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HomeMy WebLinkAbout9.a. Rosemount Family Housing (Dakota County Community Development Agency) Comprehensive Plan Amendment, Rezoning, Prelimiary Plat, and PUD Final Development PlanAGENDA ITEM: Case 06- 54 -CP, 06- 55 -ZA, 06- 56 -PP, 06 -58 -PUD Rosemount Family Housing (Dakota County Community Development Agency) Comprehensive Plan Amendment, Rezoning, Preliminary Plat, and PUD Final Development Plan AGENDA SECTION: New Business PREPARED BY: Eric Zweber, AICP, Senior Planner AGENDA NO. 1.4. ATTACHMENTS: Resolution approving the Rezoning and Comprehensive Plan Amendment, Rezoning Ordinance, Resolution approving the Preliminary Plat and PUD Final Development Plan, Draft PUD Agreement, Resolution authorizing the preparation of Plans and Specifications, Location Map, Preliminary Plat, February 7, 2006 Site Plan, Proposed Site Layout and Dimension Plan, Site Grading Plan, Site Utility Plan, Building Plans and Elevations, Engineering Memorandum dated November 20, 2006, Park Department Memorandum dated November 20, 2006, Excerpt from the November 28, 2006 Planning Commission Meeting, February 7, 2006 City Council Executive Summary, Excerpts from February 7, 2006 City Council and January 10 and January 24, 2006 Planning Commission Minutes. APPROVED BY: 27-- RECOMMENDED ACTION: Motion to adopt a Resolution amending the Comprehensive Plan changing the land use designation for the site from Transition Residential to Urban Residential, subject to approval by the Metropolitan Council rezoning the site from R -1, Low Density Residential PUD to R -2, Moderate Density Residential PUD. Motion to adopt an Ordinance rezoning the site from R -1, Low Density Residential PUD to R -2, Moderate Dens i Residential PUD. hit 4 ROSEMOUNT CITY COUNCIL City Council Regular Meeting• December 19, 2006 EXECUTIVE SUMMARY Motion to adopt a Resolution approving the Preliminary Plat subject to: 1 Dedication of right -of -way of Connemara Trail and the new Dodd Blvd. 2. Dedication of drainage and utility easements completely over OutlotA and Outlot B. 3. Dedication of appropriate drainage and utility easement over Lot 1, Block 1 subject to approval by the City Engineer. 4. Approval by the Minnesota Department of Transportation as needed. 5. Conditions with the Engineering memorandum dated November 20, 2006. and further approving the Planned Unit Development Final Development Plan subject to: 1. Approval of the Comprehensive Plan Amendment from Rural Residential to Urban Residential by the Metropolitan Council. 2. Execution of a PUD agreement. 3. Incorporation of recommendations of the City Engineer regarding drainage, easements, grading, storm water management and utilities including: The applicant shall secure all permits agreements necessary for the proposed crossing or grading of the pipeline easements. The applicant will grade the new Dodd Blvd. as part of their project and provide a cash deposit to the City to pay for its future construction No parking will be permitted on the streets and turning radius information shall be provided subject to approval by the Fire Marshal. Additional storm water management detail is required including a maintenance plan for the rain gardens. Payment of connection and trunk fees required. 4. Park dedication in the form of cash in lieu of land in the amount of $108,800. (32 units x $3,400 per unit) based upon the 2006 fee schedule. 5. Approval and receipt of permits from the Minnesota Department of Transportation as needed. 6. Eighteen common parking spaces shall be provided, based upon sixteen for the 32 units and two for the office. 7. The applicant provide at a minimum, a setback of 20 feet between the units and the private streets which will be sufficient for driveway parking. This requirement is in recognition of the single stall garages proposed for the individual units. 8. Provide a minimum of a 20 -foot setback for the off street parking stalls and the new Dodd Blvd right -of -way. 9. Any revisions necessary to the landscaping plan to conform to the sight triangle standards for visibility at intersections will be required for all public and private intersections within the development. 10 The applicant provide a final site plan and grading plan addressing listed conditions for staff review and approval prior to issuance of a grading permit. Motion to adopt a Resolution authorizing the City Engineer to prepare Plans and Specifications for Dodd Blvd. subject to the deposit of money by the Dakota County Community Development Agency. 2 4 ISSUE At their February 7, 2006 meeting, the City Council approved the PUD Concept Plan, Comprehensive Plan Amendment, Rezoning, and Preliminary Plat for 30 townhouse units, with conditions. One of the conditions was that the Dakota County Community Development Agency (CDA) was to work with Lennar, the developer of the property to the west, to provide a joint access to the site from Connemara Trail. The Dakota County CDA has purchase agreement for a portion of the Outlot D of Evermoor Glendalough 7` Addition that would provide a direct access to Connemara Trail in the location of the former Dodd Blvd. This new street access would then provide one access to the west to serve the Glendalough neighborhood and one access into the CDA site. A second access remains to the north as previously anticipated. As a result of the additional property purchase, the Dakota County CDA has revised its concept plan to include 32 units, an increase of two units from the original approval. Along with the revisions of the PUD Concept Plan, Dakota County has also prepared and is asking for approval of the PUD Final Development Plan of the project. The Final Plat for the development is expected m January 2007. PLANNING COMMISSION DISCUSSION The Planning Commission discussion focused on the landscaping, off street parking stalls, and the architectural appearance of the building elevations facing South Robert Trail, Connemara Trail, and Dodd Blvd. All three of these issues have been revised since the Planning Commission meeting and those revisions are discussed within the proper sections of the executive summary One exhibit, the color renderings of the South Robert Trail and Dodd Blvd elevation, was not ready by the time that the executive summary was finished. Those elevation renderings will be provided on the night of the City Council meeting. One resident spoke during the public hearing that the proposed CDA project is inconsistent with the Comprehensive Plan, specifically m regards to land uses along northern South Robert Trail are to preserve the rural feel of Rosemount, that the total number of units approved by the City in recent years exceeds the projections within the Comprehensive Plan, and that PUDs are not allowed to exceed an overall density of 6 units per acre. In response, it should be noted that there is more than a mile of guided rural residential property along South Robert Trail between the northern City Lmuts and 132n Street, the 1998- 2020 Comprehensive Plan was limited by the Met Council's Empire wastewater treatment plant which is now being expanded, and that the overall gross density is approximately 6 units per acre when including the dedicated right -of -way and Outlots (which is common when calculating gross density) BACKGROUND Previous Development Proposal At their February 7, 2006 meeting, the City Council had approved a 30 unit townhouse development consisting of five 4 -unit buildings and two 5 -unit buildings. The density of this development was 6.25 units per acre. This development was proposed to be accessed through the Glendalough neighborhood by an extension of a private drive from Tara Commons. The Planning Commission and City Council were concern about accessing this site through the Glendalough neighborhood, proposed building setbacks from the pnvate dive, and a number of other issues. Excerpts from the minutes of the Planning Commission meetings and the City Council meeting are attached. Current Development Proposal Applicant and property owner: Location- Area in acres: Comp Plan Designation: Zoning: Proposed Units: Density: Dakota County Community Development Agency. Northwest corner of Connemara Trail and South Robert Trail 4.74 acres Urban Residential and Transitional Residential R -1 Low Density Residential and R -2 Moderate Density Residential 32 Townhouse Units 6.78 Units per Acre Site Design The proposed development consists of 32 units in two 3 -unit buildings, four 4 -unit buildings, and two 5- utut buildings One of the five unit buildings will contain a handicap accessible unit on one end of the building and a management office suite on the other end of the building. The two 3 -unit buildings are placed closest to the public street and the Glendalough neighborhood, while the two 5 -unit buildings are placed most mtenor to the development and farthest from the Glendalough neighborhood. The development will construct a pubhc street that directly accesses onto Connemara Trail at the location of the former Dodd Blvd and the individual units will be serves by a private road that loops throughout the development and connects onto the new Dodd Blvd. at both ends At the southern intersection of the loop road, a future access to the west that will serve the Glendalough neighborhood is planned. The site includes recreational opportunities consistent with the PUD ordinance by inclusion of a tot lot, half court basketball court, and sidewalk connections to the recreational trail on Connemara Trail and future sidewalks to the west. Park dedication will be addressed through a payment m heu of land dedication, consistent with the direction of the Parks and Recreation Commission. All ordinance setback requirements are met for the proposed buildings and paved areas with the exception of some on street parking spaces discussed below This is a change and an improvement from the original approval m which one building was less than 20 feet from the curb of the access street. Parking Parking is provided by a one car stall garage for each unit, one parking spot m the driveway in front of the garage, and 19 off street parking stalls, for a total of 83 parking stalls. By ordinance, each unit is required to have 2.5 parking stalls per unit and the management office requires two stalls, for a total requirement of 82 stalls. While the number of proposed parking stalls exceeds the ordinance requitement, the proposal would require two variances to two other sections of the parkmg requirements. First, the ordinance requires a two -car garage of no less than 440 square feet for single family attached housing unit. In the previous City Council approval, the City approved a variance to allow a one car stall garage. The second variance would be from the R -2 zoning district which requires a 30 -foot parking setback for parking other than in driveways. Two of the 19 stalls are located within 30 feet of the Dodd Blvd. right of -way, but m excess of 20 feet One of the purposes of the parking setback requirement is so that a car can be waitmg at the intersection and not be blocking the parking stalls. While the PUD does allow for variances from the ordinance, staff would consider reducing the setback provided enough space is available for at least one car to be queued at the intersection without blocking a parking space. For this reason, staff could support a reduction of the parking setback to 20 feet, but cannot support a complete elimination of the parking setback. The site plan before you tonight meets the 20 foot setback requested by staff and recommended approval by the Planning Commission. Tree Replacement The proposed development removes twelve significant trees, nine of which are 20" or less in diameter and three which are greater than 20" m diameter. The ordinance states that the developer shall plant two replacement trees for each tree 20 inches in diameter or less removed and four replacement trees for each tree greater than 20 inches m diameter removed. The proposed tree removal requires the installation of 30 replacement trees, which is fulfilled m the proposed landscape plan. Landscape Plan The landscape plan of the development maintains some of the trees abutting South Robert Trail and installs landscaping along the Connemara Trail and new Dodd Blvd. frontages. Additional trees will be installed around the tot lot and the basketball court, with foundation plantings around the buildings. The landscape plan has been revised since the Planning Commission meeting to add trees m front of all buildings and additional conifers along the South Robert Trail frontage One remaining concern is that information should be provided to venfy that the trees proposed in the southeast corner of the site are outside the sight triangle for the Connemara Trail and South Robert Trail intersection. Building Architecture and Exterior Materials Of the 32 units, eight are designed to be 3 bedroom units, twenty -three are 2 bedroom units, and one is a 2 bedroom, handicap accessible one story unit. The architecture of the buildings has a one story front facade with hip roofs, brick -faced garages, and dormers over the garages. The rear facade of the 2 bedroom umts are a one story facade with two story dormer bump outs. The rear facade of the 3 bedroom units include a two story facade with two story dormer bump outs. Typically, the City looks to embellish the front facades of the buildings to improve public views. Brick has been added, accenting the garage facades as compared to the elevations depicted in the concept plan review. At the Planning Commission meeting, there was discussion that the architectural detail of the building elevations facing South Robert Trail, Connemara Trail, and Dodd Blvd was not to the level that the City expects. Staff has been working with the CDA since the Planning Commission meeting to make improvements. These improvements include brick on the dormer bumpouts along the rear elevations facing Connemara Trail, and adding shake -style siding on the pediments. Initially, staff and the CDA talked about placing the shake -style siding only on the pediments of the side elevations facing Dodd Blvd and South Robert Trail, but for a consistent appearance, it was determined that all the pediments would be treated with the shake -style siding of a different but complementary color from the lap siding. Site Grading The mass grading of the new Dodd Blvd. will be performed as a part of the site development, but the infrastructure of Dodd Blvd. will be performed as a part of a City project. The CDA will be responsible for the cost of infrastructure, including appropriate street lighting. The grading of this site will in compass leveling the area for the house pads, grading for the new Dodd Blvd. alignment, and creating some berming along the north property line. The site is currently elevated above South Robert Trail and Connemara Trail, so no additional berming is proposed along those frontages. Additional landscaping is proposed along the Connemara Trail and South Robert Trail frontages. Drainage On -site stormwater management is proposed through swales and four rain gardens, one located at each corner of the development. The overflow from these ram gardens drain into stormwater pipes that will connect to the west with the stormwater infrastructure installed during the Glendalough 7 Addition. A ram garden management plan will need to be provided to ensure that this infrastructure is in accordance with the City's Stonnwater Management Plan Utilities Utilities to the site will be provided from the west by utilities that were extended to the site as a part of the Glendalough 7` Addition utility construction. Sanitary sewer, water, and storm sewer connection will be made to the Glendalough neighborhood during construction of the new Dodd Blvd. and a watermam stub will be provided to the north to allow future watermain looping when the properties to the north develop. The properties to the north will receive their sanitary sewer and water services from the Glendalough neighborhood to the west. The property directly north of this site will contact a regional stormwater pond. Future Interface with the Glendalough Neighborhood In approving this preliminary and final plat, the City recognizes that this will require a change m the layout to the final phases of the Glendalough neighborhood. The changes associated with Glendalough are relatively minor m nature and would only require a final plat approval based on the changes proposed within this approval. SUMMARY Staff recommends that the City Council approve the Rosemount Family Housing (Dakota County Community Development Agency) Comprehensive Plan Amendment, Rezoning, Preliminary Plat, and PUD Final Development Plan, subject to conditions. 6 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2006- A RESOLUTION APPROVING THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY'S COMPREHENSIVE PLAN AMENDMENT AND REZONING FOR ROSEMOUNT FAMILY TOWNHOMES WHEREAS, the Community Development Department of the City of Rosemount received an application from Dakota County Community Development Agency requesting a Comprehensive Plan Amendment and Rezoning approval concerning property legally described as: That part of Outlot D, EVERMOOR GLENDALOUGH 7 ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying southeasterly of a line described as follows: Commencing at the northeast corner of said Outlot D; thence South 00 degrees 21 minutes 21 seconds East, assumed bearing, along the east line of said Outlot D, a distance of 630.98 feet to the actual point of beginning of the line to be described; thence southwesterly, along a non-tangential curve, concave to the northwest, having a central angle of 29 degrees 13 minutes 01 seconds, a radius of 256.00 feet and an arc distance of 130.54 feet, the chord of said curve bears South 50 degrees 35 minutes 49 seconds West; thence southwesterly along a tangential reverse curve, concave to the southeast, having a central angle of 31 degrees 36 minutes 59 seconds, a radius of 316 00 feet and an arc distance of 174.37 feet to the south line of said Outlot D, the chord of said curve bears South 49 degrees 23 minutes 50 seconds West and said line terminating. Being registered land as is evidenced by Certificate of Title no. 140566 WHEREAS, on November 28, 2006, the Planning Commission of the City of Rosemount held a public hearing and reviewed the Comprehensive Plan changing the land use for the property from Transition Residential to Urban Residential, and rezoning of the property from PUD R -1, Low Density Residential Planned Unit Development to PUD R -2, Moderate Density Residential Planned Unit Development for Rosemount Family Townhomes, and WHEREAS, on November 28, 2006, the Planning Commission recommended approval of the Comprehensive Plan Amendment changing the land use of the property from Transition Residential to Urban Residential, and rezoning of the property from PUD R -1, Low Density Residential Planned Unit Development to PUD R -2, Moderate Density Residential Planned Unit Development, subject to conditions, and WHEREAS, on December 19, 2006, the City Council of the City of Rosemount reviewed the Planning Commission's recommendations; and. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Comprehensive Plan Amendment reguiding the property from Transition Residential to Urban Residential, subject to approval by the Metropolitan Council; and NOW, THEREFORE, BE IT FURTHER RESOLVED, the Council of the City of Rosemount hereby approves the rezoning of the property from PUD R -1, Low Density Residential Planned Unit Development to PUD R -2, Moderate Density Residential Planned Unit Development and will adopt an Ordinance to rezone the site. ADOPTED this 19 day of December, 2006 by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk William H Droste, Mayor Resolution 2006- Motion by: Second by: Voted in favor: Voted against: Member absent: City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE Rosemount Family Townhomes 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 the property located on north of Connemara Trail and within the Southwest 1 /4 of Section 20, Township 115, Range 19, Rosemount, Minnesota, from PUD R -1, Low Density Residential Planned Umt Development, to PUD R -2, Moderate Density Residential Planned Umt Development, legally described as follows: That part of Outlot D, EVERMOOR GLENDALOUGH 7 ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying southeasterly of a line described as follows• Commencing at the northeast corner of said Outlot D; thence South 00 degrees 21 minutes 21 seconds East, assumed bearing, along the east line of said Oudot D, a distance of 630.98 feet to the actual point of beginning of the line to be described; thence southwesterly, along a non tangential curve, concave to the northwest, having a central angle of 29 degrees 13 minutes 01 seconds, a radius of 256.00 feet and an arc distance of 130.54 feet, the chord of said curve bears South 50 degrees 35 minutes 49 seconds West; thence southwesterly along a tangential reverse curve, concave to the southeast, having a central angle of 31 degrees 36 minutes 59 seconds, a radius of 316 00 feet and an arc distance of 174.37 feet to the south line of said Outlot D, the chord of said curve bears South 49 degrees 23 minutes 50 seconds West and said lute terminating. Being registered land as is evidenced by Certificate of Title no. 140566. 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 repubhshed to show the aforesaid rezoning, but the Clerk shall appropriately 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 19 day of December, 2006. CITY OF ROSEMOUNT William H Droste, Mayor A RESOLUTION APPROVING THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY'S PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN AND PRELMINARY PLAT FOR ROSEMOUNT FAMILY TOWNHOMES WHEREAS, the Community Development Department of the City of Rosemount received an application from Dakota County Community Development Agency requesting a Planned Unit Development Final Development Plan and Preliminary Plat approval concerning property legally described as: That part of the following description of property lying north of Connemara Trail That part of the South 736.06 feet of the North one -half of the Southeast Quarter of Section 20, Township 115, Range 19 lying Westerly of the occupied right -of -way of State Highway 3 that lies North of the following described line. Commencing at the Southwest corner of said North one -half of the Southeast Quarter, thence North 00 degrees, 21 minutes, 21 seconds West assumed bearing along the West assumed bearing along the West ]me of said North one -half of the Southeast Quarter a distance of 252 29 feet to the point of beginning of said line to be hereinafter described. thence South 71 degrees, 53 minutes, 11 seconds East a distance of 26215 feet to the Westerly right -of -way line of State Highway Number 3 and said line there terminating, Dakota County, Minnesota. AND CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2006- That part of Outlot D, EVERMOOR GLENDALOUGH 7TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying southeasterly of a line descnbed as follows: Commencing at the northeast corner of said Outlot D; thence South 00 degrees 21 nunutes 21 seconds East, assumed bearing, along the east line of said Outlot D, a distance of 630.98 feet to the actual point of beginning of the line to be described, thence southwesterly, along a non tangential curve, concave to the northwest, having a central angle of 29 degrees 13 minutes 01 seconds, a radius of 256.00 feet and an arc distance of 130 54 feet, the chord of said curve bears South 50 degrees 35 minutes 49 seconds West; thence southwesterly along a tangential reverse curve, concave to the southeast, having a central angle of 31 degrees 36 minutes 59 seconds, a radius of 316 00 feet and an arc distance of 174.37 feet to the south line of said Outlot D, the chord of said curve bears South 49 degrees 23 minutes 50 seconds West and said line terminating Being registered land as is evidenced by Certificate of Title no 140566. WHEREAS, on November 28, 2006, the Planning Commission of the City of Rosemount held a public hearing and reviewed Planned Unit Development Final Development Plan and Preliminary Plat; and Resolution 2006- WHEREAS, on November 28, 2006, the Planning Commission recommended approval of the Planned Unit Development Final Development Plan and Preliminary Plat, subject to conditions; and WHEREAS, on December 19, 2006, the City Council of the City of Rosemount reviewed the Planning Commission's recommendations; and. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Preliminary Plat, subject to. 1. Dedication of right -of -way of Connemara Trail and the new Dodd Blvd. 2. Dedication of drainage and utility easements completely over Oudot A and Outlot B. 3. Dedication of appropriate drainage and utility easement over Lot 1, Block 1 subject to approval by the City Engineer. 4. Approval by the Minnesota Department of Transportation as needed. 5. Conditions with the Engineering memorandum dated November 20, 2006. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Council of the City of Rosemount hereby approves the Planned Unit Development Final Development Plan, subject to: 1. Approval of the Comprehensive Plan Amendment from Rural Residential to Urban Residential by the Metropolitan Council. 2. Execution of a PUD agreement. 3. Incorporation of recommendations of the City Engineer regarding drainage, easements, grading, storm water management and utilities including. The applicant shall secure all permits agreements necessary for the proposed crossing or grading of the pipeline easements. The applicant will grade the new Dodd Blvd as part of their project and provide a cash deposit to the City to pay for its future construction. No parking will be permitted on the streets and turning radius information shall be provided subject to approval by the Fire Marshal. Additional storm water management detail is required including a maintenance plan for the rain gardens. Payment of connection and trunk fees required. 4 Park dedication m the form of cash in lieu of land in the amount of $108,800. (32 units x $3,400 per unit) based upon the 2006 fee schedule. 5. Approval and receipt of permits from the Minnesota Department of Transportation as needed. 6. Eighteen common parking spaces shall be provided, based upon sixteen for the 32 units and two for the office. 7. The apphcant provide at a minimum, a setback of 20 feet between the units and the private streets which will be sufficient for driveway parking. This requirement is m recognition of the single stall garages proposed for the individual units. 8. Provide a minimum of a 20 -foot setback for the off street parking stalls and the new Dodd Blvd right -of -way ADOPTED this 19t day of December, 2006 by the City Council of the City of Rosemount. ATTEST: 9. Any revisions necessary to the landscaping plan to conform to the sight triangle standards for visibihty at intersections will be required for all pubhc and private intersections within the development. 10. The applicant provide a final site plan and grading plan addressing hsted conditions for staff review and approval prior to issuance of a grading permit. Amy Domeier, City Clerk William H. Droste, Mayor Resolution 2006- Motion by: Second by: Voted in favor: Voted against: Member absent: THIS DECLARATION made this day of January, 2007, by the Dakota County Community Development Agency (hereinafter referred to'as "Declarant and WHEREAS, Declarant is the owi the real property described on Attachment One, attached hereto and hereby made a part hereof (hereinafter referred to as the "Subject Property WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Ro emo}mf,. Minnesota "City in connection with the approval of an application-for a planne and DRAFT DECLARATION OF COVENANTS AND RESTRICTIONS ment for a [residential, commercial, mixed use] development on the Subject Property; and F` T WHEREAS, the City has approved such development on the basis of the determination by the City Council of the City, that such development is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the planned unit development would not have been approved; 1 WHEREAS, as a condition of approval of the planned unit development, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration and WHEREAS, to secure the benefits and advantages of approval of' such planned unit development, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subjecf-Property shall conform to the following documents, plans and drawings: a. City Resolution No. 2006 Attachment Two b. Final Plat, Attachment Three (fp-be approved in January, 2007) c. Site Plan (Sheet C0.00 and C2 00), Attachment Four d. Grading, Site 'Demolition, afid Erosion Control Plans (Sheets C1.00 and C3.00), Attachment Five e. Utility Plan, SWPPP, and Utility Details (Sheets C4.00, C5.00, and C6.00), Attachment Six f Landscape Plans (Sheets L1.00 and L2 00), Attachment Seven Architectural Plans and Elevations (Sheets A1.00 to A1.50, A2.00, and A2.10), Attachment Eight h. Architectural Renderings, Attachment Nine all of which attachments are copies of original documents on file with the City and are made a part hereof. g. 2 permits such other development and use 2. Development and maintenance of structures and uses on the Subject Property shall conform to the following standards and requirements: a. Parking stalls shall be located no less than 20 feet from any public street right -of -way. b. The architectural standards for building elevations facing South Robert Trail, Connemara Trail, and Dodd Boulevard shall be higher than those interior to the site. Additional architectural details on these elevations shall include brick exteriors on the bump outs of the rear elevations and shake siding of a different tint complementary color on the pediments of the side elevations. c. Rain gardens shall be maintained by' the Declarant, subject to the submittal 3 and approval of a rain garden management plan to the City Engineer. 3. The Subject Property may only be developed and used in accordance with Paragraphs 1 and 2 of these Declations unless the owner first secures approval by the City Council of an amendment to the Planned wilt development pilawor a rezoning to a zoning classification that In connection with the approval of developers of the Subject Property, the following variances from City Zoning or Subdivision Code provisions were approved: Section 11 15 F. Two Car Garages. Each unit within this development is permitted to liat'e,a single stall garage provided that there is total off street parking provided for an average of 2.5 stalls per unit. b. Section 11 F.4.c. Parking Setback: Parking stalls maintain a minimum of 20 feet of separation from the public street right -of -way. In all other respects the use and development of the Subject Property shall conform to the requirements of the City Code of Ordinances. 5. That part of the Subject Property platted as Outlot A and Outlot B may not be improved without first securing from the City of Rosemount approval of a replatting of such outlots, an amendment to the planned unit development of the Subject Property and an amendment to this Declaration of Covenants. DECLARANT 4 6. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns' by the City of Rosemount acting through its City Council. This Declaration maybe amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly ,authorized agents, officers or representatives of Declarant haV *hereunto set thieir hands and seals as of the day and year first above written. By Its By Its STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this of 2007, by the and the for and on behalf of a by and on behalf of, said 5 Notary Public g Ott, tt i,k °t-t. ADOPTED this 19 day of December, 2006. ATTEST: Amy Domeier, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2006 A RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR DAKOTA COUNTY CDA STREET AND UTILITY IMPROVEMENTS CITY PROJECT #404 WHEREAS, the Dakota County CDA has requested the City of Rosemount prepare plans and specifications for Dakota County CDA Street and Utility Improvements, City Project #404; and WHEREAS, Dakota County CDA will deposit the necessary funds with the City for preparation of the plans and specifications for City Project #404 prior to the commencement of work; and WHEREAS, Dakota County CDA acknowledges that this action does not imply or guarantee City Council approval of the final plat for Dakota County CDA. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Rosemount orders the preparation of plans and specifications for said improvements of City Project #404. William H Droste, Mayor Motion by: Seconded by: Voted m favor: Voted against: Member absent: PROPERTY ID NUMBER 34-02010-015- FEE CWNER PAYABLE 2D05 TAXES NET TAX SPECIAL ASSESSMENTS TOTAL TAX SA PAYABLE 2006 ASMNT USAGE RESIDENTIAL NOTE Dimensions rounded to nearest foot 0 00 SITE MAP 2005 ESTIMATED MARKET VALUES (PAYABLE 2006) LAND BUILDING TOTAL SCHOOL DISTRICT LOCATION N'W1l4 SE1 /4 SECTION 20- 115 -19 PAYABLE 2005 HOMESTEAD STATUS NON HOMESTEAD WATERSHED DSTRICT VERMILLION RIVER LAST QUALIFIED SALE DATE AMOUNT Copyright 2005, Dakota County This drawing is neither a legally recorded map nor a survey and is not intendee to be used as one Ts drawing is a compilation of records, information and da-a ioca'ed in venoms city, county, and state oFces and other sources, affecting the area shorn, and is to be _seo for reference purposes only Dakota County is not responsible for any 'flatmates herein con'ained If discrepancies are found, please contact Dakota County Survey and Land Information Departmen' Man rata N mhcr R ;Tins Parcels I Iodated :0/2712005 Aerial Pholooraohv 2004 LOT SIZE rag 276,900 TOTAL SO FT 6 35 TOTAL ACRES 136 56,450 ROAD RXN SO FT 2005 BUILDING INFORMATION (PAYABLE 2006) NO DATA AVAILABLE PLAT NAME SECTION 20 TWN 115 RANGE 19 TAX DESCRIPTION 5 736 O6 FT OF N 1/2 OF SE 1/4 LY 01 OF 5TH #3 SUBJ TO ESMNTS OVER S 103 FT EX PT N OF 3 100 FT A. 5 OF LINE COM SW COR SAID N'12 OF SE 1/4 N 252 29 FT TO BEG OF LINE 5 71053M115 E 262 15 FT TO W RAN 5TH #3 THERE TERM 20 115 19 a o e, !G R 2! {A \j Preliminary Plot RGSEMOUN FAMIL HOUSING emmwn MN CDA DAKOTA COUNTY 1228 Town Center Orlw Eagan, Minnesota 55123 IREONs =5= MX 5B—II v O 0 0 a: a I INI> DATE I nem a _yML_ r.rm.r aw DATE: November 20, 2006 TO: Eric Zweber, Senior City Planner CC: Kim Lindquist, Community Development Director Andrew Brotzler, City Engineer Kathie Hanson, Planning Department Secretary FROM: Morgan Dawley, Project Engineer RE: Rosemount Family Housing (Dakota County CDA) Preliminary Plat and Variance Application Upon review of the Rosemount Family Housing (Dakota County CDA) Preliminary Plat, Final Plat, and Site Plan dated October 25, 2006 and received on October 25, 2006, the Engineering Department offers the following comments: Final Plat: 1. Dodd Boulevard right -of -way shall be labeled as such rather than as Dodd Road. Site Plan Comments: Site Demolition and Erosion Control Plan Sheet C1.00 1. Inlet protection is shown to be installed within Mn /DOT right -of -way on Trunk Highway 3. Any work to be conducted within Mn /DOT right -of -way or roadway easement shall be by permit. The applicant shall secure a permit from Mn /DOT for said work prior to grading permit issuance. 2. Silt fence locations should be verified and revised to encompass the grading limits for the site. Site Layout and Dimension Plan Sheet C2.00 1. Private streets narrower than 28 feet will be required to be posted for "No Parking" to maintain emergency vehicle access. 2. Turning radius information shall be provided to demonstrate that emergency vehicles (i.e. fire trucks) are able to maneuver through the site. Site Grading Plan Sheet C3.00 MEMORANDUM 4 ROSEMOUNT PUBLIC WORKS 1. Grading for Dodd Boulevard shall be conducted by the developer concurrently with site grading. Street and utility construction for Dodd Boulevard shall be conducted by the City following certification by as -built survey of grading within right -of -way. 2. The applicant shall secure all necessary permits /agreements for work within pipeline easements. The City shall work jointly with the applicant to obtain permits for street and utility construction within Dodd Boulevard right -of -way that hes within gas pipeline easements. 3. Proposed grading within Dodd Boulevard right -of -way shall reflect a 2.83' hold -down from finished grade within the street section (bottom of select granular section). If onsite material is. available that meets City specifications for select granular, this hold -down may be reduced to 0 83' with the top 24" placed as select granular with the approval of the City Engineer. 4. Grades shown on the north property boundary appear to require offsite fill to be into existing contours. The existing contours should extend 200' past the property boundaries. If grading is to occur offsite, temporary construction easements shall be secured by the apphcant and shown on the plans. Alternatively, revise grades to tie into existing contours within property boundanes. 5. Slopes northeast of Ram Garden (NE) appear to be 2:1. Revise grades to show maximum slope of 3:1 or addition of retaining wall. 6. Some swale areas appear to be less than 1% grade. Revise grades to show mm slope of 1 m green space areas with a preferred slope of 2% or addition of storm sewer. 7. Emergency overflow routes from low points shall be labeled. 8. A vertical curve profile for Dodd Boulevard shall be submitted for review and approval. 9. It is recommended that the emergency overflow route from Ram Garden (SE) be redirected toward the Connemara Trail storm sewer inlet rather than east toward the retaining wall in Mn /DOT Trunk Highway 3 right -of -way. Site Utility Plan Sheet C4 00 1. Public utilities shall be located within the public nght -of -way street areas 2. Utilities interior to the site and outside City right-of-way shall be considered private utilities. Additionally, the proposed rainwater gardens will be pnvately maintained. 3. Pnvate utilities shall be constructed in pnvate street areas rather than boulevards Connections to public utilities shall be in street intersection areas in vicinity of t -t. 4. It is recommended that the draintile locations within the ram gardens be shown on the plans and installed a maximum distance away from curbcut inlets to promote infiltration. 5. It is recommended that the depth of the ram garden systems be increased from 1' to a minimum of 2' from fuushed grade to top of dramtile pipe. General Comments: 1. Final plans shall be signed by a hcensed professional engineer. 2. Venfy plans submitted are projected on Dakota County coordinates, NAD83. 3. Gradmg for Dodd Boulevard shall be conducted by the developer concurrently with site grading. Street and utility construction for Dodd Boulevard shall be conducted by the City. 4. All work within gas pipeline easements is subject to permit /agreement by Koch Pipeline and /or Magellan Pipeline. 5. All work within Mn /DOT right -of -way or roadway easement is subject to permit by Mn /DOT. 6. The estimated City development fees are as follows: o Trunk Sanitar Sewer Area Charge o Trunk Water Area Charge o Trunk Storm Water Area Charge o Storm Water Pondmg Fee o GIS Fee 5.85 acres $107.,, acre $6,289 5.85 acres $4420 /acre $25,857 5.85 acres $6200 /acre $36,270 5 85 acres $5920 /acre $34,632 32 units $60 /unit $1,920 Should you have any questions or comments regarding the item listed above, please contact me at 651- 322 -2022. �C ROSEMOUNT PARKS AND RECREATION M E M O R A N D U M To: Kim Lindquist, Community Development Director Eric Zweber, Senior Planner Jason Lindahl, Planner Jamie Verbrugge, City Administrator Andy Brotzler, City Engineer Morgan Dawley, Project Engineer From: Dan Schultz, Parks and Recreation Director Date: November 20, 2006 Subject: Rosemount Family Housing CDA Project The Parks and Recreation Commission will be reviewing the plans submitted by the CDA for the Rosemount Family Housing project on Monday, November 27, 2006. Staff will be recommending that the parks dedication be paid as cash in lieu of land. The cash amount would be $108,800 (32 umts x $3,400 per unit) Staff will also be recommending that the City secure ample space for a trail/sidewalk on both sides of the road labeled "Dodd Road" on page two of the final plat. I will forward the Parks and Recreation Cominissron's comments to the planning staff once completed. Please call me at 651- 322 -6012 if you have any questions about this memo. Excerpts from the November 28, 2006 Planning Commission Meeting Minutes 5.a. 06 -54 -CP Rosemount Family Housing (Dakota County CDA). Community Development Director presented this item. At their February 7, 2006 meeting, the City Council approved the PUD Concept Plan, Comprehensive Plan Amendment, Rezoning, and Preliminary Plat for 30 townhouse units, with conditions. One of the conditions was that the Dakota County Community Development Agency (CDA) was to work with Lennar, the developer of the property to the west, to provide a joint access to the site from Connemara Trail. The Dakota County CDA has purchased a portion of the Outlot D of E ermoor Glendalough 7` Addition that would provide a direct access to Connemara Trail in the location of the former Dodd Blvd. This new street access would then provide one access to the west to serve the Glendalough neighborhood and one access into the CDA site. A second access remains to the north as previously anticipated. As a result of the additional property purchase, the Dakota County CDA has revised its concept plan to include 32 units, an increase of two units from the onginal approval. Along with the revisions of the PUD Concept Plan, Dakota County has also prepared and is asking for approval of the Final Plat and PUD Final Development Plan of the project. If the Planning Commission and City Council were to recommend approval of all these requests, this would be the last public approvals necessary prior to the CDA to beginning construction. At their February 7, 2006 meeting, the City Council had approved a 30 unit townhouse development consisting of 5 four -unit buildings and 2 5 -unit buildings. The density of this development was 6.25 units per acre. This development was proposed to be accessed through the Glendalough neighborhood by an extension of a private drive from Tara Commons. The Planning Commission and City Council were concerned about accessing this site through the Glendalough neighborhood, proposed building setbacks from the pnvate drive, and a number of other issues. Excerpts from the minutes of the Planning Commission meetings and the City Council meeting are attached. Ms. Lindquist reviewed the current site plan, comparing it to what was presented in February, 2006. She reviewed the main issues. the project is requesting a master development plan; and the new parcel needs additional approval for a comp plan amendment and rezoning change to be tied into the CDA project. Kari Gill, Deputy Executive Director, Dakota County CDA, gave an overview of the project for those Commissioners who were not present last winter. The purchase of the new parcel is contingent upon approval of this item. Ms. Gill presented slides showing the need for workforce housing in Rosemount, guidelines for residents, ownership details of the project, and property management of the project. She discussed other similar developments in neighboring communities, showed pictures of other projects, and discussed details of the Rosemount project. The architect of the project, Kim Bretheim, LHB, Inc., was also present for questions. Chairperson Messner opened the public heating at 6:47 p.m. David Bartz, 13566 Crompton Court, stated he still has concerns with the project. He presented slides summarizing his concerns including the following: the growth rate has far exceeded the Comprehensive Plan, the small town feel goal in the Comprehensive Plan has not been maintained, the proposed project exceeds the density for a PUD, single stall garages do not meet the requirements, and the proposed project has less than half of the land required for a PUD. He asked if this project would be approved if it was proposed by a different developer. He mentioned that a local newspaper recently noted an objection to the UMore park development as Rosemount would lose its small town feel. Mr. Bartz feels the CDA project accomplishes that also. There were no further public comments. MOTION by Howell to close the Pubhc Hearing. Second by Schwartz. Ayes: All. Nays: None. Motion approved. Public hearing was closed at 7:00 p.m. Commissioner Schultz asked about the access road from Connemara. City Engineer Brotzler responded that it did not make sense to have a separate driveway off of Connemara. However, there is still the potential to extend the median m that road in the future. Commissioner Schwartz asked if the project was to revert back to density of 6 units rather than 6.5 units, how many units would that allow. Ms. Lindquist stated the reason why the density shifted was because the road became a right -of -way which would allow 6.03 units per acre. Chairperson Messner asked about the purpose of Outlot B. Mt. Zweber responded that Outlot B is a separate Outlot west of Dodd Blvd and is essentially open space but it is not dedicated to the City. Ms. Lindquist responded the current City Comp Plan does not have a median plan designation and therefore, there is a wide designation in Urban Residential. The City Council had mentioned proposing an amendment to the Comp Plan in the future. There were no further questions or comments by the Commission. MOTION by Commissioner Schwartz to recommend that the City Council adopt an amendment to the Comprehensive Plan changing the land use designation for the site from Transition Residential to Urban Residential subject to approval by the Metropolitan Council. Second by Schultz. Ayes: 5. Nays: 0. Motion by Commissioner Schultz recommend that the City Council adopt an ordinance rezoning the site from Rural Residential to R -2, Moderate Density Residential PUD. Second by Howell. Ayes: 5. Nays: 0. Motion by Chairperson Messner to recommend that the City Council approve the preliminary plat and final plat subject to: 1. Dedication of right -of -way of Connemara Trail and the new Dodd Bvld. 2. Dedication of drainage and utility easements completely over Outlot A and Outlot B. 3. Dedication of appropriate drainage and utility easement over Lot 1, Block 1 subject to approval by the City Engineer. 4. Approval by the Minnesota Department of Transportation as needed. 5. Conditions with the Engineering memorandum dated November 20, 2006. Second by Schultz. Ayes. 5. Nays: 0. Motion by Commissioner Howell to recommend that the City Council approve the Planned Unit Development Final Development Plan subject to: 1. Approval of the Comprehensive Plan Amendment from Rural Residential to Urban Residential by the Metropolitan Council. 2. Execution of a PUD agreement 3. Incorporation of recommendations of the City Engineer regarding drainage, easements, grading, storm water management and utilities including: The applicant shall secure all permits agreements necessary for the proposed crossing or grading of the pipeline easements. The applicant will grade the new Dodd Blvd as part of their project and provide a cash deposit to the City to pay for its future construction. No parking will be permitted on the streets and turnmg radius information shall be provided subject to approval by the Fire Marshal. Additional storm water management detail is required including a maintenance plan for the rain gardens. Payment of connection and trunk fees required. 4. Park dedication in the form of cash m lieu of land in the amount of $108,800. (32 units x $3,400 per unit) based upon the 2006 fee schedule. 5. Approval and receipt of permits from the Minnesota Department of Transportation as needed. 6. Eighteen common parking spaces shall be provided, based upon sixteen for the 30 units and two for the office. 7. The applicant provide at a minimum, a setback of 20 feet between the units and the pnvate streets which will be sufficient for driveway parking. This requirement is m recognition of the smgle stall garages proposed for the individual units 8. Provide a minimum of a 20 -foot setback for the off street parking stalls and the new Dodd Blvd. 9. Two additional trees shall be installed in front of the southern four -unit building adjacent to the new Dodd Blvd. 10. Any revisions necessary to the landscaping plan to conform to the sight triangle standards for visibility at intersections will be required for all public and private intersections within the development. 11. The applicant obtains final building elevation approval including brick wainscoting or similar accent on the rear and side elevations for City Council review and approval prior to issuance of a building permit. 12. The applicant provide a final site plan and grading plan addressing hsted conditions for staff review and approval prior to issuance of a grading permit. Second by Schwartz. Ayes: 5. Nays: 0. Ms. Lindquist stated this item is scheduled for City Council on December 19, 2006. AGENDA ITEM: Planning Cases 05- 50 -CP, 05- 51 -RZ, 05- 52 PUD and 05 -53 PP, Dakota County Community Development Agency Comprehensive Plan Amendment, Rezoning, PUD Master Plan and Preliminary Plat for Rosemount Family Housing AGENDA SECTION: New Business PREPARED BY: Kim Lindquist, Community Development Director AGENDA NO. ATTACHMENTS: Draft Resolutions, Draft Ordinance, Location Map, Site Demolition and Erosion Control Plan, Site Layout and Dimension Plan, Site Grading Plan, Site Utility Plan, Landscape Plan, Site Tree Replacement Plan, Preliminary Plat, CDA Supplemental Information, Partnership Program Information, Public Comments, Draft 01/24/2006 PC Minutes, 01/24/2006 PC Packet, Draft 01/10/2006 PC Minutes, 01/10/2006 PC Packet APPROVED BY RECOMMENDED ACTION: Motion to adopt a resolution approving the Comprehensive Plan changing the land use designation for the site from Transition Residential to Urban Residential subject to approval by the Metropolitan Council and rezoning of the site from Rural Residential to R -2, Moderate Density Residential PUD. Motion to adopt an ordinance rezoning the site from Rural Residential to R -2, Moderate Density Residential PUD. Motion to adopt a resolution approving the preliminary plat, subject to conditions. Motion to adopt a resolution approving the Planned Unit Development Concept, subject to conditions. 4 ROSEMOUNT CITY COUNCIL tin Februa 7, 2006 EXECUTIVE SUMMARY ISSUE The Dakota County Community Development Agency "CDA has submitted apphcations to construct a 30-unit townhouse development on a 4.8 acre site located on the northwest corner of Connemara Trail and STH 3, South Robert Trail. The townhouses will be owned and maintained by Dakota County CDA. A number of issues need to be resolved prior to the project being ready for PUD Master Plan that would commit the project to all of the design details of the project. Therefore, staff is reviewing the development as a concept to provide a basis for the Comprehensive Plan Amendment and Rezoning In addition, the plat will be comparatively simple, allowing for conditional approval of the prehminary plat. The site is currently vacant, and although it has frontage along Highway 3 it is restricted from having direct access. Access has been the pnmary Commission at their meeting alternatives are feasible and p further in the memo. BACKGROUND Apphcant: Location. Property Owner. Current Comp Plan design: Proposed Comp Plan. Current Zoning. Requested Zoning: Current use: Preliminary Plat data: Number of Units Density: Surroundmg uses: Side West East South North focus of the review and three alternatives were explored before the Planning on January 24, 2006. The City's Traffic Engineer has determined that two tactical to serve the project and the surrounding area. These will be explained Dakota County Community Development Agency Northwest comer of Connemara Trail STH 3, South Robert Trail. Christopher Kathleen Ostertag Transition Residential Urban Residential Rural Residennal R -2, Moderate Density Residential Vacant Existing Parcel 5.65 acres Proposed Lot 1, Block 1 4.8 acres Outlot A (South of Connemara Trail) 0.18 acres Right -of -way for Connemara Trail 0 67 acres 30 units 6 25 dwelling units /acre (Lot 1, Block 1) Current use Zoning Comp Plan Evermoor developmg residential R -1 (PUD): Transition Residential Harmony developing residential R -2 R -3 (PUD) Urban and High density residential Cemetery S. of Connemara Tr. Public /Inst., Parks Open space Rural Residennal Rural Res., Transition Residential PLANNING COMMISSION OF JANUARY 24, 2006 At the meeting on January 24, 2006 several members of the public spoke regarding the project. There were concerns expressed about the access to the site, the impact of the project on the surrounding area and the home values of the adjoining neighborhoods, the amount of density of the project and a concern about the number of exceptions to the R -2 ordinance standards. In some cases residents had interpreted that some aspects of the project were variances when they are typical of how the ordinance is implemented In other cases there are exceptions to the ordinance standards, such as having smgle -car garages versus two car garages. The Planning Commission discussed the three access alternatives and based upon the traffic engineers information were comfortable that either Alternative 1 or Alternative 2 provide reasonable and acceptable access to the site and result in expected traffic counts and conditions for the adjouung neighborhood. The majority of the Commission also supported medium density development on the site. They felt that the site's location in the coimnumty, situated between single family to the west and Highway 3 to the east, with Connemara Trail to the south, made this a good transition piece to the western neighborhoods. The majority also recognized that the provision of workforce housing supported a goal and a need in the community and that the PUD was an appropriate vehicle to design the project and ensure that the site plan is successfully earned out. Ultunately, the Commission recommended approval of all apphcations on a 4 -1 vote. The dissenting vote was due to the concern about too much density in the area and the potential impacts on the surrounding neighborhoods The recommended condrnons of approval before the City Council are those recommended for approval by the Planning Commission. PLANNING COMMISSION OF JANUARY 10, 2006 At the meeting of January 10, 2006 the Planning Commission held a public hearing on the CDA proposal. Nine people spoke during the public hearing, all in opposition to the project. Additionally, there were 28 2 emails received also opposing the project The opposition was primarily related to the rental nature of the project and the mcorne levels of future residents. There was also some concern expressed over the density of the development and the amount of medium density development within the area. The Commission discussed several site plan issues but focused most on the access to the site. The Commission continued the item to allow additional review of the access issue. SITE ACCESS There are three alternatives available to provide access to the site. WSB Associates has reviewed the three alternattves and provided traffic information about each option. Their study and the concept drawings of all three alternatives are attached. Altemative 1 The first alternative is to provide access as initially anticipated through the Glendalough neighborhood. A public road would be extended through dedicated right -of -way and then turned north to allow for a future through street; generally paralleling Dodd Road. This is the access provided in the first subimttal. The WSB study finds that this is an acceptable access option for development of the site The CDA site is projected to generate 175 vehicle trips per day based upon the ITE manual. This combined with the estimated trips on the Glendalough cul -de -sac would be approximately 350 vehicle taps per day. The number of trips is consistent with the type of traffic expected on a local street, which are 500 -1000 daily trips. Because all of the proposals would include access to the north from the CDA site, additional taps may go through the Glendalough neighborhood when the five lots to the north develop. However, it is expected that many of the taps would go north. Assuming a 50/50 spht, the traffic generation, upon full development, would still be within the acceptable daily trip range for a local street. Alternative 2 The second alternative would extend the proposed cul -de -sac, Tara Commons Court, to Connemara Trail One of the reasons this idea was initially discarded was that existing pipelines would need to be lowered to make the grade connection between the cul -de -sac and Connemara. To avoid this cost the road was planned to stop short of Connemara and the connection from the cul -de -sac to the CDA site planned. During the hearing there was some concern expressed about adding another access point to Connemara Trail as it is a designated collector street, prompting certain access and spacing guidelines. If the Commission would recommend this option, staff would recommend the through connection at Couchtown Avenue and Connemara Trail be disconnected. Local traffic would all be funneled through Tara Commons or Glendalough Trail, which is already available. These two roads have received preliminary plat approval but have not received final plat approval and therefore the changes could be made with minor lot adjustments. There was also concern expressed that this connection may be too close to the Highway 3 /Connemara Trail intersection. While it is closer than desired because it is on the north side of the street, queuing for a right -hand turn should not occur that would cause a back -up into the mtersection. In other words, if the new road was on the south side, the left -hand turn movement may cause a back -up that could negatively impact the Highway 3 /Connemara Trail intersection. Because there is very httle wait if any for the driver when turning right, a back -up should not occur and therefore the stacking distance can be reduced. Alternative 3 The final alternative is to provide a separate access to the CDA site near Tara Commons. This alternative, similar to Alternative 2 would require lowering the pipeline Additionally, it would impact at least two lots within the Glendalough plat, perhaps rendering them unbuildable. While this alternative seemed to have 3 some favor, it is actually more difficult to attain the appropriate road geometries required for a pubhc road. Additionally, this option provides an additional access unto Connemara Trail which is undesirable since the Glendalough neighborhood would maintain two other access points f to the west. Staff recommends approval of either Alternative 2 or Alternative 1 for access to the CDA site and the Glendalough neighborhood. Alternative 2 has the benefit of allowmg the two neighborhoods to directly access Connemara Trail but does not bring an adjoining neighborhoods traffic through a different residential neighborhood. However, this alternative requires cooperation between two different developers and adds costs to the project because an existing pipeline will need to be lowered. Cost sharing, revision of a prelmunaiy plat, and regrading of a portion of the Glendalough neighborhood would all need to be accomplished. If the two developers cannot come to an acceptable arrangement, staff and the Planning Commission were equally comfortable with AIternatve 1. Alternative 1 is also acceptable from a traffic engineering standpoint as the local roads proposed are designed to carry traffic volumes like that proposed, even under a full build scenario. Because requiring only one alternative may make the developer negotiations difficult, for the time being staff continues to have recommended conditions that recognize either of the two alternatives. When the item is again before the Council for final master development plan approval, the access issue will be fully resolved. Site Density The entire site is 5.65 acres including right -of -way for Connemara frail. Without the right -of -way, which the city has obtained, the site is 4.98 acres. However, a portion of the site is located on the south side of Connemara bringing the buildable area down to 4.8 acres. The CDA will not be retatnuhg ownership of the southern outlot, as proposed in the plat. The net density calculation for the property is then 6 25 units per acre. For comparison the GlenRose project recently approved (and rezoned to PUD R -2) was 7 units per acre. The Brockway project m total was approximately 5 units per acre, although the calculation includes the dedicated park and private open spaces. Round Stone within the Evennoor neighborhood is approximately 8 units per acre During the most recent Comprehensive Plan update, for the 42/52 area, the Commission recoirunended and the Council concurred adding a medium density residential designation in the Comprehensive Plan. The proposal is as follows: Urban Residential 1 -4 umts per acre Medium Density Residential 4 -8 units per acre High Density Residential 8 -20 units per acre The CDA project falls within the Medium Density Residential designation and the density is consistent with what would be expected in a townhouse project. Site Landscaping Another item discussed by the Planning Commission was the landscaping on the site, particularly along the western edge of the development. It appears that much of the natural vegetation will be removed due to site development and extension of the public toad. Staff is recommending that additional buffering to the west, as well as along the eastern property line, be installed The initial condition required additional shrubbery to supplement the deciduous trees proposed. Staff is recommending that the landscaping plan be revised in the future, during the master development plan approval phase to include both coniferous and deciduous trees as well as additional shrubbery. Site Variances Residents m the area have distnbuted information stating that there are numerous vanances needed to approve the project. As the Council is aware, the PUD process allows the City to be flexible as related to the standard zoning districts, should they so choose In this case the R -2 zoning is used as the basis for evaluation of the project There are several areas where the site plan vanes from the ordinance standards 4 EXCERPTS OF THE PLANNING COMMISSION SPECIAL MEETING MINUTES JANUARY 10, 2006 Public Hearing: 5a. 05 -50 -CP Rosemount Family Townhomes (CDA Project) Comp Plan Amendment, Rezoning, PUD Concept Plan and Final Development Plan and Preliminary Plat. Mr. Pearson reviewed the staff report. The Dakota County Community Development Agency "CDA has submitted applications to construct a 30 -unit townhouse development on a site located on the northwest comer of Connemara Trail and STH 3, South Robert Trail. The townhouses will be owned and maintained by Dakota County CDA. The discussions and recommendations concerned a Comprehensive Plan Amendment, Rezoning, Preliminary Plat and PUD Concept Plan City Engineer Brotzler highlighted the engineering comments regarding site access, grading, and stormwater issues. Chairperson Messner asked the Commission if they had any questions for Mr. Pearson. Commissioner Schultz questioned the proposed urban residential land use for the site and what other sites had the same land use designation. Mr. Pearson summarized other areas in the City where the Urban Residential zoning is located and further noted this request is similar to the Evermoor Roundstone and Waterford projects done in the past. Commissioner Schultz inquired if stop signs would be placed on the Connemara intersection Mr. Brotzler stated the traffic at the intersection will not warrant the placement of stop signs and that the extension of the median is a possibility. Ms. Lindquist stated that staff received several emails and voicemails. Ms. Lindquist explained that m light of the interest m the project, it would be beneficial to the residents to understand the issues that are facing the Planning Commission and potentially the Council on this item. The land use designation is moving from Transitional Residential to Urban Residential. It was not changed in the Evermoor project, it was kept Transitional Residential. The Commission's job is to review the project based on the land use impacts associated with the project. The Commission should not consider ownership versus rental or affordability versus high end housing for residential projects The land use impacts are the same for either scenario. When the City makes a determination that this project is a project they want to see m the community they must find land use impacts for denial and not solely because it's a rental versus home ownership project. Similarly, the City cannot say since it is affordable housmg versus a million dollar home that we can deny the project. The City needs to consider the appropriate land use for the site whether it be a muth family, single family or a high density residential site. Then there will be a myriad of issues regarding the site plan. The project does meet the goals set by the Council to offer a variety of housing in the community. Chairperson Messner invited the applicant to come forward. Kari Gill, Dakota County Community Development Agency, gave the background on what the proposed development. There is significant demand throughout Dakota County for affordable housing. Ms. Gill stated the units are targeted to people earning around 50% of the median. The average income in the developments is about $28,000. There is a tmmmum income requirement and it is geared towards families that are working in modest paying jobs. Ms. Gill stated the ownership of the project is a public pnvate partnership with 99% of the development owned by a private partner. The Dakota County CDA has l% ownership. The CDA does its own property management and its own staff to maintain the property and 1 individual units. Ms. Gill shared pictures of similar developments. The proposal is for 30 units, a small office, tot lot and a gazebo area Ms. Gill commented that as development moves forward the CDA would work closely with the City to meet and exceed any landscaping requirements. Ms. Gill was happy to answer any questions regarding the development. Chairperson Messner opened the Public Hearing. Gene Rusco, 3553 Couchtown Path, respected the comments on the land use issues but still feels his comments are important based on the stated need for low income housing. Mr. Rusco quoted Professor Gary Painter of the USC School of Policy, Planning and Development by stating low income housing programs negatively impact labor force participation. He further suggested that City staff refer to the Journal of Housing Research published by the Fannie Mae Foundation, Volume 12, Issue 1, published in the year 2001. Mr. Rusco stated that studies show the only beneficiaries of low income housing are really high income builders and investors. He further referred the Commission to the work of Ron Feldmen of the Minnesota Fed who is cntical of the government's pretence of helping poor people by subsidizing builders He urged the Commission to realize the cultural impact on the community of this project. He asked the Commission to vote no on this project Dean Smith, 3548 Cromwell Trail, urged the Commission to look at its policy manual. Mx. Smith believes that public input should be solicited at an earlier time in the process. He spoke about the potential crime issues. He further urged the Commission to slow down the process to allow for more input and consideration. Gary Anderson, 3418 Cromwell Trail, stated he is not convinced why this site was picked for the CDA project given the amount of undeveloped land in Rosemount. He further stated this project will deflate his property value. He added CDA projects elsewhere have a higher police rate. Joel Weiss, 13579 Crossmoor Avenue, said he is sympathetic with low income people. He suggested though that job skills should be offered and not subsidized housing stating a better choice for location would be near the technical college. Leonarad Burridge, 13431 Cormack Circle, commented that many more people would be here tomght to give comments if notice of the public hearing was given. Mr. Burridge stated his reasoning for choosing to live in Evermoor. He asked the City to explore other options but if this is the only site chosen that Evermoor residents receive better notice of the process. Kelly Henson- Evertz, 13113 Crolly Path, questioned the noticing of the public hearing. Ms. Henson Evertz stated her concem with the high density housing and the traffic issues. She believes there has to be a better location for the project somewhere else in Rosemount. Barbara Harvey, 3566 Crosslough Trail, stated she would like the City to explore other options and stated she had concerns over traffic. 2 Nancy Frosig, 3703 Crosslough Trail, stated she left the City of Richfield because of low income housing and the crime. She asked the Commission not to change the neighborhood feel Lon Stormoen, 3474 Crumpet Path, stated she is curious about what other specific parcels of land were entertained by the CDA. Ms. Stormoen was also concerned as to how this parcel was chosen. Chairperson Messner commented that the site m question is what the Planning Commission is looking at tonight. No Planning Commissioners are aware of what other sites were entertained. Darrell Pavelka, 3505 Couchtown Path, stated his concern about the land use issue in regard to the intended designation for the property north of this site. Mr. Pearson stated the property to north is guided Transition Residential and zoned Rural Residential. The City has not entertained any development apphcations for that property. Mr Pavelka stated his concern about potential trespassing at the pool and park in the Glendalough neighborhood. MOTION by Schwartz to close the Public Hearing. Second by Zurn. Ayes. All. Nayes: None. Pubhc Heanng closed. Chairperson Messner asked the Commission for any additional follow -up comments or questions. Ms. Lindquist addressed the crime concerns raised. Police Chief Kalstabakken compiled information from Hastings, Mendota Heights and Eagan who have CDA projects. Pohce representatives stated they do not consider CDA projects a pohce problem area. Additionally, Pohce Chief Kalstabakken stated the low income housing project at 145th and Biscayne Avenue is not a problem property m the City. Mr. Pearson stated development at the Technical Colleges would be a few years out given the availability for urban services in that area. Commissioner Powell questioned if there is a right -of -way platted from the cul -de -sac west of the side coming from Glendalough to the east to make a connection. It should be noted it's a through street and not a cul -de -sac Commissioner Powell questioned how far in advance the development signs were placed at the subject property. Ms. Lindquist responded the signs for development were installed approximately two and a half months ago. Ms. Lindquist further clarified the City noticed the area within 350 feet of the subject property. The notice the residents are referring to is a notice distributed by the neighborhoods. Commissioner Powell questioned if this property was ever included in the Evermoor project. City Planner Pearson stated this parcel was not planned or platted out as part of Evermoor. Commissioner Schultz asked Ms. Lindquist to address the pubhc in regards to the rules for noticing a pubhc hearing. Ms. Lindquist stated the City adopts the same rules the State law has in terms of pubhc notice and notification requirements. The City is required to notice public hearings in the official newspaper by pubhcation 10 days prior to the meeting date. 3 The City is also required to notice property owners within 350 feet within the subject property. Mike Vipond, 3445 Couchtown Path, asked if Lundgren Brothers was notified of this project. Ms. Lindquist stated that Lundgren Brothers was aware of this project several months ago. Com Powell asked the City Engineer to again review the roadway alignments proposed because of the access issues. Mr. Brotzler again showed Alternate A to the Commission including the public street access proposed to the site from the future Glendalough street system. Staff is recommending a public street extension to the north to provide for a secondary access as well as a continuous street extension to connect to Dodd Road m the future. An alternate that is being reviewed would provide a separate public street access to the proposed project site separate from the Glendalough development. Mr. Brotzler stated the alignment is concept only. Chairperson Messner stated an obvious Alternative C would be to extend the cul -de -sac out to Connemara Mr. Brotzler stated that in 2005 when the Glendalough grading plan was developed by Lundgren's engineer it was reviewed by the developer, its engineer and City staff. The developer had incurred costs to lower the pipeline through the easement to accommodate the construction of Connemara Trail as it is today. Due to the grades that were proposed on the grading plan there would've been modifications to the grading plan and the proposed street to make a connection to Connemara Trail. It would have required the pipeline to have been lowered and the developer elected not to lower the pipeline trail. Commissioner Schwartz asked the theory behind collector streets. Mr. Brotzler stated collector streets are designed to carry a higher volume of traffic and by design are built to support access from local streets. When the Evermoor development was planned, which included the extension of Connemara Trail to Highway 3, there was access to the subject property. Commissioner Schwartz questioned why the project is allowed to have single car garages Ms. Lindquist stated through the PUD process they are able to address the concern When first working with the CDA several years ago, there was discussion with the Council about amending the ordinance to allow single stall garages for affordable housing. It was felt at that time the PUD process would allow that variation, should the City wish to approve the project. Mr. Pearson stated the site plan allows for 20 foot setbacks of the garages to the public street. When this site plan comes back again, there will be two and one half parking spaces for each unit. Commissioner Schwartz stated her concern about parking because the Roundstone area has a parking problem and it has caused a great deal of strife in that particular community. Commissioner Schultz asked staff to explain the landscaping requirements on the west side of the property. Mr. Pearson responded that the landscaping plan shows a variety of trees, but shrubs should be added between the trees. There might be some other potential areas of landscaping on both sides of the street. Chairperson Messner stated the Commission looks at land use plans and at what is an appropriate use for property along Highway 3, along a collector street. The Commission is 4 not necessarily looking at the end use. Chairperson Messner apologized if the public thought the Commission was only going to talk about the CDA and what they are proposing for the site He stated he understands the public's concern, but the Commission is looking at the land use. Commissioner Powell shared his position. He has significant concern with the unresolved access to the site. He did not favor direct access from Connemara Trail. Commissioner Schwartz concurred with the access issue. Commissioner Schwartz feels there does not need to be more density in that area of the City. Chairperson Messner stated that given the access concerns, does the Urban Residential land use designation seem to fit with this site located along Highway 3 and Connemara Trail. Commissioner Powell stated he could support the motion to regutde the property but the following three motions he could not support. Ms. Lindquist stated staff typically wouldn't support reguiding the property if the Commission is not interested in rezoning at this time. If the access issue is resolved, would the Commission be comfortable with a medium density project or a single family project. Ms. Lindquist said staff could get the access issue wrapped up by the next Commission meeting in two weeks, but if the Commission isn't going to support the project regardless of the access issue, then the CDA would prefer the Commission deny the project so it could go to the Council for discussion. Commissioner Messner stated that other than the access issue that needs to be resolved, this is the type of site that is suited for medium density housing. Commissioner Schwartz stated that both sides of Highway 3 have significant density and doesn't support high density in that area Commissioner Powell believes the number of units could be routed through the cul -de -sac at Glendilough. He does not support a connection at Connemara or taking the access to the north. Commissioner Zum agreed with Commissioner Powell to resolve the access issues and reduce the number of units. Commissioner Schultz personally is for changing the Comprehensive Plan and agrees with the access issues raised. Ms. Lindquist suggested continuing the item to the January 24th meeting to br4 g back the access information. MOTION by Messner to continue this item to January 24, 2006. Second by Powell. Ayes: All. Nayes: None. Motion carried. EXCERPTS OF THE PLANNING COMMISSION REGULAR MEETING JANUARY 21, 2006 05 -50 -CP Rosemount Family Townhomes (CDA Project) Comp Plan Amendment, Rezoning, PUD Concept Plan and Final Development Plan and Preliminary Plat. Community Development Director Lindquist noted this item was continued from the Planning Commission meeting held January 10, 2006. Ms. Lindquist provided additional information from staff and a compilation of letters and e -mails received from Evermoor residents. Ms l indquist indicated staff had met with the Dakota County Community Development Agency (the "CDA to discuss options, but no conclusion had been reached. Ms. Lindquist responded to the list of variances stated in a flyer distributed by Evermoor 5 residents and pointed out that several of the points were not variances but allowed by ordinance or under the Planned Unit Development process. Ms. Lindquist stated a Master Development Site Plan will address many of the more detailed issues as plans are developed. Chuck Rickart, Traffic Engineer, WSB Associates, Inc. gave an overview of three alternative access plans and pointed out the advantages and disadvantages of each alternative. He indicated he preferred Alternate 2, but Alternate 1 would be feasible as well. Chairperson Messner noted the Public Hearing was closed on January 10; however, he would allow additional comments from residents. He requested those speaking to take into account this is a land use issue such as zoning, land guiding, and access. Gary Anderson, 3418 Cromwell Trail, thanked the Commissioners for allowing additional comments. He stated there were far too many vanances for this site. The master association and individual associations of Evermoor have enacted many covenants to protect the residents. He had visited six CDA developments and none of the projects were built next to smgle family residences. Gene Rusco, 3553 Couchtown Path, requested a show of hands from the audience to indicate if they are opposed the CDA development at the site near Highway 3 and Connemara Trail. The audience displayed a majonty were opposed to the project. Maureen Bartz, 13566 Crompton Court, questioned the overall appropriateness for the project to be considered a PUD. In meeting existing ordinances, she believed the variances allowed in this project exceed what should be allowed. She added that at the previous meeting it was stated the Evermoor residents should have known about the access point to the neighborhood. She agreed that anyone who researched the property should have known about the access but also would have sent eh property was zoned rural residential. Ms. Bartz noted that in Ordinance 7.2 A -1 b. a high standard of architectural and aesthetic compatibihty is required with surrounding properties to ensure that will not adversely impact the property values of the abutting properties. She stated the development does meet the ordinance requirements. Paul Essler, 13800 Claredowns Way, stated he moved to Rosemount 18 months ago and planned to install a swimming pool that required a vanance. Mr. Essler added he was told by City staff not to waste his time asking for a variance. Mr. Essler was trying to reconcile the difference between his one needed variance and the nine variances requested for this project. Marsha Regan, 13330 Cranford Circle, stated she had no problem with moderate income housing, but focused on the physical structure of the housing development. Ms. Regan had concerns with the traffic and parking impacts on the Glendalough neighborhoods. She also questioned the zoning regulations which state that for town homes a maximum of six dwellings may be attached per building except for when adjacent to R -1 zoning districts. Jay Liberacki, Development Director for U S. Homes, handed out a packet with maps and presentation notes. Mr. Liberacki showed the site in relationship to the Glendalough neighborhood. He noted that this is not a flat area of ground and pointed out the slopes on the plat. Mr. Liberacki stated the average person looking at the site and its access would not 6 have envisioned 30 town homes off the end of the cul -de -sac. He questioned where else the City would have entertained an idea like this in Rosemount. He reviewed the different access options. The first alternative would require bringing the site up to road grade. The second option has some hidden costs with the moving of a water line, lowering the pipeline and lowering the grade. The third option would allow continuity into the project. Mr. Liberacki stated a couple of weeks ago he met with the CDA in hope of arriving at a compromise where the CDA project would have its own dedicated access, not through Glendalough Mx. Liberacki would like the dedicated access idea set on the table and stated it would be cheaper than lowering the pipeline. Mr. Liberacki added he and Arcon Development are co- owners of a parcel of land at Akron and County Road 42 and would be willing to talk to the CDA about a parcel m that area. Darrell Pavelka, 3505 Couchtown Path, stated his concerns with the density change to this parcel and what effect this project, if approved, would have on the marketing of the adjacent properties to the north. He assumes those properties will also be considered for medium density residential. He stated he feels the traffic issue will become worse with the development of the other properties. Mr. Pavelka stated this project will not broaden the tax base. Scott Rohr, 3964 154th Street West, stated some people in this town want this project. Mr. Rohr stated this project is needed in Rosemount and asked people not to judge others based upon their income. Ross Allen, 13539 Crompton Court, was disappointed that the previous speaker indicated the issue seems to be about race, ethnicity or financial bearing. He stated the neighborhood concerns relate only to the land use. Commissioner Zurn asked that the variances referred to in the neighborhood flyer be addressed by City staff. Ms. Lindquist stated the flyer listed nine variances; however, the PUD process allows a development to vary from the standard ordinance requirements. In this case, the project is assessed based upon the R -2 zoning district although not held to those standards necessarily. There is a slight increase in density from that expected in the R -2 district. The ordinance requires 6 units /acre and the density is 6.25 units /acre. There is a variation from the normal garage requirements; however, there was previous discussion with the Council to allow for single stall garages in affordable housing projects. Thirdly, the variation from drainage to dram off site is not a variance and is allowed by the ordinance and this site will pay an off site pondmg fee. The change of the street access and utility easements, variation of storm water management, relaxation of setback requirements, and payment of cash rather than the normally required set aside park land are not vanances but rather typical outcomes related to development. The parking stall variance relates to the single -stall garage issue. Ms. Lindquist added the PUD process allows developers to meet the mtent of the ordinance without meeting all ordinance conditions. In staff's opinion there are mitigating circumstances relating to the plan that allow some flexibihty. Ms. Lindgmst noted one of the 10 acre exceptions for a PUD is when property is located in a transition area between different land use categories or on a collector or arterial tumor principle street as defined in the comprehensive plan. Commissioner Schultz noted that Glendalough has smaller lots then allowed by ordinance. 7 Mr. Pearson responded that Glendalough is a classic example of a PUD that had a lot of open space buffering the outer edges of the lots so the preliminary plat had a variety of lot shapes that were not the typical rectangular lots. Most of the lots are smaller, more shallow, and have reduced setbacks to allow maximum flexibility to the developer The setbacks m Glendalough are not typical of those in an R -1 distnct and a PUD allowed the flexibility. Commissioner Schultz questioned if the developer of Evermoor had the opportunity to work with the property owner to purchase the property. Ms. Lindquist stated the developer did not want to expand further due to the financial concerns. Commissioner Zum questioned who would bear the cost of lowering the pipeline Ms. Lindquist stated that it is something to be worked out between Lundgren and the CDA. It appears the pipeline will need to be lowered under several of the different access scenarios. Chairperson Messner questioned the wetland to the north and where the potential connection to the north was drawn m Mr. Rickart stated the alternative was just a concept based upon how the development could occur to the north. Mr. Libetacki asked for a change in the access design for Alternative 2 and requested the thru street be to the town homes and the turn movement into the single family Mr Liberackr added he prefers as many turns as possible to discourage short -cut traffic m the single family neighborhood. Commissioner Powell questioned the Tara Commons Court right -of -way. Ms. Lindquist stated the continuation to the east was part of the preliminary plat. Commissioner Powell noted his concern with the access to the north with the existing development and how access would be gained. He further questioned the long term disposition of the CDA project in particular if the project is owned or sold after a period of time. Mark Ulfers, Executive Director of the CDA, 3771 Denmark Trail, Eagan, stated the CDA enters into a for -profit partnership. There is a hmited partnership with a corporate partner. The last several partnerships have been with US Bank. The partnership exists for 15 years and the CDA has the option of purchasing the project. It is in the CDA's interest to own the property and they are making provisions to purchase in the future. Comirussioner Powell asked staff to compare and contrast the CDA project with the Roundstone development to visualize the future improvements. Ms. Lindquist stated the density at Roundstone is about eight units per acre and is a different housing style. The back to -back unites have access on both sides and there is more pavement area. Both projects use private drives internal to the system. Commissioner Schultz questioned if the roads will be public or private in the CDA development. Ms Lindquist stated staff is interested m having a public road system so there is a through access to the north to access all the rural residential parcels. The road from the cul -de -sac would be public and up to the north, internal roads would be pnvate similar to other townhouse projects. Commissioner Powell clarified that police and pubhc safety have reviewed the project and possess no strong objections. Ms. Lindquist stated he is correct. 8 Commissioner Zum questioned how many CDA projects abut up to single family projects. Mr. Ulfers stated the Oak Ridge project in Eagan is next to single family homes as well as having detached town homes literally on the property line. Commissioner Schwartz stated her concerns about the access and density issues. She added the recent City survey stated residents moved to Rosemount for the small town atmosphere and that the overwhelming opinion of tax payers should be taken into consideration. Commissioner Schultz asked Pohce Chief Kalstabakken to discuss crime considering the flyers circulated in the neighborhood stating this was an issue. Pohce Chief Kalstabakken noted that general comments are not only from the Rosemount Pohce Depati but are also from other pohce departments throughout Dakota County. The CDA is regarded as a very responsible property manager. The CDA is concerned with the long -term out come of their projects. The CDA is reactive to tenant and police issues brought to their attention and does not focus on turning out a profit on their projects. Mr. Kalstabakken referred the Commission to the 20 unit townhouse project located at 145th and Biscayne and noted it is not a problem property. The pohce department does track the problematic properties m the City. The CDA has the lower average of calls for service. A woman m audience questioned if the crime report was compared to single family or rental. Police Chief Kalstabakken noted his comparison was against other rental projects in the City. He listed the different variables that may cause the information to be distorted for rental projects. Chairperson Messner stated he viewed this site as being suited for town home or medium density development based upon the location subject to working out access issues. In his mind, there is not a clear indication whether Alternative 1 or 2 would be a preferred access solution. Between the two concepts, one of the alternatives will work out given the number of units and traffic projections. MOTION by Messner to recommend that the City Council adopt an amendment to the Comprehensive Plan changing the land use designation for the site from Transition Residential to Urban Residential subject to approval by the Metropohtan Council. Second by Schultz. Ayes: Schultz, Zurn, Messner, and Powell. Nays: Schwartz. Motion approved 4 -1. MOTION by Messner to recommend that the City Council adopt an ordinance rezoning the site from Rural Residential to R -2, Moderate Density Residential PUD. Second by Schultz. Commissioner Powell stated based on the surrounding land uses, medium density zoning is appropriate and the access issue previously raised has been significantly addressed and he could support the remaining actions. Ayes: Schultz, Zurn, Messner, and Powell. Nays: Schwartz. Motion approved 4 -1. 9 Commissioner Powell is comfortable with the access alternatives presented but hesitates to handcuff future discussions by going with a specific alternative. MOTION by Powell to recommend that the City Council approve the prehmuiary plat subject to: 1. Dedication of right -of -way for the public street consistent with access alternative 1 or 2 as found m the WSB traffic study and in conformance with local street design requirements. 2. Dedication of appropriate drainage and utility easement subject to approval by the City Engineer. 3. Approval by the Minnesota Department of Transportation as needed. 4. Conformance with the requirements for final plat including execution of a subdivision development agreement as needed for installation of public infrastructure. Second by Schultz. Ayes: Schultz, Zurn, Messner, and Powell. Nays: Schwartz. Motion approved 4 -1. MOTION by Powell to recommend that the City Council approve the Planned Unit Development Concept subject to: 1. Approval of the Comprehensive Plan Amendment from Rural Residential to Urban Residential by the Metropolitan Council. 2. Final development of the parcel is contingent of City approval of a site plan, PUD Master Development Plan and execution of a PUD agreement. 3. Incorporation of recommendations of the City Engineer regarding drainage, easements, grading, storm water management and utilities including: The street entering the development shall be public and located within a 60 ft. right -of way and included on the plat. The applicant shall secure all permits agreements necessary for the proposed crossing or grading of the pipeline easements. The applicant will grade the future northern road connection as part of their project and provide a cash deposit to the City to pay for its future construction. No parking will be permitted on the streets and turning radius information shall be provided subject to approval by the Fire Marshal Additional storm water management detail is required including: a. Infiltration calculations. b. Outlet elevations from ponds and control structures as noted. c. Maintenance plan for the ram gardens. Payment of connection and trunk fees required. 4. Park dedication in the form of cash m lieu of land in the amount of $90,000. (30 units x $3,000 per unit) based upon the 2005 fee schedule. 5. Approval and receipt of permits from the Minnesota Department of Transportation as needed. 6. Seventeen common parking spaces shall be provided, based upon 15 for the 30 units and 2 for the office. 7. The applicant provide at a minimum, a setback of 20 feet between the units and the private streets which will be sufficient for driveway parking. This 10 requirement is in recognition of the single still garages proposed for the individual units. 8. The northwest building must be re- oriented to create a more acceptable setback to the anticipated public street right -of -way, as well as increase the distance to the southerly building cluster inside the street loop. 9. Additional screening landscaping shall be mstalled along the Highway 3 right of -way and along the western edge of the development, including both coniferous and deciduous trees and shrubs. 10. The Scotch Pines specified in the landscaping plan shall be relocated elsewhere on the site, and conformance with sight tnangle standards for visibility at intersections will be required for all public and private intersections within the development. 11. The applicant provide an acceptable public street access to the site consistent with alternative 1 or 2 as defined in the WSB traffic study 12. The apphcant obtain final building elevation approval including brick detailing on the front facades. Second by Schultz. Ayes: Schultz, Zurn, Messner, and Powell. Nays: Schwartz. Motion approved 4-1. Ms. Lindquist indicated this item will be on the February 7, 2006 City Council Agenda. EXCERPTS OF THE ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 7, 2006 Dakota County Community Development Agency Comprehensive Plan Amendment, Rezoning, PUD Master Plan and Preliminary Plat for Rosemount Family Housing, Planning Cases 05- 50 -CP, 05- 51 -RZ, 05 -52 PUD, 05 -53 PP Community Development Director Lindquist gave a review of the affordable housing plan proposed by the Dakota County Community Development Agency (CDA). The location is the northwest corner of Highway 3 and Connemara Trail. Ms. Lindquist reported the buildable site is 4 8 acres and a 30 -unit townhouse development is proposed. The Planning Commission majority supported the concept because it is a transition area between Highway 3 and single family residential. City Engineer Brotzler explained three street alignment options to provide access to the townhome development. All options would include a pubhc street to the north connecting nd with 132 Court: Option 1 Access: Allow a future street through the Glendalough neighborhood connecting to the cul -de -sac at Tara Commons Court. Option 2 Access: Access to Connemara Trail from Tara Commons Court, connecting to the townhome project eliminating the cul -de -sac. Option 3 Access: A separate access street onto Connemara Trail opposite to the entry to Schwartz Pond Park and the Sports Dome. Mr. Brotzler stated that staff does not support Option 3. Ms. Lindquist recapped the public hearings where the public comments addressed concerns for access, density, crime, and the quality of the project. Ms. Lindquist noted that a flyer circulated by Evermoor residents spoke of nine vanances for this project, however, because this development is a Planned Unit Development (PUD) these modifications are not 11 considered variances. Ms. Lindquist commented on each point of the Evermoor flyer. She pointed out that the Evermoor development was also a PUD and had incorporated many of these same issues into its development Staff recommends reguiding the property to Urban Residential, rezoning to R -2 PUD, Preliminary Plat approval and approval of the PUD Concept Plan. The CDA development must have a master development plan review also which will require another public hearing and Planning Commission and City Council approval. Mayor Droste pointed out that the public hearing requirements had been met, however, he would allow short statements by the public following City Council's clarification questions. Council Member DeBettigmes questioned if the proposed streets had room for a fire truck turn- around Ms. Lindquist reported that the Fire Marshal had not reviewed the various options but the pubhc streets would meet all City standards. Council Member Sterner inquired if the Parks and Recreation Commission had reviewed the project for trails. Ms. Lmdgtust stated there were no trails requested for this project. Mr. DeBettignies inquired about the density of the project. Ms Lindquist stated that R -2 zoning allows for 6 units per acre and this project has 5.3 units per acre gross and 6 25 net. Mr. Sterner inquired about densities in other housing projects. Ms. Lindquist reported the following: Roundstone 8.7 units per acre GlenRose 7.6 units per acre Harmony 6.2 units per acre Bards Crossing 14 2 units per acre Rosemount Woods 3 4 units per acre Council Member Shoe Corrigan inquired what the density was in Glendalough which is R -1. Ms. Lindquist noted Glendalough is single family which would be 2 to 2.5 units per acre, however, she did not have the density of Glendalough. Attorney VanCleve repotted later in the meeting that the Glendalough density is 2 units per acre. Executive Director of the Dakota County CDA, Mark Ulfers, stated that one of the goals of the CDA is to provide high quality housing at an affordable price for those with modest incomes He emphasized that this is not Section 8 type housing for extremely low income households, but for those families with incomes up to $46,000. Mr. Ulfers pointed out that this aids in job creation in retail and restaurant areas. He stated the CDA has fourteen housing projects m Dakota County. Mr. Ulfers said the architect Mr Kim, received an award for the design m Lakeville as the best new affordable housing. Mr. Sterner inquired as to how large a family would be allowed in a unit. Mr. Ulfers said there a two and three bedroom units which would allow two to six member families Mr. Ulfers commented that applicants are screened for cnmmal history, credit history, landlord references, and income verification. The CDA received 400 applicants for the last townhome project that opened. Mr. DeBettignies inquired about Metropohtan Council's efforts to increase the number of affordable units in the Metro Area. Mr. Ulfers did not have stansttcs on this but stated the goals have been hindered by land availability with expensive land costs and reduced funding from federal and state sources. Mayor Droste noted that m 2002 Metropolitan Council reported that Rosemount had 534 units of family rental housing. Mayor Droste opened the meeting for pubhc comment. 12 Kevin Strayton, 14335 Cormorant Way, stated he had been a resident for ten years and this was the first time he was disturbed by community comments. Mr. Strayton was concerned that Rosemount could not offer affordable homes for the young people raised here. Mr. Strayton visited Lakeville's CDA project and talked with Lakeville police. All comments were very positive and he could see no reason to deny this project. Scott Rohr, 3964 154th Street West, was in favor of this project. Mr. Rohr stated Rosemount is a great community with the best parks, a community center, a soon to come library, and great schools. He did not believe neighborhood covenants should control development. Kevin Carroll, 3325 147th Street West, stated he was troubled by what was in the newspapers. He noted this was an emotional issue for those who believed their home values were in jeopardy. Mr. Carroll stressed it is important to look at the facts. He summarized that the residents focused on increase in crime and lower aesthetics standards. Mr. Carroll visited nine of the CDA projects and then contacted residents that lived by three of the projects. Mr. Carroll stated that not a single person told him they had any complaints about a current CDA project. Mr. Carroll spoke about the progress in Rosemount and how some proposed projects had caused apprehension that now has been dispelled. Mr. Carroll strongly supported the work force housing for residents of Rosemount. He urged City Council to move forward with this project. Maureen Bartz, 13566 Crompton Court, stated she had studied the zoning ordinance and the 2020 Comprehensive Guide Plan for Rosemount. Ms. Bart questioned why this project is using a Planned Unit Development (PUD) process when it is not listed in the R- 2 District. Mayor Droste noted response to questions will be addressed following the comment period. Tracy Dougherty, 12370 Blanca Avenue, stated she has lived in Rosemount since 1973. She stated she is in favor of this type of housing but believed that it should be within walking distance of city services and retail stores. Ms. Dougherty explained she researched the bus system and found it would take over two hours to get to downtown St. Paul and there is a ten -block walk to get to the bus stop. Ms. Dougherty stated she was not in favor of the location of this project. Dean Smith, 13542 Crompton Court, stated he was in opposition to this project. Mr. Anderson stated that residents have become disengaged by the City process due to the impression that this project was a "done deal." He urged Council to change the process to keep it more positive. He thanked City Council for their volunteerism. Gary Van Cleve, 7900 Xerxes Avenue South, Suite 1500, Minneapolis, from the Larkin Hoffman Law firm, representing Lundgren Brothers, addressed access to the site. He pointed out the cul -de -sac is included on the approved preliminary plat and he noted it had been suggested that future development may allow access through the cud -de -sac. Mr. VanCleve stated it was never envisioned that 30 units would be moving traffic through the Glendalough residential neighborhood. He stated the increased traffic flow 13 would not be welcomed nor considered good land use planning and land use management. Mr. Van Cleve stated Option 2 granting access through the Lundgren development would likely involve additional expense and about 14 feet of fill. He commented that Option 3, with a separate access point, makes four lots in Glendalough undevelopable, which is not acceptable. Mr. Van Cleve presented two other options for road alignment with a private road to the north. Mr. Van Cleve stated he and his clients support the project but would suggest exploring other access options. Dave Bruins, 4310 West 153rd Street, stated neighbors have seen a lot of development changes for expanding housing. It is important to bring more people into the community with a wide variety of housing changes. This is within walking distance of many good things, schools from 0 -12. He fully supports this project. Paul Essler, 13800 Clare Downs Way, stated he is opposed to this project due to land use and precedent. Mr. Essler noted he develops land in northern Minnesota and understands the land requirements and the developers needs. He acknowledged variances are the right of government to allow for. He pointed out the City does not want a law suit from the opposition or the developer. Mr. Essler noted he had requested a two -foot encroachment into an easement on the back of his lot. Mr. Essler explained that staff did not support the variance due to the concern over setting a precedent. Mr. Essler asked City Council to consider how a court of law would rule on this. Gene Rusco, 3553 Couchtown Path, reported at the last meeting the audience was asked to restrict comments to land issues. Mr. Rusko noted that an alternate site had been offered by another developer at the last meeting which he felt should be considered. Marian Brown, 7754 142nd Street West, Apple Valley, commented she did not like hearing "these people and those people" labels by residents. Ms. Brown noted how in the past she could not find affordable housing in Rosemount. She noted she purchased a home in Apple Valley although wanting one in Rosemount and she considered herself as one of "those people." Ross Allen, 13539 Crompton Court, believed this is not about socio economic standing. Mr. Allen liked the small to feel of Rosemount and enjoys his neighborhood. Mr. Allen stated the location for this affordable housing is not beneficial for those who might live there or the neighbors. Jim Corrigan, 12990 Shannon Parkway, stated he supported the townhome development and looked forward to the new residents who will be an asset to Rosemount. He also commented that he appreciated all those who spoke and the conciliatory tone applied. Mayor Droste stated that there will be another public hearing in the future He thanked everyone who addressed City Council. He noted that often project detail is determined before the public hearing and this can leave the perception it is a done deal. However, Mr. Droste stated that he has seen projects voted down, so it does happen that plans are changed. Mr. Droste stated he agreed that bus service does not have adequate ridership to increase services. The Robert Street Corridor is being considered for future improvements. 14 Ms. Lindquist addressed the Planned Unit Development (PUD) which allows other permitted uses. The Ordinance allows three uses under the R2 district that must be used with a PUD. There are also permitted uses like single attached housing which can be used with a PUD, but don't have to use a PUD. Mr. Baxter inquired why this one qualifies. Ms. Lindquist stated it is in a transitional area next to an arterial street which qualifies it for a PUD. Ms. Lindquist noted that City Engineer Brotzler reported that a right -in and right -out access as in Option 3 would not be desirable and staff has not yet examined closure of the second access from Glendalough and if this configuration could serve the entire neighborhood. Ms. Lindquist also stated that Option 3 would also be expensive due to the need to lower a pipe line. She stated there is no technical reason to support Option 3 and it would not be policy to have two streets so near each other just to create a barrier between developments. Ms. Lindquist noted design standards for local streets are 600 to 1000 trips per day. Ms. Lindquist responded to Attorney Van Cleve that the driveways to the south are all private roads and the curves do not meet the public road standards. Council Member Shoe Corrigan asked for clarification on the access and the need to prevent any parcels to be land locked. She noted the Comprehensive Guide Plan guides the property Transition Residential which means there is a potential of medium density. Ms. Shoe Corrigan pointed out the developer of Glendalough had access to this information. Council Member DeBettignies stated that each resident will have 2 -1/2 parking spaces. Ms. Lindquist stated there are 17 extra parking stalls for visitors and room for one car in a single garage and one parked in the driveway. Ms. Shoe-Corrigan inquired about the trails and Ms. Lindquist said there are no trails within the affordable townhome development; however, the residents will have the same access to regional trails around the area. Ms. Shoe-Corrigan directed a question to the City Attorney regarding a developer that offered a new site. City Attorney LeFevere said the applicant has the right to be addressed under the current application. An offer on another parcel is irrelevant to this proceeding. Ms. Shoe Corrigan inquired if the City Council's decision could stand before a court. Mr. LeFevere said that for rezoning and Comprehensive Guide Plan issues the courts will defer to the local government and apply City regulations to lot layout and subdivision regulations. Mayor Droste commented also on the site offered by a developer and stated that it is located beyond the MUSA line and would not be available for sometime. Staff and the Council have held to the City regulations and he stated he was in favor of the project. Mr. DeBettignies stated he appreciates all the e-mails and messages. The City is compliant within the guidelines allowed by law. Ms. Lindquist stated the same question came up at the Planning Commission meeting and that all regulations were complied with on notice requirements. She noted that in addition to the public hearing notice a sign was 15 placed on the site to alert residents of the public hearing. Mr. Verbrugge emphasized the City has set a higher standard by going beyond the requirements by law. Mr. DeBettignies stated that taxes should be a moot issue because everyone does pay taxes. Mayor Droste encouraged residents to serve the community by considering applying for any of the four openings now on city commissions. Mr. Droste noted the 2020 Comprehensive Guide Plan was developed five years ago and soon the 2030 plan process will begin He encouraged residents to get involved. Council Member Baxter stated he favors approval for the Rosemount Family Housing. He commended the audience for their interest in city government. He noted he favors the concept and the diversity it offers the city. Mr. Baxter was delighted to have the opportunity to have a partnership with the CDA who is a great landlord. He continued by stating it is good to have transitional housing for many people who are the fabric of the community. He also said it is consistent with his personal beliefs not to judge people by the amount of money they make And, this affordable housing is consistent with the development goals of Rosemount and it makes sense from a development standpoint. Mr. Baxter did not believe people were disengaged with this process. Mr. Baxter explained that the perception might be that Council has not given enough consideration to a project, but in fact, most issues have been addressed at Council Work Sessions, then it goes to Planning Commission and then it comes back to Council. There is a lot of information gathered and staff has no hidden agenda with these issues and the goals and objectives of Council are upheld. Mr. Baxter stated he had read all the e -mails and comments which had concerns with property values. He researched the 2002 Maxfield Research Inc. document which reported no decrease in property values with CDA townhome projects. Mr. Baxter said Council will continue to work on access issues. He noted the job of government should be to find if it fits the law, does it benefit the community, and then let the private land owners and developers decide what they are willing to do. Mr. DeBettignies reported the Maxfield Research Inc. report is available at www.fhfund.org for those who wish to verify the facts. Ms. Shoe Corrigan commented that she would not want any citizens to become disengaged from the public process. She noted she is a social studies school teacher and tries to further the ideals of participating in local government. The City Council represents everyone in the community and you can't always base a decision on the vocal minority. She has discovered that what implements change is usually based on personal experience and there is a great need for affordable housing. Ms. Shoe Corrigan stated she believes approval of this project is the right thing to do and favors the recommended motions. Council Member Sterner was in favor of this affordable housing. Mr. Sterner related how affordable housing had helped a friend save for his first home and he later became a successful business man. Mayor Droste reviewed the location and how transitional housing is the right selection for this site. Mr. Droste recalled how bus tours helped to determine the senior housing on 16 Cameo Avenue in 1995 and how families were not in favor of the project at first. Mr. Droste stated that since that time, no residents have complained about that CDA project. Mr. DeBettignies thanked everyone in the audience for expressing their opinions. He noted there will be an opportunity to run for office for three City Council positions in November. Mr. Baxter thanked the Planning Commission for their hard work on this project to aid City Council. Motion by Baxter. Second by Shoe Corrigan. Motion to adopt a resolution approving the Comprehensive Plan changing the land use designation for the site from Transition Residential to Urban Residential subject to approval by the Metropohtan Council and rezoning of the site from Rural Residential to R -2, Moderate Density Residential PUD. Ayes: 5. Nays: 0. Motion carried. Motion by Baxter. Second by Shoe Corrigan. Motion to adopt an ordinance rezoning the site from Rural Residential to R -2, Moderate Density Residential PUD. Ayes: 5. Nays: 0. Motion carried. Motion by DeBettigmes. Second by Sterner. Motion to adopt a resolution approving the preliminary plat, subject to conditions. Ayes: 5. Nays: 0. Motion carried. Motion by Shoe Corrigan. Second by DeBettignies. Motion to adopt a resolution approving the Planned Unit Development Concept, subject to conditions. Mr. Sterner commented that he would hke Parks Recreation Commission to review conditions 9. and 10. for additional landscaping and trails. Ms. Lindquist said the process allows for another pubhc hearing and review by the Parks Recreation Commission and Planning Commission. Ayes: 5. Nays: 0. Motion carried. 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