HomeMy WebLinkAbout7.a. Emerald Isle 2nd Addition
EXECUTIVE SUMMARY
Planning Commission Regular Meeting: December 14, 2020
Tentative City Council Meeting: January 19, 2021
AGENDA ITEM: 20-59-FP Request by CNC Development
IV, LLC for Final Plat Approval of
Emerald Isle 2nd Addition
AGENDA SECTION:
New Business
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 7.a.
ATTACHMENTS: Location Map; Final Plat; Preliminary Plat
Area; Landscape Plan; Ponding
Easement Exhibit; Parks and Recreation
Memo dated February 18, 2020;
Engineer Review Memo dated December
7, 2020, Letter from Applicant’s Attorney;
Excerpts from the February 26 and
August 25, 2020, Planning Commission
Meeting Minutes
APPROVED BY: KL
RECOMMENDED ACTION: Motion to recommend that the City Council approve the Final
Plat for Emerald Isle subject to the following conditions:
1. Execution of a Subdivision Agreement
2. Drainage and utility easements with storm sewer infrastructure may contain fences
but shall be required to include gates to provide truck access; shall prohibit sheds or
other accessory structures; and shall prohibit landscaping that would impede
drainage
3. The final plat shall include all easements as requested by City.
4. Provision of $39,270 for landscaping surety
5. Payment of $193,800 for Fee-In-Lieu of Park Dedication.
6. Compliance with the conditions and standards within the City Engineer’s
Memorandum dated December 7, 2020
7. A drainage and utility easement shall be dedicated over all required regional and site
ponding areas, including the southern area of Outlot B and the pond south of
Connemara Trail.
8. Final approval of the Comprehensive Plan Amendment by the Metropolitan Council.
SUMMARY
The Planning Commission is being asked to consider a request from CNC Development IV, LLC, for
approval of a Final Plat for Emerald Isle 2nd Addition to allow development of 57 single family lots. This
plat represents the second project phase of a multi-phase preliminary plat approved by the City in May,
2020. The final plat for the first phase of development was approved by the City Council at its meeting on
September 15 of this year. The final plat is necessary to facilitate subdivision of the subject property into
individual residential lots, outlots, and public streets. Staff finds the application consistent with the
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Emerald Isle Preliminary Plat and recommends approval of this application subject to the conditions
detailed in the attachments and the motion above.
Applicant: CNC Development IV, LLC.
Plat Acres: 48.68
Met Council Net Acres: 48.68
Residential Lots Created: 151 preliminary lots, 57 final platted lots
Gross Density: 2.16 Units/Acre (single family 151/70.07 acres)
Net Density: 2.16 Units/Acre
Comprehensive Plan Guiding: LDR-Low Density Residential,
Current Zoning: R1 PUD-Low Density Residential Planned Unit Development
Surrounding Land Uses
North: Low Density Residential
East: Agriculture
South: Public/Institutional
West: Medium Density Residential
BACKGROUND
In May 2020, the City Council approved a preliminary plat, Planned Unit Development (PUD) master
development plan with rezoning, and reguiding of a portion of the site to permit construction of 151
single family lots with a multi-family project to be approved in the future along the southern border. The
current final plat is the second final plat of the project. This plat will create a connection with the
extension of Connemara Trail in the southwest corner of the site.
An amendment to the City’s comprehensive plan was approved by Council concurrently with the Planned
Unit Development Master Development Plan for Emerald Isle in May. The comprehensive plan
amendment approval process through the Metropolitan Council is underway and anticipated to be
completed by January 13, 2021. The Amendment is related to the southern portion of the 2nd Addition and
the land slated for a future apartment building. A drainage and utility easement has been dedicated over
the entire Emerald Isle 2nd Addition plat area with the recording of Emerald Isle 1st Addition. Council will
be taking action to vacate that easement in January. A condition of approval is the dedication of all
required easements for Emerald Isle 2nd Addition including an easement over land to be used for site’s
internal stormwater management as well as ponding in conjunction with a project to improve the
intersection of Akron Avenue and County Road 42. This area is located along County Road 42 where the
concept plan for the apartment building showed ponding south of the pipeline easement that bisects the
site. A sketch of the regional ponding easement is included with the attachments as well as an overall site
plan that includes the concept for the apartment building in Outlot B.
ISSUE ANALYSIS
Legal Authority . This application is a Quasi-Judicial action. The final plat application is Quasi-Judicial
because the City has a set of standards and requirements for reviewing this type of application that is
described in detail below. Generally, if the final plat meets the ordinance requirements and is consistent
with the preliminary plat, it must be approved.
Land Use and Zoning . The proposed 57-lot single family final plat is consistent with the current land
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use and zoning classifications. The subject property is guided LDR – Low Density Residential and zoned
R-1PUD, Low Density Residential Planned Unit Development. As a result, the property is subject to all
the standards of the R-1, Low Density Residential zoning districts as well as the standards for detached
single family units contained in the approved PUD. While this development is subject to all of the
conditions and development standards contained in the PUD, the most notable deviations from the
requirements of the Low Density Residential zoning districts are provided below. All these items were
anticipated in the preliminary plat approval and were part of the initial PUD approval.
1. Section 11-4-5 F. 1. R-1 Minimum Lot Area: The minimum lot area shall be 8,125 square feet
for interior lots and corner lot minimum of 10,625 square feet.
2. Section 11-4-5 F. 2. R-1 Minimum Lot Width: The minimum lot width shall be 65 feet for
interior lots and 85 for corner lots.
3. Section 11-4-5 F. 5. R-1 Minimum Side Yard Setback: The minimum side yard setback shall be
7.5 feet.
4. Section 11-4-5 F. 6. R-1 Minimum Rear Yard Setback: The minimum rear yard setback shall be
25 feet.
5. Section 11-4-5 F. 9. R-1 Maximum Lot Coverage: The maximum lot coverage shall be 30% for
lots over 10,000 sf and 40% for lots under 10,000.
Final Plat. Standards for reviewing subdivision requests are detailed in Title 12 of the Rosemount City
Code. This section of the Code outlines the two-step Preliminary and Final Plat process for land
subdivision. In this case, the preliminary plat was approved in May 2020 consisting of 151 single family
lots and various outlots. Staff finds that the final plat is consistent with the preliminary plat and meets the
requirements of the zoning ordinance.
Streets & Access. The sole access to the first phase of development came from Addison Avenue in the
northwest corner of the development area. Lots within the 2nd Addition will be accessed by an eastern
extension of 142nd St E that ends in a cul-de-sac. On the western side of the plat area, Aspen Avenue will
be extended south where it will meet a short extension of Connemara Trail that will provide an additional
access point into this phase of development. As development continues within Emerald Isle, Connemara
will be extended to the eastern development boundary to provide additional access into the development
and also to the future apartment building site.
Water and Sanitary Sewer. Sanitary sewer is available to the site via the existing Metropolitan Council
interceptor which currently traverses the site. The developer received a permit from the Metropolitan
Council to connect the sanitary sewer directly into the line. The elevation of the sewer must be deep
enough to also serve the property to the east, should it develop in the future. Water service will be
extended from the adjoining developed property. Development fees as detailed in the Engineer’s Memo
dated December 7, 2020, are due with the final plat and subdivision agreement.
Landscaping The landscaping plan provided shows one tree on the front yard of each interior lot and
two trees on each corner lot as required by the City Code. Additional landscaping is shown in the area
near the stormwater pond in the northern portion of the plat area as well as along the short extension of
Connemara Trail. The landscaping plan for this phase of development is consistent with the overall
landscape plan approved with the Planned Unit Development Agreement. The applicant is required to
submit a letter of credit of $39,270 to ensure individual lot landscaping as well as the landscaping located
in the common areas.
Storm Water Management. The developer will be managing the stormwater on site with the use of
retention and infiltration basins. Since approval of the preliminary plat, the City and Dakota County have
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been talking to the applicant about expansion of the southern pond in Outlot B to permit regional
ponding associated with the Akron Avenue signalization improvement project. A drainage and utility
easement over the entirety of Outlot B was dedicated with Emerald Isle 1st Addition. The applicant would
like to vacate that blanket drainage and utility easement, which staff is supportive of so long as a drainage
and utility easements are dedicated over all areas to be used for the regional and on-site ponding. The two
ponding areas are south of Connemara Trail and south of the pipeline easement. A recommended
condition of approval is dedication of both drainage and utility easements. The applicant’s attorney has
sent a letter requesting the City not require dedication of a blanket easement over outlot B. He has asked
that the letter be included in the packet. As mentioned above, the conditions of approval require specific
easement dedication, within the purview of the City. Staff is moving the final plat forward so the
Commission can make a formal recommendation to the City Council. The City Attorney and staff are
working to arrive at final resolution about the applicant’s concerns prior to the Council taking final action.
Parks and Open Space. The Rosemount Parks and Recreation Department reviewed the plans for
Emerald Isle and is recommending cash in-lieu of land to meet the park dedication requirement for the
proposed development. The requirement for 57 single family units is $193,800 (57 x $3,400). The Parks
and Recreation department is also recommended a trail along County Road 42 with the trail access
provided with development of the southern apartments. Coordination should occur with connections to
the Vermillion Highlands Greenway as well as the trail crossing just west of the development area within
the old City Hall site.
Sidewalks
Sidewalks are provided throughout the development on at least one side of all streets, which is consistent
with City policy. A sidewalk is shown on the north side of Connemara Trail and a bituminous trail will be
constructed along the south side. This is consistent with the pedestrian facilities elsewhere along
Connemara in this vicinity. Sidewalk connections are provided to the adjacent neighborhoods.
CONCLUSION & RECOMMENDATION
Staff recommends approval of the Final Plat for Emerald Isle creating 57 single family lots, subject to
conditions. This recommendation is based on the information submitted by the applicant, findings made
in this report, and the conditions detailed in the attached memorandums.
BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT B, EMERALD ISLE WHICH IS ASSUMEDTO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DENOTES FOUND 1/2 INCH IRON MONUMENT MARKEDBY R.L.S. NO. 47481 UNLESS OTHERWISE NOTEDDENOTES DAKOTA COUNTY CAST IRON MONUMENTKNOW ALL PERSONS BY THESE PRESENTS: That CNC DEVELOPMENT IV, LLC, a Minnesota limitedliability company, owner of the following described property:Outlot B, EMERALD ISLE, according to the recorded plat thereof, Dakota County, Minnesota.Has caused the same to be surveyed and platted as EMERALD ISLE 2ND ADDITION and does herebydedicate to the public for public use the public ways and the drainage and utility easements ascreated on this plat.In witness whereof said CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, hascaused these presents to be signed by its proper officer this day of , 20 .CNC DEVELOPMENT IV, LLCBy: its STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20,by the of CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, on behalf of the company. County, Printed NameMy commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my directsupervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is acorrect representation of the boundary survey; that all mathematical data and labels are correctlydesignated on this plat; that all monuments depicted on this plat have been, or will be correctly setwithin one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all publicways are shown and labeled on this plat.Dated this day of , 20______________________________________________________________Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of ,20 , by Marcus F. Hampton. County, Printed NameMy commission expires January 31, 20CITY PLANNING COMMISSION, CITY OF ROSEMOUNT, MINNESOTAApproved by Planning Commission of the City of Rosemount, Minnesota this day of, 20By: ChairCITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTAThis plat of EMERALD ISLE 2ND ADDITION was approved and accepted by the City Council of the Cityof Rosemount, Minnesota at a regular meeting thereof held this day of ,20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03,Subd. 2.By: Mayor ClerkDAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat hasbeen reviewed and approved this day of , 20 .By: Todd B. Tollefson, Dakota County SurveyorCOUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTAWe do hereby certify that on the _____ day of __________, 20___, the Board of Commissioners ofDakota County, Minnesota, approved this plat of EMERALD ISLE 2ND ADDITION and said plat is incompliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to theDakota County Contiguous Plat Ordinance.By: ___________________________________ Attest: ___________________________________Chair, Dakota County Board Dakota County Treasurer - AuditorDAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS,COUNTY OF DAKOTA, STATE OF MINNESOTAPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on theland hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12,there are no delinquent taxes and transfer entered this day of , 20 .By: Amy A. Koethe, Director, Department Of Property Taxation and RecordsCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of EMERALD ISLE 2ND ADDITION was filed in the office of the CountyRecorder for public record on this day of , 20 ,at o'clock . M. and was duly filed in Book of Plats,Page , as Document Number .By: Amy A. Koethe, County RecorderDENOTES RESTRICTED ACCESS TO DAKOTACOUNTY PER THE DAKOTA COUNTYCONTIGUOUS PLAT ORDINANCEVICINITY MAP
BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT B, EMERALD ISLE WHICH IS ASSUMEDTO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRONMONUMENT MARKED BY R.L.S. NO. 47481
BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT B, EMERALD ISLE WHICH IS ASSUMEDTO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRONMONUMENT MARKED BY R.L.S. NO. 47481
Prepared by Dakota County Survey Department. 06-15-2020LEGEND
DENOTES PARCEL LINE
DENOTES EXISTING R/W LINE
DENOTES PROPOSED R/W LINE
DENOTES TEMPORARY EASEMENT LINE
DIMENSIONS OF EASEMENT AREAS ARE ROUNDED TO THE NEAREST
FOOT SO MAY NOT MATCH SQUARE FOOTAGE LISTED BELOW*
PROJECT 42-156; ROSEMOUNT, MN
C.S.A.H. NO 42 (145TH ST.) & AKRON AVE
DENOTES DRAINAGE AND UTILITY EASEMENT
MEMORANDU M
To: Kim Lindquist, Community Development Director
Kyle Klatt, Senior Planner
Anthony Nemcek, Planner
From: Dan Schultz, Parks and Recreation Director
Date: February 18, 2020
Subject: Emerald Isle - CNC Development Master PUD and Preliminary Plat
The Parks and Recreation Department recently reviewed the plans for the Emerald Isle
development. After reviewing the plans, the Parks and Recreation Department staff has the
following comments:
Local Trails and Sidewalks
The trail and sidewalk amenities appear to be designed in a manner that works toward the City’s goal
of having a well-connected community. The proposed trail and sidewalk system is designed to match
up to the existing/proposed system. Staff does recommend that accommodations are made for a
trail to be added along County Road 42 in the future.
Parks Dedication
The parks dedication requirement for 151 single family units is either 6.04 acres of land, cash in-lieu
of land or a combination of the two. Staff is recommending that the City collect cash in-lieu of land
for the single-family development that is currently being processed. The cash dedication for 151
units would be $513,400 (151 x $3,400 per unit).
Please let me know if you have any questions about this memo.
MEMORANDUM
To: Anthony Nemcek, Planner
CC: Kim Lindquist, Community Development Director
Stacy Bodsberg, Planning & Personnel Secretary
From: Brian Erickson, Director of Public Works/City Engineer
Date: December 7, 2020
Subject: Emerald Isle 2nd Addition - Engineering Review
SUBMITTAL:
The plans for Emerald Isle 2nd have been prepared by James R. Hill, Inc. Engineering review
comments were generated from the following preliminary documents included in the submittal:
▫ Final Plat (undated)
▫ Existing Conditions Survey (dated
1/13/2020)
▫ Erosion and Sediment Control Plan
(dated 11/20/2020)
▫ Grading Plan (dated 11/20/2020)
▫ Street and Utility Plan (dated
11/20/2020)
▫ Preliminary Landscape Plan
(undated)
GENERAL COMMENTS:
1. The development fees below are estimated based on the current Schedule of Rates and
Fees. These fees are due with the final plat and subdivision agreement.
Sanitary Sewer Trunk Charge: $1075/acre
Watermain Trunk Charge: $6500/acre
Storm Sewer Trunk Charge: $6865/acre
2. Plans shall be signed by an engineer licensed in the state of Minnesota.
3. Easements shall be dedicated over the site and regional ponding area in the southern
portion of Outlot B.
4. See attached WSB memo from Tim Hanson dated December 2, 2020 for engineering
plan comments.
5. See attached WSB memo from Bill Alms/Laura Cummings dated December 3, 2020 for
stormwater comments.
Should you have any questions or comments regarding the items listed above, please contact me
at 651-322-2015.
Attached: WSB Memorandum RE: Emerald Isle – Courteau Property Plan Review dated
February 18, 2020
December 11, 2020
Kim Lindquist
Community Development Director
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Mary D. Tietjen, Esq.
Kennedy & Graven, Chartered
Fifth Street Tower
150 South Fifth Street, Ste. 799
Minneapolis, MN 55402
BY EMAIL
Re: Emerald Isle 2nd Addition
Dear Ms. Lindquist and Ms. Tietjen:
We represent CNC Development IV, LLC with respect to its Emerald Isle development in the
City of Rosemount (the “City”). Previously, we wrote to the City and Dakota County with
regard to the City’s unlawful imposition of a blanket easement condition on the plat of Emerald
Isle 1st Addition, Outlot B. At the time, CNC Development objected to the City’s demand for
the easement, which has the effect of clouding title to any future sale or use of the property
without affirmative City action to remove the easement. As a consequence of the City demand,
Dakota County withdrew a then-pending offer to purchase land within the area encompassed by
Outlot B for use as a future stormwater pond, stating that the City’s imposition of an easement
over the outlot negated the need to purchase it from CNC. The action of the City, in tandem with
Dakota County, effects a taking without payment of just compensation to CNC Development.
CNC Development has now submitted its application for Emerald Isle 2nd Addition, which
proposes to remove the unlawful easement over a reconfigured Outlot B. At the City’s request,
Outlot B was sized to allow a multi-family project to be pursued at some future point in time.
We understand the City is again insisting that Outlot B be encumbered with a new blanket
easement notwithstanding no use of Outlot B is currently planned for it. We restate our
objection to this proposed condition of platting.
Minnesota law provides specific authority for the City to review and approve proposed plats to
address specific uses and requirements associated with active development. Minnesota law does
not allow the City to unilaterally impose easement conditions on property that is not being
reviewed for an active use. We understand City staff has confirmed it has no requirement in its
Kim Lindquist
Mary D. Tietjen, Esq.
December 11, 2020
Page 2
subdivision ordinance to support its easement condition, even if state law were to allow it.
Rather staff asserts it is City policy to make this demand over property which the County has
conveniently identified for use as a pond. The City’s and County’s coordinated effort to take
valuable property without payment of just compensation is improper and should be rejected
when the plat application for Emerald Isle 2nd Addition advances through the City approval
process.
Please include this letter in the record of proceedings relating to Emerald Isle. If you have
questions, please feel free to call me directly.
Sincerely,
Peter J. Coyle, for
Larkin Hoffman
Direct Dial: (952) 896-3214
Direct Fax: (952) 841-1704
Email: pcoyle@larkinhoffman.com
cc: CNC Development IV, LLC
Rosemount Mayor and City Council
4836-6369-2500, v. 1
EXCERPT FROM FEBRUARY 26, 2020 PLANNING COMMISSION MEETING MINUTES
5.b. Request by CNC Development IV, LLC., for Planned Unit Development Master Development Plan with
Rezoning, Preliminary Plat, and Comprehensive Guide Plan Amendment Approval to develop 151 single-family lots.
(20-09-PUD, 20-10-PP, 20-11-RZ, 20-12-CP))
Planner Nemcek gave a brief summary of the staff report for the Planning Commission.
Kenninger inquired about the proposed land use change map and if Flint Hills has first right of refusal adjacent to the
subject property. Nemcek stated that is correct. Kenninger stated that the left over commercial, east of the site, would be
effectively abandoned.
Schmisek stated that he has a concern about losing any commercial property but thought that little piece would be cut
off. Another concern is that of the additional traffic on Connemara Trail. Schmisek inquired if there are any talks about
changing the intersection at Connemara and Akron, such as a round-about or a signal light. Lindquist stated signal lights
will be installed at Akron and County Road 42 but none are proposed at Connemara.
Reed inquired about the flow of the sidewalks on Connemara Trail. Engineer Smith stated that the trail and sidewalk
along Connemara Trail will be extended into this subdivision and that Dakota County will be installing an underpass
under County Highway 42 so that pedestrians will have a safer place to cross the highway in this area.
The public hearing opened at 6:58 pm.
Public Comments:
Kenninger inquired how the new single-family home owners will be notified that an apartment building is also planned
to be built near their new homes.
Rick Osberg, Engineer, James R. Hill, Inc., stated that they have been working with staff to get to today’s plan. The
property owners do not have an interested party to build the apartment currently. Besides the fact that the property is
guided for high density there isn’t much information to give to a potential buyer.
Rivera questioned if the stub road would be a future through road. Nemcek stated that is correct.
MOTION by Rivera to close the public hearing.
Second by Schmisek.
Ayes: 5. Nays: 0. Motion Passes.
The public hearing was closed at 7:03 pm.
Additional Comments:
Kenninger stated that her biggest concern was with changing the zoning of this area. But also agrees that this is a great
use of the land. She would like to ensure that the 151 new homeowners are aware that there will be a future apartment
building on the property next to this site. She requested that be added as a condition of approval.
Reed stated that since having the trail system continue through Connemara Trail he is in favor.
Schmisek inquired if there will be access from the development to Connemara Trail. Nemcek stated that from the
commercial there will be one access point onto Connemara Trail.
MOTION by Freeman to recommend that the City Council approve a Comprehensive Guide Plan
amendment to reguide 20 acres of the development site from MDR-Medium Density Residential to LDR-Low
Density Residential and the southeast 10 acres of the site from CC-Community Commercial to HDR-High
Density Residential.
Second by Reed.
Ayes: 5. Nays: 0. Motion Passes.
MOTION by Schmisek to recommend the City Council approve the Preliminary Plat for Emerald Isle, subject
to the following conditions:
a. Approval of a Planned Unit Development Master Development Plan with Rezoning.
b. Approval of a Comprehensive Plan Amendment reguiding the site to LDR and HDR.
c. Conformance with all the requirements of the City Engineer as detailed in the attached memorandum
dated February 26, 2020.
d. Payment of $513,400 as cash-in-lieu of park dedication.
Second by Freeman.
Ayes: 5. Nays: 0. Motion Passes.
MOTION by Rivera to recommend approval of the Planned Unit Development Master Development Plan
with rezoning of the property for AG-Agriculture to R1 PUD-Low Density Residential Planned Unit
Development and R4 PUD-High Density Residential Planned Unit Development, subject to the following
conditions:
a. Execution of a PUD Agreement.
b. Approval of a Comprehensive Plan Amendment reguiding the site to LDR and HDR.
c. The front building elevation design shall include one of the following elements:
i. Three and a half (3.5) feet of brick or stone wainscoting, excluding doors, windows or the
wall behind the front porch;
ii. A front porch with railing that extends at least 30% of the width of the front elevation,
including the garage;
iii. A side entry garage;
iv. Or, no more than 70% lap siding, excluding doors and windows.
d. A deviation from City Code Section 11-4-5 F.1. to reduce the interior lot minimum area of 10,000 to
8,125 square feet and corner lot minimum area from 12,000 to 10,625 square feet.
e. A deviation from City Code Section 11-4-5 F.2. to reduce the minimum lot width from eighty (80)
feet to sixty-five (65) feet for interior lots and from ninety (90) feet to eighty-five (85) feet for corner
lots.
f. A deviation from City Code Section 11-4-5 F.5. to reduce the side yard setback from ten (10) feet to
seven and one half (7.5) feet except in areas where existence of larger drainage and utility easements
require additional setbacks.
g. A deviation from City Code Section 11-4-5 F.6. to reduce the rear yard setback thirty (30) feet to
twenty-five (25) feet.
h. A deviation from City Code Section 11-4-5 F.9. to increase the maximum lot coverage from thirty
percent (30%) to thirty-five percent (35%) lots more than 9,750 square feet in area.
i. Incorporation of the recommendations from the City Engineer in a review memorandum dated
February 26, 2020, relative to drainage, grading, street design, easements, utilities, and the adjacent
sidewalks.
j. A temporary cul-de-sac shall be constructed at the stub of Street D.
k. Subdivision monuments shall be subject to sign permits and normal zoning standards.
l. The applicant shall receive approval from the Metropolitan Council for any connection to the Met
Council sanitary interceptor line.
m. Payment of a landscape surety in the amount of $97,020.
n. The applicant must receive final site and building plan approval for the R-4 High Density residential
portion of the project.
o. The developer post a sign on the multi-family site indicating that the property is a future apartment
building site.
Second by Schmisek.
Ayes: 5. Nays: 0. Motion Passes.
EXCERPT FROM THE AUGUST 25, 2020, PLANNING COMMISSION MEETING MINUTES
Consent Agenda:
a. Approval of the July 28, 2020, Regular Meeting Minutes.
b. Continuance of the Request by KJ Walk, Inc. for Comprehensive Plan Amendment, Rezoning, Planned Unit
Development and Final Site and Building Plan, and Preliminary and Final Plat Approval (Simple Plat)
associated with the Rosewood Commons hotel and senior living mixed use. (20-30-PUD, 20-35-SP, 20-36-RZ,
20-37-CP)
c. Request by CNC Development IV, LLC for Final Plat Approval of Emerald Isle 1st Addition. (20-40-FP)
No items were pulled for discussion. Chair Kenninger confirmed that any public comment received on the KJ
Walk project at the prior meeting would be included in the packet for the subsequent meeting.
MOTION by VanderWiel
Second by Schmisek
Ayes: 7. Nays: 0.