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Home My WebLink About2017-02-27 PACKET 06.1.STAFF REPORT CASE: ZA2017-002 & PP2017-003 ITEM: 6.1 PUBLIC MEETING DATE: 2/27/27 TENTATIVE COUNCIL REVIEW DATE: 3/15/17 APPLICATION APPLICANT: Mike Rygh Homes REQUEST: A zoning amendment to change the zoning from R-2, Residential Estate, to R-5, Medium Density Residential District with a Planned Development Overlay (PDO); and a preliminary plat for a residential subdivision to be named Villas of Hidden Valley, which creates 19 lots for detached single- family homes. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 7275 Harkness Avenue South R-2, Residential Estate Low Density Residential LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Parks/Open Space Parks/ Open Space EAST: Residential Low Density Residential SOUTH: Residential Estate Low Density Residential WEST: Parks/Open Space Parks/Open Space SIZE: 4.76 acres DENSITY: 3.99 units/acre RECOMMENDATION Approval, subject to the conditions stipulated in this staff report. Cottage "I'd Grove COTTAGE GROVE PLANNING DIVISION here Pride anaerOSPerity Meet Planning Staff Contact: John McCool, Senior Planner; 651-458-2874; jmccoolCa cottage-grove.org Application Accepted: 2/3/17 60 -Day Review Deadline: 4/4/17 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Mike Rygh Homes — Villas of Hidden Valley Subdivision Planning Case Nos. ZA2017-002 and PP2O17-003 February 27, 2017 Proposal Mike Rygh Homes has filed the following planning applications to develop approximately 4.76 acres of land for detached single-family homes: A. Zoning amendment to change the property's R-2, Residential Estate, zoning classification to R-5, Medium Density Residential District with a Planned Development Overlay (PDO). B. Villas of Hidden Valley Planned Development Overlay (PDO) final plan. C. Preliminary plat named Villas of Hidden Valley to subdivide the 4.76 acres of land into 19 lots for detached single-family residential homes. The property is located approximately one-quarter of a mile south of 70th Street (CSAH 22) on the east side of Harkness Avenue. The property address is 7275 Harkness Avenue. The location map is shown below. Location Map Planning Staff Report —Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 2 of 31 Review Process Application Received: December 5, 2016 Acceptance of Completed Application: February 3, 2017 Planning Commission Public Hearing: February 27, 2017 Tentative City Council Date: March 15, 2017 60 -day Review Deadline: April 4, 2017 Planned Development Overlay (PDO) Plan Procedure The Planning Commission must make a recommendation to the City Council on the proposed Villas of Hidden Valley Planned Development Overlay (PDO) plan. The findings required to approve the Villas of Hidden Valley PDO must include, but are not limited to, the following: A. The Villas of Hidden Valley PDO plan is consistent with the intent of the PDO requirements specified in the City Codes. B. The Villas of Hidden Valley PDO plan meets the standards required for a conditional use. C. The area surrounding the PDO plan can be planned and developed in coordination and sub- stantial compatibility with the proposed PDO plan. D. Any proposed density transfer is consistent with the preservation and enhancement of important natural features of the site. E. Any density bonus is consistent with the density bonus criteria of the PDO ordinance. F. Any variation of flexibility from zoning standards most similar in function to the proposed Villas of Hidden Valley PDO plan must produce results equal to or better than those achieved by the applicable zoning standard. G. 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 Future Vision 2030 Comprehensive Plan The proposed Villas of Hidden Valley preliminary plat and PDO plan are consistent with the low density residential land use designation as shown on the Future Land Use Map in the current Future Vision 2030 Comprehensive Plan. Below is an excerpt from the Future Land Use Map. Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 3 of 31 Future Land Use Map Future Vision 2030 —Comprehensive Plan Legend O City Boundary ROW LINES CG Major Roads 20301and Use LAND—USE Agricultural u Rural Residential Low Density Residential Med Density Residential - High Density Residential Mixed Use - commercial - Industrial - Transition Planning Area - Perks/Private Open Space _ Golf Course Mississippi River Future Land Use Map from Future Vision 2030 Comprehensive Plan, March 2011 The proposed preliminary plat and the land use map from the City's Future Vision 2030 Compre- hensive Plan are consistent in the following ways: • The Future Land Use Map in the Future Vision 2030 Comprehensive Plan identifies the future land use development of the applicant's property for low density residential land uses. The de- veloper is proposing detached single-family lots for the property, which is consistent with the City's Future Vision 2030 Comprehensive Plan. • Trail and sidewalk connections are proposed and acceptable to the City. • The proposed private street is consistent with City standards if approved as a private street by the City Council. • Management of the site's stormwater for rate and water quality is conceptually correct if approved by the City Council to be placed on adjoining City owned land with financial compensa- tion by the developer. • 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 rezoning from R-2, Residential Estate District, to R-5, Medium Density Residential District, with a Planned Development Overlay (PDO) application includes a prelimi- nary plat application to subdivide the 4.76 -acre site into 19 single-family lots for detached single- family houses. Planning Staff Report —Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 4of31 The performance standards for the R-4 and R-5 zoning districts is summarized/compared in the table below. This table also includes the R-2.5 District and description of the applicant's planned development overlay standards. The R-2.5 District is the zoning classification for the existing single-family neighborhood in the adjoining residential neighborhood east of the project site. The developer's proposed PDO standards for the Villas of Hidden Valley PDO plan is listed in the far right column: Comprehensive Plan The future land use in the City's Future Vision 2030 Comprehensive Plan for the proposed Villas of Hidden Valley project and the surrounding residential neighborhoods is low density residential. The "low density residential" land use designation provides for one to four units per acre of land. The net density for the proposed Villas of Hidden Valley is approximately 3.99 units per gross land area. The applicant's proposal to subdivide this property into 19 residential lots for detached single- family homes is consistent with the low density residential density of the City's Future Land Use map in the City Vision 2030 Comprehensive Plan. The property is in the Metropolitan Urban Service Area (MUSA). City water and sanitary sewer was extended in the northern segment of Harkness Avenue from Hardwood Avenue. The pro- posed development of these 19 lots will utilize city water and sanitary sewer utilities. These utili- ties will be within the 50 -foot wide Harkness Way South right-of-way. Planning Considerations Property Characteristics The 4.76 -acre site currently has a single-family home and a couple smaller accessory structures on the property. The site's topography is moderately rolling with some steeper slopes. The natural drainage generally flows north and to the northeast corner of the property. Trees and brush exist throughout the site and is considered to be moderate -heavily wooded. An aerial photo of the property is shown below. Current R2.5 Current R-4 Current R-5 Proposed PDO Standards Standards Standards Minimum lot area 11,000 sq. ft. minimum 7,500 sq. ft. minimum 7,500 sq. ft. minimum 9,030 sq. ft. average 53.8 feet minimum lot width Minimum lot width 85 feet 60 feet 60 feet at the right-of-way line Minimum house (living 10 feet 7.5 feet 7.5 feet 7.5 feet area) side yard setback Minimum attached garage 10 feet 5 feet 5 feet 7.5 feet side yard setback 25 feet (house) Minimum front yard setback 30 feet 30 feet 30 feet 25 feet (attached garage) Minimum rear yard setback 35 feet 35 feet 35 feet 20 feet minimum Corner lot width 95 feet 70 feet 70 feet 77.9 feet average Minimum side yard setback 20 feet 20 feet 20 feet 20 feet on a corner lot Maximum building height 35 feet 35 feet 35 feet 35 feet Comprehensive Plan The future land use in the City's Future Vision 2030 Comprehensive Plan for the proposed Villas of Hidden Valley project and the surrounding residential neighborhoods is low density residential. The "low density residential" land use designation provides for one to four units per acre of land. The net density for the proposed Villas of Hidden Valley is approximately 3.99 units per gross land area. The applicant's proposal to subdivide this property into 19 residential lots for detached single- family homes is consistent with the low density residential density of the City's Future Land Use map in the City Vision 2030 Comprehensive Plan. The property is in the Metropolitan Urban Service Area (MUSA). City water and sanitary sewer was extended in the northern segment of Harkness Avenue from Hardwood Avenue. The pro- posed development of these 19 lots will utilize city water and sanitary sewer utilities. These utili- ties will be within the 50 -foot wide Harkness Way South right-of-way. Planning Considerations Property Characteristics The 4.76 -acre site currently has a single-family home and a couple smaller accessory structures on the property. The site's topography is moderately rolling with some steeper slopes. The natural drainage generally flows north and to the northeast corner of the property. Trees and brush exist throughout the site and is considered to be moderate -heavily wooded. An aerial photo of the property is shown below. Planning Staff Report —Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 5 of 31 2015 Aerial of Proposed Development Site Density The developer's development plan proposes 3.99 dwelling units per acre (gross density area). The "low density residential" land use designation in the City's Future Vision 2030 Comprehen- sive Plan has a density range of one to four units per acre. Based on this analysis, staff finds the proposed 3.99 units per gross density conforming to the established development policies in the current Comprehensive Plan. Access/Transportation The Villas of Hidden Valley project will require construction of a street east of Harkness Avenue. The preliminary plat proposes to dedicate a 50 -foot wide right-of-way for the proposed construc- tion of a private street named Harkness Way South. The Subdivision Ordinance requires a 60 - foot minimum right-of-way width; although a lesser right-of-way width may be permitted only as a part of a planned unit development and approval by the City Council. Access to each residential lot is proposed to be from the private 28 -foot wide street (from face -of - curb to face -of -curb) that will be centered within the 50 -foot wide right-of-way. Center islands were required to be platted as an "outlot" on other residential projects and landscaped with the homeowners association owning and required to maintain the center island. A center island at the east end of this private street is not proposed because the cul-de-sac radius right-of-way is 50 feet instead of the typical 60 foot radius right-of-way. The City Engineer and Public Works De- partment have accepted this street design because it is proposed to be a private street that will Planning Staff Report —Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 6 of 31 be maintained and repaired by the proposed homeowners association for this project. The con- crete curb and gutter will be a D428 design. This private street is approximately 440 feet in length. The maximum street length allowed by the Subdivision Ordinance is 600 feet. There is no plan to extend this street farther to the east. The proposed street name "Harkness Way South" for this private street is acceptable by the Public Works, Police Division, Fire Division, Building Division, and Administration with the addition of the word "South" to the street suffix. Proposed One -level Home Construction Mike Rygh Homes proposes to construct new one -level houses within this 19 -lot subdivision. The houses on the south side of Harkness Way will not have basements and the houses at the end of the cul-de-sac and north side of Harkness Way will have walk -out basements. Because the average lot width within this project is 53.8 feet, the developer requested that the minimum side yard setbacks for the living area and attached garage be five feet. With a narrower side yard setback, some lots might permit the opportunity for an attached three car garage. City staff informed the developer that a five-foot minimum side yard setback would not be supported and is recommending a 7.5 -foot minimum side yard setback. The minimum side yard setback for attached garages in the R-5 District is five feet. With the requested PDO zoning overlay, the min- imum setback for all yards can be specified on the PDO Plan. The developer is also proposing a 25 -foot minimum front yard setback, whereby the R-5 District require a 30 -foot minimum front yard setback. Both zoning districts require a 35 -foot minimum rear yard setback. The developer's site plan (dated February 15, 2017) shows the corner of the living area of the houses on Lots 8 and 12 as having approximately a 32 -foot and 30 -foot rear yard setback, respectively. The potential of a three- or four -season porch addition on the back of the houses for Lots 3, 4, 5, 7, 8, 10, 12, and 13 will appear to have a rear yard setback less than 35 feet. Patios and decks are not required to have a 35 -foot minimum rear yard setback. If the PDO Plan for this project is approved by the City Council, conditions approving this plan should acknowledge these varying front, side, and rear yard setbacks. City ordinance also states that a rear yard should provide at least 20 feet of usable feet in the rear yard. Lots 12 and 13 will have a two-tier retaining wall that will be very close (approximately 5 to 12 feet) from any deck or enclosed porch that might be on the back of the house. The PDO Plan should acknowledge that the rear yard area for these two lots might not have as much rear yard space as compared to the other lots within this development. Drainage swales between the re- taining wall and dwellings will also raise some questions if those areas in the rear yards are useable. Illustrations of varying architectural designs for the one -level dwellings proposed by the developer are shown on the next page. Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 7 of 31 151.100LOWS by CUSTOM ONE HOMES E l E V O T I O n 0 Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 8 of 31 h` MEOWS 67 CUSTOM OR UOMfS f L f 4 o T I O U b November 14, 201 bUUOBLOWS by CUSTOM OUt f1OMfS f L f V it T 1011 D Navanber 14, M6 Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 9 of 31 1 •' 6 I ■03 OWSM :fitfwy '' 9 I� 16 � �� ■ ,� NOM y f■ ; \` -- ~ -LWM _i IF � = R HN . I lid � DflVID Clf5TOA1 OUL CflflRltZ _ - „°MEs DfSIC11S - — bUROOLOWS by • Ont tIOMES OPT. PORCH DECK 144 SF 2235F - I SACS �� W �, ,, _ -.. .... MAN LEVEL: -. 1%4 SF SUM fOOTHI (MUNIOMS La+ID W&. mo so. n.60i'M LEM - IM SO.ff..EC IGL*001.1 696 SO.R. 110RAOE - G A R A G IY6 SO.Ff MAVIEEVEE 497 SO.". GARAGE - ----- 472 SF 2n SO.Ff. DECK IN M.R. 4SWOH PORCH 69 Sq. FT. FtOHf S100P I4AD fOit 114461 SQ H. Il.EIIEO f01ALSTOOP 69SF 151.1110OLOWS by CUSTOM 011E flOMES Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 10 of 31 These new houses are proposed to have a finished base floor area of approximately 2,056 square feet (1,584 square foot main level and a 472 square foot attached two car garage). The front stoop will add approximately 69 square feet. If there is a three- or four -season porch, that would add approximately 144 square feet, and a deck would add approximately 223 square feet. Homes with a walk -out basement will have approximately 1,495 square feet in the lower level. Homeowners Association A homeowners association (HOA) will be created for the Villas of Hidden Valley. This HOA will be responsible for all the yard maintenance on each lot, and snow removal on sidewalks, driveways, and the private Harkness Way. The HOA will also be responsible for maintaining, repairing, and/or replacing the concrete curb and gutter and the private street. The water, sanitary sewer, and storm sewer utilities beneath the roadway and within drainage and utility easements will be the City's responsibility for maintenance and/or repair. The declaration of covenants for this HOA will also include private regulations regarding parking, exterior storage, exterior building materials/colors, landscaping improvements, etc. Tree Mitigation and Landscaping In addition to one yard tree for each street frontage (one tree per street frontage for corner lots), four additional 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 10-5-1(7)). These addi- tional trees and shrubs are typically planted by the homeowner once the final grade on their lot is completed, and they have determined how they plan to landscape their yard. The boulevard/ yard trees and the additional trees are not applied to tree mitigation requirements. The Landscape Plan dated February 15, 2017 shows a mix of 120 tree species proposed to be planted along the project's Harkness Avenue frontage, along the south property boundary line, and on the city -owned property north of the project site. The applicant's tree inventory shows 132 existing trees on the 4.76 acres of land. Twenty existing trees are proposed to be protected and nine existing trees are proposed to be transplanted on the city -owned land or on the project site. City regulations allow for up to 40 percent of the total number of trees on the project site to be removed without mitigation. Forty percent of the 132 existing trees on the applicant's property equals 53 trees that can be removed without mitigation. Subtracting the 53 trees from 132 equal 79 trees requiring mitigation. Of these 79 trees, eight trees are specimen trees (trunk diameter greater than 30 inches), which require additional tree mitigation. If Category B is used for mitiga- tion, then the required number of trees for mitigation is summarized below: No. of Trees Requiring Category B Mitigation Total No. of Trees Mitigation 71 trees 2 trees per tree loss 142 8 specimen trees 6 trees per each specimen tree loss 48 190 trees required for mitigation The applicant's landscape plan dated February 15, 2017 proposes the planting of 120 trees; 18 of the 120 trees are boulevard/yard trees, which are not used for mitigation. For this reason, 102 trees proposed to be planted for mitigation is subtracted from the 190 required trees for mitigation and equals a deficit of 88 trees needed to satisfy the minimum tree mitigation requirements. Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 11 of 31 Based on a $325 cost per tree, a cash payment of $28,600 to the City for tree mitigation is re- quired. This cost does not include the cost of planting a boulevard/yard tree for each lot (two trees for each corner lot). The City Forester has not yet reviewed the proposed tree species or location for the 36 trees on the stormwater basin (city -owned property) north of the project site or the ten trees within the Harkness Avenue right-of-way. The developer is required to comply with the City Forester's rec- ommendations for tree species and location of these tree plantings. The Villas of Hidden Valley landscaping plan is shown below. FAQL Clf. Ecr:CH fit i I -41 SYH 01Y. OESMP110N is AU3I0IAN PPE 17 REO PPE 76 MACK 5PRL;C- _ 0 8 dAPA4E5E MAC 13 SPRIG 5NOY' CRABAPPLE (`1,7. 17 RIVER 81RCII ( 2917 NG9DIV10005 Mq_e ,r 6 s RE:tS0NV IINGE4 4 PRNRE CASCADE `'LLOW 9 reAwCFLANrc-D Ex. SMI;Ce • 0 80 NORTH Villas of Hidden Valley Proposed Landscaping Plan Sidewalk and Trails A sidewalk is proposed on the east side of Harkness Avenue South, extending from Hardwood Avenue South to the southwest corner of the project site. This sidewalk is required to be con- structed of concrete and a minimum of six feet in width. The developer is proposing to construct a bituminous trail eight feet in width from the existing bi- tuminous trail along the east side Hardwood Avenue. This trail extends approximately 210 feet east of Hardwood Avenue on city -owned land. The developer is responsible for constructing and paying the costs for this trail and benches. At the east end of this trail, a sitting area comprised of a couple benches is proposed. Along the east side of the Villas of Hidden Valley subdivision is a 20 -foot wide corridor that is owned by the City. This corridor was deeded to the City in the 1990s with the development of the Hidden Valley neighborhood. At that time, this 20 -foot wide corridor was proposed to be a pedes- Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 12 of 31 trian walkway connecting Oakwood Park and the open space beneath the electric transmission line. The location of the 20 -foot wide corridor in relationship with the proposed Villas of Hidden Valley project is shown below. j I 1 L 73RD ST S COTTAGE GROVE TRAILWAY CORRIDOR HARD'WC+--D PARKWAY Proposed Villas of 111 E� Roy 6 Hidden Valley Site 11 hrUUEN VALICy .'LEY Oakwood ;Z' Park_. City Owned Walkway Corridor I N 'I� o O -- 74TH ST S - I N, ---_. NINTOH 1 R PCN This corridor was walked by the developer and several city staff members in January 2017 to de- termine the best location of connecting a public access across the proposed Villas of Hidden Valley site. Because of the existing slopes and placement of Harkness Way and the 19 lots within the project, the idea of making a trail connection through the Villas of Hidden Valley site was abandoned. The City's Parks and Recreation Director has decided that constructing a trail within this existing 20 -foot wide corridor is not warranted at this time. The City will retain ownership of this 20 -foot wide corridor and will still be available as public access for anyone walking it. Most of this corridor is delineated by a chain-link fence along the west side of the corridor, but the fence is non- existent at the north end of the corridor. Brush and invasive plant species at the north end of the corridor makes it very difficult to reach Hidden Valley Park (electric transmission line corridor). A photo of the 20 -foot wide public corridor located west of the Hidden Valley Court cul-de-sac is shown below. 7711U STS - %j - NU STRLES I HIDDEN V�.LLE'r '.OTTAGE GROVE CO PARK ;� HIDDENj TRAILWAY CORRIDOR VALLEYFARK i I \,OEN VALLEY TER S Proposed Villas of 111 E� Roy 6 Hidden Valley Site 11 hrUUEN VALICy .'LEY Oakwood ;Z' Park_. City Owned Walkway Corridor I N 'I� o O -- 74TH ST S - I N, ---_. NINTOH 1 R PCN This corridor was walked by the developer and several city staff members in January 2017 to de- termine the best location of connecting a public access across the proposed Villas of Hidden Valley site. Because of the existing slopes and placement of Harkness Way and the 19 lots within the project, the idea of making a trail connection through the Villas of Hidden Valley site was abandoned. The City's Parks and Recreation Director has decided that constructing a trail within this existing 20 -foot wide corridor is not warranted at this time. The City will retain ownership of this 20 -foot wide corridor and will still be available as public access for anyone walking it. Most of this corridor is delineated by a chain-link fence along the west side of the corridor, but the fence is non- existent at the north end of the corridor. Brush and invasive plant species at the north end of the corridor makes it very difficult to reach Hidden Valley Park (electric transmission line corridor). A photo of the 20 -foot wide public corridor located west of the Hidden Valley Court cul-de-sac is shown below. Planning Staff Report —Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 13 of 31 Looking North of the 20 -foot wide Public Corridor Park Land and Public Open Space No land is required to be deeded to the City for the development of the Villas of Hidden Valley project. The developer is responsible for constructing a bituminous walkway eight feet wide from Hardwood Avenue to an overlook that will have two benches. An illustration of this proposed trail is shown below. PARK BENCH TRAL Proposed Bituminous Trail {and Two Park Benches I h LI //�� -- j '- � �---SPRUCE IG:E:i, •• Location of the Proposed Bituminous Trail and Park Benches Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 14 of 31 Park/open space boundary markers are required to be placed along the north and east boundary lines for the Villas of Hidden Valley project. The location and number of boundary markers will be determined by the City's Parks and Recreation Director. The developer is required to pick up these boundary markers from Cottage Grove Public Works and is responsible for the installation and cost of these boundary markers. The park fee in lieu of land dedication for this project is $64,600. No credit is given for the cost of constructing the bituminous trail and two park benches. Utilities The City's trunk sanitary sewer and water systems exist along the 330 feet frontage along Hark- ness Avenue. Both of these city utilities will be extended within the 50 -foot wide private street right-of-way to serve all 19 lots in the Villas of Hidden Valley project. The City Engineer and Public Works Department is permitting the developer to construct storm - water basins on City owned -land located north of the Villas of Hidden Valley project. These pre- treatment and infiltration basins are designed to handle all the stormwater runoff created by the developing Villas of Hidden Valley project before eventually overflowing into the existing regional stormwater system. Both basins will generally be dry during dry periods of the year. The develop- er is providing financial compensation as part of the development agreement for construction of stormwater basins. Proposed Stormwater Basins As a condition to the recommendation approving this project, the City easement to the developer which will allow the developer, its contractors the following rights to the regional stormwater basin located on City -owned will grant a permanent agents, and servants to property: Planning Staff Report —Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 15 of 31 a) to enter upon the Property at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of this Easement; and b) to maintain the Property, any Developer improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and c) to remove from the Property trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the pipes, conduits, or mains and to deposit earthen material in and upon the Property; and d) to remove or otherwise dispose of all earth or other material excavated from the Property as the Developer may deem appropriate. The City Engineer reported that all existing public utility services in this area are adequately sized to serve this and other properties within the West Draw area. Grading and Retaining Wall As with all new development projects, site grading is necessary to provide on-site stormwater de- tention, 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. Grading this 4.76 -acre site will require the removal of all existing vegetation. A two-tiered retaining wall will be constructed approximately 330 feet along the south property boundary line. An illustration showing the location of all retaining walls and a cross-section of the retaining wall along the south side of the property is depicted below. I� H1^f?' t. t.F ?TH a Up IT Iii it /it{� 875 675 I 850 850 / ---------- , 825 825 OD Wall Cross Retaining -Section 0 ( 4 foot height) Proposed Retaining Wall Illustration Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 16 of 31 Area Charges and Development Fees Calculating area charges and related development fees for this project will be based on the acre- ages shown on the final plat. These fees and charges will be accurately adjusted based on the final plat layout and described in the development agreement. Because most of the stormwater basins are located offsite of the Villas of Hidden Valley project, the developer is required to pay additional fees for the stormwater facility fees. This additional cost for off-site stormwater ponding would not have been required had the developer graded the stormwater basins on the project's site. By providing stormwater ponding off-site, the developer is able to plat the proposed 19 resi- dential lots. The off-site stormwater ponding fee is $24,600.00 and will be collected at the time the develop- ment agreement is fully executed by the City and developer. Public Hearing Notices Public hearing notices were mailed on February 16, 2017, to 40 property owners who are within 500 feet of the proposed subdivision, and published in the South Washington County Bulletin on February 15, 2017. Neighborhood Meeting On January 25, 2017, the developer held an informational meeting at City Hall. Property owners within 500 feet of the project site were invited to attend. Nine citizens attended the meeting. General support for the residential project was expressed, but concerns for removing all the existing trees, increased traffic on local streets, and undesired views of the project from neighboring properties was noted. Neighboring rural estate landowners objected to the proposed urban density next to rural acreage lots. A privacy fence along the south side of the proposed Villas of Hidden Valley project was of- fered by the developer to mitigate some of the project's visual impact. Potential impacts to the underlying root zone for existing trees along the common boundary line was also a concern. The developer agreed to meet with the neighboring property owner south of the project site to see if planting a few trees on their property would help mitigate their concerns. Objection was also expressed for removing trees on the City -owned land north of the project site to allow the developer to grade stormwater basins on City -owned land. The developer offered to plant additional trees on the City -owned land to mitigate the backyard views of the new homes proposed in the Villas of Hidden Valley project. The pond design changed since the neighborhood meeting in an effort to save more trees. Other neighboring property owners objected to a trail connection along the east side of the project site and any future improvements to the existing 20 -foot wide trail corridor that connects to Oakwood Park. Their objection was primarily based on the idea that pedestrians walking on a trail within this 20 -foot wide corridor will adversely impact adjoining property owners' backyard privacy. In general, most agreed that the proposed one -level house design and proposed values for this type of housing is needed in Cottage Grove. Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 17 of 31 The City received an email message from Mark Angelo, 7399 73rd Street, dated February 2, 2017. This email message was forwarded to the Planning Commission and City Council members as requested by Mr. Angelo. A copy of this email message is attached. Proposed Development Variations with City Ordinances The proposed Villas of Hidden Valley Planned Development Overlay Plan (PDO) would rezone 4.76 acres of land currently zoned R-2, Residential Estate, to some other residential zoning classification that will permit more urban density. The current Future Land Use map in the adopted Future Vision 2030 Comprehensive Plan designates this 4.76 -acre parcel as a "low density residential" land use. The low density residential land use designation is described as having urban densities that are one to four units per acre. The R-2 zoning classification is inconsistent with the low density residential land use designation because the R-2 District minimum lot area requirement is 1.5 acres and urban utility services are generally not provided for acreage parcels. The overall plat layout and PDO Plan will require variations to development standards as required in the R-5 zoning districts. The request to rezone the property from R-2 to R-5 will be consistent with the development densities identified in the City's Comprehensive Plan, but will be different than the development standards (e.g. lot sizes, lot widths, minimum front yard, and side yard setbacks) of other neighboring urban residential neighborhoods and the requested R-5 Districts. Summary The developer is requesting the City's approval to rezone property at 7275 Harkness Avenue South from R-2, Residential Estate District to R-5, Medium Density Residential District, with a Planned Development Overlay (PDO) and plat the 4.76 -acre parcel into 19 lots for detached single-family houses. The PDO zoning designation is an overlay zoning classification intended to promote creative and efficient use of land. This is accomplished by providing flexibility in the design of land development than is presently possible through the strict interpretation of conven- tional zoning and land division ordinances. City ordinance does stipulate that a PDO plan should be compatible with the established and proposed surrounding land uses and should accrue benefits to the City and the general public in terms of need, convenience and service to justify any necessary exceptions to the zoning and subdivision ordinance regulations. For the Villas of Hidden Valley project, the City must accept the following variations to the devel- opment standards in order to approve the Villa of Hidden Valley PDO Plan. These variations are summarized below: • Street right-of-way width reduced from 60 feet to 50 feet. • Center island in the cul-de-sac is not required and cul-de-sac radius is reduced from a 60 -foot minimum radius to a 50 -foot radius. • Stormwater ponding created on the 4.76 -acre project site is stored off-site on property owned by the City. Planning Staff Report —Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 18 of 31 • Reduce the 60 -foot minimum lot width for lots with frontage on the cul-de-sac radius to 33.5 feet. • Allow patios/decks and three- or four -season porches to be less than the 30 -foot minimum rear yard setback requirement. • Allow the principal structures (living area of dwelling) to be 30 feet from rear lot line. • Reduce the six-foot minimum side yard setback for driveways and parking pads to five feet. • Reduce the 30 -foot minimum front yard setback to 25 feet. • Reduce the 60 -foot minimum lot width to an average of 53.8 feet. Project benefits to the City and general public are: • Private street. • Yards and driveways are maintained under a homeowners association. • Minimum side yard setback for all structures is 7.5 feet. • One-story rambler house designs. • The 9,030 average lot area within the project is greater than the 7,500 square foot minimum lot area in the or R-5 Districts. • Park improvements (bituminous trail and two benches) will be constructed by the developer without cost to the City. • Housing style and homeowner association design for maintenance are lacking in the commu- nity. The project meets the City's goal of housing diversity for all people. Planning staff was asked to provide examples of other residential projects that generally provide housing alternatives that typically targets senior housing. The only existing residential neighbor- hood that provides detached one -level single-family homes is in the Mississippi Dunes Estates subdivision. This project is located in the 6600 to 6800 block of 99th Street (northwest of the Hadley Avenue and 100th Street intersection). There are two other one -level unit developments that are not characteristic to the Villas of Hidden Valley project because they are multiple units attached. One is the Auburn Woods project located west of Hinton Avenue and south of the Hidden Valley single-family neighborhood. This project consists of four attached one-story condo units. The other project is in the Pine Arbor Planned Unit Development (PUD) where twin -homes are one-story units (most have a walkout lower level). These twin -homes are located northwest of Hinton Avenue and 70th Street. An aerial photo and short summary of each of these projects are shown below. Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 19 of 31 Mississippi Dunes • Public streets • 20 units detached single-family patio homes • 12 twinhouses • 102 two story townhouses • 29.7 acres of land = 4.51 units per acre • Planned Unit Development (PUD) Dete Patio Homes Auburn Woods • Private streets • 88 units on 14.7 acres of land = 6 units per acre • R-5 District • Four -units attached quad -houses Lllj I ached Townhouses Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 20 of 31 Pine Arbor • Public streets • 302 units • Planned Unit Development (PUD) • 64 one-story twinhouse units Nine 4 — 6 unit one-story townhouses Sixteen 6 — 12 attached units two-story townhouses Neighborhood commercial uses E Recommendation Options Attached Town ousel. Back-to-back Townhouse Harkness Avenue Alternative Land Use The Harkness Avenue corridor between in the 7200 to 7703 block of Hardwood Avenue was part of the West Draw Study Area Alternative Urban Areawide Review (AUAR) prepared and adopted in 1997. At that time, the Harkness Avenue corridor was described as a unique area in the com- munity because of the significant oak forest, woodlands, and varying topography along the Harkness Avenue corridor. Because of the large contiguous tracts of oak forest, woodland, and significant natural features, this area was considered as high importance for wildlife habitat. In the 1992 Comprehensive Plan, the West Draw Planning Area was described as having several different zoning alternatives for the West Draw in order to preserve the rugged character of the area and to provide executive home sites. At that time, the vision for areas with natural amenities neighboring urban development was requiring minimum lot areas in the West Draw of 15,000 to 20,000 square feet, even though those lots would be connected to municipal sanitary sewer and water systems. Because of the uniqueness and environmental characteristics in the West Draw, overall density in those areas designated for low-density residential development was to be limited to two dwelling units per acre. Clustering dwelling units would be encouraged or even re- quired to preserve environmentally sensitive areas. The rural land use designation for this area along Harkness Avenue in the West Draw continued to be represented in the 1992, 2000, and the current Comprehensive Plans. The Community Development Director has inquired with a consultant about exploring opportunities to re -guide about 55 acres of land along the Harkness Avenue corridor from low Planning Staff Report —Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 21 of 31 denisty residential to medium density residential or high density residential land uses. Because the City is currently working to amend/update the Future Vision 2030 Comprehensive Plan, it was suggested that a small area plan for the Harkness Avenue corridor study area be developed. Concept plans and depictions of a variety of housing product types that can be supported by a feasibility analysis could then be incorporated in the proposed 2040 Comprehensive Plan. Villas of Hidden Valley Project The criteria for amending the Zoning Ordinance is as follows: • Must comply with the Comprehensive Plan • Must not impede orderly development • Must not endanger, injure, detrimentally impact surrounding properties The City's current Comprehensive Plan guides this property as low density residential. The rate of growth that Cottage Grove has experienced in the last 10 years since the previous Comprehen- sive Plan was approved supports guiding and rezoning this area to a higher density than was originally planned. The Comprehensive Plan is currently being studied and revisions are expected by early 2018. Part of that discussion includes re -guiding this property to a higher density. The application before you precedes the Comprehensive Plan revisions, but in order to be consistent with the anticipated changes to the Plan, this property is ripe for rezoning to the higher density now. The contingency is that the Comprehensive Plan must be changed to be consistent with the zoning. Changing the zoning does not impede orderly development of the community and will not endan- ger, injure, or detrimentally impact surrounding properties. It will in fact be more complementary of the surrounding properties and be an overall better design for the development of this area. Recommendation That the Planning Commission determines that the Villas of Hidden Valley Planned Development Overlay Plan is consistent with the goals and policies in the Future Vision 2030 Comprehensive Plan and the project's varying development standards are consistent with the general intent of the City's zoning and subdivision regulations, and recommends to the City Council approval of the following planning applications subject to the conditions listed below: A. Zoning amendment to rezone the property at 7275 Harkness Avenue from R-2, Residential Estate, to R-5, Medium Density Residential District with a Planned Development Overlay (PDO). B. The Villas of Hidden Valley Planned Development Overlay Plan. C. The Villas of Hidden Valley preliminary plat dated February 15, 2017, as proposed by Mike Rygh Homes for the development of 19 lots for detached single-family residential homes, subject to the following conditions: Conditions of Approval 1. The developer and builders must comply with all city ordinances and policies, except as modified in the Villas of Hidden Valley Planned Development Overlay Plan. Planning Staff Report —Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 22 of 31 2. 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 Water- shed District, Minnesota Department of Health and the Minnesota Pollution Control Agency. 3. 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 in- cluded in the development agreement between Mike Rygh Homes and the City of Cottage Grove. 4. The developer must enter into an agreement with the City of Cottage Grove for the com- pletion of the public improvements required by City ordinances. Once the development 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. 5. The final 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 over- flow swales must be identified on the grading and erosion control plan. 6. The City Engineer is authorized to prepare a feasibility report for the construction of all public improvements within Villas of Hidden Valley. 7. 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 des- ignated for preservation, a crushed -rock construction entrance, and construction -related vehicle parking. 8. 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. 9. 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. 10. The developer is responsible for the cost and installation of public land boundary markers at the corners of private properties abutting Outlots B and C in Hidden Valley 7th Addition. The boundary markers are $115 per marker and are to be picked up at the Cottage Grove Public Works facility. The boundary markers must be installed before a building permit is issued for the lot that abuts the recommended marker location. The actual number of park boundary markers will be determined by the City's Parks and Recreation Director. 11. 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. Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 23 of 31 12. All setbacks shall be consistent with the approved Villas of Hidden Valley Planned Devel- opment Overlay Plan dated February 15, 2017. 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 gar- age must be a minimum of 25 feet. The minimum side yard setback for both the living area and attached garage is 7.5 feet. The minimum rear yard setback is 30 feet and maximum building height is 35 feet. The minimum rear yard setback for any deck, patio, or three or four season porch is 20 feet. 13. The homeowners association (HOA) shall be responsible for all maintenance, repair, re- placement, removal, etc. of any and all landscaping amenities that are placed within the Villas of Hidden Valley subdivision and within the street right-of-way. If a subdivision mon- uments exists, the monument must be placed on private property and maintained by the HOA. All monument signs must comply with the City's Sign Ordinance. 14. An underground sprinkling system is required to be installed by the developer for each of the 19 lots in the Villas of Hidden Valley subdivision. The developer and Homeowners Association shall hold the City harmless of any damage to the irrigation system within the Harkness Way South right-of-way. 15. 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. The drainage easement in the rear yard of Lots 17 through 19 must be enlarged to encompass all the drainage area leaving one property and onto an adjacent property. A 20 -foot wide drainage and utility easement for the storm sewer proposed between Lot 8 and Lot 9 must be shown on the final plat. 16. The park dedication fee in lieu of land dedication is $64,600.00. Payment of this fee is due to the City once the development agreement between the City and developer is fully executed. 17. The off-site stormwater facility fee is $24,586.00. Payment of this fee is due to the City once the development agreement between the City and developer is fully executed. 18. The developer pays to the City a tree mitigation fee in the amount of $28,600.00. 19. 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 builder must post a letter of credit or escrow for the estimated cost of these trees and shrubs on each lot. 20. A "STOP" sign must be installed at the northeast corner of the Harkness Way South and Harkness Avenue intersection. 21. The applicant must submit private covenants with the final plat application which details the following: Planning Staff Report —Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 24 of 31 • The homeowners association is responsible for all maintenance, repair, replacement, removal, etc. of any and all landscaping amenities that are placed within street right-of- way, the concrete curb and gutter, the private street named Harkness Way South, and monument signs. • If fencing is installed on any lot within the Villas of Hidden Valley subdivision that abuts Harkness Avenue or Outlots B or C in Hidden Valley 7th Addition, said fencing must be constructed of the same design, materials, and color. The fencing must not encroach within the Harkness Avenue right-of-way or Outlots B or C in Hidden Valley 7th Addition. • All signs, mailboxes, and accessory lighting will be uniform in materials and design and be approved as part of the landscape plan. • Turf management in and around the stormwater basin in Outlot B of Hidden Valley 7th Addition 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 the basin to assure property flow of the storm - water 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 asso- ciation shall prepare a maintenance plan and submitted it to the Cottage Grove Public Works for review and approval. • Permanent or temporary access from Harkness Avenue to Lots 1 or 19, Block 1 in Villas of Hidden Valley is prohibited. 27. Irrigation systems installed within City right-of-way (Harkness Avenue) are solely the de- velopers, homeowners 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 replacement of lawn irrigation systems placed in the boulevard as a result of City use of or future changes in the right of way. 28. Street name within Villa of Hidden Valley subdivision shall be labeled as Harkness Way South. 29. No private driveway should have a slope greater than ten percent. 30. Fences, play equipment, swing sets, sand boxes, firewood, kennels, and/or any other ma- terials or obstacles are prohibited from being placed on Outlot B or C in Hidden Valley 7th Addition. 31. All grading, drainage, erosion control, and utilities must conform to the submitted plans dated February 15, 2017. Planning Staff Report —Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 25 of 31 32. 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. 33. 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. 34. 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 sur- veyed to ensure the emergency overflows are properly graded and maintained. 35. A street lighting plan must be submitted by the developer and approved by the City Engi- neer. 36. A letter of credit amounting to 150 percent of the landscaping estimate, street sweeping, paving and curbing, 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. 37. A six-foot wide concrete sidewalk must be constructed on the east side of Harkness Ave- nue, between Hardwood Avenue and the southwest corner of the Villas of Hidden Valley subdivision. 38. 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. 39. Upon completing site grading, four copies of an "As -Built" survey for the site grade eleva- tions must be submitted to the City. An electronic file of the "As -Built" survey must be sub- mitted to the City Engineer. 40. A bituminous wedge shall be maintained on the street until 90 percent of the homes are constructed. 41. The City will provide to the developer the street name plates and pole. The developer must pay the City for the costs of labor and materials for these street name signs before any building permit is issued. 42. The developer must remove all dead and diseased trees, all other debris, and fencing ma- terials that serve no practical use. This work must be completed prior to the issuance of a building permit. 43. 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). 44. 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- Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 26 of 31 way grading has been completed in order to preserve the lot markers for future property owners. 45. 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 de- veloper agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the city administrator. 46. The developer is responsible for all street maintenance, upkeep and repair of curbs, boulevards, sod, and street sweeping until the project is complete. The street 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. If and when the street becomes impassible, such street 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 whatsoever arising out of developer's acts or omissions in performing the obligations imposed upon developer by this paragraph. 47. 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. 48. The developer agrees to furnish to the City a list of contractors being considered for re- tention by the developer for the performance of the work described in the development agreement. 49. 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. 50. 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 development. 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 driveway. 51. Developer will be required to conduct all major activities to construct the public 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 Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 27 of 31 This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Vio- lations of the working hours will result in a $500 fine per occurrence. 52. The developer shall weekly, or more often if required by the City Engineer, clear from the street and property any soil, earth or debris resulting from construction work by the devel- oper or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials shall be properly disposed of off-site and burying construction debris, trees, and other vegetation is prohibited. Burning of trees and structures is prohibited, except for fire training only. 53. 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. 54. Upon acceptance by the City Council, all responsibility for the public 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. 55. 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 ac- ceptance by the City. This request must be accompanied by proof that there are no out- standing 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 compli- ance with the approved construction plans, profiles and specifications, as required by the city ordinance. Upon satisfactory completion of all construction in accordance with the ap- proved 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. 56. 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. 57. 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. 58. No certificate of occupancy will be issued for any home if public utilities, including street lights, and streets have been completed. Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 28 of 31 59. 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 provide an on-site dumpster to contain all construction debris, thereby preventing it from being blown off-site. 60. Adequate portable toilets must be on-site at all times during construction of utilities, road- ways, 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. 61. 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 in- spected and approved by the City. The City may impose additional erosion control re- quirements if it is determined that the methods implemented are insufficient to properly control erosion. 62. 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 deter- mined at the sole discretion of the City, the City may take such action as it deems appro- priate 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. 63. 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. 64. Dust control measures must be in place to prevent dust and erosion, including, but not lim- ited to daily watering, silt fences, and seeding. The City Engineer may impose reasonable measures to reduce dust at the site. 65. The developer shall comply with the 1991 Wetlands Conservation Act, as amended. 66. All the lots platted in Villas of Hidden Valley shall be part of the same homeowners asso- ciation. 67. The developer agrees to sealcoat the private street in the subdivision no later than two years after 17 houses within the subdivision are constructed. 68. It is the developer's responsibility to keep active and up to date the developer's contract and financial surety (e.g. Letter of Credit, etc.). These documents must remain active until the developer has been released from any further obligation by City Council motion received in writing from the City Engineer. Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 29 of 31 69. The developer must provide to the City an irrevocable letter of credit for on-site improve- ments 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 • Mailboxes • 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 specifications 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 improvements, 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 com- pleted, 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. The minimum amount for this financial guarantee will be included in the devel- opment agreement. 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 de- posit 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 ex- Planning Staff Report —Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 30 of 31 penses, 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 and boulevards within the Villas of Hidden Valley subdivision and all areas disturbed on the City -owned Outlot B in Hidden Valley 7th Addition. 73. 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 must be planted and approve the tree species to be planted. The landscape plan must be modified and submitted with the final plat application. 74. The developer shall incorporate the recommendations and requirements in the City Engi- neer's letter dated February 23, 2017. 75. The developer is responsible for the cost and construction of an eight -foot wide asphalt trail and two benches to be located within Outlot B in Hidden Valley 7th Addition. 76. The development standards for the Villas of Hidden Valley Planned Development Overlay (PDO) of the R-5, Medium Density Residential District, are as follows: ■ The minimum front yard setback for the living area of a dwelling and attached garage must not be less than 25 feet. The minimum side yard setback for the living area of the house, attached garage or any accessory structures is 7.5 -feet. ■ 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 required on all four sides of the principal structure. ■ A minimum of 15 percent of the front fagade is covered by brick or stone. The front facade area does not include windows, door areas, or garage doors. ■ The minimum roof pitch for the main roof slope is a 6/12 pitch. ■ Windows, doors and garage doors must have a low or no maintenance trim on all four sides of the dwelling. 77. The Landscape Plan dated February 15, 2017 is subject to the City Forester's approval. 78. The recommendations cited in the City Engineer's memo dated February 23, 2017 must be complied with. Planning Staff Report — Villas of Hidden Valley Planning Case Nos. ZA2017-002 and PP2017-003 February 27, 2017 Page 31 of 31 Prepared by: Attachments: — Site Plan dated Feb. 15, 2017 John McCool, AICP — Preliminary Plat dated Feb. 15, 2017 Senior Planner — Landscape Plan dated Feb. 15, 2017 — Tree Preservation dated Feb. 15, 2017 — Tree Tabulation dated Feb. 15, 2017 — Utility Plan dated Feb. 15, 2017 — Grading, Drainage, Erosion Control Plan dated Feb. 15, 2017 — Alternative Retaining Wall dated Feb. 13, 2017 — Building Elevations — Mark Angelo's email message dated Feb. 2, 2017 — City Engineer's memo dated Feb. 23, 2017 } Q � W m J J O J Z o O = s o N W W ti W E w = mor O0 U W �� Y 0 Q � � m J O � • Q O = s o N • J W E w = Ci a w _ o N rN m 6 m g a o m v J H o � 0 E• � � m J O � • Q O = s o N • J W E = Ci a w _ o N rN m 6 m g a o m v 0 N E• � oC • O � • Q O = s o • Q g • J N } W f• � U "' oC • Z � Zas O O ZN W u. 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ZIS \¢ / tq W N >aN 0: Q o 02 O p W m LL COD Dw = Z S Y�v —� •� LLG goW • 1 OQ m y ��~ 8 m a a k-- LU J WLI ED um, J m Q V o N oOm C) O awed u La LL N K W pa w } CoC,• J • lo , L Wt I 1 I 1\ 1,'fW-f3'-v�� 1 \\ � \�\ 1`t\, � ��., � 6, �.di _- � .-/ / T• �' / � � to I Q, /1 I m - 3•-•--•--•— ��I�II�J�� 11 1 111 l l I I_ Yu'� L m II a-' A�LLm J 11 i , I ri I \„\\, � 1111 I I !6;- ,'y = ___m__r �N(� •r / - -, ->�+_ X11,v1vt1At i 11'11v, m? mom” � I�r n3 i� - I83� W 3 I � � I ; �I1 y ro ^Y CQ /(� s t FO aF 0 1 w---------------820., - - _- Ulp _ O 9'1 K O O O O O O O 9'099 O 1d L o n • Zb'S58 _ Z'999 17, • E • l LL ', b9'9e9 O 9'1 K O O O O O O O O L o n • _ _ 17, • E • l LL From: Mark Angelo[mailto:markangelo7399@gmail.com] Sent: Thursday, February 02, 2017 4:46 PM To: Kathy Dennis Subject: Proposed Hidden Valley Villas Good afternoon, I am writing to you in regards to the proposed Hidden Valley Villas development near Hardwood and Harkness Avenues. I live at 7399 73rd Street South, on the other side of the City park from that proposed development. When I received the notice about that proposed development in the mail I was not opposed to the project as I realize that Cottage Grove has a need for more "single level living" type of homes. However, after receiving more details about the development at the informational meeting at City Hall I have some concerns about the proj ect. The plans that were presented at the informational meeting showed two stormwater ponds that will be constructed as part of the development. I understand the purpose of the ponds and that they are required for the project. I object though that the ponds are proposed to be constructed in the City Park. I object that the City Park would be used for the benefit of a private party and I believe that the ponds should be constructed on the developers property. If the proposed ponds were "regional" ponds to serve an entire neighborhood then I could understand using the City park, for the ponds but these proposed ponds are solely for this development and for the benefit of the developer. I think it would be a bad precedent to set to allow a developer to use City property for his personal gain. Other reasons that I am opposed to the location of the proposed ponds include: 1. Construction of the ponds will require the removal of many mature pine trees in the park. The developer will also be removing 103 of the 151 trees on the developers property, I don't believe the City should allow removal of more mature trees from the City park for these ponds. 2. The City just recently ( about 2 years ago) planted native grasses and wildflowers in the park including in the area of the proposed ponds. It takes a couple of years for native vegetation to bloom after planting. The native vegetation bloomed nicely during the summer of 2016 and it would be a shame to remove it after this monetary and time investment. 3. The ponds will be a perpetual maintenance issue. The ponds will need to be dredged every 10 years or so to restore the sediment removal capacity. This will be on City property and at the cost of the City. If the ponds were on the developers property he would have to perform this maintenance. 4. Ponds are a safety hazard and I believe the City should try to avoid having this hazard and liability on City property. 5. The developer indicated at the meeting that he was going to construct a trail in the Park for the City in return for permission to construct the ponds in the Park. I -do not believe this is a fair trade in terms of cost equality. The developer will need fill for his development and thus the material excavated from the ponds will be used in construction of the development. If the ponds were not excavated in the park then fill would likely be required to be imported from off-site. The cost of the trail materials is relatively small in comparison to the savings that the developer will incur by building the ponds in the park, plus the City will be responsible for the long-term maintenance of the trail. For these reasons I am opposed to the proposed development. I would not be opposed if the ponds were constructed on his own property. I'd like to thank you for your attention to this matter. If you have any questions please feel free to contact me at: phone: 651-304-7730 email: MarkAnaelo7399na@gmail.com Have a great day!! Mark A. Angelo, PE, PMP, VMA 651-304-7-730 -- - - - ---- - - - - Cottage J Grove here Pride and PrOSperity Meet To: Mike Rygh, Mike Rygh Homes, Inc. From: Jennifer Levitt, PE, Community Development Director/City Engineer Ryan Burfeind, PE, Assistant City Engineer Date: February 23, 2017 Re: Villas of Hidden Valley Plan Review Comments This memo summarizes the review of the Villas of Hidden Valley preliminary plat and civil plans dated February 15, 2017 by Landform. Preliminary Plat Comments: 1. Drainage easements should be expanded to include all areas where drainage leaves a property and goes onto an adjacent property. Drainage swales in Lots 17 - 19 are not currently in a drainage easement. 2. Provide a minimum of a 20' wide easement for the storm sewer proposed between lot 8 and lot 9. Preliminary Grading Plan Comments: 3. If the proposed retaining walls are over 48" in height they will need to be designed by a structural engineer. 4. Please provide the locations on the grading plan of all Emergency Overflows (EOFs). This includes ponding areas as well as overland flows. For overland flows, a minimum of 1 foot between the overland overflow elevation and the low entry of the adjacent structure must be maintained. It appears lots 8, 9, 10, and 11 do not satisfy this requirement. 5. The development should be re -graded to allow offsite water to pass through the site and not pond in the southeast corner on the development and adjacent properties, to avoid potential flooding issues and maintain existing conditions. Infiltration Basins A & B will need to be adjusted if necessary to maintain rate control requirements. 6. As the offsite water drainage swale in Lots 9, 10, and 11 will be more concentrated than existing conditions, the discharge into the City pond will need to be armored to prevent erosion on the slope. Preliminary Street Comments: 7. Curb & gutter should be surmountable D-428. Villas of Hidden Valley Plan Review Comments February 23, 2017 Page 2 8. The developer will be required to install residential street lights along Harkness Way (three are currently estimated). 9. Verify that the minimum residential road width is proposed at 28' from face of curb to face of curb. Preliminary Utility Comments: 10. Verify that the proposed 6" water main has sufficient capacity for the development. An 8" DIP water main has been stubbed into the property from Harkness Avenue South. 11. CBMH 102 & CBMH 201 will need to include 3' sumps. Landscaaina Plan Comments 12. Per the City Forester, boulevard trees should include 8 single stem river birch (Lots 7- 14), and 11 red oak (Lots 1-6 & 15-19). Stormwater Management Comments: 13. Please provide storm sewer design calculations that satisfy the City's requirement to design for the 5 -year storm using the rational method. 14. Please provide calculations for City records showing the development is meeting the water quality requirements for post -development reductions for Total Suspended Solids (80%) and Total Phosphorus (50%). 15. Please provide the calculations that meet the MPCA's requirement for 48 hour drawdown time for the infiltration basins. 16. What devices are being used to prevent floatables such as debris and oils from entering the infiltration basin? 17. For the existing and proposed conditions HydroCAD model time of concentrations, no more than 300 feet of sheet flow should be used. After 300 of sheet flow, a shallow concentrated flow should be used. Please adjust drainage area 4S and any other drainage areas that this is applicable to reflect this. 18. For the proposed conditions HydroCAD model, it appears pond 3P is being routed to 2P. When looking at the proposed drainage map, it appears infiltration basin 3P is discharging directly to the City's regional pond. Please update the model to reflect this. 19. Please update the rate control tables to reflect the changes to the HydroCAD models.