HomeMy WebLinkAbout4. Empire Township Comprehensive Guide Plan � , a
• ' , '' City of Rosemount
Executive Summary for Action
City Council Meeting Date: Tulv 20, 1993
Agenda Item: Empire Township Comprehensive Plan Agenda Section:
NEW BUSINESS
Prepared By: Lisa Freese Agend�i�q:-p� �
Director of Planning 1 C IY1 7�
Attachments: Proposed Letter, PC Review, Farmington Approved By:
Letter, Empire Comprehensive Pla.n
Empire Township has completed a Comprehensive Plan and has submitted it to the Metropolitan
Council for formal review and action. As required by the Metropolitan Land Planning Act, the
Township has provided adjacent jurisdictions with a copy of their plan for review and comment.
A copy of the Empire Comprehensive Plan is inciuded with the Council packet.
Planning staff and the Planning Commission have reviewed the Plan and are recommending that
the City send a letter commenting on the plan to the Township and Metropolitan Council. The
Planning Commission is recommending that a letter be sent jointly by the Commission and City
Council based on the issues discussed in the July 13 Planning Commission review. Included in
your packet is a letter drafted for your review and approval. If you have additional comments
regarding the plan please feel free to incorporate them into the drafted letter.
Recommended Action: A Motion to approve the comment letter as drafted regarding the
Empire Comprehensive Plan and forward it to the Township o�cials and the Metropolitan
Council.
City Council Actiont
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PHONE (612)423-4411 2875-145th Street West,Rosemount,MinrresoW MAYOR
FAX (612)4235203 Mailing Address:
Edward 8.McMenomy
P.O.Box 510,Rosamount,Minnesota 5506&0510 COUNCILMEM9ERS
7uly 21, 1993 sne��a K►�,
James(Re�Staats
Harry WiNcox
Dennis Wippertnarm
G.E. Stelzel, Chair
Em ire Townshi Bo3rd n�nniNisrw�Toa
p P Stephan Jiik
3385 197th Street West
Farmington, MN 55024
RE: F.MPIRE COMPREHENSIVE PLAN
Dear Mr. Stelzel:
The City of Rosemount has received and reviewed the Empire Township Comprehensive Plan.
We wish to commend your effort in establishing a guide for your community which for the most
part encourages sustainable agriculture in the Township. We acknowledge that there are
tremendous growth pressures in the general regional and we are encouraged that the townslup is
attempting to set standards to deter premature growth.
The City is particularly encouraged by the following policies within the Plan:
" Nonfarm residential development in Agricultural areas not exceeding one farm dwelling
per quarter-quarter (40 acres).
" Lot Divisions of more than one lot will require platting and lots less that 10 acres will
require platting and eonveyance by register land survey.
We hope that the township will proeeed immediately to implement these policies through
incorporation into your zoning and subdivision regulations.
There were several policies in the plan that the City of Rosemount had concerns and we would
like to comment on those items for the record.
'� Industrial Policv. The plan incorporates an industrial policy which states that industrial
development should be limited, but the Township did not clearly spec�ed what was
rneant by "limited". The CiCy would hope that the township would consider defining
those uses better and providing more guidance as to what locations that such uses
would be considered acceptable. '
�` Institutional Poiicv. The City of Rosemount would like to encourage the Township to
take a stronger position with regard to non-University related uses on the University of
Minnesota Research Center. The plan as worded seems to accept that if this type of
development occurs on the University while the land is sti11 owned by the University
that the Township would not be concerned. The City of Rosemount has been quite
concerned about this type of activity occurring on the property and would seek the
Township's support in adopting more restrictive policies similar to those in the City's
recently adopted comprehensive plan.
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, . En�� Coivir��xs� FiArr
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* Establishment of a Rural Center. The City of Rosemount understands the need to
consider this area of Empire Township as a rural center to bring the existing
development into conformance with regional policies. However, the City is concerned
that the Comprehensive plan provides for expansion of this rural center. Given the fact
that cities such as Rosemount, Fannington and Lakeville are within a few miles of this
center, Rosemount questions whether or not Empire needs to expand this area in the
future beyond thase developments that have been approved by the Township previously.
* Expansion of Water and Sewer Facilities. The City is pieased that the Townstup has
developed a policy for water and sewer facility expansion, but hopes that the Township
will not extend such seruices unless there is a health issue.
'� Rural Residential. The City is pleased that the township has adopted a 1 utut per 1Q
acre requirement in the rural residential area, but we are concerned with only a l-acre
minimum for septic developrnent and the potential for comrnercial development
considered by the Townstup plan.
Additionally we have identified a couple of areas that we feel should have been addressed in your
plan, but were not discussed.
�` Annexation policX. As growth continues in the general region, the Township will
continue receive development pressure. As a bordering community we feel it would be
very helpful if the township would address through a policy what the develapment
threshold is that will result in the Township encouraging the annexation of land. The
plan makes little or no mention of what that policy may be. A transition plan of this
nature would be appreciated by Rosemount.
�` Gravel Minin�. Little is mentioned in your plan about the various gravel mining
operations within the Township. Since these operations have a profound affect on
adjacent properties, the City of Rosemount would encourage the Township to develop
more extensive policies pertaining to this use.
Again, we thank the Township for the opportunity to comment on your Comprehensive Plan.
We hape that your understand our concerns and will try to address them as you facus your
efforts towards implementation.
Sincerely,
Cathy Busho, Chair
Planning Commission
E.B. McMenomy, Mayor
City of Rosemount
cc: Dottie Rietow, Metropolitan Council, Chair
Craig Morris, Metropolitan Council, District 16
Richa.rd Thompson, Metropolitan Council, Principal Reviewer
Jeff Connell, Resource Strategies Corporation
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LAW OFP'IC£S
BBIGGS AND MOAGAN �
• PROFESSIONAL,ASSOCiATI01�
2200 FYBST ::A7IO2CAL BATH HUILDIh'O ,
SAI\T PAUL�MI2C2�ESOTA 8310!
TELEPELONE (A121 2`z3-6fl00
PdCSIMILE 1912) 223-6450
ML'.'1�P.dPOLIS OPFICE
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(612) 223-6666
DELIVERY VIA MESSENGER
Ms. Dottie Rietow, Chair
Metropolitan Council
230 E. 5th Street
St. Paul, Minnesota 55101
Re: City of Farmington xearing Request on Empire Township
Comprehensive Plain
Dear Chair Rietow:
We arepresent the City of Farmington. Under the authority of
Minn. Stat. §473 . 175, Subd. 2 , the City of Farmington requests the
Metropolitan Council to conduct a hearing to allow the City and
others to present its views on the proposed comprehensive plan for
Empire Township dated June 8, 1993 . The City received the draft
comprehensive plan from Empire Township on June 16, 1993 so this
hearing request meets the 30 day requirement of Minn. Stat.
§473 . 175, Subd. 2 .
The City is requesting this hearing for two principal reasons.
First, the City believes the comprehensive plan of Empire Township
raises significant issues for the broader Farriington area community
and for the Metropolitan Council as both strive to deternine how to
manage urban growth, preserve rural and agricultural areas, and
ensure the efficient delivery of public services. Second, the City
has petitioned the Minnesata Municipal Board for annexation of
portions of Empire and Castle Rock Townships and believes the -
Council needs ta address annexation issues as part of its review of
Empire Township's comprehensive plan.
The City will be submitting detailed comments during the last
week of July outlining its concerns with the Township' s draft
comprehensive plan pursuant to Council guidelines for reviewing
' local comprehensive plan amendments.
The City looks forward ta warking with you, other Council
members, and Council staff in determining how to best to conduct
the hearing and resolve the outst�nding issues.
� •
BRIGGS ,Axn MORGAN
Ms. Dotty Rietow
Page 2
July 13, 1993 ,
Please eontact me if you have any questions or desire
additional information.
Sincerely yours,
BRIGGS AND MORGAN, P.A.
. B - �
Y
Timothy .E. arx
Attorneys for the City of
Farmington
TEM:cf
cc: E. Craig Morris -- Council Member District 16
Peter Schmitz -- Empire Township Attorney
James Sheldon -- Castle Rock Township Attorney
Patrica Lundy -- Minnesota Municipal Board
Jay Heffern --- Metropolita:� Council, General Counsel
Richard Thompson -- Metrapolitan Council, Senior Planner
Thomas R. Caswell -- Metropolitan Council Environmental
Planner
Thomas M. Melena -- Apple Valley City Administrator
�bert Erickson -- Lakeville City Administrator
ephan Ji1k -- Rosemount City Administrator
Larry Thompson -- Farmington City Administrator�
Charles Tooker -- Farmington City Planner
' G'ity of Roser�ount
Executive Summary for Action
Planning Commission Meeting Date. JuIY 13. 1993
Agenda Item: Ernpire Comprehensive Plan Review Agenda Section:
OLD BUSINESS
Prepared By. Lisa Freese Agenda No.:
Director of Planning ITIIVI NO. 12
Attachments: MDIF--Rural Centers, Empire PIan Approved By:
(distributed previously) �ti�.p-Q-Q,
At the previous meeting, copies of the Empire Comprehensive Plan were distributed, but we did
not have an opportunity to discuss it. Currently, the Plan is being reviewed by the Metropolitan
Council. The City has until July 29th to subrnit comments on the Plan.
I have reviewed the Plan and commend Empire in its efforts to put together a comprehensive plan.
The plan establishes a 1/40 acre standard for nonfarm residences in the Agric�lturai areas which is a
positive step tawards preseiving fa.rmland from premature development.
There are some areas, however, that I think the City af Rosemount should be concerned about and
may wish to comment on:
1) Establishment of a Rural Center. This designation allows residentiai development with utilities
in the community. Currently the only zural centers that exist in the metro area are incorporated
places such as Lake Elmo, Norwood and Young America. This would be the first time that the
Metrapolitan Council allow a township this status. The concem that I see with this is that it
may be more appropriate to consider annexation of this area to Farmington rather that provide
this precedent setting desibnation.
2) Gravel Minin;. The plan does not discuss the gravel minuig operations and how they fit into
the agricultural areas.
3) Institutional. The plan does not take a very strong stand with regard to the potential
development of the University of Minnesota for non university related uses.
4) Industrial. The plan has an industrial policy which states that industrial development should be
limited but it leaves open a windaw of opportunity for Ag related industrial uses on a case by
cases basis. Rosemount should be concerned be it is really not clear what industry the
Tawnship will consider and where the would allow it to occur.
5) Annexation. The plan does not formally address its policy on annexation as parts of the
tawnship become pressured for urban development. If this type of policy were clearly laid out
by the Township and the adjacent communities felt comfortable with its contents, it may red.uce
the urgency to consider annexafion. �
Please take the ti.me to review the pian. On Tuesday, I would ask that you make a recommendation
to the City Council regarding the areas of the plan that Rosemount should cornment on. �
Recommended Action: A motion to direct staff to prepare a ietter to the Metropolitan
Council regarding the Empire Comprehensive Plan from the Planning Commission and City
Council.
Planning Commission Action:
07-13-93.OT2
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Development and InvestmeM Framework �
the metro centers wi(1 receive the Council's RURAL SERVICE AR€A
highest investment priority.
Commercial Agriculturat Area
Regionat Business Concentrations The commercial agricuitural area includes those
12.The Metropolitan Councit supports continued lands certified by local governments as eligible for
growth and inc�eased densities in regional agricultural preserves under the 1980 Metropolitan
business concentrations and will give invest- Agricultural Preserves Act.?his approach places the
ment priority second only to the metro centers �Ponsibitiry for defining agricultural lands on local
for the mai�tenance of inetropolitan systems $�rnments. With Council proteciion poli�ies for
serving the concentrations. commercial agriculture focused only in areas where
there are local grnrernment plans and protections,
local a�d regional policies support one another.
Futly Developed Area
The amount of land induded in the commercial
13.The Metropolitan Countil supports the agricultural area is large, covering about 600,000
maintenance and upgrading of development acres in 1985.This constitutes over half the farmland
and service facikities in the fuily developed �� the seven�ounry area.
area. Reinvestmenf for maintenance and The geographic area defined as the commercial
replacement of inetropotitan systems serving agricultural area is subjed to frequent change when
existing devetopment in the tully developed tied to the Agricultural Preserves Act because {and
area will take priority over investment for ex- can go into and out of certificatian when local
pa�sion in the devefoping area. . g�Fnments decide to alter its status. Locaf govern-
ments rnay replan and rezone certified areas if a
Developing Area change in policy is desired,but this change must oc-
, cur as a public process.For the purposes of this docu-
14.Urban ex ansion in the devela in area should ment,the commercial agricultural area is defined as
� P p $ the area certified as of March 1 of each year. This
� be planned, staged and general(y contiguous date is the end of each Council reporting year re-
to existing development. The Metropolitan quired under the Agricultural Preserves Act. ►
Council wiN work with the metropolitan agen-
cies and the Minnesota Department of
Transportation to provide metropolitan systems Under the Agricultural Preserves Act,a local govern-
at the time,place and size needed to support ment passes a resolution certifying land eligibte for
grawth based on regionat forecasts. protections and benefits and limiting housing den-
siry to one unit per 40 acres. The certified area is �
15.System investment to serve additional residen- then considered long-term agricultural land. The
tial land beyond regional forecasts will receive �Q�a) comprehensive plan and zoning ordinance �
a lower priority than system investment to serve must reflect this land use and zoning, Farmers own- �
unanticipated economic development. ' ing land within the certified area may then enter the �
- program. land in the program is refe�red to as t
� covenanted land:The Agriculture Preserves Act pro-. �
Freestanding Growth Centers vides protection for the farmer from urban
assessments, property taxes at development value
16.The Metropolitan Council supports urban- and confliding land uses in eacchange for a lega)
density residential,commercial and industrial commitment to continue farming for at least eight
development in freestanding growth centers. �a�•
Since tE�ey are a microcosm of the Metropolitan
Area,The Metropolitan Council wiil make in- Within the commercial agricultural area,all land has
vestments in metropolitan systems serving been certified by local governments as eligible for
freestanding growth ce�ters based on the fut- the agricufture preserves program. However, the
ly developed and devefoping area poticies, as Council recognizes two levels of protection in the
applicable. commercial agricultural area:primary and secondary
protectian aceas.
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,_ Primary protection areas are lands covenanted as residentiaC density on the basis of 40-acre pareels.
agricultural pre�erves. They will receive the greatest This wiil prevent possible urban-density clusiering
protection possible from incampatible uses because of a large number of homes on small minimum lot
the greatest leve!of commitment to farming has been sizes, but within the overall density cap.The Coun-
established. cil opposes such clustering because it tould resutt
in the need for urban services,such as package sew�r
Secondary protectian areas couer the farms in the dispo5al systems.
area that have not yet formed agricultural preserves.
The Cour,cil believes the commercial agriculture Existing Urban-Densiry Development
area is a place rvhere agriculture is the best perma- Residential subdivisions, mobile home parks and
nent use of the land. Long-term investments in farm clusters of moderate-densiry residential development
equipment and in land preservation can be made atso exist in the general rural use area.They frequent
with the con�dence that urban development is not ly demand urban services but are in locations where
going ro destroy or limit these invesiments. urban services are ditfitutt or costly to provida The
Councit's principal cQncern is the potential need for
General Rural Use Area - . the costly extension of central sanitary sewer and par-
titularly metropolitan sewer service. The Councif
supports developmeni in the general rural use area
The general rural use area is the area outside the ur- consistent with service levels appropriate for a rurat
ban service area that is not designated for commer- area. Local governmenu with existing urban-density
cial agriculture. Over 40 percent of the land in the development should address the operation and
' Metropolitan Area falls in this category.The area con- maintenance issues of on-site systems to avoid poten-
tains a wide variety of land uses, including tial problems and the eventual need for costly 1oca1
agricultural, residential and urban-type facilities. investmenu.
There are sizable parts of the generaf rural use area
that host no particular kind of land use—land that Urban Uses
is often called unused. Most of the area looks rural,
but many of its residents are tied economically to Many facilities exist in the genera( rural use area that
the urban area and many of its land uses provide ser- require isolated and spacious locations but serve
vices to people living in the urban service area. primarily the urban public.These facilities include
campgrounds and retreational vehicle parks,
Fourmajor rypes of uses exist within the general rural re ional arks trails,waste dis
use area. g p � posal installations, rac-
ing facilities, gun clubs, festivals, mining sites and
Genera) Farmland similar facilities.The general rura)use area is an ap-
propriate location for these facilities.The Council's
interest is that these facilities are adequately serv
A large part of the general rural use area is devoted ed,consistent wiih local and regional plans,and to
to agriculture. The Countil supports the continua- the extent possible, that they do not interfere with
� tion of agriculture and encourages local ga,�ernments agricultural activities.
( to support it by zoning agricultural land at one unit �
� per 40 acres. For farms within an area so zaned that
subsequently sign up for the agriculture preserves Rural Centers
program, the Council will reclassify them as part of
the commercial agricultural area. Rural cente�s historically have served as retail ser-
Rural Residential Develo ment �ice centers and transportation eenters for the sur-
Q rounding n�ra)area. However,changes in agriculture
and rapid urban expansion have changed the tradi-
Rural residential development consists of homes on tional rural service roles of many of these small
large lots in areas that are hilly, wooded or other- centers to residential areas for urban people and
wise unsuited to agricultural production.The Coun- locations for industries with (ittle tie to local
ci!considers rural residential development a perma- agriculture. The tatter make use of available labor
nent land use and not an early stage of urbaniza- in rural areas and, by their nature, tend not to be
tion. The Council supports this type of use as long dependent on close contact with otherfirms for their
as the density does not exceed one housing unit per supplies or critically dependent on transportation.
10 acres of land. The Council will compute rural
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Development artd tnvestment Framework
The Council has identified 35 rural centers, with propriate,needed to serve it.Financing of neeessary
populations ranging from just over 100 to morethan support services would be a lacal responsibility.
S,OOQ. Some rural centers, such as Norwood and Areas of existing urban-tiensiry uses are likely can-
Young America, encompass the entire corporate didates for selection as new rural centers.
limits of the community.Others,such as Lake Elmo, ' •
are small enclaves within a farger rural communiry. Rural centers should accommodate additional
development consistent with their abiliry to finance
Services available within rural centers vary. Some and administer services, including sewer, roads,
have central sanitary sewer, others depend on on- waterand storrnwater drainage.lf additional land is
site waste disposal systems.Some have central water needed to accommodate growth, rural centers
systems.Some provide the fu19 range of convenience should extend serviees in a staged,contiguous man-
retai!stores,while others have only a bar or gas sta- ner. Residential,commercial and industrial develop-
tion. Same have small manufacturing or service ment at urban densities should be accommodated
businesses;others are almost exclusively residential. only in rural centers with cent�al sanitary sewers that
The Council does not wpport the extension of are meeting state and federal water qualiry standards. ;
regional systemS to rural centers because of the Larger projects sfiould be (ocated in freestanding
distance from the urban center and the small popula- growth centers that have a full range of servites. }
tions of rural centers. _
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Rural locations in the past decade have been attrac- RURAt SERVICE AREA POLICIES '
tive and some, although not all, communities have �
experienced an upsurge in growth, principally Commercial Agricuitura( Area �
residential development. Deve(opment trends are I
down from the highs noted in the early 1970s but 17. 7he Metropolitan Council supportsthe long- �
continue at modest levels into the 1980s. term continuation of agricuiture in the rural
service area.The Gouncif witl use the fotlow- s
6 Several services are important in adequately serving ing ranking in decisions to accommodate �
� additional rural center development, but sewage facilities serving urban residents. �
disposal is the most critical. Urban-cJensiry develop- t
� ment in an unsewered rural center poses the risks 1. Primary protection area: Land covenanted ;
of on-site sewage system failure, contamination of in agricutture preseroes wil! receive �
groundwater and eventually the expense of new on- primary protection. Urban facilities should (
site or central sewer system insiallation. The be prohibited in this area unless there is �
possibiliry also exists that remedying a pollution strong documentation that no other loca- �
problem may require an extension of inetropolitan tions in the Metropolitan Area can ade- �
sewer service through rural areas. Lack of sewer quately meet the siting and selection
service is a serious constraint on the amount and criteria.
rype of development that rural centers can safely
accommodate. 2. Secondary protection area: Lands certified
but not presently in agricultura! preserves
Some parts of the rural Metropolitan Area,espetially will receive a level of protection secondary }
� Anoka Counry, are receiving large amounts of scat- to agricultura! preseroes. Urban facil'ities t
tered urban development. This scattered develop- should not be located in this area unless
ment poses service problems and may,at a later date, there is strong evidence xhat a proposed
result in very high local service costs. The Council urban use cannotbe located in the genera(
proposes a strategy that offers loca) govemment an rural use area.
atternative way to structure this development by
designating and creating a"rural center."These new
centers wouldbe limited enclaves for urban-density General Rura( Use Area
iand uses, facilities and services within the loca!
governments' broader corporate boundaries. They 18. The Metropoiitan Councit supports long-term
would not be coterminus with the entire corporate preservation of agriculturat land in tf►e
limits. Under this strategy,a loca!government would general rurat use area. However,the Councif
identify an area to receive urban-density residential, wiil also support residential development at
commercial and industrial devefopment and the densities of no more than one unit per 10
facilities, including local central sewer, where ap- acres computed on a 40-acre basis (a max-
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, t . � � . � . . � . �. . . .
imum of four units per 40 acres),The Coun- center's ptans to accommodate additio�al
cif witl not extend metropolitan systems to growth provided they are consistent with the
serve urban-density residenfial development center's ability to finance and administer ser-
in the general rurat use area. Where urban- vices, particular{y sewer service. The Courn
density development a(ready exists, a Iocat cil supports rurai center 'service im-
government shoutd address service issues in provements but not at regiona) expense.
its ptan, particularty on-site sewer system
operation and maintenance. 2 0. The Counci!will support a local government's
plan for a new rural center and its requests
far state and federal gra�ts,provided the locat
Rural Centers government restricts urban densities from sur
rounding rurat areas and rvill support the new
19. The Metropo[itan Council wil)support a rural center with necessary service imestments.
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