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HomeMy WebLinkAbout6. O'Leary's PUD Final Development Plan / Rezoning�j q0 2RS146111Sr W osekho'un nosFMountT. n4lntn612- 42 -4411 812--423-44ii 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 r 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 -11- 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 I 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