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HomeMy WebLinkAbout07N Summers Landing 2nd Addition – Approval of Final Plat, Development Agreement, and Related Easement Agreements CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2018-012 RESOLUTION APPROVING THE FINAL PLAT NAMED SUMMERS LANDING 2NDADDITION, THE DEVELOPERS AGREEMENT AND DEVELOPMENT RELATED EASEMENTS RELATED TO THE PLAT WHEREAS, Summergate Companies have applied for a final plat to develop a single- family residential subdivision named Summers Landing 2nd Addition (the “Subdivision”). The Subdivision plat is the second of six proposed development phases for the Summers Landing neighborhood and consists of 91 lots for single-family homes and 9 outlots for common areas (Outlots A to I) and one outlot (Outlot J) for future development. The Subdivision is located on property legally described as: Outlot G, Summers Landing, according to the recorded plat thereof, Washington County, Minnesota WHEREAS, the Planning Commission held the public hearing for the rezoning, prelimi- nary plat, and a rezoning from AG-1, Agricultural Preservation Zoning District, to R-3, Single Family Residential Zoning District, with a Planned Development Overlay (PDO) for the proposed Summers Landing subdivision on February 22, 2016; and WHEREAS, the Planning Commission unanimously recommended approval of the prelimi- nary plat, and rezoning from AG-1, Agricultural Preservation Zoning District, to R-3, Single Family Residential Zoning District, with a Planned Development Overlay (PDO) for the proposed Summers Landing subdivision on February 22, 2016, subject to certain conditions; and WHEREAS, the City Council subsequently accepted the Planning Commission's recom- mendations and approved the preliminary plat (Resolution No. 2016-053) on March 16, 2016; and WHEREAS, the City Council adopted Ordinance No. 959 on March 16, 2016, which rezoned approximately 160 acres of land from AG-1, Agricultural Preservation, to R-3, Single Family Resi- dential District, with a Planned Development Overlay (PDO) District; and WHEREAS, on June 21, 2017, the City Council approved a concept plan to modify the Planned Development Overlay for the Summers Landing subdivision to allow the phased platting for detached single family homes including lot widths ranging from 55 to 75 feet (Resolution 2017- 085); and WHEREAS, City staff found the Subdivision final plat substantially consistent with the approved preliminary plat, Planned Development Overlay (PDO) plan, and approved concept plan; and WHEREAS, the Developer, Property Owner, and City have entered into a development agreement for the Subdivision (“Development Agreement”). City of Cottage Grove, Minnesota City Council Resolution 2018-012 Page 2 of 6 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the final plat for a single-family resi- dential subdivision plat named ”Summers Landing Second Addition” the Development Agree- ment, and the development related easements set forth as exhibits to the Development Agreement. The Subdivision final plat is the second of six proposed phases for the Summers Landing single-family residential neighborhood, and this phase consists of 91 lots for single- family homes and 9 outlots for common area (Outlots A to I) and one outlot (Outlot J) for future development, located on the property legally described above. Approval of this final plat is subject to the following conditions: 1. The Developer and builders must comply with all City ordinances and policies. 2. The Developer must abide by the conditions stipulated in Resolution No. 2016-053, which approved the Summers Landing preliminary plat, and Resolution No. 2017- 085, which approved the Concept Plan, except as hereafter modified. 3. All utility, drainage, and development construction must conform to the plan set dated 12/04/2017 as approved by the City Council on 01/03/2018 or as modified by the City Engineer in writing. 4. The Developer may start rough grading of the lots before the plat is filed, if a Minne- sota Pollution Control Agency (MPCA) Construction Storm Water Permit has been issued and the City has been furnished with a cash escrow or letter of credit in the minimum amount specified in the approved development agreement. 5. Development of this project must comply with the grading and erosion control plans as approved by the City Engineer. 6. The grading escrow identified in the Development Agreement will not be released until the temporary hold down area identified on the 2017 grading plan is brought into conformance with the sewer serviceable house pad elevations and street grades identified on the 2016 grading plan approved as a component of the preliminary plat. 7. The City will supply the street light poles and luminaries. The Developer will pay the City for street light poles and street light luminaries. 8. The City agrees to review and consider the final wear course paving along certain roadway segments in advance of other roadways depending on the location of the roadway segment. The wear course/final lift of all streets in the subdivision must be completed within three years from the date all other public improvements are ac- cepted by the City or when 90 percent of the houses have received a certificate of occupancy, whichever is sooner. 9. After the site is rough graded, but before any utility construction commences or build- ing permits are issued, the erosion control plan shall be implemented by the Devel- City of Cottage Grove, Minnesota City Council Resolution 2018-012 Page 3 of 6 oper and inspected and approved by the City. The City may impose additional ero- sion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. 10. The final plat and declaration of private covenants must be recorded with the Wash- ington County Recorder’s Office before any building permit can be issued. 11. Before final financial guarantees are released, a certificate signed by a registered engineer must be provided. This certificate will state that all final lot and building grades are in conformance to the grading and drainage development plan(s) approved by the City Engineer. 12. Residential lots designated to have a boundary marker(s) must have the marker(s) installed before a Certificate of Occupancy can be issued for the house on that par- ticular residential lot. For lots constructed between and November 1 and May 1, a Certificate of Occupancy can be issued and the escrow retained until installation of the markers is confirmed. 13. All monument signs must comply with the City’s Sign Ordinance, must be placed on private property, and must be under the control of the HOA. 14. Park dedication shall be addressed as stipulated within the Development Agreement. 15. The applicant must submit private covenants for lots in the Subdivision and located south of the linear park prior to recording the final plat, which details the following:  Minimum roof pitch must be a 6:12 ratio.  Porches on the front of the dwelling must extend a minimum of six feet from the principal structure.  The front façade of the garage shall not extend greater than six feet beyond the front plane of the principal structure or attached front porch on non-select lots. Garage forward designs between 6 and 13 feet may be allowed on select lots if approved architectural treatments are used in the construction of the home.  Residential garage doors must have raised panels or similar design features.  Once a house plan is approved for a given lot, no identical house plan may be constructed on the five lots surrounding it, i.e., the lots adjacent on either side, the lot most directly across the street, and the lots adjacent to the lot most directly across the street.  The front elevation of two-story homes must include a minimum of 100 square feet of coverage of brick or stone material(s). City of Cottage Grove, Minnesota City Council Resolution 2018-012 Page 4 of 6  The front elevation of split level homes must include a minimum of 85 square feet of coverage of brick or stone material(s).  The front elevation of single level homes must include a minimum of 70 square feet of coverage of brick or stone material(s). 16. All residences must be part of a homeowners association. 17. Each lot in the subdivision shall have four (4) additional trees and ten (10) shrubs installed prior to the issuance of a certificate of occupancy. 18. Maintenance is required for all common outlots, landscaping, fencing, irrigation, and group mailboxes. 19. Snow removal is required as detailed in the Development Agreement. 20. The applicant must submit private covenants for lots in the Subdivision and located north of the linear park prior to recording the final plat, which details the following:  Minimum roof pitch must be a 6:12 ratio.  The front façade of the garage shall not extend greater than six feet beyond the front plane of the finished living area or attached front porch/covered stoop on lots next to each other. Garage-forward designs between 6 and 13 feet may be allowed on up to 33 percent of the select lots (not adjacent to each other) if: Garage doors have windows or other decorative feature.  The addition of a garage sidewall window, door, or varied siding materials  (stone/brick/trim/returns) consistent with and enhancing the overall front ele- vation architectural design are included.  Residential garage doors must have raised panels or similar design features.  Twenty percent of the front home elevation facing a public street must be brick or stone.  Once a house plan is approved for a given lot, no identical house plan may be constructed on the five lots surrounding it, i.e., the lots adjacent on either side, the lot most directly across the street, and the lots adjacent to the lot most directly across the street. 21. All residences must be part of the homeowners association. 22. Each lot in the subdivision shall have four (4) trees and ten (10) shrubs installed prior to the issuance of a certificate of occupancy. A category B tree fee can be paid to the City of Cottage Grove, Minnesota City Council Resolution 2018-012 Page 5 of 6 City’s public landscape initiative fund in substitution for each required tree unable to be planted on a developing lot. 23. Maintenance is required for all common outlots, landscaping, fencing, irrigation, and group mailboxes. 24. Snow removal is required as detailed in the development agreement. 25. The home builder for each lot shall post a letter of credit or cash escrow to the City for the estimated cost of the required park boundary markers, boulevard tree, yard trees, and shrubs on each lot. 26. The homeowners association (HOA) covenants for the Subdivision shall include a provision that if the HOA defaults on payment of property taxes for any land they own and the property becomes tax-forfeited property with the City obtaining ownership, the City will bill annually each landowner within the entire Subdivision, the cost to maintain the forfeited parcels and all property taxes due thereon. 27. All mailboxes and location of mailboxes must comply with the U.S. Post Office guide- lines and regulations. Mailboxes placed at the curb shall all be the same design and color. 28. Turf management in and around the stormwater basin in Outlot E of the Subdivision will be performed by the City about twice per year. Weed control might occur by the City once per year and the area will not be fertilized. The City will remove general debris and regularly trim, monitor and remove tree saplings in Outlot E of the subdi- vision. The City will periodically inspect the basin to assure proper flow for 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 HOA desires more regular mainte- nance and intends to manage the ground cover or that it be irrigated, the HOA shall prepare a maintenance plan for how they intend to manage and finance the additional maintenance of that area and submit it to Cottage Grove Public Works for review and approval. 29. Prior to the release of the final sureties for the Subdivision final plat, tree mitigation for trees removed above the allowable development percentage permitted by ordi- nance shall be planted within the recorded lots or outlots of the Summers Landing PDO. A cash mitigation fee of $350 per tree shall be paid to the City’s public land- scaping initiative fund for all trees removed during grading and not mitigated within actively developing phase. 30. Tree mitigation species shall be consistent with the City’s preferred tree list and shall be planted in a manner that prevents canopy conflicts/crowding of mature trees and utilities. City of Cottage Grove, Minnesota City Council Resolution 2018-012 Page 6 of 6 31. The landscaping plan shall be modified to remove all maple trees within the subdivi- sion and replace with a species consistent with the City’s preferred tree list. 32. Temporary easements for all utilities and the temporary cul-de-sac outside of the current plat (92nd Street and 93rd Street west of Mississippi Dunes Boulevard, 91st Cove west of the plat, and 91st Street west of the plat) must be recorded prior to the award of the public infrastructure project. 33. The Applicant’s engineer should address all of the comments in Stantec’s grading review letter dated December 12, 2017. 34. The existing drainage and utility easement in Outlot A and Outlot B shall be depicted on the final plat with the document number referenced. 35. Outlot E shall be dedicated to the City for public stormwater management purposes. 36. To satisfy a portion of the park dedication requirements for the six phases of the Summers Landing neighborhood, Outlot D shall be dedicated to the City for park and open space purposes. 37. The developer shall be responsible for the construction costs of an 8-foot wide bituminous recreation trail. Passed this 17th day of January 2018. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk