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HomeMy WebLinkAbout4.a. Approval of the May 28, 2013, Regular Meeting MinutesqtA. PLANNING COMMISSION REGULAR MEETING MINUTES May 28, 2013 PAGE 1 Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, May 28, 2013. Chairperson Powell called the meeting to order at 6:30p.m. with Commissioners Husain, Kurle and Weber present. Commissioner Miller was absent. Also in attendance were Senior Planner Zweber, Planner Lindahl, City Engineer Brotzler, Community Development Director Lindquist, Park and Recreation Director Schultz and Recording Secretary Hanson. The Pledge of Allegiance was read. Additions to Agenda: None. Audience Input: None. Consent Agenda: a. Approval of the April 23, 2013, Regular Meeting Minutes MOTION by Weber to approve the Consent Agenda. Second by Husain. Ayes: 4. Nays: 0. Motion approved. Public Hearing: 5.a. City of Rosemount Site Plan Review and Conditional Use Permit to Allow Construction of the First Phase of the City's Outdoor Recreation Complex Containing Three Soccer Fields and 145 Stall Parking Lot (13- 18 -SP, 13 -19 -CUP). Planner Lindahl stated that the City of Rosemount Parks and Recreation Department requests site plan and conditional use permit approvals to allow construction of the City's Outdoor Recreation Complex. The 57 acre facility is located within the northeast quadrant of Bonaire Path and Akron Avenue. Mr. Lindahl stated that staff recommends approval of the requests subject to conditions that he further explained. Parks and Recreation Director Schultz was present to answer questions. Commissioner Husain asked why the facility will only be an outdoor facility and only soccer. Mr. Schultz stated that the donation agreement with Flint Hills requested a complex for outdoor activities and that DCTC and the YMCA are potentially developing an indoor facility. Mr. Schultz further stated that the fields can be used for soccer, lacrosse and even football. He stated the fields could be at capacity in 2 -3 years if the city continues to grow at the current pace. Commissioner Husain asked for an explanation of the number of parking stalls and what would be included in the concession building. Mr. Schultz replied that the standard for parking is 20 stalls per field to insure parking for before and after the games, and to allow for players and spectators. He stated that the concession building is in a future phase so not too much detail has been decided yet but it would include a kitchen area, indoor restrooms, a storage area and possibly a sunshade structure. Commissioner Husain then asked if there will be increased security in the area and whether or not the whole complex will be fenced in. Mr. Schultz stated that the Police Department is aware of the site and will conduct increased patrol of the area once the fields are in use, similar to other parks in Rosemount. Mr. Schultz stated that there is no plan on fencing the entire complex. PLANNING COMMISSION REGULAR MEETING MINUTES May 28, 2013 PAGE 2 Chairperson Powell asked for the timeline of making improvements to the unpaved roads around the development. City Engineer Brotzler stated that there are no plans for paving Bonaire Path at this time. Akron Avenue is a placeholder in the County CIP and will likely be paved within the next 4 -5 years. Chairperson Powell asked if the fields will be sodded or seeded and the timeline of when the work will begin. Mr. Schultz replied that the fields will be seeded. He further stated that Dakota Aggregates has donated the grading and construction materials for the site and grading is expected to begin in approximately 3 weeks. Mr. Schultz stated that the goal is to try to having the parking lot paved later this summer or early fall. The public hearing was opened at 7:07p.m. MOTION by Powell to close the public hearing. Second by Weber. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 7:08p.m. Chairperson Powell stated that since the applicant is the City and there is no engineer's memo attached, Condition #6 is irrelevant and should be deleted. MOTION by Kurle to approve the site plan for the City's Outdoor Recreation Complex, subject to the following: 1. Approval of a conditional use permit allowing the outdoor recreation complex use in the AG — Agricultural district (public park). 2. Future development of any structures will require separate site plan approval by the Planning Commission. 3. Construction of the 145 stall off - street parking lot and its connection to Bonaire Path prior to any formal use of the site. 4. Provision of satellites in conformance with Dakota County Health standards for portable sanitary facilities. 5. Future installation of any signs on the site shall require approval of an administrative sign permit. 6. Goiifertnanee with all the reqttirements of the City Engineet. Second by Husain. Ayes: 4. Nays: None. Motion approved. MOTION by Powell to recommend the City Council approve a conditional use permit allowing the outdoor recreation complex use in the AG — Agricultural district. 1. Site plan approval for an outdoor recreation complex and compliance with all conditions of approval. Second by Weber. Ayes: 4. Nays: None. Motion approved. PLANNING COMMISSION REGULAR MEETING MINUTES May 28, 2013 PAGE 3 5.b. Request by Lennar Corporation for the Approval of the Bella Vista Preliminary Plat and Planned Unit Development Master Development Plan with Rezoning (13- 21 -PP, 13- 22 -PUD). Senior Planner Zweber stated that Lennar Corporation has requested a preliminary plat, planned unit development (PUD) master development plan and rezoning to R -1 PUD: Low Density Residential Planned Development Plan to develop 158 single family homes on 142.6 acres. The submittal from Westwood Engineering had the name "Marshes" on the plan sheets. Lennar has since requested the name of the subdivision to be referred to as "Bella Vista ". Any document that is labeled Marshes is the Bella Vista application. Mr. Zweber gave the Commission a brief history of the property. Commissioner Husain asked how far the development is from the railroad tracks and if noise will be an issue. Mr. Zweber replied that the tracks are a little over a quarter mile from the development with the Meadows of Bloomfield development in between which will buffer the noise. He further stated the noise should be at a minimum due to the quiet zones. Commissioner Husain asked who would be responsibility for roads, sewage and electricity installments and whether or not there is a provision for continuous water quality analysis. Mr. Zweber stated that improvements will be paid by the developer. He stated the feasibility study will determine the developer's share of the collector roads and the cost of the lift station will be shared. The park dedication fees and sanitary sewer trunk fees are paid by the developer. With respect to the water quality analysis, Mr. Zweber stated that the developer's stormwater system plan meets the City's requirement for stormwater quality. Commissioner Husain asked what the environmental impact would be to the residents from the refinery. Mr. Zweber responded that Flint Hills Resources is monitored by other agencies who actively monitor environmental issues around the area including the MPCA who has issued an air emissions permit to Flint Hills and they are currently meeting those requirements. Commissioner Weber asked if the applicant had taken into account the high water table for the lots and roads considering the amount of water bodies and wetlands. Mr. Zweber responded that elevations are reviewed in the preliminary plat stage to insure they are three feet above any neighboring water body and emergency drainage fields for overflow are verified in the final plat stage. Mr. Zweber stated that staff is comfortable with the conditions in the recommendations that the applicant will be in compliance at the final plat stage. Chairperson Powell asked if there was potential for a public beach on Horseshoe Lake. Mr. Zweber showed the grading and the neighborhood park area on the map and stated that a public beach is probably not feasible in this development but that when the property to the northwest of the lake develops and the shore on the northwest corner of the lake becomes available, that area may be more appropriate for a beach area. Chairperson Powell asked the reason for the serpentine path of Autumn Path and the impact on property owners to the east. Mr. Zweber responded that Autumn Path needs to go around wetlands and a stormwater pond, plus a windrow of trees is along the property line. He further stated the property owners would have to share in the cost of the road. Chairperson Powell asked staff for a clarification of the purpose of a lift station. City Engineer Brotzler explained the needs for a lift station with respect to the stormwater runoff from Horseshoe Lake. PLANNING COMMISSION REGULAR MEETING MINUTES May 28, 2013 PAGE 4 Chairperson Powell asked for justification of the planned unit development and whether or not there was a traffic impact study completed. Mr. Zweber stated that the area in the southwest where the regional trail goes through will contain a larger park than what would normally be included and he further gave an explanation of easement conditions as result. Also, Mr. Zweber stated that this area was included in the traffic element of the comprehensive plan and staff determined that a separate study was not warranted. Mr. Brotzler added that this property was included in the AUAR as a precursor to the comprehensive plan and traffic in the area was part of that AUAR. Chairperson Powell asked what would happen if it was determined that the initial well site was not a good site. Mr. Zweber stated that one of the conditions required is for the developer to locate a second possible well site in the northwest area of the development. Chairperson Powell asked for a clarification of Phase 1 requirements with respect to the trunk sanitary sewer extension of Bacardi Avenue and the improvement of that roadway to the entrance. Mr. Brotzler responded that a feasibility study of Bacardi Avenue needs to be initiated and the developer will be depositing funds to pay for that study. A completion of that study will be a condition of Phase 1. Chairperson Powell asked about the possible cost assessments to neighboring property owners. Mr. Zweber stated that the proposal of the shared cost of improvements will be a part of that study. Chairperson Powell asked if the applicant has submitted a wetland replacement plan considering the number of wetlands on the property. Mr. Zweber stated that the wetland application was submitted and reviewed by staff and the proposal meets and exceeds the City's wetland conservation plan. The public hearing was opened at 8:14p.m. Arthur McMenomy, 1283 Bonaire Path, landowner alongside the proposed development stated that his family does not want the road (Autumn Path) built on their side of the land and then assessed for the costs. He feels the City is taking advantage of them and they will fight having to pay for another assessment. MOTION by Powell to close the public hearing. Second by Husain. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 8:16p.m. Chairperson Powell asked how much flexibility the developer and the City have with respect to Autumn Path. Mr. Zweber stated that Conditions 5, 6, and 7 stated that Phase 3 of the development cannot be constructed if the road cannot be constructed in that alignment. Commissioner Kurle asked for clarification of the process involved with constructing the road. Mr. Zweber responded that usually in the case of a new road like Autumn Path, it is the responsibility of the developer to gain possession of the right of ways from property owners needed to build the road. MOTION by Weber to recommend that the City Council Approve the Bella Vista Preliminary Plat and Planned Unit Development Master Development Plan and Rezoning to R -1 PUD: Low Density Residential Planned Unit Development, subject to the following conditions: 1. Deviations from the R -1 zoning district are granted to allow a 75 foot minimum lot width, 25 foot front yard setbacks for most lots, 20 foot front yard setbacks for lots PLANNING COMMISSION REGULAR MEETING MINUTES May 28, 2013 PAGE 5 with wetland buffers; 7.5 foot side yard setbacks, and 9,250 square foot minimum lot size. 2. The home design front elevation shall include a minimum of three and a half (3.5) feet of brick or stone wainscoting, excluding doors, windows or the wall behind the front porch; a front porch with railing that extends at least 30% of the width of the front elevation, including the garage; a side entry garage; or no more than 70% lap siding, excluding doors and windows. 3. Lennar will provide the northwest corners of Lots 23 and 24, Block 10 as an Oudot for a well site within the Preliminary Plat. The well site will need to be a minimum of 0.25 acres with a minimum dimension of 105 feet by 105 feet and have permanent access onto a local public street. 4. Phase 1 and 2 can be developed with access from Street H and Bacardi Avenue. 5. Phase 3 cannot be developed until either Autumn Path is constructed to the intersection of Street E or Street B is connected to Bonaire Path through the exception parcel(s). 6. Phase 4S cannot be developed until the roadway connection for Phase 3 is constructed and the temporary sanitary sewer lift station should be installed concurrently. 7. Phase 4N cannot be developed until the entirety of Autumn Path is constructed and the temporary sanitary sewer lift station is installed. 8. Street S road and sidewalk design shall be revised to include the Street "S" Cul -de -sac & Sidewalk Grading Revisions exhibit dated May 22, 2013. 9. Lots 1 and 2, Block 2 are unbuildable until Street G is constructed to the west and the temporary cul -de -sac is removed. 10. Lot 10, Block 5 is unbuildable until Autumn Path to the east is constructed. 11. Lots 14 and 15, Block 6 are unbuildable until Street B is constructed to the west and the temporary cul -de -sac is removed. 12. Lot 1, Block 3 and Lot 1, Block 10 are unbuildable until Street E is constructed to the north and the sanitary sewer is provided from the north. 13. PUD deviation for Street EE for a cul -de -sac length up to 1,050 feet and direct access of up to 20 single family lots. 14. No trees shall be installed in the street right -of -way. All trees installed on private lots shall be installed between the house and the street right -of -way. 15. Trees installed on individual lots shall be planted in a location that does not interfere with curb stops or individual sewer or water connections. 16. 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. 17. Relocate any landscaping within the 25 foot sight triangles at intersections at Street E and Autumn Path; Street G and .Autumn Path; and Street H and Bacardi Avenue. 18. Re -grade the southeast corner of Pond 8 to save the 33 inch bur oak ( #10783) heritage tree behind Lot 12, Block 2; save the 28 inch white oak ( #12316) heritage tree on the property line of Lots 25 and 26, Block 10 by installing a retaining wall; and save the 32 inch bur oak ( #5053) heritage tree in the rear yard of Lot 28, Block 10 by installing a retaining wall. 19. Wetland buffer averaging is allowed for the roadway and lot buffer averaging analysis. All areas within the wetland buffers that do not have natural vegetation shall be seeded and established with a wetland buffer seed mix. 20. Conservation easements shall be recorded over all wooded areas, wetlands, wetland buffers, stormwater ponds, and stormwater buffer strips. Fences are not allowed in conservation easements. 21. Structural setbacks for lots with wetland buffers located on them are reduced to twenty PLANNING COMMISSION REGULAR MEETING MINUTES May 28, 2013 PAGE 6 (20) feet from the wetland buffer. 22. Minimum building setbacks from the OHWL mark of Horseshoe Lake and Mare Pond shall be 75 feet. 23. An eight (8) inch sanitary sewer stub shall be extended from the manhole over the existing manhole in Bacardi Avenue into the oudot in a location south of the future City well. 24. Create and record a restrictive covenant on the retaining wall located on private property that ensures that it is the homeowners cost and responsibility to maintain the retaining walls. 25. The retaining wall southwest of Lot 1, Block 8 shall be relocated onto Lot 1, Block 8. 26. A trail shall be installed by the developer on the north side of Bonaire Path between the eastern exception property and Autumn Path. 27. A trail shall be constructed from the regional trail to the north shore of Mare Pond at the property line with the western exception property. 28. The regional trail shall be extended to the west to the intersection of Bacardi Avenue and Bonaire Path. 29. Payment of $8,715 for the prorated portion of the 42 -52 AUAR costs. 30. It is understood that this preliminary plat includes multiple phases that may occur over a number of years. Upon recording of one final plat within the first year of preliminary plat approval the preliminary plat will be valid for all subsequent plat phases; so long as each subsequent final plat phase must be consistent with this preliminary plat. 31. Approval of the Shoreland Ordinance Planned Unit Development by the Minnesota Department of Natural Resources. 32. Compliance with the conditions and standards within the City Engineer's Memorandum dated May 22, 2013. 33. Compliance with the conditions and standards within the Park and Recreation Director's Memorandum dated May 22, 2013. 34. Compliance with the conditions and standards within the Fire Marshall's Memorandum dated May 20, 2013. Chairperson Powell stated he wanted to explore in the future the possibility of a public beach for this development and the possibility of revising the stormwater and valve system of the infiltration system to ensure a more sustainable approach to stormwater in the area. Second by Kurle. Ayes: 4. Nays: None. Motion approved. Old Business: None. New Business: 7.a. Election of Chairperson and Vice- Chairperson. Senior Planner Zweber stated each year, the Planning Commission is to elect a new Chairperson and Vice - Chairperson. Chairperson Powell asked the Commission for nominations for position of Chair. Commissioner Husain nominated Commissioner Powell for the position of Chair. There were no other nominations. MOTION by Powell to close the nominations. Second by Weber. Ayes: 4. Nays: None. Motion carries. Nominations for Chair are closed. PLANNING COMMISSION REGULAR MEETING MINUTES May 28, 2013 PAGE 7 MOTION by Powell to elect Commissioner Powell by unanimous consent to the position of Chairperson. Second by Weber. Ayes: 4. Nays: None. Motion carries. Commissioner Powell is the Chair. Chairperson Powell stated that Commissioner Miller had previously informed him that he would be willing to serve as Vice -Chair again even though he would be absent during the election. Therefore; Chairperson Powell nominated Commissioner Miller for the position of Vice - Chair. There were no other nominations. MOTION by Powell to close the nominations. Second by Weber. Ayes: 4. Nays: None. Motion carries. Nominations for Vice -Chair are closed. MOTION by Powell to nominate Commissioner Miller by unanimous consent to the position of Vice - Chair. Second by Weber. Ayes: 4. Nays: None. Motion carries. Commissioner Miller is Vice - Chair. Reports: None. Adjournment: There being no further business to come before this Commission, Chairperson Powell adjourned the meeting at 8:27p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary