HomeMy WebLinkAbout06.l. Request by Prestwick, LLC for Final Plat Approval for Prestwick Place 15th Addition
EXECUTIVE SUMMARY
City Council Regular Meeting: May 15, 2018
AGENDA ITEM: Request by Prestwick, LLC, for Final Plat
Approval for Prestwick Place 15th
Addition
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO: 6.l.
ATTACHMENTS: Final Plat Resolution; Subdivision
Agreement; Site Location; Final Plat;
Preliminary Plat, Grading Plan; Easement
Vacation Sketch; Planning Commission
Meeting Minutes; Engineer’s Memo dated
April 16, 2018; Parks and Recreation
Memo dated April 19, 2018
APPROVED BY: LJM
RECOMMENDED ACTION: The Planning Commission and staff recommend the City
Council adopt the following motions:
1) Motion to Adopt a Resolution Approving the Final Plat for Prestwick Place 15th
Addition subject to conditions.
2) Motion to Approve the Subdivision Development Agreement for Prestwick Place 15th
Addition and Authorizing the Mayor and City Clerk to enter into this Agreement.
SUMMARY
Applicant: Prestwick, LLC. (Scott Johnson)
Comp. Guide Plan Designation: LDR – Low Density Residential
Current Zoning: R-1-PUD Low Density Residential with the Prestwick Place
Planned Unit Development (R-1: PUD)
Gross Area: 42.462 Acres
Net Area: 14.042 Acres
Lots/Units: 39 Single Family Lots
Gross Density: 0.92 units/acre
Net (Met Council) Density: 2.78 units/acre
The Planning Commission is being asked to consider a Final Plat request from Prestwick, LLC for
Prestwick Place 15th Addition to allow development of 39 single-family lots. The final plat is necessary to
facilitate subdivision of the property into individual residential lots, outlots, and public streets. Staff finds
the application consistent with the Prestwick Place 13th Addition Preliminary Plat (which covers this area)
and recommends approval of this application subject to the conditions listed above.
PLANNING COMMISSION REPORT
The Planning Commission reviewed the Final Plat Request on April 24th, 2018. The Commission
discussed the layout of the sidewalks and asked for clarification which streets were required to have
sidewalks on both sides as part of the preliminary plat approval. The Planning Commission voted
unanimously to recommend approval of the Final Plat with the conditions as recommended by staff.
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BACKGROUND
The Planning Commission reviewed a preliminary plat and planned unit development (PUD) master
development plan for Prestwick Place 13th Addition to allow 191 lots on 73 acres at its July 26, 2016
meeting. The City Council approved the preliminary plat and PUD plans at a later meeting based on the
recommendation of the Planning Commission with a slight reduction in the overall number of lots to 186.
The applicant subsequently submitted a final plat for the first phase of development within the plat area,
which was approved on September 6, 2017. The first phase was located along Akron Avenue in the far
eastern portion of the preliminary plat area. Subsequently, the applicant requested approval for the second
phase of development, but rather than continuing to plat lots from east to the west, the applicant
proposed shifting to the far western portion of the project area for the second phase. The primary reason
for the revised phasing was to be able to construct a model home closer to Connemara Trail and provide
more direct access into the development from Connemara Trail.
The proposed final plat represents the third development phase within the Prestwick 13th preliminary plat
area, and would create 39 single-family lots clustered near the center of the development. In addition to
the residential lots, the applicant will be dedicating right-of-way for a an extension of 140th Street, ending
in a cul-de-sac to be named 140th Court, to serve the subdivision, along with a small segment of Abercorn
Avenue and a new road to be called Ashbrook Path that will be located completely within the Prestwick
13th development. The Prestwick Place 15th Addition final plat will maintain 2 large outlots reserved for
future project phases.
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 39 lot single family development is consistent with the land use and
zoning classifications for the project area. The subject property is guided LDR – Low Density Residential
and zoned R-1, Low Density Residential with the Prestwick Place 13th Addition Planned Unit Development
(PUD). As a result, the property is subject to all the standards of the R-1, Low Density Residential zoning
districts as well as the standards for detached single family units contained in the PUD. The Prestwick PUD
included several deviations from the base R-1 zoning; the most notable include the following:
1. 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.
2. Section 11-4-5 F. 1. R-1 Minimum Lot Area: The minimum lot area shall be 8,600 square feet for
interior lots and 10,200 square feet for corner lots.
3. Section 11-4-5 F. 2. R-1 Minimum Lot Width: The minimum lot width shall be 65 feet for interior
lots and 80 feet for corner lots.
4. Section 11-4-5 F. 4. R-1 Minimum Front Yard Setback: The minimum front yard setback shall be
25 feet.
5. Section 11-4-5 F. 5. R-1 Minimum Side Yard Setback: The minimum side yard setback shall be
7.5 feet.
6. Section 11-4-5 F. 9. R-1 Maximum Lot Coverage: The maximum lot coverage shall be forty
percent (40%) for lots less than 9,750 square feet in size and thirty five percent (35%) for greater
than 9,750 square feet.
Overall, the final plat conforms to the R-1 district standards and Prestwick PUD requirements, with the
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smallest lot within this project phase at a little over 8,600 square feet and the width of the narrowest lot at 65
feet. Many of the other standards are addressed at the building permit stage when an individual site survey is
reviewed by the City.
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 Preliminary and Final Plat process for land
subdivision. In this case, the preliminary plat was approved on September 6, 2016 consisting of 186 single
family lots. The current application proposes to plat 39 single family lots for Prestwick Place 15th Addition
and to dedicate the easements necessary to construct the storm water retention area within the overall
development area. The developer has made some very minor modifications to the preliminary plat in
order to accommodate wider easements over certain lots as required by the City Engineer. Taking these
adjustments into account, the Prestwick Place 15th Addition Final Plat is consistent with the approved
Prestwick Place 13th Addition Preliminary Plat.
In conjunction with the final plat request, the developer is also proposing to vacate existing drainage and
utility easements that were provided over this area. The existing blanket easement will then be replaced
with easements as delineated on the final plat. The map showing existing easements to be vacated is
provided for information. Due to public notice statutes, the vacation of the easements will not be
addressed by Council until the June 5th, 2018, Council meeting. The applicant has been made aware of this
timeline and has indicated that this is not a problem.
Parks and Open Space. The Prestwick Place 15th Addition creates 39 buildable lots from 14.04 acres.
Land was previously dedicated for Ailesbury Park, there for staff is recommending that the developer pay
cash in lieu of land to fulfill the parks dedication requirement. The total amount to be provided is
$132,600 (39 units x $3,400 per unit).
Engineering
The preliminary plat approval included a condition to add a sidewalk along the north side of 140th Ct. The
plans proved by the developer do not show the sidewalk extension on 140th Ct. Staff is recommending a
condition of approval to provide updated plans prior to Council approval.
RECOMMENDATION
Staff is recommending approval of the final plat, subject to conditions, based on the information provided
by the applicant and reviewed within this report.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018 -
A RESOLUTION APPROVING THE FINAL PLAT
FOR PRESTWICK PLACE 15th ADDITION
WHEREAS, Prestwick, LLC, 350 Highway 7, Suite 125, Excelsior, MN (Applicant) has submitted an
application to the City of Rosemount for a Final Plat concerning property legally described as follows:
Outlot A, Outlot B, and Outlot C PRESTWICK PLACE 14TH ADDITION, according to the
recorded plat thereof, Dakota County, Minnesota.
WHEREAS, on April 24, 2018, the Planning Commission of the City of Rosemount reviewed the Final
Plat for Prestwick Place 15th Addition; and
WHEREAS, on April 24, 2018, the Planning Commission recommended approval of the Final Plat for
Prestwick Place 15th Addition, subject to conditions; and
WHEREAS, on May 15, 2018, the City Council of the City of Rosemount reviewed the Planning
Commission’s recommendations and the Final Plat for Prestwick Place 15th Addition.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Final Plat for Prestwick Place 15th Addition, subject to the following conditions:
1. Execution of a subdivision agreement.
2. 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.
3. Conservation easements shall be recorded over all wetlands, wetland buffers, stormwater ponds and
stormwater buffer strips. Fences are not allowed in the conservation easements.
4. Sidewalk should be extended along the north side of 140th Court.
5. Provision of $14,520 for Landscaping Surety.
6. Provision of $132,600 for Fee-in-Lieu of Park Dedication.
7. Compliance with the conditions and standards within the City Engineer’s Memorandum dated April
16, 2018.
ADOPTED this 15th day of May 2018, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Jeff May, Deputy City Clerk
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SUBDIVISION AGREEMENT
Prestwick Place 15th Addition
AGREEMENT dated this ________ day of ________________________, 2018, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and PRESTWICK, LLC, a Minnesota
limited liability company, (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land
and a plat of land to be known as Prestwick Place 15th Addition, which land is legally described on
ATTACHMENT ONE, attached hereto and hereby made a part hereof (hereinafter referred to as the
“subject property”).
2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following
conditions:
a. Incorporation of recommendations of the City Engineer concerning design and installation of
public infrastructure and including grading, erosion control, streets and utilities.
b. Execution of a Subdivision or Development Agreement to secure the public and private
improvements.
c. Payment of all applicable fees including G.I.S., Park Dedication and other fees identified in the
current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, trails,
underpasses, conservation areas, streets and utilities.
e. Payment of $177,535 for the Developer’s share of Connemara Trail extension project, as
indicated on ATTACHMENT TWO.
f. Payment of $3,909 for the Developer’s share of the construction of Akron Avenue, as indicated
on ATTACHMENT TWO.
3. Phased Development. The City may refuse to approve final plats of subsequent additions of the
plat if the Developer has breached this Agreement and the breach has not been remedied.
Development of subsequent phases may not proceed until Subdivision Agreements for such phases
are approved by the City.
4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size,
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lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the
contrary, to the full extent permitted by state law, the City may require compliance with any
amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication
requirements enacted after the date of this Agreement.
5. Development Plans. The subject property shall be developed in accordance with the following
plans, specifications and contract documents, original copies of which are on file with the City
Engineer. The plans and contract documents may be prepared, subject to City approval, after
entering this Agreement, but before commencement of any work on the Subject Property. If the
plans vary from the written terms of this Agreement, the written terms shall control. The plans are:
Plan A - Plat
Plan B - Soil Erosion Control Plan and Schedule
Plan C - Drainage and Storm Water Runoff Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Grading Plan and House Pad Elevations
Plan F - Street Lights
Plan G - Landscape Improvements
All Improvements, including Developer Improvements and City-Installed Public Infrastructure
Improvements (if any) that lie within the public right-of-way or easements and are improvements
listed in Minnesota Statutes, Section 429.021 (hereinafter Public Improvements) will be designed by
the City Engineer at Developer’s expense. The City Engineer will prepare plans and specifications
for Public Improvements and will perform all construction administration for the Public
Improvements, all at Developer expense. Construction administration includes but is not limited to
inspection, documentation, as-builts, surveying, field staking, testing and monitoring.
6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, hereinafter referred to as the “Developer Improvements”:
A. Surveying and staking
B. Surface improvements (paved streets, sidewalks, trails, etc.)
C. Water main improvements
D. Sanitary sewer improvements
E. Storm sewer improvements
F. Setting of lot and block monuments
G. Gas, electric, telephone, and cable lines
H. Site grading
I. Landscaping
J. Streetlights
K. Other items as necessary to complete the development as stipulated herein or in other
agreements
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7. Time of Performance. The Developer shall install all required improvements enumerated in
Paragraph 6 that will serve the subject property by December 31, 2018, subject to delays due to
inclement weather, casualty, labor strikes, material shortages, or other force majeure not within the
Developer’s reasonable control. The Developer may, however, request an extension of time from the
City. If an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion date.
8. City-Installed Public Infrastructure. The following improvements, hereinafter referred to as “City-
Installed Public Infrastructure Improvements” (known as City Project 2018-14), shall be designed,
inspected, surveyed and administered by the City, and installed in the Subject Property at Developer
expense by a Contractor selected by the City through the public bidding process:
A. None
9. [This Section Intentionally Left Blank]
10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement,
payment of the costs of all Developer Improvements, and construction of all Developer
Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash deposit or
irrevocable letter of credit from a local bank (“security”) in the amount of One Million, One Hundred
Twenty-Six Thousand, Ninety Dollars ($1,126,090). The amount of the security was calculated as
follows:
Cost 110%
Grading & Erosion Control $49,140 $54,054
Pond Restoration and Erosion Control Removal $25,000 $27,500
Survey Monumentation $19,500 $21,450
Landscaping (44 trees) $13,200 $14,520
Street Lighting (4 lights) $16,000 $17,600
Buffer Monumentation (7 signs) $350 $385
Cost 125%
Surface Improvements $332,315 $415,394
Water Main Improvements $147,003 $183,754
Sanitary Sewer Improvements $140,317 $175,396
Storm Sewer Improvements $172,830 $216,038
Total $915,655 $1,126,090
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with all terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with written notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2)
weeks of receiving notice, the City may draw on the letter of credit and take such steps as it deems
necessary to remedy the default. With City approval, the letter of credit may be reduced from time to
time as financial obligations are paid and Developer Improvements and other Developer obligations
are completed to the City’s requirements.
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11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be coordinated by
the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
development to the City as the site grading is completed by phase, with street and lot grades. If the
installation of utilities by the City is occurring simultaneously with the grading, the utility contractor
shall have preference over the grading activities. No substantial grading activities can be completed
over installed utilities unless otherwise protected. All improvements to the lots and the final grading
shall comply with the grading plan as submitted and shall be the responsibility of the Developer.
12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Subject Property to perform all work and inspections deemed appropriate by the
City. Such license shall terminate as to all single-family residential lots within the subject property
upon acceptance by the City of the public infrastructure improvements.
13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by
the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72
hours after the completion of the work in that area. Except as otherwise provided in the erosion
control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a
temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as
necessary for seed retention.
All basement and/or foundation excavation spoil piles shall be kept completely off City right-of-way
and shall be completely surrounded with an approved erosion control silt fence. Approved erosion
control fencing shall be installed around the perimeter of each lot or at City-approved locations at the
time of building permit issuance and remain in place until the lot is seeded or sodded. A 20-foot
opening will be allowed on each lot for construction deliveries.
The parties recognize that time is critical in controlling erosion. If development does not comply with
the erosion control plan and schedule, or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion. This right also applies to the required
erosion control for basement and/or foundation excavation spoil piles. The City will attempt to
notify the Developer in advance of any proposed action, but failure of the City to do so will not affect
the Developer’s or City’s rights or obligations hereunder. If the Developer does not reimburse the
City for any cost the City incurred for such work within thirty (30) days, the City may draw down the
letter of credit to pay any costs. No development will be allowed, and no building permits will be
issued unless the Subject Property is in full compliance with the erosion control requirements.
14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the
City Planner.
15. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction
work by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and
determine whether it is necessary to take additional measures to clean dirt and debris from the streets.
After 24 hours verbal notice to the Developer, the City will complete or contract to complete the
clean-up at the Developer’s expense in accordance with the procedures specified in Paragraph 13. The
Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of
erosion/siltation and restore to the original condition at the end of home construction within this
development. All silt fence and other erosion control should be removed following the establishment
of turf. These items are to be secured through the letter of credit as is noted in Exhibit A.
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16. Ownership of Improvements. Upon completion and City acceptance of the work and construction
required by this Agreement, the Public Improvements lying within public rights-of-way and easements
shall become City property without further notice or action unless the improvements are specifically
identified herein as private infrastructure.
17. Warranty. The Developer warrants all work required to be performed by it against poor material and
faulty workmanship for a period of two (2) years after its completion and acceptance by the City or
such longer period as is specified in plans and specifications prepared by the City Engineer for
Developer Improvements that are Public Improvements. All trees, grass and sod shall be warranted
to be alive, of good quality and disease free for twenty-four (24) months after planting. Vegetation
surrounding ponds and/or wetlands shall be warranted to be alive, of good quality and weed free for
three (3) years after planting. For each pond/wetland in the development, the developer shall provide
to the City Engineer an inspection report by July 31 each year which includes the following:
A. Date of inspection
B. Name of person responsible for inspection
C. Photos of the pond/wetland area confirming the vegetation is established as intended
D. Maintenance plan describing the required maintenance activities and tentative schedule.
18. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the Subject Property including, but not limited to, Soil
and Water Conservation District charges, legal, planning, engineering and inspection expenses
incurred in connection with approval and acceptance of the subdivision and the plat, the
preparation of this Agreement and any amendments hereto, and all costs and expenses incurred
by the City in monitoring and inspecting the development of the Subject Property.
B. The Developer shall hold the City and its officers and employees harmless from claims made by
itself and third parties for damages sustained or costs incurred resulting from plat or subdivision
approval and development of the Subject Property, except for any costs or expenses arising
from the negligence or other wrongful acts or omissions of the City, it’s agents, employees or
contractors. The Developer shall indemnify the City and its officers and employees for all costs,
damages or expenses that the City may pay or incur in consequence of such claims, including
attorney’s fees.
C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement of
this Agreement, including engineering and attorney’s fees. Upon request, the City shall provide
invoices, in reasonable detail, as to any such fees. The remaining estimated City fees of $148,691
shall be deposited with the City at the time this Agreement is signed, and represent the following
amounts:
$12,000 Engineering Review Fees
$118,870 Construction Monitoring Fees (15%)
($40,000) Design Fees Paid To-Date (received 04/30/18)
$2,500 Attorney Fees
$39,623 5% City Fees (based on engineer’s estimate of $792,465)
$2,880 Street Light Energy Cost
$2,340 GIS Fees
$10,478 Seal Coating
$148,691 Total Amount Due
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If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the
City within ten (10) days of the request. If actual City fees are lower than this estimate, any
surplus funds will be returned to the developer when the project fund is reconciled and closed.
D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt development work and construction including, but not limited to, the issuance of
building permits for lots that the Developer may or may not have sold, until the bills are paid in
full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%)
per year.
E. The Developer shall pay all energy costs for street lights installed within the Subject Property for
24-months at a cost of $30/month/light. After that, the City will assume the energy costs.
F. The Developer will pay the cost of sealcoating the streets within the development at a cost of
$1.70/SY. The sealcoating will be completed within three (3) years following wear course
placement.
G. The Developer will pay the cost of fog sealing the trails within the development at a cost of
$0.20/SF. The fog sealing will be completed within three (3) years following trail installation.
19. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the
time of execution of this agreement by the City:
A. Park dedication fees in the amount of $132,600
B. Storm Sewer Trunk Area Charges in the amount of $91,030
C. Sanitary Sewer Trunk Area Charges in the amount of $15,093
D. Watermain Trunk Area Charges in the amount of $91,260
E. Akron Avenue assessment in the amount of $3,909
F. Connemara Trail assessment in the amount of $177,535
Or other amounts for such fees as in effect at the time of plat approval.
20. The Developer understands that builders will be required to pay for the Subject Property fees, charges
and assessments in effect at the time of issuance of building permits. The rates for each of these items
will be set according to the current rate structure at the time the building permit is received. The fees,
charges, and assessments in effect as of the date of this agreement are:
A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is
$2,485).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single
family currently at $770; multi-family currently at $290 per housing unit).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200/SAC unit).
D. Water Availability Charges per SAC unit (currently at $2,400/SAC unit for single family
residential and multi-family residential).
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21. Building Permits. No occupancy permits shall be issued until:
A. The site grading is completed and approved by the City.
B. All public utilities are tested, approved by the City Engineer, and in service.
C. All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
E. All building permit fees are paid in full.
F. No early building permits will be issued.
The Developer, in executing this Agreement, assumes all liability and costs for damage or delays
incurred by the City in the construction of Public Improvements caused by the Developer, its
employees, contractors, subcontractors, material men or agents. No occupancy permits shall be issued
until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the City
(excluding the final wear course of bituminous), unless otherwise authorized in writing by the City
Engineer.
22. Record Drawings. At project completion, Developer shall submit record drawings of all public and
private infrastructure improvements in accordance with the City’s Engineering Guidelines. No
securities will be fully released until all record drawings have been submitted and accepted by the City
Engineer.
23. Developer’s Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for
the City to act, and it shall not be necessary for the City to seek a court order for permission to enter
the land. When the City does any such work, the City may, in addition to its other remedies, draw on
the letter of credit or other security described in section 10, or levy the cost in whole or in part as a
special assessment against the Subject Property. Developer waives its rights to notice of hearing and
hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes,
Section 429.081.
24. Miscellaneous.
A. The Developer represents to the City that the development of the Subject Property, the
subdivision and the plat comply with all city, county, metropolitan, state and federal laws and
regulations including, but not limited to: subdivision ordinances, zoning ordinances and
environmental regulations. If the City determines that the subdivision, or the plat, or the
development of the Subject Property does not comply, the City may, at its option, refuse to
allow construction or development work on the Subject Property until the Developer does
comply. Upon the City’s demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Agreement.
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E. If building permits are issued prior to the completion and acceptance of Public Improvements,
the Developer assumes all liability and costs resulting in delays in completion of Public
Improvements and damage to Public Improvements caused by the City, the Developer, its
contractors, subcontractors, material men, employees, agents or third parties.
F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions
of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City’s failure to promptly
take legal action to enforce this Agreement shall not be a waiver or release.
G. This Agreement shall run with the land and may be recorded against the title to the subject
property. The Developer shall take such steps, including execution of amendments to this
Agreement, as are necessary to effect the recording hereof. After the Developer has completed
the work required of it under this Agreement, at the Developer’s request, the City will execute
and deliver to the Developer a release.
H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to the
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often and
in such order as may be deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
I. The Developer may not assign this Agreement without the written permission of the City
Council.
25. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to
the Developer, its employees or agents, or mailed to the Developer by registered mail at the following
address:
Prestwick, LLC
350 Hwy 7, Suite 125
Excelsior, MN 55331
952-898-2266
sjohnson@arcondevelopment.com
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or
mailed to the City by registered mail in care of the City Administrator at the following address:
City Administrator
Rosemount City Hall
2875 145th Street West
Rosemount, Minnesota 55068
Prestwick Place 15th Addition
May / 2018
G:\ENGPROJ\2018-14 Prestwick Place 15th\Subdivisionagreement 2018-14.docx
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
CITY OF ROSEMOUNT
BY:
William H. Droste, Mayor
BY:
Jeff May, Deputy City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of _____________________, 2018,
by William H. Droste, Mayor, and Jeff May, Deputy City Clerk, of the City of Rosemount, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
PRESTWICK, LLC
BY:
Its
STATE OF MINNESOTA )
) SS
COUNTY OF _____________)
The foregoing instrument was acknowledged before me this day of ______________________, 2018
by __ _, its __________________________, of Prestwick, LLC, a
Minnesota limited liability company, on behalf of said company.
Notary Public
Drafted By:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Prestwick Place 15th Addition
May / 2018
G:\ENGPROJ\2018-14 Prestwick Place 15th\Subdivisionagreement 2018-14.docx
EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Improvements that are
outlined in the Subdivision Agreement:
Grading & Erosion Control – A restoration and erosion control bond to ensure re-vegetation and erosion
control ($3,500/acre). Note: The minimum surety amount is set at $25,000.
Pond Restoration/Erosion Control Removal – A security to allow for cleaning of sedimentation ponds
prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood
fiber blanket following development of 75 percent of adjoining lots (estimated lump sum).
Survey Monumentation – An amount equal to 110% of the cost to monument all lots within the
development.
Landscaping – An amount equal to 110% of the cost to complete the minimum required landscaping. If
additional landscaping is planned, a surety for that cost is not required.
Retaining Walls – An amount equal to 110% of the cost to complete the retaining wall construction.
Street Lighting – An amount equal to 110% of the cost to complete the minimum required lighting. If
additional lighting is planned, a surety for that cost is not required ($4,000 per light has been used to
calculate this cost).
Buffer Monumentation – An amount equal to 110% of the cost to manufacture and install the necessary
buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this
cost).
Park Equipment – An amount equal to 110% of the cost of improvements agreed upon to be completed in
the park areas.
Wetland Monitoring – An amount equal to 110% of the cost to hire a wetland specialist to monitor the
mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City.
Wetland Restoration/Mitigation – An amount equal to 110% of the cost to develop new wetlands should
the mitigation not be effective ($20,000 per acre of mitigation).
Prestwick Place 15th
EXHIBIT B (Page 1 of 2)
No.Item Cost 110%Calculation
1 Grading and Erosion Control 49,140$ 54,054$ $3500/ac x 14.04ac Minimum $25,000
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 19,500$ 21,450$ $500/lot x 39 lots
4 Landscaping 13,200$ 14,520$ Per City Planner, 44 trees x $300
5 Street Lights 16,000$ 17,600$ 4 lights x $4000/light
6 Buffer Monumentation 350$ 385$ 7 signs x $50/sign
7 Surface Improvements 332,315$ 415,394$ 125%
8 Water Main Improvements 147,003$ 183,754$ 125%
9 Sanitary Sewer Improvements 140,317$ 175,396$ 125%
10 Storm Sewer Improvements 172,830$ 216,038$ 125%
Total 915,655$ 1,126,090$
No.Item Cost
Estimated Construction Cost 792,465$
1 Engineering Review Fees 12,000$
2 Construction Monitoring Fees 118,870$
Design Fees Paid by Developer (40,000)$
3 Attorney Fees 2,500$
4 5% City Administrative Fees 39,623$
5 Street Light Energy Cost 2,880$
6 GIS Fees 2,340$
7 Trail Fog Seal -$
8 Seal Coating 10,478$
Total 148,691$
No.Item Cost
1 Storm Sewer Trunk Charge 91,030$
2 Sanitary Sewer Trunk Charge 15,093$
3 Water Trunk Charge 91,260$
4 Park Dedication 132,600$
5 Connemara Trail Assessment 177,535$
6 Akron Avenue Assessment 3,909$
Total 511,427$
Payment received (04/30/18)
Calculation
$6865/net developable acre 13.26 acres
$1075/acre x 14.04 acres
Estimate
5% of Estimated Construction Cost
4 lights x 24 months x $30/month
$60/unit x 39 units
N/A
39 units x .04 x $85,000 ($3,400 per lot)
See Attachment Two
See Attachment Two
15% of Estimated Construction Cost
Letter of Credit for Developer Improvements (due with signed agreement)
City Fees (due with signed agreement)
Calculation
City Engineer Estimation
City Engineer Estimation
$6500/acre x 14.04 acres
$1.70/SY x (1849 LF x 30')/9
Development Fees (due with signed agreement)
Block Lots Units Block Lot Units SQ FT Acres
1 1 1 1 1 1 15008.100 0.345
2 27 27 2 1 1 8977.092 0.206
3 11 11 2 2 1 10054.961 0.231
2 3 1 11006.858 0.253
2 4 1 8612.500 0.198
2 5 1 8775.000 0.201
2 6 1 8775.000 0.201
Total 39 39 2 7 1 8775.000 0.201
2 8 1 9533.835 0.219
Total Plat Area =42.46 acres 2 9 1 10710.561 0.246
Total Park Area 0.00 acres 2 10 1 14391.748 0.330
Future Plat Area =28.42 acres 2 11 1 13605.990 0.312
Developable Area =14.04 acres *2 12 1 13268.234 0.305
Ponding to HWL = 0.78 acres 2 13 1 15765.221 0.362
Net Developable Area =13.26 acres 2 14 1 12489.310 0.287
2 15 1 15865.532 0.364
* Excludes future plat and park areas 2 16 1 12042.424 0.276
2 17 1 13808.636 0.317
2 18 1 34317.919 0.788
2 19 1 29613.748 0.680
2 20 1 17239.389 0.396
2 21 1 16731.042 0.384
2 22 1 14520.947 0.333
2 23 1 12569.617 0.289
2 24 1 11674.389 0.268
2 25 1 10559.635 0.242
2 26 1 10633.492 0.244
2 27 1 14690.530 0.337
3 1 1 11986.670 0.275
3 2 1 9145.151 0.210
3 3 1 9045.000 0.208
3 4 1 9045.000 0.208
3 5 1 9045.000 0.208
3 6 1 9311.314 0.214
3 7 1 10335.857 0.237
3 8 1 12578.295 0.289
3 9 1 12101.809 0.278
3 10 1 10049.359 0.231
3 11 1 10354.504 0.238
Right-of-Way 114650.693 2.632
Outlot A 598155.269 13.732
Outlot B 639824.162 14.688
Total Boundary 1849634.809 42.462
Prestwick Place 15th
EXHIBIT B (Page 2 of 2)
Totals
Prestwick Place 15th Addition
May / 2018
G:\ENGPROJ\2018-14 Prestwick Place 15th\Subdivisionagreement 2018-14.docx
ATTACHMENT ONE
Prestwick Place 15th Addition
Final Plat
Prestwick Place 15th Addition
May / 2018
G:\ENGPROJ\2018-14 Prestwick Place 15th\Subdivisionagreement 2018-14.docx
ATTACHMENT TWO
Cost Share Table
Tract Owner Acre
(Feasibility)
Acre
(Exhibit D)
Acre
(Developable
Platted Area)
Akron Avenue CR 42 Access
Connemara Trail
West of Akron
Avenue
Connemara
Trail East of
Akron Avenue
Street 4
(Aldborough
Ave)
Street 8
(Albany
Ave)
Street 9-Pink
(Ailesbury
Ave)
Street 9-
Green
(Ailesbury
Ave)
Street 14
(Abbeyfield
Ave)
Street 16
(Addison
Ave)
Street 17 Total Assessment
269.49 195.55 268.06 $96,751 $769,665 $2,094,892 $1,197,267 $94,553 $500,610 $151,938 $45,590 $556,463 $368,270 $415,860 $6,291,859
NOTE: Tract 2 - US Home Corporation is paying overhead in cash for Streets 4, 8 and 9 (green) with the Prestwick Place 7th subdivision agreement
Tract Development Acre
(Feasibility)
Acre
(Exhibit D)
Acre*
(Developable
Platted Area)
Akron Avenue CR 42 Access
Connemara Trail
West of Akron
Avenue
Connemara
Trail East of
Akron Avenue
Street 4 Street 8 Street 9
(Pink)
Street 9
(Green)Street 14 Street 16 Street 17 Total Assessment
0.00 0.00 117.38 $32,678 $0 $1,484,049 $0 $0 $0 $0 $0 $0 $0 $0 $1,516,728
$0 $0 $0 $0 $0 $0 $0 $163,1997BPRESTWICK PLACE 13TH ADDITION ------12.63 $3,516 $0 $159,683 $0
$0
$0
$0
$0
$13,409
$32,181
$0
$0
$0
$0
$0
$0
$0
$0 $0 $0 $0 $0 $0 $129,6037BPRESTWICK PLACE 4TH ADDITION ------10.03 $2,792 $0 $126,810 $0
$0 $12,643.12 $0 $0 $0 $0COST PER ACRE ------$278.40
19.18
---
---
---
$0
$0 $0
$0
$0
$398,195
$0
$0
$0
$207,822
$0 $0
$0 $208,038
$0 $0
$176,203
$86,481
$332,977 $0$0
$0
$0 $0 $0
$37,984 $0
$0
$0
$0 $0
$0 $0 $0
$0 $0
$0
$0 $0
TOTAL
$371,470
$0
$0
$0 $210,056
7B ARCON DEVELOPMENT INC.117.096 $32,678 $1,484,049 $0
16.22
117.13
7A ARCON DEVELOPMENT INC.16.217 $4,526 $205,531 $0 $0
$0 $598,187
$0
6 AKRON 42 LLC 29.513 $19,017 $988,674
5 US HOME CORPORATION 15.072 $3,746 $34,196 $104,362 $0
$1,516,728
$499,861
4B ARCON PEMTOM, LLC 7.912 $1,967 $17,951 $54,785 $0 $0 $250,906
$136,740 $0 $0 $105,585$04ADAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY 19.748 $4,908 $44,806---
$0
$436,824
$0$55,752 $607,417
2 US HOME CORPORATION 28.329 $7,041 $64,275 $196,157 $222,256
$0 $0
$223,486 $0
15.68
27.34 $38,801
$0 $0 $0 $0
$0 $0 $0
Prestwick Place Cost Sharing
1 US HOME CORPORATION 15.458 $3,842 $35,072 $107,035 $278,354 $113,953
$822,182
3 AKRON 42 LLC 20.146 $19,026 $209,012 $0 $959,210
$0 $0 $0 $12,922$0
$0 $0 $159,064
7B FUTURE FINAL PLAT ------$7,925 $0 $359,924 $0 $0
7B PRESTWICK PLACE 2ND ADDITION ------$3,427 $012.31 $155,637 $0
$367,85028.47 $0
TOTAL
14.74
28.29
19.18
19.75
7.91
15.07
29.52
$0
Tract 7B: ARCON DEVELOPMENT INC.
16.22
117.38
$0 $0 $0 $0 $0 $0 $27,0067BPRESTWICK PLACE 5TH ADDITION ------2.09 $582 $0 $26,424 $0
$0 $0 $0 $0 $0 $0 $0 $148,5977BPRESTWICK PLACE 8TH ADDITION ------11.50 $3,202 $0 $145,396 $0
$0 $0 $0 $0 $0 $0 $0 $113,8397BPRESTWICK PLACE 12TH ADDITION ------8.81 $2,453 $0 $111,386 $0
$0 $0 $0 $0 $0 $0 $0 $226,1277BPRESTWICK PLACE 14TH ADDITION ------17.50 $4,872 $0 $221,255 $0
$0 $0 $0 $0 $0 $0 $0 $181,4447BPRESTWICK PLACE 15TH ADDITION ------14.04 $3,909 $0 $177,535 $0
CONNEMARA TRAIL140TH STREETAUBURN AVENUEADELAIDE
AVENUEABERCORN AVENUE141ST STREET WESTABBE
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S DRAINAGE & UTILITY EASEMENTAND CONSERVATION EASEMENTDRAINAGE & UTILITY EASEMENTAND CONSERVATION EASEMENTOUTLOT C, 72.59 ACRESPRESTWICK PLACESECOND ADDITIONPROPOSED RIGHT OF WAY: 13.34 ACRESTOTAL NO. OF LOTS 186NET DENSITY (OUTLOT C)2.56 Lots / AcEXISTING ZONING: AGPROPOSED ZONING: PUDEXISTING LEGAL DESCRIPTION:OUTLOT C, PRESTWICK PLACE 2ND ADDITION, ACCORDING TOTHE RECORDED PLAT ON FILE IN DAKOTA COUNTY, MINNESOTA.PID NO. 34-58601-00-030CONTACT INFORMATION: PRESTWICK, LLC (SCOTT JOHNSON)350 HIGHWAY 7, SUITE 125EXCELSIOR, MN 55331LAND OWNER:PRESTWICK, LLC (SCOTT JOHNSON)350 HIGHWAY 7, SUITE 125EXCELSIOR, MN 55331CONSULTANT:PROBE ENGINEERING CO., INC.1000 E. 146TH STREET, SUITE 240BURNSVILLE, MN 55337PH. NO. 952-432-3000SETBACKSFRONT - 30 FEETSIDE STREET - 20 FEETSIDE - 7.5 FEETREAR - 25 FEETDATE____________ REG. NO._________I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.17-15-16PMREVISED 141ST CT. BLOCK 3 & ADDED EASEMENTS28-8-16PMREVISED BLOCK 3 LAYOUT & REV PER CITY
8.a. Request by Prestwick, LLC for the Final Plat Approval for Prestwick Place 15th Addition. (18-17-FP)
Planner Nemcek gave a brief summary of the staff report for the Planning Commission.
Commissioner Mele clarified that the current commission required the double sided sidewalks. Planner Nemcek detailed
which street in the preliminary plat was determined to need sidewalks on both sides of the street.
MOTION by VanderWiel to recommend that the City Council approve the Final Plat for Prestwick Place 15th
Addition, subject to the following conditions:
1. Execution of a subdivision agreement.
2. 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.
3. Conservation easements shall be recorded over all wetlands, wetland buffers, stormwater ponds and
storwater buffer strips. Fences are not allowed in the conservation easements.
4. Sidewalk should be extended along the north side of 140th Court.
5. Provision of $14,520.00 for Landscaping Surety.
6. Provision of $132,600.00 for Fee-in-Lieu of Park Dedication.
7. Compliance with the conditions and standards within the City Engineer’s Memorandum dated April
16, 2018.
Second by Clements.
Ayes: 6. Nays: 0. Motion Passes.
MEMORANDUM
DATE: April 16, 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: Prestwick Place 15th Addition Final Plat Engineering Review
SUBMITTAL:
Prepared by Probe Engineering, the Prestwick Place 15th Addition dated March 22, 2018. The
following review comments were generated from the following documents:
Grading Plan
Prestwick Place 15th Addition Final Plat
Stormwater Management Plan and Calculations
Geotechnical Evaluation
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.
GIS Fees: $60/unit
Sanitary Sewer Trunk Charge: $1075/acre
Watermain Trunk Charge: $6500/acre
Storm Sewer Trunk Charge: $6865/ net developable acre
2. Per the existing Joint Development and Cost Sharing Agreement, the developer is
responsible for the costs of adjacent roadways. These costs are as follows:
Prestwick Cost Share Spreadsheet: G:\ENGPROJ\431\Prestwick Place Cost Share Tabulation - 2017.xlsm
The developer is responsible for costs associated with upgrading Akron Avenue. This
cost is $278.40/acre.
The developer is responsible for costs associated with the extension of Connemara Trail
between Bloomfield and Akron Avenue. This cost is estimated at $12,643.12/acre.
3. Prior to submittal of the final plat, the developer should notify the city if they would like to
privately install the infrastructure or if a public process is desired. Preparation of the
subdivision agreement cannot begin until a public or private process is selected.
4. Improvements are 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 street and utility crossings and grading. A copy of the agreement shall be
submitted to the City.
5. Sidewalk should be extended along the north side of 140th Court.
6. 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.
7. The width of drainage and utility easements over all public utilities shall be verified during
final design.
STORMWATER COMMENTS:
8. Show EOF routes from all low points. Add EOF at 6+00 140th Street.
9. Lot 23, Block 2 will need to have the driveway flipped in order to allow for the catch basin
to be installed at the 6+00 low point and not installed in the driveway.
10. Storm sewer will be revised during final design. Typical revisions will include number and
placement of catch basins, pipe alignments, and design of outlet control structures.
11. Stormwater water quantity and quality appear to be consistent with requirements in the
Engineering Guidelines and the Stormwater Management Plan.
12. Lining of NURP ponding areas is not required by the City; however, the developer may want
to consider as ponding areas will likely not maintain vegetation below the NWL.
13. Easements are required over all ponding and infiltration areas, and shall encompass at
minimum the HWL and all naturally vegetated areas. Signage for conservation easements
shall be provided by the developer and an extended maintenance warranty shall be required
to ensure establishment of the naturally vegetated areas.
14. Storm sewer is proposed along the side and back lot lines of many 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.
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: April 19, 2018
Subject: Prestwick Place – 15th Final Plat
The Parks and Recreation Department recently reviewed the final plat for the Prestwick Place 15th
Addition. After reviewing the plans, the Parks and Recreation Department staff has the following
comments:
PARKS DEDICATION
The parks dedication requirement for the 39 units in the 15th addition is either 1.56 acres of land or
cash in lieu of land. Because the Prestwick Place development has already dedicated land that was
developed as Ailesbury Park, staff is recommending that the developer pay cash in lieu of land to
fulfill their parks dedication requirement. The cash in lieu of land dedication for 39 units is $132,600
(39 units x $3,400 per unit). The cash dedication is to be paid prior to, or at the time of execution of
the final plat.
Please let me know if you have any questions about this memo.