HomeMy WebLinkAbout8.a. Basic Builders Finding of Factse
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: April 18, 2000
AGENDA ITEM: Basic Builders - Findings for denial of a
AGENDA SECTION:
Comprehensive Plan Amendment, Rezoning
Old Business
and PUD Concept
West side of Biscayne Avenue, north of the National Guard maintenance facility.
PREPARED BY: Rick Pearson, City Planner
AGENDA '
ATTACHMENTS: Draft findings; Concept Plan; Memo.
APPROVED BY:
SUMMARY
This 36 lot single family development proposal depends on three actions:
1. The Comp Plan needs to be amended from Public / Institutional to Urban Residential;
2. The zoning could then be changed from Agriculture to R -1, Low Density Residential; and,
3. The PUD Concept for 36 single family lots and right -of -way would be approved.
A brief discussion regarding the specifics of the project are attached in the memo.
CITY COUNCIL DIRECTION
On April 4, 2000, the City Council directed staff to prepare findings of fact for denial of the comprehensive plan
amendment, rezoning and concept PUD. Draft findings are attached.
I RECOMMENDED ACTION: I
Motion to adopt a resolution for denial of a comprehensive plan amendment, rezoning and concept residential
planned unit development requested by Basic Builders based upon findings of fact.
CITY COUNCIL ACTION:
Applicant:
Jeff Nivila of Basic Builders
Location:
West side of Biscayne Avenue, north of the National Guard maintenance facility.
Property Owner(s):
Sam Hertogs et al
Area in Acres:
17.54 acres
Number of Lots:
36
Overall Density:
2 units per acre
Comp. Guide Plan Desig:
Public / Institutional (PI)
Requested Land Use Desig:
Urban Residential
Current Zoning:
Agricultural
Requested Zoning:
R -1, Low Density Residential (Single Family)
Planning Comm. Action:
2 -2 Recommendation for Comp Plan Amendment (Motion Failed)
2 -2 Recommendation for Rezoning (Motion Failed)
2 -2 Recommendation for PUD Concept Approval (Motion Failed).
SUMMARY
This 36 lot single family development proposal depends on three actions:
1. The Comp Plan needs to be amended from Public / Institutional to Urban Residential;
2. The zoning could then be changed from Agriculture to R -1, Low Density Residential; and,
3. The PUD Concept for 36 single family lots and right -of -way would be approved.
A brief discussion regarding the specifics of the project are attached in the memo.
CITY COUNCIL DIRECTION
On April 4, 2000, the City Council directed staff to prepare findings of fact for denial of the comprehensive plan
amendment, rezoning and concept PUD. Draft findings are attached.
I RECOMMENDED ACTION: I
Motion to adopt a resolution for denial of a comprehensive plan amendment, rezoning and concept residential
planned unit development requested by Basic Builders based upon findings of fact.
CITY COUNCIL ACTION:
rA
CITY OF ROSEMOUNT .
DAKOTA COUNTY, MINNESOTA DRAFT
RESOLUTION 2000-
A RESOLUTION FOR DENIAL OF
A COMPREHENSIVE PLAN AMENDMENT, REZONING AND CONCEPT
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REQESTED BY BASIC BUILDERS
BASED UPON FINDINGS OF FACT
WHEREAS, the Community Development Department received applications for a
comprehensive plan amendment and concept planned unit development for residential
development involving single family housing types as identified in attached Exhibit A from
Basic Builders to be located on a 17 acre unplatted parcel west of Biscayne Avenue %2 mile north
of 145th Street West in Rosemount; and,
WHEREAS, the Planning Commission conducted a public hearing as required by the zoning
ordinance on March 28, 2000; and,
WHEREAS, the Planning Commission failed to adopt a motion to recommend that the City
Council amend the Comprehensive Plan from Public / Institutional to Urban Residential; and,
WHEREAS, the Planning Commission failed to adopt a motion to recommend that the City
Council approve the concept planned unit development for single family use; and,
WHEREAS, the City Council reviewed the comprehensive plan amendment and planned unit
development on April 4, 2000 and adopted a motion to deny the comprehensive plan
amendment; and,
WHEREAS, the City Council directed city staff to prepare findings of fact for denial of the
requested comprehensive plan amendment and concept planned unit development.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
denies the concept for a residential planned unit development requested by Basic Builders based
upon findings of fact:
FINDINGS OF FACT
1. The subject property is currently guided for Public / Insitutional (PI) land use in the City
of Rosemount 2020 Comprehensive Plan.
2. The Concept Plan as identified in Exhibit A is not consistent with the current
Comprehensive Plan.
DRAFT
4. The only land adjacent to the property which is not separated by a street or railroad is
designated for Public / Institutional use.
5. The applicant has not shown that residential use is the most appropriate use for the
property given its relative isolation and potential land use incopatibility with the adjacent
land owned by the National Guard.
6. Urban Services are not currently available to serve the entire site for sanitary sewer and
city water.
7. The City Council is unable to make the findings required for planned unit development
approval;
a) The Plan provides sufficient useable open space and evidences a substantial
preservation of natural features to warrant the granting of variances through
Planned Unit Development.
b) The Plan complies with the intent of the Comprehensive Guide Plan.
C) The proposed development will not be detrimental to surrounding properties.
d) The Plan is more creative and will provide a better living, working, or shopping
environment than is possible under strict ordinance requirements.
8. The proposed housing is not adjacent to permanent open space. The undeveloped land to
the south is owned by the Minnesota National Guard which has previously indicated to
the city that the property may be used for training which could be incompatible with
residential uses.
9. The proposed housing would be isolated from similar land uses by collector streets, and
no park facilities are anticipated to serve the area.
10. The proposed land use is is adjacent to a railroad line which requires additional lot depth
and buffering to mitigate the potentially harmful effects of the rail traffic.
ADOPTED this 18th day of April, 2000 by the City Council of the City of Rosemount.
ATTEST:
Linda Jentik, City Clerk
Motion by:
Voted in favor:
Voted against:
Member absent:
Seconded by:
Cathy Busho, Mayor
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ROSEMOUNT
Everything's Coming Up Rosemount!!
TO: Planning Commission
FROM: Rick Pearson, City Planner
DATE: March 17, 2000
RE: March 28, 2000 Planning Commission Reviews
Basic Builders - Biscayne Avenue Residential development
Comprehensive Plan Amendment; Rezoning and Concept PUD
BACKGROUND
CITY HALL
2875 — 145th Street West
Rosemount, MN
55068 -4997
Phone: 651- 423 -4411
Hearing Impaired 651- 423 -6219
. Fax: 651-423-5203
This 36 lot single family development is proposed for 17.54 acres on land west of Biscayne
Avenue, approximately 115 of a mile north of the National Guard maintenance facility. The
property extends north to the point where Biscayne Avenue lines up with the C.P. Railroad line.
The property is currently guided for Public / Institutional use which is the result of a proposal for
a cemetery which was intended for the Islamic Community of Minnesota. More recently, the
Dakota County HRA proposed a rental townhouse project for the property which was not
approved by the City Council. Therefore, the land must be designated for Urban Residential use
to permit the single family development proposal.
The current zoning is Agriculture. Rezoning to R -1, Low Density Residential will be made
possible by the Comp Plan Amendment.
CONCEPT PUD
The norther edge of the development is a triangle which will become a stormwater ponding area.
This area is about 25 -30 feet lower than the balance of the site. Connemara Trail will be
extended across the Railroad tracks from the west, contributing to.the collector street system for
this area. One large lot will be north of Connemara and the remaining 35 will be on the south
side. The plat is intended to be variance free.
ACCESS AND CIRCULATION
The 35 lots will be accessed from Biscayne Avenue via two streets connecting to a central
"spine" which is parallel to the railroad tracks. The street plan should be modified to increase
the separation of the two streets to 600 feet, or eliminate one connection to Biscayne. The intent
is to reduce the number of intersections along a collector street. Converting the southerly street
to a cul -de -sac is one possible solution.
I
March 28, 2000 Planning Commission Reviews - Basic Builders
Page 2.
LOT DESIGN
The lots will have increased depth requirements for buffering along the railroad tracks and the
two collector streets. There may be variances where the northerly. cul -de -sac "squeezes" lots 18,
19, 21 and 22, Block 1. The "eye- brow" located in the south west corner of the plat has the
same effect on lots 6, 7, 8 and 9, Block 1. The Engineering Department will likely object to this
feature in any event.
CONCLUSION AND RECOMMENDATION
The primary discussion should revolve around appropriate land use. If low densitysingle family
housing is the best use for the site, than the Comp Plan should be amended to reguide the
property.
The timing of the development of the property will depend on availability of services. Currently,
sanitary sewer has been brought to the north edge of Biscayne Third addition. Construction of
trunk sanitary sewer across the property east of Biscayne Avenue (the Nelson property) may be
needed to serve this development. Dave Simons, the consulting engineer has indicated that the
sewer in Biscayne Avenue (which is comparatively shallow) could serve some of the houses
proposed for the highest elevations, perhaps as a first phase. But the remaining houses will have
to be served by the trunk improvements. Indeed, this subdivision may be considered to be
premature based upon the availability of services.
Relatively minor changes to the street design and adjustments to the lots should eliminate all of
the variance concerns. If the Planning Commission agrees that this property should be
developed for urban residential use than the following recommendations should be adopted.
Motion to recommend that the City Council:
1. Adopt an amendment to the Rosemount 2020 Comprehensive Plan to redesignate the
property for Urban Residential (UR) land use.
2. Rezone the property to R -1, Low Density Residential from Agriculture (AG).
3. Approve the Concept Residential PUD subject to:
a. Availability of urban services;
b. Eliminating one street connection to Biscayne Avenue;
C. Eliminating all of the variances.
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2000 -
A RESOLUTION AUTHORIZING ASSIGNMENT AND ASSUMPTION
OF OBLIGATIONS OF USPCI, INC. AND ITS SUCCESSORS FOR AN
INDUSTRIAL CONTAINMENT FACILITY IN THE
CITY OF ROSEMOUNT BY SKB ENVIRONMENTAL, INC.
WHEREAS, the City of Rosemount has previously approved construction and maintenance of
an industrial containment facility (the "Facility") in the City under an Interim Use Permit
Agreement dated March 19, 1992 as amended April 19, 1994 and as revised on January 21, 1997
(collectively the "IUP Agreement "); and
WHEREAS, pursuant to the IUP Agreement, the applicant, owner and operator of the Facility
executed and entered into a Development Commitment dated October 17, 1989 (the
"Development Commitment') and a Trust Agreement originally entitled USPCI, Inc. Rosemount
Community Trust, Trust Agreement dated November 1992, as amended by the undated First
Amendment to the USPCI, Inc. Rosemount Community Trust and the Second Amendment to
Laidlaw Environmental Services (Rosemount) Inc. Community Trust dated January 14, 1999
(collectively the "Trust Agreement'); and
WHEREAS, the current owner and operator of the Facility, Safety-Kleen (Rosemount) Inc.
( "Safety- Kleen ") proposes to sell the Facility to SKB Environmental, Inc. ( "SKB "); and
WHEREAS, in connection with such sale Safety-Kleen and SKB have requested approval by the
City Council of the assignment to SKB of all rights and responsibilities of Safety-Kleen under
the IUP Agreement, the Development Commitment, and the Trust Agreement; and
WHEREAS, the City Council has determined that it is in the interest of the public to allow such
assignment on the terms and conditions hereinafter set forth;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount,
Dakota County, Minnesota, as follows:
The Assignment of all rights and obligations of Safety -Kleen under the IUP Agreement, the
Development Commitment and the Trust Agreement is approved subject to the condition that
Safety-Kleen and SKB execute and deliver such documents as are deemed necessary by the
City Attorney to effect such transfer of all such rights to SKB and assumption of all such
obligations by SKB, together with such evidence as is deemed necessary by the City
Attorney to demonstrate corporate approval and authorization of execution of such
documents. Upon satisfaction of this condition, the City Attorney is authorized and directed
to provide to SKB an opinion letter acknowledging satisfaction of this condition as evidence
of final approval of the proposed assignment.
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RESOLUTION 2000 -
ADOPTED this 18th day of April, 2000 by the City Council of the City of Rosemount.
ATTEST:
Linda J. Jentink, City Clerk
Motion by:
Voted in favor:
Voted against:
Member Not Present:
Cathy Busho, Mayor
Seconded by:
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