HomeMy WebLinkAbout6.g. Request for Final Plat Approval Meadow Ridge 4th Addition for US Homes Construction
EXECUTIVE SUMMARY
City Council Regular Meeting: November 17, 2020
AGENDA ITEM: Request for Final Plat Approval Meadow
Ridge 4th Addition for US Homes
Construction
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.g.
ATTACHMENTS: Resolution; Subdivision Agreement; Site
Location; Final Plat; Preliminary Plat 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 Meadow Ridge 4th Addition Final Plat,
subject to conditions.
2. Motion to Approve the Subdivision Development Agreement for Meadow Ridge 4th
Addition and Authorizing the Mayor and City Clerk to enter into this Agreement.
SUMMARY
Applicant: US Home Corporation (Lennar)
Comp. Guide Plan Designation: LDR – Low Density Residential
Current Zoning: R-1-PUD Low Density Residential within the Meadow Ridge
Planned Unit Development
Gross Area: 29.89 Acres
Net Area: 21.31 Acres
Lots/Units: 63 Single Family Lots
Gross Density: 2.11 units/acre
Net (Met Council) Density: 2.95 units/acre
The City Council is being asked to consider a Final Plat request from US Home Corporation (Lennar) for
Meadow Ridge 4th Addition to allow development of 63 single-family lots. This is the last phase of the
Meadow Ridge preliminary plat area. The final plat is necessary to facilitate subdivision of the property
into individual residential lots, outlots, and public streets. The Planning Commission and staff find the
application consistent with the Meadow Ridge preliminary plat and recommend approval of the
application subject to conditions.
PLANNING COMMISSION ACTION
The Planning Commission reviewed the proposed final plat on October 27, 2020 and unanimously voted
to recommend approval of the request as part of the Consent Agenda approval.
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BACKGROUND
The City Council reviewed and approved a preliminary plat and planned unit development (PUD) master
development plan for Meadow Ridge to allow 154 lots on 79.52 acres at its March 20, 2018, meeting. The
final plat for Meadow Ridge 1st Addition received Council approval in June of 2018 while the final plat for
2nd Addition was approved in November of the same year. Subsequently, the City Council approved the
3rd Addition of Meadow Ridge on October 22, 2019.
Meadow Ridge 4th Addition is comprised of all the lots north of 127th Street West that bisect the Meadow
Ridge development area. The lots within this addition are located in two sections. The smaller area of
development is in the southeast corner of the plat where 10 lots are accessed via a cul-de-sac that connects
with 127th Street West. The other, larger area of development is on the western portion of the plat where
the remaining 53 parcels are accessed by a loop road that includes a small cul-de-sac in the far northwest
portion of the site. The final plat also contains a Manage 1 wetland, which is the second highest rating in
terms of water quality and vegetative diversity. A condition of approval for the preliminary plat was that
wetlands be located within separate outlots that are then dedicated to the City. Consistent with City policy
that was adopted since the preliminary plat was approved, stormwater infrastructure is located within an
outlot which also contains the wetland and buffer area. The outlot shall be deeded to the City with
recording of the plat, which is listed as a condition of approval.
The initial phases of development were served by gravity sewer. This phase of development, along with a
portion of Meadow Ridge 3rd Addition are served by a temporary lift station that is located within the 127th
Street West right of way at the western boundary of the preliminary plat area. The lift station will be
removed when development occurs farther west and a permanent lift station is constructed.
ISSUE ANALYSIS
Legal Authority.
The final plat application is Quasi-Judicial because the City has a set of standards and requirements for
reviewing this type of application that is described in detail below. Generally, if the final plat meets the
ordinance requirements it must be approved.
Land Use and Zoning .
The proposed 63 lot single family development is consistent with the land use and zoning classifications for
the project area. The subject property is guided LDR – Low Density Residential and zoned R-1, Low
Density Residential with the Meadow Ridge Planned Unit Development (PUD). As a result, the property is
subject to all the standards of the R-1, Low Density Residential zoning districts as well as the standards for
detached single family units contained in the PUD. The Meadow Ridge PUD included several deviations
from the base R-1 zoning; the most notable include the following:
1. Section 11-4-5 F. 1. R -1 Minimum Lot Area: The minimum lot area shall be 7,800 square feet.
2. Section 11-4-5 F. 2. R-1 Minimum Lot Width: The minimum lot width shall be 65 feet.
3. Section 11-4-5 F. 4. R-1 Minimum Front Yard Setback: The minimum front yard setback shall be
25 feet.
4. Section 11-4-5 F. 5. R-1 Minimum Side Yard Setback: The minimum side yard setback shall be
7.5 feet.
5. Section 11-4-5 F. 9. R-1 Maximum Lot Coverage: The maximum lot coverage shall be forty-five
percent (45%) for lots less than 8,250 square feet in size, forty percent (40%) for lots between 8,250
square feet and 9,750 square feet, thirty-five percent (35%) for lots between 9,750 square feet and
11,250 square feet. The maximum lot coverage for lots over 11,250 shall remain at the R-1 standard
of thirty percent (30%).
Comparison of Lot Requirements and Standards
Category Standard R-1 Zoning Meadow Ridgr Greystone Falmoor Glen
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Min. Lot Size 10,000 sq. ft. 7,800 sq. ft. 8,600 sq. ft. 8,970 sq. ft.
Min. Lot Width 80 ft. 65 ft. 60 ft. 65 ft.
Min. Front Yard Setback 30 ft. 25 ft. 25 ft. 25 ft.
Min. Side Yard Setback 10 ft. 7.5 ft. 7.5 ft. 7.5 ft.
Min. Rear Yard Setback 30 ft. 30 ft. 25 ft. 25 ft.
Max. Lot Coverage 30% 30% to 45%a 35% to 40% 35% to 43%
a. A maximum lot coverage of forty-five percent (45%) for lots less than 8,250 square feet in size, forty percent (40%) for lots
between 8,250 square feet and 9,750 square feet, thirty-five percent (35%) for lots between 9,750 square feet and 11,250 square feet.
Overall, the final plat conforms to the R-1 district standards and the Meadow Ridge PUD requirements.
The smallest lot within the project phase is 7,800 square feet, of which there are six and the width of the
narrowest lot is 65 feet. Many of the other standards are enforced at building permit review when an
individual site survey is evaluated by the City.
Final Plat.
Standards for reviewing subdivision requests are detailed in Title 12 of the Rosemount City Code. This
section of the Code outlines the two-step Preliminary and Final Plat process for land subdivision. In this
case, the preliminary plat was approved by Council on March 20, 2018, consisting of 154 single-family lots.
The current application proposes to plat 63 single-family lots for Meadow Ridge 4th Addition and to
dedicate the easements necessary to construct the storm water retention area and other stormwater
infrastructure within the development area. The final plat is in substantial compliance with the approved
preliminary plat.
Parks and Open Space.
The Meadow Ridge 4th Addition creates 63 buildable lots from 29.89 acres. No parks are proposed within
the Meadow Ridge development area; therefore, staff is recommending the developer pay cash in lieu of
land to fulfill the parks dedication requirement. The total amount to be provided is $214,200 (63 units x
$3,400 per unit).
Landscaping.
The landscaping plan shows a total of 208 trees to be planted in Meadow Ridge 4th Addition. Trees in
excess of the amount required by the City Code are provided as replacement vegetation, consistent with
the applicant’s tree preservation plan. A landscaping surety in the amount of $68,640 shall be provided by
the applicant to ensure all trees survive at least one year from planting. The landscaping plan shows most
of the replacement trees being planted in the rear portions of the lots or adjacent to storm water
infiltration areas. The replacement trees are in addition to the required front yard trees.
Engineering.
The lots created by the final plat will be served by a temporary lift station in the southwest corner of the
subdivision. The 4th Addition will ultimately connect into a larger, permanent lift station further to the
west once the adjacent property is developed. The developer is responsible for a portion of the
improvements to Akron Avenue. For previous project phases, this amount has been calculated and paid
on a per lot basis by the developer. An engineer’s memo dated October 22, 2020, containing the
Department’s comments is included as an attachment.
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
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-120
A RESOLUTION APPROVING THE FINAL PLAT
FOR MEADOW RIDGE 4TH ADDITION.
WHEREAS, US Home Corporation, 16305 36th Ave North, Suite 600, Plymouth, MN (Applicant) has
submitted an application to the City of Rosemount for a Final Plat concerning property legally described as
follows:
The East Half of the Southwest Quarter of Section 15, Township 115, Range 19, Dakota
County, Minnesota Except that port thereof lying southerly of the following described line:
Commencing at the southwest corner of said East Half of the Southwest Quarter, thence on
on assumed bearing of North 00 degrees 17 minutes 26 seconds East, along the west line of
said East Half, a distance of 1503.99 feet to the point of beginning; thence South 89 degrees
42 minutes 34 seconds East, a distance of 215.00 feet; thence easterly a distance of 213.85
feet, along a tangential curve concave to the south having a radius of 715.00 feet and a
central angle of 17 degrees 08 minutes 11 seconds; thence South 72 degrees 34 minutes 23
seconds East tangent to said curve, a distance of 437.08 feet; thence southeasterly a distance
of 169.67 feet, along a tangential curve concave to the northeast having o radius of 635.00
feet, and a central angle of 17 degrees 07 minutes 55 seconds; thence South 89 degrees 42
minutes 18 seconds East tangent to said curve, a distance of 301.39 feet to the east line of
said East Half of the Southwest Quarter and there terminating.
And except:
The north 300.00 feet of the south 2059.3 feet of the east 290.4 feel of said East Half of the
Southwest Quarter.
And also except:
The north 300.00 feet of the south 2359.30 feet of the east 363.00 feet of said East Half of
the Southwest Quarter.
And also except:
That port of said East Half of the Southwest Quarter lying northerly and easterly of the
following described line;
Commencing at the northwest corner of said East Half of the Southwest Quarter; thence on
an assumed bearing of South 89 degrees 23 minutes 26 seconds East, along the north line of
said East Half of the Southwest Quarter, a distance of 636.41 feet, to the point of beginning;
thence South 39 degrees 31 minutes 00 seconds East, a distance of 395.46 feet to the north
line of the south 2359.30 feet of said East Half of the Southwest Quarter; thence South 89
degrees 24 minutes 13 seconds East along said north line, a distance of 442.31 feet to the
east line of said East Half of the Southwest Quarter and there terminating.
WHEREAS, on October 27th, 2020, the Planning Commission of the City of Rosemount reviewed the
Final Plat for Meadow Ridge 4th Addition; and
WHEREAS, on October 27th, 2020, the Planning Commission recommended approval of the Final Plat for
Meadow Ridge 4th Addition, subject to conditions; and
WHEREAS, on November 17th, 2020, the City Council of the City of Rosemount reviewed the Planning
Commission’s recommendations and the Final Plat for Meadow Ridge 4th Addition.
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NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Final Plat for Bella Vista 7th Addition, subject to the following conditions:
1. Execution of a subdivision agreement.
2. Drainage and utility easements with storm sewer infrastructure may contain fences but shall be
required to include gates to provide truck access; shall prohibit sheds or other accessory structures;
and shall prohibit landscaping that would impede drainage.
3. Outlot A shall be deeded to the City with the recording of the plat with the County.
4. Submission of $68,640 for Landscaping Surety.
5. Submission of $214,200 for Fee-in-Lieu of Park Dedication.
6. Payment of the developer’s share of improvements to Akron Avenue as calculated on a per lot basis
for Meadow Ridge.
7. Compliance with the conditions and standards within the City Engineer’s Memorandum dated
October 27, 2020.
ADOPTED this 17th day of November, 2020 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
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SUBDIVISION AGREEMENT
MEADOW RIDGE 4TH ADDITION
AGREEMENT dated this ________ day of ________________________, 2020, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and U.S. HOME CORPORATION, a
Delaware corporation, (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and
a plat of land to be known as Meadow Ridge 4th Addition, which land is legally described on
ATTACHMENT ONE, attached hereto and hereby made a part hereof (hereinafter referred to as the
“subject property”).
2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following
conditions:
a. Incorporation of recommendations of the City Engineer concerning design and installation of
public infrastructure and including grading, erosion control, streets and utilities.
b. Execution of a Subdivision or Development Agreement to secure the public and private
improvements.
c. Payment of all applicable fees including GIS, Park Dedication and other fees identified in the
current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses,
conservation areas, streets and utilities.
e. Payment of $103,545.09 for the Developer’s share of Akron Avenue improvements, as indicated
on ATTACHMENT TWO.
f. Provision of $68,640 for landscaping surety.
g. Payment of $214,200 for Fee-In-Lieu of Park Dedication
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
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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
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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,
2021, 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, 2022. 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 2021-03), 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, Seven Hundred, Ninety Six
Thousand, Six Hundred, Sixty-Eight Dollars ($1,796,668). The amount of the security was calculated
as follows:
Cost 110%
Grading & Erosion Control $104,615 $115,077
Pond Restoration and Erosion Control Removal $25,000 $27,500
Survey Monumentation $31,500 $34,650
Landscaping (208 trees) $62,400 $68,640
Street Lighting (6 lights) $24,000 $26,400
Cost 125%
Surface Improvements $509,039 $636,299
Water Main Improvements $209,391 $261,739
Sanitary Sewer Improvements $279,428 $349,285
Storm Sewer Improvements $221,663 $277,078
Total $1,467,036 $1,796,668
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.
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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 following the establishment
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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 $206,290 shall be
deposited with the City at the time this Agreement is signed, and represent the following amounts:
$121,952 Engineering Fees (10% of construction estimate)
$3,000 Attorney Fees
$60,976 5% City Fees (based on construction estimate of $1,219,521)
$1,728 Street Light Energy Cost
$3,780 GIS Fees
$900 Wetland Buffer Signs
$13,954 Seal Coating
$206,290 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 estimate, any
surplus funds will be returned to the developer when the project fund is reconciled and closed.
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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 $214,200.
B. Storm Sewer Trunk Area Charges in the amount of $166,820
C. Sanitary Sewer Trunk Area Charges in the amount of $32,132
D. Watermain Trunk Area Charges in the amount of $194,285
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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.
26. Miscellaneous.
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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 p romptly take legal
action to enforce this Agreement shall not be a waiver or release.
G. This Agreement shall run with the land and may be recorded against the title to the subject
property. The Developer shall take such steps, including execution of amendments to this
Agreement, as are necessary to effect the recording hereof. After the Developer has completed
the work required of it under this Agreement, at the Developer’s request, the City will execute and
deliver to the Developer a release.
H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every
other right, power or remedy, express or implied, now or hereafter arising, available to the City, at
law or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order
as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy.
I. The Developer may not assign this Agreement without the written permission of the City Council.
J. The Developer acknowledges that the City may issue additional requirements outside of the 2015
General Specifications and Standard Detail Plates for Street and Utility Construction or the 2008
Engineering Guidelines as the City is in the process of updating these documents. The review
process may require additional time and expense due to this process, which shall be the
Developer’s responsibility. The Developer shall not be billed for the time required for the City to
update and approve their revisions to the 2015 General Specifications and Standard Details Plates
for Street and Utility Construction or the 2008 Engineering Guidelines.
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27. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered
to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following
address:
MN Land Division
U.S. Home Corporation
16305 36th Avenue North, Suite 600
Plymouth, MN 55446
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or
mailed to the City by registered mail in care of the City Administrator at the following address:
City Administrator
Rosemount City Hall
2875 145th Street West
Rosemount, Minnesota 55068
[Remainder of page intentionally left blank.]
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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
U.S. HOME CORPORATION
BY:
Its
STATE OF MINNESOTA )
) SS
COUNTY OF _____________)
The foregoing instrument was acknowledged before me this ____ day of ______________________, 2020
by ____________________________, its __________________________, of U.S. Home Corporation, a
Delaware corporation, on behalf of said corporation.
Notary Public
Drafted By:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
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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 ($4,000 per light has been used to calculate
this cost).
Meadow Ridge 4th
EXHIBIT B (Page 1 of 2)
No. Item Cost 110% Calculation
1 Grading and Erosion Control 104,615$ 115,077$ $3500/ac x 29.89 acres, Minimum $25,000
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 31,500$ 34,650$ $500/lot x 63 lots
4 Retaining Wall -$ N/A
5 Landscaping 62,400$ 68,640$ Per City Planner (208 trees x $300)
6 Street Lights 24,000$ 26,400$ 6 lights x $4000/light
7 Surface Improvements 509,039$ 636,299$ 125%
8 Water Main Improvements 209,391$ 261,739$ 125%
9 Sanitary Sewer Improvements 279,428$ 349,285$ 125%
10 Storm Sewer Improvements 221,663$ 277,078$ 125%
Total 1,467,036$ 1,796,668$
No. Item Cost
Estimated Construction Cost 1,219,521$
1 Engineering Fees 121,952$
2 Attorney Fees 3,000$
3 5% City Administrative Fees 60,976$
4 Street Light Energy Cost 1,728$
5 GIS Fees 3,780$
6 Buffer Monumentation 900$
7 Trail Fog Seal -$
8 Seal Coating 13,954$
Total 206,290$
No. Item Cost
1 Storm Sewer Trunk Charge 166,819.50$
2 Sanitary Sewer Trunk Charge 32,131.75$
3 Water Trunk Charge 194,285.00$
4 Stormwater Ponding Fee
5 Park Dedication 214,200.00$
6 Cash deposit for Akron Ave Improvements 103,545.09$
Total 710,981.34$
Estimate
5% of Estimated Construction Cost ($1,219,521)
6 lights x 24 months x $12/month
$60/unit x 63 units, or $120/acre
N/A
18 signs x $50/sign
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
$6500/acre x 29.89 acres
$1.70/SY x 8208 SY
Development Fees (due before signed plat is released)
63 units x $3,400/unit
See Attachment Two
Calculation
$6865/net developable acre x 24.30 acres
$1075/acre x 29.89 acres
N/A
Block Lots Units Block Lot Units SQ FT Acres
1 32 32 1 1 1 15681 0.360
2 21 21 1 2 1 9750 0.224
3 10 10 1 3 1 9750 0.224
1 4 1 9750 0.224
1 5 1 9750 0.224
1 6 1 9750 0.224
Total 63 63 1 7 1 10152 0.233
1 8 1 10478 0.241
Total Plat Area = 29.89 acres 1 9 1 11742 0.270
Total Park Area = 0.00 acres 1 10 1 13632 0.313
Future Plat Area = 0.00 acres 1 11 1 16531 0.379
Developable Area = 29.89 acres * 1 12 1 15764 0.362
Ponding to HWL ** = 5.59 acres 1 13 1 30872 0.709
Net Developable Area = 24.30 acres 1 14 1 31074 0.713
1 15 1 24488 0.562
* Excludes future plat and park areas 1 16 1 15222 0.349
1 17 1 9873 0.227
calculated when Outlot A is platted 1 18 1 8959 0.206
1 19 1 9170 0.211
1 20 1 9222 0.212
1 21 1 10344 0.237
1 22 1 10344 0.237
1 23 1 8644 0.198
1 24 1 8801 0.202
1 25 1 7902 0.181
1 26 1 7800 0.179
1 27 1 7800 0.179
1 28 1 7800 0.179
1 29 1 7800 0.179
1 30 1 7800 0.179
1 31 1 7800 0.179
1 32 1 12070 0.277
2 1 1 12244 0.281
2 2 1 8691 0.200
2 3 1 8993 0.206
2 4 1 9296 0.213
2 5 1 9599 0.220
2 6 1 9894 0.227
2 7 1 9849 0.226
2 8 1 10190 0.234
2 9 1 9350 0.215
2 10 1 8772 0.201
2 11 1 10513 0.241
2 12 1 11939 0.274
2 13 1 11524 0.265
2 14 1 11312 0.260
2 15 1 10597 0.243
2 16 1 9826 0.226
2 17 1 9529 0.219
2 18 1 9232 0.212
2 19 1 8935 0.205
2 20 1 8638 0.198
2 21 1 12135 0.279
3 1 1 14046 0.322
3 2 1 12407 0.285
3 3 1 14034 0.322
3 4 1 17013 0.391
3 5 1 16552 0.380
3 6 1 22443 0.515
3 7 1 23851 0.548
3 8 1 11967 0.275
3 9 1 11936 0.274
3 10 1 16358 0.376
Outlot A 373904 8.584
ROW 169954 3.902
Total Boundary 1302038 29.891
Meadow Ridge 4th
EXHIBIT B (Page 2 of 2)
Totals
** Excludes ponding in Outlot A, which will be
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ATTACHMENT ONE
MEADOW RIDGE 4TH ADDITION
Final Plat
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
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ATTACHMENT TWO
Akron Avenue Improvements – Developer Cost
Developer Share (per engineer’s estimate) $253,110
Total Number of Lots 154
Cost Per Lot $1,643.57
Meadow Ridge 1st Addition (34 lots) $55,881.38
Meadow Ridge 2nd Addition (29 lots) $47,663.53
Meadow Ridge 3rd Addition (28 lots) $46,020
Meadow Ridge 4th Addition (63 lots) $103,545.09
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
WETLAND E
POND 200
POND 100
WETLAND B
POND 300
OUTLOT A
OUTLOT B
00-ENG-117254-SHEET-PLAT
4PRELIMINARY PLAT
c
23OFMEADOW RIDGE
ROSEMOUNT, MINNESOTA
LENNAR
16305 36TH AVENUE NORTH
12-19-2017
BNM/PJC
BNM/MSN
Name
Reg. No.Date
Revisions
1. 01-19-18 City Comments Date
Designed
Drawn
2018 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
12-19-2017 PLYMOUTH, MINNESOTA 55446
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Professional Surveyor
under the laws of the State of Minnesota 42299
Peter J. Hawkinson 2. 02-09-18 City Comments3. 02-21-18 City Comments