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
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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
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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
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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.
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11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be coordinated by
the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
development to the City as the site grading is completed by phase, with street and lot grades. If the
installation of utilities by the City is occurring simultaneously with the grading, the utility contractor
shall have preference over the grading activities. No substantial grading activities can be completed
over installed utilities unless otherwise protected. All improvements to the lots and the final grading
shall comply with the grading plan as submitted and shall be the responsibility of the Developer.
12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Subject Property to perform all work and inspections deemed appropriate by the
City. Such license shall terminate as to all 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.
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16. Ownership of Improvements. Upon completion and City acceptance of the work and construction
required by this Agreement, the Public Improvements lying within public rights-of-way and easements
shall become City property without further notice or action unless the improvements are specifically
identified herein as private infrastructure. 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.
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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.
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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.
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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.