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HomeMy WebLinkAbout6.j. Request by U.S. Home Corporation for Approval of a Final Plat for Prestwick Place 21st Addition EXECUTIVE SUMMARY City Council Meeting: December 3, 2019 AGENDA ITEM: Request by U.S. Home Corporation for Approval of a Final Plat for Prestwick Place 21st Addition. AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.j. ATTACHMENTS: Resolution; Subdivision Agreement; Site Location; Final Plat; Preliminary Plat; Construction Plans; Landscaping Plan; Engineer’s Memo Dated October 22, 2019; Parks and Recreation Director’s Memo dated October 17, 2019. APPROVED BY: LJM RECOMMENDED ACTION: 1. Motion to Adopt a Resolution Approving the Final Plat for Prestwick Place 21st Addition. 2. Motion to approve the Subdivision Development Agreement for Prestwick Place 21st Addition and authorizing the Mayor and City Clerk to enter into this agreement. SUMMARY Applicant: U.S. Home Corporation, dba Lennar Location: Outlot I, Prestwick Place 17th Addition; Approximately 700 feet east of Akron Avenue and 2,100 feet north of County Road 42 Gross Acres: 2.77 Acres Net Acres: 2.77 Acres Proposed Units: 24 Units Gross Density: 8.66 Units/Acre Net Density: 8.66 Units/Acre Comp Plan Des.: MDR-Medium Density Residential Zoning: R3 PUD-Medium Density Residential Planned Unit Development The City Council is being asked to consider a request from U.S. Home Corporation for Final Plat approval to construct the second and final phase of the townhome development located east of the Dakota County CDA’s Prestwick Place townhomes. A total of 50 lots were approved with the preliminary plat, and the final plat for the first phase of development contained 26 lots. This phase of development will contain the remaining 24 units. The preliminary plat and the final plat for the first phase were approved by the City Council at its meeting on March 19, 2019. Staff finds the current application consistent with the Prestwick Place 17th Addition Preliminary Plat and recommends approval of the request subject to the conditions detailed in the attachments and the motion above. PLANNING COMMISSION ACTION The Planning Commission reviewed this request at its meeting on October 22nd. The Commission voted unanimously to recommend approval as part of the consent agenda. 2 ISSUE ANALYSIS Legal Authority. This application is a Quasi-Judicial action. The final plat application is Quasi-Judicial because the City has a set of standards and requirements for reviewing this type of application that is described in detail below. Generally, if the final plat meets the ordinance requirements it must be approved. Land Use and Zoning The 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 phase has a density of 8.66 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. Although the details of the project were not originally included in the overall Prestwick Place Planned Unit Development area, the applicant received approval for a planned unit development master development plan for this site that is consistent with the Prestwick Place PUD. The following deviations from the zoning ordinance that were approved with the Prestwick Place 17th Addition PUD: • The townhouse buildings within this development area, are permitted to have a maximum of 12 units per building. • The townhouse buildings within this development area 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. 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. Street and Sidewalk System The site will be accessed via a private drive that allows a circular traffic movement through this phase of the development. A sidewalk along the north and east side of Addison Avenue to connect with the sidewalk stub located at the northern property boundary is being constructed. No sidewalks are proposed along the private streets within the site. The intersections of the private street and Addison Avenue align with those to the development south of the site. PUD Requirement Proposed Max Units Per Building 12 8 Total Parking 2 driveway stalls per unit 2 garage stalls per unit .5 guest parking stalls per unit 48 driveway stalls 48 garage stalls 12 guest stalls Street Setback 25 ft. 25 ft. (Addison Avenue) Property Line Setback 30 ft. 30 ft. Building Separation 20 ft. 30 ft. Setback to Private Dr. 20 ft. 20 ft. 3 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 24 units in the final plat for Prestwick Place 21st Addition. The cash in lieu of land dedication for 24 units is $68,400 (24 units x $2,850 per unit). Landscaping The applicant has prepared a landscape plan for the development that includes the installation of 45 trees and foundation plantings near the entrances and rear patios of each unit. 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. 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 as shown on the planting detail of the landscape plan. Landscaping Required Provided Trees 24 (1 tree per dwelling unit) 21 Deciduous 20 Evergreen 4 Ornamental CONCLUSION & RECOMMENDATION Staff finds this request consistent with the Prestwick Place 17th Addition preliminary plat. The Planning Commission and staff recommend approval of the final plat, subject to conditions included in the attached resolution. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-XX A RESOLUTION APPROVING THE FINAL PLAT FOR PRESTWICK PLACE 21st 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 I, PRESTWICK PLACE 17th, Dakota County, Minnesota. WHEREAS, on October 21st, 2019, the Planning Commission of the City of Rosemount reviewed the Final Plat for Prestwick Place 21st Addition; and WHEREAS, on October 21st, 2019, the Planning Commission recommended approval of the Final Plat for Prestwick Place 21st Addition, subject to conditions; and WHEREAS, on December 3rd, 2019, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendations and the Final Plat for Prestwick Place 21st Addition. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Final Plat for Prestwick Place 21st Addition, subject to the following conditions: 1. Execution of a subdivision agreement. 2. Drainage and utility easement shall be dedicated over all stormwater infrastructure. 3. A street lighting plan shall be submitted for review. 4. Provision of $14,850 for Landscaping Surety 5. Provision of $68,400 for Fee-In-Lieu of Park Dedication 6. Compliance with the conditions and standards within the City Engineer’s Memorandum dated October 22, 2019 ADOPTED this 3rd day of December 2019, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk Prestwick Place 21st Addition November 2019 G:\ENGPROJ\2020-08 Prestwick Place 21st\Subdivisionagreement 2020-08.docx SUBDIVISION AGREEMENT Prestwick Place 21st 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 21st 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 for the Developer’s share of Akron Avenue, Connemara Trail and Addison Avenue improvements in the amount of $89,165, as indicated on ATTACHMENT TWO. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Subdivision Agreements for such phases are approved by the City. 4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, 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 21st Addition November 2019 G:\ENGPROJ\2020-08 Prestwick Place 21st\Subdivisionagreement 2020-08.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 and Private 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 21st Addition November 2019 G:\ENGPROJ\2020-08 Prestwick Place 21st\Subdivisionagreement 2020-08.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, 2020, 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, 2021. 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 2020-08), 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 Two Hundred Eighty Thousand, Seven Hundred Eighty-Nine Dollars ($280,789). The amount of the security was calculated as follows: Cost 110% Grading & Erosion Control $25,000 $27,500 Survey Monumentation $12,000 $13,200 Landscaping (45 trees) $13,500 $14,850 Street Lighting (1 light) $4,000 $4,400 Cost 125% Surface Improvements $68,228 $85,284 Water Main Improvements $55,784 $69,730 Sanitary Sewer Improvements $39,397 $49,246 Storm Sewer Improvements $13,263 $16,579 Total $231,171 $280,789 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 21st Addition November 2019 G:\ENGPROJ\2020-08 Prestwick Place 21st\Subdivisionagreement 2020-08.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 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 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. Prestwick Place 21st Addition November 2019 G:\ENGPROJ\2020-08 Prestwick Place 21st\Subdivisionagreement 2020-08.docx 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. Sanitary sewer, storm sewer from 141st Court, water main, and the 141st Court roadway are Public Improvements. All other improvements are Private Improvements. 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 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 estimated City fees of $30,229 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: $17,667 Engineering Fees (10% of construction estimate) $2,000 Attorney Fees $8,834 5% City Fees (based on construction estimate of $176,671) $288 Street Light Energy Cost $1,440 GIS Fees $30,229 Total Amount Due If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City within thirty (30) 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 21st Addition November 2019 G:\ENGPROJ\2020-08 Prestwick Place 21st\Subdivisionagreement 2020-08.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) 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 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 the 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 any plat by the City: A. Park dedication fees in the amount of $68,400 B. Storm Sewer Trunk Area Charges in the amount of $19,016 C. Sanitary Sewer Trunk Area Charges in the amount of $2,978 D. Watermain Trunk Area Charges in the amount of $18,005 E. Developer share of Akron Avenue, Connemara Trail and Addison Avenue improvements in the amount of $89,165 Or other amounts for such fees as in effect at the time of plat approval. Prestwick Place 21st Addition November 2019 G:\ENGPROJ\2020-08 Prestwick Place 21st\Subdivisionagreement 2020-08.docx 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 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 the Improvements caused by the Developer, its employees, contractors, subcontractors, material men or agents. No occupancy permits shall be issued until the streets and utilities referred to in paragraph 6 are installed 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 21st Addition November 2019 G:\ENGPROJ\2020-08 Prestwick Place 21st\Subdivisionagreement 2020-08.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 the Public Improvements, the Developer assumes all liability and costs resulting from delays in completion of the Public Improvements and damage to the 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. F. 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 21st Addition November 2019 G:\ENGPROJ\2020-08 Prestwick Place 21st\Subdivisionagreement 2020-08.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 Prestwick Place 21st Addition November 2019 G:\ENGPROJ\2020-08 Prestwick Place 21st\Subdivisionagreement 2020-08.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 , the _______________________________ of US Home Corporation, a Delaware corporation, on behalf of said corporation. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Prestwick Place 21st Addition November 2019 G:\ENGPROJ\2020-08 Prestwick Place 21st\Subdivisionagreement 2020-08.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. Survey Monumentation – An amount equal to 110% of the cost to monument all lots within the development. Landscaping – An amount equal to 110% of the cost to complete the minimum required landscaping. If additional landscaping is planned, a surety for that cost is not required. Retaining Walls – An amount equal to 110% of the cost to complete the retaining wall construction. Street Lighting – An amount equal to 110% of the cost to complete the minimum required lighting. If additional lighting is planned, a surety for that cost is not required ($4,000 per light has been used to calculate this cost). Prestwick Place 21 EXHIBIT B (Page 1 of 2) No.Item Cost 110%Calculation 1 Grading and Erosion Control 25,000$ 27,500$ $3500/ac x 2.77 acres, Minimum $25,000 2 Survey Monumentation 12,000$ 13,200$ $500/lot x 24 lots 3 Retaining Wall -$ N/A 4 Landscaping 13,500$ 14,850$ Per City Planner (45 trees x $300) 5 Street Lights 4,000$ 4,400$ 1 light x $4000/light 6 Surface Improvements 68,228$ 85,284$ 125% 7 Water Main Improvements 55,784$ 69,730$ 125% 8 Sanitary Sewer Improvements 39,397$ 49,246$ 125% 9 Storm Sewer Improvements 13,263$ 16,579$ 125% Total 231,171$ 280,789$ No.Item Cost Estimated Construction Cost 176,671$ 1 Engineering Fees 17,667$ 2 Attorney Fees 2,000$ 3 5% City Administrative Fees 8,834$ 4 Street Light Energy Cost 288$ 5 GIS Fees 1,440$ 6 Buffer Monumentation -$ 7 Trail Fog Seal -$ 8 Seal Coating -$ Total 30,229$ No.Item Cost 1 Storm Sewer Trunk Charge 19,016$ 2 Sanitary Sewer Trunk Charge 2,978$ 3 Water Trunk Charge 18,005$ 4 Stormwater Ponding Fee 5 Park Dedication 68,400$ 6 Akron Avenue Assessment 689$ 7 Connemara Trail West 6,286$ 8 Connemara Trail East 19,185$ 9 Addison Avenue 63,005$ Total 197,564$ $6500/acre x 2.77 acres Developer responsible for sealcoating private streets Development Fees (due before signed plat is released) 24 units x $2,850/unit Calculation $6865/net developable acre x 2.77 acres $1075/acre x 2.77 acres N/A See Attachment Two 10% of Estimated Construction Cost Letter of Credit for Developer Improvements (due with signed agreement) City Fees (due with signed agreement) Calculation Developer's Estimate Estimate 5% of Estimated Construction Cost 1 light x 24 months x $12/month $60/unit x 24 units, or $120/acre N/A N/A Block Lots Units Block Lot Units SQ FT Acres 1 6 6 1 1 1 2160 0.050 2 8 8 1 2 1 1800 0.041 3 6 6 1 3 1 1800 0.041 4 4 4 1 4 1 1800 0.041 1 5 1 1800 0.041 1 6 1 2160 0.050 Total 24 24 2 1 1 2160 0.050 2 2 1 1800 0.041 Total Plat Area =2.77 acres 2 3 1 1800 0.041 Total Park Area 0.00 acres 2 4 1 1800 0.041 Future Plat Area =0.00 acres 2 5 1 1800 0.041 Developable Area =2.77 acres *2 6 1 1800 0.041 Ponding to HWL = 0.00 acres 2 7 1 1800 0.041 Net Developable Area =2.77 acres 2 8 1 2160 0.050 3 1 1 2100 0.048 * Excludes future plat and park areas 3 2 1 1750 0.040 3 3 1 1750 0.040 3 4 1 1750 0.040 3 5 1 1750 0.040 3 6 1 2100 0.048 4 1 1 2100 0.048 4 2 1 1750 0.040 4 3 1 1750 0.040 4 4 1 2100 0.048 Outlot A 16984.897 0.390 Outlot B 15786.808 0.362 Outlot C 12115.548 0.278 Outlot D 14716.691 0.338 Outlot E 15465.360 0.355 Total Boundary 120609.305 2.769 Prestwick Place 21 EXHIBIT B (Page 2 of 2) Totals Prestwick Place 21st Addition November 2019 G:\ENGPROJ\2020-08 Prestwick Place 21st\Subdivisionagreement 2020-08.docx ATTACHMENT ONE Prestwick Place 21st Addition Final Plat 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 $690,334 $6,580,099 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 7.91 $1,967 $0 $17,951 $54,785 $0 $0 $0 $0 $0 $179,916 $0 $254,618 $6,926$2,269$0$249------COST PER ACRE $0 $0 $0 $0 $0 $63,005 $0 $89,165 TOTAL 4B PRESTWICK PLACE 21ST ADDITION ------2.77 $689 $0 $6,286 $19,185 $0 $22,745 $0 $32,189 4B PRESTWICK PLACE 17TH ADDITION ------5.14 $1,278 $0 $11,665 $35,600 $0 $0 $0 $0 $0 $116,911 $0 $165,454 $0$0$0 Tract 4B: US HOME CORPORATION $0 $13,409 $32,181 $0 $0 $0 $0 $0 $0 $0 19.18 --- --- --- $0 $0 $0 $0 $0 $398,195 $0 $0 $0 $344,988 $0 $0 $0 $345,346 $0 $0 $179,916 $0 $332,977 $0$0 $0 $0 $0 $0 $37,984 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL $371,470 $0 $0 $0 $210,056 7B ARCON DEVELOPMENT INC.117.096 $32,678 $1,484,049 $0 16.22 117.13 7A ARCON DEVELOPMENT INC.16.217 $4,526 $205,531 $0 $0 $0 $598,187 $0 6 AKRON 42 LLC 29.513 $19,017 $988,674 5 US HOME CORPORATION 15.072 $3,746 $34,196 $104,362 $0 $1,516,728 $733,561 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 $487,651 $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 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 14.74 28.29 19.18 19.75 7.91 15.07 29.52 16.22 117.38 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 MEMORANDUM To: Anthony Nemcek, Planner CC: Kim Lindquist, Community Development Director Stacy Bodsberg, Planning & Personnel Secretary Brian Erickson, Director of Public Works/City Engineer From: Stephanie Smith, Assistant City Engineer Date: October 22, 2019 Subject: Prestwick Place 21st Addition Final Plat - Engineering Review SUBMITTAL: The following review comments were generated from the following Prestwick Place 21st Addition documents prepared by Westwood Engineering:  Final Plat (dated 9/10/2019)  Plans and Design materials (dated 9/24/2019) comprised of the following: ▫ Utility Plan and Profiles ▫ Street Plan and Profiles ▫ Drainage Map ▫ Rational Calculations 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 construction of the western portion of Addison Avenue. This cost is estimated at $63,005. 3. Plans must be signed by an engineer registered in the state of Minnesota. ROADWAYS: The applicant proposes a privately owned and maintained loop street with two accesses off Addison Avenue. 4. Revise intersection details to include the sidewalk. 5. 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 6. Staff recommends high-back curb for the parking areas. 7. Street names must be labeled. RIGHT-OF WAY & EASEMENTS: The plat includes right-of-way drainage and utility easements over all outlots. 8. 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. 9. 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. 10. 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. 11. Trees are not allowed to be planted over the proposed storm sewer, or within a pond access route. WATER & SANITARY UTILITIES: The applicant proposes to connect to City water and sanitary sewer within Addison Avenue. Water and sanitary mainlines constructed in this project will be City-owned and maintained. 12. The watermain shall be located within the roadway to minimize future impacts to boulevard trees in the proposed landscaping plan. 13. Watermain and Sanitary Sewer will be revised during final design. Typical revisions will include number and placement of hydrants, gate valves and manholes. RETAINING WALLS: An approximately 200-foot long retaining wall is proposed between Block 2 and the pond. At its highest point, the wall will be six feet tall. 14. Staff recommends a safety fence at the top of the wall. 15. A separate retaining wall permit is required and the wall must be designed by a professional structural engineer licensed in the state of Minnesota. 16. An encroachment easement is required for the wall within the drainage and utility easement. STORMWATER MANAGEMENT: The City’s stormwater consultant reviewed the submit and their comments are listed below. The full memorandum is attached. Stormwater runoff will be collected at catchbasins and routed to the pond and infiltration basin on City-owned Outlot H. Updated modeling was not submitted with this application, so it is assumed that the modeling approved with Prestwick Place 17th Addition will be followed for this addition. No erosion control plan or NPDES permit was submitted with this addition, but Prestwick 17th Addition submittals will cover the work in this addition. 17. CB114 to STMH113 is 145’ on design tabulation but is 137’ on plan sheet. The developer’s engineer shall update this in the design tab for consistency. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015. Attached: Memorandum RE: Prestwick 21st Addition Plan Review by WSB dated 10/10/2019 MEMORANDUM To: Kim Lindquist, Community Development Director Kyle Klatt, Senior Planner Anthony Nemcek, Planner From: Dan Schultz, Parks and Recreation Director Date: October 17, 2019 Subject: Prestwick Place – 21st and 22nd Final Plats The Parks and Recreation Department recently reviewed the final plats for the Prestwick Place 21st and 22nd additions. After reviewing the plans, the Parks and Recreation Department staff has the following comments: PARKS DEDICATION The parks dedication requirement for the 64 units in the 21st addition is to be cash in lieu of land. The cash in lieu of land dedication for 64 units is $182,400 (64 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. The parks dedication requirement for the 24 units in the 22nd addition is to be cash in lieu of land. The cash in lieu of land dedication for 24 units is $68,400 (24 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.