HomeMy WebLinkAbout6.b. Shannon Pond East Final Plat and Rezoning CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: July 2, 1996
AGENDA ITEM: Shannon Pond East Final Plat & AGENDA SECTION:
Rezoning New Business
PREPARED BY: Rick Pearson, Assistant Planner AGENDA #.µ /
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ATTACHMENTS: Final Plat, Resolution, Ordinance, Draft APPROVED BY:
Development Agreement
Mr. Jim Allen of Hampton Development is requesting final plat approval of the first phase of the
38 acre development east of Shannon Parkway and north of 160th Street West. The first
phase consists of 40 single family residential detached lots. The property should also be
rezoned to R-1, Single Family Residential Detached.
On May 28, 1996, the Planning Commission discussed the final plat and recommended
approval. Minor modifications to the final plat will occur based upon the recommendations by
the Public Works Department. Outlot A (a ponding area) will be absorbed by the adjacent lots.
This will result in larger building pads and eliminate several variances.
RECOMMENDED ACTION: Motion to adopt a resolution approving the final plat for
Shannon Pond east: and,
Motion to adopt an ordinance rezoning Shannon Pond East to
R-1, Single Family Detached Residential
COUNCIL ACTION:
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City of Rosemount
Ordinance No B-
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
Shannon Pond East Addition
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Ordinance B, adopted September 19, 1989, entitled City of Rosemount
Zoning Ordinance is hereby amended to rezone from AG Agriculture to R-1 Single-Family
Detached Residential the following described property located within the City of Rosemount,
Minnesota to-wit:
That part of the Southwest Quarter of the Southeast Quarter (SW1/4 of SE1/4) of
Section 31, Township 115, Range 19, Dakota County, Minnesota, lying easterly of the
easterly right-of-way line of Shannon Parkway. Excepting therefrom the south 16.0
rods of the east 10.0 rods.
Section 2. The Zoning Map of the City of Rosemount, referred to and described in said
Ordinance No. B as that certain map entitled Zoning Map of the City of Rosemount shall not
be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said
zoning map on file in the Clerk's office for the purpose of indicating the rezoning hereinabove
( provided for in this Ordinance and all of the notation references and other information shown
thereon are hereby incorporated by reference and made a part of this Ordinance.
Section 3. This ordinance shall be effective immediately upon its passage and
publication according to law.
ENACTED AND ORDAINED into an Ordinance this 2nd day of July, 1996.
CITY OF ROSEMOUNT
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Published in the Rosemount Town Pages this day of , 1996.
If
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1996-
A RESOLUTION APPROVING THE FINAL PLAT FOR
SHANNON POND EAST ADDITION
WHEREAS,the City Council of the City of Rosemount approved the Shannon Pond East Addition
preliminary plat on June 6, 1995; and
WHEREAS,the City of Rosemount has received an application for approval of the Shannon Pond
East Addition final plat; and
WHEREAS,the final plat is in conformance with the approved preliminary plat; and
WHEREAS, on May 28, 1996, the Planning Commission of the City of Rosemount reviewed the
final plat and has recommended approval of the Shannon Pond East Addition final plat subject to
conditions.
NOW,THEREFORE,BE IT RESOLVED,the City Council of the City of Rosemount hereby
approves the Shannon Pond East Addition final plat subject to:
1. incorporation of recommendations relative to grading, utilities and
drainage/utility/ponding easements identified by the Engineering Department;
2. payment of park dedication in the form of cash contribution and G.I.S. fees at the rate
established by the current fee resolution; and
3. execution of this Subdivision Development Agreement.
ADOPTED this 2nd day of July, 1996.
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Second by:
Voted in favor:
Voted against:
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Develo p ment Contract
SHANNON POND EAST ADDITION //
AGREEMENT dated this day of , 1996, by and between the CITY OF
ROSEMOUNT, a Minnesota municipal corporation, ("City"), and HAMPTON DEVELOPMENT
Corporation, a Minnesota Corporation, (the "Developer").
1. Request for Plat A pp roval. The Develo p er has asked the City to approve a plat of land to
be known as SHANNON POND EAST ADDITION (also referred to in this contract as the "plat").
The land is legally described as follows:
That part of the Southwest Quarter of the Southeast Quarter(SW1/4 of SE1/4)of Section 31,
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Township 115,Range 19,Dakota County,Minnesota,lying easterly of the easterly right-of-way
line of Shannon Parkway.Excepting therefrom the south 16.0 rods of the east 10.0 rods.
2. P.U.D. Approval. The City has approved the Shannon Pond Planned Unit Development by
resolution 1995-33.
3. Conditions of Plat Approval. The City hereby approves the plat on condition of 1)
incorporation of recommendations relative to grading, utilities and drainage/utility/ponding
easements identified by the Engineering Department; 2) payment of park dedication in the
form of cash contribution and G.I.S. fees at the rate established by the current fee resolution;
and 3) execution of this Subdivision Development Agreement.
4. Phased Development. The City may refuse to approve final plats of subsequent additions of
the plat if the Developer has breached this Contract and the breach has not been remedied.
Development of subsequent phases may not proceed until Development Contracts for such
phases are approved by the City.
5. Effect of Subdivision Approval. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or affect the use, development
density, lot size, lot layout or dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Contract 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
Contract.
6. Development Plans. The plat shall be developed in accordance with the following plans.
The plans shall not be attached to this Contract. With the exception of Plan A, the plans may
be prepared, subject to City approval, after entering the Contract, but before commencement
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of any work in this plat. If the plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A -- Plat
Plan B -- Soil Erosion Control Plan and Schedule
Plan C -- Drainage and Storm Water Runoff Plan
Plan D -- Plans and Specifications for Public Improvements
Plan E -- Grading Plan and House Pad Elevations
Plan F -- Street Lights
7. Improvements. The Developer shall install or cause to be installed and pay for the
following:
A. Sanitary Sewer
B. Water
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Boulevard Sod
G. Street Lights
H. Sidewalks and Trails
I. Street Signs
J. Setting of Lot and Block Monuments
K. Surveying and Staking of work required to be performed by the Developer
L. Gas, Electric, Telephone Lines, and Cable Lines
The City shall reimburse the Developer for core facilities that the Developer installs at the
difference between core and lateral costs as determined by the City Public Works Director
and approved by the Utility Commission. The improvements shall be installed in accordance
with City standards, ordinances and plans and specifications which have be 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 Minnesota
Pollution Control Agency (MPCA), Minnesota Department of Health (MDOH), and other
agencies before proceeding with construction. The City shall provide field inspection to
ensure 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. The Developer or his 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 improvements and before the security is released, the
Developer shall supply the City with a complete set of reproducible "Record Plan" drawings.
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8. Security. To guarantee compliance with the terms of this Agreement, payment of the costs
of all public improvements and construction of all public improvements, the Developer shall
furnish the City with a cash escrow or irrevocable letter of credit from a bank ("security") for
$401,268.00. The amount of the letter of credit was calculated as follows:
Sanitary Sewer 47,300.00
Sanitary Sewer Services 16,000.00
Water Main 43,900.00
Storm Sewer 100,000.00
Street & Trail Construction 106,000.00
Street Lights 9,000.00
Concrete Sidewalk 19,000.00
SUBTOTAL $341,200.00
Construction Engineering, plus 4% $47,768.00
SUBTOTAL $388,968.00
Survey Monuments $ 4,100.00
Landscaping 8,200.00
TOTAL $401,268.00
The bank and form of the letter of credit shall be subject to the approval of the City
Administrator. The letter of credit shall be for a term ending December 31, 2006. In the
alternative, the letter of credit may be for a one (1) year term provided it is automatically
renewable for successive one year periods from the present or any future expiration dates
with a final expiration date of December 31, 2006, unless sixty (60) days prior to an
expiration date the bank notifies the City that it elects not to renew for an additional period.
The letter of credit shall secure compliance with the terms of this Contract and all financial
obligations of the Developer under it. The City may draw down on the letter of credit
without notice upon receiving notice that the letter of credit will be allowed to lapse before
December 31, 2006. In the event of a default under this Development Contract by the
Developer, the City shall furnish the Developer with written notice by certified mail of
Developers default(s) under the terms of this Development Contract. If the Developer does
not remove said default(s) within two (2) weeks of receiving notice, the City may draw on
the letter of credit. With City approval the letter of credit may be reduced once per year as
financial obligations are paid and public improvements are completed to City's requirements.
9. Time of Performance. The Developer shall install all required improvements enumerated in
Paragraph 7 which will serve the plat by July 31, 1997. The Developer may, however,
request an extension of time to the City. If an extension is granted, it shall be conditioned
upon updating the security posted by the Developer to reflect cost increases and the extended
completion date.
10. Grading Plan/Site Grading. The Developer shall submit to the City a site grading and
drainage plan for the entire plat acceptable to the City showing the grades and drainage for
each lot prior to installation of the improvements. Site grading shall be completed by the
Developer at its cost and approved by the City Public Works Director. Developer shall
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furnish the City Public Works Director satisfactory proof of payment for the site grading
work and shall submit a certificate of survey of the development to the City after site
grading, with street and lot grades. All improvements to the lots and the final grading shall
comply with the grading plan as submitted and shall be the responsibility of the Developer.
All basement and/or foundation excavation spoil piles shall be kept completely off City right-
of-way and shall be completely surrounded with an approved erosion control silt fence. The
City also requires that approved erosion control fencing be installed around the perimeter of
each lot at the time of building permit issuance and remain in place until the lot is seeded or
sodded. A twenty-foot rock construction entrance (per Best Management Specifications) will
be allowed on each lot for construction deliveries.
11. License. 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 public improvements by the City. The license shall
expire after the plat has been developed.
12. Erosion Control. Prior to site grading, and before any utility construction is commenced or
building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected
and approved by the City. All areas disturbed by the excavation and backfhling operations
shall be reseeded within 72 hours after the completion of the work in that area. Except as
otherwise provided in the erosion control plan, seed shall be rye grass or other fast-growing
seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible.
Sod is required on all slopes greater than ten percent (10%) gradients or as directed by the
city engineer. Selected lots and or building permits may contain a clause which requires
complete or substantial yard sodding prior to issuance of Occupancy Permits. All seeded
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,
including those provisions listed in paragraph 10. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect
the Developer's or City's rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within thirty (30) days, the
City may draw down the letter of credit to pay any costs. No development will be allowed
and no building permits will be issued unless the plat is in full compliance with the erosion
control requirements.
13. Planting and Seeding. Prior to the City allowing occupancy, the Developer shall plant one
(1) two-inch caliper deciduous tree on each street frontage of each lot and the Developer shall
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also sod the boulevards, all at its own cost. The developer shall plant 43 Black Hills or
Colorado Spruce on lots fronting Shannon Parkway. The spruce shall be 6 feet high from the
top of the root ball and planted on 12 feet centers.
14. Clean up. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, its agents or assigns. The City will inspect the site on a
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weekly basis and determine whether it is necessary to take additional measures to clean dirt
and debris from the streets. After the Developer has received 24 hour verbal notice, the City
will complete or contract to complete the clean-up at the Developer's expense, as per the
conditions under Paragraph 12.
15. Ownership of Improvements. Upon completion and City acceptance of the work and
construction required by this Contract, the public improvements lying within public rights-of-
way and easements shall become City property without further notice or action.
16. Warranty. The Developer warranties all work required to be performed by it against poor
material and faulty workmanship for a period of two (2) years after its completion and
acceptance by the City. All trees, grass and sod shall be warranted to be alive, of good
quality and disease free for twelve (12) months after planting. The Developer shall post
maintenance bonds or other security acceptable to the City to secure the warranties.
17. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or
the City in conjunction with the development of the 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 Contract, and all costs and expenses incurred by the City in monitoring and
inspecting development of the plat, and the enforcement of this contract.
B. The Developer shall hold the City and its officers and employees harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from
plat 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.
C. 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 Contract. This is a personal
obligation of the Developer, Hampton Development Corp., and shall continue in full
force and effect even if the Developer sells one or more lots, the entire plat, or any part
of it.
D. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract 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. Bills not paid within thirty (30) days shall
accrue interest at the rate of nine percent (9%) per year.
E. 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
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charges ("S.A.C."), City water connection charges, City sewer connection charges, City
storm water connection charges and building permit fees.
F. The Developer shall pay all energy costs for street lights installed within the Shannon
Pond East Addition until seventy-five percent (75%) of the lots are occupied. After that,
the City will assume the energy costs.
G. The Developer shall be reimbursed for the cost of sidewalk or trail construction outside
the plat by the City.
H. The cost of trail development along 160th Street shall be escrowed for future construction
at the time of the 160th Street reconstruction project.
18. Building Permits. No building permits shall be issued until:
A. The site grading has been completed and approved by the City and erosion control
measures are in place for each lot.
B. All public utilities must be tested, approved by the City Engineer, and in service. All
curbing must be installed and backfilled, the first lift of bituminous must be in place and
approved by the City.
C. The City Public Works Director has certified that the timetable for construction of public
improvements is compatible with private home construction and occupancy.
D. The Developer, in executing this Agreement, assumes all liability and costs for damage
or delays, incurred by the City, in the construction of public improvements, caused by
the Developer, its employees, contractors, subcontractors, materialmen or agents. No
occupancy permits shall be issued until the public utilities referred to in paragraph 7 are
in and approved by the City, unless otherwise authorized in writing by the City Public
Works Director.
19. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the
Developer is first given notice of the work in default, not less than 48 hours in advance.
This Contract is a license for the City to act, and it shall not be necessary for the City to seek
a court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
20. Miscellaneous.
A. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state and federal laws and regulations including, but not limited to:
subdivision ordinances, zoning ordinances and environmental regulations. If the City
determines that the plat does not comply, the City may, at its option, refuse to allow
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1
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. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract
is for any reason held invalid, such decision shall not affect the validity of the remaining
portion of this Contract.
E. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and costs resulting in delays in
completion of public improvements and damage to public improvements caused by the
City, Developer, its contractors, subcontractors, materialmen, employees, agents or third
parties. No occupancy permit shall be issued until public improvements in paragraph 7
are in and approved by the City.
F. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. 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 Contract shall not be a waiver or
release.
G. 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 all expenses, including
staff time and attorney's fees, that the City incurs in assisting in the preparation of the
review.
H. This Contract 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 Contract,
at the Developer's request, the City will execute and deliver to the Developer a release.
I. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to the City, at law or in equity, or under any other agreement, and each
and every right, power and remedy herein set forth or otherwise so 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.
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J. The Developer may not assign this Contract without the written permission of the City
Council.
K. The City assumes no responsibility for the design, construction, maintenance, or
longevity of developer installed retaining walls.
21. Notices. Required notices to the Developer shall be in writing, and shall be either hand
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delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address: Hampton Development Corporation, 12433 Princeton
Avenue, Savage, Minnesota 55378. 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 Street
West, Rosemount, MN 55068. Attention: City Administrator.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
CITY OF ROSEMOUNT
BY:
Cathy Busho, Mayor
BY:
Thomas D. Burt, Deputy City Clerk
HAMPTON DEVELOPMENT CORPORATION
BY:
Its
BY:
Its
STATE OF MINNESOTA )
SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of_
, 1996, by Cathy Busho, 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.
Notary Public
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STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of_
, 1996, by and
, Hampton Development Corporation, a Minnesota Corporation, on behalf of the partnership.
Notary Public
DRAFTED BY:
City of Rosemount
2875145th Street West
P.O. Box 510
Rosemount, MN 55068-0510
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