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HomeMy WebLinkAbout6.k. Final Plat and Minor Planned Unit Development Amendment for Prestwick Place 7th Addition (Falmoor Glen) U.S. Homes (Lennar), Case 13-01-FP & 13-05-AMD�(D"EMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: April 16, 2013 AGENDA ITEM: Case 13 -01 -FP & 13 -05 AMD AGENDA SECTION: Final Plat and Minor Planned Unit Development Amendment For Prestwick W Place 7th Addition (Falmoor Glen) U.S. Homes Lennar PREPARED BY: Jason Lindahl, A.I.C.P. AGENDA NO. Planner ATTACHMENTS: Final Plat Resolution, PUD Resolution, Minor PUD Amendment, 1 -22 -13 PC Excerpt APPROVED BY: Minutes, Site Location Map, Prestwick Place 7th Addition Final Plat, Overall Grading and Turf Restoration Plan, Grading Drainage and Erosion Control Plan, Landscape Plan, Engineer's Memo dated April 11, 2013 and Parks & Recreation Memo dated January 16, 2013. RECOMMENDED ACTION: Staff recommends the City Council make the following motions: 1. Motion to adopt a resolution approving the Final Plat for Prestwick Place 7th Addition. 2. Motion to adopt a resolution approving a Minor Amendment to the Prestwick Place 3rd Addition Planned Unit Development Agreement adding the lots for Prestwick Place 7th Addition. 3. Motion to approve the amended Prestwick Place 3rd Addition Planned Unit Development Agreement and the Subdivision Development Agreement for Prestwick Place 7th Addition as well as authorizing the Mayor and City Clerk to enter into these agreements. SUMMARY Applicant: U.S. Homes Corporation (Lennar) Location: Oudot D, Prestwick Place 3`d Addition. West of Akron Avenue, north of County Road 42, and south of Connemara Trail. Area in Acres: 16.17 Acres Comp. Guide Plan Desig: LDR — Low Density Residential Current Zoning: R -1, Low Density Residential with the Prestwick Place Planned Unit Development (PUD) The applicant, U.S. Homes Corporation (Lennar), requests approval of a minor PUD amendment and final plat for Prestwick Place 7'' Addition (phase 2 of Falmoor Glen) to allow development of 37 single family lots. The minor PUD amendment is necessary to establish consistent lot and setback standards with surrounding developments in Prestwick Place while the final plat is necessary to facilitate subdivision of the subject property into individual residential lots, oudots and public streets. Both the Planning Commission and staff recommend approval of this application subject to the conditions listed in the attached resolutions. PLANNING COMMISSION ACTION The Planning Commission reviewed this item on January 22, 2013. No public hearing is required as part of this review. The Commission asked for clarification about the screening requirement for lots that back up to County Road 42 and the Engineering condition regarding fences within drainage and utility easements. Staff explained that lots abutting County Road 42 are required to provide screening through a combination of increased setback, landscaping, berming, and fencing as illustrated on the landscape plan. Engineering staff also explained their condition will requires residents that choose to build a fence within a drainage and utility easement to have a gate that will ensure access for future maintenance of the storm sewer infrastructure within the easement. The Commission recommended the City Council approve the final plat. The approval would also support the modifications to the PUD Agreement. BACKGROUND In 2007, the City approved the Prestwick Place preliminary plat that generally followed the land uses of the adopted AUAR Scenario 1 for the 80 acres northwest and 80 acres northeast of Akron Avenue and County Road 42. The modified land use boundaries of the Prestwick Place plat were adopted by the City in its 2030 Comprehensive Plan. In May of 2011 the City Council approved a Comprehensive Plan Amendment that changed the medium density portion of Prestwick Place to LDR — Low Density Residential. The following month the City Council approved an application from U.S. Homes (Lennar) that included a major PUD amendment, preliminary plat and final plat for Prestwick Place Yd Addition. While the preliminary plat included 67 single family lots the final plat for Prestwick Place 3rd Addition created phase 1 of the Falmoor Glen neighborhood consisting of 27 single family lots and 3 outlots (2 for future development and 1 for a future park and stormwater pond). The major PUD amendment rezoned the property consistent with the comprehensive plan amendment from R -3, Medium Density Residential PUD to R -1, Low Density Residential PUD and established appropriate lot and setback standards. The current final plat and minor PUD amendment applications seek to create the second phase of the Falmoor Glen neighborhood by subdividing Outlot D of Prestwick Place 3rd Addition into the Prestwick Place 7`'' Addition consisting of 37 single family lots. ISSUE ANALYSIS Land Use and Zoning. The proposed 37 lot single family development is consistent with the current land use and zoning classifications. The subject property is guided LDR — Low Density Residential and zoned R- 1, Low Density Residential PUD. As a result, the property is subject to all the standards of the R -1, Low Density Residential zoning districts as well as the standards for detached single family units contained in the original PUD. While this development is subject to all of the conditions and development standards contained in the PUD, the most notable are provided below. 1. Maintenance and replacement of trees within the City right -of -way shall be the responsibility of the adjoining homeowners' association. 2 2. Garages on single family houses on corner lots shall be located on the opposite side of the house from the public street. 3. Conformance with all other applicable standards included in the Declaration of Covenants and Restrictions — Prestwick Place Master Development Plan PUD agreement or City Zoning Ordinance, including but not limited to, Section 11 -2 -15: Single- Family Detached Dwelling Requirements and Section 11- 5 -2.A: Building Type and Construction. Minor Planned Unit Development Amendment. Standards for amending a planned unit development are detailed in Section 11- 10 -6.E. Under this section, amendments are classified as either major or minor base on certain criteria. In this case, staff finds the proposed amendment to be minor based on the finding that it does not: 1. Substantially alter the location of buildings, parking areas or roads. 2. Increase or decrease the number of residential dwelling units by more than five percent (5 9/6). 3. Increase the gross floor area of nonresidential buildings by more than five percent (5 %) or increases the gross floor area of any individual building by more than ten percent (10 %). 4. Increase the number of stories of any building. 5. Decrease the amount of open space by more than five percent (5 %) or alters it in such a way as to change its original design or intended use. 6. Create noncompliance with any special condition attached to the approval of the master development plan. By ordinance, minor amendments may be administratively approved by staff without review or a public hearing by the Planning Commission. However, City Council action is required on all PUD amendments as these agreements represent a contract between the property owner and the City. The proposed minor PUD amendment is necessary to establish consistency with the original Prestwick Place PUD and later amendments. The major PUD amendment part of the Prestwick Place Yd Addition approvals rezoned the property consistent with the comprehensive plan amendment to R -1, Low Density Residential PUD and links it to the standards contained in the original PUD. The current minor amendment establishes the lot configuration shown on the Prestwick Place 7d' Addition final plat (attached) and the standards from the previous PUD amendments. These standards are detailed below. • Section 11 -4 -5 F. 1. R -1 Minimum Lot Area: The minimum lot area shall be 8,450 square feet. • Section 11 -4 -5 F. 2. R -1 Minimum Lot Width: The minimum lot width shall be 65 feet. • Section 11 -4 -5 F. 4. R -1 Minimum Front Yard Setback: The minimum front yard setback shall be 25 feet. • Section 11 -4 -5 F. 5. R -1 Minimum Side Yard Setback: The minimum side yard setback shall be 7.5 feet. • Section 11 -4 -5 F. 9. R -1 Maximum Lot Coverage: Increase the maximum lot coverage to forty percent (40 9/6) for lots less than 9,750 square feet in size and thirty five percent (35 9/6) for lots between 9,750 square feet and 11,250 square feet. • Front Elevations: The front elevation design shall including one of the following elements: o Three and a half (3.5) feet of brick or stone wainscoting, excluding doors, windows or the wall behind the front porch; 3 • A front porch with railing that extends at least 30% of the width of the front elevation, including the garage; • A side entry garage; • No more than 70% lap siding, excluding doors and windows. Screening: Fences on lots adjacent to County road 42 shall be constructed so that landscaping is outside the fence and between the fence and the County Road 42 right -of -way. With the exception of these standards, all the standards in the R -1, Low Density Residential zoning district and the original Prestwick PUD shall apply. Final Plat. Standards for reviewing subdivision requests are outlined in Title 12 of the Rosemount City Code. This section of the Code outlines the two -step Preliminary and Final Plat process for land subdivision. In this case, the preliminary plat was approved in June of 2011 consisting of 64 single family lots. At that time, the applicant also final platted the first phase of this development (Prestwick Place 3`d Addition) known as Falmoor Glen comprising 27 single family lots and 3 oudots (2 for future development and 1 for a future park and stormwater pond). The current final plat creates the second phase of Falmoor Glen by subdividing Outlot D of Prestwick Place 3`d Addition into Prestwick Place 7d' Addition consisting of 37 single family lots. Staff finds the proposed Prestwick Place Th Addition final plat consistent with the original Prestwick 3`d Addition preliminary plat. Streets & Access. Initial access to this development is provided through Abbeyfield Avenue (via Connemara Trail and County Road 42) and Ailesbury Avenue, both of which were constructed as part of Prestwick Place 3`d Addition. The current final plat will construct Albany Avenue from Ailesbury Avenue westward to Aldborough Avenue. In addition, both Alma and Allingham Avenues will extend south of Albany to access lots in Blocks 2 and 3 as well as the future development on the Wiederhold exception property. A condition of the preliminary plat approval required the applicant shift Alma Avenue (Street 3) south so the edge of its right -of -way would be 155' north of the southern property line of Oudot G where it connects with the Wiederhold property. The proposed final plat conforms to this condition of the preliminary plat approval. Landscape and Berming. The landscape plan appears consistent with the minimum number of plantings required by the City Code (1 per interior lot or 2 per corner lot) and the preliminary plat condition of approval requiring additional screening for the rear yards abutting County Road 42. That condition required intensified screening of the lots along County Road 42 through a combination of either fencing or evergreen trees spaced 15' on center. The preliminary plat landscape plan illustrates a 6' to 8' berm in the rear yards of Lots 1 through 10, Block 3, a six (6) foot high fence along Lots 1 through 5, Block 3 and an assortment of plantings. Parks and Open Space. According to the Park staff, the parks dedication requirement for the 64 units in Prestwick Place 3`d Addition and the 7" Addition is 2.56 acres of land, a cash contribution of $217,600 or a combination of the two. In this case staff recommends that the developer dedicate land to satisfy the parks dedication for the 3`d Addition and 7th Addition. The applicant intends to dedicate the 3.5 acre of Outlot B to satisfy the park dedication requirement. However, the City will not give credit for the 0.54 acres of Oudot B containing the Metropolitan Council pipeline easement. As a result, dedication of Oudot B produces a park dedication of 2.96 acres. Because the park portion of Outlot B is larger than the current 2.54 dedication acre requirements for the 64 units in the 3`d Addition and 7`h Addition, the Prestwick Place Plat will have a parks dedication credit of 0.40 acres that may be applied to future development of Oudot A. 0 Sidewalks, Trails and Pathway. The applicant's plans demonstrate sidewalks and trails will be placed consistent with the requirements of the preliminary plat. This includes sidewalk along both sides of Ailesbury (Street 9) and Albany (Street 8) Avenues, the east side of Allingham (Street 10) Avenue and the west side of Alma (Street 3) and Aldborough (Street 4) Avenues. The plans also call for a bituminous trail between Lots 9 and 10, Block 3 connecting Alma and Abbeyfield Avenues to facilitate pedestrian and bicycle access to the future commercial development to the east. These sidewalks and trails should ensure pedestrian and bicycle access to and from this neighborhood meets the City's goal of creating a community where choosing to walk or bike is a safe, convenient, and enjoyable recreation and transportation option of all users. Engineering Comments. The Engineering Department has reviewed the proposed Prestwick Place 7" Addition Final plat. Comments regarding this application are detailed in the attached memo dated April 11, 2013. The Engineering Department's recommendations include limiting fences, sheds and landscaping within the drainage and utility easements for those lots that include rear yard storm sewer (Lots 1 and 5, Block 1, Lots 1 and 13, Block 2 and Lots 2 — 11, 17, and 18, Block 3) to facilitate public access for future maintenance. As a result, residents that choose to build a fence within a drainage and utility easement will be required to have a gate to ensure access for future maintenance of the storm sewer infrastructure within the easement. This restriction shall be added to the property deed. CONCLUSION & RECOMMENDATION Both the Planning Commission and staff recommends approval of the final plat and minor PUD amendment for Prestwick Place 7`h Addition creating 37 single family lots to be known as the second phase of Falmoor Glen. Creation of this plat shall include dedication of Outlot B, Prestwick Place 3`a Addition to satisfy the park dedication requires for both Prestwick Place 3`d and 7t' Additions. This recommendation is based on the information submitted by the applicant, findings made in this report and the conditions detailed in the attached resolutions. While the Planning Commission must take action on the final plat application, minor amendments may be administratively approved by staff without review or a public hearing by the Planning Commission. However, City Council action is required on all PUD amendments as these agreements represent a contract between the property owner and the City. 5 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 - A RESOLUTION APPROVING THE FINAL PLAT FOR PRESTWICK PLACE 7TH ADDITION WHEREAS, the City of Rosemount received a request for Final Plat approval from U.S. Homes Corporation concerning property legally described as: Outlot D, Prestwick Place 3rd Addition, Dakota County, Minnesota WHEREAS, on January 22, 2013, the Planning Commission reviewed and recommended approval of the Final Plat for Prestwick Place 7d' Addition; and WHEREAS, on April 16, 2013, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Final Plat for Prestwick Place 7d' Addition, subject to the following conditions: 1. Conformance with all requirements of the Resolution 2011 -52 approving the Preliminary Plat for Prestwick Place 31d Addition. 2. City Council Approval of a Minor PUD Amendment establishing the lot configuration shown on the Prestwick Place 7th Addition final plat and consistent zoning standards with surrounding developments within Prestwick Place. Execution of a subdivision development agreement for Prestwick Place 7d' Addition. 4. Dedications of Outlot B to satisfy the park dedication requirement for Prestwick Place 3rd and 7d' Additions. This dedication is 0.40 acres larger than required by ordinance for the 64 units in the two developments. The resulting 0.40 acre credit may be applied to future development of Outlot A, Prestwick Place 3rd Addition. 5. Provision of a landscape security equal to $23,353. 6. Conformance with all requirements of the City Engineer detailed in the attached memorandum dated April 11, 2013 including prohibiting fences, sheds and landscaping within the drainage and utility easements of Lots 1 and 5, Block 1, Lots 1 and 13, Block 2 and Lots 2 —11, 17, and 18, Block 3. This restriction shall be added to the property deed. RESOLUTION 2013- ADOPTED this 16`' 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 PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT ADDING THE LOTS FOR PRESTWICK PLACE 7TH ADDITION AND CONSISTENT ZONING STANDARDS WITH SURROUNDING DEVELOPMENTS WITHIN PRESTWICK PLACE WHEREAS, the Community Development Department of the City of Rosemount received a request from U.S. Homes Corporation, to amend the Prestwick Place Master Development Plan Planned Unit Development Agreement to add the lots for Prestwick Place 7th Addition; and WHEREAS, the Prestwick Place 7r'' Addition Final Plat includes 37 single family lots consistent with the Prestwick Place 3'd Addition Preliminary Plat; and WHEREAS, staff reviewed the proposed amendment and found it acceptable under the terms and conditions of the original Planned Unit Development Agreement and recommends approval of this minor amendment to the PUD; and WHEREAS, Minor Amendments to a Planned Unit Development Agreement may be reviewed and approved by the City Council without a public hearing before the Planning Commission; and WHEREAS, on April 16, 2013, the City Council of the City of Rosemount reviewed the application and staff's recommendation. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Minor Amendment to the Prestwick Place Planned Unit Development Agreement to add the lots for Prestwick Place 7h Addition, subject to: 1. City Council approval of the Prestwick Place 7`'' Addition Final Plat. 2. Execution of the Minor Amendment to the Prestwick Place Plan Planned Unit Development Agreement to add the lots for Prestwick Place 7 h Addition. 3. Execution of a subdivision development agreement for Prestwick Place 7"' Addition. ADOPTED this 16t' 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 PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT ADDING THE LOTS FOR PRESTWICK PLACE 7TH ADDITION AND CONSISTENT ZONING STANDARDS WITH SURROUNDING DEVELOPMENTS WITHIN PRESTWICK PLACE THIS DECLARATION made this 16th day of April, 2013, by and between U.S. Homes Corporation, , (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 as Oudot B, PRESTWICK PLACE 3'D ADDITION, DAKOTA COUNTY, MINNESOTA (hereinafter referred to as the "Subject Property "); and WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement, "Prestwick Place Master Development Plan Planned Unit Development Agreement ", dated November 7, 2007 and recorded with the Dakota County Recorder as document number 624799 and 2576606 on March 10, 2008, (hereinafter referred to as the "Planned Unit Development Agreement"); and WHEREAS, Declarant wishes to amend the Planned Unit Development Agreement as hereinafter provided, 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 is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. The use and development of the Subject Property shall conform to the following documents, plan and drawings: a. City Resolution No. 2013-, Attachment One b. Prestwick Place 7th Addition Final Plat, Attachments Two & Three c. Cover Sheet, Attachment Four d. Overall Grading & Turf Restoration Plan, Attachment Five e. Grading, Drainage & Erosion Control Plan, Attachments Six, Seven & Eight f. Profile, Attachment Nine g. Details, Attachment Ten h. Landscaping Plan, Attachment Eleven and Twelve All of which attachments are copies of original documents on file with the City and are made part hereof. 2. Except as modified by paragraphs 1 and 2 of this Amendment, the Planned Unit Development Agreement shall remain in full force and effect. 3. The obligations and restrictions of this Amendment run with the land of the Subject Property 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. STATE OF MINNESOTA COUNTY OF DAKOTA 2013, DECLARANT By Its By Its ss. The foregoing instrument was acknowledged before me this by and the for and on behalf of , a and on behalf of said 2 Notary Public day of , and , by This Amendment is approved and consented to by the City Council of the City of Rosemount. CITY OF ROSEMOUNT I: 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. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Rosemount 2875 145th Street West Rosemount, MN 55068 651- 423 -4411 RESOLUTION 2013- ADOPTED this 16"' 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 THE FINAL PLAT FOR PRESTWICK PLACE 7TH ADDITION WHEREAS, the City of Rosemount received a request for Final Plat approval from U.S. Homes Corporation concerning property legally described as: Oudot D, Prestwick Place 3`d Addition, Dakota County, Minnesota WHEREAS, on January 22, 2013, the Planning Commission reviewed and recommended approval of the Final Plat for Prestwick Place 7`s Addition; and WHEREAS, on April 16, 2013, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Final Plat for Prestwick Place 7d' Addition, subject to the following conditions: 1. Conformance with all requirements of the Resolution 2011 -52 approving the Preliminary Plat for Prestwick Place 3`d Addition. 2. City Council Approval of a Minor PUD Amendment establishing the lot configuration shown on the Prestwick Place 7th Addition final plat and consistent zoning standards with surrounding developments within Prestwick Place. 3. Execution of a subdivision development agreement for Prestwick Place 7d' Addition. 4. Dedications of Outlot B to satisfy the park dedication requirement for Prestwick Place 3`d and 7d' Additions. This dedication is 0.40 acres larger than required by ordinance for the 64 units in the two developments. The resulting 0.40 acre credit may be applied to future development of Outlot A, Prestwick Place 3`d Addition. 5. Provision of a landscape security equal to $23,353. 6. Conformance with all requirements of the City Engineer detailed in the attached memorandum dated April 11, 2013 including prohibiting fences, sheds and landscaping within the drainage and utility easements of Lots 1 and 5, Block 1, Lots 1 and 13, Block 2 and Lots 2 — 11, 17, and 18, Block 3. 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Final Plat and Minor Planned Unit Development Amendment For Prestwick Place 7th Addition (Falmoor Glen) U.S. Homes (Lennar) (13- 01 -FP, 13- 05 -AMD). Planner Lindahl stated that the applicant, U.S. Homes Corporation (Lennar), requests approval of a minor PUD amendment and final plat for Prestwick Place 7h Addition (phase 2 of Falmoor Glen) to allow development of 37 single family lots. The minor PUD amendment is necessary to establish consistent lot and setback standards with surrounding developments in Prestwick Place while the final plat is necessary to facilitate subdivision of the subject property into individual residential lots, outlots and public streets. Mr. Lindahl stated that staff recommends approval of this application subject to the conditions. Commissioner Weber asked about the landscaping and fence requirements on Lots 1 -5. Project Engineer Olson responded that homeowners on Lots 1 though 5 cannot have a fence on their lots. The developer will install a fence along County Road 42 along the berm. Mr. Lindahl further stated that homeowners on Lots 6 through 9 can install a fence as long as it is not installed within the drainage and utility easement. However, he stated Lots 6 through 9 should have enough land to buffer the homeowners from County Road 42. Commissioner Husain asked the uses for the additional land on Lots 6 through 9. Mr. Lindahl explained the additional land is there due to the pipeline easement going through the backyards of Lots 6 through 9 and the property owners will own the land and may use it subject the terms and conditions of the easements. Commissioner Miller asked about the grading from the house to the easement area and if there are any concerns regarding water drainage. Mr. Olson responded that the garage elevation is about 10 feet higher than the rear yard swale to prevent flooding. Mr. Lindahl added that the restrictions of Condition #6 will be placed on the deed to the property or another document acceptable to the City Attorney so homeowners know not to build within the easement area. Commissioner Weber asked if trees are allowed to be planted in the backyards. Mr. Olson stated there are no specific restrictions on planting trees in utility easement as long as they do not impede the drainage in that area. Commissioner Miller asked if there will be a homeowners' association to possibly monitor the landscaping requirements and restrictions. Mr. Lindahl stated that there will be a homeowners' association and that the applicant can probably provide more details. Commissioner DiNella questioned the protection of the Lots lthrough 9 from County Road 42 and whether or not there would be a trail or sidewalk along County Road 42. Mr. Lindahl stated there will be a berm behind Lots 1 through 5 with a fence and additional landscaping between the fence and County Road 42. He explained how the berm flattens out at Lot 6 due to the pipeline easement but that Lots 6 through 9 are deeper lots to provide more land area as a buffer. Further, Mr. Lindahl stated that this application does not include a sidewalk or trail along County Road 42 however, Dakota County plans to install a trail along County Road 42 when the road is improved in the future. Mr. Zweber added that the City will use Connemara Trail as a trail system rather than County Road 42. Vice -Chair Miller invited the applicant to approach the Commission. Applicant, Carole Toohey, Lennar Corporation, 16305 36"' Ave No, Plymouth. Commissioner Miller asked Ms. Toohey if there will communication with the homeowners of the restriction to build within the drainage and utility and the pipeline easements. Ms. Toohey replied that the homeowners association documents have the restriction listed and that the homeowners are not allowed to do any improvements without seeking approval from the association's architectural committee. She stated there is also a master disclosure information agreement the homeowner has to sign which details the restrictions. The association documents are recorded against the property. Commissioner Husain asked if the homeowner or the association would be responsible for the landscaping. Ms. Toohey replied that the landscaping between the fence and County Road 42 will be maintained by association but the landscaping on the actual homesites will be the homeowner's responsibility. Mr. Lindahl reminded the Planning Commission that staff was amending Condition #3 to read as follows: The resulting 0.40 acre credit may be applied to Oudot A, of Prestwick Place 3`d Addition a MOTION by Weber to recommend the City Council approve the Final Plat for Prestwick Place 7th Addition, subject to the following conditions: 1. Conformance with all requirements of the Resolution 2011 -52 Approving the Preliminary Plat for Prestwick Place 3`d Addition. 2. City Council Approval of a Minor PUD Amendment establishing the lot configuration shown on the Prestwick Place 7th Addition final plat and consistent zoning standards with surrounding developments within Prestwick Place. 3. Dedications of Outlot B to satisfy the park dedication requirement for Prestwick Place 3`d and 7d' Additions. This dedication is 0.40 acres larger than required by ordinance for a 64 unit development. The resulting 0.40 acre credit may be applied to OUTLOT A OF PP3 ADDITION Nat. 4. Submission of an as -built grading plan for the portion of the future public park that has already been graded as noted on the Overall Grading and Turf Restoration Plan. 5. Approval of a revised landscape plan for the 7`' Addition itemizing the species, size, and number of each plant to verify the planting schedule listed on the plan. 6. Conformance with all requirements of the City Engineer detailed in the attached memorandum dated January 16, 2013 including prohibiting fences, sheds and landscaping within the drainage and utility easements of Lots 1 and 5, Block 1, Lots 1 and 13, Block 2 and Lots 2 —11, 17, and 18, Block 3. This restriction shall be added to the property deed or other document that runs with the property acceptable to the City Attorney. Second by DiNella. Ayes: 4. Nays: None. Motion approved. AF" �J Prestwick Place 7th Addition Final Plat ~ )i J G, If ' Prwrtw4uiex • � .. 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Engineering review comments were generated from the following documents included in the submittal: • Prestwick Place 7`h Addition Final Plat (2 pages) • Construction Plans (5 pages) revised April 8, 2013, comprised of Grading & Turf Restoration, Grading, Drainage & Erosion Control Plans, Profiles, and Details. • Landscaping Plan (2 pages) • Final Plat Areas, dated December 18, 2012. • Easement Vacation Sketch, dated December 14, 2012. DEVELOPMENT FEES: 1. The developer has requested that the public improvements, fees, and costs for adjacent roadways be assessed to the benefiting properties within the Prestwick Place 7`h Addition. The approval and execution of a petition and waiver agreement is required prior to the award of a contract for public improvements. 2. Estimated development fees based on 2013 Fee Resolution are due with the final plat and subdivision agreement /petition and waver agreement. 3. 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 $248.86/acre or $4024.11 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 $2,272 /acre or $36,734. • The developer is responsible for the future development of Connemara Trail east of Akron Avenue. This cost is $6,933 /acre or $112,108. • The developer is responsible for a portion of the future extension of Ailesbury Avenue. This cost is estimated at $3,543 /acre or $57,288. 4. Per the existing Joint Development and Cost Sharing Agreement, an executed petition and waver agreement or cash payment is required from the property owner of Tract 1 (north of Albany Avenue). The petition and waver will include assessments for a share of the improvements to Ailesbury Avenue, Albany Avenue, and Aldborough Avenue. SITE PLAN COMMENTS: 5. Trees located on individual properties shall not be planted near the sanitary sewer and water service lines. These trees shall be positioned near the property lines. 6. Streetlights should be shown on the grading plan. The streetlight proposed in the northeast corner of Albany Avenue and Allingham Avenue should be moved to the southeast corner of the intersection. 7. Alma Avenue is misspelled and should be updated on the grading plan. EASEMENT COMMENTS: 8. 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 1 and Lot 5 • Block 2: Lot 1 and Lot 13 • Block 3: Lot 2 through Lot 11 and Lot 17 and Lot 18 The width of drainage and utility easements over all public utilities shall be verified during final design. ADJACENT PROPERTIES: 10. The City understands that Lennar is working with Arcon /Pemtom to purchase the property north of Albany Avenue and west of Aldborough Avenue. Due to the timing of the purchase, the following items are required. • This project requires the installation of roadway, utility and service stubs north from Albany Avenue to accommodate future development to the north and west. Lennar and Arcon /Pemtom are both required to approve the preliminary plat lot layout north of Albany Avenue to confirm the sewer and water service locations and future roadway locations prior to the City beginning final design of the public infrastructure. • The site grading will generate a large amount of excess material. The City understands that Lennar is currently working on a second grading plan to place this excess material north of Albany Avenue. Grading north of Albany Avenue is required to be approved by Arcon /Pemtom. • The existing stockpile north of Albany Avenue is required to be removed as part of Lennar's second grading plan. 11. The proposed utility layout will require drainage and utility easements and temporary construction easements from the exception parcel in the southwest corner of the development. Below is a list of the needed easements. • The trunk storm sewer is shown along the northern property line of the exception parcel. A 65 -foot wide drainage and utility easement is required for this pipe, centered over the pipe. • Temporary construction easements are needed from the exception parcel to allow for utility construction. • Drainage and utility easements are required to allow for utilities to be extended beyond the roadway and into the exception parcel. 12. If easements cannot be secured from the exception parcel, the trunk storm sewer is required to be shifted north. This will result in the loss of at least one lot west of Aldborough Avenue. Should you have any questions or comments regarding the items listed above, please contact me at 651 - 322 -2015. 4ROSEMOUNT PARKS AND RECREATION M E M O R A N D U M To: Kim Lindquist, Community Development Director Eric Zweber, Senior Planner Jason Lindahl, Planner Andy Brotzler, Public Works Director /City Engineer Phil Olson, Assistant City Engineer From: Dan Schultz, Parks and Recreation Director Date: January 16, 2013 Subject: Prestwick Place — 7th Addition Final Plat The Parks and Recreation Department recently received the final plat for the Prestwick Place 7`h Addition. After reviewing the plans, the Parks and Recreation Department staff has the following comments: PARKS DEDICATION The parks dedication requirement for the 64 units combined in the 3`d addition and the 7"' addition is either 2.56 acres of land, a cash contribution of $217,600 or a combination of the two. Staff is recommending that the developer dedicate land to satisfy the parks dedication for the 3`d addition and 7`h addition. There are 3.5 acres of Oudot B that have been identified as a public park. Staff is recommending that the City not give credit for the area that is part of the Met Council Pipeline Easement. The easement area in the park is .54 acres of land. Staff is recommending that the City give the developer credit for 2.96 acres of land dedication for the 3`d and 7`h additions combined. Because the park portion of Oudot B is larger than the current dedication requirements for the 64 units in the 3`d addition and 7`h addition, the Prestwick Place Plat will have a parks dedication credit of .40 acres that may be applied to another Lennar development within Prestwick Place. Staff is requesting that Outlot B be dedicated to the City with the 7`h addition Final Plat. Staff also is requesting that the developer provide an as -built grading plan for the portion of the future public park that has already been graded as noted on the Overall Grading and Turf Restoration Plan that was provided with the Prestwick Place 7th Addition submittals. Please let know if you have any questions about this memo.