HomeMy WebLinkAbout10.a. Shannon Hills 4th addition Final Platr
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING 'D TE: July 21, 1992
AGENDA ITEM: Shannon
Plat
Hills 4th Addition Final
AGENDA SECTION:
INEW BUSINESS
PREPARED BY:AGEND�
'm #
Lisa Freese, Director
of Planning
10 A
ATTACSMENTS: Development
Agreement;
APPROVED BY:
Resolution;
PUD Phasing Plan;
Locatio
I n Map; Final Plat.
Steve Fiterman, President of Ground Development Corp6ration,
developer of the Shannon Hills Planned Unit Development, has
requested final plat approval for the fourth phase of the
development (30 single family lots). This phase encompasses
10.84 acres, situated east of Shannon Parkway at approximately
142nd Street West. The property was zoned R-1 Single Family
Residential in 1989.
The plat appears to beconsistentwith PUD Agreement and
preliminary plat approved in 1989, and amended in 1990, with the
exception of the phasing plan. It is recommended that a PUD
amendment showing a revised phasing plan be required, as a,
condition of final plat approval. This amendment is necessary;
because the phasing plan has deviated from the phasing plan
approved in addendum 1 of the PUD agreement.
All lots exceed the minimum lot width requirement of the PUD at
the setback line: 75 feet on interior lots and 90 feet on
corner lots. It should be noted that most of the lots exceed
the PUD requirements and only two lots are one foot below
current lot width standards of the zoning ordinance.
Mr. Fiterman has petitioned the City to install the public
improvements for this phase. The City Council received the
petition and ordered the feasibility study at the June 16, 1992
Regular Council Meeting.
The Planning Commission recommended approval of the final plat
subject to the conditions recommend by staff at their June 23,
1992 Regular Meeting.
RECOMMENDED, ACTION:
A MOTION to adopt A RESOLUTION APPROVING THE
SHANNON HILLS 4TH ADDITION FINAL PLAT and
authorize execution of the Subdivision Development
Agreement,
COUNCIL ACTION:
7121/92005
Development Contract
Shannon Hills 4th Addition
AGREEMENT dated day of , 1992, by and between
the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and GROUND
DEVELOPMENT, INC. � a Minnesota corporation, (the "Developer").
1. R99uest for Plat 4pproval. The Developer has asked the City to approve a plat of land to
be known as SHANNON HILLS 4TH ADDITION (also referred to in this contract as the
"plat"). The land is legally described as follows:
- Legal Description to be provided by Developer and included in final draft -
2. P.U.D. Approval. -The City has approved the Shannon Hills Planned Unit Development in
an agreement, dated August 29, 1989, and Shannon Hills Planned Unit Development,
Addendum No. 1, dated October 2, 1990.
3. Conditions of Plat! Approval. The City hereby approves the plat on condition (1) Park
Dedication fee of $j14,400; (2) temporary cul-de-sac installed on Outlot A, terminating
Crocus Way and built to standards specified by the City Engineer; (3) a posted security for
landscaping the berms along Shannon Parkway and 145th Street West (current and finished
phases only; (4) an, approved Planned Unit Development Agreement Amendment for a
revised Phasing Plan indicating future development increments; and (5) an executed
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. Terms in this Development Contract
and Development Contracts for subsequent phases shall be consistent with the Shannon
Hills Planned Unit', Development.
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 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 Erasion Control Plan and Schedule
Plan C -- Drainar',e and Stormwater Runoff Plan
Plan D -- Plans and Specifications for Public Improvements
Plan E -- Grading. Plan and House Pad Elevations
Plan F -- Street UL-hts
7. Installation by Deyeloper. The Developer shall install or cause to be installed and pay for
the following:
A. Street Lights
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
G. Landscaping
S. Public Improvements. The following improvements, known as City Project #234, shall be
designed and installed in the plat by the City:
A. Sanitary Sewer
B. Water
C. Storm Sewer'
D. Streets and Street Signs
E. Concrete Curb and Gutter
Public improvements to be installed by the City shall be substantially completed by
November 30, 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. By executing this Agreement, the Developer
agrees to pay the assessments and other costs specified in this paragraph. 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
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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 impro+,vements 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 $215,520. The amount of the letter of credit was calculated as follows:
1. The following figures are calculated to be sixty percent (60%) of the estimated cost of
City installed) public improvements.
Total 60%
Sanitary I,Sewer
$ 45,900
$ 27,540
Sanitary '',Sewer
25,100
15,060
$ 75,100
Services'
Watermain
52,000
31,200
Water Services
21,900
13,140
Storm Drain
24,200
14,520
Street
68,000
40,800
TOTALS
237,100
142,260
$ 142,260
2. One hundred',percent (100%) of the estimated cost of Developer installed
improvements.
100%
Grading $ 50,000
Survey Monuments 1,000
Landscaping 19,500
Street Lights 4,600
TOTAL 75,100
$ 75,100
Total Amount of Letter of Credit $ 217,360
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
3
the bank notifies the C ty that it elects not to renew for an additional period. The letter of
credit shall secure corn fiance 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. Time of Performance. The Developer shall install all required improvements which will
serve the Plat by S�Ptember 1, 1993. The Developer may, however, request an extension
of time to the Cityl 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.
12. 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 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 shalt be the responsibility of the Developer.
13.
14.
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.
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.
Erosion Control. ',Prior to site grading, and before any utility construction is commenced
or building permitsl 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 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 paries 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. This right also applies to the required erosion control
for basement and/or foundation excavation spoil piles. The City will endeavor to notify the
4
Developer in adv ce of any proposed action, but failure of the City to do so will not affect
the Developer's of 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.
15. 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.
16. Clean un. 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. Failure to comply with verbal or written notice shall allow the
City to complete or contract to complete the clean-up at the Developer's expense as per the
conditions under Paragraph 14.
17. Ownership of Iniorovements. 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.
18. Warranty. The Developer warrants 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.
19.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it
or the City irk conjunction with the development of the plat including, but not limited
to, Soil and Nater 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
5
20.
21.
in full force d effect even if the Developer sells one or more lots, the entire plat, or
any part of i
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 stormw4ter 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 casts.
BuildinL- Permits. No building permits shall be issued until:
A. The site grading has been completed and approved by the City.
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. 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 the,:
permits shall be issued until the publicar 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.
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.
:.
22. 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 they 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
requirementsso 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 eery 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
7
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.
23. 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: Travelers Tower, Suite 485, 1550 Utica Avenue
South, St. Louis Park, MN 55416. 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. McMenomy, Mayor
BY:
Susan M. Walsh, City Clerk
GROUND DEVELOPMENT, INC.
BY:
Its
STATE OF MMgNESOT A )
) 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 MWJNESO(TA )
SS
COUNTY OF DAKOT1A )
,The foregoing instrument was acknowledged before me this day
of , 1992, by , Ground
Development Inc., a Minnesota Corporation, on behalf of the partnership.
Notary Public
E
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1992-
A RESOLUTION APPROVING THE
SHANNON HILLS 4TH ADDITION FINAL PLAT
WHEREAS, the City of Rosemount has approved the Shannon Hills
Preliminary Plat/Planned Unit Development Plan; and
WHEREAS, the developer, Ground Development Corporation, has made
application for approval of the final plat for the fourth phase
of the Shannon Hills PUD; and
WHEREAS, the Pla�}ning Commission of the City of Rosemount has
recommended apprdval of the Shannon Hills 4th Addition final
plat.
NOW, THEREFORE, 8E IT RESOLVED, the City Council of the City of
Rosemount hereby '',approves the Shannon Hills 4th Addition final
plat subject to:'
1) park land dedication fee of $14,400; and
2) temporary cul-de-sac installed on Outlot A, terminating
Crocus Way and built to standards specified by the City
Engineer; and
3) a posted security for $6,500 for landscaping the berms along
Shannon Parkway and 145th Street West (current and finished
phases only); and
4) an approvediPlanned Unit Development Agreement Amendment
revising the Phasing Plan to reflect future development
increments; and
5) an executed ',Subdivision Development Agreement.
ADOPTED this 21st day of July, 1992.
ATTEST:
Susan M. Walsh, City Clerk
Motion by:
Voted in favor:
Voted against:
E.B. McMenomy, Mayor
Seconded by:
SHANNON HILLS
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