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HomeMy WebLinkAbout11A Bailey Woods – Preliminary Plat CITY OF COTTAGE GROVE CITY COUNCIL RESOLUTION NO. 2019-XXX RESOLUTION APPROVING THE PRELIMINARY PLAT NAMED BAILEY WOODS WHEREAS, Pulte Homes has applied for a preliminary plat to be called Bailey Woods, which will consist of 41 residential lots for single-family homes and one outlot, on property legally described as: East half of the Southeast Quarter of the Northwest Quarter (E1/2 of SE1/4 of NW1/4) of Section Six (6), Township Twenty-seven (27) North, Range Twenty-one (21) West of the Fourth Principal Meridian. Washington County, Minnesota. WHEREAS, Pulte Homes also applied for a zoning amendment to change the zoning of the property from R-2.5, Residential, to R-3, Single Family Residential with a Planned Develop- ment Overlay (PDO); and WHEREAS, public hearing notices were mailed to surrounding property owners within 500 feet of the proposed development site and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held the public hearing on this application on January 28, 2019; and WHEREAS, the public hearing was open for public testimony and testimony from the appli- cant and the public was received and entered into the public record; and WHEREAS, the Planning Commission unanimously (6-to-0 vote) recommended approval of the preliminary plat to be called Bailey Woods, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the preliminary plat to be called Bailey Woods, which creates 41 residential lots for single-family homes and one outlot on property legally de- scribed above. The approval of the preliminary plat is subject to the following conditions: General Development 1. The developer and builders must comply with all city ordinances and policies except as may be modified by agreement of the developer and City staff. 2. All grading, drainage, erosion control, and utilities must conform to the final plans approved by the City Engineer. 3. The applicant receives appropriate building permits from the City, and permits or approvals from other regulatory agencies including, but not limited to: South Wash- ington Watershed District, Minnesota Department of Health, Minnesota Department of Natural Resources, and Minnesota Pollution Control Agency. City of Cottage Grove City Council Resolution No. 2019-XXX Page 2 of 11 4. The Developer shall incorporate into the final plat the recommendations, require- ments, and evaluations noted in the Bolton & Menk memorandum dated June 17, 2019, subject to modifications that are agreed to by the developer and City Engineer. 5. Construction of the berm and berm landscaping along 65th Street will be completed during grading of the site. The developer is required to maintain the landscape plant- ings on the berm until such time irrigation has been installed within Lots 1 through 10 of Block 4. 6. Irrigation is required to be installed throughout Lots 1 through 10, Block 4 to maintain properties to the rear property lines. 7. Maintenance of the berm and berm landscaping abutting Lots 1 through 10, Block 4 per the approved landscape plan is the responsibility of the property owner, along with mowing and maintenance to the back of the curb within the 65th Street right- of-way. 8. All conditions of the 65th Street assessment waiver must be addressed at time of sale of the property and prior to the recording of a final plat. 9. The developer shall install a sidewalk connection to the Highland Hills neighborhood existing sidewalk along Highland Hills Boulevard. 10. Lot 1, Block 1 and Lot 1, Block 2 must provide turf maintenance to the edge of the trail. Platting, Land Dedication, and Easements 11. The preliminary plat will be contingent upon rezoning of the property from R-2.5, Residential District, to R-3, Single-Family Residential with a PDO, Planned Devel- opment Overlay. 12. The final plat and the City’s approval of the final plat are subject to additional condi- tions that will be listed in the City resolution approving the final plat and included in the development agreement. 13. 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. 14. Lots 1 through 10, Block 4, require a 30-foot front yard setback. 15. The final plat must be recorded with the Washington County Recorder’s Office be- fore any building permit can be issued. 16. The developer must enter into an agreement with the City of Cottage Grove for the completion of the public improvements required by City ordinances. Once the de- velopment 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. City of Cottage Grove City Council Resolution No. 2019-XXX Page 3 of 11 17. Common mailboxes meeting the approval of the local postmaster are required. 18. The developer must record, against Lots 1 through 10, Block 4, Bailey Woods (all lots abutting 65th Street), a restrictive covenant requiring each property owner to maintain the vegetation that abuts their respective property to the back of the curb at 65th Street, which includes the berm and 65th Street right-of-way on the south side of the trail. Further, the restrictive covenant must provide notice to the property owner that the City will enforce the conditions of the covenants and failure of a prop- erty owner to comply with the conditions will allow the City to abate the violation and assess the property owner. The covenant shall be required to be recorded prior to the issuance of any building permit for Lots 1 through 10, Block 4. Construction and Grading 19. A grading permit and financial guaranty is required for grading activity related to the project. 20. Prior to Council review of the final plat, the developer must submit for staff review and approval a final construction management plan that includes erosion control measures, project phasing for grading work, areas designated for preservation, a crushed-rock construction entrance, and construction-related vehicle parking. All emergency overflow swales must be identified on the grading and erosion control plan. 21. 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. 22. 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 Plan- ning Handbook” and the conditions stipulated in Title 11-6-12, Erosion Control During Construction of the City’s Subdivision Ordinance. 23. Upon completing site grading, four copies of an “As-Built” survey for the site grade elevations must be submitted to the City. An electronic file of the “As-Built” survey must be submitted to the City Engineer. Lot Performance Standards 24. The architectural standards of the homes shall be consistent with the following: a. The minimum finished floor area for a single-family rambler is 1,500 square feet and 1,700 square feet for all other single-family designs. b. The minimum attached garage floor area shall be 440 square feet for detached single-family dwellings and for each attached dwelling unit. c. Architectural design is required on all four sides of the principal structure. City of Cottage Grove City Council Resolution No. 2019-XXX Page 4 of 11 d. The minimum roof pitch for the main roof slope is a 6/12 pitch. e. Porches on the front of the dwelling must extend a minimum of six feet from the principle structure. f. 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. g. Windows, doors, and garage doors must have a low or no maintenance trim on all four sides of the dwelling. h. Architectural materials must be varying on the front façade of the principle structure (shakes, board and batten, accent siding, shutters, window boxes, etc.). 25. Additional home styles and floorplans that meet the intent of the PDO may be offered subject to administrative review and approval from City staff. 26. If fencing is installed along 65th Street, it must be constructed of the same design, materials, and color and placed on the house side of the buffer earth-berm located in the rear yard of those lots in Block 4. Utilities 27. The Developer is responsible for providing the necessary easements and costs as- sociated with road and utility improvements serving the site. 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. 28. The water utility plan shall conform to the City’s water supply and distribution plan. 29. The sanitary sewer utility plan shall conform to the City’s sanitary sewer compre- hensive plan. 30. All stormwater designs shall meet the intent of the City’s Surface Water Manage- ment Plan and the SWWD water management plan. 31. 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). 32. The Developer is responsible for installation of a temporary cul-de-sac to be in- stalled at the Highland Hills Lane stub at the westerly property line to provide for emergency turnaround within an easement agreement with the Posavad’s. Utilities must be stubbed into the easement secured from the Posavad’s at the westerly property line (end of Highland Hills Lane). City of Cottage Grove City Council Resolution No. 2019-XXX Page 5 of 11 Streets 33. Direct drive access to the 65th Street right-of way from abutting lots within the sub- division shall be prohibited. 34. The street name shall be Highland Hills Curve on the final plat. 35. The City’s curb replacement policy must be complied with during home building. A bituminous wedge shall be maintained on the street until 90 percent of the homes are constructed in any phase or in three years. 36. Temporary use of the existing field access to the site in the southwest corner may be utilized during grading, utility installation, and streets with any approved permit required by Washington County. The field access must be removed upon comple- tion of site grading, utility installation, and street construction with approval of any required Washington County permits. 37. The curb at the existing field access shall be removed and replaced with high back curb during removal of the field access. Landscaping and Irrigation 38. In addition to one boulevard tree for each lot having street frontage (two boulevard trees for corner lots), four yard trees and ten shrubs must be planted on each resi- dential 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. 39. Irrigation systems installed within City right-of-way are solely the responsibility and risk of the developers, or individual. 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. 40. At the time of building permits for single family residential lots, a letter of credit amounting to 150 percent of the landscaping estimate and irrigation systems shall be submitted to and approved by the City. Upon completion of the landscaping im- provements, the owner shall, in writing, inform the City that said improvements have been completed. The City shall retain the financial guarantee covering the land- scape 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. Surface Water Management 41. The lowest opening ground elevations of all structures shall be a minimum of two feet above the emergency overflow elevation, and three feet above adjacent pond high water levels. 42. 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 City of Cottage Grove City Council Resolution No. 2019-XXX Page 6 of 11 be surveyed to ensure the emergency overflows are properly graded and main- tained. Onsite Infrastructure Improvements 43. A street lighting plan must be submitted by the developer and approved by the City Engineer. 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-way grading has been completed in order to preserve the lot markers for future property owners. 45. The developer is responsible for the cost and installation of public land boundary markers at the corners of private properties abutting Outlot A. The boundary mark- ers 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 once the final boundary configuration for Outlot A are determined. 46. The developer shall contact the electric, telephone, gas, and cable companies that are authorized to provide service to the property to ascertain whether any of those utility providers intend to install underground lines within the development. 47. The developer is responsible for all street maintenance; upkeep and repair of curbs, boulevards, and sod; and street sweeping until the project is complete. All streets must be maintained free of debris and soil until the subdivision is completed. 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. 48. The developer will provide to the City copies of test results, suppliers, subcontrac- tors, etc., relating to the work to be performed by the developer. 49. The developer agrees to furnish to the City a list of contractors being considered for retention by the developer for the performance of the work described in the devel- opment agreement. 50. 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. 51. Developer is responsible to require each builder within the development to provide a rock 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 City of Cottage Grove City Council Resolution No. 2019-XXX Page 7 of 11 that property. See City Standard Plate ERO-12 for construction requirements. The water service line and shut-off valve shall not be located in the driveway. 52. Developer will be required to conduct all major activities to construct the public improvements during the following hours of operation: Monday through Friday 7:00 A.M. to 7:00 P.M. Saturday 9:00 A.M. to 5:00 P.M. Sunday Not Allowed This does not apply to activities that are required on a 24-hour basis such as de- watering or bi pass pumping, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence. 53. The developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth, or debris resulting from con- struction work by the developer or its agents or assigns. All debris, including brush, vegetation, trees, and demolition materials, shall be properly disposed of off-site; burying construction debris, trees, and other vegetation is prohibited. Burning of trees and structures is prohibited, except for fire training only. 54. The Developer grants the City, its agents, employees, officers, and contractors per- mission to enter the site to perform all necessary work and/or inspections during grading and the installation of public improvements by the developer. 55. Upon acceptance of the public improvements by the City Council, all responsibility for the improvements must be assumed by the City, except that the developer is subject to a one-year warranty on the construction of the improvements from the time of acceptance by the City of all public improvements. 56. The City will not have any responsibility with respect to any street or other public improvements unless the street or other public improvements have been formally accepted by the City. Upon completion of the improvements, the Developer may request, in writing, their acceptance by the City. This request must be accompanied by proof that there are no outstanding judgments or liens against the land upon which the public improvements are located. Upon the City’s receipt of a written re- quest for acceptance from the Developer, the City Engineer will conduct a final in- spection of the public improvements and will furnish a written list of any deficiencies noted. The City Engineer will base the inspection on compliance with the approved construction plans, profiles and specifications, as required by the city ordinance. Upon satisfactory completion of all construction in accordance with the approved plans, profiles, and specifications, as certified by a registered engineer in the State of Minnesota, and receipt of reproducible record drawings and satisfactory test re- sults, 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. City of Cottage Grove City Council Resolution No. 2019-XXX Page 8 of 11 57. 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. 58. 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. 59. Notwithstanding any other provision of this resolution to the contrary, the City will issue building permits for up to two (2) model homes on lots acceptable to the City upon Developer’s compliance with the following requirements: a. Approval of a building plan and survey by the Chief Building Official. b. Presence of a paved road within three hundred feet (300’) and presence of a fire hydrant within one thousand feet (1,000’) of the model home(s). c. An unobstructed gravel surface road extension from a paved street surface to the proposed model home’s driveway. d. No certificate of occupancy for such model homes shall be issued until all typical requirements for such issuance have been met. e. Final plat has been recorded. f. The Developer acknowledges in the development agreement that prior to the construction of the improvements, site conditions, access to paved roads, and fire hydrants will be sub-standard and will not be optimized until the improve- ments are completed. To the fullest extent permitted by law, Developer agrees to indemnify the City, its officers, employees, agents and others acting on its behalf and to hold them harmless and defend and protect them (with counsel of the City’s choosing) from and against any and all loss, damage, liability, cost, and expense, specifically including attorneys’ fees and other costs and expenses of defense, which result from, or otherwise arise in connection with any actions, claims or proceedings of any sort caused by or arising from the construction or use of the model homes by Developer or its contractors, employees, agents, or assigns, prior to the improvements being completed. Such claims shall include, but not be limited to, claims that the model homes could not be accessed properly or in a timely manner by fire equipment and/or police or emergency vehicles due to road or site conditions or claims based on lack of proximity to fire hydrants or lack of adequate fire protection. Although indemnification shall cease for claims arising after the improvements are completed and accepted, indemni- fication obligations for claims arising prior to the completion of the Improvements shall survive the termination of the agreement. City of Cottage Grove City Council Resolution No. 2019-XXX Page 9 of 11 60. No additional building permits beyond the model permits will be issued until such time as adequate public utilities, including streetlights and streets, have been in- stalled and determined to be available to use. The City will require that the utilities, lighting, and street system have been constructed and considered operational prior to issuance of any building permits in the development. Also, the City must have all the necessary right-of-way and/or easements needed for the property to be serviced. 61. 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. 62. Adequate portable toilets must be on-site at all times during construction of utilities, roadways, and houses. At no time shall any house under construction be more than 250 feet away from any portable toilet. Toilets must be regularly emptied. 63. After the site is rough graded, but before any utility construction commences or building permits are issued, the erosion control plan shall be implemented by the developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. 64. 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 emer- gency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately. The City will notify the de- veloper 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. 65. 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. 66. Dust control measures must be in place to prevent dust and erosion, including, but not limited to daily watering, silt fences, and seeding. The City Engineer may impose reasonable measures to reduce dust at the site. 67. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended. City of Cottage Grove City Council Resolution No. 2019-XXX Page 10 of 11 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 re- main active until the developer has been released from any further obligation by City Council motion received in writing from the City Engineer. 69. The Developer must provide to the City an irrevocable letter of credit for on-site improvements to ensure that the developer will construct or install and pay for the following: a. Paved streets b. Concrete curb and gutter c. Streetlights d. Water system (trunk and lateral) and water house service stubs e. Sanitary sewer system (trunk and lateral) and sanitary house service stubs f. Storm sewer system g. Streets h. Shaping and sodding drainage ways and emergency overflows in accordance with the drainage development plan approved by the City Engineer i. Adjust and repair new and existing utilities j. Trails and sidewalks k. Erosion control, site grading and ponding l. Surveying and staking m. Park and open space boundary markers n. Landscaping o. These improvements are all in conformance with City approved plans and spec- ifications and will be installed at the sole expense of the developer in conform- ance with City Code Title 10, Chapter 5. p. 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 re- quired public improvements are not completed, or terms of the Development Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw City of Cottage Grove City Council Resolution No. 2019-XXX Page 11 of 11 down the security without prior notice for any default of the development agree- ment. The minimum amount for this financial guarantee will be included in the development agreement. 70. The Developer must post a cash escrow with the City’s Finance Director to cover engineering, legal, and administrative costs incurred by the City. If this non-interest bearing account balance becomes deficient, the Developer must deposit additional funds. This must be done before final bonding obligations are complete. This escrow amount will be included in the development agreement. 71. The Developer must post a cash escrow with the City’s Finance Director to cover engineering costs and other City services, expenses, and materials provided in re- viewing and processing of the final plat, including but not limited to staff time, legal expenses, office and field inspections, general inspections, and all other city staff services performed. This escrow amount will be included in the development agreement. 72. The Developer is responsible for establishing the final grades, topsoil, and seeding of all the residential lots and boulevards within the subdivision. The developer and/or builder is responsible for planting the one boulevard tree per lot and a second boule- vard tree on the corner side lot for corner lots after homes are constructed. The City Forester will mark the location where the boulevard tree must be planted and ap- prove the tree species to be planted. The final landscape plan must be coordinated with the City Forester. Passed this 17th day of July 2019. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk