AGENDA

ROGERS CITY COUNCIL

SPECIAL MEETING

May 19, 2020 - 6:00 PM

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

2. OPEN FORUM

3. PRESENTATIONS

4. APPROVE AGENDA

5. CONSENT AGENDA

6. PUBLIC HEARINGS

7. GENERAL BUSINESS

7.1 Request for Approval of Amendment to the Developer's Agreement - Cavaliera Homes,LLC

8. OTHER BUSINESS

9. CORRESPONDENCE AND REPORTS

10. ADJOURN

REQUEST FOR ACTIONROGERS CITY COUNCIL

Meeting Date: May 19, 2020

Agenda Item: No. 7.1

Subject: Request for Approval of Amendment to the Developer's Agreement - CavalieraHomes, LLC

PreparedBy:

Max Pattsner, Associate Planner and Jason Ziemer, City Planner / CommunityDevelopment Coordinator

Recommended City Council ActionApprove an amendment to Section 2.02 of the Master PUD Development Agreement, Section2.02 (Master Plan & Lot Standards), striking the lot standards for Front, Rear and Side Yardsetbacks.

Overview / BackgroundOn November 26, 2019, a Final Plat was approved by City Council for Cavaliera Homes, LLC(“Applicant”), per Resolution No. 2019-92. The approved Final Plat was for Brenly Meadows, a 38-lotattached townhome subdivision to be located on two properties at 21900 129th Avenue and 21908129th Avenue (PIDs: 23-120-23-23-0004 and 23-120-23-23-0007) (“Subject Property”). Previousapprovals by the Council relating to this development include the rezoning request to Planned UnitDevelopment (“PUD”), per Ordinance No. 2019-06, and Preliminary Plat for Brenly Meadows, perResolution No. 2019-72, and Master Development Plan on August 27, 2019. On May 4, 2020, the Applicant submitted building permit applications for construction of the firstbuilding on the site, including four individual units. The developer has reached out to City staff, notingan apparent error in the translation from building plans to the site plan. The error: the northernmost unitof the building is proposed to encroach about 5 inches into the 5-foot side lot line setback. Due to thenature of the building design, this encroachment is likely to re-occur with each subsequent building inthe development. In order to address this issue, the Applicant is requesting City Council approval an amendment to theMaster PUD Development Agreement, striking the lot line setback requirements for the building pads. Allother setbacks would remain unchanged; the distance between buildings and from streets are notaffected.

Primary Issues to Consider· Preliminary Plat· Final Plat· Site Plan (Lot 6, Block 1)· Developer’s Agreement

Analysis of Primary IssuesThe Brenly Meadows development consists of ten (10) buildings – each comprised of three, four or fiveattached townhomes – with 38 units in total. Lot lines in the development are essentially arbitrary, with

each building surrounded by a box, divided by interior lot lines separating individual units along theadjoining walls. The approved interior setbacks within each building area are 10 feet from the front, five(5) feet from the rear, and five (5) feet from each side of the building. These setbacks do not representany meaningful boundary, except to denote an arbitrary distance from the exterior wall of the building,beyond which all land shall be owned by the Home Owner’s Association. All building area setbacks are a minimum 25 feet in the front, 30 feet in the rear, and 10 feet to eachside (between each buildable area). These setbacks would be maintained in the case that the lot linesetback requirements were to be removed. Example: The building plans for the first building, Lot 6, Block 1, show a 5-inch encroachment into the5-foot north side setback, and an extra five (5) inches between the south building edge and the southside lot line. The proposed lot line setbacks for this building would be 4 feet, 7 inches to the north, and5 feet 5 inches to the south. This does not meet the standards set by the Developer’s Agreement. City Planning staff discussed several options with City Administrator Steve Stahmer and the developer,ultimately settling on the amendment – as requested by the developer – as the best and simplestadministrative option. As noted above, the amendment removes the interior lot line within each buildable area. The typicalfocus of setbacks of the larger lots for each of the attached, multi-unit buildings within a development.Each of the individual units are designed to encompass each of the individual lots. For Brenly Meadows,each individual lot is 2,100 square feet (minimum) to 2,500 square feet (maximum). The planssubmitted, and approved, reflected the smaller, individual internal lot setbacks. Although not typical,Planning staff did accept those as they were recommended by the developer. Planning staff arecomfortable amending the Development Agreement, striking the interior lot line setbacks, as the mainsetbacks are unaffected. The change also has no impact to utilities, easements or other issues ofconcern to the City.

Staff RecommendationCity Staff recommend the City Council to approve an amendment to Section 2.02 of the Master PUDDevelopment Agreement, Section 2.02 (Master Plan & Lot Standards), striking the lot standards forFront, Rear and Side Yard setbacks.

ATTACHMENTS:DescriptionPreliminary PlatFinal Plat - Brenly MeadowsSite Plan - Lot 6, Block 1Developer's Agreement - Article IIFinal_Amendment_Development Agreement_Brenly Meadows_05-19-2020

P

A

R

C

E

L

1

P

A

R

C

E

L

2

EXCEPTION

OW

NER:

O

W

N

E

R

:

OW

NER:

OWNER:

OWNER:

OWNER:

OW

NER:

OW

NER:

OWNER:

129TH AVENUE NORTH

f:\jobs\7841 - 7860\7859 - kinghorn site - rogers\cad c3d\survey\preliminary\7859_prp.dwgSave Date: 06/21/19

CAVALIERA HOMES, LLC

3378 - 156th Avenue NW

Andover, MN 55304

of

3890 Pheasant Ridge Drive NE,

Suite 100

Blaine, MN 55449

Phone: (763) 489-7900

Fax: (763) 489-7959

www.carlsonmccain.com

BRENLY MEADOWS

Rogers, Minnesota

environmental

engineering

surveying

···

PRELIMINARY PLAT

Thomas R. Balluff, L.S.

I hereby certify that this plan, specification

or report was prepared by me or under my

direct supervision and that I am a duly

Licensed Land Surveyor under

the laws of the State of Minnesota

Print Name:

Signature:

Date: License #:6/05/19 40361

DRAWN BY:

ISSUE DATE:

FILE NO: 1850

KCM

6/05/19

8

3

LEGEND

SITE DATA

BRENLY

MEADOWS

SETBACK DATA

1. 6/20/19 Update Wetland Boundary per Bopray Environmental Services

Revisions:

EXCEPTION129TH AVENUE NORTH

ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING

BRENLY MEADOWSVICINITY MAP

I�?MRE

V?�����������?�������EUHQO\�P

HDGRZ

V?FDG�F�G?VXUYH\

?���������GZJ

6DY

H�'DWH�

��������

6QYPJQOG�#FFTGUU�

%GTVKHKECVG�QH�5WTXG[�HQT�%#8#.+'4#�*1/'5��..%

�����������4QIGTU��/0

6QYPJQOG�/QFGN���7PKV�)WPP

�����3KHDVDQW�5LGJH�'ULYH�1(��6XLWH������%ODLQH��01������

3KRQH�����������������)D[��������������

Ő Ő

5HYLVLRQV�

4

Developer by this paragraph. 1.10 Maintenance of Common Areas and Improvements. Developer shall form the Cavaliera Townhomes Homeowners Association, a corporation formed under Chapter 317A, Minnesota Statutes, and shall record along with the Plat a Declaration establishing the Association’s right to provide for the maintenance, repair and upkeep of all comment areas, element and improvements in the Development. 1.11. To the Developer. The City grants to the Developer a Temporary Construction Easement (“Easement”) over, under and across the rights-of-way dedicated to the public in the Brenly Meadows Final Plat for purpose of construction of the Improvements. The Easement will commence with the filing of the Brenly Meadows Final Plat with Hennepin County, and shall terminate upon acceptance of the Improvements by the City. 1.12. To the City. The Developer grants to the City, its agents, representatives, employees, officers, and contractors, a right of entry to access all areas of the Subject Property to perform any and all work and inspections necessary or deemed appropriate by the City or to take any corrective actions deemed necessary by the City in conjunction with this Agreement. The right of entry conveyed by the Developer to the City shall continue until the City accepts the Improvements. The City will provide the Developer with reasonable notice prior to exercising its rights hereunder, except in the case of an emergency.

ARTICLE TWO LAND USE CONTROLS & DEVELOPMENT STANDARDS;

FUTURE PUBLIC IMPROVEMENTS 2.01. Development Phasing. The Developer has received Final Plat approval for the entire Development but plans to construct the Development in phases. Lots 1 through 31 shall be constructed first, followed by Lots 32 through 38 at a date to be determined by the Developer. The private road and all utilities shall be installed with the initial construction phase. 2.02. Master Plan & Lot Standards. The Approved Plans reflect the City Approvals of the Development. The Developer may not build less than or exceed the 38 attached townhome units as shown on the Approved Plans, and except for the private road, utilities and trails, the Developer may not build any units or other structures on Outlot A.

Front (ft)

Rear (ft)

Side (ft)

Depth (ft)

Width Min(ft)

Width Max(ft)

Area Min(sf)

Area Max(sf)

Height (ft)

PUD 25 30 10 Lot 10 5 5 75 28 33.33 2,100 2,500 35

The PUD Lot Standards for Front, Rear and Side Yard setbacks are in relation to distances from the Outlot A property boundaries. 2.03. Architectural Guidelines. Architectural guidelines and renderings are attached as Exhibit D and shall be verified upon issuance of building permits. All front elevations facing the private road

5

and all unit façades facing 129th Avenue must satisfy required enhancements, including brick and windows, as shown in Exhibit D. 2.04. Trail Connections. Developer shall construct an off-road trail between Lots 8 and 9, connecting the Development via the private road to Brookside Park. Developer shall also construct an off-road trail connecting from the end of the private road, and adjacent to Lots 34 and 38, to the public trail adjacent to 129th Avenue. 2.05. Monument Sign. Developer shall construct a monument entrance sign for the development at the location shown on the Approved Plans. Exterior finishes of the sign shall match the exterior materials for units within the Development. The Developer shall enhance the landscaping surrounding the monument sign. 2.06. Existing Home. The City has approved the Final Plat for Brenly Meadows which includes the re-platting of an existing home site, legally described as Lots 1 through 4, Block 10 on said Final Plat. The City has approved the Developer’s retention of the home until the phased construction plan of the development causes the need for the home to be removed and site to be graded for the construction of the four (4) unit townhome building, or for two (2) years from the date of this Agreement, which ever occurs first. 2.07. Future 129th Avenue Intersection. Public improvements on 129th Avenue, including but not limited to an upgraded intersection and/or turn lanes into the Development, have not been required of the Developer. Future development on the south side of 129th Avenue, and directly across from the Development, will warrant such public improvements which, the City anticipates, will be specially assessed to benefitting properties including the entirety of the Development. The Developer acknowledges and agrees, on behalf of future owners, that the Development will be benefitted by such improvements.

ARTICLE THREE FINANCIAL GUARANTY AND REQUIRED PAYMENTS 3.01. Development Costs. All fees and costs as further set out in Exhibit B must be paid in full to the City prior to the delivery of the Final Plat to Developer for recording. As stated in Exhibit B, the Developer shall pay, in full, an outstanding assessment of $29,875 for the 2011 129th Avenue Street Improvement Project. 3.02. Financial Guaranty, Improvements. Prior to commencement of construction of the Improvements, the Developer will furnish the City an irrevocable letter of credit (“Security”) approved by the City Attorney, in the amount as set forth in Exhibit B. The Security must contain a provision that prohibits the issuer or surety from terminating the Security without first giving 45 days’ written notice to the City of the proposed termination or expiration of the Security. Failure of the Developer to post a substitute Security within five (5) business days after notice by the City shall constitute a default that shall be grounds for drawing on the Security. The City Administrator may grant a reduction in the Security upon written request by the Developer based upon the value of the completed work at the time of the requested reduction. The Security may not be reduced to less than 10% of the original amount until all work required of the Developer by this Agreement have been

1

AMENDMENT TO

PLANNED UNIT DEVELOPMENT AGREEMENT

BRENLY MEADOWS

THIS AMENDMENT to the BRENLY MEADOWS PLANNED UNIT

DEVELOPMENT AGREEMENT (“Amendment”) made this the 19th day of May, 2020 by and

between the City of Rogers, a municipal corporation under the laws of Minnesota (“City”), located

at 22350 South Diamond Lake Road, Rogers, Minnesota 55374, and Cavaliera Homes, LLC, a

Minnesota limited liability company, located at 3378 156th Avenue NW, Andover, MN 55304

(“Developer”).

RECITALS

A. Developer is the fee owner of certain real estate located in the City of Rogers, Minnesota,

which is legally described on the attached Exhibit A (“Subject Property”).

B. Brenly Meadows is a 38-unit attached townhome development (“Development”) on 6.89

acres of land adjacent to 129th Avenue.

C. The City Council approved the Rezoning of the Subject Property to Planned Unit

Development by Ordinance No. 2019-06 and the Preliminary Plat for the Development by

Resolution No. 2019-72 both on August 27, 2019; and the Final Plat, by Resolution No. 2019-92,

on November 26, 2019.

D. The City and Developer entered into the Brenly Meadows Planned Unit Development

Agreement on November 26, 2019 (“Agreement”) for the Development. The Agreement sets forth

certain requirements and obligations relating to the development of the Subject Property, including

but not limited to lot standards, fees and financial securities, and execution and recording of certain

instruments.

AMENDMENT

LOT STANDARDS

1.01 Master Plan & Lot Standards. Section 2.02 of the Agreement is hereby amended to set and

establish the following required lot standards:

Front

(ft)

Rear

(ft)

Side

(ft)

Depth

(ft)

Width

Min(ft)

Height

(ft)

Width

Max(ft)

Area

Min(sf)

Area

Max(sf)

Lots 25 30 10 75 28 35 33.33 2,100 2,500

1.02 Ratification. Except as otherwise provided in this Amendment, the Agreement remains

unchanged and in full force and effect and is hereby ratified.

2

IN WITNESS OF THE ABOVE, the duly authorized representatives of the parties have caused

this Amendment to the Brenly Meadows Planned Unit Development Agreement to be executed in

duplicate on the date and year written above.

CAVALIERA HOMES, LLC CITY OF ROGERS

Nathan Gunn Rick Ihli Its Chief Manager Its Mayor

Stacy Scharber Its Administrator

STATE OF MINNESOTA )

) ss.

COUNTY OF )

The foregoing instrument was acknowledged before me this _____ day of

_______________ 2020, by Nathan Gunn, Chief Manager, of Cavaliera Homes, LLC, a Minnesota

limited liability company, on behalf of the company.

____________________________________

Notary Public

STATE OF MINNESOTA )

) ss.

COUNTY OF HENNEPIN )

The foregoing instrument was acknowledged before me this _____ day of

_______________, 2020 by Rick Ihli and by Steve Stahmer, the Mayor and Administrator,

respectively, of the City of Rogers, a Minnesota municipal corporation, on behalf of the

corporation.

THIS INSTRUMENT WAS DRAFTED BY:

City of Rogers

22350 South Diamond Lake Road

Rogers MN 55374

(763) 428-2253

3

EXHIBIT A

BRENLY MEADOWS

LEGAL DESCRIPTION OF THE PROPERTY

Lots 1 through 4 inclusive, Block 1; Lots 1 through 4 inclusive, Block 2; Lots 1 through 3

inclusive, Block 3; Lots 1 through 4 inclusive, Block 4; Lots 1 through 5 inclusive, Block 5; Lots

1 through 4 inclusive, Block 6; Lots 1 through 3 inclusive, Block 7; Lots 1 through 4 inclusive,

Block 8; Lots 1 through 3 inclusive, Block 9; and Lots 1 through 4 inclusive, Block 10 of Outlot

A, BRENLY MEADOWS, Hennepin County, Minnesota.

[Torrens][Abstract]