HomeMy WebLinkAbout6. O'Leary's PUD Final Development Plan / Rezoning�j
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P UBLIC NOTICE
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount
will hold a series of Public Hearings on Tuesday, July 21, 1987, in the
Council Chambers of the City Hall, 2875 145th Street West, beginning at
8:00 p.m. and continuing until the following items have been heard:
TEM #1: The purpose of this hearing is to consider the
O'Leary's Hills PUD Final Development Plan on
property located in the South Half of the Northeast
Quarter of Section 31, Township 115, Range 19.
ITEM #2: The purpose of this hearing is to consider the petition
of Parkview Inc. for rezoning the following described
parcel from AG Agriculture to R-1 Single Family
Residential:
The west 1150 feet of the South half of the Northeast
Quarter (S 1/2 of NE 1/4) of Section 31, Township 115,
Range 19, except O'Leary's Hills 2nd Addition.
Such persons as desire to be heard with reference to any of these
hearings will be heard at this time.
Dated this 2nd day of July, 1987.
Stepha Jilk, Adm' 'strator/Clerk
City of Rosemount
Dakota County, Minnesota
illd 2875 -145TH ST. W.
�ROSEMOUNT. MINNESOTA 55068
oseni o u n t 612-423-4411
AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE
STATE OF MINNESOTA.
COUNTY OF DAKOTA)ss
CITY OF ROSEMOUNT)
Stephan Jilk, being first duly sworn, deposes and says:
I am a United States citizen and the duly qualified Clerk of the City of
Rosemount, Minnesota.
On July 7, 1987, acting on behalf of the said City, I posted at the City
Hall, 2875 145th Street West, and deposited in the United States Post
Office, Rosemount, Minnesota, copies of the attached notice of public
hearings for O'Leary's Hills PUD Final Development Plan and Rezoning,
enclosed in sealed envelopes, with postage thereon fully prepaid,
addressed to the persons listed on the attached listings at the addresses
listed with their names:
There is delivery service by United States Mail between the place of
mailing and the places so addressed.
StephA Jilk
Administrator/C/rk
City of Rosemount
Dakota County, Minnesota
Subscribed and sworn to before me this 7_ day of July, 1987.
Not ry PubliS,,.,/
�AAAAAAAAAMAAAAAAAAAAAAAAAAAAA&n
SUSAN PA. JOHNSON
NOTARY PUBLIC --MINNESOTA
DAKOTA COI .NlY
MY COMM EXPIRES JU1NE 11. 1992
N%NVVW
O'LEARY'S
HILLS PUD FINAL DEVELOPMENT
PLAN - MAILING LIST
O'LEARY'S HILLS 1ST ADDITION
1.
Thomas O. & Nancy L. Mu f f
Lot 1, Block 1
3762 155th Street West
Rosemount, MN 55068
2.
Janice Mills
Lot 2, Block l
3744 155th Street West
Rosemount, MN 55068
3.
Thomas W. & Peggy Pavlak
Lot 3, Block 1
3730 155th Street West
Rosemount, MN 55068
4.
Paul J. & Marthanne Strand
Lot 4, Block 1
3716 155th Street West
Rosemount, MN 55068
5.
Scott & Rosann Weber
Lot 5, Block 1
3700 155th Street West
Rosemount, MN 55068
6.
Duane J. & Ida Richards
Lot 6, Block 1
3684 155th Street West
Rosemount, MN 55068
7.
Gregory L. & Julia Barnes
Lot 7, Block 1
3670 155th Street West
Rosemount, MN 55068
8.
Henry Construction Co.
Lot 8, Block 1
3480 Upper 149th Street West
Rosemount, MN 55068
9.
Perry Michael Wuellner
Lot 9, Block 1
3642 155th Street West
Rosemount, MN 5506$
10.
Bertha L. Carter
Lot 10, Block 1
3626155th Street West
Rosemount, MN 55068
11.
Steven G. & Lisa Downer
Lot 11, Block 1
3612 155th Street West
Rosemount, MN 55068
12.
Steven A. & Natalie Olsen
Lot 12, Block 1
3596 155th Street West
Rosemount, MN 55068
13.
Lawrence C. & Karen Meyer
Lot 13, Block 1
3584 155th Street West
P.O. Box 28
Rosemount, MN 55068
14.
Donald & Gail Hayes
Lot 14, Block 1
3566 155th Street West
Rosemount, MN 55068
r
15.
David E. & Donna Kulseth
Lot 15, Block 1
3552 155th Street West
Rosemount, MN 55068
16.
James F. & Jacqueline Hahn
Lot 16, Block 1
3536 155th Street West
Rosemount, MN 55068
17.
Michael D. & Linette Bentley
Lot 17, Block T
3520 155th Street West
Rosemount, MN 55068
18.
Nicki L. Kimber
Lot 1, Block 2
3761 155th Street West
Rosemount, MN 55068
19.
Ellsworth & Clarice Senum
Lot 2, Block 2
3743 155th Street West
Rosemount, MN 55068
20.
Allan D. & Carrie Luce
Lot 3, Block 2
3729 155th Street West
Rosemount, MN 5506$
21.
Vivian V. Wilson
Lot 4, Block 2
3715 155th Street West
Rosemount, MN 55068
22.
Dan M. Dressel
Lot 5, Block 2
3699 155th Street West
Rosemount, MN 55068
23.
Norbert & Jacky Weber
Lot 6, Block 2
3683 155th Street West
Rosemount, MN 55068
24.
Ronald & Catherine Whiteman
Lot 7, Block 2
3669 155th Street West
Rosemount, MN 55068
25.
James & Janette Miller
Lot 8, Block 2
3657 155th Street West
Rosemount, MN 55068
26.
Roger D. & Sharon A. Lemay
Lot 9, Block 2
3641 155th Street West
Rosemount, MN 55068
t
27.
Larry L. & Lynn Mondry
Lot 10, Block 2
3625 155th Street West
Rosemount, MN 55068
28.
John C. & Patricia A. Greene
Lot 11, Block 2
3611 155th Street West
Rosemount, MN 55068
29.
Thomas J. & Marion Zangs
Lot 12, Block 2
3595 155th Street West
Rosemount, MN 55068
30.
Russell D. Meyer
Lot 13, Block 2
3583 155th Street West
Rosemount, MN 55068
O'LEARY'S
HILLS 2ND ADDITION
31.
Parkview Inc.
Lots 1-8 & 10-13, Block 1
3480 Upper 149th Street West
Lots 1-4, Block 2
Rosemount, MN 55068
Lots 1-3, Block 3
32.
Parkgreen Inc.
Lot 5, Block 2
P.O. Box A
Lots 4-6, Block 3
Rosemount, MN 55068
33.
Timothy & Kristi Ostertag
Lot 9, Block 1
3866 155th Street West
Rosemount, MN 55068
34.
Ronald C. & Patricia Lovelace
Lot 7, Block 3
3805 155th Street West
Rosemount, MN 55068
VALLEY
OAK ADDITION REPLAY
35.
Richard Jr. & K. Carpenter
Lot 9, Block 1
15576 Cornell Trail
Rosemount, MN 55068
36.
William R. & Linda Sheehan
Lot 10, Block 1
15578 Cornell Trail
Rosemount, MN 55068
37.
Charles & LaDonna Mankowski
Lot 11, Block 1
15572 Cornell Trail
Rosemount, MN 55068
38.
Geoffrey C. & Sibyl J. Roche
Lot 12, Block 1
15574 Cornell Trail
Rosemount, MN 55068
39.
Michael H. Weise
Lot 13, Block 1
15568 Cornell trail
Rosemount, MN 55068
40.
Steven J. Burow
Lot 14, Block 1
15570 Cornell Trail
Rosemount, MN 55068
41.
TCF Banking & Savings
Lot 15, Block 1
801 Marquette Avenue
Minneapolis, MN 55402 ,
42.
Gerald E. Giesler
Lot 16, Block 1
15566 Cornell trail
Rosemount, MN 55068
43.
John C. & B.J. Boyer
Lot 17, Block 1
2712 Loop Road North
Burnsville, MN 55337
44.
Susan E. & Mary Meisenholder
Lot 18, Block 1
15562 Cornell Trail
Rosemount, MN 55068
45.
Karl Konkler
Lot 19, Block 1
3687 156th Street West
Rosemount, MN 55068
46.
Andrew W. Ostertag
Lot 20, Block 1
15558 Cornell Trail
Rosemount, MN 55068
SOUTH
ROSE PARK ADDITION REPLAY
47.
Detlefsen Properties
34-71150-028-02
230 Scout Circle
Burnsville, MN 55337
48.
Clifford W. Carlson
Lot 3, Block 2
15125 South Robert Trail
Lot 6, Block 2
Rosemount, MN 55068
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PLANNED UNIT DEVELOPMENT
AND SUBDIVISION AGREEMENT
AGREEMENT dated , 1987, between the CITY OF
ROSEMOUNT, a Minnesota municipal corporation (the "City") and PARKVIEW,
INC., a Minnesota corporation (the "Developer").
1. Request for Planned Unit Development Approval. The
Developer has asked the City to approve a Planned Unit Development to be
known as O'LEARY'S HILLS ADDITIONS (the "Development") on the following
described land:
The Southeast Quarter of the Southwest Quarter of the Northeast
Quarter of Section 31, Township 115, Range 19, Dakota County,_
Minnesota.
2. Planned Unit Development Approval. The City hereby grants
Final Development Plan approval subject to the approval of final plats'
and compliance with this Agreement. The City agrees to approve final
plats which are substantially similar to the phases shown on the Final
Development Plan, attached hereto as Exhibit "A", provided such plats
are consistent with the conditions herein and all other City
requirements which are in effect. The City has previously granted
approval as to phases one and two. Development Contracts must be entered
into for each remaining final plat.
If future modifications to the development are proposed,
the maximum density for the development may not exceed three (3) units
per acre. The Developer will be required to maintain the following
minimum side yard setbacks for all single family dwellings. The minimum
lot width on interior lots is 75 feet and on corner lots 90 feet. The
minimum side yard setback is 10 feet except that the minimum side yard
setback on the side yard of a corner lot that abuts a street is 30 feet.
-1
Prior to the issuance of any permits in any plat, the
Developer shall furnish the City with a complete set of building plans
for each home model and the tentative locations of the various models
within each plat. The Developer shall construct a variety of home styles
in alternative locations which shall be subject to City approval.
3. Phased Development. The City may refuse to approve final
plats if the Developer has breached this Agreement and the breach has
not been remedied. Development of a plat may not proceed until a
development contract for each plat has been approved by the City.
4. Effect of Approval. For two (2) years from the date of
this Agreement, no amendments to the City's Comprehensive Plan, or
official controls shall apply to or affect the use, development density,
lot size, lot layout, or dedication requirements of the development
unless required by state or federal law or agreed to in writing by the
City and the Developer. Thereafter, notwithstanding anything in this
Agreement to the contrary, to the full extent permitted by state law,
the City may require compliance with any amendments to the City's
Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Agreement.
5. Compliance with Laws and Regulations. The Developer
represents to the City that the proposed development complies with all
City, County, Metropolitan, State, and Federal laws and regulations,
including but not limited to: Subdivision ordinances, Zoning ordinances,
and Environmental Regulations. The Developer agrees to comply with such
laws and regulations.
6. Park Dedication. Based upon the remaining maximum number
of housing units permitted in the Final Development Plan, the total
-2-
remaining park dedication for the development is 6.3 acres. The
Developer shall make a cash contribution to the City in lieu of land
dedication. The Developer shall pay the cash contribution required for
each phase of the development within thirty (30) days of execution of
the Development Contract for the phase. The acreage to be dedicated per
phase shall be determined by the formula .04 x number of lots = number
of acres. The amount of cash contribution per acre required for each
phase shall be specified in the Development Contract. Any amendments to
the Final Development Plan, causing an increase or decrease in the
number of housing units, will result in a corresponding increase or
decrease in the amount of cash contribution to the City.
7. Landscaping and Trees.
A. Developer shall not damage or remove any trees except
as indicated on the grading plans approved by the City. Trees shall be
protected from destruction by snow fences, flagging, staking, or other
similar means during grading and construction.
B. The Developer shall plant one boulevard tree per lot
and two boulevard trees per corner lot in accordance with the applicable
Federal Housing Administration specifications except as modified herein.
(1) Trees shall be two inch caliper shade trees with
roots balled and burlapped, or bare roots in season, and shall
be planted in the boulevard in accordance with plans to be
approved by the City.
(2) Landscaping of multiple family or commercial
development shall meet minimum requirements established by the
City at the time of either development.
-3-
(3) All trees, plantings, sod, grass, and the like required
by any provision of this Agreement shall be guaranteed by the
Developer to be alive, healthy, and disease free for one year.
8. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the plat
to perform all work and/or inspections deemed appropriate by the City
during the development of the plat.
9. Utility, Pond, and Drainage Easements. The Developer
shall dedicate to the City at the time of final plat approval utility,
drainage, and ponding easements located within or outside the plat,
including access, as required to serve the plat.
14. Installation of Public Improvements. Addendums to this
Agreement providing for installation of the following public
improvements, approval of construction plans and specifications, and
payment of the cost of the improvements shall be entered into by the
City and the Developer prior to final plat approvals:
A. Sanitary Sewer Systems
B. Water Systems
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Sidewalks and Trails
H. Street Lights
I. Park Grading and Seeding
J. Civil Defense Sirens
-4-
Temporary cul-de-sacs shall be installed at all locations where streets
are temporarily dead ended, whether due to phasing within the
development or where future extensions are proposed outside of the
development. The City may, at its option, require a cash escrow from the
Developer to pay for the future costs of reconstruction. The City may
require the Developer to post a letter of credit equal to 100% of the
cost of all public improvements or equal to the assessment resulting
from the public improvements together with one year of interest prior to
approving any final plats.
11. Ownership of Improvements. Upon completion, approval, and
acceptance of public improvements in the plat, the improvements
dedicated to the public by final plat or separate instrument shall
become City property without further notice or action.
12. Erosion Control. As the development progresses, the
Developer shall adhere to the erosion control requirements set forth by
the City, and shall take such other steps as the City Engineer may
reasonably determine are necessary to control erosion.
13. Grading Plan. The Developer shall submit to the City a
site grading and drainage plan showing the grades and drainage for
streets and each lot designated by lot and block on final plats prior to
the preparation of plans and specifications of public improvements for
the development. The Developer shall submit a certified survey of the -
development to the City after site grading, illustrating street and lot
grades prior to the installation of public improvements.
14. Clean up. The Developer shall promptly clear any soil,
earth, or debris from streets or other property outside of the
development and from improved streets and occupied lots within the
-5-
development resulting from construction or other disturbance by the
Developer.
15. Responsibility.
A. Except as otherwise specifically provided, the
Developer shall pay actual costs incurred by it or the City in
conjunction with the approval and development of the plat, including but
not limited to legal, planning, engineering and inspection expenses in
accordance with fees adopted or accepted by the City.
B. The Developer shall hold the City, its officers,
agents, and employees harmless from claims by itself and third parties,
including but not limited to lot purchases, other property owners,
contractors, subcontractors, and materialmen, for damages sustained,
costs incurred, or injuries resulting from approval of the Agreement,
the development, final plats, plans and specifications and from the
resulting construction and development except for construction work
performed by the City. The Developer shall indemnify the City, its
officers, agents, and employees for all costs, damages, or expenses,
including engineering and attorney's fees which the city may pay or
incur in consequence of such claims.
C. The Developer shall reimburse the City for costs
incurred in the enforcement of this Agreement, including engineering and
attorney's fees.
D. The Developer shall pay in full all bills submitted to
it by the City within thirty (30) days. 2f the bills are not paid on
time, the City may halt all plat development work until the bills are
paid in full.
-6-
16. 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 expenses incurred by the City,
provided the Developer is given written notice of the work in default
not less than thirty (30) days prior to the City's commencement of the
work. The City and the Developer recognize that weather conditions may
affect the ability of the Developer to perform the work required to be
performed hereunder, and agree that such thirty (30) day period shall
not include those days on which weather conditions preclude performance
by the Developer. Notice to the Developer shall constitute without
further action, notice to any contractor or subcontractor. This
Agreement is a license for the City to act. When the City does any such
work, the City may, in addition to its other remedies, assess the cost
in whole or in part. If deemed impractical by the City, the above notice
requirements shall not be required for the City to control erosion
problems or in responding to other situations which may jeopardize
public health, safety, and welfare.
17. Execution of Documents. Upon compliance by the Developer
with the representations and requirements of said documents, the City
will execute documents necessary to obtain Federal Housing
Administration and Veteran's Administration Subdivision Approval letter
and an Engineer's Subdivision Completion letter.
18. Assessments. Except to the extent modified herein, the
parties mutually agree that all public improvements required and
installed by the City shall be assessed pursuant to Chapter 429 of
Minnesota State Statutes, and such assessments shall be for a period of
-7-
not less than three (3) years, with the exception of assessment made
pursuant to paragraph 16 of the Agreement, unless waived by the
Developer. The Developer, however, waives any and all claims that the
assessments that will be made pursuant to this Agreement exceed the
benefit to the property.
19. Miscellaneous.
A. This Agreement shall be binding upon the parties,
their heirs, successors or assigns, as the case may be.
B. Breach of any material term of this Agreement by the
Developer shall be grounds for denial of building permits. The City
shall give the Developer thirty (30) days advance notice prior to
exercising its right to deny permits.
C. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this Agreement is for any reason held invalid as
a result of a challenge brought by the Developer, its agents or assigns,
the City may, at its option, declare the entire Agreement null and void,
and approval of the preliminary plat and final development plan shall'
thereby be revoked.
D. No one may occupy a building for which a building
permit in the plat is issued, on either a temporary or permanent basis,
until public sanitary sewer and water lines have been installed, hooked
up, tested, and approved by the City. Occupancy prior to street
completion may be permitted, at the City's discretion, by separate
agreement. The timetable for issuing building permits, prior to the
completion of public improvements, shall be determined by the City
Engineer. The Developer shall be responsible for any damages to public
-8-
improvements caused by it or its contractors or agents, if authorized on
the site prior to the completion of public improvements.
E. The action or inaction of either party shall not
constitute a waiver or amendment to the provisions of this Agreement. To
be binding, amendments or waivers shall be in writing, signed by the
parties, and approved by written resolution of the City Council. Either
party's failure to promptly take legal action to enforce this Agreement
or the security after expiration of time in which the work is to be
completed shall not be a waiver or release.
F. This Agreement shall run with the subject land and may
be recorded in the Dakota County Recorder's Office.
G. The Developer represents to the City that the
development is not of "metropolitan significance" and that a state
environmental impact statement is not required. However, if the City or
another governmental entity or agency determines that a federal or state
impact statement or any other review, permit, or approval is required,
the Developer shall prepare or obtain it at its own expense. The
Developer shall prepare or obtain it at its own expense. The Developer
shall reimburse the City for all expenses, including staff time and
attorney's fees, that the City incurs in assisting inn preparation.
H. This Agreement shall be liberally construed to protect
the public interest
I. The Developer shall pay Metropolitan newer
Availability Charges, City sewer connection charges, and City water
connection charges at the time building permits are issued at the then
current rate.
-9-
J. Due to the preliminary nature of many of the exhibits
and the timing of the overall development, addendums to this Agreement -
may be required to address concerns not specifically set forth herein.
Such addendums shall be limited to those items normally included in
subdivision agreements and shall not be inconsistent with the intent of
this Agreement.
20. 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 certified or
registered mail at the following address: 3480 Upper 149th Street West,
Rosemount, Minnesota 55068. Notices to the City shall be in writing and
shall either be hand delivered to the Administrator/Clerk or mailed to
the City by certified or registered mail in care of the
Administrator/Clerk at the following address: Rosemount City Hall, 2875
- 145th Street West, Rosemount, Minnesota 55068.
IN WITNESS WHEREOF, the parties have hereunto set their hands
the day and year first above written.
CITY OF ROSEMOUNT
BY:
Leland S. Knutson, Mayor
BY:
Stephan Jilk
Administrator/Clerk
PARKVIEW, INC.
BY:
Its
-10-
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
On this day of 1987, the foregoing
instrument was acknowledged before me by Leland S. Knutson, Mayor, and
by Stephan Jilk, Administrator/Clerk, of the City of Rosemount, a
Minnesota municipal corporation, on behalf of the corporation and
pursuant to 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 1987, by the
of Parkview, Inc., a Minnesota corporation, on
behalf of the corporation.
NOTARY PUBLIC
DRAFTED BY:
Grannis, Grannis, Farrell
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1661
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CITY OF ROSEMOUNT
ORDINANCE NO. XVII.81
AN ORDINANCE AMENDING ORDINANCE NO. XVII.3 - ZONING ORDINANCE
The City Council of the City of Rosemount, Minnesota ordains as
follows:
SECTION I. Ordinance No. XVII.3, adopted October 19, 1972, entitled,
"ZONING ORDINANCE, VILLAGE OF ROSEMOUNT, DAKOTA COUNTY,
MINNESOTA," is hereby amended to rezone from Agriculture District to
R-1 Single Family the following described property located within the
City of Rosemount, Minnesota, to -wit:
That property described as O'Leary's Hills Third Addition.
SECTION II. The Zoning Map of the City of Rosemount referred to
and described in said Ordinance No. XVII.3 as that certain map entitled,
"ZONING MAP, VILLAGE OF ROSEMOUNT, 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 rezoning 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 III. This Ordinance shall be in full force and effect from and
after its publication according to law.
Enacted and ordained into an Ordinance this 21st day of July, 1987.
i
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i
I
Leland S. Knutson, Mayor
ATTEST:
Stephan Jilk, Administrator/Clerk
t
60
CITY OF ROSEMOUNT
RESOLUTION 1987-
A RESOLUTION GIVING APPROVAL TO THE
O'LEARY'S HILLS PUD FINAL DEVELOPMENT PLAN
WHEREAS, the City of Rosemount has approved a revised PUD
Concept Plan for the residential development of that property
located in the south half of the Northeast Quarter (S 1/2 of NE
1/4) of Section 31, known as O'Leary's Hills; and
WHEREAS, the Planning Commission and the City Council of the
City of Rosemount have approved the O'Leary's Hills Concept
PUD; and
WHEREAS, the Planning Commission has reviewed the PUD Final
Development Plan for O'Leary's Hills and submitted its
recommendation for approval to the City Council; and
WHEREAS, the required public hearing and notifications have been
completed.
NOW THEREFORE BE IT RESOLVED, that the City Council of the
City of Rosemount approves O'Leary's Hills PUD Final
Development. Plan, subject to an executed PUD Agreement.
Agreement.
Adopted this 21st day of July, 1987.
Leland S. Knutson, Mayor
ATTEST:
Stephan Jilk, Administrator/Clerk