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9.a. Request by D.R. Horton for the approval of the Prestwick Place 2nd Addition Preliminary Plat, Planned Unit Development Master Development Plan, Rezoning, and Comprehensive Plan Amendment, Case 10-14-PP; 10-15-PUD; 10-16-RZ; 10-17-CP
77' POSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Cou icil Meeting Date: June 15, 2010 AGENDA ITEM: Case 10- 14 -PP; 10 -15 -PUD; 10- 16 -RZ; 10- 17-CP Request by D.R. Horton for the approval of the Prestwick Place 2nd AGENDA SECTION: Addition Preliminary Plat, Planned Unit New Business Development Master Development Plan, Rezoning, and Comprehensive Plan Amendment PREPAI ;ED BY: Eric Zweber, Senior Planner AGE,ro NO. ATTACI- IMENTS: Ordinance, Resolutions, PUD Agreement, APPROVED BY: Site Plan, Existing Conditions, Development Plan, Preliminary Plat, Phasing Plan, Grading Plans, Utility Plan, Landscape Plans, Centerline Profiles, Details, Example Home Designs, Prestwick Place Concept Plan, Scenario1 of the CSAH 42 /Akron AUAR, 2030 Comprehensive Plan Map, Excerpt of the may 25 Planning Commission Meeting Minutes, City Engineer's Memorandum dated June 9, Parks and Recreation Director's Memorandum dated May 19, Fire Marshall's Memorandum dated May 20, Dakota County Plat Commission Memorandum dated May 14, Dakota County Comprehensive Plan Comments dated June 4. RECOMMENDED ACTION: RECOMMENDED ACTION: Motion to adopt a Resoluti in approving the Preliminary Plat for Prestwick Place 2nd Addition. Motion is adopt a Resolution approving the Planned Unit Development (PUD) Master Develop nent Plan with Rezoning for Prestwick Place 2nd Addition. Motion - ,) adopt an Ordinance B -207, an Ordinance amending Ordinance B City of Rosemc ant Zoning Ordinance for Prestwick Place 2nd Addition. Motion -o adopt a Resolution authorizing the Summary Publication of Ordinance B- 207, an ordinance amending Ordinance B City of Rosemount Zoning Ordinance for Prestwick Place 2nd Addition. Motion 1.) adopt a Resolution approving the amendment to the Comprehensive Plan for Presi i,vick Place 2nd Addition. Motion io approve the Planned Unit Development agreement for Prestwick Place 2nd Addition and authorize the Mayor and City Clerk to enter into the Agreement. ISSUE D.R. Horton has submitted applications for approval of a Preliminary Plat, Planned Unit Development Master Development Plan, Rezoning and Comprehensive Plan Amendment for approximately 45 acres located directly west of Akron Avenue (County Road 73) and north of County Road 42. The development will allow 142 single family homes with a minimum of 56 foot wide lots on 44.38 acres. MAY 25 PLANNING COMMISSION MEETING The Planning Commission conducted a public hearing regarding this application during their May 25 meeting. At that meeting, no resident spoke. The Planning Commission had a number of questions regarding infrastructure, surrounding development, and timing of the plat and future development. The property owner, Scott Johnson, President of Arcon Development, had five concerns that he raised: the 40% lot coverage for the lots; the well site proposed to be located north of the subdivision; the brick wainscoting requirement for the home designs; the recommended joint driveways for homes on the cul -de -sac; and the second sidewalk on Street F. The Planning Commission recommended the 40% lot coverage standard on lots smaller than 9,000 square feet and that the lots larger than 9,000 square feet remain at the staff recommended 35 %. Staff stated that they are supportive of a well location to the north provided that it met the requirements stated in Engineer's Memorandum. Staff and the Planning Commission stated that they are not supportive of removing the brick wainscoting provision. Staff stated that they would be supportive of individual driveways for the lots on the cul -de -sac provided that they are limited to no wider than 17 feet wide at the curb and property line to provide no more than 50% of the curb line being occupied by driveways. The Planning Commission recommended removing the Parks and Recreation Director's Memorandum request for a second sidewalk on Street F because of the number of driveways it would need to cross and the additional impervious surface. With the changes addressed above, the Planning Commission recommended that the City Council approve Prestwick Place 2nd Addition. SUMMARY D.R. Horton has submitted applications for approval of a Prestwick Place 2nd Addition Preliminary Plat, Planned Unit Development Master Development Plan, Rezoning and Comprehensive Plan Amendment for approximately 45 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. The development anticipates 142 single family homes with a minimum of 56 foot wide lots on 44.38 acres. The land to the south and the east had previously been preliminarily platted with the original Prestwick Place subdivision. 2 Surrounding Land Uses North - Agriculture and the Union Pacific rail line West - Agriculture and the Bloomfield single family housing South - Preliminarily platted and future commercial, townhomes, and City Park East - Preliminarily platted and future apartments and townhomes D.R. Horton is proposing a 142 lot subdivision on approximately 45 acres triangular in shape located northwest of the future intersection of Connemara Trail and Akron Avenue. 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 in three phases of 42 lots, 45 lots, and 52 lots respectively. The first phase is anticipated to be grading and have utility installation in the fall of 2010 with streets paved and sidewalks constructed next spring. D.R. Horton is hoping that the weather will cooperate to construct enough infrastructure this year to allow the granting of model home permits to be built over the winter. The preliminary 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 the other access is located across from the future City Park about one quarter mile west of the first access onto Connemara. Akron Avenue is currently being constructed but it is unclear when Connemara Trail will be extended. The City Council is considering construction of Connemara Trail as early as next year using municipal state aid (MSA) funds and being paid back through private assessments as development occurs. Background Owner: Arcon Development, current owner; D.R. Horton, Inc., future owner Residential Developers: D.R. Horton, Inc. Total Acres: 44.38 Acres Current Comprehensive Plan Designations: MDR: Medium Density Residential (about 20 acres) HDR: High Density Residential (about 25 acres) Current Comprehensive Plan Designations: LDR: Low Density Residential Current Zoning: AG: Agriculture Proposed Zoning: R -1 PUD: Low Density Residential Planned Unit Development Residential Density Single Family Housing DR Horton is proposing 142 lots that will have a minimum width of 56 feet and side yards setbacks that total 15 feet. These dimensions would result in building pads 41 feet in width. DR Horton has provided five house designs that can be constructed on these lots and are currently being built in DR Horton subdivisions in Dundas and Shakopee. All five house designs are approximately 30 feet wide with a double car garage and a two story design. All five designs include an alternative that would add 3 Additional Akron Units Gross Acre Avenue Right -of- Stormwater Net Units per Acre, Ponding Acres ova Prestwick Place 2nd 142 44.38 0.41 2.53 41.44 3.43 Single Family Housing DR Horton is proposing 142 lots that will have a minimum width of 56 feet and side yards setbacks that total 15 feet. These dimensions would result in building pads 41 feet in width. DR Horton has provided five house designs that can be constructed on these lots and are currently being built in DR Horton subdivisions in Dundas and Shakopee. All five house designs are approximately 30 feet wide with a double car garage and a two story design. All five designs include an alternative that would add 3 a third garage stall beside the house and still fit onto the 41 foot wide building pad. The home elevations show two front elevations, one with a 3.5 foot tall wainscoting of brick or stone and one elevation without. Staff and the Planning Commission are recommending the house designs with the front elevation alternative that includes the 3.5 foot brick or stone wainscoting. 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 is a reasonable expectation. The houses located in the Bloomfield neighborhood to the west have a similar wainscoting on their front elevations. The house designs provide a minimum of 1,600 square feet of finished living space that includes the kitchen, dining, living, and powder room on the first floor with a minimum of three bedrooms and two bathrooms upstairs. The basements are typically unfinished at initial construction but can be finished by the homeowner to provide additional bedrooms or living space. Street System The proposed plat depicts the construction of six streets, labeled Street A through Street F, to serve the 142 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. Staff had recommended that a second sidewalk be installed on east side of Street F because it is anticipated that this street will have a higher than normal level of pedestrian and automobile traffic. Higher traffic is anticipated because of the future residential development to the north and the future commercial property to the south. Street F will function similar to a residential collector road providing internal neighborhood trips without having to access Connemara Trail or Akron Avenue. Over the last several years the City has worked on a variety of plans for pedestrian and bike access. As the Council is aware, retrofitting sidewalks is difficult at best and disruptive to adjoining residents. Given the anticipated pedestrian traffic and the vehicular traffic access the neighborhood, staff continues to recommend approval of the second sidewalk. The Planning Commission had removed that condition from their recommendation to the Council. If the Council believes the Street F should have a second sidewalk, the draft resolution should be amended to add that as a condition. 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 Lots 1 and 16, Block 1 respectively. Staff recommends that the full right -of -way be dedicated with the final plats but that the road construction 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. 4 R -1 Low Density Residential Zoning Proposed 56 -foot Wide Lots Minimum Lot Width 80 Feet 56 Feet Minimum Lot Size 10,000 Square Feet 7,400 Square Feet Minimum Front Yard Setbact 30 Feet 25 Feet Minimum Side Yard Setback 10 Feet 7.5 Feet Maximum Lot Coverage 30% 40% for lots 9,000 square feet or less; 35% for lots greater than 9,000 square feet. Street System The proposed plat depicts the construction of six streets, labeled Street A through Street F, to serve the 142 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. Staff had recommended that a second sidewalk be installed on east side of Street F because it is anticipated that this street will have a higher than normal level of pedestrian and automobile traffic. Higher traffic is anticipated because of the future residential development to the north and the future commercial property to the south. Street F will function similar to a residential collector road providing internal neighborhood trips without having to access Connemara Trail or Akron Avenue. Over the last several years the City has worked on a variety of plans for pedestrian and bike access. As the Council is aware, retrofitting sidewalks is difficult at best and disruptive to adjoining residents. Given the anticipated pedestrian traffic and the vehicular traffic access the neighborhood, staff continues to recommend approval of the second sidewalk. The Planning Commission had removed that condition from their recommendation to the Council. If the Council believes the Street F should have a second sidewalk, the draft resolution should be amended to add that as a condition. 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 Lots 1 and 16, Block 1 respectively. Staff recommends that the full right -of -way be dedicated with the final plats but that the road construction 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. 4 The City has a code requirement that single family home driveways do not exceed 22 feet in width at the curb line and at the property line. With 56 foot wide lots, more driveways per foot of curb line would be constructed along a street. The 32 foot wide street design allows parking on both sides of the street and staff is supportive of the driveway standard in the code except for along the cul -de -sac at the end of Street E. The cul -de -sac bulb has seven lot frontages which would allow for 144 feet (7 lots times 22 feet) of driveways on about 245 feet of curb line resulting in more driveway cuts than curbing. This amount of driveways would create issues for street parking, snow storage, curb stops, and utility corridors. To resolve this issue, staff and the Planning Commission recommended limiting the width of the driveways accessing the cul -de -sac bulb (Lots 33 through 39, Block 5) be limited to no more than 17 feet in width at the curbline and the property line. These 17 feet wide driveway curbcuts would result in a maximum of 119 feet (17 feet times 7 lots) of driveways onto the 245 feet of curb line which is close to the proportion of driveways expected on the other streets within the subdivision. The applicant is supportive of this recommendation. Phasing The first phase will be constructed in the middle of the subdivision using the access onto Akron Avenue. Part of the reason for this first phase design is because the utility stubs are currently installed at Akron Avenue and the property slopes to the southwest towards Connemara Trail. The first phase would allow construction of the stormwater treatment for the entire preliminary plat to the north side of Connemara Trail. Connemara Trail would not need to be constructed to serve Phase 1 of this development, but the design of Phases 2 and 3 would prompt construction of Connemara Trail for access and utility issues. Rezoning The 56 -foot wide single family lots are requested to be rezoned R1 PUD - Low Density Residential Planned Unit Development. The land is currently zoned AG: Agriculture. The use of a planned unit development zoning would allow the City to grant the deviations from the standard R1 zoning district to provide for the minimum 56 foot wide lots, the 25 foot front yard setbacks, the 7.5 foot side yard setbacks, the 7,400 square foot minimum lot size, the 40% lot coverage for lots 9,000 square feet and under and the 35% lot coverage for lots larger than 9,000 square feet standards. With the concept plan showing this as a higher density development area, a small lot subdivision (which is what the current market can bear) is consistent with a higher density style development pattern. Comprehensive Plan Amendment 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 north and south of Bonaire Path, including the Prestwick Place neighborhood. Scenario 1 of the AUAR (the map of Scenario 1 is attached to this report) shows commercial development north of the intersection of Akron Avenue and County Road 42, high density residential north of commercial on both sides of Akron Avenue, medium density residential surrounds the high density residential, and then low density residential serving as a buffer between the Bloomfield neighborhood and the higher density residential along Akron Avenue. 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 5 2030 Comprehensive Plan. This modification shows that the land uses depicted in Scenario 1 of the AUAR are meant as a generalized land use boundary with the rough portion of each different land use than a hard and fast land use boundary. The final land use boundaries for development are affected by the housing market at the time of development and the infrastructure available to support the development. Staff has been told that the current housing market has many available, vacant townhouse lots while the single family lot inventory in Dakota County, and specifically Rosemount, is low. Last year, municipal sewer and water were installed in Akron Avenue and this year Akron Avenue is being paved and constructed as needed to support the development of Scenario 1. For these reasons, residential development is attracted to this area. However, the residential demand is for single family housing, not additional townhouses or apartments. Recognizing that the concept plan was "pre- recession ", staff is supportive of changing the designation of the 45 acres northwest of Connemara Trail and Akron Avenue to the Low Density Residential land use to allow the development of the proposed 142 single family lots with a minimum width 56 feet. Staff has considered how to make up for the density lost by this Comprehensive Plan Amendment. The owner of the triangular property to the northeast which is bounded by Akron Avenue, Bonaire Path, and the Union Pacific rail line has shown that the parcel would be difficult to develop as a single family homes currently depicted in the Comprehensive Plan. The narrowness of the lot and the access spacing from the rail line and the intersection of Akron Avenue and Bonaire Path minimize the development of single family lots but the site could be developed as a multi - family building, whether an apartment, condominium, or senior housing, fairly efficiently. That type of development would require a High Density Residential land use designation and would make up for the density lost due to the Prestwick Place 2nd amendment. Additionally, the land owner west of Akron Avenue and north of the Union Pacific line has requested a Medium Density Residential designation. This request may be suitable because of the townhomes located in Meadows of Bloomfield neighborhood to the west and to accommodate the Medium Density Residential lost with this amendment. Staff believes that the Prestwick Place 2nd Comprehensive Plan Amendment to Low Density Residential can be granted and the other developments within the CSAH 42 /Akron Avenue AUAR can still provide the land use mix shown in Scenario 1. Further, the AUAR, concept plan and Comprehensive Plan were all approved and designated under a different market. As the economy improves, the market, and consumer preferences may change again. Staff's goal is to maintain an overall density of 3.74 units per acre although the specific densities in any one neighborhood of the Akron Avenue development area might be modified from the initial designs. Staff has provided the Comprehensive Plan request to the neighboring communities for comment as required by the Metropolitan (Met) Council. To date, the City has received responses from Inver Grove Heights and Cottage Grove stating that they have no comments and a response from Dakota County stating that the Akron Avenue (County Road 73) corridor is important due to the potential UMore Development and that their environmental concerns within '/2 mile of the subdivision but none located within the subdivision aside from the pipeline. The complete Dakota County response is attached to this executive summary and the Akron Avenue corridor is addressed separately in the Dakota County Plat Commission discussion below. D Staff has discussed the Comprehensive Plan Amendment with Met Council staff. The Met Council staff stated that they can support the amendment request due to our ability to provide additional residential density in the adjacent developments and our Downtown, our history of platting at density above the Met Council minimums, and our excess affordable housing planned in our existing Comprehensive Plan. It appears that the Met Council may be able to conduct their formal action at their first meeting in August. Parks and Recreation No parkland is anticipated to be dedicated with the Prestwick Place 2 "d 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 "d subdivision. D.R. Horton is expected to pay a fee -in -lieu of the 5.68 acres of parkland that would be required to be dedicated per City Code. The cost of that fee -in- lieu is currently undetermined. While the current fee is based on a land value of $85,000 /acre, the Parks and Recreation Commission is current reevaluating the land value base due to the downturn in the economy. The fee -in -lieu paid by D.R. Horton will be based on the results of this reevaluation and ultimately City Council adoption of the fee schedule. 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. Some improvements are requested to this sidewalk system and are provided in greater detail within the Park and Recreation Director's Memorandum provided as an attachment to this report. The improvements include additional pedestrian ramps to completely connect the sidewalk network and the addition of a second sidewalk onto east side of Street F, which has been removed from the Planning Commission's recommendation. Street F is anticipated to be one of the busiest local streets as it will connect the future development to the north with the development south of Connemara Trail including the commercial property and the City Park. 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. 7 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 applicant is not proposing to use 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 Lots 1 through 13 and Lots 35 through 37, 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 oudots 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 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 are proposed to this exception property from Street F through Oudot A. This exception property should be able to redevelop on its own with these connections. There are three other exception parcels located as parts of Lots 12 through 18, Block 6. These three exception parcels were acquired by the City for right -of -way for Akron Avenue and for a possible future City well location. The City is willing to sell this land for DR Horton to develop if a location for a future well can be secured from Arcon Development. 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 watertower site just north of Fire Station #2. Arcon Development has agreed to provide a well site on the property north of this subdivision that would meet the well siting criteria. The developer will need to negotiate a purchase agreement with the City Council that addresses all these issues and allows the purchase of the three exception parcels during the final platting of property that includes these exception properties. Because the City owned land will be part of the final plat, contained within an oudot, the City will need to sign off on the Plat. Public Improvements, Possible Assessments, and the Connemara Trail Extension The current economy has made commercial leading for private developers more difficult and has resulted in their desire to construct smaller phases with the least infrastructure possible. To help this lending situation, the developer has requested that the City Council consider funding the infrastructure 0 for the subdivision through a 429 process and assess the cost to the individual lots. This form of financing development was common in the 1990's and earlier but was not common when financing was easy to obtain in the 2000's. Rosemount has previously funded developments through a 429 process and the Council has stated its willingness to consider it for this subdivision. To limit the infrastructure costs, the developer would like to delay the construction of Connemara Trail as long as possible and when it is constructed, to construct it in as many phases as possible. The City Council has made the extension of Connemara Trail from the Bloomfield neighborhood to Akron Avenue as a priority. 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, the Council is considering 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. These issues do not need to be addressed by the City Council at this time but staff wished to provide this information as a context to the overall development of the Prestwick Place neighborhood. Dakota County Plat Commission With the design of Akron Avenue, the City and the County acquired 110 feet right -of -way to construct the three lane street design with turn lanes, medians, and trails. During platting, all subdivisions along County Roads must be reviewed and approved by the Dakota County Plat Commission. During their review of the Prestwick Place 2nd Addition, Dakota County staff was concerned about the intensity of future development, particularly on the UMore property to the south The Dakota County staff requested an additional 20 feet of right -of -way in anticipation of a future four lane road design needing a total of 150 feet of right -of -way. Akcon Development and DR Horton responded with a proposal to dedicate an additional 20 feet of right -of -way on the northern five and the southern four of the lots abutting Akron Avenue, but only dedicating 10 feet of right -of -way in the middle nine lots abutting Akron. The Dakota County Plat Commission has accepted that proposal. The applicant has revised their plans to comply with the conditions of Plat Commission approval. The granting of the additional right -of -way does not result in creation of any lots that do not meet the proposed dimensional standards. The applicant has revised the grading and landscaping plans to ensure that the landscaped berms are maintained and located on the individual lots. Additional Public Works, Parks and Recreation, and Fire Marshall Comments The City Engineer, Parks and Recreation Director, and Fire Marshall have prepared memorandums of comments regarding the preliminary 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 memorandums provide greater detail for the developer and the developer's engineer. RECOMP'IENDATION Staff recommends that the City Council approve the Ordinance rezoning the property, approve the Resolutions approving the preliminary plat, planned unit development master development plan, the summary rezoning ordinance for publication, and comprehensive plan amendment for the Prestwick Place 2nd Addition, and approve the planned unit development agreement and authorize the Mayor and City Clerk to enter into the agreement. All resolutions reflect the recommendation of the Planning Commission. If there are changes the Council desires, such as the second sidewalk along Street F, the submitted resolutions should be modified. Ei City of Rosemount Ordinance No. B -207 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE preStn4Ck Place 2 d 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 AG — Agricultural to R -1 PUD — Low Density Residential Planned Unit Development that is located north of the future Connemara Trail and west of Akron Avenue within the City of Rosemount legally described as follows: That part of the North Half of the Northwest Quarter of Section 27, Township 115 North, Range 19 West, Dakota County, Minnesota, described as follows: Commencing at the northeast 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 said quarter section line; thence North, along the quarter section line, a distance of 417.42 feet to the point of beginning. TOGETHER WITH That part of Outlot A, PRESTWICK PLACE, according to the recorded plat thereof said Dakota County, Minnesota, described as follows: Commencing at the northeasterly corner of said Outlot A; thence South 00 degrees 05 minutes 05 seconds West, along the east line of said Outlot A, a distance of 1,475.76 feet to the point of beginning; thence continue South 00 degrees 05 minutes 05 seconds West along said east line, a distance of 116.51 feet; thence South 00 degrees 27 minutes 45 seconds West, along said east line, a distance of 627.69 feet; thence North 89 degrees 32 minutes 15 seconds West, a distance of 153.71 feet; thence South 00 degrees 27 minutes 45 seconds West, a distance of 417.42 feet; thence South 89 degrees 32 minutes 15 seconds East, a distance of 153.71 feet to said east line of Outlot A; thence South 00 degrees 27 minutes 45 seconds West, along said east line of Outlot A, a distance of 69.50 feet to the southerly line of said Outlot A; thence North 89 degrees 30 minutes 15 seconds West, along said southerly line, a distance of 362.42 feet; thence South 00 degrees 27 minutes 45 seconds West, along said southerly line, a distance of 208.71 feet; thence North 89 degrees 30 minutes 15 seconds West, along said southerly line, a distance of 287.11 feet; thence northwesterly along a tangential curve and along said southerly line, concave to the northeast having a central angle of 45 degrees 30 minutes 58 seconds and a radius of 630.00 feet for an arc distance of 500.48 feet; thence North 43 degrees 59 minutes 18 seconds West, tangent to said curve and along said southerly line, a distance of 361.47 feet; thence northwesterly along a tangential curve and along said southerly line, concave to the southwest having a central angle of 36 degrees 33 minutes 33 seconds and a radius of 742.50 feet for an arc distance of 473.77 feet; thence North 09 degrees 27 minutes 10 seconds East, not tangent to said curve, a distance of 10.00 feet; thence North 23 degrees 47 minutes 00 seconds East, a distance of 114.64 feet; thence North 32 degrees 03 minutes 11 seconds East, a distance of 91.06 feet; thence North 41 degrees 25 minutes 16 seconds East, a distance of 131.03 feet; thence North 50 degrees 01 minutes 03 seconds East, a distance of 72.78 feet; thence North 56 degrees 09 minutes 10 seconds East, a distance of 72.78 feet; thence North 61 degrees 29 minutes 16 seconds East, a distance of 66.41 feet; thence North 62 degrees 22 minutes 45 seconds East, a distance of 136.00 feet; thence North 27 degrees 40 minutes 31 seconds West, a distance of 205.12 feet; thence North 62 degrees 19 minutes 29 seconds East, a distance of 60.00 feet; thence North 63 degrees 09 minutes 07 seconds East, a distance of 77.89 feet; thence North 67 degrees 07 minutes 18 seconds East, a distance of 63.41 feet; thence North 71 degrees 03 minutes 31 seconds East, a distance of 63.41 feet; thence North 74 degrees 59 minutes 44 seconds East, a distance of 63.41 feet; thence North 78 degrees 55 minutes 57 seconds East, a distance of 63.41 feet; thence North 82 degrees 52 minutes 09 seconds East, a distance of 63.41 feet; thence North 86 degrees 48 minutes 22 seconds East, a distance of 63.41 feet; thence North 88 degrees 19 minutes 43 seconds East, a distance of 53.58 feet; thence North 83 degrees 14 minutes 30 seconds East, a distance of 50.88 feet; thence North 79 degrees 53 minutes 36 seconds East, a distance of 417.07 feet; thence North 84 degrees 23 minutes 35 seconds East, a distance of 60.00 feet; thence South 05 degrees 36 minutes 25 seconds East, a distance of 131.41 feet; thence easterly along a non - tangential curve, concave to the south having a central angle of 06 degrees 51 minutes 55 seconds and a radius of 1,305.00 feet, for an arc distance of 156.37 feet, the chord of said curve bears North 87 degrees 01 minutes 06 seconds East; thence South 89 degrees 32 minutes 57 seconds East, tangent to said curve, a distance of 154.79 feet to said east line of Outlot A and the point of beginning. 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 15th day of June, 2010. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of , 2010. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA -*91011- 61 WITII E A RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. B -207, AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE FOR PRESTWICK PLACE 2 "D ADDITION WHEREAS, the Planning Commission of the City of Rosemount recommended City Council approval of rezoning property in Prestwick Place 2nd Addition after holding a public hearing on May 25, 2010; and WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. B -207, an ordinance amending Ordinance B City of Rosemount Zoning Ordinance for Prestwick Place 2nd Addition on June 15, 2010; and WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinance. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the City Clerk shall cause the following summary of Ordinance No. B -207 to be published in the official newspaper in lieu of the entire ordinance: Public Notice During their June 15, 2010, meeting, the City Council of the City of Rosemount adopted Ordinance No. B -207. The ordinance amends Ordinance B City of Rosemount Zoning Ordinance for Prestwick Place 2nd Addition. In summary, the new ordinance property located north of future Connemara Trail and west of Akron Avenue is rezoned from AG — Agricultural to R1 PUD — Low Density Residential Planned Unit Development. The ordinance sets forth the legal descriptions of each individual parcel being rezoned. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No. B -207 shall be kept in the City Clerk's office at City Hall for public inspection and a full copy of the ordinance be posted in the lobby of City Hall for 30 days after adoption. ADOPTED this 15th day of June, 2010, by the City Council of the City of Rosemount. William H. Droste, Mayor AT PEST: Amy Domeier, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2010 - A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT (PUD) MjhSTER DEVELOPMENT PLAN WITH REZONING FOR PRESTWICK PLACE 2ND ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from D.R. Horton requesting a planned unit development (PUD) master development plan with rezoning concerning property legally described as: That part of the North Half of the Northwest Quarter of Section 27, Township 115 North, Range 19 West, Dakota County, Minnesota, described as follows: Commencing at the northeast 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 said quarter section line; thence North, along the quarter section line, a distance of 417.42 feet to the point of beginning. TOGETHER WITH That part of Oudot A, PRESTWICK PLACE, according to the recorded plat thereof said Dakota County, Minnesota, described as follows: Commencing at the northeasterly corner of said Oudot A; thence South 00 degrees 05 minutes 05 seconds West, along the east line of said Oudot A, a distance of 1,475.76 feet to the point of beginning; thence continue South 00 degrees 05 minutes 05 seconds West along said east line, a distance of 116.51 feet; thence South 00 degrees 27 minutes 45 seconds West, along said east line, a distance of 627.69 feet; thence North 89 degrees 32 minutes 15 seconds West, a distance of 153.71 feet; thence South 00 degrees 27 minutes 45 seconds West, a distance of 417.42 feet; thence South 89 degrees 32 minutes 15 seconds East, a distance of 153.71 feet to said east line of Outlot A; thence South 00 degrees 27 minutes 45 seconds West, along said east line of Outlot A, a distance of 69.50 feet to the southerly line of said Oudot A; thence North 89 degrees 30 minutes 15 seconds West, along said southerly line, a distance of 362.42 feet; thence South 00 degrees 27 minutes 45 seconds West, along said southerly line, a distance of 208.71 feet; thence North 89 degrees 30 minutes 15 seconds West, along said southerly line, a distance of 287.11 feet; thence northwesterly along a tangential curve and along said southerly line, concave to the northeast having a central angle of 45 degrees 30 minutes 58 seconds and a radius of 630.00 feet for an arc distance of 500.48 feet; thence North 43 degrees 59 minutes 18 seconds West, tangent to said curve and along said southerly line, a distance of 361.47 feet; thence northwesterly along a tangential curve and along said southerly line, concave to the southwest having a central angle of 36 degrees 33 minutes 33 seconds and a radius of 742.50 feet for an arc distance of 473.77 feet; thence North 09 degrees 27 minutes 10 seconds East, not tangent to said curve, a distance of 10.00 feet; thence North 23 degrees 47 minutes 00 seconds East, a distance of 114.64 feet; thence North 32 degrees 03 minutes 11 seconds East, a distance of 91.06 feet; thence North 41 degrees 25 minutes 16 seconds East, a distance of 131.03 feet; thence North 50 degrees 01 minutes 03 seconds East, a distance of 72.78 feet; thence North 56 RESOLUTION 2010- degrees 09 minutes 10 seconds East, a distance of 72.78 feet; thence North 61 degrees 29 minutes 16 seconds East, a distance of 66.41 feet; thence North 62 degrees 22 minutes 45 seconds East, a distance of 136.00 feet; thence North 27 degrees 40 minutes 31 seconds West, a distance of 205.12 feet; thence North 62 degrees 19 minutes 29 seconds East, a distance of 60.00 feet; thence North 63 degrees 09 minutes 07 seconds East, a distance of 77.89 feet; thence North 67 degrees 07 minutes 18 seconds East, a distance of 63.41 feet; thence North 71 degrees 03 minutes 31 seconds East, a distance of 63.41 feet; thence North 74 degrees 59 minutes 44 seconds East, a distance of 63.41 feet; thence North 78 degrees 55 minutes 57 seconds East, a distance of 63.41 feet; thence North 82 degrees 52 minutes 09 seconds East, a distance of 63.41 feet; thence North 86 degrees 48 minutes 22 seconds East, a distance of 63.41 feet; thence North 88 degrees 19 minutes 43 seconds East, a distance of 53.58 feet; thence North 83 degrees 14 minutes 30 seconds East, a distance of 50.88 feet; thence North 79 degrees 53 minutes 36 seconds East, a distance of 417.07 feet; thence North 84 degrees 23 minutes 35 seconds East, a distance of 60.00 feet; thence South 05 degrees 36 minutes 25 seconds East, a distance of 131.41 feet; thence easterly along a non - tangential curve, concave to the south having a central angle of 06 degrees 51 minutes 55 seconds and a radius of 1,305.00 feet, for an arc distance of 156.37 feet, the chord of said curve bears North 87 degrees 01 minutes 06 seconds East; thence South 89 degrees 32 minutes 57 seconds East, tangent to said curve, a distance of 154.79 feet to said east line of Outlot A and the point of beginning. WHEREAS, on May 25, 2010, the Planning Commission of the City of Rosemount held a public hearing and reviewed the requested application; and WHEREAS, on May 25, 2010, the Planning Commission recommended approval of the requested applications, subject to conditions; and WHEREAS, on June 15, 2010, 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) master development plan of Prestwick Place 2nd Addition and the Rezoning from AG — Agricultural to R1 PUD — Low Density Residential Planned Unit Development, subject to: 1. Deviations from the R -1 zoning district are granted to allow a 56 foot minimum lot width, 25 foot front yard setbacks, 7.5 foot side yard setbacks, a 7,400 square foot minimum lot size, 35% lot coverage for lots over 9,000 square feet, and 40% lot coverage for lots 9,000 square feet and under. 2. The alternative front elevation design including approximately three and a half (3.5) feet of brick or stone wainscoting is required. 3. Driveway widths for Lots 33 through 39, Block 5 shall be limited to a maximum width of 17 feet at the property line and curb line. 4. 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. 5. Approval of the Comprehensive Plan Amendment by the Metropolitan Council. RESOLUTION 2010- ADC)PTED this 15,h day of June, 2010, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2010 - A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR PRESTWICK PLACE 2 "D ADDITION WHEREAS, the City of Rosemount received a request for Preliminary Plat approval from D.R. Horton concerning property legally described as: That part of the North Half of the Northwest Quarter of Section 27, Township 115 North, Range 19 West, Dakota County, Minnesota, described as follows: Commencing at the northeast 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 said quarter section line; thence North, along the quarter section line, a distance of 417.42 feet to the point of beginning. TOGETHER WITH That part of Outlot A, PRESTWICK PLACE, according to the recorded plat thereof said Dakota County, Minnesota, described as follows: Commencing at the northeasterly corner of said Oudot A; thence South 00 degrees 05 minutes 05 seconds West, along the east line of said Outlot A, a distance of 1,475.76 feet to the point of beginning; thence continue South 00 degrees 05 minutes 05 seconds West along said east line, a distance of 116.51 feet; thence South 00 degrees 27 minutes 45 seconds West, along said east line, a distance of 627.69 feet; thence North 89 degrees 32 minutes 15 seconds West, a distance of 153.71 feet; thence South 00 degrees 27 minutes 45 seconds West, a distance of 417.42 feet; thence South 89 degrees 32 minutes 15 seconds East, a distance of 153.71 feet to said east line of Outlot A; thence South 00 degrees 27 minutes 45 seconds West, along said east line of Outlot A, a distance of 69.50 feet to the southerly line of said Outlot A; thence North 89 degrees 30 minutes 15 seconds West, along said southerly line, a distance of 362.42 feet; thence South 00 degrees 27 minutes 45 seconds West, along said southerly line, a distance of 208.71 feet; thence North 89 degrees 30 minutes 15 seconds West, along said southerly line, a distance of 287.11 feet; thence northwesterly along a tangential curve and along said southerly line, concave to the northeast having a central angle of 45 degrees 30 minutes 58 seconds and a radius of 630.00 feet for an arc distance of 500.48 feet; thence North 43 degrees 59 minutes 18 seconds West, tangent to said curve and along said southerly line, a distance of 361.47 feet; thence northwesterly along a tangential curve and along said southerly line, concave to the southwest having a central angle of 36 degrees 33 minutes 33 seconds and a radius of 742.50 feet for an arc distance of 473.77 feet; thence North 09 degrees 27 minutes 10 seconds East, not tangent to said curve, a distance of 10.00 feet; thence North 23 degrees 47 minutes 00 seconds East, a distance of 114.64 feet; thence North 32 degrees 03 minutes 11 seconds East, a distance of 91.06 feet; thence North 41 degrees 25 minutes 16 seconds East, a distance of 131.03 feet; thence North 50 degrees 01 minutes 03 seconds East, a distance of 72.78 feet; thence North 56 degrees 09 minutes 10 seconds East, a distance of 72.78 feet; thence North 61 degrees 29 minutes 16 seconds East, a distance of 66.41 feet; thence North 62 degrees 22 RESOLUTION 2010- minutes 45 seconds East, a distance of 136.00 feet; thence North 27 degrees 40 minutes 31 seconds West, a distance of 205.12 feet; thence North 62 degrees 19 minutes 29 seconds East, a distance of 60.00 feet; thence North 63 degrees 09 minutes 07 seconds East, a distance of 77.89 feet; thence North 67 degrees 07 minutes 18 seconds East, a distance of 63.41 feet; thence North 71 degrees 03 minutes 31 seconds East, a distance of 63.41 feet; thence North 74 degrees 59 minutes 44 seconds East, a distance of 63.41 feet; thence North 78 degrees 55 minutes 57 seconds East, a distance of 63.41 feet; thence North 82 degrees 52 minutes 09 seconds East, a distance of 63.41 feet; thence North 86 degrees 48 minutes 22 seconds East, a distance of 63.41 feet; thence North 88 degrees 19 minutes 43 seconds East, a distance of 53.58 feet; thence North 83 degrees 14 minutes 30 seconds East, a distance of 50.88 feet; thence North 79 degrees 53 minutes 36 seconds East, a distance of 417.07 feet; thence North 84 degrees 23 minutes 35 seconds East, a distance of 60.00 feet; thence South 05 degrees 36 minutes 25 seconds East, a distance of 131.41 feet; thence easterly along a non - tangential curve, concave to the south having a central angle of 06 degrees 51 minutes 55 seconds and a radius of 1,305.00 feet, for an arc distance of 156.37 feet, the chord of said curve bears North 87 degrees 01 minutes 06 seconds East; thence South 89 degrees 32 minutes 57 seconds East, tangent to said curve, a distance of 154.79 feet to said east line of Oudot A and the point of beginning. WHEREAS, on May 25, 2010, the Planning Commission of the City of Rosemount held a public hearing and reviewed the Preliminary Plat for Prestwick Place 2nd Addition; and WHEREAS, on May 25, 2010, the Planning Commission recommended approval of the Preliminary Plat for Prestwick Place 2nd Addition; and WHEREAS, on June 15, 2010, 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 2nd Addition, subject to the following conditions: 1. Recording of a Master Development Plan Planned Unit Development Agreement at the time of Final Plat recording. 2. Akcon Development shall provide a well site in a future development phase 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 design for phases 2 and 3 require the construction of Connemara Trail from at least the intersection of street D to Akron Avenue. 4. Detailed landscape plans shall be provided during the final plat submittal. 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. An additional disclosure shall be given to potential homeowners regarding the Northern Natural Gas high pressure gas pipeline easement. 7. Compliance with the conditions and standards within the City Engineer's Memorandum dated June 9, 2010. 2 RESOLUTION 2010- 8. Compliance with the conditions and standards within the Park and Recreation Director's Memorandum dated May 19, 2010, except to remove the recommendation to install a second sidewalk along the east side of Street F. 9. Compliance with the conditions and standards within the Fire Marshall's Memorandum dated May 20, 2010 10. Approval of the Comprehensive Plan Amendment by the Metropolitan Council. 11. Compliance with the conditions of Dakota County Plat Commission Approval. 12. The one year expiration period on the validity of a preliminary plat will be fulfilled upon the approval of the first final plat. It is understood that this preliminary plat includes multiple phases that may occur over a number of years. Each subsequent final plat phase must be consistent with this preliminary plat. ADII )PTED this 15th day of June, 2010, by the City Council of the City of Rosemount. William H. Droste, Mayor AT'I'EST: Amy Domeier, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2010 - A RESOLUTION APPROVING THE AMENDMENT TO THE COMPREHENSIVE PLAN FOR PRESTWICK PLACE 2 "D ADDITION WHEREAS, the Community Development Department of the City of Rosemount has received an application from D.R. Horton requesting a Comprehensive Plan Amendment concerning property legally described as follows: That part of the North Half of the Northwest Quarter of Section 27, Township 115 North, Range 19 West, Dakota County, Minnesota, described as follows: Commencing at the northeast 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 said quarter section line; thence North, along the quarter section line, a distance of 417.42 feet to the point of beginning. TOGETHER WITH That part of Oudot A, PRESTWICK PLACE, according to the recorded plat thereof said Dakota County, Minnesota, described as follows: Commencing at the northeasterly corner of said Outlot A; thence South 00 degrees 05 minutes 05 seconds West, along the east line of said Oudot A, a distance of 1,475.76 feet to the point of beginning; thence continue South 00 degrees 05 minutes 05 seconds West along said east line, a distance of 116.51 feet; thence South 00 degrees 27 minutes 45 seconds West, along said east line, a distance of 627.69 feet; thence North 89 degrees 32 minutes 15 seconds West, a distance of 153.71 feet; thence South 00 degrees 27 minutes 45 seconds West, a distance of 417.42 feet; thence South 89 degrees 32 minutes 15 seconds East, a distance of 153.71 feet to said east line of Outlot A; thence South 00 degrees 27 minutes 45 seconds West, along said east line of Outlot A, a distance of 69.50 feet to the southerly line of said Oudot A; thence North 89 degrees 30 minutes 15 seconds West, along said southerly line, a distance of 362.42 feet; thence South 00 degrees 27 minutes 45 seconds West, along said southerly line, a distance of 208.71 feet; thence North 89 degrees 30 minutes 15 seconds West, along said southerly line, a distance of 287.11 feet; thence northwesterly along a tangential curve and along said southerly line, concave to the northeast having a central angle of 45 degrees 30 minutes 58 seconds and a radius of 630.00 feet for an arc distance of 500.48 feet; thence North 43 degrees 59 minutes 18 seconds West, tangent to said curve and along said southerly line, a distance of 361.47 feet; thence northwesterly along a tangential curve and along said southerly line, concave to the southwest having a central angle of 36 degrees 33 minutes 33 seconds and a radius of 742.50 feet for an arc distance of 473.77 feet; thence North 09 degrees 27 minutes 10 seconds East, not tangent to said curve, a distance of 10.00 feet; thence North 23 degrees 47 minutes 00 seconds East, a distance of 114.64 feet; thence North 32 degrees 03 minutes 11 seconds East, a distance of 91.06 feet; thence North 41 degrees 25 minutes 16 seconds East, a distance of 131.03 feet; thence North 50 degrees 01 minutes 03 seconds East, a distance of 72.78 feet; thence North 56 degrees 09 minutes 10 seconds East, a distance of 72.78 feet; thence North 61 degrees RESOLUTION 2010- 29 minutes 16 seconds East, a distance of 66.41 feet; thence North 62 degrees 22 minutes 45 seconds East, a distance of 136.00 feet; thence North 27 degrees 40 minutes 31 seconds West, a distance of 205.12 feet; thence North 62 degrees 19 minutes 29 seconds East, a distance of 60.00 feet; thence North 63 degrees 09 minutes 07 seconds East, a distance of 77.89 feet; thence North 67 degrees 07 minutes 18 seconds East, a distance of 63.41 feet; thence North 71 degrees 03 minutes 31 seconds East, a distance of 63.41 feet; thence North 74 degrees 59 minutes 44 seconds East, a distance of 63.41 feet; thence North 78 degrees 55 minutes 57 seconds East, a distance of 63.41 feet; thence North 82 degrees 52 minutes 09 seconds East, a distance of 63.41 feet; thence North 86 degrees 48 minutes 22 seconds East, a distance of 63.41 feet; thence North 88 degrees 19 minutes 43 seconds East, a distance of 53.58 feet; thence North 83 degrees 14 minutes 30 seconds East, a distance of 50.88 feet; thence North 79 degrees 53 minutes 36 seconds East, a distance of 417.07 feet; thence North 84 degrees 23 minutes 35 seconds East, a distance of 60.00 feet; thence South 05 degrees 36 minutes 25 seconds East, a distance of 131.41 feet; thence easterly along a non - tangential curve, concave to the south having a central angle of 06 degrees 51 minutes 55 seconds and a radius of 1,305.00 feet, for an arc distance of 156.37 feet, the chord of said curve bears North 87 degrees 01 minutes 06 seconds East; thence South 89 degrees 32 minutes 57 seconds East, tangent to said curve, a distance of 154.79 feet to said east line of Outlot A and the point of beginning. WHEREAS, on May 25, 2010, the Planning Commission of the City of Rosemount held a public hearing and reviewed the Comprehensive Plan changing the land use for the property by reguiding it from AG - Agriculture to LDR — Low Density Residential; and WHEREAS, on May 25, 2010, the Planning Commission recommended that the City Council adopt an amendment to the Comprehensive Plan to change the land use designation for approximately 45 acres north of the future Connemara Trail from AG - Agriculture to LDR — Low Density Residential; and WHEREAS, on June 15, 2010, the City Council of the City of Rosemount reviewed the Planning Commission's recommendations; and. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves an amendment to the Comprehensive Plan to change the land use designation for approximately 45 acres north of the future Connemara Trail from AG - Agriculture to LDR — Low Density Residential; and ADOPTED this 15th day of June, 2010, by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor 2 DECLARATION OF COVENANTS AND RESTRICTIONS P IZESTWICK PLACE 2ND ADDITION MASTER DEVELOPMENT PLAN PLANNED UNIT DEVELOPMENT AGREEMENT TH IS DECLARATION made this day of , 2010, by the D.R. Horton, lnc. — Minnesota, a Delaware corporation (hereinafter referred to as the "Declarant "); WI IEREAS, 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 W1lEREAS, 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 o I" an application for a master development plan planned unit development for a residential development on the Subject Property; and W1 IEREAS, 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; ,.md 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 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. 2010 -xx, Attachment Two b. Development Plan/Overall Preliminary lat (Revised 05/28/2010), Attachment Three C. Preliminary Plat ( Revised 05/25/2010), Attachment Four I d. Preliminary Phasing Plan (Revised 05/28/2010), Attachment Five e. Preliminary Grading & Erosion Plans, (Sheets 6 through 9 of 15; Revised 05/25/2010), Attachment Six, Seven, Eight, and Nine f. Preliminary Utility Plan(; Revised 05/28/2010), Attachment Ten AT g. Preliminary Landscape Plans (Sheets 11 through 13 of 15; Revised 05/28/2010), Attachment Eleven, Twelve, and Thirteen 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. 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 pri%,ate 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 i:he responsibility of the adjoining homeowners' association. C. The alternative front elevation design including approximately three and a half (3.5) feet of brick or stone wainscoting is required. 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. 4. In connection with the approval of development of the Subject Property, the following deviations from City Zoning or Subdivision Code provisions were approved: 3 a. Section 11 -4 -5 F. 1. R -1 Minimum Lot Area: The minimum lot area shall be '7,400 square feet. b. Section 11 -4 -5 F. 2 . R -1 Minimum Lot Width: The minimum lot width shz 11 be 56 feet. C. Section 11 -4 -5 F. 4. R -1 Minimum Front Yar' etback: The minimum fro it 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 40% for lots 9,000 square feet and smaller and 35% for lots greater than 9,000 square feet. f. Section 11 -5 -2 C. 6. D. (1) Single - family Detached Residential Driveway Maximum Width: For Lots 33 through 39, Block 5, the maximum driveway width shall be 17 feet at the curb line and property line. le In all otb °r 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 rough grading, 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. N 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. 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 D.R. Horton Inc. - Minnesota By Its Th,° foregoing instrument was acknowledged before me this day of , 2010, 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- 4234411 5 Notary Public That part of the North Half of the Northwest Quarter of Section 27, Township 115 North, Range 19 West, Dakota County, Minnesota, described as follows: Commencing at the northeast 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 said quarter section line; thence North, along the quarter section line, a distance of 417.42 feet to the point of begir ning. TOGETHER WITH That part of Outlot A, PRESTWICK PLACE, according to the recorded plat thereof said Dakota County, Minnesota, described as follows: Commencing at the northeasterly corner of said Outlot A; thence South 00 degrees 05 minutes 05 seconds West along the east line of said Outlot A, a distance of 1,475.76 feet to the point of beginning; thence conti iue South 00 degrees 05 minutes 05 seconds West along said east line, a distance of 116.51 feet; thence South 00 degrees 27 minutes 45 seconds West, along said east line, a distance of 627.69 feet; thence North 89 degrees 32 minutes 15 seconds West, a distance of 153.71 feet; thence South 00 degrees 27 m nutes 45 seconds West, a distance of 417.42 feet; thence South 89 degrees 32 minutes 15 seconds East, a distance of 153.71 feet to said east line of Outlot A; thence South 00 degrees 27 minutes 45 seconds West along said east line of Outlot A, a distance of 69.50 feet to the southerly line of said Outlot A; thence North 89 degrees 30 minutes 15 seconds West, along said southerly line, a distance of 362.42 feet; thence Soutl 00 degrees 27 minutes 45 seconds West, along said southerly line, a distance of 208.71 feet; thence North 89 degrees 30 minutes 15 seconds West, along said southerly line, a distance of 287.11 feet; thence northwesterly along a tangential curve and along said southerly line, concave to the northeast having a central angle of 45 degrees 30 minutes 58 seconds and a radius of 630.00 feet for an arc distance of 500.48 feet; .hence North 43 degrees 59 minutes 18 seconds West, tangent to said curve and along said southerly line, a distance of 361.47 feet; thence northwesterly along a tangential curve and along said southerly line, concave to the southwest having a central angle of 36 degrees 33 minutes 33 seconds and a radius of 742.50 feet for an arc distance of 473.77 feet; thence North 09 degrees 27 minutes 10 seconds East, not tangent to said curve, a distance of 10.00 feet; thence North 23 degrees 47 minutes 00 seconds East, a distance of 114.64 feet; thence North 32 degrees 03 minutes 11 seconds East, a distance of 91.06 feet; thence North 41 degrees 25 minutes 16 seconds East, a distance of 131.03 feet; thence North 50 degrees 01 minu res 03 seconds East, a distance of 72.78 feet; thence North 56 degrees 09 minutes 10 seconds East, a distance of 72.78 feet; thence North 61 degrees 29 minutes 16 seconds East, a distance of 66.41 feet; thence North 62 degrees 22 minutes 45 seconds East, a distance of 136.00 feet; thence North 27 degrees 40 minu*,es 31 seconds West, a distance of 205.12 feet; thence North 62 degrees 19 minutes 29 seconds East, a distance of 60.00 feet; thence North 63 degrees 09 minutes 07 seconds East, a distance of 77.89 feet; thence North 67 degrees 07 minutes 18 seconds East, a distance of 63.41 feet; thence North 71 degrees 03 minus es 31 seconds East, a distance of 63.41 feet; thence North 74 degrees 59 minutes 44 seconds East, a distance of 63.41 feet; thence North 78 degrees 55 minutes 57 seconds East, a distance of 63.41 feet; thence North 82 degrees 52 minutes 09 seconds East, a distance of 63.41 feet; thence North 86 degrees 48 minutes 22 seconds East, a distance of 63.41 feet; thence North 88 degrees 19 minutes 43 seconds East, a distance of 53.58 feet; thence North 83 degrees 14 minutes 30 seconds East, a distance of 50.88 feet; thence North 79 degrees 53 minutes 36 seconds East, a distance of 417.07 feet; thence North 84 degrees 23 minutes 35 seconds East, a distance of 60.00 feet; thence South 05 degrees 36 minutes 25 seconds East, a distarce of 131.41 feet; thence easterly along a non - tangential curve, concave to the south having a central angle of 06 degrees 51 minutes 55 seconds and a radius of 1,305.00 feet, for an arc distance of 156.37 feet, the chord of said curve bears North 87 degrees 01 minutes 06 seconds East; thence South 89 degrees 32 minutes 57 seconds East, tangent to said curve, a distance of 154.79 feet to said east line of Outlot A and the point of beginning. 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Cornm�r:ial M;-dium Clensit� y Residpnti a! vl,,.at?I M High Density R-es i-jenti --ti PtojectAre.i 73 4, 13 5t I i S t W 77 13 "pure 6-1 3cenario 1 �SAN 42 /Akron A UAR m t WRIPIMPT I 41 S *C� iax 1 yjo 2.10010 December 2006 16 ROSEMOUNT WSB MINXISOTA Scenario 1 Urban Residential: 2.5 unitslac = 2590 units ,6 Medium Density Residential: 7 units/ac = 2000 units High Density Residential: 12 unitsfac = 500 Units Commercial: 10,000 sf/ac = 844,500 sf 73 4, 13 5t I i S t W 77 13 "pure 6-1 3cenario 1 �SAN 42 /Akron A UAR m t WRIPIMPT I 41 S *C� iax 1 yjo 2.10010 December 2006 16 ROSEMOUNT WSB MINXISOTA 0111� 'A I@-- - rW V O � E - - j 1 n x -0 o a Y � J m x e "- a a w m' o_on� xaam� _ w K m v x cl, Q I �J Ir `G d - E _ E E- 0 E o o V c V .- r S o Z U 7 F- U U U t O Z C� U fl R �I. rl,2 i 1 i { -. I l 0 N A N N N � L-1): I — I O LO N O O EXCERP" OF MINUTES PLANNING COMMISSION REGULAR MEETING MAY 25, h010 5.a. Request by D.R. Horton for the approval of the Prestwick Place 2 "d Addition Preliminary Plat, Planned Unit Development Master Development Plan, Rezoning, and Comprehensive Plan Amendment (10- 14 -PP, 10- 16 -PUD, 10- 16 -RZ, 10- 17 -CP). Senior Planner Zweber reviewed the staff report. D.R. Horton has submitted applications for the approval of the preliminary plat, planned unit development master development plan, rezoning and comprehensive plan amendment for Prestwick Place 2 "d Addition to allow for the development of 142 single family homes with a minimum of 56 foot wide lots on 44.38 acres. Chairperson Ege asked if there has been any interest in the commercial area south of the excepted area. Mr. Zweber stated he would leave that question for the developer to answer. Chairperson Ege asked if staff expected there to be any conflict among homeowners with shared driveways when it came to planting trees next to the driveway. Mr. Zweber stated that it could be an issue if the trees were to be planted in the boulevard but since they will be planted on individual lots and there is quite an expansive area to choose where to locate the tree, staff did not expect any issues. He further stated that Condition #9 specifically states that trees shall be installed in locations that do not interfere with curb stops or individual sewer and water connections which will assist homeowners in choosing appropriate locations for their trees. Chairperson Ege asked about language in the staff report that stated future homeowners along the extension of Connemara Trail will be assessed to pay for the cost of the road extension. Mr. Zweber replied that assessments need to be paid at the time of the sale of the home. The developer rolls the cost of the street construction into the cost of the lot. He further explained that the costs of the street extension as mentioned in #2 and #3 of the Engineer's Memo will be divided by the number of lots available to be sold and that fraction of the cost will be added to the cost of the individual lot. Commissioner Powell asked about the size and type of pipeline that runs through the site and whether or not there will be any disclosure to homeowners. Mr. Zweber replied that it is a Northern Natural Gas 4 inch pipeline and that other than showing the easement on the plat, the City does not usually do any additional disclosure. The easement is recorded on the properties and is shown on the title commitment at the time of the home purchase. Commissioner Powell responded that rarely homeowners know what property easements are on their property and he stated his opinion that the disclosure should be stressed separately from the title commitment. Commissioner Powell asked about the future storm sewer outfall referenced in the utility plans and whether or not the outfall was currently in place as part of the Akron Avenue improvements. Project Engineer Olson stated that the outfall is part of the Prestwick Place pond and it will be constructed in Phase 1. Commissioner Powell then asked if the pond would serve both Connemara Trail and the subdivision and Mr. Olson replied that it would. Commissioner Powell asked if the existing water service is adequate to serve the additional development or if it was dependent on the development of the well site. Mr. Zweber stated that an analysis was completed in 2007 and it was determined at that time that an additional 1800 units could be constructed before having a water issue. Mr. Zweber stated that up to this point, only 400 units have been constructed. Commissioner Powell pointed out a few additional items he was concerned with. He stated his concern with the design of the home in that it is very garage oriented and the front door is hard to see from the street. Commissioner Powell also questioned whether or not the infrastructure in Phase 1 met fire code requirements with respect to water main looping and road connections. Mr. Zweber responded that the Fire Marshal has stated that Phase 1 meets the fire code because any dead end street that is longer than 150 feet requires a temporary cul -de -sac and none of the dead end roads on the plan exceed that amount. Mr. Olson responded in saying that if it is determined that water main looping is needed, it would be done during the final plat designing stage, but in the initial review, it appears it may not be needed. Commissioner Powell mentioned his concern with the large infiltration area and whether or not the soils have been tested for adequacy of an area that large. Also, he asked whether or not steps will be taken to avoid backyard stormwater blocked by fences, sandboxes, and gardens by homeowners. Commissioner Powell questioned who would be responsible for maintaining the trees along Connemara Boulevard and also the language on page 7 of the staff report where it states that property owners will be responsible for any trespassing or refuse on the property with respect to the stormwater pond. He asked if Street D would continue on past Connemara Trail or not. Additionally, Commissioner Powell stated that he felt it excessive for the Engineer's Memo to contain 49 comments on the project that the Planning Commission needs to be aware of. He feels the project should be close to completion by the time it is reviewed by the Planning Commission. Commissioner Powell's final question was whether or not there will be a park located nearby the development. Applicant, Scott Johnson, of Arcon Development, the developer on the project approached the Commission. He stated that the construction of Akron Avenue has made this project possible and he's excited to get the project started. He addressed Commissioner Powell's concern with the 49 comments on the Engineer's Memo saying that most of the 49 comments are technical items which are typical of a preliminary plat. Mr. Johnson pointed out on the approved concept plan the area of the new development and stated that the type of single family home chosen works well in the current market. Mr. Johnson brought up some issues that the developer is concerned with. First, he stated they are requesting the 35% lot coverage requirement stated in Condition #1 be revised to 40% in order to allow homeowners the flexibility of installing three season porches, sheds or additions to their homes in the future. With the smaller lots, Mr. Johnson stated that with the foundation, garage and driveway, the lot coverage almost reaches 35 %. Mr. Johnson stated they will move the wellsite further to the north closer to the railroad tracks and will work to get that revision completed before the City Council meeting. With respect to Condition #4, Mr. Johnson stated the builder has expressed concern with the specific architectural requirement of brick or stone wainscoting and would like to discuss with staff the possibility of changing it to a more generalized quality of architecture with a combination of materials and details that could be used. The developer and builder would like the homeowner to have more control over what materials they would like used in the elevation of the architecture. With respect to Condition #5, Mr. Johnson sees a potential conflict with owners having to share driveways. He realizes the recommendation is because staff would like at least 50% of the curb area not to be driveway. He requested staff to consider allowing tapering the driveways at the curb to try to achieve that 50% rather than have homeowners share driveways. Mr. Johnson mentioned that the Parks and Recreation memorandum is requiring sidewalks on both sides of Street F. Mr. Johnson stated he spoke with Parks and Recreation Director Schultz to request this requirement be removed. Mr. Johnson stated Street F is only a residential street within the neighborhood and there are trails behind the homes on this street backing up to Akron Avenue so there isn't a need for an additional sidewalk. In addition, with only one sidewalk, people would likely be more encouraged to walk along Akron Avenue rather than the inside neighborhood Street F. Chairperson Ege asked the Commissioners for questions for the Applicant. Commissioner Powell asked the applicant the intended price for the homes. Mr. Johnson replied that the base price will be at $225,000 and could increase from there depending on the additional options chosen by the buyer. Chairperson Ege asked the applicant if he is requesting 40% impervious surface coverage for all of the lots in the development. Mr. Johnson replied there are larger lots that would probably not come close to the 35 %, but they are requesting the flexibility for the homeowner. Chairperson Ege asked the applicant if there has been any interest in the commercial area. Mr. Johnson replied that there has not been any interest, but once the neighborhoods get developed, the commercial sector will take more of an interest in the area. Commissioner Powell asked for a timeline of the construction of phases in the development. Mr. Johnson responded that they hope to complete one phase a year. Commissioner Demuth asked where the park in the neighborhood will be located. Mr. Zweber showed on the concept plan an area south of Prestwick Place 2nd Addition in about 7 acres in size that will include a parking lot, park shelter, and playground. Mr. Zweber stated when the park will be constructed depends upon the developments surrounding the park area to the west and south which is when the park land would be dedicated. Also, Mr. Zweber stated that the park land is not currently graded and the scope of the grading will depend on the stormwater pond on the parcel and the grading of the development to the south of the park. Mr. Johnson added that expansion of Connemara Trail through the new development will help accelerate the construction of the other developments. Commissioner Kolodziejski asked Mr. Zweber if the tapered driveways are typical in any other Rosemount neighborhood. Mr. Zweber replied the closest type of driveway would be in Crosscliffe 3rd Addition but they are still not constructed the same. Mr. Zweber further stated that the staff would approve the proposal of having a maximum of 17 feet wide driveways at both the curb line and property line which would help achieve the goal of not having more than 50% driveway in the cul -de -sac. Chairperson Ege mentioned a variance the Planning Commission denied last year by a resident requesting an increase to the lot coverage restriction in order to install a three- season porch. She expressed her concern with approving the increase for Prestwick Place when they recently denied a similar request. Mr. Zweber gave a brief background on coverage requirements and ordinance language and explained that there have been several PUD amendments as to impervious surface coverages that have been approved for increases as long as the stormwater drainage is adequate and aesthetics of the neighborhood are kept in mind. Commissioner Powell asked if staff would support a reduction in the roadway width to make up for the impervious surface increase. Mr. Zweber stated that staff would allow a 28 foot street design but that a requirement to allow for that width would be that sidewalks are installed on both sides of the street. Commissioner Powell stated that with the sidewalks added, it doesn't provide a solution to the surface coverage issue. Fran Hagen with Westwood Professional Services, the engineer on the project, approached the Commission. He stated he is confident there is sufficient ponding to support an increase of 5% in impervious surface so aesthetics would be more of a concern which is handled by the depth of the lots. With respect to the 49 comments in the Engineer's report, Mr. Hagen stated that most of the comments are final design comments and only about 5 or 6 comments would apply to the preliminary plat design stage. With respect to the concern about fences, landscaping, and other items within the drainage and utility easements in the backyards, Mr. Hagen replied that the easement covers 10 feet in the backyards and by law, a homeowner cannot build within an easement. Finally, Mr. Hagen answered the infiltration concern by stating that the City is only allowing 3 inches per hour which will be no problem in this neighborhood. Mr. Zweber stated that with respect to drainage in the backyards, the City provides some flexibility with fences since they cannot impede drainage. Mr. Zweber further stated that in addition to the drainage and utility easements on the property, the City also places conservation easements over the area. Usually, the homeowners' association owns the easements and is responsible for the maintenance. In this case, they are choosing not to have a homeowners' association. The City will be responsible for the maintenance of the boulevard in Connemara Trail. Trees usually placed along the boulevard will be located on private property and therefore, will be the responsibility of the homeowner to maintain, in addition to the portion of the stormwater pond on the homeowner's property which is where the trespassing issue is relevant. With respect to the Commissioner Powell's concern with the number of comments on the Engineer's Memo, Mr. Zweber stated that the City attorney has advised staff that if an item is not introduced in a preliminary plat proceeding, it cannot be later introduced as a new issue in the final plat proceedings. This is why there are so many comments as to cover all of the possible issues that may arise throughout the platting process. Mr. Zweber clarified staff's position on the front architecture of the homes and the reason for Condition #4. He stated that usually the City places a large amount of requirements on the architecture of single family homes. In this development, Mr. Zweber stated that staff is very conscious of the smaller lots and limitations and the only detail they are requiring is the 3.5 feet of brick or stone wainscoting. Mr. Zweber stated staff would be supportive of the tapered driveways and the removal of the second sidewalk requirement along Street F. Chairperson Ege stated she agreed with the 17 foot driveways. Commissioner Powell stated he would feel more comfortable with additional disclosure language regarding the gas pipeline. Mr. Zweber replied staff will discuss internally what language would be acceptable and a new Condition #16 could be added to require the disclosure. Commissioner Demuth asked if only the smaller lots could have the increase in lot coverage. Mr. Zweber stated the Commission could decide to allow the increase for only smaller lots, although it would be more difficult to implement on an administrative level. The public hearing was opened at 8:28p.m. There were no public comments. MOTION by Ege to close the public hearing. Second by Powell. Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 8:29p.m. It was decided to revise Condition #1 to state that lots over 9,000 square feet would have a 35% lot coverage requirement while lots 9,000 square feet and under would be allowed up to 40% lot coverage. It was decided to revise Condition #12 to remove the requirement of a second sidewalk on the east side of Street F due to trails on both sides of Akron Avenue directly behind the homes along Street F and Commissioner Powell also mentioned his concern with the number of driveways along that sidewalk would create a lot of pedestrian - vehicle interaction. Commissioner Kolodziejski stated his agreement with the 17 foot driveway width in Condition #5, but asked Mr. Zweber if it should read a "maximum" of 17 feet. Mr. Zweber replied that it should read maximum of 17 feet because the homeowner could choose to go less than that but could not have more than 17 feet. Commissioner Powell asked the applicant if he understood the revisions made to the conditions, and Mr. Johnson replied that he understood and agreed with the revisions. MOTION by Commissioner Kolodziejski to recommend that the City Council approve the Preliminary Plat, Planned Unit Development Master Development Agreement, Rezoning from AG: Agriculture to R -1 PUD: Low Density Residential Planned Unit Development, and the Comprehensive Plan Amendment to re -guide the property from MDR: Medium Density Residential and HDR: High Density Residential to LDR: Low Density Residential, subject to the following conditions: 1. Deviations from the R -1 zoning district are granted to allow a 56 foot minimum lot width, 25 foot front yard setbacks, 7.5 foot side yard setbacks, a 7,400 square foot minimum lot size, 35% lot coverage for lots over 9,000 square feet, and 40% lot coverage for lots 9,000 square feet and under. 2. D.R. Horton will provide a well site within the exception parcels located on the east side of Street F or Akcon 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 design for phases 2 and 3 require the construction of Connemara Trail from at least the intersection of street D to Akron Avenue. 4. The alternative front elevation design including approximately three and a half (3.5) feet of brick or stone wainscoting is required. 5. Driveway widths for Lots 33 through39, Block 5 shall be limited to a maximum width of 17 feet at the property line and curb line. 6. The building pad and garage elevations on Lot 1, Block 6 be recalculated to match the contours shown on the grading plan. 7. Detailed landscape plans shall be provided during the final plat submittal. 8. Put a star, asterisk, or other symbol on each lot on the landscape plan and in the planting notes stating "see standard lot planting detail for individual lot trees ". 9. Trees installed on individual lots shall be planted in a location that does not interfere with curb stops or individual sewer or water connections. 10. 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. 11. Compliance with the conditions and standards within the City Engineer's Memorandum dated May 19, 2010. 12. Compliance with the conditions and standards within the Park and Recreation Director's Memorandum dated May 19, 2010, except to remove the recommendation to install a second sidewalk along the east side of Street F. 13. Compliance with the conditions and standards within the Fire Marshall's Memorandum dated May 20, 2010 14. Approval of the Comprehensive Plan Amendment by the Metropolitan Council. Compliance with the conditions of Dakota County Plat Commission Approval. 15. The grading and landscape plans will need to be revised accordingly before City Council approval. 16. An additional disclosure shall be given to potential homeowners regarding the Northern Natural Gas high pressure gas pipeline easement. Second by Powell. Ayes: 5. Nays: None. Motion approved. Mr. Zweber stated this item will go before the City Council at the meeting on June 15, 2010, on the condition the applicant provides revised plans to staff by 9:00a.m. on June 2, 2010. ROSEMOUNT PUBLIC WORKS MEMORANDUM DATE: June 9, 2010 TO: Eric Zweber, Senior City Planner CC: Kim Lindquist, Community Development Director Andrew Brotzler, Director of Public Works /City Engineer Dan Schultz, Parks and Recreation Director Chris Watson, Management Analysis Kathie Hanson, Planning Department Secretary FROM: Phil Olson, Project Engineer RE: Prestwick Place Second Addition Preliminary Plat Review SUBMITTAL: Prepared by Westwood Engineering, the Prestwick Place Second Addition Preliminary Plans for Preliminary Plat Review, dated April 27, 2010 with City redlines dated May 28, 2010 and received June 1, 2010. The following review comments were generated from the following documents included in the submittal: 1. Preliminary Plans dated April 27, 2010 with City redlines dated May 28, 2010, comprised of Existing Conditions, Development Plan /Preliminary Plat, Phasing Plan, Grading & Erosion Control Plan, Utility Plan, Landscape Plan, Centerline Profiles and Details. 2. Preliminary Storm Water Runoff Calculations, dated April 27, 2010 and follow -up email from Fran Hagen regarding the revision to 40% impervious coverage on 68 of 142 lots. 3. Proposed Drainage Area Map, dated April 27, 2010. 4. Revised Preliminary Plat Submission letter from Westwood Engineering dated June 1, 2010. GENERAL COMMENTS: 1. The City is reviewing the timing for extending Connemara Trail from the Bloomfield development to Akron Avenue (County Road 73). A condition of the preliminary plat approval shall be the full dedication of the right -of -way for Connemara Trail from the Bloomfield development to Akron Avenue at the recording of the first final plat. 2. The developer shall be responsible for costs associated with the extension of Connemara Trail. The improvement cost is $12,444.32 /Acre. 3. The developer shall be responsible for costs associated with upgrading Akron Avenue. The improvement cost is $317.72 /Acre 4. Prior to construction, it will be required that any work occurring within the Northern Natural Gas pipeline easement shall be by agreement with the permit holder. 5. Grading is proposed within the Northern Natural Gas pipeline easement. Prior to construction, an agreement will need to be executed with Northern Natural Gas allowing the proposed grading and stormwater pond within their easement. 6. Conservation easements are not shown on the preliminary plat but will be required over all pond and infiltration areas, and shall encompass all naturally vegetated areas. 7. A street lighting plan shall be submitted for review and approval at the time of final plat approval. GENERAL STORMWATER COMMENTS: 1. The storm water runoff volume and rate control requirements are being met by the proposed design. The proposed pond and infiltration area are consistent with the proposed development. The proposed design does not indicate that future drainage areas will be directed to the pond as part of development in the area. 2. The NURP storm water treatment volume required for the developing area has been provided in Pond 1. The NURP water quality design volume does not include any future areas tributary to the pond. Please be advised that approximately 0.45 acre -feet of additional treatment volume is available that may be used if additional drainage area from Street "C" and "F" are extended to the north. 3. The storm water infiltration area provided by the design with a 3" /hour infiltration rate meets the City requirements of 1/12 of an acre -foot per acre of area to be infiltration per day. The infiltration area design does not indicate that additional tributary area is proposed as future development in the area occurs. 4. The drainage and utility easements shown on the grading plans will require revision to encompass the area inundated to the overflow elevations. The drainage and utility easement widths over the storm sewer system shall be verified during final design of the storm sewer system. PRELIMINARY GRADING AND EROSION CONTROL PLAN 1. The final grading plan shall include a native vegetative planting and maintenance plan for the pond, berm, and natural areas. 2. As part of final design, the emergency overflow section capacity between Lots 9 -10, Block 5 shall be calculated. The emergency overflow shall be relocated if not adequate. 3. The location of the emergency overflow to serve Street "A ", `B ", "C ", and Block 3 and 4 was moved to the lot line between Lot 9 -10, Block 5. The emergency overflow at elevation 936.8 is 0.9' below the low building opening elevation of 937.7 at Lot 17, Block 4. The freeboard to the low building opening at Lot 17, Block 4 does not meet the City requirements. Please be advised that storm water will back into the rear yards of Block 3 and 4 via the storm sewer at the rim elevations of 932.4 and 933.1 respectively for storm events that exceed the storm sewer capacity. It is estimated that the rear yards would be inundated to the overflow elevation 936.8. The drainage and utility easements should encompass the area inundated to 1' above the emergency overflow elevations. The emergency overflow capacity calculations for the entire site should be provided as outlined in the City Engineering guidelines to determine if adequate free board to the structures is being provided. 4. Sheet 9: The emergency overflow on Lot 3, Block 2 at elevation 936.0 appears to be over the proposed building pad. The EOF should not be across the building pad. 5. Sheet 9: The emergency overflow across Lot 34 should be at elevation 932.5 at a minimum to provide 0.5' of water flow with 1.0' of freeboard to the low building opening elevation of 934.0. The emergency overflow capacity calculations and depth of flow should be provided to evaluate the 1.0' freeboard requirement. PRELIMINARY UTILITY PLAN: 1. Watermain sizing will be examined during preparation of the feasibility report 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. 2. Sanitary sewer design will be finalized during preparation of the feasibility report. 3. Sheet 9: The drainage and utility easement over the storm sewer on the Lot 3 -4, Block 2 property line is less that 20'. The easement should be 20' in width as outlined in the City Engineering guidelines. 4. Sheet 9: The 20' wide drainage and utility easement over the storm sewer between Lot9 -10, Block 5 will need to be reevaluated once the storm sewer depth has been determined with the design. The 10' easement width along the rear yards of Lots 10 -13, Block 5 adjacent to the storm sewer will also require verification upon completion of the storm sewer design. 5. Sheet 10: The storm sewer system connection from Street "F" with the Connemara Trail system produces an unacceptable hydraulic angle. The storm sewer layout should be revised. 6. Pothole elevations shall be provided during final design at each Northern Natural Gas pipeline crossing to verify that the utility crossings can be constructed as proposed. EXISTING CONDITIONS/ SURVEY: 1. Additional information regarding the gas line easements shall be provided during final design (number of lines, sizes, pipe elevations). 2. Soil borings are shown to have been completed. Additional boring information may be necessary during final design within the street right -of -way. LANDSCAPE PLAN: 1. Landscaping plans comprised of appropriate vegetation and native plantings within ponds and infiltration areas shall be developed. 2. Sheet 11 & 12: The landscape plan has a tree proposed in the emergency overflow from Pond 1 to the south at Connemara Trail. Trees are also proposed over the storm sewer in the rear yard of Lot 18, Block 6. It is requested that no trees or shrubs be planted in an EOF or over the proposed storm sewer. DEVELOPMENT FEES: 1. Estimated development fees based on 2010 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 improvement cost is $317.72/Acre • The developer shall be responsible for costs associated with Connemara Trail. The improvement cost is $12,444.32/Acre. Should you have any questions or comments regarding the items listed above, please contact me at 651- 322 -2022. 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: May 19, 2010 Subject; Prestwick Place — 2" Addition Preliminary Plat The Parks and Recreation Department recently received the preliminary plat for the Prestwick Place 2 "`' Addition. After reviewing the plans the Parks and Recreation Department staff have the following comments: TRAILS. SIDEWALKS and PARKS DEDICATION • Park Dedication Fees will be collected as cash in lieu of land for the 142 units. Staff is recommending that the developer pay the current park dedication fee based on the fee schedule as approved by the City Council and that the developer be allowed a reduction in the fees should staff's study of the parks dedication fees indicate a reduction is warranted. • There is sidewalk along the south side of Street A and Street B and along the south and west side of Street C. The plan does not show any curb cuts or sidewalk connection from the west end of Streets A and B to the sidewalk along the west side of Street C. These curb cuts and sidewalk extensions should be added to the plan. • The plan shows sidewalk only along the west side of Street F. Staff recommends installing a sidewalk along the east side of Street F. • Assuming this sidewalk is installed along the east side of Street F, there should be curb cuts and sidewalk extensions at the east ends of Street B and Street C to connect to this sidewalk. PARKS and RECREATION COMMISSION REVIEW The Commission will be reviewing this preliminary plat at their meeting on Monday, May 24, 2010. Please call me at 651 - 322 -6012 if you have any questions about this memo. aosrhiouNT FIRE DEPARTMENT M E M O R A N D U M To: Eric Zweber, Planner From John Kendall, Fire Marshal Date: May 20, 2010 SubjE ct: Preswick Place Second Addition Upon review of the Preswick Place Second Addition Preliminary Plans dated 4/27/10 provided for review by Westwood Professional Services Inc. on behalf of D.R. Horton, Inc. the Fire Marshal offers the following comments: • The Preliminary Phasing Plan as submitted substantially meets the minimum requirements of the 2007 MN State Fire Code. Any changes to the Final Plan will require further review. • The Preliminary Phasing Plan on sheet 5 meets the 2007 MNSFC requirements as designed for fire apparatus access roads. • Facilities, building or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved access road with and asphalt, concrete or other approved driving surface capable of supporting the imposed load of at least 75,000 pounds. • To be in compliance with a Model Home Permit the access road shall extend to within 150 feet of all portions of the buildings. Fire hydrants shall be located per sheet 10 and flushed. ;0 G O U N T Y Dakota County Surveyor's Office Western Service Center • 14955 Galaxie Avenue suite 4 335 • Apple Valley, MN 55124 952 -891 -7087 • Fax 952 -891 -7127 • www.dakotacounty.us May 14, 2010 City of Rosemount 2875 145th Street W Rosemount, MN 55068 Re: PRESTWICK PLACE SECOND ADDITION The Dakota County Plat Commission met on May 10, 2010, to consider the preliminary plan of the above referenced plat. The plat is adjacent to CR 73, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed plat is replatting a part of Outlot A, PRESTWICK PLACE, for residential development. Access restriction should be shown on the plat per the existing recorded document for Outlot A, PRESTWICK PLACE. There was a good discussion about the future right of way needs for County Road 73 with the county, city and developer. The UMore Study from March 2010 indicated future four -lane needs (75 feet of half right -of -way) for a north -south roadway aligning with County Road 73 to the south, with the northern border of the Study terminating at CSAH 42. However, with the potential /future extension of this north -south roadway to the north of CSAH 42, the county talked with the city, developer, and owner on how we could accommodate the potential future need of a four -lane divided roadway, lying northerly of CSAH 42. The current right -of -way needs map indicates 55 feet of half right -of -way for a two -lane roadway. After much discussion, the county was asked to provide the developers /owners with a typical road section that could meet the minimum standards for a future four -lane divided roadway. The county responded on May 11 th with a typical section of a four -lane divided section. On May 12th, a proposal from the developer included additional dedication for the potential /future expansion of County Road 73 as a 4 -lane divided roadway, including: 1. Providing 75 feet of half right -of -way (an additional 20 ft to the current site plan layout) dedication for Lots 1 through 5, Block 6. 2. Providing 65 feet of half right -of -way (an additional 10 ft to the current site plan layout) for Lots 6 through 14, Block 6. 3. Providing 75 feet of half right -of -way (an additional 20 ft to the current site plan layout) for Lots 15 through 18, Block 6. This proposal will accommodate the potential future needs in this area. The cooperation of the owner, developer, and city is much appreciated. The Plat Commission has approved the preliminary plat. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. Traffic volumes on County Road 73 are 435 and are anticipated to be 4,900 ADT by the year 2025. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891 -7070. Sincerely, 7;i-;-71�� Todd B. Tollefson Secretary, Plat Commission cc: Ron Mullenbach, D R Horton Francis Hagen II, Westwood r Environmental Mgmt. Department Office of GIS Parks and Open Space Department June 4, 2010 Physical Development Division Lynn Thompson, Diroctor Eric Zweber Dakota County City of Rosemount Western Service Cenl!r 2875145 1h Street West 14955 Galaxie Aveft, Rosemount, MN 55068 Apple Valley, MN 55124 3579 highways that will serve our residents now and in the future. We have 952.891.7000 Fax 952.891.70 31 RE: Comprehensive Plan Amendment for DR Horton proposed development www.dakotacounty.Ls (Prestwick Place 2nd Addition) Environmental Mgmt. Department Office of GIS Parks and Open Space Department Dear Mr. Zweber: Surveyor's Office Transit Office Thank you for the opportunity to review and comment on the Comprehensive Transportation Department Plan Amendment for the Prestwick Place development proposal. Water Resources Deparf,nent We believe it is important to preserve corridors for the County's arterial highways that will serve our residents now and in the future. We have included only limited transportation comments with this letter because we are concurrently working with the City through the County's plat review process. As you are aware, our staff maintain an extensive database of identified hazardous waste sites that the developer may wish learn more about, as this project moves forward. Please don't hesitate to call the Water Resources Office at 952 - 891 -7532 for assistance. We look forward to continuing to work with you and the City of Rosemount and the developer as this project moves forward. If you have any questions, please contact Kurt Chatfield at (952) 891 -7022 or kurt.chatfield(a�co.dakota.mn.us. Sincerely, Lynn Thompson, Director Physical Development Division Enclosures (4) cc: Commissioner Will Branning Brandt Richardson, County Administrator c� Pnmed on recycled paper with 30% post-co e—er wore, M4 EQUAL OPr'ORTU EMPLOYER Dakota County Staff Comments on Prestwick Place Transportation Dakcta County Transportation staff have been working for some time on draft plans to ident fy north -south routes that could supplement existing state highways. With the Rosemount/Empire/UMore Area Transportation System Study now complete, it has Lecome apparent that County Road 73 (Akron Avenue) will become a more si niticant highway, for moving +raffia. north and south within the count than was g. y. y, y. south within i u y, than originally planned when considering predicted future development on the north and south sides of CSAH 42. Any future development adjacent to CR 73 should be closely coordinated with the County. The County's Plat Commission has been working with the staff at the City of Rosemount and the developer on Right of Way issues. Environment The County's database indicates a pipeline easement is within the proposed development site, which raises the potential for environmental issues. County staff also identified multiple sites that might be of interest within a half mile of the proposed development site, including two MPCA spill sites and a leaking undE!rground storage tank site. Little is known about some of the identified sites referred to above. If affected soil or water is encountered as work proceeds as outlined in this development proposal, state rules and County ordinances require that work stops so a site inve:3tigation can be considered or conducted. Remediation could be required. If affected soil or water is found, or for more information about the waste sites listed above, applicable procedures, or other information, please contact the Dakota County Water Resources Office staff at (952) 891 -7532. There were no active wells associated with this property in the County's database, but it is possible that old wells not known to our staff could be found on the site. If so, Dakota County requires that unused wells either be sealed or updated to current standards for use when the property is transferred. State law requires sellers to disclose information about known wells. Please contact staff in tha Dakota County Well Program at (952) 891 -7553 for additional information. Please refer to the accompanying memo, tables and maps for more information. 2 i Environmental Review Corr prehensive Plan Amendment - D.R. Horton Prestwick Place 2 "d Addition Akron Avenue and 145th Street West, Rosemount, Minnesota Date: May 26, 2010 An environmental review was conducted by Dakota County's Water Resources Department staff in regard to the Comprehensive Plan Amendment project notification from the City of Rosemount for the above referenced project. The subject property includes parcel PID #345860001000, which is approximately 117.13 acres and owned by A�con Development Inc. Dakota County Findings and Recommendations The -)roposed development site is located adjacent to known or suspected contaminated sites and potential sources for soil contamination, and surface and ground water contamination. A pipeline easement may be present on the property. If affected soil or water is found, a site investigation and remediation in accordance with MN Pollution Control Agency (MPCA) guidelines and Dakota County ordinances may be required. If affected soil or water is encountered, or debris is identified, please contact the Dakota County Water Resources Department for assistance. Limited information is available from the County and the MPCA regarding some of the identified sites. For questions or concerns about information provided in this report, please contact the Dakota County WatE;r Resources Office at 952 - 891 -7532. Environmental Assessment Information Five waste sites were identified within approximately 1/2 mile of the subject location. A waste site is an area where the County or state's database indicate that solid or hazardous wastes are disposed, where hazardous materials are spilled or leaked, or where contaminants are leached or otherwise released into the environment. Documentation from decades -old uses can be hard to find or confirm, so it is not always clear whether the proximity of the proposed development represents a real risk to health or s0ety. The information provided here should be considered a starting point for assessing potential risk. • A pipeline easement is shown on the proposed development site. Additional transmission lines, pipelines and railroad lines were identified adjacent to or within approximately %2 mile of the site. Please contact the line owners for information on detailed locations and specifications. • Two Minnesota Pollution Control Agency (MPCA) Spill sites were identified within approximately 1/2 mile of the site. • One MPCA Leaking Underground Storage Tank (LUST) site was identified within approximately' /2 mile of the site. Environmental Review — D.R. Horton - Prestwick Place 2 "d Addition, Rosemount • No MPCA Registered Tanks were identified within approximately 1/2 mile of the site. • No MPCA MES (master entity system) sites, such as Solid Waste Permitted sites, un- permitted dumpsites, VIC (voluntary investigation and cleanup) sites or no further response action planned (NFRAP) sites were identified within approximately ' /z mile of the site. • No hazardous waste generators with active or inactive licenses were identified within approximately 1A mile of cite. • Thirteen active and three sealed wells were identified within approximately 1/2 mile of the site. No active wells were identified on the site. Moms information and the approximate location of the sites listed above can be found in the ,attached maps and tables. Note Waste sites range from well known to unknown, recent to very old, surficial to buried, small to large, inert to reactive, and relatively safe to hazardous. Environmental contamination affects the air, land, surface wate , and groundwater and may seriously impact plants, animals, and humans. In short, a site is any waste dispc sal or contaminant release that potentially could affect the environment or threaten public health and safet t. Comments The City of Rosemount and the developer /property owner should be aware that if development occurs on, adjacent to, or near a waste site, affected soil and groundwater could be encountered due to down - gradient migration of surface water and groundwater. DUE to the potential to encounter affected areas from adjacent sites, a radius of approximately' /2 mile has been used as the standard search radius for this environmental review. It is also possible that other sites could be encountered that have not been identified and currently are not known sites. If the city staff, developer or contractors encounter affected soil or water or debris during this project, a site investigation and remediation in accordance with MPCA Guidelines and Dakota County Ordinances may be required. Please contact the Dakota County Wa er Resources Department for assistance. Act ve wells were not identified on the proposed development site. Since 1974, all water wel s constructed in Minnesota have been required to meet location and construction requirements of the Minnesota Well Code. Wells are used for domestic and municipal drinking water supply, water quality monitoring, and irrigation. Dakota County monitors wel s because as they age, they may deteriorate and lose their ability to keep surface cortaminants and contaminated groundwater from polluting deeper aquifers. Because of t,iese concerns, Dakota County requires that when property is transferred to a new owner, all unused wells must be sealed, or updated to current standards for use and permitted annually. State law requires that a seller who fails to properly disclose a well ma � be liable for well sealing costs for up to six years after the property is sold. Please contact the Dakota County Water Resources Department Well Program at 952 - 891 -7553 for additional information, or if any wells are discovered on the site. Environmental Review — D.R. Horton - Prestwick Place 2nd Addition, Rosemount Wetlands were identified within ' /z mile of the proposed development site. Caution shoL .Id be taken to avoid adverse affects to these areas. Refer to the attached figures for locations of these areas. Wetland classification is from the National Wetland Inventory. Discaimer: The information in this environmental review is made available as a public service. This information is to be used for reference purposes only. Dakota County makes no representation or warranties, expressed or implied, with respect to the data provided herein, rega d less of its format or means of transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability or reliability of this data for any purpose. The user accepts the data "as is" and assumes all risks associated with its use. Any information, opinions, or cc-mments contained herein do not excuse or exempt any person from abiding by all applicable fede al, state, or local laws, ordinances, rules and regulations. If any discrepancies, inaccuracies, or in ;onsistencies are found, please contact the Dakota County Water Resources Department at 952-391-7532. Environmental Review — D.R. 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