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
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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
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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.
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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.
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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
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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
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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
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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.