HomeMy WebLinkAbout6.o. Developers Checklist CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: MAY 16, 2000
AGENDA ITEM: Developers Checklists AGENDA SECTION:
Consent
PREPARED BY: Thomas D. Burt, City Administrator AGENDA NO. /' �.
C.O
ATTACHMENTS: Checklists APPROVED BY:
6
Part of my performance standards was to identify the checklists staff currently uses when
working with developers. This information was reviewed at the May 10, 2000 worksession and
City Council directed staff to present the items for City Council adoption of the procedures
currently in place. These checklists will be modified from time to time and City Council will be
made aware of any changes prior to implementation.
RECOMMENDED ACTION: Motion to acknowledge the attached Developers Checklist as a City
Council accepted procedure.
COUNCIL ACTION:
<
CITY OF ROSEMOUNT
EXECUTIVE SiT�VIMARY FOR DISCUSSION
COMNIITTEE OF THE WHOLE MEETING DATE: May 10,2000
AGENDA ITEM: Developers Checklist
PREPARED BY: Thomas Burt, City Administrator;
Rick Pearson, City Planner �� � � �
ATTACHMENTS: Currently used checklist forms for various
applications or processes
The city issues a variety of specialized checklists to developers prior to applications based upon
the type of project. Of course, this is to the benefit of developers who take the time to visit staff
at a pre-application meeting, which is always encouraged. At that time, staff tries to anticipate
issues and discuss strategies to cope with controversy, or variances. Sometimes, developers
submit applications without meeting with staff ahead of time,preferrin�to embark on the
required process because they trust their own interpretation of ordinances and standards. In
other cases, the developer has a high level of confidence in their proposal and expect that it
should be approved on its own merits and some of the city standards should be inelevant.
Currently used checklists are derived from ordinance based requirements for submissions, or
commonly standards based upon policies. The intent is to have all of the required technical
information attached to an application necessary to conduct a thorough review.
Site plans are usually the least complex with a one-page checklist. In contrast, a PUD,which
includes a subdivision, can be very complex with many pages devoted to the multi-tiered
process. Often times, staff will have to work with a developer to specify the required
information based upon the individual project. In some cases,particularly at concept level, some
departments ask for as much information as possible in order to anticipate(and solve)problems
or constraints to development. However, the basis for the concept review is to discuss the merits
of the idea, with the anticipation of working out details later on. Therefore,a checklist would be
brief or unnecessary.
RECOMMENDED ACTION:
Intended for discussion only.
COUNCIL ACTION:
SITE PLAN REVIEWriND PUD FI1V.-iL DEYELOP_ti�ENT�i:�1Y.iPPLIC�TTON
CHECKLIST '
The following items are required information that must accompany a completed application form
and fee in order to be reviewed by the Planning Commission_ Failure to provide any of the
� required information may result in rejection of the application as an incompiete submission.
_A. Title or description of proposed project including le�al description of property.
B. Name of person(s) preparing and presenting the site plan information, name and address of �
owner/developer. The Site Plan must also contain the scale, north point, date and number
of streets.
_C. Location of the property with respect to and including names and addresses of adjacent
landowners (required for the public notice mailins)within 350 feet (minimum). The site
plan must also include information regardin�uses, streets, highways, raiIroads, easements
or other landmarks.
D. Existing topography shown on a contour map havin;contour intervals no greater than
two feet (2'), which must include e�cistin�buildin�s, structures, improved surfaces,
transmission lines, existin� and abandoned pipelines and pipeline easements, fences, septic
systems and drain fields, vegetation, streams, wetlands and other water bodies.
E. Existing draina�e pattern of the site showing direction and the rate of storm water flow,
including all offsite areas drainin�to the subject properry and the final destination of flow.
F. A description of soils.
_G. The proposed size, alignment, hei�ht, building materials and use of structures, signs, or
work performed, including all sian, lot and structure dimensions.
H. A description of driveways, sidewalks and parkina facilities, including a description of the
type and quantity of surfacing materials.
I. A grading plan at two foot (2') contour intervals and a description of the change in grade
as it relates to structure location, other lot improvements, adjacent properties, drainage
control and proposed rate of storm water runoff
J. A scaled landscape plan showing the location, size, quantity and type of landscape
materials to be used and an explanation of any existing vegetation that may be disturbed,
removed or replaced.
K. A tree inventory as required by the tree preservation ordinance.
L. A description of the availability and access to required public utilities.
M. A description of the method waste treatment to be utilized and an analysis of the
wastewater flows generated from the development
N. An erosion control plan which may be necessary to prevent erosion during construction or
after project completion.
_O. A description of lot lighting or extraordinary illumination projecting from a structure.
P. A description of the levels of noise, vibration, glare, smoke, odor, waste or other
emissions generated and the methods employed to contain or control such emissions.
_Q. A site plan showing total area of property/plat, dimensions, impervious area, and area of
ponding easements (if any).
R. Other information pertinent to the particular application which in the opinion of the City
or applicant may be necessary for review of the project.
FEBRUARY 1996 �
�PUBLIC WORKS/ENGINEERING DEPARTMENT
SUBMITTAL CHECKLISTS
FOR
DEVELOPMENT APPLICATIONS
The Public Works/Engineering Department of the City of Rosemount requires that specific
information be submitted with each application in the development review process. The following
checklists summarize submittal requirements during various stages of the development process.
The Public Works/Engineering Department requests that the checklists be utilized during the
following stages of development review:
I. PUD "Concept Application"
II. Preliminary Plat Application
III. Final Plat Application
Submittal Checklists February 1996 1
I PUD "CONCEPT PLAN" APPLICATION
� A. GradinglErosion Controi Pian
For proposed subdivision and adjacent land within 200' unless noted otherwise:
1. Proposed plat name.
2. Vicinity map.
3. Legal description.
4. Names, addresses and telephone numbers of owner, developer, surveyor andlor
engineer and contact person.
5. The direction North will be oriented either up or to the right.
6. Scale of 1" = 50' or 1" = 100' and all sheets shall be 22"x 34". Note that a scale of
1" = 50' is required for preliminary plat application.
7. Preparation date and all revision dates.
8. Proposed plat boundary line.
9. Plat names and block, lot and outlot boundaries for adjacent platted property.
10. Full Property Identification Numbers for adjacent unplatted property.
11. Plans designed and signed by a Civil Engineer or Land Surveyor registered in the
State of Minnesota.
12. Show location and indication of demolition or relocation of existing structures.
13. Show existing and/or abandoned drain fields, alternate drain fields and wells.
14. Show proposed drain fields, altemate drain fields and wells.
15. Existing contours shall be at 2' or 1' intervals to mean sea level datum (dashed lines).
Contours shall extend beyond the proposed plat boundaries 200' or more to
: completely show the limits of drainage basin(s) not fully contained within the
proposed plat limits.
16. Proposed contours shall be at 2' or 1' intervals to mean sea level datum (solid lines).
17. Lot corner elevations and bench mark(s) utilized.
� Submittal Checklists Febniary 1996 2
18. Show ponds, wetlands, lakes, streams or marshes. -
a. Show City of Rosemount 's most recent Storm Water Management Plan
watershed number, NWL and HWL for ponds.
b. Show OHWL elevation and DNR pond number if applicable.
c. U.S. Fish & Wildlife classification if applicable.
d. Storage volume proposed.
e. Drainage area boundaries.
19. Show existing and proposed building and driveway footprints.
20. Show lowest floor elevations. Verify that HWL of adjacent outletted ponds are 2'
lower than the lowest floor elevations of affected structures. Verify that HWL of
adjacent landlocked ponds are 5' lower than lowest floor elevations of affected
structures.
21. Show proposed erosion control.
22. Show emergency overflow routes from all low points and show elevation of high point
along emergency overflow route. Show directional flow arrows.
23. Show removal of all trees and brush.
24. Show or define access routes for maintenance purposes to all inlets, outlets,
manholes and lift stations at ponding areas .
25. Show limits of clearing and grading.
26. Show 10-year and 100-year design drainage boundaries. Show acreage of each
drainage area/watershed.
27. Conforms with City Comprehensive Plans.
28. Show existing underground and overhead utilities and easements.
Submittal Checklists February 1996 3
Ii. PRELIMINARY PLAT APPLICATION
A. Grading/Erosion Control Plan
For proposed subdivision and adjacent land within 200' unless noted otherwise: �
1. Proposed plat name.
2. Vicinity map.
3. Legal description.
4. Names, addresses and telephone numbers of owner, devefoper, surveyor and/or
engineer and contact person.
5. The direction North will be oriented either up or to the right.
6. Scale of 1" = 50' and all sheets shall be 22"x 34".
7. Preparation date and all revision dates.
8. Proposed plat boundary line.
9. Plat names and block, lot and outlot boundaries for adjacent platted property.
10. Full Property Identification Numbers for adjacent unplatted property.
11. Plans designed and signed by a Civil Engineer or Land Surveyor registered in the
State of Minnesota
12. Show location and indication of demolition or relocation of existing structures.
13. Show existing and/or abandoned drain fields, alternate drain fields and wells.
14. Show proposed drain fields, alternate drain fields and wells.
15. Existing contours shall be at 2' or 1' intervals to mean sea level datum (dashed lines).
Contours shall extend beyond the proposed plat boundaries 200' or more to
completely show the limits of drainage basin(s) not fully contained within the
proposed plat limits.
16. Proposed contours shall be at 2' or 1' intervals to mean sea level datum (solid lines).
17. Lot corner elevations and bench mark(s) utilized.
Submittal Checklists February 1996 6
18. Show ponds, wetiands, lakes, streams or marshes.
a. Show City of Rosemount 's most recent Storm Water Management Plan
watershed number, NWL and HWL for ponds.
b. Show OHWL elevation and DNR pond number if applicable.
c. U.S. Fish & Wildlife classification if applicable.
d. Storage volume proposed.
e. Drainage area boundaries.
19. Show existing and proposed building and driveway footprints.
20. Show lowest floor elevations. Verify that HWL of adjacent outletted ponds are 2'
lower than the lowest floor elevations of affected structures. Verify that HWL of
adjacent landlocked ponds are 5' lower than lowest floor elevations of affected
structures. �
21. Show proposed erosion control.
22. Show emergency overflow routes from all law points and show elevation of high point
along emergency overFlow route. Show directional flow arrows.
23. Show removal of all trees and brush.
24. Show or define access routes for maintenance purposes to all inlets, outlets,
manholes and lift stations at ponding areas .
25. Show limits of clearing and grading.
26. Show 10-year and 100-year design drainage boundaries. Show acreage of each
drainage area/watershed.
27. Provide hydrologiclhydraulic calculations for 10 and 100 year storms.
28. Provide detailed hydrologicJhydraulic calculations verifying location and capacity
adequacy of all overland drainage routes.
29. Grading permit.
30. NPDES permit.
31. Conforms with City Comprehensive Plans.
32. Show existing underground and overhead utilities and easements.
Submittal Checklists February 1996 7
FIN� �EVELOPMENT PLAN AYD SUPPORTIVE INFORMATION(REZONING)
The following information is required for development at the time rezoning is requested:
Legal descriptions for the area to be rezoned and for areas to be dedica�ed to the City as
public park or open space land.
Zoning classification existing and proposed.
Detail site plan showing:
Dimensions
Structures
Parking Layout
Streets and Walkways
Common open space and recreation facilities
Densities and other bu�din� dimensions and computations
Examples of intended deed restrictions pertaining to open space maintenance, operation,
including proposed . Corruriitmerns been made in writin�to impose such restrictions.
Draft examples of homeowners agreements provided.
Architectural drawings submitted showina elevations, schematic floor plans, building
massing, building materials, housing unit relationships, etc.
Completed landscape plan showina types, quantity, size and location ofplant materials.
Construction schedule and phasing plan showing the estimated start and finish of
construction and occupancy dates.
For non-residential uses, aze there adequate descriptions of the character of the use to be
made of the land and structures including storage, waste emissions and disposal, bu�ding
activities, etc.? Have the uses to be accommodated in the bu7ding been spelled out in
terms of o�ce, commercial, storage, manufacturing, warehousing, etc., and including the
amount of floor area dedicated to each use.
Descn'be street materials, paving surface, curb and gutter, and street�ting considered and
commitments made.
Liaht plan showing intensity of�lumination(as required).
Sign plan including complete deta�s of and signage for project inciudmg wail and fres
stauding and on sight directional
' MEMO
TO: Developers and Land Surveyors
FROM: City of Rosemount
DATE: March 16, 1999
RE: . City Copies of Plat
To complete the final plat process,the City requires ail developers to submit copies of the Cour�ty-approved plat that is being
recorded. The City must receive and signature plat copies before street and uU'Gty construction can begin or building permits
are issued. The following copies are needed for City records:
(1) One plat set for Cit�r signat�ues on 20"x 30"Mylar sheet(s)with the foll�owing additional mformation included on the
plat:
(a) "City Copy-Not Offiaai Copy'and date(month 8�year)labeled at the top of each sheet
(b) Street names as assigned by the Ciry
(2) One plat set(do not include a separate signature sheet or lot survey data)on 20'x 30" Mylar sheet(s)with the
, following additional information included on the plat:
(a) "City Copy-Not Offiaal Cop�'and date(month&year)labeled at the top of each sheet
(b) Street names,blodc numbers,and lot numbers
(c) Addresses assigned by the City shown on each individual bt
(3) One plat set(do not include a separate signature sheet or lot survey data)on 20'x 30"Mylar sheet(s)with the
following addi6onal information included on the plat:
(a) "City Copy-Not Offiiaal Cop}�'and date(month 8�year)labeled at the top of each sheet
(b) Street names,blodc numbers,and lot numbers
(c) Square footage of each lot,outlot,and park shown on each individual lot or in tabular form
(d) Areas to the hundredths of an acre for right-of-ways,easements for ponding purposes,and the entire plat
(e) Setback line and each lots front footage at setback
(4) One plat set(do not include a separate signature sheet or lot survey data)on 11'x 17"Mylar sheet(s)with the
following additional information included on the plat
(a) "City Copy-Not Official Cop�'and date(month 8�year)labeled at the top af each sheet
(b) Street names,blodc numbers,and lot numbers
(c) Addresses assigned by the City shown on each individual bt
(5) One plat set(do not include a separate signature sheet or lot survey data)on 11'x 1T Mylar sheet(s)with the
following additional information included on the plat
(a) "Not Official Copy-City Copy'and date(monih&year)labeled at the top of each sheet
(b) Street names,bbdc numbers,and lot numbers
(c) Square footage of each lot,outlot,and parlc shown on each individual lot or in tabular form
(d) Areas to the hundredt�s of an acre for right-of-ways,easements for ponding purposes,and the entire plat
(e) Setback line and each lots front footage at setback
Please be advised that the City will not release the final plat for recording until receipt of the above copies.
paa,,,o.woa
SPECIFICATIONS FOR SURVEYS �
REQUIRED INFORMATION FOR LOT SPLITS AND METES &BOUNDS SURVEYS
The survey shall be cleazly and legibly drawn at a scale of one inch equals one hundred(100)
feet, or larger,prepared by a professional land surveyor registered in the State of Minnesota, and
shall contain the following information:
a. Title of the proposed subdivision.
b. Names and addresses of the owner, subdivider, surveyor or engineer preparing the survey.
c. Legal description and property identification number(PID).
d. Graphic scale,north arrow, date of preparation; location of the subdivision by section,
township and range.
e. The names of abutting subdivisions and boundary or property li.nes of adjoining
subdivided or unsubdivided lands.
f. Boundary line survey.
g. Total acreage(acreage or square footage of individual lots in subdivision,rights-of-way
and ponding easements).
h. Location of existing easements, streets, utilities, structures, section lines, and corporate
lines within and adjacent to the proposed subdivision and including recorded document
numbers.
i. If a replat, the original lot and block arrangements shown in dotted or dashed lines. �
j. Streets, street names,right-of-way and roadway widths.
k. Locations of all alleys,pedestrian ways, sidewalks and trails, and utility easements.
l. Layout,numbers and dimensions of all lots,blocks, outlots or parcels to be subdivided.
m. Areas intended to be dedicated or reserved for public use.
n. Minimum front and side street setback lines as required by the City of Rosemount Zoni.ng
Ordinance.
o. High water(100 year flood elevation) and flood plain boundaries where appropriate.
p. The location of all monuments.
q. Signature of a registered land surveyor.
r. Certification by the owner or owners and by mortgage holders.
s. A topographic map at the same scale as the survey showing proposed lot lines, existing
and proposed topography, street centerline grades,water courses,marshes, vegetation and
other significant features.
t. Soil absorption tests where septic tanks are proposed, in accordance with the City I.S.T.S.
requuements.
u. Utility plans for water, sanitary and storm sewers and drainage and including the
proposed location, gradient and size of such proposed sewer and water lines.
v. A drawing indicating plans for the development of adjacent areas, if the proposed
subdivision is a portion of a larger holding area intended for subsequent development.
.
. DEVELOPMENT CHECKLIST
PLAT NAME City Project No.
DEVELOPER NAME &
ADDRESS _ '
CONTACT PERSON
PHONE NO.
A PRIOR TO ISSUING GRADING PERMITS APPROVED DATE
BY
1. Grading Plans reviewed and approved by Public Works
2. Grading Permit & Plan Review Fees submitted to Building
Department
3. Performance Bond submitted to Building Department
(May be part of B1, but must still be submitted)
4. Preliminary Plat Approved (if required)
5. Grading Contractor to be licensed
B PRIOR TO ISSUING "NOTICE TO PROCEED" FOR UTILITIES ON APPROVED DATE
PUBLIC IMPROVEMENT PROJECTS gy
1. Final Plat & Development Contract approved by Planning
Commission and City Council
2. Development Contract signed and submitted to Planning
Department
3. Letter of Credit submitted to Planning Department
4. Final Plat recorded at City and County
5. Final grading checked by Registered Surveyor and submit[ed
and approved by City Engineer
6. Park Dedication issues resolved; cash submitted
C PRIOR TO ISSUING BUILDING PERMITS APPROVED DATE
BY
1. All of "B" above
2. Utilities tested and approved by City Engineer and in-service
3. Minimum one (1) lift of bituminous installed and approved by
City Engineer
4. Lots surveyed & staked by surveyor
5. Addresses/PID Numbers for complete development must be
submitted to Finance, Building & Public Works Departments
6. All contractors licensed per City Ordinance
7. All required submittals per Building Department Review Policy
submitted, reviewed and approved per applicable codes. All
permit fees paid.
8. All required escrows (landscape, grading, etc.) submitted to
City.
� CITY OF ROSEMOUNT
EXECUTIVE SUIVIMARY FOR ACTION
CITY COUNCIL MEETING DATE: MAY 16, 2000
AGENDA ITEM: Modification to the Tax Increment Financing AGENDA SECTION:
District Public Hearing
PREPARED BY: Thomas D. Burt AGENDA NO.
City Administrator /�
�
ATTACHMENTS: Resolution, Plan APPROVED
This agenda item is continued from the last meeting. Staff recommends approval of the Resolution.
May 2, 2000 Citv Council Meeting
The Public Hearing this evening is to consider amending the Ta�c Increment Financing District to
increase the level of debt for the project area. The reason the increment or debt level needs to be
adjusted is to accommodate future expansion of public improvements.
Representatives from Ehlers and Associates, Inc. will be present to answer any questions you may have.
RECOMMENDED ACTION: MOTION TO APPROVE A RESOLUTION ADOPTING THE
MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE BUSINESS
PARK TAX 1NCREMENT FINANCING DISTRICT.
COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MI�u'�1ESOTA .
RESOLUTION 2000-
A RESOLUTION ADOPTING THE MODIFCAT'ION
TO TI-�TAX INCREMElV'T FINAl�'CING PLAN FOR THE
BUSINESS PARK TAX INCRED��NT FPIANCING DISTRICT
BE IT RESOLVED by the City Council (the "Council") of the City of Rosemount, Minnesota
(the "City"), as follows:
Section 1. Recitals
1.01. The City Council and the Port Authority for the City have heretofore adopted a
Development Program for Development Disti-ict No. 1 and adopted a Tax Increment
Financing Plan for the Business Park Tax Increment Financing District.
1.02. It has been proposed that the City adopt a Modification to the Tax Increment Financing
Plan for the Business Park Tax Increment Financing District, all pursuant to and in
accordance with Minnesota Statutes, Sections 4b9.001 through 469.047, inclusive, as
amended, and Minnesota Statutes, Sections 469.174 to 4b9.179, inclusive as amended (the
"Act"). Generally, the substantive changes to the plan include an increase and modificarion
to the budget to account for additional tax increments due to the addition of a new project
and to authorize the issuance of an additional $3,000,000 in bonds.
1.03. The Council has investigated the facts and has caused to be prepared the Modification to
the Tax Increment Financing Plan of the Business Park Tax Increment Financing District
(the "Modification").
1.04. The City has performed all actions required by law to be performed prior to the adoption
and approval of the proposed Modification, including, but not limited to, notification of
Dakota County and School District No. 196 having taxing jurisdiction over the property
to be included in the Business Park TIF District, a review of and written comment on the
Modification by the City Planning Commission, and the holding of a public hearing upon
published notice as required by law. -
1.05. Pursuant to Minnesota Statutes, Section 469.177, Subd. 3, the Council previously chose
to calculate fiscal disparities by clause b.
Section 2. Findings for the Approval of the Modifications
2.01. The Port Authority is not modifying the boundaries of Development District No. 1 nor the
Development Program therefor.
,�
RESOLUTION 2000 - ...........
2•U2• The Por�Authority is not modifying the boundaries of the Business Park Tax Increment
Financing District but is only modifying ihe Ta�c Inc��ent Financing Plan to increase the
budget to account for additional tax increments due to the addition of a new project and to
authorize the issuance of an additional $3,0OO,Opp in bonds.
� 2.03. The Council reaffinns its original findings for the Business park Tax Increment Financing
District as modified herein, namely that the Business park Tax Increment Financing
District is in the public interest and is an "ec,onomic development district" under
Minnesota Statutes, Section 469.174, subd. 12 and that the proposed development would
not occur solely through private investment within the reasonably foreseeable future and
therefore the use of tax increment financing is deemed necessary, the Modification
conforms to the general plan for the development or redevelopment of the City as a whole,
and that the Modification will afford maximum oppor�.��, consistent with the sound needs
of the city as a whole, for the development of Development District No. 1 by private
enterprise.
2.04. The reasons supporting these findings are that private investment will not finance these
development activities due to prohibitive costs, and therefore it is necessary to finance
these redevelopment activities through the use of tax increment financing so that other
development by private enterprise will occur withi.n Development District No. 1; the
Business Park Tax Increment Financing District is properly zoned; the Modification to the
Tax Increment Financing Plan conforms to the City's comprehensive plan for
redevelopment and development; and the development activities are necessary so that
development and redevelopment by private enterprise can occur within Development
District No. 1.
Section 3. Public Purpose
3.01. The Council hereby finds that the Modification conforms in all respects to the requirements
of the Act and are intended and, in the judgement of this Council, the effect of such actions
will be to help fulfill a need to develop an azea of the City which is already built up, to
provide employment opportunities, to improve the tax base and to improve the general
economy of the State and hereby serves a public purpose.
Section 4. Annroval of the Modification• F�7in�
4.01. The Modification to the Tax Increment Financing pian for the Business Park Tax Increment
Financing District is hereby approved, and shall be placed on file in the office of the
Community Development Director. Approval of the Modification does not constitute
approval of any project or a Development Agreement with any developer. f
�
;
4•02 The staff of the City is authorized to file the Modificarion with the Commissioner of �
Revenue and the Dakota County Auditor.
2
• ► -
RFSOLUI'ION 2000 - ...........
4.03 The staff of the City, the City's advisors and legal counsel are authorized and directed to
proceed with the implementation of the Modification and for this purpose to negotiate,
draft, prepare and present to this Council for its consideration all further plans,
resolutions, documents and contracts necessary for this purpose.
ADOPTED this 2nd day of May, 2000,by the Rosemount City Council.
Cathy Busho, Mayor
ATTEST:
Linda J. Jentink, City Clerk
CERTIFICATION
I hereby certify that the foregoing is a true and correct copy of a resolution presented to and
adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the
2nd day of May, 2000, as disclosed by the records of said City in my possession.
(SEAL)
Linda J. Jentink, Rosemount City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
3
�
" " Draft as ofApril4, 2000
Draft for Planning Commission Review
MODIFIED TAX INCREMENT FINANCING PLAN
FOR
THE ROSEMOUNT BUSINESS PARK
TAX INCREMENT FINANCING DISTRICT
(an economic development district)
ROSEMOUNT PORT AUTHORITY
CITY OF ROSEMOUNT
DAKOTA COUNTY
STATE OF NIINNESOTA
Public hearing: March 6, 1996
District Fstablished:March 6, 1996
1#Modification Public Hearing:May 1,2000
l�Modification Adopted:
Prepared by:
EHLERS AND ASSOCIATES,INC.
3060 Centre Pointe Drive
Roseville,Minnesota 55113
Phone: (651)697-8500
Fax: (651)697-8555
E-mail: info@ehlers-inc.com
Web Site: www.ehlers-inc.com
. ,
TAX INCREMENT FINANCING PLAN -- ` ��
�;:;.;:s:;=-
FOR TT�ROSEMOUNT BUSINESS PARK TAX INCREMEN-r DISTRICT -: '� ;,"`�:
� _,.f_ ,_
�:°; .�
Subsection 1.1 Forward = -- --
_J--
The City,staffand consultants have prepared the following information to expedite and create the Rosemount
Business Park Tax Increment Financing District,an economic development tax increment financing district,
in Redevelopment Project No. 1.
(As Modified May l,2000)
The Taa Increment Financing Plan for the Rosemount Business Park Taa Increment Financing
District is being Modified to incorporate an addition project. Generally,the substantive changes to
the plan include an increase and modification to the budget to account for additional taa increments
due to the addition of a new project and to in authorize the issuance of an additional �3,000,000 in
bonds. The additional fiscal implications dne to the new proposed project are stated in Subsection
1.14.
Subsection 1.2. Statutorv Authoritv
Within the City of Rosemount(the"City")there exist areas where public involvement is necessary to cause
development or redevelopment to occur. To this end,the Rosemount Port Authority(the "Authority")has
certain statutory powers pursuant to Minnesota Statues, Sections 469.174 through 469.179, inclusive, as
amended(the"Tax Increment Financing AcC'or"TIF Act")to assist in financing public costs related to this
project.
Below is the Tax Increment Financing Plan(the"Plan")for the Rosemount Business Pazk Tax Increment
Financing District(the"District"). Other relevant information is contained in the Redevetopment Plan for
Redevelopment Project No. l,as most receatly modified on December 20, 1994.
Subsection 13. Statement of Objectives
The District currently consists of 2 parcels of land. Present plans on the site primarily include,but are not
necessarily limited to, land acquisition,site improvements and road improvements.
The District is expected to achieve many of ti�e objectives set forth in the Redevelopment Plan in regard to
land use. They include, but are not limited to:
1. Enhance the tax base of the City and the State.
2. Protnote and secure additionalemploymentopportunities within the Redevelopment Project
and for the City residents of the City and the surrounding area, thereby improving living
standards, reducing unemployment and the loss of skilled and unskilled labor and other
human resources in the City. ;
. ;
3. Encourage the expansion of local businesses.
1
�
I
Cay otRosema,nt ►bd6ed'fIF Pfan far sus�amt Butinea Pat�Discia
1
Subsection 1.4. Devela�ment Program Overview . - , . •
-.y. - .i . .::��:-•i`
1. Property to be Acquired - All property located within the District is.,., . , ,
currently owned by the Rosemount Port Authority. . , .
2. Relocation - Complete relocation seryices are available pursuant to
Minnesota Statutes,Chapter 117 and other relevant state and federat laws.
3. Upon approval of the develope�'s plan relating to the project and
completion of the necessary legal requirements,the Authority may sell to
the developer selected properties within the District or may lease land or
facilities to the developer.
4. The Authority may perform or provide for some or all necessary
acquisition,construction,relocaiion,demolition,and required utilities and
public streets work within the DistricL
Subsection 1.5. Leeal Description of Propertv ofthe Rosemount Business Park Tax Increment FinancinQ
District
The District encompasses all property and adjacent rights-of-way identified by the parcel identification
number listed below:
PID No.34-64550-010.00
PID No.34-64550-010-01
(As Modified May 1,2000)
This Modification is not increasing the boundaries of the Rosemount Business Park Taa Increment
Financing Distric� However, since the District was certified on April 29, 1996, the parcels in the
Rosemount Business Park Tax Increment F'mancing District have been subdivided. The current
parcel identification nambers are listed beloW.
Parcel Nnmbers•
34-b4550-010-01
34-64551-010-00
34-64551-020-00
34-64551-010-01
34-64551-020-01
34-64551-030-01
Subsection 1.6. Classification of the Rosemount Business Park Tax Increment Financins District
The Authority and City,in determining the need to create a tax increment financing district in accordance
with Minnesota Statutes,Section 469.174 to 469.179,inclusive,find that the District to be established is an
economic development district pursuant to Minnesota Statutes,Section 469.174,Subdivision 12,as defined
below:
"Economic Development District"mecros a type of taz increme»t financing district which
Gry oC Rosemamt Modified 1'ff Plan for R�o�t Ba�ea Part TIF Disaict 3
consists oJa�ry�rojecl, or portio»of a project, not meeting the requirements found in!he' __ : �
definition ofredevelopment district,renewal and renovationdistrict,soils condition district,
irrined undergrorard space district, or housing district, but which the authority finds to be
in the public interest because: ,
(1) it will discourage commerce, industry. or manufacturing from moving
their operatiorrs lo another state or municipality;or � .
(2J it will result in increased employment in the state;or = �
(3) it will result in prese�vation and enhancement of the tax base of the
state.
The District consists of 2 parcels,approximately 54 acres of develop able area. The project is expected to
increase employment in the state and enhance the tax base of the City and the State.
Revenue derived from tax increment from an economic development district may not be used to provide
improvements, loans,subsidies,grants, interest rate subsidies, or assistance in any form to developments
consisting of buildings and ancillary facilities, if more than 15 percent of the buildings and facilities
(determined on the basis of square footage)aze used for a purpose other than:
(1) the manufacturing or production of tangible personal property, including processing
resulting in the change in condition of the property;
(2) warehousing,storage,and distribution of tangible personal property,excluding retail sales;
(3) research and development related to the activities listed in clause(1)or(2);
(4) telemarketing if that activity is the exclusive use of the property;
(5) tourism facilities;or
(6) space necessary for and related to the activities listed in clauses(1)and(5).
Subsection 1.7. Propertv to Be Acquired
The City of Rosemount Port Authority currently owns all property within the District including interior and
adjacent street rights of way.
Subsection 1.8. Estimate of Costs �
Currently under consideration for the Rosemount Business Pazk Taac Increment Financing District is a
proposal to aid in the developmentofvarious manufacturing/industrial projects.The Authority has previously
issued bonds for land acquisition in the amount of$580,000 and for public improvements in the amount of
S 1,630,000. In order to make development of the land feasible,the Authority has determined that it will be
necessary to fmance payment of such bonds in part with tax increments from the District rather than with
land sale proceeds and special assessments. It is assumed that there will be a need for an additional
S 1,700,000 in public costs by the time the project is completed. Fstimates of cost within the District aze
subject to change. No more than 20 percent of the tax increment paid by property within the District will
be spent on activities related to public improvements outside the boundaries of the District but within the
boundaries of Redevelopment Project No.l(including administrative costs,which are considered to be spent
outside of the District).
c�r�r��e ►�s�a�re.s���r s��e�t��n��
- 4
- (As Modified May 1,2000) ' ��
Following is the Modification to the budget. The increase in public improvement is for the increase
in costs for road construction. The budget is also being modified to reflect the authorization for bond
issnance.
Qnalified Costs As adopted 3/6/96 As Modified 5/1/00 Total � �
Land Acquisition 5580,000 $0 $580,000
Public Improvements $3,330,000 $3,000,000 $6,330,000
Contingency $195,000 $0 $195,000
Bond Principal $2,280,000 $3,000,000 $5,280,000
Bond Interest SO $1,800,000 $1,800,000
� Subtotal $4,105,000 57,800,000 $11,905,000
20%Economic Development Costs 821 OQO $300.000 �1.121.000
(includiag 10%city admin.)
TOTAL $4,926,000 $8,100,000 $13,026,000
Subsection 1.9 Bonded Indebtedness
The Authority has previously issued bonds for land acquisition in the amount of$580,000 and for public
improvements in the amount of$1,630,000. The Authority is authorized to apply tax increments for the
District toward payment of such bonds. It is assumed that there will be a need for an additional$1,700,000
in public costs by the time the project is completed
The City or Authority may issue tax increment bonds for the remainder of the cost for this project.
Additional project costs may also be financed through pay-as-you-go tax increment financing. The total
principal amount of all bonds payable is whole or in part with tax increments is not expected to exceed
$4,000,000.
(As Modified May 1,Z000)
This Modification is authorizing the issnance of up to an additional 53,000,000 in bonds. Total
anthorized for bonds is 55,280,000.
Subsection 1.10. Sources of Revenue
Public improvement costs,acquisition,relocation,and site preparation costs and other costs outlined in the
Fstimate of Costs(Subsection 1.8)will be financed ttuough the annual collection of tax increments and any
other revenue source available to the Authority.
Subsection l.l 1. Orig�nal Tax Capacitv and Tax Rate
Pursuant to Minnesota Stahrtes, Section 469.174, Subdivision 7 and Section 469.177, Subdivision 1,the
�,��� Ma�fied Tff Plm for Raemoaet Baseess Pat'Cff Distrid S
Original Net Ta�c Capacatj,(ONTC)as certified for the District is based on the market values placed on the •
property by the assessor in 1995 for taxes payable 1996. The total market value for both parcels is
$1,782,520.The tax capacity of the property when the tax increment district is certified in 1996 is estimated :: ;
to be 81,996.
Under Section 469.177,Subd. 1(fl of the TIF Act,the County Auditor is required to increase the ONTC each
year by the average percent increase in the estimated market value of the TIF District during the five years
prior to certification. 'Ibe applicable adjustment period would normally be assessment years 1990 through
1995. However,the property in the T'IF District has been owned by the Authority and tax-exempt since
1994. The property was taxable in assessment years 1990 through 1993,which are used to calculate the
adjustment factor for the District in accordance with Minnesota Department of Revenue procedures.
Av�
1990/91 1993/94 Increase %Increase Annual
Increase
� $213,000 $213,000 0 0% p
Pursuant to Section 469.177,Subds. 1 and 2,of the Ta�Increment Financing Act,the County Auditor shall
certify in each year (beginning in the payment year 1998) the amount by which the original value has
increased or decreased as a result of a:
1• change in tax exempt status of property;
2- reduction or enlargement of the geographic boundaries of the district;
3. change due to adjustments,negotiated or court-ordered abatements;
4. change in the use of the property and classification;
5. change in state law goveming class rates.
In any year in which the cwTent Net Tax Capacity value of the District declines below the ONTC,no value
will be captured and no tax increment will be payable to the Authority.
The original local tax rate for the District will be the local tax rate for 1996 taxes. Since the 1996 tax rate
had not been certified at the time of plan approval,the tax rate of 1.27969 is being used as an estimate.
Subsection 1.12. Estimated Ca�tured Net Tax Capacitv Value/Increment
Pursuant to Minnesota Statutes, Section 469.174 Subdivision 4 and Minnesota Statutes, Section 469.177,
Subdivisions l,2,and 4,the estimated Captured Net Tax Capacity(CTC)of the District upon completion
of all phases of the prnject,will annually approximate a355,351 or an annual tax increment of$429,142.
The Authority requests 100 percent ofthe available increase in tax capacity for repayment ofdebt and current
expenditures,beginning in the tax year payable 1998. The project tax capacity listed is an estimate of values
when the construction is completed.
. . ;
�
I
. . _. .. .__�._ �, �
_ " . _ �
Ciry of Rosemount Modified iff P1s fQ Rosemamt Bus�ess Ark T�District
_ 6. .
I
Additional Captared -
- Taa Capacity
due to new project
As approved 3/6/96 As Modified 5/1/00
Estimated Project Tax Capacity 5562,581 65,700
Original Tax Capacity 8( 1•9961 13 23
Gross Captured Tax Capacity 480,585 52,477
Fiscal Disparities Tax Capacity(32.0%est.) 14( 5,233} 16 793
Net Captured Net Capacity $335,352 35,684
The Authority elects the calculation of tax increment under Section 469.177,subd.3(b),which means that
fiscal disparities contribution will be made from inside the District
Subsection I.13. Duration of the District
Pursuant to Minnesota Statutes,Section 479.175,Subdivision 1,and Section 469.176,Subd. l,the duration
of the District must be indicated within the Plan. Pursuant to Minnesota Statutes, Section 469.176,
subdivision 1(b),the duration of the District will be 11 years from the date of the adoption of the Plan or nine
years after the date of receipt of the first tax increment. The date of receipt by the Authority of the first tax
increment will be .approximately July 1998. Thus, it is estimated that the District, including any
modifications of the Plan for subsequent phases or other changes,would terminate after in March 2007 at
the latest,with the last full year of increment collected in 2006,or when the goals of the Plan have been met.
The Authority dces reserve the right to decertify the District prior to the legally required date.
Subsection 1.14. Estimated Impact on Other TaxinQ Jurisdictions
The estimated impact on other taxing jurisdictions assumes coastruction which would have occurred without
the creation of the District. If the construction is a result of tax increment financing,the impact is$0 to other
entities. Notwithstanding,the fact that the fiscal impact on the other taxing jurisdictions is$0 due to the fact
thai the construction would not have occurred without the assistance of the City,the following estimated
impact of the District would be as follows if the "but for"test was not met:
IlViPACT ON TAX CAPACITY
Estimated Captured �
1995/96 Proposed Tax Capacity(CTC) Percent of CTC
Taxing Jurisdiction Tax Capacitv �n Project to Entitv Total
Completion
Dakota County $278,056,035 335,352 0.12%
ISD No. 196 99,028,299 335,352 037°/a
City of Rosemount 11.281.985 335.352 2.97%
Total $388,366,319 335,352 0.09%
Ca�dRasemamt Modified'Iff Pfaa for Rvsemount Busixss Pac��Disnict 7
_ Il�iPACT ON TAX RqTES � •
1995/96 Proposed Percentage
Tax Capaci Rates of Total CTC 'I'��
Dakota County 0.26626 20.7097% 335,352 88,875
ISD No. 196 0.60830 47.4920% - 335,352 203,810 �
City of Rosemount 036055 28.0943% 335,352 120,566
Other 0.05108 3.7040% 335,352 15.896
Total 1.28619 100.0000% 335,352 429,147
The estimates listed above display the captured tax capacity when all construction is completed. The tax rate
used for calculations is the 1995/Pay 1996 proposed rate. The total net capacity for the entities listed above
aze based on Pay 1996 figures.
� (As Modified May I,2000)
The estimated impact on other tazing jnrisdictions assumes construction which would have occurred
withont the Modification of the Distric�t. If the construcdon is a result of taz increment financing,the
impact is SO to other entities. Notwithstanding, the fact that the fiscal impact on the other taaing
jurisdictions is$0 due to the fact that the construction would not have occurred without the assistance
of the City,the following estimates are the additional impact of the District due to the new project
proposed for the Rosemonnt Business Park Taa Increment Financing District if the"but for"test was
not met:
Il1�ACT ON TAX CAPACITY �
Estimated Captured
1999R000 Prnposed Taa Capacity(CTC) Percent of CTC
Taaing Jarisdiction Taa Capacitv Uoon project Completion to Entity Total
Dakota County S267,414,140 35,700 0.013%
ISD No.196 100,355,510 35,700 0.036%
City of Rosemount 10 88 14 35.700 0337%
Total 5378,358,164 35,700 0.386%
IlVIPACT ON TAX RATES
1995/96 Percentage
Taa Capaciri Rates of Total CTC T'��
Dakota Coanty 0.26626 20.7015% 35,700 9,505
ISD No.196 0.60830 47.2947% 35,700 21,716
City of Rosemoant 036055 28.0324% 35,700 12,g7Z
Other 0.05108 3.9714% 35.700 1.824
Total 1.28619 100% 35,700 45,917
�'h°�� ht�s�a r!F al�br xusano�mc e�in�raric T�'ast,;ct - g .
The estimates listed above display the captured taa capacity when all construction is completed. The � -
tax rate used for calculations is the frozen 1995/Pay 1996 rate. The total net capacity for the entities
listed above are based on Pay 2000 figures.
Subsection 1.15. Modifications to the District
In accordance with Minnesota Statutes,Section 469.175,Subdivision 4,any reduction or enlargement of the
geographic area of the project or ta.Y increment financing district,increase in amount of bonded indebtedness
to be incurred, including a determination to capitalize interest on debt if that determination was not a part
of the original plan,or to increase or decrease the amount of interest on the debt to be capitalized;increase
in the portion of the captured tas capacity to be retained by the Authority; increase in total estimated tax
increment expenditures; or desianation of additional property to be acquired by the Authority shall be
approved upon the notice and after the discussion,public hearing and findings required for approval of the
original plan. The geographic area of a tax increment financing district may be reduced, but shall not be
enlarged after five years following ihe date of certification of the original ta�c capacity by the county auditor.
Modifications to the District in the form of a budget modification or an expansion of the boundaries will be
recorded in this subsection of the Plan.
Subsection 1.16. Administrative Expenses
In accordance with Minnesota Statutes, Section 469.174,Subdivision 14,and Minnesota Statutes, Section
469.176,Subdivision 3 administrative expenses means all expenditures of an authority other than amounts
paid for the purchase of land or amounts paid to contractors or others providing materials and services,
including architectural and engineering services,directly connected withthephysicaldevelopmentofthe real
property in the district,relocation benefits paid to or services provided for persons residing or businesses
located in the district or amounts used to pay interest on,fund a reserve for,or sell at a discount bonds issued
pursuant to Section 469.178. Administrative expenses also include amounts paid for services provided by
bond counsel,.fiscal consultants,and planning or economic development consultants.No tax increment shall
be used to pay any administrative expenses for a project which exceed ten percent of the total tax increment
expenditures authorized by the tas increment financing plan or the total tax increment expenditures for the
project,whichever is less.
Pursuant to Minnesota Statutes,Section 469.176,Subdivision 4h,tax increments may be used to pay for the
county's actual administrative expenses incurred in connection with the Distric� The county may require
payment of those expenses by February 15 of the year following the year the expenses were incurred.
Subsection 1.17. Limitation of Increment
Pursuant to Section 469.176, Subd. 1,of the Tax Increment Financing Act,no tax increment shall be paid
to the Authority for the Tax Increment Financing District after three(3)years from the date of certification
of the Original Net Tax Capacity value of the taxable property in the Tax Increment Financing District by
the County Auditor unless within the three(3)years period:
(a) bonds have been issued pursuant to Section 469.178,or in aid ofthe Project
pursuant to any other law,except revenue bonds issued pursuant to Section
469.152 to 469.1 b5,or
(b) the Authority has acquired property within the Tax Increment Financing
District,or
Ciry of Rosemamt ModSed Tff Plao Ca Rosanamt Basiaess Parfc'[IF Distria 9
(�) the Authority has constructed or caused to be const�vcted public,;' -,. :_ �__;.
improvements within the Tax Increment Financing District . „
�>4= :.; , ,
The bonds must be issued,or the Authori must ac uire ro e � �� �� ` "
h' 9 P p rty orconstruct or cause public improvements
to be constructed by approximately March 1999.
7'he tax increment pledged to the payment of bonds and interest thereon may be discharged and the Tax
Increment District may be terminated if sufficient funds have been irrevocably deposited in the debt service
fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds
at maturity or redemption date.
Pursuant to Minnesota Statutes,Section 469.176,Subdivision 6,
I,f; ufter four years from the date o,f'cert�cation of the original tar capacity of the tax
incrementfinancingdistrictpursuant toMinnesotaStatutes,Section 469.177,no demolition,
rehabilitation or renovation of property or other site prepcv�ation, including qualified
improvement oja street adjacent to aparcel but not installation of utilityservice including
� sewer or water systems, has been commenced on a perrcel located wilhin a tar increment
frnancing district by the authority or by the owner of the porcel in crccord�ce with the tax
increment financing plan, no additional tar increment may be taken from that parcel and
the original tmc capacity of that parcel shall be excluded from the originul tar capacity of
the tar increment frnancing district. If the authority or the owner of the parcel subsequently
commences demolition,rehabilitation orrenovation or othersiteprepvrcrlion on thatperrcel
including improvement of a street adjacent to thc�t perrcel, in accordmrce with the tar
increment finarrcing plan, the authority shall cert�to the county auditor in the annual
disclosure report that the activity has commenced. The county vuditorshull cert�the tax
capacity thereof as most recently certified by the commissioner ofrevem�e mrd udd it to the
original tar capacity of the tar increment finuncing dutrict. The cmmty uuditor must
enforce the provisions o,f'this subdivision... For purposes of this subdivision, qual�ed
improvements are limited to(I)construction or opening of a new street, (Z)relocatiorr of
a street, and(3)substantial reconstruction or rebuilding of an exuti�rg street.
The Authority or a property owner must improve parcels within the District by approximately March 2000.
Subsection 1.18 Limitation on Use of Tax Increment
All revenues derived from tax increment shall be used in accordance with the tax increment financing plan,
pursuant to Minnesota Statutes,Section 469.176,Subdivision 4c. The Authority will also comply with the
"five yeaz rule"under Section 1763,subd.3 of the TIF Act,which generally provides that increment will be
considered spent on an activity within the TIF District only if(1)the increment is actually paid to a third
party within five years af}er certification of the District,(2)increment is used to pay bonds sold to a third
Party within the five-year period,(3)increment spent under a contract entered with a third party within the
five-year period;or(4)costs are paid within the five-year period and increment is used to reimburse a pazty
for such costs, inctuding interest. For the purposes of this tule, a "third-party° excludes the City, the
Authority and the developer receiving the assistance.
GtY of Roxmount Modi6ed TIF Pfan for Roxmount Budnas Paic Tff Disaict 10
j
Subsection 1.19. �Iotification of Prior Planned Imarovements .
The Authority shall, after due and ditigent seazch, accompany its request for certification to the County
Auditor or its notice of Tax Increment Financing District enlargement with a listing of all properties within
the Tax Increment Financing District or area of enlargement for which building permits have been issued
during the eighteen(18)months immediately preceding approval of the tax increment financing plan by the
municipality pursuant to Section 469.175,Subd.3,ofthe Tax Increment FinancingAct The CountyAuditor
shall increase the original value of the Tax Increment Financing District by the value of improvements for
which a building permit was issued.
Pursuant to Minnesota Statutes,Section 469.177,Subdivision 4,the Authority has reviewed the area to be
included in the District and found that no building permits had been issued during the 18 months
immediately preceding approval of the Plan by the City. If the building permit had been issued within the
18 month period preceding approval of the plan by the City,the county auditor shall increase the original tax
capacity of the district by the valuation of the improvements for which the building permit was issued.
Subsection 1.20. Excess Tax Increments
Pursuant to Minnesota Statutes, Section 469.176, Subdivision 2, in any year in a�hich the tax increment
exceeds the amount necessary to pay the costs authorized by the tax increment plan,including the amount
necessary to cancel any tax levy as provided in Minnesota Statutes, Section 475.61, Subdivision 3, the
Authority shall use the excess amount to do any of the following:
1. prepay the outstanding bonds; :
1. discharge the pledge of tax increment therefor;
3. pay into an escrow account dedicated to the payment of such bond;or
4. return the excess to the County Auditor for redistribution to the respective taxing
jurisdictions in proportion to their tax capacity rate as provided in Minnesota Statutes,
Section 469.176, Subd. 1.
Subsection 1.21 Re4uirements for A�reements with the Develoner
The Authority will review any proposal for private development to determine its conformance with the
Redevelopment Plan and with applicable municipal ordinances and codes. 'fo facilitate this effort, the
fo(lowing documents may be requested for review and approval: site plan,construction,mechanical,and
electrical system drawings,landscaping plan,grading and storm drainage plan,si�e rystem plan,and any
other drawings or narrative deemed necessary by the City to demonstrate the conformance of the
development with city plans and ordinances.
Pursuant to Section 469.176,Subd.5,of the Tax Increment Financing Act,no more than 10 percent(10%),
by acreage, of the property to be acquired in the Tax Increment Financing Distrid as set fort�in the tax
increment financing plan shall at any time be owned by the City or Authority as a result of acquisition with
the proceeds of bonds issued pursuant to Section 469.178,of the Tax Increment Financing Act,without the
City or Authority having, prior to acquisition in excess of ten percent(10%)of the acreage,concluded an
agreement for the development or of the property acquired and which provides recourse for the City or
Authority should the development not be completed.
Gry of Roxmount Modified Tff Pfaa for Rosemount Businas Puk Tff District 11
Subsection 1.22. ._Assessment Agreement� � �
Pursuant to Minnesota Statutes,Section 469.177,Subdivision 8,the Authority may enter into an agreement
in recordable form with the developer of property within the tax increment financing district which
establishes a minimum market value ofthe land and completed improvements forthe duration ofthe District.
The assessment agreement shall be presented to the assessor who shall review the plans and specificaiions
for the improvements constructed,review the market value previously assigned to the land upon which the
improvements are to be constructed and,so long as the minimum market value contained in the assessment
agreement appear,in the judgment of the assessor,to be a reasonable estimate,the assessor may certify the
minimum market value agreement.
Subsection 1.23. Administration of the District
Administration of the District will be the respoasbility of the Executive Director of the Authority.
Subsection 1.24. Financial Reportin�equirements
� Pursuant to Minnesota Statutes,Section 469.175,Subdivisions 5,6,and 6(a),an authority must file an annual
disclosure report for all tax increment financing districts with the Office of the State Auditor,the county
board, school board,and Department of Revenue.
Pursuant to Section 469.175,Subd.5,ofthe Tax Increment Financing Act,the Authority must file an annual
disclosure report for the Tax Increment Financing District The report shall be filed with the County board,
county auditor,school board,and the State Auditor. The report to be filed by the Authority shall include the
following information:
1. the amount and source of reveaue in the tax increment account;
2. the amount and purpose of expenditures from the account;
3• the amount of any pledge of reveaues,including principal and interest,on any outstanding
bond indebtedness;
4. the origina! net tax capacity of the Tax Increment Financing District;
5. the captured value retained by t�e Authority,
6. the captured value shared with other taxing districts;
7. the tax increment received;
8. anyadditionalinformationtodemonstratecompliancewiththetaxincrementfinancingplan.
Section 469.175, Subd. 5, of the Tax Increment Financing Act also provides that an annual statement
showing the tax increment received an expended in that year,the original value,captured value,amotmt of
outstanding bonded indebtedness,the amount ofthe district's increments paid to other governmental bodies,
the amount paid for administrative costs,the sum of increments paid,directly or indirectly,for activities and
improvements located outside of the district, and any additiooa.l information the Authority deems necessary
shall be published in a newspaper of general circulation in the City.
Pursuant to Minnesota Statutes,Section 469.175,Subd.6,of the Tax Increment Financing Act,the City must
annually submit to the State Auditor,on or before 3�t}�}Angast 1,a financial report which shall:
1. provide for full disclosure of the sources ar�d uses of the public funds in the district; `
2. permit comparison and reconciliation with the City's accounts and financial reports; �
i
Gty of Rosanount Mo�fied TIF Plao fa Ros�oimt Busioeu Pad[T1F Distrid 12 �
3. permit auditing of the funds expended on behalf of the tax increment district;and _. , •
4. be consistent with generally accepted accounting principles. ��- -
The financial report must also include the following: � .
1. the original net tax capacity of the district;
2. the captured net tax capacity of the district,including the amount of any captured net tax .
capacity shared with other taxing districts; �
3. for the reporting period and for the duration of the district,the amount budgeted under the
tax increment financing plan, and the actual amount expended for, at lest,the following
categories:
a. acquisition of land and buildings through coademnation or purchase;
b. site improvements or preparation costs;
c. installation of public utilities,parking facilities,streets,roads,sidewalks,
or other similar public improvements;
d. administrative costs,including the allocated cost of the authority;
e. public park facilities, facilities for social, recreational, or conference
purposes,or other similar public improvements;
4. for properties sold to developers,the total costs of the property to the authority and the price
paid by the developer;
5. the amount of increments rebated or paid to developers or property owners for privately
financed improvements or other qualifying costs.
Pursuant to Minnesota Statutes,Section 469.175,subdivision 6a,the City must also annually report to the
State Auditor before or on-�tt�p-�August 1 of each year the following amounts for the entire City: .
1. the total principal amount of nondefeased bonds that are outstanding at the end of the
previous calendar year;and
2. the total annual amount of principal and interest payments that aze due for the current
calendar year on (i) general obligation tax increment financing bonds and (ii) other tax
increment financing bonds.
and for each tax increment financing district within the City:
1. the type of tax increment financing district; '
2. date on which the district is required to be decertified;
3. amount of any payments and the value of in-kind benefits,such as physical improvements
and the used of building space,that are financed with revenues derived from increments and
are provided to another governmental tmit(otherthan the municipality)during the preceding
calendar year;
4. the tax increment revenues for taxes payable in the current calendar year; �
5. whether the tax increment financing plan or other governing document permits increment
revenues to be expended outside of the tax increment fmancing district;
6. any additional information that the State Auditor may tequire.
Copies of this report must also be provided to the county and school district boazds.
Gry of Rnsemount Modified T1F Pfao fa Rosaaamt Busmess Tik'Cff Distrid 13
Subsection 1.25. :Municioal A�nroval and Public Purnose •�
Pursuant to Minnesota Statutes,Section 469.175,Subdivision 3,before or at the time of approval of the tax
increment financing plan,the municipality shall make the following findings and shall set fath in writing
the reasons and supporting finds for each determination:
1. Finding that the District is an Economic Development District as defined in Minnesota Statutes,
Section 469.174,Subdivision 11.
The District qualifies as an Economic Development District because the facilities will increase
employment in the state and because less than 15 percent of space necessary in the new and existing
facilities will be comprised of unallowable uses.
2. Finding that the proposed development, in the opinion of the Council, would not occur solely
through private investment within the reasonably foreseeable future and,therefore,the use of tax
increment financing is deemed necessary and that the increased market value of the site that could
reasonably be expected to occur without the use of tax increment financing would be less than the
increase in the market value estimated to result from the proposed development after subtracting the
present value of the projected tax increments for the maximum duration of the district permitted by
the plan.
The high costs of new development including land acquisition and assessments for commercial and
industrial uses is a detriment to the expansion and attraction of industry in and to the City.
A comparative analysis of estimated market values both with and without establishment of the
Rosemount Business Park Tax Increment Financing District and the use of tax increments has been
performed as described above. Such analysis is on file with the City,and indicates tl�aaitbe increase
in estimated market value of the proposed development(less the indicated subtractioas)exceeds the
estimated market value of the site absent the establishment of the Rosemount Business Pazk Tax
Increment Financing District and the use of tax increments. (See Cash flow in Appeadix C)
3 Finding that the Tax Increment Financing Plan for the District conforms to the general plan for the
development or redevelopment of the municipality as a whole.
The Rosemount Business Park Tax Increment Financing District is properly zoned and the tax
increment fiaancing plan will generally compliment and serve to implement policies adopted in the
City's comprehensive plan.
(As Modified May 1,2000)
The Planning Commission reviewed the Modifications on April 11,2000 and re�rms that
the ModiScations coaform to the comprehensive plan of the City.
4. Finding that the Tax Increment Financing Plan for the District will afford maximum opportunity,
consistent with the sound needs of the City as a whole, for the development of Redevelopment
Project No. 1 by private enterprise. ,
The City's control of the site and utilities and the ability to provide assistance based�oa specific
Cny of Roxmount Madified Tff Plan for Rvumamt Businas Parfc Tff Disaiet
' l4
needs ofthe developments will increase its ability to promote orderly and high quality construction '
within the City and stable employment for the community as a whole.
Subsection 1.26. State Tax Increment Financing Aid
Pursuantto Minnesota Statutes,Section 273.1399,fortax incrementfinancingdistrictsforwhich certification
was requested after April 30, 1990, a municipality incurs a reduction in state tax increment financing aid
(RIST'IFA) applied to the municipality's Local Government Aids (LGA) first and, Homestead and
Agricultural Aid (HACA) second, in an amount equal to a formula based upon the equalized qualifying
captured tax capacity(QCTC)of the tax increment financing district
Pursuant to Minnesota Statutes, Section 273.1399, Subdivision 6, for tax increment financing districts
certified after June 30, 1994,the City may choose an option to the LGA-HACA penaIty. A tax increment
financing district is exempt if the City elects at the time of a�proving the tax increment financing plan to
make a qualifying local contribution. To qualify for the exemptio� in each year,the City must make a
qualifying local contribution to the project of a certain perceatage. The local contribution for an Economic
Development District is 10 percent. The maximum local contribution for all districts in the City is limited
to two percent of the City's net tax capacity.
The amount of the local contribution must be made out of unrestricted money of the authority or
municipality,such as the general fund,a property tax levy,or a federal or a state grand-in-aid which may be
spent for general government purposes. The local contribution may not be made,directly or indirectly,with
tax increments or developer payments. The local contribution must be used to pay project costs and cannot
be used for general government purposes.
The City elects to make the annual local contribution to the project to exempt itself from the LGA-HACA
penalty.
Subsection 1.27. Fiscal Disparities Election
Pursuant to Minnesota Statutes, Section 469.177,Subdivision 3,the governing body may elect one of two
methods to calculate fiscal disparities. It the calculations punuant to Minnesota Statutes,Section 469.177,
subdivision 3,clause a,are followed the following method of computation shall apply:
(1) The original tar capacity and the current tax capaciry shall be determined before the application
of the fiscal disparity provisions of Chapter 473F. T�here the original tar capacity is equal to or
greater th� the current taz capacity, there is no captured tar capacity and no taz incremertt
determination. Where the original tax capacity u less than t�current tax capacity, the d�erence
between the original tar capacity and the current tar capocity is the captured tax capacity. This
amount less mry portion thereof which the authority has designated in its tcu increment frncnrci�rg
plan, to share with the local taring districts is the retained captrved tar capacity of the authority.
(2) The county auditor shall excl ude the retained captured tar ccrpaciily of the authvrity�rom the taxable
value of the local taring districts in determining local taring d'istrict taz capacity rates. The tax
capacity rates so determined are to be extended agabut the�etained captured tar capacity of the
authority as well as the taxable value of the local taring drstricts The tax generated by the
extension of the lesser of(A) the local taring district tax capacity rates or (B) the original taz
capacity rate to the retained captured tar capacity of the authority is the tax inrreme�rt of the
�ry of Rosemamt Modified Tff Plao for Rosemount Business Padc T1F Dismet 1 S
authority. ._ .�
If the calculations pursuant to Minnesota Statutes, Section 469.177,subdivision 3,clause b,are followed,
the following method of computation shal!apply: .
(1) The original tax capacityshall be determined before the application oJthefucal dispc�ityprovisions '
of chapter 473F. The current tar capacity shall exclude any fiscal dupariry commercial-industrial
tax capacity increase between the original year and the current year multiplied by the fiscal .
disparity ratio determined pursuant to section 473F.08, subdivision 6. Where the original tax
capacity is equal to or greater than the current taz capacity, there is no captra�ed tax capucity and
no tar increment determination. Where the original tar capacity is less than the current tar
capacity, the d�erence between the original tar capacity and the cunent tar cupucity is the
captured tax capacity. This amount less any portion thereof which the m�shority has d¢S1gnated, in
its tar increment financing plan, to share with the local taring districts is the retained captured tax
capacity of the authority.
(2) Thecountyauditorshallexcludetheretainedcapturedtaxcapacityoftheauthorityfromthetarable
value of the local ttarng districts in determining local taring district tcu capucity rvies. The tar
capacity rates so determined are to be extended against the retained capttved tax capacity of the
authority as well as the tarable value of the local taxing districts. The tar generated by the
exterrsion of the less of(A)the local taxing district tax capacily rates or(B)the original tar capacity
rate to the retained captured tar capacity of the authority is the tar increment of the authority. -
The Authority shall submit to the County Auditor at the time of the request for certi5cation which method
of computation of fiscal disparities the authority elected. The City of Rosemount aill choose to calculate
fiscal disparities by clause b.
According to Minnesota Statutes, Section 469.177, Subdivision 3:
(c) The method o,rcomputation of tax increment applied to a district pwsu�rt to paragraph(a)or
(b)shall remain the same for the duration ojthe district, except that the governing body may
elect to change its election from the method of computation in pc�agraph(a)to the method in
P�'a8�'aPh(b)-
Subsection 1.28. Countv Road Costs
Pursuant to Minnesota Statutes,Section 469.175,Subdivision 1 a,the county board mayrequire the authority
to pay for all or part of the cost of county road improvements if the proposed development to be assisted by
tax increment will in the judgement of the county,substantially increase the use of county roads reyuiring
construction of road improvements or other road costs and if the road improvements aze not scheduled within
the next five years under a capital improvement plan or other county plan.
The improvements outlined in the Plan serve as notice to the county that the development of the residential
facilities will be assisted with tax increment In the opinion of the Authority and coasultants,the proposed
development will have little or no impact upon county roads. If the county elects to use increments to
improve county roads, it must notify the Authority within thirty days of receipt of t�is plan.
Gh dRasemount Modified'iIF Pfan for Rosemount Businas Puk T'�Distria
16
Subsection 1.29. Economic Development and Job Creation -
The City agrees to comply with,Minnesota Statutes,Section l 16J.991(to the extent such statute is or remains
applicable), which.sfates that a business receiving state or local govemment assistance for economic
development or job growth purposes, including tax increment financing,must create a net increase in jobs
in Minnesota and meet specified wage goals within two years of receiving assistance(See Appendix D).
Subsection 1.30. Summarv
The City and Authority are establishing the Rosemount Business Park Tax Increment Financing District to
preserve and enhance the tax base of the City and to provide employment opportunities for the residents of
the City. The Tax Increment Financing Plan for the Rosemount Business Park Tax Increment Financing
District was prepared by Ehlers and Associates,Inc.,3060 Centre Pointe Drive,Roseville,Minnesota 55113,
telephone(651)697-8500. �
Gry af Rosano�mc Madieed'[1F Pfan ror Rae�o�t Bm�ss Paric 7'ff Di� t 7
_ . . ,APPENDIX A .. :.'_ ::, ;. , . �
`, - :', BOLINDARY MAP OF REDEVELOPMENT PROJECT NO. 1 AND i.. _�'' <,`
°- : .-:
� •THE ROSEMOUNT BUSINESS PARK TAX INCREMEN�'F�pNCING DISTRICT `-' ° `�
�
;
.
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Development District No. 1 - � ,�;-- •
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' APPENllIX B • �
LEGAL DESCRIPTION FOR
THE ROSEMOUNT BUSINESS PARK TAX INCREMENT FINANCING DISTRICT
The District encompasses all property and adjacent rights-of-way identified by the parcel identification
numbers listed below:
PID No.3464550-010-00
PID No.34-64550-010-01
(As Modifted May 1,2000)
As stated in Subsection 1.5, the original parcels in the Rosemoant Business Park Tax Increment
financing District have been subdivided. Listed below are the current PID numbers for that property:
Parcel Nnmbers:
34-64550-010-01
34-64551-010-00
34-64551-020-00
34-64551-010-01
34-64551-020-01
34-64551-030-01
�p� B-I
:
_ APPENDIX C
: CASH FLOW FOR -
ROSEMOUNT BUSINESS PARK T'p}{INC�M���C�G DISTRICT
Following is the cash flow that represents the captured ta�capacity for the additional project only.
i
�
1
Appeudis
C-1
atioUOo
cry a aos�„o„�u
��
EXISTING DISTRICT-AT REDUCED CLASS RpTES
T.I.F.CASH FLOW ASSUMPTIONS-LOCAL MATCH
r,n�o�.aate: o.0000�io �
-r�n+e eo�,d r�ce: >>so�
Tax E�Rension Rate CuRe� 1261450
Tax Extension Rate Certified: 1281619
Fiscal Disparities-Clause B: 32.00% Pay 1999
Original Tax Capadty Inflation Rate: 0.��,e
BASE VALUE INFORMATION
Market pass Tau Percent Net Tax Payat>(e
V�� �e Capacity Used Capaatjr Year
34-64551-010-00 388.900 2496-3.4% 13 223 100.00% 13,223 P 1999
PROJECT VALUE INFORMqTION
Tatal Sq.Ft Market Total Class Total Year Year
Sq.Ft. Value Tax Capacity Rate Market Value Started Payable
Industnal 70,000 532.00 65.700 2.0%-3.0% 2 240 000 2000 2002
TAX INCREMENT CASH FLOW
Base Project Gross Fisc-al Net Semi-Mnual Admim. Semi-Annual PAYMENT DATE
�PERIOD BEGINNING Tax Tax Capatured Dispari6es Capatured Gross Tax at Net Tax pEq�pp�pwG
Yrs• Mth. Yr. Ca aa aa Tax C aa 3200% Tax Increment 10.25% Increment Yrs. Mih. Yr.
0.0 02-01 2000 13.223 13,273 0 0 0 0 0 0 0.0 OS-01 2000
0.0 08-Ot 2000 13.223 13,223 0 0 0 0 0 0 0.0 02-01 2001
0.0 02-01 2001 13,223 13,223 0 0 0 0 , 0 0 0.0 08-01 2001
0.0 08-01 2001 13,223 13,223 0 0 0 0 0 0 0.0 02-01 2002
o.o 02-0� 2002 is,2r3 ss,�oo s2,an ��s.�s3> as.ssa. rz,so� �2,so�� 20,200 o.s os-o� 2002
os os-o� 2ooz �s,rza es,�oo s2.an ��s,�ss� a�.ssa rz,so� �2.so� 20,200 �.o 02-0� �
�.o 02-0� 2oos �s.� ss,�oo s2,an ��s,�ss). ss,saa r2,so� �2,so� 20,200 �.s os-o� 2oa3
i.s oa-o� 2oos ia,rr3 �.s,�oo s2,an ��s.�sa� as.ssa 2z,so� �2,so�� 20,200 2.0 02-0� 2ooa
2.0 o2-oi 2ooa �s,� ss,�oo �.ari ��s,�ss� �,saa r2,so� �2,ao�� 20,200 2.s oa-o� 2oaa
2s os-ot zooa �s,223 ss.�oo s2.an ��s.�ss� ss,saa 22.so� (�,so� zo,zoo s.o o2-oi �s
s.o o2-oi 2oos �s,2z3 ss,�oo s2,an ��s,�ss� ss.ssa �,so� �2.ao�� 20,20o s.s os-o� zoos
as oe-o� 2oos �a,rr3 ss,�oo s2.an ��s.�sa� a5,saa 22,so� �z,ao� 20,20o a.o 02-0� 2oos
a.o o2-oi 2oos �s.223 �.s,�oo s2.an �is.�ss) ss,saa 22.so� �2,so� 20,200 4.5 oe-o� zoos
as os-oi 2oos �s.2r3 ss.�oo s2.an ��sass� 3s.saa 22.so� �2.so� 20,20o s.o az-o� 200�
5.0 02-01 2007 65,700 65.700 0 0 0 0 0 0 5.5 OS-Ot 2007
5.5 08-Ot 2007 65.700 65,700 0 0 0 0 0 0 6.0 02-01 2008
6.0 02-01 2008 65,7p0 65,7pp 0 0 0 0 0 0 6.5 OS-01 2008
6.5 08-01 2008 65.700 65.700 0 0 0 0 0 0 7.0 02-01 2009
7.0 02-01 2009 65,700 65,700 0 0 0 0 0 0 7.5 OS-01 2009
7.5 08-01 2009 65,700 65,700 0 0 0 0 0 0 8.0 02-01 2010
8.0 02-01 2010 65,700 65,700 0 0 0 0 0 0 8.5 08-01 2010
8.5 08-01 2010 65,700 65,700 0 0 0 0 0 0 9.0 02-01 2011
Totals 23 070 202 00p
Prese�t Values 16,172 141 607
Flh1t0402 �O�d h�V�
RA[r-2000
_ __ - ,�
'.
- _. . : :._:�_ ..._ : � . . .
__.,...._._.-. . . ._..� .-�: _ �..APPENDIX D ._ __ . , .� `__.. .. :
` MINNESOTA BUSINESS ASSISTANCE FORM .
(MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMEN'1�
, .. .. _ ,._ , _ .
N .._._..._.. . .. .. .._.......�.,,. ..- . _ . . _ .. . . . , .
....__. . . .
.. ' '" " - . � . :'� .. .
1 .� . . . .. . . . . .. . . .
APPEPfDIX
D-1
CITY OF ROSEMOUNT
. EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: May 16, 2000
AGENDA ITEM: Evermoor(Kelley Trust)Preliminary Plat/PUD AGENDA SECTION:
Development Plan, Rezonings New Business
PREPARED BY: Rick Pearson, City Planner AGENDA NO. �. .�,
ATTACHMENTS: Draft Resolution;Recommendation with exhibits;P.C. AppROVED BY•
�linutes(3-28,4-11 &25-00);Committee of the Whole '
draft minutes(4-12-00);Memos;Narrarive;Phasing
Plan;Concept Approval Resolurion 1999-64; I
Correspondence; 11'x 17'Reductions J
Applicant: Homer Tompkins of Contractor Property Developers Company(CPDC)
Location: Kelley Trust Property East of Diamond Path, either side of Shannon Parkway,
west of Dodd Blvd.
Property Owner(s): JEV CO, LLC; Cynthia Kelley O'Neill Trust No. 1; Margaret H.Kelley 1953
Trust
Area in Acres: 515.17(Rosemount);4436 acres(Apple Valley)
Number of Dwelling Units: 1,001 (Rosemount); 54(Apple Valley); 1,055 total
Overall Density: 1.94 dwelling units per acre(gross)Rosemount; 1.88 du/ac
Comp. Guide Plan Desig: Transition Residential
Current Zoning: R-1, Low Density Residential and AG,Agriculture
Requested Zoning: Planned Unit Development
Planning Comm. Action: Recommendation of Approval with additional conditions (4-0)
SiI1VIMARY
The proposed preliminary platlPUD and related rezonings for Evermoor(the Kelley Trust property)is,in the opinion of
staff,to be consistent with the Vision and Mission Statements. As a development, it reinforces Rosemount's small town
character and pride thorough neighborhoods and parks.
The attached memo is the summarized recommendation from staff that would provide the framework for the PUD
agreement. The property is being purchased in two separate parts. Therefore, a lot split will have to be approved which
aligns with the two primary phases. Assuming the City Council approves the preliminary p1atIPUD, a PUD agreement
will be executed between the city and the developer that specifies all of the concessions made by the city including
variances, street width reductions and so on. On June 6, 2000 the Council will be asked to approve the wetland
replacement plan with conditions.
PLANNING COMMISSION PUBLIC HEARING
On March 28 &April 1 l,2000,an extensive public hearing process was conducted with the Planning Commission
adopting a recommendation of approval on Apri125. The Commissioners recommended that additional conditions
conceming buffers and setbacks be added to the staff recommendation. Essentially,the result is consistency amongst the
Estate lot neighborhoods,additional buffering adjacent to the existing Rural Residential districts, and setbacks adjacent
to Country Hills that are consistent with existing patterns.
�
RECOMl�'�NDED ACTION: Motion to approve the Evermoor preliminary p1atIPUD development plan subject to
approval of the wetland mitigation and replacement plan and execution of a PUD agreement that will secure the
recommendations of the Engineering/Public Works,Parks&Recreation,Planning,Police&Fire Departments; and
Planning Commission;
-and-
Motion to rezone land consistent with applicable zoning districts;
-and-
Motion to adopt a resolurion approving a subdivision of the Evermoor property commensurate with the phasing plan
subject to the execution of the PUD agreement.
CITY COUNCIL ACTION:
RESOLUTION 2000-
- A RESOLUTION APPROVING
THE PRELIMINARY PLAT AND
FINAL PLANNED UNIT DEVELOPMENT FOR
EVERMOOR
Contractor Property Developers Co.
WHEREAS,the Community Development Department of the City of Rosemount received an
application for approval of the Preliminary Plat and Final Planned Unit Development for
Evermoor; and
WHEREAS, on March 28, 2000, the Planning Commission of the City of Rosemount reviewed
the Final Planned Unit Development and Preliminary Plat for Evermoor and recommended
approval, subject to conditions; and
WHEREAS, on May 16, 2000, the City Council of the City of Rosemount reviewed the
Preliminary Plat and Final Planned Unit Development for Evermoor.
NOW, THEREFORE, BE IT RESOLVED,the City Council of the City of Rosemount hereby
approves the Preliminary Plat and Final Planned Unit Development for Evermoor, subject to:
1. Approval of the wetland mitigation and replacement plan and execution of a PUD
agreement that will secure the recommendations of the Engineering/Public Works, Parks &
Recreation, Planning, Police & Fire Departments; and
2. Rezoning of land consistent with applicable zoning districts.
ADOPTED this 16`� day of May, 2000, by the City Council of the City of Rosemount.
Cathy Busho, Mayor
ATTEST:
Linda J. Jentink, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2000-
A RESOLUTION APPROVING THE LOT SPLIT
FOR CONTRACTOR PROPERTY DEVELOPERS CO.
WHEREAS, the Planning Department of the City of Rosemount received an application
for approval of a division of property legally described as:
Parcel 1: The Northwest Quarter of Section 19, Township 115, Range 19, EXCEPT the
South 400 feet thereof, and EXCEPT the East 275 feet of the North 950 feet of the
South 1350 feet thereof(the exception being parts of Country Hills Fourth Addition and
Country Hills Fifth Addition).
Parcel 2: The Northeast Quarter of Section 19, Township 115, Range 19, EXCEPT that
part of the South 1350 feet lying west of the East 2000 feet thereof(the exception being
part of Country Hills Fourth Addition, Country Hills Fifth Addition and part of
Shannon Park School Addition).
ALSO EXCEPT the West 725 feet of the East 2000 feet of the Northeast Quarter of
Section 19, Township 115,Range 19, lying North of the South 200 feet and lying South
of the following described line: Beg-inning at a point on the West line of the East 2000
feet 1350.11 feet North of the South line of the Northeast Quarter as measured along
the West line thereof, thence Southeasterly to a point on the East line of the West 725
feet of the East 2000 feet and its intersection with the North line of the South 1100 feet
and there terminating (the exception being part of Shannon Park School Addition).
ALSO EXCEPT the West 625.05 feet of the East 1275 feet of the North 900.07 feet of
the South 1100 feet of the Northeast Quarter of Section 19, Township 115 North,
Range 19 West(the exception being part of Shannon Park School Addition).
Parcel3: The East 2000 feet of the Southeast Quarter of Section 19, Township 115,
Range 19, EXCEPT that part platted as Country Hills Eighth Addition.
ALSO EXCEPT that part of the Southeast Quarter commencing at the Northeast corner
of Lot 1, Block 3, Country Hills 3rd Addition, thence North on the East line of said plat
80 feet to the point of beginning of the parcel to be excepted, thence continuing North
250 feet, thence East parallel to the South line 300 feet, thence South 250 feet, thence
West 300 feet to the point of beginning.
Parcel4: The South Half of the Northwest Quarter and the North Half of the Southwest
Quarter of Section 20, Township 115,Range 19, according to the Government Survey
thereof.
All in Dakota County,Minnesota.
Resolution 2000-
WHEREAS, the Planning Commission of the City of Rosemount cor�ducted a public
hearing on March 28, 2000, as required by the subdivision ordinance for the purpose of
receiving testimony regarding the requested lot split; and,
WHEREAS,the Planning Commission adopted a motion to recommend to the City
Council approval of the lot split; and,
WHEREAS, on May 16, 2000, the City Council of the City of Rosemount reviewed the
recommendation forwarded by the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED,the City Council of the City of Rosemount
hereby approves the division of the above referenced parcel resulting in the following
described parcels:
EVERMOOR PHASE I LEGAL DESCRIPTION
PARCEL 1 (Abstract):
That part of Government Lots 1 and 2 in Section 24, Township 115 North,Range 20
West lying Northerly and Easterly of C.S.A.H. No. 33 (Diamond Path)
PARCEL 2 (Abstract):
The Northwest Quarter(NW1/4) of Section 19,Township 115,Range 19, except the
South 400 feet thereof, and except the East 275 feet of the North 950 feet of the South
1350 feet thereof(the exception being parts of Country Hills Fourth Addition and
Country Hills Fifth Addition).
PARCEL 3 (Abstract):
The Northeast Quarter(NE1/4) of Section 19, Township 115,Range 19, except that part
of the South 1350 feet lying west of the East 2000 feet thereof(the exception being part
of Country Hills Fourth Addition, Country Hills Fifth Addition and part of Shannon Park
School Addition)
Also
Except the West 725 feet of the East 2000 feet of the Northeast 1/4 of Section 19,
Township 115, Range 19, lying North of the South 200 feet and lying South of the
following described line: Beginning at a point on the West line of the East 2000 feet
1350.11 feet North of the South line of the Northeast 1/4 as measured along the West line
thereof, thence Southeasterly to a point on the East line of the West 725 feet of the East
2000 feet and its intersection with the North line of the South 1100 feet and there
terminating (the exception being part of Shannon Park School Addition)
Also
R�oiut�on Zooa
Except the West 625.05 feet of the East 1275 feet of the North 900.07 feet of the South
1100 feet of the Northeast 1/4 of Section 19, Township 115 North, Range 19 West(the
exception being part of Shannon Park School Addition).
PARCEL 4 (Abstract):
The East 2000 feet of the Southeast Quarter(SE1/4) of Section 19, Township 115, Range
19: Except that part platted as Country Hills Eighth Addition.
and
Except that part of the Southeast 1/4 commencing at the Northeast corner of Lot 1, Block
3, Country Hills 3 RD Addition,thence North on the East line of said plat 80 feet to the
point of beginning of the parcel to be excepted, thence continuing North 250 feet, thence
East parallel to the South line 300 feet, thence South 250 feet, thence West 300 feet to the
point of beginning.
TOGETHER WITH:
That part of Outlot C, COUNTRY HILLS FOURTH ADDITION, as platted and of
record in the office of the County Recorder,Dakota County, Minnesota lying northerly of
the following described line and its southeasterly extension:
Beginning at a point on the easterly line of said Outlot C, a distance of 184.87 feet
southerly of the most northerly corner of said Outlot C, as measured along said easterly
line, said easterly line is assumed to bear North O1 degree 12 minutes 41 seconds West;
thence North 66 degrees 11 minutes 15 seconds West a distance of 78.20 feet to the
westerly line of said Outlot C and there terminating.
PARCEL 5 (Torrens Certificate Number 79690):
The South One-Half of the Northwest Quarter(S 1/2 of NW 1/4) and the North One-Half
(N 1/2) of the Southwest Quarter(SW 1/4) of Section Twenty(20), Township One
Hundred Fifteen(115), Range Nineteen(19), according to the Government survey
thereof.
EXCEPTING therefrom that portion described as follows:
The South 515.00 feet of said Government Lot 2, in Section 24, Township 115,
North, Range 20 West lying northerly and easterly of said C.S.A.H. No. 33
(Diamond Path).
Also
Beginning at northwest corner of said Northeast Quarter of Section 19; thence
North 89 degrees 57 minutes 20 seconds East, assumed bearing along the north
line of said Northeast Quarter, a distance of 1,575.12 feet; thence South 09
degrees 14 minutes 15 seconds East, a distance of 296.15 feet; thence South 48
degrees 21 minutes 28 seconds West, a distance of 297.57 feet; thence North 77
Resolution 2000-
degrees 20 minutes 37 seconds West, a distance of 345.30 feet; thence South 80
degrees 35�minutes OS seconds West, a distance of 61.26 feet; thence South 54
degrees 32 minutes 28 seconds West, a distance of 100.74 feet;thence North 88
degrees 51 minutes O1 seconds West, a distance of 62.15 feet; thence South 77
degrees 58 minutes 30 seconds West, a distance of 62.10 feet; thence North 73
degrees 42 minutes 45 seconds West, a distance of 245.14 feet;thence South 89
degrees 57 minutes 20 seconds West, a distance of 100.00 feet; thence South 84
degrees 49 minutes 30 seconds West, a distance of 181.56 feet;thence South 58
degrees 04 minutes 18 seconds West, a distance of 140.02 feet; thence South 48
degrees 25 minutes 29 seconds West, a distance of 110.88 feet; thence South 45
degrees 43 minutes 06 seconds West, a distance of 100.38 feet; thence South 40
degrees 43 minutes 56 seconds West, a distance of 101.27 feet; thence South 33
degrees 24 minutes 00 seconds West, a distance of 90.90 feet; thence South 50
degrees 24 minutes 23 seconds West, a distance of 98.10 feet; thence South 85
degrees 53 minutes 07 seconds West, a distance of 65.45 feet; thence North 88
degrees 11 minutes 17 seconds West, a distance of 163.07 feet;thence North O1
degrees 43 minutes 18 seconds East, a distance of 280.94 feet;thence North 70
degrees 48 minutes 39 seconds West, a distance of 119.38 feet; thence South 79
degrees 33 minutes 44 seconds West, a distance of 105.96 feet;thence North 55
degrees 06 minutes 09 seconds West, a distance of 263.70 feet;thence South 66
degrees 14 minutes Ol seconds West, a distance of 135.25 feet; thence North 36
degrees 38 minutes 50 seconds West, a distance of 462.36 feet; thence North 00
degrees 02 minutes 40 seconds West, a distance of 104.29 feet to the north line of
the Northwest Quarter of said Section 19; thence North 89 degrees 57 minutes 20
seconds East, along said north line, a distance of 1,236.39 feet to the point of
beginning.
Also
Commencing at the northwest corner of said South Half of the Northwest Quarter
of Section 20; thence North 89 degrees OS minutes 35 seconds East, assumed
bearing along the north line of said South Half of the Northwest Quarter, a
distance of 259.66 feet to the actual point of beginning; thence continuing easterly
along said line, a distance of 2,385.44 feet to the northeast corner of said South
Half of the Northwest Quarter; thence South 00 degrees 21 minutes 21 seconds
East, along the east line of said South Half of the Northwest Quarter, a distance of
2,667.96 feet to southeast corner of said North Half of the Southwest Quarter;
thence South 89 degrees 50 minutes 25 seconds West, along the south line of said
North Half of the Southwest Quarter, a distance of 2,626.40 feet to southwest
corner of said North Half of the Southwest Quarter; thence South 00 degrees 45
minutes 37 seconds East, along the east line of said Southeast Quarter of Section
19, a distance of 1,316.80 feet to southeast corner of said Southeast Quarter;
thence South 89 degrees 55 minutes 22 seconds West, along the south line of said
Southeast Quarter, a distance of 1,286.97 feet; thence North 00 degrees 04
minutes 38 seconds West, a distance of 193.08 feet; thence North 53 degrees 59
minutes 42 seconds West, a distance of 324.27 feet; thence North 00 degrees 22
minutes 16 seconds East, a distance of 140.60 feet; thence westerly along a non-
tangential curve concave to north having a central angle of 12 degrees 04 minutes
' Resolution 2000-
37 seconds, and a radius of 660.00 feet for an arc distance of 139.12 feet,the
chord of said curve bears South 83 degrees 53 minutes 04 seconds West; thence
South 89 degrees 55 minutes 22 seconds West, tangent to last described curve, a
distance of 20.20 feet; thence North 00 degrees 45 minutes 37 seconds West,
parallel to the east line of said COUNTRY HILLS THIRD ADDITION, a
distance of 40.00 feet, to a point 300.00 feet east of said east line, as measured
along a line parallel to the south line of said Southeast Quarter and beanning 80
feet north of the northeast corner of said Lot 1, Block 3 as measured along said
east line; thence continue northerly along said line, a distance of 250.00 feet;
thence South 89 degrees 55 minutes 22 seconds West, parallel to said south line, a
distance of 300.00 feet to said east line; thence North 00 degrees 45 minutes 37
seconds West, along said east line, a distance of 978.45 feet; thence North 89
degrees 14 minutes 23 seconds East, a distance of 150.54 feet; thence�'orth 80
degrees 25 minutes 09 seconds East, a distance of 62.22 feet; thence rorth 89
degrees 14 minutes 23 seconds East, a distance of 144.22 feet; thence ti'orth 88
degrees 47 minutes 28 seconds East, a distance of 117.65 feet; thence ti'orth 81
degrees 03 minutes 47 seconds East, a distance of 1,049.28 feet; thence northerly
along a non-tangential curve concave to east having a central angle of 20 degrees
57 minutes 32 seconds, and a radius of 300.00 feet for an arc distance of 109.74
feet, the chord of said curve bears North 09 degrees 09 minutes 14 seconds East;
thence North 19 degrees 38 minutes 00 seconds East, tangent to last described
curve, a distance of 62.11 feet; thence northerly along a tangential cun-e concave
to the west, having a central angle of 55 degrees 57 minutes 42 seconds and a
radius of 450.00 feet, for an arc distance of 439.52 feet to a point of re�-erse
curvature; thence northwesterly along said reverse curve, concave to the
northeast, having a central angle of 12 degrees 39 minutes 08 seconds and a
radius of 310.00 feet, for an arc distance of 68.46 feet; thence North 61 degrees 00
minutes 43 seconds East, not tangent to last described curve, a distance of 30.14
feet; thence northerly along a non-tangential curve concave to east ha�-ing a
central angle of 42 degrees 45 minutes 23 seconds, and a radius of 280.00 feet for
an arc distance of 208.95 feet, the chord of said curve bears North O1 degrees 43
minutes 38 seconds West; thence North 19 degrees 39 minutes 04 seconds East,
tangent to last described curve, a distance of 31.82 feet; thence North 81 degrees
08 minutes 58 seconds East, a distance of 756.04 feet; thence North 00 degrees 00
minutes 04 seconds West, a distance of 990.61 feet to the point of beginning.
EVERMOOR PHASE II LEGAL DESCRIPTION
That part of the following described property:
PARCEL 1 (Abstract):
That part of Government Lots 1 and 2 in Section 24, Township 115 North, Ran�e 20
West lying Northerly and Easterly of C.S.A.H. No. 33 (Diamond Path)
PARCEL 2 (Abstract):
The Northwest Quarter(NW1/4) of Section 19, Township 115, Range 19, except the
South 400 feet thereof, and except the East 275 feet of the North 950 feet of the South
Resolution 2000- '
1350 feet thereof(the exception being parts of Country Hills Fourth Addition and
Country Hills Fifth Addition).
PARCEL 3 (Abstract):
The Northeast Quarter(NE1/4) of Section 19, Township 115, Range 19, except that part
of the South 1350 feet lying west of the East 2000 feet thereof(the exception being part
of Country Hills Fourth Addition, Country Hills Fifth Addition and part of Shannon Park
School Addition)
Also
Except the West 725 feet of the East 2000 feet of the Northeast 1/4 of Section 19,
To�vnship 115, Range 19, lying North of the South 200 feet and lying South of the
following described line: Beginning at a point on the West line of the East 2000 feet
1350.11 feet North of the South line of the Northeast 1/4 as measured along the West line
thereof, thence Southeasterly to a point on the East line of the West 725 feet of the East
2000 feet and its intersection with the North line of the South 1100 feet and there
terminating(the exception being part of Shannon Park School Addition)
Also
Except the West 625.05 feet of the East 1275 feet of the North 900.07 feet of the South
1100 feet of the Northeast 1/4 of Section 19, Township 115 North, Range 19 West(the
exception being part of Shannon Park School Addition).
PARCEL 4 (Abstract):
The East 2000 feet of the Southeast Quarter(SE1/4) of Section 19, Township 115,Range
19: Except that part platted as Country Hills Eighth Addition
and
Except that part of the Southeast 1/4 commencing at the Northeast corner of Lot 1,Block
3, Country Hills 3 RD Addition, thence North on the East line of said plat 80 feet to the
point of beginning of the parcel to be excepted, thence continuing North 250 feet,thence
East parallel to the South line 300 feet, thence South 250 feet, thence West 300 feet to the
point of beginning.
TOGETHER WITH:
That part of Outlot C, COUNTRY HILLS FOURTH ADDITION, as platted and of
record in the office of the County Recorder,Dakota County, Minnesota lying northerly of
the following described line and its southeasterly extension:
Beginning at a point on the easterly line of said Outlot C, a distance of 184.87 feet
southerly of the most northerly corner of said Outlot C, as measured along said easterly
line, said easterly line is assumed to bear North O1 degree 12 minutes 41 seconds West;
' Resolution 2000-
thence North 66 degrees 11 minutes 15 seconds West a distance of 78.20 feet to the
westerly line of said Outlot C and there terminating.
PARCEL 5 (Torrens Certificate Number 79690):
The South One-Half of the Northwest Quarter(S 1/2 of NW 1/4) and the North One-Half
(N 1/2) of the Southwest Quarter(SW 1/4) of Section Twenty(20), Township One
Hundred Fifteen(115), Range Nineteen (19), according to the Government survey
thereof.
Described as follows:
The South 515.00 feet of said Government Lot 2, in Section 24, Township 115,
North, Range 20 West lying northerly and easterly of said C.S.A.H. No. 33
(Diamond Path).
Also
Beginning at northwest corner of said Northeast Quarter of Section 19; thence
North 89 degrees 57 minutes 20 seconds East, assumed bearing along the north
line of said I�Tortheast Quarter, a distance of 1,575.12 feet; thence South 09
degrees 14 minutes 15 seconds East, a distance of 296.15 feet; thence South 48
degrees 21 minutes 28 seconds West, a distance of 297.57 feet; thence North 77
degrees 20 minutes 37 seconds West, a distance of 345.30 feet; thence South 80
degrees 35 minutes OS seconds West, a distance of 61.26 feet; thence South 54
degrees 32 minutes 28 seconds West, a distance of 100.74 feet; thence North 88
degrees 51 minutes O1 seconds West, a distance of 62.15 feet; thence South 77
degrees 58 minutes 30 seconds West, a distance of 62.10 feet; thence North 73
degrees 42 minutes 45 seconds West, a distance of 245.14 feet; thence South 89
degrees 57 minutes 20 seconds West, a distance of 100.00 feet; thence South 84
degrees 49 minutes 30 seconds West, a distance of 181.56 feet; thence South 58
degrees 04 minutes 18 seconds West, a distance of 140.02 feet; thence South 48
degrees 25 minutes 29 seconds West, a distance of 110.88 feet; thence South 45
degees 43 minutes 06 seconds West, a distance of 100.38 feet; thence South 40
degrees 43 minutes 56 seconds West, a distance of 101.27 feet; thence South 33
degrees 24 minutes 00 seconds West, a distance of 90.90 feet; thence South 50
degrees 24 minutes 23 seconds West, a distance of 98.10 feet; thence South 85
degrees 53 minutes 07 seconds West, a distance of 65.45 feet; thence North 88
degrees 11 minutes 17 seconds West, a distance of 163.07 feet; thence North O1
degrees 43 minutes 18 seconds East, a distance of 280.94 feet; thence North 70
degrees 48 minutes 39 seconds West, a distance of 119.38 feet; thence South 79
degrees 33 minutes 44 seconds West, a distance of 105.96 feet; thence North 55
degrees 06 minutes 09 seconds West, a distance of 263.70 feet; thence South 66
degrees 14 minutes O1 seconds West, a distance of 135.25 feet; thence North 36
degrees 38 minutes 50 seconds West, a distance of 462.36 feet; thence North 00
degrees 02 minutes 40 seconds West, a distance of 104.29 feet to the north line of
the Northwest Quarter of said Section 19; thence North 89 degrees 57 minutes 20
Resolution 2000- •
seconds East, along said north line, a distance of 1,236.39 feet to the point of �
beginning.
Also
Commencing at the northwest corner of said South Half of the Northwest Quarter of
Section 20; thence North 89 degrees OS minutes 35 seconds East, assumed bearing along
the north line of said South Half of the Northwest Quarter, a distance of 259.66 feet to the
actual point of beginning; thence continuing easterly along said line, a distance of
2,385.44 feet to the northeast corner of said South Half of the Northwest Quarter; thence
South 00 degrees 21 minutes 21 seconds East, along the east line of said South Half of
the Northwest Quarter, a distance of 2,667.96 feet to southeast corner of said North Half
of the Southwest Quarter; thence South 89 degrees 50 minutes 25 seconds West, along
the south line of said North Half of the Southwest Quarter, a distance of 2,626.40 feet to
southwest corner of said North Half of the Southwest Quarter; thence South 00 degrees
45 minutes 37 seconds East, along the east line of said Southeast Quarter of Section 19, a
distance of 1,316.80 feet to southeast corner of said Southeast Quarter; thence South 89
degrees 55 minutes 22 seconds West, along the south line of said Southeast Quarter, a
distance of 1,286.97 feet; thence North 00 degrees 04 minutes 38 seconds West, a
distance of 193.08 feet; thence North 53 degrees 59 minutes 42 seconds West, a distance
of 324.27 feet; thence North 00 degrees 22 minutes 16 seconds East, a distance of 140.60
feet; thence westerly along a non-tangential curve concave to north having a central angle
of 12 degrees 04 minutes 37 seconds, and a radius of 660.00 feet for an arc distance of
139.12 feet, the chord of said curve bears South 83 degrees 53 minutes 04 seconds West;
thence South 89 degrees 55 minutes 22 seconds West, tangent to last described curve, a
distance of 20.20 feet; thence North 00 degrees 45 minutes 37 seconds West, parallel to
the east line of said COLJNTRY HILLS THIRD ADDITION, a distance of 40.00 feet, to
a point 300.00 feet east of said east line, as measured along a line parallel to the south
line of said Southeast Quarter and beginning 80 feet north of the northeast corner of said
Lot 1, Block 3 as measured along said east line; thence continue northerly along said line,
a distance of 250.00 feet; thence South 89 degrees 55 minutes 22 seconds West,parallel
to said south line, a distance of 300.00 feet to said east line; thence North 00 degrees 45
minutes 37 seconds West, along said east line, a distance of 978.45 feet; thence North 89
degrees 14 minutes 23 seconds East, a distance of 150.54 feet; thence North 80 degrees
25 minutes 09 seconds East, a distance of 62.22 feet; thence North 89 degrees 14 minutes
23 seconds East, a distance of 144.22 feet; thence North 88 degrees 47 minutes 28
seconds East, a distance of 117.65 feet; thence North 81 degrees 03 minutes 47 seconds
East, a distance of 1,049.28 feet; thence northerly along a non-tangential curve concave
to east having a central angle of 20 degrees 57 minutes 32 seconds, and a radius of
300.00 feet for an arc distance of 109.74 feet, the chord of said curve bears North 09
degrees 09 minutes 14 seconds East; thence North 19 degrees 38 minutes 00 seconds
East, tangent to last described curve, a distance of 62.11 feet; thence northerly along a
tangential curve concave to the west, having a central angle of 55 degrees 57 minutes 42
seconds and a radius of 450.00 feet, for an arc distance of 439.52 feet to a point of
reverse curvature; thence northwesterly along said reverse curve, concave to the
northeast, having a central angle of 12 degrees 39 minutes 08 seconds and a radius of
310.00 feet, for an arc distance of 68.46 feet; thence North 61 degrees 00 minutes 43
seconds East, not tangent to last described curve, a distance of 30.14 feet; thence
' Resolution 2000-
northerly along a non-tangential curve concave to east having a central angle of 42
degrees 45 minutes 23 seconds, and a radius of 280.00 feet for an arc distance of 208.95
feet, the chord of said curve bears North Ol degrees 43 minutes 38 seconds West; thence
North 19 degrees 39 minutes 04 seconds East,tangent to last described curve, a distance
of 31.82 feet; thence North 81 degrees 08 minutes 58 seconds East, a distance of 756.04
feet; thence North 00 degrees 00 minutes 04 seconds West, a distance of 990.61 feet to
the point of beginning.
ADOPTED this 16`h day of May, 2000,by the City Council of the City of Rosemount.
Cathy Busho,Mayor
ATTEST:
Linda J. Jentink, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
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Planning Commission
Regular Meeting Minutes Apri125, 2000
t to due call and notice thereof, the Regular Meeting of the Planni ommission
was du eld on Tuesday, April 25, 2000. Chairperson Bill Droste ed the meeting to
order at 6:3 . with members Jay Tentinger, Kim Shoe-Co '�an, and Jeffery
Weisensel presen . lso in attendance were City Planner ' Pearson, Water Resource
Coordinator Alyson 's, Acting City Engi.neer Br eiss, and Councilmember
Sheila Klassen.
There were_no additions or correctio the agenda.
Commissioner Shoe-Corrigan quested ch es to the statement by Katie Corrigan, in
addition to Ms. Shoe-Co ' an's statements con � g�ansition setback and mowed
trails. MOTION by ntinger to approve the Apri , 2000 Re�ular Planning
Commission Me ' g Minutes, as amended. Seconded Weisensel. Ayes: Tentinger,
Droste, Shoe- orrigan and Weisensel. Nays: 0. Motion c 'ed.
Cou i ember Klassen and Mr. Pearson summarized topics of disc sion at the City
uncil worksession on April 12.
Old Business: Kelley Trust Development Preliminary Plat (Cont'd.
from 4-11-001
Mr. Pearson presented an overview of City Council direction to staff concerning the
Kelley Trust preliminary plat. He reviewed the staffrecommendation concerning public
open spaces and privately owned open spaces. Areas which do not serve a public
function are designated private open spaces. All open spaces are regulated by the
Wetland Protection Ordinance. Trails and sidewalks are on both sides of Street A. Some
trails were removed in the northeast comer of the development and replaced with buffer
area. Staff recommends enhanced landscaping along the northern edge and between the
active senior homes and homes along Shannon Parkway.
Street issues were discussed. Commissioner Tentinger confirmed the definition of"face-
to-face"measurements for streets.
The city will be responsible for trail linkages. Chairperson Droste suggested additional
language clarifying that the public trails owned by the homeowners' associations will not
only be maintained by the city,but will also be replaced by the city as needed. Trails that
do not provide a citywide function will be maintained by the homeowners associations.
The Parks&Recreation Committee does not recommend mowed trails, indicating that
additional maintenance is required and pointing out a mowed trail already exists in
Carrolls Woods Park. A tunnel under Connemara Trail is recommended.
\
. Planning Commission
Regular Meeting Minutes
Apri125, 2000
Page 2
Commissioners reviewed the housin�element of the development. Commissioner Shoe-
Corrigan noted differences in setbacks for the Upplands and Drumcliffe Estate Homes.
Following discussion, the developer a�eed to change the rear yard setbacks for
Drumcliffe to 50-100 feet and the side yard setbacks for Drumcliffe to 10'(both),which
is consistent with setbacks for the Upplands Estate Homes.
Commissioner Shoe-Corrigan indicated the 20' rear yard setback for the Heath Haven
Classic Homes does not provide suffcient buffering for the rural residential area to the
east. She requested stronger language supporting the AUAR recommendations for
buffers and specific language definin�"enhanced landscaping." The developer
explained the setback combined with the buffer provides a 70-foot setback. Clustering
restraints were addressed and the proposed type of landscaping was reviewed. The
existing tree line would remain. Following discussion,the developer agreed to a 30-foot
setback for the outer-edge lots in Heath Haven adjacent to the Rural Residential District.
MOTION by Droste to recommend that the City Council approve the Evermoor
preliminary plat/PUD development plan subject to execution of a PUD agreement that
will secure the recommendations of the Engineering/Public Works, Parks &Recreation,
Planning, Police &Fire Departments, together with the following recommendations: 1)
30 foot minimum setback for the outer-edge lots in Heath Haven adjacent to the Rural
Residential District; 2) 50'-100' rear yard setback for the Drumcliffe(Estate Homes); and
3) 10' (both) side yard setback for Drumcliffe(Estate Homes). Seconded by Tentinger.
Ayes: Droste, Shoe-Comgan, Weisensel, and Tentinger. Nays: 0: Motion carried.
MOTION by Droste to recommend that the City Council rezone land consistent with
applicable zoning districts. Seconded by Tentinger. Ayes: Shoe-Corrigan, Weisensel,
Tentinger, and Droste. Nays: 0. Motion carried.
MOTION by Droste to recommend that the City Council approve a subdivision of the
Evermoor property commensurate with the phasing plan subject to the execution of the
PUD agreement. Seconded by Tentinger. Ayes: Weisensel, Tentinger, Droste, and
Shoe-Corrigan. Nays: 0. Motion carried.
ublic Hearin : Herita e Develo ment Conce t Residential
P for Carrousel Plaza South
Chairper Droste opened the public hearing on the applicat' y Heritage
Development a Concept Planned Unit Developme . e recording secretary has
placed the Affidavi f Publication,Af�davit ailing and Posting of a Public Hearing
Notice on file with the ' •
Tom Von Bische summariz e for a 38-unit townhome development located
north of Wachter's L , south of the m � theatre, and east of Chippendale Ave.
Commission entinger confirmed the six unit buil would not have flat backs,
whic the appearance of barracks.
Planning Commission
Regular Meeting Minutes
April 25,2000
Page 3 . �
Mr. Pearson explained the minimum standards for design apply. Concept approval for 36
units was previously granted for this site. Access issues were discussed.
Chairperson Droste opened the public hearing.
Dan Markes, 15420 Chokecherry Ave., asked whether the townhomes would be rental
units. Mr. Von Bische presumed the units would be owner occupied.
Dan Huntin�ton, Lakeville, inquired about any future use of the lot located north of the
development and the price range for the townhomes. Mr. Von Bische was not aware of
any plans for the remai.ning lot. To�vnhomes are expected to start at $135,000.
MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes:
Tentinger, Droste, Shoe-Corrigan, and Weisensel. Nays: 0. Motion carried.
Discussions continued concernin�building design, density, and buffering along the
theatre property.
MOTION by Tentinger to recommend that the City Council approve the Concept
Residential PUD for Carrousel Plaza South subject to: 1) Rezoning the housing area to
BP-4, Business Park; 2) Conformance with the balance of the PUD requirements
including platting, the PUD development plan, and execution of a PUD and subdivision
agreement to secure public and private improvements. Seconded by Droste. Ayes:
Droste, Shoe-Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried.
Chairperson Droste recessed the regular Planning Commission meeting and convened the
Board of Appeals &Adjustments.
Public Hearin�: Associated Wood Products Variance
Chairperson Droste opened the public hearing on the application by Associated Wood
Products for a variance to maximum accessory structure height standards in the Business
Park. T'he recording secretary has placed the Affidavit of Publication, Affidavit of
Mailing and Posting of a Public Hearing Notice on file with the City.
Mr. Pearson described the proposed development of a parcel in the Business Park,
located in the southwest corner of CSAH 42 and Biscayne Ave. He summarized the site
plan and indicated the site plan wzll go through an administrative review. Dust collection
equipment and a silo, which are located on the south side of the building, are 50 feet in
height, exceeding the maximum height of 40 feet for accessory structures in the Business
Park. The Planning Commission must determine whether the dust collection equipment
and silo are mechanical appurtenances or accessory structures. If inechanical
appurtenances, a variance is not required.
\
Planning Commission
Regular Meeting Minutes
April 25,2000
Page 4 - �
Chaiiperson Droste opened the floor to the applicant. Rick Martens is with a real estate
development firm and appeared on behalf of the applicant. Mr. Martens provided a
history of the company. He explained the nature of the dust colIectors and silo and
indicated they are not connected to the building except by ductwork. Darrell Anderson,
architect for the applicant,provided information on the site lines, landscaping, and
screening.
Chairperson Droste opened the public hearing.
Jud�Sundt, 14885 Bittersweet Ct., inquired about the view of the dust collectors and silo.
Mr. Pearson described the building layout and landscaping. Mr. Anderson shared details
of the site plans and specific information on site lines.
- Harvev Sundt, 14885 Bittersweet Ct., asked if there are any pollution concems. Mr.
Pearson explained any emissions would be regulated by the state and county through
licensing and permitting. Mr. Anderson indicated the company is environmentally sound
and, due to the nature of the business, extra fire precautions are taken. The design of the
dust collectors and silo do not allow anything to escape into the air.
Dorothy Hinrichs, 14918 Bittersweet Court, inquired about access to the property and
paving of Biscayne Avenue.
MOTION by Droste to close the public hearing. Seconded by Weisensel. Ayes: Shoe-
Corrigan,Weisensel,Tentinger, and Droste. Nays: 0. Motion carried.
Chairperson Droste suggested the University of Minnesota be notified of the proposed
proj ect.
MOTION by Weisensel to affirm that the 50 ft. dust collectors and silo are necessary
mechanical appurtenances that qualify for the 10 ft. additional height allowance.
Seconded by Droste. Ayes: Weisensel,Droste, and Shoe-Comgan. Nays: Tentinger.
Motion carried.
Chairperson Droste closed the Board of Appeals&Adjustments and reconvened the
regular Planning Commission meeting.
Public Hearing: Business Park Lot Split
Chairperson Droste opened the public hearing on the application by the Rosemount Port
Authority for a lot split in the Rosemount Business Park. The recording secretary has
placed the Affidavit of Publication,Affidavit of Mailing and Posting of a Public Hearing
Notice on file with the City.
Mr. Pearson explained the need for a lot split in the Business Pazk to facilitate
development of the northern half of the parcel by Associated Wood Products. An
adjustment to the lot split line must be made as a result of recent discussions with the
Planning Commission
Regular Meeting Minutes
Apri125,Z000
Page 5 .
pipeline company concerning a change in the pipeline easement. The lots will meet
minimum requirements and will include cross access easements.
Chairperson Droste opened the public hearing. There were no comments.
MOTION by Tentinger to close the public hearing. Seconded by Weisensel. Ayes:
Tentinger, Droste, Shoe-Corrigan, and Weisensel. Nays: 0. Motion cazried.
MOTION by Tentinger to recommend that the City Council approve the lot split for Lot
3, Block 2, Rosemount Business Park Second Addition. Seconded by Shoe-Corrigan.
Ayes: Droste, Shoe-Corrigan, Weisensel, and Tentinger. Nays: 0. Motion carried.
There being no further business to come before this Commission, upon MOTION by
Droste and upon unanimous decision, the meeting was adjourned at 9:10 p.m.
Respectfully submitted,
� Dianne G. Quinnell
Recording Secretary
,
. Planning Commission
Regular l�ieeting Minates
April ll,Z000
Page 2 _ .
Public Hearin�: Evermoor (Kelley Trust) Preliminary Plat/PUD
� Develonment Plan, Rezonings (Cont'd. from 3-28 00�
Chairperson Droste opened the public hearing on the application by Contractor Properiy
Developers Company(CPDC) for the Preliminary Plat for Evermoor(Kelley Trust
development). This public hearing is continued from March 28, 2000.
Councilmember Klassen announced a City Council worksession scheduled for
Wednesday,April 12,2000, at 6:30 p.m.,to discuss issues related to the Kelley Trust
development.
Chairperson Droste opened the floor to the Applicant Homer Tompkins and consultants
for CPDC were present to respond to questions.
Mr. Pearson presented a summary of staff s recommendations for the preliminary plat.
He indicated that the�vetlands would go through a separate review process. Examples of
wetland mitigation were given. Mr.Pearson explained the developer has reduced the
level of impact to the high-quality R•etlands by modifying the street design,preservina
ponds, addi.n�graded wetland areas,and constructing retaining walls.
Unresolved issues include street widths,trail maintenance, and public vs.private open
spaces. The developer does not agree with 36' street widths for Street A in the area with
direct driveway access.
Commissioner Weisensel inquired about the impact on wetlands. Alyson Moms
responded there is a total of approximately 32 acres of wetlands, 1.1 acre of which has
been impacted. Mr. Jelle with CPDC clarified the total acres include wetlands and
stormwater ponding.
Discussions continued concerni.ng rear yard setbacks,density east of Shannon Parkway,
housing percentages, and the cost of maintaining open space.
In response to questions concerning parks on the east side,Dan Schultz indicated the
Parks &Recreation Committee recommended those paz�s be private. He suggested the
city pursue an underpass on Connemara TraiL
Chairperson Droste suggested cleaz language in the PUD requiring paved paths along
both sides of the collector streets,including Shannon Parkway, Connemara, and Street A.
Bret Weiss addressed issues of trail maintenance,recommending the city maintain the
trails on collector streets and that the homeowner associations be responsible for mowing
and tree maintenance along the trails.
Mr. Weiss also addressed concerns about the 36' wide sireets. Chairperson Droste feels
the wide streets take away from the charm of the neighborhood. Mr. Weiss noted
,
. Planning Commission
Regular Meeting Minutes '
Apri111,2000
Page 3 �
problems that would result if Street A were less than the recommended 36' in the azea
where houses front the street. He further recommended no parking on Street A. �
Mr. Tompkins named various builders for this development. He explained an
Architectural Advisory Committee would be assembled to review all building plans. All
building permits must obtain committee approval prior to issuance. Mr..Tompkins also
described plans for fiber optics and communication systems.
Chairperson Droste opened the floor to the public.
Chairperson Droste entered into the record a letter, dated March 26, 2000, from Richard
and Meryl Eastwood.
Katie Corrigan, 12990 Shannon Parkway,presented a Petition signed by students sayi.ng
they caze about the land surrounding Shannon Park and want to help save it. The Petition
was entered into the Clerk's record.
Commissioner Shoe-Corrigan summarized her concerns about the development,
including speed&safety concems on Connemara, Shannon Parkway, and Street A. Also
of concem is the transition area between the senior housing and R-1 housing on Shannon
Parkway,together with the northem area on the east side between houses on 1315t Street
and the R-1 housing. She feels a 50' setback between different housing types is
appropriate for transition. The paved trail beriveen 131�Street and the R-1 housing
should be replaced with a mowed trail for cross-counhy skiing. She would like to see
language in the PUD addressing setbacks, sheds, and outside storage, along with height
restrictions on the Estate Homes. She prefers to see the high point vista preserved and
landscaping along Street A to create a comdor. Mr. Jelle indicated they would address
the spacing on 131St street, trails, and setback concems.
Mr. Pearson indicated the Estate Homes are of tremendous value, and that landscaping,
buffering and setbacks will mitigate the multi-level homes. He explained that height
restrictions could not be mandated. Density in the Estate Homes area is consistent with
the concept plan.
MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe-
Corrigan, Weisensel,Tentinger, and Droste. Nays: 0. Motion carried.
Commissioner Weisensel expressed his concern that 63%of the wetlands have been
impacted. He feels the developer did not meet expectations. Alyson Morris explained a
more accurate representation is the percentage of impact based on acreage. A further
breakdown of impacts to the wetlands will be provided to the Planning Commission.
Commissioners noted remaining issues and the importance of clearly stating expectations
in the PUD.
� Planning Commission
Regular Meeting Minutes
April l l,2000
Page 4 . � .
MOTION by Droste to table action until Apri125,2000,to allow staff an opportunity to
provide additional detail regazding the PUD agreement. Seconded by Shoe-Corrigan.
Ayes: Weisensel,Tentinger,Droste, and Shoe-Corrigan. Nays: 0. Motion carried.
Chairperson Droste recessed the meeting at 9:15 p.m. for 5 minutes.
Chairperson Droste recessed the regular Planning Commission meeting and opened the
Board of Appeals&Adjustments.
Public Hearin : Jeffe Johnson Variance for Accessorv S cture
ont'd. from 3-28-00
C ' erson Droste opened the public hearing on the application by Je ry Johnson for a
van ce to setbacks for an accessory structure. This public hearin s continued from
Marc 28,2000.
Jeffery Jo on explained the lim.itations for building sites n his property due to steep
slopes and es. He is requesting a variance to place a age i.n the northeast comer of
his property, e feet from the north and east property es. The required setback is 30
feet.
Mr. Pearson noted th steep slopes are charact stic of the entire site. He su�gested an
alternative location in e front yard, which w uld require a lesser variance. Mr.Peazson
was unable to support the equested varian for the northeast comer.
Chairperson Droste opened th Public eari.ng.
Sharon Johnson, 12445 Chinchilla ourt,is a neighbor and expressed her strong
opposition to placement of the g ag in the front yard. This would be in direct view of
her house and would decrease r prop rty value. If the gazage were placed in the
northeast comer, it would be ut of sight.
Discussions continued c ncerning altemate 1 ations,including a site closer to the house.
Mr. Johnson responde this site was initially p ferred but,because of the severity of the
slope, it required ext ive grading&backfill an also involved the removal of 4 oak
trees. T'his site wo d be more visible to homes ac ss the pond,and he would be unable
to back equipmen into the gazage at this location. Johnson explained the location in
the northeast co er would allow the garage to be cut in the side of a hill,resulting in
less visible crete.
MOTIO by Droste to close the public heari.ng. Seconded b Tentinger. Ayes:
Tentin er,Droste, Shoe-Corrigan, and Weisensel. Nays: 0. Mo carried
C 'ssioner Tentinger felt the variance in the northeast comer was t much,but
would be willing to grant a lesser variance for the site closer to the house.
,
Planning Commission
Regular Meeting Minutes
March 28, 2000 .
Page 3 �
September 10, 1999;#2-Letter to City Council, dated March 10, 1999• #3-Memo from
ity to Property Owners,dated September 9, 1987;#4-Executive S ary to Planning
mmission, dated December 22, 1998;#5-Executive Summarie o City Council,dated
Jan ary 19, 1999. Mr. Hansen indicated the concem for servi s to this area was never
brou t up in past discussions.
Chairperso Droste opened the public hearing. There w e no comments.
MOTION by D ste to close the public hearing. S onded by Tentinger. Ayes:
Tentinger, Droste, oe-Corrigan, and Weisensel. ays: 0. Motion carried.
Commissioners felt a sin e-family develop nt on this site would blend in with
surrounding properties and at rezoning to rban Residential was appropriate.
Councilmember Klassen indicate the ity Council would be reluctant to change the
Comprehensive Plan.
MOTION by Tentinger to reco end t the City Council amend the 2020 Rosemount
Comprehensive Plan to redesi ate the pro erty from Public/Institutional to Urban
Residential. Seconded by oste. Ayes: Dr te and Tentinger. Nays: Shoe-Comgan
and Weisensel. Motion f ed.
MOTION by Tentin er to recommend that the City uncil rezone the land to R-1, Low
Density Residenti from Agriculture (AG). Seconded Droste. Ayes: Tentinger and
Droste. Nays: oe-Corrigan and Weisensel. Motion fail .
MOTION b Tentinger to recommend that the City Council app ve a modified concept
residential UD subject to: a) availability of urban services; b) eli ' ation of all
variance ; and c) elimination of one street connection to Biscayne Ave e. Seconded by
Drost Ayes: Tentinger and Droste. Nays: Shoe-Corrigan and Weise . Motion
faile .
airperson Droste recessed the meeting at 7:05 for 10 minutes.
Public Hearing: Evermoor (Kellev Trust) Preliminar,y Plat/PUD
Development Plan, Rezonings -
Chairperson Droste opened the public hearing on the application by Contractor Property
Developers Company(CPDC) for the Preliminary Plat for Evermoor(Kelley Trust
development). The recording secretary has placed the Affidavit of Publication,Affidavit
of Mailing and Posting of a Public Hearing Notice on file with the City.
Chairperson Droste opened the floor to the Applicant. Craig Rapp appeared on behalf of
CPDC. He introduced Dwight Jelle,Project Manager/Engineer.
' Planning Commission
Regular Meeting Minutes
March 28,2000
Page 4 -
Mr. Jelle addressed issues related to transition with existing neighborhoods, matching
existing lot sizes,buffering and trails, greenspace transition from wooded areas, parks
and open space. Mr. Jelle entered of record attachment#6 entitled Project Summary. He
indicated public improvements financed by the developer include$350,000 in park
improvements and$400,000 in trail improvements. He identified public parks and
private open spaces. He explained the challen�es in designin�roadways and preserving
wetlands and indicated the wetland impact is under 4%. �
Terry Metula with D.R. Horton described plans for the active adult housing.
Chairperson Droste opened the floor to the public.
Pamela Cazlson, 4483 Upper 135�'St. W., expressed concems about public access to
� Birger Pond,buffering, the loss of the scenic rzew north of Birger Pond where the estate
homes are planned,the use of retaining walls,and sufficient open space comdor for
wildlife.
Mr. Jelle pointed out public parking in the Birger Pond area,reviewed wetland buffers,
and explained grading plans and tree preservation.
Ed Hasek, Landscape Architect for CPDC, further explained the natural systems,
showing what areas are being preserved and dedicated green space. Trees and shrubbery
conducive to wildlife will be preserved.
Sherri Buss, Landscape Architect with Bonestroo,Rosene,Anderlik&Associates also
addressed the wildlife corridor issue,indicatin;enhanced plantings will help wildlife
move from one area to another.
Dennis Randall, 14034 Clover Lane,does not feel the plan protects the natural resources
and open space. He encouraged cluster housing and higher density.
Michael Mazdell, 12918 Denmark Ave.,Apple Valley,inquired about buffers along the
northern edge, tree preservation,the wildlife corridor, and emergency services to his area.
Mr. Pearson responded that Rosemount fire and emergency vehicles would service this
area.
Discussions continued on the buffers and buildi.ng setbacks. Mr. Jelle indicated that
buffers in the Apple Valley section would be discussed fiuther at the Apple Valley
meeting.
Mr. Hasek responded to questions concerning tree replacement,describing the proposed •
planti.ngs and explaining which trees would be saved.
Mr. Rapp and Mr. Tompkins addressed issues regazding density transfer, clustering, and
preservation of natural resources and steep slopes.
Planning Commission
Regular Meeting Minutes
March 28, 2000 '
Page 5 -
Sarah Trachet, 4635 129`h Street West,Apple Valley,wants lazger lots in the northern,
transition area. She asked what the actual density is after excluding Birger Pond and the
protected wetlands, and expressed concern with outside storage of recreational�ehicles,
along with traffic on Diamond Path. Ms. Trachet presented a letter,which was entered as
Attachment#7.
Mr. Jelle responded to density questions, indicating net density is 2.1 units per acre. Bret
Weiss addressed Diamond Path concerns.
Tom Gurnev, 13800 Shannon Parkway, expressed concems about the speed li.mit on
Shannon Parkway and the control of construction traffic.
Mr. Weiss explained speed limit standards and indicated the City and developer w-i]1 be
meeting to address street issues and restrictions on construction traffic.
Chairperson Droste opened the floor to the Commissioners. .
Commissioner Weisensel inquired about the developer's plans for high-voltage wires.
Additionally, he pointed out the roadway that intrudes into a wetland and asked whether
anything is being done to address free flow. Mr. Jelle responded they are talkinQ to NSP
about the overhead wires and that the preliminary plans provide for a concrete cul�ert,
approximately 24"in size.
Commissioner Shoe-Corrigan inquired about the wetland application process and any
impact to adjacent wetlands. Alyson Morris explained the wetland application process
allows a 30-day comment period, followed by the appeal process. She further indicated
that no issues have been identified with adjacent wetlands.
Phasing of the development was discussed. The developer expects a 10-year timeframe
for completion of the proj ect.
MOTION by Tentinger to continue the public hearing until April l l,2000. Seconded
by Droste. Ayes: Tentinger, Droste, Shoe-Comgan, and Weisensel. Nays: 0. Morion
carried.
Chairperson Droste recessed the meeting for ten minutes at 8:50 p.m.
Chairperson Droste recessed the regular Planning Commission meeting and opened the
Board of Appeals&Adjustments.
Pu 'c Hearin • effe Johnso riance
C irp son Dros ope d the public he g o the applicario y ffery Jo n for a
v 'ance setb ks for an ccessory s cture. Th recording ecre has p aced
ffidavit o ublication,Af vit o ailing and Po ' a Public ' g Notice on
ile with the City.
- CITY COUNCIL D R AF�
COMNIITTEE OF THE WHOLE
APRIL 12,2000
MEETING MINUTES
Pursuant to due call and notice thereof a Committee of the Whole Council Meeting was held on
Wednesday, April 12, 2000, at 6:30 pm. in the Council Chambers.
Mayor Busho called the meeting to order with Councilmembers Klassen, Edwards, Casper and
Cisewski present. Also in attendance were Parks&Recreation Director Schultz, Water
Resources Engineer Morris, City Planner Pearson, and Actin�City Engineer Weiss.
Rosemount Business Council
The Mayor and Councilmembers acknowledged members of the Rosemount Business Council
who were present. The Councilmembers discussed the efforts to date regarding the Commercial
Area Design & Enhancement Plan, participation of the Redevelopment Focus Committee and the
Downtown Scoping Committee. The identified concerns relarive to the new group were:
additional process expectations, special interests of the new group, and especially, the new group
receiving superior access the City Council over individuals and other groups who would
participate through the public comment portion of any Council or Commission meeting. It was
noted that the Business Council did not represent every business in Rosemount.
Councilmembers agreed to accept the letter previously presented with no anticipated changes to
current procedures or policies.
Kelley Trust Property
City Planner Pearson explained the extent of discussions that have occurred between the Cities of
Apple Valley and Rosemount concerning the possible swap of land through annexation. The
result would give all of the Valleywood golf course currently in Rosemount to Apple Valley. In
return, Rosemount would gain six estate lots with peripheral land for utilities and green space, as
well as the edge of Birger Pond currently in Apple Valley. The benefit is to gain control of the
entire perimeter of Birger Pond for park development. The siY lots are at the end of a long cul-
de-sac with no other connections to Apple Valley.
After some further discussion regarding the merits of additional dwellings on Birger Pond, the
Councilmembers agreed that the"swap"of land between the two cities was acceptable.
Parks & Recreation Director Schultz discussed the scenario of the Birger Pond Park dedication.
The park would include the pond area between the normal water elevation and the 100 year flood
elevation characterized as "the donut". While it is unusual to acquire a ponding"bounce" area,
this situation is special with special amenities including aquatic plantings and educational
opportunities. Consistent maintenance and overall control of the entire pond area would also
contribute to a better park. Mayor Busho expressed the need for a policy to guide further actions,
�RAFY
and ensure that the Birger Pond situation was unique.
Discussion ensued concerning the appropriate break down of open spaces. Parks &Rec. Dir.
Schultz explained the recommendation of 18.6 acres for Birger Pond and the additional acreage
for the scenic overlook. The high-point of the development was considered. The Parks and
Recreation Committee dismissed this areas' importance because of the post-development views
of roof-tops. The street design for this part of the estate home neighborhood did not lend itself to
redesign. Councilmembers agreed. Director Schultz explained the recommendation for trails,
that the city would maintain the trails with an easement in a twenty foot wide comdor. Most of
the rest of the open space should remain public or private open space. Mayor Busho proposed
several wetland areas that would become city responsibility, but not necessarily park space. The
concern was to ensure that the trails would be accessible to anyone. Craig Rapp of Contractor
Property Developers Company(CPDC) indicated that the developer could maintain the open
space for 3-5 years. Then, the Homeowners Association would take over responsibility for
maintenance.
Councilmember Edwards asked if the developer and the city could enter into a partnership to
reimburse the city for maintenance. Other options including escrows were discussed. Some
additional discussion with the developer would be necessary. Homer Tompkins of CPDC
suggested that the homeowners association would ultimately be responsible for maintenance.
_ The concern of the future homeowners association ability or willingness to be responsible is still
at issue. Parks Director Schultz indicated the recommendation to maintain the trails only.
Acting City Engineer Weiss mentioned that the city would not likely want to be in a position to
have to remove fallen trees after a storm. Councilmember Edwards asked what the city would
gain from having responsibility for the amenities. Mayor Busho added the concern for the cities
ability to provide higher standards or expectations of maintenance service in the Evermoor area
than that which occurs in other parts of the city. Staff will be assembling specific
recommendations regarding the ultimate status of all of the various public/private spaces.
Councilmember Casper discussed his concerns regarding the need for additional ballfields in the
city. The AAA has discussed several alternatives for potentially limiting programs. The
Councilmembers discussed the Kelley Trust park dedication and how this need should be met on
a city-wide basis. Director Schultz indicated that he had requested that AAA provide
demographic projections to assist in future facility planning.
Acting City Engineer Weiss explained the staff recommendation regarding street widths. "Street
A"would be 32' wide(face to face) except where lots front on the street west of Shannon
Parkway. The street would be 36'wide in this area to allow space for passing around turning
vehicles. Most local streets would be 28' wide with parking allowed on one side. There would
also be some 24' wide one way only streets, particularly in the traditional neighborhood. 24'
wide streets would also have parking on only one side. Parking may be enhanced with"bump-
outs"or indentations along the street specifically for parking. Striping options were also
discussed. Connemara Trail would probably be 52'wide to match the existing, but additional
study will be needed to reach final conclusions. Since Connemara is in the second phase,
sufficient time should be available to arrive at mutually acceptable solutions.
DRAF�
Snow plowing issues were discussed which included several options. There appeared to be
consensus for a policy that would create a limited parking ban for snow plowing. Older parts of
the city would probably have to be exempt. Such a policy would have to be easy to understand
in contrast to Minneapolis and St. Paul snow emergency procedures. After considerable
discussion, the Councilmembers found the staff recommendations for street widths to be
acceptable. The Councilmembers expressed interest in the recommendation for a tunnel under
Connemara Trail. The street connection to 131 st Street West did not have support. It may be
recommended for a utility connection and possibly a trail. Last of all, the idea of interupting
Street S between Streets BB and U did not have support from the Councilmembers.
Commissioner Appointments
An add for commission appointments will be placed next week. The goal would be to appoint
new Commissioners on or about June 1. The merits of commissions having 3 to 5 members was
discussed.
The worksession adjourned at 10:00 pm.
Respectfully submitted,
Rick Pearson, City Planner
MEMORANDUM
TO: Rick Pearson, City Planner
FROM: Dan Schultz, Parks and Recreation Director
DATE: Apri16, 2000
RE: Evermoor Development (Kelley Trust)
The developer of Evermoor (Kelley Trust Property) must dedicate 26 acres of land or cash in
lieu of land, for park dedication. There has been much discussion about what should be
accepted as parks and open space. The following is a list of recommendations and points of
concem being raised by staff. I have also attached a copy of the park proposal that the
developer distributed at the Parks and Recreation Committee meeting on March 27, 2000.
Public Parks
� Accept as park dedication 18.46 acres of land starting at the normal water level at Birger
Pond and 8.99 acres at the scenic overlook as proposed by the developer. This park would
be a community park open to the public. The maintenance would be paid for and provided
by the developer until the developer exits the development. The developer would receive
park dedication credit of approximately $165,000.00 for the purchase and installation of the
following park improvements:
Item Amount
Parkin lot $ 15,000
Picnic shelter $ 45,000
Pla e ui ment $ 45,000
Landsca in $ 15,000
Scenic overlook $ 30,000
Innisfree Point $ S,ppp
Pedestrian water crossin * $ 10,000
Total $165,000
*Park credit will be given only if the structure is built in Rosemount.
Page 2
TraiLs
� The city should request 8-foot bituminous trails to be installed on collector streets.
As for off-street trails, the city has a few options to pursue; one option is to request
easements on all off-street trails. This would leave the homeowners association responsible
for maintaining the areas up to the trails and possibly the trails themselves, but still allow
use by the public.
Another option is to accept as park dedication, approximately 11.5 acres of land for off-
street trails. The land would come as 20-foot wide corridors (approximately 25,000 lineal
feet) and the developer would pay for the construction of the trails (approximately
$450,000.00 worth of 8-foot bituminous off-street trails). Once the trails are complete, they
would then be turned over to the city for ownership and maintenance. The concern with
this option is that once the maintenance is the city's responsibility, what level of service
will be expected as far as plowing and clearing during the winter?
Open Space
• The developer has offered to dedicate approximately 117.7 acres of land including natural
areas such as woodlands, ponds, and wetlands. The city would receive the land as outlots
for the intended use of public parks. Staff recommends that the homeowners associations
own and maintain this land. If the development has strong homeowners associations, as the
developer states they will, there should not be a problem managing and maintaining such a
large area.
- B.A.Mittelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,PE.
II���� 8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W.Sterna,PE.
- Ronald B. Bray,P.E.
612-541-4800
&Associates, Inc. FAX 541-1700
Memorandum
TO: Rosemount Planning Commission
FROM: Bret A. Weiss, P.E.
Acting City Engineer
WSB & Associates, Inc.
DATE: April 6, 2000
Re: Speed Limit and Stop Sign Control Considerations
Shannon Parkway
The purpose of this memorandum is to provide the planning commission with additional
information related to local speed limits and traffic control, but in specific reference to
Shannon Parkway. This memorandum is intended to provide some response to the
questions posed by Tom Gurney at the previous planning commission meeting. Attached
to this memorandum is information researched by Alyson Morris related to this issue.
Speed Limits
• Once a speed limit has been set by the Commissioner of Transportation (i.e., 35 mph
on Shannon Parkway just north of Connemara Trail), there are only five ways in
which this speed limit can be changed without Commissioner of Transportation
approval. Those ways are noted as follows:
1. The subject roadway must be located within an urban district. That is, if
either residential or commercial buildings are located within 100 feet spacing
continuously for at least one-quarter mile.
2. The subject roadway is located in front of a school.
3. The subject roadway is located within park property.
4. If an on-street bike path is present which is designed to bikeway standards.
5. If the roadway is less than one-quarter mile in length.
Minneapolis • St . CLoud
Infrastructure Engineers Planners
EQUAL OPPORTUNITY EMPLOYER
Rosemount Planning Commission
April 6, 2000 -
Page 2
This area does meet first condition, however, as is noted on the information from
Alyson, this area has been repeatedly studied and was recommended to remain as it is
currently signed.
• Recent studies have shown that a speed limit that is set below the 85th percentile
speed (the speed in which 85 percent of the drivers are traveling which is the method
used to set the current speed limit) will cause an increase in accidents. It has been
documented that for every 5 mph below the 85th percentile speed limit, a 5 percent
increase in accidents will occur.
• It is shown that regardless of the posted speed limit, drivers are going to drive at a
speed that is safe and reasonable for the roadway conditions. This then becomes an
enforcement issue.
Stop Sign Control
Some questions were raised related to stop sign installation. The following are answers
to commonly asked questions:
• Four-way or all-way stop sign control is typically established using warrants or
criteria found in the Minnesota Manual on Uniform Traffic Control License
(MML7TCD). These warrants are based strictly on accident experience and traffic
volumes. When considering stop signs, additional consideration should be given to
site distance problems and school crossings.
• Based on studies, it has been found that stop signs do not significantly impact
vehicular speeds. In fact, in mid-block areas where most accidents involving young
pedestrians occur, speeds frequently increase due to acceleration between stop signs.
• Enforcement at stop sign locations where they are not expected or should not be
installed, will become a problem and potentially cause additional accidents due to
drivers not expecting cross-street traffic.
� Stop signs should be installed to accommodate vehicular right-of-way to the higher
volume roadway.
As you are aware, the setting of speed limits and installation of stop signs is an issue that
can be very controversial, however, the safety of the traveling public should be the main
consideration in establishing speed limits and stop sign installations.
Rosemount Planning Commission
Apri16, 2000 -
Page 3
Summary:
The development of Shannon Parkway was intended as a through street from CSAH 42 to
CSAH 38. While some driveway access has been allowed along the street, it is
considered to be a significant north/south collector within Rosemount that is intended to
move traffic throughout the City.
The speed limit issue has been studied to some extent and should probably be re-
evaluated following the development of the Evermoor project. At this time, however, it
appears that the City Council would need to make a change based on the noted criteria. If
there is an issue with pedestrian traffic, we may be better served to properly address that
issue this summer to determine if any improvements are necessary.
MEMORANDUM
To: Bret Weiss From: Alyson Morris �
Date: April 5, 2000 Re: Speed Studies along Shannon Parkway
I have researched the speed limit study for Shannon Parkway and offer the following
summary of events.
November 7, 1988- City receives speed limit authorization from MNDOT
stating that the speed limit on Shannon Parkway between 160th Street
West and Dearborn Path (now 137th Street West) be set at 40 mph.
February 8, 1990- City receives speed limit authorization from MNDOT
stating that the speed limit on Shannon Parkway between 145th Street
West to 137th Street West be set at 40 mph.
- December 15, 1992- City Council agenda item: Receive petition, order
speed study for Shannon Parkway north of Connemara.
May 4, 1993- City Council agenda item: Shannon Parkway speed study.
Attached to the executive summary is a copy of the April 12, 1993 speed
study, the result of the December 15, 1992 City Council action.
May 10, 1993- Letter from Bud Osmundson to Tom & Dawn Gurney,
13800 Shannon Parkway and Mr. & Mrs. Kurt Gundacker, 12801
Shannon Parkway regarding the Shannon Parkway speed study.
Attached to the file copy of the letter are accident reports from 8-29-89 to
4-24-90
April 30, 1999- Letter from Richard Stehr, Division Engineer of MNDOT to
Dennis Ozment, State Representative. Responds to Representative
Ozment's request to review the speed limit on Shannon Parkway, and
states that the traffic conditions have not changed significantly (since the
last speed study was completed 5 years prior) to warrant a change in
posted speed.
I have attached copies of all MNDOT speed studies and copies of Dennis Ozment's
March 29, 1999 letter and Richard Stehr's April 30, 1999 response.
���, Minnesota Department of Transportation
Metropolitan Division
oF Waters Edge �
1500 West Counry Road 62
Roseville, MN 55113
Apri130, 1999
The Honorable Dennis Ozment
State Representative, District 37A
479 State Office Building
100 Constitution Avenue
Saint Paul NIN 55155-1298
Dear Representative Ozment:
Thank you for your letter of March 29 regazding the posted speed limits on Shannon Parkway in
Rosemount. The safety of the roadway system is of primary concem to the Minnesota
Department of Transportation.
Setting reasonable speed limits is one of many factors in the overall safety of any roadway. As
you indicated, Mn/DOT conducted a traffic study about 5 years ago;however,in our review of
this roadway, and in discussions with City staff, I do not think that traffic conditions have
changed significantly to justify a change in posted speed. As a matter of fact, another speed
study may lead to a higher recommended speed limit, rather than lower speed limit. However,if
the City Council requests a traffic study, Mn/DOT will conduct the study as soon as possible.
Thank you for taking the time to express your concerns.
Sincerely '
� •
J1 v �
Richard A. Stehr
Division Engineer
cc: Bill Schreiber,Mn/DOT
Bruce Endler, School Boazd Chair, District 196 �E���VE�
Tom Gurney, 13800 Shannon Pazkway
Thomas Burt, Rosemount City Administrator �Y -4 1999
� CITY OF ROSEMOUNT
An equal opportunity empioyer
Dennis Ozment Minnesota
State Representative _ �"•' �':
�'1
1����� House of
District 37A :-
,�„��:,,...__
Southern Dakota and °��-�:-,LF �
Northwestern Goodhue Counties . Rej7Y'esentatives
r
CHAIR,ENVIRONMENT AND NATURAL RESOURCES POUCY
COMMITTEES: ENVIRONMENT AND NATURAL RESOURCES POLICY, ENVIRONMENT AND NATURAL RESOURCES FINANCE;
, COMMERCE;REGULATED INDUSTRIES SUBCOMMITTEE;
RULES AND LEGISLATIVE ADMINISTRATION _ . _.
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March 29, 1999 }a:
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Mr. Richard Stehr ",= ��` �-�-�� -":.�'
\ �, ��'�:�� '�
MnDOT Metro District Engineer -•,Y'�
'\. .:: .
Water's Edge Building ��-'•�� -:•.;�. .:�'� �
1500 West County Road B-2 ` �� �
Roseville, MN 55113 -
Dear Mr. Stehr:
RE: Review of speed limit,Shannon Parkway, Rosemount,Nlinnesota
I have received calls from residents of Rosemount who are extremely concerned with the posted
speed limit on Shannon Parkway in our city. Shannon is a major north-south route connecting a
very rapidly growing community. Si�ificant residential new construction has taken place in the
last five years, both north and south of County Road 42, and Shannon Parkway is a route many
residents use to by-pass the downtown area and access County Road 38,Pilot Knob Road and
Highway 3.
According to county records, the number of homesteads has grown by over 600 since 1995, to a
total of nearly 3,700 homes. Shannon Park Elementary School is locate�on the north end of the
parkway and residents are very concemed for the safety of the school children.
If I remember correctly, your department reviewed the speed limit on Shannon Pazkway about '
five years ago and determined there was not sufficient reason to reduce the speed limit. I would
appreciate it very much if you would have MnDOt staff review their decision in light of the
growth and the increased use of this major road. I, too, believe the speed limit should be
reduced.
The city is also currently working with developers to build many additional new homes on about
550 acres of vacant land on the north end of Shannon Parkway, both east and west sides. I would
hope the appropriate speed limit is in place by the time this development is started.
3275 145th Street East. Rosernpunt,Minnesota 55068 - � 651 423-1331
State Office Building, 100 Constitution Ave.,St.Paul,Minnesata 55155-1298
(651)296-4306
� email:rep.dennis.ozment�house.leg.state.mn.us Home Fax(651)322_2491 Office Fax(651)296�121 T7Y(651)296-9896
Mr. Richard Stehr _
March 29, 1999
Page Two
Please contact me as soon as possible so I can respond to my constituents. Thank you for your
prompt attention to this request.
Sincerely,
____ _ ��
Dennis Ozment
State Representative
_ DO/ml
cc: Bill Schreiber, MnDOT
Bruce Endler, School Board Chair,District 196
Tom Gurney, 13800 Shannon Parkway
Thomas Burt, Rosemount City Administrator
Rosemount Town Pages
�noT 2�i3 �i2-�s�
���
- -- .,�
' STATE OF MIl�INESOTA
DEPARTMENT OF TRANSPORTATION Page 1 of 1 Page
LOCAL ST'REET OR HIGHWAY SPEID LIl�IlT ATTITiORIZATION
Road Authority City of Rosemount Date April 12, 1993
Road Name or No. Shanaon Parkway
Termini of Zone: From Conaemara Trail
To Cotmty Road 38 (McAndrews Roa� Date of Request
December 15, 1992
Kindly make the followiag changes in speed limits on the abovo-referenced sxtion. Changes suthorized hercin are in accordance with
Minnesota Highway Traffic Regulation Act, M.S. Chapter 169.14 and applicable subdivisions thereof.
35 miles per hour between the intersection with Connemara Tra� and a point approximately
600 feet north of the intersection with 133rd Court West.
40 miles per hour between a point approximately 600 feet north of the intersection with
133rd Court West and the intersection with County Road 38 (McAndrews Road).
NOTE:
The speed limits, described in this authorization, are authorized contingent upon curves and
hazards being signed with the appmpriate advance curve or wazning signs, including
appmpriate speed advisory plates. The roadway described shall be reviewed for traffic
control devices impacted by the authorized speed limits before posting the signs. Warning
signs aad speed limit signs shall be in accordance with the Minnesota Manual on Uniform
Traffic Control Devices.
(1) White-Road Authority Sl
(1)Pink- Ceatial Office Traffic
(1)Blue -District Traffic Eagineer
for Road Auihority use only
Date traffic conhol devices changed implementing this authorization
Month-Day-Year Signature ��je
/In/OOT?9i13 {12-7$) � � '��'
. �,CP�
' STA7E OF M1NfV�50TR '
DEPARTMENT OF TRANSPORTATION Page � ot 1 Pa9es
LOCAL STREET OR HIGHWAY SPE�D LIMIT AUTHORIZATI�N
Road AuthGrity city of Itosemount �ate• February 8, X990
Road Namo or No. Shannon Parkway
Termini of Zone: From 145��1 StTeeC West
To Date ot Reguest
137th Street West September 19� 19s9
<indly make the following changes in speed (imits on the above-referenced Settion. Changes authorized herein are in
�ccordance with Minnesota Highway Traffic Regulation Act, M.S. Chapter 169.14 and applicable subdivisions thereof.
40 miles per hour between the intQrcaction with 145th Street West ar►d the
intersection Wizh 137th Street Weat.
Please Siynature at Trafflc Engineer �–•
' Sign --�
Here �
(3) Whitc— ROad AuttiOrity
(i) Pirik—Ccntral O(fice Traffic
(1) Blue—District Trafiic Engfneer
�
for Road Authority usc only �
bate traffic control devices cr�anged irnplementing this authorization
Manth-Day•Year Siyna ture Title
Mn/DOT 29213 (12-78) y,.,�,�
���#
STATE OF MINNESOTA 4�
DEPARTMENT OF TRANSPORTATION Page � of 1 Pa es
9
LOCAL STREET OR HIGHWAY SPEED LIMIT AUTHORIZATION
Road Authority Date
Ci o� Roser�oun= �av�ber 7 1��II
' Road Name or No.
S2lAAt1A�! PB�kwl.t
Termini of Zone: From
Z.fitJ'�1 StX'8�tt �i.
To
Date of Request
Dearbc�rn Rath a tR 9 8
Kindly make the following changes in speed limits on the above-referenced sec�ion. Changes authorized herein are in
accordance with Minnesota Highway Traffic Regulation Act, M.S. Chapter 169.14 and applicable subdivisions thereof.
�� r.;�.?�� per �:our �t-�ee� the 3.n�er�eetian w�th 150th 5treet T�.
and t.t�se inter��ction a��.tt� Dearborn Fath.
NO^E:
THe a��s �pee� l�:i�s �rc asatbar�z�� contingen�. �x�an curv�� beinr
s3gred w�,th t�e aparoprf.at� advance Ct;nre or Turn �arning sSgns,
in�luding a�p�opr3ate Spe�d Adv!sory Flates. The roadway descrii�e8
a��ve shall b� reviewed foz traffic cont.ra2 c�QVice� i�pac�ed by
the autho�ix� s�eQd 2iafts b�=ore pos�t�ng the c�igns. S�arrz�ng s�y:�s
ar� speec� 2irai� s�gns aha3i be in accordanc� �it� t.he Mifnr���a�a
I�l�nua2 on Unf�o� �raffic Cont=ol Devices 1986.
Please Signatur f T af ic ngineer
Sign --� �
Here ,, �
(3) White— Road Authority
!I) Pink—Central Office Traffic
!1) Blue—District Traffic Engineer
for Road Authority use only
�ate traffic control devices changed implementing this authorization
Month-Day-Year Signature Title
- BA.Mictelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,PE.
II���� 8441 Wayzata Boulevard Pecer R.�llenbring,P.E. .
Minneapolis, MN 55426 Donald W.Sterna,P.E.
_ Ronald B.Bray,P.E.
612-541-4800
&Associates, Inc. FAX 541-1700 Memorandum
To: Mr. Dan Schultz, Parks Director
City of Rosemount
From: Bret A. Weiss, P.E.,Acting City Engineer
Alyson Morris, Water Resource Engineer
Date: April 6, 2000
Re: Maintenance of Open Space
Evermoor Development
WSB Project No. 1005-140
The Evermoor preliminary plat has proposed the dedication of approximately 30% open space within
the 500+ acre site. Recently, the developer met with the Parks Committee to discuss turning the
majority of the open space area over to the City for ownership and maintenance. You have asked us
to provide you with some feedback as to our thoughts on that request by the developer. Following is
a summary of some of the issues related to that request.
• Parks
A portion of the open space is park land, which is anticipated to ultimately be taken over by
the City and maintained as part of normal maintenance. In the development area, some of
those parks surround wetlands and trail corridors. If the park surrounds a wetland, it will be
the City's responsibility to maintain to the pond edge. In the Birger pond area, we are
recommending that the area surrounding Birger Pond from the NWL (normal water level) up
be taken as parkland. This pond is intended for park use and will be a model for other ponds
in the City on how to create an amenity out of a stormwater pond.
• Wetland Buffers
This development site includes significant high quality wetlands and ponds that the City has
designated for protection. Around each of these wetlands is a designated buffer area which is
used to maintain and preserve the integrity of the associated wetland. We would recommend
that the City take over the maintenance of these wetland areas and buffers so that they can be
maintained in a manner that was intended through development of the wetland ordinance.
The developer is responsible to install monuments that mark the perimeter of the wetland
buffer zones. The City Water Resource Department will work very closely with the
homeowner's association to provide education on how to treat the wetland areas.
There are some other lower quality wetlands that would not necessarily need to be under the
control of the City and could be addressed by the homeowner's association, or simply extend
Minneapolis • St . Cloud
Infrastructr�re Engineers Planners F:IWPW/MI005-7401040600-ds.wpd
EQUAL OPPORTUNITY EMPLOYER
Mr. Dan Schultz, Parks Director
City of Rosemount
Apri[ 6, 2000 _ �
Page 2
the lot lines and acquire easements on the affected properties to accommodate the wetland
and buffer areas. In this instance, it may make sense to simply treat these wetlands similar to
the higher quality wetlands and have those under City control with marked wetland buffer
areas.
• Remainder of the Open Space
The remainder of the open space areas we would propose to be maintained by the
homeowner's association. This area will be fortunate to have a strong homeowner's
association that can effectively deal with the large amount of open space and coordinate to
properly manage those areas. It could be a huge expense to the City if it were left to City
responsibility, and there would be many issues with how the property should be maintained.
Cities tend to be held to a higher standard than residents or homeowner's associations when it
comes to maintenance activities.
• Paved Trails
The trail corridors, however, are typically best taken as easements so that the homeowner or
homeowner's association that is adjacent to the corridor is responsible for picking up trash
and maintaining up to the edge of the trail. The advantage to taking property as an outlot is
that setbacks then are required from the edge of the outlot, which would not be the case if the
property was taken as an easement. The downside of taking property as an outlot is that the
maintenance would then be required to be completed by the City unless otherwise dictated in
a developers agreement with the homeowner's association.
There was another question regarding how many miles of new trails can be maintained by the
City, and should these be maintained by the homeowner's association or the park budget
increased to accommodate the increase in cost. The City can maintain the trail surface at a
relatively low expense. The large cost in labor and equipment would result if the trails are
intended to be plowed in the winter. Currently, the City only plows the high traffic corridors
which are typically located along collector streets. This issue may require some more
discussions to determine who will ultimately be responsible.
Please don't hesitate to give me a call at(612) 277-5790 if I can be of any further assistance. Alyson
and I will be in attendance at the Planning Commission meeting to address these issues in greater
detail.
kd/bba
F:I WPWlMI005-(001040600-ds.wpd
- BA.Minelsteadc,P.E.
350 Westwood Lake Office Bret A Weiss,r.E.
I�SB _ 8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Doaaid W.Scerna,PE.
Ronald B. Bray,P.E.
612-541-4800
&Associates, Inc. FAX 541-1700
Memorandum
To: Rosemount Planning Commission
From: Bret Weiss, P.E.,Acting City Engineer
WSB &Associates, Inc.
Date: April 6, 2000
Re: Street Widths
Evermoor Preliminary Plat
WSB Project No. 1005-140
This memorandum is in regard to the street width issue that has developed as part of the preliminary
plat application for the above referenced project. There has been much discussion related to this
issue as it relates to the narrowing of the city standard 32-foot wide face-to-face residential street.
The City of Rosemount has traditionally used that standard for all residential streets with the except
of collector streets and private streets. Collector streets have been sized appropriately to carry the
anticipated traffic volume and private streets have traditionally been sized at 28 feet wide face-of-
curb to face-of-curb. The developer originally requested street widths varying from 22 feet face-to-
face in his"traditional"azea to 26 feet wide face-to-face in the majority of the street areas,with the
maximum size of 30 feet face-to-face for the collector streets. They have requested parking on all
of these street widths. As discussion with staff has progressed,the street sizes have widened closer
to Rosemount standards but still significantly narrower than the current City standard. We
understand that the standards are proposed to create a perceived neighborhood feel and to promote
traffic calming. From a Public Works and engineering standpoint,however,we need to make sure
that the street widths are such that can accommodate maintenance, snowplowing, and utility
comdors as well as allow traffic to move safely through the area.
The following is a summary of public works and engineering staff recommendations:
Minor Street Areas—28 wide face-to-face,parking on one side,separated pedestrian facilities.
These streets would be defined as the majority of the streets in the development,typically with less
than 75 homes directly accessing and using on a regular basis. This standard would not be adjusted
for cul-de-sacs and would pertain to the majority of the streets within the site. While this is less than
the City standard,we are comfortable with the standard as long as the pedestrians are removed from
the traffic area and parking is limited.
M t n n B d p O � 1 S • S t . C l O Z[ d F:IWPWIMBa'bIIlOSIO-Raumouel
Infrastructure Engineers Planners
EQUAL OPPORTUNITY EMPLOYER
Rosemount Planning Commission
City of Rosemount, MN
April 6, 2000
Page 2
One-Way Streets—24' wide face-to-face, parking on one side.
The smaller street standard can be used in this instance due to one-way traffic. One-way streets are
not preferred but would be acceptable in the locations proposed by the developer.
Collector Streets
• Connemara Trail would be designed according to traffic standards for the volume and
type of traffic anticipated and at this time is anticipated to be a 52-foot wide street. The
developer has requested some median treatments at certain locations which would be
evaluated at the time the street is extended easterly from Shannon Parkway.
• Street A will serve as a minor collector carrying as many as 2,000 vehicles per day and
also will serve a number of adjacent homes with direct access. We feel that the areas
with direct driveway access should be designed to a 36-foot wide face-to-face standard
with separated pedestrian and bicycle traffic and no parking. In areas that do not have
direct driveway access,a 32-foot wide street could be constructed with separated bicycle
and pedestrian traffic and no parking. Streets with driveway accesses must be wide
enough to allow vehicles to pass turning vehicles to keep traffic moving through the area.
Unnecessary delays for turning vehicles can create angry motorists. It is apparent that
this road will be used for vehicles other than the adjoining property owners.
In addition,all of the homes with access off of street A would need to have hammer-head tumaround
driveways.
Miscellaneous
This development, as a PUD, is requesting modifications to other street related standards that are
currently being evaluated such as:
• Boulevard Trees:The developer has requested the ability to place trees within 3 feet of
the curb. Due to liability issues with maintenance of the trees and damage to curbs and
sidewalks, the City has not previously allowed trees in this location. We are looking at
a compromise location for the trees that can meet both parties goals. We would like to
keep the trees at least 4 feet from the curb at a spacing no closer than 50 feet. We will
also not be responsible for any maintenance or repair associated with the trees.
• Cul-de-sac Islands: These are acceptable as long as the design accommodates
snowplows and bus traffic. The developer agreed to modify the design to our
requirements.
F:I WPWIMBarbl NBJ00.Rosuwernr
Rosemount Planning Commission .
City of Rosemount, MN
April 6, 2000
Page 3
• Right-of-Way Widths:The City typically maintains a 60 foot right-of-way(ROV�and
10-foot utility easements outside of the ROW. ROW widths must maintain minimum
standards to accommodate utilities,snow and sidewalks. The grass boulevard should be
maintained at a width of 8-to 10-feet.
• Setbacks:The developer is requesting reduced setbacks to bring the homes closer to the
streets. It appears they have addressed our concerns with acceptable driveway lengths
to accommodate parking and acceptable utility comdors. We will reserve judgement on
this issue to make sure these needs are accommodated.
• Snowplowing Restrictions: One of the more difficult issues related to reduced street
widths is the presence of vehicles parked on the streets during snow plow operations.
We feel that a parking restriction of some type during the winter season must be adopted
for this area at a minimum and possibly for the entire City. If a no parking policy is not
adopted for this area, we may need to re-evaluate our recommendation on the street
widths.
Please don't hesitate to give me a call prior to the meeting at (612) 277-5790 if you have any
questions. I will be in attendance at the planning commission meeting to address this issue in greater
detail.
F:i wrwtmaa.eiaotoax.:�,�e��r
� MEMORANDUM
TO: Rick Pearson, Planner
FROM: Gary D. Kalstab
Chief of Police
DATE: Apri16, 2000
SUBJECT: Evermoor Development Issues
This memorandum will discuss public safety issues related to the street and trail design of
the proposed Evermoor Development.
Street Desien
The overall street design of the development appears to be very good from the
perspective of the Police Department. Layout of the streets is done in a manner to
encourage, almost force, area residents to utilize the collector streets. Street "A" and
Connemara Trail are essentially the only streets in the development that allow motorists
to travel through the entire development. The other streets are truly "residential" in
design and should predominately be used only by the residents that live on any particular
street. This design should greatly diminish the number of traffic complaints received by
residents of the development. There is one street that I recommend be changed to reduce
future traffic complaints.
Eliminate Street S between Street B-B and Street U.
This street section allows the residents of the northeast portion of the Glendalough
section to utilize street B-B to access street A. It is my strong belief that those
residents will regularly use Street B-B to Street A to leave the development when
traveling to Eagan, Minneapolis or any destination north/northwest. This route
cuts off approximately two blocks from the collector route of exiting to
Connemara to Street A or four blocks from exiting to Connemara to Shannon
Parkway. In my experience, a number of motorists will take the shortest route,
regardless of the intended use of the streets traveled. Since the N/E Glendalough
area contains over 100 homes, the potential for traffic complaints is very real if
Street S is left to connect the area to Street B-B.
Street widths as discussed to this point are not a concern from a police perspective.
Residential streets of 28' with parking on one side will provide ample room for
emergency vehicles to drive. One way streets and private roadways that are 24'with
parking on one side will also provide ample room. On private roadways, parking will
need to be controlled as fire lanes in order to allow enforcement by officers.
Trail Desi�n
The primary safety issue concerning the trail system is street crossings. Trails should
cross streets at intersections to enhance the safety of trail users. This is of particular
importance when the trails cross the collector streets of Street A, Shannon Parkway and
Connemara Trail.
The use of the existing tunnel under Shannon Parkway is an ideal method. A similar
tunnel was initially suggested for trail connection at Connemara Trail. A tunnel
connecting the trail system of the existing trails in Carroll's Woods and Schwanz Park to
the proposed Evermoor trail system is still supported.
Review of the current trail design shows several crossings that are not at intersections.
From a public safety perspective, the trail crossings should be moved to intersections.
When trails cross on a cul-de-sac street it is not vital that the crossing occur at an
intersection.
. C 1 TY O F RO S E M O U N T 2875 C145tHSt eet West
— - Rosemount,MN
Everything's Cominq Up Rosemount.►! 55068•4997
Phone:651-42 3-4411
Hearing Impaired 651-423-6219
Fax:651-42 3-5203
TO: Planning Commission
FROM: Rick Pearson, City Planner
DATE: March 22,2000 -
RE: March 28, 2000 Regular Meeting Reviews
Evermoor(Kelley Trust) Preliminary Plat,
PUD Final Development Plan, and
Associated Rezonings
PRELII�IINARY PLAT AND PROCESS
This phase of the development review process is the most in-depth study of the construction
documents for the Evermoor(Kelley Trust)project. Planning issues to be discussed result
primarily from the neighborhood/lot design and landscaping plans. The Engineering staff have
been focusing their attention on the grading, street design and utilities plans. Alyson Morris, the
Wetland Coordinator, has been concentrating on the wetland issues. Some of the agencies that
were involved with the AUAR process will still be involved with the wetland review. The
developer will have to apply for a permit through the Board of Water and Soil Resources
(BSWR) for the work impacting the wetlands.
After the preliminary plat process is complete (and presumably approved) the last step is final
plat approval, which results in individual legal descriptions for lots/dwelling units. Final plat
approval usually starts the construction process, although site grading can be initiated sooner at
the developer's risk. A public hearing is not required for final plat.
COMPARISON WITH APPROVED CONCEPT
A key component of the preliminary plat review is to ensure that it is consistent with the
approved concept. Deviations from the concept require Council approval. Inconsistencies would
be highlighted in the review for discussion and action. Overall, the preliminary plat
accomplishes the goal of preserving natural features in an urban setting with the city willing to
accept tighter development patterns as a trade-off. The following items relate to specific
conditions of the concept approval Resolution 1999-64:
The concept plan included ten different housing types, or neighborhoods. Some were very
similar and could be lumped together, but there were nine distinctly unique styles of housing.
The preliminary plat has seven housing styles. The senior housing component (100 units)will be
designed later as a sepazate project for a project total of eight. One on the townhouse
neighborhoods(Village Townhomes next to Carroll's Woods Park) has been dropped.
MARCH 28,2000 PC Reviews -Evermoor Preliminary Plat
Page 2.
The Crosscroft(cottage home)neighborhood east of Shannon Parkway and south of Shannon
Park Elementary School has been redesigned and the area has been enlarged. This
neighborhood is intended for"active seniors", and there are now 208 units proposed compared to
the 166 anticipated by the Concept. There does not seem to be any discernible change in terms
of the housing characteristics. The"layer"of classic homes which previously backed up to the
Country Hills homes on the east side of Shannon Parkway have been shifted to the southeast
corner, replacing the"Village Townhomes"(82 units).
Preliminarv Plat Nei borhoods Units Concept Neighborhoods Units
Upplands/Drumcliffe(part) 87 Estate Lots 89
Westmeath/Drumcliffe(other part) 98 Classic Homes 232
Heath Haven 98 Custom Classic 23
Wicklow 63
Glendalough 257 Traditional homes 297
Innisfree 36 Distinctive Townhomes 48
Crosscroft(active seniors) 208 Cottage homes 166
Roundstone 118 Coach townhomes 80
Bards Crossing 36 Lifestyle Villas 36
Sub-total 1,001 Sub-total 1,053
Excluded from Preliminarv Plat
Clare Downs (eliminated) 88 Village Townhomes 82
Waterford (vacant—not designed) 100 (assumed)Senior housing 100
Evermoor Housing Mig Units % Concept Plan Housing Mix Units %
Single Family detached 603 55% Single family detached 641 56%
Active Seniors housing 208 19% Cottage homes 166 14%
Attached housing 190 17% Attached housing 246 21%
Senior Housing* 100 9% Senior Housing 100 9%
Overall total 1,101 Overall total 1,153
*Senior Housing will be a future phase.
In terms of overall numbers,the Rosemount portion of the development now shows 1,101
dwelling units including future senior housing. The 1,153 dwelling units as proposed in
the concept represents a reduction of 52 dwelling units overall.
The housing mix associated with the preliminary plat has changed slightly from the original
concept. The Active Seniors have been substituted for the cottage homes. Traditional homes
involving upscale houses with front porches and recessed garages on small lots with minimal
setbacks are included in the single family detached category because of the expected diversity of
individual units or housing types.
MARCH 28,2000 P:C. Reviews—Evermoor Preliminary Plat/PUD Review
Page 3.
The Concept approval requires similar housing types adjacent to established patterns. Or,
alternatively, landscape buffers/corridors separating dissimilar housing. The proposed Crosscroft
(Active senior) neighborhood is now located next to the existing houses on the east side of
Shannon Parkway in Country Hills. This"cottage home"neighborhood is separated from the
existing single family homes by a strip of land that ranges in width from 30 feet to 125 feet. This
corridor of varying width will have to be found to be acceptable.
LOT DATA & SETBACK ISSUES
Nei�borhood Front, Side&Rear Yard Setbacks Lot Width, Depth & Area(av�.)
Uplands (Estate) 30' 10' (both) 50'-100' 100'-120' 162'-282' 26,250 sq. ft.
Drumcliffe 30' 10'/15' S0' 100'-130' 162'-312' 27,650 sq. ft.
� The Estate homes compare with the RL, Very Low Density Residential District, but no examples
have been built to date. The RL standards include 20,000 sq.ft. lots with 110 ft. widths, 180 ft.
depths, 30 ft.front and 1 S ft. side yard setbacks.
The estate lots are proposed to have ten foot side yard setbacks. The request is based upon a
transition buffer strip (with no buildings)which is expected on the northern edge. Thus, the
typical R-1 side yard setback should be allowed as compensation. Originally, the RL, Very Low
Density Residential District intended for this area specified 15 ft. side yard setbacks.
Nei borhood Front, Side &Rear Yard Setbacks Lot Width. Depth & Area(av�.)
Westmeath/ 30' S'/10'(15' total) 20' 80' 130'-190' 11,920 sq. ft.
Drumcliffe (Classic) 30' S'/10'(15' total) 20' 80' 130'-190' 11,920 sq. ft.
Heath Haven 30' S'/10' (15'total) 20' 70'-80' 120'-196' 13,520 sq. ft.
Wicklow 30' S/10' (15'total) 20' 80' 130'-146' 14,930 sq. ft.
The Classic homes compare with the R-1, Low Density Residential District. Country Hills,
Shannon Hills and most recent single family developments are typical. The R-1 standards
include 10,000 sq.ft. lots with 80 ft. widths, 125 ft. depths, 30 ft.front, and 10 ft. side yard
setbacks.
The Heath Haven/Westmeath(classic homes)generally follow typical R-1 standards as expected.
However, there are some variances from R-1 standards. Most notably, garage setbacks of 5 feet
on one side and ten on the other for a combined sideyard of fifteen feet is new. Country Hills
allows ten feet for living space and five feet for garages space. In�addition, rear yard setbacks of
20 feet instead of 30 ft. are proposed. Overall,there are a few lot width variances west of
Shannon Parkway. The area east of the school has three cul-de-sacs that have multiple
variances. In this area, there are 26 lots of less than 80 feet widths (at the setback line).
March 28, 2000 P.C..Reviews—Evermoor Preliminary Plat/PUD Review
Page 4.
Staffs primary concem with the classic homes is the rear yard setback reduction from typical
standards. The gap resulting from setback criteria between houses in opposing rear yards would
be potentially 40 feet instead of the usua160 feet. This situation will be most apparent in the area
east of the school with the three cul-de-sacs. The"good news"is that the lots are typically
deeper than the R-1 minimum of 125 feet. In azeas where lot depth and area exceed the
minimum, there should be no problem. Again, the significant amount of open space provided is
a trade-off for variances. .
Nei�hborhood Front, Side&Rear Yard Setbacks Lot Width, Depth & Area(avg�
Glendalough 15'-25'* 5' (10' total) 10' 75' 120'-168' 12,000 sq. ft.
(Traditional)
Crosscroft 35'* 6' (12'total) 15' S2' 116'-182' 8,600 sq. ft.
. (Active Seniors)
Bards Crossing 30'* 6' (12'total) 15' S5' 109'-116' 6,750 sq. ft.
* Measured from back of curb on private street
The Traditional and Active Seniors'neighborhoods are stand-alone houses on small lots, often
with private streets. They would be treated in R-1 or R-2 districts as detached cluster housing
requiring the PUD process. The closest example of housing similar to the Active Seniors
neighborhood in Rosemount is the northern half of The Enclave (Pulte Homes) on mostly the
north side of Bloomfield Path south of 145th Street West. Those lot standards included
approximately 6,000 sq.ft. lots, SO ft. widths, 120— 135 ft. depths, 30 front yards and S/10 ft.(1 S'
total) side yard setbacks.
Neighborhood Proposed Standards
Innisfree (Distinctive Townhomes) Front setbacks: 25'(private streets), 30'(public ROV�
Roundstone (Coach Townhomes) Front setbacks: 18' (21' from curb)
The Wensmann Twelfth Addition south of KinderCare on the east side of Shannon Parkway is the
best example of a similar R-2 townhouse development for Innes. The Roundstone neighborhood
compares with the deckhomes on Wensmann Ninth & Tenth Additions, although Roundstone
should be only two stories high in contrast to three.
The front yard setbacks will determine if parking is possible in the driveways. The typical R-1
front yard setback of 30 ft.will allow two cars parked in tandem. In the case of private streets,
20 setbacks have been allowed in the past, sufficient for single caz depth.
Setback requirements will be defined in a PUD agreement that will regulate the development in
place of the typical zoning ordinance standards. The City Council will have to find that the
preliminary plat is consistent with the concept as approved, and any changes will have to be
acknowledged.
March 28, 2000 P.C. Reviews—Evermoor Preliminary Plat/PUD Review
Page 5.
LANDSCAPING & TREE PRESERVATION
The landscape plan provides sufficient material to satisfy the typical landscape requirements in
addition to the tree replacement mandated by the tree preservation ordinance. 2,297 shade trees,
1,518 small or ornamental trees and 362 evergreens are proposed. 4,035 shrubs are also
included. Extensive boulevard tree plantings are intended,particularly in support of the
traditional homes neighborhood aesthetics.
STREETS AND SIDEWALKS
The street design is consistent with the conditions of Concept appioval. Connemara Avenue
extends east to STH 3, and an east-west street(street A)connects Diamond Path to Shannon
. Parkway, and around the school to Connemara Ave. Local streets"feed"traffic to these two
streets.
The preliminary plat proposes a variety of street widths, some of which are narrower than city
standards. In particular, 24 foot wide streets are indicated in the cottage home (Crosscroft—
Active Seniors) neighborhood; traditional homes (Glendalough); Lifestyle villas (Bard's
Crossing) and Coach Townhomes (Roundstone). Roundstone actually has several 20 foot wide
streets.
The City has allowed 28 foot wide streets with a parking ban on one side. The Fire Marshal
indicated in his attached memo that 24 feet may be acceptable with a parking ban on both sides.
City staff have met with the developer with the intent of discussing street specifics. More
meetings are apparently required.
Brett Weiss, the consulting engineer who is performing as the interim City Engineer will be
making a sepazate recommendation regazding street standards.
Connemara Avenue and street A will have sidewalks or trails on both sides. Most of the local
"through" streets will have trails on at least one side. The longer cul-de-sacs will have
sidewalks on one side with connections to trails. Sidewalks are part of the traditional
neighborhood design and support the street width reductions.
CONCLUSION AND RECOMMENDATION
The Preliminary Plat issues are still being discussed and reviewed by the Engineering, Parks &
Recreation and Planning Departments. Therefore, Staff recommends that the public hearing be
opened for public comment and continued until April 11,2000.
. MEMORANDUM
To: Planning Commission/City Council From: Alyson Morris, Water Resource
Engineer
Date: March 17, 2000 Re: Kelley Trust (Evermoor) Wetlands
The Kelley Property contains 34 wetlands, 27 of which are in the city limits of
Rosemount. Since the majority of the property is in Rosemount, we will be the lead
Local Government Unit (LGU) for the administration of the Wetland Conservation Act
(WCA) for the Evermoor project.
The current development proposal will impact a total of 19 basins- 17 in Rosemount, 2 in
Apple Valley. Further breakdown of proposed impacts are as follows:
• Total fill- 9 wetlands (7 in Rosemount, 2 in Apple Valley); 6/7 are Manage II,
- 1/7 is Manage I.
• Partial fill- 10 wetlands (all in Rosemount); 1/10 is Utilize, 5/10 are Manage II,
4/10 are Preserve.
Westwood Services anticipates that they will be filing the WCA Replacement Plan
Application by the end of March. Pre-application comments from the Board of Water
and Soil Resources (BWSR), Dakota County Soil and Water Conservation District
(SWCD) and the Department of Natural Resources (DNR) generally call for less wetland
impact. The proposed number of Preserve wetlands that will be impacted is of particular
concern. Wetland buffer averaging was also discussed. The representatives proposed
some changes to the plans to minimize the impacts and stated that information as to
why wetland impacts could not be avoided must be included in the application.
I anticipate that there will be a large number of residents that will closely follow the
wetland impacts on the Kelley property. City staff, CPDC, Westwood, BWSR, SWCD,
DNR, and other agencies should continue to work together and address the wetland
issues.
� Memorandum
To: Rick Person, City Planer
From: George A. Lundy, Fire Mazshal���
Date: Mazch 16, 2000
Subject: Kelly Trust
Rick:
Please not the following comments on the road construction for Kelly trust:
. 1. All roads shall be a minimum of 28" (feet)with parking allowed on one side, or they can
be 24' (feet) in width with no-pazking allowed on both sides.
2. All radiuses for cul-de-sacs will have to meet the design criteria established by the
Engineering Department.
3. All roads that have a dead-end greater than 150'(feet) shall be provided with an approved
turnaround.
If you would have any questions,please feel free to contact me. I will be back in the office on
Friday Mazch 24th.
� WESTWOOD PROFESSIONAL SERVICES, INC.
�March 27, 2000
EVERMOOR
Park Proposal Ref. No. 98376
Cities of Apple Valley and Rosemount, Minnesota
PROJECT SUMMARY:
The Developer has developed a plan that specifically outlines a proposal to provide a
combination of both land dedication and privately financed park improvements to satisfy all park
requirements for the proposed development.
Item Rosemount Apple Valley Total
Total Land Area 515.17 4436 559.53 acres
Park Dedication Required 46 4.4 50.4
Shannon Park 20.0 0.0 20.0
Public Open Space/Publicly Maintained 117_7 25.9 143.6
Public Open Space/Privately Maintained 303 0.0 303
Total Public Park Dedication Proposed 168.0 25.9 193.9 acres
Private Open Space 11.7 0 11.7
Developer Financed Park Improvements $350,000 $0 $350,000
Developer Financed Trail Improvements $400,000 $50,000 $450,000
DEFINITIONS:
Shannon Park: Shannon Park was previously dedicated to the City of Rosemount by the Kelley
Trust in the amount of 20.0 acres. This area is included in the purchase price of the land that
CPDC will be buying from the Kelley Trust. The City for active public park purposes is
currently using this land.
Publicly Open Space/Publicly Maintained: This land will include natural areas including
woodlands,ponds and wetlands that will be dedicated to the City as outlots for the intended use
of public park.
Publicly Open Space/Privately Maintained:This land will include open space in the form of
public parks with play facilities as noted on the plan. The public will be allowed to use all
facilities within the parks,and the HOA will maintain all facilities. The Developers agreement
will include language on scheduling and use restrictions to the satisfaction of the Park Board,the
City of Rosemount,and CPDC.
PARKS PROPOSAL
E V E R M O O R �
•-� WESTWOOD PROFESSIONAL SERVICES, INC.
Private Open Space: The only proposed private open space at this time will be all open space
shown within the active senior neighborhood. This space will include amenities for the use of the
association within that active senior neighborhood only.
Developer Financed Park Improvements: The Developer proposes to finance and construct
park improvements as the plats occur within each neighborhood. These improvements will be
maintained by the HOA. The following park improvements aze proposed:
Innisfree Park:
Parking Lot for 10 cars $20,000.00
Picnic Shelter,Grill,Tables $45,000.00
Play Equipment(Totlot) $25,000.00
Landscaping $15,000.00
Scenic Overlook $30,000.00
Innisfree Point $ 5,000.00
Pedestrian Water Crossing $10,000.00
TotalImprovements: $150,000_00
Glendalough/Bards Crossing Park(s):
Two Tennis Courts $95,000.00
Landscaping $25,000.00
Miscellaneous Improvements $80,000.00
TotalImprovements: $200,000.00
Note:AI/grading,seeding,and trai/improrements frnanced and instn!/ed by!he developer in each
ojthese parks as shown on the curreRt plan.
Developer Financed Trail Improvements: The Developer proposes to construct 8' wide
bituminous trails with a 4 inch rock base and 2-1/2"of bituminous throughout this project as
shown on the current plans. These trails will be turned over to the City for ownership and
maintenance. Off-street trails are approximately 25,000 Lineal Feet in length(subject to change
with final design),with an estimated construction cost of$450,000.00. This figure does not
include grading and other soft costs associated with trail construction. Based on a dedicated
width of 20 feet for a public trail, this results in 11.5 acres of land.
THE DETAILS:
The following sheets represent the details of CPDC's proposal on each of the parks as outlined on
the plan. Each park/outlot area is detailed by size of parcel,and how much wetland/ponds that
are included in each.
PARKS PROPOSAL
E V E R M O O R 2
� WESTWOOD PROFESSIONAL SERVICES, INC.
ROSEMO UNT OPEN SPA CE DETAILS
OUTLOT NAME ACRES Slopes> 10% Wetland/Pond Remaining
R-OUTLOT-A 26.71 2.10 14.91 9.70 Innisfree
OUTLOT AA 2.49 0.30 0.00 2.19
OUTLOT BB 0.75 0.15 0_OS 0.55
R-OUTLOT-C 8.99 8.00 0.00 0.99 Carrow Keel
OU'fLOT CC 3.50 2.00 0.00 1.50
OUTLOT D 3.82 1.80 1_82 0.20
OUTLOT E 5.96 3.20 226 0.50 Galway Meadows
OUTLOT EE 1.11 0.00 0.01 1.10
OUTLOT F 1.10 0.70 0.40 0.00
OUTLOT FF 1.32 0.85 0.02 0.45
OUTLOT G 2.86 0.80 1.36 0.70
OUTLOT GG 3.48 030 0.00 3.18
- OUTLOT H 5.13 1.50 0.43 3.20 Drumcliffe Field
OUTLOT HH 1.09 0.00 0.00 1.09
OUTLOT I 0.36 0.00 0_00 0.36
OUTLOT II 1.99 0.15 0.00 1.84
OUTLOT J 5.60 2.00 2_30 130 Narrowater Park
OUTLOT JJ 0.95 0.00 0.05 0.90
OUTLOT K 1333 2.80 5.93 4.60 Shannon Meadows
OUTLOT KK 1.53 0.00 0.03 1.50
OUTLOT MM 1.16 0.10 0.06 1.00
OUTLOT 00 35.79 9.20 6.49 20.10 Tullamore Wood
OLJTLOT PP 0.09 0.00 0.00 0.09
OUTLOT Q 2.57 0.90 0.00 1.67
OUTLOT R 0.48 0.25 0.00 0.23
OUTLOT U 13.72 6.20 4.42 3.10
OUT'LOT X 0.97 0.10 0_00 0.87
OUTLOT Y 1.20 0.60 0.00 0.60
OPEN SPACE 148.01 4050 63.51
Note: 73 acres of addition land is upland during dry conditions.
Note: Bold Outlot listings are public parks/Privately Maintained
PARKS PROPOSAL
EVERMOOR 3
_ Special All Commission Meeting Minutes �
March 22,2000
Pursuant to due call and notice thereof,a special all commission meeting was duly held on Wednesday,
March 22,2000. Mayor Busho called the meeting to order at 6:40 pm.with Council members Cisewski
and Klassen;Planning Commissioners Droste,Shoe-Corrigan and Tentinger;Pazk&Recrearion
Committee members Eliason,Larson,Sampo,and Stemer;Utility Commissioners Berg,Heimkes,and
Mulhem. Also present were:City Administrator Burt,Police Chief Kalstabakken;Parks&Recrearion
Director Schultz;Acting City Engineer Weiss;Water Resources Engineer Morris;and City Planner
Pearson.
Ke11eY Trust(Evermoor)Development Issues
Mayor Busho welcomed the Commissioners and the Development Team led by Homer Tompkins,and
facilitated introductions. The Mayor then explained the expectations for Council direction concerning the
issues to be discussed.
PUD Conditions
City Planner Pearson discussed the potential inconsistencies between the PUD Concept conditions of
approval and the preliminary plat. Setbacks,variances and the transition between existing housing and the
_ Active Senior housing were the primary concerns. Most of the issues can be dealt with through the PUD
agreement.
Wetlands
Dwight Jelle of Westwood explained the development's impact on wetlands and briefly discussed
sequencing. Water Resources Engineer Morris explained the wetland pemut process and some of the
expectarions regarding mitigation identified by city staff. Issues to be resolved,or expectarions of
mitigation will include:
1. Retaining walls to reduce the impact on wetlands from new s�eet construction.
2. Long term maintenance agreements with the developer to ensure that the mitigated wetlands are
established and perform their fimction.
3. Enhanced plantings along idenrified corridors for wildlife movement and habitat(to the extent
possible).
4. Wetland"averaging"of the buffer zones will be acceptable to the city where necessary in
mitigated areas.
5. A specific planting plan for Birger Pond will be provided and installed by the developer to re-
establish appropriate plant species in the Birger Pond area.
6. An educarion effort must be made concerning the value and function of preserved wetlands.
Street Widths
Brett Weiss of WSB explained the concerns regarding the proposed reductions to street width standards.
City staff is continuing to examine the issue with expectations of assembling a recommendarion in time for
the April 11,2000 Planning Commission public hearing(con't). Council member Cisewski suggested that
from now on,all street widths be explaineci in terms of face to face dimensions for consistency.
Street width issues and recommendations will involve:
1. Equipment inveshnent needs resulting&om reduced street widths.
2. The expected need for parkin�bans on one or both sides of reduced width streets.
3. One way circulation oprions
4. Streetscape maintenance—especially regarding boulevazd trees. .
5. Snow storage space and urility locations.
6. Developer will provide additional informarion as a decision aid.
7. "Face to face"standard dimensions from now on.
8. Parking should be provided on the edge of the mini-parks,or on at least one side of the street.
Park Land&Onen•Space
The developer explained the various options regarding open space and a desue for the city to absorb 117
acres for essentially public park use. Parks and Recreation Director Schultz indicated that the anricipated
park dedication requirement for land amounted to 26 acres in addition to the prededication of Shannon
Park. Dwight Jelle indicated that there would be 126 acres of open space that would be preserved or
dedicated for parks that does not include wetlands. Overall,the parks and open space discussions will
cover the following issues:
1. Homeowner association's abiliries to maintain open space and plantings.
2. The balance of public and private open space(amount of park dedicarion).
3. The overall consistency with the Park Facilities Master Plan.
4. Birger Pond design and ultimate use(parking?).
5. Status and funcrion of the mini parks in the Traditional neighborhoods.
6. Budgetary constraints relative to maintenance.
Plannin�Issues
Transitions,housing style consistency and setbacks will be handled in the PUD agreement. The northern
edge will have a"build-free"zone also specified in the PUD agreement. The transition between existing
houses on Shannon Parkway will be separated from the Active Senior housing by a densely planted
corridor. Terry Metula of D.R. Horton provided examples of the Active Senior housing units. The unique
element of this housing is the"clubhouse"which will contain associarion and recreational ameniries. The
Council's reaction to private amenities was posirive. The area will be intensively landscaped and the
developer will have to guarantee variety in the housing styles. The primary issues include:
1. "No-build zone"for accessory structures on northem edge.
2. RVs,boats and other"toys"will be regulated or prohibited by the HOAs.
3. There will be no"blanket vanances".
4. Active Senior housing will have 5 or 6 products to guarantee diversity.
Lastly,the tree preservation,removal and replacement were shown to be consistent with requirements of
the tree preservarion ordinance. However,the removal will be extensive.
Citv Attornev Comment
A condition of preliminary plat approval should include the granting of easements for the edge encircling
Birger Pond containing the"bounce"between the normal or ordinary water elevation and the 100 year
flood elevarion. Sometimes referred to as the"donut"
Respectfully submitted,
Rick Pearson
Recording secretary
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"� WFSI'WOOD PROFESSIONAl. • •
� SERVICFS.I\C. [r�:E�!�a,nbor�ds a�m
� WESTWOOD PROFESSIONAL SERVICES, INC.
� -
February 18, 2000
■
EVERMOOR
� , PROJECT SLT�VIMARY AND NARRATIVE Ref.No. 98376
Cities of Apple Valley and Rosemount, Minnesota
� .
� PROJECT SUMMARY
� PROJECT NAME
Evermoor
� LOCATION
Stretching from Diamond Path in Apple Valley east to Dodd Road in Rosemount
�
� OWNER/APPLICANT/DEVELOPER
Contractor Property Developers Company(CPDC)
Quadrant Building
� 7100 northland Circle#108
Minneapolis, MN 5542
Contact: Homer Tompkins (612) 971-0477
� FAX - (612) 971-0576
SITE PLANNING/SURVEYOR
� ENGINEER/ENVIRO\'MENTAL
Westwood Professional Service, Inc.
� 7599 Anagram Drive
Eden Prairie, MN 55344
Contact: Dwight Jelle/Ed Hasek (612)937-5150
� FAX- (612) 937-5822
i
�
PROJECT NARRATIVE
EVERMOOR 1
� WESTWOOD PROFESSIONAL SERVICES INC.
� -
�� ZONING/LAND USE
Existing Zoning: Ag/Agriculture and R-1/Residential
Existing Land Use: Undeveloped.
Proposed Zoning: Planned Residential Development
��. Proposed Land Use: Mixed residential homes ranging from Estate single family,
Townhomes and Senior housing
`�' PR
OPOSED DEVELOPMENT SUMMARY
Total Site Area: 559.53 acres
�� Total Units Proposed: 1209 homes
Overall Density: 2.16 un/ac (gross)
� Total Wetlands(34): 31.80 acres
Total Public R.O.W.: 64.38 acres
Total Private R.O.W: 14.13 acres
Total Open Space: 197.82 acres (35%)
� Development Area: 283.24 acres
�� REQUESTED ACTION
The action requested is for the favorable consideration and approval of the Planned
Residential Development Plans, and the necessary amendments, rezonings, and
;��
Preliminary Plat for the EVERMOOR Planned Community. Final Plans and documents
will be filed once these approvals have been granted.
�� EXISTING CONDITIONS
The 559-acre EVERMOOR parcel is currently undeveloped and most recently was used
;� as pasture land for grazing sheep and horses. Crops were also raised on the eastern
portion of the property. The site consists of rolling hills characteristic of the glacial
terminal moraines so common to this azea of the state. The western third of the site
,�� includes the majority of the wetlands and an area of remnant oak savanna forest once
common throughout central and southern Minnesota. The most significant water feature,
Birger Pond,is located at the southwest corner of the property. The central third of the
�, site is pocketed by smaller wetlands, is more rolling in character but with less
topographic relief, and includes a small remnant woodland that has been bisected by the
construction Shannon Parkway. The eastem third contains the vast majority of the
��� woodlands on the property. Larger open and more level parts of this area were most
recently farmed as cropland. While the character and nature of this property provides
� magnificent views of the surrounding community, and many natural amenities desired by
today's homeowner, these same feature provide both an opportunity and a challenge to
, the development EVERMOOR. .
�
ABUTTING LAND USES
Land uses surrounding EVERMOOR include single-family subdivisions to the west,
� north, and south in Apple Valley, and standard single-family development in Country
PROJECT NARRATIVE
� , ' EVERMOOR 2
�f:
� L E
WESTWOOD PROFESSIONA S RVICES, INC.
� Hills to the south and in Rosemount. To the north and across the northern boundary of
the property(in Rosemount) are large lot single-family developments. Larger single-
� family lots are also found to the east of the site,with more intensive industrial
development across Robert Street. Carrol's Woods city park and a complex of schools
are located south and east of the property. The site also wraps around the Shannon
' Elementary School and abutting active city park area. All property surrounding the
�
EVERMOOR Planned Community has been developed, or is parkland owned by the City
� of Rosemount.
ACCESS/TRAILS
� Three main roadways provide access to the property. Diamond Path(on the westem
boundary) is a State Aid Highway. Shannon Parkway bisects the site just to the west of
Shannon Park Elementary School. South Robert Street is slightly east of the property,
� but the City's Transportation Plan includes the extension of Connemara Trail easterly
through the site and connecting to South Robert Street. Five residential streets are
_ currently stubbed or have right of way extending to the property's boundary line.
� Denmark Ave. is a right of way extension only that stubs to the north property line in
A p ple Valle y. 1315L Street West is also a ri ght of wa y onl y that extends to the central
� eastem boundary northeast of Shannon Park School in Rosemount. Danube Lane,Dalton
Lane, and Clover Lane (all in Rosemount) are streets that are stubbed to the property and
are intended to extend into EVERMOOR neighborhoods.
� Trail and walkway systems currently exist along Shannon Parkway and Connemara Trail
providing access from area neighborhoods to schools,parks and shopping. The City Of
Rosemount's Trail Plan suggests trail connections from west to east through the property,
then south to the school and open space complex to the south of the site.
SOILS
Site soils range from mixed sandy loams to loamy sand (8 -25%) over the western third
of the property, to sandy loam (0-8%) over the eastern third of the site. The central third
is generally a transitional area and a mixture of these soil complexes(3-15%).
Preliminary soils investigations indicate the potential of moderate sand/gravel deposit
may exist. Soils found in wetland areas and depressions throughout the site are typical
and generally shallow.
VEGETATION
The property contains a mixture of upland and lowland trees found in five separate areas
of the site. Each area varies in composition, health and vigor, size, and density. The
woodland found in the western end of the site consists of oak, aspen, and cottonwood
with red and white oak regeneration. Understory consists of buckthorn,prickly ash with
some hawthome, and sumac at the woodland edge. An area of oak savanna is located to
the north and east of Birger Pond on the south slope of a prominent hill. This woodland
consists of oaks and elms, and the trees are generally large and widely spaced with little
understory infill.
PROJECT NARRATIVE
E V E R M O O R 3
� WESTWOOD PROFESSIONAL SERVICES, INC.
� A third woodland-area is found central to the site and is bisected by Shannon Parkway.
The primary tree species are oaks with an understory of prickly ash.
�� The largest stand of trees is found in the east-northeast area of the property. This
woodland contains an area of oaks (centralized) surrounded by mixed ash, aspen,
� cottonwood and boxelder species. Two large depressional drainage basins are also
located within this woodland. Trees blown over and broken during recent storms
� characterize these depressions.
The last major area of woodland is located in the east-southeast area of the site. This
� woodland is primarily aspen and oak with elm and boxelder. Buckthorn and prickly ash
are the predominant understory species.
� The Developer will be submitting a Woodlands management plan to the City that will
detail the procedures to be used to save and protect the trees during construction.
� WETLANDS
The EVERMOOR Planned Residential Development contains roughly 19.5 acres of
wetland on the portion located in Rosemount and 12.3 acres within Apple Valley.
Therefore, a total of 31.8 acres of wetland exists on the property distributed among 34
basins. Wetlands aze interspersed across the site between pasture/grassland,woodland,
and agricultural cover types within lowland and depressional areas.
Wetland boundaries were delineated and flagged in the field during October, 1998 using
the Corps of Engineers Wetlands Delineation Manual. Each wetland was classified
according to Wetlands of the United States and Wetlands and Deepwater Habitats of the
United States. Wet Meadows and Shallow open water represent seven different
Cowardin wetland types on the site with Seasonally Flooded basins the most abundant
followed. The only DNR Protected Water, Wetland, or Watercourse on the project site is
Birger Pond(19-224V�, located at the southwestern corner of the property. This is the
most predominant water feature on the site, and the DNR has jurisdiction over Birger
Pond below the Ordinary High Water Level (OHWL) of 895.9. The City of Rosemount
has filed for a DNR Protected Waters Permit to lower the Normal Water Level (NWL)to
892.0.
UTILITIES/STORM WATER
' Sanitary and water mains currently exist and are available at Danube Lane and in
Diamond Path, Shannon Parkway, and Connemara Trail.
Storm water runoff is currently being treated in several ponds both on and off site(for
existing developments) including Birger Pond, and Schwartz Pond. A smaller pond to
the north and west of Shannon Park School is currently treating runoff from Shannon
Parkway.
PROJECT NARRATIVE
EVERMOOR 4
� WESTWOOD PROFESSIONAL SERVICES, INC.
� THE E V E R M O O R planned COMMUNITY
� PHILOSOPHY/NEIGHBORHOOD CHARACTER
EVERMOOR is visualized as a Master Planned Community that will provide a unique
living environment for the individuals, couples and families of the community as they
� move through their lives. A range of estate homes, single family homes,townhomes,
condominiums, and senior housing will all be offered for buyer's varied lifestyles and
� budgets. Distinctive neighborhoods within the EVERMOOR planned community will be
� linked by tree lined streets,walkways, meandering trails and rolling open space to
planned and existing forested areas,parks, schools, and surrounding neighborhoods.
Neighborhoods and streets bearing names to honor the Irish heritage of Rosemount will
also link EVERMOOR to the surrounding community. EVERMOOR will echo the
character and nature of Ireland's rolling hills and moors.
THE UPPLANDS and DRUMCLIFFE
The Upplands and the northern tier of the Drumcliffe neighborhoods contain the largest
lots in EVERMOOR,providing estate living and customized building opportunities to
those choosing the intimate character and seclusion of these neighborhoods. Native and
naturalized planting will serve to blend this edge with wooded areas to the north. A
Scenic Overlook strategically located near the sites high point will enable the community
to enjoy the extended views and vistas to Birger Pond, Lake Alamagnet, and beyond
TALCOTT GLEN and INNISFREE
These two distinctive townhome areas contain the largest of the EVERMOOR attached
housing product lines featuring maximum floor plan customization. The architecture will
be theme oriented yet offer individuality. As with nearly all of the neighborhoods of
EVERMOOR,open space surrounds these two distinctive areas set adjacent to the
community doorway and Birger Pond.
�VESTMEATH, DRUI�ICLIFFE,HEATH HAVEN and WICHI.OW
Classic homes are configured in more typical suburban patterns common to Apple Valley
and Rosemount. The many public open spaces surroundin;these classic neighborhoods
tie them to the fabric of EVERMOOR. Homes will range from true custom to semi
custom in design depending on the chosen builders. The intent is to preserve integrity of
the site by preserving existing trees and environmentally sensitive areas to the greatest
degree possible.
CROSSCROFT, CLARE DO�VNS, and BARDS CROSSING
The cottage homes of Crosscroft and Clare Downs offer a housing opportunity for an
alternative living style many seniors desire today. Smaller association maintained homes
on carefree lots are surrounded by recreational opportunities geazed for our parents as
they move into retirement. Walkways and trail connections to a planned community
center will allow pedestrian movement through this unique neighborhood. This is one of
PROJECT NARRATIVE
E V E R M O O R 5
I
WESTWOOD PROFESSIONAL SERVICES, INC.
several products envisioned to offer young and old alike to remain in the community
through their life cycle. Bards crossing will be similar in character,but perhaps at a
slightly higher price point.
GLENDALOUGH
More Traditional in design, Glendalough's architecture will ring of the classic theme
reminiscent of the neighborhoods built in the twenties and thirties. ?he focus will be on
,
people, not cars, with narrow streets,homes closer to the boulevard,classic architecture
including porches, set back garages and even attached family apartments on some
specified lots. Generous open spaces and common greens offer ample opportunity to take
a stroll, converse with your neighbors, or play a little catch with your children or friends.
ROUNDSTONE
Adjacent to Schwartz Pond, the coach style homes of Roundstone offer intemal amenities
and an architecturally compatible theme. Trail systems link this young professional area
of EVERMOOR to surrounding recreational facilities and open spaces.
' WATERFORD
Waterford senior housing is proposed to be in one or more architecturally distinctive
p building of three stories that will accommodate the social and service functions so critical
� to senior livin . This senior housin cam us will rovi
g g p p de special internal ameruties and
will overlook ponds and woodlands. Via trails and walkways, Waterford is connected to
;.�' the city's community center and downtown Rosemount.
� ACCESS /CIRCULATION
Primary circulation is proposed to extend westerly from Diamond Path, then across
Shannon Parkway and south to intersect with Connemara Trail. Connemara Trail will be
extended east across the southem part of the site from its current terminus just east of
�-a� Shannon Parkway to Robert Street. The abutting streets of Danube Lane, Dahlia Court,
and Clover Court will be extended into the property as well to complete the circulation
system. Interior public and private streets will provide access to the various
�'� neighborhoods and o en s ace within EVERMOOR. Public and rivat '
P P p e nghts of way
and streets vary in width to provide safe passage for vehicles while reducing traffic
�`� speeds and pass through traffic.
� Our emphasis has been placed on the pedestrian in this community. Extensive trails that
are proposed encourage the use of the neighborhood.
� PARKS
The Developer intends on satisfying all park dedication requirements with land
dedication and or a combination of pazk improvements and land as shown on the plans.
� The developer assumes that additional park facilities will be financed and constructed by
the City with input on the design and use of the park by the Developer. The Developer
; would like to design and construct the park features for phase 1 durin�the 15`construction
`� season and get credits applied to cover these costs.
PROJECT NARRATIVE
EVERMOOR g
WESTWOOD PROFESSIONAL SERVICES, INC.
WETLANDS
The Preliminary Site Plan and Grading Plan for EVERMOOR entails 70,816 square feet
(1.63 acres)of wetland fill in 19 basins and 9,511 square feet(0.22 acre) of wetland
_ excavation distributed between two basins._Under Wetland Conservation Act rules;
137,632 square feet(3.16 acre) of wetland replacement credit is required, and 80,327
square feet(1.85 acre)is required to meet U.S. Army Corps of Engineers regulations.
The applicant proposes to provide the required wetland replacement by combining New
Wetland Credit(NWC)and Public Value Credit(PVC). The project provides a total of
491,090 square feet(11.27 acres)of wetland creation,stormwater ponding, and upland
- buffer, and will result in approximately 9,819 square feet(0.23 acre)of excess NWC
(wetland creation)and 309,848 square feet(7.11 acres) excess PVC (stormwater
ponding).
A detailed Wetland Permits Application will be distributed to appropriate review
agencies in late March after receipt of comments on the Preliminary Plat submission from
the Cities of Apple Valley and Rosemount.
�
GRADING and EROSION CONTROL
The overall goal of this development is to minimize the impacts to the site's rolling
natural terrain,wetlands and forestlands,as much as possible,during site development
grading. EVERMOOR's existing rolling topography,forested areas and vistas, and
numerous and varied wetlands present unique grading design challenges and
opportunities in attaining this goal.
Minimizing grading impact on a site begins with the site layout. In order to minimize the
impact to the rolling topography,wetlands and forested areas,the design of the roadway
and lot layout is critical. Once the site layout is completed, the setting of street and house
grades can begin. Throughout the grading design process, care and consideration was
taken to insure that the reaz house grades matched as close as possible to the existing
grades. As the grading design evolved,adjustments«•ere made to the site layout to
reduce grading as much as possible. Street were desi�ed with a minimum grade of 0.6%
and a maximum grade of 7.0%,with the exception of Streets B & G. These streets
require a maximum of 7.5%grades to adequately climb the steep slopes in the
northwestem portion of the site.
The oak savanna located in the west-central portion of the site will be substantially
preserved through the use of extensive retaining walls. Impact to the oak woodlands to
the east of Shannon Parkway(Street J)will be minimized by grading the street and •
boulevard areas only, and leaving the tree clearing and custom site grading until the
individual home is constructed. In other forested areas on the site proposed tree clearing
and grading limits have been limited to 20ft. behind the house pad plus the required
distance to construct a 3:1 slope up or down to match existing grade.
EROSION CONTROL
PROJECT NARRATIVE
EVERMOOR 7
� WESTWOOD PROFESSIONAL SERVICES, INC.
� The importance of erosion control and tree preservation cannot be overstated for this
project. With the nature of the existing soil conditions and the activity that is anticipated
on this site during site grading,protection of the natural features will be considered
M:,:
extremely important. The commitment has been made through the A.U.A.R. process to
implement "Best Management Practices"as outlined in the Minnesota Pollution Control
y'� Agency manual Protecting Water Quality in Urban Areas. Examples of what the final
" plan will incorporate include:
� a) Temporary and Permanent Detention Ponds
b) Infiltration Basin
c) Temporary Sediment Traps
s;;� d) Silt Fence
e) Straw Bale Sediment Traps
;� fl Rock Filter Dikes
g) Storm Drain Inlet Protection
� h) Temporary Rock Construction Entrance
�� i) Street Sweeping
j)Diversion Dikes
k) Outlet Protection from Storm Water Pipes
�'"� 1) Lot Benching
m) Temporary Seeding& Mulching
� n) Wood Fiber Blanket
o) Sodding Overflow Swales
+.� UTILITIES
The proposed residential development will require the extension of existing sewer,water
main and storm water facilities. The majority of the area west of Shannon Parkway will
i.�.�j be serviced by the extension of existing sanitary&water main facilities currently stubbed
��.� to the project limits within Danube Lane&along Shannon Parkway. The westerly 14
� lots of Street B and the town home areas at the west end of the site will be serviced by the
extension of existing sanitary& water main facilities in Apple Valley, located on the west
,°�
side of Diamond Path.
� The sanitary�sewer system throughout this portion of the site will be 8"gravity, with the
. exception of the northeastern corner at the east end of Street I. In this area the anticipated
street and house pad grades(required to match the existing conditions) and the existing
� sanitary sewer stub invert will necessitate a sanitary lift station and force main. This will
� be needed to connect the gravity sanitary sewer system along part of Street F and all of
� Street I to an existing stub along Shannon Parkway. The water main system will consist
of 6"and 8" laterals, with a 12"main routed from Danube Lane north along Street B to
� Street A, then easterly along to Shannon Parkway.
� East of Shannon Parkway the Phase 1 project area(see phasin lan will be serviced b
gP ) Y
the extension of existing sanitary&water main facilities currently stubbed to the project
limits within Connemara Trail, Cobbler Avenue&along Shannon Parkway. The Phase 2
PROJECT NARRATIVE
E V E R M O O R g
� WESTWOOD PROFESSIONAL SERVICES, INC.
� area will requirE extension of city trunk facilities to the southeastern comer of the site
(Connemara Trail Extension).
� The proposed sanitary sewer system in both Phases will be an 8"gravity system. Phase 2
includes the construction of a lift station& force main located at the intersection of
� Connemara Trail&Street R, in arder to adequately service the existing low areas at the
end of Street T&along Street U(at the north end of the site) and maintain a maximum
depth of approximately 45ft. At the intersection of Connemara Trail & Street R, the
� sanitary sewer will be 47ft. deep. If the lift station is not installed, the remaining 21001n.
ft. of sewer to the eastem limits of the site would be installed at depths between 60-70ft.
� The sewer at the intersection of Connemara& Street S would be approximately 67ft.
deep, and at the eastern project limits the sewer would be approximately 70ft. deep
(invert elevation=970).
� The water main system will consist of 6"& 8"laterals with a 12"main routed north-
i south along Street A and a 16"main routed east-west along Connemara Trail.
��' WATER QUALITY/QUANTITY
� EVERMOOR consists of rollin;hills and dozens of existing wetland areas, which
cunently receive direct runoff wlthout prior water quality pond treatment. Therefore,
these wetlands act as water treatment ponds. Natural infiltration and absorption through
i plant life are in action today, and this will continue as part of the proposed development.
�
The following references have been reviewed in the preparation of this report: Storm
Water Management Plan by Bonestroo Rosene Anderlik & Associates dated February,
1998; Comprehensive Wetland hianagement Plan adopted 1998; wetland delineation by
Westwood Professional Service,Inc., 1998; tree inventory by Westwood, 2000; digital
aerial topography by Horizon,I�'o�-ember, 1998; geotechnical report by Braun Intertec,
February, 1999;Dakota County Soils Survey; Birger Pond Lift Station Feasibility Report,
WSB,June, 1999;AUAR(to be adopted); and various as-builts provided by the City.
REGIONAL DRAINAGE ARE:�S
Due to the rolling topography, and the location of the existing wetlands, selection of
roadway alignment and lot layout�vas critical. Several areas were created with two or
more existing wetlands within a"re;ional"drainage area. These areas were concidered
essentially one ponding system,as a two or three cell pond would be. Calculations were
also performed on an individual pond basis and included in the Storm Water
Quality/Quantity Report which has been submitted under separate cover.
As part of our analysis,we performed a 100 year/24 hour storm flood analysis, as well
as water quality and phosphorous removal calculations. Our calculations indicate that we
have achieved the flood and sediment storage requirements for the proposed ponds. For
the"regional"drainage areas,phosphorous removals averaged from 57.83% to 61.68%,
and for the remaining individual drainage areas they ranged from 56.06% to 6833%. An
average phosphorous removal for all drainage areas is 68.�%. Therefore, total site
PROJECT NARRATIVE
EVERMOOR 9
� WESTWOOD PROFESSIONAL SERVICES INC.
,
� removal of phosphorous e�ceeds the 60%removal rate required by City Standards and
the A.U.A.R.
� STORM WATER FORCE MAINS
The Comprehensive Storm Water Mana;ement Plan shows a force main to be constructed
� from the existing wetlandlstorm pond located just north of the site and west of Shannon
Parkway. The force main is to be directed southwest, eventually outletting as a gravity
� sewer to Birger Pond. Much of the draina�e area for this system is located outside this
project boundaries. Therefore,we consider the system a trunk storm sewer facility,with
trunk area charges to be assessed to the benefiting properties. There is currently a storm
� sewer lift station being installed to maintain the water levels of Birger Pond.
We have reviewed the current use of Bir�er Pond as a regional storm water pond for
existing areas of Rosemount and Apple Valley and found that sizable areas currently flow
� � directly into Birger Pond. Based on this current practice, we propose to use Birger Pond
-' as a regional storm water treatment pond without pre-treatment.
� On the southeast portion of the site, and due to extreme depths on the order of 60 to 65
� feet for storm sewer, a variation from the comprehensive plan is proposed. The plan is to
� install a storm water lift station to be constructed within the site in order to reduce storm
sewer depths on-site and allow reduced depths for that portion proposed off-site.
INFILTRATION PONDI\G
Also, in the southeast end of the site,nc�o infiltration ponding areas are proposed. Ponds
of this type may be desi�ed to handle some, or perhaps all, of the storm water runoff
_ from a specific design storm, and also to reduce or eliminate the phosphorous that leaves
the drainage area. Dakota County Soil Survey indicates soils are adequate for this design.
, However, additional soil borings will be required to confirm this situation. Because the
drainage area for this lift station is sharzd with other off-site property,it should be
concidered a trunk system�vith cost sharing as a part of the assessment process.
EVERMOOR also proposes streets that are narrow•er than current standards. This
proposal is based on developing the character of this neighborhood, as well as reducing
the amount of storm water runoff. The numerous benefits of smaller streets will be
discussed in more detailed public presentations.
- PROJECT PHASING
Project phasing will generally progress from West to East, starting at Diamond Path in
Apple Valley. The proposal is to generally divide the site into two major phases,with the
West one-half being completed in 2000 and 2001, and the East one half being completed
in 2001 and 2002 dependin�on market conditions. Each of these areas will have lots and
homes for sale for 3 to 5 }�ears.
EVERMOOR DEVELOPER
PROJECT NARRATIVE
EVERMOOR �p
� WESTWOOD PROFESSIONAL SERVICES, INC.
� As the owners of EVERNIOOR, Contractor Property Developers Company(CPDC)
intends to construct the community in phases upon receipt of all governmental approvals
necessary in order for development to occur. As a wholly owned subsidiary of Scherer
� Bros. Lumber Co,Contractor Property Developers Company offers the financial integrity
and financial resources of an industry leader with more than 60 years experience. CPDC
is synonymous with the highest quality and standards of residential development in the
� Twin Cities. Their neighborhoods are highlighted by preservation of the natural beauty
of the land, grading pleasing contours, curving streets, tree preservation, spacious entries,
� and enhanced park amenities within each subdivision. Contractor Property Developers
Company, through their other subsidiaries of Scherer Bros. Lumber Co.,provides a
diversity of quality homebuilders a complete package of coordinated marketing and
� advertising,residential construction financing, and crafted home building supplies.
�
�
�
�
; PROJECT NARRATIVE
" EVERMOOR ��
�
� WESTWOOD P NAL SERVICES IN
ROFESSIO , C.
� ADDITIONAL IN-FORI�ZATION ON ACTIVE SENIOR COMMU1vITIES �
PREPARED BY D.R HORTON,INC.
�
The followin; information relates to the "Cottage" home area (Crosscroft and Clare Downs)
� located South of the existing School. D.R. Horton has been the selected builder for this area.
What is Lifesri�le/Active Adult Development
�
�� Lifestyle development is all about or;anizing, designing, and building housing that is specifically
tailored for the a?e bracket and lifestyle of the homebuyer. In the case of "active adult"
development, projects are oriented towards the very specific needs, desires, and lifestyle choices
of adults usually over the age of 55.
� Most people, when they think about the term active adult living, often visualize the type of very
large scale community housing projects that were conceived in the south and southwest starting
� nearly 40 years ago. To be sure, this seg�nent of the housing industry continues to grow. But
there is a more recent trend occurring.
I
� Empty nesters and single adults are clamoring for the feelings they remember while raising
� families in their old neighborhoods. This is happening all across the country. The aging baby
� boomer population is having a si�ificant impact upon the housing industry, searching for
housing options that fit their changin;lifestyle.
, Active adult development explores the emotional framework from which adults approach a
- pending mo�•e to an active adult community. These are the motivations driving their move; how
they think and feel about the entire process; and what they want, need, and expect in their new
�
home and community.
�
�
Active adult communities are notable for the reduced pressure they place on public
infrastructure, roads, and utilities. In addition, these types of projects have no demand for
additional school facilities. These factors are an offset to the concerns of expansion in a rapidly
growing community such as Rosemount.
�`� What Do Acti�•e Adults Want
>
;
This is the key to a successful project: Find out what lifestyle issues are most important to active
� adults, and then design the entire project to fit that perspective.
Horton will be doing considerable research and focus group studies with adults to establish and
:�� fine tune our ideas about housing plans, clubhouse uses, association activities and costs,
� aesthetics, security, and comfort. These are all lifestyle choices. It has been Horton's collective
!� national experience that bricks and mortar, while important, are often down the list of critical
decision-makin�points to the potenrial buyer.
PROJECT NARRATIVE
EVERMOOR 1
�
WESTWOOD PROFESSIONAL SERVICES, INC.
� Here are a few corr�mon concerns and characteristics of adult community development that
illustrate the approach to the development.
� Common Perspectives of Active Adult Buyers ...
� ■ They are distressed with changes in the neighborhoods where they had lived for a very
long time. The increasing threat of crime has left them with a tremendous sense of
discomfort.
� ■ Feel little in common with young families pushing baby carriages in their old
neighborhood.
■ Miss the support and friendship of old friends, neighbors, and family that seems to have
� gradually dissipated over the years. Each sale on the block leaves them feeling more and
more socially isolated.
� ■ Often have concerns about a spouse's health or disability. Singles and widows often find
themselves reluctantly taking on many of their husbands' (or former husbands') chores
and responsibilities.
� ■ Are increasingly tired of walking the stairs all the time at the old home.
■ Are looking for a more active and stimulating lifestyle. No longer occupied with the
� daily demands of raising a family and maintaining a household, they are seeking
something quite different from the sometimes tedious routine of their current lives ... a
kind of new beginning or adventure in many ways similar to what they had experienced
� while vacationing.
Common Desires of Adult Buyers ...
■ Many are heavily influenced by what they had seen and come to expect in southern
markets. Aside from the warm weather, people are attracted to the apparent open and
airy feeling of southern projects. Despite what appears to be a preference for the
southern lifestyle, in the end virtually all seek those lifestyle qualities they found most
appealing in the south.
• Universally want a sense of energy, vitality, and livability in their community.
Community living is extremely desirable because of the inherent security and knowledge
that your neighbor knows you, and likely shares your same concerns about a sense of
comfort and worry free living.
■ Are extremely reluctant to leave move long distances from their parents, their children,
and especially their grandchildren.
■ Desire an opportunity to sell their current home, which has become too large and difficult
to maintain. The idea of maintenance free living is a major enticement in the
consideration to move to a smaller home in a community setting. Many want an
opportunity for a second home.
�Vhat Will The Housin� & Site Look Like
PROJECT NARRATIVE
EVERMOOR 2
!'�a►,�ii��Y"�'�.-4�c��itf'�'�'x� +,,,�:;-:cY y ,h. .�-» - -
WESTWOOD PROFESSIONAL SERVICES, INC.
In the packet of information provided to you, there are some photos of an active seniors
development nearing completion in New Jersey. These desi�ns are specific to the smaller lots
and more neighborly feel typical of adult projects.
We are using these plans as the starting point for our project here at Evermoor. It is too early to
speculate as to the precise materials, desi�, and floor plans until we get farther along in the
development process. These are some things you can expect to see as the plans evolve.
1. We will be making every effort to do�rnplay the impact of garage doors on the street face
of neighborhoods.
2. Materials and features will be geared to ease of maintenance and ownership.
3. The entire development will be under association/maintenance.
4. Site design and amenities will foster greater community interplay.
You can also see from the photos there is generous landscaping, trails, walks, and neighborhood
focal points. The focal points include a pitch and putt area,bocce ball courts, bird sanctuary, koi
ponds, and gardens. As the Evermoor plan evolves, we will also be providing similar types of
community focal points and green spaces.
�Vhat Will The Clubhouse Look Like
In the packet of information provided to you, there is an elevation of the main clubhouse in New
Jersey, plus a photo of the building under construction. This is an English Manor style building,
� which may not be appropriate for the Evermoor project,but at least gives you an idea of the scale
� of the clubhouse.
The enclosed building floor plan and site plan also indicate the level of amenities that may be
� included in the Evermoor project. Hear is a list of what can be considered as typical, though not
universal, clubhouse uses and site amenities.
� ■ Lounge ■ Library
■ Billiard Parlor � Ballroom&Kitchen
■ Card�Game Rooms ■ Business Office
■ Fitness and Locker Rooms ■ Arts &Crafts Room
■ Pools &Decks ■ Lounge
i
� What Activities Will Be Available to Residents
Hear is a list of what can be considered as typical,though not universal,to adult communities.
�
■ Garden Club ■ Investors Clubs
� PROJECT NARRATIVE
EVERMOOR 3
�
�
WESTWOOD PROFESSIONAL SERVICES, INC.
r _
■ Dinner Club ■ Bird Watchers
�`.
■ Card Clubs ■ Billiards
■ Craft Clubs ■ Ping Pong
� ■ Golf Leagues � ■ Tennis
• Chorale Groups ■ Shuffleboard
� • RV,Boat, Sport, and Travel Clubs ■ Bocce Ball
• Walking and Running Clubs ■ T'heater Guilds
� ■ Singles Groups ■ Museum and Artist Guilds
■ Sport fishing Clubs ■ Travel Clubs
■ Automotive Clubs ■ Bible Study Groups
�.
� • Swimming Clubs ■ Education and Volunteer Groups
�. • Woodworking Clubs
How Does The Association Work
Horton will create a separate community association company for the implementation of
� community wide activities and common maintenance. This association firm will be separate
from Horton's other business activities as a stand-alone company.
�
� The company management will be the homeowner's board, elected by the homeowners. At the
outset, Horton will hire and staff the association with people experienced in adult activities
coordination and development. Horton will fund the early years of the association until the
�: association dues are covering all expenses. This is a cost of the development,much as a s�eet or
land acquisition.
�; After this association company is in place, Horton is only building and selling product to buyers.
Horton will not be responsible for maintenance activities, except to the extent of our building
warranties in the early years.
�
The association will have a free hand in organizing and implementing the homeowners' desires.
�' What Happens Next
� There are several steps we will be going through to implement the project.
1. Horton will organize conceptual house plans, clubhouse plans, project layout, and the
� proposed community activities.
2. We will begin a series of focus group studies. This is where we seek out potential buyers
and get their opinions on everything from siding colors, floor plans, clubhouse plans, and
� landscaping; on to the more critical aspects of lifestyle issues and activities.
PROJECT NARRATIVE
EVERMOOR 4
�
� WESTWOOD PROFESSIONAL SERVICES IN
, C.
� 3. From what we learn from this research,the Horton plannin team will then: �
. g
� a. Formulate final design plans for the community.
b. Refine the product line and amenities to be offered.
� c. Position and market the development effectively such that the entire development
is seen as an asset to Rosemount.
� Who Is DR Horton
Horton is a national builder / developer with divisions in 23 states and 40 markets operating
� under a number of prominent builder names. At the end of fiscal year 1999 (September 30)
Horton had sold 18,395 homes, generating revenues of$3,156 billion.
For the first time ever in its 33 year publication history, Professional Builder magazine selected
Horton as its Builder of The Year, noting Horton's unbroken string of 21 years of revenue and
profit growth. Horton tecently announced record orders for new housing, which gives us
confidence we will once again enjoy a solid year of growth. It is anticipated the company will
reach $4 billion in revenues in 2000. Horton develops all types of residential for sale product in
prices from $80,000 to in excess of$700,000.
Horton is one of the Twin Cities largest builders, selling 450 homes in 1999. Locally, we are
growing and prospering. About half of our local sales are multi-family residential units, with the
- balance being custom single-family housing. We are currently developing and building in 17
Twin Cities'neighborhoods.
Is Horton Capable Of Implementin�The Proiect
DR Horton has several regional divisions (New Jersey, Chicago area, Nevada, California, and
Colorado to name but a few) developing very sophisticated adult communities that range in size
from about 100 homes to in excess of 2000 homes.
The adult community at Evermoor will be one of the first such projects built by Horton in
Minnesota. In addition, Horton Minnesota is considering similar adult developments in other
Twin Cities communities. It is important to note that Horton has an enviable financial track
record in the industry, and is one of the few local firms capable of sustaining the high startup
costs associated with adult development.
In addition, Horton has an outstanding reputation in several fast growing Twin Cities
communities (Lakeville, Woodbury, Savage, Shakopee, Farmington, Eagan, Apple Valley, Elk
River, Stillwater, to name but a few) in terms of our ability to financially guarantee infrastructure
work. Finally, Horton has top industry personnel experienced in adult development design,
development, marketing, and management.
PROJECT NARRATIVE
EVERMOOR 5
�
WESTWOOD PROFESSIONAL SERVICES, INC.
� DR Horton is quite capable of creating a new neighborhood that the citizens of Rosemount will
be proud of. More importantly, we will be providing an opportunity for adults to enjoy a
� fulfilling life,with the vitality, security, and independence they desue and so richly deserve.
�
�
�
�
�
�
� PROJECT NARRATIVE
�
EVERMOOR 6
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CITY OF ROSEMOUNT
DAKOTA COUNTY,MINNESOTA
RESOLUTION 1999- 6 4
A RESOLUTION APPROVING
• THE CONCEPT RESIDENTIAL PLANNED ITNIT DEVELOPMENT
FOR CONTRACTOR PROPERTY DEVELOPERS COMPANY
Kelley Trust Property
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Contractor Property Developers Company for approval of a concept residential
planned unit development for the Kelley Trust property located north of Country Hills,between
Diamond Path, either side of Shannon Parkway, and west of Dodd Road in Rosemount,
Minnesota; and
WHEREAS, on Apri127, 1999, the Planning Commission of the City of Rosemount reviewed
the Concept Residential Planned Unit Development for Contractor Property Developers
Company and adopted a motion to recommend approval, subject to conditions,to the City
Council; and
WHEREAS, on May 18 and June 1, 1999,the City Council of the City of Rosemount reviewed
the Concept Residential Planned Unit Development for Contractor Property Developers
Company.
NOW,THEREFORE, BE IT RESOLVED,the City Council of the City of Rosemount hereby
approves the Concept Residential Planned Unit Development for Contractor Property Developers
Company, subject to:
1. The development, as identified in Exlubit A,consists of 536.3 acres including land
previously dedicated for Shannon Park. Considering undevelopable land for slopes and
wetlands, staff is using 460 acres as a net developable acreage. Therefore, 920 units are
allowable based upon the pending Comprehensive Guide Plan policy. Of the 1,153
proposed units, 233 (20% of the total)would be considered a density bonus based on the
following: (a) a mix of ten housing unit types; (b) the use of varied(custom)builders for
high value/quality housing; (c)�gher-than-normal amount of common open space; and
(d) a plan that appropriately transitions from higher to lower densities.
2. Multi-family housing will comprise 27 percent(310)of all housing units. Future zoning
designations for the multi-family units will be a combination of R-2 and R-3, and the
single family detached units will be a combination of RL,R-1, and R-2. Senior housing
will be 100 units as either rental, coop or condominium. The number and density of
senior housing cannot be replaced by another housing type without an amendment review
process for the PUD.
3. Housing types and neighborhood clusters shall be utilized to reinforce a pattern of
transition from urban to rural. The proposed estate housing adjacent to the rural
residential district shall have a net density of one dwelling unit per acre over an area
Resolution 1999- 6 4
consistirig of all lots adjacent to rural residential uses. This may be accomplished with
large lots or clustering of dwelling units. Clustering techniques shall be applied to
housing appropriately to adapt the development to the natural forms instead of
significantly altering them. Consideration should be given to increasing the use of cluster
techniques,particularly on the northem tier to preserve additional open space or natural
features.
4. Housing types adjacent to existing urban single family residential uses shall be similaz to
the established housing types and densities. In the case of dissimilar housing types or
attached housing,bufferyards utilizing preserved stands of trees and/or extensive
landscaping shall be required to preserve homogeneous neighborhoods. The developer
shall complete all housing types,as identified in Exhibit B, to be incorporated into the
PUD Agreement. Variations to lot dimension and setback standards shall be further
evaluated and identified in the PUD Agreement for the Traditional, Cottage and Villa
housing types.
5. The environmental review process will help determine the ultimate locations of streets,
housing and infrastructure. The city supports the Altemative Urban Areawide Review
(AUAR)process. This concept approval shall not waive the requirements of the
Wetland Conservation Act of 1991,the Tree Preservation Ordinance, and the Surface
Water Management Ordinance..
6. The east-west parkway street shall intersect Shannon Pazkway at a perpendicular in a
location causing least impact on trees,wetlands, and natural features. City engineering
standards will also be used to determine the most acceptable location and design.
7. Additional transportation standards shall include the following:
(a) Clover Lane and Danube Lane,which terminate at the edge of the development with
temporary cul-de-sacs and barriers,shall be designed as through streets ultimately
connecting to Connemara Trail and the easdwest parkway respectively;
(b) Modifications to the City street design standards should be further evaluated with the
review of the traditional homes portion of the concept plan at the preliminary plat stage;
(c) The pazkway connecting Connemara Trail to Shannon Parkway and eventually to
Diamond Path shall be designed wider than a normal residential street with sidewalks
and/or trails on both sides of the parkway;
(d) The City will further evaluate traffic calming ideas with the developer for Shannon
Parkway, Connemaza Trail and all other streets within the proposed development; and
(e) Dodd Boulevazd south of 132nd Street shall be connected to the proposed
development,but not d'uectly to Connemara Trail.
Resolution 1999- 64
8. Concept approval shall include but not be limited to the following: (a) a major east-west
trail shall-be public; (b) sidewalks and/or trails shall be on both sides of all collectors,
including the new parkway; (c)public parks should include locations at Birger Pond and
an east-side neighborhood park; (d)all private open spaces shall be preserved and
managed through easements or other legal documents; and(e) a trail underpass at
Connemara shall be completed for the major east-west trail.
9. The developer shall work with the City to attain physical connections to the downtown,
including but not limited to streetscape features and pedestrian/vehicle linkages.
10. The developer shall make provisions satisfactory to the City Council that all private open
space is maintained and managed in a manner that results in long term protection of such
open space.
11. Neither the overall density nor the number of units in each housing type may be increased
by the developer in later stages of the re��iew process without council amendment of this
resolution. This concept approval,including but not li.mited to overall density and
number of units in each housing type,is subject to further consideration by the council of
the AUAR, details of final plats and development plans,the number and extent of
variances and all other information presented in later stages of the review process, and to
execution of an acceptable PUD Agreement. Amendments to the Concept PUD may be
required by the council upon such further review and upon consideration of the final
proposed details of development.
ADOPTED this 1 S`day of June, 1999,by the City ncil of the City of osemount.
Cathy Busho, ayor
ATTEST:
Su M. Wa , City Clerk
Motion by: �d w a r d s Seconded by: C i s e w s k i
Voted in favor: C i sewsk i , W i ppermann, Busho, Carro I I , Edwards .
Voted against: N o n e.
Member absent: N o n e .
RESOLUTION 2999-64
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March 13, 2000 - - �
To: Rosemount City Counci! �- -�
Rosemount Planning Commission . - .
Contractor Property Developers Company _ _ _
Trust for Public Land
Representative Dennis Ozment �
Dear Rosemount City Council: � �
I am writing this letter in regard to the Kelly Trust Properiy. After attending the
neighborhood meeting last Thursday, I had several concerns with the proposed
development of Evermoor.
First let me tell you what I have observed living on property on the south shore
of Birger Pond my whole life. I have always been intrigued by the uniqueness of the �
hills compared to the surrounding topography. To the north of the Kelly property it is
very wooded and hilly. To the south the land becomes flat quite quickly. Many times
driving home on Diamond Path I have seen cars pull over on the sftoulder just to gaze
over the hills. In a suburb where we are so surrounded by lights, buildings, cars, and
even trees, it is refreshing for people to have a place they can stop and wonder. t am
also quite sure that this land has never been cultivated meaning we have a wealth of
natural prairie grasses and flowers. It was noted at the neighborhood meeting that
what the Evermoor developers have arbitrarily named "Carrow Keel Hill" is the highest
point in Dakota County. When you are on the top of this hill you can see Koch Refinery
to the east and Buck Hill to the west. It's pretty impressive. There are also stands of
Savannah Oak that cannot be touched and turtles on the endangered species list.
Manv of the slopes in the hills are very steep and wouid require several ordinance
variances.
. I am also concemed about the many wildlife that inhabit this area. We have
heard coyotes, seen brush wolves, and badgers. The mountain lion that was sighted
on McAndrew Road two weeks ago travels through the hills all the way to our properly
which is evidenced by ciaw marks on one of our trees. This time af year the Canadian
geese are beginning to nest on the north side of Birger Pond. Terns migrate through
here every year and have sperrt the last week enjoying the end of the ice. Soon there
will be gray, white, green and night herons. The last few years, cormorants have
roosted on the dead cottonwood on the island. Many evenings we hear owls in our
woods. One year we found the carcass of a snowy owl on the south slope of "Carrow
Keel HiIP'.
I know that I personally cannot stop this land from being devefoped but I am
very concerned with the amount of open space. I know it has been said that the
developers are being very generous with leaving 30% open space but I question that
number. Most of the space that is being left open is unbuildable for several reasons.
First, Birger Pond is listed as open space and you can't very wel! build on a pond. The
same with all the natural ponds and wetland areas. Second, the natural stand of
Savannah Oak cannot be touched. Third, because of the natural steep slope of much
of the land, you would have to request an unusually high number of variances.
Before this development is finalized, I would like to see more open space,
especially on the west end of the development. Rosemount had been given 20 acres
for park on the south east end of the pond which is almost all underwater. Could there
be more park space around the lake? There was an article in the Pioneer Press today
about legislature passed in 1998 to help protect shore land. This land is natural _
, prairie and has little vegetation to protect the water from runoff. Why don't we protect
� this treasure now? I wonder why the Apple Valley side has a concerttration of town
homes? Do they not have as strict ordinances as Rosemount?
Also, is it possible to keep a greenway for wildlife from Lebanon hil(s. This
would be a wondertul asset to the whole community. Has there been any thought to
smaller lots in clusters to leave more open space between clusters? There are �
successful communities in the eastern parts of the United States that have done this.
My last concern is for traffic on Diamond Path. I cannot imagine what it will be
like once this development is finished. My mother remembers when Diamond Path
was just that, a footpath. Now we hardly dare to walk on it at all.
There are many good things with the Evermoor project. I am just concemed that
for the sake of growth we will be destroying an area of land that has laid natural since
it was molded from the glacial period and it will never be the same again.
Sincerely,
Pamela Carlson
4483 Upper 135th St W
Rosemount, Mn. 55068
651-423-4135
651-454-2344
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The beautiful hilis that have surrounded Shannon
Park for so long, and have been a grazing ground for
sheep, are going to be developed into houses. We
can save some of the hills, trees, and ponds if we
work together. Sign this petition if you care about the
land and what happens to it, and if you want to help
save it.
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can save some of the hills, trees, and ponds if we
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� Richard and Meryl Eastwood
14Q18 Clover Lane
Rosemount
MN,55068
26 March 2000
Rosemount City Planning Commission
City Hall
Rosemount
Re : "Kelley Trust" Property Proposed Housing Development
We are unable to attend the Planning Commission meeting 3/28 and submit this letter
with observations upon the plans, tabled by the developers at recent public meetings, that
we request be given due consideration by the Planning Commission.
� The observations are :
1) The concept and sa.les information published by the developer appea.rs
, unreliable....between January and February, 2000 the azea ofparks, trails and open
spaces has varied from 170 to 190 acres and "over 3.5 miles of separated tails" to over
14.6 miles of separated trails and sidewalks"..........what is the truth of the matter,
how have those statistics varied since the original sales pitch was made to win the
original planning proposal, and does the allowance(whatever it may actually be)
include the currently unadopted area.of land called "Waterford" that in the ultimate is
planned to be a senior living community?
2) The local newspaper(Rosemount This Week) in its 3/25 issue has reported that
discussions are under way between the council, or other statutory agents, and the
Developer as to "wetland replacement". How long ago is it that members of the
Planning Commission were vaunting their strong protection of all wetlands, that no
wetland disturbance must be allowed in this precious area of cuirern natural beauty?
It appears to many that once a proposal has heen accepted,the Developer and the City
feel free to make whatever arran�emeIIts they wish despiie a�uFances gi��
previously_ Will this development be subject to new,much tougher,Corps af
Engineers rege2lations in resgect c�f�etlands proRec�licm thai are intended to become
effedive Jun�2000?
3) Promises were sought b�the Pianning Cammission in respect of ma�_ 'nr�in�ng natiaaE
routes for the abundance of�cllife that freque�nts the ciureatlF un�c��ed l�Thas�
promises were givea by the Ueveloper,and bY�eir c�w��ssaon have nat beea
achieved There is aot a remote�y�raturat traii inciuded in ti�e aareat pL�ns Bdif
wildlife and conce�resideats bave been tata�ly let davvnl Hov�does�F�aan�g
Cammission PraPase to Frov�de t�e r�ea�s i����-.;...,�;-r�„'``,,?
4) The Planning Commission will doubtless reca.11 the slick references to the style of the
Developer's current Stillwater development, how that breaks the mold of development
pattems in the mid-west and how that style of planning would be the community
development pattern of the future. Fine words and a good sales act.....the actuality is
that a mere 25% of the proposed number of housing units has been planned in that
manner, this development is essentially no different to most others in the region and
Rosemount itselfl What a waste of a fine expanse of natural beauty!
5) I and several neighbors in Clover Lane and the Shannon Hills 6�' addition petitioned
the Planning Commission in 1999 to consider making Clover Lane a cul-de-sac, both
for safety reasons and to avoid Clover Lane becoming an inevitable rat run for tr�c
within the Shannon Hills development seeking to travel eastwards on the extended
Connemara Trail. Apparently the local Fire Marshal made objection to that propasal
on the grounds of difficulty in movement of emergency vehicles through cul-de-sacs.
It should be made ctear to the Fire Marsha2 that under the current proposal at least
32%, or 260, ofthe single family units are planned to be in cul-de-sae cZusters. The
separation of Clover Lane to make 2 cul-de-sacs will affect a total of I4 housing
units! The F"ue MarshaI shouid be asked to review his position a.nd consider vehicuIar
safety on Clover Lane as being primary in the light ofthe much more significant
emergency vehicle access problems that he and fiis force are going to be confronted
with under the wider deveIopmerrt proposaIs.
There has been much concern in the community since the Kelley Trust sale of the Iand
for development purposes became known. In the overatl County and Metropolitan ptans
this expanse of outstandingty beautiful natural landscape, sadly and shortsightedly,was
atways threatened with devetopme�t and the community has had to bow to the power of
the mighty dollar_ How great a missed opportunity this has been v�riti not be fully realized
and regretted for 20 to 30 years but at least a�a commnnity t�t has had to accepE the
inevita.ble let us ma.ke a staud for quaIiiy of developme�r�i and sensitivity to rapidty
eE'oding naturat r�es and witdlife..__._the earreat pmposal by the Developer
recagnizes ncrthi�but the apportunity far enormoug r�rnfn��nc1 itg�s.s�e threu�thP
PlangiIIg ec��iss;c�;,a:�3���aurtcit in it.��€ese�t fa€�w�it �cee4��z� �-���=�__�
is..: ....a cortmie2e�) exit�tf t}ie Gnmirnmitv nfRc�ce.mEUmtt --
Yours ,
� �
CITY OF ROSEMOUNT
� EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: May 16, 2000
AGENDA ITEM: Heritage Development Concept Residential AGENDA SECTION:
Planned Unit Development for Carrousel Plaza New Business
South
PREPARED BY: Rick Pearson, City Planner AGENDA NO. � �
ATTACHMENTS: Draft Resolution; Concept Plan; Draft findings APPROVED BY:
for PUD; Resolution 1997-105;Development
agreement for Carrousel Plaza South.
Applicant: Thomas Von Bische of Heritage Development
Location: East of Chippendale Ave.,south of movie theater
Property Owner(s): Carlson Tractor&Equipment Co.
Area in Acres: Approximately 6.3 acres plus 2.19 acre remnant
Number of Units: 38
Overall Density: 6 units per acre
Comp. Guide Plan Desig: Business Park
Current Zoning: BP-3
Requested Zoning: BP-4(which allows attached or mulriple housing via PUD)
Planning Comm.Action: Recommendation of Approval(4-0)
SUMMARY
T'his concept for a residential planned unit development should support Rosemount's Vision Statement as offering an
opportunity to live in an environment that contributes to small town character and exhibits pride in its neighborhood. It
may also contribute towards the Council Goal of providing affordable housine.
Tom Von Bische of Heritage Development is requesting concept planned wut development approval for a 38 unit
townhouse development on Outlot A, Carrousel Plaza South. In October of 1997, concept approval was granted for 36
units requested by Twin City Townhomes (see attached resolution 1997-10�),but never completed.
The development consists of an extended private cul-de-sac entering from the private driveway which provides access to
the movie theater via an easement. The housing units are row style townhouses ranging from doubles to 6 unit buildings.
Staff's primary concerns are:
1. The platting of the property, ensuring that the private driveways have appropriate shared access and
maintenance agreements.
2. Effective landscape screening between the theater and the new tow�nhouses.
3. That the existing and proposed private streets that serve the development are constructed to city standards which
include curb& gutter.
4. The private streets conform to Fire Code requirements as identified by the Fire Marshal.
The movie theater presents a potential land use conflict which needs mitigation. Otherwise,the site has some desirable
qualities for housing with the southerly orientation to Wachter's Lake and the potential for walk-out style units. If the
City Council approves the concept,then a PUD development plan will be the next step with all of the supporting details
including architectural elevations, grading, landscaping, site plan and utiliries.
PLAN1vING COMMISSION PUBLIC HEARING
One resident inquired about the value of the units and if there would be rental units. The developer indicated that the
value would be in the $130,000 range similar to Rosemount Commons(Claret Springs East). He also indicated the units
would be for sale, and assumed to be owner-occupied.
RECOMMENDED ACTION: Motion to adopt a resolution approving the Concept Residential PUD for Heritage
Development of Minnesota, Inc.
CITY COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY,MINNESOTA
RESOLUTION 2000-
A RESOLUTION APPROVING
THE CONCEPT RESIDENTIAL PLANNED U1vIT DEVELOPMENT
FOR HERITAGE DEVELOPMENT OF MINNESOTA,INC.
WHEREAS,the Community Development Department of the City of Rosemount received an
application from Heritage Development of Minnesota, Inc. for approval of a concept residential
planned unit development on property located east of Chippendale Avenue, north of Wachter's
Lake; and
W�IEREAS, on Apri125, 2000, the Planning Commission of the City of Rosemount reviewed
the Concept Residential Planned Unit Development of Heritage Development Co. and adopted a
motion to recommend approval to the City Council.
WHEREAS, on May 16, 2000, the City Council of the City of Rosemount reviewed the Concept
Residential Planned Unit Development for Heritage Development of Minnesota, Inc.;
NOW, THEREFORE, BE IT RESOLVED,the City Council of the City of Rosemount hereby
approves the concept for the Heritage Development of Minnesota, Inc. Residential Planned Unit
Development, subject to the following conditions:
1. Rezoning the housing area to BP-4, Business Park;
2. Conformance with the balance of the PUD requirements including platting, the PUD
development plan, and execution of a PUD and subdivision agreement to secure public
and private improvements.
3. Ensuring that the private driveways have appropriate shared access and maintenance
agreements.
4. Effective landscape screening between the theater and the new townhouses.
5. Existing and proposed private streets that serve the development are constructed to city
standards, which include curb & gutter.
6. Private streets conform to Fire Code requirements as identified by the Fire Marshal.
ADOPTED this 16`''day of May, 2000, by the City Council of the City of Rosemount.
Cathy Busho, Mayor
ATTEST:
Linda J. Jentink, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
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- FINDINGS �
In approving the Concept Plan, the Commission must find as follows and forward its findings to
the Council.
a. The Plan provides sufficient useable open space and evidences a substantial preservation
of natural features to warrent the granting of variances through Planned Unit
Development.
The proposed development is on the norhtern edge of Wachter's Lake which provides an amenity
that could be accesible to all of the units via private trails.
b. The Plan complies with the intent of the Comprehensive Guide Plan.
Attached and multiple residential uses are allowed by PUD in the BP-4 Business Park District
which is consistent with the Business Park land use designation.
c. The proposed development will not be detrimental to surrounding properties.
Site improvements including landscape screening within the perimeter setback areaswill have to
be sufficient to buffer dissimilar land uses
d. The Plan is more creative and will provide a better living,worlflng, or shopping
environment than is possible under strict ordinance requirements.
Clusters of dwelling units arranged about the private driveway system creates an intimate
neighborhood setting that would not be possible with a standard public street with typical front
yard setbacks.
- CITY OF ROSEMOUNT -- -. �
DAKOTA COUNTY, AZINNESOTA
RESOLUTION 1997- 10 5
A RESOLUTION APPROVII\'G
THE CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT
FOR T�VIN CITY TOWNHOMES, INC.
WHEREAS,the Planning Department of the City of Rosemount received an application from
Twin City To�vnhomes,Inc. for approval of a concept residential planned unit development on
property located between GTI Movie Theater and Wachter Lake, east of Chippendale Avenue;
and
WHEREAS,on October 14, 1997,the Planning Commission of the City of Rosemount reviewed
the Concept Residential Planned Unit Development of Twin City Townhomes, Inc. and adopted
a motion to recommend approval to the City Council.
WHEREAS, on October 21, 1997,the City Council of the City of Rosemount reviewed the
Concept Residential Planned Unit Development for Twin City Townhomes,Inc.
NOW, THEREFORE,BE IT RESOLVED,the City Council of the City of Rosemount hereby
approves the Concept Residential Planned Unit Development for Twin City Townhomes,Inc.,
subject to:
1. Execution of a subdivision a�reement to secure public infrastructure and including
recommendations relative to driveways, grading, utilities, easements,rights-of-way, —
ponding, streets and public infrastructure requirements as identified by the Public Works
Department.
2. Incorporation of recommendations relative to State Hi�hway 3 by the Minnesota
Department of Transportation; and
3. Developer must make payment to the City at the time of final plat for the following
items:
a. Preliminary payment for future improvements to Chippendale Avenue,including
street and trail, estimated at this time in the amount of 519,402.; .
b. 1997 Storm Sewer Trunk Area Charges at�2,530 per acre which is estimated at this
time in the amount of$14,421,this amount may be less due to ponding easement
credit(based on 5.7 acres); and
c. 1997 Geographic Information System (GIS) fees at $50 per lodunit estimated at this
time in the amouiit of$1,500(based on 30 units).
4. Replatting the current outlot as necessary for the development and the remaining vacant
land.
Resolution 1997- 105
5. Rezoning the concept area to BP-4,Business Park which allows the residential PUD.
6. Payment of park dedication in the form of cash per dwelling unit based upon the current
fee schedule in effect at the time of final planned unit development and platting approval.
ADOPTED this 21 st day of October, 1997 by the City Council of the City of Rosemount.
Cathy Busho, ayor
ATTEST: -
Su M. Wa , City Clerk
� Motion by: W�P P e r m a n n Seconded by: E d w a r d s
Voted infavor. W i ppermann, Busho, . Carro I I , Edwards, Anderson
Voted against: N o n e.
Member absent: N o n e.
2
� Development Agreement �
CARROUSEL PLAZA SOUTH
i�!`13
T�ns AGxEEt�t��v'�' dated Z� 7h day of D�i.£�h�r�- ,�,'by and
between the CrrY oF RosE�vtotrlvZ', a Minnesota municipal corporation, ("City"), and CAttL.solv
PROPERTIES OF ROSEMOUNT, Box 69, Rosemount, Minnesota 55068, (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a replat of land
to be known as C�toUSEL PL,AZA Sou'r� (also referred to in this agreement as the
"plat"). The land is legally described as follows:
Lots 5 and 6, Block 3, Sou� RosE P�tx Annrrioh� R�[.,�►T, according to the
recorded plat thereof, Dakota County, Minnesota; except that part of said Lot 5
lying within MnDOT right-of-way Plat No. 19-79.
-� - _
Lot 4, Block 3, said South Rose Park Addition Replat; except that part thereof
lying north of a line drawn parallel with and 150.00 feet southerly of, as
measured at right angles to, the common line between Lot 1 and Lot 4, said
Block 3; and except that part thereof lying within MnDOT right-of-way Plat No.
19.79.
The Developer intends to replat the three lots in the South Rose Pazk Addition Replat into
two parcels, a lot and an outlot, which will comprise the Carrousel Plaza South addition.
The lot, described as Lot 1, Block 1, Carrousel Plaza South, shall be comprised of 8:b8
acres. The outlot, described as Outlot A, shall be 8.3307 acres and may be fuRher
subdivided in the future.
2. S�ecific Conditions of Approval. The City, through this A�reement, approves the Plat
upon the following specific conditions:
A. Easements for drainage and utilities, as determined by the City Engineer, must be
agreed to by Developer on both Lot 1 and Outlot A, with respect to existing and
proposed storm water conveyance and infrastructure. �e City will participate with
funding not to exceed $4,000 as its share of necessary incremental oversizing of storm
sewer utilities and the NURP Pond, plus the City shall bear the cost for inspection of
said storm sewer system and Pond.
B. Developer agrees to the extension of the existing storm drain system located in the
southwest portion of Lot 1, as approved by the City Ena neer, for purposes of
connection to a National Urban Runoff Policy Pond.
C. Developer shall construct a NURP Pond designed to accommodate runoff from the
extended pipe referred to in paragraph B, the pipe on the eastern edge of the
property, and Lot 1 in accordance with mandated Metropolitan Council policies.
n:�crstPi�
Pa� I uf 7
D. Developer shall dedicate land for ponding areas at or below existing etevations of
929.5 feet or regrading to maintain an equivalent volume of storm water storage
capacity with easement dedication.
E. No public or private streets or driveways are to be constructed on Outlot A, except
for recorded easements for access to Lot l.
F. No development shall be undertaken by Developer on Outlot A until it is replatted
into lots and sewer service is available.
G. Developer shall remove the existing barn and silos from Outlot A.
H. Developer shall provide the sum of $9,554.38 as a park dedication fee for
development of Lat 1 of Canousel Plaza South.
I. Public vehicular access to Carrousel Way shall be limited to the private 32-foot-wide
driveway that is centered along the western boundary line of Lot 1.
J. Only one private entrance shall be allowed to access Chippendale Avenue for Outlot
A. This private entrance shall provide the only access to future lots subdivided from
Outlot A.
K. All access driveways shall be privately constructed by the Developer in accordance
with standards on file with the City Engineer.
L. Developer shall obtain a Minnesota Department of Transportation drainage permit.
M. Developer shall comply with the site plan review requirements attached to this
Agreement as Exhibit A.
3. General Conditions of Plat Approval. In addition to the special requirements set ferth in
paragraph 2 above, Developer and, as applicable, the City agree to the following terms and
conditions:
A. 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 control, shall apply to or affect the use, development, or
dedications of the approved Plat, unless required by state or federal law or a�reed 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.
B. The Developer shall install or cause to be installed and pay for the following:
1. Sanitary Sewer;
2. Water;
3. Storm Sewer;
4. Private Streets;
5. Concrete Curb and Gutter;
6. Boulevard Sod;
b::CnlPiza
Page 2 of 7
.
7. Street Lights; �
8. Sidewall:s and Trails;
9. Street Signs;
10. Setting of Lot and Block Monuments;
1 l. Surveying and Stal:ing of Work to be Performed by the Developer; and
12. Gas, Electric, and Telephone Lines.
The City shall reimburse the Developer for core facilities that the Developer installs at
the difference between core and lateral cross as determined by the City Public Works
Director and approved by the Utility Commission. The improvement shall be installed
in accordance with City standards, ordinances, and�plans and specifications, prepared
by a competent, registered professional engineer, furnished to the City and approved
by the City Public Works Director. The Developer shall obtain all necessary permits
from the Metropolitan Waste Control Commission and other agencies before
-proceeding with construction. The Developer shall instruct its en�ineer to provide
adequate field inspection personnel to insure an acceptable level of quality control to
the extent that the Developer's engineer will be able to certify that the construction
work meets the approved City standards as a condition of City acceptance. In
addition, the City will monitor the Developer's inspector regardin� the construction
work necessary to insure compliance with City standards. The Developer or its
engineer shall schedule a preconstruction meeting at a mutually �areeable time at the
City Council chambers with all the parties concerned, including Ciry staff, to review
the program for the construction work. Within thirty (30) days after the completion
of the improvement, the Developer shall supply the City with a complete set of
reproducible "Record Plan" drawings. The Developer or Assigns shall warranty the
Developer installed utilities against poor materials and faulty workmanship for a
period of two (2) years from the date of written acceptance by the City. Upon
certified compliance with City engineering and utility standards, the City will issue
written notice of acceptance of developer installed utilities.
C. The developer hereby grants the City, its agents, employees, officers, and contractors
a license to enter the Plat to perform all work and inspections deemed appropriate by
the City during the installation of improvements. This license shall expire after the
Plat has been fully developed.
D. 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 of the Development shall be reseeded forthwith 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 seeds suitable to the existing soil to provide a
temporary ground cover as rapidly as possible. All see�ed areas shall be mulched and
disc-anchored, as necessary for seed retention. The parties recognize that time is of
the essence in controlling erosion. If the Plat 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. The
n:�c�ip�
Page 3 of 7
e
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 has incurred for such work within thirty (30) days of written notice, the City may
cause the development activities to cease and issue no further building permits until
Developer's obligation is met.
E. The Developer shall clean dirt and debris from streets that have resulted from
construction work by the Developer, its agents or assigns, within 24 hours after notice
by the City.
F. The Developer shall be responsible for the followin� development-related costs:
1. Except as otherwise specified herein, the Developer shall pay all costs incuned
by it or the City in conjunction with the development of the Plat including, but
not limited to, Soil and Water Conservation District char;es, legal, planning,
engineering; and inspection expenses incuned in connection with approval and
_ acceptance of the Plat, the preparation of this Agreement and all costs and
expenses incurred by the City in monitoring the inspectin� developmeat of the
Plat.
2. 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 incuned
resulting from Plat approval and development. 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
fe�s.
3. The Developer shall reimburse the City for any and all costs incurred in the
enforcement of this Agreement, including en�ineering and attorney's fees within
thirty (30) days after written notice of default and opportunity to cure.
4. The Developer shall pay or cause to be paid when due, and in any event before
any penalty is attached, all special assessments referred to in this Agreement.
5. The Developer shall pay in full all bills submitted to it by the City for
obliDations incurred under this Agreement within thirty (30) days after receipt.
If the bills are not paid on time, the City may halt Plat 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.
6. In addition to the charges and special assessments referred to herein, other
charaes and special assessments may be imposed such as, but not limited to,
sew•er availability charges ("S.A.C."), City water connection charges, City
sewer connection charges, City storm water connection charges, and building
permit fees.
7. The Developer shall pay all energy costs for street lights installed within the
Carrousel Plaza South development.
b:\CrslPlza
Page 4 of 7
G. No Certificates of Occupancy for the development shall be issued until: � �
1. All public utilities are tested, approved by the City Engineer, and in service.
2. 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.
4. Administrative Provisions.
A. The Developer represents to the City that to the best of-its knowledge, the Plat
complies with all City, county, metropolitan, state and federal laws and regulations,
zonin� ordinances, and environmental regulations. If the City determines that the Plat
does not comply, the City may, at its option, refuse to allow construction or
development work in the Plat until the Developer does comply. Upon the City's
demand, the Developer shall cease work until there is Compliance.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of
building permits, including lots sold to third parties. -
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Agreement.
D. If buildins permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and costs resulting in delays in
completion of public improvements and damage to public improvements caused by the
City, Developer, its contractors, subcontractors, materialmen, employees, agents, or
third parties. —
E. 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
writin�, signed by the parties and approved by written resolution of the City Council.
Tfie City's failure to promptly take legal action to enforce this Agreement shall not be
a waiver or release.
F. The Developer represents to the City to the best of its knowledge that the Plat is not
of "metropolitan significance" and that an environmental impact statement is not
required. If the City or another governmental agency determines that such a review
is needed, however, the Developer shall prepare it in compliance with legal
requirements so issued from the agency. The Developer shall reimburse the City for
atl expenses, including staff time and attorney's fees, that the City incurs in assisting
in the preparation of the review.
G. This A�reement shall run with the land and may be recorded against the title to the
property. After the Developer has completed the work required of it under this
Agreement, 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
b:\CrslPlzs
Page 5��f 7
. • '
arising, available to the City, at law or in equity, or under any other Agreement, arid
each and every right, power, and remedy herein set forth or otherwise so existing
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.
I. The Developer may not assign this Agreement without the written permission of the
City Council.
J. 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 followin� address: Carlson Properties of Rosemount, Box 69,
Rosemount, Minnesota 55068. 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: Rosemount City
Hall, 2875 145th Stre�t �Vest, Rosemocnt, MN 55068, Attn: City Administrator.
K. -Any amendments to this Agre�ment shall be in writing and executed by both parties.
L. This Agreement shall be governed by the laws of the State of Minnesota.
IN WITNESS WI3EREOF, the parties have hereunto set their hands the day and
year first above written.
CITY OF ROSEMOUNT
By. —
E.B. M �nomy„Mayor
/' /
S M. WaLs , City Clerk
CARI.SON PROPERTIES OF ROSEMOUN'f
,
� J /
�� c � �•�'
Ey:
Its � �
�
BY: L�� � �� /Va:,--YL��
Its
n:�c�tp�,
PaxC 6�r�
STATE OF MIM�JF'SOTA )
) SS
COUNTY OF DAKOTA )
�
The fore oing instrument was acknowledged before me this 3 U day
of 1�2.�y,rR�-2 . , 199�by E.B. McMenomy, Mayor, and Susan M. Walsh, 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.
�
L�-�-���—� �., �„%
Notary Public • ,,,..,�
ELUEL f. KNUT-'
- f��y; NOTART PUBUC-14'IR:: .
_ *''a� DAKOTA COU�'
-- _ My Comm ERp�re;N^:
' r.,.... .. .
STATE OF M�'rff'.SOTA )
) SS
CO[JiVTY OF D?►KOTA )
The fore oing ' strument was acknowledged before me this�C(� day
of ��`�'�-�'� , 199�.by ��I��C� � ��['�n 4 P�2.t1��, �and
.�j� 4 C3 � "��D� .�!�'T1J4,n , , Carlson
Properties of Rosemount, a Minnesota Corporation, on behalf of the partnership.
Notary Public
�M R. DAVIDSON
H�NE�PIN COU�yTA �
�h oornmras�on e�m�re� �_�ti�� •
Drafted By: -°---�.�..�.._.__.�...-
Mike Miles
Moynihan & Miles, P.A.
1303 South Frontage Road
Hastings, MN 55033
ti:�c�tei� -
Page 7 of 7