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CR 99-153 Final Plat CITY OF September I, 1999 ~ HOPKINS FINAL PLAT Council Report 99-153 ProDosed Action. Staff recommends the following motion: Move to approve Resolution 99-75. approving the final plat and development agreement for the former Alliant Tech parking lot (Beard Group). Overview. The applicant, The Beard Group, is proposing to construct single family homes on the parking lot that was previously owned by Alliant Tech. The site is approximately 9.5 acres. The development as proposed consists of 58 single-family homes. The plat will have 58 lots that vary in size because of the PUD zoning. The price range for the homes will be approximately $150,000 to $200,000. There will be a homeowners association. The site is currently zoned R-I-C, single family medium density. The applicant has applied for a rezoning from R-I-C to R-I-A, PUD. Also attached is the development agreement. Primarv Issues to Consider. · What is the zoning ofthe property, and how has the Comprehensive Plan designated the subject site? . Do the lots meet the zoning requirements? . What are the specifics of the plat? . What are the specifics of the development? . What is the timing for the proposed development? . Will a park dedication fee be required? . What are the issues from the previous meeting? SUDDortine: Documents. · Analysis ofIssues . Final Plat . Grading and Utility plans . Landscape Plan . Memo from Steve Stadler . Letter from Bill Beard . Traffic Study . Development Agreement . Resolution 99-75 CR99-153 Page 2 Prima" Issues to Consider. What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? * The zoning of the property is R-I-C, single family medium density. The Comprehensive Plan has designated the site as low density residential. If this project proceeds, the zoning would have to be changed to R-I-A, PUD. The City Council has approved a first reading for the rezoning. Do the lots meet the zoning requirements? Because of the R-I-A, PUD zoning, the lot sizes can vary. The lots are generally 40 feet wide. What are the specifics of the plat? The plat will have three blocks. The following is the number of units per block: Block 1, 30 units; Block 2, 14 units; Block 3, 14 units. The site will have a total of 58 single-family lots. The lots vary in size from 3896 to 10038 square feet. The typical lot is between 4000 and 5000 square feet. There will be a ponding area on the northwest comer of the site. This ponding area will be an outlot. There will be a trail easement on the east side of the site to provide access to the park adjacent to the site on the north side. The exact location of the easement will be determined on where the utility connection will be made. Also, the streets will be privately owned and will be platted as an outlot. Access to the site will be from Second Street N.E. What are the specifics of the development? House description The typical unit will be 45' x 25'. The homes will be two-story with a tuck-under garage. The homes will not be able to have basements because of the high water table. Exterior The exterior is proposed to be maintenance free siding with options of brick or stone fronts. Access There will be one access point from Second Street N.E. Traffic Since the site is not currently used, any development will add to the traffic in the area. A traffic study has been completed. The results of the traffic study are attached. The applicant CR99-153 Page 3 has modified the plan to reflect the recommendations of the traffic study. The PUD agreement requires the applicant to modify the plans to reflect the conclusions of the traffic study. Trash The homeowners association will contract for trash pick-up. Drainage There will be a ponding area on the north side of the site. Minnehaha Watershed District will have to approve the drainage for the site. Parking Each unit will have its own garage, which meets the parking requirement. Landscaping The landscape plan indicates two plantings on each lot plus additional shrubs. The homes will have landscaping by a comer of the garage and around the front door. The plan indicates landscaping on the east, west, south and part of the north sides of the site. Fire Marshal The Fire Marshal has reviewed the new plans and found them acceptable. A fire access point has been added on the east side of the site. The traffic study recommended that this access point be closed for nonnal traffic. The applicant will have this access closed for nonnal traffic. Public Works Public works reviewed preliminary grading and utility plans. The following comments are provided: · Design of sanitary sewer within City easement must include some soils investigation. The existing sanitary sewer within the easement on the east side of the site as shown is incomplete. The main extends southward into Second Street N.E. . Hydrants along Tyler need to be relocated three feet behind proposed six-foot sidewalk. · Storm sewer pipes at southeast comer of Lake Street and Tyler Avenue should be connected to a structure. . Curb box shall have risers installed. . Mechanical joints on water main fittings shall be mega lugs, not rods. . Add six valves. CR99-153 Page 4 Surrounding Uses The site is surrounded by single family residential to the west, a City Park to the north, Hopkins Aches apartments to the east, and industrial uses to the south. What is the timing for the proposed development? The applicant would like to start the development this fall and have a model open in the fall of 1999. Will a park dedication fee be required? A park dedication fee of$500.oo per unit will be required. What are the issues from the previous meeting? 1. What is covered by the association dues of $55.00 per month, and what amount will the actual market bear? The dues will include snow removal from the streets, maintenance and repair of the common areas and elements, rubbish removal, landscape maintenance and replacement, utility costs for street lighting and landscape irrigation and the cost of administration oversight of all activities. The exterior maintenance of the homes will be the responsibility of the homeowner. These dues are comparable with other Ryland developments in the Twin Cities. 2. What security measures will be installed around the pond and what delineation will be used to separate the park from back yards? The pond will be fenced on the exterior sides of the site. This fence will also separate the park and the development. The site plan indicates all the fencing on the north, east and south sides of the site. There will be a path to the park on the east side of the site. 3. If the City owns and maintains the streets, could the association dues be lowered to make a lesser density feasible? The annual cost for the City to maintain the streets is estimated at $23,000. Steve Stadler, the Public Works director, is recommending against the City assuming street maintenance responsibility. 4. How will safety of the residents be addressed in the event of severe storms and how will security around the perimeter be addressed: There is no requirement that there is a shelter constructed for the residents. The site will have a fence on the south, east and north sides. 5. What is the plan for sidewalks on the west side from Second Street N.E. to the park on Tyler? CR99-153 Page 5 A six-foot sidewalk will be constructed on the east side of Tyler from Second Street N.E. to the park. 6. Direct staff to submit the plans to the Park Board to assess the impact on the adjoining park area. Staff talked to Ray V ogtman, the staff liaison to the Park Board. The Park Board will not be meeting to September 20. The Board Board has briefly discussed a development on the Alliant Tech site. At this time they did not have any specific improvements. The discussion of this project will be on the September 20 agenda for discussion. There is also attached a letter from Bill Beard that addresses these issues. Alternatives. I. Approve the final plat for a 58-unit development. By approving the final plat, the applicant will be able to construct the development as proposed. 2. Deny the final plat for a 58-unit development. By denying the final plat, the,applicant will not be able to construct the development as proposed. If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. 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I J ." ~ r- r- 12 __..!?...:10112" - ~ " RvlAND - flLf NANE "'OA2'I.4 "'" ."'u ij - -- WINSLOW A, B - ~.I.I)~ ~ - ~- MAlliN(: nn.E - A2.1A I FOUNDATION PLAN ORAItNBY JI-rr/CGU.ltt1JS __CF'TiCfIIOf9:RIpnQH CPiii5NNO 5 18'26 ... -.., I I I I ~ ~~ 'i \ I H' . o ..nl ~2: ~31 iiI,,1 ..... ~I ~ ~I ? ~ ~I "'i 1 I 1 I I I I 13'.7112" I I q f>>~ _ _ _ _ _ , o~____ L__ i .. " ~ ~ ' 5112" 13'-4~ ~ PRE.~":1I111:1O I ll! PLIIl. &Y&lP1 .4Itv ~~ t~ g~ ~~~ i6~ !~g ~! ~ j~ J ~ '\ !~ PRI!:.IENGINEEto:ED F\.llt &T&1'Et1 ABV - .~~i\ ...----. i'~1l 0- ~~ ,; ~"~~ ~ ~~l ~~~" "i ~2~G ~~ ~~ &... "1lI~ ~~ ~~.~~ I . ~ .~ ':' ~ ~ il g@ h '" .~~ N e l'l ..~ ~~S09 ~ .. S ~ . " :;. 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"ll" Xi WINSLOW A, B - ~H)~ SHEET NO - ;;:~ DRAWING 11TlE - - A2.2A lOWER lEVEL PLAN DflAMl 8' JI.lT/CUtl.ltMJ& - (lPnON ()[SCRlpnQN {)P11~NO ~ Al.L 'j ;II i. ~ 51 ~ G z II @ II ~ i I I GI ~ m ;\) ~ ll: is --f m '! ~; !I '1 II I~ i ~ I I G) m z m :a ~ .. ;!! ~ z z o 04 m !!' v; ~i; ~ ; p~~ i ~ r~ ~i !!! f~~ i ~ ~~i ~ ~ ~~~ H ~~. ~'~ ~ .2": . lisi o. .~~ .~. d ,q H I;p~ <~i t~t r ~~. "~ ~8 ~s ~~ ~~o i i ~li U @ Sd~ ~2-~U.ij~~~~~ ~&&11 ;~~ ~i~ ~ HH ~ ~ iU~ ~Ii~ &1i1 ~ 1 !~, ~ ~ ~. .,\~ 2a-:~ ~..o;;~";.1I 4oi: ~iWi H '~i ~ j ~. i~ ~~iO!~ P ~~ I ~~ I~ ~,~ l!M~ ~ ~. ~ ~~ . 6U ~Oi' ~ e . gR . I~~ ~~~ I ~ ; ~ R~ ~-t:=:l E:'; ~~ ~Q .. ~ ~~~. ~F i4 j~l~ ,\ ": \ " ! 11 en o c ~ :a m ... o o 04 ~ Gl m o ~ .. o c .. ~ 04 o z en ~ < ~ ~ i~ ~l . .I~ !:,.t. o I\) O:!! 'tI2I -1m -'tI Or- z. -0 COm ... ..... i': ~ 7--e- ~ . :; 'i .. . 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('1 - - Il'.~ In" ~I :I~ -~ ~til "! \p ~ o ..... .. o ~ C 'tI 'tI m 21 r- m < m r- "'1\ r- o o 21 'tI r- . Z . . \p ~ ": ": rX' ~r o~ ~ I~ ~ ~ ~..",. m lr 6" lo'.on "-oZ>' 8"~' 6' R[NARKS I&alE FOR PRICN::i1 I~! lI(:IR COHa.nru:::TION DA~ !I.11.M ~.~I-," Il(YNO 18'-1" Tre ~Idnd croup, Ine. s"pretl61~ re6erV<!!I6 ILIt C:OP':jrlghl "nd alher F'r~F'elr\::I .lsnlO In ~e plans ",nc:l dr""I"S6. TheM plans and dt8w1ngllo arol!! not LO be rep.-oduced 0' cap1iBO .., c!I~ r arm at' m"nn~ 49'.t;Z)- nL[NAwt RvlAND ......!,A)l..! "'" ",.-..oCt i: WINSLOW A - ~ ffii""iiO: - - I):(AIII~G ilR[ - - A3.1A I UPPER LEVEL PLAN MAMf BY ,A.l'T/CGUJ,-MJSo _ OPTION DESCRlPnQN 0Pii0N'N0 '7 ....L ; ~ ~ :i la II II II i I 3 i G\ ~ m 'II i '" z () --I m 'j ~a (I II Ii h i ~ t 3 I GI III Z III ::a ,. .. ... .. ,. z z o -f III !!' ~~~ H; i ~ e~~ ~!. t ~~t ~~ n~~ e.~ ~ p ~eP 5 o~1 u ~~.~.; ,3~' ~f a~:; .jG ~ h~H ,t~ Sa .;;~ "g! ! . d~ · ~ ~~~ J. ,~~ t2. f ~ eJ" 6. ~g:~ ;a:1~hs).l:i!.tiQII~ Ai.t~ ~~~ ~H ~ ! ~~~I ~ ~~ ~Plil '~qgs ~ 6 E~ ~ Iii i?; ;'. Ii 2..;; ~~ ~ 606. !!Ii. ~" 2"~ ~bl'i h ,~~ I ~ rf ~t ~~Wi q ....1 ~ ~q~ ~H G~d ~ ~~ I S~ ~~ ?,~t~g ~ ~~ M ~6 liil 6H '~F ~ e . g~! ~ L .~~ I ~ ~ ~ a. ~:l~ Q H: a ii U> o c: ,. .. III ." o o ... ,. GI III (') ,. ... (') c: ... ,. ... o z U> .. r .. ~ 2 .. l~ ii . ~ n ~ . ~ !,-=. 'l':.!:..~TOW~L. II )41e- i~ '" " . I I I I I "I ~I I I I I I I.. n'.,," nl~ .. " 3~ 4"'rDM I ~I~ t10 :I~ ~I~ I 'CF"E.JlCe~ '''''~e._ ~ ~ ~ '" ~ ~ ~ ~ ~ ~ '" ~ ~~ ;~ ~ ,., b'~_TI ~~ ~ ii' " o I\) O:!! 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I ,,___._._. r-- ", " ~ ~ i ~ ~i~ ~ I "l ~ . i ~ ~ . , ~ I . i "'"'1' .. \: -. ~I . i: ~I~ '" ~ c ", ", m :a r- m < m r- "" r- o o :a ", r- :.- z . IlIl ~ ~ '" ," ~ h" ~ ".",' It- '0'.0- 1&. j':3"'}c 'r . 50'.~ 4'9".0" ~&. ''''.1'''' II ,. I.?~ .. w G /' R[IotMltiS tSeUE FOR PRlCta. 1&eUE FOFt CON6Tliti::T104 0'1[ ,.n.99 3.JI.~ R(VNO. ~ ~I.anc::l urcup, Inc e:><pre:e~t~ '~ervea 11Il ~P:I"lghl .ard ot.her prOperl~ rlght.& In Lr.ee.e: t;:'1.ane. .and dr.awlnga Thee.e pl.ar>$ .and c:Ir"wlngllo are not to ~ reprodu~d or copied In a~ fOI"lll or NrY1<:!1'". RvlANQ "EF .oon .il. mT NO WINSLOW e - ~ - - ORAWlNGnTlE - - A3.1B UPPER LEVEL PLAN ORAl'MBY JI-lT/CGlI,I.t'"IJ$ OPIION DESCIlIPQON ~ 13 ALL L 0'.' "0" t , I~~ 3~~~.2~~ ~ l' 1I"i ,()....~- IQ~ ~~~n~~~ I~ I~ '~f'~~6 I~ ~:o~~~....& ~ ~ 2":~2 ,m , IE L 0'., "0" t , ~~ , ~~ ! I r <' ~ ;U o o :r ~~~ ~mo ) ~~ ~ ~~ ~ ~~ ~ l~lffi () 1: o .... CO) m Z m '" J> r- .... r- J> Z Z o ~ m !!' .&~ ~~~ ; Oj~ i; g"; F~ I"'~ to~ ........':1 i! I- 0....... ~~~ ~:i p ie~ ~ ~ a ~~ ~~:;.p ~ h~. , 15~ a: ilQ~ Z,E ~ !~~ 1 R ~~~ ~~ l?~l ,,~~ ~ 1i~~s! ~o:;s .,~~ b ,~:~ ~ ~ 8~ h ~<.q~f h~g1~ ~~~5 i:~~ ~~~ g i~i~ ~ .~ ~6 '1. ~.\o ,~C R <> ~ ~4 m~ m ~~~ ~ :i~ ~ ~ i~ ~I F~H;~ ~ -"~~! ~~ ~i: J'io~'~ ; '.1 . .~~- ;Ji '~, ~ 8~ i 6~ ~m bi~~~; r. ~" 1 ~o la ~ .. ~or <> p ~.~ .H ;.ll ~ ~ ~ 6 ~~ ~~S ~o ~. ~; ~i ~ j, :r I! Z II ~ I! <;) !I m 'I I! ! , ! . R I G'> ~ m ;u ~ (J> (J> z o --1 m 13 if ~! il 'j I~ .~ . . ~ i ! I "1 ~~ ffi~ ~Iii 'm g~ / / --E.:..~ ~~~ ~~~ ,"!, ~~~ &" "f <:-~ lD C ;:: C Z Gl III m (') ~ o z ~ lD E r 0'" 1lE1IARKS The ~Iand Group Ine <$!>opr~UI'::l rS6S'VS& 11& ~.I'.~ I$~E FOR AltICING C.OP::Irlght "'nO othsr ~r~~l::l rlgha In !.heM ).)I.~' 169lJe FOR c:.ote1RJCTI~ pl.an$ an,;:;: drawl"9' 4.1).~ I'i1EvI9ED R-" a,6.ns. Thelae pI"... o!Ind drawlnge a~.. ~t ~o be rQp-oduc.eo or COpied In o!Ir1lJ rorm or ""'......19. ....,SA..I RYlANQ "''' ""'" .l(! WINSLOW A B - !l-44)~~ SHEET NO - """)e..vo> RAI'ANChTl[ - - A4.1 BUILDING SECTION ORA""" 81 CCiW.MJ90 CiPTiQ; .Jo\PllDLCIS'If1~sorA\l~BII.(VL'99..)'.':lEU O:V~~/" 18<<\ 0 I\) 'TI "'0 ~ :a.- ::a en -I ::t ;: m c r- lJJ r- en 0 ~ :IE :-I m m :u I~rn I:i" .qp pqp f~~qp qpqp j r m 0 ;~ T · $, . ~ p: r" r- 0 < l 1 . m "'0 m ; ~ 0 :-I -l I> ::u in '" F ~ " " ~ ! ~ n r- ;> ~ ~ I' . ~ q ~ ~ .. .. !;; P .Ii - ~ .. H~ :. m \l ~ ~ 2 ' ~ <J ~ to -< ;J CI l(\ ' ., r" r- ~ 2 ~ ~ ill ~ "2~ ~ ~ m fl ~ ~ il m J;1 !;; ... ~~ i g ~ r" l'> r> ~ il ~ ~ ] ~ ~~ l'> U> m i' z ~ fl Li G> on ~ ~ !l m "'0 2 2 It 8 z ~ r- I r c ,,- :a.- U> ~ Z --' --- .- - - - - -........ gl;(; 0 '" --- .li( /'" ~~ ..... I --, I I I - ,---------------1 I I c: r- I I I I Z 0 I , I -- I 'TI :IE - - I Z m - . en :u I , ::t r- , , ~-<>- I m m , , I c < m ~ 0 , . lJJ 0 "J r- o@< en I .' ~ ~ m I -<r-. I ", -I r- I . m I "" L " en r> I I I ..........- -- -I "'0 I :a.- r- I I ~-<>- I Z :a.- I ~ C Z I :a.- I :u I IQ)~ 2 fl I i' I m~'l~CD [II I ~ I ~ I --' q I L_ RYLAND Il[VHO DAlE ,"U.., rl.( N.w( TI'te ~I"nr:l Cvoup. Inc .l"3E11 e..pr~ss":l r~__ve5 Ils 3-n.M ISSUE! !lOR PRlCI>>:i. lll[r ",<n '" c.aP.:1'~ and olhsr IMUE FOR CoC'feTPU::TlCN "'4)~ F"operl~ rlShls In l~e ....3.4n.4 WINSLOW A, B ...""'" p....". ISndd'''llIlnSs I ~((I NO Th!:se pLans "nr:l '"C.OWER LEvEL ELEC_ Or"Ullngt .!lrer'lOl to , ORA~ BY Ja.rr/C6lllJHJSo be reproduced or copied > E1.1 OPPOH NO In an!J rarn or rna""<I!r OPIlOH OESCIlFIlQH . /0 ALL ~"' mr- ~~ <'i-t l>:a r- _ 00 m~ :s:r- () mr- <1>"' -{G) :I", ~Z :pO ~rn f "!;i!I (i",~;lI', i1l'p1l" ~ ~'IP : 11' i < I r ~ ~ ~ 2 ~ n n ~~ n !; ~ ~ ~ m fif l) m ~) \ 'I - () 111 f1II 2 ~ ~ ~ ~ 5 pq~;~~ 6 ~ ~ ~ " m~5~~~6 " ~ J;l~ ~~2j ~ ~ ! " ~ " " ~ ... .~ Q ~ " 2 ~ n ;, 2 \1 "~~ ~~ r , , I~o ~~ "~ o I\) "ft :0 o ." ~ . Cl) .... ..... \ i~ i~ o W en ... c: o -< o ." ... o z . (0) o .... jU II: ~ ~ . ~ ''\ W"'- , I o .... o~~ ~~ ~~ 1~2 0' f " ..;~ .Ir--------f--~ ----- 41 -- \ ,,~m . . ,] , -9-. jU ~~ c: ." ." m ::D ... m < m ... m ... m o ... :u (i ,.. ... ." ... ,.. Z '" '" ~ 2 .~ OJ j F " ~ REr.I~ '&SUE FOR PRIC~ I&SUE FQfIt CON$TRJC:'TION ..~ ,.n_"" ,.,I.'r.I v,o rhoS ~I.""cl GroLp In.:: e:~p'e8~1~ reserve, 11, CCIp!;jl"lghL ,lh'O oU-er prOF'<SI'l~ rlghls In t.hl!Ie", pi.!!", ,,1"1(;I dr.5Wlng!o Tns~e plSne 8nd dr.!lwrn9~ 6re not to bl!ll r.sproc:fuc:ed or c:opled 1".!IllOJ rorm or rn"mer FUNAU[ RvlANQ .t.43E12 "'" ""'El ~ 4<1.3.43'.4 WINSLOW A, B - !l....).4.C'; SH[[TIlt) - ~.}~ ORA'MHe nRE - - E1.2 UPPER lEvEL ElEC. [)Il",I,'Iot.IBYJi.l1fC<oo.wl"'tJlt (f'T1OH~pn(tj ~ II ACC Public Works Department Memorandum From: Nancy Anderson, City Planner 47 Steven J. Stadler, Public Works Director To: Copy: Steven C. Mielke, City Manager Jim Kerrigan, Director of Planning Date: August 4, 1999 Subject: Estimated annual cost of city pavement maintenance - Seard/Rylund Home Development (Former Alliant-Tech Systems parking lot) The estimated annual cost of pavement maintenance on the subject development streets is $18,700. This figure is based on the following: 2,500 linear feet of asphalt pavement street 29' street width sealcoat project every 5 years (not including overlay years) overlay project every 15 years reconstruction at 45 years $2,000 estimated annual maintenance cost for sweeping, cracksealing, snow plowing, patching, curb repair, etc. interest rate = 4% historical contract maintenance costs current assessment policy I don't see a corresponding benefit to the Gity for assuming this additional maintenance responsibility. I'm told that the decrease in housing density based on city street maintenance would be negligible, on the order of 2-3 units. I recommend against the city assuming street maintenance responsibility for this new development. August 19, 1999 G R 0 U P N C Ms. Nancy Anderson Planner City of Hopkins 1010 First Street South Hopkins, MN 55343-7573 RE: Single Family Home Development 2 Street NE & Tyler Hopkins, MN Dear Nancy: Following are the responses to the questions summarized by Mr. Mielke in the City Council Meeting Minutes dated July 6, 1999. 1.) What is covered by the Association dues of$55.00 per month and what amount will the actual market bear? Answer: Currently no definitive monthly association fee amount has been established. The $55.00 per month represents what a typical association fee would be in a Ryland Home community. The actual amount will be determined once the number of homes is finalized at 58 and the ownership and maintenance of the infrastrncture is determined. Typical services that would be provided include snow removal from the streets, maintenance and repair of the common areas and elements, rnbbish removal, landscape maintenance and replacement, utility costs for street lighting and landscape irrigation and the cost of administrative oversight of all activities. In the $55.00 per month example 96 homes shared all common expenses and the City owned and maintained the infrastructure (waterlines, storm sewer, NURP ponds, & sanitary sewer). In our case Staffwill be recommending that the association own and maintain the infrastructure. Consequently it is anticipated that the association will need to establish a larger reserve to deal with fUture infrastructure expenses and that will dictate higher monthly fees. Reserve fees in Ryland com mum ties where the City owns and maintains the infrastructure rnn $3.00 per month. Ryland IS estimating an additional $10.00 per month to handle the infrastroctures repair and replacement. What the market will bear is a subjective question that requires that we focus it a bit prior to responding. In this specific instance Ryland is targeting home buyers who can qualifY to purchase a home in the $150,000 to $200,000 price range. Presuming that most people buy the maximum or close to the maximum home 10 - 11th Avenue South Hopkins, MN 55343 (612) 930-0630 (612) 930-0631 Fax value they can qual(fy for it IS important to keep association fees at a reasonable level. Associationftes are included with the monthly mortgage payments in the qualifying analysis that is performed by the Mortgage Company. The position Ryland doesn't want to find itself in is where the monthly association fee is so high that it eliminates people who would normally qualify to purchase a $150,000 to $200,000 home but now couldn't because a high association fte has pushed the costs out of their reach. In all likelihood the association fee, given the assumptions listed above, will be significantly higher than $55.00 per month. Ryland's goal however would be to not have it exceed $100.00 per month. 2.) What security measures will be installed around the pond and what delineation will be used to separate the park from the back yards? Answer: A ftnce will separate the pond area from the park. Additionally a decorative wrought iron ftnce style fence will surround all but the Tyler side the development. 3.) If the City owns and maintains the streets, could the association dues be lowered and make a lesser density feasible? Answer: No. The reduction in monthly costs wouldn't be great enough to permit a lower density. In the $55.00 per month example presented by Ryland these costs (snow removal) only accountedjor $10.00 of the $55.00 monthlyassociationfte. The streets (along with the water, sanitary and storm-sewers) were owned and maintained by the City in the $55.00 per month example. The benefit of reducing association ftes by $6,600 per year ($10.00 month reduction times 58 homes times 12 months) is quickly diluted by the reduction in density. Fewer homes dividing up a constant total association fte. Please remember that the original proposal, presented to the planning commission wasfor 61 homes. In response to their concerns the number of homes was reduced to 58. 4.) How will safety of the residents be addressed in the event of severe storms and how will security around the perimeter be addressed? Answer: As is the case in all severe storm situations the safest place is always in the lowest part of the home, away from windows. In this specific instance the safest place is designed to be that portion of the home that is on the first level and under the staircase. No special perimeter security measures are contemplated at this time (other than those listed above regarding the fencing around the NURP pond). 5.) What is the plan for sidewalks on the west side of 2nd Street NE to Tyler? 10 - 11th Avenue South Hopkins, MN 55343 (612) 930-0630 (612) 930-0631 Fax Answer: A six foot wide concrete side walk will be extended on the east side of Tyler from 2nd Street NE to Oakes Park. Sidewalks currently exist on 2nd Street NE and a trail runs along the entire eastern border of the site from 2nd to Oakes Park Should you have any questions or comments regarding the enclosed materials please don't hesitate to contact me. Sincerely, The Beard Group, Inc. w~ William H. Beard President Whb\ cc: Paul Gamst, The Beard Group, Inc. Wayne Soojian, Ryland Homes 10 - 11th Avenue South Hopkins, MN 55343 (612) 930-0630 (612) 930-0631 Fax "'T~ . BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 1 0417 EXCELSIOR BOULEVARD, SUITE lWO / HOPKINS, MN 55343/ (612) 238-1667/ FAX (612) 238-1671 August 6, 1999 refer to file: 99-72 MEMORANDUM TO: Nancy Anderso!l, C~ of Hopkins FROM: James A. Bens~~ and Bryanll-tek RE: Traffic Review for the Planned Residential Development on Alliant Site PURPOSE This memorandum is to present the results of our traffic review of the residential development, referenced above. As stated in our proposal, the three purposes of our work are to address: . the ability of 2nd Street N.E. to accommodate the traffic expected to be generated by the proposed development, . the adequacy of the proposed site entrance on 2nd Street N.E., and . other important points for effective traffic operations. BACKGROUND Existing Conditions The site is located in the northeast quadrant of the intersection of 2nd Street N.E. and Tyler Street. The area is currently a large parking lot that is no longer in use and has been chained off This parking lot previously served employees workin~ at Honeywell facilities (Alliant). There are two access driveways that connect the lot to 2 a Street N.E. Opposite the site are two other driveways on the south side of 2nd Street N.E. that provide primarily truck access for another development. Of the two, the west access is an entrance only and the east drive is an exit only. Proposed Characteristics The site is proposed to be redeveloped with 58 single family detached homes. The proposed redevelopment would have one access point on the public roadway system - a driveway on 2nd Street N.E., which would be located approximately 25 feet west of the existing western driveway. All circulation within the development would be on private driveways. . Ms. Nancy Anderson -2- August 6, 1999 ABILITY OF 2nd STREET NE TO ACCOMMODATE EXPECTED TRAFFIC 2nd Street N.E. is classified as a collector street and has a current annual daily traffic (ADT) volume of7,900 vehicles. The road is 44 feet wide with curb and gutter on each side. The road is striped as a two-lane road, one lane of travel in each direction. Parking is prohibited on both sides. Abutting the curb are six foot sidewalks on each side. The road is relatively flat providing good sight lines in each direction. In determining the ability of 2nd Street N.E. to accommodate the proposed residential development, the trips generated by the proposed development were compared to the trip generation of the former parking lot. The trip generation rate for the proposed development was established from a previous study by Benshoof & Associates, Inc. on the Parkers Lake Development in Plymouth, Minnesota. This area has a similar residential development to the proposed project. The current parking lot has approximately 1,050 available parking spaces and was examined assuming a near capacity use and 1.5 turnover ratio. This rate was compared to data published by the Institute of Transportation Engineers (ITE) for reasonableness. The rate was found generate a lower value than ITE and is consistent with our standard of providing conservative estimates. Table 1, below, shows the trip generation for the average daily, a.m. peak hour, and p.m. peak hour. The entering and exiting splits are also shown for the a.m. and p.m. peak hours. TABLEt TRIP GENERATION FOR THE FORMER AND PROPOSED LAND USES ON THE ALLIANT SITE Daily Land Use Tri Endsl) ormer Parkin Lot 2678 309 50 55 309 Proposed Residential 428 7 22 15 11 1) One trip end is equal to either one vehicle entering the site or exiting the site. As shown in the table above, the proposed development will generate much less traffic than the parking lot when it had been actively used. The net effect of the proposed development is to increase of the existing daily volume on 2nd Street N.E. by about 3.5 percent. Considering this modest increase and the capacity of this roadway, we are confident the proposed development will not cause any adverse impacts on 2nd Street N.E. ADEQUACY OF THE PROPOSED SITE ENTRANCE ON 2nd STREET NE In considering a proposed access drive such as for this development, the following parameters need to be examined: . Relationship to other access points, · Sight distances, . Grade of the access road approaching the main roadway, . Number of lanes and corresponding width, and . Turning maneuvers and conflicts. Each above parameter is discussed next in the following paragraphs. Ms. Nancy Anderson -3- August 6, 1999 The proposed site access will be the only access on the north side of 2nd Street N.E. on this section of road. On the south side, there are two access points as discussed previously. The proposed site access drive is located approximately 60 feet east of the entrance only access drive on the south side. Though this offset distance is not as great as desired, these two driveways are not expected to conflict with each other because the overall volumes are relatively low and the peak hours of use are different. The sight distances for the proposed site access were examined and found to be acceptable. Due to the relatively level ground, vehicles exiting the proposed development are able to see to the intersections of 2nd Street N.E. with Tyler Avenue N. and with Blake Road. Any vehicles entering the proposed development would also have adequate sight distance. The current gradin@ of the proposed access drive shows a 2.5 percent grade at the intersection with 2 a Street N.E. As the roadway continues north, the grade increases to six percent, followed by a decrease to a 2.8 percent grade. The road finally levels out at a grade of 0.5 percent. The six percent grade at this close proximity to the main intersection is an undesirable situation. Should stacking occur at the intersection with 2nd Street N.E., vehicles would have to start and stop on this steep grade. Lesser grades are desirable for safety purposes. As we understand, the plans have been revised in order to reduce the grades on this roadway. Weare confident that these revised grades will provide satisfactory traffic operations. The current proposal shows an entry of 60 feet with an island in the middle and no lane designation. For effective traffic operations, two exit lanes should be provided, one left turn lane and one right turn lane. This allows right turns to proceed without waiting for left turning vehicles to make their movement and reduces delay time for right turns. Only one entering lane is needed to accommodate the expected volumes. However, it should be wide enough to allow ease of operation for both left and right turning vehicles entering the proposed development. Figure 1 shows the recommended entrance for the proposed development. Two 14 foot exit lanes are provided, along with one 18 foot entry lane. The center island is 14 feet wide to remain consistent with the total width of 60 feet provided in the original site plan. Using standard turning templates for various vehicles, the access drive was examined for ease of maneuverability and potential conflicts. The site plan shows an internal four-way intersection just about 30 feet north of 2nd Street N.E. Potential difficulties and conflicts arise from the close proximity of these two intersections. Using standard turning templates, various vehicles were examined to determine if vehicles would be able to complete a turn into the development followed by another quick turn at the internal intersection. Passenger vehicles were found to be able to effectively complete turns without complications. Larger vehicles, such as garbage or service trucks, would have serious problems making these maneuvers. In addition to this difficulty, a potential stacking conflict and safety concern occurs at this internal intersection. If several vehicles are waiting to exit the proposed development, the resultant stacking could block the internal intersection. This would prevent one or more movements from occurring at that intersection creating safety problems. We understand that the plans have been revised to increase by 12 feet the separation between 2nd Street N.E. and the internal roadway extending east from the site entrance. This additional separation is sufficient to meet the minimal requirements for truck turning movements. However, we also believe that even with this increased separation, there will be more stacking and turning conflicts than desired. .-/" YELLOW STRIPING NO PARKING ANYTIME HERE TO CORNER .". $ o ZO 40 ~ SCALE IN FEEr NOTES: 1. Lane widths are to the face of curb. 2. Specific dimensions for the turnaround subject to adjustment to avoid impeding 2nd Street NE right-of-way. 3. Potential further separation between 2nd Street N.E. and the first east-west internal roadway is discussed in the report. YELLOW STRIPING NO PARKING ANYTIME ~,~ WHITE STRIPE & ARROW MARKINGS TRAFFIC REVIEW FOR PROPOSED RESIDENTIAL DEVELOPMENT ON ALLlANT SITE CITY OF HOPKINS (]I) BENSHOOF &: ASSOCIATES, INC. V lRANSPllRTA110N ENGINEERS AND PlANNERS FIGURE 1 RECOMMENDED SITE ENTRANCE PlAN Ms. Nancy Anderson -5- August 6, 1999 OTHER IMPORTANT POINTS FOR EFFECTIVE TRAFFIC OPERATIONS To ensure effective traffic flow, two other issues have been examined and are discussed below - the placement of no parking signs and the additional access on 2nd Street N.E. for emergency vehicles. Parking is planned to be provided on one side ofthe internal roadways of the proposed development. On the access drive, it is recommended that parking be provided on the west side and prohibited on the east. This allows inbound traffic to proceed without hindrance. For other roadways in the development, either side may allow parking. No parking signs will be needed to prevent parking on the designated no parking side. If a block is particularly long, another sign may need to be posted at mid-block. As shown in Figure 1, vehicles entering the proposed development will see a no parking sign immediately after entering the area. Also shown in Figure 1, a no parking sign is recommended to be installed about 50 feet north of the first internal intersection in order to provide adequate stacking for exiting vehicles. An additional access drive on 2nd Street N.E. is required for emergency vehicle access into the development. This access drive will be located to the east of the main access and just west of an internal roadway comer. As we understand, the access will be wide enough for one vehicle and will have a grade of about 12 percent. Given these width and grade limitations, it is very important that this driveway be closed for general traffic use and be available only for emergency vehicles. Some type of gate or chain system should be used so that the driveway is normally closed, but could be opened by an emergency vehicle operator. Ms. Nancy Anderson -6- August 6, 1999 CONCLUSIONS Based upon the items presented in this report, we have determined the following conclusions: · The proposed residential development would generate much less traffic than the former parking lot during an average day, the a.m. peak hour, and the p.m. peak hour. · The proposed residential development would increase the existing volume on 2nd Street N.E. by about 3.5 percent. . The proposed access on 2nd Street N.E. is satisfactory regarding sight distances and relationships to other access driveways. · The revised grades for the proposed development main access drive will provide satisfactory traffic operations. · The proposed site entrance is recommended to provide two 14 foot exit lanes for one left turn lane and one right turn lane, a 14 foot center island, and an 18 foot entrance lane. · The revised entrance plan will alleviate several issues identified with the original plan and the additional separation is sufficient to meet the minimal requirements for truck turning movements. However, we believe that even with this increased separation between 2nd Street N.E. and the first internal roadway extending east from the site entrance, there will more stacking and turning conflicts than desired. · Parking should be prohibited on the eastern side of the main access road and allowed on the western side. Other roadways within the development may provide or prohibit parking on either side. No parking signs should be installed on the side for which parking is prohibited. . The additional access drive on 2nd Street N.E. should be designated for emergency vehicles only and should normally be closed to prevent general traffic use. Miller, Steiner & Curtiss, P.A. Draft 8/26/99 PLANNED UNIT DEVELOPMENT AGREEMENT This Planned Unit Development Agreement (this "PUD Agreement") is made and executed day of , 1999, by Hopkins Mainstreet, Inc., a Minnesota this corporation ("Developer"), and the City of Hopkins, a municipal corporation under the laws of Minnesota ("City"). RECITALS A. Developer is the fee owner of real property (the "Real Propertytt) located in the City of Hopkins, Hennepin County, State of Minnesota, legally described in Exhibit A attached hereto and incorporate herein by reference. B. The Developer has applied to the City to approve the rezoning of the Real Property from its current zoning classification ofR-I-C to a new zoning classification ofR-I-A, PUD. The Developer has also applied to the City for approval of a plat of the Real Property known as (hereinafter referred to as the "Plat"). The City has approved such rezoning and the Plat, but upon and subject to the agreements, terms, covenants and conditions of this PUD Agreement. c: \fiIe\hopcivil\beard. pud C. On , 1999, the City Council of the City adopted its Resolution 99-_ approving the rezoning of the Real Property and its Resolution 99-_ approving the Plat. As a condition of such approvals, the City has required Developer to execute and record this PUD Agreement and to comply with and perform all of the agreements, terms, covenants, conditions and restrictions hereof. Developer has agreed: i) to accept such agreements, terms, covenants, condi- tions and restrictions, ii) to execute this PUD Agreement, and iii) to record this PUD Agreement as a servitude upon the title to the Real Property. NOW, THEREFORE, in consideration of the foregoing Recitals and the approval of the rezoning of the Real Property and the Plat, Developer agrees to the terms and conditions stated in this PUD Agreement and declares that all of the Real Property and the Plat shall be held, transferred, leased, occupied, used, improved and developed subject to the following agreements, terms, covenants, conditions and restrictions: 1. Recitals Incorporated. The foregoing Recital Paragraphs A through C, are incorpo- rated in and made a part of this PUD Agreement in their entirety. 2. Development Improvements. Developer shall construct, install, complete and pay for the work, labor, materials, facilities and improvements required for the development of the Plat, including all of the facilities and improvements described in Plans identified in Paragraph 3 of this PUD Agreement and the facilities and improvements described in Paragraph 4 of this PUD Agreement, all of which work, labor, materials, facilities and improvements are herein collectively referred to as the "Improvements". The Improvements shall not, however include any landscaping that is to be installed on individual platted lots within the Plat, but shall include landscaping improvements to be installed on outlots. The Improvements shall be completed in accordance with: c: \fIIe \hopcivil\beard. pud 2 i) the Plans defined and identified in Paragraph 3 ofthis PUD Agreement; and iii) all of the other terms of this PUD Agreement. Developer's obligation to construct, install and pay for the Improvements shall include completion of and payment for any and all labor, skill, material, equipment and other work required during the course of construction to complete the Improvements in compliance with the requirements of this PUD Agreement. 3. Identification of and Compliance With Plans. The Real Property and the Plat shall be developed and the Improvements constructed and completed in accordance with the following plans which are herein collectively referred to as the "Plans". The Plans shall not be attached to this PUD Agreement. If any of the Plans are designated as "Preliminary", such Planes) shall, subject to City approval, be modified, at Developer's expense, after the date of this PUD Agreement to be suitable for final construction purposes before commencement of any of the work described or depicted in the Plan in question or issuance of a building permit for the work depicted in such Plan. At such time as a preliminary Plan has been replaced by a final Plan approved by the City, all references in this PUD Agreement to such Plan shall refer to the final Plan. In the event of any conflict or inconsistency between the Plans and the provisions of this PUD Agreement, the provisions of the Plans shall control. The Plans are: Description of Plan Plan A Pinal Plat prepared by Schoell & Madson, Inc., as approved by the City Council, , 1999. Plan B Grading, Plan prepared by Schoell & Madson, Inc., dated 1999. Plan C Landscaping Plan prepared by Brodsho Consulting, dated ,1999. c: \fiIe\hopcivil\beard. pud 3 Plan D Utility Plan prepared by Schoell & Madson, Inc., dated , 1999. Plan E Storm Water Management Plan prepared by ,1999. , dated 4. Additional Improvements. In addition to the facilities and Improvements depicted in the Plans, Developer shall also construct, install and pay for the following facilities and Improvements: A. Extension of storm sewer facilities across Oaks Park connecting to the existing storm sewer facilities located at Lake Street South, such facilities to be extended to the Real Property in capacities sufficient to provide adequate storm sewer service to the Real Property and the Plat for its intended use for the development of up to fifty- eight (58) single family residences. B. The Developer shall construct a six (6) foot wide concrete sidewalk on the west side of the Real Property adjacent to or upon the right of way of Tyler Avenue. Upon completion of construction of such sidewalk, the Developer will grant to the City a permanent easement for public sidewalk purposes over that part of the Real Property on which such sidewalk is located. C. All of the sanitary sewer, storm sewer, water, gas, electric, telephone, cable television and other utility improvements, streets and driveways and other common facilities and Improvements located within the boundaries of the Real Property shall be constructed in the manner depicted in and required by the Plans and/or this PUD Agreement, by Developer, at Developer's sole expense. c: \file \hopcivil\beard. pud 4 D. All of the NURP ponds and other related drainage facilities depicted in the Plans shall also be constructed by Developer, at Developer's sole expense, in accordance with the terms and conditions of this Agreement. E. The Developer shall extend City water service to the Real Property from the City water main located in the public easement on the east side of the Real Property and from the City water main located in the right of way of Second Street Northeast. Such City water service shall be extended in capacities sufficient to provide adequate City water service for all residences to be constructed within the Plat. F. The Developer shall extend sanitary sewer service to the Real Property from the City sanitary sewer line located in the public easement on the east side of the Real Property. Such sanitary sewer service shall be extended in capacities sufficient to provide adequate sanitary sewer service for all residences to be constructed within the Plat. 5. Construction Standards and Procedures. The Improvements shall be constructed and installed in accordance with the final Plans, City standards, codes, regulations and ordinances. All plans and specifications for the Improvements shall be prepared and certified by a registered professional engineer or engineers, and shall be furnished to the City and approved by the City Engineer prior to issuance of a Building Permit for the work depicted in such plans. In connection with the construction of the Improvements, Developer shall restore all City streets, utilities and other public facilities and property disturbed or damaged as a result of Developer's construction activities to substantially the same condition as existed prior to commencement of construction. c: \ftle\hopcivil\beard. pud 5 Within sixty (60) days after the completion of the Improvements, Developer shall supply the City with the following relating to the Improvements: (a) a complete set of reproducible mylar as- built plans, (b) two complete sets of utility tie sheets, (c) location stationing and swing ties of all utility stubs, (d) benchmark network and (e) digital as-builts conforming with the following requirements: (i) Digital Files in Microstation DGN Format in NAD 83 Hennepin County Ground Coordinates. (ii) All Cell Libraries and Line Styles shall be included. (iii) Level structure shall conform to current Hopkins Level Structure. 6. License. Developer hereby grants the City, its agents, employees and inspectors a license to enter the Real Property, as necessary, to perform all work and inspections deemed appropriate by the City in conjunction with construction of the Improvements. Such license shall terminate upon completion of the Improvements, as evidenced by final inspection and approval thereof by the City Engineer and building official. 7. Improvements to be Transferred to City. Upon completion of construction of the Improvements, and final acceptance and approval of the Improvements by the City, all of the Improvements located within or upon any public easements, including drainage and utility easements, if any, dedicated in the Plat, rights-of-way or City-owned land shall become the sole property of the City. In addition, the six (6) foot wide concrete sidewalk to be constructed along the west side of the Real Property adjacent to Tyler Avenue shall become the sole property of the City. Such concrete sidewalk and those Improvements that are to become the sole property of the City as provided in the first sentence of this Paragraph 7 are herein referred to as the "City Improvements". c: \file\hopcivil\beard. pud 6 Developer shall transfer the City Improvements to the City free and clear of all liens and encumbrances. At such time as the City Improvements have been completed, representatives of Developer's contractors, and a representative of Developer's Engineer will make a final inspection of the City Improvements with the City Engineer. The City Engineer shall be entitled to review and approve any punch list items or lists of incomplete or defective work comprising the City Improvements to be submitted by Developer or its representatives to the contractor(s) responsible for completion of the City Improvements to assure that the same are completed in accordance with the requirements of this PUD Agreement. As a condition of its acceptance of title to any of the City Improvements, the City shall receive from Developer written evidence, in form and content reasonably acceptable to the City, that Developer has caused all incomplete or defective work to be completed or corrected and has made payment in full for all work comprising the City Improvements. Before the City accepts title to the City Improvements, the City Engineer shall be reasonably satisfied that all of the City Improvements have been completed in accordance with the Plans and the requirements of this PUD Agreement and that Developer has made payment in full for all of the work comprising the City Improvements. Final acceptance of the City Improvements by the City shall be evidenced by a resolution duly adopted by the City Council of the City, which approval shall be granted if Developer is in full compliance with all of the terms, conditions, agreements, and requirements of this PUD Agreement. 8. W arran ty. Developer warrants that all work comprising the City Improvements shall be free from defective materials or faulty workmanship for a period of two (2) years after acceptance of the City Improvements by the City as evidenced by a resolution duly adopted by the City Council, c: \file\hopcivil\beard. purl 7 except that trees and landscaping plantings shall be warranted for twelve (12) months from the date of planting. All work and materials comprising the City Improvements which are found to be defective within two years after acceptance thereof by the City (or twelve (12) months from the date of planting in the case of landscaping improvements) shall be repaired or replaced by Developer at Developer's sole expens~. 9. Reimbursement of Costs to City. Developer shall reimburse the City for all out-of- pocket costs incurred by the City in connection with the preparation, negotiation and execution of this PUD Agreement and the administration, performance and enforcement of this PUD Agreement. Such out-of-pocket costs to be reimbursed by Developer shall include, but are not limited to, all fees due to consultants retained by City, whether incurred before or after the date of this PUD Agreement, including, without limitation, traffic, development, fiscal, environmental, geotechnical, surveying, engineering, inspections or legal services. Such reimbursements from Developer shall be due and payable within ten (10) business day of delivery of a copy of the invoice or statement therefor to the Developer, and shall bear interest at the rate of one percent (1 %) per month, if not paid by Developer within thirty (30) days of the date the applicable invoice or statement has been delivered to Developer. 10. Other Governmental Approvals. Developer shall obtain, all required approvals and/or permits from the Minnesota Pollution Control Agency, Hennepin County, the Minnehaha Watershed District and any other governmental authorities whose approval is required for the construction of the Improvements and development of the Plat on the Real Property. Developer shall maintain all such required permits and comply therewith at all times. c: \file\hopcivil\beard. pud 8 11. Time of Performance. Developer shall commence construction of the Improvements no later than the thirtieth (30th) day after the date of this PUD Agreement and shall substantially complete construction of the Improvements no later than December 31,2000, except that the final lift of asphalt on any street or driveway Improvements shall be completed no later than December 31, 2001. 12. Additional Conditions. Developer agrees that the Real Property and the Plat shall be developed, held, transferred, occupied, used and improved subject to and in compliance with the following additional terms and conditions: A. The Developer shall have a traffic study completed, at the Developer's expense, by a Traffic Consultant reasonably acceptable to the City, addressing access to the Plat and demonstrating that the access points to Second Street Northeast are acceptable. The final Plans shall incorporate the recommendations of the Traffic Study. B. The applicant shall record a Declaration of Covenants, Conditions and Restrictions (the "Declaration") as an encumbrance on the title to all ofthe Real Property and the lots included in the Plat. The existence ofthis PUD Agreement and the obligations established hereunder shall be noted in the Declaration. The Developer shall deliver a draft of the Declaration to the City prior to the release of the Plat by the City, and the covenants, conditions and restrictions of the Declaration shall be acceptable to City Staff, and shall specifically include the following design or architectural controls: . c: \file\hopcivil \beard. pud 9 . i) That the minimum market value or sale price of each single family residence within the Plat, when originally offered for sale, shall be One Hundred Fifty Thousand and nol100 Dollars ($150,000.00). ii) That each single family residence within the Plat shall have a minimum finished main floor living area, including stair wells and entrance foyers, of one thousand twenty-five (1,025) square feet. iii) That the exteriors of all residences will be finished with maintenance-free materials such as aluminum, steel or vinyl siding, stone, brick, stucco or other cementous coating system or tile. iv) Each residence shall have a two-car, attached garage. The Declaration shall provide that the design standards and architectural controls are for the benefit of and shall be enforceable by the City, provided that such design standards and architectural controls shall no longer be enforceable by the City with respect to each individual residence after the issuance of a Certificate of Occupancy for such residence. The Declaration shall also provide that refuse and recycling services for residences constructed within the Plat shall not be provided by the City but shall be privately contracted for by the owners of lots within the Plat or their homeowner's association. C. Upon approval of the Declaration by the City, the City shall execute a Certificate, in recordable form, certifying that the Declaration has been reviewed and approved by the City for compliance with the requirements of this PUD Agreement. c: \file\hopcivil\beard. pud 10 '. D. A park dedication fee of Five Hundred and no/lOOth Dollars ($500.00) per lot, for a total of Twenty-Nine Thousand and noll OOth Dollars ($29,000.00), shall be due and payable in the following manner: such fee shall be paid at the rate of Five Hundred and no/lOOth Dollars ($500.00) per lot at the time of building permit issuance for each residence to be constructed on lots within the Plat. E. The Developer will execute the required form of Access and Right-of-Entry Agreement in favor of the City relating to the construction and maintenance of the NURP ponds and related drainage improvements. Such Access and Right-of-Entry Agreement will be executed by the Developer, consented to by any lien holders, recorded as an encumbrance against the title to the Real Property and require Developer and its successors and assigns to maintain the NURP ponds and related drainage improvements, in perpetuity. F. The Developer shall install, at the Developer's sole expense, the landscaping improvements within the rights of way of Tyler Avenue and Second Street Northeast, as depicted in Plan C, the Landscaping Plan. G. The Developer shall provide evidence of title to the Real Property and any property over which public easements are to be obtained to the City. Such evidence of title shall be acceptable to the City Attorney. H. The Developer shall construct, at the Developer's sole expense, a fence along the northerly and westerly boundaries of outlot B, on which the NURP pond is to be located, of a design and materials approved by City Staff. The Developer shall also construct, at the Developer's sole expense, fencing in all locations shown in the . c: \f1Ie\hopcivil\beard. pud 11 Plans, including along the north boundary line of the Real Property adjacent to Oaks Park, such fencing to be of a design and materials approved by City Staff. 1. The Plans shall be acceptable to and approved by City Staff. J. No building permit shall be issued by the City for the construction of any building or residence upon the Real Property until all of the Improvements, with the exception of any landscaping, curb, gutter or paving improvements constituting part of the Improvements, have been substantially completed in accordance with the Plans and the requirements of this PUD Agreement, except that the City shall issue a building permit for a single residence to be constructed by Developer as a model, but upon and subject to the following conditions: i) Such model residence shall be constructed on Lot I, Block 3. ii) The Developer shall have complied with all other conditions and requirements that are otherwise applicable to the issuance of a building permit for construction of a single family residence. iii) A temporary Certificate of Occupancy may be issued for such model residence when all utilities are available to Lot I, Block 3, and are connected to the model residence. Such temporary Certificate of Occupancy shall allow use of the model residence only for display and sales purposes, but not for occupancy. No final Certificate of Occupancy shall be issued for any residence constructed upon the Real Property, including the model residence unit, until all of the Improvements, with the exception of the final lift of asphalt and any landscaping constituting a part of the c: \fiIe\hopcivil\beard. pud 12 Improvements, have been substantially completed in compliance with the requirements of the Plans and this PUD Agreement. 13. Compliance With Other Requirements. Assignment by Developer. Termination. Developer agrees that it shall complete the Improvements in compliance with this PUD Agreement, the conditions listed in the City Council Resolutions identified in Recital Paragraph C of this PUD Agreement and the provisions of the City's Code of Ordinances. The terms, conditions and restrictions established by this PUD Agreement shall run with the title to the Real Property and apply to and bind the Developer and each and every subsequent owner of any part of the Real Property or the Plat and their respective successors and assigns, and shall operate as a covenant passing with the title to the Real Property, the Plat and any part thereof. All of said terms, conditions and restrictions are imposed upon the Real Property as a servitude in favor of the City of Hopkins, Minnesota, for its benefit only. The Developer shall not assign its rights or obligations under this PUD Agreement without the prior written approval of the City, which approval may be withheld or granted subject to or based upon reasonable terms and conditions, including: i) The experience and ability of the proposed Assignee in the development of projects similar to the project described in the Plans; ii) Evidence of the financial ability of the proposed Assignee to perform the Developer's obligations under and comply with the requirements of this PUD Agreement; and iii) The execution by the proposed Assignee of an Assumption of all of the Developer's liabilities and obligations under this PUD Agreement, and delivery of such written Assumption, in recordable form, to the City. c: \fLIe\hopcivil\beard. pud 13 Hopkins Mainstreet, Inc. may be released from its obligations as the Developer under this PUD Agreement only after final approval by the City of an Assignment and Assumption of the Developer's rights and obligations hereunder upon the terms and conditions stated in the preceding sentence, which final approval shall be evidenced only by the affirmative vote of the City Council of the City. Notwithstanding the foregoing, the City agrees that it shall approve and accept the Ryland Group, Inc., as an assignee of the Developer's rights and obligations under this PUD Agreement, and shall release Hopkins Mainstreet, Inc., from its obligations as the Developer under this PUD Agreement, upon the execution and delivery to the City by the Ryland Group, Inc., of an Assignment and Assumption, in recordable form, assuming all of the Developer's liabilities and obligations under this PUD Agreement. The terms, conditions and restrictions established by Paragraph 22 of this PUD Agreement are perpetual in duration. All other agreements, warranties, terms, covenants, conditions and restrictions established by this PUD Agreement shall continue in effect until the Developer has fully performed, satisfied and complied with all of such agreements, warranties, terms, covenants, conditions and restrictions in accordance with their terms and has discharged all of the Developer's obligations under this PUD Agreement. The agreements, terms, covenants, conditions and restrictions established by this PUD Agreement, other than those described in Paragraph 22 of this PUD Agreement, may be terminated and released at any time, in whole or in part, by the City by means of a written Release, in recordable form, duly executed by the City, provided that the City shall be under no obligation to release any of such terms, conditions or restrictions until: a) upon satisfactory completion of the City Improvements in compliance with the requirements of this PUD Agreement, the City shall execute and deliver to Developer a certificate, in recordable form, c: \fiIe\hopcivil\beard. pud 14 certifying as to Developer's compliance with the provisions of this PUD Agreement applicable to construction of the City Improvements; and d) upon Developer's full compliance with the remaining agreements, warranties, terms, covenants, conditions and restrictions of this PUD Agreement, other than those described in Paragraph 22, the City shall execute and delivery to Developer, upon written request by Developer, a Certificate, in recordable form, certifying as to the Developer's compliance with such agreements, warranties, terms, covenants, conditions and restrictions. 14. Security and Claims. To guaranty Developer's compliance with the terms of this PUD Agreement, payment of the cost of all Improvements and completion of construction thereof, Developer shall deliver to the City the following Letter(s) of Credit and/or surety bond( s)acceptable to and in favor of the City (the "Security") issued by a bank or surety reasonably acceptable to the City: A. The Security for the landscaping improvements compnsmg a part of the Improvements shall be delivered to the City before the execution and release of the Plat by the City. The amount of such Security for landscaping improvements shall be equal to 125 percent of the estimated cost of the landscaping improvements, as established by a written estimate submitted by Developer's landscaping contractor. B. The Security for the remaining Improvements, other than landscaping improvements, shall be delivered to the City before commencement of construction of such Improvements or issuance of a permit by the City permitting commencement of such construction. The amount of such Security for the remaining Improvements, other than landscaping improvements, shall equal 100 percent of the cost of the Improvements as established by: i) the actual cost of completion of construction of such Improvements as stated in the written contracts or subcontracts for their c: \file\hopcivil\beard. pud 15 construction and installation with the contractors or subcontractors retained by Developer or Developer's general contractor (which written contracts or subcontracts shall be delivered to the City), or ii) a written estimate from Developer's Engineer approved by the City Engineer. The Security shall be conditioned upon Developer's completion of the Improvements for which the Security is provided, replacement of any defective or nonconforming Improvements and payment of the entire cost thereof, and the form and content of the Security shall be subject to the reasonable approval of the City. Developer shall maintain the Security in effect for a term ending one (1) year after the date on which Developer has substantially completed the Improvements and delivered proof of payment therefore to the City (which latter date is herein referred to as the "Termination Date"). Developer shall initially deliver to the City the original Security expiring no earlier than one (1) year after the date of delivery of the original Security to the City. Thereafter, no later than thirty (30) days before the expiration of the Security, Developer shall deliver to the City original written evidence, in form reasonably acceptable to the City, extending the term of the Security for successive one (1) year periods, but in no event extending beyond the Termination Date. If Developer fails to deliver such original written evidence of extension of the Security at least thirty (30) days before expiration of the Security, Developer shall be deemed to be in default under this PUD Agreement and the City may draw upon the Security. With City approval, upon receipt of evidence acceptable to the City of payment of financial obligations related to the construction of the Improvements, the Security may be reduced from time to time as financial obligations relating to the construction of the Improvements are paid, but in no case shall the Security be reduced to an amount less than twenty percent (20%) of the cost of the City Improvements (such cost to be determined in the manner specified in Subparagraph B ofthis Paragraph 14) until the Termination c: \f1Ie\hopcivil\beard. pud 16 . Date. Notwithstanding the provisions of the preceding sentence, the Security for the landscaping improvements comprising a part of the Improvements may not be reduced, and shall be maintained at its original amount until one (1) year after completion of such landscaping improvements. The City may draw upon or enforce the Security for any violation of the terms of this PUD Agreement which is not cured within ten (10) business days after written notice to the Developer, provided, in the event the default is such that it cannot be cured with reasonable diligence within ten (10) business days, the City shall not draw upon the Security so long as Developer is proceeding with all due diligence to cure such default and such default is, in fact, cured within thirty (30) days after the initial written notice of default to Developer. If the Improvements (other than the final lift of asphalt) are not completed on December 31, 2000, the City may also draw upon or enforce the Security. If the Security is drawn upon, the draw shall be used to cure the default (including . completion of the Improvements by the City, provided the City shall have no obligation to complete the Improvements) and may also be used to payor reimburse the City for any cost, expenses or damages recoverable under Paragraph 15 of this PUD Agreement. The Security shall be released to Developer on the Termination Date. In the event the City receives notice of or claims from laborers, materialmen or others contributing to the Improvements that any amounts due them have not been paid when due, and such laborers, materialmen or others are seeking payment out of the Security or intend to assert claims against the City, the Improvements or the real property on which the Improvements have been installed, and if such claims are not fully resolved at least ninety (90) days before the Security will expire, Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Security in an . c: \file\hopcivil\beard. pud 17 amount up to 125 percent of the claims and deposit the amount so drawn with the District Court Administrator in compliance with said Rule 22, and, upon such deposit, Developer shall release, discharge and dismiss the City from any further proceedings as it pertains to the sums deposited with the District Court Administrator, except that the Court shall retain jurisdiction to determine attorneys' fees. Developer agrees that it shall protect, indemnify and hold the City and its agents, representatives and employees harmless from and against all costs, damages and liabilities, including reasonable attorneys' fees and Court costs, resulting from or incurred in connection with Developer's failure to comply with the terms, covenants, conditions and requirements of this PUD Agreement. 15. Enforcement of pun Aa:reement. The terms, conditions, requirements and restrictions established by this PUD Agreement shall be enforceable exclusively by the City of Hopkins, Minnesota, and shall be enforceable by injunctive relief, prohibitive or mandatory, to prevent the breach of or enforce performance or observance of the terms, conditions, requirements and restrictions established by this PUD Agreement, or by any other available legal proceeding or remedy, including, but not limited to: a. Legal proceedings to recover, collect, payor reimburse the City for the cost of completing construction of the Improvements. b. All costs and expenses incurred by the City in curing any other default by Developer in the performance of any of the terms, covenants and conditions of this PUD Agreement. c. All reasonable costs and expenses for engineering, legal and administrative expenses incurred by the City in enforcing Developer's performance of this PUD Agreement or the completion of construction of the Improvements. d. Any other remedy or sanction provided by Minnesota Statutes or the Ordinances of the City of Hopkins. c: \file\hopcivil\beard. pud 18 The City agrees that it shall give Developer written notice and a reasonable opportunity to cure any default by Developer in the performance of its obligations under this PUD Agreement before incurring third-party costs and expenses that are recoverable from Developer under Subparagraphs a-d of this Paragraph 15, provided Developer shall proceed with all due diligence to cure any such default and, in no event, shall the time for Developer to cure a default exceed thirty (30) days after delivery of Notice of Default to Developer. Developer acknowledges that the rights of the City to enforce performance of the terms, conditions, requirements and restrictions established by this PUD Agreement are special, unique, and of an extraordinary character and that, in the event Developer violates or fails or refuses to perform any term, condition or restriction established by this PUD Agreement, the City shall have no adequate remedy at law. Developer agrees, therefore, that in the event Developer violates any term, condition or restriction established by this PUD Agreement, the City, may, at its option, initiate and prosecute an action to specifically enforce the performance of the terms, conditions and restrictions established by this PUD Agreement. No remedy specified in this PUD Agreement is intended to be exclusive, and each remedy shall be cumulative, and in addition to each and every other remedy. Failure of the City to enforce any of the terms, conditions and restrictions established by this PUD Agreement in any particular instance shall in no event be deemed to be a waiver of the right to do so as to any subsequent violation. Developer agrees that Developer shall pay the City's reasonable attorneys' fees and expenses incurred in the enforcement of the terms, conditions and restrictions of this PUD Agreement. Developer shall be liable for the obligations of Developer under this PUD Agreement. 16. Notices. Any notice, request or other communication required or provided to be given under this PUD Agreement shall be in writing and shall be deemed to be duly given when c: lfile Ihopcivil \beard. pud 19 . delivered personally to an officer of Developer or to the City Manager of the City or when mailed by first class United States Mail, postage prepaid, addressed as follows: To Developer: Hopkins Mainstreet, Inc. 10 - 11th Avenue South Hopkins, MN 55343 To City: City of Hopkins 1010 First Street South Hopkins, MN 55343 Attention: City Manager or to such other address as either party, by notice given as herein provided, shall designate. Mailed notice shall be conclusively deemed to have been given two (2) business days after the date of mailing. 17. Severability. Invalidation of any of the terms, conditions, provisions or restrictions . of this PUD Agreement, whether by Court Order or otherwise, shall in no way affect any of the other terms, conditions, provisions and restrictions, all of which shall remain in full force and effect. 18. Headin2s. The headings and captions at the beginnings of paragraphs of this PUD Agreement are for convenience of reference only and shall not influence its construction. 19. Execution of Counterparts. This PUD Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. 20. Construction. This PUD Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. 21. Evidence of Title and Recordation ofPUD A2reement. Prior to the execution of this PUD Agreement, Developer shall provide the City with evidence of title to the Real Property, at Developer's expense, in the form of a current Commitment for Owners' Title Insurance. c: \fiIe \hopcivil\beard. pud 20 Developer shall cause this PUD Agreement to be executed by or consented to by all persons holding any interest in the title to the Real Property, or lien thereon, as deemed necessary by the City. Developer agrees to cause this PUD Agreement to be filed for record as a restriction against the title to the Real Property. 22. Ownership. Maintenance and Repair ofImprovements. All of the Improvements, other than the City Improvements, shall be and remain the sole property of the Developer, and its successors in title to the Real Property and the lots and outlots included within the Plat. The Improvements which are to be the sole property of the Developer, and its successors, shall include, but are not limited to, all utility improvements, streets or driveways located within the boundaries of the Plat, including those to be constructed within Outlot A. The Developer and its successors shall be solely responsible for all repair, maintenance (including, but not limited to, snowplowing, snow removal, sweeping and resurfacing), restoration and replacement of any street or driveway improvements and the repair and maintenance of any utility improvements, at the sole cost and expense of the Developer and its successors in interest. The City shall not be responsible for the maintenance or repair of any of the Improvements other than the City Improvements, and shall have no liability whatsoever for any costs, expenses, liabilities, obligations, claims and demands related to or arising from, either directly or indirectly, the design, construction, use, maintenance, repair, reconstruction or replacement of the Improvements, together with all modifications or replacements thereof or additions thereto. The Developer shall protect, indemnify and hold the City, and its officials, representatives, agents and employees, harmless from and against all liabilities, obligations, responsibilities, claims, costs, expenses (including reasonable attorney's fees), demands and causes of action relating to or arising out of, directly or indirectly, the design, construction, maintenance, c: \file\hopcivil \beard. pud 21 repair, reconstruction, replacement, ownership or use of the Improvements (provided that the City shall be responsible for maintenance and repair of the City Improvements following their acceptance by the City, but subject to the Developerts warranty of the City Improvements), and any replacements or substitutions therefor, including, but not limited to, claims for injury to persons or property. The recordation of this PUD Agreement shall constitute notice to all successors of Developer, including purchasers of lots within the Plat, of the non-liability of the City for maintenance, repair, reconstruction or replacement of the Improvements as herein provided. IN WITNESS WHEREOF, Developer and the City have executed this PUD Agreement as of the date and year first above written. HOPKINS MAIN STREET, INC. By Its STATE OF ) )SS ) COUNTY OF The foregoing instrument was acknowledged before me this day of 1999, by the , of Hopkins Mainstreet, Inc., a corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public c: \fIle \hopciv il\beard. pud 22 CITY OF HOPKINS By Its By Its STATE OF ) )SS ) COUNTY OF The foregoing instrument was acknowledged before me this day of 1999, by the and the , of The City of Hopkins, a municipal corporation, under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Miller, Steiner & Curtiss, P.A. 400 Norwest Bank Building 1011 First Street South Hopkins, Minnesota 55343 c: \file\hopcivil\beard.pud 23 . c: \file\hopcivil\beard. pud EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY 24 . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 99-75 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT ON THE FORMER ALLIANT TECH PARKING LOT WHEREAS, an application for a Subdivision, SUBD99-1, has been made by The Beard Group; WHEREAS, the procedural history of the application is as follows: I. That an application for a preliminary plat was made by The Beard Group on May 28, 1999; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on June 29, 1999: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; and 4. A legal description of the subject property is as follows: Tract J and West 581.55 feet of Tract I also that part of west 581.55 feet of Tract K lying south of north 434 feet thereof, Registered Land Survey No. 561. NOW, THEREFORE, BE IT RESOLVED that the application for Subdivision SUBD99-1 is hereby given preliminary approval based on the following Findings of Fact: I. That the proposed plat meets the minimum requirements of the subdivision ordinance. BE IT FURTHER RESOLVED that application for Subdivision SUBD99-1 is hereby approved subject to the following conditions: 1. That the property is rezoned from R-I-C to R-I-A, PUD, and that the applicant complies with all conditions of such rezoning. 2. That the applicant and the City execute a PUD development agreement. 3. That the final plat shall comply with all subdivision and platting requirements of the Hopkins City Code and Minnesota Statutes. Adopted this 7th day of September, 1999. Charles D. Redepenning, Mayor ATTEST: Terry Obermaier, City Clerk