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HomeMy WebLinkAbout5. Eastbridge Planned Unit Development (PUD) Amendment Request \ , = City of Rosemount II Executive Summary for Action ' City Couacil Meetiag Date: June 20. 1995 , Ageada Item: Eastbridge PUD Amendment Ageada Sectioa: Request Public Hearing Prepared By: Andrew Mack Agead����.,Yi � � Senior Planner { Attachments: Planning Commission 6/13/95 Approved By: Executive Summary & � / attachments; Letter j // received on 6/13/95 from ��u�� �'C�� � Robert & Lynn Sebion At it' s meeting held on June 13, 1995 members of the Planning Commission reviewed the PUD amendment request by CMC Heartland Partners. On a 3-1 vote, they recommended to the City Council denial of the requested amendment to the PUD approval condition requiring execution of an agreement with the CP Rail prior to final platting. The majority of the Planning Commission felt that this agreement (which provides assurances to the City that the rail spur to Greif Bros . will be reiocated) is critically important to the overall PUD project design as approved. Commissioner Ingram cited the importance of getting new urban residential development underway east of Highway 3 and the acceptability or compatibility of railroad lines adjacent to residential in her dissenting vote. Staff has recommended to retain the approval condition as a means of ensuring that a significant feature impacting the approved PUD design will be resolved. This recommendation is based solely upon the ability to implement the approved design and not the merits of residential land uses adjacent to the spur. The assumption all along has been that the spur will be relocated. Therefore, the issue should not be viewed as a means of identifying potential design compatibility with the spur left in place. If this were allowed to become a worst case scenario, then substantial consideration would need to be given to the PUD design as a whole, including the initial phase of development and perhaps the philosophy surrounding overall land use for the property. The condition to require execution of an agreement was modified during approval from a stipulation requiring the physical relocation of the spur prior to proceeding with final plat approval . Evidence of an executed agreement was viewed by the Planning Commission and City Council as a satisfactor�r assurance that the spur relocation would occur. Absent some other form of guarantee for the spur line' s new location, Staff cannot support the applicant' s request as presented and would recommend that the Council direct the City Attorney to prepare findings of fact consistent with denial. Recoannended Actioa: MOTION directing the City Attorney to prepare findings of fact consistent with denial of the request to amend the Eastbridge PUD Final Development Plan approval condition requiring execution of an agreement with the CP Rail providing for the relocation of the railroad spur. City Council Actioa: ; ' , • • City of Rosemount Executive Summary for Action City Couacil Meetiag Date: Juae 21. 1994 Agenda Item: Eastbridge Planned Unit Agenda Sectioa: Development (PUD? ; PUBLIC HEARING Preliminar•y Plat & Rezoning Prepared By: Richard Pearson Ageada No: Assistant Planner l�C� � � `"� �::� i C Attachments: P.C. Memos; Applications; Approved By: Resolution; Ordinance; PUD/Ma.ster Subd. Agre�ment; Informational Documentation; Public Notice; Mailing List. Mr. Wayne Delfino, CMC Heartland Partners, is requesting approval of a residential planned unit development (PUD) , preliminary plat, and rezoning to develop 192 single family lots on 81.1 acres of land currently zoned SP Industrial Park. The PUD will facilitate the phased residential development. The preliminary plat will define lots, outlots, and street right-of-way. The single family lots and associated streets will be rezoned to R-1 Single Family Residential (detached) . A final plat for each phase will require review an.d recommendation by the Planning Commission and approved by the City Council as each is completed. The rezoning can be approved at the time of final plat approval which will legally described the properties and enable the recording. . The Comprehensive Guide Plan Land Use Designation for this property was changed to Urban Residential with the Met Council approval of ITpdate 2000 in December 1993 . The Planning Commission approved the Concept PUD on April 26, 1994 . The preliminary plat and related rezonings were discussed and reviewed by the Planning Commission at their meeting on May 24, 1994 . The Planning Commission recommended approval after considerable discussion encompassing the following: 1) the double frontage lots adjacent to CSAh 42; 2) park development location and timing; 3} acquisition of railroad right-af-way for residential development and spur relocation for Greif Brothers, Inc. ; 4) variances as indicated on the plan and identified by staff; 5) problematic lots similar to others that have required variances; 6) undevelopable outlots; 7) circulation and street design; and 8) concerns regarding the change in land use. The attached draft resolution outlines conditions of approval as recommended b the Plannin Commission and Cit staff. Recommeaded Actioa: MOTION to adopt A RESOLUTION GIVING APPROVAL OF TI�iE EASTBRIDGE PLANNED UNIT DEVELOPMENT (PUD) AND PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL PLAT APPROVAL. - and - A MOTION to table action on the rezoning request for the Eastbridge subdivision until final plat approval . City Council Action: ' 6-21-94.004 � ___ _ _ CITY OF ROSEMOUNT DAROTA COUNTY, MINNESOTA RE50LIITION 1994-77 A RESOLUTION GIVING APPROVAL TO THE EASTBRIDGE PLANNED UNIT DEVELOPMEN'P (PIID) AND PRELIMINARY PLAT AND SETTING OUT THE CONDITIONS FOR FINAL PLAT APPROVAL WHEREAS, the City Council of the City of Rosemount has received a Planned Unit Development (PUD) and preliminary plat for property legally described as follows : Lot Sixty-five (65) of Auditor's Subdivision No. One (1) , Rosemount, according to the plat thereof now on file and of record in the office of the Register of Deeds in and for said County and State; the same being all that part of the Southeast Quarter {SEln of Section 29, Township 115, Range 19, lying East of the railroad right-of-way of the Chicago, Milwaukee and St. Paul Railway, excepting therefrom the following: a) a strip of land heretofore deeded to the Burlington, Cedar Rapids, and Northern Ra.ilway Company of Iowa, by deed dated October 4, 1901 and recorded in Book 113 of Deeds, page 190; b) an easement to Minnesota Northern Natural Gas Company, a Minnesota Corporation, dated September 30, 1933, and recorded in Book 195 of Deeds, page 15; c) a strip of land containing 9 .9 acres, more or less, taken by the United States of America and described in Judgement on Declaration of Taking No. 1, dated September il, 1942 and recorded in Book 51 of M.R. , page 58; d) an easement containing 3.37 a.cres, more or less, to the IInited States of America described in Judgement on Declaration of Taking dated December 15, 1943 and recorded in Book 51 of M.R. , page 552; e) existing road and public utility easements; and 5) 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 (SEln of Section 29, Township 115, Range l9, 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 S1 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 (SEln of said Section 29, Township 115, Range 19, Dakota County, Minnesota. Subject tot he rights of the public and public utilities easements in the roadway along the north side of the premises herein conveyed, containing 16.6 acres, more or less. WSEREAS, on Ma.y 24, 1994 the Planning Commission of the City of Rosemount reviewed a PUD and preliminary plat and submitted its recommendation to the City Council; and WHEREAS, the proposed residential development is consistent with the City of Rosemount Comprehensive Guide Plan: Update 2000 land use designation; and WHEREAS, on June 21, 1994 the City Council of the City of Rosemount held the required public hearing for the Eastbridge Planned Unit Development and preJ.iminary plat. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Rosemount approves the Eastbridge Planned Unit Development and preliminary plat subject to the following: 1. modification of the phasing plan to include direct access to Biscayne Avenue or 145th Street West in the first phase; - • EastBrdg.PUD/PRE June 21, 1994• . Page 1 of 2 r� . - � . � M. . . . � . �a�, .._ _ �. __ . .. . . ..., _ _ ��� �, � 2 . provision of sidewalks and trails �as specified by the Parks and Recreation Committee with grading and seeding of the park at the time of initiation of the third phase with park dedication fees to be paid for each phase at the time of final plat approval; 3 . �evidence of Developer ownership of the land included in the preliminary plat; 4 . execution of an agreement with the CP Rail (Soo Line) providing for the relocation of- the railroad spur; 5 . screening of all residential areas from highways and railroad lines subject to City staff approval of planting strips that effectively screen view and reduce noise levels; 6 . proposed densities for the cluster housing and conceptual street accesses; 7. grading and utility plans and specifications approved by the city engineer; S . elimination of all references to variances for garage side yard setbacks and corner lot street side yard setbacks; 9 . outlot maintenance shall be the responsibility of the developer and will not be provided for by the City; and 10 . execution of the Eastbridge Planned Unit Development and Master Subdivision Agreement. ADOPTED this 21st day of June, 1994 . � �, ` � E.B. McMenomy, Mayor ATTEST: Sus n M. Wa h, City Clerk Motion by: Busho Seconded by: McMenomy . Voted in favor: Wi�permann McMenomy Staats, Busho Voted against: None .' ' EastBrdg.PUD/PRE ' June 21, 199Q . ' ' Page 2 of 2 ! . City of Rosemount . I . � , Executive Summary for Aciivn Planning Commission Meeting Date: May 24. 1994 Agenda Item: CMC Heartland: EASTB�vGE FIN,� Agenda Section: PLANNED UNIT DEVELOPMENT (PUD) OLD BUSINESS Prepared By: Richard Pearson Agsnda No.: Assistant Planner TTEM NO. Sa. Attachments: Final PUD Blueprint; Residential PUD Appr By Booklet; /'���G�� (� The final development plan for CMC Heartland Partners' Eastbridge Addition has been attached. The plan does not address all of the previously identified issues. If the Planning Commission finds that a recommendation of approval is appropriate, then further opportunity is provided for revision prior to the public hearing by Ciry Council. Rezommended Action: MOTION to recommend to Ciry Council approval of the Eastbridge residential Planned Unit Deveiopment with lot width variances subject to: 1) modification of the phasing plan to include direct access to Biscayne Avenue or 145th Street West in the first pha.se; 2) provision of sidewalks and trails as specified by the Parks and Recreation Committee with gra.di.ng and se�ding of the park prior to initiation of the third phase with Park Dedication fe�s to be paid for each phase at the ti.me of final plat approval; 3) evidence of Developer ownership of the land inciuded in the preliminary plat; 4) relocation of the railroad spur(s) prior to appmval of rezoning to a residential distirict; S) screening of all residential areas from highways and railroad lines with City staff approved planting strips that effectively screen view and reduce noise levels; 6) provision of east-west through street access conne�ting Biscayne Avenue to commercial and cluster housing land uses; � proposed densities for the cluster housing with conceptual stre�t accesses; 8) grading and utilities plans and specifications approved by the city engineer; and 9) execution of a planned unit development and master subdivision agreement. -,�vn - . A MOTI4N to recommend that City Council schedule a public hearing to hear testimony regardi.ng the Eastbridge Planned Unit Development. � Planning Commission Action: - s.2�-9a.osa . . . . ' . �: . . . � � . . . � ' . . . . . . . . • � ..� � ' ' - ; ` ,�?y, - � C 1 TY O F RO S E M O U N T 28�5°TMth s�t W�t .`y? P.0.Box 510 � Rosemaunt,MN -� Everyihing's Coming Up Rosemount�! 55068-0510 � �$ ' � Phone:612-423-4411 :Y ' Fax:012-423-5203 T�O: PLAu�1NING COMMiSSION FROM: RICHaRD PEARSON, ASSISTANT PLANNER Da�: MaY 19, 1994 . SUBJ: MAY 24� 1994 REGut.a�t NI�'rIlVG TtEv�ws AG�rma I�i 5A. ATTACHIVIE��ITS: Blueprint Revisions and PUD Narratives Sa. Cl�IC Heartland Partners: Eastbridge Residential Final Planned Unit Development On Apri126, 1994, The Planning Commission agproved the concept plan for xhe CMC FIeartland Partners residential PUD known as Ea.stbridge. The Planning Commission identified several issues during the concept review that should be considered for the preparation of the final development plan that will be forwarded to the City Council for public hearing. IssuE Su�rn�tY: 1. The lar�e number of double frontage lots and the resulting proxirnity of the houses to CSAH 42. Although the lots me�t minimum standards, the Planning Commission was concerned that the impact of CSAH 42 will be difficult to mitigate. 2. The location and timing of the "mini park" and the relationship to the neighborhood and the proposed cluster housing west of Bridgewater Parkway. According to the Park and Recreation Director, the park should be constructed with the first or second phase of the development and that connecting trails or sidewalks must be provided to link the major corridor tra.ils with parks as well as enhance pedestrian and bikeway access to the park. 3. The Developer should demonstrate that the railroad right-of-way included with the preliminary plat has been acquired and that the rail spur lines will be relocated prior to rezoni.ng from Industrial to Residential. 4. The comer lot twenty foot street-side yazd setbacks and five foot garage side yard setbacks indicated as notes on the preliminary plats may not be justifieri and are inconsistent with the current residential detached development standards of thury and ten feet respecrively. 5. Lots 8 and 22, block 1, and lot 6, block 8 are comer lots on off-set cul-de-sacs with three frontages. A similar lot in Shannon Hills Third Addition was the subject of a variance hearing that caused by an awkward yet code consistent house placement. � 6. Outlot B is a 45 ft. gap between Bridgewater Parkway and Greif Brothers, Inc. The City should not be expected to maintain this unbuilda.ble strip of land. In general, the Planning Commission had no objection to the large number of cul-de-sacs, but a stated preference for larger lots was made. Fnva�. DEv�.or�r P�r.arr: The Developer has made minor revisions that resulted in elimination of five lot width deficiencies. Bridgewater Parkway has been moved 15 feet west thus reducing Outlot B referred to in item #6 to 30 feet wide vs. 45 as shown previously. A buffer yard is appropriate to screen the incompatible aspects of the industrial use from the proposed residential use. As previously indicated, the �ity should not be liab�e for associated maintenance. � . , . � � ?!ir.ted on ree�eled pape� . !unraimnt 3J' :WY-fMSYRM'�'i).h'HIJI� � � May 24, 1994 Regular Meeting Reviews � ` " , CI�IC Heartland Partners Eastbridge PUD Page Two The street design has not been modified in response to previous concerns about possible future County action limiting access to CSAH 42. A temporary driveway is still shown between lots 20 and 21, block 1 connecting to CSAH 42 which will not likely be approved by the County. Lots 7 and 9, block 1, and lots 4 and 6, blocic 5 have acute angles for rear yards. While this is ' not specifically an ordinance deficiency, there is an impact on setbacks and the-amount of useable space and privacy available in the reaz yards because of the narrow width. The phasing plan has not been modified to include a street connection to Biscayne Avenue in the first phase, nor would the park be included in the first or second phase. The plan has not been modified to include sidewalks on the interior of Blackwell Path nor trails south of 145th Street and Biscayne Avenue as requested by the Parks and Recreation Commission. The conceptual landscaping plan has been modified only to the e:ctent that indicated tree types have been specified on the basis of type and size. Planning Staff is off the opinion that the indicated plantings may not provide the level of performance necessary to effectively screen noise and visibiliry to CSAH 42. FINDINGS: In approving the Concept Plan, the Pianning Commission must find as follows and forward its findi.ngs to the City Council. . 1. The plan provides su�f'icienr useable open space and evidences a subsranrial preservation of narural fearures to warranr the granring of variances through Plarc�zed Unit Development. 2. The Ptarc complies with the intent of the Comprehensive Guide Plan. 3. The proposed development will not be denzmental to surrounding properties. 4. The plan is more creative and will provide a bener livin;, working, or shopping environmeru than is possible under smct ordinance requirements. CONCLUSION: With the excepdon of the eleven lot width variances and the six "problematic" lots, the proposed residential PUD meets in;mum standards for single family detached development. If the Planning Commission finds that a recommendation of approval of the PUD is warranted, then the following conditions of approval should be attached to the motion: MOTION to recommend to City Council approval of the Eastbridge residential Planned Unit Development with lot width variances subject to: 1) modif'ication of the phasing plan to include direct access to Biscayne Avenue or 145th Street West in the first phase; 2) provision of sidewa�ks and trails as specified by the Parks artd Recreation Committee with gradi.ng and seeding of the park prior to initiation of the third phase with Park Dedication fees to be paid for each phase at the•time of final plat approval; 3) evidence of Developer ownership of the land included in the preliminary plat; 4) relocaxion of the railroad spur(s) prior to approval of rezoning to a residentzal district; 5) screening of all residential azeas from highways and railroad lines with City staff approved planting strips that effectively screen view and reduce noise levels; 6) provision of east-west throu�h street access connecting Biscayne Avenue to commercial and ciuster housin� land uses; � proposed ' densities for the cluster housing with conceptual street accesses; 8) grading and utilities plans . and specifications approved by the city engine�r•, and 9) execution of a planned unit development and master subdivision agreernent. . . � City of Rosemount Executive Summary for Action Planning Commission Meeting Date: Apri126. 1994 Agenda Item: CMC Heartland Concept PUD: Eastbridge Agenda Sectiun: � Addition � NEW BUSINESS Prepared By: Richard Pearson Agenda No.: Assistant Planner I'I'EM NO. 6c. Attachments: Memo; Preliminary Plat. � Appr ed B : t%�'�� Mr. Wayne Delfmo of CMC Heartland Partners is requesting approval of a Residentia.l Planned Unit Development to be known as Fastbridge. The preliminary plat shows 192 single family lots that would be developed on 81 acres and severai outlots for commercial, future cluster residential, and ponding uses. The land will have to be rezoned from BP Business Park to R-1 Singie Famiiy Residential (detached). Two additional parcels will have to be rezoned to Gl Convenience Commercial and R-2 Single Family Atta.ched. These actions can wait until the developer initiates development proposals for the parcels. Recommended Action: A MOTION to recommend to City Council approval of the concept review for the Residential Planned Unit Development "Eastbridge" subject to the resolution of the above mentioned issues with the fmal development plan. Pianning Commic.�ion Action: 4-26-94.06c . � ; � ' �w C1TY OF ROSEMOU NT ze�5°TMths�tW�t P.O.Box 510 ' ry�� Rosemount,MN `�? Everything's Coming Up Rosemourn!! 55aes-o5�o Phone:6 i 2•423-4411 Fax:612-423-52�3 TO: PLANYING CONIMISSION FROM: RICHARD PEARSON, ASSISTANT PLANNER DA'rE: ArxII. 21, 1994 , SUs,i: AP�. 26, 1994 REGv�.� �I�'rnvG REv�ws AGErmA I�i 6c. ATT� �, : Preliminary Plat 6c. C1�IC Heartland Partners, Inc. - RESIDENTIAL PLA1Vi�lED UMT DEVELOP.�NT CONCEPT REv�w: "Eastbridge" Preliminary Piat north of CSAH 42 between Biscayne Avenue and the Railroad Right-of-way PROPOSAL: Mr. Wayne Delfino of CMC Heartland Partners is requesting Planned Unit Deveiopment Concept approval for a mixed use project on 115.8 acres of land south of 145th Street West, north of CSr�I� 42 and west of Biscayne Avenue. The proposal consists of 192 single family lots, a 2.4 acre "mini park"; 13.8 acres of "cluster" homes; 8.3 acres for commercial uses and about 10 acres for ponding. Overall density for the single family residential is 2.47 dwelling � units per acre. The preliminary plat focuses on the subdivision of land. The concept PUD review focuses on land use issues with project refinement occuring at the fmal development plan review. The Developer wishes to concentraxe on the single family component of the PUD which amounts to 70% of the scope of the PUD. No infonnation has been provided regarding the cluster homes or the commercial area. The Comprehensive Guide Plan land use designation is Urban Residential and Commercial. AccEss. S�T �vn LoT D�Gx The developer is proposing one street connection to 145th Street east of Greif Bros. Inc., one access to CSAH 42 and two street connections to Biscayne Avenue. The single family uses are separated from the cluster and commercial uses by a north-south street built to collector street standards with no direct driveway access. This design is dependant on full access to CSAH 42 and County agproval. The local streets within the single family area meander through the 80 acres with two connections to Biscayne Avenue. There are six cul-de-sacs. The Developer is also requesti.ng a temporary access to CSAFi 42 between lots 20 and 21, Block 1 for construction. Double frontage lots will back up to 145th Street, Biscayne Ave. and CSAH 42. Private driveway access will be to the interior local streets. Sixteen lot width variances will be needed, three lot depth variances are needed and several rear yard lot corners have acute anales. � ' � �n����«„� . . . ` ' . � . . . � `ana,n,nc,�.� � .. ws�+�anwmer�.�nnma/s. � Planning Commission Reviews - C1�IC Heartland Concept PL'D Review "Eastbridge° � Apri126, 1994 Page Two P.� a.tvn SIDEw�.gs The Park and Recreation Commission reviewed early versions of the preiiminary piaz and recommended the 2.5 acre "mini park" that has been included. The Eastbridge PUD is a relatively small service area for a park but it is isolated from existing or planned parks by arterial and collector streets and the railroad. Sidewalks will be installed on the east side of Bridgewater Parkway, the interior side of Blackwell path and also connections to Biscayne Avenue where a bike path will be constructed. Park dedication will be land for the park and cash contriburion. PHASIIVG PL��1 Five phases are proposed beginning with 56 lots for the sprin� of 1995 along CSf1H 42. These lots offer maximum visibiliry and will contain the model homes. IDEyT'g"IED LSSiJES Staff has some initial concems re�arding the preliminary plat and phasing plan. 1. The initial phase should have access to Biscayne Avenue. The County review of an eariy version of this preliminary plat recommended that the traffic flow should be oriented to the east to Biscayne Avenue rather than north and south to CSAH 42 and 145th Street West. A possibiliry exists that the Counry will not allow a full movement intersection at CS�-1H 42. It seems unlikely that the County would allow the temporary construction access to CS�i 42 between lots 20 and 21, Block 1. 2. The Park should be contigous and complete with the first phase. 3. A 75 foot wide watermain easement tra.verses the site from east to west, extendin� from the south side of the Greif Brothers site. Two lots (lot 21, block 7 and lot 3, block 9) are sigiuficandy affected by the watermain and easement. Four other lots are impacted, generally in setback areas. The watermain will have to be moved and the easement reconfigured to facilitate the preliminary plat, or the plat could be reconfigured to align with this easement. 4. A grading plan has yet to be submitted and should show all home building pads to be at higher elevations than ponding areas and higher than the lowest point on CSAH 42. This co�guration will provide an emer?ency positive overland drainage outlet. As an altemative, a second outlet pipe crossing CSAH 42 to the south which performs the same function maq be considered. 5. The railroad spurs should be moved prior to rezoning from IP Industrial Park to R-1 Single Family Residential Detached. An argument could be made that the current location of the spur supports the existing IP zoni.ng designation as the hi�hest and best use of the land. • The Developer has indicated that negotiations with the property owner have been successful. Planning Staff cannot recommend approval of a preliminary plat that includes land not owned or controlled by the Developer. a � ' Planning Commissioa Reviews - CMC Heartland Concept PUD Review "Eastbrid e" � � Apri126, 1994 Page Three CONCLUSION . The proposed preliminary plat is a refinement of of a design that was reviewed by Staff last year prior to the completion of the Comprehensive Guide Plan update. The approval of the Guide Plan update allows the review process to proceed through the PUD review process. Given the comments provided by the County last year, a major revision was anticipated in contrast to the refinement that is currently being reviewed. If access at CSAH 42 is limited because of a med.ian closure, then perhaps the plat�throughway should be reoriented to Biscayne Avenue instead of CSAH 42. Recent county action regarding the left turn in to Rosemount Village Square from CSAH 42 may reflect a different approach that could result in a three- quarter intersection. Thus, only the left-out would be eliminated. RECONIlI�NDATION MOTTON to appmve the concept review for the Residential Planned Unit Deveiopment "Eastbridge" subject to the resolution of the above mentioned issues with the final development plan. � • � 2 � . i , � . MEMORANDUM DATE: April 22, 1994 TO: Ricic Pearson, Pfanner FROM: Bud Osmundsan, City Enginenr SUBJECT: CMC Heartiand Eastbridge Preliminary Plat and � Utility Review The engineering department reserves the right to review each phase as it is considered for fina! piat. A. WATERMAIN The preliminary utiiities plan shauld provide an 8" connection to the 12" trunk main in 145th St. West. Also an 8" main should be compieted on Bridgewater Parkway betwesn the two intersections with Bridgeport Way. B. SANITARY SEWER The site is adequately served with sanitary sewer trunk and interceptor facilities on CSAH 42 and Biscayne. C. STORM DRAIN As the comprehensive storrn water plan exists, we are unable to • ascertain if ihe proposed plat is in the City's best interests. It appears that trunk storm system faciiities will be necessary in the proposed Plat which wiil be addressed by a feasibiiity study which will be ordered on May 3, 1994. None of these issues should be considered a road block to approval of this concept plan. nk i � 3 � � • ' � � GARY H.STEVENSON,R.LS. DA K�TA CO U N T Y lANO I�NFOA T ON OIAEGTOR (612)891-7087. SUAVEY de LANO INFORMATION DEPARTMENT FAX(6t2)89t-7031 14955 GALRXIE AVE?vUE APPLE VALLEY.MiNNESOTA 55124-8579 ��t+... �,."��,,r..e-�i �•�`�� �� � July 13 , 1993 City of Rosemount 1167 - I45th St. E. Rosemount, I�Il�1 55068 ATT: Stephan Jil]t, Administrator ROSEMOL'NT BUSINESS PARK C;SC HF.�.�TLAND P�RTNERS Dear M�. Jilk: The Da.kota County Plat Commission met on July 12 , 1993 , to reconsider the concept proposals of ROS�OL'NT BUSINESS P3.rc..� and G�1C HE.'4RLAND PART�iERS. Said proposals are adj acent to C.S.A.E. NO. 42 and a_e, therefore, subject to the Dakota ' County Contiguous Plat Ordinanca. � The P1at Commission had tabled thesz pla�s until after the County Board considere� the effect ef C.S.A.H. NO. 42 being designated as a principal arterial. Based on the County Board's resolution, a full intersection will be allowed provided that it is located 1320 feet east of the eas� railroad track. Other requirements far approval are an internal road system that provides a throughway to Biscayne Avenue and covenants are recorded with the plat which release Dakota County from aII damages causad by future changes in median access from C.S.A.H. N0. 42. A copy cf the County Board resolution is attached. Restricted access is required to be dedicated on the remaining frontage alcng C.S.A.H. NO. 42. The preliminarg plats must be resubmitted with the corrections for further review before a recommendation is made. Sinc�ely, . /�" GG�, � ary H. Stevenson Dakota County Surveyar & Land Information Director Secretary, Plat Comrsission GHS/vf � *;��;i � � Pnnced on Reryclee Paoer ��`Qs � � AN ECUaL O??OATUNITY c�1?tOYER ,r Bz part Of the SOluiicrc � �a s � `.�' . � � � � CITY OF ROSEMOUI�IT � � z8�5-`;�t""eetWest P.O,Box 510 �" EV2t" thin S �0171111 U ROSE'illOUl"1t�.► Rosemount,MN ���� � � Y g� g p � 55068-0510 Phone:612-423-4411 fax:61 Z-423-5Z03 MENI�RANDUM TO: Mayor, City Councilmembers FROM: Rick Pearson, Assistant Planner DATE: 7une 20, 1995 SUBJECT: CMG Heartland Partners Eastbridge PUD Amendrnent A considerable amount of discussion continues to occur between the Developer and City Staff regarding the proposed amendment to the PUD relative to the railroad spur issue. Staff felt it appropriate to outline "pros and cons" as an aid to the discussion. PRO - Amend the PUD to allow final plat, rezoning and development of two housing phases (78 lots) with no guarantee that the spur will be moved. l. Expands housing stock east of the downtown central business district (CBD) with potential benefits to businesses in the CBD. 2. The housing development may spark additional development east of the CBD. 3. Biscayne Avenue is being unproved. CON 1. The highest and best landuse of approximately 103 acres of land with frontage on CSAH 42, mainline rail and adjacent industrial use may not be residential given that it is bisected by a rail spur. Furthermore, another use that benefits from rail access and proximity to a principal arterial should be considered if the property must be developed. 2. Sunounding incompatible landuses resulting in noise and visual effects challenge the developer to create amenities that would mitigate such impacts. 3. The absence of significant natural amenities result in questions regarding the developer's ability to attract and promote qualiry housing that sustains the ability to provide essential urban services. 4. The planned neighborhood would be fragmented by the remnant rail spur resulting in safety concerns and duplication of pazks and other infrastructure. 5. The Planned Unit Development for Ea.stbridge was conceived as possible only with the relocatio� of the rail spur. . . . . � � Pr nted on rxYcicd Naper . mnta nme 30�-� Do f con9um maten�ls. � Ciry of Rosemount Executive Summary for Action Planning Commission Meeting Date: Tune 13. 1995 Agenda Item: Eastbridge PUD Amendment Request Agenda. Sectioa: Public Hearing Prepared By: Andrew Mack Agenda No: Senior Planner 5 II Attachments: Applicant's application and letter dated Approved By: 5/18/95; Council Staff Report and PUD M approval resolution dated 6/21/94; ��l ` n May 24, 1 4 members o the Planrung Commission recommen ed approval o a PUD final development plan, rezoning and preliminary plat for the CMC Ea.stbridge Development located North of C.R. 42, East of S.T.H. 3, South of 145th Street and West of Biscayne Ave. Subsequent to the Planning Commission recommendation, the City Council approved the project, but delayed action on the rezoning and included a number of conditions to be resolved prior to proceeding with a final plat for the first phase of deveiopment. A copy of the 7une 21, 1994 Staff report to the City Council at the time of approval has been attached for your review. Although Staff has been working with the CMC Development Team over the past several months, a Master PUD and Subdivision Agreement has yet to be executed for the project. The request before the Planning Commission at this time is to amend or modify one of the most significant conditions of the project approval relating to the relocation of the Grief Bros. railroad spur line. The approval condition reads as follows: Execution of an agreement with �� the CP Rail (Soo Line) providing for the relocation of the railroad spur." The attached letter from the Developer's representative Mr. Reid Hansen, explains the rationale behind this request which is asking basically to allow Phase 1 & 2 to proceed with fmal platting and development. The condition for reiocation of the railroad spur would then apply to the remaining phases, the majority of which are located to the north of the spur line. The City Staff, Planning Commission and City Council have maintained all along that a decisive agreement must be in place so as to insure the relocation of the spur line. The spur has a substantial overall impact upon the design of the PUD. Without certainty as to it's relocation, the design of the project as a whole would be in question. Beyond the fact that CMC is still waiting for the judge to render a decision on the spur line relocation, Staff is not aware of any significant changes in the factors surrounding this approval condition that would warrailt it's modification or removal. The Planning Commission's recommendation will be forwarded to the City Council for action during a Public I3earing for this request wtuch has been scheduled for 7une 20, 1995. Based upon these considerarions, Staff would recommend that the applicant's request for amendment to the PUD approval condition be denied. Recommended Action: MOTION to recommend denial of the request to amend the Eastbridge PUD Final Development Plan approval condition requiring execution of an agreement with the CP Rail providing for the relocadon of the railroad spur. Planning Commission Action: Voted 3-1 in favor of recommending denial of request to amend the PUD approval condition requiring the executed railroad spur agreement. � r ,.. !� � , - MACHINE COMPANY, INC. . . � Metal Stampings made in U.S.A. � • _ 1301 KASSAN DRIVE•PRESCOTT,WI 54021 •PHONE 715-262-3251 FAX 715-262•3252 � City of Rosemount Planning Commission 2875 145th Street West P.O. Box 510 Rosemount , MN 55068-0510 RE: CMC Heartland Partners I Request for an Amendment to the Conditions of Approval for the Eastbridge Planned Unit Development To Whom It May Concern: We feel that Greif Bros . should have the say in the relocation of the S00 Line spur. They need proper set- back from residential housing . We also believe that this issue must be settled before any construction is started. Sincerely, , �- / ��_� , Robert Sebion Lynn Sebion Property Owners , City of Rosemount � • � SHORT ORDER SPECtAUST Date Receivect: � � City of Rosemount AF���F� P.O. Box 510 2875 145TH STREET WEST MAY 2 6 �95 RosEHtourrr, MN 55068-0510 (612)423-4411 CITY Ur nu�EtulOUNT ;, �CJ� .. ::>:<:>::::::::>::.;;>.>.::>:::`>::::>>. : : : :: >::>::::<>::::>::::::�.;::::::>::>::::».:>:<::>:::::><> ; : : ::�::::;:::>::.>;::::>::::.:::;::>::;::>...:::::::::� . . . .. .:. .:;. �`... P....... . .. ..........:..�.:...:............. .. ::::.::.::::.::::.:::::..::.::::::::: :::::: :: � :. :.: �: : :.: :: . .: ,� :: ..��,clrr..€���: .::::�...............).:::::::.�:.:................. _. ::::.::::::::: ::: ::::::::::::. , . . : �::��r�rrr�::�i�r�:..::::::::.:::: ::. .:::::._:::::::: :::,:::::::::::.:::::::::::..:.:�:::::.::::::.::.::::: ,::: ,., . ::::<.;;:.;::::.::::::::::::.:::::::::::.::>:A�'�'L��A'T�4j1�I::.F(�::.::.�:::.�:::::::::::;::::>:::::::::::.::::.::.:.:;.:;<�:::.::::.�:::::::.:,;;;:..::,::.::::::::.::............................. 1 CMC Heartland Partners I 312-294-0440 Name of Applicant (to be used on legal doctcments) Telephone No. 2 547 West Jackson B1vd, Chicago, IL 60680-6205 312-663-9397 Address of Applicant Fczx No. J C Johnson Consultants , Inc . 612-566-6158 3• Telephone No. Name of Consccltant 6601 75th Avenue. North, Brooklyn Park, MN 55428 612-566-4374 4. Fax No. Adclress of Corisultant $, Same as tt1 Name of Property Owner 6 Same as � 1 Address of Property Owner Telephone No. Industrial P.U.D. Residential 7. Current Zoning Proposed Zoning (if applicc�ble) g Agricultural P.U.D. Residential Present Use Proposed Use (if applicable) 9• $ Received By PUD Fee ($250.00) Escrow 1$500.00) �,.����, v�� Fr.r2 �uD �CE���4.��J 10. Street Address of Property(ies) Involved: N/A Current Description(s) and Survey Attached? see attached Revised Description(s) and Survey Attached? No 6. ProjeCt Description: Eastbridcte Planned Unit Development - Applicant seeks an amendment to the conditions required by the City of Rosemount as a result of the Rosemount Citv Council _ ac�t-i �n �n June 21 , 1994. See attached letter dated Ma_y 18 1 �95 . PUD/APP 8/5!9''. 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I7 / i lE6END � 3 , o� i� � �1 IS ER A i E W %� �;�:�' o�` .,•`��`� ,E>„�� �i � �� � ' D�O "� /"� �-' � _ ;::ru:�.� o � - e ,` ;, ° �• ��c' ..�.1c"` � � ��' o..er.�� VF-i �s a aa ez a i� �or s e'� � � ��" � zs Q '�ro • 1e �,�.ii� x �xs rn�rv+.,n t 6 : .-- /� . � n w-I , � �'- , � o `- � .. .. . � �- .. � � � __._____ '-.—_" Z, _`_ �i�i'._'�/ i I �i ... �4R�Ent " __�'_ , _��'—_____-.. _.... .. _ eM ... ..............,___ .._ . ... ._.. /. w . `— ... .� ....... � ' ..w � K�wu ... ..' - _���.�-�---��,y / --f_�._L��-'� I � � ♦u( ► � .� r�_ __ ��LN_�--� ._ _ _�-..........__��..!- xM�� . _ .. _ __ '7 —'— v— �-- _:_,_-'_ .... ..._--r._._"'... . ... : , •' � _ —_—� �_:�'_ ._..__....._.. .._._.. __.._.___ "' . .._. , � ..v�.-.�—_-:'° t�� ` ..�. �:�� �"' ' �l� ' ���� ' i I I e ,.��<«�.�, �.�%/// ...,..., McMENOMY, HANSEN & McCANN A PROFESSIONAL ASSOGIATION ATTORNEYS AT LA W . DAKOTA CENTRAL OFF[CES 14450 SOUTH ROBERT TRAII. ROSEMOUNT,MtNNESOTA 55068 EDWARD B.McMENOMY TELEPHONE:(612)423-1155 REID J.HANSEN MICHAEL C.NtcCANN TELECOP[ER:(612)423•1157 RICHARD L.O'CONNOR May 18, 1995 Tom Burt City Administrator City of Rosemount 2875 145th Street West P.O. Box 510 Rosemount, Minnesota 55068-0510 Re: CMC Heartland Partners Planned Unit Development: Eastbridge Proj ect Dear Mr. Burt: On behalf of CMC Heartland Partners I would like to thank you and the city staff for taking time to meet with us several weeks ago regarding our project. As was discussed at our meeting, CMC is interested in pursuing its development of single family homes on Phases 1 and 2 of the Eastbridge Planned Unit Development (a copy of which is attached hereto for your reference) . Also, as we discussed, CMC is interested in pursuing the development of 0utlots A and B on the Eastbridge Planned Unit Development for multi-family residential housing. Since Rosemount's Comprehensive Guide Plan identifies Outlot B as a multi-family residential district and Outlot A as a commercial district, it will be necessary to obtain a minor Comprehensive Guide Plan Amendment with the Metropolitan Council as well as a full planning review of the development since it was not part of the Eastbridge Planned Unit Development. As you recall, on June 21, 1994 , the Rosemount City Council unanimously approved the Eastbridge Planned Unit Development, after public hearing, provided several conditions be met. As you are aware, we have been engaged in the process of negotiating and completing the Development Agreement which addresses virtually all of the conditions set forth by the Rosemount City Council. We also expect to have, in the very near future, a set of grading and utility plans approved by the Rosemount City Engineer. We also have closed on that part of the property which CMC did not own, purchasing the same from the University of Minnesota (a copy of the deed transferring title is enclosed herewith for your reference together with a title commitment from Old Republic Title Insurance Company, showing ownership of the land comprising the Eastbridge Planned Unit Development in CMC Heartland Partners, which was also one of the requirements of the Rosemount City Council's resolution approving the Eastbridge Planned Unit Development) . Tom Burt May 18, 1995 Page Two Frankly, as we have advised you, CMC has been unable to date to secure an agreement with CP Rail, the Canadian company which owns the "Soo Line" , which presently has a railroad spur located in Phase 3 of the Eastbridge Planned Unit Development. As we have informed the City of Rosemount on many occasions, CMC continues to attempt to relocate the spur amicably in order that no resulting harm falls upon the Greif Brothers Company operation. As you will note from the title commitment, there is no written or recorded evidence of any right, title or interest of the railroad on the Eastbridge Planned Unit Development. As the City is aware from our numerous contacts over the months ensuing after the approval of the Eastbridge Planned Unit Development, CMC anticipated that a lawsuit between it and CP Rail, heard in Federal District Court in Illinois last September, would provide a suitable impetus for CP Rail to negotiate reasonably with respect to the spur relocation. As we informed you at our recent meeting, the Judge has not yet rendered a decision on the matter and, accordingly, a reasonable resolution on the spur relocation has not yet been attained. CMC remains firm in its belief that a reasonable resolution will occur which will not adversely affect the Grief Brothers operation, which is the only operation served by the railroad spur. As you can see from the Eastbridge Planned Unit Development, no one has a greater interest in relocating the spur than CMC due to the numerous number of lots (and planning revisions to that part of the land of the Eastbridge Planned Unit Development lying north of the railroad spur) which would be lost if the railroad spur were not relocated. It is CMC's belief and resolve that it is only a matter of time before the spur will be relocated. Since it is only a matter of time, CMC feels comfortable in commencing to develop that part of the Eastbridge Planned Unit Development (Phases 1 and 2) which lies south of the railroad spur's present location. The site has been graded and, upon approval of the final utility plans, construction of utilities could commence. I am sure you recall the enthusiasm with which the CMC proj ect was received. CMC owns approximately 330 acres in close proximity to Rosemount's downtown area which can be readily served by city utility services. At a time when most of Rosemount's land west of Highway 3 is developed (or in the case of the Kelly property at a "stand still") , proceeding with the CMC development makes eminent sense from a standpoint of improving Rosemount's tax base as weil as its economic base for downtown commercial development in Rosemount. Tom Burt May 18, 1995 Page Three A minor revision of the Rosemount City Council's resolution approving the Eastbridge Planned Unit Development would allow the City of Rosemount to commence its residential expansion eastward, with its attendant beneficial results to the economic vitality of Rosemount and its downtown commercial district. CMC simply asks that the condition requiring an execution of an agreement with the CP Rail providing for the relocation of the railroad spur be amended by adding the words "before commencement of construction of Phases 3 & 4 of the Eastbridge Planned Unit Development" to the condition's conclusion. we would greatly appreciate having discussions with both the Rosemount Planning Commission and the Rosemount City Council as soon as it is reasonably possible to discuss any issues raised by this minor revision which CMC proposes be made to the Rosemount City Council's resolution approving the Eastbridge Planned Unit Development. CMC Heartland Partners is certainly willing to address any concerns the City may have in allowing it to proceed with Phase 1 and 2 prior to reaching a spur relocation agreement with CP Rail. - We thank you in advance for your time and consideration in considering our request. Very truly�yo�rs, / � FOR THE� FI �. � � . � � Reid . 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