HomeMy WebLinkAbout6.b. Kwik Trip Plat Rezoning / Final Plat � City of Rosemount
Executive Summary for Action
City Council Meeting Date: September 6, 1994
Agenda Item: Kwik Trip Final Plat and Agenda Section:
Rezoning NEW BUSINESS
Prepared By: Richard Pearson Agenda No:
Assistant Planner 'TEM # � �
Attachments: Resolution; Ordinance; Approved By:
Development Agreement;
Location Map; Final Plat. /
Mr. Scott Teigen, Director of Real Estate for Kwik Trip, Inc. , is
requesting final plat approval to combine approximately 5, 300
square feet of former railroad property with the former Strese Oil
site. The combined parcel is needed for the convenience store
building which was approved as a Planned Unit Development on July
5, 1994 by the City Council after conducting a public hearing. The
final plat will enable the rezoning of the former railroad parcel
to C-3 Highway Service Commercial.
The City Council tabled action on the rezoning after the public
hearing pending the resolution for the final plat. On August 23,
1994 the Planning Commission reviewed the Kwik Trip Plat One final
plat and recommended approval .
The railroad previously intended to sell one larger parcel to Kwik
Trip totalling four-tenths of an acre. Recently, a decision was
made to sell smaller parcels to adjacent properties . This decision
solved the problem of Kwik Trip being forced to purchase more land
than what was necessary and of more benefit to other adjacent
landowners .
The final plat is consistent with previous review of the Kwik Trip
Commercial Planned Unit Development.
Recommended Action: A MOTION to adopt A RESOLUTION APPROVING THE
FINAL PLAT FOR KWIK TRIP PLAT ONE and authorize the execution of
the Kwik Trip Plat One Subdivision and Planned Unit Development
Agreement. •
- and -
A MOTION to adopt Ordinance B-45 AN ORDINANCE AMENDING ORDINANCE
B - CITY OF ROSEMOUNT ZONING ORDINANCE which provides for the
rezoning of Kwik Trip Plat One to C-3 Highway Service Commercial .
City Council Action:
9-06-94.004
i .
CITY OF ROSEMOtTNT
DAROTA COUNTY, MINNESOTA
RESOLIITION 1994-
A RESOLIITION APPROVING THE
FINAL PLAT FOR R�nTIR TRIP PLAT ONE
WBEREAS, the City Council of the City of Rosemount held a public
hearing on Tuesday, July 5, 1994 and approved the Kwik Trip Plat
One Residential Planned Unit Development and preliminary plat;
and
D�HEREAS, the City Council of the City of Rosemount held a public
hearing on Tuesday, July 5, 1994 and tabled action on the Kwik
Trip P1at One rezoning pending final plat approval; and
WHEREAS, the developer, Convenience Store Investments (CSI) , has
made application for approval of the Kwik Trip Plat One final
plat; and
D�HEREAS, the final plat is in conformance with the approved
preliminary plat; and
WHEREAS, the Planning Commission of the City of Rosemount
reviewed the final plat on August 23, 1994 and has recommended
approval of the Kwik Trip Plat One final plat.
NO�, THEREFORE, BE IT RESOLVED, the City Council of the City of
Rosemount hereby approves the Kwik Trip Plat One final plat
subject to the execution of the Kwik Trip Plat One Subdivision
and Planned Unit Development Agreement and rezoning of subject
property to C-3 Highway Service Commercial .
ADOPTED this 6th day of September, 1994.
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Cle�`k
Motion by: Seconded by:
Voted in favor:
Voted against:
Ctryhil8.fn1
Sept.b, 1994
. i
City of Rosemount
Ordinance No. B-45
AN URDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNr ZONING ORDINANCE
gwik Trip Plat One
THE CITY COUNCIL OF THE CTTY OF ROSEMOUNT, MINNESOTA ORDAINS AS FOLLOWS: '
Sprti�n 1. Ordinance No. B, adopted September 19, 1989, entitled "City of Rosemount Zoning
Ordinance," is hereby amended to rezone from AG Agriculture to C-3 Highway Service Commercial the
following described property located within the City of Rosemount, Minnesota to-wit:
Kwu�Tiur Pt,AT Or1E
Sectinn 2. The Zoning Map of the City of Rosemount, referred to and described in said
Ordmance No. B as tha.t 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 indicati.ng the rezoning hereinabove provided for
in this Ordinance and all of the notation references and other i.nformation shown thereon are hereby
incorporated by reference and made a part of this Ordinance.
Secti�n 3, This ordinance shall be effective immediately upon its passage and publication
according to law.
ENAc�n�vn Oxu�nv�n into an Ordinance this 6th da.y of September, 1994.
CrrY oF Ros�ourrr
E.B. McMenomy, Mayor
A�sT:
Susan M. Walsh, City Clerk
Published in the Rosemount Town Pages this day of , 1994. '
i y
Subdivision and Planned Unit Development Agreement
KWII� 'T`RIP PLA.T �NE
THIS AGREEMENT dated this day of , 1994, by and
between the CITY OF RoSEMOUNT, a Minnesota xnunicipal corporation, ("City"), and
CONVEr1IENCE STORE INVESTMENTS, 1626 Oak Street, P.O. Box 2107, La Crosse,.WI 54602,
(the "Developer").
1. Request for Plat A�,proval. The Developer has asked the City to approve a replat of land and
, a commercial planned unit development to be known as I<wIi<TRIP PI,�.T ONE (also referred to
in this agreement as the "plat"). The land is legally described as follows:
LOT I,BLOCK l,ICWII�T'RIP PLAT�NE
2. The KWIKTRIP PLAT ONE Commercial Planned Unit Development has been granted a variance
to rear yard setback criteria permitting zero lot line setback along the east property line
(adjacent to railroad right-of-way).
3. Specific Conditions of A�proval. The City, through this Agreement,approves the Plat upon
the following specific conditions:
A. Easem:ents for access, drainage, sidewallcs, and utilities as required by the city engineer;
B. The assembled parcels for I�wik Trip Plat One shall be platted as a single lot;
C. Acquired railroad remnant parcels shall be recombined with existing contiguous parcel(s);
D. Approval of the grading plan by the city engineer;
E. Developer shall submit to the City a Parlc Deciication Fee of$1,145, in lieu of land, for the
plat of I<w11<TRIP PLAT ONE;
F. A security deposit in the amount of$2,600 in a form approved by staff to secure landscaping
with said�andscaping security eligible to be released after one year or upon provision o£
warranty to ensure landscape material stabilization;
G. The Developer is responsible £or securing approval for access to STH 3 from the Minnesota
Department of Transportation;
H. All construction and site improvements shall conform with applicable building and fire
codes;
I. A sign plan must be provided by the developer and reviewed and accepted by Plaiuung staff
to ensure consistency with regard to location, size, and type for all wall and freestanding
signs for I<wIi<TRIP PI.AT ONE for conformance with Section 10. Sign Ordinance of
Ordinance B - City of Rosemount Zoning Ordinance;
J. The Developer must connect to the mwnicipal water system;
I<. The Developer is responsible for closure of the well(s) existing on the site; and
L. The Developer is responsible for the construction of concrete curbs and gutters approved by
the city engineer.
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. �
4. General Conditions of Plat A�proval. In addition to the special requirements set forth in
paragraph 2 above, Developer and, as applicable, the City agree to the £ollowing terms and
conditions:
A. For two (2) years from the date of this Agreement, no amendments to the City's
Comprehensive Plan, Zoning Ordinance or official contxol, shall applyto 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 or specified above in paragraph three (3).
Thereafter, notwithstanding anything in this Agreement to the contrary,to the full e�ctent
permitted by state law, the City may requiore compliance with any amendments to the City's
Comprehensive Guide Plan, official controls, platting, or declication requirements enacted
after the date of this Agreement.
B. All areas disturbed by the excavation and bacicfilling operations of the Development shall be
sodded forthwith after the com.pletion of the wark in that area. The parties recognize that
time is of the essence in controlling erosion. If the Plat development does not comply with
the erosion control plan and schedule or supplementary instructions received from the City,
the City may take such action as it deems appropriate to control erosion. The 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 v�rorlc
within thirty (30) days of written notice, the City may cause the development activities to
cease and issue no further building permits until Developer's obligation is met.
C. The Developer shall clean dirt and debris from streets tk►at have resulted from construction
work by the Developer, its agents or assigns, within 24 hours after notice by the City.
D. The Developer shall be responsible for the following development-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,
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 indemrufy the City and its officers
and employees for all costs, dannages 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 incurred in the enforcement
of this Agreement, including engineering and attorney's fees within thirty (30) days after
written notice of default and opportur►ity to cure.
4. 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.
E. No Certificates of Occupancy for the development shall be issued until:
1. all public utilities are tested, approved by the City Engineer, and in service; and
2. the Developer, in executing this Agreement, asswnes all liability and costs for damage or
delays, incurred by the City, in the construction of public unprovements, caused by the
Developer, its eniployees, contractors, subcontractors, materialmen, or agents.
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! •
5. 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 regulations. If the City determines that the Plat does not
comply, the City may, at its option, refuse to allow constzuction or development work in the
Plat until the Developer does comply. Upon the City's demand, the Developer shall cease
work until there is Compliance.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of
$uilding permits, including lots sold to third parties.
C. I£any portion, section, subsection, sentence, clause, paragxaph 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
improvements, the Developer assumes all liability and costs resulting in delays in coimpletion
of public improvements and damage to public improvements caused by the City, Developer,
its contractors, subcontractors, materialmen, employees, agents, or third parties.
E. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions o£this Agreement. To be binding, amendments or waivers shall be in writiung,
signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly talce legal action to enforce this Agreennent shall not Ue 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 environinental impaet 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£or 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 nut with the land and shall be recorded by the Developer again,st the
title to the property. After the Developer has completed the work required o£it wnder this
Agreement, at the Developer's written 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 izi add'ztion
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 othexwise so existing may be exercised from ti�me to
time as often and in such order as may be deemed expedient by the City and shall not be a
waiver of the right to exercise at any time thereafter any other right, power, or remedy.
I. The Developer may not assign this Agreement without the written pexmission of the City
Council except that the Developer may assign this agreement and the obligations under it to
any subsequent owner or successor of any part of the plat.
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: Convenience Store Investments, 1626 Oak Street, P.O. Box 2107, La
Crosse, WI 54602. 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�iail i�n care of the City
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�
Administrator at the following address: Rosemount City Hall, 2875 145th Street West,
Rosemount, MN 55068,Attn: City Administrator.
I�. Any amendments to this Agreement shall be in writing and executed by both parties.
L. This Agreement shall be governed by the laws of the State o£Minnesota.
IN WITNESS WHEREOF, the parties have hereunto set their hands the da.y and year first above written.
CITY OF ROSEMOUNT
By:
E.B. McMenomy, Mayor
By:
Susan M. Walsh, City Clerk
CONVENIENCE STORE INVESTMENTS
By:
Donald G. Brueggen, Vice President
By:
Thamas J. Kieffer, Secreta.ry
STATE OF MINNESOTA )
)�
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
1994 by E.B. McMenomy, Mayor, and Susan M. Wa1sh, City Clerk, of the CrrY oF RosEl�touN'r, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
Notary Public
STATE OF WISCONSIN )
)�
COUNTY OF DAKOTA )
The foregoing instrument was acl�owledged before me this day of ,
1994 by Donald G. Brueggen and Thomas J. Kieffer of CotvvErrtErrcE S�ro�INVEs'r�N'rs, a Wisconsin
general partnership, on behalf of the partnership.
Notary Public
Drafted By:
City of Rosemount
2875145th Street West
Rosemount, MN SS068
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