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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. Doi 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. 0 Prestwick Place 8th WNr r �< y 1 .�7 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. 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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 G: \ENGPROJ \450 \Subdivisionagreement - 450.docx Page 3 of 10 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 G: \ENGPROJ \450 \Subdivisionagreement - 450.docx Page 4 of 10 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 G: \ENGPROJ \450 \Subdivisionagreement - 450.docx Page 4 of 10 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 G: \ENGPROJ \450 \Subdivisionagreement - 450.docx 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 G: \ENGPROJ \450 \Subdivisionagreement - 450.docx Page 6 of 10 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. G: \ENGPROJ \450 \Subdivisionagreement - 450.docx 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 G: \ENGPROJ \450 \Subdivisionagreement - 450.docx Page 8 of 10 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 G: \ENGPROJ \450 \Subdivisionagreement - 450.docx Page 10 of 10 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 r-- I O O 3g a a $ kz Q � � a co °fib I 8 `a W V Q OC o II li$ k F 3S 6 g � �aF °fi F S p{i t § pfig$ b4 6� s a r------ ,r- - - - - -- a ER c all - ----- 1--- - - - --I �g �r • E� ri I �\- "k$69e•t�� 3 ^f.'.i:: C3(LiEB: o g \ ,IyEf. •�N �eek, E��t 4 � ,x.sz.acesor+ - --t, ,,,= m« per - -� , r- -' --- 3r gill a 1 9� S' z A �j; 1 •Y O I p ° _'." , 1• ~Yw `' � 'mil' � I l �_•°%'%� Bp's ''k^ °° �' C, I � i �•� n^`_a : h -1 � MSL "i^i �it•et II ° c_ 1 zz �' Oo Z �` h14 Q � tp � s �b g / "' 'fix '` '` "'�► ���F rb. •dtyy I m1 i a ATTACHMENT TWO Assessment Table r m N R H 1� M O V N a0 O - ! P h N N `^ ocr N N M s s H f°A s s s O V s s W V1 H ✓ f°A H H ^ M � N N V b N H ,O N H ♦n H H s H p H N U D\ s H H s H s w Vri V H m h w w s s s H L L V H r H h H C H err Ol J F Y • �`n 1� i�l u � N_ pp O H � W N M- C y Q K �3 F O CA O •c C 5 U Vr Q N lT W � e H H A C •� a s s N rA s a°n � °H w a C4 w D a I i a N W r H N H yy H N N H yy H H H a Q a a N = v U U U U R 0 W N W n n n n n F O a � a O � O O 0 UUy O UU U N m N t o m r N R N O F P h w `^ s M s s H f°A s s s w Vi V1 H H f°A H H a Y ♦n w s s H p H N U D\ m h w w s s s H Ol J F Y 1� M- C y Q K �3 O 5 U Vr Q N lT W � e H H A C D a I i N W r Li Q a a N = v U U U U n n n n n '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.