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HomeMy WebLinkAbout6.h. Request by CNC Development IV, LLC for Final Plat Approval of Emerald Isle 1st Addition EXECUTIVE SUMMARY City Council Regular Meeting: September 15, 2020 AGENDA ITEM: Request by CNC Development IV, LLC for Final Plat Approval of Emerald Isle 1st Addition AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.h. ATTACHMENTS: Resolution; Subdivision Agreement; Location Map; Final Plat; Preliminary Plat Area; Landscape Plan; Parks and Recreation Memo dated February 18, 2020; Engineer Review Memo dated August 25, 2020 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 Emerald Isle 1st Addition, subject to conditions. 2. Motion to approve the Subdivision Agreement for Emerald Isle 1st Addition and authorize the Mayor and City Clerk to enter into the agreement. SUMMARY The Council is being asked to consider a request from CNC Development IV, LLC, for approval of a Final Plat for Emerald Isle 1st Addition to allow development of 40 single family lots. The plat represents the first project phase of a multi-phase preliminary plat approved by the City in May, 2020. The final plat is necessary to facilitate subdivision of the subject property into individual residential lots, outlots, and public streets. Staff and the Planning Commission find the application consistent with the Emerald Isle Preliminary Plat and recommends approval of this application subject to the conditions detailed in the attachments and the motion above. Applicant: CNC Development IV, LLC. Plat Acres: 70.07 Met Council Net Acres: 70.07 Residential Lots Created: 151 preliminary lots, 40 final platted lots Gross Density: 2.16 Units/Acre (single family 151/70.07 acres) Net Density: 2.16 Units/Acre Comprehensive Plan Guiding: LDR-Low Density Residential, Current Zoning: R1 PUD-Low Density Residential Planned Unit Development Surrounding Land Uses North: Low Density Residential East: Agriculture South: Public/Institutional West: Medium Density Residential 2 BACKGROUND In May 2020, the City Council approved a preliminary plat, Planned Unit Development (PUD) master development plan with rezoning, and reguiding of a portion of the site to permit construction of 151 single family lots with a multi-family project to be approved in the future along the southern border. The current final plat is the first final plat of the project, starting north to south due to necessary infrastructure. The comprehensive plan amendment approval process through the Metropolitan Council was recently initiated as staff was waiting for final confirmation the project was moving forward. The Amendment is related to properties south of the current final plat area as this section of the site was already designated for low density residential development. The Planning Commission reviewed and approved the request at their August 25, 2020 meeting. The item was on the consent agenda as no public hearing is required for approval of a final plat. There were no questions by the Commission or public on the request. ISSUE ANALYSIS Legal Authority . This application is a Quasi-Judicial action. 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 and is consistent with the preliminary plat, it must be approved. Land Use and Zoning . The proposed 40-lot single family final plat 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. While this development is subject to all of the conditions and development standards contained in the PUD, the most notable deviations from the requirements of the Low Density Residential zoning districts are provided below. All these items were anticipated in the preliminary plat approval and were part of the initial PUD approval. 1. Section 11-4-5 F. 1. R-1 Minimum Lot Area: The minimum lot area shall be 8,125 square feet for interior lots and corner lot minimum of 10,625 square feet. 2. Section 11-4-5 F. 2. R-1 Minimum Lot Width: The minimum lot width shall be 65 feet for interior lots and 85 for corner lots. 3. Section 11-4-5 F. 5. R-1 Minimum Side Yard Setback: The minimum side yard setback shall be 7.5 feet. 4. Section 11-4-5 F. 6. R-1 Minimum Rear Yard Setback: The minimum rear yard setback shall be 25 feet. 5. Section 11-4-5 F. 9. R-1 Maximum Lot Coverage: The maximum lot coverage shall be 30% for lots over 10,000 sf and 40% for lots under 10,000. Final Plat. Standards for reviewing subdivision requests are detailed in Title 12 of the Rosemount City Code. This section of the Code outlines the two-step Preliminary and Final Plat process for land subdivision. In this case, the preliminary plat was approved in May 2020 consisting of 151 single family lots and various outlots. Streets & Access. The site will gain access form the extension of Addison Avenue into the site. Connemara Avenue will also 3 come from the west, in the southern portion of the property. Water and Sanitary Sewer. Sanitary sewer is available to the site via the existing Metropolitan Council interceptor which currently traverses the site. A permit from the Metropolitan Council is required to access directly into the line. The elevation of the sewer must be deep enough to also serve the property to the east, should it develop in the future. Water service will be extended from the adjoining developed property. Development fees as detailed in the Engineer’s Memo dated July 28, 2020, are due with the final plat and subdivision agreement. Landscaping The landscaping plan previously provided shows one tree on the front yard of each interior lot and two trees on each corner lot as required by the City Code. Additional landscaping is shown in the area near the stormwater pond in the northwest portion of the plat area. The applicant is required to submit a letter of credit of $19,800 to ensure individual lot landscaping as well as the landscaping located in the common areas. Storm Water Management. The developer will be managing the stormwater on site with the use of retention and infiltration basins. Since approval of the preliminary plat, the City and Dakota County have been talking to the applicant about expansion of the southern pond to permit regional ponding associated with the Akron Avenue signalization improvement project. The developer will receive credit for the additional regional ponding. A drainage and utility easement over the entirety of Outlot B will permit installation of the pond although that area is not final platted. Parks and Open Space. The Rosemount Parks and Recreation Department reviewed the plans for Emerald Isle and is recommending cash in-lieu of land to meet the park dedication requirement for the proposed development. The requirement for 40 single family units is $136,000 (40 x $3,400). The Parks and Recreation department is also recommended a trial along County Road 42 with the trail access provided with development of the southern apartments. Coordination should occur with connections to the Vermillion Highlands Greenway as well as the trail crossing just west of the development area within the old City Hall site. Sidewalks Sidewalks are provided throughout the development on at least one side of all streets, which is consistent with City policy. A sidewalk is shown on the north side of Connemara Trail and a bituminous trail will be constructed along the south side. This is consistent with the pedestrian facilities elsewhere along Connemara in this vicinity. Sidewalk connections are provided to the adjacent neighborhoods. One condition contained within the engineer’s memo and called out in the staff recommendation is that the sidewalk along the northern side of Addison Avenue (Street A) be continued to at least the intersection with Street C. CONCLUSION & RECOMMENDATION Staff and the Planning Commission recommend approval of the Final Plat for Emerald Isle creating 40 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 2020-XX A RESOLUTION APPROVING THE FINAL PLAT FOR EMERALD ISLE 1ST ADDITION WHEREAS, Builder Jones (Applicant) has submitted an application to the City of Rosemount for a Final Plats concerning property legally described as follows: The East half (E1/2) of the Northeast Quarter (NE 1/4) of Section 27, Township 115 North, Range 19 West, Dakota County, Minnesota, excepting therefrom the following described parcel: The Southwest Quarter of the Southeast Quarter of the Northeast Quarter (SW1/4 of SE1/4 of NE1/4) of Section 27, Township 115 North, Range 19 West, Dakota County, Minnesota WHEREAS, on August 25th, 2020, the Planning Commission of the City of Rosemount reviewed the Final Plat for Emerald Isle 1st Addition; and WHEREAS, on August 25th, 2020, the Planning Commission recommended approval of the Final Plat for Emerald Isle 1st Addition, subject to conditions; and WHEREAS, on September 15th, 2020, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendation and the Final Plat for Emerald Isle 1st Addition. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Preliminary and Final Plats for Doolin Heights, 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. The final plat shall include all easements as requested by City. 4. Provision of $19,800 for landscaping surety 5. Payment of $136,000 for Fee-In-Lieu of Park Dedication. 6. Compliance with the conditions and standards within the City Engineer’s Memorandum dated August 25, 2020 7. The applicant shall receive approval from the Metropolitan Council for any connection to the Met Council sanitary interceptor line ADOPTED this 15th day of September 2020, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk Emerald Isle September / 2020 G:\ENGPROJ\2020-16 Emerald Isle\Agreements\Subdivision Agreement 2020-16.docx SUBDIVISION AGREEMENT Emerald Isle AGREEMENT dated this ________ day of ________________________, 2020, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and CNC Development IV, LLC, a Minnesota limited liability company, (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Emerald Isle, 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. Approval of a Planned Unit Development Master Development Plan with Rezoning. b. Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities. c. Execution of a Subdivision or Development Agreement to secure the public and private improvements. d. Payment of all applicable fees including GIS, Park Dedication and other fees identified in the current fee schedule. e. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. f. Provision of $25,740 for landscaping surety. g. Payment of $136,000 for Fee-In-Lieu of Park Dedication h. Applicant shall obtain approval from the Metropolitan council for any connection to the MCES sanitary line. 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 Emerald Isle September / 2020 G:\ENGPROJ\2020-16 Emerald Isle\Agreements\Subdivision Agreement 2020-16.docx amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 5. Development Plans. The subject property shall be developed in accordance with the following plans, 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 Emerald Isle September / 2020 G:\ENGPROJ\2020-16 Emerald Isle\Agreements\Subdivision Agreement 2020-16.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, 2020, 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, 2021. 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 2020-16), 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, Six Hundred, Eighty-One Thousand, Seven Hundred, Eighty-Seven Dollars ($1,681,787). The amount of the security was calculated as follows: Cost 110% Grading & Erosion Control $350,903 $385,993 Pond Restoration and Erosion Control Removal $25,000 $27,500 Survey Monumentation $20,000 $22,000 Landscaping (60 trees) $19,800 $21,780 Street Lighting (5 lights) $20,000 $22,000 Cost 125% Surface Improvements $375,403 $469,254 Water Main Improvements $189,902 $237,378 Sanitary Sewer Improvements $197,759 $247,199 Storm Sewer Improvements $198,946 $248,683 Total $1,397,713 $1,681,787 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. Emerald Isle September / 2020 G:\ENGPROJ\2020-16 Emerald Isle\Agreements\Subdivision Agreement 2020-16.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 Emerald Isle September / 2020 G:\ENGPROJ\2020-16 Emerald Isle\Agreements\Subdivision Agreement 2020-16.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 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 estimated City fees of $167,390 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: $96,201 Engineering Fees (10% of construction estimate) $3,000 Attorney Fees $48,101 5% City Fees (based on construction estimate of $962,010) $3,600 Street Light Energy Cost $2,400 GIS Fees $400 Buffer Monumentation $13,688 Seal Coating $167,390 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 Emerald Isle September / 2020 G:\ENGPROJ\2020-16 Emerald Isle\Agreements\Subdivision Agreement 2020-16.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 public 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 public 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. Notwithstanding any other provision in this Agreement to the contrary, Developer agrees that it will not be able to submit a claim for extra work or for monetary damages (for delay or otherwise), or request an extension of time to complete the work, for any reason arising out of or relating to: (1) the COVID-19 pandemic; or (2) any national, state, or local declaration, resolution, or order relating to the COVID-19 pandemic, unless such declaration, resolution or order prohibits work on the project. The contract completion date shall be extended for the period of the required stoppage in work but without any claim for delay damages. 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 $136,000 Emerald Isle September / 2020 G:\ENGPROJ\2020-16 Emerald Isle\Agreements\Subdivision Agreement 2020-16.docx B. Storm Sewer Trunk Area Charges in the amount of $108,721 C. Sanitary Sewer Trunk Area Charges in the amount of $22,989 D. Watermain Trunk Area Charges in the amount of $139,003 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 Emerald Isle September / 2020 G:\ENGPROJ\2020-16 Emerald Isle\Agreements\Subdivision Agreement 2020-16.docx 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. 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 Emerald Isle September / 2020 G:\ENGPROJ\2020-16 Emerald Isle\Agreements\Subdivision Agreement 2020-16.docx 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 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: CNC Development IV, LLC 3000 County Road 42 W Suite 202 Burnsville, MN 55337 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.] Emerald Isle September / 2020 G:\ENGPROJ\2020-16 Emerald Isle\Agreements\Subdivision Agreement 2020-16.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 _____________________, 2020, 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 CNC DEVELOPMENT IV, LLC BY: William E. Ryan, its Chief Manager STATE OF MINNESOTA ) ) SS COUNTY OF _____________) The foregoing instrument was acknowledged before me this ____ day of ______________________, 2020 by William E. Ryan, its Chief Manager, of CNC Development IV LLC, a Minnesota limited liability company, on behalf of said corporation. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Emerald Isle September / 2020 G:\ENGPROJ\2020-16 Emerald Isle\Agreements\Subdivision Agreement 2020-16.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 ($4,000 per light has been used to calculate this cost). Emerald Isle EXHIBIT B (Page 1 of 2) No.Item Cost 110%Calculation 1 Grading and Erosion Control 350,903$ 385,993$ 110% 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 20,000$ 22,000$ $500/lot x 40 lots 4 Retaining Wall -$ -$ N/A 5 Landscaping 18,000$ 19,800$ Per City Planner (60 trees x $300) 6 Street Lights 20,000$ 22,000$ 5 lights x $4000/light 7 Surface Improvements 375,403$ 469,254$ 125% 8 Water Main Improvements 189,902$ 237,378$ 125% 9 Sanitary Sewer Improvements 197,759$ 247,199$ 125% 10 Storm Sewer Improvements 198,946$ 248,683$ 125% Total 1,395,913$ 1,679,807$ No.Item Cost Estimated Construction Cost 962,010$ 1 Engineering Fees 96,201$ 2 Attorney Fees 3,000$ 3 5% City Administrative Fees 48,101$ 4 Street Light Energy Cost 3,600$ 5 GIS Fees 2,400$ 6 Buffer Monumentation 400$ 7 Trail Fog Seal -$ 8 Seal Coating 13,688$ Total 167,390$ No.Item Cost 1 Storm Sewer Trunk Charge 108,721$ 2 Sanitary Sewer Trunk Charge 22,989$ 3 Water Trunk Charge 139,003$ 4 Stormwater Ponding Fee -$ 5 Park Dedication 136,000$ Total 406,713$ $6500/acre x 21.385 acres $1.70/SY x 8052 SY Development Fees (due before signed plat is released) 40 units x $3,400/unit Calculation $6865/net developable acre x 15.837 acres $1075/acre x 21.385 acres N/A 10% of Estimated Construction Cost Letter of Credit for Developer Improvements (due with signed agreement) City Fees (due with signed agreement) Calculation Developer's Estimate Estimate 5% of Estimated Construction Cost 5 lights x 24 months x $30/month $60/unit x 40 units, or $120/acre N/A 8 signs x $50/sign Block Lots Units Block Lot Units SQ FT Acres 1 12 12 1 1 1 13161 0.302 2 13 13 1 2 1 10413 0.239 3 9 9 1 3 1 10592 0.243 4 6 6 1 4 1 10088 0.232 1 5 1 9450 0.217 1 6 1 9450 0.217 Total 40 40 1 7 1 9450 0.217 1 8 1 10829 0.249 Total Plat Area =70.066 acres 1 9 1 11570 0.266 Total Park Area 0.000 acres 1 10 1 11419 0.262 Future Plat Area =48.681 acres 1 11 1 11419 0.262 Developable Area * =21.385 acres 1 12 1 12904 0.296 Ponding to HWL ** = 5.548 acres 2 1 1 12290 0.282 Net Developable Area =15.837 acres 2 2 1 9284 0.213 2 3 1 9180 0.211 * Excludes future plat and park areas (all outlots)2 4 1 9180 0.211 2 5 1 9180 0.211 2 6 1 13816 0.317 2 7 1 11475 0.263 2 8 1 9045 0.208 2 9 1 9045 0.208 2 10 1 9045 0.208 2 11 1 9019 0.207 2 12 1 8823 0.203 2 13 1 12059 0.277 3 1 1 15436 0.354 3 2 1 10385 0.238 3 3 1 10385 0.238 3 4 1 10385 0.238 3 5 1 10385 0.238 3 6 1 10385 0.238 3 7 1 10385 0.238 3 8 1 10385 0.238 3 9 1 10385 0.238 4 1 1 12827 0.294 4 2 1 9380 0.215 4 3 1 9380 0.215 4 4 1 9380 0.215 4 5 1 9380 0.215 4 6 1 13463 0.309 Outlot A 363486 8.344 Outlot B 2120564 48.681 ROW 143534 3.295 Total Boundary 3052096 70.066 Emerald Isle EXHIBIT B (Page 2 of 2) Totals ** Ponding Area for 101P only as called out on sheet 3.1 Emerald Isle September / 2020 G:\ENGPROJ\2020-16 Emerald Isle\Agreements\Subdivision Agreement 2020-16.docx ATTACHMENT ONE Emerald Isle Final Plat BEARINGS ARE BASED ON THE EAST LINE OF THE E 1/2 OF THE NE 1/4 OF SEC. 27, T. 115, R. 19 WHICH IS ASSUMED TO HAVE A BEARING OF N 00°24'42" E NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481. DENOTES FOUND 1/2 INCH IRON MONUMENT WITH CAP MARKED R.L.S. NO. 47481 DENOTES DAKOTA COUNTY CAST IRON MONUMENT KNOW ALL PERSONS BY THESE PRESENTS: That CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, owner of the following described property: The East half (E1/2) of the Northeast Quarter (NE 1/4) of Section 27, Township 115 North, Range 19 West, Dakota County, Minnesota, excepting therefrom the following described parcel: The Southwest Quarter of the Southeast Quarter of the Northeast Quarter (SW1/4 of SE1/4 of NE1/4) of Section 27, Township 115 North, Range 19 West, Dakota County, Minnesota Has caused the same to be surveyed and platted as EMERALD ISLE and does hereby dedicate to the public for public use the public ways and the drainage and utility easements as created on this plat. In witness whereof said CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 20 . CNC DEVELOPMENT IV, LLC By: its STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20 , by the of CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, on behalf of the company. County, Printed Name My commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 ______________________________________________________________ Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481 STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on this day of , 20 , by Marcus F. Hampton. County, Printed Name My commission expires January 31, 20 CITY PLANNING COMMISSION, CITY OF ROSEMOUNT, MINNESOTA Approved by Planning Commission of the City of Rosemount, Minnesota this day of , 20 By: Chair CITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTA This plat of EMERALD ISLE was approved and accepted by the City Council of the City of Rosemount, Minnesota at a regular meeting thereof held this day of , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. By: Mayor Clerk DAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 . By: Todd B. Tollefson, Dakota County Surveyor COUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTA We do hereby certify that on the _____ day of _______________, 20___, the Board of Commissioners of Dakota County, Minnesota, approved this plat of EMERALD ISLE and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to the Dakota County Contiguous Plat Ordinance. By: ___________________________________ Attest: ___________________________________ Chair, Dakota County Board Dakota County Treasurer - Auditor DAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 . By: Amy A. Koethe, Director, Department Of Property Taxation and Records COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that this plat of EMERALD ISLE was filed in the office of the County Recorder for public record on this day of , 20 , at o'clock . M. and was duly filed in Book of Plats, Page , as Document Number . By: Amy A. Koethe, County Recorder DENOTES RESTRICTED ACCESS TO DAKOTA COUNTY PER THE DAKOTA COUNTY CONTIGUOUS PLAT ORDINANCE VICINITY MAP BEARINGS ARE BASED ON THE EAST LINE OF THE E 1/2 OF THE NE 1/4 OF SEC. 27, T. 115, R. 19 WHICH IS ASSUMED TO HAVE A BEARING OF N 00°24'42" E NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481. DRAINAGE AND UTILITY EASEMENTS BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING LOT LINES, AND BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING RIGHT OF WAY LINES, AS SHOWN ON THE PLAT. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: BEARINGS ARE BASED ON THE EAST LINE OF THE E 1/2 OF THE NE 1/4 OF SEC. 27, T. 115, R. 19 WHICH IS ASSUMED TO HAVE A BEARING OF N 00°24'42" E NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481. DENOTES FOUND 1/2 INCH IRON MONUMENT WITH CAP MARKED R.L.S. NO. 47481 DENOTES DAKOTA COUNTY CAST IRON MONUMENT KNOW ALL PERSONS BY THESE PRESENTS: That CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, owner of the following described property: The East half (E1/2) of the Northeast Quarter (NE 1/4) of Section 27, Township 115 North, Range 19 West, Dakota County, Minnesota, excepting therefrom the following described parcel: The Southwest Quarter of the Southeast Quarter of the Northeast Quarter (SW1/4 of SE1/4 of NE1/4) of Section 27, Township 115 North, Range 19 West, Dakota County, Minnesota Has caused the same to be surveyed and platted as EMERALD ISLE and does hereby dedicate to the public for public use the public ways and the drainage and utility easements as created on this plat. In witness whereof said CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 20 . CNC DEVELOPMENT IV, LLC By: its STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20 , by the of CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, on behalf of the company. County, Printed Name My commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 ______________________________________________________________ Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481 STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on this day of , 20 , by Marcus F. Hampton. County, Printed Name My commission expires January 31, 20 CITY PLANNING COMMISSION, CITY OF ROSEMOUNT, MINNESOTA Approved by Planning Commission of the City of Rosemount, Minnesota this day of , 20 By: Chair CITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTA This plat of EMERALD ISLE was approved and accepted by the City Council of the City of Rosemount, Minnesota at a regular meeting thereof held this day of , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. By: Mayor Clerk DAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 . By: Todd B. Tollefson, Dakota County Surveyor COUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTA We do hereby certify that on the _____ day of _______________, 20___, the Board of Commissioners of Dakota County, Minnesota, approved this plat of EMERALD ISLE and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to the Dakota County Contiguous Plat Ordinance. By: ___________________________________ Attest: ___________________________________ Chair, Dakota County Board Dakota County Treasurer - Auditor DAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 . By: Amy A. Koethe, Director, Department Of Property Taxation and Records COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that this plat of EMERALD ISLE was filed in the office of the County Recorder for public record on this day of , 20 , at o'clock . M. and was duly filed in Book of Plats, Page , as Document Number . By: Amy A. Koethe, County Recorder DENOTES RESTRICTED ACCESS TO DAKOTA COUNTY PER THE DAKOTA COUNTY CONTIGUOUS PLAT ORDINANCE VICINITY MAP BEARINGS ARE BASED ON THE EAST LINE OF THE E 1/2 OF THE NE 1/4 OF SEC. 27, T. 115, R. 19 WHICH IS ASSUMED TO HAVE A BEARING OF N 00°24'42" E NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481. DRAINAGE AND UTILITY EASEMENTS BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING LOT LINES, AND BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING RIGHT OF WAY LINES, AS SHOWN ON THE PLAT. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: MEMORANDUM To: Kim Lindquist, Community Development Director Kyle Klatt, Senior Planner Anthony Nemcek, Planner From: Dan Schultz, Parks and Recreation Director Date: February 18, 2020 Subject: Emerald Isle - CNC Development Master PUD and Preliminary Plat The Parks and Recreation Department recently reviewed the plans for the Emerald Isle development. After reviewing the plans, the Parks and Recreation Department staff has the following comments: Local Trails and Sidewalks The trail and sidewalk amenities appear to be designed in a manner that works toward the City’s goal of having a well-connected community. The proposed trail and sidewalk system is designed to match up to the existing/proposed system. Staff does recommend that accommodations are made for a trail to be added along County Road 42 in the future. Parks Dedication The parks dedication requirement for 151 single family units is either 6.04 acres of land, cash in-lieu of land or a combination of the two. Staff is recommending that the City collect cash in-lieu of land for the single-family development that is currently being processed. The cash dedication for 151 units would be $513,400 (151 x $3,400 per unit). Please let me know if you have any questions about this memo. MEMORANDUM To: Anthony Nemcek, Planner CC: Kim Lindquist, Community Development Director Stacy Bodsberg, Planning & Personnel Secretary Brian Erickson, Director of Public Works/City Engineer From: Stephanie Smith, Assistant City Engineer Date: August 25, 2020 Subject: Emerald Isle Final Plat - Engineering Review SUBMITTAL: The plans for Emerald Isle have been prepared by James R. Hill, Inc. Engineering review comments were generated from the following preliminary documents included in the submittal: ▫ Final Plat (dated 8/10/2020) ▫ Existing Conditions Survey (dated 8/12/2020) ▫ Erosion and Sediment Control Plan (dated 8/12/2020) ▫ Grading Plan (dated 8/12/2020) ▫ Street and Utility Plan (dated 8/12/2020) ▫ Stormwater Report (dated 8/12/2020) ▫ Phasing Plan (dated 1/13/2020) 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. Plans shall be signed by an engineer licensed in the state of Minnesota. 3. Outlot A and B shall be covered by drainage and utility easement. 4. Outlot A shall be dedicated to the City. 5. As the review of the construction plans is ongoing, the developer shall incorporate future comments on the construction plans from the Engineering staff in order to comply with Rosemount Engineering Guidelines and Standard Specifications. STREET AND SIDEWALK This addition of Emerald Isle consists of internal, local streets that connect to the existing Addison Avenue stub at the eastern property line. 5-foot sidewalks are on one side of the streets throughout the development. 6. Street slopes and profile drawings shall be reviewed with the construction plans for consistency with the Engineering Guidelines. 7. Lot 50, Block 1 shall have the driveway constructed on the west side of the property to allow the occupant vehicles to turn around on the dead-end street. 8. Type-three barricades with “Future Thru Street” signage shall be at the end of 142nd Street and Aspen Avenue. 9. Temporary cul-de-sac shall be constructed at the end of Aspen Avenue. Temporary roadway easement shall be granted on Outlot B for the cul-de-sac. 10. MnDOT standard detail plates for ADA pedestrian ramps shall be included in the plan set. 11. Street signage and lighting plan shall be submitted for review. 12. Addison Avenue typical street section shall match the existing section. WATER AND SANITARY SEWER 13. Sanitary sewer shall be stubbed to the eastern property line at an elevation to provide service to future development. 14. The applicant proposes two connections to the Metropolitan Council’s interceptor sewer line. Applicant must obtain permits for these connections. Staff recommends one connection. 15. Sanitary sewer connections shall be core-drilled. 16. Staff recommends using a 0.50% slope for 8” sanitary sewer to ensure that construction minimums are met. 17. Applicant’s engineer shall work with staff to reduce the number of sanitary manhole structures. 18. Lots 1-3, Block 4 shall be serviced from sanitary sewer from the south rather than tying- in to the north line on Addison Avenue. This would also eliminate SSMH-2. 19. Watermain under Connemara Trail shall be 12” diameter. 20. All watermain shall be ductile iron pipe. 21. Number and locations of valve shall be adjusted to meet Engineering Guidelines. 22. Connections to active mains shall be wet taps. 23. As-built are not available for the utility connections to the Prestwick Place 17th development. Applicant’s engineer shall verify locations in the field. STORMWATER The applicant proposes to meet the City’s stormwater requirements by constructing retention and infiltration basins on their site. 24. Applicant proposes a swale and stormwater pipe within the Metropolitan Council easement. Applicant shall obtain applicable permits for this work. 25. Access routes to ponds and yard catchbasins shall meet Engineer Guidelines and be shown on the plans. 26. Upon completion of the infiltration basin, the applicant’s engineer shall submit infiltrometer testing to certify the functionality of the basin as modeled. 27. Applicant’s engineer shall work to reduce the number of storm structures. The City’s stormwater consultant reviewed the submittal and their comments are listed below. The full memorandum is attached. 28. Modify the 100-year HWL and 10-day HWL listed in the plans for Pond 101P to match the HydroCAD output. 29. Block 3, Lots 1 and A14 low opening are lower than the low point in the road. 30. Please indicate reasoning behind not installing proposed storm sewer toward basin 101P and instead grading a ditch that will be filled in. 31. There is currently no plan to complete the grading of basin 101P. Please indicate reasoning behind not constructing the infiltration basin. 32. CB-112 and CB-111 should be moved to be along lot lines and not within a driveway. Please include driveway locations. 33. Infiltration area listed on the plans does not match the stormwater narrative nor the total area shown. Modify the stormwater narrative 101P provided infiltration surface area to match the plans (the ‘note’ acreage matches the plans but the provided infiltration zone does not match). The following comments apply to the stormwater of the full development, not only this phase: 34. No operation and maintenance plan was included with this submittal 35. Coordination with the county will be required to route drainage from county ROW to NURP basin. The outlet control structure will be permitted to discharge at a rate that matches existing discharge rates. 36. Currently County ROW is not be routed to pond 107P. Please see attached for proposed grading map. Remove berm along 42 and connect NURP pond to expand into grading. 37. Connect County flared end section basin 107P. Current drainage plan shows flared end section discharges to existing ditch and bypasses the proposed basin. 38. The impervious quantification varies between the proposed drainage area map and the proposed HydroCAD model for 1030S. 1.624 acres is shown on the plans and 1.897 is given in HydroCAD. 39. Regional Outlet control structure will be required for basin 107P and 101P. Utilize Rosemount Skimmer Structure Standard Detail (SD-11). 40. Please include drainage of proposed right of way for Street 20 in drainage to 103P. The centerline looks to be included in plans, but not its drainage. i. Please include more information on the centerline for Street 20. What is currently shown does not match the PUD plans and we cannot verify the drainage area shown for this area. 41. The pond notes describing the OLE and HWL for Ponds 101P, 102P, and 103P vary between the grading plan and the utility plan. Modify for consistency. 42. HydroCAD outlet pipe differs in length and size for 103P. The plan shows a 170 foot 15” RCP while HydroCAD shows a 170 foot 18” RCP. 43. The outlet invert on the detail for Pond 101P is inconsistent with the plans and HydroCAD. 44. Modify the 10-day HWL listed in the plans for Pond 102P, 103P, and 107P to match the HydroCAD output. 45. Provide a designated EOF section for 107P. 46. From the grading plan, drainage area 1080S and 42S would drain to pond 107P in the proposed condition. Update model to reflect this, or revise grading to propose ditch drainage going to Besser property. 47. Storm sewer pipe runs must not exceed 300 feet. Revise CBMH-403 to CBMH-402 48. Include proposed storm sewer for draining 1070S to verify drainage area of 107P. 49. Please verify if the submittal needs permits for creation of ponding on top of a gas line and over easement at 107P, and 103P. 50. Provide a minimum of 1 foot of freeboard from the basin HWL and the basement floor elevation. The following buildings are not in compliance. 1. Block 4, Lots 1, 2 51. Provide a minimum of 1.5 feet of freeboard from the Emergency Overflow Route and the Low Opening. The following buildings are not in compliance: Block 4 lot 44, Block 6 Lots 1 52. Block 5 Lot 8-9 low openings are lower than the low point in the road. 53. Utility easements will be verified once storm sewer profiles are provided. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015. Attached: WSB Memorandum RE: Emerald Isle – Courteau Property Plan Review dated August 20, 2020 K:\015413-000\Admin\Docs\08202020 Review\015413-000-Emerald_Isle-08202020.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM Memorandum To: Stephanie Smith, City of Rosemount From: Bill Alms, WSB Laura Cummings, WSB Date: August 20, 2020 Re: Emerald Isle – Courteau Property Plan Review WSB Project No. R-015413-000 We have reviewed the documents provided by James R. Hill, Inc. and CALYX Design Group on 08/12/20 for the Emerald Isle – Courteau Property Plan development. Documents Reviewed include: • Stormwater Management Narrative and Summary for The Courteau Site – dated 8-11- 2020 • Emerald Isle Final Plans– dated 8-12-2020 • Emerald Isle Preliminary Site Development Plans – dated 4-14-2020 Based on our review of the plan we offer the following comments for your consideration. Specific Phase 1 Comments Grading Plan Comments: a. Modify the 100-year HWL and 10-day HWL listed in the plans for Pond 101P to match the HydroCAD output. b. Block 3 Lots 1 and A14 low opening are lower than the low point in the road. c. Please indicate reasoning behind not installing proposed storm sewer toward basin 101P and instead grading a ditch that will be filled in. d. There is currently no plan to complete the grading of basin 101P. Please indicate reasoning behind not constructing the infiltration basin. Storm Sewer Comments: a. CB-112 and CB-111 should be moved to be along lot lines and not within a driveway. Please include driveway locations. Infiltration Comments: a. Infiltration area listed on the plans does not match the stormwater narrative nor the total area shown. i. Modify the stormwater narrative 101P provided infiltration surface area to match the plans (the ‘note’ acreage matches the plans but the provided infiltration zone does not match). Outstanding General Comments Grading, Drainage, and Erosion Control Comments: 2. General: a. No operation and maintenance plan was included with this submittal. 3. Basins: Ms. Stephanie Smith August 20, 2020 Page 2 K:\015413-000\Admin\Docs\08202020 Review\015413-000-Emerald_Isle-08202020.docx a. Coordination with the county will be required to route drainage from county ROW to NURP basin. The outlet control structure will be permitted to discharge at a rate that matches existing discharge rates. b. Currently County ROW is not be routed to pond 107P. Please see attached for proposed grading map. Remove berm along 42 and connect NURP pond to expand into grading. c. Connect County flared end section basin 107P. Current drainage plan shows flared end section discharges to existing ditch and bypasses the proposed basin. d. The impervious quantification varies between the proposed drainage area map and the proposed HydroCAD model for 1030S. 1.624 acres is shown on the plans and 1.897 is given in HydroCAD. e. Regional Outlet control structure will be required for basin 107P and 101P. i. Utilize Rosemount Skimmer Structure Standard Detail (SD-11). f. Please include drainage of proposed right of way for Street 20 in drainage to 103P. The centerline looks to be included in plans, but not its drainage. i. Please include more information on the centerline for Street 20. What is currently shown does not match the PUD plans and we cannot verify the drainage area shown for this area. g. The pond notes describing the OLE and HWL for Ponds 101P, 102P, and 103P vary between the grading plan and the utility plan. Modify for consistency. h. HydroCAD outlet pipe differs in length and size for 103P. The plan shows a 170 foot 15” RCP while HydroCAD shows a 170 foot 18” RCP. i. The outlet invert on the detail for Pond 101P is inconsistent with the plans and HydroCAD. j. Modify the 10-day HWL listed in the plans for Pond 102P, 103P, and 107P to match the HydroCAD output. 4. Emergency Overflow Routes: a. Provide a designated EOF section for 107P. 5. Retaining Walls: a. Not applicable. 6. Erosion Control: a. No comments. 7. Grading: a. From the grading plan, drainage area 1080S and 42S would drain to pond 107P in the proposed condition. Update model to reflect this, or revise grading to propose ditch drainage going to Beser property. Stormwater Management Plan: 8. General Storm Sewer Design: a. Storm sewer pipe runs must not exceed 300 feet. i. The following pipe runs are not in compliance. 1. CBMH 403-402 b. Include proposed storm sewer for draining 1070S to verify drainage area of 107P. 9. Water Quality: a. No comments. 10. Rate Control: Ms. Stephanie Smith August 20, 2020 Page 3 K:\015413-000\Admin\Docs\08202020 Review\015413-000-Emerald_Isle-08202020.docx a. Please verify if the submittal needs permits for creation of ponding on top of a gas line and over easement at 107P, and 103P. 11. Freeboard: a. Provide a minimum of 1 foot of freeboard from the basin HWL and the basement floor elevation. i. The following buildings are not in compliance. 1. Block 4, Lots 1, 2 b. Provide a minimum of 1.5 feet of freeboard from the Emergency Overflow Route and the Low Opening. i. The following buildings are not in compliance. 1. Block 4 lot 44 2. Block 6 Lots 1 c. Block 5 Lot 8-9 low openings are lower than the low point in the road. 12. Wetlands: a. No wetlands are shown on the plans. 13. Easements: a. Utility easements will be verified once storm sewer profiles are provided.