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6.k. Request by U.S. Home Corporation for approval of a PUD Final Site and Building Plan and Preliminary and Final Plats for Prestwick Place 18th Addition
EXECUTIVE SUMMARY City Council Meeting: May 7, 2019 AGENDA ITEM: Request by U.S. Home Corporation for approval of a PUD Final Site and Building Plan and Preliminary and Final Plats for Prestwick Place 18th Addition AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.k. ATTACHMENTS: Resolutions; Subdivision Agreement; Excerpt from March 18, 2019 Planning Commission Meeting Minutes; Site Location; Preliminary Plat; Final Plat; 2007 PUD Approval; Site Plan; Grading Plan; Utility Plan; Landscape Plan; Exterior Elevations and Floor Plans; Parks and Recreation Director’s Memo Dated March 14, 2019; Engineer’s Memo Dated March 18, 2019 APPROVED BY: LJM RECOMMENDED ACTION: 1. Motion to adopt a resolution approving the Final Site and Building Plan for Prestwick Place 18th Addition subject to conditions. 2. Motion to adopt a resolution approving the Preliminary Plat for Prestwick Place 18th Addition subject to conditions. 3. Motion to adopt a resolution approving the Final Plat for Prestwick Place 18th Addition subject to conditions. 4. Motion to Approve the Subdivision Development Agreement for Prestwick Place 18th Addition and Authorizing the Mayor and City Clerk to enter into this Agreement. SUMMARY Applicant: U.S. Home Corporation, dba Lennar Location: Outlot L, Prestwick Place; Approximately 600 feet east of Akron Avenue and 1,000 feet north of County Road 42 Gross Acres: 15.07 Acres Net Acres: 15.07 Acres Proposed Units: 106 Units Gross Density: 7.03 Units/Acre Net Density: 7.03 Units/Acre Comp Plan Des.: MDR-Medium Density Residential Zoning: R3 PUD-Medium Density Residential Planned Unit Development 2 The Council is being asked to consider a request from U.S. Home Corporation for Preliminary and Final Plat approval and approval of a Planned Unit Development (PUD) Final Site and Building Plan for a 106 unit townhome development. The City previously approved a PUD Concept Plan and PUD Master Development Plan and Rezoning for the subject property and surrounding area, with the latter approval occurring on October 2, 2007. As specified in the City’s Zoning Ordinance, final site and building plan signify approval of all plans necessary prior to application for a building permit subject to other necessary approvals by the city including, but not limited to platting. Because it has been over one year since the preliminary plat for Prestwick was approved by the City, the applicant is also requesting approval of an updated preliminary plat along with the final plat. As the Council is aware, an approved Master Development Plan functions as the zoning for the property and therefore review of this project should be compared to the 2007 approval with conditions. The Planning Commission and Staff are recommending approval of the requests. PLANNING COMMISSION ACTION The Planning Commission held a hearing to review this request and receive public comment. The Commission asked for clarification about the function of the street at the northern most edge of the site. That street will function as a driveway for the units facing north to avoid direct access onto Addison Avenue. The Commission also inquired about the sidewalks along public streets adjacent to the site. Assistant City Engineer Stephanie Smith stated that the width of the right of way would accommodate the necessary infrastructure and that any landscaping would be planted after the street is constructed. The Commission also asked if the structures would be built on a slab and if any consideration has been given to include storm shelters or “safe rooms” within each unit. This situation is not something that is addressed by the City Ordinance, and the applicant indicated that it isn’t consistently required among the communities they are building in. Finally, the commission asked about the location of additional guest parking. Staff responded that they would work with the applicant to identify locations for additional guest parking that is not on the street. Since the meeting, the applicant has shown locations where additional parking will be provided. BACKGROUND The subject property is part of a larger 290 acre mixed use development approved by the City in 2007 on the northwest and northeast quadrants of County Road 42 and Akron Avenue. The approved PUD Master Development and Rezoning includes approximately 50 acres of commercial, 90 acres of residential, and 130 acres platted as outlots for future development. Most of the approved development areas west of Akron Avenue received final plan approval and have since been developed. The Dakota County CDA has begun constructing its Prestwick Place Townhomes development northwest of the site, and the City Council is reviewing at its next meeting the Planning Commission’s recommendation of approval for a fifty unit townhome development immediately north of the subject parcel. The majority of land within the Prestwick Place Planned Unit Development remaining to be constructed is guided for commercial uses in the northeast and northwest of the intersection of Akron Avenue and County Road 42 as well as land guided for High Density Residential development immediately west of the subject parcel on land owned by the Dakota County CDA. Prior to approval of the Prestwick Place mixed use development, the City completed an environmental review of the entire project area and land further north (the CSAH 42/Akron AUAR). The AUAR examined three possible development scenarios for the entire area, and included an evaluation of the potential impacts from development, including traffic, storm water, water supply, and other environmental concerns. The approved plans for Prestwick Place adhere to the first development scenario, which was the lowest density alternative at 6.21 dwelling units per acre. Since approval of the PUD, the City has approved plan modifications west of Akron Avenue that have reduced the overall project density by eliminating many of the planned townhouse units. This means that future developments consistent with the Prestwick 3 preliminary plans will fall well within the project scope and impacts expected when the development was reviewed and first approved by the City. Lennar has now submitted its request for Planned Unit Development Final Site and Building plan approval with the applications currently in front of the Planning Commission. The adopted Master Development Plan functions as the zoning for the site and the final site and building plans should be reviewed based upon that approved Master Plan. The current application includes all of the required detailed information for a final plan review, including a final site plan, grading, drainage, and erosion control plans, stormwater plan, landscaping plan, and related information. The overall configuration of units follows the approved master development plan very closely, but some of the buildings that were shown to contain ten or twelve units in the original plan have been split into buildings containing six to eight units. Staff finds the final site and building plan to be in substantial compliance with the approved Master Development Plan. ISSUE ANALYSIS Subdivision and planned unit development requests are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance are being followed. Generally, if the application meets these requirements it must be approved. Because the subject property is located within Prestwick Place, the City has established zoning for the area of R3-PUD. This means that the PUD master development plan functions as the zoning for the property and the more specific requirements within the PUD are the standards that must be used to evaluate development proposals rather than the R3 ordinance criteria. The applicable PUD standards, along with staff findings related to each are provided below. Similar to a site plan review process, if the Commission finds that the application is consistent with the ordinance criteria (the master development plan in this case) the project should be approved. General Subdivision Design The applicant is proposing to subdivide the site into a number of outlots and individual lots for each unit within each outlot. In most subdivisions containing townhomes, the common area throughout the entire site has been platted as a single outlot. The reasoning provided by the applicant is that it is easier for the homeowners’ association to manage the property maintenance. Staff has no objections to this. The applicant is proposing private streets within the development with the exception of a cul-de-sac labeled 141st Court East, which will be public, in the southern portion of the site from which private streets will extend. The private streets are contained within outlots as well. Because the stormwater pond in the southeast portion of the site will be serving 141st Court East, and likely some of Adalyn Avenue, staff is recommending that the ponding area be placed in an outlot and deeded to the city with the recording of the final plat for ownership and maintenance of the pond. Until that time, staff is recommending the applicant dedicate a drainage and utility easement over that ponding area. 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 at the low end of this range at 7.03 units per acre. Consistent with the future land use designation, the property is zoned R-3 Medium Density Residential/Planned Unit Development. Single-family attached residential units are a permitted use in this district in accordance with the minimum lot requirements and setbacks specified in the Zoning Ordinance. With the PUD designation, the development also needs to adhere to the standards, requirements, and any flexibility allowed under the approved master development plan. Planned Unit Development Final Site and Building Plan The 2007 Prestwick Place PUD Master Development Plan established that development within the PUD 4 area will follow the underlying zoning requirements with the exceptions listed in the approved PUD Agreement. These exceptions include the following: • The townhouse buildings within Outlot G, Outlot L, and that part of Outlot M zoned R3 PUD, Prestwick Place, are permitted to have a maximum of 12 units per building. • The townhouse buildings within Outlot G, Outlot L, and that part of Outlot M zoned R3 PUD, Prestwick Place, have a setback from the public street of 25 feet, a setback from property lines of 30 feet, a minimum building separation of 20 feet, and a minimum parking setback from public street right of way of 20 feet. The final development plans comply with all of these requirements as summarized in the following chart: Standard Requirement Proposed Total Residential Units 106 (Preliminary PUD) 106 Max Units Per Building 12 8 Street Setback 25 ft. 29 ft. Adalyn Ave. 77 ft. Future Connemara Extension 61 ft. Addison St. Property Line Setback 30 ft. 38 ft. Building Separation 20 ft. 29 ft. Parking Setback 20 ft. 45 ft. Home Designs The development will contain both row-style townhomes and back-to-back townhomes. The proposed townhome structures will feature exteriors which are similar in design, but with slight variations such as gables on the front elevations. Exterior materials will be a combination of face brick or stone on the first story. The second story will be finished with lap siding and the gables will be finished with shakes to provide additional variation in materials. The units, which will be approximately 1,700 square feet in area, will contain three bedrooms and three bathrooms. The overall building design either meets or exceeds the architectural requirements elsewhere within Prestwick Place, and will provide for a unified site design throughout the project area. Access and Parking The extension of Addison Avenue being constructed with Prestwick Place 17th Addition will provide access to the site from the north. A private street is being proposed to serve the northernmost units with accesses onto Addison Avenue that align with the accesses serving the development immediately north of the site. Adalyn Avenue, along the western border of the site, will provide access to the remainder of the site. Three private streets will intersect Adalyn Avenue and allow traffic to loop around the buildings. A public street labeled 141st Court East will provide access to Adalyn Avenue for two other internal private streets. While Adalyn Avenue will provide a connection between Addison Avenue and the future extension of Connemara Trail, no direct access will be provided from Connemara Trail itself. The plan provides a minimum twenty foot setback from the private streets to allow for two parking spaces on the driveway of each unit. Additional guest parking is required in the amount of .5 stalls per unit. The plans submitted by the applicant show a total of 53 guest parking spaces (.5 stalls per unit) located throughout the site. Parking Requirement Parking Provided 2.5 stalls per unit (2 driveway stalls/unit, .5 guest stalls/unit 212 driveway stalls, 53 guest stalls (265 total/2.5 per unit) 5 Landscaping The applicant has provided a landscaping plan that shows a total of 265 trees and 770 shrubs. There are no existing trees on the property so the applicant will not need to provide any replacement trees in the development. The landscape plan exceeds all the requirements of the landscape ordinance. Specifically, the ordinance requires a minimum of one tree per unit and one foundation planting per ten linear feet of building perimeter. This results in a total of 106 street trees and 643 shrubs (6,424 linear feet of building perimeter) required. The applicant is providing 115 street trees and an additional 150 buffer trees. The plan shows 770 shrubs places near the entrance stoops of the units and also around the patios at the rear of each unit. Landscaping Required Provided Trees 106 (1 tree per dwelling unit) 115 Street Trees 27 Deciduous Buffer Trees 94 Coniferous Buffer Trees 29 Ornamental Buffer Trees Foundation Plantings 643 (1 shrub per 10 linear feet of building) 770 Shrubs The landscape plan provides a good mix of trees, with the majority of the buffer trees placed along Adalyn Avenue and Addison Avenue. Street trees are placed along the future extension of Connemara Trail at the required spacing of every 50 feet. Additional buffer trees are provided around the interior green spaces, particularly along the pedestrian path that winds through the site, north and south. Parks and Pedestrian Features The City of Rosemount Parks Master Plan does not identify a new park in this area, and staff is recommending the City collect cash in lieu of land dedication for this project. This project will be served by two neighborhood parks: Ailesbury Park, which is located approximately one quarter mile west of Akron Avenue along Connemara Trail, and also Greystone Park located one quarter mile north of the site between 138th Street East and 139th Street East. Pedestrian access to the site will be provided by an extension of the bituminous trail on the south side of Addison Avenue along the northern boundary of the site. The applicant’s plans do not indicate a sidewalk or path along Adalyn Avenue, but staff anticipates that when that street is designed and constructed as a City project a sidewalk or path will be constructed with it. Pedestrian access into the site from Adalyn Avenue is provided at 141st Court East. The plans show a path entering the site along that street and then extending north between the buildings before intersecting the trail along Addison Avenue. 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 141st Court East and the internal private road system. The City’s policy specifies the type and spacing of fixtures to be used. The applicant has provided a lighting plan that meets the requirements of the City Code. Trash Enclosures Each individual townhouse unit will be responsible for trash enclosures similar to any other single family 6 development. All trash must be stored in an approved container and within an enclosed building before and after the scheduled pickup. Signage The final site plan does not indicate that a monument sign is being proposed anywhere within the development. If a sign is going to be constructed on the site, the applicant will need to secure a sign permit prior to installation and the sign must comply with all applicable requirements of the sign ordinance concerning size, location, and other regulations. Engineering Comments This request was reviewed by the City’s assistant city engineer, and comments are provided in the attached engineer’s memo dated March, 18, 2019 Staff is recommending the stormwater ponding area in the southeast portion of the site be placed in an outlot and deeded to the City. Staff is also recommending the plans be revised to show intersection details along Adalyn Avenue that include a sidewalk to be constructed with Adalyn Avenue. Finally, staff feels that the applicant is providing more water main stubs to the property east of the site than may be necessary. Staff is recommending the applicant work with staff to determine the number and location of water main stubs to that property. Phasing The applicant has indicated that they are planning to begin construction in the spring of 2019. The first phase of development will consist of 42 units located north of Street C. Adalyn Avenue provides the access for the majority of the units within this phase. Because the City is not planning to construct that street until 2020, a temporary segment of Adalyn Avenue will be required to serve those units that are unable to be accessed from Addison Avenue. CONCLUSION & RECOMMENDATION Staff finds that the Prestwick Place 18th Addition Preliminary and Final Plats and Planned Unit Development Final Site and Building Plan are consistent with the Prestwick Place PUD Master Development Plan approval. The Planning Commission and staff recommend approval of the Prestwick Place 18th Addition Preliminary and Final Plats and Planned Unit Development Final Site and Building Plan with the conditions listed. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-38 A RESOLUTION APPROVING THE FINAL SITE AND BUILDING PLAN FOR PRESTWICK PLACE 18TH ADDITION WHEREAS, the Community Development Department of the City of Rosemount received a request for Final Site and Building Plan Approval from U.S. Home Corporation concerning property legally described as: Outlot L, Prestwick Place, Dakota County, Minnesota WHEREAS, on March 26, 2019 the Planning Commission of the City of Rosemount held a public hearing and reviewed the Final Site and Building Plan for Prestwick Place 18th Addition; and WHEREAS, on March 26, 2019, the Planning Commission recommended approval of the Final Site and Building Plan for Prestwick Place 18th Addition, subject to conditions; and WHEREAS, on May 7, 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 Final Site and Building Plan for Prestwick Place 18th Addition, subject to: 1.Compliance with terms and conditions of 2007 Prestwick Place Master PUD Development Agreement 2.Compliance with all the requirements of the City Engineer as detailed in the attached memorandum dated March 18, 2019. ADOPTED this 7th day of May, 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 2019-39 A RESOLUTION APPROVING THE FINAL PLAT FOR PRESTWICK PLACE 18th 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 L, PRESTWICK PLACE, Dakota County, Minnesota. WHEREAS, on March 26, 2019, the Planning Commission of the City of Rosemount reviewed the Final Plat for Prestwick Place 18th Addition; and WHEREAS, on March 26, 2019, the Planning Commission recommended approval of the Final Plat for Prestwick Place 18th Addition, subject to conditions; and WHEREAS, on May 7th, 2019, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendations and the Final Plat for Prestwick Place 18th 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: a.Approval and execution of a subdivision agreement. b.Drainage and utility easements shall be dedicated over all stormwater ponds, buffers and outlets. c.The applicant shall place the ponding area in an outlot and deed it to the City for ownership and maintenance concurrently with the final plat recording. d.Provision of $32,670 for Landscaping Surety e.Provision of $119,700 for Fee-in-Lieu of Park Dedication f.Compliance with all the requirements of the City Engineer as detailed in the attached memorandum dated March 18, 2019. ADOPTED this 7th day of May 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 - 40 A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR PRESTWICK PLACE 18TH ADDITION WHEREAS, the City of Rosemount received a request for Preliminary Plat approval from Lennar Corporation concerning property legally described as: Outlot L, Prestwick Place, Dakota County, Minnesota. WHEREAS, on March 26, 2019, the Planning Commission of the City of Rosemount held a public hearing and reviewed the Preliminary Plat for Prestwick Place 18th Addition; and WHEREAS, on March 26, 2019, the Planning Commission recommended approval of the Preliminary Plat for Prestwick Place 18th Addition, subject to conditions; and WHEREAS, on May 7, 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 18th Addition, subject to the following conditions: a.Approval of a Final Site and Building Plan for Prestwick Place 18th Addition. b.Drainage and utility easements shall be dedicated over all stormwater ponds, buffers and outlets. c.The applicant shall place the ponding area in an outlot and deed it to the City for ownership and maintenance concurrently with the final plat recording. d. Compliance with all the requirements of the City Engineer as detailed in the attached memorandum dated March 18, 2019. ADOPTED this 7th day of May, 2019, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk Prestwick Place 18th Addition April / 2019 G:\ENGPROJ\2019-08 Prestwick Place 18th\Subdivision Agreement 2019-08.docx SUBDIVISION AGREEMENT Prestwick Place 18th 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 18th 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 GIS, 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 $119,726 for the Developer’s share of Akron Avenue, Connemara Trail and Adalyn Avenue improvements, as indicated on ATTACHMENT TWO. f. [additional conditions to be added as necessary] 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, 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 Prestwick Place 18th Addition April / 2019 G:\ENGPROJ\2019-08 Prestwick Place 18th\Subdivision Agreement 2019-08.docx 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 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 Prestwick Place 18th Addition April / 2019 G:\ENGPROJ\2019-08 Prestwick Place 18th\Subdivision Agreement 2019-08.docx 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 2019-08), 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, Twenty-Six Thousand, Three Hundred Six Dollars ($1,026,306). The amount of the security was calculated as follows: Cost 110% Grading & Erosion Control $52,745 $58,020 Pond Restoration and Erosion Control Removal $25,000 $27,500 Survey Monumentation $21,000 $23,100 Landscaping (99 trees) $29,700 $32,670 Street Lighting (2 lights) $8,000 $8,800 Cost 125% Surface Improvements $300,113 $375,142 Water Main Improvements $178,680 $223,350 Sanitary Sewer Improvements $130,420 $163,025 Storm Sewer Improvements $91,760 $114,700 Total $837,418 $1,026,306 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. Prestwick Place 18th Addition April / 2019 G:\ENGPROJ\2019-08 Prestwick Place 18th\Subdivision Agreement 2019-08.docx 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. 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 Prestwick Place 18th Addition April / 2019 G:\ENGPROJ\2019-08 Prestwick Place 18th\Subdivision Agreement 2019-08.docx 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 $183,188 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: $140,195 Engineering Fees (15% of construction estimate) $2,500 Attorney Fees $35,049 5% City Fees (based on construction estimate of $700,973) $200 4 signs purchased from the City $2,520 GIS Fees $2,725 Seal Coating (east half of Adalyn Avenue) $183,188 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. Prestwick Place 18th Addition April / 2019 G:\ENGPROJ\2019-08 Prestwick Place 18th\Subdivision Agreement 2019-08.docx 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 incurred prior to the creation of a common interest community by recording a declaration against the Subject Property in the Office of the Dakota County Recorder or Registrar of Titles. After the creation of a common interest community, the association formed to govern the common interest community shall pay all energy costs for street lights installed within the Subject Property. E. The Developer will pay the cost of sealcoating public 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 public 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. 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 $119,700 B. Storm Sewer Trunk Area Charges in the amount of $24,371 C. Sanitary Sewer Trunk Area Charges in the amount of $5,536 D. Watermain Trunk Area Charges in the amount of $33,475 E. Developer share of Akron Avenue, Connemara Trail and Adalyn Avenue improvements in the amount of $119,726, as shown on ATTACHMENT TWO Prestwick Place 18th Addition April / 2019 G:\ENGPROJ\2019-08 Prestwick Place 18th\Subdivision Agreement 2019-08.docx 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 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. Prestwick Place 18th Addition April / 2019 G:\ENGPROJ\2019-08 Prestwick Place 18th\Subdivision Agreement 2019-08.docx 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 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. Prestwick Place 18th Addition April / 2019 G:\ENGPROJ\2019-08 Prestwick Place 18th\Subdivision Agreement 2019-08.docx 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 18th Addition April / 2019 G:\ENGPROJ\2019-08 Prestwick Place 18th\Subdivision Agreement 2019-08.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 Prestwick Place 18th Addition April / 2019 G:\ENGPROJ\2019-08 Prestwick Place 18th\Subdivision Agreement 2019-08.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. 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 ($20,000 per acre of mitigation). Prestwick Place 18 EXHIBIT B (Page 1 of 2) No.Item Cost 110%Calculation 1 Grading and Erosion Control 52,745$ 58,020$ $3500/ac x 15.07 acres, Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 21,000$ 23,100$ $500/lot x 42 lots 4 Retaining Wall -$ -$ N/A 5 Landscaping 29,700$ 32,670$ Per City Planner (99 trees x $300) 6 Street Lights 8,000$$2 lights x $4,000/light 7 Surface Improvements 300,113$ 375,142$ 125% 8 Water Main Improvements 178,680$ 223,350$ 125% 9 Sanitary Sewer Improvements 130,420$ 163,025$ 125% 10 Storm Sewer Improvements 91,760$ 114,700$ 125% Total $ 837,418 $ 1,026,306 No.Item Cost Estimated Construction Cost 700,973$ 1 Engineering Fees 140,195$ 2 Attorney Fees 2,500$ 3 5% City Administrative Fees 35,049$ 4 Street Light Energy Cost -$ 5 Buffer Monumentation 200$ 6 GIS Fees 2,520$ 7 Trail Fog Seal -$ 8 Seal Coating 2,725$ Total 183,188$ No.Item Cost 1 Storm Sewer Trunk Charge 24,371$ 2 Sanitary Sewer Trunk Charge 5,536$ 3 Water Trunk Charge 33,475$ 4 Stormwater Ponding Fee 5 Park Dedication 119,700$ 6 Akron Avenue Assessment 1,280$ 7 Connemara Trail West 11,686$ 8 Connemara Trail East 35,665$ 9 Adalyn Avenue 71,095$ Total 302,808$ Estimate 5% of Estimated Construction Cost Developer responsible for ongoing electricity & maintenance $60/unit x 42 units, or $120/acre N/A 4 signs x $50/sign (purchase from City) 15% of Estimated Construction Cost Letter of Credit for Developer Improvements (due with signed agreement) City Fees (due with signed agreement) Calculation Developer's Estimate $6500/acre x 5.15 acres $1.70/SY x 1602.67 SY (east half of Adalyn Ave) Development Fees (due before signed plat is released) 42 units x $2,850/unit (medium density) Calculation $6865/net developable acre x 3.55 acres $1075/acre x 5.15 acres N/A See Attachment Two 8,800 Block Lots Units Block Lot Units SQ FT Acres 1 6 6 1 1 1 2016 0.046 2 6 6 1 2 1 1536 0.035 3 8 8 1 3 1 2016 0.046 4 8 8 1 4 1 2016 0.046 5 6 6 1 5 1 1536 0.035 6 8 8 1 6 1 2016 0.046 Total 42 42 2 1 1 2016 0.046 2 2 1 1536 0.035 Total Plat Area = 15.07 acres 2 3 1 2016 0.046 Total Park Area 0.00 acres 2 4 1 2016 0.046 Future Plat Area = 9.92 acres 2 5 1 1536 0.035 Developable Area = 5.15 acres * 2 6 1 2016 0.046 Ponding to HWL = 1.60 acres 3 1 1 2016 0.046 Net Developable Area = 3.55 acres 3 2 1 1536 0.035 3 3 1 1536 0.035 * Excludes future plat and park areas 3 4 1 2016 0.046 3 5 1 2016 0.046 3 6 1 1536 0.035 3 7 1 1536 0.035 3 8 1 2016 0.046 4 1 1 2016 0.046 4 2 1 1536 0.035 4 3 1 1536 0.035 4 4 1 2016 0.046 4 5 1 2015 0.046 4 6 1 1536 0.035 4 7 1 1536 0.035 4 8 1 2016 0.046 5 1 1 2016 0.046 5 2 1 1536 0.035 5 3 1 2016 0.046 5 4 1 2016 0.046 5 5 1 1536 0.035 5 6 1 2016 0.046 6 1 1 2016 0.046 6 2 1 1536 0.035 6 3 1 1536 0.035 6 4 1 2016 0.046 6 5 1 2016 0.046 6 6 1 1536 0.035 6 7 1 1536 0.035 6 8 1 2016 0.046 Outlot A 17631.336 0.405 Outlot B 8981.025 0.206 Outlot C 6392.369 0.147 Outlot D 14767.556 0.339 Outlot E 37374.604 0.858 Outlot F 6633.654 0.152 Outlot G 6293.721 0.144 Outlot H 6510.820 0.149 Outlot I 432024.589 9.918 Street ROW 43874.899 1.007 Total Boundary 656515.573 15.072 Prestwick Place 18 EXHIBIT B (Page 2 of 2) Totals Prestwick Place 18th Addition April / 2019 G:\ENGPROJ\2019-08 Prestwick Place 18th\Subdivision Agreement 2019-08.docx ATTACHMENT ONE Prestwick Place 18th Addition Final Plat Prestwick Place 18th Addition April / 2019 G:\ENGPROJ\2019-08 Prestwick Place 18th\Subdivision Agreement 2019-08.docx ATTACHMENT TWO Prestwick Place 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 (Adalyn Ave) 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 $382,036 $415,860 $6,305,625 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 (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 (Adalyn Ave) Total Assessment 0.00 0.00 15.07 $3,746 $0 $34,196 $104,362 $0 $0 $0 $0 $0 $0 $208,038 $350,343 $230,617 TOTAL $0 $0 $0 $0 $0 $0 $71,095 $119,726 5 FUTURE PLAT ------9.92 $2,466 $0 $22,510 $68,698 $0 $0 $0 $0 $0 $0 $136,943 5 PRESTWICK PLACE 18TH ADDITION ------5.15 $1,280 $0 $11,686 $35,665 Tract 5: US HOME CORPORATION COST PER ACRE ------$249 $0 $2,269 $6,925 $0 $0 $0 $0 $0 $0 $13,805 $23,248 14.74 28.29 19.18 19.75 7.91 15.07 29.52 16.22 117.38 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$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 $1,516,728 $596,396 4B US HOME CORPORATION 7.912 $1,967 $17,951 $54,785 $0 $0 $254,618 $136,740 $0 $0 $202,120$04ADAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY 19.748 $4,908 $44,806--- $0 $350,343 6 AKRON 42 LLC 29.513 $19,017 $988,674 5 US HOME CORPORATION 15.072 $3,746 $34,196 $104,362 $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 $0 $0 $0 $0 $0 $37,984 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 19.18 --- --- --- $0 $0 $0 $0 $0 $398,195 $0 $0 $0 $207,822 $0 $0 $0 $208,038 $0 $0 $179,916 $0 $332,977 $0 $13,409 $32,181 $0 $0 $0 $0 $0 $0 $0 5.b. Request by US Home Corporation, (Lennar) for Approval of a Preliminary and Final Plat and PUD Final Site and Building Plan Approval for Prestwick Place 18th Addition (19-15-FP & 19-16-SP) Planner Nemeck gave a brief summary of the staff report for the Planning Commission. Commissioner Reed inquired about the northern part of the lot where there is a street labeled “A”. Nemeck stated that this street will be used primarily as a driveway for the units nearby. Commissioner Mele inquired about possible sidewalks along Adalyn Avenue and Addison Avenue. Mele expressed concern about placement of the sidewalks with all of the planned landscaping presented. Assistant City Engineer Smith explained that there is an area outside of the right-of-way where the sidewalk would go. Commissioner Freeman inquired about whether or not the townhomes will be built on a slab. Planner Nemeck confirmed they will be built on a cement slab. Freeman asked if staff has looked into requiring a storm shelter or “safe room”. Community Development Director Lindquist stated that staff has not addressed that situation in the ordinance. Commissioner Kenninger inquired about the additional guest parking in the development and where they would be located. Nemeck explained that the spots could be “pull-in” parking off of the private drives or there are additional areas where space is available. City staff and the developer will discuss further to meet the needs of guest parking. The public hearing opened at 6:54 pm. Public Comments: Paul Tabone, Lennar, confirmed that at this time the plans do not include a storm shelter. Tabone will follow up with Lennar staff for more information about a storm shelter. MOTION by Mele to close the public hearing. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 6:56 pm. Additional Comments: None. MOTION by VanderWiel to approve the Final Site and Building Plan for Prestwick 18th Addition, subject to the following conditions: 1. Compliance with terms and conditions of 2007 Prestwick Place Master PUD Development Agreement 2. Compliance with all the requirements of the City Engineer as detailed in the attached memorandum dated March 18, 2019. 3. Applicant shall revise the site plan to provide 6 additional parking stalls prior to City Council approval. 4. Applicant shall revise plans to provide a sixty-foot separation between the buildings in Blocks 12 and 13 prior to City Council approval. Second by Reed. Ayes: 5. Nays: 0. Motion Passes. MOTION by VanderWiel to recommend that the City Council approve the Preliminary Plat and Final Plat for Prestwick Place 18th Addition, subject to the following conditions: 1. Execution of a subdivision agreement 2. Drainage and utility easements shall be dedicated over all stormwater ponds, buffers and outlets. 3. The applicant shall place the ponding area in an outlot and deed it to the City for ownership and maintenance concurrently with the final plat recording. 4. Provision of $32,670 for Landscaping Surety 5. Provision of $119,700 for Fee-in-Lieu of Park Dedication 6. Compliance with all the requirements of the City Engineer as detailed in the attached memorandum dated March 18, 2019. Second by Mele. Ayes: 5. Nays: 0. Motion Passes. 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 16+0017+0018+0019+0020+0021+0022+0023+0024+0025+00Phone (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 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 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 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 NOTES: 1.PROVIDE A RELATIVELY FLAT MINIMUM 4'x4' LANDING BEHIND THE PEDESTRIAN RAMP, 2% MAXIMUM CROSS SLOPE BOTH DIRECTIONS. 2.CURB RAMP AREA TO BE CONCRETE AND MEET LATEST ADA REQUIREMENTS. RAMP CROSS SLOPE 2% MAXIMUM. BACK-TO-BACK PEDESTRIAN RAMPS SHALL HAVE MINIMUM 48'' LANDING BETWEEN, OR PROVIDE AT-GRADE CROSSING. 3.SIDE FLARES TO BE CONCRETE AND IMPLEMENTED WHERE ADJACENT TO PAVED AREAS. FLARED SLOPE TO BE 10% MAXIMUM. EXISTING CURB RAMP ALTERATIONS, WITH NO LANDING, SHALL BE 8.33% MAXIMUM. PROVIDE 10% MAXIMUM SLOPE, UNLESS NOTED OTHERWISE. 4.ANY VERTICAL LIP THAT OCCURS AT THE FLOW LINE MAY NOT BE GREATER THAN 1/4 INCH. 5.RAMP AND FLARED SIDE SURFACE TO BE MEDIUM BROOM FINISH, PERPENDICULAR TO TRAVEL PATH. 6.WALK SHALL BE PER MnDOT SPEC 2521 MIX NO. 3A32 WITH A 28-DAY DESIGN STRENGTH OF 3900-PSI. PLAN VIEW OF DIAGONAL RAMP PLAN VIEW OF PERPENDICULAR RAMP SECTION A-A ELEVATION OF RAMP 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 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 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 LENNAR.COM LENNAR®The Franklin Colonial Manor Collection Plans and elevations are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to these floor plans, specifications, dimensions 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. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413. Copyright © 2016 Lennar Corporation. All rights reserved. Lennar, the Lennar logo and the Everything’s Included logo are registered service marks or service marks of Lennar Corporation and/or its subsidiaries. (10194) 4/15/16 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 The Twin Cities #1 homebuilder for the last 10 years! DW COATSFURN RETURNWH UP REF.OPENPWDR MUD ROOM 13' x 13' 12' x 10' 18' x 21' 16' x 10' KITCHEN PATIO DININGROOM LIVINGROOM 2 CAR GARAGE MECH FOYER OPT.W OPT.D LIN COATSUP W.I.C. BATH2 LAUNDRY 12' x 7' 11' x 13' 11' x 13' 13' x 14' 11' x 11' RETREAT BEDROOM 2 BEDROOM 3 LOFT OWNER'S SUITE OWNER'S BATH Main Level Upper Level 1,763 Sq. Ft. • 2 Stories • 3 Bedrooms • 3 Bathrooms • 2 Car Garage LENNAR.COM LENNAR®The Franklin Colonial Manor Collection 952-249-3000 A B 2 Stories | 3 Bedrooms | 3 Bathrooms | 2 Car Garage 1,763 Sq. Ft. LENNAR.COM LENNAR®The Revere Colonial Manor Collection Plans and elevations are artist’s renderings and may contain options which are not standard on all models. Lennar reserves the right to make changes to these floor plans, specifications, dimensions 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. U.S. Home Corporation d/b/a Lennar – License No. 20464871. Lennar Sales Corp. – Broker. MN Bldr. Lic # BC001413. Copyright © 2016 Lennar Corporation. All rights reserved. Lennar, the Lennar logo and the Everything’s Included logo are registered service marks or service marks of Lennar Corporation and/or its subsidiaries. (10195) 3/3/16 952-249-3000 16305 36th Ave. N. Suite 600, Plymouth, MN 55446 The Twin Cities #1 homebuilder for the last 9 years! FIRST FLOOR DW COATSREF. PWDR MUDROOM 12' x 13' 16' x 6' 12' x 11' 18' x 21' KITCHEN LIVINGROOM PATIO 2 CAR GARAGE FURN RETURNUP WH DININGROOM MECH FOYER SECOND FLOOR OPT.W OPT.D W.I.C. BATH2 LAUNDRY 12' x 11' 13' x 14' 11' x 13' 11' x 13' 9' x 15' BEDROOM 2 BEDROOM 3 LOFT DOWN OWNER'S SUITE OWNER'S RETREAT OWNER'S BATH Main Level Upper Level 1,733 Sq. Ft. • 2 Stories • 3 Bedrooms • 3 Bathrooms • 2 Car Garage LENNAR.COM LENNAR®The Revere Colonial Manor Collection 952-249-3000 A B 2 Stories | 3 Bedrooms | 3 Bathrooms | 2 Car Garage 1,733 Sq. Ft. 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: March 14, 2019 Subject: Prestwick Place – 18th Final Plat The Parks and Recreation Department recently reviewed the final plat for the Prestwick Place 18th Addition. After reviewing the plans, the Parks and Recreation Department staff has the following comments: PARKS DEDICATION The parks dedication requirement for the 42 units in the 18th addition is to be cash in lieu of land. The cash in lieu of land dedication for 42 units is $119,700 (42 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. MEMORANDUM DATE: March 18, 2019 TO: Anthony Nemcek, Planner CC: Kim Lindquist, Community Development Director Brian Erickson, Director of Public Works/City Engineer FROM: Stephanie Smith, Assistant City Engineer RE: Prestwick Place 18th Addition – Preliminary and Final Plat Review SUBMITTAL: The following review comments were generated from the following Prestwick Place 18th Addition documents prepared by Westwood Engineering: Preliminary Plat (dated 2/18/2019) Preliminary Plans (dated 2/19/2019) comprised of the following: ▫ Grading Plan ▫ Utility Plan and Profiles ▫ Street Plan and Profiles ▫ Landscaping Plan Storm Water Report (dated 1/31/2019) Final Plat 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 5”. 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 $248.58/acre. The developer is responsible for costs associated with the extension of Connemara Trail between Bloomfield and Akron Avenue. This cost is estimated at $2,269.17/acre. The developer is responsible for costs associated with the extension of Connemara Trail East approximately 0.25 miles. This cost is estimated at $6,925.18/acre. The developer is responsible for costs associated with construction of Adalyn Avenue. This cost is estimated at $13,804.79/acre. 3. Plans and stormwater report must be signed by an engineer registered in the state of Minnesota. RIGHT-OF WAY & EASEMENTS: The plat includes right-of-way dedication for Adalyn Avenue and drainage and utility easement to be dedicated as required. 1. Drainage and utility easements are required over the private streets and all public utilities. 2. The width of drainage and utility easements over all public utilities shall be verified during final design and incorporated into the final plat. 3. The applicant shall place the ponding area in an outlot and deed it to the City for ownership and maintenance concurrently with the final plat recording. 4. Temporary drainage and utility easement is required over the temporary swale proposed to direct stormwater from the 18th Addition to the pond area. 5. 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. 6. The developer is required to coordinate with MCES to obtain all permits and agreements for grading and utility work within their easement area. Copies of all agreements shall be submitted to the City prior to construction. ROADWAYS & SIDEWALKS: Prestwick 18th Addition is proposed to be boarded on the north by Addison Avenue (to be constructed with Prestwick Place 17th Addition), on the west by Adalyn Avenue and on the south by Connemara Trail. Both Adalyn Avenue and the Connemara Trail east extension are proposed to be constructed by the City in 2020. The applicant proposes to construct three private streets, labeled A, B, C, D and E. A public cul-de-sac, 141st Court E, is also proposed to serve the southern portion of the site. 7. Streets A, B, C, D and E and the 8-foot trail within the development shall be owned and maintained by the HOA. 8. Streets B and C will have access off Adalyn Avenue, so the developer must wait for Adalyn Avenue to be constructed by the City, or construct temporary pavement for access. 9. The ends of Street A and E shall be signed “No Parking” 10. The Fire Marshal’s approval is required for the dead-end lengths of Street A and E. 11. Staff recommends high-back curb for the parking areas. 12. 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 13. The applicant’s engineer shall provide a turning movement inset to insure Lot 1, Block 1, Lot 4, Block 3, Lot 4, Block 17 and Lot 4 Block 16 have enough space to back out of the driveway. 14. The plans shall be revised to show slopes of all driveways. 15. ADA-compliant pedestrian ramps are required where the sidewalk and trail meet the street. 16. Sidewalk is anticipated on Adalyn Avenue. Revise intersection details to include the sidewalk. 17. The HOA shall be responsible for snow maintenance of the sidewalk on 141st Court E and the east side of Adalyn Avenue. WATER & SANITARY UTILITIES: The applicant proposes to connect to City water and sanitary sewer within Adalyn Avenue. The project also proposes to extend the utilities to the eastern property line. Water and sanitary mainlines constructed in this project will be City-owned and maintained. The submittal did not include a utility layout for the southern portion of the site, so additional utility comments will be generated when those portions come in for final plat. 18. The applicant shall coordinate their schedule for utility connection with the City’s Adalyn Avenue project and may want to connect the utilities under Street A to Addison Avenue for construction phasing efficiency. 19. The watermain under Streets A, B and C shall be looped. 20. The applicant shall work with staff to determine the number and location of watermain stubs to the property east of this development. 21. Stormwater crossings shall be shown on the watermain profiles. 22. Outside drops are required for the proposed connections to sanitary sewer on Adalyn Avenue. 23. Staff recommends using a 0.50% slope for 8” sanitary sewer to insure that construction minimums are met. 24. 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: 25. 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. 26. No permits were attached to the review. An NPDES Permit and SWPPP is required prior to the final plat. 27. Show location of topsoil stockpile in the erosion and grading plan. STORMWATER MANAGEMENT: The applicant’s plan proposes to collect stormwater and discharge it to a pond and infiltration basin on the south end of their site for NURP treatment and infiltration. Street A and a northern part of the development is proposed to drain out toward Addison Avenue. The temporary swale is proposed to be constructed with the 18th Addition will run north-to-south through the center of the site, directing runoff to the permanent pond. 28. Flared-end section and appropriate velocity dissipation are required for the outfall into the temporary drainage swale. 29. Stormwater pipe serving 141st Court E shall be owned and maintained by the City. The plan shall be revised to separate the private and public storm systems to the extent practical. 30. The applicant shall work with the City to provide stormwater management as appropriate for Connemara Trail and/or Adalyn Avenue as the designs for those streets progress. 31. Recommend the NURP pond be lined to allow the basin to hold the permanent pool of water. 32. All storm sewer pipe must be 15-inch RCP or larger. 33. 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. 34. 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. 35. The applicant is required to comply with the City of Rosemount’s Design Guidelines, Standard Specifications and Detail Plates and all applicable ordinance related to their stormwater design. Further comment on the stormwater plan from the City’s Engineering consultant, WSB, will be made available for review. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015.