HomeMy WebLinkAbout9.d. Shannon Pond 2nd Addition, Final Plat & Development Contract � City of Rosemount
Executive Summary for Action
City Council Meeting Date: April 5 1994
Ageada Item: Shannon Pond Second Addition: Agenda Sectioa: �
Final Plat OLD BUSINESS
Prepared By: Richard Pearson , Ageada No:
Assistant Planner ± ��C1��! � � �
�
CtU�
Attachmeats: Resolution; Development Approved By:
Agreement; Final Plat; P.C.
Reviews.
Mr. James Allen and Mr. Gary Bergquist of Hampton Development
Corporation are requesting approval of a final plat for 29 single
family lots in Shannon Pond Second Addition. The final plat is
generally consistent with the Shannon Pond Residential Planned Unit
Development approved last year. Subsequent to Planning Commission
review and recommendation of approval on March 22, 1994•�the
developer has adjusted a lot line between Lots 7 and S,�Block 1 to
solve a lot width deficiency. The balance of the lots conform with
standards and no variance requests are anticipated. The developer
will install the public improvements as a private project.
Recoa�eaded Action: MOTION to adopt A RESOLUTION APPROVING THE
FINAL PLAT FOR SH�NNON POND SECOND ADDITION and authorization for
the execution of a Development Agreement.
City Couacil Action:
4-OS-94.010
CITY OF ROSEMOiTNT
DAROTA COUNTY, MINNESOTA
RESOLIITION 1994- '
A RESOLUTION APPROVING THE
FINAL PLAT FOR SFIANNON POND SECOND ADDITION
WHEREAS, the City Council of the City of Rosemount held a public
hearing and approved the 0'Leary' s Hills preliminary plat; and
WSEREAS, on April 20, 1993 the City Council of the City of
Rosemount held a public hearing to rezone the Shannon Pond
Addition from AG Agriculture to R-1 Single Family Residential;
and
WHEREAS, the R-1 Single Family Residential zoning is consistent
with the City of Rosemount Comprehensive Guide Plan: Update 2000
land use designation for subject property; and
WHEREAS, the R-1 Single Family Residential zoning is consistent
with the proposed single family development for subject property;
and
DOHEREAS, the developer, Hampton Development, has ma.de application
for approval of the Shannon Pond Second Addition final plat; and
W'FiEREAS, the final plat is in conformance with the approved
preliminary plat; and
D�IiEREAS, the Planning Commission of the City of Rosemount
reviewed the final plat on March 22, 1994 and has recommended
approval of the Shannon Pond Second Addition final plat.
NOW, THEREFORE, BT IT RESOLVED, the City Council of the Cit�r of
Rosemount hereby approves the Shannon Pond Second Addition final
plat subject ' to the execution of the Shannon Pond Second Addition
Development Agreement .
ADOPTED this 5th day of April, 1994 .
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by: '
Voted in favor: '
Voted against: '
Development Contract
SHANNON POND SECOND ADDITION I
AGREEMENT dated this da.y of , 1994, by and between the CrrY ',
OF ROSEMOUNT, a Mlrinesotl mulllcipal coIPOTB.tion, ("City"), and HAMPTON DEVELOPMENT '
. Corporation, a Minnesota Corporation, (the "Developer"). �
1. Rec�uest for Plat Approval. The Developer has asked the City to approve a plat of land to '
be known as SH�v�voN Por1n SEColvn ADDrr1oN (also referred to in this contract as the
"plat"). The land is legally described as follows:
�UtlOt A, SHANNON POND ADDITION�
according to the plat thereof, Dakota County, Minnesota
2. P.U.D. Ap�roval. The City has approved the Shannon Pond Planned Unit Development in
an agreement, dated April 20, 1993.
3. Conditions of Plat A� roval. The City hereby approves the plat on condition of 1)
approval of a grading plan and utilities by the city engineer; 2) Park Dedication in the
amount of $16,240 cash contribution; 3) installation of sidewalks along the south side of
Crystal Path; and 4) 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 Ap,�roval. 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 staxe ar
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 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 '
ShenPnd2.AQR ,
Page 1 of 8
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
ciifference 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
FIealth (MDOI�), and other agencies before proceeding with construction. The Ciry 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) da.ys after the completion of the improvements and ',
before the security is relea.sed, the Developer shall supply the City with a complete set of ',
reproducible "Record Plan" drawings. '
ShanPnd2.AGR
Page 2 of 8
8. Securitv. 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
fumish the City with a cash escrow or irrevocable letter of credit from a bank ("security")
for $181,800.00. The amount of the letter of credit was calculated as follows:
Sanitary Sewer . . . . . . . . . . . . . . . . . . . . . 26,300.00
Sanitary Sewer Services . . . . . . . . . . . . . . . 10,000.00
Water Main . . . . . . . . . . . . . . . . . . . . . . 32,300.00
Storm Sewer . . . . . . . . . . . . . . . . . . . . . 19,200.00
Street Construction . . . . . . . . . . . . . . . . 54,200.00
Street Lights . . . . . . . . . . . . . . . . . . . . . . . 9,000.00
Concrete Sidewalk . . . . . . . . . . . . . . . . . 6,100.00
SusTOT�. . . . . . . . . . . . . . . . . . . $ 157,100.00
Construction Engineering, plus 4% . . . . . . $15,700.00
SusTOTar. . . . . . . . . . . . . . . . . . . . . $ 172.800.00
Survey Monuments . . . . . . . . . . . . . . . . $ 3,000.00
Landscaping . . . . . . . . . . . . . . . . . . . . . 6.000.00
ToTai. . . . . . . . . . . . . . . $ 181.800.00
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, 2004. 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 i
with a final expiraxion date of December 31, 2004, unless sixty (60) days prior to an i
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 I
December 31, 2004. 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 Contra.ct. 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, 1995. 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. Gradin� Plan/Site Gradin�. 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
furnish the City Public Works Director satisfactory proof of payment for the site grading
Shar�Pnd2.AGR
Page 3 of 8
__ _ —
,
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 fmal 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 backfilling
operations shall be reseeded within 72 hours after the completion of the work in that area.
Except as otherwise provided in the erosion control plan, seed shall be rye grass or other
fast-growing seed suita.ble 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
ar 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 a:ffect 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 ea.ch lot and the Developer
shall also sod the boulevards, all at its own cost.
14. Clean uo. 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 weekly basis and determine whether it is necessary to take additional measures to clean
dirt and debris frorn 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.
ShanPnd2.AGR
Page 4 of 8
15. Ownershi� 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. Warrantv. 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 contra.ct.
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 atta.ched, 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 refened to herein, other charges and
special assessments may be irnposed 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.
F. The Developer shall pay all energy costs for street lights installed within the Shannon
Pond Second Addition until seventy-five percent (75%) of the lots are occupied. After
that, the City will assume the energy costs. '
ShanPnd2.AGR
Page 5 of 8 ',
II
18. Buildin� 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 inplace 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 timeta.ble 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 Contra.ct 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. II
A. The Developer represents to the City that the plat complies with all city, county, II,
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
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 Contra.ct.
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
ShanPnd2.AGR
Page 6 of 8
City, Developer, its contra.ctors, 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 e�cisting 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.
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
delivered to the Developer, its employees or agents, or mailed to the Developer by
registered mail at the following address: �iampton 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 caxe of the City Administrator at the following address: Rosemount City IIall, 2875 ,
145th Street West, Rosemount, MN 55068. Attention: City Administrator.
st�rna2.acR
Page 7 of 8
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
CITY OF ROSEMOUNT
BY:
E.B. McMenomy, Mayor
BY:
Susan M. Walsh, City Clerk
HAMP'rON DEVELOPMENT CORPORATION
BY:
Its
BY:
Its
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this da.y
of , 1994, 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.
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day
of , 1994, by and
, Hampton Development Corporation, a Minnesota Corporation, on behalf of the
partnership.
Notary Public
DRAFTED BY:
Mike Miles, P.A.,for
City of Rosemount
2875 145th Street West
P.O. Box SIO
Rosemount, MN 55068-OSIO
ShanPnd2.AGR
Page 8 of 8
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SHEfT 2 OF 2 SH£ETS
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C'ity of Rosemount
Executive Summary for Action
Planning Commission Meeting Date: March 22 1994
Agenda Item: Shannon Pond 2nd Addition: Final Plat Agenda Section:
West side of Shannon Parkway south of 156th OLD BUSINESS
Street
Prepared By: Richard Pearson Agenda No.:
Assistant Planner ITEM NO. Sb.
Attachments: Final Pla.t• Location Ma • A lication• Draft A roved B : ���
� P� PP � PP Y ,
Development Agreement. � '
PROPOSAL ---
Mr. James Allen and Mr. Gary Bergquist of Hampton Development are requesting final plat
approval for 29 single family lots along the west side of Shannon Parkway. The property is
already zoned for single family deta.ched (R-1) use. The project will be developer installed.
PLAT DESIGN
Crystal Path is an east-west connecti.ng local street tha.t will provide addirional access to the
First Addition on the west side. Two cul-de-sacs will complete the addition one of which is �
from Grocus Court that was "stubbed off" with the first addition.
The final plat is consistent with the approved Planned Unit Development for Shannon Pond in
general terms of lot and street design. Minor shifts of lot lines has occurned and Planning Staff
recommends an adjustment between lots 7 and 8, block 1. Lot 7 is 75 feet wide at the front
yard setback line and lot 8 is 95 feet wide. The objective is 80 feet at the setback line and
maintai.n minimum lot area of 10,000 sq. ft. The three other 75 ft. wide lots are on cul-de-sacs
and increase in width from the frontage towards the rear. One objective in rewriting the
Subdivision ordinance is to provide standards for cul-de-sac lots.
Recommended Action: MOTION to recommend approval of the final plat for Shannon Pond
Second Addition to the City Council subject to: 1) Pazk dedication of$16,240 in the form of
cash contribution; 2) modification of Lots 7 and 8, block 1 to achieve minimum lot width
standards; 3) sidewalk along the south side of Crystal Path; 4) approval of the grading and
utilities plans by the City Engineer; and 5) execution of a development contract to secure
public infrastructure.
Planning Commission Action:
3 22-94.OSb
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