PLANNING REPORT CITY OF EAGAN. APPLICANT: CH Development Company, LLC HEARING DATE: September 23, 2014

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1 PLANNING REPORT CITY OF EAGAN REPORT DATE: September 17, 2014 CASE: 14-PA ; 14-FD APPLICANT: CH Development Company, LLC HEARING DATE: PROPERTY OWNER: U.S. Home Corp. APPLICATION DATE: Sept. 3, 2014 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: SW corner of Wescott Woodlands and Station Trail COMPREHENSIVE PLAN: Special Area/Mixed ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment for a 4-story senior housing facility in the Stonehaven Planned Development. The proposal provides a total of 138 units in two phases, for independent living, assisted living and memory care. The subject site is located south of Station Trail and west of Wescott Woodlands, and is legally described as Outlot E, Stonehaven 4 th Addition. The applicant has also made application for Final Plat and Final Planned Development. The proposed Final Plat replats the 3.57-acre outlot as a lot on existing boundaries. Since this is a single-lot project, approval of the development plans associated with the Planned Development Amendment constitutes simultaneous approval of the Final Planned Development upon execution and recording of the Final Planned Development Agreement. AUTHORITY FOR REVIEW Rezoning: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation.

2 Page 2 Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY The Stonehaven Preliminary Planned Development was initially approved in This site was designated in the Stonehaven Preliminary Planned Development as a multi-family senior housing for up to 100 dwelling units. The overall Stonehaven development provides single-family, twinhomes, and townhome housing. The proposal completes build-out of the Stonehaven development, providing multi-generational housing for the area. Absent specific development plans at that time, the Preliminary Planned Development Agreement tied future development of the site to R-4, Residential Multiple, zoning standards in the City Code. Where the R-4 standards are not strictly satisfied, an Amendment to the Planned Development is warranted. Deviations from the strict application of the ordinance, if determined to be acceptable, can be accommodated through the existing Planned Development zoning. The current proposal is for 138 units as compared to the 100 units approved in the Preliminary Planned Development. The proposed 4-story building is 50 9 in height. In R-4 zoning, where building height exceeds 35 feet, additional setbacks apply. The proposed building height exceeds 35 feet and the corresponding additional setbacks are not fully provided. Building coverage is proposed at 25.1% as compared to the maximum 20% ratio for residential zoning districts. EXISTING CONDITIONS Existing Conditions This parcel is the final 3.57 acres remaining from the Stonehaven development. The site is fronted by two public residential streets: Wescott Woodlands to the east and Station Trail to the north. There are boulevard trees along Wescott

3 Page 3 Woodlands, and a mature wooded area in the southwest corner of the outlot. The majority of the site will be disturbed in preparation for the proposed building and parking lot. Site grading, the installation of water and sewer service stubs, and the construction of stormwater ponds to serve the development were constructed with previous development. The site generally slopes from north to south, with elevations ranging from 906 to 870. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Fire Station PF, Public Facilities QP, Quasi-Public East Dakota Woodlands LB, Limited Business O/S, Office/Service South Single- and Two-Family PD, Planned Development SA, Special Area/Mixed West Single-family PD, Planned Development SA, Special Area/Mixed EVALUATION OF REQUEST Description of Proposal The applicant is proposing a 138-unit 4-story senior living development upon 3.57 acres located west of Wescott Woodlands and south of Station Trail within the Stonehaven Planned Development. The applicant has requested approval for the overall development plan at this time, both the initial construction (Phase 1) and a future expansion (Phase 2). Phase 1 consists of 95 units offering a continuum of care with independent living, assisted living and memory care units. The Phase 2 expansion anticipates another 46 units as market demand increases in the future. The applicant is seeking approval for the overall development of both phases at this time, although Phase 2 may not be implemented for several years. Because the total unit count is higher than assigned in the Preliminary Planned Development, an Amendment to the Preliminary Planned Development is warranted. The narrative indicates the additional market demand is not expected to evolve for another 5-10 years, and we are willing to incur the costs of Phase I only if we are rewarded with the flexibility to meet future demand with Phase II. Public Benefit The narrative indicates the proposed project will provide current and future senior housing for the area, and complete the variety of housing types within the Stonehaven Planned Development. The narrative also states the proposed senior housing is expected add to the tax base without burdening school systems, and provide employment not only in construction jobs, but also for the estimated 35 staff members who maintain the facility and care for residents within the development. Lastly, the applicant states that providing attractive and safe senior housing opportunities within the community encourages turnover of existing single-family homes in the area, attracting new young families into the community.

4 Page 4 Compatibility with Surrounding Area The proposed use is consistent with the Preliminary Planned Development. The surrounding area is developed with a variety of residential uses including single-family, twin homes, and townhomes in the Stonehaven development. The site is adjacent to the Fire Safety Center to the north and high density transitional housing to the east. The narrative indicates the use of senior housing is complementary and serves as a great transition and buffer to the rest of the neighborhood from traffic on Yankee Doodle and noise from the fire station. The developer held a neighborhood meeting on September 4, The applicant reported few attendees, and no objections or substantive comments from the meeting. Airport Noise Considerations The site is located within Airport Noise Policy Zone 4 one-mile Buffer and Sec , Aircraft Noise Zone Overlay District, applies to new construction within this area. Within the Zone 4 Buffer, multi-family residential uses with shared entrance are considered compatible. In addition to Sec , the stipulations of the Preliminary Planned Development also apply. Consistent with the conditions of the Preliminary Planned Development Agreement, this development should utilize sound attenuation construction standards sufficient to achieve an interior sound level of 45 dba. Site Plan The proposed Site Plan shows a monument sign in the northeast corner of the site, and ground mounted directional signs at each driveway. Surface parking is proposed along the drive and to the west of the building. Underground parking is also provided, with access on the west side of the building. A patio area is proposed on the south side of the building, and sidewalks connect the site to adjacent sidewalks and trails along Station Trail and Wescott Woodlands. Lots and Density The site consists of one lot and is 3.57 acres in size. The applicant is proposing 138 units at full build-out, resulting in a proposed density of 38.7 units per acre. The 100 units provided for in the Preliminary Planned Development provided a density of 28 units per acre. Please note the density of these existing senior facilities for comparative purposes: Gramercy (Independent Senior Living) provides 14 units per acre Marice Manor (Assisted Living) provides 35 units per acre Keystone (Assisted Living) provides 56 units per acre Southview Senior Living provides 22.6 units per acre Both Gramercy and Marice received approval of a Conditional Use Permit to allow the facilities as retirement homes in the Limited Business zoning districts. Keystone is located in the Cedar Grove District which permits density flexibility, and Southview has flexibility through Planned Development zoning.

5 Page 5 Bulk Standards Absent a specific development proposal at the time, the Preliminary Planned Development Agreement tied future development of the site to R-4, Residential Multiple, zoning standards in the City Code. This section evaluates the proposal in comparison to typical R-4 standards. Building Setbacks R-4 zoning requires minimum structure setbacks of 50 feet from a public right-of-way, and 30 feet in side and rear yards. On this site, the 50 feet setback applies to the north and east sides abutting Station Trail and Wescott Woodlands, respectively. Minimum required setbacks on the south and west sides would be 30 feet. Where building height exceeds 35 feet, structure setbacks shall be increased by three feet for each one foot of height over 35 feet. The proposal exceeds the base setback requirements; however, it falls short in the additional setback required due to building height as explained below. At 50 feet 9 inches, the proposed building height is feet taller than the R-4 district maximum. At 3 feet for each foot above 35 feet, additional setbacks of feet would be required, more than doubling the 30-foot minimum on side and rear yards, and nearly doubling the 50-foot front yard minimum. Front yard (east): Wescott Woodlands Front yard (north): R-4 Ordinance Add l setbacks (for bldgs. >35 ht.) Total Required Setback Proposed Setback 50 feet feet feet 88.3 feet 50 feet feet feet 77.3 feet Station Trail Side yard (west): 30 feet feet feet 93.2 feet Side yard (south): 30 feet feet feet 36.7 feet The Site Plan proposes setbacks of 88.3 feet on the east side, and 77.3 feet on the north side. While not fully providing for the feet required by Code for a building height of feet, the proposed front setbacks do provide an increased setback beyond the 50-foot minimum. The building setbacks to the south lot line range from 36.7 feet to 39.9 feet. In Phase 1, only a short wing of the building (75-foot length) is this close to the south lot line; the Phase 2 expansion adds another 165 feet of building at this distance. The length of building is broken up in two segments, mitigating its visual impact. In addition, the south property line abuts Homeowner s Association Open Space, which provides additional distance to the single family homes to the south.

6 Page 6 Building Height Building height is measured from the average grade to the midpoint of a pitched roof. The method of measurement for underground garages is similar. City Code allows a maximum building height of 35 feet with allowance to 60 feet with additional setbacks of 3 feet for each one foot of height over 35 feet. The elevations depict the height of the building is 50.9 feet, requiring an additional feet of setback. As depicted above, the proposal does not meet the additional set back requirements. This deviation can be accommodated via the Planned Development zoning. The proposed setback measurements should be accurately shown on the Site Plan. Building Coverage The Zoning Ordinance limits building coverage to 20% of the lot area in all residential districts. Building coverage for both Phase 1 and 2 is proposed at 25.1%. The acceptability of building coverage in excess of 20% is a policy matter to be determined by City officials. If acceptable, the greater building coverage can be accommodated through the Planned Development zoning. Parking Setbacks City Code requires parking to be set back 20 feet from a public street and 5 feet from adjacent residential property. The proposed setbacks to Station Trail on the north side are less than 20 feet, and 12.9 feet at its closest. On the west wide, the property is adjacent to townhomes near Station Trail and open space further south. Parking on the west side is between 15 feet and 20 feet from the west side lot line. Green Space The Zoning Ordinance does not set a minimum green space standard for residential development. The plans propose 55% green space. Storage Space City Code requires 150 cubic feet of storage space within the building for each unit, exclusive of storage space within the units. The applicant indicates they are providing a variety of storage strategies for different types of units. Generally, in senior housing the applicant states it is better for... residents to have better and ample storage within their unit than located elsewhere in the facility. In addition to the in-unit storage spaces, 28 storage lockers are provided in the lower level for those residents who require more storage space or for oversized items. Trash Storage Trash storage is proposed inside the building on the underground level. Site Signage The Site Plan notes a boulder wall and with a wall monument sign. The description is consistent with other monuments in Stonehaven, however, details sign plans were not provided. A Final Sign Plan showing the proposed sign elevation, materials and dimensions, should be provided for the Final Planned Development Agreement. Prior to installation, a Sign Permit is required. Parking The Zoning Ordinance typically requires two stalls per unit for multi-family residential, at least one covered or underground, with no separate specified parking standard for senior housing facilities.

7 Page 7 The applicant proposes both underground and surface parking totaling 114 stalls in both phases. Initially 92 stalls will provided with the 95 units in Phase 1, a ratio of 0.97 stalls per unit. A net 22 stalls will be added with the 46-unit Phase 2 expansion, bringing the overall parking to 114 stalls for 138 units, which equates to a ratio of 0.83 stalls per unit. The applicant s submittal identifies 31 memory care units, 106 units independent and assisted living, and one guest suite, noting that residents in memory care and assisted living units have fewer vehicles. The proposed 0.83 stalls/unit is slightly lower than what has typically been provided for senior projects. Other senior projects in Eagan range from 0.87 stalls per unit to 1.7 stalls per unit. For comparative purposes: Southview Senior Living (2013) provides 0.87 stalls per unit Oakwoods Phase II (2007) provides 1.1 stalls per unit Keystone (2003) provides 0.87 stalls per unit Oakwoods Phase I (1991) provides 1.7 stalls per unit O Leary (1997) provides 1.16 stalls per unit Marice Manor (1997) provides 0.74 stalls per unit (with proof of parking to total just under one stall per unit) Clare Bridge Alzheimer's & Dementia Care Community (1997) provides.5 stalls per unit (with proof of parking to total.88 stalls per unit) The Site Plan shows parking stalls dimensions at 9 feet wide by 18 feet deep for both surface and underground stalls. This is a deviation from the 10 feet wide by 19 feet deep requirement in the City Code. The surface drive aisle for the surface lot is 24 feet wide as required by City Code. There is little daily turnover anticipated with the stalls provided, however, the 18 foot parking stalls may result in longer vehicles extending into the drive aisle, reducing the drive width to less than 24 feet. Accessible parking stalls should meet ADA dimensional requirements. The deviation to stall dimensions can be accommodated via the Planned Development zoning, and acceptability is a policy matter to be determined by City officials. Building Elevations/Architecture The proposed 4-story building utilizes different finish materials for visual interest, and has a varied roof line providing several peaks on the pitched roof. These roof variations break up the roof line and enhance the façade features. The building façade has some relief with some elements being set forward or back. Additional interest is provided in the window elements with some units having windows and some also having a balcony with a railing. City Code does not prescribe specific materials, or mix of materials, for multi-family residential uses. The proposed 4-story building utilizes the following finish materials: cement fiber board panels and cement fiber lap siding, cement fiber shake siding, brick, and cultured stone. The pitched roof is finished with asphalt shingles. Where the foundation of the underground level is exposed (primarily on the south elevation), the finish is a rockface concrete masonry unit.

8 Page 8 Building Address Numbers Building address numbers should be installed consistent with the provisions of Section 2.78 of City Code. Mechanical Equipment City Code requires mechanical equipment to be screened from off-site views. The proposed building architecture shows a pitched roof. Aside from vents, mechanical equipment is expected to be ground mounted or located inside the building. Ground mounted equipment is located adjacent to the patio on the south side of the building, and is identified with a 6-foot high opaque fence enclosure. The equipment is screened from street views by the building, and the fence should provide sufficient screening of equipment from the south. Roof mounted vents and other appendages should match the roof color. Site Lighting Parking lot lighting is proposed through LED lights mounted at 23 feet. One building mounted light is proposed above the garage drive entrance. Both fixtures are downcast and shielded. The proposed plan provides the 0.5 fc minimum level of illumination throughout the parking lot areas. No specific pedestrian lighting is proposed along sidewalks. Sidewalks that provide connections between the parking area and the building, specifically on the west side of the building, should be illuminated for safety reasons. The 0.1 fc minimum on the Lighting calculations is a bit misleading since it is taking from points beyond the parking lot areas. In reviewing the photometrics, it appears the minimum level within the parking lot is closer to 0.6, which would bring the average to minimum ratio (a measure of light uniformity) down from 17.7 fc to 2.95 fc; ratios of less than 4 fc are generally considered acceptable. The Final Site Lighting Plan should be revised to include pedestrian lighting at the doorways and along sidewalks where pedestrian use is anticipated during hours of darkness. Landscaping The submitted Landscape Plan appears acceptable with minor modifications. The row of surface parking is broken up with landscaping in the separations been parking sections. Berming is provided within the setback area. Additional landscaping should be added on the north side to screen and buffer the parking area from Station Trail. Foundation plantings are proposed on both sides of the building entrance, along the retaining wall by the garage entrance, and around the mechanical equipment and patio on the south side. Landscape features frame the driveways and the site signage. Shade and ornamental trees fill in the open yard spaces around the site, accommodating utilities and trees already installed along the east side. The proposed Landscape Plan does not include mitigation plantings. Tree mitigation is required in addition to site landscaping. Tree Preservation This development application s tree preservation will be considered on a single-lot, single-phase, multiple-unit residential type of application. Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is set at 30%.

9 Page 9 A tree inventory submitted with this application indicates there are 17,486 square feet of significant woodlands currently existing on site. According to plan submittal, significant tree impacts will result in the removal of 3,729 square feet of significant woodlands for Phase 1 and 12,560 square feet of significant woodlands for Phase 2, for a total proposed removal of 16,289 square feet (93% of the total). Because the proposed removal of significant woodland removal is more than allowable, there is required tree mitigation. Tree mitigation for this application as proposed calculates to forty-four (44) Category B trees (or an equivalent combination of Category A and/or C trees). To date the applicant has not submitted a Tree Mitigation Plan. With the bulk of tree removal occurring at the time of the Phase 2 expansion, and removal for the Phase 1 initial construction less than the 30% allowable, the submittal of the required Tree Mitigation Plan can be done at the time of Building Permit application for the Phase 2 expansion. The applicant should provide an updated Tree Inventory and Tree Mitigation Plan at the time of Building Permit application for the Phase 2 expansion, for review and approval of the City Forester. The Plan should identify additional trees proposed to be removed, and actual mitigation due will be calculated based on the current plan at that time. Wetlands Because there are no wetlands on site, City Code 11.67, wetland protection and management regulations, does not apply. Storm Water Management/Water Quality The site includes 70,333 sf (45.3%) impervious surface. The design and construction of overall Stonehaven development accounted for the storm water management of this site. Storm Water Drainage Storm water flows through a private storm sewer system to the south and enters a series of ponds constructed with previous Stonehaven additions, beginning with city pond DP-9.9. These ponds were designed to accommodate the drainage of the overall development, including this parcel. Utilities Lateral water and sanitary sewer lines were installed with previous development along Station Trail and Wescott Woodlands. Two water service stubs were provided along Station Trail, one of which is proposed to be used for a fire hydrant lead, and the other for the water service to the building. The sanitary sewer service is proposed to be installed to an existing sewer lateral along Wescott Woodlands. In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever possible. The applicant s narrative indicates they will plan in advance for fiber-optic network access to the facility. The Preliminary Planned Development requires that the applicant submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood. The applicant should provide such a plan for review and approval by City staff, for incorporation into

10 Page 10 the Final Planned Development Agreement. This development should include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. Streets/Access/Pedestrian Circulation The proposal includes a looped driveway with two access locations on Station Trail. Private sidewalks are shown along the back of the building and along the entire driveway. The sidewalk connects to the existing public trail along Wescott Woodlands in two locations, and to Station Trail at the westerly driveway entrance. No parking fire lane signs should be installed along the north side of Station Trail. Consistent with the conditions of the Stonehaven Planned Development, the developer should dedicate restricted access in favor of the City along the entire length of Wescott Woodlands, within the development, in a form acceptable to the City Attorney. Parks and Recreation Park Dedication requirements for this development were previously fulfilled through the designation of approximately 35 acres of open space/natural area to be owned and managed as open space/natural area by the Homeowners Association. Trail dedication was also previously satisfied through the construction of on-site trails through the open space. The trail is owned by the Homeowners Association, with those portions determined to have public benefit covered by public trail easements. The applicant s narrative describes features of the proposal geared toward providing additional onsite recreation space specific to the senior residents. These include a secure outdoor garden space for Memory Care and Assisted Living residents, and independent residents have access to an outdoor patio and lawn area adjacent to the dining room on the south side. In addition, sidewalks connect to the trail along Wescott Woodlands and those throughout Stonehaven. Financial Obligation At this time, there are no pending assessments on this parcel and trunk and lateral utility charges were paid with previous development. SUMMARY/CONCLUSION The applicant is proposing to construct a 138-unit senior housing facility in two phases within the Stonehaven Planned Development. The proposed development completes the Stonehaven Planned Development, which contemplated senior housing on this site. Absent a specific development plan at the time of Preliminary Planned Development, a unit count of 100 was assigned to the site, and development standards were tied to typical R-4 zoning. The proposed Amendment to the Planned Development is to exceed 100 units and deviate from some of the R- 4 bulk standards, such as building height, and setbacks, lot coverage and parking. The applicant has requested approval for the overall development plan, both the initial construction (Phase 1) and a future expansion (Phase 2). Because the site is a single lot, approval of the Preliminary Planned Development simultaneously constitutes approval of the Final Planned Development for this lot, upon execution and recording of the Final Planned Development Agreement.

11 Page 11 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment for a 4-story, 138-unit senior housing facility for independent living, assisted living and memory care in the Stonehaven Planned Development, upon approximately 3.57 acres legally described as Outlot E, Stonehaven 4 th Addition. If approved the following conditions shall apply: 1. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder s office. The following exhibits shall be made part of the Final Planned Development Agreement: Final Site Plan Final Building Elevations Final Landscape Plan Final Tree Preservation & Mitigation Plan Final Site Lighting Plan Final Signage Plan Final Telecommunications Plan Final Utility Plan 2. The property shall be platted. 3. The Planned Development provides for a four-story 138-unit senior housing facility with underground parking. 4. This development shall utilize sound attenuation construction standards sufficient to achieve an interior sound level of 45 dba. 5. The proposed setback measurements shall be accurately shown on the Site Plan. 6. Building height above 35 shall be permitted per the Final Building Elevations. 7. Deviations to building coverage, and parking and pavement setbacks shall be permitted as shown on the Final Site Plan. 8. A Final Sign Plan showing the proposed sign elevation, materials and dimensions, shall be provided for the Final Planned Development Agreement. A Sign Permit is required prior to sign installation. 9. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code.

12 Page Mechanical equipment shall be screened from off-site views as shown on the Site Plan. Roof mounted vents and other appendages shall match the roof color. 11. The Final Site Lighting Plan shall be revised to include pedestrian lighting at the doorways and along sidewalks where pedestrian use is anticipated during hours of darkness. 12. The Final Landscape Plan shall be revised to include additional plant materials between the surface parking and Station Trail. 13. In accordance with Section 11.70, Subd. 12-B-3 of the City Code, a financial guarantee for the site landscaping shall be submitted at the time of Building Permit application. The guarantee shall cover two calendar years following satisfactory completion and shall be released only upon inspection and written notice of conformance by the city. For any landscaping that is unacceptable, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at is sole discretion, may use the proceeds of the performance guarantee to accomplish performance. 14. The applicant shall provide tree mitigation as required per the City of Eagan s Tree Preservation ordinance. 15. The applicant shall provide an updated Tree Inventory and Tree Mitigation Plan at the time of Building Permit application for the Phase 2 expansion, for review and approval of the City Forester. The Plan shall identify additional trees proposed to be removed, and actual mitigation due will be calculated based on the current plan at that time. 16. The applicant shall protect the preserved individual tree s critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on site. 17. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 18. The developer shall dedicate restricted access in favor of the City along the entire length of Wescott Woodlands, within the development, in a form acceptable to the City Attorney.

13 Page The applicant shall submit a proposal/infrastructure plan, for review and approval by City staff and incorporation in the Final Planned Development Agreement, to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood. 20. The developer shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval.