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Home My WebLink About2.a. Update of the Comprehensive Guide Plan CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR DISCUSSION CITY COUNCIL COMMITTEE OF THE WHOLE DATE: August 11, 1999 AGENDA ITEM: Update on the Comprehensive Plan AGENDA NO. d �• �i'. PREPARED BY: Dan Rogness, Community Development Director ATTACHMENTS: Moratorium Ordinance; Previous Concept Plan for Carlson Site; Residential Lot Inventory The following information relates to the status of the city's proposed 2020 Comprehensive Plan and the related moratorium ordinance approved by the city council on February 23, 1999. First of all, staff from the Met Council has informed Rosemount that their board will be reviewing the city's proposed 2020 Plan on Wednesday,August 18. They will request that the city make one primary change to the plan related to approximately 600 "developable"acres north of County Road 38 and east of State Highway 3. The Met Council wants to see this area designated as Urban Residential rather than Rural Residential in order to accommodate more housing unit growth that will occur in Dakota County. A meeting is being scheduled for the week of August 9-13 in order for the city and their staff to discuss this one issue further; a 3-week e�ension was granted beyond the August 20 deadline in order to accommodate this discussion. The city's moratorium ordinance was put into effect, in part,to allow the proposed 2020 Comprehensive Plan to be reviewed by the Met Council and subsequently adopted by the City Council. One written request has been made by Ron Carlson to exempt property he owns south of the movie theater along the northern edge of Wachter Lake. This area, which includes 11 acres, received concept approval in 1997 for a 36-unit townhome project by Twin City Townhomes, Inc. (which was subsequently dropped by the developer). The site is currently zoned BP-3, which was proposed to be changed to BP-4 to accommodate the residential use. The moratorium ordinance does not allow either a rezoning or a residential concept plan application to be processed for this property. However,the council could exempt this specific property from that ordinance. The status of Rosemount's lot inventory through July of this year is as follows: Single family final platted lots = 288 Townhome final platted lots = 371 Total final platted residential lots = 659 (2-3 year supply) RECOMMENDED ACTION: For Discussion Only. CITY OF ROSEMOUNT ORDINANCE NO. XXI.4 AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY,PLACING A MORATORIUM ON RESIDENTIAL DEVELOPMENT IN THE CITY OF ROSEMOUNT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. Background. 1.01. Minnesota Statutes, Section 473.864, subd. 2 requires the city to revie�v and, if necessary, amend its comprehensive plan and official controls by December 31, 1998. 1.02. The city's comprehensive plan has not been updated since 1993. 1.03. As required by law the city is and will be reviewing, updating and amending its comprehensive plan and official controls. The city's draft 2020 Comprehensive Plan includes substantive changes from the current plan regarding housing development. The city cannot adopt its 2020 Plan until it has received and considered the formal review comments of the Metropolitan Council. 1.04. The city council has determined that an area of the city which is commonly known as the Kelley Trust property, is an area of approximately 520 acres which requires special care in development because, among other reasons: it is under single ownership and currently undeveloped and therefore represents a unique opportunity to accomplish the city's land use planning objectives through a unified,integrated land use design;it is comprised in rolling topography«�ith scenic vistas, wetlands and oak savannah forests which should be protected and preserved by development which is compatible with such natural amenities; and it is sufficiently large that its development and the density of its development will have a substantial effect on the overall residential development of the city, the mix of housing types available in the city and public utilities and services. 1.05. As of December 31, 1998,the city's housing mix was 77%single family residential and 23% multi-family units. The city's policy is to have a mix of 75% single family and 2�%multi-family between 1995 and 2020. As of December 31, 1998,the city has an inventory of undeveloped lots for 930 residential units, 48% of which are single family units and 52%multi-family. 1.06. The council has not yet determined what amendments to its comprehensive plan and official controls can best assure that future residential development will be an appropriate mix of single and multi-family units and that the various types of residential housing are developed in appropriate areas of the city. � ORDINANCE NO. XXI.4 1.07. In connection with consideration of a proposal for development of the Kelley Trust property and an application for planned unit development concept approval, and with consideration of amendments to the city's comprehensive plan, the city council has reviewed the existing and � potential development in the city:As a result of that process,the council has determined that current land use controls do not adequately address the various land use concerns described above. 1.08. Therefore the council has detemuned that there is a need for further studies and hearings to be conducted as part of the state mandated comprehensive plan review process so that the city may adopt such amendments to its comprehensive plan and zoning code as are deemed necessary or expedient to ensure protection of the public,health, safety and welfare.The council has directed that such studies be undertaken and that such hearings be conducted and completed. 1.09. Due to the pendency of an application for concept approval for a planned unit development which may not be consistent with future amendments to the comprehensive plan and official controls and the potential for other such development,the council has determined that there is a need for an interim ordinance to be adopted pursuant to Minnesota Statues, Section 462.355, Subd. 4, for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the city, and ensuring that the city and its citizens retain the benefits of, and the protection sought to be afforded by , the city's comprehensive plan and zoning ordinances until the study process is complete and any modifications to the city's comprehensive plan and zoning ordinance become effective. Section 2. Properties Subject to lloratorium. 2.01. Properties subject to the provisions of Section 3.01 of this ordinance include all properties in the city with the zoning designations RL,R-1,R_3, R-3 and R-4. 2.02. Properties subject to the provisions of Section 3.02 of this ordinance include all properties in the city. Section 3. Prohibition. 3.01. Except as provided in Section 4, during the period this interim ordinance is in effect, no properties described in paragraph 2.01 may be developed, or redeveloped and no site plan approvals, rezonings,preliminary or final plattings or replattings,planned unit development, land divisions or consolidations, or building permits for residential development will be considered, approved or granted by the city. 3.02. Except as provided in Section 4, during the period this interim ordinance is in effect, no rezonings to any zoning classification (except for RR) allowing residential development will be considered, approved or granted by the city for any property in the city, and no buildin�permits for residential development will be issued for any property zoned BP-4 in the city. � Section 4. Exception. 4.01. Section 3.01 of this ordinance shall not apply to: a) developments or redevelopments which have secured all necessary approvals other than building permits; 2 • ORDINANCE NO. XXI.4 b) issuance of building permits for projects which do not require site plan approval; or � c) final plat or subdivision approval which have received preliminary plat approval prior to the effective date of this ordinance, provided all conditions of preliminary plat approval have been satisfied; or d) consideration of concept planned unit development proposals received before February 22, 1999 and final planned unit development applications for such proposals; provided, however, that the applicant state its understanding that it is at risk that official controls adopted at a later date will not allow development of the planned unit development as proposed; that no final planned unit development approval shall be granted and no platting based on such planned unit development will be considered during the term of this interim ordinance; and that the development of properties which are the subject of such planned unit development proposals must conform to all requirement of official controls adopted prior to the expiration of this interim ordinance except to the extent any nonconformity is explicitly authorized therein. Section 5. Effect on Pending Applications. 5.01. All applications subject to this moratorium which are pending or which are received during the time this ordinance is in effect shall be deemed to be denied for purposes of Minnesota Statues, Section 15.99. The City Administrator shall cause notification of such denial to be given to all applications stating the adoption of this ordinance as the reason therefor. Fees paid in connection � with such applications shall be returned or refunded to the applicant. Section 6. Effective and Termination Dates. 6.01. This ordinance shall be effective on the date following its publication. 6.02. This ordinance shall be repealed without further action by the City Council on February 23, 2000,unless earlier amended,repealed or extended by ordinance duly adopted by the City Council. Adopted this 23rd day of February, 1999. Cathy Busho, ayor ATTEST: Su an M. W sh, City Clerk Published this r�'day of C�, 1999 in the "Rosemount Town Pages." • 3 CITY OF ROSEMOUNT ORDINANCE NO.XXI.S AN ORDINANCE AMENDING ORDINANCE XXI.4 "An Ordinance for Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, Placing a Moratorium on Residential Development in the City of Rosemount" THE CITY COUNCIL OF THE CITY OF ROSEMOUNT,MINNESOTA, ORDAINS AS FOLLOWS: SECTION 1. Section 3.02 of An Ordinance for Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City,Placing a Moratorium on Residential Development in the City of Rosemount, adopted February 23, 1999, is hereby amended to include: 3.02. Except as provided in Section 4, during the period this interim ordinance is in effect,no rezonings to any zoning classification(except for RR) allowing residential development and no guide�lan amendments to anv land use categories which include residential develc.�.�ment will be considered, approved or granted by the city for any property in the city, and no building pernuts for residential development will be issued for any property zoned BP-4 in the city. SECTION 2. This ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED this 6th day of April, 1999. CITY OF ROSEMOUNT Cathy Bus ,Mayor ATTEST: ;� Sus M. 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