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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) ,bl► mm 8 ggI �N~ o 0 ).Rig ~p O CC N1. i' 1 Z O Z � N 8 ?-2Ri 22m S1 Z 416 T I m 8 5� n 100 maw mQ o^ r� ,' NO -13'30"W 40000 ci - 1 1 .. — NN.S. F. EASEMENT \OF MIlC. REC. 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IS ^� E P T 1 O N >DRg� v e P gNg N o ID to mZ��^� et C F �I L_ T— a: Z g Z Hip b m R Or Z_ Mcm -i F th m-� Oy� a�� £19L �4�0y- 522• 2 •� Mgrs E X C E P T 1 O N ',-WEST UK OF TK EAST 5000, 00 FEET OF THE Kw Of S[C. », T,.5, A. IS ^� E P T 1 O N >DRg� e gNg N o •f Z g Z -i= Mcm -i th m-� Oy� a�� ------------ CO.UNTRY HILLS DEVELOPMENT i=�I - - , CoUA)T -RY RILL -5 ROSEMOUNT, MINNESOTA 5 Z ,-DB LT1 DIU BY THOMPSON LAND DEVELOPMENT DIVISION U.S. HOME CORP. PRELIMINARY PIAT If _ / I � rt S_� e r o p �.I � • \ J � � ucr,,E p � � « � a _ GA o� i Oar, -��pn ��(( .-I- %� i. i -v �,,,�C•l s 1 ' 7LlMa'IDN' - ! f•{�- hv2 004 � ,d SE OU�� � ` `• i« IIz �� , • 1 � o t �, _a' � � - • ,f t II -1 5 - � , ., � Tfa�. •� � I load, • - > Cr i 43� ,;' •1 ',\" �`�L`° \• ; � it 1/ i , \•�- L \ ,gyp: ,' �5 a.� J •w'�,� r, e°:, \1 •\��i�� i p..D�'" \, . ,� • •, � p •� � -' . �?, X152 SCHOOL/PARK PROPERTY CPuM't'f,y !-FILLS E tJ I'56� PUD f 1 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 . .