver to the Developer a release. 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. J. The Developer acknowledges that the City may issue additional requirements outside of the 2015 General Specifications and Standard Detail Plates for Street and Utility Construction or the 2008 Engineering Guidelines as the City is in the process of updating these documents. The review process may require additional time and expense due to this process, which shall be the Developer’s responsibility. The Developer shall not be billed for the time required for the City to update and approve their revisions to the 2015 General Specifications and Standard Detail Plates for Street and Utility Construction or the 2008 Engineering Guidelines. Greystone 8th Addition November / 2018 G:\ENGPROJ\2018-19 Greystone 8th\Subdivision Agreement 2018-19.docx 27. 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 [Remainder of page intentionally left blank.] Greystone 8th Addition November / 2018 G:\ENGPROJ\2018-19 Greystone 8th\Subdivision Agreement 2018-19.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: 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 US HOME CORPORATION 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, a Delaware corporation, on behalf of said company. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Greystone 8th Addition November / 2018 G:\ENGPROJ\2018-19 Greystone 8th\Subdivision Agreement 2018-19.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. 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). 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 ($20,000 per acre of mitigation). Greystone 8th EXHIBIT B (Page 1 of 2) No.Item Cost 110%Calculation 1 Grading and Erosion Control 98,315$ 108,147$ $3500/ac x 28.09 acres, Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 28,000$ 30,800$ $500/lot x 56 lots 4 Retaining Wall -$ N/A 5 Landscaping 33,900$ 37,290$ Per City Planner (113 trees x $300) 6 Street Lights 24,000$ 26,400$ 6 lights x $4000/light 7 Buffer Monumentation 750$ 825$ 15 signs x $50/sign 8 Surface Improvements 376,219$ 470,274$ 125% 9 Water Main Improvements 205,926$ 257,408$ 125% 10 Sanitary Sewer Improvements 178,743$ 223,429$ 125% 11 Storm Sewer Improvements 152,856$ 191,070$ 125% Total 1,123,709$ 1,373,141$ No.Item Cost Estimated Construction Cost 913,744$ 1 Engineering Review Fees 10,000$ 2 Construction Monitoring Fees 137,062$ 3 Attorney Fees 3,000$ 4 5% City Administrative Fees 45,687$ 5 Street Light Energy Cost 1,728$ 6 GIS Fees 3,360$ 7 Trail Fog Seal -$ 8 Seal Coating 14,248$ Total 215,085$ No.Item Cost 1 Storm Sewer Trunk Charge 147,391.55$ 2 Sanitary Sewer Trunk Charge 30,196.75$ 3 Water Trunk Charge 182,585.00$ 4 Stormwater Ponding Fee 6 Park Dedication 190,400.00$ Total 550,573.30$ Estimate 5% of Estimated Construction Cost 6 lights x 24 months x $12/month $60/unit x 56 units, or $120/acre N/A 15% of Estimated Construction Cost Letter of Credit for Developer Improvements (due with signed agreement) City Fees (due with signed agreement) Calculation City Engineer Estimation City Engineer Estimation $6500/acre x 28.09 acres $1.70/SY x 8381 SY Development Fees (due before signed plat is released) 56 units x $3,400/unit Calculation $6865/net developable acre x 21.47 acres $1075/acre x 28.09 acres N/A Block Lots Units Block Lot Units SQ FT Acres 1 17 17 1 1 1 10079 0.231 2 14 14 1 2 1 12544 0.288 3 25 25 1 3 1 8855 0.203 1 4 1 10658 0.245 1 5 1 9742 0.224 1 6 1 11335 0.260 Total 56 56 1 7 1 10365 0.238 1 8 1 11092 0.255 Total Plat Area =28.09 acres 1 9 1 14247 0.327 Total Park Area 0.00 acres 1 10 1 11828 0.272 Future Plat Area =0.00 acres 1 11 1 9411 0.216 Developable Area =28.09 acres *1 12 1 9390 0.216 Ponding to HWL = 6.62 acres 1 13 1 12906 0.296 Net Developable Area =21.47 acres 1 14 1 9835 0.226 1 15 1 11001 0.253 * Excludes future plat and park areas 1 16 1 10445 0.240 1 17 1 12596 0.289 2 1 1 8680 0.199 2 2 1 8680 0.199 2 3 1 8681 0.199 2 4 1 8691 0.200 2 5 1 9766 0.224 2 6 1 11920 0.274 2 7 1 12327 0.283 2 8 1 10628 0.244 2 9 1 10134 0.233 2 10 1 15643 0.359 2 11 1 30831 0.708 2 12 1 14548 0.334 2 13 1 12256 0.281 2 14 1 18481 0.424 3 1 1 13578 0.312 3 2 1 13129 0.301 3 3 1 15973 0.367 3 4 1 15955 0.366 3 5 1 11697 0.269 3 6 1 12407 0.285 3 7 1 12280 0.282 3 8 1 12543 0.288 3 9 1 13012 0.299 3 10 1 13001 0.298 3 11 1 12663 0.291 3 12 1 17256 0.396 3 13 1 17417 0.400 3 14 1 13389 0.307 3 15 1 16695 0.383 3 16 1 11989 0.275 3 17 1 8701 0.200 3 18 1 9391 0.216 3 19 1 9631 0.221 3 20 1 8752 0.201 3 21 1 9337 0.214 3 22 1 9769 0.224 3 23 1 9646 0.221 3 24 1 9376 0.215 3 25 1 14777 0.339 Outlot A 391220 8.981 ROW 152285 3.496 Total Boundary 1223464 28.087 Greystone 8th EXHIBIT B (Page 2 of 2) Totals Greystone 8th Addition November / 2018 G:\ENGPROJ\2018-19 Greystone 8th\Subdivision Agreement 2018-19.docx ATTACHMENT ONE Greystone 8th Addition Final Plat CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS Greystone III Property Information February 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. CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS 00-ENG-115289-SHEET-GRAD 6GRADING 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 17OFGREYSTONE III ROSEMOUNT, MINNESOTA CALATLANTIC HOMES06-28-2016 PJC/BNM BNM/JDM Name Reg. No.Date Revisions Date Designed Drawn 2016 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 06-28-2016 Paul J. Cherne I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Surveyor under the laws of the State of Minnesota 7599 ANAGRAM DRIVEEDEN PRAIRIE, MINNESOTA 55344 1. 08-19-2016 Add Lot 1 Blk 12. 10-10-2016 SSWR & WM Revision3. 10-26-2016 Grading Revision4. 01-16-2017 Grading Revision 5. 02-23-2017 Plan Revision 6. 09-06-2017 Utility Revision7. 12-18-2017 7th & 8th Addition Plats 8. 05-01-2018 Garage Revision9. 06-13-2018 Storm Sewer Revision Blk 1,2 00-ENG-115289-SHEET-GRAD 7GRADING 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 17OFGREYSTONE III ROSEMOUNT, MINNESOTA CALATLANTIC HOMES06-28-2016 PJC/BNM BNM/JDM Name Reg. No.Date Revisions Date Designed Drawn 2016 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 06-28-2016 Paul J. Cherne I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Surveyor under the laws of the State of Minnesota 7599 ANAGRAM DRIVEEDEN PRAIRIE, MINNESOTA 55344 1. 08-19-2016 Add Lot 1 Blk 12. 10-10-2016 SSWR & WM Revision3. 10-26-2016 Grading Revision4. 01-16-2017 Grading Revision 5. 02-23-2017 Plan Revision 6. 09-06-2017 Utility Revision7. 12-18-2017 7th & 8th Addition Plats 8. 05-01-2018 Garage Revision9. 06-13-2018 Storm Sewer Revision Blk 1,2 MEMORANDUM DATE: October 18, 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: Stephanie Smith, Assistant City Engineer RE: Greystone 8th Addition Engineering Review SUBMITTAL: Prepared by Pioneer Engineering, dated June 13, 2018. 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 Greystone 7th Addition Final Plat 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.An Enterprise Pipeline runs through the development. A permit shall be required between the developer and Enterprise Pipeline for all crossings, grading, and construction. Additional information regarding the gas line easement shall be provided (number of lines and sizes). 3.A hammerhead treatment is required at the end of 139th Street along with “Future Thru Street” signage and type-III barricades. 4.A street lighting plan should be submitted for review and approval. EASEMENTS: 5.Conservation easements are required over all wetlands and wetland 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. Signage plan shall be modified to reduce the number of signs and not sign the pipeline easement. 6.Drainage and utility (D&U) easements are required on all property lines and over proposed public utilities, drainage and emergency overflow routes. The width of D&U easements over all public utilities will be verified during final design. 7. D&U easements 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 easement. Trees are not allowed to be planted within D&U easements, over the proposed storm sewer, or within a pond access location. These restrictions shall be added as a restriction on the property deed. 8. Trees located on individual properties shall not be planted near the sanitary sewer and water service lines and are not allowed in the boulevard. STORMWATER COMMENTS: 9. The applicant shall submit a stormwater report that is consistent with comments for previous additions and the current version of Rosemount Engineering Guidelines. 10. Show the City of Rosemount Comprehensive Wetland Management Plan wetland number, management category for wetlands. 11. Outlot D shall be deeded to the City. 12. The western 100 feet of 139th Street drains east to the neighboring property. The applicant shall prevent this drainage leaving the site. 13. Access routes shall be shown to all basin inlets/outlets. 14. Soil amendment is required where the infiltration rate is higher than 8.3 inches per hour. 15. Staff recommends lining NURP ponding areas as they will not maintain vegetation below the NWL. 16. Storm sewer will be revised during final design. Typical revisions will include number and placement of catch basins, pipe alignments, and design of outlet control structures. 17. The applicant 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. 18. 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. 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 Stephanie Smith, Assistant City Engineer From: Dan Schultz, Parks and Recreation Director Date: October 17, 2018 Subject: Greystone 8th Addition – Final Plat The Parks and Recreation Department recently received a final plat for the Greystone 8th 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 $190,400 (56 units x 3,400/per unit) to satisfy the parks dedication requirement for the Greystone 8th Addition. Please let know if you have any questions about this memo.