HomeMy WebLinkAbout6.k. Request by Copper Creek Development for Final Plat Approval to construct Dunmore 3rd Addition
EXECUTIVE SUMMARY
City Council Regular Meeting: June 15, 2021
AGENDA ITEM: Request by Copper Creek Development
AGENDA SECTION:
for Final Plat Approval to construct
Consent
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Dunmore 3 Addition.
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.k.
ATTACHMENTS: Resolution; Subdivision Agreement; Site
Location; Final Plat; Preliminary Plat;
Grading Plan; Landscape Plan; Parks
and Recreation Director’s Memo dated APPROVED BY: LJM
May 17, 2021; Engineer’s Memo dated
May 20, 2021.
RECOMMENDED ACTION:
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1. Motion to adopt a resolution approving the Dunmore 3 Addition Final Plat, subject
to conditions.
2. Motion to approve the subdivision agreement between the City of Rosemount and
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Copper Creek Development to construct Dunmore 3 Addition.
SUMMARY
Applicant: Copper Creek Development, LLC.
Comp. Guide Plan Designation: TR-Transitional Residential
Current Zoning: R-1, Low Density Residential with the Dunmore Planned Unit
Development (R-1: PUD)
Gross Area: 8.72 Acres
Net Area: 8.72 Acres
Lots/Units: 32 Single Family Lots
Gross Density: 3.66 units/acre
Net (Met Council) Density: 3.66 units/acre
Copper Creek Development has submitted an application for approval of a Final Plat for the third and
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final phase of Dunmore, a development located west of South Robert Trail, south of 132 Street West,
and east of Glendalough. The final plat creates 32 new single-family lots within 8.72 acres of land.
Additionally, land is dedicated in the final plat for a neighborhood park. The proposed final plat is
consistent with the Dunmore Preliminary Plat and the Comprehensive Plan. Staff and the Planning
Commission recommend the approval of the request, subject to conditions detailed in the motion above.
PLANNING COMMISSION ACTION
The Planning Commission reviewed this request at its meeting on May 25, 2021. The Commission voted
unanimously, as part of its consent agenda, to recommend the City Council approve the request.
BACKGROUND
In June of 2015, Copper Creek Development received approval from the City Council for a preliminary
plat, Planned Unit Development (PUD) master development plan with rezoning, and zoning ordinance
amendment for the 87 single-family-lot Dunmore development. Subsequently, the applicant received
approval for the final plat of the first phase of development of Dunmore in June of 2017 and the second
phase in April of 2018. This third phase is the final phase of development in Dunmore. This phase will
contain a small “pocket park” within a parcel along South Robert Trail. The land for the park has been
dedicated on the final plat.
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 subdivision of 32 single-family lots is consistent with the current land use and zoning
classifications. The subject property is guided TR-Transitional Residential and zoned R1 PUD-Low
Density Residential Planned Unit Development. Therefore, the property is subject to all the standards of
the R1-Low Density Residential zoning district in addition to the standards for single family detached units
contained in the approved Dunmore PUD. The Planned Unit Development that was approved in June of
2015 contained the following deviations from the R1 standards: the allowance of two car garage designs;
reduction in the minimum lot size for interior lots from 10,000 square feet to 7,000 square feet, and 12,000
square feet to 8,750 square feet for corner lots; reduction in the minimum lot width for interior lots from 80
feet to 60 feet, and 95 feet to 77.5 feet for corner lots; reduction in the front yard setback from 30 feet to 25
feet for Blocks 1 and 3 of the preliminary plat, and twenty feet for Block 2 of the preliminary plat; reduction
in the side yard setback from 10 feet to 7.5 feet; and the increase of the maximum lot coverage tiered from
30% to 45% depending upon lot size. The PUD also removes the requirement of increased setbacks from
South Robert Trail (Minnesota Highway 3). An additional provision allows the cul-de-sac on Caffrey Court
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in the 2 Addition to exceed the maximum length of 700 feet allowed for cul-de-sacs and dead-end streets
by 150 feet. These lot standards are shown in the table on the next page.
R-1 Low Density Dunmore PUD Zoning
Residential Zoning Standards
Minimum Lot Width 80 Feet 60 Feet
Minimum Lot Size 10,000 Square Feet 7,000 Square Feet
a
Minimum Front Yard Setback 30 Feet 20 to 25 Feet
Minimum Side Yard Setback 10 Feet 7.5 Feet
Minimum Rear Yard Setback 30 Feet 30 Feet
b
Maximum Lot Coverage 30% 30% to 45%
a
Block 2 lots only would be 20 ft. front setback, all others would be 25 ft.
b
For lots with areas less than 8,250 SF, maximum lot coverage would be 45%
For lots with areas greater than 8,250 SF, but less than 9,750 SF, maximum lot coverage would be 40%
For lots with areas greater than 9,750 SF, but less than 11,250 SF, maximum lot coverage would be 35%
For lots with areas greater than 11,250 SF, maximum lot coverage would be 30%
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Final Plat
Standards for reviewing subdivision requests are detailed in Title 12 of the Rosemount City Code. This
section of the Code outlines the two-step process for land subdivision. This process includes approval of
the Preliminary Plat and the Final Plat. In this case, the preliminary plat was approved on June 16, 2015
creating 90 lots for future development, three of which are to be dedicated for a park. The final plat
contains 32 lots for the construction of single-family homes.
Landscaping
The landscaping plan approved in 2015 included a high number of trees beyond the City Code
standard of one tree per interior lot and two trees per corner lot. This is due to the fact a significant
number of trees were removed to accommodate the development and the additional trees are
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provided as replacement. The lots within Dunmore 3 Addition shall be planted with at minimum 2
trees. The lots in block three generally all feature two trees in the front yard and a single tree in the
rear, except for those lots located on corners. Lots backing up to South Robert Trail will all feature
extensive landscaping along the rear of the lots to provide some screening from the highway. Finally,
in addition to the trees in the front yards, lots that back up to the stormwater pond also contain trees
planted along the rear parcel boundaries. A surety in the amount of 110% of the cost of the
landscaping ($300 per tree x 110% = $57,090) is required as a condition of approval.
Parks and Open Space
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The Dunmore 3 Addition creates 32 buildable lots from 8.72 acres. Land for the neighborhood park
located between Cadogan Way and South Robert Trail is being dedicated with this phase of development.
The parks dedication requirement for 32 units is 1.28 acres of land or cash in lieu of land. Staff is
recommending that the City collect a combination of cash in-lieu of land and land to satisfy the parks
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dedication requirements for the 3 Addition Final Plat. With the outlot being dedicated as .592 acres of
land, the remaining dedication would be $65,360 (.688 acres of land x $95,000).
Engineering Comments
The City Engineer has provided a memo with comments related to this subdivision. Utilities will be
provided by the existing stubs in Cadogan Way and sewer and water will be provided to the park.
Stormwater will flow to the ponding and infiltration area that was constructed with the first phase of this
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development and located directly south of Dunmore 3 Addition. Because that infiltration area is not
functional due to an illicit discharge of sediment-laden water from a road cut during the development of
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the 2 phase of Dunmore in the summer of 2019, staff is recommending no building permits be issued for
this phase until the basin is repaired/restored. A condition related to this is included in the attached
resolution.
CONCLUSION AND RECOMMENDATION
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The Planning Commission and staff recommend approval of the Final Plat for Dunmore 3 Addition
creating 32 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.
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-XX
A RESOLUTION APPROVING A FINAL PLAT
FOR DUNMORE 3rd ADDITION
WHEREAS, Copper Creek Development, LLC., 14198 Commerce Avenue NE, Prior Lake, MN
(Applicant) has submitted an application to the City of Rosemount (City) for a Final Plat concerning
property legally described as follows:
Outlot B, DUNMORE 2nd Addition, according to the recorded plat thereof, Dakota County,
Minnesota
WHEREAS, on May 25, 2021, the Planning Commission of the City of Rosemount reviewed the
Final Plat for Dunmore 3rd Addition; and
WHEREAS, on May 25, 2021, the Planning Commission recommended approval of the Final Plat
for Dunmore 3rd Addition, subject to conditions; and
WHEREAS, on June 15th, 2021, the City Council of the City of Rosemount reviewed the Planning
Commission’s recommendations and the Final Plat for Dunmore 3rd Addition; and
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Final Plat for Dunmore 3rd Addition, subject to the following conditions:
1.Execution of a Subdivision Agreement.
2.Trees installed on individual lots shall be planted in a location that does not interfere
with curb stops or individual sewer or water connections.
3.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.
4.The final plat shall be updated so that the drainage and utility easement along the rear of
lots in Blocks 1 and 2 should matches the width of the trail easement located in those
parcels.
5. Provision of $57,090 as a landscaping security.
6. Payment of $65,360 for fee-in-lieu of Park Dedication.
7.Compliance with the conditions and standards within the Park and Recreation Director’s
Memorandum dated May 18, 2021.
8.Compliance with the conditions and standards within the City Engineer’s Memorandum
dated May 20, 2021.
9.No building permits shall be issued for Dunmore 3rd Addition until repairs are made to
the infiltration basin that is nonfunctional due to a discharge of sediment-laden water
during the construction of the second phase of development.
ADOPTED this 15th day of May, 2021, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
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ATTEST:
___________________________________
Erin Fasbender, City Clerk
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SUBDIVISION AGREEMENT
Dunmore Third Addition
AGREEMENT dated this ________ day of ________________________, 2021, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and COPPER CREEK DEVELOPMENT,
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 (the
“Land”) and a plat of Land to be known as Dunmore Third Addition (the “Plat”), which Land and 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 Agreement to secure the public and private improvements.
c. Payment of all applicable fees including G.I.S., Park Dedication and other fees identified in the
current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, trails,
underpasses, conservation areas, streets and utilities. Conservation easements are required over
all stormwater ponds, infiltration basins, wetlands, and buffers. Signage for these easements
shall be provided by the Developer and an extended five (5) year maintenance warranty shall be
required to ensure the establishment of these areas. Costs associated with the establishment and
maintenance of the naturally-vegetated areas shall be a cost of the Developer.
e. Payment for the Developer’s share of the cost of the 132nd Street West Improvements, which is
$121,325 based on the awarded contract at the time of execution of this Agreement. Developer
will be obligated to pay its share of the cost of the 132nd Street West Improvements in accordance
with Section 20 below.
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; provided, however, the City agrees that, to the extent provisions of this Agreement set forth rights
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or obligations relating to future phases of the development of the Subject Property, any Subdivision
Agreements for such future phases will incorporate these provisions.
4. Effect of Subdivision Approval. For four (4) 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 of the Land unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the
contrary, to the full extent permitted by state law, the City may require compliance with any amendments
to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted
after the date of this Agreement.
5. Development Plans. The Subject Property shall be developed in accordance with the following plans,
specifications and contract documents, original copies of which are and/or will be on file with the City
Engineer (the “Development Plans”). The Development Plans may be prepared, subject to City
approval, after entering this Agreement, but before commencement of any work on the Subject
Property. If the Development Plans vary from the written terms of this Agreement, the written terms
shall control. The Development 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 Infrastructure Improvements to be Installed by
Developer and Turned Over to City
Plan E - Grading Plan and House Pad Elevations
Plan F - Street Lights
Plan G - Landscape Improvements
Notwithstanding the foregoing, the Development Plans may be supplemented, modified, or repla ced
at any time with new plans approved by the City Engineer. All Improvements, including Developer
Improvements, that lie within the public right-of-way or easements and are improvements listed in
Minnesota Statutes, Section 429.021 (hereinafter “Public Improvements”) will be designed by the City
Engineer at Developer’s expense. The City Engineer will prepare plans and specifications for Public
Improvements and will perform all construction administration for the Public Improvements, all at
Developer expense. Construction administration includes, but is not limited to, inspection,
documentation, as-builts, surveying, field staking, testing and monitoring.
6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, hereinafter referred to as the “Developer Improvements”:
A. Surveying and staking
B. Surface improvements (paved streets, sidewalks, trails, etc.)
C. Water main improvements
D. Sanitary sewer improvements
E. Storm sewer improvements
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F. Setting of lot and block monuments
G. Gas, electric, telephone, and cable lines
H. Site grading
I. Landscaping
J. Streetlights
K. Retaining walls
L. Other items as necessary to complete the development as stipulated herein or in other
agreements
With respect to the improvements referenced in items (B), (C), (D), and (E) of this Section, these Public
Improvements will be installed generally as depicted in the Development Plans, subject to the City
Engineer’s creation of the final plans and specifications for such Public Improvements.
7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph
6 that are included within the Third Phase of the development of the Subject Property (the “Third
Phase”) by December 30, 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. The completion dates for the
improvements required for future phases of the development of the Subject Property will be established
in the Subdivision Agreements for such phases.
8. [This Section Intentionally Left Blank]
9. [This Section Intentionally Left Blank]
10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement,
payment of all costs of all Developer Improvements required for the Third Phase, and construction of
all Developer Improvements (as noted in Paragraph 6) for the Third Phase, the Developer shall furnish
the City with a cash deposit or irrevocable letter of credit from a local bank (“security”) in the amount
of Eight Hundred Seventy-Two Thousand, Five Hundred Sixty-Three Dollars ($872,563). Security for
any future phases of the development of the Subject Property will be established in the Subdivision
Agreements for such phases. The amount of the Security for the Third Phase was calculated as follows:
Cost 110%
Grading & Erosion Control $30,517 $33,568
Pond Restoration and Erosion Control Removal $25,000 $27,500
Survey Monumentation $16,000 $17,600
Landscaping (173 trees) $51,900 $57,090
Street Lighting (3 lights) $12,000 $13,200
Cost 125%
Surface Improvements $262,864 $328,580
Water Main Improvements $119,162 $148,953
Sanitary Sewer Improvements $105,208 $131,510
Storm Sewer Improvements $91,650 $114,563
Total $714,301 $872,563
Refer to Exhibit A and Exhibit B for an explanation of each item.
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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 the 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. With City approval, the letter of credit may
be reduced from time to time as financial obligations are paid and developer-installed improvements
completed to the City’s requirements.
11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and approved
by the City Engineer. The completion of grading activities will need to be coordinated by the City in
conjunction with the City’s installation of utilities, if any. 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 included within the approved Development Plans 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 during
the installation of the Public 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 use reasonable
efforts 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 after Developer’s receipt of
an invoice for such work, 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
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with the erosion control requirements.
14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans included within the
Development Plans. All naturally-vegetated areas shall be established by the Developer and maintained
with a five (5) year maintenance period. Costs associated with the establishment of the naturally-
vegetated areas and the five (5) year maintenance period shall be a cost of the development.
15. Retaining Walls and Fences. Retaining walls and fences, if any, within the Third Phase that are
identified within the Development Plans shall be installed by the Developer with mass grading for the
Third Phase. Retaining walls and fences, if any, identified within the plans for future phases of the
development of the Subject Property shall be installed at the time of mass grading of such future phases.
All retaining walls and fences shall be owned and maintained by the Developer or individual property
owner.
16. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction work
by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and determine
whether it is necessary to take additional measures to clean dirt and debris from the streets. After a 24-
hour verbal notice to the Developer and the Developer’s failure to clean any dirt or debris from the
streets as required by the City, the City will complete or contract to complete the clean-up at the
Developer’s expense in accordance with the procedures specified in Paragraph 13. The Developer shall
inspect and, if necessary, clean all catch basins, sumps, and ponding areas of erosion/siltation and restore
to the original condition at the end of home construction within this development. All silt fence and
other erosion control should be removed following the establishment of turf. These items are to be
secured through the letter of credit as is noted in Exhibit A.
17. Ownership of Improvements. Upon completion and City acceptance of the work and construction
required by this Agreement, the Developer 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.
18. Warranty. The Developer warrants all work required to be performed by it against poor material and
faulty workmanship for a period of two (2) years after its completion and acceptance by the City or such
longer period as is specified in plans and specifications prepared by the City Engineer for Developer
Improvements that are Public Improvements. All trees, grass and sod shall be warranted to be alive, of
good quality and disease free for twenty-four (24) months after planting. Vegetation surrounding ponds
and/or wetlands shall be warranted to be alive, of good quality and weed free for five (5) 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.
19. 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 expenses relating to the creation
of plans and specifications for the Public Improvements, engineering and inspection expenses
incurred in connection with approval and acceptance of the subdivision and the Plat, the
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preparation of this Agreement and any amendments hereto, and all costs and expenses incurred
by the City in monitoring and inspecting the development of the Subject Property.
B. The Developer shall hold the City and its officers and employees harmless from claims made by
itself and third parties for damages sustained or costs incurred resulting from development of the
Subject Property. The Developer shall indemnify the City and its officers and employees for all
costs, damages or expenses that the City may pay or incur in consequence of such claims, including
attorney’s fees.
C. 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.
D. The Developer shall reimburse the City for costs incurred in the preparation and enforcement of
this Agreement, including engineering and attorney’s fees, and will pay the other City fees
identified in this Section. The estimated City fees of $100,473, subject to adjustment as set forth
below, shall be deposited with the City at the time this Agreement is signed, and represent the
following amounts:
$578,884 Estimated Construction Cost
$57,888 Construction Monitoring Fees (10%)
$3,000 Attorney Fees
$28,944 5% City Fees (based on engineer’s estimate of $578,884)
$2,160 Street Light Energy Cost
$1,920 GIS Fees
$6,560 Seal Coating Expense
($25,000) Deposit Received 05/06/2021
$100,473 Total Amount Due
If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City
within ten (10) days of the request. If actual City fees are lower than this estimate, any surplus
funds will be returned to the Developer when the project fund is reconciled and closed.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt development work and construction including, but not limited to, the issuance of building
permits for lots that the Developer may or may not have sold, until the bills are paid in full. Bills
not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%) per year.
F. The Developer shall pay all energy costs for street lights installed within the Third Phase for 24-
months at a cost of $30/month/light. After that, the City will assume the energy costs. The
“Street Light Energy Cost” identified in the table in Section 19(D) above represents the total
amount payable by the Developer to the City for energy costs for street lights within the Third
Phase.
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G. The Developer will pay the cost of sealcoating the streets within the Third Phase at a cost of
$1.70/SY. The sealcoating will be completed within three (3) years following wear course
placement. The “Seal Coating Expense” identified in the table in Section 19(D) above represents
the total amount payable by the Developer to the City for seal coating the streets within the Third
Phase.
20. Fees and Charges for Third Phase. The Developer agrees to pay fees, charges and assessments set
forth in this Section relating to the Third Phase as set forth below. Unless indicated otherwise, the
Developer will pay the following fees allocable to each lot within the Third Phase at or before the time
the City issues a building permit for a building on each such lot:
A. Park dedication fees in the amount of $65,360 or $2,042.50/lot and dedication of 0.592 acres of
park land.
B. Storm Sewer Trunk Area Charges in the amount of $39,386.32 or $1,230.82/lot. The $55,798.72
due with the Third Phase will be covered by the remaining $16,412.40 credit for the construction
of the trunk storm sewer forcemain (Exhibit C), plus $15,744.05 of the remaining stormwater
ponding credit as described in Section 22. The stormwater ponding credit remaining for future
phases is $16,412.40.
C. Sanitary Sewer Trunk Area Charges in the amount of $8,738 or $273.06/lot.
D. Watermain Trunk Area Charges in the amount of $52,832 or $1,651.00/lot.
E. Developer’s share of the cost of the 132nd Street West Improvements allocable to each of the 32
lots within the Third Phase. The Developer share of the 132nd Street West Improvements is
$121,325 based on the awarded contract. At total of $38,720.40 being collected with the First
Phase; therefore, the portion of the costs allocable to each lot in the Third Phase and all remaining
phases will be $1,449.20 ($82,604.60 / 57 remaining lots in the Development). For the Third
Phase that is 32 lots at $1,449.20/lot or $46,374.40.
21. Fees and Charges for Future Phases. Except for the remainder of the Developer’s share of the cost
of the 132nd Street West Improvements, which will be paid as set forth herein, the fees, charges, and
assessments payable in connection with future phases of the development of the Subject Property will
be established in the Subdivision Agreements for such future phases based upon the amounts of such
fees, charges, and assessments in effect at the time of plat approval for such phases.
Notwithstanding anything in this Agreement to the contrary, the remaining balance of the cost for the
132nd Street West Improvements not paid in connection with the First and Second Phases will be
allocated to the future phases of the development of the Subject Property based upon the number of
buildable lots within each such phase. The amount of the costs allocable to each lot within each such
future phase will be payable at or before the time the City issues a building permit for a building on each
such lot. In the event the Developer fails to record a final plat for any portion of the Subject Property
on or before the date that is four (4) years following the date of this Agreement, the City may specially
assess the portion of the cost of the 132nd Street West Improvements allocable to such unplatted portion
of the Subject Property against such property.
22. Pond Construction Credit. The City and the Developer acknowledge and agree that certain of the
storm water improvements, such as ponding and related infrastructure (collectively, the “Regional Storm
Water Improvements”) that the Developer is constructing and installing in connection with the
Development of the Subject Property have been designed to provide storm water storage and treatment
both for the Subject Property and for parcels of property other than the Subject Property. In exchange
for the Developer’s agreement to construct the Regional Storm Water Improvements, as such
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improvements are identified in the Development Plans, the City has agreed to reimburse the Developer
for a portion of the cost of such improvements. The City hereby agrees to pay the Developer $87,557
to reimburse it for a portion of the cost of the Regional Storm Water Improvements (the “Pond
Construction Credit”); provided, however, in the event it is determined at the time of the construction
of the Regional Storm Water Improvements that the actual infiltration rates of the Subject Property do
not match the rates used in the design of the Regional Storm Water Improvements and, as a result of
this discrepancy, the size of the infiltration area needs to be increased, the Pond Construction Credit will
be increased proportionately, using the same methodology as the parties used to calculate the initial Pond
Construction Credit, to also reimburse the Developer for a portion of the additional costs it will incur to
increase the size of the infiltration area. The Developer used $55,400.55 of the Pond Construction Credit
to satisfy the Storm Sewer Trunk Area Charges payable with the First Phase, and will use $15,744.05 of
the remaining $32,156.45 Pond Construction Credit to satisfy a portion of the Storm Sewer Trunk Area
charges in the Second Phase. The remaining credit of $16,412.40 is being used with the Third Phase for
a total Stormwater Trunk fee of $39,386.32.
23. 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 rat es for each of these items
will be set according to the current rate structure at the time the building permit is received. The fees,
charges, and assessments in effect as of the date of this agreement are:
A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is
$2,485).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single family
currently at $770; multi-family currently at $290 per housing unit).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200/SAC unit).
D. Water Availability Charges per SAC unit (currently at $2,400/SAC unit for single family residential
and multi-family residential).
24. 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, except as provided below.
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 are in and approved by the City, unless otherwise
authorized in writing by the City Engineer. Notwithstanding the foregoing, the City agrees to issue a
building permit for one (1) model home within the Third Phase prior to the completion of the items
identified in subparagraphs (A) – (D) above. However, the City’s issuance of a permit is conditioned
upon the Developer’s submission of plans to the City showing acceptable public road access and
provisions for fire safety, including an adequate water source.
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25. 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.
26. Verification of Final Payment. At project completion, Developer shall submit to the City a copy of
the final contractor pay voucher with an itemized summary of the construction costs. No securities will
be fully released until this information is submitted and accepted by the City Engineer.
27. 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.
28. 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
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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.
29. 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:
Greg Schweich
Copper Creek Development, LLC
14190 Commerce Avenue NE, Suite 500
Prior Lake, MN 55372
With a copy to:
Brian S. McCool
Fredrikson & Byron P.A.
200 South 6th Street, Suite 4000
Minneapolis, MN 55126
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
[SIGNATURE PAGE FOLLOWS]
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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 ____________________, 2021,
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
COPPER CREEK DEVELOPMENT, LLC
BY:
Its President
STATE OF MINNESOTA )
) SS
COUNTY OF _____________)
The foregoing instrument was acknowledged before me this _____ day of ______________________, 2021
by ___________________________________, the President of Copper Creek Development, LLC, a
Minnesota limited liability company, on behalf of said company.
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.
Retaining Walls – An amount equal to 110% of the cost to complete the retaining wall construction.
Street Lighting – An amount equal to 110% of the cost to complete the minimum required lighting. If
additional lighting is planned, a surety for that cost is not required ($4,000 per light has been used to calculate
this cost).
Buffer Monumentation – An amount equal to 110% of the cost to manufacture and install the necessary
buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this cost).
Park Equipment – An amount equal to 110% of the cost of improvements agreed upon to be completed in
the park areas.
Wetland Monitoring – An amount equal to 110% of the cost to hire a wetland specialist to monitor the
mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City.
Wetland Restoration/Mitigation – An amount equal to 110% of the cost to develop new wetlands should the
mitigation not be effective ($20,000 per acre of mitigation).
Dunmore 3rd
EXHIBIT B (Page 1 of 2)
No. Item Cost 110% Calculation
1 Grading and Erosion Control 30,517$ 33,568$ $3500/ac x 8.719 acres. Minimum $25,000
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 16,000$ 17,600$ $500/lot x 32 lots
4 Landscaping 51,900$ 57,090$ Per City Planner (173 trees x $300)
5 Street Lights 12,000$ 13,200$ $4000/light x 3 lights
6 Surface Improvements 262,864$ 328,580$ 125%
7 Water Main Improvements 119,162$ 148,953$ 125%
8 Sanitary Sewer Improvements 105,208$ 131,510$ 125%
9 Storm Sewer Improvements 91,650$ 114,563$ 125%
Total 714,301$ 872,563$
No. Item Cost
Estimated Construction Cost 578,884$
1 Engineering Fees 57,888$
2 Attorney Fees 3,000$
3 5% City Administrative Fees 28,944$
4 Street Light Energy Cost 2,160$
5 GIS Fees 1,920$
6 Seal Coating 6,560$
7 Deposit Received 05/06/2021 (25,000)$
Total 100,473$
No. Item Cost
1 Storm Sewer Trunk Charge 39,386.32$
2 Sanitary Sewer Trunk Charge 8,737.60$
3 Water Trunk Charge 52,832.00$
4 132nd Street West Improvements 46,374.40$
5 Park Dedication 65,360.00$
Total 212,690.32$
$6500/acre x 8.128 acres
$1.70/SY x 3,859 SY
Development Fees (due before signed plat is released)
(32 units x 0.04 x $95,000) - (0.592 x $95,000)* = $65,360;
*0.592 acres dedicated for park
Calculation
$6865/net developable acre x 8.128 acres - remaining SW credit of
$16,412.40 for a total of $39,386.32
$1075/acre x 8.128 acres
Based on the awarded contract, the total Developer assessment is
$121,325. $38,720.40 collected with the First Phase. Leaving
$82,604.60 left to be distributed among the 57 remaining lots
($1,449.20 per lot). For Third Phase that is 32 x $1,449.20
10% of Estimated Construction Cost
Letter of Credit for Developer Improvements (due with signed agreement)
City Fees (due with signed agreement)
Calculation
Engineer's Estimate
Estimate
5% of Estimated Construction Cost
3 lights x 24 months x $30/month
$60/unit x 32 units, or $120/acre
Block Lots Units Block Lot Units SQ FT Acres
1 9 9 1 1 1 7853 0.180
2 10 10 1 2 1 7864 0.181
3 13 13 1 3 1 11147 0.256
1 4 1 15643 0.359
1 5 1 14511 0.333
1 6 1 9779 0.224
Total 32 32 1 7 1 8680 0.199
1 8 1 8694 0.200
Total Plat Area = 8.719 acres 1 9 1 8706 0.200
Total Park Area = 0.591 acres 2 1 1 8431 0.194
Future Plat Area = 0.000 acres 2 2 1 8354 0.192
Developable Area * = 8.128 acres 2 3 1 8277 0.190
Ponding to HWL = 0.000 acres 2 4 1 8208 0.188
Net Developable Area =8.128 acres 2 5 1 8201 0.188
2 6 1 9325 0.214
* Excludes future plat and park areas (all outlots) 2 7 1 14965 0.344
2 8 1 11365 0.261
2 9 1 9592 0.220
2 10 1 7800 0.179
3 1 1 8964 0.206
3 2 1 7162 0.164
3 3 1 7116 0.163
3 4 1 7071 0.162
3 5 1 7082 0.163
3 6 1 7126 0.164
3 7 1 7171 0.165
3 8 1 7215 0.166
3 9 1 7259 0.167
3 10 1 7304 0.168
3 11 1 7342 0.169
3 12 1 7318 0.168
3 13 1 9063 0.208
0.000
Park 25752 0.591
ROW 69469 1.595
Total Boundary 379809 8.719
Dunmore 3rd
EXHIBIT B (Page 2 of 2)
Totals
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ATTACHMENT ONE
Dunmore Third Addition
Final Plat
MEMORANDUM
To: Adam Kienberger, Community Development Director
Kyle Klatt, Senior Planner
Anthony Nemcek, Planner
Brian Erickson, City Engineer/Public Works Director
From: Dan Schultz, Parks and Recreation Director
Date: May 18, 2021
Subject: Dunmore 3rd Addition Final Plat
Parks and Recreation staff recently reviewed the plans for the Dunmore 3rd Addition Final Plat and
has the following recommendations:
• The parks dedication requirement for 32 units is 1.28 acres of land or cash in lieu of land.
• Staff is recommending that the City collect a combination of cash in-lieu of land and land to
satisfy the parks dedication requirements for the 3rd Addition Final Plat. With the outlot
being dedicated as .592 acres of land, the remaining dedication would be $65,360 (.688 acres
of land x $95,000).
• Per City code, the City must have received warranty deed or equivalent for dedicated park
property before final plat is approved.
• Per City Code the land to be dedicated for public park or trail shall be brought to a suitable
condition by the subdivider in accordance with City policy. All disturbed areas shall have
topsoil restored, be regraded with turf established according to specifications provided by
the City.
Please let me know if you have any questions about this memo.
\\rsm-file\Planning\2021\Planning Cases\21-17-FP Dunmore 3rd Addition Final Plat\Memorandum - Final Plat Review.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM Memorandum
To: Anthony Nemcek, Planner
CC: Adam Kleinberg, Community Development Director
Stacy Bodsberg, Planning & Personnel Secretary
Brian Erickson, Director of Public Works/City Engineer
From: Tim Hanson, WSB Engineering Consultant
Date: May 20, 2021
Re: Dunmore Third Addition - Final Plat - Construction Plan Review
WSB Project No. 017930-000
SUBMITTAL:
The final plat application for Dunmore Third Addition has been submitted by Rehder & Associates
of Egan for Copper Creek Partners. Engineering review comments were generated from the plat
documents and construction plans consisting of:
• Dunmore Third Addition Final Plat, not signed or dated
• Dunmore Third Addition Final Grading, Drainage & Erosion Control Plan, Road Profile
Plan, Sanitary Sewer, Watermain, Storm Sewer & Street plans for CNC Development IV,
LLC. Signed by a Professional Engineer and dated 7-6-2017.
General Comments – Final Plat
Dunmore Third Addition is the last addition of the Evermoor Place preliminary plat which was
reviewed and approved in 2015. Dunmore Third Addition is located adjacent to TH 3 and south
of 132nd Street. The plat extends east from Dunmore Addition extending the local street of
Cadogan Way from Caffrey Avenue looping back onto Caffrey Avenue. Dunmore Third Addition
consists of 32 single family residential lots and a Park parcel. A trail alignment is located along
the north and east sides of the plat. A trail easement was dedicated over the trail alignment with
previous development agreements.
1. A drainage and utility easement should be placed over the entire length and
width of the trail easement, so the final plat shows all areas encumbered by
easement.
2. The development fees are indicated below based on the 2021 Schedule of Rates
and Fees. These fees are due with the final plat and subdivision agreement.
a. Sanitary Sewer Trunk Charge: $1,075/acre
b. Watermain Trunk Charge: $6,500/acre
c. Storm Sewer Trunk Charge: $6,865/acre
Grading, Drainage, & Erosion Control Plan
Dunmore Third Addition was rough graded with previous additions. The grading plan for the
Third Addition was reviewed in 2017.
3. The grading plan must conform to current Engineering and Design Standards.
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Sanitary Sewer and Watermain
Sanitary sewer and water service are obtained by extending from existing facilities located in the
stub streets of Cadogan Way. Sanitary sewer extends from the southerly stub of Cadogan Way
and terminates at the north end of the street. No other sanitary sewer extensions are required.
Watermain extends between the two stub streets providing a looped system for the subdivision.
4. Sewer and water service are to be provided to the park
5. Sanitary sewer and watermain improvements are to be designed according to
current Engineering and Design Standards.
6. The well for the homestead must be sealed. The developer must provide the
City the documentation that the well was sealed by a licensed well driller.
Surface Water Management.
Runoff from Dunmore Third Addition flows from the north to the south and is collected in a single
storm sewer system that discharges to a ponding and infiltration area which was constructed with
the first addition.
7. Storm sewer and drainage improvements are to be designed according to current
Engineering and Design Standards.