HomeMy WebLinkAbout6.l. Request by D.R. Horton4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting Date: April 16, 2013
AGENDA ITEM: Case 13- 13 -FP; 13- 15 -AMD Request by D.R.
Horton for the Approval of the Prestwick Place
8th Addition Final Plat for 33 Lots and
AGENDA SECTION:
Amendment to the Prestwick Place 4th Planned
Consent
Unit Development Agreement to include the
Lots within Prestwick Place 8th.
PREPARED BY: Eric Zweber, Senior Planner
AGENDA NO.
ATTACHMENTS: Location Map; Resolutions; Minor Planned Unit
APPROVED BY:
Development Agreement; Final Plat;
Preliminary Plat; Grading Plans; Landscape
Plan; Subdivision Agreement; City Engineer's
Memorandum dated April 9; Excerpts from the
March 26 Planning Commission Meeting.
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RECOMMENDED ACTION:
1. Motion to adopt a resolution approving the Final Plat for Prestwick Place 8th
Addition.
2. Motion to adopt a resolution approving a Minor Amendment to the Prestwick Place
4th Addition Planned Unit Development Agreement adding the lots for Prestwick
Place 8th Addition.
3. Motion to approve the amended Prestwick Place 4th Planned Unit Development
Agreement, the Subdivision Development Agreement for Prestwick Place 8th
Addition, and authorizing the Mayor and City Clerk to enter into these agreements.
ISSUE
D.R. Horton has submitted an application for approval of a Final Plat for approximately 11 acres located
directly west of Akron Avenue (County Road 73) and north of Connemara Trail. The development, named
Prestwick Place 8`h, is the fourth phase for DR Horton and creates 33 single family lots with a minimum lot
width of 65 feet.
MARCH 26 PLANNING COMMISSION MEETING
The Planning Commission reviewed the Prestwick Place 8`h request on March 26. Commissioner Miller
requested an explanation of who will maintain the trees that will be installed. Staff explained that since the
trees are installed on the individual lots, future homeowners will be responsible to maintain the trees.
Commissioner Husain asked who will build the fences along Connemara Trail. Staff responded that either
the builder or the individual home owners could build the fencing and that both have happened in the
past. Chair Powell questioned why we are requesting a drainage and utility easement that would need to be
vacated during future development. Staff explained that this a common practice because it is easier than
creating specific easements for utility stubs and existing drainage patterns that would likely need to be
vacated in the future as well. The Planning Commission unanimously recommended approval of
Prestwick Place 8'h Final Plat.
SUMMARY
D.R. Horton received the approval of Prestwick Place 2 "a Addition Preliminary Plat on July 19, 2011 for 127
lots with a minimum width of 65 feet. In 2011, DR Horton developed the Prestwick Place 2 "a Addition
Final Plat to construct 29 single family homes on approximately 12 acres located directly west of Akron
Avenue (County Road 73) and north of Connemara Trail. In 2012, DR Horton requested the second and
third phases of their development, named Prestwick Place 4a' and 66', to construct an additional 34 lots on
approximately 11 acres located north of Prestwick Place 2 "a. Tonight, D.R. Horton is requesting 33 lots on
approximately 11 acres north and west of Prestwick Place 2 "a
Staff supports approval of this final plat and finds that it is substantially in conformance with the approved
Preliminary Plat.
Surrounding Land Uses
North - Agriculture and the Union Pacific rail line
West - Agriculture and the Bloomfield single family housing
South - Lennar single family homes, future commercial, and future City Park
East - Ryland single family homes and future apartments and townhomes
D.R. Horton is proposing a 33 lot subdivision on approximately 11 acres in two disconnected areas.
Nineteen lots are proposed directly north of Prestwick Place 2nd and directly south of Prestwick Place 4a'.
The other 14 lots are proposed west of Prestwick Place 2 "a, southwest of Prestwick Place 2 "a, and northeast
of Connemara Trail. Upon approval of the final plat, 96 of the ultimate 127 lots will be available for
construction. The plat provides a connection with Connemara Trail at Adelaide Avenue, directly across
from the future park. This access will provide three accesses to the D.R. Horton development.
Residential Density
Single Family Housing
D.R. Horton's approved Prestwick Place 2nd preliminary plat has 127 lots with a minimum width of 65 feet
and side yards setbacks that total 15 feet. These dimensions would result in building pads of at least 50 feet
in width. The 50 foot building pads will allow the construction of homes with three car garages. Due to the
increased density of the neighborhood and to be compatible with the other single family homes recently
approved in the City, the Planned Unit development (PUD) requires additional front elevation design
standards beyond that required in the Zoning Ordinance.
K
Additional
Units
Gross
Akron Avenue
Stormwater
Net
Units per
Acres
Ponding
Acres
Acre
Right-of-way
Preliminary Plat
127
46.2
0.41
2.53
43.26
2.94
Final Plat
33
11.5
n/a
n/a
11.5
2.87
Single Family Housing
D.R. Horton's approved Prestwick Place 2nd preliminary plat has 127 lots with a minimum width of 65 feet
and side yards setbacks that total 15 feet. These dimensions would result in building pads of at least 50 feet
in width. The 50 foot building pads will allow the construction of homes with three car garages. Due to the
increased density of the neighborhood and to be compatible with the other single family homes recently
approved in the City, the Planned Unit development (PUD) requires additional front elevation design
standards beyond that required in the Zoning Ordinance.
K
Street System
The Final Plat depicts the construction of two streets, labeled Abercorn Avenue and Adelaide Avenue.
Abercorn Avenue runs roughly from the northwest to the southeast and will connect the Abercorn Avenue
and Abbeyfield Avenue intersection constructed with Prestwick Place 2nd with the Abercorn and Adair
Avenues intersection constructed with Prestwick Place e. Adelaide Avenue runs roughly southwest to
northeast and will connect Abercorn Avenue with Connemara Trail.
The typical street design for this subdivision is a 32 foot wide street with a sidewalk installed on one side of
the street. This typical design meets the City's standards for a street that allows parking on both sides of the
street.
Future Phases
It is likely that there is only one 31 lot phase remaining to complete the 127 lots that have received
preliminary plat approval. That final phase would construct a road parallel with Adair Avenue and would
provide two accesses to the future development in the north and northwest.
Parks and Recreation
No parkland is anticipated to be dedicated within the Prestwick Place 8`'' Addition. There is a future City
Park located directly south of this subdivision and the future Connemara Trail extension that has been
approved during the original Prestwick Place preliminary plat approval. The future park is anticipated to
serve the entire Prestwick Place neighborhood located west of Akron Avenue including D.R. Horton's
subdivisions. D.R. Horton is expected to pay a fee -in -lieu of the 1.32 acres of parkland that would be
required to be dedicated per City Code. The current fee is based on a land value of $85,000 /acre and is
based upon the City Council adopted fee schedule.
Access to the City's trail system will be provided by the trails that have been constructed along Connemara
Trail and Akron Avenue. Within the subdivision, pedestrian access will be provided by a sidewalk on one
side of every street including the cul -de -sac.
Wetlands
There are no wetlands located on this site.
Tree Preservation
The site is currently being used as agriculture and is devoid of trees.
Landscaping
The landscaping for the subdivision includes landscaping on the Connemara Trail frontage and trees planted
on the individual lots. There will be additional ornamental landscaping installed near the intersection of
Adelaide Avenue and Connemara Trail while also staying outside the intersection sight triangle. Any fencing
constructed on any of the lots would need to be situated so the landscaping is outside of the fence and
between the fence and Connemara Trail.
3
R -1 Low Density Residential
Zoning
Prestwick Place Preliminary
Plat Zoning Standards
Minimum Lot Width
80 Feet
65 Feet
Minimum Lot Size
10,000 Square Feet
8,750 Square Feet
Minimum Front Yard Setback
30 Feet
25 Feet
Minimum Side Yard Setback
10 Feet
7.5 Feet
Maximum Lot Coverage
30%
35%
Street System
The Final Plat depicts the construction of two streets, labeled Abercorn Avenue and Adelaide Avenue.
Abercorn Avenue runs roughly from the northwest to the southeast and will connect the Abercorn Avenue
and Abbeyfield Avenue intersection constructed with Prestwick Place 2nd with the Abercorn and Adair
Avenues intersection constructed with Prestwick Place e. Adelaide Avenue runs roughly southwest to
northeast and will connect Abercorn Avenue with Connemara Trail.
The typical street design for this subdivision is a 32 foot wide street with a sidewalk installed on one side of
the street. This typical design meets the City's standards for a street that allows parking on both sides of the
street.
Future Phases
It is likely that there is only one 31 lot phase remaining to complete the 127 lots that have received
preliminary plat approval. That final phase would construct a road parallel with Adair Avenue and would
provide two accesses to the future development in the north and northwest.
Parks and Recreation
No parkland is anticipated to be dedicated within the Prestwick Place 8`'' Addition. There is a future City
Park located directly south of this subdivision and the future Connemara Trail extension that has been
approved during the original Prestwick Place preliminary plat approval. The future park is anticipated to
serve the entire Prestwick Place neighborhood located west of Akron Avenue including D.R. Horton's
subdivisions. D.R. Horton is expected to pay a fee -in -lieu of the 1.32 acres of parkland that would be
required to be dedicated per City Code. The current fee is based on a land value of $85,000 /acre and is
based upon the City Council adopted fee schedule.
Access to the City's trail system will be provided by the trails that have been constructed along Connemara
Trail and Akron Avenue. Within the subdivision, pedestrian access will be provided by a sidewalk on one
side of every street including the cul -de -sac.
Wetlands
There are no wetlands located on this site.
Tree Preservation
The site is currently being used as agriculture and is devoid of trees.
Landscaping
The landscaping for the subdivision includes landscaping on the Connemara Trail frontage and trees planted
on the individual lots. There will be additional ornamental landscaping installed near the intersection of
Adelaide Avenue and Connemara Trail while also staying outside the intersection sight triangle. Any fencing
constructed on any of the lots would need to be situated so the landscaping is outside of the fence and
between the fence and Connemara Trail.
3
Trees installed on the individual lots will include one tree for each interior lot and two trees for each corner
lot. The trees will be installed after the lots are developed and final grade has been established. Trees will be
installed in locations that do not interfere with curb stops or individual sewer or water connections. The
subdivision does not expect to have a homeowners association so all the landscaping would be installed on
private property and the individual homeowners would be responsible for their landscaping.
Stormwater Management
Stormwater management will occur through a stormwater pond and infiltration basin located just west of
Abbeyfield Court, east of Adelaide Avenue, and north of Connemara Trail. The City has taken drainage,
utility, and conservation easements over the 100 year water elevation of the pond and basin to allow access
and maintenance of the pond but the private property owners will be responsible for mowing the property
above the 100 year water elevation and any refuse on the property.
Commonly, stormwater ponds and infiltration basins are platted as outlots and are the responsibility of a
homeowner's association. Because this neighborhood will not have a homeowner's association, the
individual private property owners will own and maintain the ponding area. This concept is generally
acceptable to the City Engineer and addressed in more detail in the Engineer's Memorandum.
Additional Public Works Comments
The City Engineer has prepared a memorandum of comments regarding the plat and they are attached to
this executive summary. Most of the topics within the memo have been discussed in the previous sections
of this executive summary, but the memo provides greater detail for the developer and the developer's
engineer.
RECOMMENDATION
Staff recommends that the City Council approve the Final Plat for Prestwick Place 8h Addition, the Minor
PUD Amendment, and the Subdivision Agreement.
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Prestwick Place 8th
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 800 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 3/21/2013
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2013 -
A RESOLUTION APPROVING THE FINAL PLAT
FOR PRESTWICK PLACE 8th ADDITION
WHEREAS, the City of Rosemount received a request for Final Plat approval from D.R. Horton,
Inc. concerning property legally described as:
Oudot A, PRESTWICK PLACE 5 "' ADDITION, according to the recorded plat thereof,
EXCEPT that part which lies within the West Half of the Southwest Quarter of Section 22,
Township 115, Range 19, Dakota County, Minnesota.
UNLINK
That part of Oudot A, PRESTWICK PLACE 5n' ADDITION, according to the recorded plat
thereof, which lies within the West Half of the Southwest Quarter of Section 22, Township 115,
Range 19, Dakota County, Minnesota.
001 F111
Oudot B, PRESTWICK PLACE 6 "" ADDITION, according to the recorded plat thereof,
Dakota County, Minnesota.
WHEREAS, on March 26, 2013, the Planning Commission of the City of Rosemount held a public
hearing and reviewed the Final Plat for Prestwick Place 8`h Addition; and
WHEREAS, on March 26, 2013, the Planning Commission recommended approval of the Final
Plat for Prestwick Place 8`h Addition; and
WHEREAS, on April 16, 2013, the City Council of the City of Rosemount reviewed the Planning
Commission's recommendations.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Final Plat for Prestwick Place 8`h Addition, subject to the following conditions:
1. Trees installed on individual lots shall be planted in a location that does not interfere
with curb stops or individual sewer or water connections.
2. A letter of credit in the value of $10,120 as a landscaping security (46 trees x $200 /tree x
110 %).
3. Fences on lots adjacent to Connemara Trail shall be constructed so that proposed
landscaping is visible to the public, outside the fence and between the fence and
Connemara Trail right -of -way.
4. Compliance with the conditions and standards within the City Engineer's Memorandum
dated April 9, 2013.
RESOLUTION 2013-
5. Payment of fee -in -lieu of park dedication at the time of building permit issuance at the
rate established by the City Council at the time of building permit issuance.
ADOPTED this 16th day of April, 2013, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2013 -
A RESOLUTION APPROVING A MINOR AMENDMENT TO THE PRESTWICK
PLACE 4T" AND 5T" ADDITION FINAL SITE PLANNED UNIT DEVELOPMENT
AGREEMENT TO ADD THE LOTS OF PRESTWICK PLACE 8T" ADDITION
WHEREAS, the Community Development Department of the City of Rosemount received a
request from D.R. Horton, Inc. — Minnesota to amend the Prestwick Place 4`h and 5`h Addition Final
Site and Building Plan Planned Unit Development (PUD) Agreement to add the Lots of Prestwick
Place 8`h Addition; and
WHEREAS, staff has prepared and recommends a Minor PUD Amendment to add the Lots of
Prestwick Place 8`h Addition, and
WHEREAS, on April 16, 2013, the City Council of the City of Rosemount reviewed the application
and staff's recommendations.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Amendment to add the following Lots to the Prestwick Place 4`h and 5`h Addition
Planned Unit Development Agreement:
Lots 1 through 10, Block 1; Lots 1 through 9, Block 2; Lots 1 through 6, Block 3;
Lots 1 through 6, Block 4; and Lots 1 and 2, Block 5;
Prestwick Place 8`h Addition, Dakota County, Minnesota
ADOPTED this 16`h day of April, 2013, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
A MINOR AMENDMENT TO THE PRESTWICK PLACE 4T" AND 5T" ADDITION
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT ADDING THE LOTS FOR
THE PRESTWICK PLACE 8T" ADDITION
THIS DECLARATION made this 16th day of April, 2013, by and between D.R. Horton,
Inc. — Minnesota, a Delaware, (hereinafter referred to as the "Declarant "), and the CITY OF
ROSEMOUNT, a Minnesota municipal corporation (hereinafter referred to as the "City ");
WHEREAS, Declarant is the owner of the real property described on Attachment One,
attached hereto and hereby made a part hereof (hereinafter referred to as the "Subject Property ");
and
WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement,
"Prestwick Place 4th and 5th Addition Final Site and Building Plan Planned Unit Development
Agreement ", dated September 4, 2012 and recorded with the Dakota County Recorder as
document number T708200 on December 19, 2012, (hereinafter referred to as the "Planned Unit
Development Agreement "); and
WHEREAS, Declarant wishes to amend the Planned Unit Development Agreement to
include additional real property owned by Declarant described on Attachment Two, attached
hereto and hereby made a part hereof (hereinafter referred to as the "Prestwick Place 8th
Addition ", which amendment has been approved and consented to by the City of Rosemount,
acting through its City Council, as evidenced by the duly authorized signatures of its officers
affixed hereto.
NOW, THEREFORE, the Declarant declares that the Subject Property and Prestwick
Place 8th Addition is, and shall be, held, transferred, sold, conveyed and occupied subject to the
covenants, conditions, and restrictions, hereinafter set forth.
1. The use and development of the Subject Property and Prestwick Place 8th Addition shall
conform to the documents, plan and drawings listed in Paragraph 1 of the Planned Unit
Development Agreement and, in addition, to the following:
i. City Resolution No. 2013-; Attachment Three
j. Prestwick Place 8th Addition Final Plat; Attachments Four and Five
1
All of which attachments are copies of original documents on file with the City and are made
part hereof.
2. The use and development of the Subject Property and Prestwick Place 8s' Addition shall
conform to the Planned Unit Development Agreement except as modified herein.
a. Legal Description; Attachment One: The list of lot subject to the Planned Unit
Development Agreement shall be amended by adding the lots listed below:
Lots 1 through 10, Block 1; Lots 1 through 9, Block 2; Lots 1 through G, Block 3; Lots 1
through G, Block 4; and Lots 1 and 2, Block S Prestzvick Place 8'b Addition, Dakota County,
Minnesota
3. Except as modified by paragraphs 1 and 2 of this Amendment, the Planned Unit
Development Agreement shall remain in full force and effect.
4. The obligations and restrictions of this Amendment run with the land of the Subject
Property and Prestwick Place 8t" Addition and shall be enforceable against the Declarant,
its successors and assigns, by the City of Rosemount acting through its City Council.
This Amendment may be amended from time to time by a written amendment executed
by the City and the owner or owners of the lot or lots to be affected by said amendment.
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or
representatives of Declarant have hereunto set their hands and seals as of the day and year first
above written.
DECLARANT
By
Its
By
Its
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
2013, by and the and
for and on behalf of a , by
and on behalf of said
2
Notary Public
This Amendment is approved and consented to by the City Council of the City of Rosemount.
CITY OF ROSEMOUNT
William H. Droste, Mayor
And by:
Amy Domeier, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of , 2013,
by William H. Droste and Amy Domeier, the Mayor and City Clerk, respectively, for and on behalf
of the City of Rosemount, a Minnesota corporation, by and on behalf of said corporation.
THIS INSTRUMENT WAS DRAFTED BY:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
651- 423 -4411
3
Notary Public
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SUBDIVISION AGREEMENT
Prestwick Place 8`h Addition
AGREEMENT dated this day of , 2013, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City "), and D.R. HORTON, INC. -
MINNESOTA, a Delaware Corporation, (the "Developer ").
1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land
and a plat of land to be known as Prestwick Place 8d' Addition, which land is legally described on
Attachment One, attached hereto and hereby made a part hereof (hereinafter referred to as the
"subject property ").
2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following
conditions:
a. Incorporation of recommendations of the City Engineer concerning design and installation of
public infrastructure and including grading, erosion control, streets and utilities.
b. Execution of a Subdivision or Development Agreement to secure the public and private
improvements.
c. Payment of all applicable fees including G.I.S., Park Dedication and other fees identified in the
current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses,
conservation areas, streets and utilities.
e. Payment of $145,396 for the Developer's share of Connemara Trail extension project. This amount
is based on bid prices of $12,643.11 per acre x 11.5 acres, as indicated in ATTACHMENT TWO.
f. Payment of $3,202 for the Developer's share of the construction of Akron Avenue. This
amount is based on construction cost of $278.39 per acre x 11.5 acres, as indicated in
ATTACHMENT TWO.
3. Phased Development. The City may refuse to approve final plats of subsequent additions of the
plat if the Developer has breached this Agreement and the breach has not been remedied.
Development of subsequent phases may not proceed until Subdivision Agreements for such phases
are approved by the City.
4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
Prestwick Place 8°i Addition
March 2013
G: \ENGPROJ \450 \Subdivisionagreement - 450.docx Page 1 of 10
urban service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the
contrary, to the full extent permitted by state law, the City may require compliance with any
amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication
requirements enacted after the date of this Agreement.
5. Development Plans. The subject property shall be developed in accordance with the following
plans, original copies of which are on file with the City Engineer. The plans may be prepared, subject
to City approval, after entering this Agreement, but before commencement of any work on the
Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall
control. The plans are:
Plan A - Plat
Plan B - Soil Erosion Control Plan and Schedule
Plan C - Drainage and Storm Water Runoff Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Grading Plan and House Pad Elevations
Plan F - Street Lights
Plan G - Landscape Improvements
6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, hereinafter referred to as the "Developer Improvements ":
A. Setting of lot and block monuments
B. Surveying and staking of work required to be performed by the Developer
C. Gas, electric, telephone, and cable lines
D. Site grading
E. Landscaping
F. Streetlights
G. Other items as necessary to complete the development as stipulated herein or in other
agreements
7. Time of Performance. The Developer shall install all required improvements enumerated in
Paragraph 6 which will serve the subject property by December 31, 2013. The Developer may,
however, request an extension of time from the City. If an extension is granted, it shall be
conditioned upon updating the security posted by the Developer to reflect cost increases and the
extended completion date.
8. Public Infrastructure. The following improvements, hereinafter referred to as "Public Infrastructure
Improvements" (known as City Project 450), shall be designed, inspected, surveyed and administered
by the City, and installed in the Subject Property at Developer expense by a Contractor selected by the
City through the public bidding process:
Prestwick Place 8 " Addition
March 2013
G: \ENGPROJ \450 \Subdivisionagreement - 450.docx Page 2 of 10
A.
Sanitary Sewer
B.
Watermain
C.
Storm Sewer
D.
Streets
E. Sidewalks /Pathways
Attachment One shows the area within which the Public Infrastructure Improvements will be
constructed pursuant to this Paragraph. Contracts shall provide for construction in accordance with
plans and specifications prepared by the City or its consultants. The City will not enter into such
contracts until all conditions of plat and subdivision approval have been met, the plat is recorded, and
the City has received the bonds and security required by this agreement.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department
of Health and all other agencies before proceeding with construction.
9. Deposit for Cost of Public Infrastructure Improvements. For the purpose of financing the
construction, installation and maintenance of the Public Infrastructure Improvements, the Developer
shall promptly make payments to the City of sums deemed necessary by the City to make timely
payments to its contractor as follows:
a. As construction of the Public Infrastructure Improvements proceeds, the City will give written
notice specifying an amount due from the Developer to cover one or more periodic payments to
the City's contractor. Payments shall be due no later than ten (10) days after receipt of notice by
the Developer.
b. No interest will be paid or credited to the Developer on funds held by the City in the deposit.
Following final payment for Public Infrastructure Improvements the City will return any unused
funds in the deposit to the Developer.
c. Upon execution of this Agreement, the Developer will provide a letter of credit from a local
bank in form satisfactory to the City in the amount of Five Hundred Twenty -Eight Thousand,
Four Hundred Eighty -Two Dollars ($528,482) [calculated by multiplying the estimated
construction costs ($480,438) by 110% (1.1)], conditioned on the prompt and faithful
performance by the Developer of its obligations under this paragraph 9. This letter of credit
may be combined with any other letter of credit given to secure performance under this
Agreement, provided the form thereof is approved by the City.
d. In the event the City does not recover its costs for completing the Public Infrastructure
Improvements under the provisions of this paragraph, as an additional remedy, the City may, at
its option, assess the Subject Property in the manner provided by Minnesota Statutes, Chapter
429, and the Developer hereby consents to the levy of such special assessments without notice
or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes,
Section 429.081, provided the amount levied, together with the funds deposited with the City
under this paragraph, does not exceed the expenses actually incurred by the City in the
completion of the Public Infrastructure Improvements.
10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement,
payment of the costs of all Developer Improvements, and construction of all Developer
Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash escrow or
irrevocable letter of credit from a local bank ( "security") in the amount of One Hundred Twenty-Two
Thousand, Four Hundred Thirty Dollars ($122,430), which is 110% of the estimated cost of the
Developer Improvements. The amount of the security was calculated as follows:
Prestwick Place 8`h Addition
March 2013
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Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with the terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with written notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2)
weeks of receiving notice, the City may draw on the letter of credit. With City approval, the letter of
credit may be reduced from time to time as financial obligations are paid and developer - installed
improvements completed to the City's requirements.
11. Grading Plan /Site Grading. Site grading shall be completed by the Developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be coordinated by
the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
development to the City as the site grading is completed by phase, with street and lot grades. If the
installation of utilities is occurring simultaneously with the grading, the utility contractor shall have
preference over the grading activities. No substantial grading activities can be completed over
installed utilities unless otherwise protected. All improvements to the lots and the final grading shall
comply with the grading plan as submitted and shall be the responsibility of the Developer.
12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Subject Property to perform all work and inspections deemed appropriate by the
City during the installation of Public Infrastructure Improvements.
13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by
the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72
hours after the completion of the work in that area. Except as otherwise provided in the erosion
control plan, seed shall be rye grass or other fast - growing seed suitable to the existing soil to provide a
temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc- anchored as
necessary for seed retention.
All basement and /or foundation excavation spoil piles shall be kept completely off City right -of -way
and shall be completely surrounded with an approved erosion control silt fence. Approved erosion
control fencing shall be installed around the perimeter of each lot or at City- approved locations at the
time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 -foot
opening will be allowed on each lot for construction deliveries.
Prestwick Place 8 " Addition
March 2013
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Cost
110%
Grading & Erosion Control
$40,250
$44,275
Pond Restoration and Erosion Control Removal
$25,000
$27,500
Survey Monumentation
$16,500
$18,150
Landscaping
$9,200
$10,120
Street Li htin 5 lights)
$20,000
$22,000
Buffer Monumentation 7 signs)
$350
$385
Total
1 $111,300
$122,430
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with the terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with written notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2)
weeks of receiving notice, the City may draw on the letter of credit. With City approval, the letter of
credit may be reduced from time to time as financial obligations are paid and developer - installed
improvements completed to the City's requirements.
11. Grading Plan /Site Grading. Site grading shall be completed by the Developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be coordinated by
the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
development to the City as the site grading is completed by phase, with street and lot grades. If the
installation of utilities is occurring simultaneously with the grading, the utility contractor shall have
preference over the grading activities. No substantial grading activities can be completed over
installed utilities unless otherwise protected. All improvements to the lots and the final grading shall
comply with the grading plan as submitted and shall be the responsibility of the Developer.
12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Subject Property to perform all work and inspections deemed appropriate by the
City during the installation of Public Infrastructure Improvements.
13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by
the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72
hours after the completion of the work in that area. Except as otherwise provided in the erosion
control plan, seed shall be rye grass or other fast - growing seed suitable to the existing soil to provide a
temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc- anchored as
necessary for seed retention.
All basement and /or foundation excavation spoil piles shall be kept completely off City right -of -way
and shall be completely surrounded with an approved erosion control silt fence. Approved erosion
control fencing shall be installed around the perimeter of each lot or at City- approved locations at the
time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 -foot
opening will be allowed on each lot for construction deliveries.
Prestwick Place 8 " Addition
March 2013
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The parties recognize that time is critical in controlling erosion. If development does not comply with
the erosion control plan and schedule, or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion. This right also applies to the required
erosion control for basement and /or foundation excavation spoil piles. The City will attempt to
notify the Developer in advance of any proposed action, but failure of the City to do so will not affect
the Developer's or City's rights or obligations hereunder. If the Developer does not reimburse the
City for any cost the City incurred for such work within thirty (30) days, the City may draw down the
letter of credit to pay any costs. No development will be allowed, and no building permits will be
issued unless the Subject Property is in full compliance with the erosion control requirements.
14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the
City Planner.
15. Clean MP. The Developer shall clean streets of dirt and debris that has resulted from construction
work by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and
determine whether it is necessary to take additional measures to clean dirt and debris from the streets.
After 24 hours verbal notice to the Developer, the City will complete or contract to complete the
clean up at the Developer's expense in accordance with the procedures specified in Paragraph 13. The
Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of
erosion /siltation and restore to the original condition at the end of home construction within this
development. All silt fence and other erosion control should be removed following the establishment
of turf. These items are to be secured through the letter of credit as is noted in Exhibit A.
16. Ownership of Improvements. Upon completion and City acceptance of the work and construction
required by this Agreement, the public improvements lying within public rights -of -way and easements
shall become City property without further notice or action unless the improvements are slated as
private infrastructure.
17. Warranty. The Developer warrants all work required to be performed by it against poor material and
faulty workmanship for a period of two (2) years after its completion and acceptance by the City. All
trees, grass and sod shall be warranted to be alive, of good quality and disease free for twenty-four (24)
months after planting. Vegetation surrounding ponds and /or wetlands shall be warranted to be alive,
of good quality and weed free for thirty -six (36) months after planting.
18. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the Subject Property including, but not limited to, Soil
and Water Conservation District charges, legal, planning, engineering and inspection expenses
incurred in connection with approval and acceptance of the subdivision and the plat, the
preparation of this Agreement and any amendments hereto, and all costs and expenses incurred
by the City in monitoring and inspecting the development of the Subject Property.
B. The Developer shall hold the City and its officers and employees harmless from claims made by
itself and third parties for damages sustained or costs incurred resulting from plat or subdivision
approval and development of the Subject Property. The Developer shall indemnify the City and
its officers and employees for all costs, damages or expenses which the City may pay or incur in
consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement of
this Agreement, including engineering and attorney's fees. The estimated City fees of $144,486
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Prestwick Place 8" Addition
March 2013
Page 5 of 10
shall be deposited with the City at the time this Agreement is signed, and represent the following
estimates:
$10,000 Engineering Review Fees (estimate)
$96,088 Engineering Design and Construction Admin Fees (estimate)
$3,000 Attorney Fees (estimate)
$24,022 5% City Fees (estimate)
$1,440 Street Light Energy Cost
$1,980 GIS Fees
7 956 Seal Coating
$144,486
If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the
City within ten (10) days of the request. If actual City fees are lower than this estimate, any
surplus funds will be returned to the developer when the project fund is reconciled and closed.
D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt development work and construction including, but not limited to, the issuance of
building permits for lots which the Developer may or may not have sold, until the bills are paid
in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9 0/6)
per year.
E. The Developer shall pay all energy costs for street lights installed within the Subject Property for
24- months at a cost of $12 /month /light. After that, the City will assume the energy costs.
F. The Developer will pay the cost of sealcoating the streets within the development at a cost of
$1.70 /SY. The sealcoating will be completed within two (2) years following wear course
placement.
G. The Developer will pay the cost of fog sealing the trails within the development at a cost of
$0.09 /SF. The fog sealing will be completed within two (2) years following trail installation.
19. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the
time of execution of any plat by the City:
A. Storm Sewer Trunk Area Charges in the amount of $70,572
B. Sanitary Sewer Trunk Area Charges in the amount of $12,363
C. Watermain Trunk Area Charges in the amount of $74,750
D. Akron Avenue assessment in the amount of $3,202
E. Connemara Trail assessment in the amount of $145,396
Or other amounts for such fees as in effect at the time of plat approval.
20. The Developer understands that builders will be required to pay for the Subject Property fees, charges
and assessments in effect at the time of issuance of building permits. The rates for each of these items
will be set according to the current rate structure at the time the building permit is received. The fees,
charges, and assessments in effect as of the date of this agreement are:
Prestwick Place 8`h Addition
March 2013
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A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is
$2,365).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single
family currently at $770; multi - family currently at $290 per housing unit).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200 /SAC unit).
D. Water Availability Charges per SAC unit (currently at $2,175/SAC unit for single family
residential and multi - family residential).
E. Park dedication fees (currently $3,400 per single - family unit).
21. Building Permits. No occupancy permits shall be issued until:
A. The site grading is completed and approved by the City.
B. All public utilities are tested, approved by the City Engineer, and in service.
C. All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
E. All building permit fees are paid in full.
F. No early building permits will be issued.
The Developer, in executing this Agreement, assumes all liability and costs for damage or delays
incurred by the City in the construction of public improvements caused by the Developer, its
employees, contractors, subcontractors, material men or agents. No occupancy permits shall be
issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by
the City, unless otherwise authorized in writing by the City Engineer.
22. Record Drawings. At project completion, Developer shall submit record drawings of all public and
private infrastructure improvements in accordance with the City's Engineering Guidelines. No
securities will be fully released until all record drawings have been submitted and accepted by the City
Engineer.
23. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for
the City to act, and it shall not be necessary for the City to seek a court order for permission to enter
the land. When the City does any such work, the City may, in addition to its other remedies, levy the
cost in whole or in part as a special assessment against the Subject Property. Developer waives its
rights to notice of hearing and hearing on such assessments and its right to appeal such assessments
pursuant to Minnesota Statutes, Section 429.081.
24. Miscellaneous.
A. The Developer represents to the City that the development of the Subject Property, the
subdivision and the plat comply with all city, county, metropolitan, state and federal laws and
regulations including, but not limited to: subdivision ordinances, zoning ordinances and
environmental regulations. If the City determines that the subdivision, or the plat, or the
development of the Subject Property does not comply, the City may, at its option, refuse to
allow construction or development work on the Subject Property until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
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Prestwick Place 8°i Addition
March 2013
Page 7 of 10
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Agreement.
E. If building permits are issued prior to the completion and acceptance of public improvements,
the Developer assumes all liability and costs resulting in delays in completion of public
improvements and damage to public improvements caused by the City, the Developer, its
contractors, subcontractors, material men, employees, agents or third parties.
F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions
of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City's failure to promptly
take legal action to enforce this Agreement shall not be a waiver or release.
G. This Agreement shall run with the land and may be recorded against the title to the property.
The Developer shall take such steps, including execution of amendments to this Agreement, as
are necessary to effect the recording hereof. After the Developer has completed the work
required of it under this Agreement, at the Developer's request, the City will execute and deliver
to the Developer a release.
H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to the
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so exciting may be exercised from time to time as often and
in such order as may be deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
I. The Developer may not assign this Agreement without the written permission of the City
Council.
25. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to
the Developer, its employees or agents, or mailed to the Developer by registered mail at the following
address:
Mr. Mike Suel
D.R. Horton, Inc. - Minnesota
20860 Kenbridge Court, Suite 100
Lakeville, MN 55044
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or
mailed to the City by registered mail in care of the City Administrator at the following address:
City Administrator
Rosemount City Hall
2875 145``' Street West
Rosemount, Minnesota 55068
Prestwick Place 8" Addition
March 2013
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
CITY OF ROSEMOUNT
:•
BY:
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
William H. Droste, Mayor
Amy Domeier, City Clerk
The foregoing instrument was acknowledged before me this day of 52013,
by William H. Droste, Mayor, and Amy Domeier, City Clerk, of the City of Rosemount, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
D.R. HORTON, INC. - MINNESOTA
BY:
Its
BY: _
Its
STATE OF MINNESOTA
SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of 52013
by , its , and , its
of D.R. Horton, Inc. - Minnesota, a Delaware Corporation, on
behalf of said corporation.
Notary Public
Drafted By:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
G:\ENGPROJ \450 \Subdivisionagreement - 450.docx
Prestwick Place 8" Addition
March 2013
Page 9 of 10
EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Improvements that are
outlined in the Subdivision Agreement:
Grading & Erosion Control — A restoration and erosion control bond to ensure re- vegetation and erosion
control ($3,500 /acre). Note: The minimum bond amount is set at $25,000.
Pond Restoration /Erosion Control Removal — A security to allow for cleaning of sedimentation ponds
prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood
fiber blanket following development of 75 percent of adjoining lots (estimated lump sum).
Survey Monumentation — An amount equal to 110% of the cost to monument all lots within the
development.
Landscaping — An amount equal to 110% of the cost to complete the minimum required landscaping. If
additional landscaping is planned, a bond for that cost is not required.
Retaining Walls — An amount equal to 110% of the cost to complete the retaining wall construction.
Street Lightinig — An amount equal to 110% of the cost to complete the minimum required lighting. If
additional lighting is planned, a bond for that cost is not required ($4,000 per light has been used to calculate
this cost).
Buffer Monumentation — An amount equal to 110% of the cost to manufacture and install the necessary
buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this
cost).
Park Ecluiti_ent — An amount equal to 110% of the cost of improvements agreed upon to be completed in
the park areas.
Wetland Monitoring — An amount equal to 110% of the cost to hire a wetland specialist to monitor the
mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City.
Wetland Restoration /Mitigation — An amount equal to 110% of the cost to develop new wetlands should
the mitigation not be effective ($20,000 per acre of mitigation).
Prestwick Place 8`h Addition
March 2013
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Prestwick Place 8th
EXHIBIT B (Page 1 of 2)
Letter of Credit for Developer Improvements (due before signed olat is released)
No.
Item
Cost
110%
Calculation
1
Grading and Erosion Control
$ 40,250
$ 44,275
$3500 /acre x 11.5 acres
2
Pond Restoration and Erosion Control Removal
$ 25,000
$ 27,500
Minimum $25,000
3
Survey Monumentation
$ 16,500
$ 18,150
$500 /lot x 33 lots
4
Retaining Wall
$ -
$ -
N/A
5
Landscaping
$ 9,200
$ 10,120
Per City Planner
6
Street Lights
$ 20,000
$ 22,000
5 lights x $4000/light
7
Buffer Monumentation
$ 350
$ 385
7 signs x $50/sign
8
Park E ui ment/Im rovements
$ -
$ -
N/A
9
Wetland Restoration/Mitigation
$
$ -
N/A
10
Wetland Monitoring
$
$ -
N/A
Totall
$ 111,300
$ 122,430
Letter of Credit for Public Infrastructure (due with signed agreement)
No.
Item
Cost
1 110%
1 Calculation
1
Estimated Construction Cost
$ 480,438
1 $ 528,482
Based on estimated construction cost
2
Cash Deposit due before receipt of bids
3
$ -
jNo initial cash deposit, per agreement
Estimate
I otal
5% City Administrative Fees
I $ 528,482
5% of Estimated Construction Cost
Citv Fees (due with signed agreement)
No.
Item
Cost
Calculation
1
Engineering Review Fees
$ 10,000
City Engineer Estimation
2
Engineering Design and Construction Admin Fees
$ 96,088
20% of Estimated Construction Cost
3
Attorney Fees
$ 3,000
Estimate
4
5% City Administrative Fees
$ 24,022
5% of Estimated Construction Cost
5
Street Light Energy Cost
$ 1,440
5 lights x 24 months x $12 /month
6
GIS Fees
$ 1,980
$60 /unit x 33 units, or $120 /acre
7
Trail Fog Seal
$ -
N/A
8
Seal Coating
$ 7,956
$1.70 /SY x 4680 SY (53% of total ROW
Total
$ 144,486
Development Fees (due before signed plat is released)
No.
Item
Cost
Calculation
1
Storm Sewer Trunk Charge
$ 70,572
$6865 /net developable acre x 10.28 acres
2
Sanitary Sewer Trunk Charge
$ 12,363
$1075 /acre x 11.5 acres
Watermain Trunk Charge
$ 74,750
$6500 /acre x 11.5 acres
4
Stormwater Pondin Fee
$ -
N/A
Total
$ 157,685
G: \ENGPROJ \450 \Subdivisionagreement Calcs - 450
Totals
Block
Lots
Units
1
10
10
2
9
9
3
6
6
4
6
6
5
2
2
Total
33
33
Total Plat Area =
20.31
acres
Park Dedication =
0.00
acres
Future Plat Area =
8.81
acres
Developable Area =
11.50
acres
Ponding to HWL =
1.22
acres
Net Developable Area =
10.28
acres
* Excludes future plat areas.
G: \ENGPROJ \450 \Subdivisionagreement Calcs - 450
Prestwick Place 8th
EXHIBIT B (Page 2 of 2)
Block Lot Units SQ FT Acres
I
1
1
11211.433
0.26
1
2
1
9870.673
0.23
1
3
l
9261.075
0.21
1
4
1
9336.509
0.21
1
5
1
9827.567
0.23
1
6
1
10105.237
0.23
1
7
1
10681.117
0.25
1
8
1
10562.402
0.24
1
9
1
9219.643
0.21
1
10
1
8760.958
0.20
2
1
1
10270
0.24
2
2
1
10270
0.24
2
1
11152.429
0.26
2
4
1
12969.917
0.30
2
5
1
16031.563
0.37
2
6
1
16459.579
0.38
2
7
1
12464.175
0.29
2
8
1
10374.607
0.24
2
9
1
12421.584
0.29
3
1
1
47918.668
1.10
3
2
1
35009.464
0.80
3
3
1
13898.716
0.32
3
4
1
9211.971
0.21
3
5
1
8775.986
0.20
3
6
1
11182.53
0.26
4
1
1
12975.484
0.30
4
2
1
12102.793
0.28
4
3
1
12930.361
0.30
4
4
1
9362.187
0.21
4
5
1
9362.187
0.21
4
6
1
9317.948
0.21
5
1
1
9112.5
0.21
5
2
1
9112.5
0.21
EAST ROW
35072.827
0.81
WEST ROW
44346.78
1.02
OUfLOT A
383858.919
8.81
Total Boundary
884802.29
20.31
ATTACHMENT ONE
Prestwick Place 8 I Addition
Final Plat
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ATTACHMENT TWO
Assessment Table
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'i ROSEMOIINT
PUBLIC WORKS
MEMORANDUM
DATE: April 9, 2013
TO: Eric Zweber, Senior Planner
CC: Kim Lindquist, Community Development Director
Dan Schultz, Parks and Recreation Director
Andrew Brotzler, Director of Public Works / City Engineer
Chris Watson, Public Works Coordinator
Kathie Hanson, Planning Department Secretary
Jason Lindahl, Planner
FROM: Phil Olson, Assistant City Engineer
RE: Prestwick Place 8t" Addition Final Grading Plan and Plat Review
SUBMITTAL:
Prepared by Westwood Engineering, the Prestwick Place 8`" Addition Final Plat is dated May 31,
2011 and with the most recent revision on March 29, 2013. Engineering review comments were
generated from the following documents included in the submittal:
• Final Plat (2 sheets)
• Final Grading, Drainage & Erosion Control Plans (8 sheets)
• Easement Vacation Sketch: Outlot A of Prestwick Place 5`h Addition
• Easement Vacation Sketch: Outlot A of Prestwick Place 6`h Addition
• Prestwick Place: Concept Layout for Future Development
• Parcel Area Tabulation
DEVELOPMENT FEES:
1. The development fees below are estimated based on the 2013 Fee Resolution. These fees
are due with the final plat and subdivision agreement.
o GIS Fees: $60 /unit * 33 units = $1,980
• Sanitary Sewer Trunk Charge: $1075 /acre * 11.5 acres = $12,363
• Watermain Trunk Charge: $6500 /acre * 11.5 acres = $74,750
• Storm Sewer Trunk Charge: $6865 /acre * 10.28 acres = $70,572
2. Per the existing Joint Development and Cost Sharing Agreement, the developer is
responsible for the costs of adjacent roadways. These costs are as follows:
• The developer is responsible for costs associated with upgrading Akron Avenue. This
cost is $278.40 /acre or $3,202 for this development.
• The developer is responsible for costs associated with the recent extension of
Connemara Trail between Bloomfield and Akron Avenue. This cost is estimated at
$12,643.12/acre or $145,396.
EASEMENT COMMENTS:
1. Trees are not allowed to be planted within drainage and utility easements, over the proposed
storm sewer, or within a pond access location. Trees located on individual properties shall
not be planted near the sanitary sewer and water service lines.
2. Conservation easements shall be required over the infiltration basin and buffer area. Signage
for conservation easements shall be provided by the developer and an extended maintenance
warranty shall be required to ensure establishment of the naturally vegetated areas. The final
grading plan shall include a native vegetative planting and maintenance plan for the pond
and natural areas.
3. Storm sewer is proposed along the side and back lot lines of certain properties to convey
rear yard drainage. Drainage and utility easements along these lines shall prohibit the
installation of sheds to ensure that access can be provided for storm sewer maintenance.
Fences are allowed but shall not restrict drainage and are required to include gates for truck
access over the drainage and utility easement. Also, landscaping that will block access should
be prohibited. These restrictions should be added as a restriction on the property deed.
This will impact the following properties:
• Block 1: Lot 7 through Lot 10 (4 lots)
• Block 2: Lot 1 through Lot 8 (8 lots)
• Block 5: Lot 1 and Lot 2 (2 lots)
4. The width of drainage and utility easements over all public utilities shall be verified during
final design.
PRIVATE UTILITY COMMENTS:
1. All work occurring within the Northern Natural Gas Pipeline easement shall be by
agreement or permit. The executed agreement or permit shall be submitted to the City.
Should you have any questions or comments regarding the items listed above, please contact me at
651 - 322 -2015.
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
MARCH 26, 2013
7.a. Request for Final Plat and Minor Planned Unit Development Amendment for Prestwick Place 8t'
Addition (13- 13 -FP). Senior Planner Zweber stated that the applicant, D. R. Horton has submitted an
application for approval of a Final Plat for approximately 11 acres located directly west of Akron
Avenue (County Road 73) and north of Connemara Trail. The development, named Prestwick Place
8`h, is the fourth phase for DR Horton and creates 33 single family lots with a minimum lot width of
65 feet.
Commissioner Miller asked who would be responsible for maintaining the landscaping installed on
each lot and if it was the individual lot owner, whether or not there was some assurance that
maintenance would continue. Mr. Zweber stated that there will not be an association in this
neighborhood and so any landscaping and trees installed on private lots will be the responsibility of
the property owner. He further stated that the City's ordinance contains provisions regarding removal
of dead trees or trees within the sight triangle, but no other language regarding the maintenance of
boulevard trees. City staff responds to these situations on a complaint basis and are usually able to
work with the homeowner to come to a solution.
Commissioner Husain asked who would be responsible for building the fences referenced in
Condition #3. Mr. Zweber responded that the fences mentioned in Condition #3 would be built by
the individual property owner but they aren't required to build them, only if they build a fence is
required to be placed behind the landscaping.
Chairperson Powell asked for the reasoning behind obtaining a drainage easement over all of Oudot A
when it will need to be vacated. Project Engineer Olson stated that a blanket easement over the whole
area avoids the need to obtain additional smaller easements over each of the ends of the property to
insure access in the event of drainage issues.
Chairperson Powell asked if there has been any difficulty obtaining the permits from Northern
Natural Gas (NNG). Mr. Olson referred the question to the applicant for more information.
The applicant, Mike Suel, D.R. Horton, stated they have talked with NNG about the crossings and
after they receive the construction plans from the City, they will submit their application and should
have the permit in 3 -4 weeks.
MOTION by Weber to recommend that the City Council approve the Prestwick Place 8b
Addition Final Plat, subject to the following conditions:
1. Trees installed on individual lots shall be planted in a location that does not interfere
with curb stops or individual sewer or water connections.
2. A letter of credit in the value of $10,120 as a landscaping security (46 trees x $200 /tree x
110 %).
3. Fences on lots adjacent to Connemara Trail shall be constructed so that proposed
landscaping is visible to the public, outside the fence and between the fence and
Connemara Trail right -of -way.
4. Compliance with the conditions and standards within the City Engineer's Memorandum
dated March 20, 2013.
5. Payment of fee -in -lieu of park dedication at the time of building permit issuance at the
rate established by the City Council at the time of building permit issuance.
Second by Husain.
Ayes: 5. Nays: None. Motion approved.