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HomeMy WebLinkAbout7.a. Request by Copper Creek Development for Final Plat Approval of Dunmore 2nd Addition EXECUTIVE SUMMARY Planning Commission Regular Meeting: March 19, 2018 Tentative City Council Meeting: April 17, 2018 AGENDA ITEM: 18-13-FP: Request by Copper Creek Development for Final Plat Approval of Dunmore 2nd Addition AGENDA SECTION: New Business PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 7.a. ATTACHMENTS: Site Location; Dunmore 2nd Addition Final Plat; Dunmore PUD Agreement; Preliminary Plat; Landscape Plan; Grading Plan; Engineer’s Memo date March 14, 2018; Parks and Recreation Memo dated March 13, 2018. APPROVED BY: K.L. RECOMMENDED ACTION: Motion to recommend that the City Council approve the Final Plat for the Second Phase of Dunmore, subject to the following conditions: 1. Execution of a Subdivision Agreement. 2. Trees installed on individual lots shall be planted in a location that does not interfere with curb stops or individual sewer or water connections. 3. Drainage and utility easements with storm sewer infrastructure may contain fences but shall be required to include gates to provide truck access; shall prohibit sheds or other accessory structures; and shall prohibit landscaping that would impede drainage. 4. Provision of $39,600 as a landscaping security. 5. Payment of $85,000 for fee-in-lieu of Park Dedication. 6. Compliance with the conditions and standards within the Park and Recreation Director’s Memorandum dated March 13, 2018. 7. Compliance with the conditions and standards within the City Engineer’s Memorandum dated March 14, 2018. 8. The developer provide a disclosure statement, to be signed by prospective buyers of lots 17 through 25, Block 1, making them aware of the potential for standing water on the lots because grading wasn’t conducted to preserve trees. 9. The developer must submit an existing conditions and removal plan showing the removals associated with Dodd Boulevard. 2 SUMMARY Applicant: Copper Creek Development, LLC. Comp. Guide Plan Designation: TR-Transitional Residential Current Zoning: R-1, Low Density Residential with the Dunmore Planned Unit Development (R-1: PUD) Gross Area: 10.69 Acres Net Area: 7.04 Acres Lots/Units: 25 Single Family Lots Gross Density: 2.33 units/acre Net (Met Council) Density: 3.55 units/acre Copper Creek Development has submitted an application for approval of a Final Plat for the second phase of Dunmore, a development located west of South Robert Trail, south of 132nd Street West, and east of Glendalough. The final plat creates 25 new single-family lots within approximately seven acres of land. Additionally, an outlot is included in the final plat to encompass a stormwater pond to serve both Dunmore and adjacent properties. The proposed final plat is consistent with the Dunmore Preliminary Plat and the Comprehensive Plan. Staff recommends the approval of the request, subject to conditions detailed in the motion above. BACKGROUND In June of 2015, Copper Creek Development received approval from the City Council for a preliminary plat, Planned Unit Development (PUD) master development plan with rezoning, and zoning ordinance amendment for the 87 single-family-lot Dunmore development. Subsequently, the applicant received approval for the final plat of the first phase of development of Dunmore in June of 2017 to create 30 single-family lots. Following development of this second phase, Copper Creek plans on one additional phase of development. That third phase will contain a small “pocket park” within a parcel along South Robert Trail. The land for the park will be dedicated to the City with the approval of the third phase. No public comments were received at the time the final plat for the first phase was reviewed by the Planning Commission and City Council. ISSUE ANALYSIS Legal Authority The final plat application is Quasi-Judicial because the City has a set of standards and requirements for reviewing this type of application that is described in detail below. Generally, if the final plat meets the ordinance requirements it must be approved. Land Use and Zoning The proposed subdivision of 25 single-family lots is consistent with the current land use and zoning classifications. The subject property is guided TR-Transitional Residential and zoned R1 PUD-Low Density Residential Planned Unit Development. Therefore, the property is subject to all the standards of the R1-Low Density Residential zoning district in addition to the standards for single family detached units contained in the approved Dunmore PUD. The Planned Unit Development that was approved in June of 2015 contained the following deviations from the R1 standards: the allowance of two car garage designs; reduction in the minimum lot size for interior lots from 10,000 square feet to 7,000 square feet, and 12,000 square feet to 8,750 square feet for corner lots; reduction in the minimum lot width for interior lots from 80 feet to 60 feet, and 95 feet to 77.5 feet for corner lots; reduction in the front yard setback from 30 feet to 25 feet for Blocks 1 and 3, and twenty feet for Block 2; reduction in the side yard setback from 10 feet to 7.5 feet; and the increase of the maximum lot coverage tiered from 30% to 45% depending upon lot size. The PUD also removes the requirement of increased setbacks from South Robert Trail (Minnesota Highway 3) and allows the cul-de-sac on Caffrey Court to exceed the maximum length of 700 feet allowed for cul-de- sacs and dead end streets by 150 feet. R-1 Low Density Dunmore PUD Zoning 3 Residential Zoning Standards Minimum Lot Width 80 Feet 60 Feet Minimum Lot Size 10,000 Square Feet 7,000 Square Feet Minimum Front Yard Setback 30 Feet 20 to 25 Feeta Minimum Side Yard Setback 10 Feet 7.5 Feet Minimum Rear Yard Setback 30 Feet 30 Feet Maximum Lot Coverage 30% 30% to 45%b a Block 2 lots only would be 20 ft. front setback, all others would be 25 ft. b For lots with areas less than 8,250 SF, maximum lot coverage would be 45% For lots with areas greater than 8,250 SF, but less than 9,750 SF, maximum lot coverage would be 40% For lots with areas greater than 9,750 SF, but less than 11,250 SF, maximum lot coverage would be 35% For lots with areas greater than 11,250 SF, maximum lot coverage would be 30% Final Plat Standards for reviewing subdivision requests are detailed in Title 12 of the Rosemount City Code. This section of the Code outlines the two-step process for land subdivision. This process includes approval of the Preliminary Plat and the Final Plat. In this case, the preliminary plat was approved on June 16, 2015 creating 90 lots for future development, three of which are to be dedicated for a park. The final plat contains 25 lots for the construction of single family homes. Parks and Open Space The Dunmore 2nd Addition creates 25 buildable lots from 7.04 acres. Land for the neighborhood park located between the future Cadogen Way and South Robert Trail will not be dedicated until the third phase of development of Dunmore. Therefore at this time, Parks and Recreation staff recommends collecting fee-in-lieu of parkland dedication for the 25 lots in this final plat. Based upon the current fee schedule the amount the applicant is required to pay is $85,000 ($3,400 x 25 units). Engineering Comments Comments provided by the City’s project engineer are consistent with those provided in previous memos regarding the Dunmore. Of note is the grading of the sites along the western boundary of the development. In an effort to retain as many trees as possible, a number of lots that back up to the western boundary of the site do not meet the 2% slope required to move water. Like similar lots in the first addition, the home builders are required to notify potential buyers of these lots that the potential exists for standing water following heavy rains and during spring thawing. Additional comments relate to the remaining stormwater credit due to the developer for the provision of regional stormwater ponding that serves adjacent properties and the design of the lift station that is planned to be constructed with this phase of development. Finally, because Dodd Boulevard is not extending into the development from the south, the developer is required to remove approximately 200 feet of Dodd Boulevard located south of the site and north of the northern driveway that serves the Carbury Hills townhomes. An existing conditions and removal plan is required showing the removals associated with Dodd Boulevard south of the Dunmore development site. The full engineer’s memo is included with the attachments. CONCLUSION AND RECOMMENDATION Staff recommends approval of the Final Plat for Dunmore 2nd Addition creating 25 single family lots. This recommendation is based on the information submitted by the applicant, findings made in this report, and the conditions detailed in the attached memorandums. 1 DECLARATION OF COVENANTS AND RESTRICTIONS DUNMORE (ROAD “A” CUL-DE-SAC) MASTER DEVELOPMENT PLAN PLANNED UNIT DEVELOPMENT AGREEMENT THIS DECLARATION made this 16th day of June, 2015, by Copper Creek Development, LLC, a Minnesota corporation (hereinafter referred to as the “Declarant”); WHEREAS, Declarant is the owner of the real property as described on Attachment One, attached hereto and hereby made a part hereof (hereinafter collectively referred to as the “Subject Property”); and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Rosemount (hereinafter referred to as the “City”) in connection with the approval of an application for a master development plan planned unit development for a residential development on the Subject Property; and WHEREAS, the City has approved such development on the basis of the determination by the City Council of the City that such development is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the master development plan planned unit development would not have been approved; and 2 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. 2015 - 49, Attachment Two b. Preliminary Plat, Attachment Three c. Preliminary Grading Plans (Sheets C2-1 and C2-2), Attachments Four and Five d. Preliminary Utility Plans (Sheets C3-1 and C3-2), Attachments Six and Seven e. Tree Replacement Plan, (Sheets C5-1 and C5-2), Attachment Eight and Nine f. Tree Preservation Calculations, Attachment Ten. 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: 3 a. Maintenance of the stormwater basin, infiltration basin and associated stormwater infrastructure necessary for the long term operation and function will be performed by the City. All other maintenance including but not limited to garbage collection, or landscape replacement or the like shall be the responsibility of the of the private property owners. All maintenance of the stormwater basin and infiltration basin shall be the responsibility of the City after the basins have been established. b. Maintenance and replacement of trees and landscaping other than that associated with the stormwater basin and infiltration basin described in standard a. shall be the responsibility of the adjoining homeowners’ association. c. The front elevation design shall including one of the following features: 1) Three and a half (3.5) feet of brick or stone wainscoting, excluding doors, windows or the wall behind the front porch; 2) A front porch with railing that extends at least 30% of the width of the front elevation, including the garage; 3) A side entry garage; 4) Or no more than 70% lap siding, excluding doors and windows. 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: 4 a. Section 11-2-15 F. Single Family Detached Dwelling Garage Requirements: The home designs do not need to include an option for a three garage stall. b. Section 11-4-5 F. 1. R-1 Minimum Lot Area: Reduce the interior lot minimum area of 10,000 to 7,000 square feet and corner lot minimum area from 12,000 to 8,750 square feet. c. Section 11-4-5 F. 2 . R-1 Minimum Lot Width: Reduce the minimum lot width to sixty (60) feet for interior and seventy seven and one half (77.5) feet for corner lots. d. Section 11-4-5 F. 4. R-1 Minimum Front Yard Setback: Reduce the front yard setback to twenty five (25) feet for Blocks 1 and 3; and to twenty feet (20) feet for Block 2. e. Section 11-4-5 F. 5. R-1 Minimum Side Yard Setback: Reduce the side yard setback to seven and one half (7.5) feet. f. Section 11-4-5 F. 9. R-1 Maximum Lot Coverage: Increase the maximum lot coverage to forty five percent (45%) for lots less than 8,250 square feet; to forty percent (40%) for lots between 8,250 square feet and 9,750 square feet in size and thirty five percent (35%) for lots between 9,750 square feet and 11,250 square feet. g. Section 11-5-2 C. 6. b. Minor Arterial Highway Setback Enlargement: Remove the requirement of increasing setbacks from Minnesota Highway 3. h. Section 12-3-1 K. Cul-de-sac Length: Allow the cul-de-sac for Road A up to eight hundred fifty (850) feet in length. In all other respects the use and development of the Subject Property shall conform to the requirements of the Paragraphs 1 and 2 of this Declaration and the City Code of Ordinances. 5 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. 6. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City of Rosemount acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. 6 IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. DECLARANT Copper Creek Development, LLC ___________________________________ By Gregory Schweich Its Partner STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ___ day of _________, 2015, by _____________________, the _________________, for and on behalf of _________________________, a ____________________, by and on behalf of said _______________________. _______________________________ Notary Public 7 This Amendment is approved and consented to by the City Council of the City of Rosemount. CITY OF ROSEMOUNT By: William H. Droste, Mayor And by: Clarissa Hadler, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of ___________, 2015, by William H. Droste and Clarissa Hadler, the Mayor and City Clerk, respectively, for and on behalf of the City of Rosemount, a Minnesota corporation, by and on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF ROSEMOUNT 2875 145TH STREET WEST ROSEMOUNT, MN 55068 651-423-4411 MEMORANDUM DATE: March 14, 2018 TO: Anthony Nemcek, Planner CC: Kim Lindquist, Community Development Director Brian Erickson, Director of Public Works/City Engineer Stacy Bodsberg, Planning & Personnel Secretary FROM: Mitch Hatcher, Project Engineer RE: Dunmore 2nd Addition - Final Plat Review SUBMITTAL: Prepared by Rehder and Associates, Inc., the Dunmore Grading Plan is dated July 6, 2017. Engineering review comments were generated from the following documents included in the submittal:  Grading Plan Set ▫ Cover Sheet ▫ Grading, Drainage, & Erosion Control Plan ▫ Road Profile Plan ▫ Tree Removal Plan ▫ Details  Final Plat GENERAL COMMENTS: 1. The development fees below are estimated based on the current Schedule of Rates and Fees. These fees are due with the final plat and subdivision agreement.  Sanitary Sewer Trunk Charge: $1075/acre  Watermain Trunk Charge: $6500/acre  Storm Sewer Trunk Charge: $6865/acre 2. The developer is providing regional ponding for adjacent properties and has received a stormwater ponding credit. A remaining credit of $32,156.45 will be applied to the Storm Water Trunk Area charges and detailed in the Subdivision Agreement. 3. The developer will be responsible for grading the regional trail and Dakota County will be responsible for the cost of the future construction of the regional trail. 4. The developer is required to obtain a NPDES Construction Stormwater Permit and provide a copy of the approved SWPPP to the City prior to the issuance of a grading permit and start of any construction activity. 5. All work occurring within the Williams Pipeline Easement shall be by agreement or permit. An agreement or permit between the developer and Williams Pipeline shall be submitted to the City. 6. Drainage and utility easements are required over all outlots. 7. The width of drainage and utility easements over all public utilities shall be verified during final design. 8. A “No Grading” area is shown in several locations on the grading plan in an effort to preserve the existing trees on the property. This area may not meet the city’s minimum grade 2% and there may occasionally be standing water after rain events or irrigating. The developer is required to notify future property owners of the grading limitations on these properties. 9. The development is required to include the removal of approximately 200 feet of road and sidewalk on Dodd Boulevard, south of the southern property line. The removal limits will extend to the northern driveway and a new curb will be installed to create a curved access to the southern development. An existing conditions and removal plan is required showing the removals associated with Dodd Boulevard. 10. Geotechnical and soil boring information should be provided to the City for review. 11. The alignment and profile of the regional trail should be reviewed and approved by Dakota County. Grading of the regional trail is required to be completed by the developer. The cost of paving the regional trail shall be provided by Dakota County. STORMWATER MANAGEMENT COMMENTS: 12. Easements are required over all stormwater ponds, infiltration basins, wetlands, and buffers. Signage for easements shall be provided by the developer and an extended 5-year maintenance warranty shall be required to ensure establishment of the naturally vegetated areas. Costs associated with the establishment of the naturally vegetated areas and the 5-year maintenance period shall be a cost of the development. 13. Storm sewer is proposed along the side and back lot lines of certain properties to convey rear yard drainage. Drainage and utility easements along these lines shall prohibit the installation of sheds to ensure that access can be provided for storm sewer maintenance. Fences are allowed but shall not restrict drainage and are required to include gates for truck access over the drainage and utility easement. Also, landscaping that will block access should be prohibited. These restrictions should be added as a restriction on the property deed. 14. Assumptions for infiltration rates have been provided. Double ring infiltration testing is required to be performed at the time of grading to verify the design infiltration rates. This information shall be submitted to the City for review. 15. The stormwater lift station is required to be installed with this phase of development. The city is currently evaluating if the design and construction of the lift station will be a separate City project, or if it will be completed with the privately administered construction of the 2nd Addition Street & Utilities. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015. MEMORANDUM To: Kim Lindquist, Community Development Director Kyle Klatt, Senior Planner Anthony Nemcek, Planner Brian Erickson, City Engineer/Public Works Director Mitch Hatcher, Project Engineer From: Dan Schultz, Parks and Recreation Director Date: March 13, 2018 Subject: Dunmore Second Addition Final Plat Parks and Recreation staff recently reviewed the plans for the Dunmore second Addition Final Plat and has the following recommendations: • Staff is recommending that the City collect cash in-lieu of land to satisfy the parks dedication requirements for the Second Addition Final Plat of the Dunmore Development. Staff is expecting to collect the land dedication for the future City park with the third phase of the project. The cash in-lieu of land dedication amount for the 2nd phase of the project is $85,000 ($3,400 x 25 units). Please let me know if you have any questions about this memo.