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Old County Road 38 Comprehensive Plan Amendment to Expand the MUSA and Reguide Certain Properties and Rezone Certain Properties, 06-35-CP and 06-41-ZAAGENDA ITEM: 06 -35 -CP Old County Road 38 Comprehensive Plan Amendment to Expand the MUSA and Reguide Certa Properties and 06 -41 -ZA Rezone Certain Properties AGENDA SECTION: Consent PREPARED BY: Kim Lindquist, Community Development Director AGENDA NO. se ATTACHMENTS: Draft Resolution, Draft Ordinance, 05 -23- 06 PC Excerpt Minutes, 06 -27 -06 PC Excerpt Minutes, Location Map APPROVED B RECOMMENDED ACTION: Motion to Approve Resolution Approving a Comprehensive Plan Amendment Expanding the MUSA and Reguiding Certain Properties from Rural Residential to Urban Residential Motion to approve an Ordinance Rezoning Certain Properties from Rural Residential (RR) to Low Deny Residential (R -1) 4 ROSEMOUNT City Council Meeting• July 18, 2006 ISSUE As part of the Old County Road 38 project pubhc utilities will be made available to the following properties: 2813 132 Street West 2771 132 Street West 2694 132 Court West 2693 132n Court West 2686 132 Court West 2685 132n Court West 2684 132 Court West 2675 132" Court West 2665 132 Court West 2655 132n Court West 2645 132 Court West 2635 132" Court West 2625 132 Court West 2615 132 Court West 2605 132 Court West 2604 132 Court West two unaddressed properties CITY COUNCIL EXECUTIVE SUMMARY Because these sites will ultimately hook -up to city sewer and water, staff is recommending that the properties be rezoned to R -1 Low Density Residential from RR Rural Residential. Additionally, staff is recomiending a Comprehensive Plan Amendment to penmt expansion of the MUSA to encompass these properties and reguide the properties from Rural Residential to Urban Residential. PLANNING COMMISSION At the Planning Commission meetings where these three actions were discussed there was no public comment. Staff had brought the Comprehensive Plan Amendment to the Commission m May and the MUSA expansion and rezoning in June. All three Items were unanimously recommended for approval. DISCUSSION There are eighteen properties that are being affected by the current proposal. The rezoning and Comprehensive Plan Amendments are staff generated based upon the infrastructure upgrades that are occurring m the immediate area Old County Road 38 (132 Street West) and 132 Court will be rebuilt to an urban section and sewer and water will be introduced within the right -of -way. The decision to extend utilities within 132n Court West occurred over several months and numerous public meetings There are several properties on the block that have non comphant septic systems. The size of the lot makes provision of a secondary system difficult for these property owners. The few have been required to commit to a pumping schedule to ensure their system does not become an environmental hazard. It is this type of issue that led to the determination to bring sewer into 132 Court. On a policy basis, staff and the Council has been cautious about the impacts of development on existing rural residennal properties. The Council has teed to buffer rural lots from adjoining urban development when possible That includes requiring the developer to pay for necessary infrastructure rather than assess all benefiting (or potentially benefiting) propernes This situation is somewhat umque because of the size of the existing lots and the age of the septic systems. However, the Council continues to support the rural residential development north of the subject properties and does not expect that this change will alter the character of the neighborhood. With the rezoning to Low Density Residential it may be possible that two of the 18 parcels could further develop, although vanances may be required. CONCLUSION Based upon the infrastructure changes to the area that will occur in 2006, staff is recommending that the properties included m this application be rezoned and reguided to an urban residential category. Based upon the availabihty of services and the size of the lots, the properties will be more consistent with a Low Density Residential zorung than a rural zoning category. RECOMMENDATION Approve the attached resolution and ordinance. 2 2813 132 Street West 2771 132nd Street West 2694 132nd Court West 2693 132 Court West 2686 132nd Court West 2685 132nd Court West 2684 132nd Court West 2675 132nd Court West 2665 132nd Court West CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2006- A RESOLUTION APPROVING A COMPREHENISVE PLAN AMENDMENT TO EXPAND THE MUSA AND REGUIDE CERTAIN PROPERTIES FROM RURAL RESIDENTIAL TO URBAN RESIDENTIAL WHEREAS, the Community Development Department of the City of Rosemount requested a Comprehensive Guide Plan Amendment to expand the MUSA boundary and reguide from Rural Residential to Urban Residential 18 properties located m the City of Rosemount generally along 132nd Court West, fisted as follows and as depicted on the map attached hereto and incorporated herein as Exhibit A: 2655 132nd Court West 2645 132 Court West 2635 132nd Court West 2625 132nd Court West 2615 132nd Court West 2605 132 Court West 2604 132nd Court West two unaddressed properties WHEREAS, on May 23, 2006 the Planning Commission of the City of Rosemount held a pubhc hearing to receive public comment on a comprehensive plan amendment to change the land use designation of the selected parcels from RR- Rural Residential to UR Urban Residential; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve a Comprehensive Plan Amendment to regutde the properties from Rural Residential to Urban Residential, and WHEREAS, on June 26, 2006 the Planning Commission of the City of Rosemount held a public hearing to receive public comment on a MUSA expansion for the 18 properties, and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve a Comprehensive Plan Amendment to extend the MUSA boundary for the 18 properties as depicted on the attached map mcorporated into and attached hereto as Exhibit A; and WHEREAS, on July 18, 2006, the City Council of the City of Rosemount reviewed the Planning Comnussion's recommendation and the Comprehensive Guide Plan Amendment reguidmg the 18 properties as outlined above and as depicted Exhibit A and the expansion of the MUSA boundary. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Comprehensive Guide Plan Amendment expanding the MUSA boundary and reguidmg from Rural Residential to Urban Residential the 18 properties located generally along 132nd Court West as outlined above and illustrated on Exhibit A, subject to Metropolitan Council approval. ADOPTED this 18th day of July, 2006 by the City Council of the City of Rosemount. ATTEST: James D. Vetbrugge, Deputy City Clerk W1111am H Droste, Mayor RESOLUTION 2005 Motion by: Second by: Voted m favor: Voted against: Member absent City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE Old County Road 38 THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended to rezone from RR, Rural Residential to UR Urban Residential the properties depicted on the map attached hereto and incorporated herein as Exhibit A, they are the following 18 listed properties located on Old County Road 38 and 132n Court West, Rosemount, Minnesota: 2813 132n Street West 2771 132 Street West 2694 132" Court West 2693 132 Court West 2686 132 Court \Vest 2685 132 Court West 2684 132n Court West 2675 132 Court West 2665 132n Court West 2655 132n Court West 2645 132 Court West 2635 132 Court West 2625 132 Court West 2615 132 Court West 2605 132 Court West 2604 132 Court West two unaddressed properties Section 2. The Zoning Map of the City of Rosemount, referred to and described in said Ordinance No. B as that certain map entitled "Zoning Map of the City of Rosemount," shall not be republished to show the aforesaid rezoning, but the Clerk shall appropnately mark the said zoning map on file m the Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and all of the notation references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 18th day of July, 2006. ATTEST: Amy Domeier, City Clerk CITY OF ROSEMOUNT William H Droste, Mayor Published in the Rosemount Town Pages this day of 2006. m F CC N ek ek U 4—) )y LL ce rn cZ 0 tY J !T 1 w t. Z \V IUOVJVB 1 I N pµZE CZ I I I BR IR CT -3 '�I N N. r A 114 -.•=o- �-Hi- S)a2i1---1LI380 r C oC 4 L N 01 II To Y V m a c m To 0 c a m C 0 CL ci- ao E 1101 m TS m E E E E E 0 m E E U U U o E m O Z E m U m m E co c E t c T U U x 0 E U U U U 3 m o N C N 'G y t0 C N O C N N 0 d a 0 c 719 N m N Z' N C 9 2` w O N to N C w m p N C p d E C m E° is m o 3 E 0 41 2 2 N K K C 11 N Li 0 J J O N C Q N d ca 2 2 y z O O p 3 0 0 N N 0. f/) T m w EXCERPT FROM MINUTES PLANNING COMMISSION MEETING MAY 23, 2006 5.a. 06 -35 -CP Old County Road 38 Comprehensive Plan Amendment. Community Development Director Lindquist summarized the staff report. As part of the Old County Road 38 project public utilities will be made available to eighteen properties Because these sites will ultimately hook -up to city sewer and water, staff is recommending that the properties be teguided to Urban Residential. The reguidmg of the sites is staff generated based upon the infrastructure upgrades that are occurring in the immediate area. Old County Road 38 (132 Street West) will be rebuilt to an urban section and sewer and water will be introduced within the right -of -way Ms. Lindquist added that rezoning of the property will be brought before the Commission in June Chairperson Messner opened the Public Hearing. MOTION by Schwartz to close the Public Hearing. Second by Howell. Ayes: All. Nays None. Mouon approved. MOTION by Messner to recommend approval of the Comprehensive Plan Amendment for the 18 properties from Rural Residential to Urban Residential subject to Metropolitan Council approval. Second by Palda. Ayes: All. Nays: None. Motion approved EXCERPT FROM MINUTES PLANNING COMMISSION MEETING JUNE 27, 2006 5.a. 06 -35 -CP County Road 38 Reguiding. Community Development Senior Planner Zweber reviewed the staff report As part of the Old County Road 38 project public utilities will be made available to several properties on 132"' Street West. Because these sites will ultimately hook -up to city sewer and water, staff is recommending that the properties be rezoned to R -1 Low Density Residential from RR Rural Residential Additionally, staff is recommending a Comprehensive Plan Amendment to permit expansion of the MUSA to encompass these properties. In May, the Planning Commission recommended approval to regmde the properties from Rural Residential to Urban Residential. Chairperson Messner invited the applicant to come forward. None present. Chairperson Messner opened the Public Hearing. No public comments. MOTION by Schwartz to close the Public Hearing. Second by Howell. Ayes• All. Nays None. Motion approved. Chairperson Messner asked if Comtmssioners had any questions. There were none. MOTION by Schwartz to approval of the rezoning from RR Rural Residential to R -1 Low Density Residential and amend the Comprehensive Plan to extend the MUSA for the 18 listed properties with the MUSA expansion subject to Metropolitan Council approval. Second by Howell. Ayes: All. Nays: None. Motion approved. Mr. Zweber stated there was nothing to follow.