HomeMy WebLinkAbout5.b. Country Hillls 4th Addition - Final Plat / PUD AmendmentCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: JUNE 4, 1991
AGENDA ITEM: Country Hills 4th Addition -
AGENDA SECTION:
Final Plat/PUD Amendment
OLD BUSINESS
PREPARED BY:
AGENDA`ji����//�a�
Dean Johnson, Resource Strategies Corp.
#'Ar
ATTACHMENTS: Memorandum; Plat; PUD Exhibits.
APPR D BX:
I regret that there was confusion surrounding the plat procedure for
the Country Hills 4th Addition. While the process is routine in my
mind, I neglected to remind City staff of the procedure affecting the
Country Hills development. In all of the larger phased planned unit
developments, an overall preliminary plat is approved, as well as the
PUD. A public hearing is held prior to the preliminary plat approval.
Another public hearing is held prior to the final PUD approval. As
each individual phase is proposed, a final plat is reviewed and
approved. This is done without a public hearing.
In the case of the Country Hills 4th Addition, the Planning Commission
reviewed and recommended approval of the final plat on April 9, 1991.
The Commission also reviewed and recommended approval of an amendment
to the PUD. The amendment was in response to a change in the phasing
plan for the development and park land dedication. These changes
reflected actions of the City in the development of the Shannon
Park/elementary school project and associated public improvements. The
referral of the final plat/PUD amendment to the City Council was being
timed with the completion of the feasibility study/plans and
specifications by the consulting engineer. In the interim, the City
Council discussed other development concerns, surrounding the U.S. Home
Corp./Kelley Trust properties. While the developer was aware of the
development procedure necessary, I believe confusion over the need for
a preliminary plat hearing was in response to larger development
concerns being discussed by the City Council.
In summary, the preliminary plat public hearing set by the City Council
is not necessary. I hold myself responsible for not communicating the
procedure more clearly. Attached is a variety of background
information, including the recommendation of the Planning Commission.
A review and discussion by the City Council is appropriate at this
time; however, I would recommend withholding final approval until the
plans and specifications are scheduled to be on the June 18, 1991
agenda.
RECOMMENDED ACTION:
(NONE - Action requested at the June 18, 1991
Regular City Council Meeting.)
COUNCIL ACTION:
Giiy of (Rosemount
PHONE (612) 423-4411
2875 - 145th Street West, Rosemount, Minnesota
MAYOR
FAX (612) 423-5203
Mailing Address:
Vernon Napper
P. O. Box 510, Rosemount, Minnesota 55068-0510
COUNCILMEMBERS
Sheila Klassen
John Oxborough
Harry Willcox
TO:
Planning Commission
Dennis Wippermann
ADMINISTRATOR
FROM:
Dean Johnson, Resource Strategies Corp.
Stephan Jilk
DATE:
April 5, 1991
SUBJ:
April 9, 1991 Regular Planning Commission Meeting Reviews
4c. Country Hills 4th Addition Final Plat/PUD Amendment
The Commission previously received a set of plans, illustrating the total Country Hills PUD, 4th Addition
plat, 4th Addition grading plan and 4th Addition utility plan. The original Country Hills PUD consisted of
567 single family lots, to be developed in six phases. Three additions have been approved, providing 379
improved lots. Approximately 75% of the lots are built and occupied. The current development plan
illustrates 545 lots, with four to six remaining phases.
The 4th Addition consists of 34 single family lots and two outlots. Outlot A is contiguous to Block 2 and is
proposed to be retained by a homeowner's association as open space. Outlot B is a remnant of property
contiguous to the 3rd Addition, which is proposed to be replatted into single family lots in a future addition.
The 4th Addition lot characteristics are consistent with the PUD Agreement, approved in 1986. All lots meet
the required 10,000 square feet area. All lots meet the 75 feet minimum lot width at the setback line.
Average lot area in the 4th Addition is 14,000 square feet. Average lot width is 78 feet.
Due to actions of the City, it is appropriate to initiate an amendment to the PUD development plan and
PUD agreement. During platting of the 3rd Addition, the City and developer agreed to changes in the
alignment of Shannon Parkway and the proposed park land dedication in the 6th Addition. These changes
were prompted by the joint ISD 196/City development of Shannon Park Elementary School/community park.
The revisions included an easterly shift in the alignment of Shannon Parkway, the reduction of park land
dedication by U.S. Home Corporation and the installation of streets and utilities in unplatted areas. These
revisions have caused a minor reconfiguration of the lotting plan for the balance of Country Hills and a
change in phasing, due to the existence of utility improvements.
It is also necessary to address the modification of the park land dedication. The original PUD identified
approximately 6.6 acres of future community park land in the 6th Addition. Approximately two acres of land
was dedicated due to the alignment change in Shannon Parkway. An additional 30 acres was jointly
"acquired" by the City and school district on the adjacent Kelley Trust property.
U.S. Home Corporation "owes" the City 4.6 acres of land due to the revisions noted. Technically, because
the overall development illustrates 545 lots, 22 less than the original 567 lots, the effective remaining land
dedication is 3.7 acres. U.S. Home Corporation is proposing to dedicate the 11 -acre "Birger Pond" area to
satisfy the requirement. Portions of this property are permanently under water, portions seasonally flooded
and portions above the flood elevation. This dedication is expected to be accepted by the Parks and
Recreation Committee at their April 15, 1991 Regular Meeting.
I have put this item on the Planning Commission's April 9, 1991 Regular Meeting Agenda, due to the risk of
having to cancel the April 26, 1991 Regular Meeting. Commissioners Busho and Edwards will be at the
Blandin Foundation "retreat" and we're still not aware of Commissioner Gundacker's return date. I would
prefer not withholding a recommendation on the plat/PUD until the May 14, 1991 Regular Meeting.
6verylkings Coming (Up gosemounlll
Regular Planning Commission Meeting Reviews
April 9, 1991
Page Two
The unresolved issues at this point are not unusual in the normal approval process. The developer has
petitioned the City to design and install the 4th Addition streets and utilities. All plat approvals are subject
to final design. The site is currently zoned R-1 Single Family Residential.
In consideration of the information presented and the discussions above, I would offer the following
recommendations:
A MOTION to approve Country Hills 4th Addition Final Plat, subject to the following:
1. Recommendation of the Parks and Recreation Committee;
2. Approval of the final grading and utility plans;
3. Approval of the revised Planned Unit Development;
4. An amendment to the Country Hills PUD Agreement;
5. A subdivision development contract.
A MOTION to approve the revised Country Hills Planned Unit Development, subject to the
following:
Recommendation of the Parks and Recreation Committee;
2. An amendment to the PUD Agreement.
Country Hills 4th Addition
Tentative Development/Approval Schedule
JUNE 4, 1991
- Accept Feasibility Study - Set Public Improvement
Hearing Date
- Review 4th Addition Final Plat/PUD Amendment
JUNE 18, 1991
- Hold Public Improvement Hearing
- Approve 4th Addition Plans & Specifications
- Authorize Advertisement for Bids
- Approve 4th Addition Final Plat/PUD Amendment
JUNE 20-21,
- Bid Notice Publications
1991
JULY 11, 1991
- Open Bids
JULY 16, 1991
- Award Bid
JULY 25-31,
- Sign Contract/Notice to proceed
1991
- Pre -construction Meeting
(JULY - Site grading by Developer)
(AUGUST - OCTOBER - Public Improvements by City)
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CO.UNTRY HILLS DEVELOPMENT i=�I
- - , CoUA)T -RY RILL -5
ROSEMOUNT, MINNESOTA 5
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BY
THOMPSON LAND DEVELOPMENT DIVISION
U.S. HOME CORP.
PRELIMINARY PIAT
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SCHOOL/PARK PROPERTY
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James R. Hill, inc— THOYPSON LAND DEVEIOPYENT COUNTRY HILLS
�M=_ �DIVISION Of U.S. MOPE CORPORATION
—' —"- PLANNERS /ENGINEERS /SURVEYORS aeo ■. Nlollx�r iso •arr �n ROSEMOUNT, UN.
us•Mome�
Thompson Land Development Division
300 South County Road 18 Suite 870 St. Louis Park, Minnesota 55426 (612) 544.7333
March 11, 1991
Honorable Mayor Vernon Napper
Members of Rosemount City Council
Member of Rosemount Planning Commission
2875 - 145th St. W.
Rosemount, MN 55068
Attn: Mr. Dean Johnson
Ladies and Gentlemen,
The Country Hills Development is now almost five years old and is
the premier benchmark for new housing in the area. The neighborbood layouts,
quality home construction and the Connemara Trail landscape/fence system
make a strong, positive statement that Rosemount is a quality place to live.
We have constructed almost 300 homes that should approach a total valuation
of $30,000,000. We expect to continue to add to that value at the rate of
$3-$6,000,000 per year.
We are now asking final plat approval for the next phase of 34 lots
just across Shannon Parkway from the elementary school. No variances from
our PUD agreement are required. In addition, it is also an appropriate time
to update the maps to reflect the changes brought about by the construction
of the school/park, the relocation of Shannon Parkway, the installation of
the sanitary sewer service to the school and to show our current best esti-
mate of the phasing to complete the project and to complete the park dedica-
tion. There are 81 acres of land yet to be developed. The attached lot
layout shows 166 lots could be developed on the remaining land. We have
platted 380 to date so therefore the total Country Hills development could
reach 546 lots. This is a decrease of 32 lots from the 578 lots approved
in our PUD agreement. I anticipate the final total may be even lower since,
depending on market demand, some of the remaining lots may be platted into
slightly larger lots.
We are approximately one year ahead of the final platting phase
requirements of the PUD agreement. I expect no problems in meeting the
January 1, 1995 deadline for the final plat of the last phase.
The completion of the park dedication involves the land on Birger
Pond. The total parcel contains 11.0 acres. There are 6.0 acres above the
ordinary water level, 4.6 acres above the ordinary high water level and 1.6
acres above the 100 year flood event. We propose to grade and rock (but not
pave) an 8' wide pathway around the southeast edge of Birger Pond. The
pathway will be above the 904 elevation on the east edge and between 894
and 904 on the south edge.
Honorable Mayor Vernon Napper
City of Rosemount
Page 2
Country Hills is a source of pride to its residents, U.S. Home/Orrin
Thompson and the City of Rosemount. Its future success will result from the
continuance of the mutually beneficial cooperation and performance exhibited
in the past. We urge your prompt and favorable action on our plat request.
Respectfully submitted,
Lee W. Jo�oson
Sr. Vice President/Project Manager
THOMPSON LAND DEVELOPMENT
A Division of U.S. Home Corporation
LWJ / j c
'�US+IOM2�
Thompson Land Development Division
300 South County Road 18 0 Suite 870 St. Louis Park, Minnesota 55426 (612) 544-7333
March 27, 1991
Mr. Dean Johnson
City of Rosemount
2875 -145th St W.
Rosemount, MN 55068
Dear Dean,
The extent and location of the path to be graded around the east and
southeast edge of Birger Pond is not clear in my March 11 letter and the
grading plan. It is our intent to grade the pathway on the east edge of
Birger Pond and also on the south edge up to the peninsula. The grading
plan did not show the pathway location along the east edge. The attached
sketch shows the intended location in red.
Very t ly yours,
Lee W. nson
Sr. Vice President/Project Manager
THOMPSON LAND DEVELOPMENT
A Division of U.S. Home Corporation
LWJ/jc
Enclosure
WEED AND VEGETATION CONTROL
5-2-1 DEFINITIONS
A. Noxious Weeds. Noxious weeds shall be those plants which
are determined, from time to time, to be noxious weeds
pursuant to Minn. Stat. 18.171, Subd. 5.
B. City. City shall mean the City of Rosemount.
C. Landscape Plan. The Landscape Plan shall be an accurately
dimension drawing of a property showing the location of
existing and proposed structures, pavement, trees, shrubs,
grasses, flowers, areas of nonliving ground cover, site
furniture and furnishings. The Plan shall label symbols
shown; provide construction notes, details and sections as
are necessary for a complete installation; and provide
calculations for any required buffering, screening, open
space or impervious surface requirements or limitations.
Commercial, industrial, office and multi -family project
plans, where the structure is over 5,000 gross square feet,
shall be prepared under the supervision of a landscape
architect or designer.
D. Landscape Management Plan. A Landscape Management Plan
shall be a written description of how the property owner or
manager will prepare the property prior to the new or
refurbished landscape construction; how noxious weeds as
defined by the State of Minnesota will continue to be
controlled; what the establishment period will be; and what
maintenance efforts will occur during and after the
establishment period to create and perpetuate the proposed
landscape plan.
E. Natural Area. A Natural Area shall be those areas that
allow wildlife habitat and/or natural vistas and shall
include those areas which consist of slopes equal to or
greater than 3:1, those areas which are adjacent to public
open spaces, parks or drainage ways which are retained in a
natural condition with natural vegetation, or open spaces
one acre or larger, woods and wetlands. Areas around
principal structures and driveways do not qualify as Natural
Areas.
F. Principal Structures. Principal structures include, but are
not limited to houses, garages, and buildings used for
businesses.
G. Maintenance Strip. A Maintenance Strip is an area of an
exempt property that abuts a non -exempted property that must
be maintained where feasible as in 5-2-2-B so as not to
interfere with the maintenance of the non -exempted property.
5-2-2 NUISANCE
A. Noxious Weeds. Notwithstanding any provision of this
Ordinance to the contrary, noxious weeds growing upon any
lot or parcel of property, regardless of height, zoning
classification or area on the parcel upon which they are
growing, are hereby declared to be a nuisance and dangerous
to the health and safety of the City.
B. All Zonina Districts except FW, AG AGP, and Unplatted
Properties. All weeds (other than noxious weeds) or growing
grasses upon any lot or parcel of land in the City that
measure, from ground to tip, in excess of eight inches, or
which have gone or about to go to seed, are hereby declared
to be a nuisance, unsightly and dangerous to the health and
safety of the City.
C. Parks. Parks shall be maintained in accordance with the
type and use of that park.
5-2-3 EXEMPTIONS
A. Zoning Districts Not Included in 5-2-2. Land lying within
any zoning districts not included in Section 5-2-2 are
exempt from this Ordinance except as set forth in Section 5-
2-3-D below.
B. Landscape Plan and Land Management Plan. Property owners or
their assigned managers who file with the City, both the
landscape plan and landscape management plan which has been
approved by the City to create and maintain ornamental
grasses, wetland, wooded land, upland, prairie or wild
flowers shall be exempted from this Ordinance. Exemptions
shall be granted administratively. Failure to maintain the
parcel in accordance with the Landscape Management Plan upon
proper notice shall void the ordinance exemption. A
Maintenance Strip shall be maintained where feasible.
C. Natural Areas. Natural areas shall be exempt from this
Ordinance. A Maintenance Strip shall be maintained where
feasible.
D. Noxious Weeds. Noxious weeds, regardless of height, zoning
classification of lot or parcel on which they are found,
shall not be exempt from this Ordinance.
5-2-4 ENFORCEMENT
A. Notice. Upon discovery of a nuisance as defined in this
Ordinance, the weed inspector, or his or her assistant or
designee, shall serve a notice upon the owner, occupant or
agent of the owner of the property ordering such person to
have such weeds or grass cut and removed or otherwise
eradicated and removed within ten days from the date of
service. The Notice shall also state that in the event of
noncompliance, cutting, removal or eradication will be done
by the City, with all costs to be paid by the owner,
together with an administrative fee of ten percent of the
costs, or $10.00 whichever is greater.
B. Assessment. A record showing the cost of work attributable
to each separate lot or parcel shall be delivered to the
City Clerk. If all costs and fees are not paid within 30
days of the date of completion of the work, the amount so
charged, including the administrative charge, together with
interest thereon, at the maximum lawful rate permitted,
against said lot or parcel of land, together with a
description of the premises and the name of the owner, if
known, shall be certified to the County Auditor and shall be
collected in the same manner as taxes and/or special
assessments against said premises. The charge shall be a
perpetual lien on the premises until paid.
5-2-5 HINDRANCE OF CITY EMPLOYEES
A. Any person who shall hinder a city employee in carrying out
the requirements of this Ordinance shall be guilty of a
misdemeanor.
5-2-6 REMEDIES CUMULATIVE
A. Nothing contained in this Ordinance shall be construed to
limit or supersede any other statute, regulation or
ordinance, and the remedies of the City set forth herein
shall be cumulative with the remedies of the City contained
in any other applicable statute, regulation or ordinance.
` - 3
P.O. BOX 510
6
?ity 2875 -145TH ST. W.
osernoun� ROSEMOUNT. MINNESOTA 55068
612-423-4411
TO: Weed Ordinance Committee
FROM: Sheila Klassen, Council Member
DATE: June 27, 1991
RE: Finalized Weed Ordinance
Enclosed you will find the finalized version of the Weed
Ordinance. As a legal requirement, the ordinance will be
published in the city's official paper, Rosemount Town Pages, on
June 27, 1991. If you have any questions feel free to call me at
423-4391. And, again, thank you for your help!
Enclosure
1
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. XIV.10
AN ORDINANCE AMENDING TITLE 5, CHAPTER 2
PERTAINING TO WEED AND VEGETATION CONTROL
City Council of the City of Rosemount, Minnesota, ordains as follows:
SECTION I: Title 5, Chapter 2, of the Rosemount City Code is hereby
amended in its entirety to read as follows:
CHAPTER 2
WEED AND VEGETATION CONTROL
t
SECTION:
5-2-1 Definitions
5-2-2 Nuisance
5-2-3 Exemptions
5-2-4 Enforcement
5-2-5 Hindrance of City Employee
5-2-6 Remedies Cumulative
5-2-1 DEFINITIONS
A. Noxious Weeds. Noxious weeds shall be those plants which are
determined, from time to time, to be noxious weeds pursuant to
Minnesota Stat. 18.171, Subd. 5.
B. City. City shall mean the City of Rosemount.
C. rLandscape Plan. The Landscape Plan shall be an accurately
°dimensioned drawing"o-f .a property showing the location of
existing and proposed structures, pavement, trees, shrubs,
grasses, flowers, areas of nonliving ground cover, site
furniture and furnishings. The Plan shall label symbols shown;
provide construction notes, details and sections as are
necessary for a complete installation; and provide calculations
for any required buffering, screening, open space or impervious
surface retirements or limitations. Commercial, industrial,
office and multi -family project plans, where the structure is
over 5,000 gross square feet, shall be prepared under the
supervision of a landscape architect or designer. The Landscape
Ordinance No. XIV.10
Chapter 2, Weeds & Vegetation Control
Page 2
Plan shall also include a written description of how the
property owner or manager will prepare the property prior to the
new or refurbished landscape construction; how noxious weeds as
defined by the State of Minnesota will continue to be
controlled; what the establishment period will be; and what
maintenance efforts will occur during and after the
establishment period to create and perpetuate the proposed
landscape plan. A Landscape Plan shall not be required for
properties maintained as required by Section 5-2-2-B.
D. Natural Area. Natural Areas shall be those areas that allow
wildlife habitat and/or natural vistas and shall include those
areas which consist of slopes equal to or greater than 3:1,
those areas which are adjacent to public open spaces, parks or
drainage ways which are retained in a natural condition with
natural vegetation, or open spaces one acre or larger, woods and
wetlands. Areas around principal structures and driveways do
not qualify as Natural Areas.
E. Principal Structures. Principal structures include, but are not
limited to houses, garages, and buildings used for businesses.
F. Maintenance Strip. A Maintenance Strip is a five foot (minimum)
area of an exempt property that abuts a non -exempted property
that must be maintained as required in 5-2-2-B where feasible so
as not to interfere with the maintenance of the non -exempted
property.
5-2-2 NUISANCE
A. Noxious Weeds. Notwithstanding any provision of this Ordinance
to the contrary,'noxious weeds growing upon any lot or parcel of
property, regardless of height, zoning classification or area on
the parcel upon which they are growing, are hereby declared to
be a nuisance and dangerous to the health and safety of the
City.
B. All Zoning Districts Except FW, AG, AGP; Unplatted Properties.
All weeds (other than noxious weeds) or growing grasses upon any
lot or parcel of land in the City but for those in Zoning
Districts FW, AG or AGP, or upon unplatted properties, that
measure, from ground to tip, in excess of eight inches, or which
have gone or about to go to seed, are hereby declared to be a
nuisance, unsightly and dangerous to the health and safety of
the City.
. . 4
Ordinance No. XIV.10
Chapter 2, Weeds & Vegetation Control
Page 3
5-2-3 EXEMPTIONS
A. Zoning Districts Not Included in 5-2-2. Land lying within any
zoning districts not included in Section 5-2-2-B are exempt from
this ordinance except as set forth in Section 5-2-3-E below.
B. Landscape Plan. Property owners or their assigned managers who
file with the City, the landscape plan which has been approved
by the City to create and maintain ornamental grasses, wetland,
wooded land, upland, prairie or wild flowers shall be exempted
from this Ordinance. Exemptions shall be granted or denied
administratively. Aggrieved property owners may appeal to the
Planning Commission within 10 days of the administrative denial,
and to the City Council within 10 days of a denial by the
Planning Commission. Failure to maintain the parcel in
accordance with the Landscape Plan upon proper notice shall void
the ordinance exemption. A Maintenance Strip shall be
maintained where feasible. A fee established by the city
council shall be charged when a Landscape Plan is submitted for
review.
C. Natural Areas. Natural areas shall be exempt from this
Ordinance. A maintenance Strip shall be maintained where
feasible.
D. Parks. Parks shall be exempt where topography or intended use
do not allow maintenance, provided, however, that Maintenance
Strips shall be required where feasible.
E. Noxious Weeds. Noxious weeds, regardless of height, zoning
classification of lot or parcel on which they are found, shall
not be exempt from this Ordinance.
5-2-4 ENFORCEMENT
A. Notice. Upon discovery of a nuisance as defined in this
Ordinance, the weed inspector, or his or her assistant or
designee, shall serve a notice upon the owner, occupant or agent
of the owner of the property ordering such person to have such
weeds or grass cut and removed or otherwise eradicated and
removed within ten days from the date of mailing. The Notice
shall also state that in the event of noncompliance, cutting,
removal or eradication will be done by the City, with all costs
to be paid by the owner, together with an administrative fee of
ten percent of the costs, or $10.00 whichever is greater.
B. Assessment. A record showing the cost of work attributable to
each separate lot or parcel shall be delivered to the City
Clerk. If all costs and fees are not paid within 30 days of the
date of completion of the work, the amount so charged, including
Ordinance No. XIV.10
Chapter 2, Weeds & Vegetation Control
Page 4
the administrative charge, together with accrued interest
thereon at the maximum lawful rate permitted, against said lot
or parcel of land, together with a description of the premises
and the name of the owner, if known, shall be certified to the
County Auditor and shall be collected in the same manner as
taxes and/or special assessments against said premises. The
charge shall be a perpetual lien on the premises until paid. No
interest shall accrue after the amount due is certified to the
County Auditor.
5-2-5 HINDRANCE OF CITY EMPLOYEES
Any person who shall hinder a city employee or agent in carrying
out the requirements of this Ordinance shall be guilty of a
misdemeanor. t
5-2-6 REMEDIES CUMULATIVE
Nothing contained in this Ordinance shall be construed to limit
or supersede any other statute, regulation or ordinance, and the
remedies of the City set forth herein shall be cumulative with
the remedies of the City contained in any other applicable
statute, regulation or ordinance.
SECTION II: This Ordinance shall be effective immediately upon its
passage and publication.
Adopted this 4th day of June, 1991.
Vernon J. Napper, Mayor
ATTEST:
Susan M. Walsh, City Clerk
A . .