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Home My WebLink About2013-12-18 PACKET 04.L.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # �� DATE 12/18/13 . s PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR ****************************��****************** COUNCIL ACTION REQUEST Consider adopting a resolution amending Resolution No 2013-041, which approved the Eastridge Woods preliminary plat, to increase the total number of residential lots from 134 lots to 135 lots, subject to the eighty-nine conditions listed Resolution No 2013-041. 2. Consider adopting an ordinance amending Ordinance No 913, which approved the rezoning and Planned Development Overlay Plan for three parcels of land having a cumu- lative land area of 61.8-acres. This amendment applies to Section 2, paragraph "E" of Ordinance No. 913 to increase the total number of lots from 134 to 135 lots. STAFF RECOMMENDATION: 1. Adopt the resolution amending Resolution No. 2013-041. 2. Adopt the ordinance amending Ordinance No. 913. SUPPORTING DOCUMENTS: � MEMO/LETTER:Memo from John McCool dated 12/12/13 Letter from Ron Mullenbach, D.R. Horton, dated 12/7/13 � RESOLUTION: Draft Resolution No. 2013-041 � ORDINANCE: Draft Ordinance No. 913 ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Final Plats - Eastridge Woods and Cayden Glen ADMINISTRATOR'S COMMENTS f P City Adminis tor Date ***�*****************************:�**********�*** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage � Grove � Pride anaP�OSPerity Meet TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: December 12, 2013 RE: D.R. Horton — Preliminary Plat and Planned Development Overlay Amendments for Eastridge Woods Proposal D.R. Horton is requesting City approval to add one residential lot to their Eastridge Woods prelimi- nary plat and Planned Development Overlay Plan. A copy of D.R. Horton's request dated December 7, 2013 is attached. This one additional lot will be created by combining a remnant parcel known as Outlot F in the Cayden Glen subdivision with an adjoining remnant parcel known as Outlot J in Eastridge Woods. Newland Communities is the developer for the Cayden Glen subdivision and they have agreed to convey their Outlot F in Cayden Glen to D.R. Horton when Horton files their final plat that creates this one additional lot. A copy of their agreement is attached. The Eastridge Woods subdivision is located north of 70th Street (CSAH 22) and approximately one- quarter mile west of Keats Avenue. A location map of this project is shown below. Location Map Honorable Mayor, City Council, and Ryan Schroeder D.R. Horton — Eastridge Woods Development December 12, 2013 Page 2 of 3 Background In preparing the preliminary plat, the neighboring property owner (Newland Communities) west of D.R. Horton's site also submitted their development plans for their 39.6-acre site. Their develop- ment plan proposed the platting of 92 lots for the construction of detached single-family houses. The stormwater basin between both projects was decided to be an appropriate location that be- nefited both projects. Now that the grading plan for the basin has been finalized, it has been de- termined that combining remnant parcels in both projects can create one additional residential lot. The illustration below shows the location of the residential lot that is proposed to be added. , .,.. .. •r---r - ---i-- - .�-- 1 � I �� 1 ! � f � I The Planning Commission held a public hearing for the Eastridge Woods development plan on Feb- ruary 25, 2013, and unanimously recommended approval of D.R. Horton's preliminary plat and Planned Development Overlay Plan for this project. The City Council subsequently approved both applications on April 3, 2013. The resolution approving the preliminary plat (Resolution No. 2013-041) described the Eastridge Woods subdivision as having 134 lots for detached single-family houses and 13 outlot parcels. The ordinance approving the rezoning and Planned Development Overlay Plan (Ordinance No. 913) also described the development plan as having 134 lots within the 61.8-acre site. A copy of Resolution No. 2013-041 and Ordinance No. 913 are attached. Honorable Mayor, City Council, and Ryan Schroeder D.R. Horton — Eastridge Woods Development December 12, 2013 Page 3 of 3 DlSCUSSl011 Adding one lot does not significantly change the overall layout for either project and can easily be accommodated by combining remnant parcels from both projects. The overall density will continue to be consistent with the low density residential designation in the Future Vision 2030 Comprehen- sive Plan and the R-3, Single-family Residential zoning district, for this property. Tree preservation is not an issue and the park fee for this one additional lot will be determined once the costs to develop the Cedarhurst Meadows Park are finalized. The park fee will be addressed in the development agreement with D.R. Horton at the time a final plat for a future phase has been submitted to the City. Attached is a copy of the final plat for Cayden Glen and Eastridge Woods. Outlot F shown on the Cayden Glen subdivision is proposed to be combined with Outlot J in Eastridge Woods. Combining these two outlots will create one additional residential lot in the future phase of Eastridge Woods. Recommendation That the City Council considers approving the following: Adopting a resolution amending Resolution No 2013-041, which approved the Eastridge Woods preliminary plat, to increase the total number of residential lots from 134 lots to 135 lots, subject to the eighty-nine conditions listed Resolution No 2013-041. 2. Adopting an ordinance amending Ordinance No 913, which approved the rezoning and Planned Development Overlay Plan for three parcels of land having a cumulative land area of 61.8-acres. This amendment applies to Section 2, paragraph "E" of Ordinance No. 913 to increase the total number of lots from 134 to 135 lots. I ' I ' I �� ° i.;::, �a � y , �, � / ' December 7, 2013 Mr. John McCool City of Cottage Grove 12800 Ra�ine Parkway South Cottage Grove, MN 55016 RE: Eastridge Woods Dear John: As you lcnow, we have been working with Newland Communities (aka NNP-JAMAICA, LLC) on an agreement to allow for the installation of sanitary sewer, storm sewer and street improvements to serve both Eastridge Woods and Cayden Glen. Due to the specific dimensions of each neighborhood, each party was left with a remnant parcel that is not large enough to facilitate an additional lot (Outlot F, Cayden Glen and Outlot J, Eastridge Woods). However, when combined together the two parcels are large enough to facilitate an additional lot. Newland Communities has agreed to deed Outlot F, Cayden Glen to D.R. Horton so that it may be combined with Outlot J, Eastridge Woods into one buildable lot. Therefore, we respectfully request that the City approve a modification to the Eastridge Wood preliminaiy plat (approved Aprii 3, 2013 as Resolution No. 2013-041) to increase the number of lots within the plat from 134 to 135 so that we may utilize the two remnant parcels and eventually final plat them into one single family lot. As we discussed, D.R. I�orton will provide detailed grading, utility and street plans for this additional lot in conjunction with the final plat of the lots located in Eastridge Woods west of the watershed district property. Please let me know should you need any information or applications to process this request. Thank you. 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Horton requested that Resolution No. 2013-041, which approved the preliminary plat for a subdivision to be known as Eastridge Woods, be amended to increase the total number of residential lots from 134 to 135 lots. The development boundary for Eastridge Woods will hereafter include additional land that is legally described as Outlot F, Cayden Glen. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the amendment to Resolution No. 2013-41, which approved the preliminary plat name Eastridge Woods, to increase the total number of lots from 134 to 135 lots. Approval of this resolution is subject to the following conditions: 1. The developer of the Cayden Glen subdivision records the final plat at the Washington County Government Center. 2. The owner of Outlot F, Cayden Glen conveys fee ownership to the owner of Outlot J, Eastridge Woods. 3. All the conditions approving Resolution No. 2013-041 continue to be in effect and apply to Outlot F, Cayden Glen. 4. The owner of Outlot J, Eastridge Woods combines said parcel with Outlot F, Cayden Glen for purposes of platting both parcels as one residential lot. 5. The park fee will be adjusted accordingly with the final plat of a future phase. Passed this 18th day of December, 2013. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk ORDINANCE NO. XXX AN ORDINANCE AMENDING ORDINANCE NO. 913 FOR PURPOSES OF INCREASING THE TOTAL NUMBER OF LOTS WITHIN THE EASTRIDGE WOODS PLANNED DEVELOPMENT OVERLAY PLAN The City Council of the City of Cottage Grove, Washington County, Minnesota, does ordain as follows: SECTION 1. AMENDMENT. The City of Cottage Grove adopted Ordinance No. 913 on April 3, 2013. Said Ordinance No. 913 rezoned properties with property identification numbers of 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. 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 Preserva- tion, 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 135 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. 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. Ordinance No. XXX Page 2 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 18th day of December, 2013. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk ORDINANCE NO. 9'13 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 Caunty, 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, Q3.027.21.42.0003 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: Parcel No. 1: Tract B, Registered Land Survey No. 63, on file and of record and in the office of the registrar of titles, Washington County, Minnesota (containing 16.4 acres, more or less) Parcel No. 2: That part of Tract C of Registered Land Survey No. 63, on file and of record in the office of the Register of Titles, Washington County, Minnesota, described as follows: beginning at the sauthwest corner of said Tract C; thence North 1 degree 12 minutes 45 seconds East, bearing assumed, along fhe west line of said Tract C, a distance of 1232.25 feet; thence South 41 degrees 11 minutes 25 seconds East a distance of 636.72 feet; thence South 1 degree 12 minutes 45 seconds West a distance of 756.79 feet to the south line of said Tract C; thence North 89 degrees 29 minutes 33 seconds West, along said south line, a distance of 429.40 feet to the point of beginning. Containing 9.8 acres, more or less. Subject to that part taken for 70th Street South and drainage and utility easements of record, if any. And That part of Tract C of Registered Land Survey No. 63 on file and of record in the office of the Register of Titles, Washington County, Minnesota, described as follows: commencing at the sauthwest corner of said Tract C; thence North 1 degree 12 minutes 45 seconds East, bearing assumed, along the west line of said Tract C, a distance of 1232.25 feet; thence South 41 degrees 11 minutes 25 seconds East a distance of 636.72 feet; thence South 1 degree 12 minutes 45 seconds West a distance of 756.79 feet to tha south line of said Tract C; thence South 89 degrees 29 minutes 33 seconds East, along said south line, a distance of 335.08 feet to the point of beginning of the land to be described; thence North 1 degree 12 minutes 45 seconds East a distance of 1271.86 feet; thence North 74 degrees 05 minutes 37 Ordinance No. 913 Page 2 seconds West a distance of 790,26 feet to said west line of Tract C; thence North 1 degree 12 minutes 45 seconds East, a(ong said west line of Tract C, a distance of 646.39 feet to a point described as follows: commencing at the northwest corner of said Tract C; thence South 1 degree 12 minutes 45 seconds West, bearing assumed, along the west line of said Tract C, a distance of 527.85 feet to said point; thence South 78 degrees 32 minutes 09 seconds East a distance of 544.58 feet; thence North 39 degrees 08 minutes 55 seconds East a distance of 121.97 feet to its intersection with a line paralfel with and 60.00 feet southwesterly of, as measured at right angles to the northeasterly line of said Tract C; thence South 49 degrees 34 minutes 57 seconds East, along said parallel line, a distance of 477.49 feet; thence North 40 degrees 25 minutes 03 seconds East a distance of 60.00 feet to said northeasterly line of Tract C; thence southeasterly, along said northeasterly line, to the northeast corner of said Tract C; thence southerly, along the east line of said Tracfi C, to the southeasterly corner of said Tract C; thence westerly, along the south line of Tract C, to the point of beginning. Containing 34.8 acres more or less. Subject to that part taken for Military Road and 70th Street South and drainage and utility easements of record, if any. The above property is situated in Washington County, State of Minnesota. 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 fow 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 residentia( land use designation in the Future L.and Use Map of the City's F'uture Vision 2030 Comprehensive Plan (March 20'i 1). 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. 913 Page 3 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 fo law. Passed this 3rd day of April 2013. � I� ron Bailey,� ay,g� �e � �,� Attest: �� Caron M. Stransky, City Cler RESOLUTION NO. 2013-041 RESOLUTION APPROVING THE PRELIMINARY PLAT NAMED EASTRIDGE WOODS WHEREAS, DR Horton has applied for a preliminary plat far 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: Parcel No. 1: Tract B, Registered L.and Suruey No. 63, on file and of record and in the office of the registrar of titles, Washington County, Minnesota (containing 16.4 acres, more or less) Parcel No. 2: That part of Tract C of Registered Land Survey No. 63, on file and of record in the office of the Register of Titles, Washington County, Minnesota, described as follows: beginning at the southwest corner of said Tract C; thence North 1 degree 12 minutes 45 seconds East, bearing assumed, along the west line of said Tract C, a distance of 1232.25 feet; thence South 41 degrees 11 minutes 25 seconds East a distance of 636.72 feet; thence South 1 degree 12 minutes 45 seconds West a distance of 756.79 feet to the south line of said Tract C; thence North 89 degrees 29 minutes 33 seconds West, along said south (ine, a distance of 429.40 feet to the point of beginning. Containing 9.8 acres, more or less. Subject to that part taken for 70th Street South and drainage and utility easements of record, if any, /�riT'.I That parE of Tract C of Registered Land Survey No. 63 on file and of record in the office of the Register of Titles, Washington County, Minnesota, described as follows: commencing at the southwest corner of said Tract C; thence North 1 degree 12 minutes 45 seconds East, bearing assumed, along the west line of said Tract C, a distance of 1232.25 feet; thence South 41 degrees 11 minutes 25 seconds East a distance of 636.72 feet; thence South 1 degree 12 minutes 45 seconds West a distance of 756.79 feet to the south line of said Tract C; thence South 89 degrees 29 minutes 33 seconds East, along said south line, a distance of 335.08 feet to the point of beginning of the land to be described; thence North 1 degree 12 minutes 45 seconds East a distance of 1271.86 feet; thence North 74 degrees 05 minutes 37 seconds West a distance of 790.26 feet to said west line of Tract C; thence North 1 degree 12 minutes 45 seconds East, along said west line of Tract C, a distance of 646.39 feet to a point described as follows: commencing at the northwest corner of said Tract C; thence South 1 degree 12 minutes 45 seconds West, bearing assumed, along the west line of said Tract C, a distance of 527.85 feet to said poinf; thence South 78 degrees 32 minutes 09 seconds East a distance of 544.58 feet; thence North 39 degrees 08 minutes 55 seconds East a distance of 121.97 feet to its intersection with a line parallel with and 60.00 feet southwesterly of, as measured at right angles to the northeasterly line of said Tract C; thence South 49 degrees 34 minutes 57 seconds East, along said parallel line, a distance of 477.49 feet; thence North 40 degrees 25 minutes 03 seconds Resolution No. 2013-041 Page 2 of 16 East a distance of 60.00 feet to said northeasterly line of Tract C; thence southeasterly, along said northeasterly line, to the northeast corner of said Tract C; thence southerly, along the east line of said Tract C, to the southeasterly corner of said Tract C; thence westerly, along the south line of Tract C, to the point of beginning. Containing 34.8 acres more or less. Subject to that part taken for Military Road and 70th Street South and drainage and utility easements of record, if any. The above property is situated in Washington County, State of Minnesota. 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 testimoriy 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 1T 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: 1. 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 extension of city utilities that are necessary to serve this praject. 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 ap�ropriate 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. 4. The future submittal of the final plat and the City's approval of the final plat are subject ta additionaf conditions that will be listed in the City resolution approving the Resolution No. 2013-041 Page 3 of 16 final plafi 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 p(an that includes erosion control measures, project phasing for grading work, areas designated far 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. 1 Q. 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 #he "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 alang 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. 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 Resolution No. 2013-041 Page 4 of 16 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 92, 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 I[ne of Blocks 1 and 9 to the shoulder of 70th Street and that por�ion 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 SVWVD'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 af 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 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. Resolution No. 2013-041 Page 5 of 16 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 a(I 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 fiencing materia( around all trees or groups of trees that are ta be preserved prior to any grading activity an 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 wifh 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 consfructed in accordance with the approved plans and specifications. Any fencing on retaining walfs 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 musfi submit private covenants with the fiinal 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 thaf 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 fio maintain the forteited parcels and all property taxes due thereon. Resolution No. 2013-041 Page 6 of 16 If fencing is installed along 70fih 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. 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 fwice per year. Weed control might occur once per year and the area will not be fertilized. Debris will generally be removed. Trees wi(I 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 main#enance 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 SVWVD'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; L.ot 1, Block 10; L.ot 5, Block 9; Lot 11, Block 4; Lot 1, Block 3; Lot 1 Block 4; L.ot 10, Block 3; and Lat 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 removing ice and snow or other obstruction to ensure the safe passage of pedestrians. Resolution No. 2013-041 Page 7 of 16 • 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 L.ots 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. 26. Irrigation systems installed within City right of way are solely #he 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. 27. Street A shall be renamed as 69th Street South. Street B shall be renamed 67th Street South. Streefi 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. 28. No private driveway should have a slope greater than ten percent. 29. Fences, play equipment, swing sets, sand boxes, firewood, kennels, and/or any other materials or obstacles are prohibited from being placed on any outlat within this subdivision. 30. 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). 31. 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. 32. The developer shall obtain a Washington County Access Permit for the Joliet Avenue connection to 70th Street (CSAH 22) before any excavation or construction for Joliet Avenue begins. There are no plans to include a pedestrian crossing on 70th Street (CSAH 22), Resolution No. 2013-041 Page 8 of 16 33. 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. 34. No barrier or planting should encroach upon or over any public walkway. 35. 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. 36. 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. 37. All emergency overFlow swales must be identified on the grading and erasion control plan. Each falf while home building is occurring, emergency overFlow elevations shall be surveyed to ensure the emergency overflows are properly graded . and maintained. 38. A street lighting plan must be submitted by the developer and approved by the City Engineer prior to approval of a final plat. 39. 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. 40. 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 Coftage 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. 41. A five-foot wide concrete sidewalk must be constructed on both sides of Joliet Avenue, between the trail paralleling 70th Street and 69th Street. Resolution No. 2013-041 Page 9 of 16 42. 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. 43. 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. 44. 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. 45. The City will provide to the deve(oper 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. 46. 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. 47. The developer must make all necessary adjustments to the curb stops, gate valves, and mefal castings to bring them flush with the topsoil (after grading). � 48. The developer must place iron monuments at all lot and block corners and at all other angle points on properfy 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. 49. 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 requiremenfs of franchise ordinances in effect in the City, copies of which are available from the city administrator. 50. 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 shaB be barricaded and closed. In the event residences are occupied prior ta 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 whatsoever arising out of developer's acts or omissions in performing fihe obligations imposed upon developer by this paragraph. Resolution No. 2013-041 Page 10 of 16 51. Developer will provide to the City copies of bids, change orders, test results, suppliers, subcontractors, etc., relating to the work to be performed by the developer. 52. 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. 53. 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 ar�y expense incurred by the City. ' 54. 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- menfi. This entrance is required to be installed upon initial construction of the home, but a paved driveway must be completed befare 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 driveway. 55. Developer will be required to conduct all major activities to construct the pub(ic im- provements during the following hours of operation: Monday through Friday 7:00 A.M. to 7:00 P.M. Saturday 8;00 A.M. to 5:00 P.M. Sunday Not Allowed This does not apply ta activities that are required on a 24-hour basis such as de- watering, etc. Any deviations firom the above hours are subject to appraval of the City Engineer. Violations of the working hours will result in a$500 fine per occurrence. 56. 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. 57. The developer grants the City, its agents, employees, officers, and contractors permission to enter the site to pertorm all necessary work and/or inspections during grading and the installation of public improvements by the developer. 58. 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 sidewafk is damaged; the builder must Resolution No. 2013-041 Page 11 of 16 repair the damaged walkway before a Certificate of Occupancy is issued for that particular parcel. 59. 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. 60. 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 ofi 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 cer#ified by a registered engineer in the State of Minnesota, and receipt of reproducible record drawings and satisfactory test results, the City Engineer will natify the devefoper in writing of the City's approval of the public improvements and schedule the request for acceptance for review by the City Council. 61. 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. 62. 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. 63. No building permit will be issued until such time as adequate public utilities, including street lights and streets have been consfructed and determined to be available for public use. Atso, the City must have all the necessary right-of-way and/or easements for the property to be serviced. 64. 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 builder to prouide an on-site dumpster to contain all construction debris, thereby preventing it from being blown off-site. Resolution No. 2013-041 Page 12 of 16 65. 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 fieet away from any portable toilet. Toilets must be regularly emptied. 66. 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 additionaf erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. 67. Ali 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 if 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 Cify may draw down the letter of credit to pay such costs. 68. 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 #hirfy {30) days, the City may draw down the letter of credit to pay such costs. 69. Burying construction debris, trees, shrubs, and other vegetation is prohibited on the site. 70. 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. 71. During construction, streets must be passable at all times, free of debris, materials, soils, and other obstructions. 72. The develaper shall comply with the 1991 Wetlands Conservation Act, as amended. 73. All the lots platted in this subdivision shall be part of the same homeowners association and declaration of protective covenants. 74. The City agrees to sealcoat the streets in the subdivision no later than two years after 90 percent of fihe houses within each development phase have been constructed. 75. The developer must keep their contract and financial sureties (e.g. Letter of Credifi, etc.) active and up to date until the developer has been released in writing from the Resolution No. 2013-041 Page 13 of 16 City Engineer that the City Council has released the developer from their obligations. 76. 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 uti(ities • Sidewafks and trails • Erosian 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 Cify proceeds to instalf any or all of said improvements, under the provisions of Chapter 429 of the Minnesota Statutes, the City Council may reduce said I�etter of Credit by the amounts provided, upon the ordering, for those public improvements so underEaken. 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 thirEy (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. 77. 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 Resolution No. 2013-041 Page 14 of 16 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. 78. An engineering cash escrow must be posted with the City's Finance Director in a non-interest bearing account ta 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. 79. The developer is responsible for esfablishing fihe 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 SVW1/D's property. 80. The developer shall incorporate the recommendations and requirements listed in Stantec's (city engineering consultant) letter dated March 18, 2013 into the final plat. 81. The developer is responsible for the cost and construction of an eight foot wide asphalt trail ta 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. 82. The developer is required to pay that porkion 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. 83. 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 irrigafion system shall be provided for all turf areas. 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. Resolution No. 2013-041 Page 15 of 16 • 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 fihe front corners and ext'end 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. GinkgoJGinkgo 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 SWWD's property adjoining the 70th Sfreet 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 SWWD'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 proper�ies 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 exfiended in the future. 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. Resolution No. 2013-041 Page 16 of 16 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 Sfireet Court South develops. 88. A drainage and utility easement of sufficient width musfi be platted along a cammon 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 fhe north boundary of the buffer strip easement or outlot if platted alang 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. Attest: � on Bailey, ayo �5�� Caron M. Stransky, City Clerk