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HomeMy WebLinkAbout6.j. Request by D.R. Horton for Final Plat approval of the first phase of Caramore Crossing EXECUTIVE SUMMARY City Council Meeting: July 16, 2019 AGENDA ITEM: Request by D.R. Horton for Final Plat approval of the first phase of Caramore Crossing AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.j. ATTACHMENTS: Resolution, Subdivision Agreement, Site Location; Final Plat; Preliminary Plat; Grading Plan; Engineer’s Memo dated June 25, 2019; Park and Recreation Director’s Memo dated June 18, 2019; Plat Commission Review Memo dated June 13, 2019 APPROVED BY: LJM RECOMMENDED ACTION: 1. Motion to Adopt a Resolution Approving the Final Plat for Caramore Crossing. 2. Motion to Approve the Subdivision Agreement for Caramore Crossing and Authorizing the Mayor and City Clerk to enter into this Agreement. SUMMARY Applicant: D.R. Horton Comp. Guide Plan Designation: LDR – Low Density Residential Current Zoning: R-1-PUD Low Density Residential with the Caramore Crossing Planned Unit Development (R-1: PUD) Gross Area: 75.482 Acres Net Area: 34.655 Acres Lots/Units: 82 Single Family Lots Gross Density: .92 units/acre Net (Met Council) Density: 2.36 units/acre The City Council is being asked to consider a Final Plat request from D.R. Horton for the first phase of development within the Caramore Crossing Planned Unit Development. 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 Caramore Crossing Preliminary Plat. The Planning Commission and staff recommend approval of this application, subject to the conditions contained in the attached resolution. PLANNING COMMISSION ACTION The Planning Commission reviewed this request at its meeting on June 25, and the Commission voted unanimously to recommend approval of the request as part of the consent agenda at the meeting. BACKGROUND The City Council approved the Caramore Crossing preliminary plat and PUD at its meeting on March 19, 2019. Caramore Crossing was part of an approximately 160-acre parcel located in the northwest quadrant of the intersection of Akron Avenue and Bonaire Path. The land owned by the McMenomy family extends west to the Bella Vista subdivision. Following the approval of the preliminary plat and planned unit development plan, the applicant platted that parcel into two outlots to facilitate the applicant’s acquisition of the portion containing Caramore Crossing. As a condition of that approval, easements were granted for the construction of Autumn Path on the western boundary of the McMenomy property. This first phase of development is located in the southern portion of Caramore Crossing. The proposed final plat contains just under half of the overall lots to be developed in Caramore Crossing, including the association-maintained detached townhomes, referred to as Freedom Homes by the applicant, on the southeast portion of the overall development area. In addition to the residential lots, the final plat contains outlots for stormwater infrastructure, a community pickle ball court, a future regional trail, and the land designated for future phases of development. The Dakota County Plat Commission has reviewed the proposed plat for the first phase of Caramore Crossing and is comfortable with approval of the final plat as proposed. The conditions of approval contained within the County recommendation relate to the recording of restricted access along Akron Avenue. 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 subject property is guided LDR-Low Density Residential and zoned R1 PUD – Low Density Residential Planned Unit Development. Therefore, the subject property is subject to all the standards of the R1-Low Density Residential as well as the standards contained within the PUD. The Caramore Crossing PUD contained several deviations from the base R1 zoning; the most notable include the following: 1. Section 11-4-5 F. 1. R-1 Minimum Lot Area: The minimum lot area of interior lots shall be 7,500 square feet. The minimum lot area of corner lots shall be 9,500 square feet. 2. Section 11-4-5 F. 2 . R-1 Minimum Lot Width: The minimum lot width of interior lots shall be 55 feet. The minimum lot width of corner lots shall be 70 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 except in areas where existence of larger drainage and utility easements require additional setbacks. 5. Section 11-4-5 F.9. R-1 Minimum Lot Coverage: The maximum lot coverage shall be fifty percent (50%) for lots less than 8,250 square feet in area, forty percent (40%) for lots between 8,250 square feet and 9,750 square feet in area, and thirty-five percent (35%) for lots over 9,750 square feet in area. 6. Section 11-2-15 F. Single-Family Detached Dwelling Requirements: The lots specified as “Freedom Lots” shall not be required to include certificates of survey providing for the location of an attached third garage stall, whether or not construction is intended. 2 * 35% for lots > 9,750 sf; 40% for lots 8,250 – 9,750; 50% for lots < 8,250 The final plat is consistent with the preliminary plat that was approved in February, 2019. Other standards contained within the Planned Unit Development agreement are addressed 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 Caramore Crossing preliminary plat was approved on February 26, 2019 consisting of 177 single- family lots. The current application proposes to plat 82 single-family lots for the first phase of Caramore Crossing as well as outlots for stormwater infrastructure, a pickle ball court, land to accommodate a future regional trail, as well as an outlot containing future phases of the Caramore Crossing development. Standard perimeter drainage and utility easements, as well as blanket drainage and utility easements over the outlots, will be dedicated with this plat. This final plat is consistent with the approved Caramore Crossing preliminary plat. Parks and Open Space. This first phase of Caramore Crossing contains 82 buildable lots from 34.655 acres. Staff is recommending that the City collect cash in lieu of land for the initial final plat of 82 lots in the Caramore Crossing development. The cash in-lieu of land collection for 82 lots in a single family subdivision is $278,800 (82 units x $3,400 per unit). The land that has been identified as a future park in the Preliminary Plat, will be collected with future final plats. Engineering The plans submitted with the final plat are consistent with those approved by City Council with the preliminary plat and planned unit development. All sidewalks and other public improvement depicted on the preliminary development plans are included on the attached submission materials. The Assistant City Engineer has provided a review memorandum for the proposed final plat, dated June 25, 2019, which is included in the attachments. RECOMMENDATION The Planning Commission and staff are recommending approval of the final plat, subject to conditions, based on the information provided by the applicant and reviewed within this report Comparison of Lot Requirements and Standards Category Current R-1 Standards Greystone Proposed Prestwick 13th Addition Caramore Crossing – Express Caramore Crossing - Freedom Min. Lot Area (sq. ft.) 10,000 (Interior) 12,000 (Corner) 8,600 10,400 8,600 10,200 8,500 10,500 7,500 9,500 Min. Lot Width 80 ft. (Interior) 95 ft. (Corner) 60 ft. 65 ft. 65 ft. 80 ft. 55 ft. 70 ft. Min. Front Yard Setback 30 ft. 25 ft. 25 ft. 25 ft. 25 ft. Min. Side Yard Setback 10 ft. 7.5 ft. 7.5 ft. 7.5 ft. 7.5 ft. Min. Rear Yard Setback 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. Max. Impervious Surface 30% 30%, 35%, 40% 35%, 40% 35%, 40%, 50% * 35%, 40%, 50% * 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-59 A RESOLUTION APPROVING THE FINAL PLAT FOR CARAMORE CROSSING WHEREAS, D.R. Horton, 20860 Kenbridge Court, Suite 100, Lakeville, MN, (Applicant) has submitted an application to the City of Rosemount for a Plat concerning property legally described as follows: Outlot B, McMenomy Addition, Dakota County, Minnesota WHEREAS, on June 25, 2019, the Planning Commission of the City of Rosemount reviewed the Final Plat for Caramore Crossing; and WHEREAS, on June 25, 2019, the Planning Commission recommended approval of the Final Plat for Caramore Crossing, subject to conditions; and WHEREAS, on July 16, 2019, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendations and the Final Plat for Caramore Crossing. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Final Plat for Caramore Crossing, subject to the following conditions: 1. Execution of a Subdivision Agreement. 2. Drainage and utility easements with storm sewer infrastructure, except ponding or infiltration areas, 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. Compliance with the requirements of the Dakota County Plat Commission contained in the memorandum dated June 13, 2019. 4. Provision of $86,460 for Landscaping Surety. 5. Provision of $278,800 for Fee-in-Lieu of Park Dedication. 6. Compliance with the conditions and standards within the City Engineer’s Memorandum dated June 25, 2019. 7. The applicant shall meet all Dakota County Plat Approval Conditions. 8. The Recording of the McMenomy Addition Plat and meeting all applicable conditions of that plat approval. ADOPTED this 16th day of July 2019, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk Caramore Crossing July / 2019 G:\ENGPROJ\2019-04 Caramore Crossing (McMenomy)\Subdivision Agreement 2019-04.docx SUBDIVISION AGREEMENT Caramore Crossing AGREEMENT dated this ________ day of ________________________, 2019, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and FORESTAR (USA) REAL ESTATE GROUP, INC., a Delaware corporation (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Caramore Crossing, 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, streets and utilities. e. Payment of $132,861 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. Caramore Crossing July / 2019 G:\ENGPROJ\2019-04 Caramore Crossing (McMenomy)\Subdivision Agreement 2019-04.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 D. Sanitary sewer improvements 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 Caramore Crossing July / 2019 G:\ENGPROJ\2019-04 Caramore Crossing (McMenomy)\Subdivision Agreement 2019-04.docx 7. Time of Performance. The Developer shall install all required improvements, excepting the sidewalks and 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 2019-04), 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 Three Million, Three Hundred Thirty-Seven Thousand, Six Hundred Fourteen Dollars ($3,337,614). The amount of the security was calculated as follows: Cost 110% Grading & Erosion Control $121,275 $133,403 Pond Restoration and Erosion Control Removal $45,000 $49,500 Survey Monumentation $41,000 $45,100 Landscaping (262 trees) $78,600 $86,460 Street Lighting (8 lights) $32,000 $35,200 Cost 125% Surface Improvements $762,319 $952,899 Water Main Improvements $427,072 $533,840 Sanitary Sewer Improvements $768,186 $960,232 Storm Sewer Improvements $432,784 $540,979 Total $2,708,236 $3,337,614 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. Caramore Crossing July / 2019 G:\ENGPROJ\2019-04 Caramore Crossing (McMenomy)\Subdivision Agreement 2019-04.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 stabilized per NPDES Construction Stormwater Permit requirements after the completion of the work in that area. Documentation of initiating stabilization shall be submitted to the City upon request. 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 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 Caramore Crossing July / 2019 G:\ENGPROJ\2019-04 Caramore Crossing (McMenomy)\Subdivision Agreement 2019-04.docx construction within this development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit A. 16. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the Public Improvements lying within public rights-of-way and easements shall become City property without further notice or action unless the improvements are 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 $516,029 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: $358,554 Engineering Fees (15% of construction estimate) $2,500 Attorney Fees $119,518 5% City Fees (based on developer’s estimate of $2,390,361) $5,760 Street Light Energy Cost $4,920 GIS Fees $24,777 Seal Coating $516,029 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 Caramore Crossing July / 2019 G:\ENGPROJ\2019-04 Caramore Crossing (McMenomy)\Subdivision Agreement 2019-04.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 $278,800 B. Storm Sewer Trunk Area Charges in the amount of $199,085 C. Sanitary Sewer Trunk Area Charges in the amount of $0 (full amount covered by oversizing credit, see Exhibit B) D. Watermain Trunk Area Charges in the amount of $205,523 (includes a $19,702 credit for oversizing, see Exhibit B) E. Developer share of Akron Avenue improvements in the amount of $132,861 Caramore Crossing July / 2019 G:\ENGPROJ\2019-04 Caramore Crossing (McMenomy)\Subdivision Agreement 2019-04.docx Or other amounts for such fees as in effect at the time of plat approval. 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 $2,425/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. Caramore Crossing July / 2019 G:\ENGPROJ\2019-04 Caramore Crossing (McMenomy)\Subdivision Agreement 2019-04.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 Caramore Crossing July / 2019 G:\ENGPROJ\2019-04 Caramore Crossing (McMenomy)\Subdivision Agreement 2019-04.docx to update and approve their revisions to the 2015 General Specifications and Standard Details Plates for Street and Utility Construction or the 2008 Engineering Guidelines. 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: Thomas H. Burleson, Senior Vice President Forestar (USA) Real Estate Group, Inc. 2221 E. Lamar Boulevard, Suite 790 Arlington, TX 76006 817-769-1860 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.] Caramore Crossing July / 2019 G:\ENGPROJ\2019-04 Caramore Crossing (McMenomy)\Subdivision Agreement 2019-04.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 _____________________, 2019, 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 FORESTAR (USA) REAL ESTATE GROUP, INC. BY: Its STATE OF MINNESOTA ) ) SS COUNTY OF _____________) The foregoing instrument was acknowledged before me this ____ day of ______________________, 2019 by ____________________________________, its ____________________________________, of Forestar (USA) Real Estate Group, Inc. a Delaware corporation, on behalf of said corporation. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Caramore Crossing July / 2019 G:\ENGPROJ\2019-04 Caramore Crossing (McMenomy)\Subdivision Agreement 2019-04.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 ($20,000 per acre of mitigation). Caramore Crossing EXHIBIT B (Page 1 of 2) No.Item Cost 110%Calculation 1 Grading and Erosion Control 121,275$ 133,403$ $3500/ac x 34.65ac Minimum $25,000 2 Pond Restoration and Erosion Control Removal 45,000$ 49,500$ Minimum $25,000 3 Survey Monumentation 41,000$ 45,100$ $500/lot x 82 lots 4 Landscaping 78,600$ 86,460$ Per City Planner, 262 trees x $300 5 Street Lights 32,000$ 35,200$ 8 lights x $4000/light 6 Surface Improvements 762,319$ 952,899$ 125% 7 Water Main Improvements 427,072$ 533,840$ 125% 8 Sanitary Sewer Improvements 768,186$ 960,232$ 125% 9 Storm Sewer Improvements 432,784$ 540,979$ 125% Total 2,708,236$ 3,337,614$ No.Item Cost Estimated Construction Cost 2,390,361$ 1 Engineering Fees 358,554$ 2 Deposit -$ 3 Attorney Fees 2,500$ 4 5% City Administrative Fees 119,518$ 5 Street Light Energy Cost 5,760$ 6 Buffer Monumentation -$ 7 GIS Fees 4,920$ 8 Trail Fog Seal -$ 9 Seal Coating 24,777$ $1.70/SY x 14,575 Total 516,029$ No.Item Cost 1 Storm Sewer Trunk Charge 199,085$ 2 Sanitary Sewer Trunk Charge -$ 3 Water Trunk Charge 205,523$ 4 Park Dedication 278,800$ 5 Akron Avenue Improvements 132,861$ Total 816,269$ $6500/acre x 34.65 acres = $225,225 minus $19,702 oversizing credit. See Exhibit C for oversizing calculation. Development Fees (due with signed agreement) $1620.25 per lot x 82 lots (rounded) (see Attachment Two) Calculation $6865/net developable acre 29.00 acres $1075/acre x 34.65 acres = $37,249 minus $53,970 oversizing credit. Remaining credit of $16,721 will be applied to future phases. See Exhibit C for oversizing calculation. 82 units x .04 x $85,000 ($3,400 per lot) Estimate Letter of Credit for Developer Improvements (due with signed agreement) 15% of Estimated Construction Cost N/A City Fees (due with signed agreement) Calculation Engineer Estimation 5% of Estimated Construction Cost 8 lights x 24 months x $30/month 0 signs x $50/sign $60/unit x 82 units N/A Block Lots Units Block Lot Units SQ FT Acres 1 7 7 1 1 1 12907.565 0.296 2 12 12 1 2 1 9269.087 0.213 3 3 3 1 3 1 9221.411 0.212 4 33 33 1 4 1 8842.500 0.203 5 8 8 1 5 1 8842.500 0.203 6 19 19 1 6 1 9422.079 0.216 Total 82 82 1 7 1 13193.581 0.303 2 1 1 12454.129 0.286 Total Plat Area =75.43 acres 2 2 1 9585.657 0.220 Total Park Area 0.00 acres 2 3 1 9585.660 0.220 Future Plat Area =40.77 acres 2 4 1 9585.660 0.220 Developable Area =34.65 acres *2 5 1 10134.972 0.233 Ponding to HWL ** = 5.65 acres 2 6 1 9880.772 0.227 Net Developable Area =29.00 acres 2 7 1 9641.050 0.221 2 8 1 9595.534 0.220 * Excludes future plat and park areas 2 9 1 9681.844 0.222 2 10 1 9415.562 0.216 in the future 2 11 1 8580.000 0.197 2 12 1 11070.839 0.254 3 1 1 11289.560 0.259 3 2 1 8876.855 0.204 3 3 1 12653.332 0.290 4 1 1 14490.691 0.333 4 2 1 9376.665 0.215 4 3 1 8191.768 0.188 4 4 1 8359.989 0.192 4 5 1 8274.534 0.190 4 6 1 8498.298 0.195 4 7 1 9277.757 0.213 4 8 1 9121.322 0.209 4 9 1 10054.766 0.231 4 10 1 9277.757 0.213 4 11 1 9269.105 0.213 4 12 1 9562.688 0.220 4 13 1 9545.956 0.219 4 14 1 8239.396 0.189 4 15 1 8111.081 0.186 4 16 1 8635.871 0.198 4 17 1 9809.247 0.225 4 18 1 9688.872 0.222 4 19 1 8907.264 0.204 4 20 1 11296.907 0.259 4 21 1 10045.998 0.231 4 22 1 11531.112 0.265 4 23 1 11223.528 0.258 4 24 1 10996.260 0.252 4 25 1 11474.513 0.263 4 26 1 11587.632 0.266 4 27 1 11183.460 0.257 4 28 1 11292.760 0.259 4 29 1 11092.403 0.255 4 30 1 9524.063 0.219 4 31 1 9517.085 0.218 4 32 1 9514.873 0.218 4 33 1 12592.562 0.289 5 1 1 11196.510 0.257 5 2 1 8287.500 0.190 5 3 1 8557.412 0.196 5 4 1 10593.558 0.243 5 5 1 11244.640 0.258 5 6 1 11309.476 0.260 5 7 1 9191.705 0.211 5 8 1 7878.101 0.181 Caramore Crossing EXHIBIT B (Page 2 of 2) Totals ** Excludes ponding in ares that will be platted Block Lot Units SQ FT Acres 6 1 1 8855.958 0.203 6 2 1 7506.608 0.172 6 3 1 8855.958 0.203 6 4 1 7506.608 0.172 6 5 1 7506.608 0.172 6 6 1 7506.608 0.172 6 7 1 7506.608 0.172 6 8 1 8855.958 0.203 6 9 1 7887.100 0.181 6 10 1 8335.500 0.191 6 11 1 8110.844 0.186 6 12 1 8298.968 0.191 6 13 1 8489.502 0.195 6 14 1 8489.502 0.195 6 15 1 8489.502 0.195 6 16 1 8489.502 0.195 6 17 1 8489.502 0.195 6 18 1 8001.075 0.184 6 19 1 9895.804 0.227 Outlot A 1776077.702 40.773 Outlot B 158204.327 3.632 Outlot C 7878.101 0.181 Outlot D 301510.422 6.922 ROW 253330.628 5.816 Total Boundary 3285634.126 75.428 Caramore Crossing 1st Addition: Trunk Sanitary Sewer and Water Main Credit Calculation: 6/27/19 Unit Unit Oversizing Total Description Price Price Cost Unit Quantity Oversizing Cost TRUNK SANITARY SEWER City Required Sizing Minimum Sizing 20" PVC DR-18 C-900 Sanitary Sewer, Class "B" Bedding (24'-28' Depth)$261.00 8" PVC DR-18 C-900 Sanitary Sewer, Class "B" Bedding (24'-28' Depth)$211.00 $50.00 L.F.10 $500.00 20" PVC DR-18 C-900 Sanitary Sewer, Class "B" Bedding (28'-32' Depth)$261.00 8" PVC DR-18 C-900 Sanitary Sewer, Class "B" Bedding (28'-32' Depth)$211.00 $50.00 L.F.427 $21,350.00 20" PVC DR-18 C-900 Sanitary Sewer, Class "B" Bedding (32'-36' Depth)$261.00 8" PVC DR-18 C-900 Sanitary Sewer, Class "B" Bedding (32'-36' Depth)$211.00 $50.00 L.F.93 $4,650.00 20" PVC DR-18 C-900 Sanitary Sewer, Class "B" Bedding (36'-40' Depth)$261.00 8" PVC DR-18 C-900 Sanitary Sewer, Class "B" Bedding (36'-40' Depth)$211.00 $50.00 L.F.121 $6,050.00 20" PVC DR-18 C-900 Sanitary Sewer, Class "B" Bedding (40'-44' Depth)$261.00 80" PVC DR-18 C-900 Sanitary Sewer, Class "B" Bedding (40'-44' Depth)$211.00 $50.00 L.F.256 $12,800.00 20" PVC DR-18 C-900 Sanitary Sewer, Class "B" Bedding (44'-48' Depth)$261.00 8" PVC DR-18 C-900 Sanitary Sewer, Class "B" Bedding (44'-48' Depth)$211.00 $50.00 L.F.123 $6,150.00 4" x 21" Romac CB Type Wye $685.00 4" x 8" PVC SDR 26 Wye $565.00 $120.00 EACH 11 $1,320.00 20" PVC DR-18 C-900 Plug $1,250.00 8" PVC Plug $100.00 $1,150.00 EACH 1 $1,150.00 Subtotal Trunk Sanitary Sewer Ovesizing Costs $53,970.00 TRUNK WATER MAIN 12"x 12" Tapping Valve and Sleeve $5,150.00 12"x 8" Tapping Valve and Sleeve $2,800.00 $2,350.00 EACH 1 $2,350.00 12" DIP Class 52 Water Main (All Depths) w/Poly wrap $52.00 8" DIP Class 52 Water Main (All Depths) w/Poly wrap$38.00 $14.00 L.F.813 $11,382.00 12" Gate Valve & Box $3,234.00 8" Gate Valve & Box $1,960.00 $1,274.00 EACH 3 $3,822.00 Difference in Fittings Weight 12" main vs. 8" Main (see attached summary)$5.90 $5.90 LB.364 $2,147.60 Subtotal Trunk Water Main Oversizing Costs $19,701.60 TOTAL OVERSIZING COSTS $73,671.60 Page 1 EXHIBIT C Caramore Crossing July / 2019 G:\ENGPROJ\2019-04 Caramore Crossing (McMenomy)\Subdivision Agreement 2019-04.docx ATTACHMENT ONE Caramore Crossing Final Plat Caramore Crossing July / 2019 G:\ENGPROJ\2019-04 Caramore Crossing (McMenomy)\Subdivision Agreement 2019-04.docx ATTACHMENT TWO Akron Avenue Improvements – Developer Cost Developer Share ($110 x 2607.1 feet) $286,784.30 Total Number of Lots 177 Cost Per Lot $1,620.25 Caramore Crossing 1st Addition (82 lots) $132,861 Meadow Ridge Future Phases (95 lots) $153,924 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 x x x x x x x x x x x x x x x x x Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 SKIMMER STRUCTURE ROSEMOUNT Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 MEMORANDUM SUBMITTAL: The following review comments were generated from the following Caramore Crossing documents prepared by Westwood Engineering:  Final Plat (dated 5/28/2019)  Grading, Drainage and Erosion Control Plans (dated 4/30/2019)  Construction Plans (dated 5/23/2019) comprised of the following: ▫ Utility Plan ▫ Street Plan and Profiles ▫ Detail Plates  Landscaping Plans  Final Stormwater Report (dated 4/26/2019)  Final Stormwater Calculations (dated 5/24/2019)  Ghost Plat of Outlot G dated (11/12/2018) ASSESSMENTS AND FEES: 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 over 2607.1 feet of Akron Avenue frontage for a total of $286,784.30. As the applicant proposes to plat 82 of the 177 proposed lots, the amount due with the final plat is $132,860.52. ROADWAYS: Street 1(Aulden Way) is proposed to run east-west across the site, across Akron Avenue from the entrance to the Flint Hills Athletic Complex. The ghost plat submitted with the application shows that Street 1(Aulden Way) would eventually connect to the Aulden Avenue stub in the Bella Vista development and is expected to act as a collector for both neighborhoods. To: Kyle Klatt, Planner CC: Kim Lindquist, Community Development Director Brian Erickson, Director of Public Works/City Engineer From: Stephanie Smith, Assistant City Engineer Date: June 25, 2019 Subject: Caramore Crossing Final Plat - Engineering Review 3. A temporary cul-de-sac is required at the dead end of Street 1. The City may allow street stub as a temporary hammerhead-type turnaround depending on the length, which is unclear in this plan submittal. 4. All street stubs must be signed with “Future Thru Street” and type-III barricades. 5. Intersection locations shall be called out in profile view of plans. 6. Lighting is required to comply with the City’s Streetlight Policy: locate a light at intersections, the maximum spacing is 500 feet, and alternate sides of the street. 7. Intersection details shall be revised to include more detail about the pedestrian ramp design or refer to the MnDOT standard detail plates and include them in the plan set. 8. 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 continuing coordination with the county as both projects move forward in design and construction. RIGHT-OF-WAY & EASEMENTS: The plat includes right-of-way dedication for Akron Avenue (CR 73) and Bonaire Path consistent with the adjacent properties and City and County standards. 9. Temporary construction and roadway easements shall be dedicated for the construction of a temporary cul-de-sac at the end of Street 1. 10. The applicant shall deed Outlots B and D to the City for ownership and maintenance of the storm water ponding and infiltration areas. 11. Signage for natural areas around the pond buffer shall be provided by the developer and a 3- year maintenance warranty shall be required to ensure establishment of the naturally vegetated areas. Costs associated with the establishment of the naturally vegetated pond buffer shall be a cost of the development. 12. The applicant proposes a development monument located on Outlot D, which will be dedicated to the City. The monument shall be owned and maintained by the HOA. The applicant shall enter into an encroachment agreement with the City for this monument prior to construction. 13. 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. 14. 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. Pothole elevations shall be provided during final design at each gas pipeline crossing location to verify the improvements can be constructed as proposed. 15. 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. Retaining walls are not allowed within D&U easements. Trees are not allowed to be planted within D&U easements, over the proposed storm sewer, or within a pond access location without permission from the City Engineering Department. These restrictions shall be added as a restriction on the property deed. RETAINING WALLS: This phase of the development does not include retaining walls. WATER & SANITARY UTILITIES: The applicant proposes to connect to City water within Bonaire Path and Akron Avenue and the sanitary sewer within Akron Avenue. The utilities within Akron Avenue were installed with the Meadow Ridge 1st Addition project, CP 2018-08, and are proposed to be extended to the right-of- way line with Dakota County’s Akron Avenue project. 16. The applicant shall coordinate their schedule for utility connection with the City and Dakota County. If they propose to connect to Akron Avenue sanitary sewer prior to the extension to the right-of-way, that extension shall be the responsibility of the applicant. 17. Trunk sanitary sewer line is proposed to be constructed with Caramore Crossing. A 20” PVC line is required to provide future service to the northwest portion of the MWCC08 sewershed. Credit for the Utility Trunk Charges is available to the applicant for the costs associated with upsizing the sanitary line on Street 1. 18. The length of sanitary pipe from MH 14 to 15 shall be minimized as practical. 19. Plans shall call out the material used for risers on the sanitary service lines and shall be based on depth. 20. Include plan note that activation of the watermain system shall be performed by City personnel only. The City requires a minimum 48-hour notice before the activation of the watermain system. 21. On combination sewer and water projects, services may be placed in the same trench. This shall be noted on the plans and "S & W" shall be placed before the stationing. 22. The approximate invert elevation at the end of all sanitary sewer service stubs (tails) shall be shown on the plans. 23. All sanitary services shall be drawn on the plan to the constructed length with length noted. 24. Watermain crossing sanitary sewer on Street 3 shall be eliminated. 25. Trees located on individual properties shall not be planted near the sanitary sewer and water service lines and are not allowed in the boulevard. 26. Watermain and Sanitary Sewer will be revised during final design. Typical revisions will include number and placement of hydrants, gate valves and manholes. GRADING, DRAINAGE & STORMWATER COMMENTS: 27. Number and locations of catchbasins will be determined in the final design process in coordination with the applicant’s engineer and the City to meet requirements within the City’s Engineering Guidelines. 28. Catchbasin spacing shall not be greater than 300 feet or spread calculations must be provided to determine stormwater will not affect the driving lanes. 29. Grading shall not direct stormwater runoff towards building pads. Revise contours or callout spot elevations to illustrate grading to prevent runoff to proposed structures. 30. The Dakota County CR 73 (Akron Avenue) County Project No. 73-19 90% plans dated 3.29.19 and Caramore Crossing Plans dated 4.30.19 are not consistent with one another. Coordinate the County Plans and the Caramore Crossing plans on items such as grading, pond sizing, and outlet structures. Specifically: • OCS in Pond 1N is not shown on the grading plan, however sheet 76 and 82 in the CR 73 90% shows an OCS called OCS111A. • CR 73 grading on sheet 88 on West Greenway Loop do not match Caramore Crossing grading plan sheet 4. • OCS in Pond 5 does not match OCS-2 in the 90% plans from the county. • Pond indicated on sheet 87 and corresponding storm sewer does not match Caramore crossing plans. 31. EOF freeboard of 1.5’ is not being met for the following houses: • Block 11 on street 4 cul-du-sac lot 19 and lot 17. • Block 11 on street 2 lot 7 • Block 4 on street 2 lot 33 • Block 10 on street 3 lots 9, 10, 16, and 20 32. The outlet pipe of Pond N1 is recommended to be raised by 1 ft to provide 18” of cover over the sanitary in CSAH 73. Pond 1N will have an OCS which will retain the 100-yr event on site and then infiltrate the volume. 33. Post Construction infiltration testing utilizing an ASTM approved method will be required to show compliance with section 16.11 of the NPDES construction stormwater permit prior to acceptance of public improvements. 34. Soil amendment is required in basins where the infiltration rate is higher than 8.3 inches per hour per NPDES permit requirements. 35. NURP ponding areas shall be lined as they will not maintain vegetation below the NWL. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015. Attached: 1. Memorandum RE: Caramore Crossing Plan Review by WSB; 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: June 18, 2019 Subject: Caramore Crossing – Final Plat The Parks and Recreation Department recently reviewed a final plat for the Caramore Crossing Development (DR Horton). After reviewing the plans, staff is recommending the following items listed below: Parks Dedication Staff is recommending that the City collect cash in lieu of land for the initial final plat of 82 lots in the Caramore Crossing development. The cash in-lieu of land collection for 82 lots in a single family subdivision is $278,800 (82 units x $3,400 per unit). The land that was being identified as a future park in the preliminary plat (Outlot B – 2.70 acres), will be collected with future final plats. Please let know if you have any questions about this memo. Dakota County Surveyor’s Office Western Service Center  14955 Galaxie Avenue  Apple Valley, MN 55124 June 13, 2019 City of Rosemount 2875 – 145th St. West Rosemount, MN 55068-4997 Re: CARAMORE CROSSING Dakota County Plat Commission met on June 10, 2019, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CR 73, (Akron Ave.), and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed site includes a residential development along CR 73 and Bonaire Avenue and is a replat of Outlot B, MCMENOMY ADDITION. The right-of-way needs along CR 73 are 75 feet of half right of way for a future four-lane divided roadway, which is shown on the plat. The access spacing guidelines are ¼ mile for full access and 1/8 mile restricted access. Restricted access should be shown along all of CR 73 except for one access opening between Block 1 and 5. A quit claim deed for restricted access to Dakota County is required at the time of recording the plat mylars. A future Rosemount Greenway is planned to travel east-west through this property and connect to CR 73 with an underpass. Dakota County will be working with the developer to accommodate the greenway. The Plat Commission has approved the preliminary plat provided that the described conditions are met, and reviewed the final plat and recommends approval to the County Board of Commissioners provided that the described conditions are met. Traffic volumes on CR 73 are 2,500 ADT and are anticipated to be 20,000 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Butch McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: