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Home My WebLink About6.i. Evermoor Innisfree 2nd Addition Final Plat and Minor PUD Amendment - ConsentCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: July 20, 2004 AGENDA ITEM: Evermoor Innisfree 2" Addition AGENDA SECTION: Minor PUD Amendment & Final Plat` Consent PREPARED BY: Jason Lindahl, A.I.C.P. Assistant City Planner GEND NO. • ATTACHMENTS: Draft Resolution, Location Map, Final Plat APPROVED BY: Reductions & Elevations, PUD Amendment Agreement, Preliminary Plat, Preliminary Plat & Final PUD Resolution, PC Minutes 6/22/04, CC Minutes 5/16/00.PC Minutes 4/11/00, RECOMMENDED ACTION: Motion to adopt a resolution approving the final plat and minor Planned Unit Development (PUD) amendmant for Evermoor Innisfree 2 nd Addition. ISSUE BACKGROUND Applicant &Property Owner(s): Contractor Property Developers Company (CPDC) .Location: North of Evermoor Parkway,. West of Danube Lane, East of , Diamond Path. Number of Lots /units: 3 Detached Townhome Lots. _ Current Zoning: R -1, Low Density &.Evermoor PUD Planning Commission Action: Recommendation of Approval SUMMARY The applicant, Contractor Property Developers Company (CPDC), requests minor planned unit development .(PUD)amendment and final plat approvals for Innisfree 2 nd Addition. The original. preliminary plat for this section of Evermoor planned for twin . home units throughout Innisfree. Accordingly, the subject property was to contain two twin home buildings totaling four units. However as final. plats were formulated for this section of Evermoor, the developer revised the plans to accommodate detached townhomes (see PUD Amendment 10/24/00 attached). 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NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the minor PUD Amendment and the Final Plat for Evermoor Innisfree 2 nd Addition, subject to: 1. Recording of cross - access and maintenance agreements for the shared driveway in a form acceptable to the City Attorney. 2. Payment of all other development associated fees in conformance with the current fee schedule including, but not limited to, G.I.S., Storm Water Access, and Trunk Water and Sewer Access Charges. 3. Conformance with all requirements of the City Engineer including: a. Payment of GIS fees in the amount of $165.00 RESOLUTION 2004 - b. Payment of Storm Sewer Trunk Area Charges (STAC) in the amount of $5,307.00. c. Developer shall supply a separate letter of credit to the City in the amount of $10,000 for developer improvements. d. Developer shall supply a separate letter of credit to thee City in the amount of $3,000 for landscaping improvements. e. The Developer is on the Notice that the builder will be required to pay for the Subject Property thee fees, charges and assessments in effect at the time of issuance of building permits. 4. Dedication of a trail easement northwest of the proposed lots for the previously installed trail. ADOPTED this twentieth day of July, 2004 by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Second by: Voted in favor: Voted against: Member absent: 2 a O )TE Dimensions rounded to nearest foot. PLAT NAME: W ENSMANN 8TH ADDITION (PT CIC #150) TAX DESCRIPTION: CIC #150 EVERLEIGH PARK )pyright2004, Dakota County • TOWNHOMES LOT 23 BLK 1 & INT ATTRIBUTABLE TO COMMON its drawing is neither a legally recorded map nor a survey and is not Intended to be used as one. AREA KNOWN AS LOTS 52 THRU its drawing is a compilation of records, information and data located in various city, county, and 55 BLK 1 ate offices and other sources, affecting the area shown, and is to be used for reference purposes 23 1 dy. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are ind, please contact Dakota County Survey and Land Information Department. —11-- h— 4 e 13nne 0 -1. 1 1—w-1• AA0004 Aerial Photooraohv: 2003 1 0 SITE MAP ROPERTY ID NUMBER: 34- 83607 -230 -01 2004 ESTIMATED MARKET VALUES (PAYABLE 2005) 2004 BUILDING INFORMATION (PAYABLE 2005): EE OWNER: MERLE MAE MAURER LAND: 28,600 LOT SIZE (EXCLUDES TYPE YEAR BUILT TOWNHOUSE 1996 15112 EVERLEIGH CIR BUILDING: 129,900 ROAD EASEMENTS) ARCHISTYLE ONE STORY ROSEMOUNT MN 55068 -5524 TOTAL: 158,500 3,508 SO FT FOUNDATION SO FT 1540 ROPERTY ADDRESS: 15112 EVERLEIGH CIR SCHOOL DISTRICT: 196 0.08 ACRES FINISHED SO FT BEDROOMS 1540 2 ROSEMOUNT MN 55068 LOCATION: SWIM NW114 SECTION 31- 115 -19 BATHS 1.75 FRAME WOOD AYABLE 2004 TAXES PAYABLE 2005 HOMESTEAD STATUS: FULL HOMESTEAD GARAGE SO FT 484 ET TAX: 1,782.22 OTHER GARAGE MISC BLDG PECIAL ASSESSMENTS: 0.00 WATERSHED DISTRICT: VERMILLION RIVER OTAL TAX & SA: 1,782.22 NEW CONSTRUCTION SALE: AYABLE 2005 ASMNT USAGE:RESIDENTIAL- TOWNHOUSE DATE: 611997 AMOUNT: 134,030 a O )TE Dimensions rounded to nearest foot. PLAT NAME: W ENSMANN 8TH ADDITION (PT CIC #150) TAX DESCRIPTION: CIC #150 EVERLEIGH PARK )pyright2004, Dakota County • TOWNHOMES LOT 23 BLK 1 & INT ATTRIBUTABLE TO COMMON its drawing is neither a legally recorded map nor a survey and is not Intended to be used as one. AREA KNOWN AS LOTS 52 THRU its drawing is a compilation of records, information and data located in various city, county, and 55 BLK 1 ate offices and other sources, affecting the area shown, and is to be used for reference purposes 23 1 dy. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are ind, please contact Dakota County Survey and Land Information Department. —11-- h— 4 e 13nne 0 -1. 1 1—w-1• AA0004 Aerial Photooraohv: 2003 1 0 j I lrwl ". M D» Nr IIA .be IS DDa IIS DDa ID I •` ----- NOD 19A 73 rn - -` - -- a 3•. N I ;_ V 3 if` r 1 4 I Mai e $; ` i-Je o AS2a I F 6M Ids � ._. P ° Yee . R a 1 I— n 4• Est i � Z7 tom" ss z t4� M 9 1 � °i l s H 4 41 lit Si a - 430 n �xx a a e� 3s s a' a3 4 jze a O n g, t 9 rt t o@ woe t n \, p ' n p �na n 'in 2 t tm n� a c�L °O ; : ffi . n nl. ; (4 °� - � -� c 3't' ° Q lit P �'• g roP �� 04 � # a j �� P �fi o °4 `i� s ' � 'N � :� 4 0 4.. 9 9 J• , c P' e. 8Z'9Ll M .li,L9eZ0 N ' s: I 6M Ids � ._. P ° Yee . R 4S a 3 r — �aD'u7D•E is v svo! � cl L CI >SK i i MAY 19 2004 By F3G3° wMRmdPm /xrpd 4rJe1 r... _. -. ooNESnc 1 SMNTARY STIC. WA" . SEAN �" - -' {7+17 1. I i � / \ \\ • �, �. � M a Hl 41 SG Westwoo Pfda Evermoor ssi"I SE(iM4 hE. �= y •� - ae mw. �^P••tl � I Ever a 2nd I ,7C Contractors Property Developers Company Addition or°'g' Drainage and I • - I 7w N-M d owd, w. m9 Erosion Control Plan A.ww°aar, Amne.F° I 0 GOPHER SI ONE CALL / GENExAI. GRANNG 4 QRAMA- �� ooNESnc 1 SMNTARY STIC. WA" . SEAN �" - -' {7+17 1. I i � / \ \\ • �, �. � M a Hl 41 SG Westwoo Pfda Evermoor ssi"I SE(iM4 hE. �= y •� - ae mw. �^P••tl � I Ever a 2nd I ,7C Contractors Property Developers Company Addition or°'g' Drainage and I • - I 7w N-M d owd, w. m9 Erosion Control Plan A.ww°aar, Amne.F° I 0 GENExAI. GRANNG 4 QRAMA- �� / /. / •aNlpAf uOO1161MlNMiA1m .M }lop N •feel .IITAO/a1Rp WSnNG TREE NNE � . xpaiiN. s>i Aw u fp1rm .amour / p[ 1oN°Aeroll YNLL voR Trt toeAlaN I No Amr v mn1° i E105I41G 1RAll pNT6 p° 1nooAxfGl xN Ile fen -vfArt r xmsv n[ � SRT FENCE waNm oFMR° p vNanwi ApRM. {tvP.) � � •+A°o•rp °ew :lm Malt aA6a raNe: aWasc xmm / � I WN w NO Npxn[ u°pm a xA� AwA° pA4 °[ s°sm 1 1 L � ? �i¢r. aArnwe p rwa llmmr ea alweaavwe ALL opxxx°p pNl aMp° A lnc/L xop �r •romK aa.a°°mpraaWleapatio n rn / I -� ® / / /. lH4S9N_fANW0. NOTES Mx aeno. pAUCt I IA I 10 N ly { •r�wnx / N05nNG � � . I �.� 1 al we °u x.m 1O r�� a � �aa�rvxs I Fn�im� PARKING LOT RG 1 .rua v ri ma�rma'rm a w 6 ¢tawpmn S me REMOVED I SY ' / 951.7. ' nL A M min°i.e�r. ac. wa.en n »c atv wu rt _ •ALL fM°D! CRexp aWF° Fora Mole loJr o aLMef Ai H M r —&I � �� ° m d w xm�i ¢ d e�wr ° wm�ni snl�¢ I R ' ooNESnc 1 SMNTARY STIC. WA" . SEAN �" - -' {7+17 1. I i � / \ \\ • �, �. � M a Hl 41 SG Westwoo Pfda Evermoor ssi"I SE(iM4 hE. �= y •� - ae mw. �^P••tl � I Ever a 2nd I ,7C Contractors Property Developers Company Addition or°'g' Drainage and I • - I 7w N-M d owd, w. m9 Erosion Control Plan A.ww°aar, Amne.F° I 0 E r LEMU • ® AT Wt� ` +� *RMOOR PARKWAY DATE tEVmara j I I ALA REA 2645sosT. PRO.ECT: EVERMOOfl TWO ADMON "ET AMx 2 ..m @v+Em wraow Aoom rATm •Y -r ,AODEL PE AOOTN [ LOT eLM Q SCALE 3/16' a r -o' DATE 08 ,.•-o ,r -r OARAff AREA 622 smo . mm BY JLs tmE ,- ......r — w u BY --- ... . L. , 6_r 3160 -3 ° /IG' AN S' . /K' AWNINC ELOW - 2-1 V7• ML. HDR WA uq u E � u D ti fECF 5 SOLARIUM N ; Q r ' g JO- 7Y- J666 - I • D y A EN SEWD„ED AABOVE ° 3 -1 1/2 11L. HDR � �u p' STD FD ./,0' TRANS I 1Q000� • » no . Z -11/1' ML. HDR. D mD snxn.a t GREAT ROOM ° Eq 4 -:�J✓ 11• -O• CLG. HT o I� BEDROOM o n ' s • D W 4 .. DININ. 1 A a , 5•_0' 3 . -6 ' NEC vax LAY ON I ``I . _ t F OYER. rjj IlW 4* _ , 1 i rq SS v W.I.C..j �" • TUB Fi0. 3 -4 1/8• ML. NDR. 4450W ,6" TRANS - •-• ° 7 -1 1 /2' L. HDR p : - H a iRANS 2050W/ f -r 5" r -r I r -r 16" TRA r -B S Z'-6' .L � 4 � 4 . AIOIIT IDAD W6 a ° a 31 von ° UP Bdl @D POS ' K ON IOdO BID BASE ' xao b f -6' 6' -10' 2 ' -A' I I tr -r DOOR 91A11 BE A �1 3EIF- 40'9NC 70-LMN - f : ' ♦ ' RA1E0/LA3ELED 1'SIE : 9 4 SA' TYPE -A b § ♦ WALL MAD CO,wa1 N CLO _ 9 - TAPE ALL .MIMES ALL DtT. WALLS GARAGE ON ML .{ (�L ILOPE TO M b 6- ' MAY 1 2 4 f R tr Ct 9 . Y 9 1 /A NM C -LAY w b2Ato „OR t ._p. Z6 , RP5. DATE tEVmara I -,.by ..T111y th.t thl. phn• .p.olfk.tlora m raporl w.. Pgrr•d by R. antl.r .y dk•e1 11* Iden and 1 I n •duly R.gl Mr.d Ar.Ht•e1 under 1M K I fM S61• s1 Mlnn.rol• 9g»d I I ALA REA 2645sosT. PRO.ECT: EVERMOOfl TWO ADMON "ET AMx 2 ..m @v+Em wraow Aoom rATm 182 SOFT. 1829 80.FT. ,AODEL PE AOOTN [ LOT eLM Q SCALE 3/16' a r -o' DATE 08 OARAff AREA 622 smo . mm BY JLs tmE ,- ......r — w u BY --- ... . L. , ON � 6" x3 POST L r- J L — J I taro ItDE. , O N 8"E" x12" � — � \ ta I \ Co„c PAO b PA7Ta of OPT. t -. 1 a d i BAR I; 6• „ T I I' � I 4 ,_ T e ._ Y a _S" o I { r — — — — j I i _ I L — — — — — — I i I r 7 -3,dO FIDR 2. HOR _ T J I 1 , I r---- - - - -_- -2X10 HDR I � tq ) g p R R . M OPT. ENT. aR OPT.GAS F.PL. OPT. ENT CTR. L' -O• D.F. rim -3 -9 13• ML. NOR j) l i -r - ----- j ----- - - - - -- 1 VENT SN. I TRUSSES 1 i I I I lYr" M0. POST I• Z 1 . m L i i r: _ I i 1 x-PLr n T/C Exaa -LAw ,rw I STORAGE * I L ----- - -- - -- I VENT SN. 0 I I ' y I I I--- - - -- -- tE' M I NAND PRANED I POe DAY ABOVE I 1 i UNEXCAVATEO 1 I i I I 1 t-- — — - — — — — — — — — — — � i i -- — -- - -- J----- --------- - - - --J 1 -- — — — . - - — I --- ---- ---- - - - --- - - -- I I � r,mta:troR fAEA6C 1 g 1 I I I I I i , I I I UNEXCAVATED I NOTE: " ADD 4 BRICK L i f I LEDGE AS REQ'D I I 1 1 r 1 I g NOTE: I 9' -Orr POURED _, I g 4 I CONC. FDTN.WALLS I W /SINGLE PLATE I D I I I 1 M g y 1 Z�04 1 I , g L— _— ___ — - - - ---- L - - - -- Y-Y r-Y b DATE iErm.r• I hxab ex,Hy 1M1 IM.Mn TOTAL AxEw raaECr: EVERMOOR SHEET Na .tN.i AOD IK TD O.FAOE .p..iN..1bn, er - rpert - 1798 �M• TNFD AO@DON M► urdx m dk.cl � _. _. r 61en and IMt 1 .m i duly - FN19ED, �a,R. �AD"" . � a N.d tx.d A,.Mt..t Nw.r tM 1315 ep.FT. t.PN.t ft. st.t..1 NErrh•.et. us aDEx SCALE 3/16' _-_r-o' DATE 0819,02 PLANNED UNIT DEVELOPMENT AMENDMENT AGREEMENT EVERMOOR THIS AGREEMENT dated this 2 --y 1 day of " -2000, by and between the City of Rosemount, Minnesota, a Municipal corporation (hereinafter "City ") and Contractor Property Developers Corporation, a Minnesota corporation, having the address of 7100 Northland Circle, Suite 108, Minneapolis, MN 55428, (the "Developer "). WHEREAS, the Developer is the owner of the real property legally described as: Outlot D and Outlot F, Evermoor, Dakota County, Minnesota attached hereto and made apart hereof (hereinafter referred to as the "Subject Property" and, WHEREAS, the Subject Property is being developed for residential use under a planned unit development pursuant to the ordinances of the City and, in connection therewith, has been made subject to an agreement entitled "Planned Unit Development Agreement" dated June 20, 2000 by and between the City and the Developer (hereinafter the "PUD Agreement "); ands WHEREAS, application has been made to the City for an amendment to the Planned Unit Development for the Subject Property for plan revisions of the Innisfree neighborhood; and, WHEREAS, the Developer desires to make certain revisions to the portions of the PUD as described herein, that will not have an adverse impact on public health, safety or welfare, without which assurances and agreements the amendment of the planned unit development agreement would not be approved by the City; and, WHEREAS, the City has approved the PUD Amendment on the basis of a determination by the City Council of the City that such PUD Amendment is acceptable only be reason of the details of Developer's development proposal as described in the PUD Amendment Agreement and the unique land use characteristics of the proposed use of the Subject Property; and but for such details of the Development proposal and unique land use characteristics of such proposed use, the PUD Amendment would not have been approved. NOW, THEREFORE, on the basis of the PUD Agreement and mutual covenants and agreements hereinafter set forth it is agreed that the PUD Agreement as it relates to the Subject property is amended as follows: 1. The Planned Unit Development Agreement provides and allows for an amendment of the planned unit development on the Subject Property to allow the modifications to housing types and front yard setbacks in the Innisfree neighborhood subject to the following terms and conditions. Park Dedication. Rear yards of lots adjacent to the park have a minimum setback of 15 feet as indicated by the Development Plan. Rear decks may be setback five (5) feet from the rear property line, but shall not encroach into any easement. 4. ADMINISTRATIVE PROVISIONS The administrative proN - lions of the Planned Unit Development Agreement Evermoor dated June 20, 2000 remain in full force and effect relative to this amendment agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands to day and year first above written. CITY OF R SEMOUNT By: athy Bus , Mayor r By r, Linda Jentink, C C erk CONTRACTOR PROPERTY DEVELOPERS COMPANY By: ilY Omer Tompkins III, President STATE OF MINNESOTA ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this Zy � ay of (964 6 `e-+ ; 2000 by Cathy Busho, Mayor, and Linda Jentink, City Clerk of the City of Rosemount, a -Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. A� fi CINDY DORNIDEN NutAR.Y PU5U r:•�AtNNcSOTA Otary P �N_�. � !Ai CG�TISSt,O ,.x @3 ?3S :1. 205 r ti�tiwws.wvnrn+w c 2. Residential Planned Unit Development Amendment: All residential development within the Innisfree neighborhood shall comply with the development plan prepared by Westwood Professional Services and approved by the City with conditions specified below. The development plan exhibits replace the corresponding exhibits of the Planned Unit Development Agreement Evermoor dated June 20, 2000 as they relate to the Innesfree neighborhood. All previously stated conditions remain in effect. ' "Iere a specific condition is not addressed herein, the conditions of Resolution 1999 -64 shall apply, otherwise, the regulations of the City Zoning ordinance (Ordinance B "Zoning Regulations ") shall apply. The term "Development Plan" used herein shall refer to the approved Preliminary Plat, Grading, Utility and Planting Plans submitted by Contractor Property Developer's Company, prepared by «Vesttivood Professional Services and approved by the City Council on August 1, 2000 (Resolution 2000 -80). The Development Plan consists of the following documents original copies of which are on file with the City of Rosemount Community Development Department, of which photo reduced copies are attached as Exhibits l- 6: Page # Title Date Exhibit 1 of I Phasing Plan 6/22/00 1 3 of 27 Overall Preliminary Plat 6/22/00 2 4 of 27 Preliminary PIat ( Innisfree) 6/22/00 3 9 of 27 Preliminary Grading Plan ( Innisfree) 6/22/00 4 14 of 27 Preliminary Utility Plan ( Innisfree) 6/22/00 5 19 of 27 Preliminary Planting Plan ( Innisfree) 6/22/00 6 The PUD Amendment includes housing styles proposed by the Developer which are illustrated in the architectural renderings of which photo copies are attached hereto as Exhibits 7 -10 and made a part hereof. 3. Conditions of Planned Unit De�•elopment Amendment Approval: A. INNISFREE NEIGHBORHOOD The effect of this amendment is to allow a detached housing style as a substitute for the previously approved twin home or "Distinctive Townhomes ". Garages shall be turned away from the streets, shared driveways with cross - access easements and maintenance agreements are allowed. Housing styles shall be consistent with drawings labeled "Charles Cudd Co. Signature Home Collection'; attached hereto as Exhibits 11-14. Housing units typically have brick, masonry or shingles on the facades rather than lap siding. Total Units Front Setbacks Side Setbacks Average Lot Area 30 30' /20'(private street) 6' 10,550 sq. ft. Parks & Open Space The perimeter of Birger Pond above the normal water elevation (established by the DNR) up to Innisfree, and Evermoor Parkway Hill be deeded to the City as CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2000- 4 8 A RESOLUTION APPROVING THE PRELIMINARY PLAT AND FINAL PLANNED UNIT DEVELOPMENT FOR EVERMOOR Contractor Property Developers Co. WHEREAS, the Community Development Department of the City of Rosemount received an application for approval of the Preliminary Plat and Final Planned Unit Development for Evermoor; and WHEREAS, on March 28, 2000, the Planning Commission of the City of Rosemount reviewed the Final Planned Unit Development and Preliminary Plat for Evermoor and recommended approval, subject to conditions; and - WHEREAS, on May 16, 2000, the City Council of the City of Rosemount reviewed the Preliminary Plat and Final Planned Unit Development for Evermoor. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Preliminary Plat and Final Planned Unit Development for Evermoor, subject to: 1. Approval of the wetland mitigation and replacement plan and execution of a PUD agreement that will secure the recommendations of the Engineering/Public Works, Parks & Recreation, Planning, Police & Fire Departments; and 2. Rezoning of land consistent with applicable zoning districts. ADOPTED this 16' day of Mays 2000, by the City Council of the City of Rosemount. /i Cathy Bushq, Mayor ATTEST: U Linda J. Jentink Cit Jerk Motion by: C i s e w s k i Seconded by; Edwards Voted in favor: Edwards, Klassen, Cisewski, Busho, Caspar. Voted against: None. Member absent: N o n e . ti r IPA ' i r r C ..a e J �� • �—' t- z k i L,� \1 ......... 1 E 4 , i f t� ! ! T L f 9 92 x ,•j r t / S9& i A r f i j� y� 1 j r ) ji 1 r i� t , �11 4 r ! r if �r ' f , • w�`� f (`f jj�� r #�Ffft t sCb f ! f 1j t i t I t ``� J i "' C 1 � � � t Y •r ll �� l f , t r I l G � /f h i oj ti p" ! ! Ur f � f r ! JJi _ A j t r f r co !^ l ti t: , k p i 'IS <4 5 , 9 .ti6 , k p i 'IS <4 5 , 9 .ti6 i ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 2000 Evermoor (Kelley Trust) Preliminary Plat/PUD Development Plan, Rezonings City Planner Pearson reviewed the Preliminary Plat and Planned Unit Development Agreement for the Kelley Trust property east of Diamond Path, either side of Shannon Parkway and west of Dodd Boulevard by Contractor Property Developers Company. Pearson reviewed the Park Dedication, wetland, and woodland designations, which are also scrutinized by the Fish & Wildlife agency and Minnesota Natural Resources. The Planning Commission made specific recommendations for additional landscaping along some of the borders and next to the senior's housing. Set backs were discussed. The PUD is the control mechanism and the final plat will come before the Council next month. The land will be purchased for the first phase next week and then grading of the land will begin in mid -June. It will take about three years to complete the first phase of the project. MOTION by Cisewski to approve the Evermoor preliminary plat/PUD development plan subject . to approval of the wetland mitigation and replacement plan and execution of a PUD Agreement that will secure the recommendations of the Engineering/Public Works, Parks & Recreation, Planning, Police and Fire Departments; and the Planning Commission. Second by Edwards. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. MOTION by Busho to rezone land consistent with applicable zoning districts. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. MOTION by Busho to adopt A RESOLUTION APPROVING A,SUBDIVISON OF THE EVERMOOR PROPERTY COMMENSURATE WITH THE PHASING PLAN SUBJECT TO THE EXECUTION OF THE PUD AGREEMENT. Second by 'Cisewski. Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. PUBLIC HEARING Continued Modification to the Tax I .emment Financing District Mayor B ho explained the Public Hearing procedure confirmed with City Clerk Jentink that the affidavit f public notice and publication were file. The Public Hearing was continued from the May 2, 200 City Council meeting. Mayor Busho opened Public Hearin There was no one present in the audience for input. MOTION by Edwards to clo e Public Hearing for the Modification to the Tax Increment Financing District. Second by l en. Ayes: Five. Nays: None. Motion carried. City Administrator Burt oted that the T istrict budget was being amended to increase the level of debt for the projec ea to accommodate a expansion of public improvements. The hope is to encourage new inesses which allows more bs and more benefit to the commercial areas. The business park l s will be back on the tax roll for co ty and school districts by 2006. This will not impact an i ease to Rosemount tax payers. 3 Planning Commission Regular Meeting Minutes April 11, 2000 Page 2 Public Hearing: Evermoor (Kelley Trust) Preliminary Plat /PUD Development Plan, Rezonings (Cont'd from 3 -28 -001 Chairperson Droste opened the public hearing on the application by Contractor Property Developers Company (CPDC) for the Preliminary Plat for Evermoor (Kelley Trust development). This public hearing is continued from March 28, 2000. Councilmember Klassen announced a City Council worksession scheduled for Wednesday, April 12, 2000, at 6:30 p.m., to discuss issues related to the Kelley Trust development. Chairperson Droste opened the floor to the Applicant. Homer Tompkins and consultants for CPDC were present to respond to questions. Mr. Pearson presented a summary of staff's recommendations for the preliminary plat. He indicated that the wetlands would go through a separate review process. Examples of wetland mitigation were given. Mr. Pearson explained the developer has reduced the level of impact to the high quality wetlands by modifying the street design, preserving ponds, adding graded wetland areas, and constructing retaining walls. Unresolved issues include street widths, trail maintenance, and public vs. private open spaces. The developer does not agree with 36' street widths for Street A in the area with direct driveway access. Commissioner Weisensel inquired about the impact on wetlands. Alyson Morris responded there is a total of approximately 32 acres of wetlands, 1.1 acre of which has been impacted. Mr. Jelle with CPDC clarified the total acres include wetlands and stormwater ponding. Discussions continued concerning rear yard setbacks, density east of Shannon Parkway, housing percentages, and the cost of maintaining open space. In response to questions concerning parks on the east side, Dan Schultz indicated the Parks & Recreation Committee recommended those parks be private. He suggested the city pursue an underpass on Connemara Trail. Chairperson Droste suggested clear language in the PUD requiring paved paths along both sides of the collector streets, including Shannon Parkway, Connemara, and Street A. Bret Weiss addressed issues of trail maintenance, recommending the city maintain the trails on collector streets and that the homeowner associations be responsible for mowing and tree maintenance along the trails. Mr. Weiss also addressed concerns about the 36' wide streets. Chairperson Droste feels the wide streets take away from the charm of the neighborhood. Mr. Weiss noted Planning Commission Regular Meeting Minutes April 11, 2000 Page 3 problems that would result if Street A were less than the recommended 36' in the area where houses front the street. He further recommended no parking on Street A. Mr. Tompkins named various builders for this development. He explained an Architectural Advisory Committee would be assembled to review all building plans. All building permits must obtain committee approval prior to issuance. Mr. Tompkins also described plans for fiber optics and communication systems. Chairperson Droste opened the floor to the public. Chairperson Droste entered into the record a letter, dated March 26, 2000, from Richard and Meryl Eastwood. Katie Corrigan 12990 Shannon Parkway, presented a Petition signed by students saying they care about the land and want to save the views. The Petition was entered into the Clerk's record. Commissioner Shoe- Corrigan summarized her concerns about the development, including speed & safety concerns on Connemara, Shannon Parkway, and Street A. Also of concern is the transition area between the senior housing and R -1 housing on Shannon Parkway, together with the northern area on the east side between houses on 131" Street and the R -1 housing. She feels a 50' setback between different housing types is more appropriate for transition. The paved trail between 131 Street and the R -1 housing should be replaced with a mowed trail that could be used for cross - country skiing. " She would like to see language .in the PUD addressing setbacks, sheds, and outside stora along with height restrictions on the Estate Homes. She prefers to see the high point vista preserved and landscaping along Street A to create a corridor. Mr. Jelle indicated they would address the spacing on 131St street, trails, and setback concerns. Mr. Pearson indicated the Estate Homes are of tremendous value, and that landscaping, buffering and setbacks will mitigate the multi -level homes. He explained that height restrictions could not be mandated., Density in the Estate Homes area is consistent with the concept plan. MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe- Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. Commissioner Weisensel expressed his concern that 63% of the wetlands have been impacted. He feels the developer did not meet expectations. Alyson Morris explained a more accurate representation is the percentage of impact based on acreage. A further breakdown of impacts to the wetlands will be provided to the Planning Commission. Commissioners notedremaining issues and the importance of clearly stating expectations in the PUD. Planning Commission Regular Meeting Minutes April 11, 2000 Page 4 MOTION by Droste to table action until April 25, 2000, to allow staff an opportunity to provide additional detail regarding the PUD agreement. Seconded by Shoe - Corrigan. Ayes: Weisensel, Tentinger, Droste, and Shoe- Corrigan: Nays: 0. ' Motion carried. Chairperson Droste recessed the meeting at 9:15 p.m. for 5 minutes. Chairperson Droste recessed the regular Planning Commission meeting and opened the Board of Appeals & Adjustments. Public Hearin Je ffery Johnston Variance for AccessoLry Struct e (Cont'd. from 3- 28 -00) Chairperson Droste opened the public hearing on the application by Jeffery Jo son for a var` nce to setbacks . for an accessory structure. This public hearing is con ' ued from Marc 28, 2000. Jeffery Jo son explained the limitations for building sites on his operty due to steep slopes and t es. He is requesting a variance to place a garage i the northeast corner of his property, e feet from the north and east property lines. he required setback is 30 feet. Mr. Pearson noted th t steep slopes are characteristic f the entire site. He suggested an alternative location in e front yard, which would equire a lesser variance. Mr. Pearson was unable to support th equested variance for e northeast corner. Chairperson Droste opened th Public 7,is g. Sharon Johnson 12445 Chinchill Co • a ne ighbor and expressed her strong opposition to placement of the gara , in the front yard. This would be in direct view of her house and would decrease her ro rty value. If the garage were placed in the northeast comer, it would be o of sigh Discussions continued con ruing alternate 1 ations, including a site closer to the house. Mr. Johnson responded t is site was initially pr erred but, because of the severity of the slope, it required exte ive grading & backfill an also involved the removal of 4 oak trees." This site wou be more visible to homes acr 4s the pond, and he would be unable to back equipmfer into the garage at this location. M� `,Johnson explained the location in the northeast c would allow the garage to be cut infb side of a hill, resulting in less visible c ncrete.. MOTI by Droste to close the public hearing. Seconded by`Tentinger. Ayes: Tentinger, Droste, Shoe - Corrigan, and Weisensel. Nays: 0. Motion carried. Commissioner Tentinger felt the variance in the northeast corner was too. much, but would be willing to grant a lesser variance for the site closer to the house. Excerpt from the Regular Planning Commission Meeting of June 22, 2004 6B. CASE 04 -39 -FP and CASE 04- 41 -AMD CPDC Evermoor Innisfree 2 " Addition Final Plat and Minor PUD Amendment Assistant Planner Lindahl reviewed the request from Contractor Properties Development Company (CPDC) for a minor PUD amendment and final plat for Evermoor Innisfree 2nd Addition. The property is located north of Evermoor Parkway and east of Diamond Path. The original plat showed two twin homes. The applicant requested final plat approval for 3 detached townhome lots which would be consistent with property developed on the south side of Evermoor Parkway. Areas of concern included types of housing units, and access to the site. David Hempel, Project Manager for CPDC, was present to respond to the areas of concern. The housing style will be similar to the housing located on the south side of Evermoor Parkway. Access to the site would be a shared driveway that would be courtyard in appearance with cross easements to each unit. Chairperson Messner opened the public hearing. There were no public comments. MOTION by Powell to close the Public Hearing. Second by Schultz. Ayes: Humphrey, Powell, Schultz, Zurn, and Messner. Nays: None. Motion carried. MOTION by Humphrey to recommend the City council approve the final plat and Planned Unit Development (PUD) for Evermoor Innisfree 2 "d Addition subject to: 1. Execution of the Subdivision Development Agreement for Evermoor Innisfree 2 Addition. 2. Payment of all other development associated fees in conformance with the current fee schedule including, but not limited to, G.I.S., Storm Water Access, and Trunk Water and Sewer Access Charges. 3. Conformance with all requirements of the City Engineer. Second by Powell. Ayes: Powell, Schultz, Zurn, Messner, and Humphrey. Nays: None. Motion carried. This item will proceed to City Council for final action on July 20, 2004.