HomeMy WebLinkAbout6.h. Final Plat - Biscayne Pointe North (Abbott Property) Giles Properties, Inc.4
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: March 16, 2004
AGENDA ITEM: Final Plat - Biscayne Pointe North (Abbott
property) Giles Properties, Inc.
AGENDA SECTION:
Consent
PREPARED BY: Jason Lindahl, A.I.C.P., Assistant City Planner
AGENDA
ATTACHMENTS: Draft Final Plat Resolution, Location Map,
APPROVED BY:
P.C. Minutes 2- 24 -04, Sub - division
Agreement, Final PIat, Preliminary Plat,
Preliminary Plat Resolution, P.C. Minutes 1I-
25 -03, C.C. Minutes 1- 20 -04, Dakota County
Plat Commission Memo dated February 12,
2004.
Applicant & Property Owner(s):
Location:
Area in Acres:
Number of Lots & Density:
Comp. Guide Plan Desig:
Current Zoning:
Planning Commission Action:
Mu _: 1
John Anderson of Giles Properties Inc.
2132 135' Street West
10
22 single family lots @ 2.2 units per acre
Urban Residential
R -1, Low Density Residential
Approved Final Plat 2 -24 -2004.
The applicant, Giles Properties Inc., requests final plat approval to subdivide the 10 -acre Abbott property into
22 single family lots to be known as Biscayne Pointe North. The subject property is located south of 135
Street (County Road 38) and north of Biscayne Pointe 5 th Addition approximately 1.1 mile east of Akron
Avenue (County 73).
The key planning issues with this application during the preliminary plat review were lot depth variances and
tree preservation. As directed, the applicant revised their plans to eliminate these variances and comply with
the performance standards outlined in the tree preservation ordinance (Section 8.3 of the Zoning Ordinance).
As a result, the attached final plat is consistent with the terms and conditions of the preliminary plat and staff
recommends the City Council approve this application subject to the conditions listed in the Recommended
Action section on the following page. However, it should be noted that the Dakota County Plat Commission is
asking for an additional five feet of right -of -way (from 50 feet to 55 feet) and noise mitigation elements (see
attached letter dated February 12, 2004). While these issues do not appear to affect the overall design of the
plat, they must be resolved between the applicant and Dakota County prior to recording the plat.
PLANNING COMMISSION ACTION
This item was on the Planning Commission's consent agenda on February 24, 2004. It was unanimously
approved by the Commission without discussion or public comment.
RECOMMENDED ACTION: Motion to adopt a draft resolution approving the final plat for Biscayne
Pointe North subject to conditions.
CITY COUNCIL ACTION:
1
RESOLUTION 2004 -
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004-
A RESOLUTION APPROVING THE FINAL PLAT
FOR BISCAYNE POINTE NORTH
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Giles Properties requesting Final Plat approval to subdivide the 10 acre Abbott
property, legally described as:
The North 661.53 feet of the West Half of the East Half of the Southwest Quarter of Section 21,
Township 115, Range 19, Dakota County, Minnesota.
WHEREAS, on February 24, 2004, the Planning Commission of the City of Rosemount
reviewed the Final Plat to subdivide the 10 acre Abbott property into 22 single family lots to be
know as Biscayne Pointe North; and
WHEREAS, the Planning Commission of the City of Rosemount found the Final Plat consistent
with the terms and conditions of the Preliminary Plat; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the Final Plat for Biscayne Pointe North subject to conditions; and
WHEREAS, on March 16, 2004, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the Final Plat for Biscayne Pointe North; and
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Final Plat for Biscayne Pointe North, subject to:
1. Execution of a subdivision development agreement between the developer and the City.
2. Park dedication in the form of cash equaling $52,800 ($2,400 x 22 lots) as outlined the
February 10, 2004 Parks and Recreation Director's memo. This fee shall be paid to the
City prior to release of the final plat.
3. Provision of a cash deposit for the amount of $100 per linear foot for future
improvements for County Road 38.
4. Documentation shall be provided to the City to verify that the 20 -foot grading easement
has been provided from the adjacent property owner to the south.
RESOLUTION 2004 -
5. Northern Natural Gas shall approve the grading proposed within their easement. The City'
shall receive a copy of the written authorization from for grading work to occur in the
easement prior to issuance of a grading permit..
6. Any cost associated with modification to the gas pipeline to accommodate grading and/or
installation of public utilities will be completed at the expense of the developer.
7. Landscaping enhancements including 36 trees in conformance with the tree preservation
requirements shall be installed on the site. Said enhancements shall be prioritized to
screen County Road 38 and replace trees lost to grading. Furthermore, trees within the
preservation area shall be protected during the construction process in accordance with
the tree preservation requirements or shall be replaced if damaged or otherwise affected
(including root compaction).
8. Conformance with the requirements of the Dakota County Plat Commission outlined in
their February 12, 2004 memo including, but not limited to, dedication of 55 feet of right-
of-way for County Road 38 (135 Street) and noise mitigation elements.
9. Completion of public infrastructure and streets in Biscayne Pointe Fifth Addition for
access and utility continuity through to Connemara Trail.
10. The house design for Lot 12, Block 2 shall be oriented with the garage on the north side,
closest to the pipeline easement.
RESOLUTION 2004 -
ADOPTED this 16` day of March, 2004 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
Site
Location
Map
F.,011,
•N E S�
0.5 0 0.5 Miles
Planning Commission Meeting 2 -24 -04 Approved Minutes Excerpt
MOTION by Anderson to approve consent agenda. Second by Napper.
a. Biscayne Point North Final Plat
Ayes: Napper, Weisensel, Messner, Zurn, and Anderson. Nays: None. Motion carried.
SUBDIVISION AGREEMENT
Biscayne Pointe North
AGREEMENT dated day of , 2004, by and between the CITY OF ROSEMOUNT, a
Minnesota municipal corporation, ("City"), and GILES PROPERTIES, INC., a Minnesota corporation, (the
"Developer ").
1. Request for Plat Approval The Developer has asked the City to approve the subdivision of land
and a plat of land to be known as Biscayne Pointe North, which land is legally described on
Attachment One, attached hereto and hereby made a part hereof (hereinafter referred to as the
"subject property").
2. Conditions of Plat Approval The City has approved the subdivision and the plat on the
following conditions:
a. Incorporation of recommendations of the City Engineer concerning design and installation of
public infrastructure and including grading, erosion control, streets and utilities.
b. Execution of a Subdivision or Development Agreement to secure the public and private
improvements.
c. Payment of all applicable fees including G..I.S., Park Dedication and other fees identified in
the current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, trails,
conservation areas, streets and utilities
3. Phased Development The City may refuse to approve final plats of subsequent additions of the
plat if the Developer has breached this Contract and the breach has not been remedied.
Development of subsequent phases may not proceed until Subdivision Agreements for such phases
are approved by the City.
4. Effect of Subdivision Approval For two (2) years from the date of this Agreement, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or affect the use, development density,
lot size, lot layout or dedications of the approved plat unless required by state or federal law or
agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this
Agreement to the contrary, to the full extent permitted by state law the City may require
compliance with any amendments to the City's Comprehensive Guide Plan, official controls,
platting or dedication requirements enacted after the date of this Agreement.
5. Development Plans The subject property shall be developed in accordance with the following
plans, original copies of which are on file with the City Public Works Director. The plans may be
prepared, subject to City approval, after entering this Agreement, but before commencement of any
work on the Subject Property. If the plans vary from the written terms of this Agreement, the
written terms shall control. The plans are:
Plan A - Plat
Plan B -- Soil Erosion Control Plan and Schedule
1
Biscayne Pointe North
01!15/04
Plan C --
Drainage and Storm Water Runoff Plan
Plan D --
Plans and Specifications for Public Improvements
Plan E --
Grading Plan and House Pad Elevations
Plan F --
Street Lights
Plan G --
Landscape Improvements
6. Installation by Developer The Developer shall install or cause to be installed and pay for the
following:
A. Street Lights
B. Setting of Lot and Block Monuments
C. Surveying and Staking of work required to be performed by the Developer.
D. Gas, Electric, Telephone, and Cable Lines
E. Site Grading
F. Landscaping
(Hereinafter referred to as the "Developer Improvements ")
And other items as necessary to complete the development as stipulated herein or in other
agreements.
7. Time of Performance The Developer shall install all required improvements enumerated in
Paragraph 6 which will serve the subject property by October 1, 2004. The Developer may,
however, request an extension of time from the City. If an extension is granted, it shall be
conditioned upon updating the security posted by the Developer to reflect cost increases and the
extended completion date.
8. Public Infrastructure The following improvements, known as City Project #370, shall be
designed, inspected, surveyed and administered by the City and installed in the Subject Property at
Developer expense by a Contractor selected by the City through the public bidding process:
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks/Pathways
(Hereinafter referred to as "Public Infrastructure Improvements ")
The attached figure shows the area within which the Public Infrastructure Improvements will be
constructed pursuant to this Paragraph. Contracts shall provide for construction in accordance with
plans and specifications prepared by the City or its consultants. The City will not enter into such
contracts until all conditions of plat and subdivision approval have been met, the plat is recorded and
the City has received the bonds and security required by this agreement.
2
Biscayne Pointe North
01/15/04
The City will obtain any necessary permits from the Minnesota Pollution Control Agency,
Department of Health and all other agencies before proceeding with construction.
9. Deposit for Cost of Public Infrastructure Improvements For the purpose of financing the
construction, installation and maintenance of the Public Infrastructure Improvements, Developer
shall promptly make payments to the City of sums deemed necessary by the City to make timely
payments to its contractor as follows:
a. Prior to the receipt by the City of bids for the Public Infrastructure Improvements, Developer
will pay to the City a cash deposit in the amount of Two Hundred Thousand
Dollars ($200,000) to cover one or more periodic payments to the City's contractor. Such
deposit and later payments to the deposit as provided in this paragraph will be held by the
City and used to pay the City's contractor for Public Infrastructure Improvements and no
other purpose.
b. From time to time as the City's construction of the Public Infrastructure Improvements
proceeds and the amount held in the Developer's deposit is diminished by payments to the
City's contractor, the City will give written notice specifying an amount due from the
Developer to replenish the deposit, as determined by the City to be necessary to cover one or
more periodic payments to the City's contractor. Payments shall be due no later than five (5)
working days after receipt of notice by the Developer.
C. No interest will be paid or credited to Developer on funds held by the City in the deposit.
Following final payment for Public Infrastructure Improvements the City will return any
unused funds in the deposit to Developer.
d. Upon execution of this Agreement, Developer will provide a letter of credit in form
satisfactory to the City in the amount of Three Hundred and Elevan Thousand Five- Hundred
Dollars ($311,500) (which is 110% of the estimated construction costs Four - Hundred and
Sixty -Five Thousand ($465,000) less the initial deposit), conditioned on the prompt and
faithful performance by Developer of its obligations under this paragraph 9. This letter of
credit may be combined with any other letter of credit given to secure performance under this
Agreement provided the form thereof is approved by the City.
e. In the event City does not recover its costs for completing the Public Infrastructure
Improvements under the provisions of this paragraph, as an additional remedy, City may, at
its option, assess the Subject Property in the manner provided by Minnesota Statutes, Chapter
429, and Developer hereby consents to the levy of such special assessments without notice or
hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes,
Section 429.081, provided the amount levied, together with the funds deposited with the City
under this paragraph, does not exceed the expenses actually incurred by the City in the
completion of the Public Infrastructure Improvements.
10. Security for Developer Improvements To guarantee compliance with the terms of this
Agreement, payment of the costs of all Developer Improvements and construction of all Developer
Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash escrow or
two (2) individual irrevocable letters of credit from a bank ( "security ") for:
3 Biscayne Pointe North
01/1/504
a.) $ 30,000 Landscaping
b.) $134,200 All Other Improvements
which is 110% of the estimated cost of the Developer Improvements. The amount of the security
was calculated as follows:
Refer to Exhibit A for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with the terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with written notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two
(2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter
of credit may be reduced from time to time as financial obligations are paid and developer installed
improvements completed to the City's requirements.
11. Grading Plan /Site Grading Site grading shall be completed by the developer at its cost and
approved by the City Public Works Director. The completion of grading activities will need to be
coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the
City Public Works Director satisfactory proof of payment for the site grading work and shall submit
4 Biscayne Pointe North
01/1!504
Cost
110%
110%
Landscaping
Grading & Erosion Control
35,000
38,500
Pond Restoration and Erosion
Control Removal
25,000
27,500
Survey Monumentation
11,000
12,100
Retaining Walls
35,000
38,500
Street Lighting (6 lights)
16,000
17,600
Buffer Monumentation
- - --
- - --
Park Equipment/Improvements
- - --
- - --
Wetland Restoration/Mitigation
- - --
- - --
Wetland Monitoring
- - --
- - --
Total
$122,000
$134,200
Refer to Exhibit A for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with the terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with written notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two
(2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter
of credit may be reduced from time to time as financial obligations are paid and developer installed
improvements completed to the City's requirements.
11. Grading Plan /Site Grading Site grading shall be completed by the developer at its cost and
approved by the City Public Works Director. The completion of grading activities will need to be
coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the
City Public Works Director satisfactory proof of payment for the site grading work and shall submit
4 Biscayne Pointe North
01/1!504
Cost
110%
Landscaping
$30,000
$33,000
Total $30,000
$33,000
Refer to Exhibit A for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with the terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with written notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two
(2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter
of credit may be reduced from time to time as financial obligations are paid and developer installed
improvements completed to the City's requirements.
11. Grading Plan /Site Grading Site grading shall be completed by the developer at its cost and
approved by the City Public Works Director. The completion of grading activities will need to be
coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the
City Public Works Director satisfactory proof of payment for the site grading work and shall submit
4 Biscayne Pointe North
01/1!504
a certificate of survey of the development to the City as the site grading is completed by phase, with
street and lot grades. If the installation of utilities is occurring simultaneously with the grading, the
utility contractor shall have preference over the grading activities. No substantial grading activities
can be completed over installed utilities unless otherwise protected. All improvements to the lots
and the final grading shall comply with the grading plan as submitted and shall be the responsibility
of the Developer.
12. License The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Subject Property to perform all work and inspections deemed appropriate by the
City during the installation of Public Infrastructure Improvements.
13. Erosion Control Prior to site grading, and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved
by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within
72 hours after the completion of the work in that area. Except as otherwise provided in the erosion
control plan, seed shall be rye grass or other fast - growing seed suitable to the existing soil to provide
a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc
anchored as necessary for seed retention.
All basement and/or foundation excavation spoil piles shall be kept completely off City right -of -way
and shall be completely surrounded with an approved erosion control silt fence. Approved erosion
control fencing shall be installed around the perimeter of each lot or at City approved locations at the
time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 -foot
opening will be allowed on each lot for construction deliveries.
The parties recognize that time is of the essence in controlling erosion. If development does not
comply with the erosion control plan and schedule or supplementary instructions received from the
City, the City may take such action as it deems appropriate to control erosion. This right also applies
to the required erosion control for basement and/or foundation excavation spoil piles. The City will
endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so
will not affect the Developer's or City's rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may
draw down the letter of credit to pay any costs. No development will be allowed and no building
permits will be issued unless the Subject Property is in full compliance with the erosion control
requirements.
14. Planting and Seeding Landscaping shall be in accordance with Landscape Plans approved by the
City Planner.
15. Clean up . The Developer shall clean streets of dirt and debris that has resulted from construction
work by the Developer, its agents or assigns. The City will inspect the site on a weekly basis and
determine whether it is necessary to take additional measures to clean dirt and debris from the
streets. After 24 hours verbal notice to the Developer, the City will complete or contract to complete
the clean up at the Developer's expense in accordance with the procedures specified in Paragraph 13.
The Developer shall inspect and if necessary clean all catch basins, sumps, and ponding areas of
erosion/siltation and restore to the original condition at the end of home construction within this
development. All silt fence and other erosion control should be removed following the
5 Biscayne Pointe North
01/1/504
establishment of turf These items are to be secured through the letter of credit as is noted in Exhibit
A.
16. Ownership of Improvements Upon completion and City acceptance of the work and
construction required by this Agreement, the public improvements lying within public rights -of-
way and easements shall become City property without further notice or action unless the
improvements are slated as private infrastructure.
17. Warranty The Developer warrants all work required to be performed by it against poor material
and faulty workmanship for a period of two (2) years after its completion and acceptance by the
City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for
twelve (12) months after planting.
18. Responsibility for Costs
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the
City in conjunction with the development of the Subject Property including, but not limited
to, Soil and Water Conservation District charges, legal, planning, engineering and inspection
expenses incurred in connection with approval and acceptance of the subdivision and the
plat, the preparation of this Agreement and any amendments hereto, and all costs and
expenses incurred by the City in monitoring and inspecting development of the Subject
Property.
B. The Developer shall hold the City and its officers and employees harmless from claims made
by itself and third parties for damages sustained or costs incurred resulting from plat or
subdivision approval and development of the Subject Property. The Developer shall
indemnify the City and its officers and employees for all costs, damages or expenses which
the City may pay or incur in consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement
of this Agreement, including engineering and attorney's fees. The estimated City fees of
$ 174,320 shall be deposited with the City at the time this Agreement is signed, and represent
the following estimates:
$ 79,050 Engineering Fees
$ 3,000 Attorney Fees
$ 23,250 5% City Fees
$ 480 Street Light Energy Cost
$ 2,640 Seal Coating
$ 65,900 County Road 38 Improvement Cash Deposit
$174,320
If the City fees exceed this estimate, the Developer shall pay the additional costs to the City
within 10 days of the request.
M
The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Agreement within thirty (30) days after receipt. If the bills are not paid on time,
6 Biscayne Pointe North
01/1/504
the City may halt development work and construction including, but not limited to, the
issuance of building permits for lots which the Developer may or may not have sold, until the
bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of
nine percent (9 %) per year.
E. The Developer shall pay all energy costs for street lights installed within the Subject Property
for 24- months at a cost of $5 /month/light. After that, the City will assume the energy costs.
F. The Developer will pay the cost of sealcoating the streets within the development at a cost of
$0.60 /SY. The sealcoating will be completed within two (2) years following wear course
placement.
19. Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time
of, execution of any plat by the City:
A. Park dedication fees in the amount of $ 52,800.
B. Geographic Information System (GIS) fees in the amount of $ 1,210.
C. Storm Sewer Trunk Area Charges in the amount of $ 44,377.50.
D. Sanitary Sewer Trunk Area Charges in the amount of $ 10,150.
E. Watermain Trunk Area Charges in the amount of $ 49,100.
Or such other amounts for such fees as in effect at the time of plat approval.
20. Developer understands that builders will be required to pay for the Subject Property the fees, charges
and assessments in effect at the time of issuance of building permits. The rates for each of these
items will be set according to the current rate structure at the time the building permit is received.
The fees, charges, and assessments in effect as of this agreement are:
A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current
rate is $1,350).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit
(currently at $510).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,125 /SAC unit).
D. Water Availability Charges per SAC unit (currently at $1,340 /SAC unit for single family
residential and multi - family residential).
21. Building Permits No occupancy permits shall be issued untie:
A. The site grading is completed and approved by the City.
7 Biscayne Pointe North
01/1/504
B. All public utilities are tested, approved by the City Engineer, and in service.
C. All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
E. All building permit fees are paid in full.
F. No early building permits will be issued.
The Developer, in executing this Agreement, assumes all liability and costs for damage or delays,
incurred by the City, in the construction of public improvements, caused by the Developer, its
employees, contractors, subcontractors, materialmen or agents. No occupancy permits shall be
issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the
City, unless otherwise authorized in writing by the City Public Works Director.
22. Developer's Default In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than 48 hours in advance. This Agreement is a license
for the City to act, and it shall not be necessary for the City to seek a court order for permission to
enter the land. When the City does any such work, the City may, in addition to its other remedies,
levy the cost in whole or in part as a special assessment against the Subject Property. Developer
waives its rights to notice of hearing and hearing on such assessments and its right to appeal such
assessments pursuant to Minnesota Statutes, Section 429.081.
23. Miscellaneous
A. The Developer represents to the City that the development of the Subject Property, the
subdivision and the plat comply with all city, county, metropolitan, state and federal laws and
regulations including, but not limited to: subdivision ordinances, zoning ordinances and
environmental regulations. If the City determines that the subdivision or the plat or the
development of the Subject Property does not comply, the City may, at its option, refuse to
allow construction or development work on the Subject Property until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Agreement
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is
for any reason held invalid, such decision shall not affect the validity of the remaining
portion of this Agreement.
E. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and costs resulting in delays in completion
8 Biscayne Pointe North
01/1/504
of public improvements and damage to public improvements caused by the City, Developer,
its contractors, subcontractors, materialmen, employees, agents or third parties.
F. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Agreement shall not be a waiver or
release.
G. This Agreement shall run with the land and may be recorded against the title to the property.
The Developer shall take such steps, including execution of amendments to this Agreement,
as are necessary to effect the recording hereof. After the Developer has completed the work
required of it under this Contract, at the Developer's request, the City will execute and
deliver to the Developer a release.
H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
the City, at law or in equity, or under any other agreement, and each and every right, power
and remedy herein set forth or otherwise so exciting may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of
the right to exercise at any time thereafter any other right, power or remedy.
1. The Developer may not assign this Agreement without the written permission of the City
Council.
24. Notices Required notices to the Developer shall be in writing, and shall be either hand delivered to
the Developer, its employees or agents, or mailed to the Developer by registered mail at the
following address:
Giles Properties, Inc.
P.O. Box 51
Elko, Minnesota 55020
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or
mailed to the City by registered mail in care of the City Administrator at the following address: City
Administrator, Rosemount City Hall, 2875 145 Street West, Rosemount, Minnesota 55068.
9 Biscayne Pointe North
01/1/504
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
CITY OF ROSEMOUNT
BY:
William H. Droste, Mayor
BY:
Linda Jentink, City Clerk
BY:
Its
BY:
Its
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of ,
2004, by William H. Droste, Mayor, and Linda Jentink, City Clerk, of the City of Rosemount, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by
its City Council.
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
2004 by , and
a , on behalf
of the said
Notary Public
Drafted By:
City of Rosemount
2875145th Street West
Rosemount, MN 55068
10 Biscayne Pointe North
01/1/504
EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Improvements that are
outlined in the Subdivision Agreement:
Grading & Erosion Control — A restoration and erosion control bond to ensure revegetation and erosion
control ($3,500 /acre). Note: The minimum bond amount is set at $25,000.
Pond Restoration/Erosion Removal - A security to allow for cleaning of sedimentation ponds prior to City
acceptance and removing any installed erosion control measures such as silt fence and woodfiber blanket
following development of 75 percent of adjoining lots (estimated Lump Sum).
Survey Monumentation — An amount equal to 110% of the cost to monument all lots within the
development.
Landscaping - An amount equal to 110% of the cost to complete the minimum required landscaping. If
additional landscaping is planned, a bond for that cost is not required.
Retaining Walls — An amount equal to 110 % of the cost to complete the retaining wall construction.
Street Lighting — An amount equal to 110% of the cost to complete the minimum required lighting. If
additional lighting is planned, a bond for that cost is not required ($4,000 per light has been used to calculate
this cost).
Buffer Monumentation — An amount equal to 110% of the cost to manufacture and install the necessary
buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this
cost).
Park Equipment - An amount equal to 110 % of the cost of improvements agreed upon to be completed in
the park areas.
Wetland Monitoring - An amount equal to 110% of the cost to hire a wetland specialist to monitor the
mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City.
Wetland Restoration/Mitigation —An amount equal to 110% of the cost to develop new wetlands should the
mitigation not be effective ($20,000 per acre of mitigation).
11 Biscayne Pointe North
01/1/504
i
y i
R�
�a
y •
O
H? a
Ta °
F
9
g
A
i
0 3 �
t
�tl 7
R
S ",
t
.s
5'
F" o
N g a
o^
F F
o'Q
a
F
3
5i o
,
m'
R
x
u
g
� �
8
i
r3
Q
o.
ou
t
a�
3
3 Q
d
"g
O p
�../
:
�
e
'°A
i
0
$g
g
4 ft Rte.
i
g
g
e
g,V l l
b
OR
i
y i
R�
�a
y •
O
6 Q
. R
E �
t F
4
Q
n c 3
A
i
a
4
H? a
Ta °
F
9
g
A
i
0 3 �
R
S ",
t
.s
5'
F" o
N g a
o^
F F
o'Q
a
F
3
5i o
,
m'
R
x
u
g
� �
8
i
r3
6 Q
. R
E �
t F
4
Q
n c 3
A
i
a
4
H? a
Ta °
F
9
Z
F" o
N g a
Rp
m'
r3
Q
o.
ou
t
a�
3
3 Q
d
6 Q
. R
E �
t F
4
Q
n c 3
A
i
a
4
L.l
J
7
_ R
�m
3
�t
q
•-i R
8 BIRCHWDDD 6
- AVENUE --
i
BPI
!p
6 i'c `$a
2 1 1 9 1
R
$1
SOO °pl'NT
N�
py
0 3
I
- -
-
� �i
•SCA ,�T
-
"p
I
L.l
J
7
_ R
�m
3
�t
q
•-i R
8 BIRCHWDDD 6
- AVENUE --
I �o
5
a
'
I
I /
i I I v JJ I
c
O
TT
i
BPI
!p
6 i'c `$a
2 1 1 9 1
R
$1
N�
�
I
I �o
5
a
'
I
I /
i I I v JJ I
c
O
TT
i
BPI
!p
6 i'c `$a
2 1 1 9 1
R
$1
N�
I �o
5
a
'
I
I /
i I I v JJ I
c
O
TT
BPI
N�
b
CR
Ye
y�
Y.aax c t LENENE � FmTZ x
u +s sa,wRt RATH �
-`x
BETTY —E mEL—O
I mi FnranELOS ROAD
LEGEND
GOPHER STATE ONE CALL
raowam Exlatwo rx- . :.:I -5.:
RICHi -Dl -env UNE W.. Toll Frtt S I - a.00• i_ " - 1'ti -
- _ SOUNDUIT LNE u
- - RROPEary UNE
— — — SETBAIX UNE �.�.�� u Q� 4 4
EnSEYENT UNE 9115 Ma°OrRES wC. .
1. a wr5
CM UNE YFa YM 33ara IM,N,ar ,NN UIk1)Y,
.ow (ru) HI -JN'r "SO—. , R[ SNORN RN,F j
d Nq r r/r ? [9v1 „Cr Awx .NafIPStW
r/I ? e�
. -e_7 aN : --- E7Jf>aEER /SU7VEYOlA
, ssaa, m rs ar • a
� •..:: �R � IR u[ � - -
' , $ su axS w.e ,N l3Jrr D ! F[tI ebM Nvp
•.J FxaYC (sss) ev.-xs o.nNaw sac aor unrs ag
�' - r,c (vu) r9. -sws umrss oNRRYSr wrulm
• <una ur w p � r a or Yxcs wuss ,°, $ � �I -
I >. (r�rN fiMT b0 ltt�'AIIPV�nT WSYAN � erSE maK,Rp w.• M C
LEat DESGRWnoN
Ue sa r a. R'6i Har er A g
ru.ol Ouster er
21. ra.xepp
! I I F e1e
lot
X81
' R h 1 3 1 a
ag yy
200135 , MCH M LO TD mNN¢ R -i 9E
$I 3 ' , 3 210 17910 St w. uN. LOT .0 D.00p s.F. Y.
nr(e SEtBnCNj: e0 IEET
uy -R YN
LOT NY1M (CORNER LOTy 95 FEET
F� FRONT WMAIX:
_- NEM � CK SO FEET
:
SO nE,
man N
,.m 10.00 AC. 0, 8
$I I rn U i LO u
I- I 1 Lxn•d'N1� f.OW TS:
TS /ACRE: 2.20 •�� R
L_ bC o 1 i
' �� ; �J + Vrls 1.— e1 INN peariny ,yetam N paua
$� i maa Nn $ `. tlr. SwN.ert OuwtN er 3.ctian 21. .-.0 I,S. A,
I �„ - to Nor N o,wm.0 p.arFy e1 N 59 E.
VtCINI1yY MAP
x i � R,aa0.a. 5apc m. Ro. se
°1 i °" { uses Oex9. u,RRrROS sm wx m �
- �i+` l. - _ �naL__ -_ - _SL9 =LL... cwc'. rosE a.• x e no • m nt Z
HO SO "IDF DD).N I
l uxrT MF +Nr.>):- `
' Ir . m r�is"
�
�-- a. Mr A Ca AD . L
rUIV.•FrS
W W
IRr O eR . r/r s ..,
SITE
(
a
NCminDE OEKLCaYFNT N tNt I f
i
-lV , , f_V r
_J
i I .SO E CWINn ROAp
D .. _
,(
Zo Q
- I
I
SECPON II, TOWNCHIP 115. RANGE 19
U J
m
m a
�t!•1 - - -_ ��D•
SHEET rq.
N FEET
�
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004-
A RESOLUTION APPROVING
A PRELIMINARY PLAT
FOR GILES PROPERTIES, INC.
WHEREAS, the Planning Department received an application for preliminary plat approval for a
single- family residential development on October 8, 2003 legally described as:
The North 661.53 feet of the West Half of the East Half of the Southwest Quarter of Section 21,
Township 115, Range 19, Dakota County, Minnesota.
WHEREAS, the October 8, 2003 application was incomplete and the Applicant was notified.
The required information was provided on November 5, 2003 and the Planning Commission of
the City of Rosemount conducted a public hearing on November 25, 2003 as required by
ordinance for the purpose of receiving public comment regarding the preliminary plat; and,
WHEREAS, the Planning Commission adopted a motion to recommend approval of the
preliminary plat with conditions; and,
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount does hereby
approve the preliminary plat for Giles Properties as revised on December 31, 2003 subject to the
following conditions:
1. Conformance with the requirements for final plat including execution of a subdivision
development agreement.
2. Park dedication in the form of cash prior to release of the final plat.
3. Provision of a cash deposit for the amount of $100 per linear foot for future
improvements for County Road 38.
4. Incorporation of recommendations from the City Engineer relative to drainage,
easements, grading, streets, utilities and plat revisions as specified in the attached memos
by the Project Engineer dated December 11, 2003 and January 14, 2004.
5. Basswood Street shall be numbered in accordance with the Dakota County street naming
standards.
6. Landscaping enhancements including 36 trees in conformance with the tree preservation
requirements shall be installed on the site. Said enhancements shall be prioritized to
screen County Road 38, and replace trees lost to grading. Furthermore, trees within the
preservation area shall be protected during the construction process in accordance with
the tree preservation requirements, or shall be replaced if damaged or otherwise affected
(including root compaction).
RESOLUTION 2004 -
7. Incorporation of recommendations by the Chief of Police including driveway turnarounds
for all lots fronting on Birchwood Avenue and Basswood Court relabeled Birdsong Court.
8. Approval of the Dakota County Plat Commission in conformance with the Contiguous
Plat Ordinance.
9. Completion of public infrastructure and streets in Biscayne Pointe Fifth Addition for
access and utility continuity through to Connemara Trail.
10. The house design for Lot 12, Block 2 shall be oriented with the garage on the north side,
closest to the pipeline easement.
ADOPTED this 20 day of January, 2004 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by:
Voted in favor:
Voted against:
Member absent:
Seconded by:
PLANNING COMMISSION MINUTES NOVEMBER 25, 2003
Public Hearing: Abbott Property Preliminary Plat
City Planner Pearson apprised the Commission regarding the preliminary plat for
Biscayne Pointe North. The development for the 10 -acre site is located south of
CR 38 and east of HWY 3 and will consist of 22 single family lots. It is zoned R-
1, low density residential and is in the Metropolitan Urban Service Area. The
developer has committed to abide by the tree preservation replacement
requirements.
John Anderson, representing Giles Properties, clarified there would be 2 trees
per lot, 4 trees per corner lot, plus 36 trees in this development.
Mr. Brotzler said the trail that is proposed on CR 38 would be constructed at the
time of the reconstruction of the road itself and the cost would be included in the
escrow.
There are three lots on the cul -de -sac that would be in need of variances.
Applicant asked for'direction if granting of those variances would be a possibility.
Chairperson Weisensel opened the public hearing. There were no comments.
MOTION by Weisensel to close the public hearing. Second by Messner. Ayes:
Zurn, Napper, Weisensel, and Messner. Nays: None. Motion carried.
The commissioners stated they were not in favor of any variances for this
development and expressed concerns with small lots.
MOTION by Messner to recommend that the City Council approve the
preliminary plat for Biscayne Pointe North subject to:
a. Conformance with the requirements for final plat including
executive of a subdivisions development agreement.
b. Park dedication in the form of cash at the time of Final Plat.
c. Revisions to the preliminary plat to eliminate lot dimensional
variances to lots 2, 3, 4, 5, 6 and 7, Block 2.
d. Provision of a cash deposit for the amount of $100 per linear foot
for future improvements for County Road 38.
e. Incorporation of recommendations from the City Engineer relative
to drainage, easements, grading, streets, utilities and plat revisions
as specified in the attached memo by the Project Engineer dated
November 14, 2003
f. Basswood Street shall be numbered in accordance with the Dakota
County Street naming standards.
g. Landscape enhancements including 36 trees in conformance with
the tree preservation replacement requirements.
•polneo uoiJow
auoN :sAeN •ujnZ pue `jaussaW `lesuesiaM `aaddeN :s9AV -ujnZ Aq puooaS
•lleJl
ejewauuoo of gBnogl A4!nuiluoo Appn pue sseooe aol uoillppy u:4l-4
al,ulod auAeos {8 ui slaaals pue ainjonalsealui oilgnd }o uoilaidwoo i
•eoueuipio jeld snon6lluoo aql yllnn
aouewJOIuoo ul uoisslwwOO leld Alunoo ejo�eo ayj 10 lenoiddy q
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JANUARY 20, 2004
give residents time to respond to this water conservation ordinance amendment prior to its
passage. Riley withdrew her motion. This will be considered at the February 3, 2004 City
Council meeting.
Biscayne Pointe North (Abbott Property) Giles Properties, Inc.
Community Development Director Lindquist presented the proposal from Giles Properties for a
ten acre parcel's development for 22 single - family homes. This property was formally owned by
Tollefson Development which had proposed a Planned Unit Development Plan. The current
proposal is very similar but includes more detail to assist in the review process. There are no
variance requests with this plan. This plan has additional landscape screening to the north and
more tree preservation. The lots will be custom homes with individual lot grading to allow the
best house design and lot use. There is a pipeline easement and a drainage pond on the parcel.
Council Member Riley questioned the smaller lot being at the entryway of the development. John
Anderson, the developer, noted that the pipeline easement restricted planting of trees and
placement of the house footprint. Council suggested placing the garage on the north side of the
home to insure the maximum of screening from CR38. Anderson said screening could be
provided with bushes rather than trees on Lot 12 Block 2 and there are 22 boulevard trees plus 46
additional trees ' proposed through out the development. Council asked how a new lot owner
would know of restrictions on the lots next to the pipeline easement. Attorney Norton said that
usually a home buyer hires an attorney of record at closing to disclose any title interests. The
developer, Mr. Anderson, noted that at the time of sale any lot restrictions should also be
disclosed.
MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE PRELIMINARY
PLAT FOR BISCAYNE POINTE NORTH subject to conditions and an additional condition
for Lot 12 Block 2 to place the garage on the north side of the lot. Second by Shoe - Corrigan.
Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried.
Announcements
City Administrator Verbrugge noted a change for the Key Financial Strategies meeting that was
to be held on January 28, 2004. That will be held with the Committee of the Whole meeting on
February 11, 2004 beginning at 6:00 p.m., one -half hour earlier than normal
Mayor Droste reviewed the upcoming meetings noting the following special meeting: Trails and
Pedestrian Improvements Informational Meeting on January 29, 7:00 p.m to 8:00 p.m. at the
Community Center. Also noted was the Downtown Redevelopment Committee Open House on
February 5, 5:30 p.m. to 8:00 p.m. at the Community Center Auditorium.
Mayor Droste moved to adjourn the meeting at 8:32. p.m. Second by Riley. Ayes: Five.
9
C 0 U N T Y
February 12, 2004
City of Rosemount
Attention Andrew Brozier
Surveyor's Office 2875 145` Street W
Dakota count Rosemount MN 55068-0510
Western Service Center
14955 Galaxie Avenue
Apple Valley, MN 55124 Re: BISCAYNE POINTE NORTH
952.89 1.7087 The Dakota County Plat Commission met on February 9, 2004, to consider the preliminary plat of
Fax 952.891.7097 BISCAYNE POINTE NORTH. Said plat is adjacent to County Road 38, and is therefore subject
www.co.dakota.mn.us to the Dakota County Contiguous Plat Ordinance.
Restricted access is shown along County Road 38, except for one 60-foot opening. The plat
dedicates 50 feet of half right of way; however, the plat must dedicate 55 feet of half right of way
for this rural section of County Road 38. Currently, County Road 38 consists of a gravel two-lane
road east of STH 3. There are concerns regarding the projected ADT and the future right of way
needs due to development and increased traffic. The Plat Commission is requesting information
from the City of Rosemount on the directional distribution of generated traffic for all current
planned developments along County Road 38, east of STH 3.
The Plat Commission would approve this plat as a preliminary, but would like the City of
Rosemount's comments regarding right of way needs and future development along County Road
38, east of STH 3.
Traffic volumes on County Road 38 are 820 and are anticipated to be 7300 ADT by the year 2025.
These traffic volumes indicate that current Minnesota noise standards for residential units could be
exceeded for the proposed plat. Residential developments along County highways commonly
result in noise complaints. In order for noise levels from the highway to meet acceptable levels for
adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation
elements should be incorporated into this development.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the
County Recorder's Office. The Plat Commission does not review or approve the actual
engineering design of proposed accesses or other improvements to be made in the right of way.
The Plat Commission highly recommends early contact with the Transportation Department to
discuss design features of any construction in public right of way. The County Transportation
Department permit process reviews the design and may require construction of highway
improvements, including, but not limited to, turn lanes, drainage features, limitations on
intersecting street widths, allowance and size of medians, etc.
Sincerely,
Todd B. Tollefson
Secretary, Plat Commission
X%