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HomeMy WebLinkAbout7.a. Finding of Fact: Denial for Biscayne 4th Addition' CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: October 2, 2001 AGENDA ITEM: Adoption of Findings of Fact: Denial of a AGENDA SECTION: concept planned unit development for Biscayne Old Business Pointe Fourth Addition. PREPARED BY: Rick Pearson, City Planner AGENDA 'a1►i 1# 7 ATTACHMENTS: Draft Findings of Fact APPROVED BY: 0 SUMMARY On September 18, 2001, the Council directed staff to prepare findings of fact in support of the Council action the deny the concept for Biscayne Pointe Fourth Addition request for Heritage Development. The concept included 68 single family lots, park and stormwater facilities. The findings reflecting that action are attached. At the time of packet preparation, the draft findings had been sent to City Attorney Charlie LeFevere for review. Therefore, a revised resolution may be handed out at the meeting on Tuesday evening. RECOMMENDED ACTION: Motion to adopt a resolution for denial of a concept planned unit development for Biscayne Pointe Fourth Addition requested by Heritage Development based upon findings of fact. CITY COUNCIL ACTION: f: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2001- A RESOLUTION FOR DENIAL OF A CONCEPT PLANNED UNIT DEVELOPMENT FOR BISCAYNE POINTE FOURTH ADDITION BASED UPON FINDINGS OF FACT WHEREAS, the Community Development Department received an application for a concept planned unit development for a single family residential development called Biscayne Pointe Fourth Addition on July 25, 2001; and, WHEREAS, the Planning Commission conducted a public hearing as required on August 14, 2001; and, WHEREAS, the Planning Commission received testimony from affected property owners at the public hearing in opposition to the requested concept; and, WHEREAS, the Planning Commission adopted a motion to recommend denial of the concept to the City Council; and, WHEREAS, The City Council considered the concept request with the Planning Commission recommendation and meeting minutes indicating concerns from staff and affected property owners. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby denies the concept planned unit development request requested by Heritage Development based upon findings of fact: FINDINGS OF FACT 1. The concept development fails to conform to intersection spacing criteria as it applies towards the "Proposed Connemara Trail Extension" prepared by W.S.B. & Associates, Engineering consultants for the City. 2. The concept development exhibits an off- -set intersection connecting with the proposed Connemara Trail extension that is inconsistent with Collector street intersection standards of the City. 3. The concept development does not provide local street connections to adjacent property which would be consistent with Council policies for "neighborhood connectiveness ". 4. The concept forces adjacent properties to have separate access to Connemara Trail extension because of the lack of local street connections. 5. The proposed park design is inconsistent with the recommendation of the Parks and Recreation Commission. The resulting park does not result in useable open space large enough for field activities such as soccer or softball. The proposed parkland provides Resolution 2001- 6. small "truncated" spaces that may accommodate a trail, but little else. 7. The concept forces Connemara Trail access locations to be shifted in order to maintain appropriate intersection spacing. ADOPTED this 2nd day of October, 2001 by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Voted in favor: Voted against: _ Member absent: Seconded by: 2