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HomeMy WebLinkAbout9.e. West Ridge 4th Addition Final Plat~r CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 1992 AGENDA ITEM: West Ridge Fourth Addition AGENDA SECTION: Final Plat New Business PREPARED BY: Lisa J. Freese, Director of Planning AGENDA �,r, � / ATTACHMENTS: Resolution; Development Contract; APPROVED BY: PC Reviews; Final Plat. Tim Broback, President of Rosemount Development Company, developer of the West Ridge Planned Unit Development, has requested final plat approval for the fourth phase of the development (32 single family lots). This phase encompasses 12 acres, situated east of the proposed Diamond Path Road between Upper 156th Street and 155th Street West. The plat appears to be consistent with the PUD Agreement and preliminary plat approved in 1987. All lots meet the minimum lot width and maximum density requirements of the PUD. The park dedication requirements have been met for this PUD. At their January 28, 1992 Regular Meeting, the Planning Commission reviewed and recommended approval of the final plat subject to: 1) Engineering Plans and Specifications and revised utility easements per the Public Works Director's approval; and 2) the execution of the Development Contract. RECOMMENDED ACTION: A motion to adopt A RESOLUTION APPROVING THE WEST RIDGE FOURTH ADDITION FINAL PLAT and to authorize the execution of the development contract COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1992- A RESOLUTION APPROVING WEST RIDGE FOURTH ADDITION FINAL PLAT WHEREAS, the City of Rosemount has approved the West Ridge Fourth Addition preliminary plat; and WHEREAS, Addendum II to the West Ridge PUD Final Development Plan has been submitted by the developer and approved by the City; and WHEREAS, the Planning Commission of the City of Rosemount has recommended approval of West Ridge Fourth Addition final plat. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the West Ridge Fourth Addition final plat, subject to the following: 1)an executed Addendum I to the West Ridge Planned Unit Development Plan; and 2)an executed Subdivision Development Contract for West Ridge Fourth Addition. ADOPTED this 4th day of February, 1992. E.B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against• z DEVELOPMENT CONTRACT WEST RIDGE FOURTH ADDITION AGREEMENT dated day of , 1992, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and ROSEMOUNT DEVELOPMENT COMPANY, a Minnesota corporation, (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat of land to be known as WEST RIDGE FOURTH ADDITION (also referred to in this contract as the "plat") The land is legally described as follows: That part of the Southwest Quarter (SW;) of Section 31, Township 115, Range 19, Dakota County, Minnesota lying north of the plat of West Ridge Third Addition, according to the recorded plat thereof, and vest, north, and south of the following described line: Commencing at the northwest corner of said Southwest Quarter (SW;); thence south 89 degrees, 48 minutes, 49 seconds, east (assumed bearing) along the north line thereof 747.96 feet to the point of beginningof the line to be described; thence south 0 degrees, 11 minutes, 11 seconds, vest 140.00 feet; thence south 89 degrees, 48 minutes, 49 seconds, east 41.30 feet; thence south O degrees, 48 minutes, 49 seconds, vest 390 feet; thence north 89 degrees, 48 minutes, 49 seconds, vest 23.90 feet; thence south 0 degrees, 11 minutes, 11 seconds, west 135.09 feet to the north line of said West Ridge Third Addition and said line there terminating. At the time of final plat approval this property shall be described as WEST RIDGE FOURTH ADDITION. 2. P.U.D. Approval. The City has approved the West Ridge Planned Unit Development in an agreement, dated June 7, 1987 and amended December 20, 1989. 3. Conditions of Plat Approval. The City hereby approves the plat on condition that (1) Engineering Plans and Specifications and the required utility easements be approved by the City Public Works Director and (2) the Subdivision Development Contract for West Ridge Fourth Addition be executed prior to release of the signed plats. 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. Terms in this Development Contract and Development Contracts for subsequent phases shall be consistent with the West Ridge Planned Unit Development. S. 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 Flan 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 Plan B -- Soil Erosion Control Plan and Schedule Plan C -- Drainage and Stormwater Runoff Plan Plan D -- Plans and Specifications for Public Improvements Plan E -- Grading Plan and House Pad Elevations Plan F -- Street Lights 7. Installation by Developer. The Developer shall install or cause to be installed and pay for the following: A. Street Signs; B. Setting of Lot and Block Monuments; C. Surveying and Staking of work required to be performed by the Developer; D. Gas, Electric, Telephone Lines; E. Cable Television, when available to the plat; F. Site Grading. S. Public Improvements. The following improvements, known as City Project #223, shall be designed and installed in the plat by the City: A. Sanitary Sewer B. Water C. Storm Sewer D. Streets E. Concrete Curb and Gutter F. Street Lights G. Sidewalks and Trails Public improvements to be installed by the City shall be substantially completed by July 31, 1992. 9. Assessment of Costs. The City shall assess the cost of the public improvements referred to in Paragraph 8 together with administrative, planning, engineering, capitalized interest, legal and bonding costs against the plat. The assessments shall be deemed adopted on the date this Contract is signed by the City. The assessments shall be paid over a ten-year period without deferment, together with interest at a rate set by the City. Before the City issues a Certificate of Occupancy for a structure built on a lot, all of the aforementioned assessments against the lot must be paid in full. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including, but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. § 429.081. 10. 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 $327,000. The amount of the letter of credit was calculated as follows: 1. 60 percent of the estimated cost of City installed public improvements. Sanitary Sewer $ 65,000 Watermain 71,000 Storm Sewer 44,000 Street Construction 121,000 2. 100 percent of the estimated cost of developer installed improvements. Grading $25,000 Survey Monuments 1,000 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, 2002. 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, 2002, 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, 2002. 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 from time to time as financial obligations are paid and public improvements are completed to City's requirements. 11. Grading P1anZBite 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 prior to the awarding of the contract by the City for installation of utilities. Developer shall 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, prior to the awarding of the contract of installation of utilities. 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. 12. 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. 13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, the I 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 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 seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. 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. 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. 14. 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 also sod the boulevards, all at its own cost. 15. Clean uR. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, its agents or assigns, within twenty-four (24) hours after notice by the City. 16. 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. 17. Warranty. The performed by it a period of two the City. All alive, of good after planting. other security Developer warrants all work required to be against poor material and faulty workmanship for (2) years after its completion and acceptance by trees, grass and sod shall be warranted to be quality and disease free for twelve (12) months The Developer shall post maintenance bonds or acceptable to the City to secure the warranties. IS. 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. 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 reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorney's fees. D. 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, Ground Development, Inc., 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. E. 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. F. 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 stormwater connection charges and building permit fees. G. The Developer shall pay all energy costs for street lights installed within the plat until seventy-five percent (75%) of the lots are occupied. After that, the City will assume the energy costs. 19. Building Permits. No building permits shall be issued until: A. The site grading has been completed and approved by the City. B. All curbing must be installed and backfilled, the first lift of bituminous must be in place and approved by the City. However, this requirement may be waived by the City Director of Public Works in the event Developer provides an alternative access to the building site. Alternative accesses installed and maintained by Developer must provide all weather access to the building site for public safety, construction, inspection, and construction delivery purposes. 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 and 8 are in and approved by the City, unless otherwise authorized in writing by the City Public Works Director. 20. Developerls 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 itshallnot 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. 21. 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 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 8 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 Developershall 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. J. The Developer may not assign this Contract without the written permission of the City Council. 22. 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: 3840 Upper 149th Street West, Rosemount, MN 55065. 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: E.B. xemenomy, Mayor BY: Susan M. Walsh, City Clark ROSEMOUNT DEVELOPMENT, INC. BY: Its STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1992, 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 , 1992, by Rosemount Development Company, a Minnesota Corporation, on behalf of the partnership. Notary Public j 1 PHONE (612) 423.4411 FAX (612) 423.5203 TO: FROM: DATE: (Pity of (Rosemount 2875 - 145th Street West, Rosemount, Minnesota Mailing Address: P.O. Box 510, Rosemount, Minnesota 55068.0510 Planning Commission Lisa J. Freese, Director of Planning January 24, 1992 SUBJ: January 28, 1992 Regular Meeting Reviews Agenda Item 4(d) MAYOR Edward B. Mddenomy COUNCILMEMBERS Shelia Kiasaen James (Red) Staats Harry Willoox Dennis Wippermann ADMINISTRATOR Stephan Jilk ATTACHMENTS: Rezoning Petition Location Map Original PUD Phasing Plan Revised PUD Phasing Plan Letters from Dakota County Public Hearing Notice and Mailing List Final Plat 4d. WEST RIDGE FOURTH ADDITION - REZONING/PUD AMENDMENT/FINAL PLAT Recommended Action: Motion to recommend approval of the rezoning of West Ridge Fourth Addition from Agricultural (AG) to R-1 Single Family Residential. Motion to recommend approval of the revised phasing plan for the West Ridge Planned Unit Development. Motion to recommend approval of the Final Plat of West Ridge Fourth Addition, subject to: 1) plat revisions meeting Dakota County's requirements for right-of-way for C.S.A.H. NO. 33; and 2) an executed Subdivision Development Agreement. Tim Broback, President of Rosemount Development Company, developer of the West Ridge Planned Unit Development, has requested final plat approval for the fourth phase of the development (32 single family lots). This phase encompasses 12 acres, situated east of the proposed Diamond Path Road between Upper 156th Street and 155th Street. The property is zoned Agricultural (AG) and must be rezoned to R-1 Single Family Residential prior to final plat approval. The area is designated for Urban Residential in the Comprehensive Plan; therefore, rezoning would be consistent with the Plan. Originally, the fourth addition was to include an additional 37 lots to the east but due to market conditions the applicant has decided to reduce the size of the Fourth Addition. From the standpoint of utility installation, it was decided that the western portion of the original fourth addition should be completed first. This change in the phasing plan will necessitate that the City Council amend the PUD to reflect the phasing plan shown on the attached exhibit. (6verylhings (Pouring (UP RosemounlY LO recvcled vane, Planning Commission Reviews - 2/28/92 Agenda Item 4(d) Page Two Enclosed with this review is a copy of the final plat. The plat appears to be consistent with the PUD Agreement and preliminary plat approved in 1987. All lots meet the minimum lot width requirement at the setback line: 75 feet on interior lots, and 90 feet on comer lots. The maximum density of three units per acre is also met. The park dedication requirements have been meet for this PUD. The County Plat Commission has indicated that the final plat as currently .configured is not adequate for the future Diamond Path Road (C.S.A.H. NO. 33). It is City staff's understanding that the developer has met with the County and a satisfactory resolution to the County's right-of-way requirements have been made. At the time this report was prepared, however, the developer has not submitted a revised plat to the City. The City also inquired about the possibility of requiring an access from the West Ridge Addition to the future Diamond Path Road. The most logical connection would be to extend 156th Street out to Diamond Path. Unfortunately, this access would only be 660' from the access to Diamond Path in the Wensmann Addition to the north and the County requires 1,320' or a quarter mile. Even if the access were moved to the southerly edge of the Fourth Addition, the distance between the two accesses would be only 800. Rosemount Development Company has petitioned the City to install the public improvements for this phase. The feasibility study is nearing completion and will be on the February 4, 1992 City Council agenda for acceptance. COUNTY JEFFREY J. ONNELLDA/OTH DIRECTOR (612)891-7030 DEPARTMENT OF PLANNING & PROGRAM MANAGEMENT Fax (612) 891-7031 14955 GALAXIE AVENUE APPLE VALLEY, MINNESOTA 55124-8579 ;�AJ December 20, 1991 Delmar Schwanz, LandSurveyors, Inc. Attn: Harry Combs 14750 S. Robert Trail Rosemount MN 55068 Dear Mr. Combs: Thank you for the recently submitted plat, West Ridge Fourth Addition. Our plat and is recommending the following the subdivision: copy of the subdivision office has reviewed the street names for use in i Delft Avenue j Darling Path 156th Street West The names we have recommended for use are preliminary at this time. They are not to be considered "approved" or "final" until said names appear on the final plat. Addresses are assigned to the subdivision plat after the plat is recorded with the County, and after the Planning Department receives two copies of the final subdivision plat. Thank you in advance for complying with the Dakota County Uniform Street Naming and House Numbering System. If you have any questions or concerns regarding this matter, you may contact our office at 891-7030. Thank you. Respectfully, Ellen Dornfeld Environmental Planner cc: Commissioner Steven G. Loeding Lisa Freese, Rosemount City Planner Allen Moe, Acting Planning and Program Management Director Vivian Ficker, Dakota County Survey and Land Information AN EQUAL OPPORTUNITY EMPLOYER DAKOTA COUNTY SURVEY & LAND INFORMATION DEPARTMENT 14955 GALAXIE AVENUE City of Rosemount 1367 - 145th St. E. Rosemount, MN 55068 ATT: Stephan Jilk, Administrator RE: WEST RIDGE FOURTH ADDITION Dear Mr. Jilk: GARY H. STEVENSON, R.L.S. COUNTY SURVEYOR LAND INFORMATION DIRECTOR (612)891-7087 FAX (612) 891-7031 APPLE VALLEY. MINNESOTA 55124-8579 January 9, 1992 The Dakota County Plat Commission met on January 6, 1992, to consider the preliminary plat of WEST RIDGE FOURTH ADDITION. Said plat is adjacent to proposed C.S.A.H. No. 33 and is, therefore, subject to the Dakota County Contiguous Plat Ordinance. The Plat Commission does not recommend approval of this plat. The plat needs to provide for dedicated right of way and restricted access for proposed C.S.A.H. NO. 33. This is the area where proposed C.S.A.H. NO. 33 will change from east of the section line to west of the section line. There is only an 1/8th mile in which to accomplish it, which makes adequate design speed curves difficult. The surveyor of the plat should contact the County Highway Department to work into the plat a proposed alignment. The Ordinance requires resubmittal of the final plat before the recommendation of approval is made to the County Board. No work shall commence in the County right of way until a permit is obtained from the County Highway Department. Sincerely, Gary H.revensnT�on Dakota County Surveyor & Land Information Director Secretary, Plat Commission GHS/vf cc: Delmar Schwanz, Land Surveyor Tom Swanson, Permits Technician AN EQUAL OPPORTUNITY EMPLOYER �)ES 7- F( )URI t LL 1 �r -------- --