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HomeMy WebLinkAbout8.b. Rosewood Comprehensive Guide Plan Amendment from UR Urban Residential to C CommercialCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date December 21, 2004 AGENDA ITEM: CASE 04 -82 -CP Comprehensive Guide Plan AGENDA SECTION: Amendment from UR Urban Residential to C New Business Commercial PREPARED BY- Kim Lindquist, Community Development AGENDA NO. Director e 6 ATTACHMENTS: Location Map, Draft Resolution, Committee of the Whole Packet 07- 11 -01, Memo from Police Chief regarding Crime Information, Residential Value Data, WSB Commercial Access Options, Rosewood Estates Resident APPROVED BY: Letters, Planning Commission Minutes and Packet 11- 23 -04, Council Work Session Packet 02 -11 -04 /V`� RECOMMENDED ACTION: Motion to adopt a resolution amending the Comprehensive Guide Plan for two properties in the Rosewood Area from UR Residential to C Commercial ACTION: ISSUE The City has initiated a reguiding of residentially designated property in the Rosewood Estates area of the community The property proposed for reguiding fronts along County Road 42, west of Biscayne Avenue and north of existing commercial, immediately east of the main line railroad tracks A location map of the two areas is attached Staff is not recommending rezoning of the property at this time. BACKGROUND In January 2004, the City Council discussed at a workshop session the idea of reguiding and rezoning some of the existing property within the MUSA to commercial The site discussed was north of existing commercial property along County Road 42, just west of the railroad tracks The reason for the discussion was the lack of commercial land in the City, the Council's goal of attracting additional businesses into the community, and the site's location which makes it less desirable for residential development Applicant Property Owner(s) Area in Acres Current use City of Rosemount, Applicant Progress Land Company, Owner Western parcel 14 9 acres Eastern parcel 17 3 Vacant Current Comp Plan Desig Urban Residential Requested Comp Plan Desig Commercial Current Zoning R1 Low Density Residential District DISCUSSION The application before the Council is prompted by staff who began an inventory of commercial property within the City at the end of 2003 It became apparent that, while the Council wanted to attract additional business to the community, there was very little vacant land to develop A review of potential commercial sites was undertaken and the western 14 9 acre parcel brought before the Council for discussion in January 2004 This parcel was recommended for regurding due to its location along County Road 42 to provide good visibility and in recognition of the traffic volumes along 42 The recommendation was also made because of its proximity to the mainline of the Union Pacific railroad It is estimated that approximately 14 -18 trains travel that line a day This amount is substantially higher than the two rail spurs that existing Rosewood residents currently live near Finally, the decision to recommend inclusion of the eastern parcel was made due to Dakota County restrictions for a signal light at Business Parkway The signal light will be at Biscayne Avenue meaning a frontage road system is needed to give full access to the western properties A three quarter access would be permitted at Business Parkway Through the course of this application there have been a variety of issues raised by the adjoining neighborhood The following provides additional information regarding these issues: Property History: The property is currently guided UR Urban Residential and zoned R1 Low Density Residential The land use designation changed from an industrial designation to the current residential designation through the Comprehensive Plan update process that occurred in 1993 While there was some interest expressed in regurding the entire Rosewood Area to Commercial or keeping it Industrial, the Council at that time opted for commercial The residential designation was continued when the City updated the Comprehensive Plan in 2000 In June 2001, Progress Land Company proposed a mixed use concept PUD covering the entire Rosewood Area The concept proposed 92 townhouse units, 54 single family lots, 40 acres of commercial land, 9 acres light industrial, and 15 acres dedicated for church development The concept illustrated ten 1 5 acre commercial pads, three larger commercial properties and a 3 6 acre hotel site The Planning Commission recommended approval of the concept with the following recommendations 1 Amending the Comprehensive Plan for the change of Urban Residential land to more Commercial and Business Park (light industrial) land, 2 Rezoning in conformance with the Comprehensive Plan as amended, 3 Mitigation of the effects of the rail spur and adjacent Grief Bros industrial use against the proposed residential uses, and 4 Conformance with the requirements for preliminary plat for the residential and I: commercial uses and conditional uses for development of the church site In July the Concept Plan went to a Council work session Shortly after that time the Council approved a PUD concept plan that included 86 single family lots, 45 detached townhome units, a 7 5 acre commercial property, and 15 acres for a church The 40 acres, initially envisioned for commercial in the June concept, were pulled out and labeled "exceptions" (see attached information) Council Goals: In June 2004 the City Council adopted its 2004 goals One of the goals was to provide a "fiscally healthy city" The actions to do that would be to broaden the tax base and moderate the residential tax rate The way to achieve this goal is through increasing the Commercial /Industrial (C /1) tax base in the city Presently the City's tax base is comprised of 83% residential and 17% commercial /industrial /other Commercial and industrial properties represent 12% of the overall tax base The remaining 5% is in other classifications such as apartment, utilities, railroads, agriculture, and personal property Ideally, the reliance on residential tax base should be in the range of 67% to 75% with C/I in the 25 -33% range Although the Council's goal is to decrease reliance on residential property taxes, in 2004, the City continued the trend toward more residential development than non residential As of November 2004, 511 new building permits were issued for individual dwelling units This would be a combination of detached and attached residential units In total the building activity valuation for the first 11 months of the year is $117,224,180 Only 1 of that valuation is in added commercial value and 2% in new industrial value To estimate the potential impact on the City's tax capacity, planning staff estimated how many residential units, or how much commercial square footage could be sited on the two properties The analysis was based upon existing ordinance standards and review of similarly sized properties The following table provides the estimates When reviewing other commercial projects in the area that would have similar types of development, staff estimates that the value of 270,000 sq ft of commercial would be approximately $16,000,000. Staff reviewed values for big box users and surrounding development in Inver Grove Heights, Eagan, Apple Valley, and Burnsville For a commercial value of $16 million, approximately $108,000 in taxes would be generated to the City Approximately $236,000 in property taxes would be generated for the school district, county, city, and others. E7 Residential Development Commercial Development West Side 35 -40 Single Family Lots Approx 210,000 sq ft 70 -80 Townhome Units East Side 30 -35 Single Family Lots Approx 60,000 sq ft. excluding existing onding areas 65 -70 Townhome Units When reviewing other commercial projects in the area that would have similar types of development, staff estimates that the value of 270,000 sq ft of commercial would be approximately $16,000,000. Staff reviewed values for big box users and surrounding development in Inver Grove Heights, Eagan, Apple Valley, and Burnsville For a commercial value of $16 million, approximately $108,000 in taxes would be generated to the City Approximately $236,000 in property taxes would be generated for the school district, county, city, and others. E7 For comparison purposes, the average valuation for detached units was $239,356 (292 units) and the average for attached units is $149,720 (191) in the first 11 months of 2004 Using the unit estimates above, the west side parcel would generate approximately $8,856,172 in single family valuation or $11,227,500 in attached unit valuation Similarly, the east side would generate an additional $7,659,392 in new single family valuation or $10,029,900 in attached housing valuation The range of taxes paid by residential development in the westside would be from $109,076 to $127,800 In the east, the range would be $94,336 to $114,168 Of this amount, the City receives 40% of the total property taxes paid or $1208 of the single family tax (approximately $98,264 of the total) or $692 of the attached unit tax (approximately $84,560 of the total) It must also be said that the introduction of commercial development to the community has other benefits besides tax base As the City grows, residents expect to have certain services and conveniences in town, rather than traveling to the adjacent community Based upon the Market Study conducted by Maxfield Research, Inc for the City's Downtown Redevelopment Project, it is estimated that 75 cents of every dollar spent by Rosemount residents is spent outside of the community Further, the introduction of commercial and industrial uses within the community adds to the quality of life for the community The introduction of additional businesses increases the employment base of the community It also brings workers to the City to spend their money on goods and services, including food Staff has been told that one of the reasons that restaurants have not been attracted to the community is the lack of a "lunch" crowd This is due to the lack of employers in the area Crime: During the public hearing, residents expressed a concern over the potential increase in crime due to the close proximity of commercial development The Police Chief has provided some crime information using the neighborhoods south of Cub Foods This area was chosen because of the size of the retail center Other residential neighborhoods, without adjoining commercial, were also reviewed to provide a "control group" The information notes that within the residential neighborhood, the number of police calls for service are consistent with similarly sized residential projects Additionally, when reviewing the specific police calls, the calls received are for typical residential type issues and do not appear to be generated from the adjacent commercial activity Chief Kalstabakken's memo recognizes that the study is for calls located within the residential neighborhood and does not include the adjoining street, 151 Street The reason for the omission is that incidents on the street are most often generated by the police These typically are due to a traffic violation and may in some cases lead to other infractions Because 151 Street is one of the areas targeted in the community for frequent patrol due to resident complaints, police reports on this street would not be indicative of other commercial /residential streets 2 3 Chief Kalstabakken has contacted Eagan and Apple Valley regarding their police report experience with large merchandisers like what may be expected in the property being considered for rezoning This information has not been received at the time this report is being prepared, but it is anticipated that information will be available prior to the Council Meeting Initial reaction from the two neighboring communities is that activity in the retail areas does not directly impact the nearby residential neighborhoods Property Values: With the introduction of a land use that differs from an existing neighborhood there is often the concern about the impact of the new project on existing home values This concern is often expressed when commercial, industrial, and higher density residential development is proposed In an attempt to address this particular concern, staff has reviewed property values in the Claret townhouse project, south of Cub Foods Based upon the property records provided by Dakota County, units in this neighborhood were originally sold in 2000 The Certificate of Occupancy was issued to Cub in August 2001, meaning that the townhomes were in existence prior to the opening of the store Attached is a two page handout and map that shows assessed values and sale prices of several homes in the Claret Townhomes directly south of Cub Foods The information indicates that all properties shown have realized a gain in valuation since the purchase of the unit In all cases value has gone up since 2000 when the units were constructed There is a wide variation in change of value, with a low of a 2% increase to a high of 60% increase In review of the information it is difficult to draw any particular conclusions Some of units are directly located on 151 Street and therefore are closer to the commercial area and the busier street However, those homes have experienced reasonable growth in value It is also difficult to draw conclusions because some of the information is based upon unit sales versus assessed valuation Until a property is sold it is unclear what the actual "value" of a property might be Finally, each of the units have different interior upgrades Because there may be wide variation in the interior work between the units, a variation in price and in their increased value would be expected Potential Mitigation: As staff had indicated during the Planning Commission meeting it would be easier to discuss potential mitigation options if there was a specific project before the Council There are many site planning techniques that can be used to help alleviate resident concerns about noise, lighting, and views The location and orientation of the building can permit adequate buffer space to allow landscaping and bermmg This is the primary way cities attempt to screen greater activity areas from lesser The City's zoning ordinance requires a greater buffer or setback to side and rear setbacks between residential and commercial properties The ordinance dictates that the 10' -30' buffer (depending upon the zoning district) is to be used for landscaping and screening only and cannot contain any buildings, parking or activity areas While recent ordinance changes have moved away from requiring fencing, there are cases where the City 5 may IooK toward installation of a fence or screen wall in areas that may need opaque screening. This is typically requested near loading dock areas. Lighting standards in the commercial districts require a lesser footcandle reading when adjoining residential than when adjacent to other commercial Performance standards for commercial, whether adjacent to residential or not, promote an architecturally attractive, well landscaped project Landscape standards are to ensure the site is attractive for on -site views, especially in the parking lot where landscape islands are required Building materials must be primarily masonry Again, depending upon the zoning district, brick is required from 50% to 100% of the exterior materials However, during the Steiner project review, the Council approved a plan that varied from the ordinance standard, allowing a mix of textures and materials for each of the four buildings Traffic: Residents in the Rosewood area have expressed concern over the potential commercial traffic that would "cut- through" their neighborhood to the new commercial areas. Planning and Engineering staff had discussed potential road alignments that would disconnect the residential portion of the project from the Business Parkway south This would mean that commercial traffic could only access the two sites through Business Parkway or by the frontage road envisioned along County Road 42 It may be that some commercial traffic would enter the neighborhood until commercial patrons realized that there was no connection to the commercial district Appropriate signing may help in this matter Two potential options designed by WSB are attached for the Council's information These options show Business Parkway being continuous but have other options, such as a raised median or a one -way circulation pattern to address commercial traffic through the residential neighborhood From a regional traffic perspective it would be expected that much of the traffic going to the commercial sites would use County Road 42 Given the access proposed by the County, much of that traffic would be directed to the Biscayne intersection with some entering the site at Business Parkway Traffic from the north would also use Biscayne to access the commercial area Most likely a traffic study would be conducted through the site plan review process to ensure that local roads are properly designed to handle projected volumes However, it is expected that should these properties be reguided to commercial, a new circulation system would be installed specifically for those commercial users SUMMARY Staff supports the reguiding of the property at this time, It is felt that the site locations lend themselves more to a commercial than residential use This change is consistent with the Council goals for increasing commercial services within the community and growing the commercial /industrial tax base in the City This application is the first step in the process for development of the site The City would like to market the property as commercial which is easier with the reguiding There will be additional opportunities for the public to be involved with the final disposition of the site The 9 rezoning and site plan process will permit residents to see what is recommended and address specific detailed concerns about the use, architecture, lighting, traffic, and on -site views However, it should be understood that if the reguiding takes place, it is expected that some type of commercial use would ultimately develop on the property After much testimony at the Planning Commission, the Commission voted on a 4 -0 vote to not recommend reguiding of the property Given the charge of the Planning Commission to enforce the zoning ordinance, it is understandable that this weighty policy decision is left to the Council As the policy board for the community, it is up to the Council to balance the needs of the community with the desires of individual neighborhoods The proposal before the Council is to reguide both of the properties to commercial From staff's perspective the two are intrinsically tied together Access to the west, either to the proposed site or the existing commercially guided property, must come via a frontage road from Biscayne It seems illogical to place that frontage road through a residential neighborhood The frontage road will be wider than a typical residential collector and will certainly carry commercial traffic It may be possible to reguide the eastern parcel without the western, with a different commercial development pattern than that anticipated by the two parcels In that instance the frontage road will still be necessary to access the eastern, currently guided commercial property Additionally, the opportunities for development of the eastern parcel are different than what could occur in the west The property's depth lends itself more for a strip mall type of development The need to construct a collector road further reduces the lot depth There are four options available to the Council, 1 Reguide both parcels to commercial 2. Reguide the eastern parcel to commercial; keep the western parcel residential 3 Reguide the western parcel to commercial, keep the eastern parcel residential 4 Keep both of the properties residential and vote to deny the application Based upon previous discussions with the Council, staff has prepared a resolution approving reguiding of both parcels to Commercial Should the Council choose one of the other options, it should direct staff to prepare a resolution with the specific recommendation for action at the next Council meeting 7 Progress Land Company Parcels Comprehensive Plan Amendment nw- LEGEND Streets Railroads Source Dakota Counry GISDepartment C;ty of Rw mcunt Cmmuntry Development Depormteut November2004 Parcels to be Reguded from UR Urban Residential to C Commercial 350 0 350 700 Feet (k CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004- A RESOLUTION APPROVING THE COMPREHENSIVE GUIDE PLAN AMENDMENT TO REGUIDE ROSEWOOD ESTATES FROM UR URBAN RESIDENTIAL TO C COMMERCIAL WHEREAS, the Community Development Department of the City of Rosemount requested a Comprehensive Guide Plan Amendment to reguide the property fronting along County Road 42, west of Biscay ne Avenue and north of existing commercial, immediately east of the main line railroad tracks in Rosewood Estates from UR Urban Residential to C Commercial, as depicted in the map below h agL ess Land Company PaL eels Cam prehenswse Plan Amendment I L11. y 4 Fo tE�trvu p vreury ®ca���i, weE r+ovu imm ��Mwlms9. L'P burro NU,COrLeI In Cminemd m (A) WHEREAS, on November 23, 2004, the Planning Commission of the City of Rosemount reviewed the Comprehensive Guide Plan Amendment reguidmg the residentially designated property in the Rosewood Estates area from UR Urban to C Commercial, and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council not approve the Comprehensive Plan Amendment reguidmg the residentially designated property in the Rosewood Estates area from UR Urban to C Commercial. and WHEREAS, on December 16, 2004, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Comprehensive Guide Plan Amendment reguidmg the Rosewood Estates area property from UR Urban Residential to C Commercial and finds as folio-,Ns RESOLUTION 2004 The Comp Plan Amendment would contribute towards the established goals of the key financial strategies of broadening the tax base, moderating the tax rate and maintaining high service levels The subject properties are adjacent to high volume railroad or principal arterial highways that would require extensive screening to support residential uses NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Comprehensive Guide Plan Amendment reguiding the property in Rosewood Estates from UR Urban Residential to C Commercial subject to Metropolitan Council approval ADOPTED this 16 day of December, 2004 by the City Council of the City of Rosemount William H Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by- Second by Voted in favor Voted against Member absent CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COMMITTEE OF THE WHOLE MEETING DATE: July 11, 2001 AGENDA ITEM: Rosewood Mixed Use Concept PUD AGENDA SECTION: Discussion PREPARED BY: Jim Parsons Community Development Director AG AVO,,, Church ATTACHMENTS Rosewood Concept Plan APPROVED B� Backuround Progress Land Company has proposed a development concept for the 107 -acre tract bounded by Biscayne Avenue, County Road 42, 145` Street and the railroad tracks along Highway .1 The proposal is for land uses as follows Commercial 39 acres Business Park 9 acres Church 15 acres Residential 54 single family units 92 townhouse units The Planning Commission held a public hearing on the Rosewood concept and sent it to the City Council with a positive recommendation and conditions Key Issues The comprehensive plan shows 7 acres of commercial land on the Rosewood site, with the balance being residential, including an unspecified amount of "planned /potential attached /multiple housing" The main issue with the proposed concept is its deviation from the land uses shown in the comprehensive plan The concept expands the commercial use, adds business park/light industrial use and adds a church, which is a conditional use in a residential district The issue is whether the City wishes to accept the increased non residential uses. The proposed change in land use would require an amendment to the comprehensive plan The Rosewood proposal has townhouses at 63% of the housing mix and single- family houses at 37% The issue is whether this housing mix meets the intent and requirements of the comprehensive plan. 1 of 2 Related to the land use issue is the issue of the rail spur. The Planning Commission's recommendation includes a condition calling for `mitigation of the effects of the rail spur" and nearby industry on the residential areas of Rosewood The issue is whether the proposal does a good ,lob of mitigating the effects of the rail spur and industry by placing toirnhouses next to them. See attachments for detailed information about the Rosewood proposal RECOMMENDED ACTION: Discussion only CITY COUNCIL ACTION: 2 of 2 ROSEWOOD ttY17 6 �ya O1vNOK {pNMWy UUWM yR G04 W1v ROµ vOT yR R t OlLw[CRwG MC P R l IINISO/A Ti ll Ras N� NE 1 al s,rons ROSEWOOD N J LIGHT INDUSTRIAL e o ernu 4 V y O 1 PCNp Id5TH 5TREET E �d �y 1 Y a 5 aid: J i' a I n n a u Iz 11 Ie e V u M I6 'ti I` le �n T12 e s la 11 n 11 °9s�ye''L R COMKACRCIAL 13 6 AMES 1 ��Ahf x 1 i,C �Il I� 5 9 i,f m WAY TOWNHOMES 92 UNITS SINGLE FAMILY 56 LOTS CROSS AREA 3353 ACRES 1 Iti 1 �t 1 �R1+ W,Sz 0 DRAFT Planning Commission Regular Meeting Minutes June 12, 2001 PuTsua'i�t to due call and notice thereof, the Regular Meeting of the Planning Commission was duly eld on Tuesday, June 12, 2001, in the Banquet R of the Rosemount Communit Center Vice- Chairperson Jeff Weisense led the meeting to order at 6:35 p m with me ers JeffArveson and Jana Carr ent. Chairperson Caspar and Commissioner N er were absent Also in endance were City Planner Rick Pearson, Planrung Intern Aare Jones, and Cou ember Sheila Zassen. There were no additions or ctions to the agenda. Audience Input: No MOTIOX approve the May 22, 001 Regular Planning Commission Meeting Minutes Arveson Ayes Arve n, Carr, and Weisensel Nays 0 Motion (Rosewood) Vice- Chairperson Weisensel confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on Progress Land Company Mixed Use Concept PUD (Rosewood) on file with the City Councilmember Klassen provided insight on the concerns of City Council regarding the Rosewood concept plan The City Council will look hard at the expanded commercial use The Comprehensive Guide Plan, which allows 7 acres of commercial on this property, would have to be amended to allow the additional commercial The City Council is reluctant to amend the Comp Plan There is also concern about the impact this expanded commercial will have on the commercial downtown and other areas in the City Mr Pearson summarized the concept plan for Rosewood The proposed development is located west of Biscayne Avenue, between CSAH 42 and 145 St The Comprehensive Plan designates the entire parcel Urban Residential, except for a 7 acre parcel at the corner of CS AH 42 and the railroad track that is designated Commercial Approximately 28 additional acres is proposed for commercial use If the concept is approved, the Comprehensive Plan would have to be amended due to a change in land use for the additional commercial and 9 acres light industrial. The concept plan also provides for Planning Commission Regular Meeting Minutes June 12, 2001 Page 2 h'i'FT single family housing along Biscayne Avenue, multi- family housing on both sides of the railroad spur, and 15 acres in the southeast corner for a church Challenges to the concept plan include mitigation to counter the effects of Greif Bros and the railroad spur Mitigation could be in the form of physical barriers and increased separation from the railroad spur and from the industnal uses The previous owner of the property determined that the railroad spur could not be relocated Vice Chairperson Weisensel opened the meeting to the applicant Warren Isrealson, President of progress Land Company, indicated the only definite part of the plan is the 15 acres for the church The developer is open to any suggestions for the remaimng uses He has concerns with the railroad spur, the railroad tracks, and the industrial uses surrounding residential uses Mike OIson, Project Manager, indicated that, other than the church, the developer has no specific uses in mind for the site The dew eloper is looking for direction from the City If the increased commercial use is not acceptable, the} will propose residential use Commissioner Carr stated her preference to have commercial close to the railroad rather than residential Activity on the railroad tracks and spur were considered Mr Pearson indicated that activity on the spur includes weekly shipments to Greif Bros possible salt shipments to Dakota County, and turnarounds for trains Approximately 10 -12 trains travel the main line each day, Vice Chairperson Weisensel opened the Public Hearing Todd Schoffelman 14712 Bloomfield Way, inquired about the process for changes to the concept plan Jim Wilds 14171 Cobbler Avenue, is a representative of St John's church He offered support for the concept plan and feels the development would be beneficial to the City Betty Zanmiller 2745 W 145` St feels the city needs more residential land She beheves the additional commercial proposed for this site would kill the downtown commercial Dr Terry Johnson 13037 Charleston Way, responded that problems the downtown is experiencing would continue to happen without this additional commercial development He feels that the more commercial the City can offer, the more it will serve to revitalize the downtown There is limited commercial land remaining in Rosemount CITY OF ROSEMOUNT Everything's Coming Up Rosemountif TO: Planning Commission FROM: Rick Pearson, City Planner DATE: June 6, 2001 RE: Progress Land Company Mixed Use Concept for "Rosewood" June 12, 2001 Regular Planning Commission Reviews CITY HALL 2875 145th Street Wes. Rosemoun MN 55068 4997 Phone 651 423 -4411 Hearing Impaired 551- 423 -6219 Fax 651 423 5203 BACKGROUND This property consisting of approximately 108 acres between 145` Street West, CSAH 42 and west of Biscayne Avenue has been anticipated for development for almost ten years Originally owned by the Milwaukee Road, the property had been designated in the 1980 Comprehensive Plan for Light Industrial use and zoned accordingly The Milwaukee Road was then liquidated, and the land was acquired by CMC Heartland Partners CMC proposed a residential development consisting of 192 single family lots, 70 townhomes, and seven acres of commercial land near the comer of STH 3 and CSAH 42. The project was approved conditioned on the relocation of a rail spur, w high bisects the property The spur provides several functions switching of rail cars into the Greif Bros plant, turning cars around, and delivering road salt to the County As time went on, CMC acknowledged that they were unable to relocate the rail spur The city suggested redesigning the development to mitigate the impact of the spur CMC chose to sell the property instead y Because the property had been assessed for urban improvements to Biscayne Avenue, the City Council maintained the Urban Residential and Commercial land use designations for the property when the Comprehensive Plan was updated COMPREHENSIVE PLAN DESIGNATION AND CURRENT ZONING Most of the property is designated for Urban Residential use, however, seven acres between South Robert Trail and Business Parkway along CSAH 42 is designated for Commercial use This area was viewed as being too heavily influenced by the intersection and railroad (including Quonset hut) for residential use Most of the land is zoned R -1, Low Density Residential, consistent with the Urban Residential land use designation Higher density housing can be allowed through rezoning as long as the density is capped at six units per acre and the overall density is 3 units per acre Higher density is usually allowed at the edge of neighborhoods as a transition to other land uses if urban services have the necessary capacity, and if the street system can accommodate the additional traffic without undue influence on single- family neighborhoods The seven acres in the southwest corner is zoned C -4, General Commercial June 12, 2001 PC Reviews Progress Land Company "Rosewood" Concept Page 3. abundant supply of Business Park land Some additional commercial land can probably be justified The church can be processed as a Conditional Use in the R -1, Low Density Residential District The following represents the recommended conditions if the Planning Commission were to adopt a motion recommending approval of the concept to the City Council I Amending the Comprehensive Plan for the change of Urban Residential land to more Commercial and Business Park (light industrial) land 2 Rezoning in conformance with the Comprehensive Plan as amended 3. Mitieation of the effects of the rail spur and adjacent Greif Bros. industrial use against residential uses 4. Conformance with the requirements for preliminary plat for the residential and commercial uses and conditional uses for the development of the church site MEMORANDUM TO: Jamie Verbrugge, City Administrator Kim Lindquist, Community Development Director FROM: Gary Kalstabakken, Chief of Poj ee DATE: December 13, 2004 RE: Commercial Area Crime Activity The residential area immediately south of the Cub Foods commercial area has been compared to other similar sized residential areas to determine if there is any correlation between reported crime activity and commercial locations Comparisons were made of the following developments• Claret Town Homes 151 St /Claret to Shannon Pkwy. Claret Springs 151 Street/Claret to Chippendale Avenue Claret Springs East, 156 Street/Chippendale Avenue Enclave Biscayne Avenue/Bloomfield Path Bloomfield Georgetown Townhomes Banyan Lane These areas were chosen because they are comparable to the property south of Cub Foods For example. the Claret developments are all the same housing style built by the same builder during the same time period The Enclave and Bloomfield are similar housing products, but in a different area of the community Complex Crime Reports 1/1/04 to 9/30/04 All Calls for Service 2003* Number of Housing Units Claret Town Homes (Cub) 0 12 44 Claret Springs (Cub) 3 32 98 Claret Springs East 11 55 121 Enclave 5 45 128 Bloomfield 9 49 150 Calls for Service include any time a police officer is dispatched to the area for any reason or self initiates activity in the area, such as, a traffic stop Calls can vary from a medical emergency to assaults to home burglaries Calls- for Service are tracked by location where reported, whereas, the actual incident may have occurred at another location For example. a person reports a driving complaint that actually happened on County Road 42 or a parent reports a dispute that their cluld had with another child at school or park. In closer review of the crime reports, it does not appear that any of the reports generated by calls to the homes within Claret Springs are directly related to commercial activity at the Cub Foods retail area The three reports consisted of a domestic assault, a driving complaint and a found bicycle The calls for service were also examined more closely to determine if there were certain calls that were directly related to persons going -to -and -from or loitering near the commercial area Calls at the Claret Springs development were quite similar to the calls at the developments away from the commercial area Certain calls were reviewed more closely to determine if there was some connection to the commercial area, these calls included noise complaints, disturbances and suspicious activity It does not appear that there are any more of these types of calls near commercial areas than there are at the other complexes Generally, the number of these calls in Claret Springs was similar to the other complexes and the calls were generated from actin ity at residences at a home within the development and not persons passing through to get to the commercial area. It is important to note that this review of crime reports and calls for service data did not include activity on the streets adjacent to the complexes reviewed Typically, the incidents on streets are officer generated. e g traffic stops, curfew checks, etc While these incidents can be an indicator of other activity spillmg into the neighboring residential areas. this does not appear to be the case in the areas studied Each of these developments is served by a collector street (151 St„ Chippendale Av Biscayne Av 145 St and Bloomfield Path) that will carry traffic and will be the scene of traffic stops and other activity that is not directly related to the immediate area Streets used as collectors for the commercial areas will have increased traffic and, therefore, increased opportunities for officer generated activity and other events, such as, vehicle crashes and stalled motorists If the Rosewood Estates property is rezoned, efforts to mitigate the traffic impacts should be undertaken, such as, elimination of the connection of the rezoned property to the residential streets serving Rosemount Estates. SITE MAP PROPERTY ID NUMBER 34- 83611 300.01 FEE OWNER JOSEPH W 8 COLLEEN V PENTON 15156 CLARET CIE ROSEMOUNT MN 5506ll PROPERTY ADDRESS 15156 CLARET CIR ROSEMOUNT MN 55068 PAYABLE 2004 TAXES NET TAX 320198 SPECIAL ASSESSMENTS 000 TOTAL TAX SA 3201 98 PAYABLE 2005 ASMNT USAGE RESIDENTIAL TOWNHOUSE 2004 ESTIMATED MARKET VALUES (PAYABLE 2005) LAND 45 300 LOT SIZE (EXCLUDES BUILDING 202800 ROAD EASEMENTS) TOTAL 248100 3 478 SO FT SCHOOL DISTRICT 196 0 08 ACRES LOCATION NW114 NE1f4 SECTION 31115 -19 PAYABLE 2005 HOMESTEAD STATUS NON HOMESTEAD WATERSHED DISTRICT VERMILLION RIVER NEW CONSTRUCTION SALE DATE 102000 Aul INT 1117 POn 2004 BUILDING INFORMATION (PAYABLE 205) TYPE TOWNHOUSE YE4RSUILT 2000 ARCHISTYLE ONE STORY FOUNDATION SO FT 1332 FINISHEDSQFT 2248 BEDROOMS 2 BATHS 225 FRAME WOOD GARAGE SO FT 440 OTHER GARAGE MISC BLDG I. CLARET Towm 14oMEs Z. CLARET SPR11465 CL Aft S PRar 4 65 EAST NOTE Dimensions rounded to nearest foot Ci pynghl2004 Dakota County- This drawing is neither a legally recorded map nor a survey and is not intended to be used as one This drawing is a compJat on of records infortriation and data located in vanous city county and .ta,e offices and other sources affecting the area shown and is to be used for reference purposes anly Dakota County is rat responsible for any inaccuracies herein contained If discrepanmes are ound please contac' Dakota County Survey and Land Information Departmert Map Date December 15 2004 Parcels Updated 12ID2004 Aerial Photography 2003 4. F1NCL 5. gLOOnF1EC,C f�FARbEToWrI TOWN ROTAS b PLAT NAME WENSMANN 12TH ADDITION TAX DESCRIPTION LOT 30 BILK 1 INTEREST ATTRIBUTABLE TO COMMON AREA KNOWN AS LOTS 45 46 47 48 BLK 1 SUBJ TO CIC #261 CLARET SPRINGS WEST 30 1 RESIDENTIAL VALUE DATA PROVIDED BY THE DAKOTA COUNTY ASSESSING DEPT. FOR THE TOWNHOUSE DEVELOPMENT CLOSEST TO THE CUB FOODS GROCERY STORE. Teresa Mitchell of the Dakota County Assessing Department provided the following comments and data for analysis, "Studies have been done regarding impacts of overhead power lines, railroad lines, etc on property values Results hay e been mixed Location is taken into consideration, for example, busy streets Teresa has not seen impact on rate of value increase, The impacts of negative influences such as industrial parks on neighborhood aesthetics are taken into account There is no way to quantify the tastes of an individual's perceptions about the value of a property If one person is discouraged from buying because of an adjacent land use, there will likely be another person who will have a different perspective on the house and go ahead with purchasing it The following data concerns the Wensmann Twelfth Addition, a 44 unit townhouse development which is the closest residential neighborhood to Cub Foods An attched map ke} s the individual properties The following properties on Claret Cir have one wall facing Cub Foods although none have been sold Address 2004 Assessed Value Purchase Price Date Inc 1. 15143 Claret Circle $248,700. $196,000 11/17 /00 27% 2 15147 Claret Cir $244300_ $177.300. 11/30/00 38% 3 15151 Claret Cir $253,100 $224802 10/31/00 13% 4 15155 Claret Cir $244900 $183,402 10/31/00 34% 5. 15175 Claret Cir $257,100, $217644 9/22/00 18% 6. 15168 Claret Cir $237,300. $211,690 7/31/00 12% Highest valued unit, not adjacent to 151 Street Cub Foods Store Second lowest valued unit, not adjacent to 151" Street Cub Foods Store The following properties on Claret Cir have been sold Address Sale Price 2004 Assessed Value 7. 15139 Claret Cir $293,900 (5 -04) $257,500 8 15167 Claret Car $283.000 (10 -03) $249,000 Price Inc $190-286 54% (10 -00) $233,337 21% (7 -00) s The following properties on Crestone Cir are adjacent to 151 Street W Address Assessed Value 9. 15114 Crestone Cir $240,800 $200,000 6/16/00 20% 10 15109 Crestone Cir $242000 $207,253 9/29/00 17% 11. 15141 Creston Cir $271,200 $227,510 12 /08/00 19% 12 15138 Crestone $220,400 $217000 8/31/00 2% Cir Highest valued unit in development, not adjacent to 151 Street Cub Foods Store Lowest valued unit on Crestone Cir, not adjacent to 151 St Cub Foods Store These properties on Crestone Cir have sold Address Sale Price 2004 Assessed Value Org Price 13 15117 Crestone $245,356 (8 -03) $247,900 Cir 14. 15157 Crestone $336,950 (7 -04) $266900 Cir $204,914 (9 -00) $210,370 (7 -00) This property on Crestview Cir is along side 151S St W closest to Cub Foods. Inc 16% 60% Address Assessed Value Ong Price Ong Sale Inc 15 15106 Crestview Cir $249,900 $195,275 5/17/00 28% This is the only property on Crestview Cir. that has sold Ong Address Sale Price Assessed Value Price Inc 16 15117 Crestview Cir $220,000 (5 -02) $250,600 $184,300 19% (9 -00) All assessed values were calculated in February, 2004 All sales that have occurred after the value assessment have been for a considerably higher price Kelley Murray of Wensmann Homes has provided some comments regarding the Cub Foods development "There was some initial grumbling over lights and truck traffic The nuisance truck traffic has been reduced v<rth the completion of construction Traffic levels have shifted to a somewhat more acceptable routine delivery traffic Two important points that separate this project from the Rosewood area are 1 The townhouses were part of the same PUD as the commercial use area Prospective homebuyers knew that the Cub land was commercial They were somewhat upset about the scale of Cub, but they always expected commercial of some type Price Ong Sale Inc 2, The Cub building went up very soon after the townhouses, It seems to be easier for new residents than if the land had remained vacant for a considerable amount of time, and new commercial use impacts long -term residents SITE MAP PROPERTY ID NUMBER 34 -64680 -010 01 FEE OWNER CLAREL CORPORATION COMMON NAME ROSEMOUNT VILLAGE SHOPPING CENTER ARCHISTYLE q KRAUS ANDERSON REALTY 4210 W OLD SHAKOPEE RD NOT APPL BLOOMINGTON MN 55437 PROPERTY ADDRESS 3860 150TH ST W BEDROOMS ROSEMOUNT MN 55068 PAYABLE 2004 TAXES NET TAX 32277540 SPECIAL ASSESSMENTS 000 TOTAL TAX 8 SA 322 775 40 PAYABLE 2005 ASMNT USAGE COMMERCIAL PREFERRED I TILL i r I I I ad a O L- 2004 ESTIMATED MARKET VALUES (PAYABLE 2005) LAND 2316500 LOT SIZE (EXCLUDES BUILDING 6600100 ROAD EASEMENTS) TOTAL 8916500 421 179 SO FT SCHOOL DISTRICT 196 967ACRES LOCATION NW V4 NE114 SECTION 31- 115-19 PAYABLE 2005 HOMESTEAD STATUS NON HOMESTEAD WATERSHED DISTRICT VERMILLION RIVER LAST QUALIFIED SALE DATE AMOUNT n Pn P� N 0 F as CG U LEGEND L j RE std o�ra� s se s sEo vA& i ns U 153RD ST W C C IP L--j F 2004 BUILDING INFORMATION (PAYABLE 2005) TYPE Si DOM RETAIL STR YEAR BUILT 2DD0 2001 ARCHISTYLE FOUNDATION SO FINOT APPL NOT APPL FINISHED SO FT 82823 74BB BEDROOMS 0 0 BATHS 15 4 FRAME C- CONCRETE C- CONCRETE GARAGE SO FT 0 0 OTHER GARAGE MISC BLDG U 152ND ST W i HE Dimensions founded to nearest foot PLAT NAME ROSEMOUNT VILLAGE TAX DESCRIPTION 1 1 oyngh12004 Dakota County- drawing Is nePhef a legally recorded map nor a survey and Is not Intended to be used as one s draw ng Is a compilation of records information and data located In vanous city county and e offices and other sources affecting the area shown and Is to be used for reference purposes Dakota County is not resconslb's for any Inaccuracies herein contained B dlaarepancles are id please contact Dakota Col my Survey and Land Information Department i )Date December 15 2D04 Parcels Updated 12RR004 Aenal Photography 2D03 C, HE Dimensions founded to nearest foot PLAT NAME ROSEMOUNT VILLAGE TAX DESCRIPTION 1 1 oyngh12004 Dakota County- drawing Is nePhef a legally recorded map nor a survey and Is not Intended to be used as one s draw ng Is a compilation of records information and data located In vanous city county and e offices and other sources affecting the area shown and Is to be used for reference purposes Dakota County is not resconslb's for any Inaccuracies herein contained B dlaarepancles are id please contact Dakota Col my Survey and Land Information Department i )Date December 15 2D04 Parcels Updated 12RR004 Aenal Photography 2D03 v I I i CSAH 42 a Alternative 1 Residential Oneway Access Rosewood Site City of Rosemount, Minnesota o so 1 O ,f Q 3 1 wl pi I! i e;® CSAH 42 0 Alternative 2 Residential Right In 1 Right Out Access Rosewood Site City of Rosemount, Minnesota F4 �8 e it 1 0 5a iao Ef $RENNERSFR -E i I! i e;® CSAH 42 0 Alternative 2 Residential Right In 1 Right Out Access Rosewood Site City of Rosemount, Minnesota Rosewood Estates Resident Letters Date Resident December 9, 2004 Lighthouse Community Church November 30, 2004 Doug Scurr November 23, 2004 Neighborhood Petition November 22, 2004 Theresa Franz Scurr November 22, 2004 Marc and Heather Tobias Received Drew Storley Address Owner of East Parcel 14821 Blanca Avenue Referenced on attached map 14821 Blanca Avenue 14836 Boston Circle 14808 Boston Circle DEC 10 2004 3285 144' Street West Rosemount MN 55068 -4020 Office 651.423.2566 Far 651.322 5760 Email. mad*worldwadelighthouse.com December 9, 2004 Rosemount City Council City of Rosemount 2875 145 Street West Rosemount, MN 55068 Dear Council Member, We are writing to you regarding the upcoming meeting during which time you are considering making changes to the Comprehensive Guide Plan that would affect the 15 acres of land owned by Lighthouse Community Church on the northwest corner of Cc Rd 42 and Biscayne Lighthouse has walked through a difficult transition in the past few years At one point, we were on the brink of closing the doors of this 116 year -old congregation Sunday attendance was down to 85 people With God's grace and direction, we have laid a solid foundation for an effective ministry to this community and we are happy to report that nearly 300 people now call Lighthouse their home church Our location so close to 3 schools facilitates an effective outreach to youth and children, a particular emphasis for our ministry With that said, we are not in a position at this point to consider building a new church We have looked for every opportunity to sell the property over the last 3 years and have talked with more than one developer In every case there have been roadblocks that have prevented a sale Until the question of appropriate use is ansvv ered, any value the land has is purely speculative That brings us to the subject of this letter It is our understanding that the City of Rosemount has initiated the process of changing the Comprehensive Guide plan so that the designation of our property would change to commercial We are in favor of this change We believe the highest and best use of this property situated along Co Rd 42 is commercial This change will provide our city with a greater tax base and much needed land to service our community As an example, it would be nice not to have to go to Apple Valley to buy a pair of shoes During the recent public hearing conducted by the Planning Commission we were pleased to be able to meet the adjacent property owners and hear their concerns It has helped us to understand the necessity of taking a more active role in considenng their needs as this property is developed Our commitment to these neighbors is that we will seek a commercial developer to partner with who is w illmg to work with these people to minimize any negative impact Even now, we are working with a new developer on a concept that would provide much needed commercial office space and at the same time present an attractive buffer Finally, we wish to thank you for your hard work and time commitment in serving this community We are encouraged by the direction and vision you have brought to Rosemount in the past couple of years May God continue to bless you, your families and our community Sincerely, Pastor Krai estner, Senior Pastor Pastor Harvey Matson Pastor B oodwin 4 t� Dave Lakey Lighthouse Community Church A place to experience Faith, Hope Lovel Domeier,Amy From Pearson, Rick Sent Tuesday, November 30, 2004 8 49 AM To. Lindquist, Kim Cc. Domeier,Amy Subject: FW Rosewood Estates Rezoning Importance: High Original Message---- From Scurr, Doug [mailto doug scurr@retek com] Sent Tuesday, November 30, 2004 8 37 AM To Droste,William, Riley,Mary, Shoe- Corrigan,Kim; De Bettigries,Mark, Strayton,Kevin Cc Pearson,Rick, Lirdahl,Jason Subject Rosewood Estates Rezoning Importance High I am writing to you regarding the possible rezoning of some portions of Rosewood Estates from residential to commercial I urge you all to support the decision made by the Planning Commission deny this rezoning request. I was unable to attend the last Planning Commission meeting, but we had a good neighborhood representation at the meeting It was very disturbing to hear what was being proposed for these sites low income housing a Target' We already have Section 8 housing directly to the east of Biscayne Avenue my property taxes are already outrageous, but that's another .issue I surely don't want a Target in my neighborhood that stays open till 9 or 10 at night all of the traffic noise that it would bring There are approximately 51 houses in our development with roughly 65 kids Yes, I said 85' Most of them are under 10 I would be opposed to anything that adds additional traffic through our developmert The traffic on Blanca Ave where I live already travels way too fast' How about building a park for the kids Or concentrate on developing other commercial areas in Rosemount Some of my neighbors have said they will sell, tneir homes move if this rezoning goes through. I would really hate to see that, as we have made some great friends cur children have many friends to play with as well Please make the right decision deny this rezoning request Thanks, Doug Scurr 14821 Blanca Ave Rosemount MN 55068 651- 423 -5258 HM 612- 587 -2646 WK 1 Page 1 of 1 Lindahl,Jason From Theresa Franz -Scurr [theresa Franz Scurr @pinehurstbank coni Sent Monday, November 22, 2004 10 49 AM To Lindahl,Jason Subject Zone changes I understand that at the council meeting tomorrow night (11123), the zoning issues will be discussed for the area of Cty Rd 42 and Business Pkwy My family lives at 14821 Blanca Avenue When we built our house, we were told that the land next to Cty Rd 42 was going to be a church and the land between the tracks and Business Pkwy would be town homes Now the issue has come up that this land should be zoned commercial I am strongly against this change As with many of our neighbors we feel comfortable letting our kids ride their bikes down the block to friends By moving in businesses not only would there be bright lights to deal with and unsightly views, it would increase traffic and noise There could possibly a smell issue and litter issue with dumpsters I also do not wish to have an area for kids to "hang out" at Our development is full of kids under 10 and we would love to see a park area Just in the 6 houses on Blanca Ave there are 9 kids, in the cul- de -sac behind our house there are 7 kids and the other cul -de -sac there are 12 kids I can't even begin to count the number of kids on 148th and the other cul -de -sac If something really needed to be built there, detached town homes would also be an idea I also do not see this land as an area that would prosper in retail Over the railroad tracks seems a little out of the way and with the revitalization of downtown Rosemount I would think that should be a priority to add or relocate businesses It would also be nice not to have every inch of Rosemount built on A little room for the residents is nice I also do not want to see my property values go down I moved from in area in Rosemount where I could stand in my driveway and look at the Cub's sign on Cty Rd 42 That was not a welcome sight for me Now I have moved, wanting to stay in Rosemount, and may be running into the same issue again I can not attend the Tuesday night meeting and as a resident of the area wanted to voice my concerns Thanks for your time Theresa Franz -Scurr Retail Banking Officer Pinehurst Bank 757 Cleveland Avenue South, Suite 100 Saint Paul MN 55116 Phone 651 259 -1212 Fax 651- 259 -1233 Privileged and Confidential The information contained in this electronic mail transmission is intended only for the use of the person or entity, named above and is privileged and confidential An} dissemination, disnibution or copying of this communication othei than to the peison or entity named above is strictly prohibited if you have received This commumcaLion in error, please u nnediatc.1i noufv the sender bt phone and by replying to rhis message and then delete the message and any attachments fiom your system Please immediately destroy any printouts or copies of the original message 11(22/2004 Page 1 of 1 Lindahl,Jason From: Heather Tobias [Heather @berg Johnson com] Sent Monday, November 22, 2004 1 57 PM To Lindahl,Jason Subject: Letter to the Planning Commission for the 11/23/04 meeting Importance High Jason, My husband Marc spoke to you last week in regards to voicing our concerns regarding rezoning issues to land in our development We are unable to attend the meeting on Tuesday, so I am attaching our letter to be taken into consideration along with the others that will be at the meeting Should you have any questions, please feel free to contact me during work hours at 952- 941 -5400, or at home, 651-423- 7140 Sincerely, Heather Tobias Berg- Johnson Associates, Inc heather berg Jo hnson c om 11/22/2004 November 22, 2004 City of Rosemount Planning Commission 2875 145 Street West Rosemount, MN 55068 Re Opposition to Rezoning Dear Planning Commission, My husband Marc and I are residents of Rosewood Estates Unfortunately neither one of us are able to attend the Public Hearing on Tuesday, therefore I am writing this letter to voice our opposing concerns about rezoning When we signed the purchase agreement to build our home, we were told that a church would be going in on the property west of Biscayne Avenue in Rosewood Estates and that town homes would be going in on the land north of County Road 42 and east of Highway 3, south of the railroad, on the other side of Business Parkway So when we received the letter a w eek ago about the Public Hearing in regards to rezoning that land, we, as were many of our neighbors, disappointed and concerned One of the reasons we decided to build where we did was because we felt it would be a safe place to raise our small children and were looking forward to spending the rest of our lives here if the land in question were to be rezoned, we would not feel safe There are concerns of increased traffic on the only street that runs through our development, increased crime, and decreased value to our home and property Another concern of ours is what type of business would go in The glare of lights is a possible concern as is any delivery trucks that would be making their way down the already narrow street I read an article in This Weekly by John Sucansky, 10/29/04 titled Rosemount disappointed with results of redevelopment proposal To quote the first paragraph of this article it states "A request for qualifications from potential developers for Rosemount's downtown redevelopment project has netted only three interested developers" The article goes onto further explain how disappointed the city is by that Soto me, it would seem like poor planning to try and rezone that property w hen the city is having a hard enough time trying to draw interest in the downtown redevelopment project Rezoning to Commercial is not a part of Rosemount's 2020 Comprehensive Plan and we would prefer it not be amended We really like the neighborhood the way it is, and if this rezoning goes through, we may have no other choice other than to sell our home and move We have met with quite a few neighbors in our development and the sentiment for all of us is the same Therefore, I strongly urge the Planning Conrinission to reject this proposal to the City Council We are only a small group of residents and rely on you as the Planning Commission to act as our "voice" to the City Council What we would really like to see on that property located west of Biscayne Avenue in Rosewood Estates is a church as was originally planned, more single family homes, an area for a park, that would be available for the 55 plus children who reside in this development, or a recreation center For the property located north of County Road 42 and east of Highway 3, south of the railroad, we would really like to see town homes as was originally planned or more single family homes I thank you for the opportunity to share our concerns Sincerely, 7Karc Tobias .4feat(er7o&as Marc Heather Tobias 14836 Boston Circle To: Mayor Droste, City Council Members, City Adminstratton From: Drew Storley 14808 Boston Circle, Rosemount Regarding. Rezoning of residential areas surrounding Rosewood Estates I passed over a petition from our entire neighborhood of 51 homes to the planning commission last week unanimously requesting to keep the zoning as is. I have another copy if the council and mayor should wish to see it at some point. I have one central question I would request each council member to address in their eventual comments about this situation, be it tonight or on the 21" when the decision about this development is made: If the home in the neighborhood to the city, you researched thoroughly, painstakingly sacrificed for, was committed to living in for 20- 30 years was about to have a gas station, restaurant or Target plunked down in its back yard would you have built that dream in that location? The city's leadership, past or present, made a decision. It zoned' /4 of an entire area as a residential development Now one weekend after the one year anniversary of my home living to this new wonderful neighborhood you are considering turning 180 degrees and converting the remaining land back to commercial, effectively surrounding our neighborhood of over fifty homes with big box retail, gas stations, strip malls and who know what else. There is a history of the property. Some may have always thought of it as prime commercial land, but it didn't happen that way. To now go back on the cities commitment for an opportunity for tax dollars at the expense of your constituents would be unconscionable That would effective erase our dream. No amount of burming, trees, culdesacing or buffering would eliminate sights and smells of dumpsters no more than 100 feet from some of our back yards, the 24/7 schedule of delivery trucks dropping off goods, the employees taking smoke breaks with a direct line of sight into our bedrooms, the invariable traffic that would course through our neighborhood of over 85 children, most of whom are under 10 years of age, the opportunity for vandalism and crime to our homes, cars and friends as the eventual result of people hanging out and moving through our neighborhood to get to and from those stores, the money you will be taking directly out of our pockets by lowering the property values of our homes, the single biggest investment most of us will make our lifetime. If you cared to listen you could hear over 50 different stories of how these Rosemount residents of this neighborhood came to realize their dream in the homes they built. No, its not Evermoor, but these are not starter homes. They are dream homes for the people that live there. Retired couples as well as young families, with wonderful variety and diversity in family type, background, ethnicity and everything in between. I've taught at the high school here in Rosemount for 9 years since graduating from college It was my number one choice of where I wanted to teach When I had the opportunity to go to Eastview when it opened I asked to stay here My wife and I bought our starter home in Rosemount, and after 5 years when we had the opportunity to build, the ONLY opportunity we could afford in Rosemount was this development. Otherwise, we would be living in a city further south. Anywhere else would have cost too much. The dream we had for our children in terms of the best schools was here in this district, a safe friendly neighborhood with friends was here, in the beginning stage of an area that was zoned and sold as a 75% residential development Like so many of my neighbors, and others in the newer Rosemont developments we knew there would be a train making noise. We KNEW that coming in. The impact it makes is noise. The greatest nuisance I have suffered from the train is when stopped by the arms at 42 and 3 I watched the engineer get out of the engine and run in to Kwik Trip for a 10 mmute break while his train was stopped across the intersection Regardless, I knew that BEFORE building my dream Like so many of my neighbors, and I'm willing to bet others building in Rosemount, we would not knowingly build in a area that would eventually be surrounded by commercial development running up against our very backyard. You might say that a great majority of the rest of Rosemount WANTS commercial business in here That when asked, they have NO PROBLEM with the idea I don't believe the rest of my neighbors in greater Rosemount to be so callous and heartless that they would give you the same feedback if they knew the whole story. I was ecstatic to learn of Applebee's going up in an already designated commercial area on 42 I would not believe the city to be in the right and would not feel good about saving a few dollars on my property tax if I ruined someone else's dream for my dining convenience. I believe others in this community would feel the same way knowing our situation. Ask them, "do you want more restaurants The answer would be "sure." Ask them, "should we build one up against your backyard I think the answer would be obvious. Ask them, "should we mess up someone else's dream and rezone their residential backyard to commercial property to give you your restaurant I think you would hear many more "no's than "yes's." I have great respect for Rick Pearson and others in city hall for how they have responded so professionally and quickly in the past regarding concerns I have had. They are responsible for logically looking out for the best interest of Rosemount's well guided plans for the future In this case, moral responsibility has to take a role as well In the Rosemount Town Pages Ms Lindquist stated, concerning the planning commission meeting where many of these residents voiced their concerns for the first time, it was the biggest turn out she has ever seen That is testament to the passion my neighbors have for this neighborhood, it is evidence of their indignation at feeling mislead, if not betrayed. The Town Pages stance given in its editorial section stated that we have a "legitimate gripe YOUR planning commission voted 4 -0 to not recommend this rezoning take place. Your appointed committee of Rosemount residents responsible for important decisions unanimously told you not to rezone. Mike Olson, owner and developer of part of the property in question stated at the planning commission meeting that he doesn't see commercial use very feasible in his area, and that he even has already established some plans for single family style townhomes to go in there He also stated that he has no plans to spur commercial development. He and the city have BOTH acknowledged that there is at this time no one even interested in developing the area commercially. So in this situation there is no plan, if there is one we have been lied to. As stated by Mr. Verbrugge in the Rosemount This Week, there is no tangible projection or even estimate of how this area allegedly could yield broader tax base solutions through commercial development. You have residents who were told they were building their dreams in an area 75% residential, a developer with plans to continue that development, city commissioners voting to keep the zoning as is, and lastly the city council which allowed the beginnings of this development to take place under current zoning conditions considering dumping back over the fence It just doesn't make sense IF you consider the human factor, IF you consider the effects of the dreams and lives on these residents of this neighborhood in Rosemount. If you value the respect and trust given to you by your constituents, keep these areas residential Retain the good faith promise that you are serving ALL of Rosemount's residents and not sacrificing a few for easier, seemingly logical solutions. We know, if you keep these areas residential, you will be making future planning tougher for those working in city hall. It will be more difficult to find areas to develop commercially, but that course of action was already decided when you let this development get started. Please consider what decision you would make, if it was YOUR backyard? You will have to consider the effect of placing residential areas close to the train tracks if making the decision to keep these areas residential, One major issue you will have to personally risk in making this decision is how many complaints this may generate for your voice mail in the future I have two questions regarding this I would humbly request an answer to I am not trying to ensnare anyone in a trap, but trying to alleNtate a concern I have about what the priorities are in making this very important decision. #1 Generally speaking, about how many complaints in the past 6 months have you received concerning train noise from residential areas Under 20 20 -50 50 -100 More than 100 #2 How many complaints in the past 6 months have you received concerning Knowlans being knocked out of business because Cub was contemplating coming to town Under 20 More than 20 Please correct me if I am wrong, but I think there were more people at that immediate time attending city council meetings concerning that issue compared to this one But now no one is complaining, the average resident in Rosemount shops at Cub and will probably like the competition ALDI's will bring It was a large headache to deal with at the time, but faded and completely gone after a few years of distance to the decision Compared to the train noise complaints, which may seem to linger like a shallow dull ache behind the eyes that never really seems to go away, and might never do so Like the employees and supporters of Knowlans the residents of this neighborhood will either learn to live with the situation or move on Thus your headache may quickly fade My concern is that you not make your decision to limit residential zoning in our area next to railroad tracks because you may have to personally deal with the headache of listening to complaints from individuals that failed to educate themselves about the property they were buying in to The train has always run there, it probably always will Anyone can find out how much traffic there is and what the regulations are on sounding the whistle I researched the possibility of how much more traffic would be generated by the possibility of a new power plant facility with many more hundreds of coal cars rumbling through town when that was proposed a few years back That may have influenced our decision in the end But the new power plant didn't happen We knew what we were getting You may feel you have to consider the long range good of Rosemount in your decision. Does commercial have to go in here to promote that agenda? Would it make logical sense? Yes Should a neighborhood have been allowed to start here then No It was developed, under certain parameters for the Rosemount people investing in their city. People seeking to make the best life possible they can for their family's based on their goals and dreams of what they wanted for their life in Rosemount Service to the Community I teach high school science There are many reasons why I went into the business of teaching One was that I have the desire to serve people, to do the best I can to ensure the success of future citizens of our community My number one choice for finding a teaching position in the state of Minnesota was Rosemount High School Not Apple Valley, not Eagan. not Bloomington, or Eden Prairie Chaska Shakopee or many of the other areas I sent my application When Eastview opened, almost half the teachers needed to go with the student population, I asked to stay I love teaching the kind of kid I find in Rosemount, with the kind of parents and faculty and community Rosemount has to offer My wife and I felt so strongly about this school district and community that we bought our starter home off of Shannon Parkway by the fire station When we outgrew that home and needed more space for our three children, we researched every city south of the river for existing homes within reasonable distance of my work for the best situation Rosemount, Burnsville, Apple Valley, Eagan, Farmington, Inver Grove, Lakeville on down to Elko We searched for 6 months and couldn't find what we wanted One day at the end of looking at another set of houses in the Rosemount area my realtor happened to drive by a model home We never considered the possibility of having enough money to even think about building new, but he said give it a shot After 6 months he was willing to try anything He really earned his commission Needless to say, after heavy financial deliberation, we found what we wanted, made adjustments and sacrifices in our lifestyle to make it happen We then researched the entire area for our new construction options We wanted to stay in this school district because we feel it has the very best to offer, but the only place we could afford the house we wanted was here, in Rosemount A development of the very same model we first walked in to After a 2 year struggle to build our home, we celebrated our one year anniversary in this home this past weekend on December 5 Our dream was to build a home we could stay in for the next 20 -30 years. In our previous neighborhood, there was only one other boy for my son to play with, no one for my 2 daughters We wanted a neighborhood with friends for our kids We wanted a friendly neighborhood with diversity of age as well as background and family make -up The kind of neighborhood where you look out for each other's homes as well as children Where you help each other out when needed We got just that We were looking to not only build a house, but build on a dream of a Iife for our family in Rosemount One good result of this situation is that I have met even more of my neighbors over the past couple of weeks and I am absolutely thrilled by our common sense of what this neighborhood means to us If you cared to consider them, you would hear from over 50 households similar stories as mine about what it took to get here and why And that is why it is so painful to be in this situation now Part of our research about this development was to ask what would go in around us in the surrounding properties We were told by Ryan Real Estate that in the Western area in question would go single family townhomes, that the Eastern portion would potentially go a new church Knowing the difficulties the church was having I asked Bill Ryan himself what would happen if the church did not go in He said residential of some type, homes or townhomes, because it is zoned as urban/residential The city, by allowing it to be zoned as residential, and begin to actually have it partially developed as such committed to that direction For the city to turn 180 degrees now, 1 year after we move in, and decide to switch back to commercial because of financial reasons, dollar signs, is unacceptable We are asking that you honor the zoning set in place when you allowed the start this residential development A big question for me is does the city's leadership have a conscience Is it willing to disregard the dreams of a minority of its residents in the name of lowering property taxes by a few bucks and bringing convenience to the rest of the residents Regardless of who decided to zone what as what, whether it was you or a previous council or mayor, doesn't matter now It is now your dilemma and your decision as to what kind of leadership this city is wanting to put forth for the future One that considers every citizen based on the decisions that have already been made and moved on, or one that will disregard its own commitments when a seemingly better opportunity might be around the corner There has to be some continuity of commitment between councils and leadership Because you might be newly elected doesn't necessarily mean you get to disregard every decision and commitment that was made before your tenure If you deg elop the rest of the area as residential, you will still increase the tax revenue for the city There has been no actual estimate or number given as to how much more taxes could be raised by commercial development, so it is an unsupported reason If a big box retail like Target were to go in my backyard, they sometimes make deals with cities to get tax incentives or relief to come in a build to begin with So for the first 20 years they night strike a deal to not pay one cent into the tax coffers of the city Lets be honest, if you ask a typical Rosemount resident in one of the new developments if they would like another family restaurant in the area they would say yes. I was happy when Applebee's came to town But if you took the next step and asked them would they'd be willing to build off their back yard they'd say no If you say as our leadership that having talked to people the "rest of Rosemount" would like to see businesses go in there you probably phrased the question via the former manner I would be willing to bet you didn't explain our situation to them And I don't for a second believe the rest of this city's resident's to be so callous and heartless to say since its not my back yard, "who cares It would be pure lip service to attempt to dissuade our concerns by saying burins and trees w ill be designated to protect us Landscaping is generally left up to the developer, and we already know what we got in this neighborhood concerning that issue. Protecting our needs will be at best an after- thought, an asterisk in the building plan for any developer or commercial business The city will make recommendations and might attempt to build in provisions to try to ensure any business developer will honor them. but in the end they will receive short shrift because the real goal of commercial development will be realized I know you are good people who feel you can serve your community by helping to guide it forward in a healthy and proactive manner That is why you decided to run for office You are professionals with years of experience in city hall and background knowledge about how difficult it is to get things done in this city This piece of land is really a clean slate to develop on as opposed to the complications of downtown and local buy -outs in redevelopment It is an easier solution to solving commercial problems You have seen the spurt of growth encouraged by Cub essentially replacing Knowlan's and probably have designs on how to further that healthy growth by developing commercial areas in the same manner You will need to grapple with the knowledge that this neighborhood while thriving now, based on what we have learned and now know should never have been built here It should all have been commercial from the start But now we are here Are you going to cut the losses, the faith of good citizens with honorable intentions and dreams of a permanent life supportive of Rosemount, and try to "get it right' now? Getting it right would not mN olve totally disregarding the people of this neighborhood Getting it right has to mean honoring what we were told not by realtors and developers, but by city administrators and previous council members before deciding to build here Your service has to not only include vision and long range planning, action to carry out established goals, but action and consideration towards those you are attempting to serve Thank you for your diligence and thoughtful consideration Rosemount City Planning Commission Meeting 11/23/04 -Drew Storley of 14808 Boston Circle in Rosewood Estate neighborhood that is adjacent to the areas being considered for rezoning -There is room currently for 55 homes in the neighborhood, with 2 being model homes and having 2 lots not built on as of yet. Of the 51 homes owned I would like to present a petition signed by 49 of those homeowners (the remaining 2 homeowners could not be reached as they are on vacation) requesting the planning commission not rezone these residential areas under consideration into to commercial properties. -Our concerns, as you will hear from other folks here tonight, are mainly these: 1) when we were presented plans for this area when considering whether to build here or not, we were told, and shown maps, that the NW section under consideration would be single family town homes We were told the SE section was owned by the church, and when I specifically asked Bill Ryan himself what would happen to that property if the church passed on the opportunity, he stated that it would probably become single family homes. We were not told of any possible rezoning where we would be surrounded by a large commercial area of any of the 4 possible classifications. We bought in to the idea, and were sold the idea, of having a family style neighborhood with at best limited intrusion by a small commercial strip adjacent to a church 2) By adding commercial areas with the current road structure you will be significantly impacting the traffic and safety concerns for a family- oriented neighborhood When the train stops traffic at 42 and 3 cars often speed through the one curvy street in our neighborhood of over 80 children, most under the age of 10, traveling over 50 mph trying to get to their alternate route To be exact, there are 85 children with young family's still having more children. To rezone these areas after we bought here thinking it a safe area for our kids feels like a violation Because a developer or real estate owner will be able to make more money, our children will be put in harms way. There is no way with the current road structure to avoid the conclusion that if this were commercially developed, cars would use our street to avoid a difficult entry onto 42 and travel to and from these business locations through our neighborhood street making it a main thoroughfare and dangerous place to be 3) As we have discussed among ourselves, we would have had serious doubts about building our dream homes in such a busy area and would not have paid as much to live in a much more potentially dangerous environment. We probably would have built elsewhere. Knowing this, we feel surrounding our homes with businesses would make the resale of our homes less attractive to potential future buyers thus a rezoning into commercial areas would lower the property value of our homes Some could make a callous response to this and say well, if you don't like what is happening move The cost of building the same home has outpaced what we could afford in the area of Rosemount where we wanted to make our home and raise our children To say to us take a couple more years out of your life to go through the same process again is not valuing the residents of this fine city In conclusion, there has been no stated rationale from the city for considering the change. There is already a sign up on the church property advertising commercial lots when the rezoning has not even taken place We would like to ask Progress Land Company why they are advertising commercial properties on residential areas We were told no more than a week ago by city planners that there have been no developers involved in acquiring these properties, but that the rezoning was being considered by the city itself. We didn't build into the area knowing that it would become commercial, and now try to reverse decision We want the city to honor the zoning set in place when we purchased our homes, which for myself and my wife is the home we wanted to spend at least the next 20 years in We want the real estate companies and developers responsible for selling us our properties to honor their intentions to develop these areas in the manner they sold to us when we bought their product I can't help but wonder if we have been victims of a bait and switch. Because the entire property might be too large to support entirely commercial areas, develop one corner first with residential, and sell those buyers on the idea that a great portion of the undeveloped area will also be residential or low impact church property, then no more than a year later rezone and begin making a more hefty profit on the remaining land, inconsiderate of the homeowners and residents of the surrounded area. I hope this is not the case I am asking that you consider these things when making your decisions, thank you. Storley, Drew From: Adam Wnght @minnesotamutual com Sent: Wednesday, December 8, 2004 4 03 PM To: Drew Storley @district196 org Subject: Rosewood Rezoning Drew, My wife had previously contacted you regarding a city wide petition to not allow the rezoning After doing some research online, I think we might have a legitimate case of "illegal spot zoning" The article below is exactly what we are going through right now I will be sending this along to the City Council as well Here is the information I found on this Black's Law Dictionary defines "Spot Zoning" as the "granting of a zoning classification to a piece of land that differs from that of the other land in the immediate area The term refers to zoning which singles out an area for treatment different from that of similar surrounding land and which cannot be justified on the bases of health, safety, morals or general welfare of the community and which is not in accordance with a comprehensive plan The Appellate Court of Illinois, First District, Fifth Division in Chicago Title and Trust Co v Village of Skokie, 376 NE2d 313 said "Spot Zoning is a change in zoning applied only to a small area which is out of harmony with comprehensive planning for the good of the community, spot zoning is zoning which violates a zoning pattern which is homogeneous, compact and uniform In Bright v City of Evanston, 206 NE2d 765, Appellate Court of Illinois, First District, Third Division, the court held that spot zoning by a legislative body is prohibited The Second District Appellate Court of Illinois is the court of appeals to which DuPage County cases are appealed and decisions of that court are the law in DuPage County In a Second District Court of Appeals case, Concerned Citizens for McHenry, Inc v City of McHenry, 395 NE2d 944, an organization of citizens and individual homeowners brought an action for a declaratory judgment and a mandatory injunction challenging the zoning variations given to an applicant for the operation of a proposed retail auto dealership in a residential area The applicant sought rezoning from a single family residential to a commercial retail district The court found "The intrusion of this (commercial Retail) zoning seems to us to invoke the definition of spot zoning the rezoning ordinance in this instance is directly contrary to the comprehensive plan of the City of Page 1 McHenry as well as the recommendation from the zoning board of appeals that the zoning not be granted Certainly those people who have constructed their homes in this area should be able to place some reliance on the continued existence of the zoning set forth by the plan An intrusion of a business such as the one contemplated here directly adjacent to these homes cannot be condoned merely because it fronts a highway "In some respects the instant case is very similar to Schultz v Village of Lisle in which a gas station was prohibited on a corner lot in a residential area despite the fact that the residential area was located between two areas zoned and developed for business uses the primary justification for the rezoning of this property is the anticipation of an increase of the tax base of the community We find that such a justification is totally illusory and totally violative of all the basic principles of zoning If the profit motive were the sole reason that zoning authorities varied their classifications, then any use whatsoever would be appropriate next to any other use so long as the maximum amount of taxes could be generated for the community's use This is not the law We emphatically state that an increase in the tax base is not sufficient of itself to support rezoning In short, we are convinced that this is, in fact, a case of spot zoning Thanks( Adam Wright 2542 148th St W Page 2 Rosewood Estates Petition Map ay Nsll o r v Ca4uui or IlopcCM1wrL o O LLLJJJ pd I ,_U 4 o a II I n D J, II d go 0 0 0 as o k o i o L] p II h PI I/832 14 e IiS2 L4� I F+ga 436 la S n ,x895 5 7`131 �1 la Putme uuumm�[QmemB Cmmrncvl 34tc Pd Cwmevc ai S4k PWrcd Ca ..l SR y Q 1320 0 1320 Feet City of Rosemount Area of Interest Properties that Signed the Petition Structures Railroads Road Center Lines Parcel Lines 2 0 2 �owce umcom �mmp ma a up gnosemounr ✓anunn Ewa Petition to the City of Rosemount to Oppose Rezoning Property North of County Road 42 and East of Hit!hway 3 South of the railroad and West of Biscayne Avenue in Rosewood Estates fi•om Urban Residential to Commercial We, the residents of Rosewood Estates and surrounding areas in Rosemount, MN, hereby adamantly oppose rezoning the property North of County Road 42 and East of Highway 3 South of the railroad and West of Biscayne Avenue in Rosewood Estates Prom Urban Residential to Commercial Rezoning to Commercial would enable businesses to go in and therefore increase the traffic on Business Parkway and 148 Street, which is a danger to the many children and pedestrians who live here, and it would also decrease the property value of our homes We feel a more appropriate use of land would be single family homes, town homes, or a church, as was originally anticipated Name Address Phone Si ature 1467 )C -1 Yin l�rr s Cz n ti ,i `•r �-ti� J Cl L7 ha Wit^ 11 1 1 Cr `,'l- ta.1%t._._ U 7 r �7- 3�t-t 3F ,'ti�� (g -L c�� 1�(•Y/L. Lij ��i G.t-o L a YZ l�Cti i C /�In.•1^` 1 i�l F- �.'�J c,2C 3 7 /!r� /7 l E,I, P Z ('�r l c {5 l L ✓�iS� cat V T O 1 q S5 13 fa, 0 r' -41;- L4u C Arm obj (,'-1 4aJ -7 /ku c- V l y 4ZAI CV 1,Q 3 V J6 Y9,i 1ev <\AS �D -Aa3 9(, 1 L� tiVt h b Z r 4-t 5� 3�,�- L' V (,at 14 \'c Z U -u2 j I I-j Name Address Phone Signature 1 CV 1 c1 TQ �l 7 C-7 I ke iAor�lC�h �'vC' ILti /`I� Sf Gc.,� 7 �Z -r.. '7 L_ A W i. Z y Ic. .1 G I 1 J J' r f a t a y 5+ W. Ile 1 f t 7 Z l.J�q N: n r 13 2 1 19� vz D eh N /304,, rX C RR Lz C 1 5" F ��I a 54� 4/7 L c` L c�< L 7q Lis S4 W Q.V\ at_4 �fLCN l /Lf� Z t A J t15 `t;! -aY r Name Address Phone Si nature JJ i ca. 11 �s !Y�- ccJ n�✓!YU2. Ca Tz i 2 C/1` 7� lvc C- Z 4 I�r �j /�72 2 -17 c/ a t K S Lo W"m Ac 166,11ATnil Vol S he I l Pa ssc i 65 f U 8-'" 61 W 5 1 4 532.8 �5 L C ile -c! y C 1 Y, 5t U�� TN MA n 1 wQ F lUMC) v Ct iGl IYcaJ i7 B i Cl %&l1 4i �c l/U [G�. i'2 PncG l CScoe 41, rc'lee 2.2 INS? 3 Q l Name Address Phone Si nature 7 s� p a- S'f Scam a v -3.� a t Progress Land Company Parcels Comprehensive Plan Amendment LEGEND Streets Railroads Source DaAow County GISDepa m W Cory of Rosemount Commwtry Development Department hovember2004 Parcels to be Reguided from UR Urban Residential to C Commercial 350 0 350 700 Feet Excerpt from the Regular Planning Commission Meeting of November 23, 2004. 6A. CASE 04 -82 -CP Rosewood Estates Comprehensive Guide Plan Amendment, Community Development Director Lindquist reviewed the Staff Report The City has initiated a reguiding of residentially designated propeity in the Rosewood Estates area of the community The property proposed foi reguiding fronts along County Road 42. west of Biscayne Avenue and north of existing commeicial, immediate]} east of the main line railroad tracks Chairperson Messner asked the Commission if they had any questions for Ms Lindquist Commissioner Powell requested a copy of the map exhibit Commissioner Zurn questioned who bad ownership of the sites and how traffic would access the west site Ms Lindquist responded that Progress Land owns the property in the Northwest and the Lighthouse Community Church owns the property in the east Ms Lindquist explained the traffic issues say ing one idea is to cul -de -sac Business Paikway so there is an actual disconnect between the residential and commercial Chairpei son Messner had a question about maintaining Business Parkway south of the proposed frontage road Ms Lindquist said the County would leave the intersection as is until signal warrants were met The County would close the median and allow for a right in and right out when the warrants were met or a signal light would be put in at Biscayne Commissioner Powell asked about the report indicating the whistle noise solution and what it included Nis Lindquist said Council had a work shop session on that particular topic and that there are new federal regulations that allow for cities to avert the whistle blowing requirement but they require significant medians to be installed and additional road crossing systems The whole idea is that people cannot go around the crossing bar because of the phy sical constraints on the road Mr Pow ell stated the letter fi om Maxfield Research refers specifically to big box development on County Road 42 Ms Lindquist said the assumption is that the land area is such that it would be a larger user rather than a specialty user as in the downtown Chairperson Messner opened the public hearing Drew Storely, 14808 Boston Circle, stated that he visited homes in the area and 49 owners signed a petition asking that the rezoning not happen Mr Storley spoke about his concerns that when biuldmg they were told that the northwest would be single family townhomes and the southeast was owned by the church He stated residents of the area were not told of any possible rezoning and homeowners feel they are not treated fairly and expressed traffic and safety concerns Finally, he asked the Commission honor the zoning from when homes were built and honor the intentions that they were told when they built homes Mr Storley handed the petition to the recording secretary Renee Ward, 2602 148 Street West, stated she moved to Rosemount for the small town feeling, peace and quiet, and privacy Ms Ward checked with the City before purchasing the property that the lots behind her were zoned residential Ms Ward requested that the City uphold the original commitment to the neighborhood Matt Cassity, 14884 Brenner Court, questioned the access of the north side of the commercial portion off of the Business Parkway and how the area would have isibility but no access Ms Lindquist stated if the neighbors were concerned about traffic that Business Parkway would be disconnected The neighborhood would come from the north and the commercial traffic would come from Biscayne Mr Cassity wondered what it meant when the report stated this would reduce reliance on residents Ms Lindquist responded that right now the tax base in the Cit} is approximately 80% residential and about 20% commercial The council is trying to reduce the tax burden on residential properties and that bringing in commercial property is a tax benefit to residents Mr Cassity asked for copy of the ordinance specifically regarding commercial property relating to residential Ms Lindquist said it is in the zoning ordinance and that the standards are dispersed throughout each zoning district and halve specific standards Chairperson Messner stated that the meeting is to tall: about guiding of the property and not specific rezoning Mr Cassity also wanted to know more about the church Ms Lindquist said it is the Lighthouse Church City Planner Pearson gave the history of the Lighthouse Church deg elopment Mr Cassity asked for clarification about stoplights on Business Parkway and on Bremner Court Ms Lindquist stated the signal light would be at Biscayne Chairperson Messner stated to the audience that it would be helpful if comments are made if you feel there is a difference between the potential regarding on the east side of Business Parkway versus the land on the west side of Business Parkway and if they viewed a distinction Renee Ward, 2602 148 Street West, asked for clarification of Messner's request Ms Ward's personal iew is when she chose her lot, Bill Ryan told her the west side was commercial which is why she chose a lot further down and as far as the east side she was told it was residential and called the city to make sure it was residential Ms Ward said the only reason she bought that lot was because the east was zoned residential Drew Storley, 14808 Boston Circle, stated the neighborhood was hoping both parcels would remain residential and hopefully the west side would be residential Mr Storely raised two other points stating the residents knew about railroad noise when they bought their homes and the new signs posted by Progress Land Company ad`erhsmg the sale of commercial lots Mark Bany, 14652 Bloomfield Way, resides across from Biscayne Avenue and stated his concerns about traffic Mr Bany also said the City has not wanted commercial property in the past and it should stay that way David Kulawczyk, 2614 148 Street West, spoke about the tax issues Mr Kulawczyk stated he enjoys the pond and the kids in the area play mg in the courts of deg elopment but is concerned about the service drive, lighting, traffic, dumpsters, noise and crime Melissa Kennmger, 2734 148 Street West, said she would like to see a park on the west side Ms Kemmnger stated she lip es near the railroad and the noise is not that bad and feels people would buy townhomes along the railroad Ms Kennmger expressed her concerned about property value and the crime rate She would like to keep the small town feel. Beth Wright, 2542 148 Street West, spoke to someone in City Planning when building and that she knew about the railroad noise Ms Wright mentioned the bonuses of mot ing to Rosemount and that she plans to live here a long time and asks the City to reconsider and not move forward on the proposal Vicki Myers, 14810 Boise Circle, stated she agreed with the objections already stated and indicated she had previous experience living near commercial land Ms Myers feels the commercial development will invite trouble She feels deceived about the proposed change Dav id Gatz, 2669 148`" Street West, declared the Council needs to answer a bigger question and that is what to do with Rosemount Mr Gatz feels there is an attraction to the small town feel and he understands the tax implementations He indicated people don't want a lot of big commercial areas in the City Terry Virden. 2729 148 Street West, mentioned he lives in the only house not separated by a road near the commercial development and asked that the City stick to the original plan Mike Olson, Project Manager of Rosewood Project, Progress Land Company, clarified items for the audience Mr Olson stated the parcel marked "W" on the map is a paicel that was zoned residential right from the start About a year or more ago Progress Land was approached by Ryan Constiuction who is an agent who works closely with Target Progress Land told Ryan Construction they would be willing to sell the propert} to them as long as they were the applicant The parcel that is marked "C" has been commercial As far as the sign advertising commercial lots that is for the commercial lots and no one has emerged as a commercial user to purchase the land Mr Olson stated he respected the concerns of the people that have bought lots and that there is a real feasibility issue with developing commercial land on the parcel marked "W" According to Mr Olson, there has never been an apparent willingness by the county to put in a four -way signal at the intersection between parcels "C" and "E" Mr Olson spoke of the frontage road proposed through "E" and the interchange He feels the City has a need for commercial property but Progress in not driving the change to the comprehensive plan Prior to receiving notice from city of the comp plan amendment Mr Olson stated they had started working on another residential concept for the development of parcel "W" An unidentified audience member then questioned Mr Olson Chairperson Messner asked that the audience come up and speak into microphone Mike Olson stated there is a need for the City to have commercial development but that he content if this doesn't pass An unidentified woman questioned Mr Olson Chairperson Messner again addressed the audience stating all comments need to be on the record Mr Messner stated this was a city staff initiated proposal to reguide the property This is a first step in trying to figure out if this type of proposed requiding should go forward Mike Olson commented that Pastor Kraig owns parcel "E" and that he is not driving this change Chairperson Messner stated that specific questions for Mr Olson could be asked outside Bobby Bany, 14652 Bloomfield Way, questioned what the reasons are for the City rezoning commercial Ms Lindquist explained that Council goals prompted some initial discussions with the Council about available commercial land in the City These were two sites identified as potential commeicial due to their locational qualities Ms Lindquist clarified that the City Council makes a determination based on the discussion at the meetings and consistency with adopted goals Melissa Kenninger, 2734 18 Street West, questioned why the residents were not made aware of Target's interest Ms Kennmger asked about what kind of deN elopment to expect south of County Road 42 and if Ryan Construction and Ryan Real Estate were related companies Mr Olson stated that there are probably 20 Ryan Construction companies in Minnesota and they are not related Progress Land did not solicit Target and Target cancelled the option with Progress Land because of access issues Mr Olson questioned how feasible commercial is for the area Community Development Director Lindquist addressed Ms Kennmger's concerns stating the city's discussions with Target were fairl) recent Ms Lindquist also stated the land south of County Road 42 is the University property and stretches to a 1 /2 mile west of Highway 52 about 2,800 acres in Rosemount Matt Cassity, 14884 Brenner Court, questioned how recent the Target offer came about. Chairperson Messner stated the Target issue is not relevant but Mr Cassity said he felt it was a valid concern Ms Lindquist stated the City talked to Target in May or June of this year Mr Messner stated that companies are always out probing for new land but that does not mean a deal will happen Mr Cassity said he cannot imagine a worse case scenario than what is happening right now and opposes it Drew Storley, 14808 Boston Circle, said he appreciated Mr Olson's input and asked if Progress Land feels it is possible to deg elop residential land to the west and would it be profitable Mr Olson stated the main railroad spur development has been a perplexing problem There is a difference between the spurs that run through and feed the main railroad track The properties "C" and "W" front the main railroad and there is obviously more noise and traffic Progress Land is open to the idea of doing residential along the railroad but not sure the property along County Road 42 would work Mr Olson asked that Kraig Kestner speak on the church's part Pastor Kraig Kestner, 15587 Cherry Path, stated that the church has been trying to sell the property for two years The Church is not in a financial position to build a church Commissioner Zurn asked if Pastor Kestner has been approached by the CDA about low income housing and townhomes Pastor Kestner said yes and that they have gone through two appraisals and there was quite a disparity in the appraisals The County withdrew their interest based on the Church's appraisal Assistant Pastor Han ey Matson, 14950 Camfield Circle, stated he has experience with the same issues with development near his residence Mi Matson said our trust is in God and however it develops he is not pushing for it one way or another but that low income housing and mall development all bring their own challenges MOTION by Zurn to close the Public Hearing Second by Powell Ayes Schultz, Zurn, Messner and Powell Nays None Motion carved. Chairperson Messner asked for any follow -up discussion Commissioner Powell asked for a copy of the exhibit used as a reference Mr Powell had a few comments for the commission including concerns with creating the long cul- de -sac, signals, timing and access Mr Powell said it already sounds like there is a concept in the works for the west site for residential and he has seen other areas where there is residential near railroad tracks Mr Powell was concerned with the ponds Mr Powell commented that the overriding issue considered is that residents did a lot of research when moving into the area and to have that change would have a significant negative impact on the neighborhood and certain lots would be double fronted and for those reasons and the public comment he would vote against reguiding the area to commercial Commissioner Schultz questioned what the Met Council thoughts would be on the issue Ms Lindquist stated that typically the Met Council reviews comprehensive plan amendments based on a regional systems impact and this wouldn't have one Commissioner Messner had a question about the east parcel Given Dakota County's position that there would be no signal regardless of the development in the East whether low income housing, townhomes, commercial pioperty does any of those potential uses dictate that some type of road commeet between Business Parkway and Biscayne Ms Lindquist stated a road connection all the way through would make the most sense from any kind of planning standpoint whether residential or commercial Mi Messner asked if the spacing of that access unto Biscayne would have to be as far north as possible Ms Lindquist answered yes stating you want as much stacking as possible at both of the intersections Mr Powell asked would the staff think that the City would consider vacating any portion of Business Parkway as it sounds like it won't get any use with future development Ms Lindquist stated that the intersection will stay open as long as the signal warrants were not met When warrants are met at Biscayne or Business Parkway a signal will go in at Biscayne and Business Parkway connected to a 3 /4 mteisection At some point those options will be discussed Commissioner Zurn thanked the audience for participating as well as Mr Olson and the Pastors Mr, Zurn agreed with Powell and would vote against the motion MOTION by Powell to not recommend that the City Council approve the Comprehensive Amendment from UR Urban Residential to C Commercial subject to Metropolitan Council approval Second by Zurn Ayes Schultz, Zurn, Messner and Powell Nays None Motion carried Ms Lindquist indicated that the City Council is the final determination on this matter and the goes before the City Council on December 21, 2004 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Planning Commission Meeting Date November 23, 2004 Tentative Citv Council Meeting Date December 21, 2004 AGENDA ITEM: CASE 04 -82 -CP Comprehensive Guide Plan AGENDA SECTION: Amendment from UR Urban Residential to C Public Hearing Commercial PREPARED BY: Kim Lindquist, Community Development AGENDA NO. Director ATTACHMENTS Location Map, 01 -14 -04 and 02 -11 -04 CC APPROVED BY. Minutes, 02 -11 -04 Council Packet, Mailing Ma RECOMMENDED ACTION: Motion to recommend that the City Council approve the Comprehensive Plan Amendment from UR Urban Residential to C Commercial subject to Metropolitan Council approval ACTION: ISSUE The City has initiated a reguiding of residentially designated property in the Rosewood Estates area of the community The property proposed for reguiding fronts along County Road 42, west of Biscayne Avenue and north of existing commercial, immediately east of the main line railroad tracks. A location map of the two areas is attached Staff is not recommending rezoning of the property at this time BACKGROUND In January 2004, the City Council discussed at a workshop session the idea of reguiding and rezoning some of the existing property within the MUSA to commercial The site discussed was north of existing commercial property along County Road 42, just west of the railroad tracks The reason for the discussion was the lack of commercial land in the City, the Council's goal of attracting additional businesses into the community, and the site's desirability for residential development Applicant Property Owner(s) Area in Acres Current use Current Comp Plan Desig Requested Comp Plan Desig Current Zoning City of Rosemount, Applicant Progress Land Company, Owner Western parcel 14 9 acres Eastern parcel 17 3 Vacant Urban Residential Commercial R1 Low Density Residential District SUMMARY Land Use Last year, staff approached the City Council with the idea of regwding property east of Hwy 3 to commercial The suggestion was made in response to the lack of available commercial land within the Municipal Urban Service Area (MUSA) Attraction of more commercial services for city residents, and increasing the commercial industrial tax base of the community, are two goals of the City Council. The land use change is one strategy in helping to implement those goals Typically the City would look to reguide the property with a project However, the staff would like to market this property as commercial and therefore is recommending the change now Staff is not proposing to rezone the property at this time The Rosewood area has always raised the question of what is an appropriate land use The site is bordered on Biscayne Avenue to the east, County Road 42 to the south, 145 Street and an existing industrial use to the north and Hwy 3 and a railroad to the west The suitability for residential, given the proximity to the main rail line and several spurs, has been raised by several planning bodies over the course of time The area, if developed as residential, is also negatively impacted by its proximity to County Road 42 and an adjacent industrial use Further, as the City has allowed residential development to occur in the other sections of Rosewood, more calls have been received about the rail noise While WSB did investigate how to reduce the whistle noise situation, it appears that the solution at this time is impractical and economically difficult From a land use perspective the City currently has 142 33 acres of commercially zoned land in the community Aside from the land south of the more western parcel, almost all commercial land within the MUSA is developed This greatly diminishes the ability of the City to achieve its commercial /service and tax base goals Staff has reviewed areas of the community where land could be converted from residential to commercial, however, the current development pattern also limits the ability to reguide property in other portions of the city Traffic and Access Discussions with the Council in the early part of 2004 centered on reguiding of the most western property covered by this application At the January meeting there was a question as to whether having commercial development on this site would adversely impact the city's effort for redevelopment in the Downtown Maxfield Research was asked to comment on this question, as they were the consultant who conducted the Downtown market study Their information indicated that the development of this site would not directly compete with the Downtown as they would attract different commercial markets It is expected that the Downtown will primarily draw specialty retail uses, while these properties would be commercial more consistent with the current development pattern along County Road 42. The original assumption was that Industrial Park Boulevard would be the primary access point into the western commercial area Staff believed that the intersection would ultimately be signalized allowing for full movements to and from the site After discussions with Dakota 2 County it became clear that a signal would not be located at this intersection but would rather occur at Biscayne and County Road 42 The County's position is based upon the County Road 42 corridor study which requires 1 /2 mile spacing along the principal arterial roadway City staff determined that the most appropriate access for the entire commercial area would then be to construct a frontage road, from Biscayne, along County Road 42 Because a frontage road directing commercial customer traffic would run along 42, it was felt that the property along the entire length of County Road 42 should be commercial This would allow for construction of a commercial scale transportation system that would not traverse any residential development The frontage road would act as the access for all businesses along County Road 42, ending in the west, to the larger parcel Staff recognizes that there may be concern by existing Rosewood residents about commercial traffic going through the residential neighborhood Some preliminary designs would allow disconnecting of Industrial Park Boulevard allowing commercial access from the south and residential access from the Biscayne The final alignment of the road would be somewhat dependent upon the desires of the neighborhood and the end user of the commercial property Process When discussions have occurred about the change in land use on these two properties, the Council and staff have committed to site plan techniques that would limit the negative affects on existing homeowners It would be expected that significant berming and landscaping would occur to mitigate lights and views from the commercial property to the existing residents Detailed discussions such as this would occur during the site plan review process The current application is for a Comprehensive Plan amendment to change the land use from Urban Residential to Commercial The process requires a public hearing and neighborhood notice The notice has been sent to an expanded area to include all properties within the Rosewood area that are listed in the County records At this time there is no specific user interested in the property There are several opportunities for the public to comment on the development of this site Development of the site as a commercial property will require rezoning of the property to one of the commercial zoning categories, which will require a public hearing and public notification A site plan review would most likely occur during the rezoning process This process will provide the details of the specific project Typically in an area such as this, where there is a transition between land uses, the City would request the developer also hold a neighborhood meeting to introduce the protect to the community prior to making a formal application with the City RECOMMENDATION Staff supports the reguiding of the property at this time It is felt that the site locations lend themselves more to a commercial than residential use This change is consistent with the Council goals for increasing commercial services within the community and growing the commercial /industrial tax base in the city This application is the first step in the process for development of the site The city would like to market the property as commercial which is easier with the reguiding There will be 3 additional opportunities for the public to be involved with the final disposition of the site The rezoning and site plan process will permit residents to see what is recommended and address specific detailed concerns about the use, architecture, lighting, traffic, and on -site views However, it should be understood that if the reguiding takes place, it is expected that some type of commercial use would ultimately develop the property If the Planning Commission has reservations about commercial development on the property the Commission should recommend against the application If there are specific aspects of a future site plan that the Commission would like to see implemented, staff is interested in any direction about potential future site plan issues 0 Progress Land Company Parcels Comprehensive Plan Amendment LEGEND /Streets Railroads Saarae Dakota County GIS Deparbnent Cary ofR— atount Cona uy Development Deparenent November2004 Parcels to be Regwded from UR Urban Residential to C Commercial 350 0 350 700 Feet Excerpt from the Committee of the Whole Work Session of January 14, 2004 Rosewood Estates Community Development Director Lindquist requested direction from City Council on the land use for the parcel east of the railroad tracks on Highway 3 and north of CR 42 Discussion included commercial or business park uses along CR 42 and changing the proposed single family homes to townhomes The entire business parcel would seem to be more of a commercial use because of the closeness of the railroad The lot size would alloy; a larger chain retail center Staff was asked to research interest in the site and to inquire with Maxfield Associates how this might affect local businesses Mayor Droste noted that the Downtown Redevelopment Committee should be consulted Excerpt from the City Council Work Session of February 11, 2004 Rosewood Estates Community Development Director Lindquist requested direction from City Council on the land use for the parcel east of the railroad tracks on Highway 3 and north of CR 42 and the parcel considered the "church property The developer indicated they would like townhomes on the western lot, but staff is interested in promoting commercial uses on the property Dakota County Community Development Agency (CDA) submitted a letter for a potential townhome development and the letter stated that Lighthouse Community Church was considering selling some of its property CDA would require about five acres for their protect Council indicated they were comfortable with a possible land use change Mike Olson of Progress Land Company shared some concerns his company has as property owner CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COUNCIL WORK SESSION DATE: February 11, 2004 AGENDA ITEM: Rosewood Estates Property AGENDA SECTION: Discussion PREPARED BY: Kim Lindquist, Community DeN elopment Dir AGENiTEM ATTACHMENTS- Letter from Maxfield Research, Map, WSB Traffic APPROVED BY: Information RECOMMENDED ACTION: Piovide staff direction AUTHORITY ACTION: At the last Council Work Session, staff raised a question about the land use for a property within the Rosewood Estates area The property is currently designated for Urban Residential and is zoned Rl Low Density Residential The developer has approached planning staff about rezoning the property to permit townhome units and has provided a concept plan Staff questions whether this is a good location for residential uses and w ould like to explore a commercial use on the site This would be consistent with the designation and zoning of the property immediately south of the site Council seemed receptive to having the property be rezoned and reguided to commercial One question was what the change in land use of this parcel could do to the city's downtown redevelopment efforts Jay Thompson, Maxfield Research, has provided a memorandum addressing this concern He conducted the recent market study for the downtown project His letter indicates that he does not believe there will be any conflicts between the commercial developer that would be attracted to the Rosewood site v ersus the downtown area They are two different market niches Potential traffic impacts to the existing neighborhood would also be a discussion point WSB is looking at some traffic layouts that could reduce, but not eliminate, cut through traffic in the adjoining Rosewood neighborhood Attached are some preliminary comments and alternative traffic concepts provided by WSB Based upon the discussion at the February work session, staff will be talking to the property owner about dev elopment on the site Should the Council indicate that the property might be a better commercial site than residential, staff would initiate a comprehensiv e guide plan amendment We would wait to rezone the property until a project was brought before the City for review Given the above discussion, staff would also like to raise the disposition of the property immediately to the east, the church property It appears that the church may be selling the property and is looking for suitable users Staff has spoken to the CDA about using a portion of the 15 acre site They may be interested in using approximately 5 acres for affordable townhomes They are also looking into a single family affordable housing product that might fit on this site According to representatives of the CDA, the church may be interested in keeping approximately 3 acres for their future needs Additionally, there are 4 -5 acres of pondng on the site Subtracting all of the stated uses, there is approximately 2 -3 acres for additional deg clopment Depending upon the site design, staff could envision a commercial use locating at the southwest corner of the parcel That would put it immediately across from commercial and would create a smaller commercial hub in the area Staff would like discussion and direction on the preferred future land uses of the "church" parcel We would like to confirm the Council's interest in having a CDA project on a portion of the site, of course, pending further details We would also like know if the Council could support additional commercial on a portion of this site, so long as it complements the other uses and is appropriately designed to handle traffic concerns ifield R It 11101 lnL i January 29, 2004 Ms Kim Lindquist Community Development Director City of Rosemount 2875 145` Street West Rosemount, MN 55068 Dear Ms Lindquist It was a pleasure speaking with you on Monday about the impact that a big box retail store near Downtow n Rosemount would have on the potential for retail in the Downtown As I understand, there is a proposal to rezone a parcel on the northeast intersection of Highways 42 and 3 (east of the rail road tracks) to allow big box retail Our Market Potential Study for Downtown Rosemount, completed in November 2003, found demand for an additional 59,000 square feet of retail space in the Downtown through 2008 This demand was calculated for store types that are appropriate for a downtown environment that is, smaller stores (about 5,000 square feet or less) that do not need large parking lots and that will also be able to market their unique Downtown location as an experience that can't be found at shopping centers Big box stores would not fit this retail category, and therefore, there would likely be little competition between Downtown businesses and a big box store located on the subject Site at Highways 42 and 3 In short, big box on the subject Site will not reduce our calculated retail demand in Downtown In fact, it may strengthen the Downtown by generating additional traffic to the area, providing Downtown businesses the opportunity to capture "spin -off' customers If you have questions or need additional information, please contact me Sincerely, MAXFIELD RESEARCH INC Jay Thompson Senior Research Analyst 615 1' Avenue NE #400, Minneapolis, MN 55413 (612) 335 -0012 fax (612) 9047979 W B &Rss odes, bw Memorandum To: Andy Brotzler, P.E., City Engineer City of Rosemount From: Chuck Rickart, P E., P.T.O.E, Tra sportatzon Engineer WSB Associates, Inc. Date: February 3, 2004 Re: Rosewood Village Access II'SB Project No. 1005 -47 The proposed Rosewood Village Development is planning a commercial area north of CSAH 42 and west of existing Business Parkway With all access to this proposed commercial area from Business Parkway, a potential issue exists for cut through traffic between Biscayne Avenue and the commercial area, trying to avoid CSAH 42 Based on this potential, two alternative access designs have been developed to help eliminate and/or reduce this cut through traffic potential Each altemativ e is discussed below Access Alternative 1 Residential One -Way Access This access alternative would require Business Parkway to curve to the west lust north of CSAH 42 A right turn only and one -way to the existing 148` Street would be provided This alternative would eliminate all access from the residential neighborhood to the proposed commercial area, and to CSAH 42 via Business Parkway All traffic from the residential area north of CSAH 42 would be required to access CSAH 42 at Biscayne Avenue Traffic entering the area would have the option of taking the one -way in from Business Parkway or from Biscayne Avenue The attached figure illustrates this alternative Access Alternative 2 Residential Right In/Right Out Access This alternative would be similar to Alternative 1, with Business Parkway curving to the west into the commercial area with 148 Street teeing into Business Parkway as a right in/ right out. In this alternative, the median would need to be extended past the 148`' Street access to prevent left turning traffic from the commercial area to turn onto 148 Street Similar to Alternative 1, traffic exiting the residential area to the north of CSAH 42 would be required to access CSAH 42 at Biscayne Avenue No left turn out would be allowed at Business Parkway The potential for cut through traffic would exist for traffic from Biscayne Avenue going to the commercial area using the right out from 148` Street The reverse movement from the commercial area to Biscayne Avenue would not be allowed and traffic would be required to use CSAH 42 to Biscayne Avenue The attached figure illustrates this alternative C IDoaanents and SeamgslglblLocal SelangslTemporary Internet FdesIOLK141020304- memo -ab doc Mr Jeff Sandberg, P E Apn13,2O02 Page 2 Both alternatives would require additional right-of-way and reconstruction of the roadways from l ust north of CSAH 42 to approximately Brenner Court Based on review of the geomctncs and potential for cut through traffic, Alternative I would provide the best alternative for eliminating the potential cut through traffic However, this alternative also eliminates access to the commercial area from the residential area between Biscayne Avenue and Business Parkway If you have any questions or require any additional information on these alternative access configurations, please contact me at 763- 287 -7183 4150 Olson Memorial Highway Suite 300 Minneapolis Minnesota 55422 763 -541 -4800 763 -541 -1700 FAX IDacamenu and Sauagslg7blLo l Setangsl7emporary laternei FdeslOLK141020304nnan. -nb doc Progress Land Company Parcels Comprehensive Plan Amendment Notification Area LEGEND V Streets 350 ft Notification Area Railroads Parcels to be Reguided to Commercial Sauce Dakota Counry GIS Department& 350 0 350700 Feet Qty ofRosemount Commumry Development Department November2004 Excerpt from the Committee of the Whole Work Session of January 14, 2004 Rosewood Estates Community Development Director Lindquist requested direction from City Council on the land use for the parcel east of the iaihoad tracks on Highway 3 and north of CR 42 Discussion included commercial or business pack uses along CR 42 and changing the proposed single family homes to townhomes The entire business parcel would seem to be more of a commercial use because of the closeness of the railroad The lot size would allow a larger chain ictail center Staff was asked to research interest to the site and to inquire with Maxfield Associates how this nught affect local businesses Mayor Droste noted that the Downtown Redevelopment Committee should be consulted Excerpt from the City Council Work Session of February 11, 2004 Rosewood Estates Community Development Director Lindquist requested direction from City Council on the land use for the parcel east of the railroad tracks on Highway 3 and north of CR 42 and the parcel considered the "church property The developer indicated they would like townhomes on the western lot, but staff is interested in promoting commercial uses on the property Dakota County Community Development Agency (CDA) submitted a letter for a potential townhome development and the letter stated that Lighthouse Community Chinch was considering selling some of its property CDA would require about fiN e acres for their project Council indicated the) were comfortable with a possible land use change Mike Olson of Progress Land Company shared some concerns his company has as property owner CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COUNCIL WORK SESSION DATE: February 11, 2004 AGENDA ITEM: Rosewood Estates Property AGENDA SECTION Discussion PREPARED BY: Kim Lindquist, Community Development Drr AGENT E a ATTACHMENTS: Letter from Maxfield Research, Map, WSB Traffic APPROV ED BY: Information RECOMMENDED ACTION Provide staff direction AUTHORITY ACTION: At the last Council Work Session, staff raised a question about the land use for a property within the Rosewood Estates area The property is currently designated for Urban Residential and is zoned R1 Low Density Residential The developer has approached planning staff about rezoning the property to permit townhome units and has provided a concept plan Staff questions whether this is a good location for residential uses and would like to explore a commercial use on the site This would be consistent with the designation and zoning of the property immediately south of the site Council seemed receptive to having the property be rezoned and regraded to commercial One question was what the change in land use of this parcel could do to the city's downtown redevelopment efforts Jay Thompson, Maxfield Research, has provided a memorandum addressing this concern He conducted the recent market study for the downtown project His letter indicates that he does not believe there will be any conflicts between the commercial developer that would be attracted to the Rosewood site versus the downtown area They are two different market niches Potential traffic impacts to the existing neighborhood would also be a discussion point WSB is looking at some traffic layouts that could reduce, but not eliminate, cut through traffic in the adjoining Rosewood neighborhood Attached are some preliminary comments and alternative traffic concepts provided by WSB Based upon the discussion at the February work session, staff will be talking to the property owner about development on the site Should the Council indicate that the property might be a better commercial site than residential, staff would initiate a comprehensive guide plan amendment We would wait to rezone the property until a project was brought before the City for review Given the above discussion, staff would also like to raise the disposition of the property immediately to the east, the church property It appears that the church may be selling the property and is looking for suitable users Staff has spoken to the CDA about using a portion of the 15 acre site They may be interested in using approximately 5 acres for affordable townhomes_ They are also looking into a single Emuly affordable housing product that might fit on this site According to representatr, es of the CDA, the church may be interested in keeping approximately 3 acres for their future needs Additionally, there are 4 -5 acres ofpondmg on the site Subtracting all of the stated uses, there is approximately 2 -3 acres for additional development Depending upon the site design, staff could envision a commercial use locating at the southwest comer of the parcel That would put it immediately across from commeicial and would create a smaller commercial hub in the area Staff would like discussion and direction on the preferred future land uses of the "church" parcel We would like to confirm the Council's interest in having a CDA project on a portion of the site, of course, pending further details We would also like know if the Council could support additional commercial on a portion of this site, so long as it complements the other uses and is appropriately designed to handle traffic concerns V afield o, Resva"[1111L January 29, 2004 Ms Kim Lindquist Community Development Director City of Rosemount 2875 t45` Street West Rosemount, MN 55068 Dear Ms Lindquist It was a pleasure speaking with you on Monday about the impact that a big box retail store near Downtown Rosemount would have on the potential for retail in the Downtown As I understand, there is a proposal to rezone a parcel on the northeast intersection of Highways 42 and 3 (east of the rail road tracks) to allow big box retail Our Market Potential Study for Downtown Rosemount, completed in November 2003, found demand for an additional 59 000 square feet of retail space in the Downtown through 2008 This demand was calculated for store types that are appropriate for a downtown environment —that is, smaller stores (about 5,000 square feet or less) that do not need large parking lots and that will also be able to market their unique Downtown location as an experience that can't be found at shopping centers Big box stores would not fit this retail category, and therefore, there would likely be little competition between Downtown businesses and a big box store located on the subject Site at Highways 42 and 3_ In short, big box on the subject Site will not reduce our calculated retail demand in Downtown In fact, it may strengthen the Downtown by generating additional traffic to the area, proti idmg Downtown businesses the opportunity to capture "spin -off' customers If you have questions or need additional information, please contact me. Sincerely, MAXFIELD RESEARCH INC Jay Thompson Senior Research Analyst 615 1 Avenue NE 4400, Minneapolis, MN 55413 (612) 338 -0012 fax (612) 9047979 4 II,,�� A& W B AM� Assoaates, lie. Memorandum To: Andy Brotyler, P E., City Engineer City of Rosemount From: ChuckRickart, P.E., P.T.O.E., Transportation Engineer WSB Associates, Inc. Date. February 3, 2004 Re: Rosewood Village Access WSB Project No 1005 -47 The proposed Rosewood Village Development is planning a commercial area north of CSAH 42 and west of existing Business Parkway With all access to this proposed commercial area from Business Parkway, a potential issue exists for cut through traffic between Biscayne Avenue and the commercial area, trying to avoid CSAH 42 Based on this potential, two alternative access designs have been developed to help eliminate and/or reduce this cut through traffic potential Each alternative is discussed below Access Alternative 1 Residential One -Way Access This access alternative would require Business Parkway to curve to the westlust north of CSAH 42 A right turn only and one -w ay to the existing 148 Street would be provided This alternative would elimin ate all access from the residential neighborhood to the proposed commercial area, and to CSAH 42 via Business Parka ay All traffic from the residential area north of CSAH 42 would be required to access CSAH 42 at Biscayne Avenue Traffic entering the area would have the option of taking the one -way in from Business Parkway or from Biscayne Avenue The attached figure illustrates this alternative Access Alternative 2 Residential Rn, In/Right Out Access This alternative would be similar to Alternative 1, with Business Parkway curving to the west into the commercial area with 148` Street teeing into Business Parkway as a right in/ right out In this alternative, the median would need to be extended past the 148` Street access to prevent left turning traffic from the commercial area to turn onto 148 Street Similar to Alternative 1, traffic exiting the residential area to the north of CSAH 42 would be required to access CSAH 42 at Biscayne Avenue No left turn out would be allowed at Business Parkway The potential for cut through traffic would exist for traffic from Biscayne Avenue going to the commercial area using the right out from 148' Street The reverse movement from the commercial area to Biscayne Avenue would not be allowed and traffic would be required to use CSAH 42 to Biscayne Avenue The attached figure illustrates this alternative C (Documents and SetttngslajYLocal SeningsIT'emporary Internet FdesVLK141020304- memo -ab doc Mr Jeff Sandberg, P E April 3, 2002 Page 2 Both alternatives would require additional nght -of -way and reconstruction of the roadways from lust north of CS AE 42 to approximately Brenner Court Based on review of the geometries and potential for cut through traffic, Alternative 1 would prop ide the best alternative for eliminating the potential cut through traffic However, this alternative also eliminates access to the commercial area from the residential area between Biscayne Avenue and Business Parkes ay If you have any questions or require any additional information on these alternative access configurations, please contact me at 763-287-718' Olson Memonal Highway Suite 300 Minreopolu Minnesota 55422 763 -541 -4800 763 -541 1 700 FAX C IDxaments and Settings WjblLoca! Setttngsl Temporary lnternet FlfuIOLK /01020304- mutm -ab doe F. bw MEMORANDUM TO: Jamie Verbrugge, City Administrator Kim Lindquist, Community Develop ent D' ector FROM: Gary Kalstabakken, Chief of Police DATE: December 21, 2004 RE: Commercial Area Crime Activity — Eagan and Apple Valley Data The staff of the Eagan Police Department provided the two (2) attached maps depicting calls for service in the residential areas near the Eagan Target and Wal -Mart stores. These two maps depict all calls for service. As the graphics on the maps indicate, the areas near the stores do not have a higher level of calls for service than other similar residential areas that are farther away from the retailers. The two retail areas used in the Eagan maps do show a higher level of calls for service than most residential areas. However, it is important to note that these calls include many non - criminal public service calls, e.g. vehicle lockouts. Retail areas will generate calls based upon the store's policies. Stores taking an aggressive approach to shoplifting prevention and detection will result in increased police response to the store. There will be other types of crimes that are directly related to retail establishments, such as, credit/debit card fraud, forged checks, and forged drug prescriptions. The information provided by Eagan, as well as Rosemount's own data from our retail areas, shows that any crime or police calls for service does not spill over into the adjoining residential areas. Apple Valley PD did not provide any detailed information by Tuesday afternoon. The police chief did state that his experience indicates that crime in their retail areas does not negatively impact any adjoining or nearby residential areas. Eagan Calls for Service - Density /Square Mile (1/1/04 - 12/17/04) As you can see, these three residential neighborhoods close to Target do not appear to have an extraordinarily high �k number of Police calls, i r - tr Target Stores /Cliff Lake Center Legend Call Density lowest And highest " Eagan Calls for Service - Density /Square Mile (1/1/04 - 12/17/04) Legend Call Density lowest m highest RYAH w�Rne�. ROSEMOUNT DEVELOPMENT CONCEPT SITE AND FRONTAGE ROAD ROSEMOUNT, MINNESOTA SITE PLAN wr_bea.oN.a wne. C 1 pe vei4n[e j Page 1 of 2 Lindquist,Kim From: Pat & Heidi [patandheidi @frontiernet.net] Sent: Monday, December 20, 2004 10:03 PM To: Lindquist,Kim Subject: ROSEWOOD COMMENTS My name is Patrick Nicklay and my wife Heidi and I live at 14891 Brenner Court. About five and a half years ago we married and purchased our first home, a townhouse in Woodbury. Moving to Woodbury was a difficult decision because it placed us a considerable distance from family and friends. However, the proximity to both of our places of work, plus finding everything we wanted in a starter home was too difficult to resist. After the first year or so, we really began to enjoy living in Woodbury, we lived in a quiet neighborhood and enjoyed yearly activities such as Woodbury Days and the annual city -wide garage sale. However, after about three and a half years we had outgrown our town home and knew it was time to think of something bigger, especially if we planned on starting a family. When considering if we would stay in Woodbury, the most important factor was if it was a city where we'd want to raise our children. Unfortunately, Woodbury has taken the initiative to forget about being a people -first city, and quickly joined the business -first fray. First the Sam's Club opened, then a Super Wal- Mart was announced, next came the plans for the new "Lifestyle Centers" that would include a new Best Buy and all the trendy restaurants. It's extremely easy to sell this idea to residents of a city because people love the concept of convenience. As long as it is in someone else's backyard, then who cares. Never mind the increase in traffic and crime, as long as it's more convenient, then that's okay and maybe some people enjoy stop lights every 250 feet. I sure didn't. Therefore, when we decided to build a new home, Woodbury was never a consideration. We considered Apple Valley, Farmington, Lakeville and Rosemount. Apple Valley was quickly eliminated for much of the same reasons as Woodbury. I had three sisters and their families all living in Rosemount at the time and they all raved about the community and the great school system, Leprechaun days and the flower garden at Central Park. They forewarned us that the property taxes were probably higher than other cities, mainly because of Rosemount's decision to limit commercial growth. The tradeoff certainly seemed worth it to us. After seeing numerous model homes and looking at different lots in Farmington and Lakeville, we always kept coming back to Rosemount. We loved the established small -town feel. We heard about the downtown revitalization project and it sounded like a great concept. Rosemount offered more than we ever dreamed of. We found a great cul -de -sac lot in the Rosewood Estates development and were extremely excited to build here. We asked about the neighboring property and were told it was zoned residential, that a church would be going along the County Rd 42 corridor and that the only commercially zoned property was a square section of land bordering County Rd 42 and Hwy 3. The prospect of living within walking distance of both downtown and Central Park was a also a big draw, and being so close to St. Joseph's church as well as the schools were also important factors. It's like filling out a wish list of what you are looking for in a city, community, neighborhood and home and having each wish come true. Rosemount felt like the place we wanted to be:.. We took the big plunge and began the building process. At times it was stressful, the choices were plentiful but money was not. It was a fantastic and sometimes overwhelming process, but in the end we are excited to say we truly got our dream home: a place to raise our children, to make friends, to be a part of the neighborhood and community. We moved into our new home in February of 2004, we couldn't have been more pleased. The neighborhood was beautiful and we felt the location could not be beat. After a wonderful but busy first summer, weekends spent laying down sod, or landscaping our new yard, we watched our neighborhood grow into something more truly unique and beautiful. The news we recently received that Rosemount was considering rezoning the residential land around our home and neighborhood and making it commercial arrived like a huge sucker punch. Visions of gas stations, strip malls, restaurants or fast food joints immediately came to mind. All of this in our backyard and just down the street from our house and neighborhood. The thought sickens me every time I think of it. When we envisioned our dream home and a neighborhood that was safe and friendly for raising our children, we never once envisioned having a gas station next door, or the semi - trailers and the additional traffic that would be generated from commercial development. I ask you if that sounds like a dream to you? If that is the type of neighborhood you would want your children raised in? It isn't to me. 12/21/2004 Page 2 of 2 The main argument in this debate is that the city of Rosemount had the opportunity to deem this land commercial. The city, for whatever reason chose not to. It does not make sense to me or my neighbors for the city to deem this land residential, pass all the building permits for homes to be built on this land, to see a beautiful neighborhood and community develop and then yank all the dreams and hopes from the city's newest residents with plans to add gas stations and restaurants literally right next door next door to $300,000 homes. If that was the intent of the city, then the neighborhood should have never been deemed residential. If it was commercial property from the very beginning, we would not be having this debate and the neighborhood's residents would have built elsewhere. To go back after 55 homes are built and lived in, the sod is laid down, landscaping completed and tell the residents that plans might change and instead of townhomes you might get a Target, SuperAmerica or Taco Bell next door or in your backyard is a very disgusting thought. We built our homes with the understanding our neighbors would be other people with the same dreams as ours, we did not build our home only to see semi - trucks and thousands of cars streaming down the same roads our children ride their bike on. I think the city needs to reflect upon its roots as a people -first community, a community where there are parks, not gas stations in every neighborhood. While we do understand the city's desire to have additional commercial tax based income to alleviate the tax strain upon its residents, at what cost is the city willing to make in order to achieve those goals? Is it worth it to cheat hard working families out of their dream so other residents have more dining options? Is it worth having to fear for our children's lives for fear a speeding car will run them over on the way to the local liquor store? The city's own planning commission has rejected the proposal to make this change, why have a planning commission if their advice is disregarded? Please honor the original intent for this land and leave it for residential growth. I promise you that you will get a much better feeling in your heart when you drive down County Road 42 and you see the children out riding their bikes in the summer or playing baseball and soccer in the yards and not the sight of semi - trailers, parking lots, dumpsters and cars, cars, cars. Sincerely, Patrick and Heidi Nicklay 12/21/2004 Page 1 of 1 Lindquist,Kim From: david.gatz @thomson.com Sent: Tuesday, December 21, 2004 11:01 AM To: Lindquist,Kim Subject: ROSEWOOD COMMENTS Ms. Lindquist and members of the Rosemount City Council: I am writing this letter to urge the city council to not approve the proposed re- zoning of the properties abutting Rosewood Estates from their current classification of Residential to Commercial. While I'm not against commercial development in general, this particular change is bothersome for several reasons. The most obvious reason for me is that it is close to my home. Putting that aside, there are other reasons why this proposal should be voted down. First, when moving into the neighborhood a LARGE number of families contacted the city inquiring about the empty lots. They were assured that the lots were residential and that there were no plans to change that classification. Now, one -year later, the city is (on its own initiative, not based on a petition by the current property owners) seeking to change the classification from residential to commercial. As it sits, the owners of the 2 parcels stated at the planning commission meeting that they were fine with either classification, but wanted closure on the issue. Second, because of the relation of the properties to both County 42 and the Railroad tracks, the proposal is to run a frontage road directly behind a row of 20 or so backyards to reach the commercial properties. Not only would this be terribly unsightly for the residents (mine is not a property that would be directly affected), but it would be highly impracticable and awkward for consumers actually using the commercial space (it is for this very reason that Target no longer considers the properties a viable option.) Third, the council's actions wreak of incompetent planning and /or dishonesty to the residents. Were the city up front with its plans at the time people paid for their properties that would be okay (still an ill- conceived plan, but okay). Had the city rezoned the whole area (including my neighborhood) commercial prior to the houses being built it would have made sense (a larger space available, insulated from residential areas able to accommodate commercial properties.) However, now the city is trying to remedy poor initial planning with even poorer current planning and apparent dishonesty (given the short period of time from when people were assured of no plans to re -zone and the initiative to actually re- zone.) Finally, the proposed re- zoning runs counter to the charm and character of Rosemount. Part of Rosemount's charm is that it isn't Apple Valley. Part of Rosemount's charm is the quaintness of its neighborhoods. Rosemount's charm is it's "small town" feel. Proposals placing commercial space in resident's backyards runs counter to what makes Rosemount a better community than its more commercialized neighbors. I encourage all council members to vote against the proposal. This proposal has turned our neighborhood into a politically active one. I, for one, will make this an issue upon which I will base future votes for city council and mayor. David Gatz 2669 148th St. W. 12/21/2004 Lindquist,Kim From: Adam.Wright @minnesotamutual.com Sent: Monday, December 20, 2004 2:36 PM To: Lindquist,Kim Subject: ROSEWOOD COMMENTS Dear City Council Members, The more I think about the potential rezoning of the land adjacent to Rosewood Estates, the more frustrated I become. In the Star Tribune South section, the article includes a comment from Kim Lindquist stating that the council wanted to "resolve it and move on." Well believe me, after speaking with numerous neighbors regarding this, if the city council does in fact vote to rezone the land to commercial, we will not just move on. We will fight this in the court of law if need be. We are prepared for this and will fight for what is right. The downtown revitalization is something everyone in Rosemount will be happy to see, however by moving in big box retail to Rosemount, it will destroy any chance of making the downtown great. History shows once a big box retailer such as Target and Walmart move into an area, the little guy always loses. The case can already be made in Rosemount by Knowlans closing it's doors the day Cub Foods moved in. How can you expect the "small niche shops" to be successful when you have multi - billion dollar stores shoving them out of town. Do you really want all the work that has gone into the revitalization crushed by this rezoning? Don't deceive your residents this way. Remember, we gave you the power to make the right decisions, don't make us regret doing so. Your job is to represents us as citizens, not to fall prey to certain individuals looking to make a quick buck. Sincerely, Adam Wright 2542 148th St W Rosemount, MN 55068 Ms. Lindquist and concerned others, I have been observing the discussions and reports in the paper in regard to the Rosewood addition. Simply put, my vote is for this to be utilized as a commercial opportunity first and some sort of residential second. As a few of the people on staff and on the council know, I was involved as a key figure in the Shannon Pond development a few years ago and am witnessing many of the same arguments, concerns, pointed questions, indignation and emotion that was evident with that situation. In reviewing the current land, its relationship to the railroad line and Cty Rd 42, 1 can only deduce that the best use for it is as commercial development. We are soon to be in 2005 and lighting concepts, landscaping layouts and aesthetically pleasing buildings are available to developers and investors. This doesn't need to be a "square box" enterprise, but can have an appeal to it (i.e. Arbor Lakes) so that being next to it doesn't denote negative connotations. So the impact on existing house can be buffered. I also must say, that having lived in Rosemount for 16 years, I'd always assumed that this property was going to be commercially developed and was somewhat surprised that any houses had been built in that quadrant. This was based on my own paradigms of what I would find to be attractive as a livable space. As a city, we need more commercial enterprises to help growth and defray, to a certain extent, taxes. As I see it, even with the downtown initiative, which is perhaps best defined as "slogging" forward, (no offense to all that are involved) because of the "small town charm that is part of the discussion, any monies for the city in the way of tax revenue, are a ways off. So designating the Rosewood area as commercial would bring another opportunity for the city to help itself. Two other notes I would like to make are 1) the professionalism and comportment that Ms. Lindquist, Mr. Pearson, Mr. Messner and the city representatives held during the Planning Commission meeting a few weeks ago was excellent, as it had all of the ingredients to turn into a shouting match. It was controlled well, they should be commended. And 2} the argument from the residents of '..'when I purchased the house the realtor told me this was zoned residential" is the same one we proffered in our meetings years ago. I can understand the anger that these people have, partly because this will be the only "new" house many will purchase and also being Midwesterners, we tend to trust what is being told us. I don't know what can be done to control this information /misinformation flow by the realtors and having them specifically pointing out to the buyers that the undeveloped land next to them could change hands numerous times before it is finally developed, with the vision of each new owner significantly different than the last. People. purchasing new home are usually lost in the process and not reasoning thru future ramifications. of their surrounding area. Maybe that is just more legislation that is unneeded, but I would say it is the root of the issue at !'and. My apologies for being 8o verbose, but t!1 {S is an issue that ^ far beyond what I've written here. Thanks to all of you for the good work and service you do for our community. Merry Christmas and Happy New Year, Jim Burkhardt 4160 158th St. W. Ilk E Thursday, December 16, 2004 Dear Mayor & Rosemount City Council Members, We would like to express our concerns and objections to the proposed change to the 2020 Comprehensive Guide Plan, by amending the plan to change the property North of Cty Rd 42 and East of Hwy 3 South, of the rail road and West of Biscayne Avenue in Rosewood Estates from UR -Urban Residential to C- Commercial. We want to thank you in advance for taking the time to read our letter with an open mind, understand our concerns, and think through the full impact & result of the decision you will be making on Tuesday, December 21 St ' My husband and I have lived in Rosemount since 1999 (except for the 9 months that we spent living at my parent's while waiting for our new home to be completed). We started looking for a new home, in a good community in which to raise our children, after our first child, Jacob, was born in 2002. We looked at Lakeville, Farmington, Inver Grove Heights, Woodbury, Apple Valley, Eagan and Rosemount. We really enjoyed Rosemount, loved the small town community, believed in the mission of the city and were optimistic about the potential of the downtown area. We settled on Rosewood Estates after much thought on what we wanted, location, connection to local builders, and what we could get for the money. We, like many of our neighbors did our due diligence and investigated the land that would be surrounding us and learned that it was zoned residential and it was being forecasted that the land would be single family homes, town homes, and possibly a church, with a small area being commercial. We were especially concerned about the future of the property surrounding our future neighborhood and its plans because our house sits on the corner of 148" and Business Parkway. We felt reassured by the response of the city that the land would be developed as residential. Now, in our home for less than a year, with our second child, Abigail, born this fall, we are battling to keep our dream, of raising our children in a safe neighborhood, community focused city, with small town character, and excellent schools, alive. If commercial development is to be done across from our neighborhood it is going to bring many challenges that weren't anticipated. One of these challenges is the increased amount of traffic surrounding our neighborhood. At . the planning commission meeting, a traffic plan was presented that would create a dead -end, cul -de -sac at the end of our street and all the commercial traffic would be routed through a new road just to the south of our development, in many of the homes backyards. While this traffic plan may sound OK to those that aren't directly impacted, and like it will address some of the traffic concerns, we are concerned about the validity of this plan. The design of this plan has primarily one entrance /exit into the property. We are not sure that this plan would pass all of the coding requirements and therefore we could end up with an entrance right off of our neighborhood, across the street from our home. We feel this is just one example of plans that are premature. With unknown details in this area, the traffic & safety impact on our neighborhood cannot be discounted. It was also interesting to hear that when there was a possibilityfor a residential development - to go in on the property North of 42 they couldn't -get approval for a -- - road off of Biscayne but when commercial came in al I of a sudden that road could be done. There are many other things that will result from this change including a decrease in the value of our home, our single largest investment, and that of all our neighbors, the safety for our children, increased crime rate in the area, the view, noise, & lighting to mention a few. The city officials have communicated during the planning commission meeting and various published articles, their reasons for wanting to make this change. One of these reasons is the tax burden relief that the city will benefit from with commercial businesses. In a newspaper article, Mr. Verbrugge had commented that there is no estimate of how this change could yield a broader tax base. If that is unknown, and the effect is just being assumed, this is an example of where there is lack of data to justify reversing the commitment that was made by the City Council. That commitment being, this land would be residential. It was because of this commitment, single family homes were built and now, with a portion of the land developed, the City Council wants to go back on that commitment without enough details to justify such a change. Another reason for this purposed change is that additional amenities are desired by the majority of the residents of Rosemount. We do not doubt that the answer of the residents of Rosemount to the question, "would you like more restaurants" would be YES. However, if you ask the same question and add, the open land in your neighborhood is being changed from residential to commercial use so these restaurants can be built there, the answer would be NO. This story is completely different if the neighborhood would have been built knowing the surrounding land was zoned commercial. The homes in our neighborhood were built on trust, and belief that the city was going to stand behind their commitment to develop the land as planned. Also, it was mentioned by the developer of the land, that the potential for commercial on this property is very limited and not highly desirable for many retailers for various reasons including traffic pattern, access, and layout of land. If Progress Land, who would make more money from 00 r selling the land as commercial, feels it is going to be difficult to use it in such a way, why not use it in a purpose that fits the land. With the land empty or developed ineffectively it is a no win situation for the entire community. Also, the developer commented that they were working on a town home proposal for a portion of the land when this discussion to change the land use began. If Progress Land feels that they can develop it in a way that fits the land, as residential, and being that was the intent of the city, per their comprehensive plan & the decision they made when they approved the Rosewood Estates development, why not let them move forward. Another reason given as to why this land should be reguided to commercial is the proximity of the railroad tracks and Cty Rd 42. We really feel that this is just an attempt to justify this action as there are several residential developments, within the city of Rosemount, built very close to the railroad tracks and major roads. Everyone that has a home near the railroad tracks, whether it be our development or another (Claret Springs East, neighborhoods North on Hwy 3 by Cliff, etc), knows that they are by railroad tracks and the noise associated with that when purchasing their home. At the same time, the town home developments that are being planned for the land in question would be sold with the buyer aware of the railroad tracks and traffic. This is much different than building a home in a neighborhood, zoned strictly residential, then after the investment is made, having it reguided commercial. We understand the need for additional commercial development in our city but we need to work harder to look for feasible possibilities that make sense. Some may see this as an easy way to add commercial land, but at who's expense — the homeowners in the Rosewood Estates neighborhood, the residents of Rosemount and the future commercial businesses. If this property, as stated earlier, is not ideal for commercial use, using it in this manner it isn't going to be a win for anyone. The decision for this land to be developed as residential was a commitment that was made a few years ago by the Rosemount City Council and based on that commitment, it was developed. While the members on the City Council change over the course of time, the commitment made by the previous council must still be honored If the City Council operates independently of their predecessor's we, the citizens of the city of Rosemount, will end up with constant change and no planned, organized vision for the future of our community. Now that the land is occupied by over 50 homes, valued between the mid 280's and upper 360's, the City Council is proposing to change a portion of the property. The Planning Commission review of this purposed change resulted in a 4 -0 vote against making any change. The City Council, we are sure is aware of the fact this is no small matter for the homeowners in Rosewood Estates. We are sure you have received many communications from our neighborhood and have probably even seen the articles in the Rosemount Town Pages, ThisWeek, and Star Tribune newspapers. We urge you to review all of the - information, opinions and data (or in some cases lack of data) that relate to this issue before making your decision. Then please consider the commitment that was made by the Rosemount City Council, your responsibility in your elected position and the ownership you have for the decision that was already made on a piece of land which has already been partially developed under the direction of the council. Lastly, please take a minute to imagine your home sitting in our neighborhood, a brand new home that you built, which brought its own set of challenges, surrounded by what you were told was residential with a picture painted of town homes, single family homes and a possible church, to now be told that instead of more neighbors, your neighborhood was going to become surrounded by commercial property and the challenges this will add as you raise your children. After reflecting on these things, and your moral and ethical values, we are asking you to vote against the plan amendment to reguide this property from UR — Urban Residential to C- Commercial. Thank you for taking the time to read our letter. The decision you are going to make on Tuesday, December 21 is going to have a tremendous affect on our family and over 50 other Rosemount families. If you have questions or would like to talk please feel free to contact us by email or phone. Sincerely, Melissa & Thomas Kenninger 2734 148 Street West Rosemount, MN 55068 651 - 322 -5034 mkenninger @newhorizonsmn.com Received via email 12/19/04 TO MAYOR DROSTE, AND COUNCIL MEMBERS RILEY, SHOE- CORRIGAN, DEBETTIGNIES, AND STRAYTON: WE LIVE IN ROSEWOOD ESTATES, THE - CORNER OF BUSINESS PARKWAY AND BRENNER COURT (14879). WE PURCHASED OUR LOT AND HOME IN SEPTEMBER 2003 FOR APPROXIMATELY $350,000 PLUS..... WE RESEARCHED WITH THE CITY ABOUT THE STAUTS OF THE PROPERY TO THE WEST OF US AND WE WERE CLEARLY TOLD RESIDENTIAL EXCEPT FOR A SMALL PARCEL BY COUNTY ROAD 42 THAT WAS COMMERCIAL. NOW ONLY ONE YEAR LATER WE ARE BEING TOLD THE CITY COUNCIL WANTS TO RE -ZONE THIS TO COMMERCIAL. RECONSIDER THIS. PUT YOURSELF IN OUR NEW HOME, LOOKIING OUT AT A RETAIL STORE, GAS STATION, ETC..... THANK YOU MIKE AND JEAN BROWN l qr Page 1 of 2 Lindquist,Kim From: Pat & Heidi [patandheidi @frontiernet.net] Sent: Monday, December 20, 2004 10:03 PM To: Lindquist,Kim Subject: ROSEWOOD COMMENTS My name is Patrick Nicklay and my wife Heidi and I live at 14891 Brenner Court. About five and a half years ago we married and purchased our first home, a townhouse in Woodbury. Moving to Woodbury was a difficult decision because it placed us a considerable distance from family and friends. However, the proximity to both of our places of work, plus finding everything we wanted in a starter home was too difficult to resist. After the first year or so, we really began to enjoy living in Woodbury, we lived in a quiet neighborhood and enjoyed yearly activities such as Woodbury Days and the annual city -wide garage sale. However, after about three and a half years we had outgrown our town home and knew it was time to think of something bigger, especially if we planned on starting a family. When considering if we would stay in Woodbury, the most important factor was if it was a city where we'd want to raise our children. Unfortunately, Woodbury has taken the initiative to forget about being a people -first city, and quickly joined the business -first fray. First the Sam's Club opened, then a Super Wal- Mart was announced, next came the plans for the new "Lifestyle Centers" that would include a new Best Buy and all the trendy restaurants. It's extremely easy to sell this idea to residents of a city because people love the concept of convenience. As long as it is in someone else's backyard, then who cares. Never mind the increase in traffic and crime, as long as it's more convenient, then that's okay and maybe some people enjoy stop lights every 250 feet. I sure didn't. Therefore, when we decided to build a new home, Woodbury was never a consideration. We considered Apple Valley, Farmington, Lakeville and Rosemount. Apple Valley was quickly eliminated for much of the same reasons as Woodbury. I had three sisters and their families all living in Rosemount at the time and they all raved about the community and the great school system, Leprechaun days and the flower garden at Central Park. They forewarned us that the property taxes were probably higher than other cities, mainly because of Rosemount's decision to limit commercial growth. The tradeoff certainly seemed worth it to us. After seeing numerous model homes and looking at different lots in Farmington and Lakeville, we always kept coming back to Rosemount. We loved the established small -town feel. We heard about the downtown revitalization project and it sounded like a great concept. Rosemount offered more than we ever dreamed of. We found a great cul -de -sac lot in the Rosewood Estates development and were extremely excited to build here. We asked about the neighboring property and were told it was zoned residential, that a church would be going along the County Rd 42 corridor and that the only commercially zoned property was a square section of land bordering County Rd 42 and Hwy 3. The prospect of living within walking distance of both downtown and Central Park was a also a big draw, and being so close to St. Joseph's church as well as the schools were also important factors. It's like filling out a wish list of what you are looking for in a city, community, neighborhood and home and having each wish come true. Rosemount felt like the place we wanted to be. We took the big plunge and began the building process. At times it was stressful, the choices were plentiful but money was not. It was a fantastic and sometimes overwhelming process, but in the end we are excited to say we truly got our dream home: a place to raise our children, to make friends, to be a part of the neighborhood and community. We moved into our new home in February of 2004, we couldn't have been more pleased. The neighborhood was beautiful and we felt the location could not be beat. After a wonderful but busy first summer, weekends spent laying down sod, or landscaping our new yard, we watched our neighborhood grow into something more truly unique and beautiful. The news we recently received that Rosemount was considering rezoning the residential land around our home and neighborhood and making it commercial arrived like a huge sucker punch. Visions of gas stations, strip malls, restaurants or fast food joints immediately came to mind. All of this in our backyard and just down the street from our house and neighborhood. The thought sickens me every time I think of it. When we envisioned our dream home and a neighborhood that was safe and friendly for raising our children, we never once envisioned having a gas station next door, or the semi - trailers and the additional traffic that would be generated from commercial development. I ask you if that sounds like a dream to you? If that is the type of neighborhood you would want your children raised in? It isn't to me. 12/21/2004 a T Page 2 of 2 The main argument in this debate is that the city of Rosemount had the opportunity to deem this land commercial. The city, for whatever reason chose not to. It does not make sense to me or my neighbors for the city to deem this land residential, pass all the building permits for homes to be built on this land, to see a beautiful neighborhood and community develop and then yank all the dreams and hopes from the city's newest residents with plans to add gas stations and restaurants literally right next door next door to $300,000 homes. If that was the intent of the city, then the neighborhood should have never been deemed residential. If it was commercial property from the very beginning, we would not be having this debate and the neighborhood's residents would have built elsewhere. To go back after 55 homes are built and lived in, the sod is laid down, landscaping completed and tell the residents that plans might change and instead of townhomes you might get a Target, SuperAmerica or Taco Bell next door or in your backyard is a very disgusting thought. We built our homes with the understanding our neighbors would be other people with the same dreams as ours, we did not build our home only to see semi - trucks and thousands of cars streaming down the same roads our children ride their bike on. think the city needs to reflect upon its roots as a people -first community, a community where there are parks, not gas stations in every neighborhood. While we do understand the city's desire to have additional commercial tax based income to alleviate the tax strain upon its residents, at what cost is the city willing to make in order to achieve those goals? Is it worth it to cheat hard working families out of their dream so other residents have more dining options? Is it worth having to fear for our children's lives for fear a speeding car will run them over on the way to the local liquor store? The city's own planning commission has rejected the proposal to make this change, why have a planning commission if their advice is disregarded? Please honor the original intent for this land and leave it for residential growth. I promise you that you will get a much better feeling in your heart when you drive down County Road 42 and you see the children out riding their bikes in the summer or playing baseball and soccer in the yards and not the sight of semi - trailers, parking lots, dumpsters and cars, cars, cars. Sincerely, Patrick and Heidi Nicklay 12/21/2004 Page 1 of 1 Lindquist,Kim From: david.gatz @thomson.com Sent: Tuesday, December 21, 2004 11:01 AM To: Lindquist,Kim Subject: ROSEWOOD COMMENTS Ms. Lindquist and members of the Rosemount City Council: I am writing this letter to urge the city council to not approve the proposed re- zoning of the properties abutting Rosewood Estates from their current classification of Residential to Commercial. While I'm not against commercial development in general, this particular change is bothersome for several reasons. The most obvious reason for me is that it is close to my home. Putting that aside, there are other reasons why this proposal should be voted down. First, when moving into the neighborhood a LARGE number of families contacted the city inquiring about the empty lots. They were assured that the lots were residential and that there were no plans to change that classification. Now, one -year later, the city is (on its own initiative, not based on a petition by the current property owners) seeking to change the classification from residential to commercial. As it sits, the owners of the 2 parcels stated at the planning commission meeting that they were fine with either classification, but wanted closure on the issue. Second, because of the relation of the properties to both County 42 and the Railroad tracks, the proposal is to run a frontage road directly behind a row of 20 or so backyards to reach the commercial properties. Not only would this be terribly unsightly for the residents (mine is not a property that would be directly affected), but it would be highly impracticable and awkward for consumers actually using the commercial space (it is for this very reason that Target no longer considers the properties a viable option.) Third, the council's actions wreak of incompetent planning and /or dishonesty to the residents. Were the city up front with its plans at the time people paid for their properties that would be okay (still an ill- conceived plan, but okay). Had the city rezoned the whole area (including my neighborhood) commercial prior to the houses being built it would have made sense (a larger space available, insulated from residential areas able to accommodate commercial properties.) However, now the city is trying to remedy poor initial planning with even poorer current planning and apparent dishonesty (given the short period of time from when people were assured of no plans to re -zone and the initiative to actually re- zone.) Finally, the proposed re- zoning runs counter to the charm and character of Rosemount. Part of Rosemount's charm is that it isn't Apple Valley. Part of Rosemount's charm is the quaintness of its neighborhoods. Rosemount's charm is it's "small town" feel. Proposals placing commercial space in resident's backyards runs counter to what makes Rosemount a better community than its more commercialized neighbors. I encourage all council members to vote against the proposal. This proposal has turned our neighborhood into a politically active one. I, for one, will make this an issue upon which I will base future votes for city council and mayor. David Gatz 2669 148th St. W. 12/21/2004 Lindquist,Kim From: Adam.Wright @minnesotamutual.com Sent: Monday, December 20, 2004 2:36 PM To: Lindquist,Kim Subject: ROSEWOOD COMMENTS Dear City Council Members, The more I think about the potential rezoning of the land adjacent to Rosewood Estates, the more frustrated I become. In the Star Tribune South section, the article includes a comment from Kim Lindquist stating that the council wanted to "resolve it and move on." Well believe me, after speaking with numerous neighbors regarding this, if the city council does in fact vote to rezone the land to commercial, we will not just move on. We will fight this in the court of law if need be. We are prepared for this and will fight for what is right. The downtown revitalization is something everyone in Rosemount will be happy to see, however by moving in big box retail to Rosemount, it will destroy any chance of making the downtown great. History shows once a big box retailer such as Target and Walmart move into an area, the little guy always loses. The case can already be made in Rosemount by Knowlans closing it's doors the day Cub Foods moved in. How can you expect the "small niche shops" to be successful when you have multi - billion dollar stores shoving them out of town. Do you really want all the work that has gone into the revitalization crushed by this rezoning? Don't deceive your residents this way. Remember, we gave you the power to make the right decisions, don't make us regret doing so. Your job is to represents us as citizens, not to fall prey to certain individuals looking to make a quick buck. Sincerely, Adam Wright 2542 148th St W Rosemount, MN 55068 Ms. Lindquist and concerned others, I have been observing the discussions and reports in the paper in regard to the Rosewood addition. Simply put, my vote is for this to be utilized as a commercial opportunity first and some sort of residential second. As a few of the people on staff and on the council know, I was involved as a key figure in the Shannon Pond development a few years ago and am witnessing many of the same arguments, concerns, pointed questions, indignation and emotion that was evident with that situation. In reviewing the current land, its relationship to the railroad line and Cty Rd 42, 1 can only deduce that the best use for it is as commercial development. We are soon to be in 2005 and lighting concepts, landscaping layouts and aesthetically pleasing buildings are available to developers and investors. This doesn't need to be a "square box" enterprise, but can have an appeal to it (i.e. Arbor Lakes) so that being next to it doesn't denote negative connotations. So the impact on existing house can be buffered. I also must say, that having lived in Rosemount for 16 years, I'd always assumed that this property was going to be commercially developed and was somewhat surprised that any houses had been built in that quadrant. This was based on my own paradigms of what I would find to be attractive as a livable space. As a city, we need more commercial enterprises to help growth and defray, to a certain extent, taxes. As I see it, even with the downtown initiative, which is perhaps best defined as "slogging" forward, (no offense to all that are involved) because of the "small town charm that is part of the discussion, any monies for the city in the way of tax revenue, are a ways off. So designating the Rosewood area as commercial would bring another opportunity for the city to help itself. Two other notes I would like to make are 1) the professionalism and comportment that Ms. Lindquist, Mr. Pearson, Mr. Messner and the city representatives held during the Planning Commission meeting a few weeks ago was excellent, as it had all of the ingredients to turn into a shouting match. It was' controlled well, they should be commended. And 2) the argument from the residents of '.'when I purchased the house the realtor told me this was zoned residential" is the same one we proffered in our meetings years ago. I can understand the anger that these people have, partly because this will be the only "new" house many will purchase and also being Midwesterners, we tend to trust what is being told us. I don't know what can be done to control this information /misinformation flow by the realtors and having them specifically pointing out to the buyers that the undeveloped land next to them could change hands numerous times before it is finally developed, with the vision of each new owner significantly different than the last. People. purchasing new home are usually lost in the process and not reasoning thru future ramifications. of their surrounding area. Maybe that is just more legislation that is unneeded, but I would say it is the root of the issue at hand. My apologies for being so verbose, but this is an iss le that goes far beyond what I've written here. Thanks to all of you for the good work and service you do for our community. Merry Christmas and Happy New Year, Jim Burkhardt 4160 158th St. W. r Thursday, December 16, 2004 Dear Mayor & Rosemount City Council Members, We would like to express our concerns and objections to the proposed change to the 2020 Comprehensive Guide Plan, by amending the plan to change the property North of Cty Rd 42 and East of Hwy 3 South, of the rail road and West of Biscayne Avenue in Rosewood Estates from UR -Urban Residential to C- Commercial. We want to thank you in advance for taking the time to read our letter with an open mind, understand our concerns, and think through the full impact & result of the decision you will be making on Tuesday, December 21 s ' . My husband and I have lived in Rosemount since 1999 (except for the 9 months that we spent living at my parent's while waiting for our new home to be completed). We started looking for a new home, in a good community in which to raise our children, after our first child, Jacob, was born in 2002. We looked at Lakeville, Farmington, Inver Grove Heights, Woodbury, Apple Valley, Eagan and Rosemount. We really enjoyed Rosemount, loved the small town community, believed in the mission of the city and were optimistic about the potential of the downtown area. We settled on Rosewood Estates after much thought on what we wanted, location, connection to local builders, and what we could get for the money. We, like many of our neighbors did our due diligence and investigated the land that would be surrounding us and learned that it was zoned residential and it was being forecasted that the land would be single family homes, town homes, and possibly a church, with a small area being commercial. We were especially concerned about the future of the property surrounding our future neighborhood and its plans because our house sits on the corner of 148 and Business Parkway. We felt reassured by the response of the city that the land would be developed as residential. Now, in our home for less than a year, with our second child, Abigail, born this fall, we are battling to keep our dream, of raising our children in a safe neighborhood, community focused city, with small town character, and excellent schools, alive. If commercial development is to be done across from our neighborhood it is going to bring many challenges that weren't anticipated. One of these challenges is the increased amount of traffic surrounding our neighborhood. At . the planning commission meeting, a traffic plan was presented that would create a dead -end, cul -de -sac at the end; of our street and all the commercial traffic would be routed through a new road just to the south of our development, in many of the homes backyards. While this traffic plan may sound OK to those that aren't directly impacted, and like it will address some of the traffic concerns, we are concerned about the validity of this plan. The design of this plan has primarily one entrance /exit into the property. We are not sure that this plan would pass all of the coding requirements and therefore we could end up with an entrance right off of our neighborhood, across the street from our home. We feel this is just one example of plans that are premature. With unknown details in this area, the traffic & safety impact on our neighborhood cannot be discounted. It was also interesting to hear that when there was a possibility for a residential development to go in on the property North of 42 they couldn't get approval for a - - .road off of Biscayne, but when commercial came in all of a sudden that road could be done. There are many other . things that will result from this change including a decrease in the value of our home, our single largest investment, and that of all our neighbors, the safety for our children, increased crime rate in the area, the view, noise, & lighting to mention a few. The city officials have communicated during the planning commission meeting and various published articles, their reasons for wanting to make this change. One of these reasons is the tax burden relief that the city will benefit from with commercial businesses. In a newspaper article, Mr. Verbrugge had commented that there is no estimate of how this change could yield a broader tax base. If that is unknown, and the effect is just being assumed, this is an example of where there is lack of data to justify reversing the commitment that was made by the City Council. That commitment being, this land would be residential. It was because of this commitment, single family homes were built and now, with a portion of the land developed, the City Council wants to go back on that commitment without enough details to justify such a change. Another reason for this purposed change is that additional amenities are desired by the majority of the residents of Rosemount. We do not doubt that the answer of the residents of Rosemount to the question, "would you like more restaurants" would be YES. However, if you ask the same question and add, the open land in your neighborhood is being changed from residential to commercial use so these restaurants can be built there, the answer would be NO. This story is completely different if the neighborhood would have been built knowing the surrounding land was zoned commercial. The homes in our neighborhood were built on trust, and belief that the city was going to stand behind their commitment to develop the land as planned. Also, it was mentioned by the developer of the land, that the potential for commercial on this property is very limited and not highly desirable for many retailers for various reasons including traffic pattern, access, and layout of land. If Progress Land, who would make more money from s selling the land as commercial, feels it is going to be difficult to use it in such a way, why not use it in a purpose that fits the land. With the land empty or developed ineffectively it is a no win situation for the entire community. Also, the developer commented that they were working on a town home proposal for a portion of the land when this discussion to change the land use began. If Progress Land feels that they can develop it in a way that fits the land, as residential, and being that was the intent of the city, per their comprehensive plan & the decision they made when they approved the Rosewood Estates development, why not let them move forward. Another reason given as to why this land should be reguided to commercial is the proximity of the railroad tracks and Cty Rd 42. We really feel that this is just an attempt to justify this action as there are several residential developments, within the city of Rosemount, built very close to the railroad tracks and major roads. Everyone that has a home near the railroad tracks, whether it be our development or another (Claret Springs East, neighborhoods North on Hwy 3 by Cliff, etc), knows that they are by railroad tracks and the noise associated with that when purchasing their home. At the same time, the town home developments that are being planned for the land in question would be sold with the buyer aware of the railroad tracks and traffic. This is much different than building a home in a neighborhood, zoned strictly residential, then after the investment is made, having it reguided commercial. We understand the need for additional commercial development in our city but we need to work harder to look for feasible possibilities that make sense. Some may see this as an easy way to add commercial land, but at who's expense — the homeowners in the Rosewood Estates neighborhood, the residents of Rosemount and the future commercial businesses. If this property, as stated earlier, is not ideal for commercial use, using it in this manner it isn't going to be a win for anyone. The decision for this land to be developed as residential was a commitment that was made a few years ago by the Rosemount City Council and based on that commitment, it was developed. While the members on the City Council change over the course of time, the commitment made by the previous council must still be honored If the City Council operates independently of their predecessor's we, the citizens of the city of Rosemount, will end up with constant change and no planned, organized vision for the future of our community. Now that the land is occupied by over 50 homes, valued between the mid 280's and upper 360's, the City Council is proposing to change a portion of the property. The Planning Commission review of this purposed change resulted in a 4 -0 vote against making any change. The City Council, we are sure is aware of the fact this is no small matter for the homeowners in Rosewood Estates. We are sure you have received many communications from our neighborhood and have probably even seen the articles in the Rosemount Town Pages, ThisWeek, and Star Tribune newspapers. We urge you to review all of the information, opinions and data (or in some cases lack of data) that relate to this issue before making your decision. Then please consider the commitment that was made by the Rosemount City Council, your responsibility in your elected position and the ownership you have for the decision that was already made on a piece of land which has already been partially developed under the direction of the council. Lastly, please take a minute to imagine your home sitting in our neighborhood, a brand new home that you built, which brought its own set of challenges, surrounded by what you were told was residential with a picture painted of town homes, single family homes and a possible church, to now be told that instead of more neighbors, your neighborhood was going to become surrounded by commercial property and the challenges this will add as you raise your children. After reflecting on these things, and your moral and ethical values, we are asking you to vote against the plan amendment to reguide this property from UR — Urban Residential to C- Commercial. Thank you for taking the time to read our letter. The decision you are going to make on Tuesday, December 21 is going to have a tremendous affect on our family and over 50 other Rosemount families. If you have questions or would like to talk please feel free to contact us by email or phone. Sincerely, Melissa & Thomas Kenninger 2734 148 Street West Rosemount, MN 55068 651 - 322 -5034 mkenninger @newhorizonsmn.com Received via email 12/19/04 TO MAYOR DROSTE, AND COUNCIL MEMBERS RILEY, SHOE- CORRIGAN, DEBETTIGNIES, AND STRAYTON: WE LIVE IN ROSEWOOD ESTATES, THE CORNER OF BUSINESS PARKWAY AND BRENNER COURT (14879). WE PURCHASED OUR LOT AND HOME IN SEPTEMBER 2003 FOR APPROXIMATELY $350,000 PLUS..... WE RESEARCHED WITH THE CITY ABOUT THE STAUTS OF THE PROPERY TO THE WEST OF US AND WE WERE CLEARLY TOLD RESIDENTIAL EXCEPT FOR A SMALL PARCEL BY COUNTY ROAD 42 THAT WAS COMMERCIAL. NOW ONLY ONE YEAR LATER WE ARE BEING TOLD THE CITY COUNCIL WANTS TO RE -ZONE THIS TO COMMERCIAL. RECONSIDER THIS. PUT YOURSELF IN OUR NEW HOME, LOOKIING OUT AT A RETAIL STORE, GAS STATION, ETC..... THANK YOU MIKE AND JEAN BROWN Fi Page 1 of 1 I- j 6,0 Zk b ( I 1 �1 Lindquist,Kim From: RATDOGMN @aol.com Sent: Tuesday, December 21, 2004 6:19 PM To: Lindquist,Kim Subject: ROSEWOOD COMMENTS Please consider the Rosewood Estates development rezoning vote as if it was your own backyard! The integrity of city councils past, present and to come depend on it! If you can't trust your city council to do the right thing, why stay in Rosemount! 12/21/2004