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HomeMy WebLinkAbout5. Eastbridge Townhomes Planned Unit Development - Final Development Plan, Preliminary Plat and Rezoning - City of Rosemount ' Executive Summary for Action City Council Meeting Date: December 19 1995 Agenda Items Eastbridge Townhomes Planned Unit Agenda Section: Development: Final Development Plan, PUBI.IC F�G Preliminary Plat and Rezoning Prepared By: Richard Pearson, Assistant Planner Agenda No: :.� �T�M # '� Attachments: Resolution, PC Reviews, Correspondence, Approved By: Blueprints G��� Mr. en Sexton representwg CMC H Partners I, is requestuig approv o a PUD development plan preliminary plat and rezoning for the 72 townhouses that will be constructed west of the proposed Bridgewater Parkway. The remainder of the PUD consisting of commercial uses will ultimately be processed as an amendment to the PUD when market conditions support development of the commercial uses. The concept for the mi.xed use PUD was approved on October 3, 1995. Discussions with the Developer and his consultants throughout the process resulted in very few modifications needed for the townhouse element of the PUD. The Planning Commission recommended approval of the preliminary plat and final development plan on November 14, 1995. A separate motion was also passed to indefinitely table action regardi.ng the rezoning from IP Planned Industrial to R-2 Single Family Attached Residential because of the desire to rezone at the time of final plat approval which will depend upon relocation of the rail spur. Recommended Action: A MOTTON to adopt A RESOLUTION APPROVING 1� EASTBRIDGE TOWNHOME.S FINAL NII�D USE PL,�►NNED UNiT DEVELOPMENT AND EASTBRIDGE TOWNHOMFS PFFT iMiN,�RY pLAT AND SETTING OUT THE CONDITIONS OR FINAL PLAT APPROVAL. - and- A MOTION to indefinitely table the rezoning from IP Industrial Park to R-2 Single Family Attached Residential and C-4 General Commercial with approval of final pla.t, subject to submission of a written request from the developers. Council Action: l CITY OF ROSF�VIOUNT DAKOTA COU1vTY, l�IINNESOTA RESOLUTION 1995- A RESOLUTION APPROVING EASTBRIDGE TOWNHOMFS Fnvai.M�UsE P�xx�n Urvrr D�LOrn�rrr AND EASTBRIDGE TOWNHOMES PRELIlVIINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL PLAT APPROVAL WHEREAS, the City of Rosemount has received a final concept mixed use planned unit development and preliminary plat for residential and commercial uses for the following legally described property: Outlots B, C, D, and E, Eastbridge Preliminary Plat, all located within Lot 65 of Auditor's Subdivision No. 1, except therefrom the following: All that part of Lot 65 of Auditor's Subdivision No. 1, Rosemount, according to the plat thereof now on file and of record in the office of the Register of Deeds for said County and State; (the same being all that part of the Southeast Quarter (SE�/a) of Section 29, Township 115, Range 19, lying East of the railroad right-of-way: which lies North of the North line of that certain Easement dated December 15, 1943 and recorded in Book S 1 of Miscellaneous Records at page 552, in the office of the Register of Deeds of Dakota County, and West of a line parallel to and 920 feet West of the East line of the Southeast Quarter (SE1/a) of said Section 29, Township 115, Range 19, Dakota County, Minnesota. WHEREAS, on November 14, 1995 the Planning Commission of the City of Rosemount recommended approval of the Eastbridge Townhomes Mixed Use Final Planned Unit Development and preliminary plat subject to conditions; and WHEREAS, on December 5, 1995 the City Council held a public hearing to hear testimony regarding the Eastbridge Townhomes MiYed Use Final Planned Unit Development, Eastbridge Townhomes Preliminary Plat, and Rezoning from IP Industrial Park to R-2 Single Family Attached and C-4 General Commercial, in accordance with the City of Rosemount Zoning and Subdivision Ordinance and State Statutes. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Eastbridge Townhomes Mixed Use F'vnal Planned Unit Development and Preliminary Plat subject to: l. incorporation of Engineering and Park Department recommendations relative to grading, public and private improvements, utilities, and park dedication as outlined in their department memos; 2. approval by the Dakota County Plat Commission; 3. relocation of the rail spur consistent with the design of the site plan dated 10/27/95 prior to approval of a final plat; 4. execution of a Eastbridge Townhomes PUD Agreement which secures public and private improvements, as well as a Eastbridge Townhomes Homeowners' Association which has the perpetual maintenance responsibilities of all outlots and o�n space; 5. dedication of an easement at the northwest corner of County State Aid Highway 42 and proposed Bridgewater Parkway to the City far construction of a commercial center entryway monument sign prior to approval of a site plan for commercial development; 6. provision of a cross-access circulation easement with Lot 15, Auditor's Subdivision No. 1 (quonset hut site) prior to approval of a site plan for commercial development; 7. conformance with the subdivision and zoning ordinances for final plat approvaT and rezoning; and 8. confromance with all building and fire codes including provision of temporary cul-de-sacs for any dead-end street. BE IT FURTHER RESOLVED, that the City Council tables rezoning of subject property from IP Industrial Park to R-2 Single Family Attached Residential and C-4 General Commercial until approval of the final plat, subject to submission of a written request from the developers. ADOPTED this 19.day of December, 1995. E.B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: ' City of Rosemount Executive Summary for Action Planning Commission Meeting-Date: November 14. 1995 Agenda Item: CMC Heartland Partners: Eastbridge Agenda Section: Townhouse/Commercial Development Pt�Br.�c 1r�ox�TTON.�t. FoRVM Prepared By: Rick Pearson Agenda No.: Assistant Planner I�vt No.7B. Attachments: Blueprints, Site Plan Preliminary Plat,Utilities, Approved By: Grading, Landscaping Plans. �,( / l � 7s. CMC HEaitTr.arm Paxzx�its I- EASTBRIDGE TOWNHOMES AND CONIlViERCIAL PLANNED UNTT DEVELOPMENT: Final Development Plan Preliminary Plat Rezonings PROPOSAL: Mr. Glen Se�cton of CMC Heartland Partners I is requesting approval of the final development plan for the Eastbridge Townhome PUD. The PUD also contains approximately 7.8 acres for commercial development qualifying the PUD as a mixed use in conformance with the Comprehensive Guide Plan. The 72 townhouse component is the primary motivation for this review sequence. The continuing process will include: 1. PUD final development plan and preliminary plat; 2. Rezoning and final plat approval for the first phase. -SEEATTACHED MEMO FOR FURTHERDETAIIS- Recommended Action: A MOTION to recommend approval of the Eastbridge Townhomes PUD final development plan and preliminary plat as revised to the City Council subject to: 1. incorporation of Engineering and Park Department recommendations relative to grading,public and private improvements,utilities and pazk dedication as outlined in their attached memos; 2. approval of the Dakota.County Plat Commission; 3. relocation of the rail spur consistent with the design of the site plan dated 10l27/95 prior to approval of final plat; 4. execution of a planned unit development agreement which secures public and private improvements as well a homeowners association which has the perpetual maintenance responsibilities of all outlots and open space; S. dedication of an easement at the northwest corner of CSAH 42 and proposed Bridgewater Pazkway to the City for construction of a commercial center entryway monument sign; 6. execution of a cross-access circulation and pazking easement with Lot 15,Auditor's Subdivision No. 1 (quonset hut site)prior to approval of a site plan for commercial development 7. conformance with the subdivision and zoning ordinances for final plat approval and rezoning; and 8. conformance with all building and fire codes including provision of a temporary cul-de-sac for any dead-end street -AND- A MOTION to recommend to the City Council an indefinite tabling of the rezoning from IP Industrial Pazk to R-2 Single Family Attached Residential and C-4 General Commercial until a roval of final lat, sub'ect to submission of a written re uest b the develo er. Planning Commission Action: 11-1495.005 CITY OF ROSEMOU NT z8�5°TMths`��W�t P.O.Box 510 Rosemount,MN Everything's Coming Up Rosemount!! 55oes-os�o Phone:612-423-4411 Fax:612-423-5203 TO: Planning Commission FROM: Richard Pearson,Assistant Planner DATE: November 86, 1995 SUBJ: November 14, 1995 Regular Planning Commission Reviews: I�1v17B. CMC Heartland Partners ATTACHN�NTS: Blueprints, Site Plan Preliminary Plat,Utilities,Grading,Landscaping Plans. 7s. CMC HE�tTT.�P�tTT��ts I- EASTBRIDGE TOWNHOME5 AND COIVIlVIERCIAL PLANNED UNTT DEVELOPMENT: Final Development Plan Preliminary Plat Rezonings PROPOSAL: Mr. Glen Sexton of CMC Heartland Partners I is requesting approval of the final development plan for the Eastbridge Townhome PUD. The PUD also contains approximately 7.8 acres for commercial development qualifying the PUD as a mixed use in conformance with the Comprehensive Guide Plan. The 72 townhouse component is the primary motivation for this review sequence. The continuing process will include: 1. PUD final development plan and preliminary plat; 2. Rezoning and final plat approval for the first phase. BACKGROUND: On October 3, 1995,the City Council approved the concept for the mixed use PUD with conditions. The Developer responded to the Staff concerns regazding a pedestrian trail crossing of the rail spur and has deleted the trail. . FINAL DEVELOPMENT PLAN: The townhouse element of the PUD has been modified in response to issues identified during the concept review. The 72 townhouses aze ananged in 17 four unit clusters and two twin clusters. The units are all oriented to two connected loops with two private street connections to Bridgewater Pazkway. The private streets aze 25 feet wide and will have to have curb and gutter. The units will be setback a minimum of 20 feet from the streets,thus providing sufficient pazking space in front of the gazages. Thirty eight common parking spaces have been dispersed through out the developmen� The driveway for units 22 and 23 has been redesigned to remove it from the intersection of the private streets in response to previous concerns. T'he northemmost third street connection has been eliminated because of alignment issues. The southernmost street connection has been moved north to increase the sepazation from the commercial entrance which has also been moved south. � �;������� conraining 30'"� . .. .pnFconsumrr rrurt�r�..,� ' November 14, 1995 Regular Planning Commission Reviews: ITEM 7B. Eastbridge II Addition Page 2 . Sidewalks will be installed in accordance with the Pazk and Recreation Committee recommendation An additional pedestrian connection is proposed to connect the northeastem loop with Bridgewater pazkway in the location of the eiiminated third private street connection. The Pazk and Recreation Director has endorsed this addition. There will be no land dedicated for pazk use with this proposal. PRELIlVIINARY PLAT: Each of the townhouse units will have a lot defined for owner occupancy. Two blocks wiil be defined which Staffpresumes to relate to the phasing plan. Block l would be constructed in 1996 with Block 2 being built when market conditions warrant A temporary cul-de-sac will be required for emergency and other service vehicles if block one only is buil� The remainder of the pazcels will be defined as outlots until conditions support development. Final plats will be required of a11 pazcels that aze to be developed The Developer and or the townhouse association will be expected to maintain all private streets,open space and landscaping. REZONING: With the approval of final plats,the townhouses will be rezoned from IP Planned Industrial to R-2, Single Family Attached Residential. O�R IssuEs: Similaz to the single family element of Eastbridge PUD,the development and platting of the townhouses depend upon relocation of the rail spur. At least nine of the units aze planned for the e�sting location of I' the spur and five more units are close enough to the spur to suggest that no amount of mitigation would ; � make those units desirable. RECOMMENDATION: MOTION to recommend approval of the Eastbridge Townhomes PUD final development plan and preliminary plat as revised to the City Council subject ta 1. incorporation of Engineering and Pazk Department recommenda.tions relative to grading,public and private improvements,utilities and pazk dedication as outlined in their attached memos; 2. approval of the Dakota County Plat Commission; 3. relocation of the rail spur consistent with the design of the site plan dated 10/27/95 prior to approval . of final plat; 4. execution of a planned unit development agreement whieh secures public and private improvements � as well a homeowners association which has the perpetual maintenance responsibilities of all outlots ; and open space; 5. dedication of an easement at the northwest corner of CSAH 42 and proposed Bridgewater Pazkway to the City for construction of a commercial center entryway monument sign� r�' � R�°/RoJetl 0�a s�+e �1...� P ,�.� �,Hx�c�.� • P,���S�a� 6. ��rof a cross-access circulation and-g�easement with Lot 15,Auditor's Subdivision No. oE'�'�""�'' 1 (quonset hut site)prior to approval of a site plan for commercial development; � 7. conformance with the subdivision and zoning ordinances for final plat approval and rezoning; and 8. conformance with all building and fire codes including provision of a temporary cul-de-sac for any � dead-end stree� -AND- w A MOTTON to recommend to the City Council an indefinite tabling of the rezoning from Il'Industrial . 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'"_'`._-. l _. .... ,� .. .. _.: 1 . . -��- . : , ; �,' - .. � ' `' _ � : ,�., . :��� . � , .: : - ,�= .o- . . , .. , - _ . _ : . . .. . _ . .. . _� _, A _. . . . _ - --- � - -- �_-=- - - . . .__ . _ _ .._ .. . . . -_.� - o _ --- - --- _ _ .� _ _ —�— --.-.._ _ _ _ : — v+.- � — . _ _ _ —�_ _.r_•,�—�= .. . . ���. CITY OF ROSEMOU NT z8�5`;TMths�tW�t P.O.Box 510 Everything's Coming Up Rosemouni!! Rosemoo�c,nnN 55068-0510 Phone:612-4Z3-441 i Fax:6 i 2-423-5203 Planning Commission � Regular Meeting Minutes - November 14, 1995 Pursuant to due call and notice thereof the Regular meeting of the Planning Commission was duly held on Tuesday, November 14, 1995 at 6;00 p.m. Chairperson McDermott called the meeting to order with members DeBettignies, Tentinger, Ingram, and Droste present. Also in attendance were Senior Planner Andrew Mack, Assistant Planner Rick Pearson, and Civil Engineer poug Litterer. The agenda was amended to include item 8A2c -Rezoning of Mickelson properry from Agricultural to Rural Residential. MOTION by McDermott to approve the October 10, 1995 RegularPlanning Commission � Meeting Minutes as presented. Second by Tentinger. Ayes: DeBettignies, Tentinger, McDermott, Ingram, Droste. Nays: 0. . � Wensmann Sixth Addition: Lot Line Adjustment Assistant Planner Pearson advised the Commission that a request had been made from Mr. Terry Wensmann to relocate the boundary lines between lot 5 and 6 in the Wensmann Sixth Addition. MOTION by Droste to recornmend to the City Council approval of the common lot line relocation between Lot 5 and 6, Block 1 Wensmann Si�h Addition subject to: l. the lots be replatted consistent with the relocated boundary line; and, 2. the resulting lot width of lot 6 shall . be no less than 80 feet wide at the front yard setback line. Second by Ingram. Ayes: Tentinger, McDermott, Ingram, Droste, DeBettignies. Nays: 0. Zoning & Subdivision Ordinance Tezt Amendment Assistant Planner Pearson apprised the Commission of the intent to shift public hearings from the City Council forum to the Planning Commission for PUDs and ordinance amendments which include rezonings. Discussion ensued by the Commission regarding the starting time and time restraints for the regular Planning Commission meeting and for public hearings. MOTION by DeBettignies to recommend adoption of amendments to the Zoning and Subdivision-0rdinances to the City Council. Second by Tentinger. Ayes:McDermott, Ingram, Droste, DeBettignies, Tentinger. Nays: 0. � �,��,m.�,�,,�, c«�m;M,�ao9; a�#<onmme.nwraiaB. ,^ Regular Planning Commission Meeting Minutes � November 14, 1995 Page 2 International Develooment II• Shannon Meadows Addition Mr. Jack Gassner of International Development II was present to request approval of a single family residential development for 28 lots west of Shannon Parkway and north of 145th Street. , Also present was Mr. Fran Hagen from RLK Associates to answer questions regarding tlus development. John Hawkins, 4173 145th Street West, hoped that the development would stop the children's foot traffic from the ponds to Shannon Parkway. Concerns of the Commission was the access and egress of the foot traffic to, from, and through the development. Senior Planner Andrew Mack informed the Commission that Parks and Civil Engineering determined that a walkway wouldn't be feasible because of drainage, traffic and pedestrian safety. The grade would preclude the construction of a trail system. � MOTION by Droste to recommend approval of the Shannon Meadows Addition Final Planned Unit Development and Shannon Meadows Addition Preliminary Plat subject to: 1. incorporation of Engineering and Park Department recommendations relative to grading, utilities and park dedication as outlined in their reviews for the Shannon Meadows Addition; 2. execution of a Shannon Meadows Planned Unit Development and Subdivision Development Agreement to secure public improvements, infrastructure, Geographic Information Systems(GIS) fees, and park dedications, as well as guarantee variances; 3. rezoning of the property to R-1 Sing Family Residential; and 4. conformance with the subdivision and zoning ordinances for PUD final development plan review, plattings and rezoning requirements. Second by Ingram. Ayes: Ingram, Droste, DeBettignies, Tentinger, McDermott. Nays: 0. MOTION by Droste to recommend to City Council the rezoning of the property for the Shannon Meadows Addition plat frorn AG Agriculture to R-1 Single Family Residential (detached). Second by Ingram. Ayes: Droste, DeBettignies, Tentinger, McDermott, Ingram. Nays: 0. Chairperson McDermott recessed the Regular Planning Commission Meeting and opened the Boaxd of Appeals and Adjustment to hold a public hearing scheduled at this time. Public Hearing• Mike Mickelson - Variance Petition Chair McDermott opened the public hearing at 7:09 p.m. to hear public testimony regazding a request for a variance to lot frontage on a public street requirement. The recording secretary has �. Regutar Planning Commission Meetiag Minutes �; � November 14, 1995 Page 3 placed the Affidavit of Publication and Affidavits for mailing and Posting of Public Hearing Notice on file with the City. Assistant Planner Pearson apprised the Commission of Mr. Mickelson's request for a variance to the requirement for lot frontage on a public street. Mr. 1l�ickelson owns approximately 16.9 acres in numerous parcels in an Agriculture District north of the Valleywood Golf Course. Mr. Mickelson will combine all contiguous pareels eliminating the need for variances for setback encroachments and reduce additional needs for cross access easements. The combination of the parcels still does not fulfill the requirement for lot frontage on a public street. Mr. Mike M'ickelson informed the Board that he has had discussions with Valleywood Golf Courses regarding the acquisition of land needed for a right of way but that no agreement has been reached at this time. 7ohn Slizer, 4090 120th Street West, expressed concern over potential development to the east of � the parcel under discussion. Planner Peaxson advised that no development is being planned at this time. Chairperson McDermott closed this public hearing at 7:30 p.m. and opened discussions for the Commission. MOTION by Ingram to grant the variance to Section 4.2 Lot Provisions of Ordinance B for the property owned by Mike Mickelson for residential development subject : 1. combination of the contiguous parcels currently owned Mr. Mickelson that are not currently occupied by dwellings units; 2. provision of cross access easements or evidence of existing easements that provide access to dwelling units dependant upon access across the property affected by the variance; 3. provision of easements for public street purposes in accordance with current City Engineering standards up to the property affected by the variance; and 4. rezoning the combined 19.452 acres and any additional land to be acquired to Rural Residential. Second by Droste. Ayes; DeBettignies, Tentinger, McDermott, Ingram, Droste. Nays: 0. Planner Pearson advised that this motion can be appealed to City Council if so desired. Chair McDermott closed the Board of Appeals and Adjustments and reconvened the November 14, 1995 Regulax Planning Commission Meeting at 7:42 p.m. 4 `�� MOTION by DeBettignies to recommend to City Couneil the rezoning of the Mike Mickelson's �. , � Regular Planning Commission Meeting Minutes - ' November 14, 1995 Page 4 property from Agriculture to Rura1 Residential consistent with the Comprehensive Guide Plan. Second by Tentinger. Ayes: Tentinger, McDermott, Ingram, Droste, DeBettignies. Nays: 0. Chair McDermott recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustment to hold a public hearing scheduled at this time. Public Hearing• Adrian Zorn/Mahowald -Variance Petition Chair McDermott opened a public hearing at 7:45 p.m. to hear public testimony regarding a request for a variance to the setback requirement for the septic system location. The recording secretary has place the Affidavit of Publication and Affidavits for mailing and Posting of Public Hearing Notice on file with the City. Planner Pearson advised the Board of the request from Zorn/Mahowald for a variance to allow the construction of a septic system and altemative location that does not me�t the City's �� setback criteria.for septic systems from DNR regulated lakes. The proposal exceeds the DNR ��: standard by 25 feet, but is 50 feet deficient by City standards. Mr. Zorn was present to discuss his request for a variance to the setback requirement for a septic system. He indicated that he intended to combine Lot 5, Hlock 1, Lan-O-Ken with the meets and bound property he owns directly to the north. Access to the parcel would be from 132nd Court via the current Lot 5. He indicated that there is a possible easement on this lot for the gas line to the old Brockway Glass site. Bernie Mahowald, builder for Mr. Zorn indicated the gas line to lie on the easterly lot line and then into the water. Lori Anderson, 2650 W 140th Street, expressed concern withthis septic system and the possible effects if could have on her property. Jerry Anderson, 2295 Bonaire Path, raised concern with the septic system and the water level of the lake. Chairperson McDermott closed the public hearing and opened up the floor to Board discussion. Discussion ensued by the Board regarding the establishment of the high water levels, the .-. placement of the septic system, and the possibility of an easement for a gas line. �'' _ Regular Planning Commission Meeting Minutes �� =� November 14, 1995 .. Page 5 MOTION by DeBettignies to table any action. Motion withdrawn. MOTION by DeBettignies to continue public hearing to next Planning Commission meeting on November 28, 1995 with variance petition relative to gas line easement and establishment of high water mark. Second by Tentinger. MOTION AMENDED to include the establishment of a high water maxk by DNR validation. Vote on amended motion. Ayes: McDermott, Ingram, Droste, DeBettignies, Tentinger. Nays: 0. Chair McDermott closed the Board of Appeals and Adjustments at 8:45 p.m. Chair McDermott reconvened the Regular Planning Commission Meeting of Navember 14, 1995 at 8:50 p.m. � CMC Heartland Partners: Eastbridge Townhouse/Commercial Develo�ment Mr. Glen Sexton of CMC Heartland Partners I, and NIr. Reed Hansoq legal council for CMC Heartland were in attendance to request approval of the final development plan for the Eastbridge Townhome PUD. Assistant Planner Peazson apprised the Commission of the request from CMC Heartland to approve the final development plan for the Eastbridge Townhome PUD. Pearson indicated there would be a cash payment in lieu of land for park dedication, the cul-de-sac would be required to have a temporary turn-axound if it would not be built as a through street in the initial phase. Maxk Mooney, Plant Manager for Grief Bros, has numerous concems-the increase traffic across the railroad tracks with children going to school, safety concerns for Griefl s loading area, the increase of train traffic as indicated by the Zoo Line, some kind of fencing as a deterrent to site, financing of the moving of the railroad spur, railroad tracks dangerous to housing, the railroad track is the life line to Crreif Bros., and felt that a bridge would be a good idea for pedestrian traffic. Commissioner Tentinger voiced concern with faot traffic over the railroad tracks. Tentinger commented on an overhead walkway. Discussion by the Commissioners ensued regarding the relocation of the rail spur. . Regular Planning Commission Meeting Minutes � . November 14, 1995 � Page 6 MOTION by Tentinger to recommend approval of the Eastbridge Townhomes PUD final development plan an d preliminary plat as revised to the City Council subject to: 1. incorporation of Engineering and Park Department recommendations relative to grading, public and private improvements, utilities and park dedication as outlined in their attached memos; 2. approval of the Dakota County Plat Commission; 3. relocation of the rail spur consistent with the design of the site plan dated 10/27/95 prior to approval of final plat; 4. execution of a planned unit development agreement which secures public and private improvements as well a homeowners association which has the perpetual maintenance responsibilities of all outlots and open space; 5. dedication of an easement at the northwest corner of CSAH 42 and proposed Bridgewater Parkway to the City for construction of a commercial center entryway monument sign prior to approval of a site plan for commercial development; 6, provision of a cross-access circulation easement with Lot 15, Auditor's Subdivision No. 1 (quonset hut site)prior to approval of a site plan for commercial development; 7. conformance with the subdivision and zoning ordinances for final plat approval and rezoning; and 8. conformance with all building and fire codes including provision of temporary cul-de-sac for any dead-end street. Second by Droste. Ayes: Ingram, Droste, �` , DeBettignies, Tentinger, McDermott. Nays: 0. � , .�.;� ..:� MOTION by Tentinger to recommend to the City Council an indefinite tabling of the rezoning from IP Industrial Paxk to R-2 Single Family Attached Residential and C-4 General Commercial until approval of final plat, subject to submission of a written request by the developers. Second by Droste. Ayes: Droste, DeBettignies, Tentinger, McDermott, Ingram. Nays: 0. MOTION by McDermott to adjourn. Second by Droste. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 10:15 p.m. Respecctfully submitted, Maryann Stoffel Recording Secretary �� i HANSEN,MCCANN & O'CONNOR,P.A. A PROFFSSIONAL ASSOC(ATION ATTORNEYS AT LA W DAKOTA CENTRAL OFFICES , 11450 SOtJ[H ROBERT 7'RAIL ROSEMOUNT.MINNESOTA 55063 REID J.NANSEN 7'ELEPHONE:(612y 423.1155 MICHAEL C.MeCANN FAXc(612)423-113T RICHARD L.O'CONNOR December 1, 1995 E.B. McMenomy. Mayor Cathy Busho 15872 Chipendale Avenue W. 12605 S. Robert Trail Rosemount, Minnesota 55068 Rosemount, Minnesota 55068 Joan M. Ar.derson James "Red" Staats 2295 Bonaire Path 2685 128th Street W. Rosemount, Minnesota 55068 Rosemount, Minnesota 55068 Dennis Wipperman 12538 Danbury Way Rosemount, Minnesota 55068 Dear Ladies and Gentlemen: I write as attorney for CMC Heartland Partners and with respect to the Eastbridge Townhome Planned Unit Development. As perhaps you are aware, the final approval for the Eastbridge Townhome Planned Unit Development is scheduled for your consideration on Tuesday, December 5, 1995. On November 4, 1995 the Rosemount Planning Commission gave its final approval to the Eastbridge Townhome Planned Unit Development subject to several conditions. I write to address two of the conditions which CMC Heartland Partners believes merit further consideration and revision. First, condition (3) of the Planning Commission approval , requires "relocation of the rail spur consistent with the design of the site plan dated 10/27/95 prior to approval of the final plat". � As perhaps you may recall, similar language was considered at the Rosemount City Council meeting on June 21, 1994 when the Eastbridge (single family) Planned Unit Development was approved. At that time the Rosemount City Council did not believe it necessary to delay commencement of the Eastbridge housing project for the time period ensuing between the execution of an agreement for the spur line relocation and the actual, physical spur line relocation. Now, as then, we believe that it makes eminent sense to allow construction to commence on the Eastbridge Townhome Planned Unit Development as well as the Eastbridge (single family) Planned Unit Development once an enforceable agreement for the relocation of the spur line is reached with CP Rail. Accordingly, we recommend that condition (3) be revised to provide as follows: "prior to approval of final plat, execution of agreement with CP Rail (Soo Line) providing for the relocation of the rail spur consistent with the design of the site plan dated 10/27/95". i , December 1, 1995 Page Two Second, condition (6) of the Rosemount Planning Commission action requires "provision of a cross-access circulation easement with Lot 15, Auditor's Subdivision No. l (quonset hut site) prior to approval of a site plan for commercial development". We find this condition objectionable and unreasonable for the reasons hereinafter discussed. Initially, we have reservations about the constitutionality of exaction of an easement for the private benefit of the owner of the quonset hut site. The quonset hut site is currently owned by the railroad and has the benefit not only of railroad access, but access to both State Highway 3 and Dakota County FIighway 42. It is the understanding of CMC (and I believe that of the Rosemount City Staff also) that the quonset hut site presently has legal access on both State Highway 3 and Dakota County Highway 42 . Neither the State of Minnesota nor Dakota County have seen fit to condemn the quonset hut site's access to the roads under their jurisdiction. To require CMC to provide an access easement over its coinmercial � lot bears no reasonable relation to CMC's development and does not meet either the constitutional analyses of the Minnesota� Supreme Court in Co11is v. City of Bloomington, 246 N.W. 2d 19 (1976) nor the United States Supreme Court in Nollan v. California Coastal Commission 483 V.S. 825, 107 S. Ct. 341, (1987) and Dolan v. Tictard 114 Sup. Ct. 2309 (1994) . Also, as you may recall, CMC has reservations about the viability of the development of Outlot C commercially. If the land were to ultimately develop residentially, the access easement would be devastating to the neighborhood. If the land does develop , commercially, CMC knows, as one would only expect, that it will be very difficult to find any tenants of desirable quality to occupy a commercial center if an access easement provides for the continual and constant traversing of the commercial center by a trucking operation such as presently exists on the quonset hut ' site. Frankly, it would be most appropriate to revisit the issue of providing access at the time that CMC would develop its lot commercially. There is absolutely no benefit to requiring the access easement for the site with its current structures and use. If, in the opinion of Rosemount's legal counsel, the city has more leverage in connection with the granting of a PUD to exaet an easement of this nature, CMC has no objection to agreeing to proceed with the commercial development of Outlot C through a PUD procedure. Accordingly, we request that condition (6) be amended to read as follows: "If requested by the City of Rosemount, developer will proceed with the development of the commercial outlot utilizing Rosemount's Planned Unit Development process". December 1, 1995 Page Three Glen Sexton or I would enjoy meeting with you prior to the City Council meeting to discuss issues raised by this letter (or any other issues you may have with respect to the Eastbridge Townhome Planned Unit Development) . If you have any questions or concerns, please do not hesitate to contact either Glen Sexton (312-294-0440) or myself at (423-1155) at your convenience. Thank , you for your time and consideration of our request. Very truly urs, FOR T FIRM � . �---��- Reid . �Ha en RJH:czp Enclosure