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Home My WebLink About8.a. Biscayne Pointe Preliminary Plat; Heritage Development ' CITY OF ROSEMOUNT ' EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: June 3, 1997 AGENDA ITEM: Biscayne Pointe Preliminary Plat; Heritage AGENDA SECTION: Development Old Business PREPARED BY: Dan Rogness, Community Development Dir. AGEND ATTACHMENTS: Preliminary Plat, Draft Resolution, draft APPROVED BY: ordinance, 7-2-96 City Council and 6-11-96 Planning Commission Meeting minutes y�--� / Applicant: Tom Bisch, Heritage Development Location: East of Biscayne Avenue(across from Nat. Guard OMS facility); North of Rail road and CMC Heartland "B Site"; 'h mile south of Bonaire Path Properry Owner(s) Thomas Corrigan Area in Acres: 61.8 acres Number of Lots: 145 Single Family detached Overall Density: 2.34 dwelling units per acre Comp. Plan Land Use Desig.: Urban Residential (phase II MUSA recently approved by Met Council) Current Zoning: Agriculture Requested Zoning: R-1, Single Family detached Residential SUMMARY Heritage Development is requesting approval of the attached preliminary plat called Biscayne Point. The original Biscayne Pointe preliminary plat proposed by another developer had been tabled by the City Council on July 2, 1996 because it was not yet within the Metropolitan Urban Service Area(MUSA). The property is now within the MLISA, but the original developer assigned its interest to Heritage Development in the interim. Heritage Development has modified the preliminary plat to include approximately two acres of land for park development consistent with the Parks and Recreation Committee recommendation. Additionally, 5taff recommendations regarding minor street design modifications have been incorporated in the preliminary plat. The net result is a reduction of ten lots and the creation of a cul-de-sac at the e�rtreme eastern end of the plat which also responds to some of the Planning Commissioner's concerns regarding the original preliminary plat stated at the public hearing conducted on June 11, 1996. RECOMMENDED ACTION: Motion to adopt a resolution approving the preliminary plat for Biscayne ' Pointe; -and- Motion to adopt an ordinance rezoning the property to R-1, Single Famil detached Residential. CITY COUNCIL ACTION: i � � , ��' . ,�, �- �s��w�rr�a � � � 1 � � �� 8 � � � rr a:i ua. 1 � � 1� Y �0 C r �► 5 � 3 � � / . ni �ra. �/ .�--� � � r � P� � / r � ..m...m.mo�-,on e ..u.. � K.. * �� w r. • �m � K .�w�. 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I . �Y�r i�Pi.�� . . w�+�+�a..-a..rea �� ao�anN oir�. � .�,.�"r wr�i r m —• HEAITAOE DEVELOPIENT � wa �� ROBE RN.o..r wo anaa. � ---- NGINEERING "' '°°E"`r co""TM"°"°° '"'"' � COMPANY, INC. ��' x� �P""'�""°677 �"�� PRELIMINARY PLAT �_�aoe wr „w� .n�xr� .wM.ic woer� .m, n„u-aom s � CITY OF ROSEMOUNT DAKOTA COUNTY,MINNESOTA RESOLUTION 1997- A RESOLUTION APPROVING THE PRELIMINARY PLAT I FOR BISCAYNE POINTE I WHEREAS,the City of Rosemount received an application for approval of the Biscayne Pointe ', preliminary plat; and , WHEREAS, on June 11, 1996, the Planning Commission of the City of Rosemount reviewed the Biscayne Pointe preliminary plat and recommended approval subject to conditions; and ' WHEREAS, on July 2, 1996, the City Council of the City of Rosemount indefinitely tabled action regarding the preliminary plat by Biscayne Pointe because the property was not within the Metropolitan Urban Service Area; and WHEREAS,Heritage Development purchased the plans from the original developer, Render- Putnam-Prins Partnership, and has asked that the City Council of the City of Rosemount remove the Biscayne Pointe preliminary plat from the table for final disposition. NOW, THEREFORE,BE IT RESOLVED,the City Council of the City of Rosemount does hereby approve the Biscayne Pointe preliminary plat subject to: 1. Incorporation of recommendations relative to gading, utilities and easements identified by the Public Works Department; 2. Incorporation of recommendations relative to the Parks and Recreation Committee for park dedication, sidewalks and trail linkages; 3. Rezoning of the preliminary plat area to R-1 Single Family Residential (Detached); and 4. Conformance with the subdivision ordinance requirements for final plat approval including execution of a development agreement to secure the public improvements, landscaping and potential future phasing considerations. ADOPTED this 3rd day of June, 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 CTTY OF ROSEMOUNT ZONING ORDINANCE '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 AG, Agricultural to R-1, Single Family Residential(Detached), the following described property located within the City of Rosemount, Minnesota, to-wit: All that part of the Northwest Quarter of Section 28, Township 115, Range 19, lying northerly of the right of way of the Chicago Rock Island and Pacific Railway Company as located across said premises, all according to the Government Survey thereof, Dakota County, Minnesota. Section 2. The Zoning Map of the City of Rosemount, refened to and described in said Ordinance No. B as that certain map entitled"Zoning Map of the City of Rosemount" sha11 not be republished to show the aforesaid rezoning, but the Clerk sha11 appropriately mark the said zoning map on file in the Clerk's of�ice for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and a11 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 3rd day of June, 1997. CITY OF ROSEMOUNT Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Published in the Rosemount Town Pages this day of , 1997. ROSEMOUNT CITY PROCEEDINGS � REGULAR VIEETING 1 JITLY 2, 1996 ' environmental impact; the style of the tower would be a lattice tower; Koch Refining is not an acceptable site because it is not easily assessable; the Connemara Water Tower is an acceptable site; signals must have a clear"line of sight" to transmit; and signals cannot be intercepted to ' listen in on private conversations. Council consensus was that substantial portions of the Zoning Text Amendment had been changed and that another Public Hearing at the Ptanning Commission would be in order to provide opportunity for comment by the public. City Attorney LeFevere noted that the City has the initial right to an extension of sixty days when ample reason exists. This would be scheduled for the August 13th Planning Commission meeting with recommendations coming back to City Council on August 20th. Wolff requested City Council to reconsider the tabling of the zoning amendment because of the time delay and the desire of his clients to have their communication service working by (ate fall. Council consensus was to wait for a public hearing and send a sixty day extension letter. MOTION by Busho to table the Zoning Text Amendment regulating Commercial Use Antenna Towers until a public hearing can be heard at the Planning Commission and direct staff to send a sixty day extension letter to the TEA Group, representing APT (American Portable Telecom). Second by Edwards. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Community Development Director Rogness presented the preliminary plat for Biscayne Pointe being developed by Render, Prins and Putnam. This area is north of 145th Street West on the east side of Biscayne Avenue, north of the railroad tracks. There were no variances required. Because this area is not in the Metropolitan Urban Service Area(M[JSA) a Comprehensive Guide Plan Amendment will be required to accelerate the expansion of the MUSA for sewer service to this development. MOTION by Wippermann to indefinitely table action regarding the preliminary plat and rezoning for the Biscayne Pointe residential proposal pending the implementation of a Comprehensive Guide Plan Amendment to include the property in the MUSA as approved by the Metropolitan Council and completion of the preliminary plat requirements. Second by Carroll. Councilmember Edwards pointed out that the intention is not to"indefinitely" table and requested to strike it from the motion. Wippermann agreed to a friendly amendment to the motion. The motion was amended as follows: MOTION by Wippermann to table action regarding the preliminary plat and rezoning for the Biscayne Pointe residential proposal pending the implementation of a Comprehensive Guide Plan Amendment to include the property in the MLTSA as approved by the Metropolitan Council and completion of the preliminary plat requirements. Second by Canoll. Ayes: Anderson, Wippermann, Busho, Canoll, Edwards. Nays: None. Motion camed. 2 � ROS�VIOUNT CI'TY PROCEEDINGS REGULAR MEETING ,TULY 2, 1996 - MOTION by Anderson to direct staffto get a sixty day extension for the preliminary piat and rezoning request for Biscayne Pointe. Second by Carroll. Ayes: Wippermann, Busho, Carro�l, I Edwards, Anderson. Nays: None. Motion carried. Community Development Director Rogness reviewed Shannon Pond East Final Plat and Rezoning. The lst Phase of the 38 acre site will have 40 single family residential detached lots. The developer is Jim Allen of Hampton Development. The Planning Commission recommended that Outlot A, a ponding area, be absorbed by the adjacent lots resulting in larger building pads and eliminating several variances. Sta.i�and Ciry Council agreed. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR SHANNON POND EAST�iDDITION. Second by Busho. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. MOTION by Wippermann to adopt AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE rezoning Shannon Pond East Addition from AG- Agriculture to R-1, Single Family Detached Residential. Second by Edwards. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Public Work Director/City Engineer Osmundson introduced a Public Improvement Policy in which the City would require all developers to utilize the City Staff and its designated consultants to provide the engineering design and construction engineering of all newly installed public streets and utilities. This will provide a higher quality control and prevent"fix up" problems later on. It will also insure consistency with the e�sting utility systems and its comprehensive plans for storm sewer, sanitary sewer, water distribution and transportation systems. Council discussed options. Jim Allen, Hampton Development, noted that assuredly the developer does not like to give up any control, but the cost and liquidated damages will be the same for any contractor. City Administrator Burt said that better quality now will reduce repairs in the future which will be a long term savings. Edwards noted, "why not build it right the first time?" MOTION by Wippermann to adopt A RESOLUTION ADOPTING AN IlVIPROVEMENT POLICY FOR PUBLIC INFRASTRUCTURE INSTALLATION. Second by Edwards. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Mayor Busho reminded Council and audience of the AMM Legislative Policy meeting on July 18; the Rosemount Fire Department will be at the Apple Valley 4th of July Parade; and remember to plan for events for our annual Leprechaun Days celebration July 21 - 28, 1996. 3 Regular Planning Commission vlreting Proceedings June i l,1996 Page 4 The Commissioners and Staff discussed the following: (1) possible MUSA expansion and the effect on future development; (2) sunounding land uses; (3) bike trails and walk paths connecting to the downtown area; (4) safety concerns with circular streets and intersections; and (5) setbacks. Member DeBettignies stated that he likes this proposal but is"not sold" that people will buy these small lots. He felt that more information and discussion was needed before a decision could be made. Mr. DeBettignies also requested the name and location of a similar development so that he could either visit the site or talk to the Homeowner's Association. Other Commissioners stated that they too would like this information. Member Tentinger stated that he has a problem with the road system as he believes it is not practical; however, overall he likes the concept. Member Shoe-Corrigan stated that she was in favor of the clustering of the homes, life-cycle housing, smaller lots and the open space areas. She would like to visit a similar development and see more pictures and examples of a"neotraditional" development. Ms. Shoe-Corrigan also requested that the applicant address Staff's concerns and Mr. Leon Flach's concerns which he stated in his letter to the Planning Commission. Chairman Droste stated that he would like to see examples of a flat area of land, similax to the proposed site, that were developed as"neotraditional." Even through he basically likes the design, he stated that he is struggling with some concerns such as the neighboring railroad and the footprints for I neighborhood 2 and 3. � MOTION by DeBettignies to table action regarding the Concept Plan until the Developer provides '', additional information to support the second and fourth findings required of Section 12.2 D of ' Ordinance B of the City of Rosemount Zoning Ordinance. Seconded by Shoe-Corrigan. Ayes: Shoe- Corrigan, DeBettignies, Tentinger and Droste. Nays: 0. Motion passes 4-0. Public Hearing• Render-Putnam-Prins Partnershi�- Preliminary Plat/Rezonin� Chairman Droste opened the public hearing scheduled at this time to hear public testimony regarding the Render-Putnam-Prins Partnership Preliminary Plat/Rezoning application. The recording secretary has placed the Affidavit of Publication and Affidavit of Mailing and Posting of Public Hearing Notice on file with the City. Assistant Planner Pearson stated that the City has received a proposal from the Render-Putnam-Prins Partnership to develop approximately 62 acres of land east of Biscayne Avenue , north of the Dakota County Maintenance Facility and north of the railroad tracks for 155 single-family lots. Mr. Pearson briefly reviewed the Preliminary Plat and noted that there are no variances requested. He also stated that no park land is included with this proposal and the Park and Recreation Committee will meet to provide a recommendation in this regards. Mr. Pearson mentioned that a Planned Unit Development is not required because this Preliminary Plat is consistent with all City standards. Staff and Commissioners discussed the MUSA timeline availability. I , , Regular Planning Commission Meeting Proceedings June 11,1996 Page 5 Dick Putnam stated that he is 1 of 3 partners requesting approval of the rezoning and Preliminary Plat. He mentioned that this proposal meets all standards and is very straight-forward. NIr. Putnam stated that he understood the MIJSA issue; however, was still hoping to begin development this year. Terry Palmer, a representative of the National Guard, stated that they were concerned with the proposed zoning change. He stated that the OMS Facility and adjacent undeveloped land is west of this proposed development and they foresee this undeveloped land to eventually be used for parking their equipment. Mr. Palmer was concerned that the National Guard's uses be consistent with that of neighboring property owners. A discussion occurred regarding the OMS Facility. As there were no further comments from the audience, MOTION by DeBettignies to close the public hearing. Seconded by Tentinger. Ayes: DeBettignies, Tentinger, Droste and Shoe-Corrigan. ' Nays: 0. Motion passes 4-0. ', Member Shoe-Corri an commented that this was a good proposal; however, she was very concerned II g about some of the lots abutting the railroad tracks. She felt this was a serious safety issue. Assistant Planner Pearson mentioned that the lots abutting the railroad tracks do conform to the additional setback requirements for railroads. Member Shoe-Corrigan also expressed her concern that this development will not be integrated with the rest of the City. She stated that she would like to see a more creative design approach used for this piece of land. Mr. Putnam addressed Member Shoe-Corrigan's concerns. The Commissioners discussed fences, sidewalks and paxk issues. MOTION by DeBettignies to recommend approval of the preliminary plat for Biscayne Point to the City Council subject to: 1) incorporation of recommendations relative to grading, utilities and easements identified by the Public Works Department; 2) incorporation of recommendations relative to the Parks and Recreation Committee for park dedication, sidewalks and trail linkages; 3) adoption of a Comprehensive Guide Plan Amendment to place the 62 acre preliminary plat area in the Metropolitan Urban Service Area; 4)Rezoning of the preliminary plat area to R-1 Single Family Residential (Detached); and 5) conformance with the subdivision ordinance requirements for final plat approval including execution of a development agreement to secure the public improvements, landscaping and potential future phasing considerations. Seconded by Tentinger. Ayes: Tentinger, Droste and DeBettignies. Nays: Shoe-Corrigan. Motion passes 3-1. MOTION by DeBettignies to recommend that the City Council rezone the property to R-1 Single Family Residential Detached. Seconded by Tentinger. Ayes: Droste, Shoe-Corrigan, DeBettignies and Tentinger. Nays: 0. Motion passes 4-0. , MEMORANDUM TO: Mayor, City Council members F'ROM: Dan Rogness, Community Development Director DATE: June 3, 1997 RE: Sta.ff Recommendation for Biscayne Pointe Rezoning. A revised recommendation has been prepared for the Biscayne Pointe Preliminary Plat regarding the related rezoning. Staffhad originally recommended that the property be rezoned to R-1, Single Family detached Residential. This strategy would make it more dif�icult for a developer to obtain approval of higher density housing types in the event the preliminary plat was not approved or if a different proposal or application was made. In light of the"sixty day law" this might be a policy that the Council should consider in the future. However, previous practice had been to withhold rezoning until final plat approval occurs. This means that if something happened to the current developer, then the ne� one would be starting from the very beginning. Therefore, a revised executive summary has been prepared for the rezoning recommendation. CITY OF ROSEMOUNT � � EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: June 3, 1997 AGENDA ITEM: Biscayne Pointe Preliminary Plat; Heritage AGENDA SECTION: Development Old Business PREPARED BY: Dan Rogness, Community Development Dir. AGENDA NO. I ATTACHMENTS: Preliminary Plat, Draft Resolution, draft APPROVED BY: I ordinance, 7-2-96 City Council and 6-11-96 ' Planning Commission Meeting minutes '' Applicant: Tom Bisch, Heritage Development Location: East of Biscayne Avenue(across from Nat. Guard OMS facility); North of Rail road and CMC Heartland"B Site"; '/2 mile south of Bonaire Path Property Owner(s) Thomas Corrigan Area in Acres: 61.8 acres Number of Lots: 145 Single Family detached Overall Density: 2.34 dwelling units per acre Comp. Plan Land Use Desig.: Urban Residential (phase II MUSA recently approved by Met Council) Current Zoning: Agriculture Requested Zoning: R-1, Single Family detached Residential SUlVIMARY Heritage Development is requesting approval of the attached preliminary plat called Biscayne Point. The original Biscayne Pointe preliminary plat proposed by another developer had been tabled by the City Council on July 2, 1996 because it was not yet within the Metropolitan Urban Service Area(MUSA). The property is now within the MIJSA, but the original developer assigned its interest to Heritage Development in the interim. Heritage Development has modified the preliminary plat to include approximately two acres of land for park development consistent with the Parks and Recreation Committee recommendation. Additionally, Staff recommendations regarding minor street design modifications have been incorporated in the preliminary plat. The net result is a reduction of ten lots and the creation of a cul-de-sac at the extreme eastern end of the plat which also responds to some of the Planning Commissioner's concerns regarding the original preliminary plat stated at the public hearing conducted on June 11, 1996. RECOMMENDED ACTION: Motion to adopt a resolution approving the preliminary plat for Biscayne Pointe; -and- Motion to table action regarding the rezoning from Agriculture to R-1, Sin le Famil detached Residential until final lat a roval. CITY COUNCIL ACTION: ' MEMORANDUM TO: Mayor, City Council members I' FROM: Dan Rogness, Community Development Director ' DATE: June 3, 1997 RE: StaffRecommendation for Biscayne Pointe Rezoning. A revised recommendation has been prepared for the Biscayne Pointe Preliminary Plat regarding the related rezoning. Staffhad originally recommended that the property be rezoned to R-1, Single Family detached Residential. This strategy would make it more difficult for a developer to obtain approval of higher density housing types in the event the preliminary plat was not approved or if a different proposal or application was made. In light of the"sixty day law" this might be a policy that the Council should consider in the future. However, previous practice had been to withhold rezoning until final plat approval occurs. This means that if something happened to the current developer, then the next one would be starting from the very beginning. Therefore, a revised executive summary has been prepared for the rezoning recommendation. CITY OF ROSEMOUNT � �� EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: 7une 3, 1997 AGENDA ITEM: Biscayne Pointe Preliminary Plat;Heritage AGENDA SECTION: Development Old Business PREPARED BY: Dan Rogness, Community Development Dir. AGENDA NO. ATTACHMENTS: Preliminary Plat, Draft Resolution, draft APPROVED BY: ordinance, 7-2-96 City Council and 6-11-96 Planning Commission Meeting minutes Applicant: Tom Bisch, Heritage Development Location: East of Biscayne Avenue (across from Nat. Guard OMS facility); North of Rail road and CMC Heartland"B Site"; 'h mile south of Bonaire Path Property Owner(s) Thomas Corrigan Area in Acres: 61.8 acres Number of Lots: 145 Single Family detached Overall Density: 2.34 dwelling units per acre Comp. Plan Land Use Desig.: Urban Residential (phase II M[JSA recently approved by Met Council) Current Zoning: Agriculture Requested Zoning: R-1, Single Family detached Residential SUMMARY Heritage Development is requesting approval of the attached preliminary plat called Biscayne Point. The original Biscayne Pointe preliminary plat proposed by another developer had been tabled by the City Council on July 2, 1996 because it was not yet within the Metropolitan Urban Service Area(MUSA). The property is now within the MUSA, but the original developer assigned its interest to Heritage Development in the interim. Heritage Development has modified the preliminary plat to include approximately two acres of land for park development consistent with the Parks and Recreation Committee recommendation. Additionally, Staff recommendations regarding minor street design modifications have been incorporated in the preliminary plat. The net result is a reduction of ten lots and the creation of a cul-de-sac at the extreme eastern end of the plat which also responds to some of the Planning Commissioner's concerns regarding the original preliminary plat stated at the public hearing conducted on June l l, 1996. RECOMMENDED ACTION: Motion to adopt a resolution approving the preliminary plat for Biscayne Pointe; -and- ', Motion to table action regarding the rezoning from Agriculture to R-1, ' Sin le Famil detached Residential until final lat a rovaL CITY COUNCIL ACTION: