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SITE MAP
P�ZOPERTY ID NUMBER: 34- 01500- 011 -50
2003 ESTIMATED MARKET VALUES (PAYABLE 2004)
2003 BUILDING INFORMATION (PAYABLE 2004):
FEE OWNER: RICHARD JR & DIXIE CLIFF
LAND: LOT SIZE
TYPE S.FAM.RES
12523 AKRON AVE
BUILDING:
YEAR BUILT 1937
ROSEMOUNT MN 55068 -3837
TOTAL: 3,349,171 TOTAL SQ FT
ARCH /STYLE TWO STORY
76.69 TOTAL ACRES
FOUNDATION SQ FT 840
PAYABLE 2003 TAXES
SCHOOL DISTRICT: 196 70,490 ROAD R/W SQ FT
FINISHED SQ FT 1596
BEDROOMS 5
NET TAX: XMINW
LOCATION: NE1 /4 SWIM SECTION 15- 115 -19
BATHS 1.75
SPECIAL ASSESSMENTS: 0.00
FRAME WOOD
TOTAL TAX & SA: soon"
PAYABLE 2004 HOMESTEAD STATUS: FULL HOMESTEAD
GARAGE SQ FT 352
OTHER GARAGE
PAYABLE 2004 ASMNT USAGE:AG -GREEN ACRES
WATERSHED DISTRICT: VERMILLION RIVER
MISC BLDG MISC BLDG
AG HOUSE GARAGE 1 /ACRE
LAST QUALIFIED SALE:
ZONING: ROSEMOUNT Zone AG: Agricultural
DATE: AMOUNT:
NOTE: Dimensions rounded to nearest foot
Copyright 2003, Dakota County -
This drawing is neither a legally recorded map nor a survey and is not intended to be used as one.
This drawing is a compilation of records, information and data located in various city, county, and
state offices and other sources, affecting the area shown, and is to be used for reference purposes
only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are
found, please contact Dakota County Survey and Land Information Department.
Map Date: July 11, 2003 Parcels Updated: 7 /312003 Aerial Photography: 1990
PLAT NAME: SECTION 15 TWN 115 RANGE 19
TAX DESCRIPTION: E 1/2 OF SW 1/4 EX N 300 FT
OF S2059.3 FT OF E 290.4
FT &EXN 300 FTOFS
2359.30 FT OF E 363 FT
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Planning Commission Meeting Minutes
July 22, 2003
page 4
M OTION by Weisensel to recommend that the City Council approve a rezoning om PI Public
Institutional to R -2 Moderate Density Residential for the property located w t of Biscayne
A�enue south of the projected Connemara Trail. Second by Napper. Ayes eisensel,
Me ner, Zurn, Anderson, Napper. Nays: 0. Motion carried.
Mr. P eat on stated that this will o to City Council on August 7 2 00
� g Y b .
Public Hea 'ng Vesterra LLC Mineral Extraction Permit
This mineral traction permit is to operate a multi -phase min south of 135 Street east of
Akron Avenue. he terrain slopes from east to west sugges 'ng the southern bank of a glacial
river bed. Vesterr will mine into the bluff and operate t ugh ten phases. Each phase will
consist of 5 -7 acres £land with about five acres being en at any given time. The phases will
work through the land ' acounter- clockwise pattern art in the middle. Processing and
stockpiles will be locate east of the initial operatin phase. Staff is awaiting further detail to the
grading plans and a landsc'aping plan should be p pared to plan for progression of the pit as the
pits grows larger and as part�o \he final restora 'on. Staff recommends this be continued until
August 12, 2003.
There was discussion on the traffi outes nd improvements to the roads. An EAW was done on
this property to identify any major is u
Jonathan Wilmshurst, 12741 Shan
ndn Parkway, stated that he has 22 years experience in the
sand and gravel bu/will He als / /sits on ee environmental non - profit boards in the Twin
Cities and is intererese ation of the environment. He stated they have been working
very closely with tei burs and have crate letters of understanding with them to
make sure their intr protected. They wo�ld like the slopes to mimic the way they look
now. The preferreute would be CR 38 no on CR 71 and then east on 117 Street.
During the constru 117 Street the plan wou be south on CR 71 and east on CSAH 42
to north Hwy 52. l be a relatively small opera 'on compared to others in the Twin Cities.
There will be abouion tons being removed from\t4is pit.
Chairperson We/sensel opened the public hearing.
John Remk , 13040 Akron Avenue, stated he would like the co ission to specify where the
trucks can o. He lives on Akron Avenue and states the road gets v y wash boarded with the
truck tra ic. He wanted the business to.be encouraged to go out to C 71 and not use Akron
Avenu
7sep, TION by Weisensel to continue the. public hearing until August 12, 200 to give the
icant time to refine the grading plans and provide required detail. Second Zurn. Ayes:
sner, Zuni, Anderson, Napper, Weisensel. Nays: 0. Motion carried.
Public Hearing: Cliff Property/Tollefson Development Concept Plan
This concept plan is for 105 single family lots on land currently outside the Metropolitan Urban
Service Area. This property is listed as being within the MUSA post 2020. There Would be a
Planning Commission Meeting Minutes
July 22, 2003
Page 5
,community septic system that would have a neighborhood wide drain field until sanitary sewer
infrastructure is extended to the property. When the urban services are available, the community
septic area would be reconfigured into ten single family lots. There would be two access points
to this development from Akron Avenue with stubbed extensions to surrounding properties and
temporary cul -de -sacs. There are a series of outlots for open space, ponds, tree preservation, and
a neighborhood park.
Staff is concerned that this plan is inconsistent with the Comprehensive Plan as well as the
current Agricultural District zoning and lot standards. This concept plan would require
infrastructure being staged to serve this property over undeveloped property. This would be leap
frog development. The current zoning allows one dwelling unit per forty acres. The property
would need to be rezoned to permit higher density residential development. It would also require
an amendment to the Comp Plan. Urban improvements and services would be lagging behind
urban residential development. Staff is recommending denial of this concept plan based on these
issues.
Casey Wollschlager, Tollefson Development, stated that this development is completely different
from what has been previously done in the City. He stated the development is only premature to
make the City bring services up to that area. The development is self - contained meaning the
City does not have to bring sewer and water up to the site for it to function. Water and sewer
service would be provided. Akron Avenue will be upgraded in 2006 -2007. They tried to
conserve as much open space as possible and provide bigger lots to have smaller densities. They
have worked to set aside land for a regional park. He felt they should not have to ghost plat
neighboring properties since other developments do not have to do that to figure out street
connections. They are working with what is available. This development would have all the
same requirements and current developments but with smaller densities. He said this
development could not be done in the future with the small density. They are creating a buffer
zone for the homeowners to the north of this property. Tollefson would escrow funds for the
sewer and water charges in the future.
Chairperson Weisensel opened the public hearing.
John Remkus, 13040 Akron Avenue, stated he is supportive of his neighbors and that this is
Cliff's retirement. He stated at one point Mr. Cliff wanted to split the property into two 40 -acre
lots but was told by the Planning Commission that he could not do that since it would only be
39.75 acres. He is almost directly across from the proposed drain field and it not too excited to
have the drain field within 100 feet of his well. He wants to support Cliff but this proposal is
difficult for him. He felt if the property was split then some of these problems could be avoided
in the future.
Angela Schroeder, 12319 Appalachian Trail, is concerned with running the -sewer and water to
this development before the City is ready. She is also concerned about the future traffic that
would be brought to Akron Avenue.
Planning Commission Meeting Minutes
July 22, 2003
Page 6
Jake Czapiewski, 1050 124 Court, asked how the septic system and drain field will work for
that many houses. He also inquired about the well and water system. He is not against the
development and wants to see it work. He felt if it speeded up the pavement of Akron Avenue
that would be okay with most of the people in that area.
Casey Wollschlager stated the system is a gravity feed system. The system is a can system that
goes from one unit to the next unit. Then it gets drained. The water coming out of the can
systems would be considered potable water, meaning you could drink it if you wanted. The
drain field they are proposing is larger than what will actually be used. The drain field is a way
to disseminate it almost like a_stormwater system. They would set up one or two well systems
depending on the topography. There would be fire hydrants with about 1000 -1500 gallons per
minute sustainable to meet all the requirements with pumps. There would be enough water to
support the community if there were a fire. There would be tanks to hold the water.
There was discussion on the involvement of the various City Departments and their role in the
development process.
Bob Hawkins, 1110 124 Court West, is supportive of what the developer has done in trying to
put the larger lots abutting to his property on the north. He thinks it makes the transition better
than putting townhomes there which could happen if the land is developed in 10 -15 years as
stated in the Comp Plan. He also thought it would be nice to see Cliff develop his land and move
on with his life.
Tim McDomiell, 1150 124 Court West, also wants Cliff to be able to develop his land. He said
this plan is much preferable than waiting until 2020 and having townhomes or who knows what
show up in there. He is concerned about the gravel trucks on Akron than residential cars.
MOTION by Weisensel to close the public hearing. Second by Zurn. Ayes: Zurn, Anderson,
Napper, Weisensel, Messner. Nays: 0. Motion carried.
There was discussion on added unforeseen expenses put on the City if they move on this
development now. Although. the plan may be a good one, it is premature for urban services and
what is escrowed today may not cover the costs in the future. There was also concern about road
and pipe alignments in the future. Engineering is working on a north central sanitary sewer
study that would generally cover this area but they do not yet know exactly where the pipes will
go. Commission Messner commented that although this appears to be a well thought out plan
and is probably a good thing for the adjacent property owners the City has a guide plan that is
supposed to set the direction of growth and future phasing for the utilities. If that plan is thrown
out for this potential project it could set the City up for future problems.
MOTION by Zurn to recommend that the City Council deny the concept. residential planned unit
development for the Cliff property because it is inconsistent with the 2020 Rosemount
Comprehensive Plan and the Agricultural District zoning standards Second by Messner.
Planning Commission Meeting Minutes
July 22, 2003
Page 7
Chairperson Weisensel opened the floor for additional comments. Chairperson Weisensel stated
he would support the motion but wanted send the message to the Council to look at this because
it has real good potential. Hearing from the residents around there everyone is struggling with
the idea to allow Mr. Cliff to enjoy his retirement and he felt the Commission should be
cognizant of that. Mr. Pearson stated that the City Council received direction from the City
Attorney regarding the lot split request in the past. The Attorney stated the Council could grant
area variances for the split and that was discussed with Mr. Cliff and his attorney.
Ayes: Anderson, Napper, Weisensel, Messner, Zum. Nays: 0. Motion carried.
Mr. Pearson stated this will likely be on the City Council agenda for August 19, 2003.
ublic Hearing: Rosemount Cimika Retail Center Site Plan Review
T 's site plan review is for the construction of a 1.6,886 square foot multi- tenant buil g next to
the semount Village Center and behind Wendy's and KFC. The plans are in c pliance with
the re 'remernts but Staff is requesting additional information from the devel er. Staff is
recomme ing this be continued until the August 12, 2003 meeting to all the developer time
to submit th dditional information.
Reg Plowman, arco, stated they have done a good job mZ ' g the City requirements and
there are no problem meeting further requirements the City ha ve. There will be nine total
tenants similar to thos %opendd in the Rosemount Village nter next door.
Chairperson Weisens the public hearing.
Therese Sweitzer, 15101 Cimarro Avenue, es not want a restaurant going in. She does not
want more traffic and trash. In 2001 e s told there would be two sit -down restaurants and
one fast -foot but not there are two fast- d and no sit down restaurants. She has concerns with
the traffic, noise and speed limits no ein nforced.
MOTION by Weisensel to co ue the public tte-1
ng until August 12, 2003 to allow the
applicant time to submit ad ' tonal information. nd by Napper. Ayes: Napper, Weisensel,
Messner, Zurn, Anderson /Nays : 0. - Motion carried.
Old Business: None.
New Business: loomfield 6 th Addition Final Plat
This final pl is anticipated to be the second last series of single fame lots to be platted in
BloomfieI This is the last planning review prior to recording the lots infrastructure .
improve ents, housing construction, and sale. The plat is in compliance wi R -1 standards and
the pr, iminary plat with the exception of one lot. Lot 10, Block 2 is functions a corner lot
and ill have 30 -foot setbacks on three sides. The street curves around -the lot an ransitions
i o a cul -de -sac turn - around instead of being an intersection of two streets. Atwoo ourt could
e lengthened as one solution.
TO:
FROM:
DATE:
RE:
CITY OF ROSEMOU NT
Planning Commission
Rick Pearson, City Planner
July 17, 2003
Cliff Addition Concept Planned Unit Development
ATTACHMENTS: - Concept reduction, location map, Engineering comments.
CITY HALL
2875 — 145th Street West
Rosemount, MN
55068 -4997
Phone: 651- 423 -4411
Hearing Impaired 651 - 423 -6219
Fax: 651.423 -5203
PROPOSAL
The 79.52 acre property is currently zoned Agriculture, and is located in the Rosemount post
2020 urban development area (MUSA). The proposal is to develop the property for 105 single
family lots ranging is size from 10,000 sq. ft. to slightly more than ' /z acres. Several outlots are
included for open space, park or ponding use. An area will be set aside for a communal septic
system that would be converted into an additional ten lots when sanitary sewer is availale.
The proposal is not contiguous with any current development, it is actually on the outer edge of a
future urban development phase.
ACCESS & CIRCULATION
Akron Ave. is the access for the development. Two local street connections occur at Akron with
one extending through the property to function as a neighborhood collector street. Streets are
also stubbed to the southern edge and additionally to the northwest for the undeveloped
McMenomy properties. There are six cul -de -sacs (permanent) and three temporary cul -de -sacs
at the stubbed streets. A separate cul -de -sac is shown in the vicinity of the Cliff farmstead with
four lots.
Staff has several concerns that include:
1. Ensuring that the stubbed streets are in the appropriate locations for future streets on
the undeveloped McMenomy properties. This is one reason the "Leap- frog"
development is discouraged. It forces the streets to meet at locations that may not be
advantageous for the, undeveloped land. One solution would be to have a design
solution for the McMenomy property (subject to their approval /acceptance) that
would show that the streets meet at the right places. This is usually called a "ghost
plat ".
2. Akron Avenue is a gravel road, and so is 135 Street. The increased traffic may result
in demands for upgrading these roads. Development that is contiguous with the urban
area can escrow their share of the funds necessary to upgrade the street. This proposal
would not cover the costs associated with the vacant land in between.
3. The infrastructure normally is installed with the development. In this case, pipes
would either go into the ground that would not be used for ten to fifteen years, and
may deteriorate quickly, or the cost of future installation would have to be escrowed.
It can be assumed that the expected homeowners would not be infavor of paying
future assessments.
4. Much the same as street connections, the infrastructure would have to be pinpointed
in the right location (and depth / size) to meet with future pipes serving future
development in between.
5. The fire / emergency services available would likely have unsatisfactory response
times. One option for fire response would be to construct a reservoir for water that
could be pumped through hydrants until city water is available. Two wells could
substitute for the reservoir.
6. The 4.22 acre outlot E intended for the communal septic system might no longer be
suitable for ten lots after functioning as a drainfield.
CONCLUSION & RECOMMENDATION
The proposed development is essentially urban in density and pattern without urban services.
Another phrase to describe it is leap -frog. The Engineering department has provided responses
to some of the technical issues of accommodating the development, but they should not be
interpreted as in support of a recommendation to approve the concept - even with conditions.
If the concept were to be approved, the following would be required as a framework to prepare
conditions of approval:
I. Comprehensive Plan Amendment.
2. Rezoning.
3. Development scenario or "ghost plat" for all of the vacant land between the concept
property and existing urban land uses:
MEMORANDUM
DATE: July 14, 2003
TO: Chantel Nelson - Community Development Secretary
CC: Jamie Verbrugge — City Administrator
Andrew Brotzler — City Engineer
Dan Schultz - Parks and Recreation Director
Rick Pearson City Planner
Mick Kaehler - Building Code Official
FROM: Anthony Aderhold — Project Engineer
RE: Cliff Addition Plan Review
After reviewing the Cliff Addition/Tollefson Development Plans dated June 30, 2003 the
Engineering Department offers the following comments:
• The plat will need approval from Dakota County Board of Commissioners in accordance
with the Dakota County Contiguous Plat Ordinance.
• The Concept Plan submittal included information regarding the installation of a community
sanitary sewer system and water system. It was noted that these systems could be operated
and maintained by the Developer, Homeowners Association, a private third party or the City.
Further consideration of this proposal would require discussion regarding City expectations
for the ownership and maintenance of this proposed system. For the proposed water system,
it should be noted that the system design would need to provide 1000 gpm for 90 minutes for
fire protection. As this would be an independent system, two wells capable of providing this
flow would need to be built. With regards to the future extension of municipal sanitary
sewer and water service, a feasibility report would need to be completed by the City to
determine the ability to extend service to the property in the future.
• To ensure the City's ability to collect trunk charges for the development, it would be our
recommendation that the trunk charges in accordance with the fee resolution be collected at
the time of final platting.
• As the property is adjacent to Akron Avenue (County Road 73), funds would need to be
escrowed for the future cost of reconstructing Akron Avenue.
• Private utility easements should be checked for restrictions to development and grading.
GAAnthony\Ptan Reviews \CliffAdditionldoc
• The City of Rosemount's Comprehensive Wetland Management Plan identifies the presences
of several wetlands within and adjacent to the property. As part of the preliminary plat
preparation, a wetland delineation will need to be completed and a wetland delineation report
submitted to the City. Pretreatment of stormwater to NURP standards is required prior to
discharging to preserve wetlands. Areas should be considered for sediment and nutrient
pretreatment prior to discharging to the wetland within Outlot A as this wetland is classified
as a preserve wetland.
• The stormwater management design for the property will need to meet the City's
requirements for treatment, rate control and infiltration. See previously attached Developer
Guidelines.
If you have any questions or comments regarding the items listed above, please contact me at 651 -
322 -2724
GAAnthony\Plan ReviewsUiffAddition1doc
MEMORANDUM
DATE:
August 14, 2003
TO:
Mayor and City Council
Rick Pearson, City Planner
Andy Brotzler, City Engineer
Jamie Verbrugge, City Administrator
FROM:
Dan Schultz, Director of Parks and Recreation
RE: Cliff Addition Concept Plan Tollefson Development
The Parks and Recreation Commission discussed the Cliff /Tollefson Development concept plan
at their July 28 meeting.
Staff recommended following the Parks, Trails and Open Space Master Plan as closely as
possible on this development as it will set the tone for parks and recreation amenities needed in
our future developments. The Master Plan calls for a neighborhood park of 4 -10 acres near the
southwest corner of the property. The park (N -7) does not have to be located on the Cliff
property but should be built in a location that can support the users from this development:
The Cliff /Tollefson concept plan identifies Outlot B as open space and a neighborhood park.
Staff recommends that the small space directly behind lots 1, 13, and 14 on block 4 be removed
The Parks and Recreation Commission and staff should then identify a location for a
neighborhood park that is located along the southwest edge of the Cliff Property and the
southeast edge of the McMenomy property.
Staff offered two recommended actions:
1. Motion to recommend approval of the concept plan based on accepting open space with this
development and planning for active recreation amenities on the properties to the east or south
when they develop.
2. Motion to recommend the City Council deny the plan approval based on the lack of
appropriate parkland needed to meet the active recreation needs of the residents in this area as
outlined in the Parks, Trails and Open Space Master Plan.
The Parks and Recreation Commission did not move either motion and asked that the concept be
discussed in further detail at the August 2003 regular meeting.
CNDocuments and Settings \rwp \Local Settings \Temporary Internet Files \0LK2 \Staff rec. concept Cliff Add memo 8- 14- 03.doc
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2020 Comprehensive Plan Update
Urban Residential (UR)
Urban Residential land uses are located entirely within the MUSA and are
serviced by public sewer and water utilities. Housing types accommodated here
include single - family detached, single- family attached, and manufactured
housing with the predominant use being single - family detached. The City will
consider other potentially compatible uses such as churches, schools, and
neighborhood parks through a conditional use permit process.
Policy
It is the City's policy to:
1. cooperate with Federal, State, and County agencies to make affordable
housing available and to redevelop and rehabilitate older homes in the City;
2. encourage clustering, where appropriate, and /or extraordinary setbacks at
neighborhood edges to minimize the impact of major streets and conflicting
land uses;
3. facilitate neighborhood planning for improvements which create or reinforce
neighborhood unity, safety, and identity and to increase home ownership
potential on a cost- sharing basis with neighborhoods. Improvements may
include landscaping, parks, and local street modifications to reduce traffic
impacts;
4. require the use of planned unit development for all developments proposing
to vary from city standards in exchange for other benefits;
5. encourage the use of planned unit developments to protect and enhance
natural features, open space, and to provide appropriate neighborhood
transitions;
6. maintain a balance of housing types and densities in conformance with
.community objectives; and
7. incorporate pedestrian - friendly neighborhoods with sidewalks and trails as
important design elements.
The n
urba sition Residential District is within th SA and is intended to have
n tr s and all public utilities. How er, some areas designated as
Transition Re ' ential are not identifi as
MI unless sanitary sewer is
needed and cost a ctive. The rict has been created to guide development
in a critical transition at be een rural residential and urban residential
neighborhoods of the Cit . as designated as-Transition Residential
necessitate extraordi ry enviro ental consideration. These areas are
characterized by ique natural featu such as woodlands, water, and
topographic ief which warrant sensitive tment. When developed, this area
is inten to have an urban /rural character wi mixture of housing types, but
wit relatively low overall density in order to prote t its unique stands of upland
rdwoods and its variable topography.
31
City of Rosemount
5.1 Implementation Plan
5.1.1 Introduction
The Comprehensive Plan will be translated from a policy document into a growth
management process via an implementation plan. The implementation plan will
involve modifications of city controls and policies, especially zoning amendments,
including both ordinance amendments and rezonings.
Additional studies go beyond the scope of the Comprehensive Plan, but will
influence aspects of the plan such as the Commercial Center revitalization plan,
ongoing and future transportation studies and occasional initiatives generated
externally by various applicants.
The Comprehensive Plan also has an amendment process to consider changes
to the plan as a result of new ideas, strategies, or relevant development
initiatives.
5.1.2 Implementation Plan Components — Land Use
1. Update the official "tools "(eg., zoning and subdivision ordinances) to
accomplish broad and specific objectives in this Plan.
2. Rezone land in conformance with new land use objectives established in
the 2020 Land Use Plan.
3. Achieve Livable Communities objectives, which are local goals within a
regional housing framework, established by the Dakota County HRA.
4. Participate in current/future transportation studies including the CSAH 42
Corridor Transportation Plan, the STH 52 Corridor Plan and the STH 3
Corridor Plan.
5. Complete a conceptual design strategy for the Commercial corridor right-
of-way along State Highway 3 and County Road 42.
6. Use public financing resources to assist those economic development
projects that achieve high value to the city, including redevelopment
opportunities and job creation.
7. Utilize and update the city's capital improvement plan in conjunction with
development objectives in this Plan.
8. Evaluate public and private impacts to urban service expansion north of
Highway 38 (east of Highway 3).
9. Develop stronger ties with the University of Minnesota in relationship to
cooperative uses in or near their research property.
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2020 Comprehensive Plan Update
10. Utilize the "premature subdivision" section of the City's subdivision
ordinance to control growth in an orderly manner.
5.1.3 Implementation Plan Components — Public Facilities
1. Work directly with Dakota County and Mn /DOT to pursue and coordinate
transportation projects identified in this plan.
2. Develop a water supply system that services existing /proposed development
needs in eastern Rosemount based upon a feasibility analysis.
3. Evaluate the feasibility of a sanitary sewer system that will service those
areas identified in this plan as Rural Residential with "sewer needs ".
4. Conduct an active park development program and a limited park acquisition
program based on development patterns and resource protection needs
within Rosemount.
5. Update the City's capital improvement program annually in order to address
short- and long -term public facility needs throughout MUSA and non -MUSA
areas.
5.1.4 Implementation Plan Components Zoning
Ordinance
A copy of the city's current zoning ordinance is attached for review. The land use
plan (Figure 3.1 -C) will require amendments to the zoning map and ordinance in
order to be consistent. These amendments will be initiated and substantially
completed within one year of the Plan's official adoption. Major amendments will
include:
1. Zoning Map. Change all Agriculture areas guided for Rural Residential;
change all Agriculture areas guided for Urban Residential; change all
Agriculture areas guided for Business Park; and, change all Agriculture
areas guided for General Industrial or Industrial/Mixed Use.
2. Zoning Ordinance. Add new districts for "Industrial /Mixed Use" and
"Agriculture Research "; eliminate the outdated Industrial Park (IP) district,
and amend existing zoning districts as a required update process.
A listing and description of all zoning districts with each corresponding land use
category is provided as follows:
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plat. uch approval shall be attached to the survey. All registered land surveys
shall be p red in conformance with Minn ota Statutes, Section 508.47,
Subdivision 4. r to approval of a stered land survey, the Council may
require the dedication tree utility easements or public park land to the City.
Subd. 6.3 Planned it Developmen
The City m �ombinepublic hearing requirements for s divisions with those required of
the P
Jaii
ned Unit Developments.
SECTION 7. ADMINISTRATION AND ENFORCEMENT
Subd. 7.1 Authority
The Administrator, or the Administrator's designee, shall administer and enforce the
provisions of this ordinance and shall have said authority to:
A. Enter upon the land or within a building during reasonable working hours as found
necessary to fulfill his/her duties as administrator of this ordinance.
B. Conduct inspections of buildings and use of land to determine compliance with the
terms of this ordinance.
C. Maintain permanent and current records of this ordinance, including, but not
limited to, maps, amendments, bonds, variances, waivers, plats, development
agreements, and applications thereto.
D. Institute in the name of Rosemount appropriate citations or proceedings against a
violator as provided by law.
-% Subd. 7.2 Premature subdivisions
Any preliminary plat /final plat and /or development deemed premature pursuant to the
criteria listed below shall be denied by the Council.
A. Lack of adequate drainage: A condition of inadequate drainage. shall be
deemed to exist if
1. Surface or subsurface water retention and runoff is such that it constitutes
a danger to the structural security of the proposed structures.
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2. The proposed subdivision will cause pollution of water sources or damage
from erosion and situation on downhill or downstream land.
3. The proposed site grading and development will cause harmful and
irreparable damage from erosion and situation on downhill or downstream
land.
4. Factors to be considered in making these determinations may include:
average rainfall for the area; the relation of the land to flood plains; the
nature of soils and subsoils and their ability to adequately support surface
water runoff and waste disposal systems; the slope of the land and its effect
on effluents; and the presence of streams as related to effluent disposal.
B. Lack of adequate water supply A proposed subdivision shall be deemed to lack
an adequate water supply if the proposed subdivision does not have adequate
sources of water to serve the proposed subdivision if developed to its maximum
permissible density without causing an unreasonable depreciation of existing water
supplies for surrounding areas.
C. Lack of adequate roads or highways to serve the subdivision: A proposed
subdivision shall be deemed to lack adequate roads or highways to serve the
subdivision when:
1. Roads which serve the proposed subdivision are of such a width, grade,
stability, vertical and horizontal alignment, site distance and surface
condition that an increase in traffic volume generated by the proposed
subdivision would create a hazard to public safety and general welfare, or
seriously aggravate an already hazardous condition, and when, with due
regard to the advice of the County and/or the Mn -DOT, said roads are
inadequate for the intended use.
2. The traffic volume generated by the proposed subdivision would create
unreasonable highway congestion or unsafe conditions on highways
existing at the time of the application or proposed for completion within
the next two (2) years.
D. Lack of adequate waste disposal systems: A proposed subdivision shall be
deemed to lack adequate waste disposal systems if in subdivisions for which sewer
lines are proposed, there is inadequate sewer capacity in the present system to
support the subdivision if developed to its maximum permissible density after
reasonable sewer capacity is reserved for schools, planned public facilities, and
commercial and industrial development projected for the next five (5) years; or if in
subdivisions where sewer lines are neither available nor proposed, there is
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inadequate on -site sewer capacity potential to support the subdivision if developed
to the maximum permissible density indicated in the Rosemount Comprehensive
Plan, as may be amended.
E. Inconsistency with Comprehensive Plan: A proposed subdivision shall be
deemed inconsistent with the City's Comprehensive Plan when the subdivision is
inconsistent with the purposes, objectives and recommendations of the adopted
Comprehensive Plan of Rosemount, as may be amended. Subdivisions which do
not follow planned public improvements shall be deemed inconsistent with the
City's growth strategies as outlined in the Comprehensive Plan.
F. ' Public service capacity: A proposed subdivision shall be determined to lack
necessary public service capacity when services such as recreational facilities,
schools, police and fire protection and other public facilities, which must be
provided at public expense, cannot reasonably be provided for within the next two
( years.
G. Minnesota Environmental Quality Commission (EQB) Policies: The
proposed subdivision is inconsistent with the policies of the Environmental Quality
Board, as may be amended, and could adversely impact critical environmental
areas or potentially disrupt or destroy historic areas, which are designated or
officially recognized by the Council, in violation of Federal and State historical
preservation laws.
H. Inconsistency with Capital Improvement Plans: A proposed subdivision shall
be deemed inconsistent with capital improvement plans when improvements and /or
services necessary to accommodate the proposed subdivision have not been
programmed in the Rosemount, County or other regional Capital Improvement
Plans. The Council may waive this criteria when it can be demonstrated that a
revision to capital improvement programs can be accommodated.
Subd. 7.3 Building permits
No building permit shall be issued until public improvements have been accepted by the
City.
Subd. 7.4 Violations and penalties
Any person who violates or fails to comply with any provisions of this Ordinance shall be
guilty of a misdemeanor, and upon conviction thereof shall be punished according to
Minnesota Statutes, Section 609.2, subd. 3.
SECTION 8. REPEALS
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