HomeMy WebLinkAbout8.b. Pulte Homes Final Planned Unit Development, Preliminary Plat, RezoningCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: September 2, 1997
AGENDA ITEM: Pulte Homes Final Planned Unit Development,
AGENDA SECTION:
Preliminary Plat & Rezoning
New Business
PREPARED BY: Dan Rogness, Community Development Dir.
AGENDA KDP M#8 B
APPROVED BY:
ATTACHMENTS: Tree Preservation Memo, Draft Ordinance and
Resolution, Plan Reductions, PC minutes (8-
12-97), PC & Public Works review memos
Applicant:
Location:
Property Owners:
Development Data:
Current Zoning:
Requested Zoning:
Comp. Guide Plan:
Planning Com. Action:
SUMMARY
Pulte Homes of Minnesota, Inc.
Outlots B & C, University Addition between CSAH 42 and Biscayne Way.
Basic Builders Inc. & Springbrook Corporation.
56 detached units, 72 attached units(club homes) on 35.18 acres at an overall
density of 3.58 dwelling units per acre.
R-2, Single Family attached Residential (Outlot B); IP, Industrial Park (Outlot Q.
R-2, Single Family attached Residential overall.
UR, Urban Residential.
Affirmative recommendation for both the rezoning and the PUD final plan /
preliminary plat
Mr. Gary Grant of Pulte Homes has requested approval of a PUD final development plan, preliminary plat and
rezoning for the former University of Minnesota property based upon the concept that was approved on
September 17, 1996. The new plan eliminates a twin home element contained in the concept and concentrates
on "detached townhomes" (small homes on fifty foot lots), and "club homes" (single level townhomes typically
in unit clusters of four).
On August 12, 1997, the Planning Commission conducted a public hearing as required and received comments
from residents of the neighborhood. Several residents were concerned about the spacing between the units,
berms and landscaping, and the transition to townhouse housing types. Speculative comments were made about
property values, appreciation and comparisons with traditional single family detached housing. The impact of
the anticipated tree removal also generated concern. Several comments in favor of the development were also
received. After considerable discussion regarding strict adherence to the tree preservation ordinance, building
setbacks and street alignment; the Planning Commission unanimously recommended in favor of the rezoning
and the PUD final plan / preliminary plat. Additional discussion of the Tree Preservation ordinance including
the City Attorney's recommendation is provided in the attached memo.
RECOMMENDED ACTION:
Motion to adopt an ordinance rezoning Outlot C, University Addition to R-2, Single Family Attached
Residential; ;u` -,CIO-T-1.-t-\
- and -
Motion to adopt a resolution approving the planned unit development final plan and preliminary plat for Pulte
Homes of Minnesota.
COUNCIL ACTION:
MEMORANDUM
TO: Mayor, City Council members
FROM: Rick Pearson, City Planner
DATE: August 28, 1997
RE: Pulte Homes "The Enclave" Tree Preservation Ordinance Implementation
On August 12, 1997, the Planning Commission adopted a motion to recommend approval of the
Pulte Homes PUD final development plan called "The Enclave" with conditions. During and
after the public hearing, the potentially enormous numbers of replacement trees associated with
the implementation of the tree preservation ordinance was extensively discussed by the
Commission, Developer and Staff. However, no alternatives were included in the resulting
Planning Commission recommendation of approval. The Developer has requested that several
considerations be made by the City Council relative to the replacement requirements specified by
the ordinance. The City Attorney has reviewed the situation and has advised staff to consider a
reasonable approach that does not mandate off-site replacement plantings. As a result, Staff is
offering further analysis and implementation options for the Council's consideration.
Existing Trees
The trees consist of primarily Jack Pines arranged in a double shelter belt with very tight spacing
intervals. Many of the trees are six to eight feet apart which is less than half the appropriate
spacing for the trees in their mature form. Generally, the pines are in obvious decline, having
reached their maximum growth potential and are suffering from nutrient competition as a result
of the tight spacing. The lack of vegetation in the interior of the tree stands result from shade
intolerance. Jack Pines are native to northern Minnesota and are often found in swampy boreal
forests, typically north of the deciduous "big tree" forests. The development area in Rosemount
is more likely to consist of oak savanna and short grass prairie ecosystems. The small number of
Box Elder, Cottonwood, Elm and a few Oak saplings observed are more likely to be naturally
occurring than the Jack Pine in the absence of agricultural cultivation.
Tree Preservation
The Planning Commission review memo for August 12, 1997 discussed the significant tree
replacement requirement based upon a rather strict interpretation of the ordinance. Flexibility
with interpretation may be necessary in light of the City Attorney's opinion of this first
application of the tree preservation ordinance standards. In essence, the 1900 trees required
would more than cover the entire site if properly spaced, thus eliminating the ability to
reasonably develop the site. The strategy of planting trees off-site under the direction of staff
was a good idea until recently reviewed case law revealed that a direct connection or "nexus" is
required between the off-site tree plantings and the Pulte development. This means that it might
be acceptable if some trees are planted in Biscayne Park a few hundred feet away. However,
requiring the developer to plant large numbers of trees across town would probably be
indefensible in court if challenged. These discussions have resulted in the following three
apparent options.
Option #1, 4:1 Replacement of Individual Significant Trees
Strict interpretation and implementation of the ordinance based upon the four per one
replacement requirement with consideration given to the relative quality of the existing trees.
This means that of the 1,500 existing trees, a 25% credit is automatically applied for grading,
drainage, utilities, etc. Another credit for the relative quality or health of the trees is applied.
The original staff assessment of 30% credit for unhealthy or declining trees may be low. If 50%
is used, the replacement number still reaches 1,300 which would cover over 22 acres of the 35
acre property with trees. This method of calculation would be considered as a "taking" by the
developer.
Option #2, Woodland Replacement in Area
The ordinance actually requires that the square footage of woodlands be replaced as an
alternative to counting individual trees in densely wooded areas. This solution is the most
practical approach. Crediting the shelter belt massings as a woodland results in a massing of
177,670 sq. ft. of woodland in addition to isolated trees beyond the massings that would utilize
the formula in option #1 above. Given a reasonable 750 sq. ft. of area for each tree, the required
replacement is 237 trees for the woodland replacement requirement. The replacement
requirement for the individual or "isolated trees" is 92, based upon a 2:1 or 4:1 replacement ratio
as required. The resulting total replacement requirement is 329 trees.
Option #3, Modify the Ordinance
The City Attorney suggested that a ceiling for replacement requirements should be considered in
order to avoid a developer's claim for a "taking". The common sense approach is to ensure that
the intent of the ordinance is implemented without exacting a punitive replacement requirement
which precludes any development. Lacking the ability to purchase all of the wooded
developable land within the city results in the attorney's strong recommendation to pursue option
#2 for the Pulte Homes proposal, and utilize that strategy in all cases until such time as the
ordinance may be modified.
RECOMMENDATION
Staff is recommending the second option is most appropriate implementation of the tree
preservation ordinance relative to the Pulte Homes proposal. Pursuant to the abovementioned
Option 92, the tree replacement requirement for the Pulte Homes "The Enclave" is 329 trees in
addition to the normal requirement for R-2, Single Family attached Residential District. This
calculation is based upon shade trees only. Staff will calculate the areas of evergreen and
ornamental trees for a comparison to the Pulte landscape plan in time for Tuesday's meeting.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1997-
A RESOLUTION APPROVING THE
FINAL PLAN AND PRELIMINARY PLAT
FOR PULTE HOMES OF MINNESOTA
WHEREAS, the City of Rosemount received an application for approval of the Pulte Homes
of Minnesota final plan and preliminary plat for "The Enclave;" and
WHEREAS, on August 12, 1997, the Planning Commission of the City of Rosemount reviewed
the final plan and preliminary plat and recommended approval subject to conditions; and
WHEREAS, on September 2, 1997, the City Council of the City of Rosemount reviewed the
final plan and preliminary plat of Pulte Homes of Minnesota for "The Enclave."
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the final plan and preliminary plat for "The Enclave" submitted by Pulte Homes
of Minnesota, subject to:
1. Rezoning Outlot C, University Addition to R-2, Single Family attached Residential.
2. Conformance with zoning and subdivision requirements for a PUD agreement and
platting requirements.
3. Park Dedication in the form of cash based upon 1997 fee resolution, ($900 per unit)
estimated to be $115,200.00 as well as incorporating recommendations from the Park and
Recreation Committee regarding sidewalks, trails and private recreational amenities.
4. Execution of a subdivision agreement to secure public infrastructure and including
recommendations relative to grading, utilities, easements, rights-of-way, ponding, streets
and public infrastructure requirements as recommended by the Public Works Department.
5. Incorporation of recommendations relative to County State Aid Highway 42 by the
Dakota County Plat Commission.
6. Developer must make payment to the City at the time of final plat for the following items:
a. Preliminary payment for future improvements to 145th Street West, including street
and trail estimated at this time in the amount of $50,812.80;
b. Preliminary payment for future trunk watermain improvements on 145th Street West
estimated at this time in the amount of $10,251.00;
C. 1997 Storm Sewer Trunk Area Charges at $2,530 per acre which is estimated at this
time in the amount of $89,056 (Based upon 35.2 acres); and,
d. 1997 Geographic Information System (GIS) fees at $50 per lot/unit estimated at this
time in the amount of $6,400 (Based upon 128 units).
7. Implementation of the Tree Preservation Ordinance in accordance with the woodlands
replacement mechanism, as detailed in the Tree Preservation Ordinance.
Resolution 1997 -
ADOPTED this 2nd day of September, 1997 by the City Council of the City of Rosemount.
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
Pulte Homes - University Addition
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Ordinance B, adopted September 19, 1989, entitled "City of Rosemount
Zoning Ordinance, " is hereby amended to rezone from IP, Industrial Park to R-2, Single Family
Residential Attached, the following described property located within the City of Rosemount,
Minnesota, to -wit:
Outlot C, University Addition, except that part of Outlot C, University Addition described
as follows: Beginning at the Southwest corner of said Outlot C; thence on an assumed
bearing of North 75 ° 1726" East along the Southerly line of said Outlot C 118.59 feet;
thence continuing along the Southerly line of said Outlot C along a tangential curve,
concave to the Northwest, having a central angle of 44022'04" 681.40 feet; thence South
56°25'02" West 735.61 feet; thence West 33.21 feet, more or less, to the West line of said
Outlot C; thence South 00'17'30" West along the West line of Outlot C 22.13 feet, more or
less, to the point of beginning, Dakota County, Minnesota.
Section 2. The Zoning Map of the City of Rosemount, referred to and described in said
Ordinance No. B as that certain map entitled "Zoning Map of the City of Rosemount" shall not
be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said
zoning map on file in the Clerk's office for the purpose of indicating the rezoning hereinabove
provided for in this Ordinance and all of the notation references and other information shown
thereon are hereby incorporated by reference and made a part of this Ordinance.
Section 3. This ordinance shall be effective immediately upon its passage and publication
according to law.
ENACTED AND ORDAINED into an Ordinance this 2nd day of September, 1997.
CITY OF ROSEMOUNT
ATTEST:
Cathy Busho, Mayor
Susan M. Walsh, City Clerk
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Planning Commission
Regular Meeting Minutes
August 12, 1997
Page 4
tersection spacing of future Countv Road 46 by the Dakota County Plat Co ston. 3)
Dev er must make payment to the City at final plat for: a) 1997 S runk Area Charges at
$2,000 pe e which is estimated at this time in the amount o ,000 (Based upon an estimated
20 acres); b) 199 S fees of $50 per lot/unit estimated e S1,950 (Based upon 39 units);
c) Preliminary payment future street, trail and ted improvements to 160th Street West,
estimated at this time in the a t of 169 4) Conformance with applicable engineering,
subdivision and zoning requirements UD final development plan review and platting. 5)
Sufficient screening provided Q 160th t West/County Road 46 to mitigate the effects of
traffic volumes generate a minor arterial highs 6) Park dedication will be in the form of
cash in the amou $35,100 (Based upon 1997 fee reso i n relative to 39 single family detached
lots). 7) C erting the "flag lot" and adjacent conventional lot t two 70' frontage lots along
Dan ' e Avenue. Seconded by Shoe -Corrigan. Ayes: Tentinger, Dros d Shoe -Corrigan.
ass: Weisensel. Nays: 0 Motion carried.
Public Hearing: The Enclave -Residential Final PUD, Preliminary Plat and
Rezoning
Chairperson Droste opened the public hearing for The Enclave -Residential Final PUD, Preliminary
Plat and Rezoning. The recording secretary has placed the Affidavit of Publication and Affidavit of
Mailing and Posting of a Public Hearing Notice on file with the City.
Mr. Pearson presented the application of Pulte Homes to develop the 35 acres formerly owned by
the University of Minnesota located between CSAH 42 and the Biscayne Way area. The concept
was previously approved for 126 units including detached, twinhome and townhome units. Pulte
Homes is proposing 56 detached townhomes and 72 rambler style townhouse units. The detached
townhomes border the existing neighborhood, providing a transition from detached to attached
dwellings. Density is less than 4 du/acre. The development has a public through street with two
cul-de-sacs which connects Biscayne Avenue and 145th Street. A second connection to Biscayne
Avenue is via a private street. Due to a pipeline easement, the through street is located in an area
which will result in significant tree loss. The developer has performed a tree inventory, and City
Staff has inspected the area to determine the extent of unhealthy trees. From this initial review, it
appears the developer's responsibility for tree replacement is 1,900 trees. The corner lots at the
entrances to the cul-de-sacs will require variances for 20' additional setback (rather than the required
30'). There is an issue with snow removal and storage and consideration could be given to grouping
or sharing driveways. Sidewalks or trails will be located on both 145th Street West and Biscayne
Avenue to provide pedestrian access to Biscayne Park. In addition, park dedication fees paid by the
developer will be used for improvements to Biscayne Park.
Commissioners discussed the tree replacement issue, suggesting that trees be planted elsewhere in
the City if there is limited space for plantings within the development. Trees must be replaced with
similar types of trees. The developer will be establishing a new shelter belt along CSAH 42.
Chairperson Droste opened the floor to the applicant.
Planning Commission
Regular Meeting Minutes
August 12, 1997
Page 5
Gary Grant, Vice President of Construction for Pulte Homes was present at the meeting. Mr. Grant
presented a history of the company. The targeted market for this development will be baby boomer
age and older.
Dennis Griswald was also present on behalf of Pulte Homes. Mr. Griswald indicated they are
attempting to save trees along Biscayne and some maples along 145th Street. A large number of
trees will be planted along the north perimeter of the property, together with berming. Plantings
will also be along CSAH 42 and the right-of-way easement, along Biscayne and 145th St. There
will be 722 trees planted, replacing existing trees which are near the end of their growth cycle.
Based upon their inventory, 650 trees will be removed. While a tot lot was recommended by the
City for the open space, the developer would prefer to put in a picnic area and gazebo, which would
more closely meet the needs of the potential buyers. The entire area will be governed by an
Association. The developer held a neighborhood meeting last week, which was attended by 5
residents.
Commissioner DeBettignies, addressing the snow removal and storage issue, asked why the through
street is not private and maintained by the Association. Mr. Pearson explained Public Works
recommended that, because the street connects two collector streets, it should be public. The street
will be built to standard width. 12 foot wide driveways are recommended in the cul-de-sacs.
Because the majority of the street is not double loaded, snow removal should be comparable to a
conventional street with driveways on both sides. The interior streets will be maintained by the
Association. Mr. Litterer suggested combining two driveways into one 24' wide driveway. Mr.
Grant indicated the developer prefers 16' wide driveways.
Commissioner Shoe -Corrigan expressed concern that snow buildup could cause visibility problems.
There was further discussion concerning application of the Tree Preservation Ordinance. Mr.
Pearson indicated he estimates 30% of the trees were past the growth cycle or unhealthy. Mr.
Pearson also indicated the tree ordinance was not in place when the concept was approved.
Commissioner Weisensel confirmed all structures will be slab -on -grade. Mr. Grant indicated the
potential buyer does not wish to incur the additional cost for a basement. All storage is in the
garage. No storage sheds are allowed.
Chairperson Droste opened the floor to the public.
Norman Timmer, 14625 Biscayne Way, indicated he has no problem with removal of the trees. He
feels they will be replaced with better plantings.
Marlin Rechtzigel, 14727 Clayton Avenue, claims the subject property was confiscated from his
neighbors for the war effort and was later sold to the University. Since then the property has been
contaminated by the University. This property should be turned back to the public. Although the
development appears to be a nice project, it should not be placed where the property owner was
forced to sell. Mr. Rechtzigel cannot sell his property because of the contamination, and now the
City is encouraging development of the property.
Planning Commission
Regular Meeting Minutes
August 12, 1997
Page 6
Scott Baldwin, 14555 Biscayne Way, disagrees on the tree issue, claiming the trees are 50 years old
and have created their own ecosystem. Mr. Baldwin further indicated the townhome units do not
appreciate in value like detached homes. The existing neighborhood has small children, which
would not mix with the proposed plan. The developer is cramming in too many lots. There are two
structures behind his home. There will be increased traffic to Biscayne Park and people will be
forced to walk on the street. Without basements under the units, there is a concern for shelter during
severe weather.
Paul Wrolstad, 14545 Biscayne Way, is concerned about the width of the lots. Traffic on 42 will
see it as single family detached homes, not townhomes, on very narrow lots. There is more than
30% coverage on these small lots. Mr. Pearson responded that the PUD R-2 requirements do not
require 30% coverage for twinhomes, and this issue does not come into play for the detached units.
Mr. Wrolstad was also concerned about the lack of shelter in severe weather.
Dean Carlson, 14699 Biscayne Way, favors the development. As long as the property has to be
developed, he would prefer to see this type of development occur.
Nancy Cisewski, 14675 Biscayne Way, asked how high the berms will be. The berms will be 2'-4'
with trees planted on top. Ms. Cisewski also wondered how this will affect their taxes. Mr. Pearson
indicated the County looks at an individual property and not adjacent properties when determining
taxes, and instructed Ms. Cisewski to verify this with the County Assessor's office. Ms. Cisewski
stated that, although she would prefer to see the property remain public land or have more open
space, the plan is acceptable.
Gale LaFavor, 14635 Biscayne Way, would prefer to see the homes further apart.
Katie LaFavor, 14635 Biscayne Way, asked how far the houses are from the rear property line. Mr.
Pearson indicated the detached dwellings have the same setback requirements as typical single
family lots. The homes are 30' from the rear property line.
Rhonda Baldwin, 14555 Biscayne Way, would like to see the developer work around the trees and
not disturb the wildlife. The lot sizes should blend with the existing neighborhood.
Marlin Rechtzigel, 14727 Clayton Avenue, restated his claim that this is stolen property. Anyone
involved in its sale is an accessory to the crime. The property should be public land. Mr. Pearson
explained to Mr. Rechtzigel that the issue before the Planning Commission is not the sale of the
land. The City has no authority over the transfer of ownership of land.
MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Droste, Shoe -
Corrigan, Weisensel, DeBettignies, and Tentinger. Nays: 0. Motion carred.
Commissioner DeBettignies addressed neighbors' concerns regarding severe weather shelter.
There are no state statutes which require the developer to provide shelters.
Planning Commission
Regular Meeting Minutes
August 12,1997
Page 7
There were further discussions concerning the streets. Mr. Pearson indicated the streets are aligned
for future expansion and designed to avoid offsetting intersections. 145th Street will be upgraded.
Additionally, new sidewalks will provide pedestrian access to the park.
Commissioner Tentinger asked whether the through street could be moved north, enlarging the
Outlot A area. Mr. Griswald indicated there would be a facility in the outlot area for the residents.
Back to back yards are more feasible. There is a possibility the road could be moved approximately
10' south. Commissioner Tentinger further asked if the developer would consider expanding the
lots wider. Mr. Griswald responded the tree situation reduces the buildable lots. To maintain
balance and project viability, wider lots are not possible. Mr. Pearson further indicated the building
mass will provide buffer to the existing neighborhood from CSAH 42.
Chairperson Droste pointed out the original concept allowed 126 units, the developer is proposing
128 units. If 2 units were dropped, 5' would be added to the lots. Mr. Grant indicated there is no
flexibility in lot reduction. Compared to existing developments in other cities of detached
townhomes, lots run 40'-50'.
Commissioner Shoe -Corrigan indicated she likes the concept plan. There is transition between the
existing homes and CSAH 42. She questions, however, the intentions of the developer as concerns
the tree replacement. The developer previously asked for flexibility in the replacement of trees.
The Tree Preservation Ordinance is fair, and the developer has a responsibility to the community to
follow the regulations. The developer should be given credit for unhealthy trees, to be determined
by Staff. She supports the plan, provided there is no compromise on tree replacement. If the
ordinance is not strictly followed, she will not support the concept plan.
Mr. Grant stated the developer will work with Staff to determine the number of unhealthy trees.
They asked for flexibility in that determination, not in compliance with the Tree Preservation
Ordinance.
Commissioner Weisensel noted this is the City's first experience with the Tree Preservation
Ordinance. Compliance must be scrutinized very carefully. He does not agreed with the slab -on -
grade and lack of demand for basements. Further, Commissioner Weisensel indicated it is not
unreasonable to drop three units from the plan to get wider lots for more green space.
Chairperson Droste also wants the tree ordinance followed.
Commissioner DeBettignies supports the plan and the landscape plan. Setbacks are close to what
you find in R-1, and the plan is more consistent in density with R-1 than standard R-2. There was
confusion regarding the side setbacks. The plans reflect 10' side yard setbacks, however, Mr.
Griswald explained the garage side has a 5' setback.
MOTION by DeBettignies to recommend that the City Council rezone Outlot C, University
Addition to R-2, Single Family attached Residential from IP, Industrial Park in conformance with
Planning Commission
Regular Meeting Minutes
August 12, 1997
Page 8
the Comprehensive Guide Plan. Seconded by Tentinger. Ayes: Shoe -Corrigan, Weisensel,
DeBettignies, Tentinger, and Droste. Nays: 0. Motion carried.
MOTION by DeBettignies to recommend that the City Council approve the Preliminary Plat and
PUD final development plan "The Enclave" requested by Pulte Homes subject to: 1) Rezoning
Outlot C, University Addition to R-2, Single Family attached Residential. 2) Conformance with
zoning and subdivision requirements for a PUD agreement and platting requirements. 3) Park
Dedication in the form of cash based upon 1997 fee resolution, (5900 per unit) estimated to be
$115,200.00 as well as incorporating recommendations from the Park and Recreation Committee
regarding sidewalks, trails and private recreational amenities. 4) Execution of a subdivision
agreement to securepublic infrastructure and including recommendations relative to grading,
utilities, easements, rights-of-way, ponding, streets and public infrastructure requirements as
recommended by the Public Works Department. 5) Incorporation of recommendations relative to
County State Aid Highway 42 by the Dakota County Plat Commission. 6) Developer must make
payment to the City at the time of final plat for the following items: a) Preliminary payment for
future improvements to 145th Street West, including street and trail estimated at this time in the
amount of $50,812.80; b) Preliminary payment for future trunk watermain improvements on 145th
Street West estimated at this time in the amount of 510,251.00; c) 1997 Storm Sewer Trunk Area
Charges at $2,530 per acre which is estimated at this time in the amount of $89,056 (Based upon
35.2 acres); and, d) 1997 Geographic Information System (GIS) fees at $50 per lot/unit estimated at
this time in the amount of $6,400 (Based upon 128 units). Seconded by Tentinger. Ayes:
Weisensel, DeBettignies, Tentinger, Droste, and Shoe -Corrigan. Nays: 0. Motion carried.
Chairperson Droste recessed the meeting for 5 minutes at 10:20 p.m.
nuc nearing: lvorthern States Power Company Substation Site PI n 8
Tran 'ssion Facility
Chairperson D to opened the public hearing for Northern States Power Com y Site Plan and
Transmission Facili The recording secretary has placed the Affidavit ublication and
Affidavit of Mailing and ing of a Public Hearing Notice on filSwrth the City.
Mr. Pearson presented the site plan fo electric<subsionubmitted by NSP. Additionally,
NSP is seeking a transmission facility perm Nroperty from Koch for construction
of the substation on 140th St. The substation irom the 140th St. East right-of-way.
There is 90% opacity screening, with 6'hi berhrubs. The site plan meets all
requirements. The transmission line vels along'Qht-of-way into the Koch facility.
Chairperson Droste opene(J--t< floor to the applicant. David Callahan a oe Mansur appeared on
behalf of NSP. Mr. ahan stated the purpose for this facility is to supply a 'tional service to the
Rosemount are rading will commence in the fall, with an estimated completion to of
December 98. The facility can be expanded if future demand requires it. Ultimate e. ansion is
for fo circuits. NSP will take out two circuits by 1999. There are long term plans for another
ion as a backup system.
TO:
FROM:
DATE:
RE:
CITY OF ROSEMOU NT
Everything's Coming Up Rosemount!!
Planning Commission
Rick Pearson, City Planner
August 6, 1997
CITY HALL
2875 - 145th Street West
Rosemount, MN
55068-4997
Phone: 612-423.441 1
Hearing Impaired 423-6219
Fax: 612-423-5203
Pulte Homes of Minnesota Planned Unit Development Final Plan and Preliminary
Plat Review
BACKGROUND
The Concept PUD was approved on September 17, 1996, originally requested by another
developer. Pulte Homes has come forward to pursue their interest in developing the property.
Subsequently, the Dakota County Highway Department purchased approximately one acre of
land along CSAH 42 near the eastern approach to Biscayne Avenue.
The concept approval was conditioned on:
1. Amending the Comprehensive Guide Plan to place the property within the MUSA. The
recent Comp. Guide Plan Amendment which expanded the MUSA included this property.
2. Rezoning the southerly 980 feet of the property to R-2, Single Family attached
Residential. A rezoning application is included with the current submission.
3. Provision of buffering or screening between the existing homes and the proposed
development. The grading plan indicates proposed berm ing and the landscaping plan
details screening plantings
4. Reduction of potential setback variances for dwelling units adjacent to the existing
neighborhood. The Plan submitted for Pulte Homes accomplished this objective.
5. Incorporation of recommendations relative to grading, street design and utilities by the
Public Works Department. The attached Public Works/Engineering memo details
specific issues and the attached recommendation is included as part of the recommended
action.
ACCESS & CIRCULATION
The dominant feature of this development is the through street that parallels Biscayne Way with
two of the three access points, connecting Biscayne Avenue with 145th Street West. This street
which includes two small cul-de-sacs will be a public street with 60 ft. right-of-way width.. The
remaining streets serving the townhouses will be private, consisting of a loop off of the through
street and two cul-de-sacs. A second connection to Biscayne Avenue occurs via this private
system. The curb cuts on Biscayne Avenue are in place as a result of the recent Biscayne
Pulte Homes "The Enclave"
August 12, 1997
Page 2.
Avenue improvements. These entrances align with the Eastbridge entrances, west of Biscayne
Avenue.
HOUSING CHARACTERISTICS
Detached Townhomes: These structures consist of two types, a two story and a single story
version with both being slab -on -grade. Both units have attached two car garages. Face brick is
used about the first floor front facade including entry areas and garages. Elsewhere, vinyl siding
is used.
Club home Townhomes: The attached single -level townhomes combine three different models
typically within four unit building clusters. The two interior units are unique with the end units
being "mirror -opposites". As above, face brick is proposed for the front facades, entry areas and
garage fronts. Also as above, all units have two car garages.
All of the units have driveway parking infront of each unit. The club homes have twenty five
feet of driveway between the curb and the garages, and the detached townhomes have thirty feet
of front yard setback which includes driveways.
LANDSCAPING
Given the extent of the property covered by pipeline easements, landscaping is typically
concentrated about the outer edges of the development for buffering or screening purposes.
Additionally, each detached townhouse unit has a boulevard tree within the lot frontage. The
club homes have at least one tree per unit mixed between boulevard, back yard shade, and
ornamental or screening trees. Foundation plantings will also be provided.
TREE PRESERVATION
The proposal presents the first application of the tree preservation ordinance to a property that
has large numbers of significant trees that will be removed if the development is approved.
Large numbers of pines have been planted in what appears to be a multiple layered shelter -belt.
The uniformity of age, size, spacing and species supports a conclusion that few if any of the
plantings are naturally occurring. Because of the shelter -belt pattern, the trees are generally too
close together with nutrient competition as the result. The pines are generally not shade tolerant
which results in the lack of leaves or needles in the interior of the tree stands. However, in spite
of the origin or purpose of the trees, they still provide a very attractive amenity for the area if not
the type of wildlife habitat usually created by more diverse and naturally occurring woodland.
The intent of the ordinance is to discourage removal of significant trees and woodlands with
strong replacement requirements. Unfortunately for the Developer, the irregularity of the
Pulte Homes "The Enclave"
August 12, 1997
Page 3.
property shape and the pipeline easements place the only public through -street location directly
upon the shelter -belt location. As a result, only approximately ten percent of the estimated 1,500
trees on the site may be spared.
While the overall density of the development is relatively low, almost all of the land outside of
the pipeline easements is affected because of the housing pattern. Except for reducing the
density, concentrating units by stacking at the same overall density is the only way to save
additional trees. Furthermore, no trees would be saved by a shift to a conventional R-1, Single
Family detached pattern because of the right-of-way location.
In any event, a conservative estimate of the additional trees required of the developer is over
1,900 trees. Most of the trees are considered significant and require four trees to be planted to
replace significant coniferous trees exceeding 12 ft. in height. This number allows a credit for an
initial 25% reduction because of drainage, utilities and right-of-way needs allowed by the
ordinance. In addition, a credit of 30% is given for the interior trees greatly denuded of
vegetation deemed to be "unhealthy". Last (but not least), another credit was given for the
almost 600 trees proposed by the developer in the landscaping plan which exceeds minimum
requirements. The tree preservation ordinance does provide an alternative means of calculating
the replacement requirement in the case of woodland replacement. The square footage of the
woodland area can be calculated and replaced on a "one per one" basis. Typically, trees would
not be planted as close together as they have been in this shelter -belt, thus reducing the nutrient
and sunlight competition amongst the replacements. Staff will have comparisons available for
discussion at Tuesday's meeting.
Various options for tree preservation were discussed between staff and the developer. Pockets
and edges of existing trees, at a minimum were identified as important and feasible. The
developer may provide additional information regarding additional efforts to preserve existing
trees. Due in part to the approved concept plan and site constraints, however, the replacement
penalty is being chosen by the developer.
OTHER CONSIDERATIONS
Four variances have been identified, one on each corner lot at the entrances to the two cul-de-
sacs in the detached townhome area. The street -side side lots are shown with twenty foot
setbacks instead of the standard thirty feet. Variances can be granted via the PUD process based
upon findings (see attached).
The Park and Recreation Committee will recommend that sidewalks or trails be located on both
145th Street West and Biscayne Avenue to provide pedestrian access to Biscayne Park which is
the designated neighborhood park intended to serve this development. In addition, a sidewalk
Pulte Homes "The Enclave"
August 12, 1997
Page 4.
will be located on one side of the through -street for pedestrian access to both Biscayne Avenue
and 145th Street West. In addition, a private tot lot is recommended for the proposed Outlot A.
SUMMARY
The PUD final development plan and preliminary plat offers an apparently high quality single
level townhome project intended for "empty -nesters" (or active adults) coupled with a new
housing type to Rosemount, detached townhomes. The arrangement offers a transition of
housing types with the detached units separating the existing single family neighborhood from
the attached townhome area. Although new to Rosemount, Pulte Homes has a reputation for
quality product. The development site challenges the developer with an irregular shape, few
alternatives for street design and lastly, pipeline easements along the longest contiguous outer
edge of the property. Strict adherence to the tree preservation ordinance replacement
requirements may be difficult for the developer to accept. The Planning Commission may
consider offering a separate recommendation to the City Council regarding possible alternatives
after discussion.
RECOMMENDATIONS
Motion to recommend that the City Council rezone Outlot C, University Addition to R-2, Single
Family attached Residential in conformance with the Comprehensive Guide Plan.
- and -
Motion to recommend that the City Council approve the PUD final development plan and
preliminary plat for the Pulte Homes "The Enclave" development subject to:
1. Rezoning Outlot C, University Addition to R-2, Single Family attached Residential.
2. Conformance with zoning and subdivision requirements for a PUD agreement and
platting requirements.
3. Park Dedication in the form of cash based upon 1997 fee resolution, ($900 per unit)
estimated to be $115,200.00 as well as incorporating recommendations from the Park and
Recreation Committee regarding sidewalks, trails and private recreational amenities.
4. Execution of a subdivision agreement to secure public infrastructure and including
recommendations relative to grading, utilities, easements, rights-of-way, ponding, streets
and public infrastructure requirements as recommended by the Public Works Department.
5. Incorporation of recommendations relative to County State Aid Highway 42 by the
Dakota County Plat Commission.
6. Developer must make payment to the City at the time of final plat for the following
items:
a. Preliminary payment for future improvements to 145th Street West, including
street and trail estimated at this time in the amount of $50,812.80;
Pulte Homes "The Enclave"
August 12, 1997
Page 5.
b. Preliminary payment for future trunk watermain improvements on 145th Street
West estimated at this time in the amount of $10,251.00;
C. 1997 Storm Sewer Trunk Area Charges at $2,530 per acre which is estimated at
this time in the amount of $89,056 (Based upon 35.2 acres); and,
d. 1997 Geographic Information System (GIS) fees at $50 per lot/unit estimated at
this time in the amount of $6,400 (Based upon 128 units).
DATE: 8-7-97
PUBLIC WORKS/ENGINEERING DEPARTMENT REVIEW FOR:
PROJECT NAME: The Enclave (East of Biscayne & North of County 42) CITY PROJECT NO. _
Proposed By: Pulte Homes of Minnesota Corporation Phone No. 405-6600
(N & A) 1355 Mendota Heights, Suite 300 Fax No. 405-6606
Mendota Heights, MN 55120
Type of Request: Preliminary Plat
The Following Conditions Must be Met for Approval of Final Plat
Execution of a subdivision agreement to secure public infrastructure and including recommendations
relative to grading, utilities, easements, right-of-ways, ponding, streets and public infrastructure
requirements as recommended by the Public Works Department;
2. Incorporation of recommendations relative to County State Aid Highway 42 by the Dakota County Plat
Commission; and
3. Developer must make payment to the City at the time of final plat for the following items:
a. Preliminary payment for future improvements to 145th Street West, including street and trail
estimated at this time in the amount of $50,812.80;
b. Preliminary payment for future trunk watermain improvements on 145th Street West estimated
at this time in the amount of $10,251;
C. 1997 Storm Sewer Trunk Area Charges at $2,530 per acre which is estimated at this time in
the amount of $89,056 (Based on 35.2 acres); and
d. 1997 Geographic Information System (GIS) fees at $50 per lot/unit estimated at this time in
the amount of $6,400 (Based on 128 units).
The following is a review by the Public Works/Engineering Department of the Preliminary Plat plans received
by the Public Works/Engineering Department on July 24, 1997. The street & utilities will have to be done as
a public improvement. The Developer can also petition for the site grading to be done as a public
improvement.
Grading/Drainage Facilities/Water Resources
Site drainage is generally from the northerly portion to the southerly portion of the site. Runoff from this site
would be directed by existing storm sewers to the pond on the north side of County 42 which is across the
road from the Rosemount Business Park.
Storm sewer stubs off a trunk storm sewer on Biscayne Avenue were provided to serve this development. The
City's 2nd Draft of the SWMP (2/97) indicates that no ponding is necessary on this site. Directing post
development runoff from this site to the County 42 ditch system is not desirable and could be prohibited by
the County or City.
The Grading Plan submitted in the preliminary plat package will be reviewed and comments sent to the
Developer and their consulting engineer.
No wetlands showed up on this property with the recent completion in this area of the wetland inventory.
The Enclave
g:\....\enclarl.wpd Page 1 of 3
Sanitary Sewer
It will be difficult to service the northerly portion of this development unless the structures are slab on grade
Existing ground elevations were obtained from a 1991 Dakota County topographical map. Ground elevations
range from 956' in the southerly one third of the property, 958' in the middle one third, and 960' in the
northerly one third. The best connection to existing sanitary sewer is at a manhole located on Biscayne
Avenue approximately 500' north of CSAH 42 with an invert elevation of about 941.0'. The review assumed
a sewer line would run northeasterly from this stub out for approximately 2,300' to a point about 150' south
of 145th Street West. A manhole about 150' south of 145th Street West would have an estimated invert
elevation of 951.0'. The existing ground elevation in this area is 960'.
A twelve -foot difference in elevation between the ground and sanitary sewer invert is desirable for typical
homes with basements which lead to the conclusion that slab on grade structures would be best suited for the
northerly portion of the development.
Any septic systems on this property should be abandoned per code prior to any grading on the site
Watermain
The minimum watermain diameter is 8" for residential property. The watermain in the development will need
to be looped between the existing 16" watermain on Biscayne Avenue and a future watermain on 145th Street
West. The trunk watermain improvement on 145th Street West is proposed to be constructed with the 145th
Street West improvements which are tentatively scheduled for next year.
Any wells on this property should be identified and sealed per code. If already sealed, paperwork should be
submitted showing proof of closure.
Streets
The proposed Public Street intersection with Biscayne Avenue needs to align with Bloomfield Path in the
proposed Eastbridge Addition.
City staff prefers that the street connecting 145th Street West and Biscayne Avenue be a public street. The
northerly and westerly cul-de-sac streets are also preferred to be public streets. It is assumed that the
Developer would like the remaining streets to be private. If this assumption is incorrect then it will be
requested that these streets be constructed to public street requirements.
The reconstruction of 145th Street West from Brazil Avenue to County 42 is tentatively scheduled to begin
next year.
In this development, a maximum driveway width of 12' will be allowed in the public right-of-way per building
unit. A maximum driveway width of 24' in the public right-of-way will be allowed if two building units share
a driveway. Staff would like to meet with the developer to review driveway locations on the cul-de-sacs,
mailbox locations, and new tree locations.
Walks & Trails
Staff has identified that a 8' wide bituminous trail will be constructed with the 145th Street construction work
which is scheduled for next year. Staff has also identified the construction of an 8' trail along the east side
of Biscayne Avenue which shall be constructed with other development improvements.
A 5' sidewalk is proposed to be constructed along the south side of the proposed public street from Biscayne
Avenue to 145th Street.
The Enclave
g:\....\enclarl .wpd Page 2 of 3
Easements & Right -of -Ways
The developer will need to incorporate recommendations made by the Dakota County Plat Commission which
are relative to County State Aid Highway 42.
Fifty (50') feet of half right-of-way needs to be dedicated for Biscayne Avenue and the proposed trail to be
constructed along the east side of this street. Fifty (50') feet of half right-of-way needs to be dedicated for
145th Street.
Drainage & Utility easements will need finalizing prior to finalized utility plans.
Private Utilities
This area will be provided electrical power by Northern States Power, phone service by Frontier
Communications, gas service by Peoples Natural Gas, and cable television by Marcus Cable.
Street lights will be provided by the developer as determined by the City and Northern States Power. A shoe
box style street light will be requested at the public and private street intersections with Biscayne Avenue and
145th Street West besides the normal street light installations.
Construction
The City has adopted a policy for the public construction of all future publicly owned facilities. The Developer
has the choice of City financing or private financing of these improvements per the adopted policy. A petition
can be obtained from the Public Works Department.
Fees & Assessments
Developer must make payment to the City at the time of final plat for the following items:
Preliminary payment for future improvements to 145th Street West, including street and trail
estimated at this time in the amount of $50,812.80;
b. Preliminary payment for future trunk watermain improvements on 145th Street West estimated
at this time in the amount of $10,251;
1997 Storm Sewer Trunk Area Charges at $2,530 per acre which is estimated at this time in
the amount of $89,056 (Based on 35.2 acres); and
d. 1997 Geographic Information System (GIS) fees at $50 per lot/unit estimated at this time in
the amount of $6,400 (Based on 128 units).
The preliminary payment for future improvements to 145th Street West is based on the 1997 multi -family
residential rate of half a street at $53.20 per foot for 804 lineal feet. It also includes $10 per lineal foot for
future trail construction on 145th Street West.
The preliminary payment for future trunk watermain improvements on 145th Street West is based on the 1997
residential rate of half an 8" watermain at $12.75 per foot for 804 lineal feet.
The Enclave
g:\....\enclarl.wpd Page 3 of 3
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1996- 78
A RESOLUTION APPROVING THE CONCEPT
PLANNED UNIT DEVELOPMENT
FOR BASIC BUILDERS, INCJU OF , -*I SITE
WHEREAS, the City of Rosemount has received an application from Basic Builders, Inc. for
approval of a concept planned unit development on 36 acres of land owned by the University of
Minnesota;
WHEREAS, on August 27, 1996, the Planning Commission of the City of Rosemount conducted a
public hearing to review said concept planed unit development and directed City Staff to prepare
findings in support; and,
WHEREAS, on September 10, 1996, the Planning Commission of the City of Rosemount reviewed
said findings prepared by City Staff and recommended approval of said Concept Planned Unit
Development subject to five (5) conditions.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the concept planned unit development, attached hereto as Exhibit "A", subject to:
1. Approval of an amendment to the Comprehensive Guide Plan by the City Council and
the Metropolitan Council to include the property in the MUSA.
2. Rezoning the southerly 980 feet of the property to R-2 Single Family Attached
Residential from IP Industrial Park.
3. Concept refinement including the provision of buffering or screening along property
line adjacent to blocks 1 and 2, University Addition.
4. Reduction of proposed setback variances adjacent to blocks 1 and 2, university
Addition.
5. Incorporation of recommendations relative to grading, street design and utilities by
the Public Works Department.
ADOPTED this 17th day of September, 1996
G
Cathy Bushc, Mayor
ATTEST:
Susan M. alsh, City Clerk
Motion by: Anderson Seconded by: Edwards
Voted in favor: Anderson, WipDerma nn, Busho, Carrot I, Edwards.
Voted against: None.
Member absent: N o n e .