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Home My WebLink About2013-04-03 PACKET 08.B.REQUEST OF CITY COUNCIL ACTION COUNCIL MEETING DATE 4/3/13 PREPARED BY: Community Development ORIGINATING DEPARTMENT AGENDA ITEM # • Jennifer Levitt STAFF AUTHOR ************************************************ COUNCIL ACTION REQUEST: Consider adopting: 1. An ordinance amending the City's Zoning Map to rezone approximately 61.8 acres of land from AG-1, Agricultural Preservation, to R-3, Single Family Residential District. 2. A resolution authorizing the publication by title and summary of the ordinance amending Title 11-1-6, Zoning Map of the City Code. 3. A resolution approving DR Horton's Planned Development Overlay Plan and preliminary plat application for Eastridge Woods to develop 134 lots for detached single-family houses. STAFF RECOMMENDATION: 1. Adopt the ordinance amending the City's Zoning Map to rezone approximately 61.8 acres of land from AG-1, Agricultural Preservation, to R-3, Single Family Residential District. 2. Adopt the resolution authorizing the publication by title and summary of the ordinance amending Title 11-1-6, Zoning Map of the City Code. 3. Adopt the resolution approving DR Horton's Planned Development Overlay Plan and preliminary plat application for Eastridge Woods to develop 134 lots for detached single-family houses. ADVISORY COMMISSION ACTION � PLANNING SUPPORTING DOCUMENTS DATE REVIEWED APPROVED DENIED 3/25/13 ❑ � ❑ � MEMO/LETTER: Memo from John McCool dated 3/28/13 � RESOLUTION: Draft - Preliminary Plat Draft - Ordinance Summary � ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from unapproved Planning Commission minutes from 3/25/13 House elevations ADMINISTRATOR'S COMMENTS .� �' . 1 � t' � � i y Administrator ate ************************************************ COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage � Grove � Pride anaPrOSPerity Meet TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: March 28, 2013 RE: DR Horton — Rezoning, Planned Development Overlay, and Preliminary Plat Applications for Eastridge Woods Proposal DR Horton has filed the following applications for a proposed residential subdivision named Eastridge Woods on property referred to as the Wozniak Property: A. A zoning amendment to change the property's zoning classification from AG-1, Agricultural Preservation, to R-3, Single-Family Residential with a Planned Development Overlay (PDO). B. A Planned Development Overlay final plan. C. A preliminary plat consisting of 134 lots for detached single-family residential homes. There are 13 outlots in the plat to provide for stormwater detention, a public park, open space, and landscaped islands. The property is located north of 70th Street (CSAH 22) and approximately one-quarter of a mile west of Keats Avenue. Location Map Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 2 of 20 Planning Commission Recommendation The Planning Commission reviewed DR Horton's rezoning, final Planned Development Overlay Plan, and preliminary plat applications at their meeting on March 25, 2013. The applicant was present. No other public testimony or written comments were received at that meeting. The Planning Commission commented on the proposed street names and supported the devel- oper's desire to develop a declaration of protective covenants that will be complementary with the adjoining Ravine Meadow subdivision by Newland Real Estate Group, LLC. Details of the Ravine Meadow homeowners association covenants will be finalized once the builders within the Ravine Meadow subdivision have been determined. The Planning Commission's interest in the home- owners association for both projects was merely to insure that the adjoining residential neighbor- hoods have similar development criteria. The developer did explain to the Planning Commission that they might consider platting an outlot for the buffer easement along 70th Street. The developer stated that all their residential houses are two-story structures. A copy of their building elevations is attached. The Commission unanimously (8-to-0 vote) supported the applicanYs planning applications and recommended to the City Council the following actions: 1. Adopt an ordinance amending the City's Official Zoning Map to rezone approximately 61.5 acres of land legally described in the draft ordinance from AG-1, Agricultural Preservation, to R-3, Single Family Residential District; and 2. Adopt a resolution approving DR Horton's Planned Development Overlay Plan and prelimi- nary plat application to develop 134 lots for detached single-family houses, subject to the conditions listed in the attached draft resolution. An excerpt from the Planning Commission's unapproved minutes is attached. Background On November 26, 2012, the Planning Commission and City Council held a joint workshop to dis- cuss the concept development plans proposed by Newland Real Estate Group LLC and DR Horton. The purpose of that joint meeting was to provide a cursory review of two residential de- velopment concept plans and provide general feedback to each developer. Background informa- tion concerning the proposed development standards and the residential zoning classifications that were created in 2006 to implement the East Ravine Master Plan and how the two concept plans differ from those intended standards was presented at the workshop. At the Planning Commission's regular meeting on November 26, 2012, DR Horton presented to the Planning Commission their development Concept Sketch "A." At that time, the proposed project consisted of 133 lots for detached single-family homes on lots of varying sizes. The origi- nal concept plan provided a stormwater basins, trails, and open space to facilitate play structures, a shelter, outdoor recreation, and a buffer area to preserve the wooded area located along the east boundary line of the property. Concept Plan "A" is shown below. Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 3 of 20 , �_ _ _ — .._. ._ ��, CONCEPT SKETCH "A" , . � q � ��,�o�T� _ � = i � 1 �.-� , �� ?,, , ;e � �.ri in ' 1 • - __�'�� / / ' F �q�� j�� ' I - -eu r L ;-" `�� .�'- � . y . � u �, � a: _ � r-�—�� ,�r--.�::1=��..'� j ` � ,. '�� 1�� h+ �' � 1�� 1 \^ � •T`, � I ��j I ' \ / ) ` C � ' t- M ��.. �_�� t �� /�/ I v /� q �O R � g� f� �� `� B lVt`� � � g� _ � � � `f's',� � �..,� �� , , � �'T � �� ,/ � "' Y � � «n:�, ..�. y • �� '' ��- ��- �! a.' `•,�� . wa_ � � y � - ,,.,. � � , �j��, � M -�_..-��: �"--�� v �._.� ` � 4r,f �C /„ ,�•/' l �,� �� r �/ >' C > `� �_ ��'� ..�,.o.e,�.�.. �_ � � � ,( - �,� � 'J � � �'•\'� �}`/ � __ '_ f � .� �� \\ ' . _ 1.� i �;i�•� � `,`` � f ! . . . �. i � / � . . Palc I ��_ !�� ) 1 �� i I � ,. . - - _.. � � •�� '\.��. . : � ��1� ��]� "�� .7 �!' . . __ _ " _ � � ' � �.;` . �5,1�� , t'� � ��_\\� l " , / ,� ''` � ��,'� ��I -�';.�� .. , - — — - �� _ , � -�� , � _ ��; t ' � Fy7�;� °' =�� _' �.� (. -- � ,� ; , '1 � � . �I `' L � " �i ` � l � � , I � � � � r' � �_ f - --- -- - .��: -� �: - � � - �--- — _•��1 � � I I __ �-- �`�� - -� � --� i 1 .— — _. ' .� � . __. -`-�.Gs",t — — � ,x �� , - ... - -- — - - — I .�, _ �,.. «....,.. ..... - — --- ° - -- — — - - . _ . . � -- _ _ " ___ " _ - CO_HNYi2liqh5TP.ffT- ri'; � liwinmu� -�' i'_ r;�"� WOZNIAK RR�PERTY . _ , „ , , _ _ _ , „_ , � _ . � COTTAC_E GROYE. MN _ _ , Concept Sketch "A" = r ; _� , r-F�� ', w�:�.1Y�_'w1°"VtSla�� °-'�d .. � �S r — ,�^�— � TT �� ..- � i � . .��.�l� �I � l. j �. � I ✓ e . � �� . ' . : � . ¢ � 1 J d ' i i �•� , �� ! f T.... � � . _ ;; . �� o .�� ?�� `� � � � � � �� ' �C�1,� ir:� i�- � . r 1� : � � a *L �`� �.� � .. . _�i � �� 1 Y',f _� e, �+,'. `�,� ��,''�`�.i'�': ��' . r � ��.�. �>- i i ; �� 1 �'��„�-'�� "I# T r �>� t� f, �. �-- �_ ? t ��.;�``4.�f .• �`� �' � ,� - t � � Mf� �! �� ' -�� 's � "' �� ;s�� "r�� r ;., , . , }'�s �' . " ; j ,��. ��;.�* �, y � � ;:F � ,�� >�, 5 N u �� ` � i �� +:. , �1,,: �; � � e s •� ,��.. i�' � M �� ' V'�:� :if ,, � � .�; { � �,' � t� �� a til� : �' �`,'$,s'r` :_;� � � L -_—�A .�� .�Jr _ -- • ` �~� ` The Planning Commission generally supported the idea of allowing the minimum front yard set- back to be reduced from 30 feet to 25 feet for the living area of the house and requiring 30 feet for the attached garage. Reducing the 10-foot minimum side yard setback to 7.5 feet for both sides of the dwelling and requiring a 440 square foot minimum attached garage area were also sup- ported. The Planning Commission also favored the idea of having two street connections along the west side of the westerly ten-acre parcel and connecting to the future street connections within Newland Real Estate Group, LLC's site. The proposed trail connections to the S1NWD's property were agreeably practical locations and provided public trail connections that benefit the community. The Planning Commission discussed the proposed public park location and the op- portunities to increase the park area. The Commission recommended that the average lot width be 75 feet measured at the recommended 25-foot minimum front yard setback line, and the minimum finished floor area for a single-family rambler is 1,500 square feet and 2,000 square feet for all other single-family designs. The Planning Commission understood the developer's desire to plat an easement along the rear lots of the parcels abutting 70th Street, but also believed there were benefits in having the buffer strip platted as an outlot that would be owned and maintained by the homeowners association. The Commission was interested in the future design of 70th Street to better understand the streetscape appearance. It was the consensus of the Commission that a buffer strip of adequate width be uniformly landscaped and graded with earth berms along 70th Street. The Commission supported the developer's idea that any fencing, accessory structures, play structures, etc. in the rear yard of the lots abutting 70th Street must not encroach into the specified buffer strip. Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 4 of 20 The Planning Commission recommended to the City Council the approval of Concept Plan "A" with certain revisions. The developer modified Concept "A" as suggested by the Planning Com- mission and labeled it as Concept "C" (dated December 12, 2012). Both concept plans were presented to the City Council on December 18, 2012. A copy of Concept "C" is shown below. fQHQP7DATA � 't + ' e.-a� �i�e � '- e � :. L f ' � � � Lf2 � �u�r�+r.:. oi �. 1,�. hiw+� _ �e � t'• r a � r i y c 1 ; em�u�_��a �� ; , �� - ; ,L,� i. L imx � �. , .'}�.. bxfr�]' �] � F � '. - � .:. ; . I�r'I uiuimunv � r� ' F. WOZNIAK PROPERTY tto � :tau �ti � .. ��. .� . � . , � . . . .— � . _ . ... . _ _.COTT4GE GROYE. MN � Concept Site Plan December 12, 2012 �.� , �: E : _ - � .;� l � t : �.:; ,.wLa� �a-�c.�.. Y�t��. r h� A+� � i .. � �. � i t , . '� �}� � j � t �,L I � � i t ��. , i�, � ��.. ��'�4 i � �'. �: . � � �'.- - j I - �;:, i �,�; ��-�.'°�� .�#r ; '� "��.��,�� ` ��$ �� y z � , ,. + �t� t : �� ; � � �' � �,. .� fi. , Y dq, � • .,+�, �, �R � �"�'� �� . , �► , t � �� I ��r��' .��j ;�:.�r , ,, � .�� : .� i ' -, ` i�. '� �+�'� �" - �� ,� ; ��, r �r��'�'' ;,� �, � Px f 1 4: j �.y ��.;;� �'��;� � ��" �I �� ' �,�, ! „- . i t= � A' p � t l f . �,. � � � 4. � �_ ' ._�Ek � �; �i. •'_��:'. _ ��{ .:_ , .:.-_: � ; a� �? I � �„ -- �-� -,.. — '1'� ;-F � -. , i 1 � -.�-. ;zr- � . �r _�. . � . . . . .. . On December 19, 2012, the City Council adopted Resolution No. 2012-144, which approved DR Horton's Concept "C" Plan dated December 12, 2012. This resolution included the following conditions: 1. Temporary turn-around is constructed at the dead-ended street located at the south- east corner of the site. 2. The buffer strip or outlot along and parallel to 70th Street shall be an average of 75 feet in width and graded with undulating earth-berms and densely landscaped. An under- ground irrigation system shall be provided for all turF areas. The developer provides options for how maintenance will be managed and delineated. 3. The proposed future street connections crossing Military Road and easterly to the Cedarhurst Mansion property are acceptable. 4. Landscaped islands shall be provided in the center of cul-de-sacs. The islands will be platted as outlots. The homeowners association must own and maintain these outlots. Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 5 of 20 5. A homeowners association must be created for this development. 6. A sidewalk is constructed on the east and west sides of Joliet Avenue located between 70th Street and Street A. 7. The minimum front yard setback for the living area of a dwelling must not be less than 25 feet and the minimum front yard setback of the attached garage must not be less than 30 feet. A minimum 7.5-foot side yard setback is acceptable. 8. The minimum finished floor area for a single-family rambler is 1,500 square feet and 2,000 square feet for all other single-family designs. 9. The average lot width shall be a minimum of 75 feet measured at the 25-foot minimum front yard setback line. 10. The minimum attached garage area shall be 440 square feet. 11. Architectural design is encouraged on all four sides of the principal structure. 12. A minimum of 20 percent of the front fa�ade is covered by brick, stone, stucco, or ce- mentious board. The front farade area does not include windows, door areas, or garage doors. 13. The minimum roof pitch for the main roof slope is an 8/12 pitch. 14. Brick or stone front farade is encouraged to wrap around the front corners and extend a minimum of 24 inches along each side wall. 15. The buffer strip or outlot paralleling 70th Street must average 75 feet with a 40-foot minimum width. The City will consider reducing this 75-foot average width if additional public open space is provided elsewhere within the subdivision. 16. Windows, doors, and garage doors are encouraged to have low or no maintenance trim on all four sides of the dwelling. 17. A center landscaped median shall be constructed on Joliet Avenue, between 70th Street and Street A. This median shall be platted as an outlot and owned and main- tained by the homeowners association for this subdivision. Planned Development Overlay (PDO) Plan Procedure The Planning Commission must make a recommendation on the proposed Planned Development Overlay plan to the City Council. The findings required to approve this PDO must include, but not be limited to, the following: A. The PDO plan is consistent with the intent of the PDO requirements specified in the City Codes. Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 6 of 20 B. The PDO plan meets the standards required for a conditional use. C. Each stage of the PDO plan can exist as an independent unit. D. The area surrounding the PDO plan can be planned and developed in coordination and sub- stantial compatibility with the proposed PDO plan. E. Any proposed density transfer is consistent with the preservation and enhancement of impor- tant natural features of the site. F. Any density bonus is consistent with the density bonus criteria of the PDO ordinance. G. Any variation of flexibility from zoning standards most similar in function to the proposed PDO plan must produce results equal to or better than those achieved by the applicable zoning standard. H. Other factors related to the project as the Planning Commission and City Council deem rele- vant. The Planning Commission and City Council may attach such conditions to their actions as they determine necessary to accomplish the purposes of this section. Conformance to the East Ravine Master Plan The proposed preliminary plat and PDO plan are generally consistent with the East Ravine Master Plan, which was adopted in June 2006. A comparison between DR Horton's Concept Plan "C" and the East Ravine Plan is shown below: � �� i � , i ' � ; i � ' � '� � � ?t � '+�� ; � I ,' r _� �� • �;�?;�� .� . ��t-� � j � i , -9� l" f f � .- � _ iF �3��,a* sl y � � � 1 �, :�i'� � c :F ,�� _ i � �� __ . _I . � .. _ _ � — � I ` i d _.� I . . . I _' . . _ . 1 �' { . . . j �� ,{ � I --�- ` � �` ---- -------- ------...__ �. - � Land Use Map from East Ravine Master Plan, 2006 The proposed preliminary plat and the land use map from the East Ravine Master Plan are consis- tent in the following ways: Preliminary Plat Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 7 of 20 • The East Ravine Plan primarily identifies the future development of the applicant's property for detached single-family homes. The developer is proposing detached single-family lots for the property, which is consistent with the East Ravine Master Plan and the City's Future Vision 2030 Comprehensive Plan. The proposed planned development overlay plan proposes a 75-foot averaged buffer strip along the dedicated 70th Street right-of-way line. This buffer area will be part of the rear yard for the 13 residential lots abutting 70th Street. There are a series of undulating earth-berms paralleling 70th Street that will be graded within this buffer area. The berms range between zero to four feet in height. A combination of deciduous and conifer trees will be planted within this buffer strip. The City has required a 75-foot wide averaged buffer strip along these minor arterial roadways for other projects in the East Ravine area. • The proposed open space shown on the preliminary plat is at the end and along public streets that provide public views into the South Washington Watershed (SWWD) property. This pro- posed public park is in the general area where a future neighborhood park was proposed in the Future Vision 2030 Comprehensive Plan and the East Ravine Master Plan (2006). • Trail and sidewalk connections and landscaped islands as proposed are acceptable to the City. Entrance features and landscaping is proposed at the subdivision's main entrance at 70th Street and Joliet Avenue. Washington County has commented that a pedestrian crossing across 70th Street on Joliet Avenue will not be allowed. • Access is consistent with City and County transportation standards. • Public street connectivity to adjacent parcels is provided for improving accessibility. • Management of the site's stormwater for rate and water quality is conceptually correct. • The proposed preliminary plat and grading plan are consistent with the low density residential land use designation for this area. Zoning The applicant's proposed Planned Development Overlay (PDO) application includes a request to rezone the property from the current zoning of AG-1, Agricultural Preservation, to R-3, Single Family Residential. The R-3 zoning classification requires a 75-foot minimum lot width and a 10,000 square foot minimum lot area, but the requested PDO plan proposes a 12,917 square foot average lot area and a 76.9-foot averaged lot width measured at the proposed 25-foot minimum front yard setback line. The average lot area is approximately 2,917 square feet larger than shown in Concept Plan "C." The primary reason the average lot area increased is because the proposed conservation easement within Lots 1 through 11, Block 6 was originally going to be platted as an outlot, but is now incorporated with the eleven lots abutting this wooded area. The average lot width for corner lots is 92.5 feet, which exceeds the minimum width of 85 feet in the R-3 development standards. The developer is proposing the following development standards for their PDO plan: Honorable Mayor, City Council, and Ryan Schroeder DR Horton - Eastridge Woods Development March 28, 2013 Page 8 of 20 Current R-3 Standards Proposed PDO Minimum lot area 10,000 sq. ft. minimum 12,917 sq. ft. average 65 feet minimum with an overall 76.9 foot Minimum lot width 75 feet average at the 25 foot minimum front yard setback line Minimum house(living 10 feet 7.5 feet area) side yard setback Minimum attached garage 5 feet (attached 7.5 feet side yard setback garage side) Minimum front yard 30 feet 25 feet (house) setback 30 feet (garage) Minimum rear yard setback 35 feet 35 feet Corner lot width 85 feet 92.5 feet (average) Minimum side yard 20 feet 20 feet setback on a corner lot Comprehensive Plan The future land use in the City's Future Vision 2030 Comprehensive Plan and East Ravine Mas- ter Plan for this area is low density residential. The applicant's proposal to subdivide this property into 134 detached single-family homes is consistent with these two plans. The property is in the Metropolitan Urban Service Area (MUSA) and the proposed 3.00 units per acre net density is within the one to four units per acre density range for land designated low density residential. Planning Considerations Property Characteristics The 61.8-acre DR Horton property is currently farmland. The three parcels (PIN 03.027.21.43.0003, 03.027.21.42.0003 ar moderately flat with natural drainage generally flowing toward the southwestern ten acres from the rest of the site. Trees and the ten-acre parcel and along the east side of the proposed � property is shown below. e are no buildings on any of the d 03.027.21.44.003). The site is S1NWD's property, which bisects brush exist along the west side of ubdivision. An aerial photo of the Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 9 of 20 Density The developer's development plan proposes 3.0 dwelling units per acre (net density area). The net density area is calculated by subtracting the 19 feet of additional dedicated right-of-way for 70th Street (15.2 acres). The "low density residential" land use designation in the City's Future Vision 2030 Comprehensive Plan and East Ravine Master Plan for this area is low density resi- dential, which equates to one to four units per acre. Based on this analysis, staff finds the pro- posed 3.0 units per net density conforming to the established development policies for this area. Tree Preservation The Tree Preservation Plan inventoried 319 trees in the vicinity of the proposed developing site. Only 32 percent (103 trees) of the inventoried trees are located on the developing site. Of these 103 trees, 44 percent (45 trees) are boxelders that are in marginally good condition and health. About one-third of these trees have a trunk diameter less than 12 inches, which is the minimum trunk diameter for a qualifying tree. Thirty-three percent of all the qualifying trees on the site are proposed to be removed. There are no specimen trees (30-inch or greater trunk diameter) on the property. City ordinance allows up to 40 percent tree removal without tree mitigation. There is approximately 1.9 acres of woodland in the northeast corner of the site. This wooded area was proposed to be platted as an outlot in Concept Plan "C," but now the rear property line of the 10 to 11 lots abutting this area are proposed to be extended to the east boundary line of this property. The nine largest lots that now include a portion of this wooded area have an aver- age lot area of approximately 19,736 square feet. A conservation easement over this wooded 2009 Aerial of Proposed Development Site Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 10 of 20 area is proposed on the plat to protect these trees. The homeowners association declaration of protective covenants should include an explanation about the conservation easement and details of what plant materials can be removed or protected. A copy of the tree inventory is attached. Access/Transportation The DR Horton project proposes one street connection along 70th Street (CSAH 22). This access is across from Joliet Avenue, which is a collector street roadway. The future alignment of Ravine Parkway is approximately one-quarter of a mile north. The northerly extension of Joliet Avenue will also cross Military Road (CSAH 20) sometime in the future when Ravine Parkway is con- structed. A right turn-lane on Military Road might be required to be constructed once the area west of Joliet Avenue and along 66th Street Court develops. Access to all residential lots are on local streets. The local streets are 60-foot wide right-of-ways. The developer is proposing to construct 32-foot wide streets (measured from face-of-curb to face- of-curb). Streets within the East Ravine areas were planned to have street widths that are 28-feet (measured from face-of-curb to face-of-curb). City staff will continue their discussion regarding street widths and a decision will be made at the time the development agreement has been prepared. Joliet Avenue is a 66-foot wide right-of-way and will have a 36-foot roadway width. This additional street width is proposed because approximately 12 parking spaces will be provided on the west side of Joliet Avenue, fronting along the public park area located between Joliet Avenue and the SWWD's property. The street width within the Ravine Meadows subdivision (west of the Wozniak property) is 28 feet from face-of-curb to face-of-curb. The 23 lots by DR Horton in the southwest corner of their de- velopment plan will adjoin two streets that will be constructed by Newland Real Estate Group LLC. The street widths for these 23 lots by DR Horton's subdivision will be the same width as the street widths in the Ravine Meadows by Newland Real Estate Group, LLC. The concrete curbing and gutter for all the streets will be a B618 design. The right-of-way and roadway widths are consistent with the East Ravine Plan and city ordinance requirements. The preliminary plat also proposes dedicating 92 feet north of the center line of 70th Street (south line of Section 3). This roadway dedication will be for the 70th Street right-of-way and is acceptable with Washington County. Two future local street connections are proposed to serve other adjoining parcels. One future roadway extension is in the southeast corner of the site and the other is the future northerly ex- tension of Joliet Avenue. An illustration of the future northerly extension of Joliet Avenue is shown below. Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 11 of 20 � I _ �-- -. � - - � ---� A temporary turn-around will be required at all dead-ended streets that have residential houses along the street. A temporary turn-around is not required for the future northerly extension of Joliet Avenue north of 67th Street because a house will not front on this segment of Joliet Ave- nue, but a barrier and sign must be posted by the developer to inform residents that Joliet Avenue is planned to be extended. The Newland Real Estate Group, LLC's Ravine Meadow project does provide two future roadway connections to the abutting ten-acre parcel proposed to be developed by DR Horton. This is con- sistent with the recommendation made by the Planning Commission and City Council. If temporary turnarounds cannot be located within the existing 60-foot wide right-of-way, the de- veloper will be required to provide a temporary roadway easement on other properties to con- struct these turnarounds. The developer must prepare a legal description, sketch drawing, and temporary easement document for the City's review and approval. The temporary easement agreement will terminate once the local street is extended in the future, as the temporary ease- ment will no longer be needed. Street names were recommended with participation from City staff representing Public Works, Police Division, Fire Division, Building Division, and Administration. The recommended street names are consistent with the Uniform Street Naming System. The "eyebrow" street bump-outs around Outlots G, H, and I are not recommended to have a different street name since there are so few lots on the street eyebrow and they are very short length. The recommended street names are shown on the illustration below. The Planning Commission recommended that the street Future Roadway Connections Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 12 of 20 names be changed to be consistent with the street names in the Ravine Meadows subdivision by Newland Real Estate Group, LLC. } , , . � ., .-. � ' i, , r� � � ' � � , � �� I ' �� , I i l �Y ' I '' 4 � i � 'f �� } �Y '�I i �._�.' � , � .. � 1 � ) � � � � � 1 �k Y,� �; �i', i �� i _ +�. I (:. ��` � a i i�; �` r �� ff: I �' � 1 � ! �i}�a�. �li, � • : i'" - �� .. � ' �� 5 ' "� . �� '' • � � •: '�:, ; , . �;�:� �� I �� /� ,�, .. .S.I �1 �' i . . . �:Y '�k�', :�i�� _. i � t.,_ U/ �►{ � i ,! :�e' , I _ t,} '1 � + . '� , "�:1'I�'. ��►'�'-�� i ( t � ! � ! l� 'sl�� °I � � t� . � { � ` ...r"` ; � ..._'� `�� _.� � �� i. � __� � � r� .:'��•��tr �j�r. , . . �, , � . . Y I' '•T i 1j � •;�� 1 �.'�� t'� . �� 44� � �/4 :�� . E; ,�_ -��.'� ", r.•', •' , FrnC� a!►• �3 `i '�� I ; 51�rtir� � ; , Proposed Street Names '•�t•'i'i It ' '� �� , � ; � ( � � � (� �� A right-turn lane onto Joliet Avenue into this subdivision from 70th Street will be constructed by Washington County. The segment of existing asphalt trail paralleling 70th Street will be relocated to one-foot from the plat's south boundary line and across the SW1ND's property. The developer will be required to pay the cost and construct this trail and the right-turn lane. Center Islands and Buffer Strip Landscaped islands in the center of the cul-de-sacs are required to be platted as outlots. The homeowners association (HOA) is required to own and maintain these parcels. The HOA is also responsible for maintaining the 77.6-foot averaged buffer width along the rear lot line for Lots 1 through 8, Block 1 and Lots 1 through 5, Block 9. The developer is responsible for planting the trees, shrubs, and other landscaping materials in the cul-de-sac islands, buffer strip along 70th Street, and Outlots A, B, C, D, F, G, H, and I. An illustration of the plant materials proposed for the center islands and along 70th Street is shown below. A copy of the Preliminary Landscape Plan dated February 12, 2013 is attached. � �, , , � � Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 13 of 20 OUT ;�..� ,,. � \� �:� � w � yg ._ � . —' �� 7�� e Landscape Islands in No Corner of Site ..,. The buffer strip along the rear lot line of the lots in Blocks 1 and 9 will be graded to provide earth- berms ranging between zero to eight feet in height and densely planted with a variety of deci- duous and conifer trees and shrubs. The minimum width of the buffer street is 40 feet and the widest is about 100 feet. The average buffer width is about 77.6 feet. The buffer will exist as an easement that will be platted on each of the 13 lots abutting 70th Street, but the developer has stated that they might plat this area as outlots. The homeowners association will maintain this buffer strip (or outlots if the buffer strip is platted) even though the landscaped buffer is on private properties. Delineator markers along the house side of the buffer strip or (or outlots if the buffer strip is platted) are required for the benefit of the property owners and homeowners association. The 13 lots along 70th Street are platted with extra depth, ranging between 175 to 228 feet. This extra depth will provide adequate space necessary to accommodate the densely planted buffer strip and an abundance of privacy in the rear yard for homeowners. If the buffer strip along the rear lot line of these 13 lots is platted as an outlot, then the lot depths and lot area for these 13 lots will be reduced. Landscaping along 70th Street Landscaping at 70th Street Main Entrance Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 14 of 20 The homeowners association will also be responsible for mowing the turF between the south boundary line of Blocks 1 and 9 and the shoulder along 70th Street and maintaining the landscaped berms, plants, landscaping materials, and turF located within the buffer easement or outlots along the rear yard of the lots in Blocks 1 and 9. It is also recommended that landscaping be installed along 70th Street for that segment of the S1NWD's property located between Lot 5, Block 9 and Outlot A. The developer's landscaping plan should be revised to provide this additional landscaping and S1NWD will need to review and approve this proposed improvement. The cost and planting of this landscaping will be the developer's responsibility. The homeowners association will also be required to maintain the plantings and turF area between the landscaping on the S1NWD's property (area adjacent to 70th Street) and the shoulder along 70th Street. Boulevard and Yard Trees In addition to the one yard tree that is required to be planted along the street frontage (one tree per street frontage for corner lots), a minimum of four trees and ten shrubs are required for each residential lot. One of the four additional trees must be a conifer tree not less than six feet in height (City Code Title 10, Chapter 5, Section I(7)). The builder of any lot within this development will be required to post an escrow with the City to insure these trees and shrubs are installed. The Landscape Plan dated February 12, 2013 shows seven varieties of deciduous trees to be planted along the boulevards. The City Forester is also recommending that Ginkgo/Ginkgo Biloba be included in the species list and the Autumn Blaze Maple be changed to Swamp White Oak. A revised Landscape Plan is required with the submittal of a final plat application. The developer will be required to plant the boulevard trees once the City Forester has staked the location for each tree and approved the tree species. Sidewalk and Trails A sidewalk is proposed on one side of the local streets within the project. The developer has agreed to construct a sidewalk on both sides of Joliet Avenue, between 69th Street and the as- phalt trail paralleling 70th Street. This will provide better pedestrian safety and mobility at the main entrance of this neighborhood. All the concrete sidewalks will be five feet in width. An eight-foot wide asphalt trail is proposed along the west side of Outlot A and Lots 4 through 11, Block 2, west and south of Outlot J, through Outlot E, east of Lot 5, Block 9 and through Outlot M. The illustration below shows the location of the proposed sidewalks and trails. Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 15 of 20 ; � `..� r ;; _ _ .. � ---'- ��, . y�--, �_. _ , �,,-�: �! � -. '-"- '' --=-�-� '�f • � y_ ',� , �. -,, : - f . �'-;, '- ,Fdry-�� , ... �,_. s.�,_;��:_; _ � �, ! / . �`` Z�. . �. � ,� .� � 1 _ � , , �„ � :, , �, , c'� `V �sS� 1- I 7 � S� � c � � �' I . / � � ` ' �' ( 3 � � �,; � � �� _ � ' ��r. _ �. , i — :i _ j j � ;� � .�. .�,�_..--_... ,,..� x . _ , K _ _. 1 7 l - - -`=' i L � - t -t - I I ! ., I \ �.r).� �.. I I ��. I � � � . �. r_M ra U ��I � �,� f,�.,r : �, ` �� J� : � � 4 \ ,�`— �. ti ��l � t — � ��'�� .�. � i .. �J � �\ �\ `` r ' . t , `\/ I ! �,�'I \ � �..^ � \\\.�` i : � � �--� �� ,- : L �;� . i �� : �I � � � ` l\ � -_ L _ ...i ��, I �� ! -' � � . �, w. ,. � � � � �'j' � � I ' -�` i� a '`'L `' � � `'1 ' 1� ' ' f: - d1►A � , � _ -_ ,� �„ ihtMa�e�+s'I" l �� :�� I t � ,' ,�% �, f �,-�-4� �- rrr ' � - „- � �=- �b � i _ �� —1 I I � _ __ -� —'.----- _ � I ! 3y� 1-f � N � � � `__i r i i � 1 �'� i � I i ,..U:• I t I s� 1__ . � ..:; _ � S I i � x � ;�\ .•k,_ i , , � .. ;s:41 � � :�.:; ` � � I Sidewalk and Trails An asphalt trail is recommended along the north and east side of Lots 1 through 12, Block 10. This trail segment would be located on the SW1ND's property and will provide a walking path around the proposed stormwater basin. The length of this recommended trail segment is ap- proximately 1,200 feet and the SWWD will need to review and authorize the location of this trail. The existing asphalt trail on the north side of 70th Street will also be relocated along this segment of 70th Street that abuts this subdivision. Once the developer completes their site grading, con- structing Joliet Avenue, and re-working the grades in the drainage swale within the 70th Street right-of-way, a new eight-foot wide asphalt trail will be will be constructed within one foot of the rear boundary line of Blocks 1 and 9 and across the SW1ND property. The developer will be re- sponsible for the cost and construction of this trail segment abutting their site, all concrete side- walks, and the other asphalt trails shown on the preliminary plat dated February 12, 2013. Park Land and Public Open Space DR Horton is proposing to dedicate Outlots A, E, J, K, and M to the City for public use. Outlots A, E, a portion of J, and K will primarily be used for stormwater storage. Outlots A, B, C, D, E, F, G, H, I, K, and L will not qualify for any credit toward park land dedication. Calculating the minimum land dedication requirement will be based on the buildable land, which excludes the 92 feet of right-of-way for 70th Street (CSAH 22) and the cumulative area below the ordinary high water elevation for the stormwater basins in Outlots A, E, J and K. The total area of these exclusions has not yet been finalized, but it is estimated that the net buildable area for the entire site might be approximately 44.0 acres. City ordinance requires ten percent land dedication of the buildable area, or 4.4 acres for this project. Approximately 2.04 acres is 46 percent of the minimum land dedication required by ordinance. For this reason, the developer is required to pay Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 16 of 20 to the City 54 percent of the $3,200 (2013) park fee in lieu of land dedication for each lot. The es- timated park fee to be paid to the City for the entire 134 lots is approximately $229,992.73. Because DR Horton plans to develop their 134 lot subdivision in phases, the park fee will be re- calculated with each phase base on the park fee in lieu of land dedication that is in effect at the time of the development. The location and acreage proposed for this public park (Outlot J) is consistent with the City's Fu- ture Vision 2030 Comprehensive Plan and the East Ravine Master Plan 2006. The proposed park area is also consistent with the Concept Sketch Plan "C" that was approved by the City Council in December 2012. City staff is recommending the acceptance of Outlot J for public park purposes. The City will continue to work with the SWWD staff and DR Horton to determine the best location for the proposed trailways and park amenities that is proposed to encroach on a portion the SWWD's property. The City's conceptual plan for this park includes a small playground area, shelter, small open grass area, and a hill for climbing/sledding. Staff will continue to work with the developer in fina- lizing the park development plan. Landscaping will be required along the park boundary that abuts residential lots. A public walkway (eight-foot wide asphalt trail) will continue to exist along 70th Street, but will be relocated to within one foot of the south boundary line of Blocks 1 and 9. This trail will be relo- cated as the result of Washington County reconstructing that segment of 70th Street and the in- stallation of a right-turn lane into this residential subdivision. Additional trail connections are proposed within and along the perimeter of the S1NWD's properties to link future neighborhoods and park amenities. Staff is recommending that a trail be extended across the south area of the SWWD's property and along the north and east side of Block 10. The developer is required to pay for and construct the trailways within their subdivision and on the SW1ND's property. The SVWVD will review the location of the trails on their property and an agreement with the City will be pre- pared to address ownership, maintenance and public accessibility. The future public park plan for the Upper Ravine area in the East Ravine is shown below. �._ " ._ -_._ __ i i_ ( i i � ., � � . .. - _ i l�Y� I ( I� , i.sz i � � ' i r � �t .� �. ` � �-'I ' i � : 7�`; , � > �c��co ` � r.a..�nn:z..��xE, ..�, i, _7�� ,�� . -; ,�,b t.,,�.� , ,. � ; � �,' R<:.Pi� !f j' . �ve..�cr�.,��, ��a � � Fa�.r+id � $^ � �yr �;. .... ��' Fa�t�..+YS� �t� �! ,.. �nf.��. �tSi�. {�� pWF..SF10:iST��v - - i�tcyiRl , . .. . . _�irA , .. . R..nF�nFi.rz � ��+�� ,K�� ..____ . �.-1��i" _l �- nv� 1 —_ r — i� ry tigr 5 h' 7 �, . � � , , J ' ��_:.� 1,��{ �;� ��'� I , q' i�." �'� .If i: ia�. � _ . ; � �� ; _ f i` ! a�' 1 ,'i `y j_� � r ��^�' �i � . �� . _ y � � < <, 1 ,�� a 7 �, 7 j 7 ° � v { .:�„' � � �i�. ' I� i � v `r' �{1t� � � - , N , -� ..=,. '� `a �� : . ( � �� ;;—��k.; � I I `l, � ti �. �' � f .�� , .�_..'.. .�, .... '4�. . ti.�l't�l'�"r� � LY�� e . u f ��' � ��`� : '�. "�S.'. �. �. ..<,,.. � Upper East Ravine „, � a ~� � ~� n Parks and Trall Plan Future Public Park Plan for Upper Ravine Area of East Ravine Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 17 of 20 Park/open space boundary markers are required to be placed along residential property corner markers that abut Outlot A, E, J, K, M, and the SVWVD's property. The number and location of boundary markers will be determined with each developing phase. The developer will be required to pick-up these boundary markers from the Cottage Grove Public Works. The cost for each boundary marker is $115.00 and the installation of these posts will be included in the feasibility report for each phase. Utilities An 18-inch diameter sanitary sewer pipe is located within Military Road. Developing the DR Horton site will require the construction of an eight-inch sanitary sewer pipe into the DR Horton site. An eight-inch sanitary sewer pipe must also be constructed within that segment of 67th Street west of Joliet Avenue and extend all the way to the northeast corner of Newland Real Estate Group, LLC ' Ravine Meadows development. Newland Real Estate Group, LLC is respon- sible for the cost of the pipe between their project and Outlot I. An eight-inch sanitary sewer is also proposed from 67th Street to the east property boundary line for a three-acre parcel owned by Mary Marty. This parcel is located north of the Cedarhurst prop- erty and east of Lots 7 through 9, Block 6 of this subdivision. A utility easement of sufficient width will be required over a common boundary line between 67th Street and Mary Marty's property. There is an existing trunk water main at the Joliet Avenue and 70th Street intersection. A new ductile iron water main will be extended throughout the proposed residential subdivision and will eventually connect at the northeast corner of the Ravine Meadows subdivision. The purpose of connecting the water main between the two subdivisions is to provide better water service for both projects. The proposed stormwater system will be comprised of drainage swales to accommodate for sur- face water drainage and a network of stormwater pipes that will direct stormwater flows to the stormwater basins in Outlots A, E, and J. The design of this stormwater system is based upon the City's design standards as outlined in the City's SurFace Water Management Plan. The storm- water calculations and modeling are being modified and will be submitted with the final plat application. All existing public utility services are adequately sized to serve this and other properties within the Upper Ravine area. Grading As with all new development projects, site grading is necessary to provide on-site stormwater detention, street and building pad elevations, and drainage swales for routing surface water runoff to appropriate storm sewer systems. Each building pad will be graded above the street elevation and at least two feet above the ordinary high water elevation for stormwater basins. Storm sewer will be extended from the street to the stormwater basins located in Outlots A, E, and K. Drainage swales will also be necessary between the lots to provide drainage routes for surFace water drainage coming from rooftops, decks, sidewalks, and driveways. As noted on the preliminary grading, drainage, and erosion plan, a silt fence will be installed along the perimeter of the grading limits. This fence will also serve as a barrier for trees that are to be protected. Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 18 of 20 The applicant's engineering consultant will continue to work with the City Engineer and S1NWD to address stormwater storage basins and drainage, including the SW1ND's basin. The grading plan shown below illustrates the grading limits. This plan will be refined as the final utility plan is prepared and engineering details are completed. Development Phases DR Horton is proposing to develop their Eastridge Woods subdivision in four phases, beginning with Phase 1 this year. Phase 1 will be about 33 lots generally located south of 67th Street. Phase 2 might be the area between 67th Street and Military Road, east of Joliet Avenue. Phase 3 might be the area along 66th Street Court, west of Joliet Avenue. Phase 4 is the 24 lots east of Ravine Meadows. An illustration showing the four development phases for the Eastridge Woods project is shown below. Preliminary Grading, Drainage and Erosion Control Plan Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 19 of 20 � � �; � N ��e i� f� t� , `� tfw�AtN NGI Mt[t Mp 1�>aN uvu!%9 Pul M 00£�5 (M.J ._....... � . ��, y l° ?f 15 ?f c; �� F�"'°u�� ' ��\ n \�„�\ � � \\,\ • r-`''' ��\� \ �\ s�'�r� .y �j \�� I L.__� \� � ( ��,�i � � � I i �(I I - r �w..ax v.w. � — — J ' � I �. ' • as� Uw.) I — � � ' I I - �r�i '`. '_ '"t �, Z` .� � " a . ��F - "" a r�s,�'1`�'1 - � — � T �i — j �-"`� — i I'' � E:S R�':F.:�,:h� '..�301�T)N i j� i f'�� f^..�fS� ad'J A J � .V1;..RI `( .iLE+Cc' j ya �" r � �----�_ � � �� I I � ' j I�! — � i Proposed Development Phases Public Hearing Notices Public hearing notices were mailed to 99 property owners who are within 500 feet of the proposed subdivision. These notices were mailed on March 13, 2013. The location map shows the 500-foot buffer around the subject property. Proposed Development Consistencies with City Ordinances The proposed preliminary plat and Planned Development Overlay (PDO) of an R-3, Single Family Residential District, is consistent with the East Ravine Master Plan (June 2006) and the Future Land Use Map of the City's Future Vision 2030 Comprehensive Plan (March 2011). The overall plat layout and PDO Plan complies with City ordinance requirements and is consistent with the concept plan approved by the City Council in December 2012. The request to rezone the property from AG-1, Agricultural Preservation, to R-3, Single Family Residential, is consistent with the development densities identified in the City's Comprehensive Plan and East Ravine Master Plan. Developing this project will be compatible with existing residential neighborhoods south of 70th Street and future neighborhoods in the Upper Ravine area. The proposed PDO will provide a variety of lot sizes, lot widths, minimum front yard, and side yard setbacks that will equal or be better than the conventional R-3 zoning standards. The City's Public Works, Public Safety (Fire and Police Divisions), Parks Department, and City Administration find the proposed rezoning, planned development overlay and preliminary plat ap- Honorable Mayor, City Council, and Ryan Schroeder DR Horton — Eastridge Woods Development March 28, 2013 Page 20 of 20 plications compliant with City development standards. Their comments and recommendations have been incorporated in the conditions considering the approval of this project. Recommendation That the City Council accepts the Planning Commission's recommendations in approving DR Horton's rezoning, planned development overlay, and preliminary plat applications for the develop- ment of a residential subdivision named as Eastridge Woods by adopting the following: An ordinance amending the City's Zoning Map to rezone approximately 61.8 acres of land legally described in the draft ordinance from AG-1, Agricultural Preservation, to R-3, Single Family Residential District; and 2. A resolution authorizing the publication by title and summary of the ordinance amending Title 11-1-6, Zoning Map of the City Code; and 3. A resolution approving DR Horton's Planned Development Overlay Plan and preliminary plat application to develop 134 lots for detached single-family houses, subject to the condi- tions listed in the attached draft resolution. The findings of fact and conditions of approval as recommended by the Planning Commission are included in the attached draft ordinance and resolution for your consideration. . .. .. . �� .'�-�� , f�` •I �� ° � � F�i.f:. , 4't`_,i.: ��h:' : � !..; ; _�. _ .. . ._ . - . L �. _ - -- . _- � -� _� WWW.DRNORTC>N.COM � �WWW.F/�CL=f300K.COM/DRHORTON.MINNESOTA ��._—.—. _-- - t:�:,a;{;;��?'� , t 2q �r,,rf�;�`' sr �� . yyy :.�t.i. `',� � ��'�Y�'��.' �� '5;:.� cl;,� �Y. a r.rJ� . . xf ;'!:f�e. �;, . ..� ..�� -rn - -i,-i a �ht . �� r a � 4 - �<.q pt3 fe d 7 t� �fi , ,� } �" � , �� ,p � y �� !� f �� rr� j 1 ,y � 1 ~,� �� 6 / 4 �� a�'`y. � . . Ir a { '�'F�� r 4 + a{,--i � , '�'; < , � a .' ��. „� Y J" � �fwr� �y� �� t,s� � ��i��, t ,. ;r�,f a� b � �Y� x, .:,, �, r � . -. d , s � . 1 . 1 f 4w`I � �t>��.�:� t z '' t r �, ` ._ �: ,: � b 7KL� �i�, � r' � - . 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(�� ;li� ; � � �� ( �:_ .. ii f �'�. : -�: WWW.pRIiORTON.COM � �WWW,f�ACEf3UOK.COM/DRI-IORTON.MINNCSOTA ---== ;� _ - _ � ■■� � i �� ' � �.:; ;,;; ; ��__ , w � � . , � Cr : �' , � �� : �,�'ll ' '�!(ll(��(�r►�Ill�� f ; �+ � _ ,. � ':��r .. � - _ . _,� �.�: �;y��r; �a�r� �� <<�f �A��<��k� : - -� .�12'�7:'9!'15�L`1�'. °• F"t..r1'.�. ir-v ��ur �. .. f_.. . . � . �- ..�-:�... W W W.DRHORI ON.COM �� W W W J=ACE(300K.COM/DRI-I�RTON.MINNESOIA WWW.DRt-IORIC�N.COM � �WWW.FACFBOOK.COM/URI�OR�ON.MI�JNESOIA �� l � 1 - \ � �-� � AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING CITY CODE SECTION 11-1-6, ZONING MAP, VIA REZONING CERTAIN PROPERTY LOCATED NORTH OF 70TH STREET APPROXIMATELY ONE-THIRD MILE WEST OF KEATS AVENUE FROM AG-1, AGRICULTURAL PRESERVATION, TO R-3, SINGLE FAMILY RESIDENTIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY The City Council of the City of Cottage Grove, Washington County, Minnesota, does ordain as follows: SECTION 1. AMENDMENT. The City of Cottage Grove's Official Zoning Map as refer- enced in Section 11-1-6 of the "Code of the City of Cottage Grove," County of Washington, State of Minnesota, shall be amended by rezoning certain properties with property identifica- tion numbers being 03.027.21.43.0003, 03.027.21.42.0003 and 03.027.21.44.003 from AG-1, Agricultural Preservation to R-3, Single Family Residential District with a Planned Development Overlay. Said property is legally described below: {Legal Description} SECTION 2. REZONING. The Official Zoning Map shall be amended by changing the zoning classification of the property legally described above from AG-1, Agricultural Preservation, to R-3, Single Family Residential District with a Planned Development Overlay, based on the following findings: A. The proposed requested R-3, Single Family Residential District and its development standards with the Planned Development Overlay designation is consistent with the low density residential land use designation in the East Ravine Master Plan (June 2006). B. The proposed R-3, Single Family Residential District, and its development standards with the Planned Development Overlay designation is consistent with the low density residential land use designation in the Future Land Use Map of the City's Future Vision 2030 Comprehensive Plan (March 2011). C. The low-density residential density proposed within the Ravine Meadows subdivision is consistent with the low-density residential density range described in the approved East Ravine Master Plan and the City's Future Vision 2030 Comprehensive Plan. D. The request to rezone the property from AG-1, Agricultural Preservation, to R-3, Single Family Residential, is consistent with the development densities identified in the City's Comprehensive Plan and East Ravine Master Plan. E. The developer proposes to develop the entire 61.8-acre site and 134 lots in three or four phases. Developing this residential project will be compatible with the existing residential neighborhoods south of 70th Street and future neighborhoods in the Upper Ravine area. Ordinance No. XXX Page 2 F. The proposed variation of lot sizes, lot widths, minimum front yard, and side yard setbacks are similar in function to the proposed PDO plan and will equal or be better than those achieved by the applicable zoning standard. SECTION 3. EFFECTIVE DATE. This ordinance amendment shall be in full force and effective from and after adoption and publication according to law. Passed this 3rd day of April 2013. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk RESOLUTION NO. 2013-XXX RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. XXX BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Cottage Grove adopted Ordinance No. XXX, to amend City Code Title 11-1-6, Zoning Map, to rezone certain property located north of 70th Street approximately one-third mile west of Keats Avenue from AG-1, Agricultural Preservation, to R-3, Single Family Residential District, with a Planned Development Overlay; and WHEREAS, Minnesota Statutes, Section 412.191, subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Cottage Grove has adopted Ordinance No. XXX. The ordinance amends City Code Title 11-1-6, Zoning, to rezone certain property located north of 70th Street, approximately one-third mile west of Keats Avenue from AG-1, Agricultural Preservation, to R-3, Single Family Residential District, with a Planned Development Overlay. The full text of Ordinance No. XXX is available for inspection at Cottage Grove City Hall during regular business hours and is posted at the Washington County Park Grove Library. BE IT FURTHER RESOLVED that a copy of the ordinance will be kept in the City Clerk's office at City Hall for public inspection and that a full copy of the ordinance be posted in a public place in the City. Passed this 3rd day of April 2013. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk RESOLUTION NO. 2013-XXX RESOLUTION APPROVING THE PRELIMINARY PLAT NAMED EASTRIDGE WOODS WHEREAS, DR Horton has applied for a preliminary plat for a subdivision to be known as Eastridge Woods. The development, which will consist of 134 lots for single-family homes and 13 outlot parcels, would be located on property legally described as: {Legal Description} WHEREAS, DR Horton also applied for a zoning amendment to change the zoning from AG-1, Agricultural Preservation, to R-3, Single Family Residential District, with a Planned Development Overlay (PDO); and WHEREAS, public hearing notices were mailed to surrounding property owners within 500 feet of the proposed development site and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held the public hearing on these applications on February 25, 2013; and WHEREAS, the public hearing was open for public testimony and testimony from the applicant was received and entered into the public record; and WHEREAS, the Planning Commission, on an 8-to-0 vote, recommended approval of the preliminary plat for Eastridge Woods, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the preliminary plat application filed by DR Horton for Eastridge Woods, which consists of 134 lots for single-family homes and 13 outlot parcels, located on property legally described above. The approval of this preliminary plat is subject to the following conditions: The developer and builders must comply with all city ordinances and policies. 2. Approval of the rezoning, Planned Development Overlay Plan and preliminary plat applications is contingent on the e�ension of city utilities that are necessary to serve this project. The extension of public utilities across the South Washington Watershed (SWWD) property must meet the approval of the SWWD and coordinated with the Newland Communities improvements. 3. The applicant receive appropriate building permits from the City, and permits or approvals from other regulatory agencies including, but not limited to, the South Washington Watershed District, DNR, Minnesota Department of Health and the Minnesota Pollution Control Agency. Resolution No. 2013-XXX Page 2 of 15 4. The future submittal of the final plat and the City's approval of the final plat are subject to additional conditions that will be listed in the City resolution approving the final plat and included in the development agreement between DR Horton and the City of Cottage Grove. 5. The developer must enter into an agreement with the City of Cottage Grove for the completion of the public improvements required by City ordinances. Once the devel- opment agreement is completely executed and all cash deposits and payments are paid to the City, the City will release the final plat to the developer for recording at the Washington County Recorder's Office. 6. The revised grading and utility plan must be submitted to City staff for review and approval prior to the submission of the final plat plan applications to the City. All emergency overFlow swales must be identified on the grading and erosion control plan. 7. The City Engineer is authorized to prepare a feasibility report for the construction of all public improvements within the proposed residential subdivision. 8. The developer must submit for staff review and approval a final construction management plan that includes erosion control measures, project phasing for grading work, areas designated for preservation, a crushed-rock construction entrance, and construction-related vehicle parking. Parking along 70th Street (CSAH 22) is prohibited. 9. The Developer shall be financially responsible for 100 percent of all public improve- ments. The City Engineer will prepare the construction plans and release the plans to the developer after the development agreement is fully executed and the City has received all the escrows and payments. 10. A pre-construction meeting with City staff and the contractor must be held before site work begins. The contractor will provide the City with a project schedule for the various phases of construction. 11. Erosion control devices must be installed prior to commencement of any grading activity. Erosion control shall be perFormed in accordance with the recommended practices of the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the conditions stipulated in Title 10-5-8, Erosion Control During Construction of the City's Subdivision Ordinance. 12. The developer is responsible for the cost and installation public land boundary markers at the corners of private properties abutting Outlots A, E, J, K, and M and along the SWWD's property. The boundary markers are $115 per marker. The City's Public Works Department will supply these boundary markers to the developer. The developer must install these boundary markers before a building permit is issued for the lot that abuts the recommended marker location. Resolution No. 2013-XXX Page 3 of 15 13. The developer shall prepare a warranty deed to convey fee ownership of Outlots A, E, J, K and M to the City of Cottage Grove. Once the City has accepted the improvements and the developer has removed all silt fence, erosion control devices, and ground vegetation has matured within these Outlots and is accepted by the City, the developer shall prepare a record plan for each Outlot. A copy of the recorded plan must be submitted to the City. The warranty deed for these Outlots shall be recorded at Washington County Recorder's office once the Outlots are accepted by the City. 14. The final plat and declaration of private covenants must be recorded with the Washington County Recorder's Office before any building permit can be issued. 15. All setbacks shall be consistent with the approved Planned Development Overlay Plan dated February 12, 2013. The front yard setback for the living area of the house must be a minimum of 25 feet and the front yard setback for the attached garage must be a minimum of 30 feet. The minimum side yard setback for both the living area and attached garage is 7.5 feet. The minimum rear yard setback is 35 feet. 16. The homeowners association (HOA) shall own Outlots B, C, D, F, G, H, I, and L and be responsible for all maintenance, repair, replacement, removal, etc. of any and all landscaping amenities that are placed these Outlots; the buffer strip paralleling 70th Street; and the entrance landscaping and subdivision monuments on Outlots B and D; the yard area between the south boundary line of Blocks 1 and 9 to the shoulder of 70th Street and that portion of landscaping along the south side of the SWWD's property. All monument signs must comply with the City's Sign Ordinance and can only be placed on private property. 17. Landscaping as shown on the Landscape Plan dated February 12, 2013 and the proposed undulating earth-berms within the bufFer strip along the south boundary line of Blocks 1 and 9 will be required. The homeowners association is responsible for the long-term maintenance of these areas. 18. An underground sprinkling system shall be installed within the buffer strip along the rear lots of the parcels platted in Blocks 1 and 9 and irrigate the grass area all the way to the shoulder along 70th Street. The homeowners association is responsible for mowing the grass area between the south boundary line of Blocks 1 and 9 and the shoulder along 70th Street and the landscape area on the SWWD's property to the shoulder of 70th Street and within Outlots A, B, C, D, F, G, H, I, and L. Mowing in these areas shall be consistent with the mowing and maintenance of the buffer strip along the rear lots platted in Blocks 1 and 9. 19. All drainage and utility easements as recommended by the City Engineer must be shown on the final plat and dedicated to the City for public purposes. 20. Payment of the park fee in lieu of land dedication will be determined for each phase. The park fee in lieu of land dedication that is adopted by the City Council at the time Resolution No. 2013-XXX Page 4 of 15 a final plat is filed with the City will be applied to that phase. The park fee is due and payable at the time of executing the development agreement for each phase. 21. In addition to one yard tree for each lot having street frontage, four yard trees and ten shrubs must be planted on each residential lot. One of the four trees must be a conifer tree. The developer or building must post a letter of credit or escrow for the estimated cost of these trees and shrubs on each lot. 22. The applicant must hire a city-approved arborist to assist with all facets of tree pre- servation on the site. The arborist will supervise installation and maintenance of tree preservation fencing and the tree and brush removal process. Mitigative measures to aid in preservation of trees slated to remain will occur based upon the recommendations of the arborist. Should trees designated for preservation be removed, the applicant will replace the trees in accordance with the ordinance criteria. Trees designated for preservation which is found to be harmed, diseased, or dying, or are not suited for location into the project may be removed based upon the recommendation of the arborist in agreement with the City and the applicant. Trees removed will be replaced as required by ordinance. The developer must install snow fencing or similar fencing material around all trees or groups of trees that are to be preserved prior to any grading activity on the site. 23. Retaining walls with a height that exceeds four feet or has a combination of tiers that exceed four feet or is a three-foot wall with a back slope greater than four-to-one shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer as evidence that the retaining wall was constructed in accordance with the approved plans and specifications. Any fencing on retaining walls must be decorative and subject to the design criteria established in the homeowners association declaration of covenants. 24. A"STOP" sign must be installed at the northwest corner of the Joliet Avenue and 70th Street intersection. 25. The applicant must submit private covenants with the final plat application which details the following: • The homeowners association shall own Outlots B, C, D, F, G, H, I, and L and be responsible for all maintenance, repair, replacement, removal, etc. of any and all landscaping amenities that are placed within those Outlots, the buffer strip paralleling 70th Street, center landscaped islands described as Outlots B, C, D, F, G, H, I, and L and monument signs. Included in the declaration of covenants, there shall be a provision that if the homeowners association defaults on payment of property taxes for any land they own becomes tax- forfeited property with the city obtaining ownership, the city will bill annually each landowner within the subdivision the cost to maintain the forFeited parcels and all property taxes due thereon. Resolution No. 2013-XXX Page 5 of 15 If fencing is installed along 70th Street, it must be constructed of the same design, materials and color and placed on the house side of the buffer easement located in the rear yard of those lots in Block 1 and 9. The fencing must not encroach within the buffer easement. s All signs, mailboxes, and accessory lighting will be uniform in materials and design and be approved as part of the landscape plan. All mailboxes and location of mailboxes must comply with the United States Postal Office guidelines and regulations. TurF inanagement in and around the stormwater basin in Outlots A, E, and K will be performed by the City about twice per year. Weed control might occur once per year and the area will not be fertilized. Debris will generally be removed. Trees will be regularly trimmed and monitored. Tree saplings will be removed by Public Works. The City will periodically inspect these basins to assure proper flow of the stormwater system. Inspections may result in structure maintenance/ reconstruction (inlets, outlets, skimmers, etc.), sediment removal, basin shaping, and storm pipe cleaning. All disturbed areas will be restored with similar materials. A natural buffer within 15 feet of a normal water level will be preserved. If the homeowners association desires a more regular maintenance of the ground cover or that it be irrigated, the homeowners association shall prepare a maintenance plan and submitted it to the Cottage Grove Public Works for review and approval. The homeowners association is responsible for mowing the grass area between the south boundary line of Blocks 1 and 9 and the shoulder along 70th Street, the area between the landscaped area along the south boundary of the SWWD's property and the shoulder along 70th Street; the area along the south side of Outlot A and Outlot B, C, D, F, G, H, I, and L. Mowing these areas shall be consistent with the mowing and maintenance of the turf and landscaping improvements within the buffer easement located in the rear lots of Blocks 1 and 9. • The homeowners association or the property owners on Lot 1, Block 11; Lot 4, Block 11; Lot 2, Block 12; Lot 1, Block 10; Lot 5, Block 9; Lot 11, Block 4; Lot 1, Block 3; Lot 1 Block 4; Lot 10, Block 3; and Lot 1, Block 2 must maintain the turf grass on that portion of adjoining Outlot from the curb of the street to the extension of the rear lot line of the adjoining residential lot. Maintenance of these outlots is primarily the mowing of the turF that is generally the same turF inaintenance schedule that occurs on the adjoining residential lots. The homeowners association or homeowner that has a sidewalk in front or on the side of their property is responsible for maintaining the sidewalks. Such maintenance includes, but is not limited to, sweeping and promptly Resolution No. 2013-XXX Page 6 of 15 removing ice and snow or other obstruction to ensure the safe passage of pedestrians. • Permanent or temporary access directly to 70th Street from any lot abutting 70th Street is prohibited. • Details of the conservation easement along the rear of Lots 1 through 10, Block 6. The restrictive covenants should explain what plant materials must be protected and the expectations property owners can or cannot do within the conservation easement. 19. Irrigation systems installed within City right of way are solely the developers, home- owners association or individual homeowner's responsibility and risk. The City is not responsible or liable for any damage or costs related to installation, damage or re- placement of lawn irrigation systems placed in the boulevard as a result of City use of or future changes in the right of way. 20. Street A shall be renamed as 69th Street South. Street B shall be renamed 67th Street South. Street C lying east of Joliet Avenue South must be renamed as 66th Street South and that segment of Street C lying west of Joliet Avenue South be renamed as 66th Street Court South. Street D shall be renamed as Joliet Way South. Streets E and F will be part of 67th Street Court South. The north-south orientation of Street G shall be renamed as 67 Street and the east-west section of Street G shall be renamed as 69 Street South. 21. No private driveway should have a slope greater than ten percent. 22. Fences, play equipment, swing sets, sand boxes, firewood, kennels, and/or any other materials or obstacles are prohibited from being placed on any outlot within this subdivision. 23. The developer is aware that 70th Street (CSAH 22) is a County road and residential uses located adjacent to highways often result in traffic noise complaints. Future roadway improvements to 70th Street might occur in the future. The developer's marketing materials shall identify 70th Street as County State Aid Highway 22. The City and Washington County are not responsible for construction or payment of any traffic noise mitigation. The developer was advised of the potential traffic noise impacts and the future improvements to 70th Street (CSAH 22). 24. The developer shall obtain a Washington County right-of-way permit for any grading or utility connections within the County's right-of-way. The County Right-of-Way permit must be issued before any excavation or construction occurs within the County's right-of-way. 25. The developer shall obtain a Washington County Access Permit for the Joliet Avenue connection to 70th Street (CSAH 22) before any excavation or construction Resolution No. 2013-XXX Page 7 of 15 for Joliet Avenue begins. There are no plans to include a pedestrian crossing on 70th Street (CSAH 22). 26. All landscaping, grading, drainage, erosion control, and utilities must conform to the submitted plans dated February 12, 2013 or as modified on the approved final plans as approved by the City Engineer. 27. No barrier or planting should encroach upon or over any public walkway. 28. A ten-foot wide maintenance bench must be two feet above a pond's normal water level. Pond slopes above the ten-foot maintenance bench must not be steeper than a 4:1 slope. 29. Ground elevations at the foundation of all structures shall be a minimum of two feet above the emergency overFlow elevation and/or high water elevation of any stormwater basin. 30. All emergency overflow swales must be identified on the grading and erosion control plan. Each fall while home building is occurring, emergency overFlow elevations shall be surveyed to ensure the emergency overflows are properly graded and maintained. 31. A street lighting plan must be submitted by the developer and approved by the City Engineer prior to approval of a final plat. 32. A letter of credit amounting to 150 percent of the landscaping estimate, street sweeping, and irrigation systems should be submitted to and approved by the City. Upon completion of the landscaping improvements, the owner shall, in writing, inform the City that said improvements have been completed. The City shall retain the financial guarantee covering the landscape improvements for a period of one year from the date of notice, to ensure survival of the plants. No building permit shall be issued until the required financial guarantee has been received and accepted by the City. 33. A temporary turn-around must be constructed at the west end of 69th Street and at the end of any public roadway that ends at each phase of development. If the temporary turn-around must extend onto private property, the developer shall prepare a temporary easement benefiting the City of Cottage Grove for public use of the temporary turn-around. The developer shall prepare a sketch plan and legal description for this temporary easement. The temporary easement will continue to be in effect until such time the roadway is extended in the future. The document shall include a provision that the temporary easement will automatically terminate once the roadway is extended and the City declares the temporary easement is no longer required. The developer is also responsible for the cost and installation of a barrier and sign at the end of each temporary dead-ended roadway. The sign will be an advisement that the road will be extended in the future. Resolution No. 2013-XXX Page 8 of 15 34. A five-foot wide concrete sidewalk must be constructed on both sides of Joliet Avenue, between the trail paralleling 70th Street and 69th Street. 35. The dimensions of each lot must be verified on the final plat and a list containing the square footage for each lot must be provided to the City. 36. Upon completing site grading, four copies of an "As-Built" survey for the site grade elevations must be submitted to the City. An electronic file of the "As-built" survey must be submitted to the City Engineer. 37. The City's curb and sidewalk replacement policy must be complied with during home building. A bituminous wedge shall be maintained on the street until 90 percent of the homes are constructed. 38. The City will provide to the developer the street name plates and poles. The developer must pay the City for the costs of labor and materials for these street name signs before any building permit is issued. 39. The developer must remove all dead and diseased trees, all other debris, and fencing materials that serve no practical use. This work must be completed prior to the issuance of a building permit. 40. The developer must make all necessary adjustments to the curb stops, gate valves, and metal castings to bring them flush with the topsoil (after grading). 41. The developer must place iron monuments at all lot and block corners and at all other angle points on property lines. Iron monuments must be placed after all site and right-of-way grading has been completed in order to preserve the lot markers for future property owners. 42. The developer shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The developer agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the city administrator. 43. The developer is responsible for all street maintenance, upkeep and repair of curbs, boulevards, sod, and street sweeping until the project is complete. All streets must be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on said street(s) and directing them to detour routes. If and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the developer must maintain a smooth driving surFace and adequate drainage on all streets until they are completed and accepted by the City. The developer hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature Resolution No. 2013-XXX Page 9 of 15 whatsoever arising out of developer's acts or omissions in performing the obligations imposed upon developer by this paragraph. 44. Developer will provide to suppliers, subcontractors, developer. the City copies of bids, change orders, test results, etc., relating to the work to be perFormed by the 45. The developer agrees to furnish to the City a list of contractors being considered for retention by the developer for the performance of the work described in the development agreement. 46. The developer is responsible for the control of grass and weeds in excess of eight inches on vacant lots or boulevards within their development. Failure to control grass and weeds will be considered a developer's default and the City may, at its option, perForm the work and the developer shall promptly reimburse the City for any expense incurred by the City. 47. Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the develop- ment. This entrance is required to be installed upon initial construction of the home, but a paved driveway must be completed before the City will issue a certificate of occupancy for that property. See City Standard Plate ERO-7 for construction requirements. The water service line and shut-off valve shall not be located in the d riveway. 48. Developer will be required to conduct all major activities to construct the public im- provements during the following hours of operation: Monday through Friday Saturday Sunday 7:00 A.M. to 7:00 P.M. 8:00 A.M. to 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as de- watering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a$500 fine per occurrence. 49. The developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials shall be properly disposed of off- site. Burning of trees and structures is prohibited, except for fire training only. 50. The developer grants the City, its agents, employees, officers, and contractors permission to enter the site to perform all necessary work and/or inspections during grading and the installation of public improvements by the developer. Resolution No. 2013-XXX Page 10 of 15 51. All sidewalks to be constructed as part of the development must be completed before building permits will be issued. If a sidewalk exists on or next to a parcel that is to be built upon and if any part of that sidewalk is damaged; the builder must repair the damaged walkway before a Certificate of Occupancy is issued for that particular parcel. 52. Upon acceptance by the City Council, all responsibility for the improvements must be assumed by the City, except that the developer is subject to a one year warranty on the construction of the improvements from the time of acceptance by the City of all public improvements. 53. City will not have any responsibility with respect to any street or other public improvements unless the street or other public improvements have been formally accepted by the City. Upon completion of the improvements, the developer may request, in writing, their acceptance by the City. This request must be accompanied by proof that there are no outstanding judgments or liens against the land upon which the public improvements are located. Upon the City's receipt of a written request for acceptance from the developer, the City Engineer will conduct a final inspection of the public improvements and will furnish a written list of any deficiencies noted. The City Engineer will base the inspection on compliance with the approved construction plans, profiles and specifications, as required by the city ordinance. Upon satisfactory completion of all construction in accordance with the approved plans, profiles, and specifications, as certified by a registered engineer in the State of Minnesota, and receipt of reproducible record drawings and satisfactory test results, the City Engineer will notify the developer in writing of the City's approval of the public improvements and schedule the request for acceptance for review by the City Council. 54. Upon completion of the work, the developer shall provide the City with a full set of as-built plans for City records and transmitted to the City in a DWG Autocad format and pdf format. Developer must also furnish the City with a pdf format of the final plat and four prints of the recorded plat. If the Developer does not provide as-builts, the City will produce them at the developer's expense. 55. The developer is responsible for completing the final grade on all lots and ensuring all boulevards and yards have a minimum of four inches of organic topsoil or black dirt on them. Placement of organic topsoil or black dirt, sod, and shrubs must not be transferred to homeowners. 56. No building permit will be issued until such time as adequate public utilities, including street lights and streets have been constructed and determined to be available for public use. Also, the City must have all the necessary right-of-way and/or easements for the property to be serviced. 57. Adequate dumpsters must be on site during construction of streets, utilities, and houses. When the dumpsters are full, they must be emptied immediately or replaced with an empty dumpster. The developer is responsible to require each Resolution No. 2013-XXX Page 11 of 15 builder to provide an on-site dumpster to contain all construction debris, thereby preventing it from being blown off-site. 58. Adequate portable toilets must be on-site at all times during construction of utilities, roadways, and houses. At no time shall any house under construction be more than 250 feet away from any portable toilet. Toilets must be regularly emptied. 59. After the site is rough graded, but before any utility construction commences or building permits are issued, the erosion control plan shall be implemented by the developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. 60. All areas disturbed by the excavation and back-filling operations shall be fertilized, mulched and disc anchored as necessary for seed retention. Time is of the essence in controlling erosion. If the developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately. The City will notify the developer in advance of any proposed action, but failure of the City to do so will not affect the developer's and the City's rights or obligations. If the developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 61. The developer is responsible for Erosion Control inspection fees at the current rates. If the developer does not reimburse the City for the costs the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 62. Burying construction debris, trees, shrubs, and other vegetation is prohibited on the site. 63. Dust control measures must be in place to prevent dust and erosion, including, but not limited to daily watering, silt fences, and seeding. The City Engineer may impose reasonable measures to reduce dust at the site. 64. During construction, streets must be passable at all times, free of debris, materials, soils, and other obstructions. 65. The developer shall comply with the 1991 Wetlands Conservation Act, as amended. 66. All the lots platted in this subdivision shall be part of the same homeowners association and declaration of protective covenants. 67. The City agrees to sealcoat the streets in the subdivision no later than two years after 90 percent of the houses within each development phase have been constructed. Resolution No. 2013-XXX Page 12 of 15 68. The developer must keep their contract and financial sureties (e.g. Letter of Credit, etc.) active and up to date until the developer has been released in writing from the City Engineer that the City Council has released the developer from their obligations. 69. The developer must provide to the City an irrevocable letter of credit for on-site im- provements to ensure that the developer will construct or install and pay for the following: • Pave streets • Concrete curb and gutter • Hard surFace driveways • Street lights • Water system (trunk and lateral) and water house service stubs • Sanitary sewer system (trunk and lateral) and sanitary house service stubs • Storm sewer system • Street and traffic control signs/signals • Shaping and sodding drainage ways and berms in accordance with the drainage development plan approved by the City Engineer • Adjust and repair new and existing utilities • Sidewalks and trails • Erosion control, site grading and ponding • Surveying and staking • Park and storm water basin boundary markers These improvements are all in conformance with City approved plans and specifica- tions and will be installed at the sole expense of the developer in conformance with Title 10, Chapter 5 of the City Code; or if in lieu of the developer making said im- provements, the City proceeds to install any or all of said improvements, under the provisions of Chapter 429 of the Minnesota Statutes, the City Council may reduce said Letter of Credit by the amounts provided, upon the ordering, for those public improvements so undertaken. The Letter of Credit must have the same expiration date as the Developer's contract. The bank and form of the security is subject to the reasonable approval of the City. The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Development Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the city may draw down the letter of credit. The City may draw down the security without prior notice for any default of the Development Agreement. This minimum amount for this financial guarantee will be included in the development agreement. Resolution No. 2013-XXX Page 13 of 15 70. A Developer's cash escrow must be posted with the City's Finance Director in a non-interest bearing account to cover engineering, legal and administrative costs incurred by the City. If this account becomes deficient it shall be the developer's responsibility to deposit additional funds. This must be done before final bonding obligations are complete. This escrow amount will be included in the development agreement. 71. An engineering cash escrow must be posted with the City's Finance Director in a non-interest bearing account to cover costs of City services, expenses, and materials provided in reviewing and processing of the final plat, including but not limited to staff time, legal expenses, office and field inspections, general inspections, and all other city staff services perFormed. This escrow amount will be included in the development agreement. 72. The developer is responsible for establishing the final grades, topsoil, and seeding of all the residential lots, basins, swales, and boulevards within the approved subdivision. The developer and/or builder is responsible for planting one boulevard tree per lot and a second boulevard tree on the corner side lot for corner lots. The City Forester will mark the location where the boulevard tree(s) must be planted and approve the tree species to be planted. Contrary to the developer's landscaping plan dated February 12, 2012, a mix of tree species will be planted on each street. The Landscape Plan must be modified and submitted with the final plat application. The developer is also responsible for planting the trees and landscaping improvements within the buffer strip along the rear lot of the parcels in Blocks 1 and 9, in Outlots B, C, D, E, F, G, H, I, J, K, and L, and on the SW1ND's property. 73. The developer shall incorporate the recommendations and requirements listed in Stantec's (city engineering consultant) letter dated March 18, 2013 into the final plat. 74. The developer is responsible for the cost and construction of an eight foot wide asphalt trail to be located within one foot of the south boundary line for Blocks 1 and 9, across the south side of the SWWD's property and the trails within Outlot J, Outlot M and on the SWWD's property. 75. The developer is required to pay that portion of the right-turn lane on 70th Street and a right-turn lane on Military Road at the time the area along 66th Street Court, west of Joliet Avenue develops. 76. The development standards for the Planned Development Overlay (PDO) of the R- 3, Single Family Residential District, are as follows: • The buffer strip parallel to 70th Street shall be graded with undulating earth- berms and densely landscaped. • An underground irrigation system shall be provided for all turf areas. Resolution No. 2013-XXX Page 14 of 15 • The minimum front yard setback for the living area of a dwelling must not be less than 25 feet and the minimum front yard setback of the attached garage must not be less than 30 feet. A minimum 7.5-foot side yard setback is acceptable. • The minimum finished floor area for a single-family rambler is 1,500 square feet and 2,000 square feet for all other single-family designs. • The minimum attached garage area shall be 440 square feet. • Architectural design is encouraged on all four sides of the principal structure. • A minimum of 20 percent of the front fa�ade is covered by brick, stone, stucco, or cementious board. The 20 percent minimum does not include windows, door areas, or garage doors. • The minimum roof pitch for the main roof slope is an 8/12 pitch. • Brick or stone front fa�ade is encouraged to wrap around the front corners and extend a minimum of 24 inches along each side wall. • Windows, doors and garage doors are encouraged to have a low or no maintenance trim on all four sides of the dwelling. 84. The Landscape Plan dated February 12, 2013 must be modified to show more mixed species along the streets versus one tree species for each street segment. Ginkgo/Ginkgo Biloba trees must be included in the species list and the Autumn Blaze Maple be changed to Swamp White Oak. The revised Landscape Plan must also show tree and shrub plantings across the S1NWD's property adjoining the 70th Street right-of-way and along the south side of Outlot A. A revised Landscape Plan is required with the submittal of a final plat application. The tree quantities must be approved by the City Forester. The developer is responsible for the costs and planting of these materials along the south side of Blocks 1 and 9, the SW1ND's property and Outlot A. 85. If a temporary turnaround cannot be located within the existing 60-foot wide right-of- way, the developer must provide to the City a temporary roadway easement on other properties to construct these turnarounds. The developer must prepare a legal description, sketch drawing, and temporary easement document for the City's review and approval. The temporary easement agreement will terminate once the local street is extended in the future. The temporary easement will no longer be needed at that time. The developer is responsible for the cost and installation of a barrier and sign that is required at the end of any dead-ended street. The purpose of this sign is to inform the public that the dead-ended streets are planned to be e�ended in the future. Resolution No. 2013-XXX Page 15 of 15 86. The street width for 67th Street South located in the southwest corner of the site shall be constructed with the same street width as constructed in the Ravine Meadow subdivision. 87. The developer might be required to pay for and/or construct a right turn-lane on Military Road once the area west of Joliet Avenue and along 66th Street Court South develops. 88. A drainage and utility easement of sufficient width must be platted along a common side property line for two lots east of 66th Street. The purpose of this easement is to extend city utilities to the three acre parcel of land located at 9905 Military Road. 89. Markers delineating the north boundary of the buffer strip easement or outlot if platted along the south side of Blocks 1 and 9 must be installed and paid for by the developer. Installation of these markers must be done after the bufFer strip is graded and the landscaping materials have been installed. Passed this 3rd day of April 2013. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON MARCH 25, 2013 6.2 Wozniak Property/DR Horton Development — Cases PP13-008 and ZA13-009 DR Horton has applied for a zoning amendment to change the zoning from AG-1, Agricul- tural Preservation, to R-3, Single Family Residential, with a Planned Development Over- lay; and a preliminary plat for a residential subdivision to be located north of 70th Street, approximately a third mile west of Keats Avenue, that will consist of 134 single family lots and 13 outlots. McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Brittain asked about the viewing triangle associated with the trail along 70th Street and if a condition needs to be added to address visibility from the trail. McCool stated that the City has talked with Washington County about this issue and it is being considered. Reese asked about maintenance if the homeowners association defaults. McCool responded that the homeowners association is required to own and maintain certain areas. If those properties go tax forFeit and the City picks up those parcels, all 134 lots within the subdivision will be billed for their portion of any maintenance costs. Reese asked who would maintain the buffer strip along 70th Street if the homeowners association ceases to exist. McCool responded that the 13 homeowners would maintain their respective part of the buffer strip. Rostad asked if accountability for snow and ice removal, mowing, etc. is the homeowners association or the property owner. McCool responded that the responsibility for maintenance and snow removal ultimately belongs to the property owner. The homeowners association, which is comprised of all the property owners in the development, could decide that they do not want to take care of certain things and the responsibility falls back onto the property owner. Brittain had concerns about some of the street names in the development. McCool provided the street names in the area. Brittain expressed concern about Jewel Lane and 68th Street and asked about the precedence of a street changing its name mid-block and not at an inter- section. McCool responded that staff considers this to be a one-street alignment connecting to the same street, Jensen Avenue. As part of the City's street naming system, a looped road that connects back to the same road is a lane. Brittain noted that a temporary turnaround is not required for the future northerly extension of Joliet. McCool responded that DR Horton is proposing development in four phases. Brittain then asked where the 12 parking spaces on the west side of Joliet Avenue would be located. McCool pointed out the location of the on-street parking area, which is near the park. Mike Suel, DR Horton, 20860 Kenbridge Court, Lakeville, introduced Fran Hagen, Westwood Professional Services, who is the engineer for the project. Suel stated that regarding the 70th Street buffer they met with staff last week and are now leaning toward having that area be an outlot. They understand the Commission's concerns regarding HOAs, stating that DR Excerpt from Unapproved Planning Commission Minutes DR Horton/Wozniak Property — Case No. PP13-008 and ZA13-009 March 25, 2013 Page 2 of 3 Horton writes the HOA documents to stand up over time. Suel then described the homes that they will be building in the development. There will be seven basic home plans with three to four front elevations to choose from. They will also provide flexibility in the designs based on homeowner requests. They only have two-story homes planned for this development. The homes range from 2,300 to 3,400 square feet. He provided pictures of the proposed homes. There are several details, such as wrapping brick around the sides of homes, to work out with the City. Reese asked about if fencing along 70th Street has to match the East Ravine Design Stan- dards of black chain link. McCool responded that if there was to be fencing, all the properties would have to use the same materials and color and would be required to be on the house side of the berm area. The design standards do not reference a specific type of fence, only that it has to be the same materials and colors. Reese asked if the berm would be consistent with the berm in the Newland development. McCool responded that the DR Horton development is lower in elevation than the Newland development, which does have some parts of the berm at six feet in height, and there are grading and drainage issues on the DR Horton property. Fran Hagen, Westwood Profes- sional Services, responded that berm size is based on the elevation of the road in relation to the backyards and the existing grades. He explained that from the back of the houses to the berm it is about six to eight feet but from the roadside it is zero to four feet. Rostad asked about the conservation easement regarding tree removal in the northeast cor- ner. McCool responded that there will be documentation as part of the plat review that those trees are to be preserved. In addition, the homeowners association restrictive covenants will list what homeowners can and can't do in that conservation easement. Rostad asked about enforcement. McCool responded that enforcement would be up to the homeowners associa- tion. McCool stated that the City is requiring a connection of the public utilities to the three- acre parcel located to the west. In order to install those utilities, there will be some tree removal in that wooded area. There may also be a public street extended to that parcel. If that is the case, tree mitigation would be re-evaluated. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Brittain asked for feedback from the Commission on the street name Jewel Lane versus 68th Street. The Commission discussed the street names for the development. Brittain recom- mended having more continuous use of street names. Reese asked if the developer is planning to put in a monument sign. Suel pointed out the location for their monument sign by the entry from 70th Street noting that there will be landscaping around it. Thiede asked if the homeowners associations for the two developments would be connected as was discussed during the concept plan approvals, particularly the neighborhood that in- cludes homes from both developers. Suel stated that they have had conversations with Newland about combining the associations on the west side. They both agree that it would make sense to join the west lots with the Newland lots. Brittain asked if they don't come to an agreement with Newland, will DR Horton have one or two associations. Suel responded Excerpt from Unapproved Planning Commission Minutes DR Horton/Wozniak Property — Case No. PP13-008 and ZA13-009 March 25, 2013 Page 3 of 3 one, but the documents have not been drafted yet and he needs to discuss the documents with their association attorney and managers. Suel stated that their preference would be for Newland and DR Horton to have their own HOAs and include the westerly DR Horton prop- erties in the Newland HOA. Rostad suggested that all properties to the east of the watershed should be in one homeowners association and everything to the west in another. Wehrle asked if Public Works was okay with the landscape islands. McCool responded that they have accepted the islands but they don't want the responsibility for maintaining the islands. Brittain made a motion to approve the zoning amendment from AG-1 to R-3, the Planned Development Overlay (PDO), and the preliminary plat, subject to the 89 condi- tions stipulated in the staff report with the addition of a recommendation to change the names of Jewel Lane to 68th Street and 69th Street with a caveat to evaluate if it is possible to also rename Jewel Lane in the Newland development as well. Reese seconded. Motion passed unanimously (8-to-0 vote).