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HomeMy WebLinkAbout9.a. Request by D.R. Horton for the Approval of Prestwick Place 2nd Addition Final Plat and Planned Unit Development Final Site & Building Plan (11-20-FP, 11-21-FDP)AGENDA ITEM: Case 11- 20 -FP; 11- 21 -FDP Request by D.R. Horton for the Approval of the Prestwick Place 2nd Addition Final Plat and Planned Unit Development Final Site Building Plan AGENDA SECTION: New Business PREPARED BY: Eric Zweber, Senior Planner AG 1DA NO. VI-a• ATTACHMENTS: Location Map, Resolutions, Final Plat, Approved 2010 Preliminary Plat, Development Plan, Preliminary Plat, Grading Plans, Utility Plan, Landscape Plans, Prestwick Place Concept Plan, Planned Unit Development Agreement, City Engineer's Memorandum dated July 13, Fire Marshall's Memorandum dated June 17, Excerpt of the Draft June 28 Planning Commission Minutes. APPROVED BY: na RECOMMENDED ACTION: Motion to adopt a Resolution approving the Final Plat for Prestwick Place 2 Addition. Motion to adopt a Resolution approving the Planned Unit Development (PUD) Final Site and Building Plan for Prestwick Place 2 Addition. Motion to approve the Planned Unit Development Final Site and Building Plan agreement for Prestwick Place 2 Addition and authorize the Mayor and City Clerk to enter into the Agreement. !�C ROSEMOUNT CITY COUNCIL City Council Meeting Date: July 19, 2011 EXECUTIVE SUMMARY ISSUE D.R. Horton has submitted applications for approval of a Final Plat and Planned Unit Development Final Site Building Plan for approximately 46 acres located directly west of Akron Avenue (County Road 73) and north of County Road 42. The development will allow 127 single family homes with a minimum of 65 foot wide lots on 46.2 acres. The Final Plat is for the first 29 lots. PLANNING COMMISSION MEETING JUNE 28, 2011 On June 28, 2011, the Planning Commission conducted a Public Hearing regarding Prestwick Place 2nd Addition. Leeland Mann, representing Northern Natural Gas (NNG), commented that the plat had not been submitted to NNG. Fran Hagen, D.R. Horton's consulting engineer from Westwood, stated that the plans had been submitted electronically to NNG about two weeks ago. Phil Olson, Assistant City Engineer, stated that the conditions for the applicant to receive approval from NNG and other relevant utility companies are within the City Engineer's Memorandum. No residents spoke during the Public Hearing. Following the Public Hearing, there was discussion that the applicant would like additional options for front elevation enhancements besides the 3.5 feet of brick or stone wainscoting recommendation. Staff stated that they would be willing to discuss other elevation enhancements before the City Council approval (staff is recommending the addition of a front porch that occupies a minimum of 30% of the total front elevation as an equivalent front elevation enhancement). Commissioner Miller asked for clarification on how the 429 assessment process would be used for the public improvements. Commissioner Powell questioned how dedication of the future well site will be addressed. Scott Johnson, landowner from Arcon Development, stated that Arcon Development will provide a well site north of the Plat. The provided Subdivision Agreement includes a well site being provided within Outlot C of the Final Plat. Commissioner Powell asked what would happen if the City Council did not approve the construction contract from Connemara Trail on July 19. Senior Planner Zweber explained that the phasing of the development requires the first access to come from Connemara Trail. If Connemara Trail is not constructed, then D.R. Horton would need to revise the plans to have the first access from Akron Avenue. Commissioners Miller and Irving stated reluctance to approve the Plat without the approval of NNG. Staff explained that the utility permit approvals are an administrative approval that occurs after the Final Plat approval of the City Council. The Planning Commission unanimously recommended that the City Council approve the Final Plat and Planned Unit Development Final Site Building Plan for Prestwick Place 2nd SUMMARY D.R. Horton has submitted applications for approval of Prestwick Place 2n Addition Final Plat and Planned Unit Development Final Site Building Plan for approximately 46 acres located directly west of Akron Avenue (County Road 73) and north of County Road 42. This development will be located directly north of the future extension of Connemara Trail and its intersection with Akron Avenue. In June 2010, the City Council approved a preliminary plat, planned unit development master development plan, rezoning and comprehensive plan amendment for 142 single family homes on 56 foot lots on 44.38 acres. This development anticipates 127 single family homes with a minimum of 65 foot wide lots on 46.2 acres. The lot reduction is caused by the increase in width of the currently proposed lots from that approved in 2010. The request tonight is for the first phase of the development of the 29 lot Prestwick Place 2n Addition Final Plat. The land to the south and the east had previously been preliminarily platted with the original Prestwick Place subdivision. Staff supports approval of this final plat and finds that it is substantially in conformance with the preliminary plat approved in 2010. While the lot numbers have decreased slightly, the roads, lot locations, and neighborhood design are all very consistent with the 2010 approval. Surrounding Land Uses North West South East Agriculture and the Union Pacific rail line Agriculture and the Bloomfield single family housing Preliminarily platted and future commercial, Lennar single family homes, and City Park Preliminarily platted and future apartments and townhomes D.R. Horton is proposing a 127 lot subdivision on approximately 46 acres roughly triangular in shape located northeast of the future intersection of Connemara Trail and Akron Avenue. The final plat creates the first 29 lots on 12.31 acres. There is a pipeline easement that runs roughly parallel with the Connemara Trail alignment between 100 and 400 feet to the northeast. The subdivision is expected to be developed into three phases of 29 lots, 51 lots, and 47 lots respectively. The first phase is anticipated to be grading and have utility installation in the fall of 2011 with the possibility of streets paved and sidewalks constructed next spring. D.R. Horton is hoping that the weather will cooperate 2 Prestwick Place 2°` Units Gross Acres Additional Akron Avenue Right -of- way Stormwater Ponding Net Acres Units per Acre Preliminary Plat 127 46.2 0.41 2.53 43.26 2.94 Final Plat 29 12.3 n/a 2.2 10.1 2.87 enough to construct improvements this year allowing construction of model homes over the winter in anticipation of next spring's Parade of Homes. The Plat has three accesses to the neighborhood, one located onto Akron Avenue about a quarter mile north of the future intersection of Connemara Trail and Akron Avenue, and two accesses onto the future Connemara Trail. Of the two accesses onto Connemara Trail, one is about 500 feet west of Akron Avenue across from the future commercial access and Lennar single family homes and the other access is located across from the future City Park about one quarter mile west of the first access onto Connemara Trail. Akron Avenue was constructed in 2010 and it is anticipated that Connemara Trail will begin to be extended this year but may not be completed until the spring of 2012. The City Council will be considering construction of Connemara Trail using municipal state aid (MSA) funds and being paid back through assessments as development occurs. Background Owner: Arcon Development, current owner; D.R. Horton, Inc., future owner Residential Developers: D.R. Horton, Inc. Preliminary Plat Acres: 46.2 Acres Final Plat Acres: 12.3 acres Comprehensive Plan Design.: LDR: Low Density Residential Zoning: R -1 PUD: Low Density Residential Planned Unit Development Residential Densi Public Improvement Construction, Subdivision Agreement, and Assessment of Improvements As part of the approval, the applicant will need to enter into a Subdivision Agreement with the City. The subdivision agreement will assess costs associated with conducting a 429 process for installation of development improvements and also for Connemara Trail. In the past, the developer has paid all City fees and construction costs before and through the construction of public improvements, and the developer has provided a letter of credit in an amount of 110% of the cost of the improvements. Due to the difficult financial markets, developers have difficultly borrowing the capital needed to pay for the cost of the improvements and secure 110% of the construction value to provide as a letter of credit. As previously discussed with Council, the subdivision agreement will include the assessment of construction costs and trunk fees to be assessed to the individual lots through the 429 assessment process. The City has completed the construction of public improvements for private development with the 429 process during the 1980's and 1990's. To protect the City's interests, the subdivision agreement will include a petition and waiver agreement in which DR Horton waives its right to an assessment hearing and protest of the assessment. The assessment is set up for five years so that 20% of the improvements will be paid off each year. Additionally, the full assessment for each lot needs to be paid off when DR Horton pulls a building permit for that lot which will accelerate the pay off of the assessment. The subdivision agreement requires a letter of credit equaling 60% the value of the improvements. Staff believes that the City has some protection for the recovery of the costs of the improvements because the assessments would not go away if DR Horton would default and the lots were returned to 3 the bank. The assessment runs with the property to the new owner. The 60% value is equivalent to three years of assessment which would likely cover the City's cost during the foreclosure /default period and the time required for the bank to sell to a new developer. There is a market for lots that are served with public improvements because developers would rather buy a lot that is ready to be built upon instead of paying for the time and costs of developing raw land. Single Family Housing DR Horton is proposing 127 lots that will have a minimum width of 65 feet and side yards setbacks that total 15 feet. These dimensions would result in building pads 50 feet in width. The 50 foot building pads will allow the construction of homes with three car garages. Staff is recommending requiring house designs with the front elevation alternative that includes the 3.5 foot brick or stone wainscoting or a front porch that is as wide as at least 30% of full front facade. Due to the increased density of the neighborhood and to be compatible with the other single family homes recently approved in the City, staff believes that the wainscoting or the front porch is a reasonable expectation. The houses located in the Bloomfield neighborhood to the west have a similar wainscoting on their front elevations. Street System The preliminary plat depicts the construction of six streets, labeled Street A through Street F, to serve the 127 lots. 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. This subdivision will have one access onto Akron Avenue from Street A and two accesses onto Connemara Trail from Streets D and F. Two streets, Streets C and F, are stubbed to serve the eventual residential development to the north and west. The plans show the construction of these streets to the ends of preliminary plat Lots 1 and 13, Block 1 respectively. Staff recommends that the full right -of -way be dedicated with the final plats but that the road construction of preliminary plat Street F ends at the intersections to provide the most flexibility for the layout of the future development. With this construction condition, staff is supportive of the street network as designed. Final Plat The first final plat of 29 lots located in the southeast corner of the subdivision using the access onto Connemara Trail. This area was chosen because of the location of the stormwater pond and infiltration basin, construction of Connemara Trail, and the Lennar single family homes approved south of Connemara Trail. A hammer head intersection at final plat Street A and Street C will be constructed to serve as an emergency vehicle turn around. Future Phases Two additional phases are planned for 51 and 47 lots respectively. The second phase will include an access to Akron Avenue and the third phase will include a second access onto Connemara Trail and the accesses for future development to the north. 4 R -1 Low Density Residential Zoning Proposed 65 -foot Wide Lots 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% the bank. The assessment runs with the property to the new owner. The 60% value is equivalent to three years of assessment which would likely cover the City's cost during the foreclosure /default period and the time required for the bank to sell to a new developer. There is a market for lots that are served with public improvements because developers would rather buy a lot that is ready to be built upon instead of paying for the time and costs of developing raw land. Single Family Housing DR Horton is proposing 127 lots that will have a minimum width of 65 feet and side yards setbacks that total 15 feet. These dimensions would result in building pads 50 feet in width. The 50 foot building pads will allow the construction of homes with three car garages. Staff is recommending requiring house designs with the front elevation alternative that includes the 3.5 foot brick or stone wainscoting or a front porch that is as wide as at least 30% of full front facade. Due to the increased density of the neighborhood and to be compatible with the other single family homes recently approved in the City, staff believes that the wainscoting or the front porch is a reasonable expectation. The houses located in the Bloomfield neighborhood to the west have a similar wainscoting on their front elevations. Street System The preliminary plat depicts the construction of six streets, labeled Street A through Street F, to serve the 127 lots. 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. This subdivision will have one access onto Akron Avenue from Street A and two accesses onto Connemara Trail from Streets D and F. Two streets, Streets C and F, are stubbed to serve the eventual residential development to the north and west. The plans show the construction of these streets to the ends of preliminary plat Lots 1 and 13, Block 1 respectively. Staff recommends that the full right -of -way be dedicated with the final plats but that the road construction of preliminary plat Street F ends at the intersections to provide the most flexibility for the layout of the future development. With this construction condition, staff is supportive of the street network as designed. Final Plat The first final plat of 29 lots located in the southeast corner of the subdivision using the access onto Connemara Trail. This area was chosen because of the location of the stormwater pond and infiltration basin, construction of Connemara Trail, and the Lennar single family homes approved south of Connemara Trail. A hammer head intersection at final plat Street A and Street C will be constructed to serve as an emergency vehicle turn around. Future Phases Two additional phases are planned for 51 and 47 lots respectively. The second phase will include an access to Akron Avenue and the third phase will include a second access onto Connemara Trail and the accesses for future development to the north. 4 Parks and Recreation No parkland is anticipated to be dedicated with the Prestwick Place 2nd 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. This future park is anticipated to serve the entire Prestwick Place neighborhood located west of Akron Avenue including D.R. Horton's Prestwick Place 2 subdivision. D.R. Horton is expected to pay a fee -in -lieu of the 5.08 acres of parkland that would be required to be dedicated per City Code. The payment will be based upon the fee schedule in force at the time of issuance of a building permit. Access to the City's trail system will be provided by the trails that will be 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 majority of the site is currently being used as agriculture and is devoid of trees. There are some trees located around the former farmstead but the examination of these trees found many box elders and no heritage trees as defined by City Code. The tree replacement requirement for this area was addressed and fulfilled in the original Prestwick Place preliminary plat and nothing additional is required with this approval. Landscaping The landscaping for the subdivision includes berming and landscaping on the Akron Avenue and Connemara Trail frontages and trees planted on the individual lots. The Akron Avenue and Connemara Trail frontages will have 4 foot tall berms, deciduous trees spaced evenly along the property line with the roadway, and a minimum of three evergreens on each individual lot abutting Akron or Connemara. Any fencing constructed on any of the lots would need to be located with the landscaping outside of the fence and between the fence and Akron Avenue or Connemara Trail. 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 required to 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 is proposed by a stormwater pond and infiltration basin located just northeast of Connemara Trail and southwest of the pipeline easement. The stormwater pond and infiltration basin are proposed to be constructed on the backs of preliminary plat Lots 1, 2, 31, 32 and 33, Block 5. The City will take a drainage, utility, and conservation easement 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 trespassing or refuse on the property. Commonly, stormwater ponds and infiltration basins are platted as outlots and responsibility is the homeowner's association but because this neighborhood will not have a homeowner's association, the private property owner design is preferred. This concept is generally acceptable to the City Engineer 5 and addressed in more detail in the Engineer's Memorandum. Exception Parcels and Future City Wellhouse There are four exception properties along the eastern boundary of the preliminary plat. The first is located in the southeastern corner of the plat and is not proposed to be part of this subdivision. A future driveway access and municipal sewer and water connection is proposed to this exception property from final plat Street A through Outlot A. This exception property should be able to redevelop on its own with these connections. The remaining three exception parcels were acquired by the City as part of the Akron Avenue Trunk Improvements and County Road 73 Street Improvements projects for easements and rights -of -way. The three City owned exception parcels are located on parts of final plat Lots 2 through 7, Block 2. It is proposed to sell this land for DR Horton to develop while retaining land for a future well in a future phase to the north. The minimum requirement for a well site is a 0.25 acre site with a minimum dimension of 105 feet by 105 feet and a driveway access to a local public street. The well site would need to hook into a raw water main that would run north along Akron Avenue and then west along Bonaire Path to the Bloomfield water tower site just north of Fire Station #2. The subdivision agreement will require Arcon Development to provide a well site on the property north of this subdivision that would meet the well siting criteria. The purchase agreement of the three City owned exception parcels will be included in the subdivision agreement. Connemara Trail Extension The City Council has made the extension of Connemara Trail from the Bloomfield neighborhood to Akron Avenue a priority for economic development. This extension will provide additional access to Prestwick Place and particularly the commercial property northwest of Akron Avenue and County Road 42. To help address the developer's concerns, staff is recommending funding the construction of Connemara Trail through municipal state aid (MSA) funds and the construction costs will be repaid on a prorated basis as private development occurs. The prorated portions of Connemara Trail for DR Horton and Lennar will be included in their subdivision agreements. Additional Public Works, Parks and Recreation, and Fire Marshall Comments The City Engineer and Fire Marshall have prepared memorandums of comments regarding the plat and they are attachment to this executive summary. Most of the topics within the memos have been discussed in the previous sections of this executive summary, but the memos provide greater detail for the developer and the developer's engineer. RECOMMENDATION Staff recommends that the City Council approval of the final plat, the planned unit development final site and building plan, and the planned unit development agreement for Prestwick Place 2nd Addition. 6 Outlot A, PRESTWICK PLACE, according to the recorded plat thereof, Dakota County, Minnesota. AND ATTEST: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 A RESOLUTION APPROVING THE FINAL PLAT FOR PRESTWICK PLACE 2 ADDITION WHEREAS, the City of Rosemount received a request for Final Plat approval from D.R. Horton, Inc. concerning property legally described as: That part of North Half of the Northwest Quarter of Section 27, Township 115 North, Range 19 West, described as follows. Commencing at the northwest corner of said North Half of the Northwest Quarter; thence South along the quarter section line, a distance of 627.87 feet to the actual point of beginning of the property to be described; thence West 208.71 feet: thence South 417.42 feet; thence East 208.71 feet to the said quarter section line; thence North, along the quartet section line, a distance of 417.42 feet to the point of beginning. WHEREAS, on June 28, 2011, the Planning Commission of the City of Rosemount held a public hearing and reviewed the Final Plat for Prestwick Place 2 Addition; and WHEREAS, on June 28, 2011, the Planning Commission recommended approval of the Final Plat for Prestwick Place 2 Addition; and WHEREAS, on July 19, 2011, 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 2n Addition, subject to the following conditions: 1. Conformance with all requirements of the Prestwick Place 2n Addition Preliminary Plat. 2. Execution of a subdivision development agreement for Prestwick Place 2" Addition. ADOPTED this 19 day of July, 2011, by the City Council of the City of Rosemount. Amy Domeier, City Clerk William H. Droste, Mayor a A f 3 A 4 jg j (.317N NC4019_ 3. 90.;0•00N WV. 0 M i4, 2 :4:c..,,,.. avoy erzi• 3.9..a."04• 6SIZZ j AVADON 4 CZ ON ovoti A.I.Nnoo ;14" r m. ao•,----,; °0 ,a, n L T -6a----„,Qi 0. 4;* 16Tr, 3.64.400N Z .00N LI 8 PRESTWICK PLACE 2ND ADDITION Min Ail 2E. 1, Za i .,f MN (.317N NC4019_ 3. 90.;0•00N WV. 0 M i4, 2 :4:c..,,,.. avoy erzi• 3.9..a."04• 6SIZZ j AVADON 4 CZ ON ovoti A.I.Nnoo ;14" r m. ao•,----,; °0 ,a, n L T -6a----„,Qi 0. 4;* 16Tr, 3.64.400N Z .00N LI 8 PRESTWICK PLACE 2ND ADDITION A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT (PUD) FINAL SITE AND BUILDING PLAN FOR PRESTWICK PLACE 2 ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from D.R. Horton, Inc. requesting a planned unit development (PUD) final site and building plan concerning property legally described as: Outlot A, PRESTWICK PLACE, according to the recorded plat thereof, Dakota County, Minnesota. AND CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 That part of North Half of the Northwest Quarter of Section 27, Township 115 North, Range 19 West, described as follows: Commencing at the northwest corner of said North Half of the Northwest Quarter; thence South along the quarter section line, a distance of 627.87 feet to the actual point of beginning of the property to be described; thence West 208.71 feet: thence South 417.42 feet; thence East 208.71 feet to the said quarter section line; thence North, along the quarter section line, a distance of 417.42 feet to the point of beginning. WHEREAS, on June 28, 2011, the Planning Commission of the City of Rosemount held a public hearing and reviewed the requested application; and WHEREAS, on June 28, 2011, the Planning Commission recommended approval of the requested applications, subject to conditions; and WHEREAS, on July 19, 2011, 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 planned unit development (PUD) final site and building plan of Prestwick Place 2nd Addition, subject to: 1. Deviations from the R -1 zoning district are granted to allow a 65 foot minimum lot width, 25 foot front yard setbacks, 7.5 foot side yard setbacks, 8,750 square foot minimum lot size, and 35% lot coverage. 2. Dedication of a well site on Outlot C to the will need to be a minimum of 0.25 acres with a minimum dimension of 105 feet by 105 feet and have a permanent access onto a local public street 3. The front elevation design shall include either a three and a half (3.5) feet of brick or stone wainscoting excluding windows and doors; or a front porch that is 30 percent of the front elevation, including the garage. 4. Trees installed on individual lots shall be planted in a location that does not interfere with curb stops or individual sewer or water connections. 5. Fences on lots adjacent to Akron Avenue or Connemara Trail shall be constructed so that landscaping is outside the fence and between the fence and Akron Avenue or Connemara Trail right -of -way. ADOPTED this 19 day of July, 2011, by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk 2 RESOLUTION 2011- 6. 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. 7. City Council award of the Connemara Trail construction contract. 8. Compliance with the conditions and standards within the Fire Marshall's Memorandum dated June 17, 2011. 9. Compliance with the conditions and standards within the City Engineer's Memorandum dated July 13, 2011. 10. Compliance with the conditions of Dakota County Plat Commission Approval. 11. Execution of a subdivision agreement for Prestwick Place 2n Addition. William H. Droste, Mayor ��T I :1 e t 1 i i H g 1g t 1 ,;"Atil 01 ..1 '1'1. igli.O0'. ilgOill ”I' >313111 1 3111 E0 A1,113.1W.INI LI1JA,11,M 2n J. J VA r J S yr 111� r, ,eir C al %owl tow I I 11 1A‘,, II 9STS -1. v.ye i R LO(1 c I i4 0 LO' B G 1� 95 B J'� 1 99J_9 I.„ ib °4a a'. Vs c7 .3'S: GF iJ 0...211 11 8? 1 Y-__Li rE a -i-3 1 m TT A ,-1" ";"TT•TT-1TCT:1 DECLARATION OF COVENANTS AND RESTRICTIONS PRESTWICK PLACE 2 ADDITION FINAL SITE AND BUILDING PLAN PLANNED UNIT DEVELOPMENT AGREEMENT THIS DECLARATION made this 19 day of July, 2011, by the D.R. Horton, Inc. Minnesota, a Delaware corporation (hereinafter referred to as the "Declarant WHEREAS, Declarant is the owner of the real property as described on Attachment One, attached hereto and hereby made a part hereof (hereinafter collectively referred to as the "Subject Property and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Rosemount (hereinafter referred to as the "City in connection with the approval of an application for a master development plan planned unit development for a residential development on the Subject Property; and WHEREAS, the City has approved such development on the basis of the determination by the City Council of the City that such development is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the master development plan planned unit development would not have been approved; and 1 WHEREAS, as a condition of approval of the master development plan planned unit development, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration and WHEREAS, to secure the benefits and advantages of approval of such planned unit development, Declarant desires to subject the Subject Property to the terms hereof. 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. 1. The use and development of the Subject Property shall conform to the following documents, plans and drawings: a. City Resolution No 2011 Attachment Two b. Prestwick Place 2 Addition Final Plat (3 Sheets), Attachment Three, Four, and Five c. Development Plan/Overall Preliminary Plat (Revised 06/30/2011), Attachment Six d. Preliminary Plat (Revised 06/30/2011), Attachment Seven e. Final Grading Erosion Plans, (Sheets 2 through 5 of 8; Revised 06/30/2011), Attachment Eight, Nine, Ten, and Eleven e. Preliminary Utility Plan (Revised 06/30/2011), Attachment Twelve f. Final Landscape Plans (3 Sheets; Revised 06/30/2011), Attachment Thirteen, Fourteen, and Fifteen all of which attachments are copies of original documents on file with the City and are made a part hereof. 2 2. Development and maintenance of structures and uses on the Subject Property shall conform to the following standards and requirements: a. Maintenance of the stormwater basin, infiltration basin and associated stormwater infrastructure necessary for the long term operation and function will be performed by the City. All other maintenance including but not limited to garbage collection, or landscape replacement or the like shall be the responsibility of the of the private property owners. All maintenance of the stormwater basin and infiltration basin shall be the responsibility of the City after the basins have been established. b. Maintenance and replacement of trees and landscaping other than that associated with the stormwater basin and infiltration basin described in standard a. shall be the responsibility of the adjoining homeowners' association. c. The front elevation design shall including either of the following: 1) Three and a half (3.5) feet of brick or stone wainscoting, excluding windows or doors. 2) Front porch that is 30 percent of the front elevation, including the garage. d. Fences on lots adjacent to Akron Avenue or Connemara Trail shall be constructed so that landscaping is outside the fence and between the fence and Akron Avenue or Connemara Trail right -of -way. 3. The Subject Property may only be developed and used in accordance with Paragraphs 1 and 2 of this Declaration unless the owner first secures approval by the City Council of an amendment to the planned unit development plan or a rezoning to a zoning classification that permits such other development and use. 3 4. In connection with the approval of development of the Subject Property, the following deviations from City Zoning or Subdivision Code provisions were approved: a. Section 11 -4 -5 F. 1. R -1 Minimum Lot Area: The minimum lot area shall be 8,750 square feet. b. Section 11 -4 -5 F. 2. R -1 Minimum Lot Width: The minimum lot width shall be 65 feet. c. Section 11 4 5 F. 4. R 1 Minimum Front Yard Setback: The minimum front yard setback shall be 25 feet. d. Section 11 -4 -5 F. 5. R -1 Minimum Side Yard Setback: The minimum side yard setback shall be 7.5 feet. e. Section 11 -4 -5 F. 9. R -1 Maximum Lot Coverage: The maximum lot coverage shall be 35 In all other respects the use and development of the Subject Property shall conform to the requirements of the Paragraphs 1 and 2 of this Declaration and the City Code of Ordinances. 5. The obligations and restrictions of this Declaration 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 Declaration 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. 4 (SEAL) STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2011, by the for and on behalf of a by and on behalf of said THIS INSTRUMENT WAS DRAFTED BY: CITY OF ROSEMOUNT 2875 145 STREET WEST ROSEMOUNT, MN 55068 651- 423 -4411 5 DECLARANT D.R. Horton Inc. Minnesota By Its Notary Public ATTACHMENT ONE Legal Description Outlot A, PRESTWICK PLACE, according to the recorded plat thereof, Dakota County, Minnesota. AND That part of North Half of the Northwest Quarter of Section 27, Township 115 North, Range 19 West, described as follows: Commencing at the northwest corner of said North Half of the Northwest Quarter; thence South along the quarter section line, a distance of 627.87 feet to the actual point of beginning of the property to be described; thence West 208.71 feet: thence South 417.42 feet; thence East 208.71 feet to the said quarter section line; thence North, along the quarter section line, a distance of 417.42 feet to the point of beginning. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT (PUD) FINAL SITE AND BUILDING PLAN FOR PRESTWICK PLACE 2 ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from D.R. Horton, Inc. requesting a planned unit development (PUD) final site and building plan concerning property legally described as: Outlot A, PRESTWICK PLACE, according to the recorded plat thereof, Dakota County, Minnesota. AND CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 That part of North Half of the Northwest Quarter of Section 27, Township 115 North, Range 19 West, described as follows: Commencing at the northwest corner of said North Half of the Northwest Quarter; thence South along the quarter section line, a distance of 627.87 feet to the actual point of beginning of the property to be described; thence West 208.71 feet: thence South 417.42 feet; thence East 208.71 feet to the said quarter section line; thence North, along the quarter section line, a distance of 417.42 feet to the point of beginning. WHEREAS, on June 28, 2011, the Planning Commission of the City of Rosemount held a public hearing and reviewed the requested application; and WHEREAS, on June 28, 2011, the Planning Commission recommended approval of the requested applications, subject to conditions; and WHEREAS, on July 19, 2011, 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 planned unit development (PUD) final site and building plan of Prestwick Place 2" Addition, subject to: 1. Deviations from the R -1 zoning district are granted to allow a 65 foot minimum lot width, 25 foot front yard setbacks, 7.5 foot side yard setbacks, 8,750 square foot minimum lot size, and 35% lot coverage. 2. Dedication of a well site on Outlot C to the will need to be a minimum of 0.25 acres with a minimum dimension of 105 feet by 105 feet and have a permanent access onto a local public street 3. The front elevation design shall include either a three and a half (3.5) feet of brick or stone wainscoting excluding windows and doors; or a front porch that is 30 percent of the front elevation, including the garage. 4. Trees installed on individual lots shall be planted in a location that does not interfere with curb stops or individual sewer or water connections. 5. Fences on lots adjacent to Akron Avenue or Connemara Trail shall be constructed so that landscaping is outside the fence and between the fence and Akron Avenue or Connemara Trail right -of -way. ATTACHMENT TWO ATTEST: RESOLUTION 2011- 6. 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. 7. City Council award of the Connemara Trail construction contract. 8. Compliance with the conditions and standards within the Fire Marshall's Memorandum dated June 17, 2011. 9. Compliance with the conditions and standards within the City Engineer's Memorandum dated July 13, 2011. 10. Compliance with the conditions of Dakota County Plat Commission Approval. 11. Execution of a subdivision agreement for Prestwick Place 2n Addition. ADOPTED this 19 day of July, 2011, by the City Council of the City of Rosemount. Amy Domeier, City Clerk William H. Droste, Mayor 2 ATTACHMENT THREE ATTACHMENT FOUR 4 i ATTACHMENT FOUR 7 ATTACHMENT FIVE 8 2 0,td: U t N tt Ed 1 .A a. ti 0 1 tt• 0 0 0 .6 0 0 N ts 5 Vc. 0 ‘a• 5 G. 0 a. t Gto a. CO 41. VI I 0 1 al It• 0 <3 r tr■ 0 ATTACHMENT SIX .6, I) a) -cs i..1 L) f i] ATTACHMENT SEVEN ATTACHMENT EIGHT ATTACHMENT NINE ATTACHMENT ELEVEN 3 S2 9 o� y 4 a 2"" z ATTACHMENT TWELVE 111 r z g ATTACHMENT THIRTEEN 1. ATTACHMENT FOURTEEN s o L Y .4 g 1 111 ATTACHMENT FIFTEEN ll 1 DATE: July 13, 2011 TO: Eric Zweber, Senior Planner MEMORANDUM CC: Kim Lindquist, Community Development Director Andrew Brotzler, Director of Public Works /City Engineer Dan Schultz, Parks and Recreation Director Chris Watson, Management Analyst Kathie Hanson, Planning Department Secretary FROM: Phil Olson, Assistant City Engineer 4 ROSEMOUNT RE: Prestwick Place Second Addition Preliminary Plat Review PUBLIC WORKS SUBMITTAL: Prepared by Westwood Engineering, the Prestwick Place Second Addition Preliminary Plans for preliminary plat review, dated July 6, 2011, were received July 6, 2011. The following review comments were generated from the following documents included in the submittal: Prestwick Place 2 Addition Final Plat, (3 sheets), undated Final Landscape Plan Overall, (3 sheets), dated May 31, 2011, revised June 30, 2011. Final Plans for Grading, Drainage Erosion Control, (8 sheets) dated May 31, 2011, revised June 30, 2011. Development Plan Overall Preliminary Plat, (15 sheets), dated April, 27, 2011 and revised June 30, 2011. Summary Letter, (5 pages), dated July 6, 2011. DEVELOPMENT FEES: 1. Estimated development fees based on 2011 Fee Resolution are due with the final plat and subdivision agreement. Additional development fees are as follows: The developer shall be responsible for costs associated with upgrading Akron Avenue. The improvement cost is $296.56/acre or $4,087. The City is currently developing plans for the extension of Connemara Trail. Per the Prestwick Place feasibility report, the developer shall be responsible for costs associated with Connemara Trail extension. Based on current estimates, the estimated improvement cost is $11,048.40 /acre. The final plat is 13.78 acres and therefore the total cost for the first phase is $152,247. This amount is based on construction estimates and may be subject to change. A listing of remaining fees is included in the developer's agreement. The approval and execution of a subdivision agreement is required prior to the award of a contract for public improvements. GENERAL COMMENTS: 2. Drainage and utility easements should be shown over all outlots and common lots. Outlot A is required to be shown with a drainage and utility easement on the final plat. 3. Any work occurring within the Northern Natural Gas pipeline easement shall be by agreement with the permit holder. Past experience on similar projects in the area has shown that the time that Northern Natural Gas requires to process and issue these types of agreements can affect project schedule. 4. Grading is proposed within the Northern Natural Gas pipeline easement. An agreement will be required with Northern Natural Gas allowing the proposed grading and stormwater pond within their easement. 5. Conservation easements shall be required over all stormwater ponds, infiltration basins, wetlands, and buffers. 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, berm, and natural areas. 6. A street lighting plan shall be submitted for review and approval at the time of final plat approval. PRELIMINARY GRADING AND EROSION CONTROL PLAN 7. Sheet 4: The Lot 15, Block 6 emergency overflow route from the rear yard depression has been updated on the plans to show an emergency overflow of 941.00 to Akron Avenue and a 939.00 to the west. The overflow is across the exception parcel to the southwest. The grading plan is required to be revised to provide an emergency overflow which does not direct drainage across the exception parcel. PRELIMINARY UTILITY PLAN: 8. Watermain sizing will be examined during final design and will correspond with water system planning efforts in the CSAH 42 /Akron Avenue AUAR and the Comprehensive Water Plan, as well as to ensure fire flow adequacy per current ISO Fire Flow Ratings. 9. Sanitary sewer design will be finalized during final design. EXISTING CONDITIONS /SURVEY: 10. Pothole elevations are required for each utility crossing the Northern Natural Gas pipeline to verify that the utility crossings can be constructed as proposed. LANDSCAPE PLAN: 11. Trees located over the storm sewer outfall to the pond should be removed. 12. Trees located on individual properties shall not be planed near the sanitary sewer and water service lines. These trees shall be positioned near the property lines. Should you have any questions or comments regarding the items listed above, please contact me at 651 322 -2015. K ROSEMOUNT FIRE DEPARTMENT M E M O R A N D U M To: Eric Zweber, Planner From: John Kendall, Code Compliance Inspector Fire Marshal Date: June 17, 2011 Subject: Prestwick Place Second Addition Upon review of the Preswick Place Second Addition Final Plan dated 05/31/11 provided for review by Westwood Professional Services Inc. on behalf of D.R. Horton, Inc. the Fire Marshal offers the following comments: The Final Plan as submitted substantially meets the minimum requirements of the 2007 MN State Fire Code. Facilities, building or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved access road with asphalt, concrete or other approved driving surface capable of supporting the imposed load of at least 75,000 pounds. To be in compliance with the 2007 MN State Fire Code, the distance requirement for fire hydrants shall be no more than 400 feet. Excerpt of the June 28, 2011 Planning Commission Meeting Minutes Prestwick Place 2 Addition Final Plat and Final Development Plan (11- 20 -FP, 11- 21 -FDP). Senior Planner Zweber summarized the information in the staff report. D.R. Horton has applied for final plat and final development plan approval on property zoned R -1 PUD: Low Density Residential Planned Unit Development to construct a 29 single family development and redesign the 142 fifty six (56) foot wide single family lots into 127 sixty -five (65) foot wide single family lots. Commissioner Miller questioned how this development compares to the project to the south in terms of house and lot size. Mr. Zweber replied that the house and lot sizes are almost identical. There is a difference in that this preliminary plat approval last year included a wainscoting of brick or stone for the bottom 3.5 feet of the house. He noted that the applicant asked for flexibility on this standard and preferred to do a front porch but wouldn't fit with a brick or stone wainscoting. Staff would be willing to work with applicant on variety of front elevation elements for the City Council approval. Commissioner Miller requested that staff explain the 429 assessment project. Mr. Zweber explained the 429 assessment process in detail. Chair Powell questioned if the applicant would be required to submit a waiver of appeal for the assessment. Mr. Zweber explained that the City Attorney will include the waiver in the subdivision agreement. Chair Powell questioned how condition number two would be satisfied. Mr. Zweber stated that the applicant could address which option they are considering. More information was provided on the location of the well based upon the three former single family lots located on Akron Avenue that the City actually owns and were bought with the intention to construct a well at the site. There were many locations where the well could be located. The applicants will give the City a site for a well if they chose to purchase those City owned lots. Chair Powell also questioned condition number 11 in regards to the scenario if the bids for Connemara Trail would come back much higher than expected. Mr. Zweber stated that if the bids came back to high and the City did not move forward then the proposed design would not work and the applicant would not have access. A complete redesign would need to be submitted. Scott Johnson, President of Arcon Development, stated that the deal was pretty clear in that the lot sizes would be increased and they have agreed to provide a well site to the north. He noted that the documentation was being drafted would be complete when the project proceeds to the City Council. Chair Powell had some questions on the front elevations. Mr. Johnson showed the different trims and features being proposed for the homes. The public hearing was opened at 8:27 p.m. Leeland Mann of Northern Metro Gas provided information on a pipeline going across the property. He stated that the gas company has not been approached for permission to cross the pipeline. He would like to have better plans to ensure maintenance of the pipeline. Mr. Olson stated it is a requirement that the developer work with Northern Natural Gas regarding the pipeline. Fran Hagen of Westwood Professional Services stated he sent out the CAD files to Northern Natural Gas two weeks ago. He indicated that Westwood is cooperating to resolve the situation. MOTION by Ege to close the public hearing. Second by Kodesjski. Ayes: 7. Nays: None. Motion approved. The public hearing was closed at 8:30 p.m. Discussion was held regarding changes to the front elevations. Mr. Zweber suggesting including language in the approval to allow for City Council approved front elevation enhancements. Commissioner Miller was concerned about the issues with the pipeline being addressed. Mr. Zweber explained that the pipeline concerns are in the engineering memo and that condition number 7 addresses the engineering comments. Commissioner Irving shared concerns about the encroachment agreement. Project Engineer Olson stated that an encroachment agreement would be required by Northern Natural Gas. He stated that no grading will be done until the agreement has been executed. He further stated that information has been provided to the developer and required as part of the Northern Natural Gas agreement to be in the City. The administrative pipeline agreement was not in the purview of the Planning Commission. MOTION by Miller to recommend that the City Council approve the Prestwick Place 2 Addition Final Plat and Planned Unit Development Final Site Building Plan, subject to the following conditions with the Amendment to Condition 3 to read The alternative front elevation design including approximately three and a half (3.5) feet of brick or stone wainscoting or other City Council approved front elevation enhancements is required: 1. Deviations from the R -1 zoning district are granted to allow a 65 foot minimum lot width, 25 foot front yard setbacks, 7.5 foot side yard setbacks, 8,750 square foot minimum lot size, and 35% lot coverage. 2. D.R. Horton will provide a well site within the exception parcels located on the east side of Street F or Arcon Development will to agree to provide a well site in a future development phase, preferably to the north. The well site will need to be a minimum of 0.25 acres with a minimum dimension of 105 feet by 105 feet and have a permanent access onto a local public street. 3. The alternative front elevation design including approximately three and a half (3.5) feet of brick or stone wainscoting or other City Council approved front elevation enhancements is required. 4. Add the plant species abbreviations next to the plant symbols on the landscape plans. 5. Trees installed on individual lots shall be planted in a location that does not interfere with curb stops or individual sewer or water connections. 6. Fences on lots adjacent to Akron Avenue or Connemara Trail shall be constructed so that proposed landscaping is visible to the public, outside the fence and between the fence and Akron Avenue or Connemara Trail right -of -way. 7. Compliance with the conditions and standards within the City Engineer's Memorandum dated June 21, 2010. 8. Compliance with the conditions and standards within the Fire Marshall's Memorandum dated June 17, 2010. 9. Compliance with the conditions of Dakota County Plat Commission Approval. 10. Increase the size of Preliminary Plat Lot 2, Block 4 to a minimum of 8,750 square feet. 11. City Council award of the Connemara Trail construction contract on July 19, 2011. 12. 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 Demuth. Ayes: 7. Nays: None. Motion carried.