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9.b. Preliminary Plat, Final Plat and Major Planned Unit Development Amendment for Prestwick Place 3rd Addition US Homes (Lennar) (11-12-PP, 11-13-FP, 11-14-AMD)
4ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: June 21, 2011 AGENDA ITEM: Case 11- 12 -PP, 11 -13 -FP 11 -14 AMD AGENDA SECTION: Preliminary Plat, Final Plat and Major New Business Planned Unit Development Amendment For Prestwick Place 3rd Addition U.S. Homes (Lennar) PREPARED BY: Jason Lindahl, A.I.C.P. AGENDA NO. Q Planner '12% ATTACHMENTS: PC Minutes from 5- 24 -11, PUD Amendment Resolution, PUD Amendment, Ordinance to APPROVED BY: Rezone, Preliminary Plat Resolution, Final Plat Resolution, Site Location Map, Prestwick Place Concept Plan, Prestwick Place PUD Agreement, Existing Conditions and Survey, Development Plans and Overall Preliminary Plat, Preliminary Plat, Preliminary Utility Plan, Profile, Details, Landscape Plans and Details, Prestwick Place 3 Addition Final Plat, Grading, Drainage and Erosion Control Plans, Profile, Details, Engineer's Memo dated June 15, 2011 and Parks Recreation Memo dated June 15,2011. DD) RECOMMENDED ACTION: Staff recommends the City Council adopt the following four motions: 1. Motion to adopt a resolution approving a Major Planned Unit Development (PUD) Amendment rezoning Outlot G, Prestwick Place from R -3 Medium Density Residential PUD to R -1, Low Density Residential PUD and designating lot size and setback standards, subject to conditions. 2. Motion to adopt an ordinance approving the rezoning of Outlot G, Prestwick Place from R -3 Medium Density Residential PUD to R -1, Low Density Residential PUD. 3. Motion to adopt a resolution approving the Preliminary Plat for Prestwick Place 3rd Addition, subject to conditions. 4. Motion to adopt a resolution approving the final plat for Prestwick Place 3 Addition, subject to conditions. SUMMARY Applicant: U.S. Homes Corporation Lennar) Location: Outlot G, Prestwick Place. West of Akron Avenue, north of County Road 42, and south of the future extension of Connemara Trail. Area in Acres: 27.32 Acres Comp. Guide Plan Desig: MDR Medium Density Residential Current Zoning: R -3 Medium Density Residential with the Prestwick Place Planned Unit Development (PUD) The applicant, U.S. Homes Corporation (Lennar), requests approval of a major PUD amendment, preliminary plat and final plat for Prestwick Place 3` Addition to allow development of Prestwick Place 3` Addition consisting of 64 total lots. The applicant's final plat for Phase I of this development includes 27 of the total 64 lots. The major PUD amendment is necessary to rezone the property from R -3, Medium Density Residential PUD to R -1, Low Density Residential PUD and establish appropriate lot and setback standards. The preliminary and final plats are necessary to facilitate subdivision of the subject property into individual residential lots, outlots and public streets. Staff recommends approval of this application subject to conditions. PLANNING COMMISSION ACTION The Planning Commission reviewed this item on May 24, 2011. An excerpt of the draft minutes are attached for your reference. After a presentation from staff, the Commission held a public hearing that produced no comments. As part of their review the Commissioner discussed road design, the amount of storm sewer, screening and buffering of lots along County Road 42 and sidewalks. After some discussion on these issues, the Commission directed the applicant to revise their plans as follows: 1. Shift Street 3 south so the south edge of its right -of -way is 155' north of the southern property line of Outlot G where it connects to the exception parcels to the west. The separate distance between Streets 3, 10 and the future road in Outlot A is acceptable as shown. 2. Reduce the amount of storm sewer infrastructure as directed by the City Engineer. 3. Intensify screening of the lots along County Road 42 through either fencing or a continuous double row of evergreen trees placed 15' on center. The final design of the screening will determined at the time of final plat for Phases II and III. 4. Revise the landscape plan to relocate the proposed overstory trees along Street 14 and Connemara Trail to the adjacent boulevard. These trees shall be maintained by the adjoining homeowners' association per the Prestwick Place PUD. 5. Add sidewalk on the west side of Street 9 and the south side of Street 8. Add a bituminous trail between Lots 9 and 10, Block 3 connecting Street 3 and Street 14 to facilitate pedestrian and bicycle access to the future commercial development to the east. With these conditions, the Planning Commission voted 6 -0 to recommend the City Council approve the major PUD amendment, preliminary plat and final plat for Prestwick Place 3` Addition allowing development of Prestwick Place 3` Addition consisting of 64 total lots. With the acceptation of relocating the trees along the future extension of Connemara Trail, the applicant has revised their plans to confirm with the Planning Commission's recommended changes. The tress along Connemara shall be relocated prior to release of the final plat. 2 BACKGROUND In 2007, the City adopted the CSAH 42 /Akron Avenue Alternative Urban Areawide Review (AUAR) which depicted the future development of 1,500 acres of land east of the Bloomfield neighborhood and south of Bonaire Path, including the subject property. Scenario 1 of the AUAR shows commercial development north of the intersection of Akron Avenue and County Road 42 surrounded by residential land uses that transition from high to medium and then to low density residential as you move away from the commercial nodes. The land uses shown in Scenario 1 were adopted in the City's Comprehensive Plan. Later in 2007, the City approved the Prestwick Place preliminary plat that generally followed the land uses of Scenario 1 for the 80 acres northwest and 80 acres northeast of Akron Avenue and County Road 42. The modified land use boundaries of the Prestwick Place plat were adopted by the City in its 2030 Comprehensive Plan. The final land use boundaries for development are affected by the housing market at the time of development, the infrastructure available to support development, and the economic reality of the two. Last month, the applicant requested a Comprehensive Plan Amendment to change the future land use designation of Oudot G, Prestwick Place from MDR Medium Density Residential to LDR Low Density Residential. The Planning Commission held a public hearing to review this item and recommended approval on April 26, 2011. The City Council formally approved the request on May 17, 2011. The applicant is now awaiting final approval from the Metropolitan Council. The PUD Amendment, Preliminary Plat, and Final Plat application are all subject to final approval of the Comprehensive Plan Amendment application by the Metropolitan Council. ISSUE ANALYSIS Major Planned Unit Development Amendment As a condition of the original approval for Prestwick Place, the Prestwick Place Planned Unit Development (PUD) Agreement was recorded over Outlots B through M and Outlot P including the subject property. The document designates the zoning for the subject property and details standards for future development. With the Comprehensive Plan Amendment approved by the City and the requested rezoning that would complement the Amendment, the property is now subject to all the standards of the R -1, Low Density Residential zoning districts as well as the standards for detached single family units contained in the PUD. In addition to the rezoning, the applicant requests modification the Minimum Lot Requirements and Standards for the R -1, Low Density Residential district. The table below compares the current R -1 standards with the single family standards for the Prestwick Place PUD and those proposed by the applicant for Prestwick Place 3r Addition. 3 Comparison of Lot Requirements and Standards In Prestwick Place Category Current R -1 Prestwick Place Prestwick Place 2 Prestwick Place 3rd Standards Standards Standards Standards Min. Lot Area 10,000 sq. ft. (Interior; 12,000 sq. ft. (Corner) 9,500 sq. ft. 7,433 sq. ft. 8,970 sq. ft. Min. Lot Width 80 ft. (Interior) 72 ft. 56 ft. 65 ft. 95 sq. ft. (Corner) Min. Front Yard Setback 30 ft. 25 ft. 25 ft. 25 ft. Min. Side Yard Setback 10 ft. 5 ft. Garage 7.5 ft 7.5 ft. 10 ft. House Min. Rear Yard Setback 30 ft. 30 ft. 30 ft. 30 ft. Min. Rear Yard Along 60 ft. NSA 40 ft. 50 ft. County Road 42 (Akron Avenue) The modified standards proposed by the applicant accommodate the proposed preliminary plat and are acceptable to staff with the exception of the minimum rear yard setback along County Road 42. Ordinance requires a 60' setback while the applicant's plan sheet notes a 50" setback. However, the building pads along County Road 42 all illustrate setbacks well in excess of 60'. It should also be noted that this development will be required to meeting the 30 percent impervious surface standard for the R -1 district even with the smaller lot size. This PUD amendment does not include a modification of the impervious surface standard. It should be noted that the proposed dimensional standards will create a denser single family neighborhood then the other single family projects proposed in Prestwick Place; however, staff fords this acceptable as a transition between the anticipated single family residential uses to the north and west and future commercial uses to the south and east. Subdivision Request Standards for reviewing subdivision requests are outlined in Title 12 of the Rosemount City Code. This section of the Code outlines the two -step Preliminary and Final Plat process for land subdivision. In this case, the applicant requests the City review the Preliminary and Final Plat applications concurrently. The applicable standards and staff findings for each are detailed below. Overall, staff finds the requests consistent with the recently approved Comprehensive Plan Amendment as well as the performance standards of the R -1, Low Density Residential district and the development standards for detached single family units in the Prestwick Place PUD Agreement, subject to conditions. Preliminary Plat. The proposed preliminary plat would change the use of the 27 acre subject property from 190 townhomes to 64 single family detached homes. As a result, the density of this project would change from nearly 7 units /acre to 2.5 units /acre. The applicant proposes to develop the preliminary plat in 3 phases. This application includes a final plat for the first phase that comprises 27 lots located west of Street 14. Phase 2 includes the middle 19 lots along Streets 3 and 8. Phase 3 consists of the western 18 lots along Streets 3, 4, 8, and 10. The portions of Streets 3 and 4 in Phase 3 would extend into adjacent future developments. Land Use and Zoning. The land use and zoning classifications for the subject property are consistent with the proposed single family residential use. As noted above, the City Council recently approved a comprehensive plan amendment changing the future land use designation for the subject property from MDR Medium Density Residential to LDR Low Density Residential. That application is subject to final approval by the Metropolitan Council. In addition, this application includes a request to rezone the subject property from R -3, Medium Density Residential PUD to R -1, Low Density Residential PUD. Should the 4 City approve the rezoning, the subject property becomes subject to all the standards of the R -1, Low Density Residential zoning districts as well as the standards for detached single family units contained in the PUD. While this development is subject to all of the conditions and development standards contained in the PUD, the most notable are provided below. 1. Maintenance and replacement of trees within the City right -of -way shall be the responsibility of the adjoining homeowners' association. 2. Garages on single family houses on corner lots shall be located on the opposite side of the house from the public street. 3. Conformance with all other applicable standards included in the Declaration of Covenants and Restrictions Prestwick Place Master Development Plan PUD agreement or City Zoning Ordinance, including but not limited to, Section 11 -2 -15: Single Family Detached Dwelling Requirements and Section 11- 5 -2.A: Building Type and Construction. Staff also finds the proposed LDR Low Density Residential Development land use classification consistent with the surrounding proposed land uses. The future land use designations of the surrounding parcels are detailed in the table below. Surrounding Future Land Use Designations within Prestwick Place Parcel Direction Designation Status Outlot A, Prestwick Place North LDR Low Density Residential Conforming Outlots C F, Prestwick Place Northwest PO Parks and Open Space Conforming Outlots E D, Prestwick Place West LDR Low Density Residential Conforming Outlot I, Prestwick Place East C Commercial Conforming Streets Access. Initial access to this development will come from Street 14 which runs north /south from County Road 42 to the future extension of Connemara Trail. The first phase of the development will include Street 9 which extends north from Street 14 to the City park planned for Outlot B and eventually on to the future extension of Connemara Trail. Street 2 is a cul -de -sac that extends east and south from Street 9. Phase II includes Street 8 which extends west from Street 9 in Phase I and Street 3 which extends south from Street 8. Phase III will extend both Streets 3 and 8 to the west from their end points in Phase II. As mentioned in the Planning Commission Action summary above, the Commission discussed where Street 3 would connect with the exception parcel to the west in Phase III and the spacing between Streets 3, 10 and a future road in Outlot A. The applicant's plans originally showed Street 3 connecting with the exception parcels 65' south of the rear property line of Block 1. Staff was concerned that this design did not allow for adequate distance to meet the minimum lot depth for future development on the exception parcel. Ultimately the Planning Commission agreed with staff recommendation to shift the road south so that lots in the exception parcel could achieve a 105' depth on the north side and meet the minimum 155' depth standard on the south side. The Commission also found the separation distance between Streets 3, 10 and the future street in Outlot B acceptable based on the finding that the Engineering Department believes these residential streets will function adequately even with the shorter separation distances. 5 Landscape and Berthing. The landscape plan meets the minimum number of overstory trees required for individual lots (1 per interior lot and 2 per corner lot); however, additional evergreen planting must be added to screen the rear yards of lots abutting County Road 42. Lots with rear yards abutting County Road 42 are required to be a minimum of 155' feet deep to allow space for landscaping and berrning to screen individual backyards from the abutting Principal Arterial road. To that end, the applicant's plans call for a 6' to 8' berm in the rear yards of Lots 1 through 10, Block 3 in Phases II and III. The applicant has complied with staff recommendation to intensify screen of the lots along County Road 42 by adding evergreen plantings and a six (6) foot high fence along Lots 1 through 5, Block 3 of the preliminary plat. The final design of the screening will determined at the time of final plat for Phases II and III. In addition, staff recommends a condition of approval require the applicant to revise the landscape plan to relocate the proposed overstory trees along Street 14 and the Future extension of Connemara Trail to the adjacent boulevard. These trees shall be maintained by the adjoining homeowners' association per the Prestwick Place PUD. The balance of the overstory trees planned for the development shall be planted on individual lots and maintained by the individual property owner. Parks and Open Space. Both the Parks Commission and staff have reviewed the proposed Prestwick Place 3` Addition plans. Comments regarding staff's review are detailed in the attached memo date June 15, 2011. The parks dedication requirement for 64 units is either 2.56 acres of land, a cash contribution of $217,600 or a combination of the two. Staff recommends the developer dedicate land to satisfy the park dedication for the 3rd Addition. There are 3.5 acres of Outlot B that have been identified as a public park. Staff is recommending that the City not give credit for the area that is part of the Met Council Pipeline Easement. The easement area in the park is 0.54 acres of land. Staff is recommending that the developer be given 2.96 acres of land dedication for the 3r addition. Because the park portion of Outlot B is larger than the current dedication requirements for the 64 units in the 3td addition, the Prestwick Place Preliminary Plat will have a parks dedication credit of .40 acres that will be applied at a later date. The Park and Recreation Department agrees with the sidewalk and trail improvements recommended below. Sidewalks, Trails and Pathway. The City recently completed the Pedestrian and Bicycle Master Plan with a goal of building on existing infrastructure to create a community where choosing to walk or bike is a safe, convenient, and enjoyable recreation and transportation option of all users. The preliminary plat illustrates trails along both sides of Street 14 and sidewalks one side of Streets 2, 3, 8, 9, and 10. Because of the "neighborhood collector" function of Streets 8 and 9 and the fact that both streets lead to the neighborhood park for this development and adjacent future commercial development, staff recommends adding sidewalk on the west side of Street 9 and along the south side of Street 8. Staff is also recommends the applicant install a bituminous trail between Lots 9 and 10, Block 3 connecting Street 3 and Street 14 to facilitate pedestrian and bicycle access to the future commercial development to the east. The recommendation for side walk on two sides of certain streets is consistent with the recommendation staff made in the Prestwick Place 2n Addition. In the 2 Addition, the applicant did not support the recommendation and both the Planning Commission and Council did not require it. In this case, the applicant supports the Planning Commission's recommendation for additional sidewalks and trails with the exception of the sidewalk along the south side of Street 8. One member of the Planning Commission voiced concerns about the sidewalk along the south side of Street 8 citing additional maintenance concerns. The rest of the Commission found the additional sidewalks consistent with the new Pedestrian and Bicycle Master Plan and believed the amenity provided by the sidewalk outweighed the possible 6 maintenance concerns. Given the variability of weather, it is difficult to quantify how much additional maintenance could be associated with the sidewalk. But it would not exceed those of other existing corner lots with sidewalks on two sides in the City. The applicant has revised their plans to comply with staff's recommendations regarding sidewalk and trail improvements. Engineering Comments. The Engineering Department has reviewed the proposed Prestwick Place 3` Addition Preliminary and Final plats. Comments regarding these applications are detailed in the attached memo dated June 15, 2011. The Engineering Department recommends prohibiting fences within the drainage and utility easements for those lots that include rear yard storm sewer. These specific lots are identified in the Engineering memo and the restrictions are recommended to facilitate area for maintenance. Final Plat. The applicant's plans include a final plat for the first phase of the proposed development. The Phase I final plat includes the eastern 27 lots west of Street 14 and south of the future extension of Connemara Trail and future neighborhood park (Outlot B). These lots will be accessed by Streets 9 and 2 via Street 14. A pipeline easement will provide additional buffer area for lots abutting Street 14. In addition to the buffer area provided by the easement, the applicant's plans call for a mixture of evergreen and ornamental plantings to provide screening. As mentioned above, staff recommends a condition of approval require the applicant to revise the landscape plan to relocate the proposed overstory trees along Street 14 and Connemara Trail to the adjacent boulevard. These trees shall be maintained by the adjoining homeowners' association per the Prestwick Place PUD. This final plat shall comply with all of the applicable conditions of approval for the preliminary plat. CONCLUSION RECOMMENDATION Staff recommends approval of a major PUD amendment, preliminary plat and final plat for Prestwick Place 3r Addition with conditions. The Planning Commission voted 6 -0 to recommend the City Council approve these applications subject to conditions after reviewing this application and conducting a public hearing that produced no comments. The applicant has revised their plans to conform to the Planning Commission's recommendations with the exception of relocating the trees along Connemara Trail. This shall occur prior to release of the final plat. While some issues remain with the subdivision agreement, staff recommends approval of the final plat conditioned on the approval and execution of a subdivision agreement. 7 EXCERPT FROM DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING MAY 24, 2011 Request by U.S. Home Corporation for a Preliminary Plat, Final Plat, and Major Amendment to Planned Unit Development Agreement Prestwick Place 3 Addition (11- 12 -PP, 11- 13 -FP, 11-14 AMD). Planner Lindahl stated that U.S. Home Corporation (Lennar) requests approval of a major PUD amendment, preliminary plat and final plat for Prestwick Place 3rd Addition to allow development of Prestwick Place 3rd Addition consisting of 63 total lots. The applicant's final plat for Phase I of this development includes 27 of the total 63 lots. The major PUD amendment is necessary to rezone the property from R -3, Medium Density Residential PUD to R -1, Low Density Residential PUD and establish appropriate lot and setback standards. The preliminary and final plats are necessary to facilitate subdivision of the subject property into individual residential lots, outlots and public streets. While this project mostly conforms to the City's development standards and staff is recommending approval, Mr. Lindahl pointed out several issues for the Commissioner's review. Commissioner Irving asked why Street #3 on the plat does not line up with the exception parcel ghost plat. Mr. Lindahl explained the situation with Street #3 and stated that is one of the items staff would like the Commission's input on how it should be designed. Mr. Lindahl gave the Commission several alternatives on how that area could be constructed and explained the difficulties with the size of the lots on the north size of the connecting street in the exception parcel. Commissioner Kolodziejski asked if the streets in the excepted parcel could be designed as a cul -de- sac. Mr. Lindahl showed the Commission another example of a ghost plat showing the possibility of cul -de -sacs in the exception parcel. Senior Planner Zweber stated that cul -de -sacs are not a preferable option and should be used on a limited basis where there are topography restrictions because it creates limited pedestrian access to and from a development. Chairperson Powell asked if the Lennar lots on the north side of the excepted parcel are currently at the minimum depth or if they could be reduced in size to accommodate the street connection. Mr. Zweber stated that the developers /owners of the two plats would have to work together at different phases of development and would be difficult to accomplish. Commissioner Miller asked for the owner name of the excepted property and whether or not the owner would have any input on how the land would be developed. Mr. Zweber stated that the owner of excepted parcel was invited in the original discussions with the developer for the Prestwick Place concept plan, but he declined the invitation. Commissioner Miller asked about the gas pipeline running through the south area of the plat and the requirements of maintenance. Project Engineer Olson stated that it is an Enterprise pipeline and staff's experience in working with them, Mr. Olson stated that grading is kept to a minimum to maintain cover over the pipe at an adequate depth, and if a crossing of the pipeline would need to occur that the developer would be required to enter into an agreement as well as the City in the event stormwater or drainage crossings would occur. Commissioner Miller asked how much cost and impact would be caused in moving all of the stormwater drainage and infiltration to one pond on the north side of the development rather than the two separate ponds on the south side along County Road 42 as shown on the Concept Plan. Mr. Olson replied that the redesign of the stormwater pond to the north will adequately cover the drainage and infiltration plus also eliminate some of the backyards being restricted by stormwater management. Mr. Zweber gave a background on the original concept plan with respect to the redesign of the stormwater ponds. Commissioner Miller then asked what the requirement for the development was for maximum retention of stormwater. Mr. Olson stated the development is required to hold the quantity of a 100 year storm event and be able to infiltrate that same storm event. He further stated that adjacent to this project, the City has been constructing an outlet for an event larger than a 100 year storm event. Therefore, Mr. Olson stated that the stormwater system being proposed is enough to handle the 100 year storm event for flood protection. Amounts larger than that will be handled by trunk storm system being created with a potential outlet to a larger infiltration basin or the Mississippi River shown as a connection off the back of the pond into the storm trunk sewer system. Commissioner Miller then asked what the cost to the City is for the stormwater infrastructure. Mr. Olson stated that cost has not been directly calculated since it is a long -term maintenance cost, but the construction cost would be entirely developer funded with the exception of the trunk storm sewer system which is funded through core funds. Commissioner DiNella asked to see the design of the proposed houses. Mr. Lindahl replied the applicant may have brought elevations with him. Mr. Zweber further clarified that there are broad standards in the zoning ordinance but the planned unit development agreement does not dictate specific home designs. He stated that PUD had included elevations in the past but then every elevation change needed to be approved with a minor PUD amendment. Commissioner DiNella asked about what type of protection there will be for homeowners from the noise on County Road 42. Mr. Lindahl stated that Condition C. of the preliminary plat motion requires the developer to intensify the screening along County Road 42 with either a fence or a double row of evergreens. He stated the final determination of screening type is made during the final plat stage of that phase. Commissioner Irving asked about the drainage pond that appears on the plat east of Street 14. Mr. Olson replied that the concept pond for the common area east of Street 14 will be constructed during construction of Street 14 and will be temporary until the commercial area is fully developed and may be moved to a different location at that time. Commissioner Demuth asked who would be in charge of snow removal of the sidewalks within the development and whether or not Condition E. under the preliminary plat motion is a recommendation or a requirement to install additional sidewalks. Mr. Lindahl stated that if the sidewalk is actually a trail as part of the City trail plan, it would be plowed in accordance with the City's plowing plan. A regular concrete sidewalk would be the responsibility of adjoining homeowner to remove the snow. He further stated that the condition is a recommendation at this stage but if it is approved by the City Council, it will be a requirement. Commissioner Irving inquired about Condition F. of the preliminary plat motion stating it seemed vague in its recommendation to "investigate" the addition of a bituminous trail. Mr. Lindahl stated staff was concerned about the feasibility of a trail in that location and still meet the ADA requirements of a 5% slope for the grade of the trail and he stated that condition F. was created before the developer and staff agreed that it could be done. Mr. Zweber added that the trail in that location is not going to be constructed in the first phase and often, conditions in the preliminary plat stage are ambiguous because the Commission will have another chance to review and approve these conditions when the final plat comes in for that stage. He further stated that if the Commission feels it is important to incorporate the trail, then it would be appropriate to add a specific condition requiring the trail. Chairperson Powell stated that if the Commission feels it important to incorporate the trail within the preliminary plat conditions, the Commission should do so now rather than wait until the final plat stage. Commissioner Demuth asked about the sidewalk /trail being added to the south side of Street 8 and stated her concern of the snow removal responsibility of the homeowner in the corner lot with sidewalks on two sides of the lot. Mr. Lindahl stated the additional sidewalk /trail is being requested by staff pursuant to the Bike and Pedestrian Plan that was recently adopted by the City to provide a trail along a neighborhood collector street which connects Connemara Trail and the commercial area. Commissioner Demuth stated she would like to see the additional sidewalk to the south of Street 8 eliminated from the plat requirements. Chairperson Powell asked if the Park and Recreation Commission, who met the night before, found any inconsistencies with the proposed plat. Mr. Lindahl replied that nothing was changed from the findings in the memo prepared by the Park and Recreation Director. Chairperson Powell asked about the discrepancy in that the plat shows a setback in excess of 60' on the lots along County Road 42 but the developer's standards state they want a 50' setback. Mr. Lindahl stated he would allow the developer to address that issue. Chairperson Powell asked how the restriction to build accessory structures in the backyard within an easement is governed. Mr. Lindahl replied that it is required by ordinance that accessory structures are prohibited within easements. Current city policy does allow residents to put fences within easements but also that the owner of the easement is allowed to do work in that area when needed regardless of any structures. Chairperson Powell then asked if the only conservation easement, pursuant to the engineering memo, would be located over the large pond and infiltration basin. Mr. Olson responded that it would be located over the large infiltration basin and ponding area with exception of the park. Chairperson Powell asked Mr. Olson to point out the sanitary sewer line that goes through the park and whether or not there has been any discussion with the developer to realign that sewer line. Mr. Olson showed where the sewer line is currently proposed and stated the City is in discussion with the Met Council to add a manhole at the end of Street 9 to better serve the commercial outlot as well as the lot in the southwest corner of the future development. The applicant, Joe Jablonski, with Lennar, approached the Commission and responded to the concerns of the Commissioners. With respect to the additional sidewalks /trails that staff is requesting, Mr. Jablonski requested that the south side of Street 9 be a trail that will dead end into the park while the other side of the street remain a concrete sidewalk. In response to Commissioner Demuth's concern about snow removal, Mr. Jablonski stated they would not require the homeowner's association to maintain the additional sidewalks; it would be the homeowner's responsibility. With respect to the rear yard storm sewer drainage, Mr. Jablonski states they are willing to make a significant investment up front to alleviate problems with drainage in the future to help lawns drain properly and avoid lot to lot drainage situations. With respect to screening along County Road 42, Mr. Jablonski stated that Lennar understands that is a heavily traveled road and they will continue to work with staff on acceptable buffering with a combination of berming, landscaping and fencing. Commissioner Irving asked Mr. Jablonski what Lennar wants to see happen with the excepted parcel connected to Street 3. Mr. Jablonski replied that he would prefer to see a double cul -de -sac or if it needs to be an L street, possibly have 2 larger lots on the north side of the excepted parcel instead of 4 small sized lots. Commissioner Miller asked the applicant what impact it would have if Street 3 could be curved down to the south to meet up with the connecting street on the ghost plat. Mr. Jablonski replied that Lots 1 and 2 would be reduced in length and may affect the buffering from County Road 42. Mr. Lindahl stated that Lots 1 and 2 are both 200' in depth and the minimum depth required is 155', so the street could go to the south a short distance and still maintain the minimum lot depth for those lots affected. Commissioner Miller asked about the possibility of maintaining a stormwater pond on the southeast corner of the development on Lots 7, 8 and 9 beyond the easement. Mr. Jablonski replied that they already have adequate ponding with the stormwater pond on the north side of the development. Project Engineer Olson added that there are grading restrictions involved with the pipeline and that area is also a good area for berming and screening from County Road 42. Commissioner Miller asked what the depth restriction for the pipeline was and Mr. Olson replied it was likely 3 -5 feet. Chairperson Powell asked the size of the pipeline and whether the stormwater crossings would go underneath the pipeline because of the depth restrictions. Mr. Olson replied that the pipeline is 8 inches and confirmed the stormwater crossings would be constructed underneath the pipeline. Commissioner Miller asked if the lots located directly on the easement still would have the same setback requirements. Mr. Jablonski replied that there would be a 20 foot setback from the easement line but those lots are wider than the others due to the pipeline so the house will have the same width as the other lots. Chairperson Powell asked the applicant if he had elevations of the home styles. Mr. Jablonski stated he did not bring any elevations with him to show the Commission but that the home styles would be similar to those Lennar has done in other developments, such as Glendalough. Chairperson Powell then asked if the homes would be walkout styles to facilitate the rear yard storm sewer systems and Mr. Jablonski stated that was correct. Commissioner Miller asked if there was any other technology that could be used instead of the backyard stormwater catch basins that was proposed since he has the same Lennar constructed system in his backyard and he does not favor it. Mr. Jablonski stated there are other options for stormwater management but that they all require some level of maintenance and the proposed system is the most cost effective for the City to maintain that does not require constant attention especially in situations where several residents could be involved in the maintenance of the system. Commissioner Miller asked if there would be a homeowner's association involved in this development. Mr. Jablonski stated it would be a very minimal homeowner's association because of the size of development and the lack of specific features that would be private in nature, probably only maintaining buffer fencing and architectural restrictions. There were no further questions for the applicant from the Commissioners. The public hearing was opened at 8:23p.m. There were no public comments. MOTION by Kolodziejski to close the public hearing. Second by Irving. Ayes: 6. Nays: None. Motion approved. The public hearing was closed at 8:24p.m. Chairperson Powell asked if any Commissioner had recommendations on the three questions given by staff. Commissioner Irving stated he would like to see the item tabled until the next meeting in order for staff to be able to provide more information on the different options for Street 3, the alternatives in stormwater management and see updated plans. Chairperson Powell stated he opposes the idea of cul -de -sacs in the excepted parcel and stated his preference to have Street 3 shifted south to align the street in the ghost plat. He further stated he supports the additional sidewalks along Streets 8 and 9 to support pedestrians. With respect to stormwater management alternatives, Chairperson Powell stated that splitting the ponding areas into multiple basins creates more that needs to be maintained or swales in the backyards leaves more to the homeowner responsibility and the possibility of them not being maintained. Commissioner Miller stated he would like to see staff do an analysis of stormwater management along County Road 42 at the intersection of Street 14 as a possible mitigation measure not only as a stormwater feature but also as a buffer to give distance between the homes and County Road 42. He also stated he is not comfortable with the proposed protection from a 100 year flood event and would like more information on how it will be insured the development will not get flooded. Commissioner Demuth asked if the additional sidewalks would be bituminous and what the width would be. Mr. Lindahl stated that the width of a sidewalk would be 5 feet and the width of a bituminous trail would be 8 feet; however it is undecided as to which one would be installed at those locations. Commissioner Demuth stated she opposes the additional sidewalk /trail along Street 8 due to the unreasonable responsibility of snow removal on the part of the homeowner(s). Mr. Zweber stated that the unresolved issues several of the Commissioners have are issues that are not part of the first phase of the final plat being proposed and will be looked at in more detail at a later meeting. He further stated that the issues can be listed as conditions of the preliminary plat and the final decision can be made in the final plat process later on. He stressed the fact that the building season is underway and time is short to have this development take place this year. Mr. Zweber went on to address Commissioner Miller's concern with the pond not taking care of the 100 year flood by explaining the pipe designed to handle the overflow and how the pond is designed. He further stated that other options for stormwater management have been evaluated but the applicant has not been able to assure maintenance by a homeowner's association or individual homeowners. MOTION by Irving to table the item until the June 28, 2011, Planning Commission meeting to allow staff to provide the requested information to the Commission. Commissioner Miller stated he would like to see the item come back earlier than the June 28 meeting. Mr. Zweber stated the Commission could meet on the second Tuesday of the month but that would not give the applicant adequate time to redraft and submit new plans and for staff to review those plans, and therefore, the June 28t meeting would be the soonest the item could be discussed. Second by Miller. Mr. Jablonski approached the Commission and requested a decision on the items at this meeting to avoid a delay of the project to possibly next year. Mr. Zweber reiterated the fact that the issues that are being questioned will come back in the future phases of the final plat development. Commissioner DiNella asked if the Commission could at least vote on the other motions if there were no questions involved with them. Chairperson Powell stated there was a motion currently on the floor to table the item which needed to be acted upon. Commissioner Irving agreed to withdraw his motion of tabling the item. Motion was withdrawn. MOTION by DiNella to recommend the City Council approve a Planned Unit Development (PUD) Amendment rezoning Outlot G, Prestwick Place from R -3 Medium Density Residential PUD to R -1, Low Density Residential PUD and designating lot size and setback standards, subject to conditions: a. Approval of the Comprehensive Plan Amendment by the Metropolitan Council. b. Conformance to the 60' rear yard setback standard for lots abutting a Principal Arterial street in the R -1, Low Density Residential district. Second by Kolodziejski. Ayes: 6. Nays: None. Motion carried. It was decided to add three additional conditions to the preliminary plat motion to (1) redesign Street 3 further to the south, so the south edge of its right -of -way is 155' north of the southern property line of Outlot G where it connects to the exception parcels to the west; (2) perform a stormwater analysis of stormwater management along County Road 42 considering different available alternatives; and (3) provide information on the impact to homeowners of an additional sidewalk on Street 8 with respect to snow removal. Also, it was decided to change the wording in Condition f. to read "Add a bituminous trail," instead of "Investigate the addition of". MOTION by Miller to recommend the City Council approve the Preliminary Plat for Prestwick Place 3r Addition, subject to conditions: a. Approval of the Comprehensive Plan Amendment by the Metropolitan Council. b. Approval of a Major Planned Unit Development rezoning the subject property and designating lot size and setback standards. c. Intensify screening of the lots along County Road 42 through either fencing or a continuous double row of evergreen trees placed 15' on center. The final design of the screening will determined at the time of final plat for Phases II and III. d. Revise the landscape plan to relocate the proposed overstory trees along Street 14 to the adjacent boulevard. These trees shall be maintained by the adjoining homeowners' association per the Prestwick Place PUD. e. Add trail /sidewalk on the west side of Street 9 and sidewalk along the south side of Street 8. f. Invcstigatc the addition of Add a bituminous trail between Lots 9 and 10, Block 3 connecting Street 3 and Street 14 to facilitate pedestrian and bicycle access to the future commercial development to the east. g. Conformance with all requirement of the City Engineer as detailed in the attached memo dated May 16, 2011. h. Conformance with all requirement of the Parks and Recreation Department as detailed in the attached memo dated May 18, 2011. i. Shift Street 3 south so the south edge of its right -of -way is 155' north of the southern property line of Outlot G where it connects to the exception parcels to the west. j. Perform a stormwater analysis of stormwater management along County Road 42 considering different available alternatives. k. Provide information on the impact to homeowners of an additional sidewalk on Street 8 with respect to snow removal. Second by Irving. Ayes: 6. Nays: None. Motion carried. MOTION by Powell to recommend the City Council approve the Final Plat for Prestwick Place 3rd Addition, subject to conditions: a. Conformance with all requirements of the Prestwick Place 3r Addition Preliminary Plat. b. Execution of the subdivision development agreement for Prestwick Place 3 Addition. Second by Kolodziejski. Ayes: 6. Nays: None. Motion carried. Planner Lindahl stated this item will go before the City Council on June 21, 2011. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 A RESOLUTION APPROVING A MAJOR PUD AMENDMENT TO THE PRESTWICK PLACE PLANNED UNIT DEVELOMENT AGREEMENT REZONING PRESTWICK PLACE 3 ADDITION FROM R3 MEDIUM DENSITY RESIDENTIAL PUD TO R1 LOW DENSITY RESIDENTIAL PUD AND ESTABLISHING LOT AND SETBACK STANDARDS WHEREAS, the Community Development Department of the City of Rosemount received an application from U.S. Home Corporation (Lennar) requesting a planned unit development (PUD) amendment for rezoning concerning property legally described as: OUTLOT G, PRESTWICK PLACE, DAKOTA COUNTY, MINNESOTA. WHEREAS, on May 24, 2011, the Planning Commission of the City of Rosemount held a public hearing and reviewed the requested application; and WHEREAS, on May 24, 2011, the Planning Commission recommended approval of the requested applications, subject to conditions; and WHEREAS, on June 21, 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) amendment for rezoning Prestwick Place 3rd Addition from R3 Medium Density Residential PUD to R1 PUD Low Density Residential Planned Unit Development, subject to: 1. Approval of the Comprehensive Plan Amendment by the Metropolitan Council. 2. Conformance to the 60' rear yard setback standard for lots abutting a Principal Arterial street in the R -1, Low Density Residential district. 3. Approval of an ordinance formalizing the PUD amendment to rezone. ADOPTED this 21st day of June, 2011, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk A MAJOR PUD AMENDMENT TO THE PRESTWICK PLACE PLANNED UNIT DEVELOMENT AGREEMENT REZONING PRESTWICK PLACE 3 ADDITION FROM R3 MEDIUM DENSITY RESIDENTIAL PUD TO RI LOW DENSITY RESIDENTIAL PUD AND ESTABLISHING LOT AND SETBACK STANDARDS THIS DECLARATION made this 21 day of June, 2011, by and between U.S. HOMES CORPORATION, (hereinafter referred to as the "Declarant and the CITY OF ROSEMOUNT, a Minnesota municipal corporation (hereinafter referred to as the "City WHEREAS, Declarant is the owner of the real property described as OUTLOT G, PRESTWICK PLACE, DAKOTA COUNTY, MINNESOTA (hereinafter referred to as the "Subject Properties and WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement, "Prestwick Place Master Development Plan Planned Unit Development Agreement dated November 7, 2007 and recorded with the Dakota County Recorder as document number 2576606 on March 10, 2010, (hereinafter referred to as the "Planned Unit Development Agreement and WHEREAS, Declarant wishes to amend the Planned Unit Development Agreement as hereinafter provided, which amendment has been approved and consented to by the City of Rosemount, acting through its City Council, as evidenced by the duly authorized signatures of its officers affixed hereto. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to the Planned Unit Development Agreement except as modified herein. 1 A. Outlot G, Prestwick Place shall be rezoned from R -3 Medium Density Residential PUD to R -1, Low Density Residential PUD. B. The lot and setback standards for Prestwick Place 3 Addition shall be: Comparison of Lot Requirements and Standards In Prestwick Place 3rd Addition Category Prestwick Place 3" Standards Min. Lot Area 8,970 sq. ft. Min. Lot Width 65 ft. Min. Front Yard 25 ft. Setback Min. Side Yard 7.5 ft. Setback Min. Rear Yard Setback 30 ft. Min. Rear Yard Along County Road 60 ft. 42 2. Except as modified by paragraph 1 of this Amendment, the Planned Unit Development Agreement shall remain in full force and effect. 3. The obligations and restrictions of this Amendment run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City of Rosemount acting through its City Council. This Amendment may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. DECLARANT US HOMES CORPORATION By Its By Its 2 STATE OF MINNESOTA ss. COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 2011, by and the and for and on behalf of U.S. Homes Corporation, a by and on behalf of said Notary Public This Amendment is approved and consented to by the City Council of the City of Rosemount. CITY OF ROSEMOUNT By: William H. Droste, Mayor And by: Amy Domeier, City Clerk STATE OF MINNESOTA ss. COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 2011, by William H. Droste and Amy Domeier, the Mayor and City Clerk, respectively, for and on behalf of the City of Rosemount, a Minnesota corporation, by and on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Rosemount 2875 145 Street West Rosemount, MN 55068 651- 423 -4411 3 City of Rosemount Ordinance No. B -215 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE Prestwick Place 3r Addition THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended to rezone property from R3 Medium Density to R -1 PUD Low Density Residential Planned Unit Development that is located south of the future Connemara Trail and west of Akron Avenue within the City of Rosemount legally described as follows: OUTLOT G, PRESTWICK PLACE, DAKOTA COUNTY, MINNESOTA. Section 2. The Zoning Map of the City of Rosemount, referred to and described in said Ordinance No. B as that certain map entitled "Zoning Map of the City of Rosemount," shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and all of the notation references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 21st day of June, 2011. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of 2011. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR PRESTWICK PLACE 3 ADDITION WHEREAS, the City of Rosemount received a request for Preliminary Plat approval from U.S. Home Corporation (Lennar) concerning property legally described as: OUTLOT G, PRESTWICK PLACE, DAKOTA COUNTY, MINNESOTA. WHEREAS, on May 24, 2011, the Planning Commission of the City of Rosemount held a public hearing and reviewed the Preliminary Plat for Prestwick Place 3rd Addition; and WHEREAS, on May 24, 2011, the Planning Commission recommended approval of the Preliminary Plat for Prestwick Place 3rd Addition; and WHEREAS, on June 21, 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 Preliminary Plat for Prestwick Place 3rd Addition, subject to the following conditions: 1. Approval of the Comprehensive Plan Amendment by the Metropolitan Council. 2. Approval of a Major Planned Unit Development and ordinance rezoning the subject property and designating lot size and setback standards. 3. Intensify screening of the lots along County Road 42 through either fencing or a continuous double row of evergreen trees placed 15' on center. The final design of the screening will determined at the time of final plat for Phases II and III. Any fence shall be positioned so that the screening landscaping is located on the exterior (County Road 42) side. 4. Revise the landscape plan to relocate the proposed overstory trees along Street 14 and Connemara Trail to the adjacent boulevard. These trees shall be maintained by the adjoining homeowners' association per the Prestwick Place PUD. 5. Add sidewalk on the west side of Street 9 and the south side of Street 8. 6. Add a bituminous trail between Lots 9 and 10, Block 3 connecting Street 3 and Street 14 to facilitate pedestrian and bicycle access to the future commercial development to the east. 7. Conformance with all requirements of Engineer's memo dated June 15, 2011. 8. Conformance with all requirements of the Parks and Recreation Department as detailed in the attached memo dated May 18, 2011. 9. Shift Street 3 south so the south edge of its right -of -way is 155' north of the southern property line of Outlot G where it connects to the exception parcels to the west. 10. Perform a stormwater analysis of stormwater management along County Road 42 considering different available alternatives. 11. Provide information on the impact to homeowners of an additional sidewalk on Street 8 with respect to snow removal. RESOLUTION 2011 ADOPTED this 21st day of June, 2011, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 A RESOLUTION APPROVING THE FINAL PLAT FOR PRESTWICK PLACE 3 RD ADDITION WHEREAS, the City of Rosemount received a request for Final Plat approval from U.S. Home Corporation (Lennar) concerning property legally described as: OUTLOT G, PRESTWICK PLACE, DAKOTA COUNTY, MINNESOTA. WHEREAS, on May 24, 2011, the Planning Commission of the City of Rosemount held a public hearing and reviewed the Final Plat for Prestwick Place 3rd Addition; and WHEREAS, on May 24, 2011, the Planning Commission recommended approval of the Final Plat for Prestwick Place 3rd Addition; and WHEREAS, on June 21, 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 3 Addition, subject to the following conditions: 1. Conformance with all requirements of the Prestwick Place 3rd Addition Preliminary Plat. 2. Execution of a subdivision development agreement for Prestwick Place 3rd Addition. ADOPTED this 21st day of June, 2011, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Prestwick Place 3rd Addition lir o r �1 7' VIM II it r,1/40.1 l 7 111 P fl f Ilk it -1a, ,d, _.i. 7s-it3 P 1111111 li '161 O 4'14 .40111 'k 101 /4Mt OA /111 IN dill wfa II NI ix 4 t.* 1~110 ■91 1,■► ASIPII q, El l Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch 934 feet appraisal, survey, or for zoning verification. �,y ,v h 4 t r -4- \,'7 i u 11 v 4,- i 'a 4= S itt 11, a x �v a f 47 '1w4,..r d r :-,..:',Y,-,i.,:.,;:. 7-7 21 t 4 h A i r' S3. 1t' r 4 4 v c '4'411, d ,„1. 5`d e� gi t e l c 1 vJ H 4 1 G t y i c s4 M 1 al i" y 4, i 1't k i n `.4 y t y t a,M,F. 4 3 v X1` a h ,�t v ,1, 1 4 4 '+.r 3 '+1 �i tt. �dr s T l'- c n w i t. '1 f R M, ,K I. y rte.; "i` rgZs� '.iG e[ <.tl ',7- 0 i r t i m 9 4 ibF_ 1ta�i .4 i 0 y cy i A g" f i i. H fR .,t a t r F '+r1! 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I 1 E X r Ii i �,'a 02 cti� i I i i P I hl 1 i fi 0 t L 'k r ?y .I P 1 I r .1 i I 1` �l 1 r l s 1 i_ l_ _.L.. 6 ,R.l 1 h t I� vi t 1 CIF I 1 I i l 'e art t w 1 r 4 1 4 4 wr'• zy s R i 'i I t r 1 I 1 I I� I� I 4 1 �i4 N j am 'O 41111 0 E N N o N eo p S yy O c '9„,e 8 CD R' Q e WO 55 to m aims 8 c c c w 0 0) U2Z w E m m 0 d u co ova l o CO �w o .6co ci 0 0 ro o S li e0 A W O C� yy i m12 0 c g. 172 2 QOY o V N St d N rr1a o �g�� l q1 o k E ra xE co W O88 28 LL.00CY N 000 8-24 Tp n'. i DECLARATION OF COVENANTS AND RESTRICTIONS PRESTWICK PLACE MASTER DEVELOPMENT PLAN PLANNED UNIT DEVELOPMENT AGREEMENT THIS DECLARATION made this 1 1+14 day of November, 2007, by the Arcon Development, Inc., a Minnesota corporation; The Pemtom Land Company, Inc., a Minnesota corporation; John P. Wiederhold and Judith Wiederhold, husband and wife; John Daily and Mary _0 Louise Daily, husband and wife; Walter Dziedzic and Patricia Dziedzic, husband and wife; Thomas L. McCarthy, a single person; and Richard McNary and Cynthia McNary, husband and wife, (hereinafter collectively referred to as the "Declarant WHEREAS, Declarant, Arcon Development, Inc., is the sole owner of the real property as described on Attachment One, attached hereto and hereby made a part hereof (hereinafter collectively with Attachinents Two and Three referred to as the "Subject Property and WHEREAS, Declarants, Arcon Development, Inc. and The Pemtom Land Company, Inc., are owners as tenants in common of the real property as described on Attachment Two, attached hereto and hereby made a part hereof (hereinafter collectively with Attachments One and Three referred to as the "Subject Property and 1`�7 ZZoZ(9�o 1 WHEREAS, all parties collectively referred to as Declarant are the owners of the real property as described on Attachment Three, attached hereto and hereby made a part hereof (hereinafter collectively with Attachments One and Two 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, Minnesota "City") in connection with the approval of an application for a master development plan planned unit development for a mixed residential and commercial 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 rop osed use, the master development plan planned unit development would P P P P P P not have been approved; and 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. 2 1. The use and development of the Subject Property shall conform to the following documents, plans and drawings: a. City Resolution No. 2007 -92, Attachment Four b. Prestwick Place Final Plat, Attachment Five c. Master Development Plan (Received 10/30/2007), Attachment Six d. Development Plan/Overall Preliminary Plat (Revised 09/19/2007), Attachment Seven e. Prestwick Place Preliminary Plat (Sheets 3, 4 and 5; Revised 09/19/2007), Attachment Eight f. Grading Plans, 50 Scale (Sheets 1 through 9; Revised 09/19/2007), Attachment Nine g. Utility Plans (Sheets 14, 15 and 16; Revised 09/19/2007), Attachment Ten h. Centerline Profiles and Details (Sheets 21, 21, 22 and 23; Revised 09/19/2007), Attachment Eleven i. Landscape Plans, 50 Scale (Sheets 1 through 8; Revised 09/19/2007), Attachment Twelve j. Parking Plans (Sheets 24 and 25; Revised 09/19/2007), Attachment Thirteen k. Open Space Analysis (Revised 09/19/2007), Attachment Fourteen 1. Lennar Back -to -back Townhouse Photos, Attachment Fifteen m. Lennar Through Unit Townhouse Photos, Attachment Sixteen n. Prestwick Place Commercial Area Guidelines (Revised 09/07/2007), Attachment Seventeen 3 all of which attachments are copies of original documents on file with the City and are made a part hereof. 2. Development and maintenance of structures and uses on the Subject Property shall conform to the following standards and requirements: a. Parking stalls shall be located no less than 20 feet from any public street right -of -way. b. Maintenance and replacement of trees within the City right -of -way shall be the responsibility of the adjoining homeowners' association. c. Maintenance of the stonnwater basins, infiltration basins and associated stormwater infrastructure necessary for the long tenn 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 homeowners' association or adjacent private property owners. All maintenance of the stormwater basin and infiltration basin on Outlot C, Prestwick Place, shall be the responsibility of the City after the basins have been established and Outlot C, Prestwick Place, has been dedicated to the City. Additional landscaping will be installed on the single family lots on Outlot D, Prestwick Place, that are adjacent to the Outlot C, Prestwick Place, to delineate the boundary of private property from the stormwater and infiltration basins on Outlot C, Prestwick Place. d. Setbacks from the Connemara Trail section that has only 85 feet of right- of-way will be measured as if the right -of -way is 100 feet wide. Fences or other residential accessory structures will not be allowed in this setback area. 4 e. Garages on single family houses on corner lots shall be located on the opposite side of the house from the public street. 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. 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 -2 -8 A. Single Family Attached Dwellings and Townhome Requirements and Standards: The townhouse buildings within Outlot G, Outlot L, and that part of Outlot M zoned R3 PUD, Prestwick Place, are permitted a maximum of 12 units per building. b. Section 11 -2 -18 G. Single Family Attached Dwelling Parking Requirements: The townhomes within that part of Outlot M zoned R3 PUD, Prestwick Place, are permitted to have a single stall garage provided that there is total off street parking provided for an average of 2.5 stalls per unit. c. Section 11 F. R Minimum Lot Requirements and Standards: The single family lots within Outlot D and Outlot E, Prestwick Place, are required have a minimum lot width of 72 feet, a font yard setback of 25 feet, a 5 foot garage side yard setback, a house side yard setback of 10 feet, a rear yard setback of 30 feet, and minimum lot size of 9,500 square feet, except that the lots of Block 1 and 2 are required to have a minimum lot width of 80 feet and both side yard setbacks are 10 feet. 5 d. Section 11 -4 -8 F. R -3 Minimum Lot Requirements and Standards: The townhouse buildings within Outlot G, Outlot L, and that part of Outlot M zoned R3 PUD, Prestwick Place, have a setback from the public street of 25 feet, a setback from property lines of 30 feet, a minimum building separation of 20 feet, and a minimum parking setback of 20 feet. e. Section 11 -4 -14 C -4 General Commercial District Requirements and Standards: The Arcon Commercial properties, Outlot I and Outlot J, Prestwick Place, are subject to conditions stated within Prestwick Place Commercial Area Guidelines revised September 7, 2007 (Attachment Sixteen). 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. This Declaration of Covenants and Restrictions provides only the Subject Property only master development plan planned unit development approval. Prior to the improvement or development of the Subject Property, beyond the improvement necessary for the City Park or the construction of Connemara Trail and/or Akron Avenue and associated infrastructure, a final development plan planned unit development approval pursuant to Zoning Code Section 11 -10 -6 C. 5. of the Subject Property is required and an addendum filed with County Recorder to this Declaration of Covenants and Restrictions. 6. 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. 6 IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. DECLARANT The Pe e d Company, Inc. By At./LA '41" aniel J. lost Its Presid; t STATE OF MINNESOTA ss. COUNTY OF O M The foregoing instrument was acknowledged before me this toil, day of ,o 2007, by Daniel J. Herbst the President and the for and on behalf of The Pemtom Land Company /?nfi• corporation by and on behalf of said c a n Notary Pub1i 1 MARGARE u MILLER 4 "le NOTARN "if-, a MINNESOTA Ma t: 00►4 SION EXP!Re AN 31.2010 0 7 DECLARANT Arcon Development, Inc. r By IP •1.... �i� r ean Scott Johns Its President STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 6 day of December by Dean Scott Johnson the President of Arcon Development, 4innesota corporation on behalf of the corporation. My Corru:-s!on Exp res J Notary Public 8 DECLARANT 1 J. .s P. Wiederhold �Z'���� Judi Wiederhold STATE OF MINNESOTA ss. COUNTY OF 7.enn fa j?) The foregoing instrument was acknowledged before me this /fly of •r> 2008, by John P. Wiederhold and Judith Wiederhold, husband and wife. DIANE �a M BLIC— MINNESOTA Notary Public SCHUMACH ,z i NOTARY PUBLIC— M Commission ExphMsJan.31,2013 9 DECLARANT gel Daily ary oui y df e G� STATE OF M1NN O FA ss. COUNTY OF lio,Se rVor) 0,4* x� The foregoing instrument was acknowledged before me this i day of '3 2001, g by John Daily and Mary Louise Daily, husband and wife. ASHLEY S NET Notary Pub c ASNIEY UNNETT 4' O) s i $1.1 10 DECLARANT alter Dziedzic 1 g °1/ e:-/;49 /6°." Patricia Dziedzic STATE OF MINNESOTA ss. COUNTY OF pi n� i o&..1 20( The foregoing instrument was acknowledged before me thus 6y by Walter Dziedzic and Patricia Dziedzic, husband and wife. DIANE M. SCHUMACHER Notary Public NOTARY PUBLIC MINNESOTA My Commission Expires ,Ian. 31,2013 1 1 DECLARANT 17� /`L` A Thomas L. McCarthy Notf ,i. Palle S tate of Na County of Clark JJJ'�" STATE OF 07-3271 May 17, 2011 J COUNTY OF jU ss. The foregoing instrument was acknowledged before me this day o +11,1/_, fqiCt. 2009, by Thomas L. McCarthy, a single person. 4Et eit.a4.4 AI. 4 o Publi III 12 DECLARANT la;/100 We Pa Richard McNary aJ Yn C thia McNary `J STATE OF MINNESOTA ss. COUNTY 04 -1..€ n ne The foregoing instrument was acknowledged before me this f `k gy o 2008, by Richard McNary and Cynthia McNary, husband and wife. 411 __.i v DIANE M. SCHUMACHER Notary Public NOTARY PUBUC MINNESOTA My Commission EX SS JIn. 81, 2013 THIS INSTRUMENT WAS DRAFTED BY: CITY OF ROSEMOUNT 2875 145 STREET WEST ROSEMOUNT, MN 55068 651- 423 -4411 13 0 ATTACHMENT ONE LEGAL DESCRIPTION Outlots B through D, Prestwick Place, Dakota County, Minnesota. 14 ATTACHMENT TWO LEGAL DESCRIPTION Outlots E through I, and Outlot P of Prestwick Place, Dakota County, Minnesota. 15 ATTACHMENT THREE LEGAL DESCRIPTION Outlots J through M, of Prestwick Place, Dakota County, Minnesota. 16 1 4b ur CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2007- 9 2 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT (PUD) MASTER DEVELOPMENT PLAN WITH REZONING FOR PRESTWICK PLACE WHEREAS, the Community Development Department of the City of Rosemount received an application from Arcon Development requesting a planned unit development (PUD) master development plan with rezoning concerning property legally described as: The South Half of the Northwest Quarter except the West 600 feet of the South 400 feet thereof, and the West Half of the Northeast Quarter of Section 27, Township 115 North, Range 19 West, Dakota County, Minnesota. And That part of the East Hall of the Southwest Quarter of Section 22, Township 115 North, Range 19 West, lying southerly of the southerly right of way line of the Chicago, Rock Island and Pacific Railroad, Dakota County, Minnesota. Torrens Property Cert #135831. The North Half of the Northwest Quarter of Section 27, Township 115 North, Range 19 West, excepting therefrom the following. Commencing at the northeast comer 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 and except the South 208.71 feet of the East 417.42 feet thereof. Torrens Property Cert #135831. That part of the West Half of the Southwest Quarter of Section 22, Township 115 North, Range 19 West, lying southerly of the southerly right of way line of the Chicago, Rock Island and Pacific Railroad, Dakota County, Minnesota. Abstract Property. WHEREAS, on July 24, 2007, August 28, 2007, and September 11, 2007, the Planning Commission of the City of Rosemount held a public hearing and reviewed the requested application; and WHEREAS, on September 11, 2007, the Planning Commission recommended approval of the requested applications, subject to conditions; and WHEREAS, on October 2, 2007, the City Council of the City of Rosemount reviewed the Planning Commission's recommendations. 1 RESOLUTION 2007 9 2 NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the planned unit development (PUD) master development plan of Prestwick Place and the Rezoning of the Arcon single family residential from AG Agricultural to R1 PUD Low Density Residential Planned Unit Development; the Lennar and Dakota County Community Development Agency townhouses from AG Agricultural to R3 PUD Medium Density Residential Planned Unit Development; the Dakota County Community Development Agency apartments from AG Agricultural to R4 PUD High Density Residential Planned Unit Development; and the Arcon commercial area from AG Agricultural to C4 PUD General Commercial Planned Unit Development, subject to: 1. R1 PUD lots have a minimum lot width of 72 feet, a front yard setback of 25 feet, a 5 foot garage side yard setback, a house side yard setback of 10 feet, a rear yard setback of 30 feet, and minimum lot size of 9,500 square feet, except that the lots of Block 1 and 2 are required to have a minimum lot width of 80 feet and both side yard setbacks are 10 feet. 2. R3 PUD neighborhoods have a setback from the public street of 25 feet, a setback from property lines of 30 feet, a minimum building separation of 20 feet, and a minimum parking setback of 20 feet. 3. The Dakota County Community Development Agency townhomes are permitted to have a single car garage. 4. R3 PUD buildings have a maximum of 12 units per building. 5. Garages on single family houses on corner lots shall be located on the opposite side of the house from the public street. 6. Setbacks from the Connemara Trail section that has only 85 feet of right -of -way will be measured as if the right is 100 feet wide. Fences or other residential accessory structures will not be allowed in this setback area. 7. Final landscape plans will need to be submitted with the final plat and construction plans. Modifications to the final landscaping plans may be required by the City Planner or City Engineer if any landscaping would interfere with street signage, infrastructure or other design issues. 8. The applicant shall apply for and receive final site plan and final development plan approval for the Dakota County Community Development Agency portion of the plat. Additional information regarding landscaping, stormwater imanagement, pedestrian access and architecture and other ordinance requirements must be submitted for City review and approval. The unit counts for the proposed Dakota County CDA development assumes that there is sufficient space to install the needed infrastructure while meeting all ordinance requirement not expressly waived within this approval. Failure to meet ordinance requirements may result in a reduction in the total number of units permitted to be constructed. 9. The applicant shall apply for and receive final site plan and final development plan approval for the Arcon commercial area (outlots G and J). Additional information regarding landscaping, stormwater management, pedestrian access and architecture and other ordinance requirements must be submitted for City review and approval. The development of the commercial areas is subject to conditions stated within Prestwick Place Commercial Area Guidelines dated September 7, 2007. 2 RESOLUTION 2007 9 2 4 10 10. The final construction plans for the Lennar townhouse playgrounds and picnic areas need to be reviewed and approved by City- staff to ensure that the structures and equipment installed meet industry standards and is adequately sized for the amount of residents in the neighborhood. 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Alittchimi sixteen y ?'Fr' "ST r j K� I t r S t I s v" .p,4,;;;::.1,47,..* '•Sw Pt 7 t ti ti r N l4 k Ss t r r x a r r J P .t yX r l r; 0 ,1 1 fy ri 6 4 C R :•y r i r i r s ‘,44 M” r t Y ly l 0 L J W O 7 y ,E �l �^t� sy, 1' T 4 r r r j u r r .,-...,:2 .1 ii f ti t t i ,j ..-r" "L —+uw 1 y y•5' r .4,.. ,,,,:..,...,6,,,..„: i, c. i i, 4 ry� 1 r ja y L :---T 'r '.tom I. alp s nL+. a 3 I i t 1 d ..,4,2 ,v.,•7 ;`1 ;t l 1••• p 1 hl A U f r t .1 o. d' ,l y :e� r t I t l t r�l tf 111 1 4 V' 1 1 I' v' t 1 r s l E n Iw .I r t f r c,-:, 1.. i k 7 t -,,-3 ...-',4,--,+n i ^'ar.v ...__.mss �x c�i O j 1 3 1„� j 1 I. mo t ,�1 r i l +z X17 7 t 't r 1 r Il 7 4 7 h. li ti, I AlitIMYY01 &Ve efl Prestwick Place Commercial Area Guidelines (Revised 09/07/2007) The City anticipates a commercial development of up to 260,000 square feet of retail or office space within the approximately 50 acres of land of the planned unit development (PUD) named Prestwick Place (Oudots G and)). To provide direction upon how the City desires this commercial area to develop, the following guidelines have been prepared. Commercial Businesses Allowed The following commercial uses are allowed within the Prestwick Place subject to a Planned Unit Development Final Development Plan and the specific area conditions listed below. 1. Child and Adult Daycare. 2. Communication Businesses. 3. Eating and Drinking Establishments; including coffee shops, bakeries, sandwich shops, fast food or the like. Restaurants with drive thru facilities are subject the C4 Condition Use Permit standards. 4. Essential Service Facilities. 5. Financial Institutions. 6. Hotels and Motels. 7. Personal Services; including barber and beauty shops, fitness centers, copying, postal service, tanning, shoe repair, photography, video rental or the like. 8. Professional services and offices; including architects and attorney offices, dental and medical clinics, financial services, insurance providers, real estate businesses and the like. 9. Public or governmental services. 10. Retail sales; including new automobile parts, general merchandise, books and stationery, clothing, drug, gifts and novelties, groceries, furniture and hardware, hobby, video sales, jewelry, and sporting good stores or the like. Automobile sales, new and used, are prohibited. 11. Automotive Repair, including tire and oil change establishments, subject to the C3 Conditional Use Standards and a limit of no more than four (4) inoperable vehicles awaiting repair or repaired vehicles waiting for pick up may be stored outdoors. 12. Nonservice Station Retail Facilities having gasoline pumps, subject to the C3 Conditional Use Permit standards. West Commercial Area (Outlot G) Minimum of one anchor facility which may consist of one of the following: 1. A single retail tenant with a minimum of 40,000 square feet. 2. A multiple tenant retail building with at least three businesses greater than 15,000 square feet each. 3. A bank or financial institution with a minimum of 30,000 square feet. 4. A medical clinic with a minimum of 30,000 square feet. 5. Multiple tenant retail establishments totaling a minimum of 50,000 square feet with a single anchor retail tenant having a minimum 18,000 square feet. 6. A hotel in which all individual rooms are accessed via interior hallways. No more than 3 lots smaller than 1.5 acres that are used by a single tenant. Lots or condominiums that are smaller than 1.5 acres but are within a single building with three or more tenants would not be counted towards this threshold. 1 A maximum of one auto orientated businesses (gas stations, oil change, tire shops or auto repair). New auto part sales businesses without repair or outdoor storage would not be counted towards this threshold. East Commercial Atea (Outlot, j) Minimura of one big box retailer with a minimum of 60,000 square feet, provided the following is meet 1. A general merchandise retailer is preferred, while a home improvement retailer or discount merchandise club retailer would be acceptable. 2. Other big box retailers would be .considered provided that the retailer mentioned above is already constructed within Outlot G or Outlot J. 3. The total outdoor storage area for a big box retailer shall not exceed 20,000 square feet. The outdoor storage area will be located to provide the least visual impact and presence from the County Road 42 and Akron Avenue frontages. Outdoor storage areas shall provide a minimum seventy -five percent (75 opacity screen to a height of six feet or the height of the material being stored outdoors, whichever is greater. No more than 4 lots smaller than 1.5 acres that are used by a single tenant. Lots or condominiums that are smaller than 1.5 acres but are within a single building with three or more tenants would not be counted towards this threshold. A maximum of two auto orientated businesses (gas stations, oil change, tire shops or auto repair), limited to only one service auto orientated business (oil change, tire shop or auto repair). New auto part sales businesses without repair or outdoor storage would not be counted towards this threshold. Interchange of Anchor Facility Requirements The anchor facility requirements may be exchanged between the east and west commercial areas. If a 60,000 square foot big box retailer is provided on the west commercial area, then the anchor facility requirement from the west commercial area would then apply to the east commercial area. The limit of 1.5 acre or smaller lots and auto orientated businesses are no interchangeable between the two commercial areas. Common Architectural Themes Each of the two commercial areas will adopt a common architectural theme throughout the development of each side. The east commercial area and west commercial area may have different architectural themes from each other. It is anticipated that the architectural theme will be established by the anchor facility on each side of the development. 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I 7— „Billti___ 1 7 y\ 7 ..giii•Atig- ..mill J t ;t 2, 111M'Z' 'moan P.191451M 4 a Er...-:.=•=. =-===.r....-= a-...... a,-.0 H 4 ROSEMO PUBLIC WORKS MEMORANDUM DATE: June 15, 2011 TO: Jason Lindahl, Planner 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 RE: Prestwick Place 3rd Addition Preliminary Plat Review SUBMITTAL: Prepared by Westwood Engineering, the Prestwick Place 3r Addition Preliminary Plans for Preliminary Plat Review, dated April 26, 2011 and revised June7, 2011. Engineering review comments were generated from the following documents included in the submittal: Preliminary Plans (7 pages) dated April 27, 2011 and revised June 7, 2011, comprised of Existing Conditions, Development Plan /Preliminary Plat, Utility Plan, Profiles, and Details. Preliminary Storm Water Runoff Calculations, dated April 27, 2011 and revised June 7, 2011. Construction Plans (6 pages) dated April 27, 2011 and revised June 7, 2011, comprised of Grading Drainage Erosion Control Plans, Profiles, and Details. Landscape Plan (3 pages) dated April 26, 2011 and revised June 7, 2011, comprised of Landscape Plans and Landscape Details. Prestwick Place 3r Addition Plat (3 pages), received June 7, 2011. Drainage Area Map, dated April 26, 2011. Geotechnical Report (2 reports), dated January 20, 2005 and July 16, 2007. Boring Locations Map dated July 16, 2007. GENERAL COMMENTS: 1. The developer has requested that the public improvements, fees, and costs for adjacent collector roadways be assessed to the benefiting properties within the Prestwick Place 3r Addition. Additionally, costs associated with Street 14 have been requested to be assessed to the both the Prestwick Place 3r Addition and Outlot I to the east. The approved and execution of a petition and waiver agreement will be required from each property owner prior to the award of a contract for public improvements. 2. The approval and execution of a subdivision agreement is required prior to the award of a contract for public improvements. 3. All work occurring within the Enterprise Pipeline easement shall be by agreement with the permit holder. 4. 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. 5. Storm sewer is proposed along the back lot lines of many properties to convey rear yard drainage. To ensure that access can be provided for storm sewer maintenance, drainage and utility easements shall restrict the installation of fences, sheds, and landscaping on the following properties: Block 1: Lot 1 Lot 5 Block 2: Lot 1 and Lot 13 Block 3: Lot 2 —11, Lot 17 Lot 18, and Lot 25 Lot 27 Block 4: Lot 1, Lot 14 15, and Lot 19 6. A street lighting plan shall be submitted to the City for review. STORMWATER MANAGEMENT PLAN RUNOFF CALCULATION COMMENTS: 7. It appears that the drainage along CSAH 42 near the intersection of Street 14 has not been accounted for in the stormwater calculations and proposed improvements. Additional stormwater runoff will be generated from the installation of the turn lane and acceleration lane and the grading plan shows the removal of the existing ditch. Stormwater calculations for this drainage area including the proposed acceleration lane, burm, and turning lane shall be submitted to the City for review. A ditch section, storm sewer, or culvert may be required to address this issue. EASEMENT COMMENTS: 8. The width of drainage and utility easements over all public utilities shall be verified during final design. 9. An additional drainage and utility easement shall be dedicated within Lot 10 and Lot 11, Block 4 to encompass the rear yard emergency overflow route. STREET 14 COMMENTS: 10. The construction of Street 14 shall be required with the first phase of the development. This shall include the construction of all utilities and roadway improvements required to serve adjacent properties. 11. Timing for improvements on County Road 42 at Street 14, including the addition of an acceleration lane, a turn lane, and median improvements will be determined by Dakota County. The stormwater calculations for these improvements shall be submitted to the City and the plan shall be revised to accommodate the stormwater drainage. 12. The current owner of Outlot H of the Prestwick Place Plat is US Home Corporation. This property shall be dedicated to the City for the construction of Street 14 prior to the award of a contract for public improvements. STORM SEWER COMMENTS: 13. The storm sewer line on Street 4 between the exception parcel in the southwest corner of the development and the intersection of Street 4 and Street 8 was originally requested by the City to provide the exception parcel access to the trunk storm sewer system. This connection may be eliminated as a future outlet from the exception parcel can be provided to the west. 14. The emergency overflow located within Lot 6, Block 3 does not provide adequate freeboard for Lot 4, Block 3 without overflow to the exception parcel. The emergency overflow elevation on Lot 6, Block 3 shall be revised to allow an adequate overflow to the east. LANDSCAPE PLAN COMMENTS: 15. Trees should not be planted within drainage and utility easements, over the proposed storm sewer, or within an access location. Below is a listing of trees to be relocated: Page 2 of the landscaping plan proposes that trees be located southeast of Lot 10, Lot 11, and Lot 19 of Block 4 and in the pond access. The planting shall not be placed over the storm sewer or in the pond access. Trees located on individual properties shall not be planted near the sanitary sewer and water service lines. These trees shall be positioned near the property lines. 16. The final grading plan shall include a native vegetative planting and maintenance plan for the pond, berm, and natural areas. PRIVATE UTILITY INFORMATION COMMENTS: 17. Pothole elevations shall be provided during final design at each Enterprise pipeline crossing to verify that the utility crossings can be constructed as proposed. Permits with Enterprise pipeline will be required for each pipeline crossing. 18. Additional information regarding the gas line easements shall be provided during final design (number of lines, sizes, pipe elevations). 19. Grading within the Enterprise pipeline easement is proposed on the plan. A permit shall be required between the developer and Enterprise Pipeline for all grading. DEVELOPMENT FEES: 20. 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 (County Road 73). The estimated improvement cost is $271.45/Acre. This cost has been calculated based on a cost share table within the Prestwick Place feasibility report with the linear foot cost adjusted from $221.36/Foot to $16.25 /Foot. The cost adjustment is due to the use of federal funds for the roadway improvements on Akron Avenue. 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 $221,946. It is anticipated that the developer will be responsible for the final project cost based on actual construction costs. Should you have any questions or comments regarding the items listed above, please contact me at 651- 322 -2015. 4 ROSEMOUNT PARKS AND RECREATION M E M O R A N D U M To: Kim Lindquist, Community Development Director Eric Zweber, Senior Planner Jason Lindahl, Planner Andy Brotzler, City Engineer Phil Olson, Project Engineer From: Dan Schultz, Parks and Recreation Director Date: June 15, 2011 Subject: Prestwick Place 3rd Addition Preliminary Plat The Parks and Recreation Department recently received the preliminary plat for the Prestwick Place 3rd Addition. After reviewing the plans, the Parks and Recreation Department staff has the following comments: TRAILS and SIDEWALKS The trail and sidewalk amenities appear to be designed in a manner that works toward the City's goal of having a well connected community. Staff is recommending enhancing the connections as follows: Adding a trail /sidewalk to the west side of street 9. Adding a sidewalk to the south side of street 8. Adding a trail between lots nine and ten on Block 3. PARKS DEDICATION The parks dedication requirement for 64 units is either 2.56 acres of land, a cash contribution of $217,600 or a combination of the two. Staff is recommending that the developer dedicate land to satisfy the parks dedication for the 3` Addition. There are 3.5 acres of Outlot B that have been identified as a public park. Staff is recommending that the City not give credit for the area that is part of the Met Council Pipeline Easement. The easement area in the park is .54 acres of land. Staff is recommending that the developer be given 2.96 acres of land dedication for the 3` addition. Because the park portion of Outlot B is larger than the current dedication requirements for the 64 units in the 3` addition, the Prestwick Place Preliminary Plat will have a parks dedication credit of .40 acres that will be applied at a later date. Please let know if you have any questions about this memo.