HomeMy WebLinkAbout5.b. Chelsea Woods Estates Final Plat / Rezoning �i . " . � .r._,} 1 . . . . .
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TO: CITY COUNCIL A QYl�GL ,���m 56.
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FROM: MICHAEL WOZNIAK, AICP, CITY PLANNER
DATE: J UNE 16, 1989
SUBJ: JUNE 20, 1989 - REGULAR MEETING REVIEWS
Sb. CHELSEA WOOD ESTATES FINAL PLAT/REZONING
Ueveloper Marv Eggum has proposed an 8 lot subdivision to be located on a
forty acre parcel (Sieg Property) in Section 17, situated on the north side of
County Road 38. Enclosed with this review is a copy of the Chelsea Woods
Estates Final Plat. The proposed subdivision has lot sizes ranging from
approximately 3 - 7 acres in size. The subdivision meets density requirements
(one home per five acres) for the Rural Residence District. The property is
designa[ed Rural Residentiat in the Comprehensive Guide Plan, however, a
rezoniug to Rural Residence Dis[rict is required since the property is currently
zoned Agriculture. City Council approved the Chelsea Woods Preliminary P1aC on
June ti, 1989.
Enclosed with this review are capies of a resolution to audhorize final plat
approval and the required ordinance to cause the zoning map amendment. Also,
enclosed with this review is a cnpy of the Chelsea Woods Estates Subdivision
Development Contract.
The subdivision �neets all z�ning and subdivision ordinance requirements with one
exceplion. Lol 2, Block 2, d�cs nc�t mcet requircd frontage at setbaek of 150'.
Tlic Plaiining Comn�issican has appr�vcd u variancc 1� address lhis mattcr.
City Engineer, Rich Hefti, has reviewed and approved (with minor changes) plans
and specifications for public improvements to be instatled by the devetoper.
Every indication is that Mr. Eggum is proposing to build a first rate project. He
has inciicated that his inten[ is to construc[ homes which will be sold for
between $3U0,000 and $600,000. The proposed streets in the subdivision have
becn laid aut in a manner to minimize tree loss on the site and also to minimize
the an�ount of gradimg which will have to take place.
The Planning Commission has recommended approval of the rezoning of Chelsea
Woods Estates from Agriculture to Rural Residential. Planning Commission
recommenda[ion regarding the final plat will be provided a[ the meeting.
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CirY of R�e
Re��ution y9��'�t
9-
A Resolution
Chef�a � qpArov�n9 �he
Es�eREAs, tbe C, �'S �.4tates
WN�RE Pre/i��nary P at;�aqd°Semount �as
recom°l�d edtapP v'annin8 Ca � apProv�d th� C�elsea
Npyy �al of tb �'n�ss�on woods
f
oo$e��$E heFOR� BE , e Chelsea ►�r°pds Est City of R
� �xe�ute� �u�d�p�On s Rk��Ch 1EDi the C�tareS f��al pYa�Sem�unt has
Ad �ais 2pt D�v�topment A8 eemSeA stat�$n fi�alf the City o
°Pted
h ddY of Jun�, 19gg � P1at, subj��[
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q TTEsr. _
Roilan Hoke� MaYor
StePhaq J��k
, A¢mip�strd�ar
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CITY OF ROSEMOUNT
ORDINANCE NO. XVII._
AN ORDINANCE AMENDING ORD[NANCE NO. XYII.3 - ZONING ORDINANCE
The City Council of the City of Rosemount, Minnesota ordains as
� �fallows:
SECTION I. Ordinance No. XVTI.3, adopted �ctober 19, 1972, entitled,
"ZONING ORDINANCE,VILLAGE OF ROSEMOUNT,DAKOTA COUNTY,
MINNESOTA," is hereby amended to rezone from Agriculture Distric[ to
RR Rural Residential the following described property located within
the City of Rosemount, Minnesota, to-wit:
T6at property described as Chelsea Woods Estates.
SECTION II. The Zoning Map of the City of Rosemount referred to
and described in said Ordinance No. XVII.3 as that certain map enti[led,
"ZONING MAP, VILLAGE OF R(JSEMOUNT, MINNESOTA," shall not be
republished to show the aforesaid rezoning, but the. Clerk shall
appropriately mark the said zoning map on file in the Clerk's Office for
the purpose of indicating the rezoaing hereinabove provided for in this
Ordinance and all of the notation references and other information
shown thereon are hereby incorporated by reference and made a part of
this Ordinance.
SECTION IIL This Ordinance shall be in full force and effect from and
after its publication according to law.
Enacted and ordained into an Ordinance this 20th day of June, 1989.
Rollan Hoke, Mayor
ATTEST:
Stephan Jilk, Administra[or/Clerk
Published this day of , 1989
in the Dakota County Tribune.
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CHELSEA 1N44DS ESTATES
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U�IIITY 8 DRAINAGE EASEMENTS AqE
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STRfET ANO LOT UNES UNLESS OiHERwISE Hq5 BEEN DE516NATED A BEARINQ OF 589•56'dJ"E I
IND�CaiED ON T1rE P�AL
Valley Engineering Co., Inc
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�eveloQment ContraCt
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CNEL5EA WOODS ESTATES
AGREEMENT dated _ , 1989, by and between the
CITY UF ROSEMOUNT, a Minnesota municipal corporatioa, ('City"), and
EGGUM INVESTMENTS, a Minnesota corporation, (the "Developer").
l. Request far Piat Approvat. The Devel�per has asked the City to
approve a plat for CHELSEA WOODS ESTATES, (referred to in this� Contract
as the "plat"). The land is legally described on lhe attached Exhibit "A".
2. Condition ot Plat Approral. The City hereby approves Ehe plat
oa conditiou that the Developer enter into this Contract and furnish the
security required by it.
3. EfCect of Subdivisloa Approval. For two (2) years from the date
of this Contract, no amendments to the City's Comprehensive Ptan, or official
coatrols shall apply to or affect the use, develc�pment deasity, lot size, lot
layout or dedicatioas of the approved plat unless required by state or federal
law or agreed to in wriung by the Cit.y and the Developer. Thereafter,
nolwithstanding aaything iu this Conlract to the contracy, to lhe full extent
permitted by state law the City may require compliance with any amendments .
to the City's Comprehensive Plan, official controls, plutling or dedication
rcyuireuieats euacled after the date of lhis Contract.
a. t)evrlupweui Pluus. 'I'!�c ��lui sl►�ll be cleveloped in accorcluncc
witb the followiag plaas. The plai►s shal! aot be attached to this Conlract.
With the exception of Plan A, the plans may be prepared, subject to City
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approval, after eatering the C�atract, but before conimeacen�ent of any work
in the plat. lf the plans vary frum the written terius of this Contrac[, the
written terms shall control. The plans are:
Plan t�--Plat
Plaa B--Soil Erasioa Gontrol Plaa and Schedule
Plaa C--Engioeering Feasibility Report ,
Plan D--Plans aad Specifications for Fublic Improvements
Plaa E--Grading Plan
Plaa F--House PaJ Elevations
� Plan G--Street Ligbts
S. Installatlup of Public lmprovements. The Developer shall design
aud construct the following public improvements within the plat:
A. Storm Sewer
B. Streets
C. Concrete Curb and Gutter
D. Street Lights
E. Site Grading
�. Surveyiag and Staking
G. Setting of Lot and Block Monuments
H. Electric, Phone Utilities aad Cabte Televisioa, if cabte
televisi�n is avaitable to the plat.
Temporary cul-cie-sacs shalt be iastalted at alt locations where streets
temporarily dead end, whether due to phasing within the development or
where future extensions are proposeJ oulside of the development. The
improvements shall be iastalled in accordance with City standards, ordiaances
aud plans and specifications which have been prepared by a competeat
registered professionai engineer lurnislied to the City and approved by the •
Cily Engiaeer. Tt�e City will provid� quality coc�trpl inspection through its
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c�usultnnt/agents, at the Develuper's expense, to assure an aceeptable tevel of
quality controt to the extent [hat tLe coastruction work meets the approved
City stanJards as a conditiUn of City acceptance. The Developer's engineer
shali be responsible for the interpretatiaa of the designer's intent of the
plans and specifications, however, the City's consultant/ageut shall be
responsible for determining whether the ptaas and specifica[ions meet City
standards. The Developer's engineer is also responsible for an adequate leve!
of inspection to insure the completion of accurate "record" pians. The
Developer or his eagineer shall schedute a preconstruction meetiag at a
mutually agreeable time at the City Council chambers with all parties
concerued, includiag the City staff, �o review the program for the
construction wnrk. Within lhirty (30) days after the completioa of the
improvemeats and before the security is released, the Developer shall supply
the City with a complete set of repraducible "record° plans and three (3)
blueline copies of "record" plans.
6. Time of PerCormuuce. The Developer shall install all required
iaiprovements by , 198 . except bituminous
wear course on streets. The Develaper may, however, request an extension of
liwe !'rom tbe City. !f un cxlensiun is grui►tcJ, it sl�ali t�e conditioued upuu
upJaling the security pusted by th� Ueveloper to reflecl cost iscreases and
tbe extended completion date.
7. Llcease. The Developer hereby grants the City, its agents,
employees, officers aad contractors a ticense to enter the plat to perform a1l
wurk anct inspc;ctioas deen�ed appr�priale by the Cily during lhe installation
of public improvemeuts by the City. The liceuse shalt expire after the pubiic
improveu�eats to be instatlea pursuant to this llevelopmeat Contract have been
installeJ and accepted by the Cily.
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8. Cleuu up. '1'he Develo�er shall proruptly clean dirt ssnd debris
from streels that has resulted from construc[ion work by the Deveioper, its
agents or assigns.
9. Ownersbip of Improvements. Upon completioa of the work and
coastruction required by this Cantract, Che improvemeats lying wi[hin public
easements shall become City proper[y wilhout furlher uotice or action.
10. Flnal Acceptance. The City Council shall approve final
acczptance based upon recommendation by the City Engineer. The City
Engiaeer's cecomweadation wild occur upon successful completion of a final
inspectioa made by the Deveioper's contractor and engineer and City
authurized representaiives. �` •
11. 5ecurlty. Tt�e Developer sbaU furnish the City with an
irrevocable letter of ccedit for $82,170.00. The amouat vkas calculated as
follows:
Streets and Drainage � 67,000
Street Lights $ 2,700
Erosion Contral/Landscaping � 5,000
Engiaeeriag, Surveying and
Inspection $ 7,470
The baak aad form of [he leUer of creciit shall be subject to the approval of
tue City Adn�inistrator. The letter of creait shall be for a term ending
December 31, 1991. ln ihe alternative, the letter of credit may �e for a oae
year tercn pravided it is autoa�aticalty renewable for successive one year
periuds from the present or any future expira�ion dates with a final
expiratioa date of December 31, 1991, unless sixty (60) days prior to an
expiration date the bank noUfies the City lhal it elects not to reaew for an
aJditional perioJ. The I�tt�r uf cr�dil s1iaU secure compliunce wilh the tcrms
of lhis Contract, payment of special assessments, and all financial obligations
of the Developec under it. Th� City i�iay draw down an the letter of credit�
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withc�ut uotice u�ua receiving uotice that tl�e letler o� credit will be altowed
to lapse before December 31, 19)1. ta tt�e event of a default under this
Ueveio�meut Cantract by tbe D�veloper, the City shalt furnish t6e Developer
with written notice by certified niait of Developers default(s) under the terms
of this Development Coatract. lf the Devetoper cioes not remove said
de[ault(s) within two (2) weeks of receiving notice, the City may draw on the
letter of credit.
Upoa the Developer's written request the letter of credit shall be
reduced from time to time, but uot more than twice a year, by ninety percent
(90%) of tbe amouats paid by the Developer tor t6e design and construction
cif the public ianprovemencs withiu the plat based upon lien waivers or other
evidence of paymeut satisfactory to the City to be furnished by tbe
l�eveloper.
12. Wurranty. The Developer warrants all work required to be
performed by it againsl poor material and fautty workaranship for a period of
one (1) year after its comptetioa and acceplaace by the City. All trees,
grass, aad sod, shali be warranted to alive, of good quality and disease free
for twelve (12) months after plantiag. Any replacements shali be warraated
for twelve (12) months from the time of ptanting. The Devetoper shalt post
maintenance bonds or other security acceptable to the City to secure the
warranties.
13. Responsibillty for Costs.
A. Except as otherwise specified herein, the Developer shall pay
atl costs iacurred by it or the City in conjunction with the development of
the plat, including but not limited to Soil and Water Conservatiaa District
charges, legal� planning, eagineering and inspection expenses incurred in
connectioa with approval aad acceptance of the plat, the preparation of this
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Coutract, and alt costs and expenses iucurred Gy tbe City in monitoriag and
inspectiag development of the plal.
B. The Developer shal! hold the City and its officers and
empluyees harmless fcani claims aiadc by ilself and third perlies for damages
sustained or costs incurred resulting frora plat approval and development.
The Developer shall indemnify the Ci[y and its officers and employees for all
costs, damages or expenses which the Gity may pay or incur ia eottsequence
of such claims, including attorney's fees.
C. The Developer shall reimburse t6e City for costs incurred in
the enforcemeat of this Coatract, including engineering and attoraey's fees.
D. The Developer shal! pay, or cause to be paiei when due, and
ia any event before any penalty is atlached, alt special assessraents referred
to iu this Contract. This is a personal obligation of the Developer and shall
contittue in full force and effect even if the Developer sells one or more lots,
t6e entire plat, ar any part of it.
E. The Aeveloper shall pay ia full atl bills submitted to it by
the City for obligalious incurreJ uuder �his Contract withia tGirty (30) days
aftec receipL If the bills are not paid on time, the City may halt plat
devetopment and construction unlil the bitls are paid iu full. $ills not paid
within thi�ty (30) days shall accrue interest at the ralr of 8°/u per year.
F. in additiou tc� the cl�ar�es aad speciet assessments referred
to herein, otber charges and special assessruents may be imposed such as but
aot li,n�ited to buiidiag permit fees.
14. I.audscaping and Trees.
A. The Developer shall nut damage or remove any trees except
as iadicated an the grading plans ta be approved by [he City and submitted
with the plat. Trees shall be protecte�l from destruction by snow fences,
flagging, staking, or otber siinilar meaas during �rading and construction.
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B. 'l'he Uevelup�r or hon�eowner shull plant prior to or o�
issuance of a certificate of occupancy �ne boulevard tree per one bundred
(l0U) lineal feet of fr�nta�e c�a each side di tue proposed street.
(1) Trees shall be two inch caliper sbade trees with roots
balled and burlappeci or bare roots in season, and shalt
be planted in the boutevard ia accordaace with plans to
be approved by the City. .
(2) Ail trees� plantings, sod, grass, and the like required by
any provisions of this Agreement sha!! be guaranteed by
the Developer to be ative, healthy, and disease free for
one year.
1S. Utillly, Poud, aud Uraivage Ea�euueats. The Developer shall
JeJic�te to tbe City at the time of finat pfat approvat utility, drainage, and
Qonding easements located witbin or outsidc t6e plat, iacluding access, as
required to serve the development.
16. Park lledicatlon. Based upon the maximum number of housing
units permitted in the ptat, the tota! park dedication for the development is
0.32 acres. To meeE this dedication requirement the Developer shalt make a
cash coatribution of $2,560.00 to lhe City before the City sigus the plat.
17. Ueveloper's UePault. ln the event af default by the Developer as
to any uf the work to be performed by it hereunder, the City may, at ils
option, perform the work and the Developer sha11 promptly reimburse the City
for auy expense incurred by the City, provided the Developer is first given
notice of the work in default, not less than 48 hours in advauce. This
Coatract is a license for the city to act, and it shal! not be necessary for
the City to seek a Court order for permission to eater the lauci. When the
City does aay such work, the City may, in addition to its other remedies,
assess the cost in whole or in part.
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18. Miscelluueous.
A. The Dzveloper represents to tl�e Ciiy that the ptat complies
with att city, c�unEy, ,metropolitan, state and federal laws and regulations,
including but not limited to: subdivisioa orciiaances, zoning ordinances and
euviroameata! regutations. !f the City determines that the plat does not
comply, lhe City may, at its optioa refuse to allow construclion or
devel�pmenl. work in the plat unlil the Developer cioes comply. Upon the
City's de�ttand, the Developer shall cease work until there is comp{iance.
B. Tl►ird parties shall have no recourse agaiast [he City under
tl�is Coatract.
C. Breach of the terms of this Coatract by the Develope� shall
be grounds for denial of building permits, iacludiag lots sold to third parties.
D. If aay portion, section, subsection, sentence, clause,
paragraph or p6rase of this Coutract is for any reasaa held invalid� such
decisi�n shall not affect lhe validity of the remaiaing portion of this
Contract.
B. lf buitding permits are issued prior to the completion and
acceptauce of public iwprovem�nts, the Developer assumes all liability �nd
costs resulting in delays in cumpletioa of public improvements and damage to
public improvements caused by the City, Developer, its contractars,
subcontractors, materialmen, empfoyees, agents or third parties. No oae may
occupy s building for which a building permit is iasued oa either a temporary
or permaneat basis uatil the streets ueeded for access have been paved with
a biwminous surface.
F. The action or inaction of the City shatl uoC constitute a
waiver or amendmeat to the provisions of this Contract. To be binding,
ameadments or waivers shall be in writiag, signed by the parties and approved
by written resalu[ion ot the City Council. The City's failure to promptly take
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legal action ta enforce this C;ontrac[ shall uoE be a waiver or release.
G. The Developer represents ta the City to the best of its
knowledge Ihat the ptat is not of "metropolitan significance" and that an
environmental impact stalemen[ is not reguired. If the City or another
governmental enti[y or agency determines thal such a review is needed,
however, the Developer shalt prepare it in compliaace with legal requirements
so issued from the agency. The Developer shall reimburse [he Ci[y for all
expenses, includiag staff time and attorney's fees, that ihe City incurs in
assisting in the preparation of the review.
H. This Coatract shall run with the land and u►ay be recorded
agaiasl the titlo to tbe property. After the Developer has corapleted the
work requirecl of it under this Contract, at the Devetoper's request the City
will execute anct deliver to the Developer a release.
I. Each right, power or re�nedy herein conferred upon the City
is cumulative and ia addition to every other right, power or remedy, express
or implied, now or hereafter arising, available to City, at iaw or in equity, or
under aay other agreement, and each and every righl, pawer and remedy
herein set forth or otherwise so existing may be exercised from lime to time
as oftea and in such or�ter as may be deemed exQedient by the City and shall
aot be a waiver of the right to exercise at any time thereafter any other
righl, power or remedy.
19. Notices. Required notices to [he Developer shall be in writing,
and shall be either haad detivered to the Developer, its employees or ageats,
or mailed to the Developer by regislered mail at lhe following address: 4580
Scott Trail, Suite 100, Eagan, Minnesota 55122. Notices to the City shall be
in wriliag aad shat! be either hand detivere�i ta the City Administrator, ar
wailed to the City by registered mail in care of the City Administrator at t6e
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fuilc�wing adctcess: itosemount City Hall, 2875 145th Street West, Rosemouat,
Miunesota 55�68, AUeniion: City Adniinistrator/Clerk.
CITY UF RUSEMUUNT
BY:
Rullan �ioke, Mayor
B Y:
Stephan JiYk, Clerk/Administrator ,
EGGUM INVESTMENTS
BY:
Marv Eggura� President : :
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STATE UF MlNNESOTA)
) ss
CUUN1'Y UF UAtiUTA )
The foreg�in� instrument was ackuowledged before
�ue this day of 1989, by Rollan
Hoke, Mayor, aad Stephaa Jilk, Clerk/Administrator, of the City of
Rasemount, a Minnesota municipal corporatioa, on behalf of the corporalion
anJ pursuan[ to the suthority granled by its City Council.
• Notary Public
STATE O�' MINNESOTA)
) ss
COUNTY UF DAKOTA )
The foregoiug instrument was ackaowledged before rae this
day of , 1989, by ,. .
Notary Public
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Consent
, fee owners
af alt or part of the subject property, the developmen[ of whicb is goveraed
by the foregoing Deveiopment Contract, affirm aad consent to the provisions
tbereof and agree to be bouad by the provisions as the same may apply to
[hat portion of the subject property ownecl by them.
Dated this day of
1989.
5TATE �F MtNNE5UT!► �
) ss
CUUNTY OFUAKOTA )
The foregoing instrument was acknowledged before rae this
daY of . 1989,
Notary Public
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