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HomeMy WebLinkAbout2020-10-26 PACKET 06.3. STAFF REPORT CASE: ZA20-047 & PP20-048 ITEM: 6.3 PUBLIC MEETING DATE: 10/26/20 TENTATIVE COUNCIL REVIEW DATE: 11/18/20 APPLICATION APPLICANT: Donnay Homes REQUEST: A zoning amendment to change the zoning from R-5, Medium Density Residential, to R-5, Medium Density Residential with a PUD, Planned Unit Development; and a preliminary plat to be called Glacial Valley Estates that will consist of 100 townhome units. SITE DATA LOCATION: 9930 Military Road South and 6630 Keats Avenue South ZONING: R-5, Medium Density Residential GUIDED LAND USE: Medium Density Residential LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Agricultural Medium Density Residential EAST: Agricultural Commercial SOUTH: Historic Property Commercial WEST: Agricultural Low Density Residential SIZE: 18.95 acres DENSITY: 10.29 Net Units Per Acre RECOMMENDATION Approval, subject to the conditions stipulated in this staff report. COTTAGE GROVE PLANNING DIVISION Planning Staff Contact: Emily Schmitz, Senior Planner; 651-458-2874; eschmitz@cottagegrovemn.gov Application Accepted: 10/1/20 60-Day Review Deadline: 11/30/20 City of Cottage Grove Planning Division  12800 Ravine Parkway South  Cottage Grove, MN 55016 Planning Staff Report Glacial Valley Estates Planning Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Proposal Donnay Homes is requesting approval for a zoning amendment and preliminary plat on 18.95 acres of land located north of Military Road corridor and just west of Keats Avenue. The current zoning of the parcel is R-5, Medium Density; the Developer is proposing a zoning change to R-5, Medium Density Residential, with a PUD, Planned Unit Development, allowing for flexibility in development requirements. The plat for this residential subdivision is proposed to be called Glacial Valley Estates and will consist of 100 units of townhome products. Location Map Review Schedule Application Received: October 1, 2020 Application Accepted: October 1, 2020 Planning Commission Meeting: October 26, 2020 60-Day Review Deadline: December 30, 2019 Tentative City Council Meeting: November 18, 2020 Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 2 of 23 Background History In August of 2018, a land use amendment, a zoning amendment, and a preliminary and final plat were approved for a proposed duplex development on the Bloomquist properties (9930 Military Road and 6630 Keats Avenue) for 44 units, which was called Stoneybrooke Villas. At the time, the 2030 Comprehensive Plan designated these parcels for high and medium residential land use. The market conditions at the time had not supported high density residential development, therefore, the Developer requested a land use amendment to guide both parcels for medium den- sity. The proposed amendment worked well with the surrounding low-density residential uses in the area and continues to be guided in the 2040 Comprehensive Plan as medium density residential. The property was not sold at that time given the Developer was unable to finance the project. The Stoneybrooke project was not completed with the approvals in 2018. Donnay Homes purchased the properties in 2020 and the previous resolutions for the Stoneybrooke project were rescinded in 2020. Site Conditions The 18.95-acre site is made up of two separate parcels, as indicated below: Existing Property Owners/Conditions Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 3 of 23 The 18.95 gross acres at 9930 Military Road and 6630 Keats Avenue are made up of two prop- erties, both of which are currently farmland with two residential dwellings in total, as well as several farm structures in the southeast and northeast corners. The site abuts the under-construction Woodward Ponds development to the west, the Eastridge Woods development to the south, and the Knutson tree farm to the north. Planning Considerations Plan Review The dates of the plan set utilized for this review were submitted by Pioneer Engineering and are dated September 24, 2020. Conformance to the East Ravine Master Plan The proposed Glacial Valley Estates preliminary plat is located within Neighborhood One North of the East Ravine Master Plan. The Plan indicates this area, in the north portion of Neighborhood One near Cedarhurst Mansion, to be focused for medium and high density residential and to align with the proposed commercial node at 70th Street and Keats Avenue. Land Use and Zoning The property is guided for Medium Density Residential in the recently approved 2040 Compre- hensive Plan. No changes in land use are proposed with this development. The property is currently zoned R-5, Medium Density. The requested rezoning from R-5, Medium Density Residential, to R-5, Medium Density Residential with a PUD, would be in accordance with the long-term growth plan for these parcels. Medium Density Residential allows for 5 to 13 units per acre density; the proposal indicates 10.29 net acres/unit. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 4 of 23 The proposed preliminary plat and the land use map from the City’s Future Vision 2040 Comprehen- sive Plan are consistent in the following ways:  The Future Land Use Map in the Future Vision 2040 Comprehensive Plan identifies the future land use development of the applicant’s property for medium density residential land uses. The Developer is proposing attached four-plex buildings and lots for the property, which is consistent with the City’s Future Vision 2040 Comprehensive Plan.  Trail and sidewalk connections are proposed and acceptable to the City.  The proposed private streets are consistent with City standards, if approved by the City Council.  The proposed preliminary plat and grading plan are consistent with the medium density residen- tial land use designation for this area. Preliminary Plat The preliminary plat, as proposed, depicts a logical development of a viable property given the adopted performance standards of the zoning district. The proposed plat consists of 100 units, which equates to a density of 10.29 net units per acre, aligning with the Comprehensive Plan guidance of 5 to 13 units per acre. Preliminary Site Plan Neighborhood Meeting The Developer (Donnay Homes) held a neighborhood meeting on October 6, 2020. Notice of the neighborhood meeting was sent to surrounding property owners within 500 feet of the project area. The intent of the meeting was to give neighboring property owners the opportunity to ask questions and present concerns they might have to the Developer in the early planning stages of the proposed project. No residents attended the meeting nor have comments been received. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 5 of 23 Zoning Development Standards The development performance standards of the requested zoning district classifications are detailed below. Lot Development Performance Standards Proposed Glacial Valley Estates Zoning R-5/PUD Standard R-5 Minimum lot width 60 feet 45 feet Minimum side yard setback House 7.5 feet 7.5 feet Minimum front yard setback 30 feet 25 feet Corner lot setback 20 feet 20 feet Maximum Principal structure height 35 feet 35 feet Maximum lot coverage - Impervious Surfaces 40 percent 48 percent The proposed 25-foot front yard setback would allow for a layout of the quad unit buildings that provide for the required additional buffer area between Keats Avenue as well as along the Military Trail Corridor. This proposed layout also allows for additional open and green space within the development and reduces the amount of impervious surface within the development as a whole. The proposed minimum performance standards align with the approved Woodward Ponds devel- opment to the west. City ordinance requires a 75-foot landscaped buffer to be provided along Keats Avenue, which the Developer has proposed on their submitted plans. As a part of the PUD staff has permitted the proposed patios of the buildings facing Keats Avenue to extend within that buffer, understanding the proposed landscape will continue to provide the intended buffer along the major roadway. The Developer’s proposed impervious surface on the site is slightly greater than the permitted 40 percent, although, given the provided additional buffer area along Keats Avenue and along the Military Trail Corridor, the development will have sufficient green and open space. Homeowners Association A homeowners association (HOA) will be created for the Glacial Valley Estates development. This HOA will be responsible for all yard maintenance on each lot and outlot and snow removal on sidewalks, driveways, and the private driveways. The water, sanitary sewer, and public storm sewer utilities beneath the roadways and within drainage and utility easements will be the City’s responsibility for maintenance and/or repair. All private storm infrastructure will be the responsi- bility of the HOA for repair and maintenance. The HOA will be responsible for maintenance and repair of all private drives within the development. The declaration of covenants for this HOA will also include private regulations regarding parking, exterior storage, landscaping improvements, etc. All phases of the project must be in the same HOA. Transportation Access to the development is proposed off Keats Avenue as well as through the Woodward Ponds development to the west. The proposed Keats Avenue access is a County approved access as it meets their access management plan. The Developer will be required to secure all Washington County required permits for work within the County ROW including the installation of a right turn lane on Keats into the proposed development. This access will extend through the development and connect through to the Woodward Ponds development to the west. The additional access Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 6 of 23 onto Keats Avenue will help shift traffic currently utilizing the Eastridge Woods development to go north/south to now utilize the extended Jody Avenue to connect to Keats Avenue to travel north or south. The Developer has proposed a public street extending north from Jody Avenue to the property line between the Knutson Tree Farm and the development (Jorgensen Avenue). This road segment is proposed to be consistent with the City’s street standards and will be constructed as a 28-foot face-to-face with a required 60-foot right-of-way to be platted. A temporary cul-de-sac is required for turn around purposes per public safety at the north property line for fire and emer- gency uses to allow for emergency vehicle turnround, given there is only one outlet for this street. Access to each residential lot is proposed to be from private streets a minimum of 22 feet wide (from face-of-curb to face-of-curb). These private streets will be owned, maintained, and repaired by the proposed homeowner’s association for this project. No parking on either side of the private streets shall be permitted and theses streets will be required to be signed appropriately. Street Names All assessment waiver conditions from the Ravine Parkway assessment have been paid. Parking The City’s Zoning Code requires no less than two parking spaces provided per unit within a multi- family development. The proposed plan provides two spaces per unit within the driveway access- ing each unit. Driveways are proposed at 23.5 feet in length from the building front to the back of curb allowing for the parking of a standard vehicle without impacting the private drive. Additional parking is also required for multi-family developments at 1.5 spaces per 10 dwelling units. This equates to 15 parking spaces required as guest parking for the proposed 100 dwelling units. The Developer has proposed 27 spaces, thus meeting the City’s Zoning Code standard. No Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 7 of 23 parking on either side of the private streets shall be permitted, and the Developer shall be respon- sible for posting no parking signs on those private streets. Trails and Sidewalks The Developer has proposed a sidewalk along one side of Jody Avenue as well as Jorgensen Avenue through the development. The Developer is proposing a sidewalk connection from the Jody Avenue sidewalk in the southwest corner of the site to the Military Trail Corridor. This side- walk connection would extend from the west side of the first private drive in the southwest corner. The provided 16-foot right-of-way along Jorgensen Avenue within the development also allows for a sidewalk on the east side providing pedestrian connections throughout the development and future development to the north. The Developer will construct the trail connection within the Keats Avenue right-of-way. This trail will extend from the Military Trail Corridor to the north end of the proposed development site. The remaining Military Trail construction between Ravine Parkway and Keats Avenue was com- pleted as a part of the Woodward Ponds development currently under construction. The Devel- oper provided this construction as a part of Woodward Ponds; therefore, no additional trail construction to make that connection is required as a part of Glacial Valley Estates. Proposed Sidewalk and Trail Connections Stormwater Management Plan Storm sewer will be extended from streets within the development to the stormwater basin along the west side of the development. The proposed basin would be combined with the proposed basin within the Woodward Ponds development. The outlot was not platted as a part of the Woodward Ponds First Addition, and therefore, would be required to be platted along with the additional outlot from the Glacial Valley development. The proposed basin requires 20-foot wide access points for future maintenance of the pond and infrastructure. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 8 of 23 Stormwater Infrastructure All storm infrastructure within private streets or common lots within the development will be re- quired to be maintained by the HOA. As part of the Engineer review, the applicant must submit updated plans indicating clearly the private stormwater infrastructure proposed for the site. The preliminary stormwater management plan and wetland delineation was submitted and reviewed by the City’s engineering staff, and their comments are included in a plan review letter dated October 19, 2020. The Developer’s engineering consultant will continue to work with the City Engineer and SWWD to address stormwater storage basins and drainage. Grading As with all new development projects, site grading is necessary to provide on-site stormwater detention, street and building pad elevations, and drainage swales for routing surface water runoff to appropriate storm sewer systems. Each building pad will be graded above the street elevation and at least three feet above the ordinary high-water elevation for stormwater basins. As noted on the preliminary grading, drainage, and erosion control plan, silt fence will be installed along the perimeter of the grading limits. Part of the grading requirements for the site includes construction of the required ponding for the site. This pond will be owned and maintained by the City. The preliminary grading plan was reviewed by the City’s engineering staff, and their review com- ments are included in the October 19, 2020, memorandum. Additional grading review will be required upon submittal of final grading and utility plans for the site. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 9 of 23 Utilities These properties are located within the Metropolitan Urban Service Area (MUSA) and have public water and sanitary sewer available at Jody Avenue at the west property line adjacent to Wood- ward Ponds as well as water available in the southeast corner at Keats Avenue. The utilities at the west property line were stubbed for continued development at the time Woodward Ponds utilities were installed. Utility (Sanitary Sewer & Water) Connection Points Utilities will be required to be stubbed at the Knutson property line at the north edge of the devel- opment. No easement would be necessary from the adjoining property owner as the temporary cul-de-sac to be installed will need to be removed at such time future development of the proper- ties to the north takes place; therefore, the water connection can be maintained on the south side of the property line. A temporary cul-de-sac will be required at the end of Jorgensen Avenue until such time the street continues through the Knutson property as a part of future development. The cost of removal of the temporary cul-de-sac for future road extension on the Knutson parcel to the north will be the responsibility of the Developer and this cost will be required in advance of the future extension as a part of the Glacial Valley Estates Development Agreement. The installation of the on-site utilities, roads, and supporting infrastructure will be privately de- signed and constructed to meet City specifications. The Engineering memo dated October 19, 2020, addresses the connections for the project. Drainage and utility easements are required over all HOA outlots, including private street outlots allowing access to public infrastructure. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 10 of 23 Tree Preservation and Landscaping City Code Title 11-6-19 requires completion of a tree inventory (all qualifying trees) for the entire project area. The completed inventory indicating all qualifying trees on the site and whether they are to be removed or saved as a part of the proposed project has been provided. The inventory requires replacement of 316 caliper inches, which are being removed in excess of the permitted 50 percent removal threshold for a project of greater than 10 units per acre net density. This requires installation of deciduous trees at a replacement rate of one tree equals 2.5 replacement inches or a coniferous tree at a replacement rate of 2 inches per foot (six foot minimum). City Code Title 11-6-5 requires a minimum amount of landscape plantings to be installed as a part of development projects within the City. These required plantings include boulevard trees, building perimeter plantings, and landscape requirements. The submitted landscape plan preserves a large portion of mature trees along the south side of the development along the Military Trail Corridor. Additional plantings are proposed throughout the subdivision including the required land- scape buffer along Keats Avenue on the east side of the development. Landscape Boulevard Total Mitigation RequirementsTreesTotal RequiredProposedDifferenceRequired 30% of Required 19+ Overstory (19 X 2 mitigation Coniferous618038 mitigation inches inches = 38 mitigation inches) 61 Planning Staff Report – Glacial Valley Estates 100 (equates to Ornamental0 2 can sub for 1 50 Case Nos. ZA2020-047 & PP2020-048 overstory) overstory 1 per 40 linear feet 120 October 26, 2020 82+ of perimeter (~4,309 (207 required overstory - 82 overstory X 2.5" = 205 (82 X 2.5 mitigation feet)202 37 preserved trees - 50 mitigation inches inches = 205 (2.5")1 per unit ornamental substituation Page 11 of 23 mitigation inches) = 120 required) Overstory107100 5 per unit (10-gallon) 500500 Shrubs500 Total mitigated inches provided = 243 316 required mitigation inches - 243 inches provided = 73 remaining mitigation inches The Developer is proposing all minimum required landscaping, although it does not provide for 73 73 mitigation inches X $150 = $10,950 cash in lieu of planting required mitigation inches. The Developer will be required to pay in lieu of planting the required trees at a rate of $150.00 per mitigation inch that is not mitigated on site. The table below indicates the required plantings for the proposed project: Required Plantings Calculation The City Forester is reviewing the proposed landscape plan to ensure tree locations do not inter- fere with utility infrastructure, pond access routes, hydrants, traffic signage, and street lighting, and that it aligns with the City’s preferred tree species list. The Developer is required to comply with the City Forester’s recommendations for any tree species and location. Shrubs will be required to be planted as landscape surrounding each building at a rate of five plants per dwelling. Irrigation will also be required in all landscaped areas throughout the project area to the back of curb. All plantings and trees within the outlots and throughout the site, as well as the vegetated areas up to the back of curb of Keats Avenue and the Historic Military Trail Corridor, will be required to be maintained (mowed) by the homeowner’s association. Park Land and Open Space A minimum of 10 percent of developable area shall be required to provide residents with public recreation facilities including parks and open spaces as a part of development projects per City Code Title 10-4-3. The City’s Comprehensive Plan does not guide a portion of this project area for future park and open space; therefore, no park dedication land is required. The Developer would be required to pay a park dedication fee in lieu of dedicated lands for open space. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 12 of 23 The Comprehensive Plan guides for a large city park on the north side of Ravine Parkway pro- posed to be called Glacial Valley Park. The proposed park will include ball fields, ice rink, basket- ball courts, and a soccer/football field. The proposed development would have access through sidewalk connections as well as trail systems (along Keats Avenue) to this future park. Planned Park (north of Glacial Valley Estates) The applicant has also verified the development aligns with City Code Title 11-9E-5B, which al- lows for only 40 percent of the total area of the project to be covered with structures, driveways, streets, and other impervious surfaces in order to maintain a balanced development. The project also provides for far greater than the required 400 square feet of open space per dwelling, with approximately 3,320 square feet of open space per dwelling. Park and open space markers are required to denote City-owned lots. The diagram below notes the required park and open space markers for the future City owned outlots: Park and Open Space Marker Locations Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 13 of 23 Area Charges and Development Fees Area charges and related development fees for this project will be based on the acreages shown on the final plat. These fees and charges will be accurately adjusted based on the final plat layout and be provided in the development agreement. All fees and charges will be memorialized within the development agreement. Payment to the City will be required at the time the development agreement is fully executed by the City and Developer. Architecture The Developer and builder, Donnay Homes, is proposing quad townhome buildings within the Glacial Valley development. This proposed attached unit townhome product is similar to the prod- uct currently under construction within the Mississippi Dunes townhome development south of the Mississippi Dunes and Summers Landing single-family developments. Donnay Homes has pro- posed additional architectural materials as well as color pallets for the proposed products given the location within the East Ravine Neighborhood, including a stone accent. Each unit proposed have three bedrooms, three bathrooms, are approximately 1,600 square feet in size, and priced within the $300’s. Product Elevation Fencing Any proposed fencing as a part of the development would require long-term maintenance by the HOA. The Developer has communicated with the neighboring property owner (Knutson Tree Farm) to the north. Mr. Knutson has indicated his concerns related to potential trespassing onto his prop- erty with the development so near his property line. As part of the Woodward Ponds development, the Developer and Mr. Knutson agreed that the Developer would install wrought iron fencing along the property lines abutting Mr. Knutson’s property. The Developer of Glacial Valley will be respon- sible for installation of fencing along the north property line. The fence should be placed on the Glacial Valley side of the property line and maintained by the HOA. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 14 of 23 Public Hearing Notices Public hearing notices were mailed to 35 property owners who are within 500 feet of the proposed subdivision and published in the St Paul Pioneer Press on October 16, 2020. Recommendation That the Planning Commission recommend that the City Council approve the following two actions: A. A zoning amendment to change the zoning of property located north of Military Road and West of Keats Avenue from R-5, Medium Density Residential, to R-5, Medium Density Residential with a Planned Unit Development (PUD) B. A preliminary plat for a residential subdivision to be called Glacial Valley Estates, which will consist of 100 attached unit lots for multi-family townhomes. 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: Washington County, South Washington Watershed District, Minnesota Department of Health, Minnesota Department of Natural Resources, and Minnesota Pollution Control Agency. 4. The Developer shall incorporate into the final plat the recommendations, requirements, and evaluations noted in the Bolton & Menk memorandum dated October 19, 2020, subject to modifications that are agreed to by the Developer and City Engineer. 5. The Developer shall install a sidewalk connection to the Military Trail Corridor and along one side of all public streets within the development. 6. Developer shall install trail connection along Keats Avenue from the Military Trail to the north boundary of the development site. Platting, Land Dedication, and Easements 7. The final plat and the City’s approval of the final plat are subject to additional conditions that will be listed in the City resolution approving the final plat and included in the develop- ment agreement. 8. The final plat must be recorded with the Washington County Recorder’s Office before any building permit can be issued. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 15 of 23 9. 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. 10. Common mailboxes meeting the approval of the local postmaster are required. 11. The proposed stormwater basin shall be platted as an outlot and deeded to the City for future maintenance. Construction and Grading 12. A grading permit and financial guaranty is required prior to approval of grading activity related to the project. 13. 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 rock construction entrance, and construction-related vehicle parking. All emergency overflow swales must be identified on the grading and erosion control plan. 14. 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. 15. 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 11-6-12, Erosion Control During Construction of the City’s Subdivision Ordinance. 16. 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 submitted to the City Engineer. Lot Performance Standards 17. The architectural standards of the homes shall be consistent with the following: a. The minimum finished floor area for the quad units are 1,600 square feet b. The minimum attached garage floor area for dwellings shall be 240 square feet for all multi-family dwellings. c. Architectural design is required on all four sides of the principal structure consisting of low or no maintenance trim on all sides of the dwelling. d. The minimum roof pitch for the main roof slope is a 6/12 pitch. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 16 of 23 e. Architectural materials must be varying on the front façade of the principle structure (shakes, board and batten, accent siding, shutters, window boxes, etc.). 18. Additional home styles and floorplans that meet the intent of the PUD may be offered sub- ject to administrative review and approval from City staff. 19. If fencing is installed with the project area, it must be constructed of the same design, materials, and color throughout the development. 20. Wrought iron fencing shall be required to be installed on the Glacial Valley property along the property line of Mr. Knutson’s property (north property line). Maintenance of the fencing shall be the responsibility of the property on which the fence is installed. Utilities 21. The Developer is responsible for providing the necessary easements and costs associated 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. 22. The water utility plan shall conform to the City’s water supply and distribution plan. 23. The sanitary sewer utility plan shall conform to the City’s sanitary sewer comprehensive plan. 24. All stormwater designs shall meet the intent of the City’s Surface Water Management Plan and the SWWD water management plan. 25. 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). Streets 26. The street name for “Street A” shall be Jorgensen Avenue South to the cul-de-sac at the north property line. The east/west street shall be Jody Avenue. All streets shall be labeled on the final plat. 27. The City’s curb replacement policy must be complied with during home building. A bitumi- nous wedge shall be maintained on the street until 90 percent of the homes are constructed in any phase or in three years. 28. A temporary cul-de-sac shall be installed at the north property line (north end of Jorgensen Avenue) subject to the City Engineer’s standards. 29. A private street maintenance agreement shall be provided by the Developer as a part of the Developers Agreement. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 17 of 23 Landscaping and Irrigation 30. Irrigation systems installed within City or County right-of-way are solely the responsibility and risk of the Developers, or individual. The City is not responsible or liable for any dam- age 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. The HOA is responsible for the maintenance of the irrigation system up to the back of curb throughout the development including Keats Avenue and the Military Trail Corridor. 31. All proposed tree locations on the proposed landscape plan shall be reviewed and ap- proved by the City Forester. Deciduous trees should be located a minimum of 5 feet off any utility pipe. Coniferous trees shall be located a minimum of 15 feet off any utility pipe. No trees shall be located within a storm pond high water level or within the pond access routes. Trees shall not be located so as to interfere with hydrants, street lighting, and traffic signage. 32. The City Forester will mark the location where boulevard trees must be planted and ap- prove the tree species to be planted. The final landscape plan must be reviewed, coordi- nated, and approved by the City Forester. 33. The Developer is responsible for establishing the final grades, topsoil, and seeding of all the lots, outlots, and boulevards within the subdivision. 34. The Developer shall pay $10,950 for required trees to be planted or plantings shall be installed within the Glacial Valley Estates development. 35. Vegetated (sod or landscape) areas along Keats Avenue and the Military Trail Corridor shall be regularly mowed and maintained by the HOA. Surface Water Management 36. 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. 37. 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. 38. Given the eastern Woodward Ponds stormwater basin will be expanded to the north to accommodate stormwater from Glacial Valley, the area of the expanded pond and infiltra- tion basin within Glacial Valley and Woodward Ponds shall both be platted as an outlot and deeded to the City. 39. The Developer shall provide amended plans clearly indicating storm infrastructure to be privately maintained within private streets and HOA common lots. Onsite Infrastructure Improvements 40. A street lighting plan must be submitted by the Developer and approved by the City Engi- neer. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 18 of 23 41. The Developer must place iron monuments at all lot and block corners and at all other angle points on property lines. Iron monuments must be placed after all site and right-of- way grading has been completed in order to preserve the lot markers for future property owners. 42. The Developer is responsible for the cost and installation of public land boundary markers at the corners of private property abutting all outlots owned by the City. 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 once the final boundary configuration for the storm pond outlot are determined. 43. 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 pro- viders intend to install underground lines within the development. 44. The Developer is responsible for all street maintenance; upkeep and repair of curbs, boule- vards, and sod; and street sweeping until the project is complete. All streets must be main- tained 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 obliga- tions imposed upon developer by this paragraph. 45. The Developer will provide to the City copies of test results, suppliers, subcontractors, etc., relating to the work to be performed by the Developer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the perfor- mance of the work described in the development agreement. 46. The Developer is responsible for the control of grass and weeds in excess of eight inches on vacant lots or boulevards within their development. Failure to control grass and weeds will be considered a Developer’s default and the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. 47. The 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 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. 48. Developer will be required to conduct all major activities to construct the public improve- ments 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 Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 19 of 23 This does not apply to activities that are required on a 24-hour basis such as dewatering or bi-pass pumping, etc. Any deviations from the above hours are subject to approval of the City Engineer. 49. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth, or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees, and dem- olition 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. 50. The Developer grants the City, its agents, employees, officers, and contractors’ permission to enter the site to perform all necessary work and/or inspections during grading and the installation of public improvements by the Developer. 51. 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. 52. The City will not have any responsibility with respect to any street or other public improve- ments unless the street or other public improvements have been formally accepted by the City. Upon completion of the improvements, the Developer may request, in writing, their acceptance by the City. This request must be accompanied by proof that there are no outstanding judgments or liens against the land upon which the public improvements are located. Upon the City’s receipt of a written request for acceptance from the Developer, the City Engineer will conduct a final inspection of the public improvements and will furnish a written list of any deficiencies noted. The City Engineer will base the inspection on com- pliance 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. 53. 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. 54. 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. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 20 of 23 55. 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 Devel- oper’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 pro- posed 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. 56. No additional building permits beyond the model permits will be issued until such time as adequate public utilities, including street lights and streets, have been installed and deter- mined to be available to use. The City will require that the utilities, lighting, and street sys- tem 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. 57. 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 improvements 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 ex- penses 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, indem- nification obligations for claims arising prior to the completion of the Improvements shall survive the termination of the agreement. 58. 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 dump- ster to contain all construction debris, thereby preventing it from being blown off-site. It is the responsibility of the Developer to ensure no debris blows on or off site. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 21 of 23 59. 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. 60. 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 re- quirements if it is determined that the methods implemented are insufficient to properly control erosion. 61. 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. 62. 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. 63. Dust control measures must be in place to prevent dust and erosion, including, but not limited to daily watering, silt fences, and seeding. The City Engineer may impose reason- able measures to reduce dust at the site. 64. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended. 65. 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. 66. 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: a. Paved streets b. Concrete curb and gutter c. Hard surface driveways d. Street lights e. Mailboxes f. Water system (trunk and lateral) and water house service stubs Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 22 of 23 g. Sanitary sewer system (trunk and lateral) and sanitary house service stubs h. Storm sewer system i. Street and traffic control signs/signals j. Shaping and sodding drainage ways and emergency overflows in accordance with the drainage development plan approved by the City Engineer k. Adjust and repair new and existing utilities l. Trails and sidewalks m. Erosion control, site grading and ponding n. Surveying and staking o. Stormwater basin, and open space boundary markers p. Landscaping 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. 67. The Developer must post a cash escrow with the City’s Finance Director to cover engineer- ing, 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. 68. The Developer must post a cash escrow with the City’s Finance Director to cover engineer- ing costs and other City services, expenses, and materials provided in reviewing and pro- cessing 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 es- crow amount will be included in the development agreement. 69. Temporary parking during construction shall be permitted on only one side of the street. Planning Staff Report – Glacial Valley Estates Case Nos. ZA2020-047 & PP2020-048 October 26, 2020 Page 23 of 23 Prepared by: Emily Schmitz Senior Planner Attachments: – Preliminary Plat – Preliminary Civil Drawings – Engineering Review Memorandum 10/19/2020