HomeMy WebLinkAbout9.a. Twin City Townhomes Concept Residential PUD - Lakeview Townhomes , - M CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COLJNCIL MEETING DATE: October 21, 1997
AGENDA ITEM: Twin City Townhomes, Inc. Concept AGENDA SECTION:
Residential Planned Unit Development- New Business
"Lakeview Townhomes"
PREPARED BY: Dan Rogness, Community Development Dir. AGENDA NO. �,Q ,
ATTACHMENTS: PC minutes&review (10-14-97), Site Plan APPROVED BY:
including grading, utilities and landscaping >
Applicant: Patrick Simons, Twin City Townhomes,Inc.
Location: Outlot A, Carrousel Plaza South,between the G.T.I.Movie Theater and Wachter
Lake
Property owners: Carlson Properties of Rosemount
Area in Acres: 10.9
Units/Density: 36 units @ 3.3 units per acre (5.9 units per acre excluding Wachter Lake)
Current Zoning: BP-3,Business Park
Requested Zoning: BP-4,Business Park
Comp. Guide Plan: Business Park
P C Recommendation: Approval with conditions (4-1)
SUMMARY
Patrick Simons representing Twin City Townhomes,Inc. is requesting concept approval for 36 townhomes a
portion of the outlot between the movie theater and Wachter Lake. If approved, the properiy will have to be
rezoned to BP-4, Business Park which allows attached and multiple housing through the Planned Unit
Development process.
On October 14, 1997, the Planning Commission conducted a public hearing as required. The only cornments
came from Mr. Simons and the property owner's representative. After considerable discussion, the Planning
, Commission determined that the residential use of the property was acceptable and that the access should occur
from the existing temporary driveway. Other items of discussion included snow removal in the movie theater
parking lot; storm water runoff to Wachter Lake(across the concept site); the cul-de-sac length and if the Fire
Marshall had any concerns. One of the Commissioners expressed a concern about how the Wachter property
(west of the pond)would develop and if access should be provided across the concept site. A motion to
recommend approval of the concept plan was passed(4-1) after the Commissioners were satisfied with the
answers to the above-mentioned issues. The dissenting Commissioner was dissatisfied with the overall design
of the concept plan.
Twin City Townhomes prefers the cul-de-sac as originally presented. However, given the Planning
Commission's preference for use of the existing private driveway, several alternatives have been sketched(and
provided herein).
RECOMMENDED ACTION: Motion to adopt a resolution approving the concept residential planned ',
unit development for Twin Cities Townhomes, Inc. with conditions. '',
COUNCIL ACTION: �'
' Planning Commission
, Regular Meeting Minutes
October 14, 1997
Page 2 ,
�scussions continued concerning land use along the railroad and a residential cros ver. Mr '
Pea n indicated the lots are 30 feet deeper than requirements to allow for the r ' road.
Commi 'oners feel buffering is necessary along the tracks and the County age.
MOTION by tinger to recommend that the City Council approve e final plat for Biscayne
Pointe subject to: djustments of lot lines as needed to elimina a lot depth variance for Lot 24,
Block 1 and lot width �ance for Lot 10, Block 2; 2) Payme of Park Dedication in the amount
of$30,600; 3) Incorporat of recommendations relative t drainage, easements,fees, grading,
rights-of-way, streets and uti 'es by the Public Works partment. Seconded by Droste. Ayes:
Tentinger, Droste, Weisensel, an eBettignies. Na . Shoe-Corrigan. Motion passed.
Chairperson Droste tabled Item S.A. to fo w e scheduled public hearings and recessed the
meeting at 6:55 for five minutes.
Public Hearin : Town & Co ntr Hom Rezonin
Chairperson Droste opened the pu ic hearing for the To & Country Homes Rezoning.
Mr. Pearson explained that, ile notices of this public hearing we mailed to surrounding
property owners, Rose nt Town Pages inadvertently failed to pub notice of the public
hearing. Therefore, . Pearson requested the public hearing be continue October 28, 1997.
Chairperson Dr te indicated no comments would be allowed and the public heari would be
continued to ctober 28.
MOT N by Droste to continue the public hearing on Town& Country Homes Rezoning to . 0
p. on October 28, 1997. Seconded by Tentinger. Ayes: Droste, Shoe-Corrigan, Weisensel,
eBettignies, and Tentinger. Nays: 0. Motion carried.
Public Hearing: Twin Citv Townhomes, Inc.
Chairperson Droste opened the public hearing for the Twin City Townhomes,Inc. Concept
Residential Planned Unit Development. The recording secretary has placed the Affidavit of
Publication and Affidavit of Maiting and Posting of a Public Hearing Notice on file with the City.
Mr. Pearson presented the concept plan for Twin City Townhomes, consisting of a 36 unit
townhome project, located between STH 3, Chippendale Avenue, Carrousel Way and Wachter
Lake. If the concept plan is approved, the developer will apply for rezoning to BP-3. The plan
consists of 2,3, and 5 unit buildings located along a 750' long cul-de-sac. Staff will recommend the
street be a private driveway due to the length of the cul-de-sac and separation of the units from the
street (18' form curb to front of building). The private street option will given the developer more
flexibility in house piacement. Screening along Chippendale Ave., the commercial property to the
north, and STH 3 is also appropriate. An issue with this plan is the private driveway long the
northern edge of the development which services the movie theater. There is redundancy by the
proposed driveway and the existing driveway. Mr. Pearson explained this second driveway into the
C
Planning Commission '
Regular Meeting Minutes
October 14, 1997
Page 3
theater was intended to be temporary. Commissioners were asked to determine if residential use is '
appropriate in this area.
Commissioners discussed the driveway issue and possible expansion of the theater.
Chairperson Droste opened the floor to the applicant. Patrick Simons appeared on behalf of Twin
City Homes. Mr. Simons provided more detail of the development plans, indicating the units will
have walkout or lookout basements, nvo-stall garages, and will be priced from $115,000-$140,000.
The townhouse association will be managed by a professional management company.
Chairperson Droste opened the floar to the public. There were no comments.
MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe-Corrigan,
Weisensel, DeBettignies,Tentinger, and Droste. Nays: 0. Motion carried.
Commissioners further discussed the issues of rezoning, the cul-de-sac, snow removal from the
theater parking lot and drainage.
Commissioner Tentinger stated he does not find the layout of the development appealing and is not
pleased with the concept plan. He feels the development should be pushed further south and the
temporary driveway to the theater should remain.
In response to Commissioners questions concerning the driveways, Mr. Litterer explained that !
Public Works recommends either/or, not both driveways. Mr. Simons indicated he felt the concept ,
plan could be revised to allow access from the northern driveway. '
Tom Heiberg, representing Carlson Companies, stated the agreement was for one access to the I
theater from Chippendale and mentioned the theater is making plans to expand.
MOTION b Droste to a rove the conce t for the Twin Cit Townhomes development subject to:
Y PP P Y
1) Replatting the cunent outlot as necessary for the development and the remaining vacant land; 2)
Rezoning the concept area to BP-4, Business Park which allows the residential PUD; 3)
Incorporation of recommendations by the Public Works Department relative to the driveway,
utilizing the existing driveway to Chippendale Ave. and whether this access should be a private
driveway or public street, grading, streets, utilities and associated development fees; 4) 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. Seconded by Weisensel. Ayes:
Weisensel, DeBettignies, Droste and Shoe-Comgan. Nays: Tentinger. Motion carried.
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� CITY OF ROSEMOUNT �'��'� � ���- � ,
' EXECUTIVE SUMMARY FOR ACTION �J �3~ /
Planning Commission Meeting Date: October 14, 1997
AGENDA ITEM: Twin City Townhomes, Inc. Concept AGENDA SECTION:
Residential Planned Unit Development Public Hearing
PREPARED BY: Rick Pearson, City Planner AGENDA NO. � • � •
ATTACHMENTS: Site, Grading & Utilities Plans, Floor APPROVED BY:
Plans, Perspective Sketch, Public Works
Memo, Correspondance, Draft Findings,
Carrousel Plaza South Development
Agreement
Applicant: Patrick Simons, Twin City Townhomes, Inc.
Location: Carrousel Plaza South between STH 3, Chippendale Avenue, Carrousel Way and
Wachter Lake.
Property Ownerls): Carlson Properties of Rosemount
Area in Acres: 10.9 acres
Units / Density: 36 units @ 3.3 units per acre (5.9 units per acre excluding Wachter Lake)
Comp. Plan Land Use Desig: Business Park
Current Zoning: BP-3
Requested Zoning: BP-4
SUMMARY
Patrick Simons of Twin City Townhomes has presented a concept for 36 Townhomes on
property located between the G.T.I. Movie Theater and Wachter Lake, east of Chippendale
Avenue. The property is zoned BP-3 Business Park which in this case is a transitional zoning
classification between commercial and residential districts. Rezoning to BP-4 will allow attached
and multiple housing with a Planned Unit Development.
The concept includes a 750 foot long cul-de-sac with access to Chippendale Avenue about 200
feet south of the driveway to the movie theater. The dwelling units are a minimum of 18 feet
from the curb of the proposed cul-de-sac. Staff will recommend that the street be a private
driveway because of the small building setbacks and the length of the street. The private
driveway/street allows for flexibility in the house ptacement. Two smalt clusters of six dwellings
each are arranged about two "stub" driveways. A conventional street with the typical sixty foot
right of way coupled with 30 foot front and rear yard setbacks would only allow a street with
houses lined up on either side.
Lastly, if the housing concept is acceptable, then the private driveway along the north edge of
the development for the movie theater is considered redundant for the area. The driveway was
originally intended to provide access from Chippendale Avenue to the entire Carrousel Plaza !,
South area. Since the driveway as built will not be utilized and is right on the northern proposed ',
property line, then it should be removed. Future access to the remaining parcel should occur ',
farther north along Chippendale Avenue or Carrousel Way. '
CONCLUSION
First of all, the Planning Commission should determine that residential uses are appropriate for
this property, given the location on the edge of the Gene�al Commercial District. The G.T.I.
, movie fiheater (expected to request approvat of an expansion) has the capacity to generate large
volumes of traffic especially on evenings, holidays and weekends. In essence, the southern
edge of the parking lot and the northern setback of the proposed housing will have to provide all
of the screening needed to buffer dissimilar land uses.
If the residential use is appropriate, then the driveway to Chippendale Avenue should be
examined. It then becomes partially redundant with the proposed cul-de-sac and the separation
between the cul-de-sac and driveway is less than the minimal standard.
Lastly, the development should meet the findings for PUD. The PUD will allow the use of a
private driveway in lieu of street in the development with setback reductions, assuming the ',
proposed development is preferable than what would be possibie with strict ordinance standards '
and a public street.
RECOMMENDED ACTION:
Motion to approve the concept for the Twin City Townhomes development subject to:
1 . Replatting the current outlot as necessary for the development and the remaining vacant
land.
2. Rezoning the concept area to BP-4, Business Park which allows the residential PUD.
3. Incorporation of recommendations relative to driveways, grading, streets, utilities and
associated development fees by the Public Works Department.
4. 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.
PLANNING COMMISSION ACTION:
DATE: 10-10-97
PUBLIC WORKS/ENGINEERING DEPARTMENT REVIEW FOR:
PROJECT NAME: Lakeview Townhomes CITY PROJECT NO. _
� Proposed By: Twin Ci�y Townhomes Phone Na 572-8872
1250 East Moore Lake Drive. Suite 200 Fax No.
Fridiey. MN 55432
Type of Request: Concep� PUD Review
The Following Conditions Must be Met for Approval of Final Plat
1. Execution of a subdivision agreement to secure public infrastructure and including recommendations
relative to grading, utilities, easements, right-of-ways, ponding, streets and public infrastructure
requirements as recommended by the Public Works Department;
2. Incorporation of recommendations relative to State Highway 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 52,530 per acre which is estimated at this time in the
amount of S 14,421, this arnount may be less due to ponding easement credit, (Based on 5.7
acres►; and
c. 1997 Geographic Information System iGIS} fees at S50 per lot/unit estimated at this time in the
amount of 51,500 (Based on 30 units).
The following is a �eview by the Public Works/Engineering Department for the Concept PUD of a preliminary site
plan and preliminary grading plan received by the Public Works/Engineering Department on September 4, 1997.
The utilities and streets, if the streets are to be public, will have to be done as a public improvement. The
Developer can also petition for the site grading to be done as a public improvement.
Grading/Drainaae Facilities/Water Resources
Wachter Lake (WP-P2443) has a HWL of 927A feet in the SWMP (2nd draft, 2/97). Show existing grading to at
least 200' north of the northerly property line.
Many slopes proposed to be constructed exceed the 4:1 (Horizontal:Vertical) maximum slope standard. The plans
show proposed berm grading in the Chippendale Avenue right-of-way. Grading in the Chippendale Avenue right-of-
way needs to be coordinated with Chippendale Avenue improvements which are scheduled to begin in the Spring
of 1998.
The two long and narrow ponding basins proposed to be constructed between the townhomes in the northerly part
of the site are undesirable. Try eliminating these two ponds and directing the runoff#o catch basins in the street. �
As much of the site as possible shall drain to the NURP pond with the remaining to the existing 48" storm sewer '
that flows directly into Wachter Lake. Catch basins will be required on the private street to collect runoff before ',
it drains into Chippendale Avenue right-of-way. The City is assuming tha# al1 proposed drainage facitities will be
private and the responsibility of a future home owner's association to maintain.
Lakeview Townhomes
g:1....\Ikviewrt.wpd Page 1 of 3
It shall be noted that catch basins are not allowed in unpaved areas and retaining walls are not allowed in
easements or right-of-ways. If necessary,d�ainage easement widths will be increased for increased overland flow.
An emergency overflow is required for all low points.
Sanitarv Sewer
Record drawings indicate an existing sanitary sewer manhole (invert elevation of 924.69') near the northwesterly
property comer of this site at the east right-of-way line of Chippendale Avenue. Most of the property east of
Chippendale Avenue and south of Carrousel Way, including the former bam site can be serviced by this existing
sewer. If the structures were slab on grade on the east side (north of the NURP basin) they would have to be at
a 938' or higher. This would still be about 8 feet lower than the south side of the GTI Theater parking lot. Prior
to preliminary plat approval the applicant shall demonstrate that sewer service can be provided to the entire site.
Future plan submittals shall show existing/abandoned drain fields and wells on this property and on adjacent
property.
11Natermain
A 16"trunk watermain connection is needed between the existing 16" watermain on Chippendale Avenue and the
existing 12" watermain on South Robert Trail (TH 3). The 12" trunk watermain on South Robert Trail will need
to be extended southerly from near the entrance to the bowling alley to the 16" trunk watermain (about 400'►.
The 16" trunk watermain will need to be bored and jacked under South Robert Trail and connected to the 12" trunk
watermain.
The trunk watermain work will be done in conjunction with this project. The Developer will be responsible for only
an 8" equivalent watermain as this is the minimum watermain diameter for residential property.
Streets
This review assumes that all streets constructed will be private. Concrete curb and gutter will be required along
all paved areas.
The street as shown is over the maximum length of 700' for cul-de-sacs.
Walks & Trails
An 8' wide bituminous trail will be constructed along the east side of Chippendale Avenue at the same time
improvements are made to Chippendale Avenue.
Easements & Right-of-Way,�
Fifty (50') feet of half right-of-way needs to be dedicated for future improvements to Chippendale Avenue. ,
If the street in the development is to be a public street, the street will then need a 60' right-of-way. j
Minimum utility easement widths are 20' or twice the depth to the invert of the pipe, whichever is greater. Existing '
easement widths may increase if they do not meet minimum widths required or site grading increases their depth. 'i
MnDOT needs to review all plats and construction adjacent to and within their easements and right-of-ways. II
MnDOT approval and permits will be required for construction work in State Highway 3 right-of-way. �
Lakeview Townhomes
g:\....\Ikviewr1.wpd Page 2 of 3
Priv 'li i I
Uti t es
This area will be provided electrical power by Northern States Power, phone service by Frontier Communications, ''
gas service by Peoples Natural Gas, and cable television by Marcus Cable.
Street lights will be provided by the developer as determined by the City and Northem States Power. A shoe box
style street light will be requested at the street intersection with Chippendale Avenue besides the normal street
light installations. ',
Construction �
The City has adopted a policy for the public construction of all future publicly owned facilities. The Developer has ',
the choice of City financing or private financing of these improvements per the adopted policy. A petition can be
obtained from the Public Works Department. ,
& A m n
Fees ssess e ts
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 52,530 per acre which is estimated at this time in the '
amount of 514,421, this amount may be less due to ponding easement credit, (Based on 5.7 '
acres); and ',
c. 1997 Geographic Information System (GIS} fees at S50 per lot/unit estimated at this time in the '
amount of 51,500 (Based on 30 unitsl. '
The preliminary payment for future improvements to Chippendale Avenue is based on the 1997 multi-family '
residential rate of half a street at S53.20 per foot for 307 lineal feet. It also includes 510 per lineal foot for future
trail construction on Chippendale Avenue.
Lakeview Townhomes
g:\....\Ikviewr1.wpd Page 3 of 3
__
__
FINDINGS for Planned Unit Development concerning the Twin City Townhomes Inc.
Proposal for Carrousel Plaza South
In approving the Concept Plan, the Planning Commission must find as follows and forward its
findings to the City Council.
1. The Plan provides sufficient open space and evidences a substantial preservation of
natural features to warrent the granting of variances through Planned Unit Development.
The Developer has purchased 4.8 acres of Wachter Lake which forms the south eastern edge of
the development and will include recreational site amenities.
2. The Plan complies with the intent of the Comprehensive Guide Plan.
Attached and Multiple residential uses are allowed by PZID in the BP-4 Business Park District
which is consistent with the Business Park tand use designation.
3. The proposed development will not be detrimental to surrounding properties.
Site improvements including landscape screening within the perimeter setback areas may be
suff cient to buffer dissimilar land uses.
4. The Plan is more creative and will provide a better living,working or shopping
environment than is possible under strict ordinance requirements.
The 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.
Twin City Townhomes, Inc.
-Harstnd Quality and Design Since 1959-
1250 EAST MOORE LAKE DRIVE,SUITE 200,FRIDLEY,MN 55432 220-9000
Patrick S. Simons
Vice President, Develapment
City Of Rosemaunt 24 September 1997
Attn: Mr. Richard Pearson
2875 145th Street West
Rosemount, MN 55068
Re: Request for Concept Review of Lakeview Townhomes.
Twin City Townhomes, Inc. is proposing a new neighborhood of 36 townhomes east of
Chippendale Avenue just south of the new cinema. The proximity to shopping and entertainment
makes this a desirable locatian for the proposed townhomes. They are to be owner-occupied
only - not rented.
The floorplan is nearly 1,200 square feet on the main floor. Many units will have walk-out
basements while others will have look-out and full, window basements. All units will have
attached two-car garages, a private front door, and a rear deck.
All units are designed and built to meet the Federal Fair Housing Act accessibility requirements
meaning that with some modification any unit can be made handicapped accessible.
They are carefuIly designed for happier home life with extra space and extra storage, appealing
architectural details,professionally designed landscaping, and maintenance-free exteriors. The
neighborhood will be professionally landscaped with sod and an automatic irrigation system.
The homeowner's association will maintain exteriors, landscaping, and the proposed Catherine
Lane by a contracted, professional management company. Snow removal will also be performed
by the professional management company.
Each townhome will have a master suite on the main floor. Optional basement finishing adds a
guest bedroom, bath, and recreation room. All appliances are included in the price. The base
price will begin at about$115,000 with options and lot premiums bringing some units near
$140,000.
The berming along Chippendale and the extensive landscaping along the north and east property
lines will create a secluded neighbarhood. The proposed Catherine Lane has been designed with
gentle curves,maple, ash, and crabapple trees providing an attractive streetscape. Building types
are varied with some twins, some three unit, and some five unit configurations.
Additionally,a quiet and private internal park area with benches intended for the exclusive use of
residents will be provided. Leading from the private park area will be a bituminous path winding ,
1 of 2
down to benches in the tranquil area between the pond and lake. About one third of the units will
have direct views of the lake area.
We have now built and sold hundreds of townhomes, and every time the buyers of our single
level townhomes have typically been 70%retired or "empty-nester" and 30% single
professionals in their 30's and 40's. There will likely be under two persons per townhome on
average, and likely very few children if any.
2of2
Twin City Townhomes, Inc.
-Hc�rstad Quality aud Design Since 1959-
1250 EAST MOORE LAKE DRIVE,SUJTE 200,FRIDLEY,MN 55432 220-9000
im n
Patrick S o s
1 October 1997
Hi.
We are about to ask the Planning Commission and City Council of Rosemount to approve a new
neighborhood of townhomes on the land which is east of Chippendale Avenue just south of the
new cinema. I would like to invite you, along with all the other owners of neighboring property,
to an informal preview and discussion of our proposal. I want to show it to you first.
Our proposal is for 36 single-level townhoines with floor plans similar to those we're finishing in
our new neigliborhoods in Spring Lake Park and Coon Rapids. They are to be owner-occupied
only - not rented.
The floorplan is nearly 1,200 square feet on the main floor. Many units will have walk-out
basements while others will have look-out and full,window basements. AlI units will have
attached two-car garages, a private front door, and a rear deck.
They are carefully designed for happier home life with extra space and extra storage, appealing
architectural details, professionally designed landscaping, and maintenance-free exteriors. The
neighborhood will be professionally landscaped with sod and an automatic irrigation system.
The homeowner's association will maintain exteriors, landscaping, a.ud the proposed Catherine
Lane by a contracted,professional management company.
Each townhome will have a master suite on the main floor. Optional basement finishing adds a ''
guest bedroom, bath, and recreation room. All appliances are included in the price. The base
price will begin at about$115,000 with options and lot premiums bringing some units near
$140,000.
We have now built and sold hundreds of townhomes, and every time the buyers of our single
level townhomes have typically been 70% retired or "empty-nester" and 30% single
professionals in their 30's and 40's. There will likely be under two persons per townhome on
average, and likely very few children if any.
I invite you to �review our proposal in Room 212 at the Rosemount Community Center on
Tuesday evening, the 7"' of October at 7:00 PM.
See you thcn!
�
� � �
Patrick S. Simons
(Phone: 572-8872)
I
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Development Agreement
CARROUSEL PLAZA SOUTH
i�'`t�
THIS AGREEMEIv�i' dated 2`i 7�+ day of D�c,F����:r�- ,�,'by and
between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and C�RLSON
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�totlsEL P[.az� SOu'rH (also referred to in this agreement as the
"plat"). The land is legally described as follows:
Lots 5 and 6, Block 3, SOUTH ROSE PARK ADDITIOIY REPLAT, according to the
recorded plat thereof, Dakota County, Minnesota; except that part of said I.ot 5
lying within 1�inDOT right-of-way Plat No. 19-79.
-AND -
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 Park Addition Replat into
two parcels, a lot and an outlot, which will comprise the Carrousel Plaza South addition.
The lot, described as Lot l, Block 1, Carrousel Plaza South, shall be comprised of 8.68
acres. The outlot, described as Outlot A, shall be 8.3307 acres and may be further
subdivided in the future.
2. Speci�c Conditions of An._provaL The City, through this Agreement, 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. The City will participate with
funding not to exceed $4.000 as its share of necessary ineremental oversizing of storm
sewer utilities and the NURP Pond, plus the City shall bear the cost for inspection of
said stonn sewer system and Pond.
B. Developer agrees to the extension of the existing storni drain system located in the
southwest portion of Lot l, as approved by the City Engineer, 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 L,ot 1 in accordance with mandated Metropolitan Council policies.
fi:�.c��iPiZ�
Pxge I „t 7
D. Developer shall dedicate land for ponding areas at or below existing elevations of
929.5 feet or regrading to maintain an equivalent volume of stonn 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 1.
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 af $9,554.38 as a park dedication fee for
development of Lot 1 of Carrousel Plaza South.
I. Public vehicular access to Carrousei 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 forth 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 agreed to
in writing by the City and the Developer. Thereafter, notwithstanding anything in
this Agreement to the contrary, to the full extent permitted by state law, the City may
require compliance with any amendments to the City's Comprehensive Guide Plan, f
official controls, platting, or dedication requirements enacted after the date of this i
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;
h:.c«iPiZ�
Pa�r 2 uf 7
7. Street Lig hts;
8. Sidewalks and Trails,
9. Street Signs;
10. Setting of Lot and Block Monwnents;
11. Surveying and Staking of Work to be Perfonned 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 constniction. The Developer shall instruct its engineer 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 constniction
work meets the approved City standards as a condition of City acceptance. In
addition, the City will monitor the Developer's inspector regarding the constniction
work necessary to insure compliance with City standards. The Developer or its
engineer shall schedule a preconstruction meeting at a mutually agreeable time at the
City Council chambers with all the parties concerned, including City 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 worl:manship 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 perforrn 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 pian, Plan B, shall be implemented, inspected,
and approved by the City. All areas disturbed by the excavation and baekfilling
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 seedeci 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 devel��ment does not coinply with the
erosion control plan and schedule or supplementary instnictions received from the
City, the City may take such action as it deems appropriate tv control erosion. The
h:`,CrslPlza
Pare 3 �,f 7
L
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 pern�its 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 abents or assigns, within 24 hours after notice
by the City.
F. The Developer shall be responsible for the following develop�nent-related costs:
1. Except as otherwise specified herein, the Developer shall pay all costs incurred
by it or the City in conjunction with the development of the Plat including, but
not limited to, Soil and Water Conservation District charges, legal, planning,
engineering; and inspection expenses incurred in connection with approval and
acceptance of the Plat, the preparation of this Agreement and all costs and
expenses incurred by the City in monitoring the inspecting development 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 incurred
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
fees.
3. The Developer shall reimburse the City for any and all costs incuned in the
enforcement of this Agreement, including engineering 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
obligations 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
charges and special assessments may be imposed such as, but not limited to,
sewer 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.
h:�CrsiPlza
PN�C 4��t�I
G. No Certificates of Occupancy for the d�velopment shall be issued until:
1. All public utilities are tested, approved by the City Engineer, and in service.
2. The Developer, in executing this Agreen�ent, assuntes all liability and costs for
damage or delays, incuned by th� 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,
zoning ordinances, and environmental reeulations. 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 A�reement by the Developer sha11 be grounds for denial of
building permits, including lots sold to third parties.
C. If any portion, section, subsection, sentence, clause, para'raph 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 building permits are issued prior to the completion and acceptance of public I
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 actiorr or inaction of the City shall not constitute a waiver or amendment to the
provisians of this Agreement. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City CounciL
The City's failure to promptly take legal action to enforce this Agreement shall not be
a waiver or release.
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 detennines 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
all expenses, including staff time and attorney's fees, that the City incurs in assisting
in the preparation of the review.
G. This Agreement shall run with the land and may be recorded against the title to the
property. After the Developer has compieted 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, �x�ress or implied, now or hereafter
h;`:CrslPlza
Pxge 5 „f 7
arising, available to the City, at law or in equity, or under any other Agreement, and
each and every right, power, and remedy herein set forth or otherwise so 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 nght to exercise at any time
thereafter any other right, power, or remedy.
I. The Developer may not assign this Agreement without the written pennission 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 following address: Carlson Properties of Rosenlount, Box 69,
Rosemount, Minnesota 55068. Notices to the City shall be in writinQ and shall be
either hand delivered to the City Ad�r►inistrator 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 ��est, Rosemount, MN 55468, Attn: City Administrator.
K. Any a�endments to this Agreement 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 WHEREOF, the parties have hereunto set their hands the day and
year first above written.
CITY OF ROSEMOUNT
By:
E.B. M enomy„Mayor
�
• Sus M. Wa/ , City Clerk
CARI.SON PROPERTIES OF ROSEMOUNT
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,
STATE OF IVIINNESOTA )
) SS
COUNTY OF DAKOTA )
��
The foreaoing instniment was acknowledged before me this :3�% day '
of__'17��-��„�/�t, , 199�by E.B. McMenomy, Mayor, and Susan M. Walsfi�, 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
,
�f'C.c.fi, - -.rx� �1,.;%�
Notary Public • ,,,,,,.._..� �
s��.., Ellifl F. KNUT"
i�'�f NOTARY PUBLlC-7,:!P '
��+'�� DAKOTA COU"
Mr Comm faD�r>;r:-: '
� . - �YdWV J`.r��... . o
STATE OF MINNESOTA )
� SS
COUNTY OF DAKOTA )
� � The fore oing ' strument was acknowledged before me this%�C1� day
of :..t.�?�'��'`. , 194�,by �_L�Cr C� �.L.' C,��n �p�Z�7�, �i�-and
��n� C7 � �,�t'`�� ��'Tl��,�� , , Carlson
Properties of Rosemount, a Minnesota Corporation, on behalf of the partnership.
, �� ;
Notary Public
�1 R. DAVID30N
H�NE'PIN COUNTYTA '
�Y c�missbn exolr=� �_��^. •
Drafted By: "�^��-�-�-- - _
Mike Miles
Moynihan & Miles, P.A.
1303 So��th Frontage Road
Hastings, MN 55033
h:\CrslPiza
PNgC��)Y 7
EYHIBIT A • •
z�� o osemoun�
PHONE �6t2)a234a11 2975- '45th Street Wes:. Rosemount. 'dmnesota MAYOfi
FAX (612)423-5203 Maiiing Aadress. Eowartl 8. McMenomy
PO. Box 510.Rosemount. 4linnesota�5068-05�0 COUNCILMEIABERS
� Sheda Klassen
C^�`�r�A A�^ James(Aed)Staats
.
C � ��� C Harry W�Ilcox
. Oennis Wippermann
STATE OF MINNESOTA � ADMINISTRATOR
�.'OLIN'TY OF DAKOTA � SS scephan��ik
CITY OF ROSEMOUNT )
I, Susan M. Walsh, duly appointed, acting and qualified City Clerk of the City of
Rosemount do hereby certify that I have examined the City of Rosemount Plannin�
Commission records and the Minutes Book of said Planning Commission for the
meeting of November 23, 1993 and hereby certify that the following excerpt from
that meeting is a true and correct copy of the proceedings relating to formal
approval of the Guetschoff Theaters, Inc. site plan for Lot 1, Block 1, Carrousel
Plaza 5outh:
Planning Commission
REGULAR �IEETING MINUTES -NOVEhIBER 23, 1993
Pursuant to due call and notice thereof the Re�ular Meeting of the Planning Commission was
duly held on Tuesday, November 23, 1993 at 5:00 p.m. Chairperson Busho called the meeting
to order with members DeBettignies, Droste, and Ingram present. Also present was Interim
City Administrator Ron Wasmund and Assistant Planner Rick Pearson.
NIOTION by Droste to approve the site plan for Guetschoff Theaters, Inc. subject to: 1)
approval of preliminary and final plats for the parcel to be occupied by the thzater and filing of
th� final plat at the Dakota County Recorder's office; 2) rezonin� of the parcel to G4 General
Commercial; 3) separate site ptan review and approval will be required for future expansion af
the theater; 4) revisions to the site plan expanding the driveway widths from 24- to 32-foot
sections, moving the service drive south ten (10) feet, expanding it fouc�teen (14) fe�t wide and
adding a turnaround; 5) revisions to the site plan reducing conflicts between vehicle parking
movements and traffic lanes; 6) revisions to the landscape plan to eliminate conflicts with trees
and light poles and plantings within site triangles at intersections; 7) expansion of pedestrian
sidewa(ks for door opening clearance; 8) no flashing signs will be allowed unless a Zoning
Ordinance Text Amendment to the Sign Ordinance is approved; 9) approval of the grading and
storm sewer plan by the city engineer; l0) preservation of the existing evergreen trees along the
northerly propeRy boundary; 1 1) landscape security in the amount of$19,000.00 per Section
8.3(6) of Ordinance B - City of Rosemount Zoning Ordinance; 12) conformance with aA
applicable building and fire codes; and l3) provision of a sidewalk along Carrousel Way.
Second by Ingram. Ayes: Droste, Busho, Ingram, DeBetti�nies.
IN WITIYESS WFIEREOF, I have hereunto set my hand and af�xed the seal of said City this
29th day of December, 1993.
_ �
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Susau M. `rValsh
City Cle;'.c
City ot� Rosemoun�
Dakota Ci,unty, 1l�Iinnesota
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CITY OF ROSEMOUNT
DAKOTA COUNTY,MINNESOTA
RESOLUTION 1997-
A RESOLUTION APPROVING
THE CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT
FOR TWIN CITY TOWNHOMES,INC.
WHEREAS,the Planning Department of the City of Rosemount received an application from
Twin City Townhomes, 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:
l. Execution of a subdivision agreement 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 Highway 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$19,402.;
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 lot/unit estimated at this
time in the amount of$1,500 (based on 30 units).
4. Replatting the current outlot as necessary for the development and the remaining vacant
land.
..
Resolution 1997-
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 21st day of October, 1997 by the City Council of the City of Rosemount.
Cathy Busho,Mayar
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
r
CITY OF ROSEMOUNT
DAKOTA COUNTY,MINNESOTA
RESOLUTION 1997-
A RESOLUTION APPROVING
THE CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT
FOR TWIN CITY TOWNHOMES, INC.
WHEREAS,the Planning Department of the City of Rosemount received an application from
Twin City Townhomes, 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 ofRosemount 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 far Twin City Townhomes, Inc.,
subject to:
1. Execution of a subdivision agreement 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 Highway 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$19,402.;
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 lot/unit estimated at this
time in the amount of$1,500 (based on 30 units).
4. Replatting the current outlot as necessary for the development and the remaining vacant
land.
e
Resolution 1997-
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 II
fee schedule in effect at the time of final planned unit development and platting approval. I
ADOPTED this 21st day of October, 1997 by the City Council of the City of Rosemount. ',
Cathy Busho,Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent: