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Home My WebLink About7.a. Town & Country Homes Planned Unit Development: Findings of Fact for Denial � f'�. � 1I00 lncernational C:entre � 900 Second :lvenue South 1linneapolis, !�t:�i Si40?-+397 � FREDRI�KSON & BYRON, P.A�. � `►-��'�h;>;'.°��'-»�; � Attorneys At Law Direct Dial Na (6l2)34'7-7072 mranum@fredlaw.com September 15, 1997 VIA MESSENGER AND TELECOPY Mr. Dan Rogness Community Development Director City of Rosemount 2875 - 145`�Street West Rosemount,MN 55068-4997 Re: Town&Country Homes Project Dear Mr. Rogness: On behalf of my client,Town&Country Homes,Inc.,I hereby request that the City Council of the City of Rosemount set aside,table and not take any further action on the townhome project proposed by Town &Country Homes on the property to be acquired from Chippendale/42 Partnership located south of 151$` Street adjacent to Shannon Parkway and Claret Avenue. We requested this matter be set aside without further action so that Town&Country Homes can take steps to address the concerns raised by members of the Council at their previous Council meeting. �^�I�p� y'i�"�� ;:, _s ,,�� i�t'��f t�prc�j��t��a4i��A�� .��> • I appreciate your assistance in this matter. I understand that the staff will recommend that the Council table the matter at the meeting scheduled for tomorrow. If, in your discussions with the City Council members,you discover that they are likely to proceed with action on the project,I would appreciate it if you would let me know as soon as possible. If you have any questions or if there is anything further that I can do,please feel free to give me a call. Yours ery truly,� (,G � a S. num MS s Enc os r ec: r. Allan J. Block(via telecopy) r. Peter Coyle(via telecopy) f CITY OF ROSEMOUNT " EXECUTIVE SUMMARY FOR ACTION .� CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM: Town& Country Homes Planned Unit AGENDA SECTION: Development: Findings For Denial Old Business PREPARED BY: Rick Pearson, City Planner AGEND�� , ,.� :�r0 � � A ATTACHMENTS: Draft Findings APPROVED BY: SUMMARY The attached findings have been prepared with the assistance of the City Attorney. The findings concentrate on the "stacked" dwelling units because the zoning ordinance classifies them as multiple family and only permitted in the R-3 and R-4 Multiple Family Districts. References are also made to the single garages, and slab-on-grade construction. Because these findings should reflect the Council's decision,no discussion with the Developer should be necessary. Furthermore, any additional comments in support of the findings that represents consensus would be welcomed by Staff. RECOMMENDED ACTION: Motion to adopt A Resolution for Denial of a Residential Planned Unit Development Requested by Town& Country Homes Based Upon Findings of Fact. COUNCIL ACTION: y CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1997- A RESOLUTION FOR DENIAL OF A RESIDENTIAL PLANNED UNIT DEVELOFMENT REQUESTED BY TOWN & COUNTRY HOMES BASED UPON FINDINGS OF FACT WHEREAS,the Planning Deparhnent received an application for a planned unif development , for residential development involving mixed housing types including attached residential and multiple family housing from Town&Country Homes on July 3, 1997 to be located within Outlot E of McNamara Addition; and, WHEREAS,the Planning Commission conducted a public hearing as required by the zoning ordinance on July 22, 1997; and, WHEREAS,the Planning Commission adopted a motion to recommend approval of the housing I proposal to the City Council after receiving testimony from adjacent property owners in , attendance; and, WHEREAS,the Planning Commission identified concerns regarding some of the proposed mixed housing and recommended additional conditions of approval considered necessary to achieve compatibility with existing single family housing; and, WHEREAS, the City Council reviewed the proposed mixed housing development an September 2, 1997 and a motion to approve the residential planned unit development failed. NOW,THEREFORE, BE IT RESOLVED,the City Council of the City of Rosemount hereby denies the residential planned unit development requested by Town& Country Homes based upon findings of fact: FINDINGS OF FACT l. The subject property has been rezoned to R-2, Single Family attached residential, consistent with the approved concept planned unit development. The applicant has included housing types in the proposal that are permitted only in R-3 and R-4 Multiple Family Residential districts. 2. The subject property is adjacent to existing, established single family detached residential housing on the south and west side. Generally, it is in the best interest of the public to maintain homogeneous housing types in a neighborhood, or provide a logical transition from high to low density unless there are factors which justify mixing housing types, which factors, as detailed in these findings, do not exist in the case of this proposal. 3. The proposed housing is inconsistent with the concept approval of the planned unit development which specified R-2 development. The Town& Country Homes proposal includes multiple family dwelling units consistent with the R-3, Multiple Family r Resolution 1997- Residential district th�t are joined to one another by floor or ceiling, which is specifically excluded from the definition of attached single family dwellings applicable to the R-2 district. 4. The proposed multiple family housing including vertically stacked dwelling units and single stall garages is a significant change in the gradient of building type that does not represent a logical transition between the development and adjoining single family uses, and is therefore, inconsistent with the policies of the Comprehensive Guide plan. 5. Sixty one percent of the units have single car garages which is considered to be a significantly high proportion. This represents an inadequate number of enclosed parking and storage spaces resulting in an unacceptable level of outside parking or storage. This lack of available storage is exacerbated by the proposed"slab-on-grade-construction". Such levels of outside parking are not consistent with the single family residential ' character of the neighborhood and will be detrimental to surrounding properties. Existing , neighborhoods closest to the proposed housing all have two or three car garages. The ', only housing in the City with single car garages is twenty or more years in age and is located elsewhere in the City. Most such projects have some space available to add , garages. The City has previously granted variances for such garage expansions. The ', planned unit development has no provision for expanding the number of garages if I inadequate. !, ADOPTED this 16th day of September, 1997 by the City Council of the City of Rosemount. I Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Member absent: i TOV'VN S� Y HOl��ES Minnesota Division September 8, 1997 Mayor Busho and Members of the City Council Rosemount, MN Re: Town& Country Homes Townhome Proposal 151 st between Shannon and Chippendale Dear Mayor Busho and Members of the City CounciL We would like to provide additional information pertaining to the above-referenced zoning and platting application, which was presented to you last week: ', 1) An incorrect figure{20 to 25%) was used to describe the percentage of 2 car garages in our proposed townhome community. Of the 72 units in the first phase, 39% of them have 2 car garages. 2) A comment was made that "there is no market for 1 car townhomes." In the 2 townhome communities with identical designs to what we are proposing for the Rosemount site, we have 1 m in nin r m 1 so d a co b ed total f 209 wnh m in 18 m nth ince o e ou ode s n o to o es o s s o P g March 9, 1996! A significant number of the buyers are single individuals. 3) The average sales price in the Burnsville/Eagan townhome communities is slightly under $120,000. This is certainly not inexpensive housing. Mortgage companies that are providing mortgages to our buyers indicate that with a typical 5% to 10% down payment, these mortgages require a consistent, documented household income of$45,000 to $SO,OOO/year and a sound, verifiable credit rating. 4) The townhome buyers in Burnsville and Eagan are solid citizens. We estimate that 80% of the buyers have college degrees, because of the requirements of the professional jobs that they hold. 5) When we analyzed our Burnsville/Eagan buyer profiles a few weeks ago, at the point where we had 192 sales, only 1 S of the buyers {9%)had children. This is further evidence that there is a large group of empty nesters, often times single professionals that are seeking the townhome style of living, with an income of$45,000 to $50,000, and a sound, verifiable credit rating. We invite you to visit our Eagan model complex on the north side of Di�ley Road, one block I, west of Highway 77 (Cedar Ave.) To assist you in analyzing our designs and details, copies of I the description of each unit type, including the sc�uare footage, for each of the 4 model homes is '' attached. ' 11471 Valley View Road • Edcn Prairie, MN 553-�4 � � � �, (612)944-3455 • Fas (612) 9-�-F-3�}37 Mti E3uilder License»9137 � � �� Mayer Busho and Mamber sof the City Council September 8, 1997 Page 2 In conclus'ron, we ask that you give careful consideration ta our proposal. We believe there is a market in your community for well-designed townhomes that have excellent construction standards applied to them. We believe that with careful, objective consideration, you will conclude that our proposed townhome community will be an asset to Rosemount. Sincerely, � � � ; , � -----,-_ Allan J. Block Executive Vice-President/Land Division AJB/ces } � � �' ,�' The Cottonwood r�ta�z 1 Z,loo sr A single-story,ground floor home with two bedrooms, one fiill bath,and attached one-car garage. � � Stn�ldar�� Fc�itures � �� , , •I.iving room ' ' •Dining room •Kitchen with oversize pantry 1°°1°- `- ��• � resga._ ;�' •Master suite with walk-in closet, � (� wardrobe closet,and private bath entry •Additional bedroom � _ •Uual-entry full bath • Utility/laundry room with garage entry � - - - °�s •Private patio off living room � Optioflal Feati�res ' _ •Second full bath - (in lieu of master suite wardrobe closet) •Private master bath i (requires second full bath opiion) � i •Den with double-door entry i (in licu of additional bedroom) i � • Uining rucm�brcakfr��nt , �eear� � •L.iving r��om fireplace •Full ht�sement � �. ' $� �'` � T1�_e St_ Crolx I'lai� 2 "1.,365 SF A two-story home with two bedrooms, l 1/2 baths, and attached one-car garage. lst Floor 2nd Floor 1st Floor Fcati�res � � � --------- •Living room i �ssga_ •Dining roum � � •�1tC�it11 �-- ; I i L �� •Powder room -�_ •Private patio off living rc�om � � 0 � 2rid Floor Featttres __ � •Master suite with two wardrobe closeis j *'' _ - and privatc bath entry ° _ -_ - •Additioilal bedroom � == x �' •Dual-entry full bath wid�private water closet _ � •Utility/laundry room � Optiniial Fec�ti�res � •Private inaster bath with double-bc�wl vanity,private tub and water closet ---�,��-- •Secon�i full bath and hall linen closet (rec�uires master bath optio�l) •Livin�;roum fi�rE,lacc •I.ivin�;ro��m fireE�lare�vith media ninc� • I��ill h�is��mcl�t � � � � � ��° r . " i , > 0 � �, � + . �' �' The Vermiliorl I'1ai� 3 1,479 SF A two-story home with two bedrooms plus loft, 2 l/2 baths,and attached two-car garage. 1st Floor Fcatures •Livin�roc�m wiih volume ceilin� lsc Floor 2nd Floor �____— � rr'====__� • l�ining room •Kitchen with breakfast nouk � � _ re�� •Pu�vder rcwm � °;�' •Privatc patio off Iivulg room �- � �� 2►tc� Fl��or Fe�itttres � - -' �a , , _ , , • Masler suite with pri��ate bath ' - an�i �valk-in closet - _ n= - � l J CU � •A�iditional bedroom - - �a • Loft living area - - , •Full hall bath with linen closet - � � • Uti(ity/laundry room � O ; Optioru�l Fccitures � •Dining roc��i�box bay • Living room fireplace DE0°°�� • Livin�;ro��in fireplace with adjacent enlertainment niche • Ma,t��r suitc b��x hay • I�ull h�iticnu�nt ;� � � :�° The Clearwater Plan 4 :1,339 SF A single-story,second floar home with two bedrooms, hvo full batltis,and attached one-car garage. � � Sta�rdnrd Fcati�i-es �� •Living room i - -�,, •Uining room � '�- '- '' i0 �TMrFa •Kitchen with breakfast nook i - O and oversizc pantry i �� •Master suite widl walk-in doset i �- an�private bath � •Additional be�iroom -- - ` �""e •Full hall bath ' �- - �-- •Utility/laundry room i - •Private deck off living room _ Optinnat Features •Family room(in lieu of breakfast nook) •Den with double-door entry (in lie�i uf additic�nal bc�irc�om) •I�i��in�;roum breakfront •l.i��in�rc�om fireE�tare seeesf ., � . � � 1100 Incern�cional Ccntre 900�Second :benuc Sou[h � '4tinneapolis. �t\ �i-40L-3397 � FREDRIKSON & BYRON, P.A. ��X'�h>>,�,;'��'-��,�� Attorneys At Law � � Direct Dial No. (612)347-7072 mranum@fredlaw:com September 12, 1997 VIA MESSENGER Mr. Dan Ro ess ! , .�.� . I'� � Community Development Director ' City of Rosemount ', 2875 145th Street West Rosemount,MN 55068-4997 ' RE: Town& Country Homes Project Dear Mr. Rogness: On behalf of my client, Town& Country Homes, Inc., I hereby request that the City Council of the City of Rosemount set aside and not take any further action on the townhome project ro osed b Town& Coun Homes on property to be acquired from Chippendale/42 P P Y �Y Partnership located south of 151st Street adjacent to Shannon Parkway and Claret Avenue. We request that the matter be set aside without further action so that Town& Country Homes can take steps to address the concerns raised by members of the Council at their prior council meeting. I appreciate your assistance in this matter. Tf, for any reason,this matter will not be set aside without further action and the City Council intends to take action,please let me know as soon as possible. If you have any questions or if there is anything further that I can do,please feel free to give me a ca1L Your v ey truly, ,� M S. um MS lk cc: llan J. Block(via facsimile) Peter Coyle (via facsimile) 2054082-1