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HomeMy WebLinkAbout9.a. Request by U.S. Home Corporation for Approval of a Planned Unit Development Master Development Plan with Rezoning, a Preliminary Plat, and a Final Plat for Prestwick Place 17th Addition EXECUTIVE SUMMARY City Council Meeting: March 19, 2019 AGENDA ITEM: Request by U.S. Home Corporation for Approval of a Planned Unit Development Master Development Plan with Rezoning, a Preliminary Plat, and a Final Plat for Prestwick Place 17th Addition AGENDA SECTION: New Business PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 9.a. ATTACHMENTS: Ordinance; Resolutions; Planned Unit Development Agreement; Subdivision Agreement; Excerpt from February 26, 2019, Planning Commission Meeting Minutes; Site Location Map; Final Plat; Preliminary Plat; Existing Conditions; Grading and Erosion Plan; Utility Plan; Landscape Plan; Building Floor Plans and Elevations; City Engineer’s Memo Dated February 26, 2019; Parks Director’s Memo Dated February 21, 2019 APPROVED BY: LJM RECOMMENDED ACTION: There are Six Actions Necessary to Approve the Project: 1. Motion to adopt a Resolution approving the Preliminary Place for Prestwick Place 17th Addition with conditions. 2. Motion to adopt an Ordinance amending Ordinance B City of Rosemount Zoning Ordinance for Prestwick Place 17th Addition from Agriculture to R3 PUD-Medium Density Residential Planned Unit Development. 3. Motion to adopt a Resolution Approving the Planned Unit Development Master Development Plan with Rezoning for Prestwick Place 17th Addition. 4. Motion to Adopt a Resolution approving the Final Plat for Prestwick Place 17th Addition. 5. Motion to approve the Planned Unit Development Master Development Plan Agreement for Prestwick Place 17th Addition and authorize the Mayor and City Clerk to enter into the Agreement. 6. Motion to approve the Subdivision Development Agreement for Prestwick Place 17th Addition and authorizing the Mayor and City Clerk to enter into this agreement. 2 SUMMARY The City Council is being asked to consider a request from U.S. Home Corporation (Lennar) for approval of a Planned Unit Development Master Development Plan with Rezoning as well as Preliminary and Final Plats to construct a 50-unit townhouse development. This site was not included in the Prestwick Place PUD that was approved in 2007, but the development standards being requested by the applicant are consistent with those approved for other medium density development projects within the larger Prestwick Place PUD. Those standards include an increase to the maximum number of units permitted in a single building, a reduction in the setback from a local street, and an increase in the setback from side and rear property lines. Development of the site will take place in two phases. The Planning Commission and staff are recommending approval of this request. Owners: Arcon-Pemton, LLC. Residential Developers: Lennar Corporation Preliminary Plat Area: 7.91 Acres Met Council Net Area: 7.91 Acres Residential Lots Created: 50 Attached lots Gross Density: 6.3211 Units/Acre Net Density: 6.3211 Units/Acre Comprehensive Plan Guiding: MDR-Medium Density Residential Current Zoning: AG-Agriculture Requested Zoning: R3 PUD-Medium Density Residential Planned Unit Development Surrounding Land Uses North: LDR Low Density Residential East: Agriculture West: MDR Medium Density Residential South: Designated MDR Medium Density Residential-currently vacant PLANNING COMMISSION ACTION At its regular meeting on February 26, 2019, the Planning Commission held a public hearing to review these requests and receive public comment. During the public hearing no residents provided comment, but the applicant addressed some questions posed by the Commission. The applicant confirmed that the first phase, located in the northwest portion of the site, will be constructed in the spring of this year. Also, the applicant stated that the final building plans would conform to the zoning ordinance, particularly as it relates to building height, if the final building design differs from what was provided to the commission. Lastly, the Planning Commission asked the applicant why the PUD allows for a maximum of twelve units per building while the plans provided indicate the largest building would only contain eight units. The applicant feels that although they are not proposing a building with more than eight units, keeping the maximum at twelve would allow flexibility in designing the second phase of development in case changes are needed. The Commission voted unanimously to recommend approval of the requests. Since the Planning Commission meeting, the applicant has submitted revised plans that address several of the design issues raised during the Commission review and reflected in recommended conditions of approval. The conditions have been modified in the recommended resolutions to reflect the modified plans. BACKGROUND The subject property is separate from, but adjacent to, a larger 290 acre mixed use development approved by the City in 2007 on the northwest and northeast corners of County Road 42 and Akron Avenue. The site was platted as an outlot of the larger Prestwick Place Planned Unit Development. The deviations from the Zoning Ordinance being requested by the applicant are consistent with the standards for medium density residential development neighborhood originally part of the 2007 Prestwick Place Planned Unit 3 Development. These medium density neighborhoods included the property to the south, and some properties west of Akron Avenue which has since been reguided and developed as single family. With this development, Addison Avenue will be extended to the eastern boundary of the site. ISSUE ANALYSIS Legal Authority Preliminary plats are quasi-judicial decisions for the City Council meaning that the Council is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance, and Subdivision ordinance are being followed. The Planned Unit Development Master Development Plan is a rezoning activity and therefore is a legislative decision. Legislative decisions give the City Council more latitude, but consideration should be given to the ordinance criteria for granting of PUDs and the PUD standards of other developments that have been approved in the vicinity. The recommended standards are similar to the Prestwick Place PUD standards for Single Family Attached housing. Land Use and Zoning The site under consideration is guided for medium density residential in the City’s Comprehensive Plan, which guides land for residential development at a density of 6-12 units per acre. The proposed project falls within the low end of this range at 6.32 units per acre. The applicant is requesting a rezoning to R3- PUD, medium density residential planned unit development, consistent with the site’s land use designation. Single-family attached residential units are a permitted use in the R3 district in accordance with the minimum lot requirements and setbacks specified in the Zoning Ordinance. With the PUD designation, the development must adhere to the standards, requirements, and any flexibility being proposed within the master development plan being reviewed in this report. Alternative Urban Area -wide Review The subject property falls within the CSAH 42/Akron AUAR that was adopted in 2007, updated most recently in 2017. An AUAR is an environmental review document that anticipates development over a larger area. The benefit is that an environmental review is not required for each development within the AUAR boundaries. The proposed development is located in an area anticipated to develop as medium density residential at a density of five to ten units per acre. Property owners within the AUAR boundaries must reimburse the City for the AUAR either at the time the AUAR is adopted or when the property is developed. The property owners reimbursed the City for their share of the cost for the AUAR at the time of its adoption. General Subdivision Design The area to be developed is approximately eight acres in size, and it is located 500 feet east of Akron Avenue and immediately south of the Greystone subdivisions. The townhomes will be side-by-side style. Access to the site is provided by Addison Avenue as it travels south from 141st Street East and curves east, south of the site. The site itself is bisected by a pipeline easement, and development will take place in phases that accommodate the pipeline. The first phase of development will occur on the western portion of the site, and the second phase will occur on the portion of the site east of the pipeline. Each phase will have two access points along Addison Avenue. Traffic will circulate within each phase on private roadways. The necessary amount of additional guest parking will be provided for each phase of development as it occurs. Stormwater ponding will be located within 1.29 acres in the northeast corner of the site in its own outlot, labeled Outlot H on the plans. The final plat also indicates that instead of one large outlot encompassing the individual lots, several outlots are proposed. Each outlot, except Outlot H, will encompass a single building and its associated lots. 4 Planned Unit Development Master Development Plan with Rezoning The subject property is currently zoned AG-Agriculture. The site itself was not included with the original Prestwick Place PUD that was approved in 2007, but the subdivision proposal is consistent with the standards for medium density development within the Prestwick Place PUD. Those standards allow a maximum of twelve units per building, a setback from public streets of 25 feet, a setback from property lines of 30 feet, minimum building separation of 20 feet, and a minimum parking setback of 20 feet. In addition to the standards specified in the PUD agreement, the Zoning Ordinance includes a section specific to single family attached housing. The proposed development plans meet or exceed these requirements as well as those for the City’s R3 zoning district. Phasing Development of the site will take place in two phases. The first phase of development will take place on the western portion of the site along the segment of Addison Avenue that has already been completed. The initial phase of development will contain 26 townhomes. The second phase will contain the remaining 24 units and it will be constructed after Addison Avenue is constructed to the eastern property line of the site. The necessary parking, both resident and guest, will be provided for each phase as it is developed. The developer has indicated that the first phase of development will take place in the spring of 2019. Street and Sidewalk System The site will be accessed via two private drives that allow a circular traffic movement through each development phase. A condition of approval recommended by the Planning Commission and staff is the construction of a sidewalk along the north and east side of Addison Avenue to connect with the sidewalk stub located at the northern property boundary along Addison Avenue. No sidewalks are proposed along the private streets within the site. Street 1 had initially intersected Addison Avenue within the segment containing the turn lane. This led to the initial requirement that this intersection be signed as right turn only. Since the Planning Commission recommended approval, the applicant has been working with staff to revise the alignment of Street 1 to allow full traffic movement. Revised plans have been provided that address this issue, and conditions of approval have been updated to reflect this. Street 2 is located across from the existing driveway to the Prestwick Place Townhomes site. The City Engineer’s memo includes a comment that the applicant shall try to adjust the access point so Street 2 intersects Addison Avenue at a 90-degree angle and try to eliminate short street curves that may be awkward to navigate, which has been addressed by the revised plans. An engineering memo dated February 26, 2019, is included as an attachment. Standard Prestwick Place PUD Requirement Proposed Prestwick 17th Max Units Per Building 6 12 8 Total Parking 2 driveway stalls per unit 2 garage stalls per unit .5 guest parking stalls 2 driveway stalls per unit 2 garage stalls per unit .5 guest parking stalls per unit 100 driveway stalls 100 garage stalls 27 guest stalls Street Setback 30 ft. 25 ft. 25 ft. (Addison Avenue) Property Line Setback 20 ft. 30 ft. 30 ft. Building Separation 20 ft. 20 ft. 22 ft. Setback to Private Dr. 20 ft. 20 ft. 20 ft. 5 Parks The proposed development was reviewed by the Parks and Recreation department. The City’s Parks Master Plan does not identify a new park in this area. Instead, the development will be served by Greystone Park, located 900 feet north of the site, and Ailesbury Park which is located roughly one quarter of a mile west of Akron Avenue along Connemara Trail. Staff recommends that cash be paid in lieu of land dedication for the 26 units in the final plat for Prestwick Place 17th Addition. The cash in lieu of land dedication for 26 units is $74,100 (26 units x $2,850 per unit). Stormwater Management Catch basins within Addison Avenue and the site’s private streets will collect stormwater and route it to the pond and infiltration basin located on Outlot H in the northeast corner of the site. The applicant will deed Outlot H to the city for ownership and maintenance of the storm water ponding and infiltration areas when the final plat is recorded. Landscaping The applicant has prepared a landscape plan that includes the installation of 100 trees and 330 foundation plantings. There are no existing trees on the site, so the applicant will not need to provide any replacement trees. In terms of the City’s landscaping requirements, the application meets or exceeds all City standards based on the zoning and number of dwelling units proposed. Landscaping Required Provided Trees 50 (1 tree per dwelling unit) 51 Deciduous 39 Evergreen 10 Ornamental Foundation Plantings 330 (1 shrub per 10 linear feet of building) 330 The landscape plan provides a good mix of deciduous and evergreen trees with enhanced planting along Addison Avenue. Foundation plantings are provided near the front walk and stoops of all units. The Planning Commission had recommended as a condition of approval that one of the trees located atop a storm sewer be relocated to avoid root damage to the infrastructure below ground. The applicant has since provided an updated landscaping plan that is included in the attachments showing that this condition was met. Home Design The proposed townhome structures will be side-by-side, with structures varying in size from four to eight units. Each building will feature brick or stone elements as well as a combination of lap and shake siding. The front elevations feature gables to break up the roofline and add interest. The plans provided by the applicant also show carriage-style garage doors on the units. The structures feature 360-degree architecture using two colors and decorative trim on the exterior walls between the floors. Lighting Under the City’s zoning regulations, the townhouse project does not require a specific photometric lighting plan. Instead, the applicant has been advised that they will need to follow the City street lighting policy for Addison Street and the internal private road system. The City’s policy specifies the type and spacing of fixtures to be used. The final plan set does not include any information about street lights, and the final plans should be updated to include a specific lighting plan. 6 CONCLUSION & RECOMMENDATION While this request was not part of the original Prestwick Place PUD, the site is guided for medium density residential development and was anticipated to be consistent with similar neighborhoods within the 2007 PUD. The applicant is requesting the PUD standards similar to those of the Prestwick Place PUD for medium density residential development, and the request meets all other standards of the R3-Medium Density residential zoning district. Staff and the Planning Commission are recommending approval of the Planned Unit Development Master Development Plan with Rezoning as well as approval of preliminary and final plats for Prestwick Place 17th Addition, subject to conditions. Staff is also recommending approval of the subdivision agreement for the first phase of this development. The agreement is attached, but staff is expecting Exhibit B will be modified and provided to Council prior to the meeting. City of Rosemount Ordinance No. B-274 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE Prestwick Place 17th 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-3 PUD – Medium Density Residential Planned Unit Development that is southeast of the intersection of 141st Street East and Addison Avenue within the City of Rosemount legally described as follows: Outlot N, Prestwick Place, Dakota County, Minnesota. Section 2. The Zoning Map of the City of Rosemount, referred to and described in said Ordinance No. B as that certain map entitled “Zoning Map of the City of Rosemount,” shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk’s office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and all of the notation references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 19th day of March, 2019. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Erin Fasbender, City Clerk City of Rosemount Ordinance No. B-274 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE Prestwick Place 17th 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-3 PUD – Medium Density Residential Planned Unit Development that is southeast of the intersection of 141st Street East and Addison Avenue within the City of Rosemount legally described as follows: Outlot N, Prestwick Place, Dakota County, Minnesota. Section 2. The Zoning Map of the City of Rosemount, referred to and described in said Ordinance No. B as that certain map entitled “Zoning Map of the City of Rosemount,” shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk’s office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and all of the notation references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 19 th day of March, 2019. /s/William H. Droste, Mayor Attested: Erin Fasbender, City Clerk City of Rosemount Dakota County, Minnesota 03/19/2019 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-19 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT (PUD) MASTER DEVELOPMENT PLAN WITH REZONING FOR PRESTWICK PLACE 17TH ADDITION WHEREAS, the Community Development Department of the City of Rosemount received a request for a Planned Unit Development Master Development Plan with Rezoning from Lennar Corporation concerning property legally described as: Outlot N, Prestwick Place, Dakota County, Minnesota WHEREAS, on February 26, 2019 the Planning Commission of the City of Rosemount held a public hearing and reviewed the PUD Master Development Plan with Rezoning for Prestwick Place 17th Addition; and WHEREAS, on February 26, 2019, the Planning Commission recommended approval of the PUD Master Development Plan with Rezoning for Prestwick Place 17th Addition, subject to conditions; and WHEREAS, on March 19, 2019, 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 17th Addition and the Rezoning from AG – Agricultural to R3 PUD – Medium Density Residential Planned Unit Development, subject to: a.A deviation from Section 11-4-8 F. R-3 Minimum Lot Requirements and Standards reducing the setback from the public street from 30 feet to 25 feet and increasing the setback from property lines from 20 feet to 30 feet. b. A deviation from Section 11-2-8 A. Single Family Attached Dwellings and Townhome Requirements and Standards increasing the maximum number of units per building from 6 to 12. c. Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated February 26, 2019. d.Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated February 21, 2019. ADOPTED this 19th day of March, 2019, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2019 - 20 A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR PRESTWICK PLACE 17TH ADDITION WHEREAS, the City of Rosemount received a request for Preliminary Plat approval from Lennar Corporation concerning property legally described as: Outlot N, Prestwick Place, Dakota County, Minnesota. WHEREAS, on February 26, 2019, the Planning Commission of the City of Rosemount held a public hearing and reviewed the Preliminary Plat for Prestwick Place 17th Addition; and WHEREAS, on February 26, 2019, the Planning Commission recommended approval of the Preliminary Plat for Prestwick Place 17th Addition, subject to conditions; and WHEREAS, on March 19, 2019, 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 17th Addition, subject to the following conditions: a.Approval of a Planned Unit Development Master Development Plan rezoning the subject property. b.A street lighting plan shall be submitted for review and approval prior to issuance of a building permit. c.The applicant shall appropriately sign the intersection a “No Left Turn” or modify the access location such that staff approves a full access from Addison Avenue, and the end of Street 1 shall be signed “No Parking” prior to issuance of a Certificate of Occupancy. d.Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated February 26, 2019. e.Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated February 21, 2019 f.The applicant shall dedicate Outlot H to the City. g.Drainage and utility easements shall be dedicated over all ponding. ADOPTED this 19th day of March, 2019, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: __________________________________________ Erin Fasbender, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-21 A RESOLUTION APPROVING THE FINAL PLAT FOR PRESTWICK PLACE 17th ADDITION WHEREAS, U.S. Home Corporation dba Lennar (Applicant) has submitted an application to the City of Rosemount for a Final Plat concerning property legally described as follows: Outlot N, PRESTWICK PLACE, Dakota County, Minnesota. WHEREAS, on February 26, 2019, the Planning Commission of the City of Rosemount reviewed the Final Plat for Prestwick Place 17th Addition; and WHEREAS, on February 26, 2019, the Planning Commission recommended approval of the Final Plat for Prestwick Place 17th Addition, subject to conditions; and WHEREAS, on March 19, 2019, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendations and the Final Plat for Prestwick Place 17th Addition. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Final Plat for Prestwick Place 17th Addition, subject to the following conditions: 1.Approval and execution of a subdivision agreement. 2.Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated February 26, 2019. 3.Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated February 21, 2019 4. Payment of $74,100 for fee-in-lieu of park dedication. 5.Applicant shall provide a landscaping surety in the amount $17,820. ADOPTED this 19th day of March 2019, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk 1 DECLARATION OF COVENANTS AND RESTRICTIONS PRESTWICK PLACE 17TH ADDITION MASTER DEVELOPMENT PLAN PLANNED UNIT DEVELOPMENT AGREEMENT THIS DECLARATION made this ______ day of _________________, 2019, by U.S. Home Corporation, aka Lennar 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. 2019-XX, Attachment Two b. Development Plan/Overall Preliminary Plat (Revised 03/12/2019), Attachment Three d. Preliminary Utility Plan (Revised 03/12/2019), Attachment Four e. Preliminary Grading Plans, (Revised 03/12/2019), Attachment Five f. Preliminary Storm Sewer Plan (Sheets 4 through 5 of 12; Revised 03/12/2019) Attachments Six and Seven g. Landscape Plan (Revised 03/12/2019), Attachments Eight and Nine. 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. 3. The Subject Property may only be developed and used in accordance with Paragraphs 1 and 2 of this Declaration unless the owner first secures approval by the City Council of an amendment to the planned unit development plan or a rezoning to a zoning classification that permits such other development and use. 4. In connection with the approval of development of the Subject Property, the following deviations from City Zoning or Subdivision Code provisions were approved: a. a. Section 11-4-8 F. R-3 Minimum Lot Requirements and Setbacks: The setback from the public street shall be 25 feet and the setback from property lines shall be 30 feet. b. Section 11-2-8 A. Single Family Attached Dwellings and Townhome Requirements and Standards: The maximum number of units per building shall be 12. 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. 4 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. 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 LENNAR CORPORATION By Its STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ___ day of _________, 2013, by _____________________, the _________________, for and on behalf of _________________________, a ____________________, by and on behalf of said _______________________. 5 _______________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF ROSEMOUNT 2875 145TH STREET WEST ROSEMOUNT, MN 55068 651-423-4411 Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx SUBDIVISION AGREEMENT Prestwick Place 17th Addition AGREEMENT dated this ________ day of ________________________, 2019, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and US HOME CORPORATION, a Delaware corporation, (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 17th 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. Conformance with all requirements of the Parks and Recreation Director as detailed in the memorandum dated February 21, 2019. c. Approval of a Planned Unit Development Master Development Plan rezoning the subject property. d. The applicant shall appropriately sign the intersection a “No Left Turn” or modify the access location such that staff approves a full access from Addison Avenue, and the end of Street 1 shall be signed “No Parking” prior to issuance of a Certificate of Occupancy. e. The applicant shall dedicate Outlot H to the City. f. Execution of a Subdivision or Development Agreement to secure the public and private improvements. g. Payment of all applicable fees including GIS, Park Dedication and other fees identified in the current fee schedule. h. Provide security for the installation of improvements. i. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. j. Payment for the Developer’s share of Akron Avenue, Connemara Trail and Addison Avenue improvements, 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 Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 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, 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 Developer and must be approved by the City Engineer. The Developer will prepare plans and specifications for Public Improvements which shall be approved by the City Engineer. Such approvals shall not be unreasonably withheld and the City shall approve or provide Developer with necessary revision comments within 30 calendar days of Developer submittal of Public Improvement plans and specifications. The City will perform all construction inspection for the Public Improvements, at the Developer’s expense. Construction inspection includes but is not limited to inspection, documentation, 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, including the extension of water main along Akron Avenue to serve the subject property D. Sanitary sewer improvements, including the extension of sanitary sewer main along Akron Avenue to serve the subject property E. Storm sewer improvements Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 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 7. Time of Performance. The Developer shall install all required improvements, excepting the wear course of pavement, enumerated in Paragraph 6 that will serve the subject property by December 31, 2019, subject to delays due to inclement weather, casualty, labor strikes, material shortages, or other force majeure not within the Developer’s reasonable control. The pavement wear course shall be completed by December 31, 2020. 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 2019-20), 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 nine hundred ninety thousand, two hundred fifty-five dollars ($990,255). The amount of the security was calculated as follows: Cost 110% Grading & Erosion Control $25,000 $27,500 Pond Restoration and Erosion Control Removal $25,000 $27,500 Survey Monumentation $13,000 $14,300 Landscaping (99 trees) $15,900 $17,490 Street Lighting (3 lights) $8,000 $8,800 Buffer Monumentation (8 signs) $400 $440 Cost 125% Surface Improvements $326,802 $408,502 Water Main Improvements $134,190 $167,738 Sanitary Sewer Improvements $130,470 $163,088 Storm Sewer Improvements $123,919 $154,898 Total $802,680 $990,255 Refer to Exhibit A and Exhibit B for an explanation of each item. Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 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. 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. Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 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. Costs for City inspection of onsite erosion and sediment control shall be at the Developer’s expense. After a 24- hour verbal or written 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. 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 for 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, review 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 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 $126,197 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx $10,000 Engineering Review Fees $71,538 Construction Monitoring Fees (10%) $3,000 Attorney Fees $35,769 5% City Fees (based on developer’s estimate of $715,380) $1,440 Street Light Energy Cost $1,560 GIS Fees $2,890 Seal Coating $126,197 Total Amount Due If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City within thirty (30) business 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. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) business 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. D. 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. E. 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. F. 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. Indemnification. The Developer shall hold the City and its officers, agents 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 intentional acts or gross negligence of the City, it’s agents, employees or contractors. The Developer shall indemnify the City and its officers, agents and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney’s fees. 20. Insurance. The Developer agrees to take out and maintain or cause to be taken out and maintained until six months after the City has accepted the Subdivision Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer’s work or the work of its contractors or subcontractors. Liability limits shall not be less than $500,000 when the claim is one for death by wrongful act or omission or for any other claim and $2,000,000 for any number of claims arising out of a single occurrence, and twice said limits when the claim arises out of the release or threatened release of a hazardous substance. The City shall be named as an additional insured on the policy. The certificate of insurance shall provide that the City must be given the same advance written notice of the cancellation of the insurance as is afforded to the Developer. 21. Park and Utility Fees. Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 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 $74,100.00 B. Storm Sewer Trunk Area Charges in the amount of $27,397.67 C. Sanitary Sewer Trunk Area Charges in the amount of $5,528.64 D. Watermain Trunk Area Charges in the amount of $33,428.99 E. Developer share of Akron Avenue improvements in the amount of $1,278.89 F. Developer share of Connemara Trail West improvements in the amount of $11,671.40 G. Developer share of Connemara Trail East improvements in the amount of $35,620.08 H. Developer share of Addison Avenue improvements in the amount of $112,699.59 Or other amounts for such fees as in effect at the time of plat approval. 22. Service Charges. 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 $2,425/SAC unit for single family residential and multi-family residential). 23. 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 without prior authorization from the City Building Official. 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. 24. 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 Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 25. 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. 26. 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. 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 Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 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. J. The Developer acknowledges that the City may issue additional requirements outside of the 2015 General Specifications and Standard Detail Plates for Street and Utility Construction or the 2008 Engineering Guidelines as the City is in the process of updating these documents. The review process may require additional time and expense due to this process, which shall be the Developer’s responsibility. The Developer shall not be billed for the time required for the City to update and approve their revisions to the 2015 General Specifications and Standard Details Plates for Street and Utility Construction or the 2008 Engineering Guidelines. 27. 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: MN Land Division U.S. Home Corporation 16305 36th Avenue North, Suite 600 Plymouth, MN 55446 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 [Remainder of page intentionally left blank.] Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.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: Erin Fasbender, City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _____________________, 2019, by William H. Droste, Mayor, and Erin Fasbender, 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 US HOME CORPORATION BY: Its STATE OF MINNESOTA ) ) SS COUNTY OF _____________) The foregoing instrument was acknowledged before me this ____ day of ______________________, 2019 by ____________________________, its __________________________, of US Home Corporation, a Delaware corporation, on behalf of said company. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 EXHIBIT A Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx 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. 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). 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 ($20,000 per acre of mitigation). Prestwick Place 17th EXHIBIT B (Page 1 of 2) No.Item Cost 110%Calculation 1 Grading and Erosion Control 25,000$ 27,500$ $3500/ac x 5.14 ac Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 13,000$ 14,300$ $500/lot x 26 lots 4 Landscaping 15,900$ 17,490$ Per City Planner, 53 trees x $300 5 Street Lights 8,000$ 8,800$ 2 lights x $4000/light 6 Buffer Monumentation 400$ 440$ 8 signs x $50/sign 7 Surface Improvements 326,802$ 408,502$ 125% 8 Water Main Improvements 134,190$ 167,738$ 125% 9 Sanitary Sewer Improvements 130,470$ 163,088$ 125% 10 Storm Sewer Improvements 123,919$ 154,898$ 125% Total 802,680$ 990,255$ No.Item Cost Estimated Construction Cost 715,380$ 1 Engineering Review Fees 10,000$ 2 Construction Monitoring Fees 71,538$ 3 Attorney Fees 3,000$ 4 5% City Administrative Fees 35,769$ 5 Street Light Energy Cost 1,440$ 6 GIS Fees 1,560$ 7 Trail Fog Seal -$ 8 Seal Coating 2,890$ Total 126,197$ No.Item Cost 1 Storm Sewer Trunk Charge 27,397.67$ 2 Sanitary Sewer Trunk Charge 5,528.64$ 3 Water Trunk Charge 33,428.99$ 4 Park Dedication 74,100.00$ 5 Akron Avenue Assessment 1,278.89$ 6 Connemara Trail West 11,671.40$ 7 Connemara Trail East 35,620.08$ 8 Addison Avenue 180,767.51$ Total 153,406$ $6500/acre x 6.57 acres $1.70/SY x (510 LF x 30')/9 Development Fees (due with signed agreement) See Attachment Two Calculation $6865/net developable acre 6.35 acres $1075/acre x 6.57 acres 26 units x $2,850 per lot) 10% 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 Estimate 5% of Estimated Construction Cost 2 lights x 24 months x $30/month $60/unit x 26 units N/A Block Lots Units Block Lot Units SQ FT Acres 1 6 6 1 1 1 2100.000 0.048 2 4 4 1 2 1 1750.000 0.040 3 4 4 1 3 1 1750.000 0.040 4 4 4 1 4 1 1750.000 0.040 5 4 4 1 5 1 1750.000 0.040 6 4 4 1 6 1 2100.000 0.048 Total 26 26 2 1 1 2100.000 0.048 2 2 1 1450.000 0.033 Total Plat Area =7.91 acres 2 3 1 1450.000 0.033 Total Park Area 0.00 acres 2 4 1 2100.000 0.048 Future Plat Area =2.77 acres 3 1 1 2100.000 0.048 Developable Area =5.14 acres *3 2 1 1750.000 0.040 Ponding to HWL = 1.15 acres 3 3 1 1750.000 0.040 Net Developable Area =3.99 acres 3 4 1 2100.000 0.048 4 1 1 2160.000 0.050 * Excludes future plat and park areas 4 2 1 1800.000 0.041 4 3 1 1800.000 0.041 4 4 1 2160.000 0.050 5 1 1 2190.000 0.050 5 2 1 1825.000 0.042 5 3 1 1825.000 0.042 5 4 1 2190.000 0.050 6 1 1 2100.000 0.048 6 2 1 1750.000 0.040 6 3 1 1750.000 0.040 6 4 1 2100.000 0.048 Right-of-Way 31627.041 0.726 Outlot A 21308.027 0.489 Outlot B 11344.880 0.260 Outlot C 6085.999 0.140 Outlot D 15534.160 0.357 Outlot E 12170.355 0.279 Outlot F 9731.227 0.223 Outlot G 6511.465 0.149 Outlot H 56142.491 1.289 Outlot I 120609.304 2.769 Total Boundary 344634.949 7.912 Prestwick Place 17th EXHIBIT B (Page 2 of 2) Totals Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx ATTACHMENT ONE Prestwick Place 17th Addition Final Plat Prestwick Place 17th Addition March / 2019 G:\ENGPROJ\2019-06 Prestwick Place 17th\Subdivision Agreement\Subdivision Agreement 2019-06.docx ATTACHMENT TWO 5.a. Request by US Home Corp. (Lennar) for Approval of a Planned Unit Development Master Development Plan with Rezoning, a Preliminary Plat, and a Final Plat for Prestwick Place 17th Addition. (19-8-PP, 19-9-PUD, and 19-10-FP) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. The public hearing opened at 6:44 pm. Public Comments: Josh Metzer, US Homes Corporation, 16305 36th Avenue North, Suite 600, Plymouth, thanked the City for their support and provided an outline of the timing for the development. MOTION by Mele to close the public hearing. Second by Freeman. Ayes: 4. Nays: 0. Motion Passes. The public hearing was closed at 6:48 pm. Additional Comments: None. MOTION by Freeman to recommend the City Council approve the Preliminary Plat for Prestwick Place 17th Addition, subject to the following conditions: a.Approval of a Planned Unit Development Master Development Plan rezoning the subject property. b.The applicant shall install sidewalk on the northeastern side of Addison Avenue to connect to the existing sidewalk stub at the northern property line. c.A street lighting plan shall be submitted for review and approval prior to issuance of a building permit. d.The applicant shall appropriately sign the intersection of Street 1 and Addison Avenue as “No Left Turn” and the end of Street 1 shall be signed “No Parking” prior to issuance of a Certificate of Occupancy. e.Street 2 alignment shall be adjusted to intersect with Addison Avenue at a 90-degree angle and attempt to eliminate short tangents/curves. f.Applicant shall update the landscape plan to relocate a tree from atop storm water infrastructure. g.Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated February 26, 2019. h.Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated February 21, 2019. i.The applicant shall dedicate Outlot H to the City. j.Drainage and utility easements shall be dedicated over all ponding. k.Payment of $529.97 for AUAR study. Second by Reed. Ayes: 4. Nays: 0. Motion Passes. MOTION by Freeman to recommend the City Council approve the Planned Unit Development Master Development Plan with the Rezoning of the Property from AG – Agriculture to R3 PUD – Medium Density Residential Planned Unit Development and Site and Building Plan approval, subject to the following conditions: a.A deviation from Section 11-4-8 F. R-3 Minimum Lot Requirements and Standards reducing the setback from the public street from 30 feet to 25 feet and increasing the setback from property lines from 20 feet to 30 feet. b.A deviation from Section 11-2-8 A. Single Family Attached Dwellings and Townhome Requirements and Standards increasing the maximum number of units per building from 6 to 12. c.Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated February 26, 2019. d. Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated February 21, 2019. Second by Reed. Ayes: 4. Nays: 0. Motion Passes. MOTION by Freeman to recommend the City Council approve the Final Plat for Prestwick Place 17th Addition, subject to the following conditions: a. Approval and execution of a subdivision agreement. b. Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated February 26, 2019. c. Conformance with all requirements of the Parks and Recreation Director as detailed in the attached memorandum dated February 21, 2019. d. Payment of $74,100.00 for fee-in-lieu of park dedication. e. Applicant shall provide a landscaping surety in the amount of $17,820.00. Second by Reed. Ayes: 4. Nays: 0. Motion Passes. Dakota County, MN Property Information Februa ry 15, 2 019 0 875 1,750437.5 ft 0 270 540135 m 1:9,600 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 x x x x x x x x x x x x x x x x x x x x Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 x x x x x LENNAR.COM LENNAR®Richmond 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 Elevations of a home may vary and we reserve the right to substitute and /or modify design and materials, in our sole opinion and without notice. Please see your New Home Consultant and home purchase agreement for actual features designated as an Everything’s Included feature, additional information, disclosures, and disclaimers relating to your home and its features. Plans are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to plans and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of the home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Garage sizes may vary from home to home and may not accommodate all vehicles. Visit Lennar. com or see a Lennar New Home Consultant for further details and important legal disclaimers. This is not an offer in states where prior registration is required. Void where prohibited by law. †Source - BATC, 2017 Top 25 Builders List. Copyright © 2018 Lennar Corporation. All rights reserved. Lennar, the Lennar logo, Everything’s Included and the Everything’s Included logo are U.S. registered service marks or service marks of Lennar Corporation and/or its subsidiaries. U.S. Home Corporation d/b/a Lennar – Lennar Sales Corp. – Broker License #40021205. MN Bldr. Lic # BC001413. CalAtlantic Group, Inc.; BC number is – BC736565. (25391) 04/30/18 MAIN LEVEL UPPER LEVEL 1,719 Sq. Ft. • 2 Stories • 3 Bedrooms • 3 Bathrooms • 2 Car Garage LENNAR.COM LENNAR®Richmond 952-249-3000 2 Stories | 3 Bedrooms | 3 Bathrooms | 2 Car Garage 1,719 Sq. Ft. Front Elevation Renderings Side & Rear Elevation Renderings Comparable Photos MEMORANDUM DATE: February 26, 2019 TO: Anthony Nemcek, Planner CC: Kim Lindquist, Community Development Director Brian Erickson, Director of Public Works/City Engineer Stacy Bodsberg, Planning & Personnel Secretary FROM: Stephanie Smith, Assistant City Engineer RE: Prestwick Place 17th Addition – Preliminary and Final Plat Review SUBMITTAL: The following review comments were generated from the following Prestwick Place 17th Addition documents prepared by Westwood Engineering:  Preliminary Plat (dated 1/29/2019)  Preliminary Plans (dated 1/29/2019) comprised of the following: ▫ Existing Conditions Survey ▫ Grading Plan ▫ Utility Plan and Profiles ▫ Street Plan and Profiles ▫ Landscaping Plan  Preliminary Storm Water Report (dated 1/25/2019)  Ghost Plat of Outlot I dated (1/29/2019) ASSESSMENTS AND FEES: 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: $1,075/acre  Watermain Trunk Charge: $6,500/acre  Storm Sewer Trunk Charge: $6,865/acre 2. Per the existing Joint Development and Cost Sharing Agreement, the developer is responsible for the costs of adjacent roadways attributed to “Tract 4B”. The fee will be due with the subdivision agreement and will be reconciled for the actual total cost of improvement once the streets have been constructed and accepted by Council. These costs are as follows: Prestwick Cost Share Spreadsheet: G:\ENGPROJ\431\Prestwick Place Cost Share Tabulation - 2019.xlsm  The developer is responsible for costs associated with upgrading Akron Avenue. This cost is $248.67/acre.  The developer is responsible for costs associated with the extension of Connemara Trail between Bloomfield and Akron Avenue. This cost is estimated at $2,269.41/acre.  The developer is responsible for costs associated with the extension of Connemara Trail East approximately 0.25 miles. This cost is estimated at $6,926.04/acre.  The developer is responsible for costs associated with the full construction of Addison Avenue. This cost is estimated at $35,148.80/acre. The applicant proposes to construct a segment of Addison Avenue with this project, so this cost may be reduced. 3. Plans must be signed by an engineer registered in the state of Minnesota. ROADWAYS: The applicant proposes the construction of Addison Avenue from the existing temporary cul-de-sac to the eastern property line. A temporary hammerhead-type end section would be constructed where future driveway approaches will be constructed. This is an acceptable end treatment as it will reduce the amount of pavement and curb and gutter reconstruction with future phases while still providing turnaround for emergency vehicles. 4. Callout the portion of the Addison Avenue profile that is based on plans by others. Include the note that wear course has not yet been installed. 5. City Project 2018-06, Addison Avenue Improvements, will install sidewalk on the northeastern side of Addison Avenue. The applicant shall install sidewalk on the northeast side of Addison Avenue that will be constructed with Prestwick Place 17th. 6. Revise intersection details to include the sidewalk. 7. “Future Thru Street” signage is required at the end of Addison Avenue. 8. A street lighting plan shall be submitted for review and must comply with City standards. Street light requirements are detailed below:  at all public street intersections  at the end of all cul-de-sacs  at regularly spaced intervals (not to exceed 500’) on alternating sides of the street  at all instances where the road configuration warrants extra illumination as determined by City Engineering Staff Two private streets, to be owned and maintained by a Homeowner’s Association, are proposed to provide access to the townhomes: Street 1 and Street 2. Street 1 will have a right-in/right-out access to Addison Avenue as the access is located across from the beginning of the turn lane stripes for Addison Avenue to 141st Street. 9. The applicant shall appropriately sign the intersection a “No Left Turn” or modify the access location such that staff approves a full access from Addison Avenue. 10. The end of Street 1 shall be signed “No Parking” 11. The applicant’s engineer shall provide a turning movement inset to insure Lot 4, Block 3 has enough space to back out of the driveway. 12. Staff recommends high-back curb for the parking areas on Street 1. Street 2 accesses Addison Avenue across from the existing driveway to the Prestwick Place Townhomes site. 13. Street 2 alignment shall be adjusted to intersect Addison Avenue at a 90-degree angle and attempt to eliminate short tangents/curves that may be awkward to navigate. 14.All street names and intersections must be labeled in profile view of the construction plans. 15.The plans shall be revised to show locations and slopes of the driveways. RIGHT-OF WAY & EASEMENTS: The plat includes right-of-way dedication for Addison Avenue and drainage and utility easement to be dedicated as required. 16.Drainage and utility easements are required on Outlot A and will be required on Outlot D- FUT for the private streets. 17.Temporary roadway easements shall be dedicated for the construction of a temporary hammerhead at the end of Addison Avenue. 18.The width of drainage and utility easements over all public utilities shall be verified during final design and incorporated into the final plat. 19.The applicant shall deed Outlot H to the City for ownership and maintenance of the storm water ponding and infiltration areas concurrently with the final plat recording. 20.Signage for natural areas around the pond buffer shall be provided by the developer and a 3- year maintenance warranty shall be required to ensure establishment of the naturally vegetated areas. Costs associated with the establishment of the naturally vegetated pond buffer shall be a cost of the development. 21.The developer is required to coordinate with the gas pipeline owners to obtain all permits and agreements for grading and utility work within the pipeline easement areas. Copies of all agreements shall be submitted to the City prior to construction. 22.More information regarding the gas pipelines and easements are required on the plan. Contact information, pipeline sizes and material, and warnings should be shown. The developer is required to meet the plan requirements of the gas pipeline owners. Pothole elevations shall be provided during final design at each gas pipeline crossing location to verify the improvements can be constructed as proposed. 23.More information regarding transmission line “H” is required on the plan, whether this is for a future line or a line that has previously been abandoned. 24.Trees are not allowed to be planted within D&U easements, over the proposed storm sewer, or within a pond access location. WATER & SANITARY UTILITIES: The applicant proposes to connect to City water and sanitary sewer within Addison Avenue. The project also proposes to extend the Addison Avenue utilities to the eastern property line. Water and sanitary mainlines constructed in this project will be City-owned and maintained. 25.The applicant shall coordinate their schedule for utility connection with the City’s Addison Avenue project, CP 2018-06. 26.A hydrant is required for flushing the watermain stub at the end of Addison Avenue. 27.Two gate valves are required at three-legged intersections. 28.Staff recommends using a 0.50% slope for 8” sanitary sewer to insure that construction minimums are met. 29.Watermain and Sanitary Sewer will be revised during final design. Typical revisions will include number and placement of hydrants, gate valves and manholes. GRADING & DRAINAGE: The applicant’s plan proposes to collect stormwater from Streets 1-3 and Addison Avenue at on street catchbasins and direct the flow to a pond and infiltration basin on Outlot H. 30. Grading shall not direct stormwater runoff towards building pads. Revise contours or callout spot elevations to illustrate grading to prevent runoff to proposed structures. 31. Revise proposed contour 940 on Outlot E to tie-in to the existing contours. 32. Recommend shifting Blocks 5 and 6 to reduce the impervious surface from long driveways. 33. Show the location of the soil boring on the grading plan. Closest soil boring to infiltration basin is ST-14 with is approximately 500 feet away. Include boring ST-16 with Prestwick 17th Stormwater Management Report. 34. Include pond and infiltration basin cross section detail in grading plan. A 4:1 slope maximum is required above the normal water level. 35. Provide updated survey north of property boundary to reflect updated current grading from Greystone. Pond 1P HWL from Greystone III Hydrology Report should be included on the Prestwick 17th Grading plans: 100-yr HWL = 924.54’; 10-Day Snow Melt = 928.28’ 36. Annotate a maintenance access to all pond structures on the grading plan. The maintenance access shall be paved with an 8% maximum grade, 2% cross slope, minimum width of 10- feet, and a turnaround. 37. No permits were attached to the review. An NPDES Permit and SWPPP is required prior to the final plat. 38. Show location of topsoil stockpile in the erosion and grading plan. 39. Include the inlet protection symbol in the legend on the erosion control plan. 40. Add the following comment in the erosion control sequencing: Construct the NURP pond in the initial phase of grading to act as pretreatment of runoff during construction. Clean out any accumulated sediments after final restoration. STORMWATER MANAGEMENT: Stormwater runoff will be collected at catchbasins on Addison Avenue and Streets 1-3. Runoff collected in catchbasins will be routed to the pond and infiltration basin on Outlot H. 41. Revise the design of stormwater pipe from Street 1 to a more direct route to the ponding. 42. Review Prestwick Place Preliminary Grading Plan – East dated 06/20/07 for previously proposed offsite drainage routed to regional pond in Outlot H. Drainage area south of Addison Ave should be expanded to the high points shown on the previous grading plan and include storm sewer subs to meet spread requirements as required. 43. Separate Prestwick 17th parcel and offsite areas in report narrative annotating drainage area and impervious percentage for each. 44. Include offsite area to the east in drainage area maps and HydroCAD model to demonstrate existing runoff volume will not flow into proposed regional pond and to verify that all proposed low floor / low opening elevations meet the City’s freeboard requirements. 45. Ensure HWL in the plans to match the HWL in the HydroCAD model. City Engineering Guidelines do not allow for infiltration when calculating the pond’s HWL. 46. Show 100-year HWL, 100-year Volume and 10-day snow-melt HWL on grading plans as required by engineering guidelines. 47. Include an outlet control structure detail in the plan. Show the location of the outlet control structure on the grading plan in the NE corner of the site discharging on the Greystone 7th Outlot E. 48. Recommend the NURP pond be lined to allow the basin to hold the permeant pool of water. 49. Provide a detail of the pond EOF section in the plan. 50. Call out all EOFs from all low points. Indicate these locations on the grading plan with spot elevations and flow arrows. EOF from Addison Avenue, Sta. 6+00 missing. 51. Submit pipe sizing calculations for City review. Gutter flow must not exceed 300-feet and flow rates to each CB must not exceed 3.0 cfs. 52. All storm sewer pipe must be 15-inch RCP or larger. 53. Include intersection detail for Addison Ave Sta. 6+00 in construction plans. Ensure that low point is not in middle of intersection. 54. To comply with NPDES Construction Permit requirements any soils with an infiltration rate greater than 8.3 in/hr will need to be amended. Provide infiltration basin amendment plan for review. 55. Post-construction infiltration testing utilizing an ASTM approved method will be required to show compliance with section 16.11 of the NPDES Construction Stormwater Permit. 56. Table 3 should be updated with the following methodology - 1/12 ac-ft per ac per day calculation is used to calculate the required infiltration surface area in the infiltration basin. 57. Provide a minimum of 3.0-feet of freeboard from the basin HWL and the lowest adjacent building opening. Compliance will need to be confirmed after other comments are addressed. 58. Provide a minimum of 1.0-feet of freeboard from the basin HWL and the low floor elevation. The following buildings are not in compliance. Lots 5, 6, Block 1A; Lots 1-6, Block 2A; Lots 1-4, Block 3. 59. Clearly label low floor and low opening elevations on all building pads. Some text is difficult to read at scale drawn. 60. Provide 3’ sump structure on last manhole prior to discharge to pond: CBMH 104 and STMH 113. 61. Only use the VB-type grate at low point: CBMH 120 and 121. 62. Storm Sewer design information is required to confirm required easement widths. If the storm sewer is to be less than 10’ deep, the easement shall be a minimum of 20’ wide. If the storm sewer is 10’ deep or greater, then the easement shall be twice as wide as the depth. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015. Attached: Memorandum RE: Prestwick 17th Plan Review by WSB MEMORANDUM To: Kim Lindquist, Community Development Director Kyle Klatt, Senior Planner Anthony Nemcek, Planner Brian Erickson, City Engineer/Public Works Director Stephanie Smith, Assistant City Engineer From: Dan Schultz, Parks and Recreation Director Date: February 21, 2019 Subject: Prestwick Place – 17th Final Plat The Parks and Recreation Department recently reviewed the final plat for the Prestwick Place 17th Addition. After reviewing the plans, the Parks and Recreation Department staff has the following comments: PARKS DEDICATION The parks dedication requirement for the 26 units in the 17th addition is to be cash in lieu of land. The cash in lieu of land dedication for 26 units is $74,100 (26 units x $2,850 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.