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HomeMy WebLinkAbout1988 g? ch eh i of 1367 -145TH ST E P O BOX 455 OSen�OUn� PLANNING COMMISSION ROSEMOUNT. MINNESOTA 55068 612-423-4411 REGULAR MEETING MINUTES JANUARY 5, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on January 5, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington and Meyer present. Also present was Michael Wozniak, Assistant Planner, and Dean Johnson, Community Development Director. MOTION by Huntington to approve the December 15, 1987 Regular Meeting Minutes as printed. Second by Meyer. Ayes 4, Nays 0. The Annual Planning Institute is being held on Friday, February 19, 1988 from 8:30 a.m. to 4:30 p.m. at the Earle Brown Center in St. Paul. Commission members were encouraged to attend, if schedules permit. Johnson noted that this session is a great opportunity to learn planning language and the fundamentals of development issues and procedures. Johnson will request authorization from Council for registration fees for all who attend. Assistant Planner Wozniak led a brief review of Carrollton 2nd Addition PUD, rezoning and final plat (Phase I). The 126 single family lots will be developed in three phases with Phase I encompassing 47 of the total lots; Phase II 40 lots and Phase III 39 lots. The majority of the lots exceed 75 feet of frontage with an average lot area of 10,000 square feet. Adequate screening has been provided along Shannon Parkway, CR 42 and Dodd Boulevard. All subdivision ordinance requirements have been met. MOTION by Huntington to approve the Carrollton 2nd Addition PUD Final Development Plan. Second by Meyer. Ayes 4, Nays 0. MOTION by Toombs recommending to Council approval of the rezoning of Carrollton 2nd Addition from AG Agriculture to R -1 Single Family Residential. Second by Meyer. Ayes 4, Nays 0. MOTION by Huntington to approve Carrollton 2nd Addition Final Plat (Phase I). Second by Toombs. Ayes 4, Nays 0. Planning Assistant Wozniak informed the Commission that the 42 acres encompassed by Carrollton 2nd Addition has already been approved by Metropolitan Council to be added to the MUSA. MOTION by Toombs recommending to Council approval of Comprehensive Guide Plan No. 10 which causes the addition of 42 acres, known as Carrollton 2nd Addition, to the Metropolitan Service Area. Second by Hathaway. Ayes 4, Nays 0. John Kratz, Wind's Crossing Company, is requesting a feasibility study for the construction of public utilities for Phase II (an additional 27 single family lots) of Valley Oak Addition Replat. The development of these lots will allow access to Shannon Parkway. Regular Meeting Minutes January 5, 1988 Page Two ID MOTION by Huntington recommending to Council approval for preparation of a feasibility study as request by John Kratz for public improvements for Phase III of Valley Oak Addition Replat. Second by Toombs. Ayes 4, Nays 0. MOTION by Huntington to adjourn. Second by Toombs. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 5:55 p.m. Res' -ctfully subs- ted, /id 4 onna Quintus Recording Secretary See Planner's File 1988 -1 III III @it, i 1367 145TH ST. E P. 0 BOX 455 oseYYloun PLANNING COMMISSION ROSEMOUNT MINNESOTA 55068 612-423-4411 REGULAR MEETING MINUTES JANUARY 19, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on January 19, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington and Meyer present. Also present was Michael Wozniak, Assistant Planner, and Dean Johnson, Community Development Director. Item added to the agenda: 3(c) Announcement of Annual Meeting to be held on February 2, 1988 /Nomination of Officers. MOTION by Huntington to approve the January 5, 1988 Regular Meeting Minutes as printed. Second by Toombs. Ayes 4, Nays 0. Assistant Planner Wozniak discussed the need to appoint an Interim Planning Commission Secretary to perform the duties required by that officer prior to election of officers for 1988 at the Annual Meeting to be held February 2nd. The position of Planning Commission Secretary had been left vacant upon the election of Planning Commissioner Wippermann to City Council. MOTION by Toombs to elect Commissioner Huntington for the position of Interim Planning Commission Secretary. Second by Meyer. Ayes 4, Nays 0. Assistant Planner Wozniak reviewed changes to Sections 1 -6 of the proposed zoning ordinance and asked if there were any additional concerns Commission members would like to voice. Commissioner Huntington requested explanation of provisions of Section 4.10 Ar (Docent programs for keeping animals) and Section 4.14 (Temporary Dwellings). After general discussion of 4.10 A4, the Commission was in agreement that this provision should be retained as written. Upon discussion of the basis for Section 4.14 and the manner in which that section would be enforced the Commission also agreed that it should remain as written. Assistant Planner Wozniak recommended that the Commission take no action on Sections 1 -6 until the remainder of the ordinance has been presented. MOTION by Meyer to nominate Steve Toombs as Chairman of the Planning Commission and to nominate Dan Huntington as Secretary of the Planning Commission. Second by Hathaway. Ayes 4, Nays 0. MOTION by Huntington to adjourn. Second by Toombs. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 5:30 p.m. Respectfully submitted, Michael Wozniak Assistant Planner See Planner' File 1988 4rn (iIt of 1 367 -145TH ST E P. O BOX 455 0 111 1 1111 ose ouni P LANNING COMMISSION ROSEMOUNT. MINNESOTA 5 441 1 612-423 -441 1 REGULAR MEETING MINUTES FEBRUARY 2, 1988 Pursuant to due call and notice thereof the Annual Meeting of the Planning Commission was duly held on February 2, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Huntington and Meyer present. Also present was Michael Wozniak, Assistant Planner, and Dean Johnson, Community Development Director. MOTION by Huntington to approve the January 19, 1988 Regular Meeting Minutes as printed. Second by Toombs. Ayes 3, Nays 0. Commissioner Hathaway took her chair at 5:03 p.m. Assistant Planner Wozniak introduced Ronald Jacobson, newly appointed Commissioner, and administered the Oath of Office. Mr. Jacobson replaces Dennis Wippermann whose vacancy was caused by his election to City Council. Nominations for Planning Commission Chairman and Secretary had been made at the previous meeting. MOTION by Meyer to close the nominations. Second by Hathaway. Ayes 5, Nays 0. MOTION by Huntington to elect Steve Toombs as Planning Commission Chairman and Dan Huntington as Planning Commission Secretary by unanimous ballot. Second by Jacobson. Ayes 5, Nays 0. The regular agenda order was suspended to consider New Business first. Bill Jacobson, developer was present to submit a concept plan for 68 units of rental housing proposed to be located on a 5 -acre site bordered by Shannon Parkway to the west and Dodd Boulevard to the south. The plan calls for 48 units (eight 6- unit buildings) of garden style apartments modest in size and layout with the market primarily aimed at the Vo -Tech students, although not restricted exclusively to this market. Mr. Jacobson stated he has worked closely with staff at the Dakota County Vocational and Technical Institute and a real need for this type of housing in Rosemount has been identified. Five four- plexes are also proposed to be constructed to complete the project. Mr. Jacobson suggested his desire to construct additional multi family housing on remaining property directly to the east of this site sometime in the future. Wozniak stated that upon review of the proposed development Community Development staff has concluded that the proposed use of this site is compatible with surrounding property uses with Shannon Parkway as a delineation line between land use to the west. Although parking configuration and setbacks as shown on the concept plan must be revised to meet minimum ordinance requirements for RM Multiple Residential there is adequate property to achieve this. Planning Commission discussion included access to neighborhood parks, trail system, review of general building design and phasing of the project. Commissioner Jacobson expressed concern ae- to- w- kether- -th�s-- type- of-- horrstag- i� rea-l-1 -aeeded-in Rose�rreira stati�rg--- he- €elt -Io- -;e cores ho-as relatioasliip• -to-ex tang- mode rat e itnd- hi- g- h- ine ho-asieg. (AMEMDED) Regular Meeting Minutes February 2, 1988 Page Two 410 MOTION by Toombs to accept the concept plan for a multiple housing development as submitted by Bill Jacobson for review. Second by Huntington. Ayes: Hathaway, Huntington, Toombs, Meyer. Nays: 0. Abstain: Jacobson. Assistant Planner Wozniak reviewed changes of Sections 7 -10 of the proposed zoning ordinance based on previous discussions by the Planning Commission and further staff review. Changes in Section 7 include the adding of the RE Executive Residential District; a revised size limitation from 100 square feet to 120 square feet for accessory structures as defined by the Uniform Building Code; and a 30' setback requirement for accessory structures over 120 square feet. Section 8 reflects deletion of a provision for off street loading requirements. Section 9 Special Overlay Regulations remains unchanged as these requirements are primarily dictated by the Department of Natural Resources (DNR) and staff is working with this agency and compatibility with their restrictions. Section 10 exhibits the addition of definitions of off- and on- premise signs adding the language to allow non- commercial speech on these signs as suggested by the city attorney; a definition and restrictions for "temporary" signs; and provision for minimum requirements for exterior and interior reader boards. Section 10 also shifts enforcement of stricter requirements for appeals from the Planning Commission to City Council. There was general agreement of the Planning Commission that these revisions remain as submitted. MOTION by Huntington to adjourn. Second by Toombs. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:50 p.m. Res ectfully sub ted, 41 AO Donna Quint Recording Secretary See Planners File 1988 -3 (pit of 1367-145TH ST. 5- P 0 BOX 455 o sernouni PLANNING COMMISSION ROSEMOUNT MINNESOTA 55068 612-423-4411 REGULAR MEETING MINUTES FEBRUARY 2, 1988 Pursuant to due call and notice thereof the Annual Meeting of the Planning Commission was duly held on February 2, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Huntington and Meyer present. Also present was Michael Wozniak, Assistant Planner, and Dean Johnson, Community Development Director. MOTION by Huntington to approve the January 19, 1988 Regular Meeting Minutes as printed. Second by Toombs. Ayes 3, Nays 0. Commissioner Hathaway took her chair at 5:03 p.m. Assistant Planner Wozniak introduced Ronald Jacobson, newly appointed Commissioner, and administered the Oath of Office. Mr. Jacobson replaces Dennis Wippermann whose vacancy was caused by his election to City Council. Nominations for Planning Commission Chairman and Secretary had been made at the previous meeting. MOTION by Meyer to close the nominations. Second by Hathaway. Ayes 5, Nays 0. MOTION by Huntington to elect Steve Toombs as Planning Commission Chairman and Dan Huntington as Planning Commission Secretary by unanimous ballot. Second by Jacobson. Ayes 5, Nays 0. The regular agenda order was suspended to consider New Business first. Bill Jacobson, developer was present to submit a concept plan for 68 units of rental housing proposed to be located on a 5 -acre site bordered by Shannon Parkway to the west and Dodd Boulevard to the south. The plan calls for 48 units (eight 6- unit buildings) of garden style apartments modest in size and layout with the market primarily aimed at the Vo -Tech students, although not restricted exclusively to this market. Mr. Jacobson stated he has worked closely with staff at the Dakota County Vocational and Technical Institute and a real need for this type of housing in Rosemount has been identified. Five four- plexes are also proposed to be constructed to complete the project. Mr. Jacobson suggested his desire to construct additional multi- family housing on remaining property directly to the east of this site sometime in the future. Wozniak stated that upon review of the proposed development Community Development staff has concluded that the proposed use of this site is compatible with surrounding property uses with Shannon Parkway as a delineation line between land use to the west. Although parking configuration and setbacks as shown on the concept plan must be revised to meet minimum ordinance requirements for RM Multiple Residential there is adequate property to achieve this. Planning Commission discussion included access to neighborhood parks, trail system, review of general building design and phasing of the project. Commissioner Jacobson expressed concern about the adequacy of the proposed family housing and the outdoor family living environment. Regular Meeting Minutes February 2, 1988 Page Two MOTION by Toombs to accept the concept plan for a multiple housing development as submitted by Bill Jacobson for review. Second by Huntington. Ayes: Hathaway, Huntington, Toombs, Meyer. Nays: 0. Abstain: Jacobson. Assistant Planner Wozniak reviewed changes of Sections 7 -10 of the proposed zoning ordinance based on previous discussions by the Planning Commission and further staff review. Changes in Section 7 include the adding of the RE Executive Residential District; a revised size limitation from 100 square feet to 120 square feet for accessory structures as defined by the Uniform Building Code; and a 30' setback requirement for accessory structures over 120 square feet. Section 8 reflects deletion of a provision for of f- street loading requirements. Section 9 Special Overlay Regulations remains unchanged as these requirements are primarily dictated by the Department of Natural Resources (DNR) and staff is working with this agency and compatibility with their restrictions. Section 10 exhibits the addition of definitions of off- and on- premise signs adding the language to allow non commercial speech on these signs as suggested by the city attorney, a definition and restrictions for "temporary" signs; and provision for minimum requirements for exterior and interior reader ``boards. Section 10 also shifts enforcement of stricter requirements for appeals from the Planning Commission to City Council. There was general agreement of the Planning Commission that these revisions remain as submitted. MOTION by Huntington to adjourn. Second by Toombs. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:50 p.m. Res ctfully sub 'i. ed, /4 AI" Donna Quintus Recording Secretary See Planners File 1988 -3 L/ of 1367-146TH ST. E P. O BOX 455 osemouni PLANNING COMMISSION ROSEMOUNT MINNESOTA 55068 612-423-4411 REGULAR MEETING MINUTES FEBRUARY 16, 1988 Pursuant to due can and notice thereof the Regular Meeting of the Planning Commission was duly held on February 16, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington, Meyer and Jacobson present. Also present was Michael Wozniak, Assistant Planner, Dean Johnson, Director of Community Development, and Rollan Hoke, Mayor. Item added to the agenda: 5(a) Armory Update. Due to the late arrival of Planning Commission packets Commissioner Jacobson requested that approval of the February 2, 1988 Regular Meeting Minutes be tabled until he had a chance to review them. Assistant Planner Wozniak reviewed changes in Sections 13 through 19 of the proposed zoning ordinance based on previous Planning Commission discussion. This included the deletion of the proposed section providing for Conditional Use Permits (CUP). Wozniak explained that requirements for special uses in various zoning districts have been incorporated into other sections which allows for detailed requirements and review by staff and governing bodies. Other major changes include the identification and provision for detailed requirements for special uses such as mineral extraction and salvage yards (Sections 14.8 and 14.9). Wozniak stated that the proposed zoning ordinance has essentially incorporated all changes as suggested by staff and Planning Commission, however, further discussion and final review by Planning Commission as well as review by the city attorney for legal ramifications will be allowed before formal recommendation is made to City Council. Commissioner Jacobson suggested that a Citizen Advisory Board be formed for input into major city projects which affect the general public such as the updating of the Comprehensive Guide Plan, subdivision review and ordinance revisions and amendments. Jacobson recommended that staff research whether advisory committees have been set up in other communities and, if so, what methods and procedures have been used to establish such committees. Discussion was held on responsibilities and membership of an advisory committee with general agreement that this committee would be strictly advisory in nature and with the suggestion that a committee be formed with a representative from each commission /committee and council and then add additional city residents. Staff was also directed to research the approach of other cities for communication to the general public of city affairs. MOTION by Jacobson requesting Council consideration for the establishment of a Citizen's Advisory Committee for the purpose of reviewing and recommending policies for the improvement of communications and advertisement to the public for the objective of improving citizen participation in city affairs. Second by Huntington. Ayes 5, Nays 0. Commissioner Jacobson requested an update on the status of the Rosemount Comprehensive Guide Plan as to the timing for revisions and updating. Community Development Director Johnson acknowledged that revisions to the comp plan are scheduled, however, due to limited staff and time the zoning ordinance revisions must remain the priority project. Once the zoning ordinance is adopted the next major project will be the updating of the comp plan. Johnson also noted that several amendments have been made and recorded which have kept the plan current. Regular Meeting Minutes February 16, 1988 Page Two IP Commissioner Jacobson inquired about the distribution of housing units in the city and what guidelines are followed. Community Development Director Johnson stated that, to date, the City of Rosemount has approximately 13% apartment units to total single family units. There is a requirement to meet goals for low and moderate housing as dictated by Metro Council. The City has met this goal which as allowed us to qualify for park development grants. In the review of subdivision proposals staff is very aware of surrounding property uses and requires special treatment such as berming and the use of natural dividers (major roads, wooded areas, etc.) for Sift an effective natural flow of contiguous property uses. Johnson discussed the City's latest involvement in the development of a multi- purpose recreational /community /armory facility. Johnson, Administrator Stephan Jilk, Mayor Hoke and Rosemount High School Principal Richard Dewey have met with the National Guard to establish and confirm the city's interest in the construction of an armory on a proposed site north of Schwarz Pond Park and west of Dodd Boulevard. The National Guard is presently considering other sites for the armory and more meetings are being scheduled in order that the city may present their arguments for the selection of the Rosemount site. MOTION by Toombs to adjourn. Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:55 p.m. Res ctfully su 'i •tted, III i onna u Recording Secretary See Planners File 1988 -4 c: of 1 45TH ST. E P. 0 BOX 455 [ernoun� ROSEMOUNT. MINNESOTA 55068 os 612 423 -4411 PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 1, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on March 1, 1988 at 5:00 'p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington, Meyer and Jacobson present. Also present was Michael Wozniak, Assistant Planner, Dean Johnson, Director of Community Development, and Dennis Wippermann, Councilmember. MOTION by Toombs to approve the February 2, 1988 Regular Meeting Minutes as PFin -fed. Second by Meyer. Ayes 5, Nays 0. MOTION by Huntington to approve the February 16, 1988 Regular Meeting Minutes as a-nrei4ed. Second by Jacobson. Ayes 5, Nays 0. The regular order of the agenda was suspended to accommodate those present in the audience to discuss New Business items. Ed McMenomy, Jr. presented and discussed a concept plan for Parkside Estates, a 17.4 -acre triangular parcel located southwest of the intersection of Bonaire Path (CR 38) and Biscayne Avenue. Mr. McMenomy has proposed a 6 -lot single family residential subdivision with lot sizes ranging from 2.5 to 2.9 acres. Assistant Planner Wozniak discussed with the Commission several issues that were identified by the Community Development Staff in their review of this proposal. The subject property, currently zoned AG Agriculture, is designated as agricultural in the city's comprehensive guide plan. To approve this subdivision as presented would necessitate the creation of a new land use designation in the comprehensive guide plan and the establishment of a new zoning district to allow residential development outside the sewered district on less than five (5) acres. Mr. McMenomy contended that the best use for this property is residential. He suggested a variance to minimum lot size should be considered because this property presents a hardship because: 1)it is a triangular shaped parcel which does not lend itself to smaller lot development; 2) there are no reasonable prospects for marketing the land without utilities for either commercial or industrial use; and 3) the soil is not suitable for agricultural purposes. Jeff Nivala, Basic Builders Inc., was present and voiced his support for approval of the proposed subdivision. Community Development Director Dean Johnson advised the Commission that approval of the 2 -1/2 acre subdivision in an unsewered district is a major departure from present standards and represents a significant precedent. Based on these reasons staff cannot recommend approval of this proposal. MOTION by Hathaway to deny approval of the concept plan for Parkside Estates on the basis that it does not meet the present density requirements of the Comprehensive Guide Plan and Zoning Ordinance; and, further, because the amendments which would be required to these documents would have the potential to cause significant negative impact to the City. Second by Meyer. Ayes 5, Nays 0. John Houston, Great Stock Corporation, was present to request approval for the revised preliminary plat of Shannon Oaks Addition located south of CR 38 bordered on the east by Rosemount Hills Second Addition and on the west by Mickelson's Second Addition. This preliminary plat consists of 16 lots averaging 3.8 acres and was originally approved in July, 1981 prior to adoption of the current Comprehensive Guide Plan in November, 1981 which restricted housing density in unsewered areas to one home per five acres. At the request of the City Mr. Houston revised this plat to accommodate a preferable alignment of Shannon Parkway which will ultimately bisect this development. Regular Meeting Minutes March 1, 1988 Page Two Community Development Director Johnson informed the Commission they are under no obligation to honor the original approval of this plat based on present ordinance requirements. However, approval of the revised preliminary plat would not require a comp plan amendment and could be easily defended based upon historical reference of the prior approval. After lengthy discussion Mr. Houston consented to revise the Shannon Oaks preliminary plat because of his desire that future property owners are allowed the option to keep horses and, therefore, comply with present ordinance standards of one per five acres. MOTION by Toombs to deny approval of the revised preliminary plat for Shannon Oaks because it consists of 16 lots with an average of 4 acres in size and advised that the developer resubmit his proposal to include 12 lots with an average of 5 acres each Second by Jacobson. After further discussion Chairman Toombs withdrew his original motion. MOTION by Toombs to reject the revised Shannon Oaks preliminary plat on the basis that it exceeds the density permitted in Rural Residential districts and requests the developer resubmit his plat within the limits of the City Zoning Ordinance and Comprehensive Guide Plan. Second by Huntington. Ayes 5, Nays 0. Assistant Planner Wozniak presented a proposal from the developer for the reconfiguration of Lots 1 -9, Block 4 of the first phase of Wensmann Additions. Basically, the developer wishes to enlarge these lots thereby reducing them to eight (8) lots to accommodate larger homes. After discussion with Staff it has been determined that the most effective way of modifying these lots is to replat them and include them as part of the second phase of Wensmann Additions which is planned to begin this spring. Because the developer wishes to construct homes immediately two steps are necessary before building permit issuance: 1) easements attached to the subject lots must be vacated and 2) an executed agreement between the developer and the City to allow building permit issuance prior to final plat approval of phase 2 MOTION by Toombs recommending City Council set a public hearing date and cause the vacation of easements on Lots 1 -9, Block 4, Wensmann Additions Phase 1 subject to proper replacement of other controls. Second by Jacobson. Ayes: Hathaway, Huntington, Toombs, Jacobson. Nays: Meyer. Motion carried. Commissioner Jacobson expressed his appreciation to the City for approving attendance at the Annual Planning Institute in February adding that he found it very informative and enlightening. Community Development Director Johnson apprised the Commission of a Special Council Meeting on Tuesday, March 8, 1988 at 6:30 p.m. when the Community Development Department is scheduled to make a presentation of departmental activities and invited the Commission to attend. Commissioner Jacobson encouraged staff to schedule a joint City Council and Planning Commission meeting to discuss development philosophies. MOTION by Huntington to adjourn. Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:45 p.m. Re. �,-ctfully su ted, II /Dr na fluintu Recording Secretary See Planners File 1988 -5 4.46 y of 1367-145TH SL E- P O- BOX 455 g?osernouni ROSEMOUNT, MINNESOTA 55068 612-423-4411 P LANNING COMMISSION REGULAR MEETING MINUTES MARCH 1, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on March 1, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington, Meyer and Jacobson present. Also present was Michael Wozniak, Assistant Planner, Dean Johnson, Director of Community Development, and Dennis Wippermann, Councilmember. MOTION by Toombs to approve the February 2, 1988 Regular Meeting Minutes as amended. Second by Meyer. Ayes 5, Nays 0. MOTION by Huntington to approve the February 16, 1988 Regular Meeting Minutes as printed. Second by Jacobson. Ayes 5, Nays 0. The regular order of the agenda was suspended to accommodate those present in the audience to discuss New Business items. Ed McMenomy, Jr. presented and discussed a concept plan for Parkside Estates, a 17.4 -acre triangular parcel located southwest of the intersection of Bonaire Path (CR 38) and Biscayne Avenue. Mr. McMenomy has proposed a 6 -lot single family residential subdivision with lot sizes ranging from 2.5 to 2.9 acres. Assistant Planner Wozniak discussed with the Commission several issues that were identified by the Community Development Staff in their review of this proposal. The subject property, 1110 currently zoned AG Agriculture, is designated as agricultural in the city's comprehensive guide plan. To approve this subdivision as presented would necessitate the creation of a new land use designation in the comprehensive guide plan and the establishment of a new zoning district to allow residential development outside the sewered district on less than five (5) acres. Mr. McMenomy contended that the best use for this property is residential. He suggested a variance to minimum lot size should be considered because this property presents a hardship because: 1)it is a triangular shaped parcel which does not lend itself to smaller lot development; 2) there are no reasonable prospects for marketing the land without utilities for either commercial or industrial use; and 3) the soil is not suitable for agricultural purposes. Jeff Nivala, Basic Builders Inc., was present and voiced his support for approval of the proposed subdivision. Community Development Director Dean Johnson advised the Commission that approval of the 2 -1/2 acre subdivision in an unsewered district is a major departure from present standards and represents a significant precedent. Based on these reasons staff cannot recommend approval of this proposal. MOTION by Hathaway to deny approval of the concept plan for Parkside Estates on the basis that it does not meet the present density requirements of the Comprehensive Guide Plan and Zoning Ordinance; and, further, because the amendments which would be required to these documents would have the potential to cause significant negative impact to the City. Second by Meyer. Ayes 5, Nays 0. John Houston, Great Stock Corporation, was present to request approval for the revised preliminary plat of Shannon Oaks Addition located south of CR 38 bordered on the east by Rosemount Hills Second Addition and on the west by Mickelson's Second Addition. This preliminary plat consists of 16 lots averaging 3.8 acres and was originally approved in July, 1981 prior to adoption of the current Comprehensive Guide Plan in November, 1981 which restricted housing density in unsewered areas to one home per five acres. At the request of the City Mr. Houston revised this plat to accommodate a preferable alignment of Shannon Parkway which will ultimately bisect this development. Regular Meeting Minutes March 1, 1988 Page Two Community Development Director Johnson informed the Commission they are under no obligation to honor the original approval of this plat based on present ordinance requirements. However, approval of the revised preliminary plat would not require a comp plan amendment and could be easily defended based upon historical reference of the prior approval. After lengthy discussion Mr. Houston consented to revise the Shannon Oaks preliminary plat because of his desire that future property owners are allowed the option to keep horses and, therefore, comply with present ordinance standards of one per five acres. MOTION by Toombs to deny approval of the revised preliminary plat for Shannon Oaks because it consists of 16 lots with an average of 4 acres in size and advised that the developer resubmit his proposal to include 12 lots with an average of 5 acres each Second by Jacobson. After further discussion Chairman Toombs withdrew his original motion. MOTION by Toombs to reject the revised Shannon Oaks preliminary plat on the basis that it exceeds the density permitted in Rural Residential districts and requests the developer resubmit his plat within the limits of the City Zoning Ordinance and Comprehensive Guide Plan. Second by Huntington. Ayes 5, Nays 0. Assistant Planner Wozniak presented a proposal from the developer for the reconfiguration of Lots 1 -9, Block 4 of the first phase of Wensmann Additions. Basically, the developer wishes to enlarge these lots thereby reducing them to eight (8) lots to accommodate larger homes. After discussion with Staff it has been determined that the most effective way of modifying these lots is to replat them and include them as part of the second phase of Wensmann Additions which is planned to begin this spring. Because the developer wishes to construct homes immediately two steps are necessary before building permit issuance: 1) easements attached to the subject lots must be vacated and 2) an executed agreement between the developer and the City to allow building permit issuance prior to final plat approval of phase 2 MOTION by Toombs recommending City Council set a public hearing date and cause the vacation of easements on Lots 1 -9, Block 4, Wensmann Additions Phase 1 subject to proper replacement of other controls. Second by Jacobson. Ayes: Hathaway, Huntington, Toombs, Jacobson. Nays: Meyer. Motion carried. Commissioner Jacobson expressed his appreciation to the City for approving attendance at the Annual Planning Institute in February adding that he found it very informative and enlightening. Community Development Director Johnson apprised the Commission of a Special Council Meeting on Tuesday, March 8, 1988 at 6:30 p.m. when the Community Development Department is scheduled to make a presentation of departmental activities and invited the Commission to attend. Commissioner Jacobson encouraged staff to schedule a joint City Council and Planning Commission meeting to discuss development philosophies. MOTION by Huntington to adjourn. Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:45 p.m. ectfully4 witted, All• /w onna um 1. Recording Secretary See Planners File 1988 -5 ty of 1367 -145TH ST. E.- P. 0 BOX 455 RO 7- 1 45T T. MINNESOTA 55068 612-423 441 1 osen4 oun� PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 15, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on March 15, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Huntington, Meyer and Jacobson present. Also present was Michael Wozniak, Assistant Planner, and Dean Johnson, Director of Community Development. MOTION by Jacobson to approve the March 1, 1988 Regular Meeting Minutes as amended. Second by Huntington. Ayes 4, Nays 0. The regular order of the agenda was suspended to discuss the revised preliminary plat for Shannon Oaks. John Houston, Great Stock Corporation, was present to request approval of a revised preliminary plat for Shannon Oaks. The original approved preliminary plat for the 62.4 -acre parcel located south of CR38 (125th Street) between Mickelson's Second Addition and Rosemount Hills Second Addition, included 16 lots with an average lot size of four acres each. Mr. Houston has resubmitted his preliminary plat which includes 11 lots with an average lot size of five acres. Wozniak stated the revised plat meets density requirements for RR Rural Residential which is consistent with the comprehensive guide plan, however, a rezoning from AG Agriculture to RR Rural Residential is necessary for final plat approval. 110 Further discussion of lot alignment and Shannon Parkway right -of -way dedication, required by the City, revealed the possibility of another lot being added to this subdivision without jeopardizing the density requirements for Rural Residential. Mr. Houston brought up a concern that all lots in Shannon Oaks be of ample size to allow the keeping of horses. In discussion it was determined that the most logical lot configuration would yield an average lot size of slightly more than four acres. The smallest lot would be slightly over four acres with the largest lot around seven acres in size. Johnson explained the possibility of allowing horses to be kept on all twelve by use of a variance to zoning ordinance requirements. The Planning Commission agreed in concept that it would be in keeping with the intent of the Zoning Ordinance to allow the keeping of horses on all lots provided the preliminary plat is revised as was discussed above. Mr. Houston was informed by Johnson that approval of a variance would require separate action by the Planning Commission acting as Zoning Board of Appeals and Adjustments. MOTION by Huntington recommending approval of Shannon Oaks preliminary plat to include 12 lots. Second by Toombs. After further discussion Huntington withdrew his original motion. MOTION by Huntington recommending approval of Shannon Oaks preliminary plat based on 12 lots with a minimum lot size of over four acres; and, further, request the developer resubmit the preliminary plat for Shannon Oaks with the new alignment of lots to include the twelve lots rather than eleven. Second by Toombs. Ayes 4, Nays 0. MOTION by Huntington recommending to Council a public hearing be set for the preliminary plat of Shannon Oaks. Second by Meyer. Ayes 4, Nays 0. Regular Meeting Minutes March 15, 1988 Page Two Assistant Planner Wozniak presented to the Commission a summary of a presentation given at a Special Council Meeting describing the current departmental structure of the Community Development Department and outlining the functions, roles and goals of the department. Wozniak discussed several special projects as well as ongoing projects in which the department is currently involved; departmental goals which guide recommendations to the Planning Commission; and anticipated future growth based on past and present subdivision and building trends. With the increased activity of this department Wozniak indicated there is a current study of departmental needs with an immediate priority of a backup secretarial position in the department. Commissioner Jacobson acknowledged departmental personnel for their expedience in providing data he had recently requested for specific information. He also expressed a desire to be informed of the procedures and format for architectural and aesthetic review of new commercial construction as it concerns the Planning Commission and conveyed his wishes to possibly set up a theme for the downtown area. MOTION by Toombs to adjourn. Second by Huntington. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:20 p.m. Resp ctfully sul fitted, Donna Quintus Recording Secretary See Planner's File 1988 -6 of 367 -145TH ST. E P. O. BOX 455 io+ O e v nou 1 ROSEMOUNT. MINNESOTA 55068 S 'Yl ,l` 612- 423 -4411 P LANNING COMMISSION REGULAR MEETING MINUTES APRIL 5, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on April 5, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Huntington, Meyer and Jacobson present. Also present was Michael Wozniak, Assistant Planner, Dean Johnson, Director of Community Development, and Dennis Wippermann, Councilmember. Item added to the agenda: 5(e). Shannon Hills Subdivision Sketch Plan Review. MOTION by Meyer to approve the March 15, 1988 Regular Meeting Minutes as printed. Second by Jacobson. Ayes 4, Nays 0. Assistant Planner Wozniak summarized for the Commission the history and recent discussions and recommendations by Staff and Commission regarding the Shannon Oaks proposed subdivision. Wozniak noted that the Shannon Oaks preliminary plat presented at this meeting, consisting of 12 lots, meets current minimum ordinance requirements for RR Rural Residential Districts with a density of one lot per five acres. There is adequate frontage for access on the proposed collector street, Shannon Parkway, which bisects this subdivision. John Houston, developer, was present to discuss details of the plat with the Commission. It was noted that the incentive to revise the original approved preliminary plat to meet current ordinance requirements was the desire of the developer to allow each potential landowner the liberty of keeping horses. Present ordinance requires a minimum of five acres in AG or RR Districts to allow horses. Although some of the individual lots do not meet the minimum five acres, the Commission was in agreement that a permanent variance for all lots in the Shannon Oaks subdivision would be appropriate given the fact that density requirements have been met and because extraordinary street easements, required by the City, resulted in reduced lot sizes. This would be accomplished by a separate variance hearing not related to plat approval. MOTION by Huntington recommending approval of Shannon Oaks preliminary plat subject to rezoning, park dedication and engineering recommendations. Second by Meyer. Ayes 4. Nays 0. Mr. Willie Severson has submitted applications for two building permits to construct one 14,400 square foot building and one 9,000 square foot building to be located on his property at 13650 Courthouse Boulevard for the purpose of housing livestock and agricultural related equipment. The property in question is approximately 53 acres and zoned Agriculture. Due to the excessive dimensions of the buildings in relationship to property size and past history of commercial activity on this property the Building Official has referred this matter to the Planning Commission to determine the ultimate use of these buildings. Discussion ensued wherein it was the general consensus of the Commission that these two structures are allowed in the Agriculture District for private agricultural purposes. However, it was also noted that should there be sufficient evidence in the future that the use became commercial in nature the City would be within its legal limits to enforce stricter building code requirements because of the commercial activity as well as the possibility for the necessity to rezone the property to support the commercial use. MOTION by Huntington to approve the building permits as requested by Mr. Willie Severson for the purpose of personal agricultural use. Second by Jacobson. Ayes 4, Nays 0. Regular Meeting Minutes April 5, 1988 Page Two Assistant Planner Wozniak informed the Commission of recent inquiries and interest of several contractors to acquire mining /grading permits. The interest is based on a County project for the improvement of County Road 42 east of T.H. 52. Specifically, two contractors have submitted applications for grading permits, Gammon Bros. Inc. and Pine Bend Development Company. Representatives for Gammon Bros. Inc. were not present for review of their grading permit request. MOTION by Huntington to table action on the grading permit request of Gammon Bros. Inc. until applicant requests another appearance before the Planning Commission. Ayes 4, Nays 0. Mike Olson, Pine Bend Development Co., was present to submit his application for a grading permit for the removal of 100,000 cubic yards of sand and gravel and regrading of a 18 -acre site located east of Emery Avenue, south of County Road 38 and north of the new section of County Road 38 and north of the new section of County Road 42 which will be constructed this spring. The request for this permit is directly related to the County Road 42 street improvement project. Wozniak stated that the applicant is also requesting approval for the use of crushing machinery on the site in order to adequately prepare the materials required for highway construction. In their review of this project, Staff has determined that the use of such equipment combined with grading activities should require approval by City Council as well as Planning Commission. MOTION by Huntington recommending approval of the grading permit as requested by Pine Bend Development Company subject to the following: 1) Permit limited to the County Road 42 improvement contract; 2) Notification to surrounding property owners to make them aware of grading activity and to allow comment when on Council agenda. 3) Authorization by Council for 'on -site crusher and bituminous plant; 4) Seasonal permit related to project duration; 5) Total site restoration by fall, 1988; 6) Letter of Credit to be determined by City Engineer. Second by Toombs. Ayes 4, Nays 0. The Commission had in their possession copies of Rosemount Redevelopment Plan Modification IV. Johnson noted that the modification of this document was limited to the identification of the Corcoran /Moeller properties, northwest corner of the intersection of South Robert Trail and 145th Street West, to allow expenditure of funds for the acquisition and construction of the South Robert Square retail project. Johnson stated that this document does comply with the Rosemount Comprehensive Guide Plan. MOTION by Jacobson to adopt Resolution 1988 -1 A Resolution Finding that the Rosemount Development Plan Modification No. IV is in Conformance with the City of Rosemount Comprehensive Guide Plan. Second by Meyer. Ayes: Toombs, Meyer, Jacobson. Nays: 0. Abstain: Huntington. (Because of City government involvement in financing of project) Regular Meeting Minutes April 5, 1988 Page Two Steve Fitterman, President of Ground Development Corporation, and Wayne Tower, Pioneer Engineering, presented a sketch plan for Shannon Hills Addition, an 80 -acre parcel located north of 145th Street and west of Carrollton Addition and Carrolls Woods. Two options for the subdivision were submitted for review and comment by the Commission. Option A consisted of a mixture of single family lots and approximately 70 townhouse units; Option B consists exclusively of single family lots. Discussion and suggestions from Staff and the Commission included lot frontage, lot size, trail system and public access to Carrolls Woods. The Commission expressed their preference for Option B, the concept for the total subdivision to include only single family lots. MOTION by Huntington to adjourn. Second by Toombs. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:55 p.m. Respectfully submitted, Donna Quintus Recording Secretary See Planner's File 1988 -7 City of Rosemount Planning Commission Resolution 1988 -1 A RESOLUTION FINDING THAT THE ROSEMOUNT DEVELOPMENT PLAN MODIFICATION NO. IV IS IN CONFORMANCE WITH THE CITY OF ROSEMOUNT COMPREHENSIVE GUIDE PLAN WHEREAS, the Housing and Redevelopment Authority (HRA) of the City of Rosemount has prepared the Rosemount Redevelopment Plan Modification No. IV, dated March 21, 1988; WHEREAS, the City of Rosemount Planning Commission has received said plan modification and is required to comment on its conformance with the City of Rosemount Comprehensive Guide Plan. NOW THEREFORE BE IT RESOLVED, the Planning Commission of the City of Rosemount advises the HRA and the City Council of the City of Rosemount that the Rosemount Redevelopment Plan Modification No. IV, dated March 21, 1988 is in conformance with the City of Rosemount Comprehensive Guide Plan. Adopted this 5th day of April, 1988. c Steve Toombs, Chairman ATTEST: /L1 Del Hyrntington, Stary e1 1367 -145TH ST E P 0 BOX 455 osernoun� ROSEMOUNT MINNESOTA 55068 612-423-4-111 PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 19, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on April 19, 1988 at 5:00 p.m. Acting Chairman Huntington called the meeting to order with members Hathaway, Meyer and Jacobson present. Also present was Michael Wozniak, Assistant Planner, Dean Johnson, Director of Community Development, and Dennis Wippermann, Councilmember. MOTION by Hathaway to approve the April 5, 1988 Regular Meeting Minutes as printed. Second by Meyer. Ayes 4, Nays 0. Assistant Planner Wozniak informed the Commission on the status of the proposed zoning ordinance stating that the document is currently in legal review by the City's attorney. There will be further discussion by the Planning Commission of recommended changes before submission to Council for their review and a public hearing date set. Community Development staff is anticipating 2 -3 months for adoption of the revised zoning ordinance. Wozniak updated the Commission on O'Leary's Hills 4th Addition stating that a feasibility study has been ordered which will be followed by plans and specs for improvements. O'Leary's Hills 4th Addition represents an additional 31 single family lots. Wozniak further informed the Commission that plans for the utilities for Wensmann 2nd Addition should be received by the City soon. Action on the final plat and rezoning for this development (63 single family lots) is expected at the May 17, 1988 Regular Meeting. The Commission discussed the preliminary plat and concept PUD for the proposed Shannon Hills subdivision. Based on the preference of the Planning Commission, Mr. Fitterman, developer, has submitted a 190 -lot single family proposal for an 80 -acre parcel located north of 145th Street and east of and contiguous to Carrollton Addition and Carrolls Woods. Community Development staff has concluded that the submitted design of the development is acceptable and most appropriate to the subject property. Commissioner Jacobson asked if any measures had been taken to ensure compatibility between the lots of Shannon Hills which will immediately abut the large lots of Carrollton Addition. Wozniak informed the Commission that the developer was required to provide a minimum 85' width (Zoning Ordinance requirement) on all lots abutting the Carrollton Addition to ensure a transition between the 75 -85 foot lots located elsewhere in Shannon Hills. MOTION by Huntington recommending approval of Shannon Hills preliminary plat /concept PUD subject to: 1) Rezoning; 2) Comprehensive Guide Plan Amendment; 3) Environmental Assessment Worksheet (EAW); 4) Engineering recommendations; 5) Detailed plans and specifications; 6) Park dedication recommendation; 7) Executed PUD /Subdivision Development Contract. Second by Meyer. Ayes 4, Nays 0. Regular Meeting Minutes April 19, 1988 Page Two MOTION by Jacobson to approve Rosemount Comprehensive Guide Plan Amendment No. 11. Second by Meyer. Ayes 4, Nays 0. Community Development staff has received a request from Michael and Lois Doll, property owners, to permanently combine Lots 1 and 2, Block 2, Mickelson's First Addition for the purpose of constructing a single family dwelling. Because of the profile of the property, adequate setbacks for the on -site septic system cannot be maintained. These lots will function as one lot with an agreement to permanently combine the lots with only one approved access point on CR 38 (125th Street West). MOTION by Hathaway recommending approval of the combination of Lots 1 and 2, Block 2, Mickelson's First Addition as request. Second by Meyer. Ayes 4, Nays 0. Community Development Director Dean Johnson informed the Commission of a City Council Open House on Tuesday, May 3, 1988 from 7:30 p.m. to 9 :00 p.m. featuring a State of the City Address by Mayor Rollan Hoke. The Commission was encouraged to attend. MOTION by Huntington to adjourn. Second by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 5:50 p.m. Respectfully submitted, 4 41CAL) GGt-1 Donna Quintu Recording Secretary See Planners File 1988 -8 4 0 1367 -145TH ST. E P O. BOX 455 osernoun1 PLANNING COMMISSION ROSEMOUNT. MINNESOTA 55068 612-423-4411 REGULAR MEETING MINUTES MAY 3, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on May 3, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington and Meyer present. Also present was Michael Wozniak, Assistant Planner, Dean Johnson, Director of Community Development, Mayor Rollan Hoke and Dennis Wippermann, Councilmember. MOTION by Meyer to approve the April 19, 1988 Regular Meeting Minutes as printed. Second by Hathaway. Ayes 4, Nays 0. Assistant Planner Wozniak informed the Commission that a public hearing has been scheduled for the May 17, 1988 Planning Commission Meeting at 6:00 p.m. The hearing is to allow comment on a requested variance to allow horses on less than five acres for all lots located in the Shannon Oaks Addition. Daryl Anderson, Design Partnership Enterprises, and representative of Haven Enterprises, developer, presented a site plan for a 63,500+ square foot mall to be located on a 7.5 -acre parcel in South Rose Park between the Holiday Station Store and Pizza Hut. Commissioner Jacobson took his chair at 5:07 p.m. Assistant Planner Wozniak informed the Commission that staff has met with the developer and has concluded that the proposal is a viable project for the subject property with details concerning access, utilities, ordinance setback requirements, aesthetic appearance and berming to be addressed upon further staff review and before recommendation for final approval. Of particular concern to staff would be whether to require replatting of the property due to the fact that, as proposed, the project is located on two lots in South Rose Park Addition Replat. The structure would straddle the boundary of these two lots. Building permit issuance would necessitate a legal combination of these two parcels or a replat. Also, the proposal includes the creation of an outlot for a future building. Commissioner Jacobson expressed a concern for present safety of pedestrian traffic across County Road 42 and suggested that access to the shopping center from CR 42 with the installation of traffic signals at this created intersection may be beneficial in the reduction of speeds. The result would be increased pedestrian safety and possibly prevent future problems at the intersection of CR 42 and Canada Avenue due to increased traffic. Community Development Director Dean Johnson stated that a preliminary discussion with the Dakota County Highway Department has revealed that the County will not approve additional access to CR 42 in this area. Commissioner Jacobson also addressed the aesthetic appearance of the building stating that appearance and image of the shopping center was of particular interest to him and directed that the developer take these comments into consideration when presenting a final plan. Regular Meeting Minutes May 3, 1988 Page Two MOTION by Huntington to recommend approval of the sketch plan for a shopping mall structure as submitted subject to staff comments regarding the following: 1) platting requirement 2) County Road 42 access 3) compliance with yard setback requirements 4) site access and circulation concerns 5) utilities 6) architectural aesthetics 7) landscaping and berming Commissioner Jacobson questioned whether sketch plan approval also implies architectural concept approval. Staff reassured the Commission that site plan and architectural review will be addressed in the detailed review of the Concept PUD and preliminary approval of this project. A recommendation for approval of the sketch plan simply acknowledges that the proposal is appropriate for the designated property. MOTION by Toombs to recommend approval of the sketch plan for a shopping mall structure as submitted subject to staff comments regarding the following: 1) platting requirement 2) County Road 42 access 3) compliance with yard setback requirements 4) site access and circulation concerns 5) utilities 6) architectural aesthetics 7) landscaping and berming Second by Jacobson. Ayes 5, Nays 0. Commissioner Jacobson noted that included on the legend of the Shannon Hills preliminary plat the lot sizes are labeled as "standard." Jacobson directed that staff advise City Council that in their review and public hearing of the preliminary plat for Shannon Hills Addition which is to be held this same evening that the City of Rosemount has no legal description of "standard" lots in the present zoning ordinance. MOTION by Jacobson recommending that City Council be advised that "standard" lot sizes as described in the legend for Shannon Hills preliminary plat is not described in the Rosemount zoning ordinance or any other legal document of the City of Rosemount. Second by Toombs. Ayes 5, Nays 0. MOTION by Jacobson to adjourn. Second by Toombs. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:20 p.m. Respectfully submitted, 4 611,1CAL )144'17113--- Donna Quintus Recording Secretary See Planners File 1988 -9 4 c1?i of 1367 145TH ST. E P 0 BOX 455 osernouni P LANNING COMMISSION ROSEMOUNT MINNESOTA 55068 612-423 -44 441 11 1 REGULAR MEETING MINUTES MAY 17, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on May 17, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington, Meyer and Jacobson present. Also present was Michael Wozniak, City Planner, and Dean Johnson, Community Development Director. MOTION by Huntington to approve the May 3, 1988 Regular Meeting Minutes as printed. Second by Meyer. Ayes 5, Nays 0. Commissioner Jacobson added the following agenda items: 4c) Status of Proposed Zoning Ordinance Review; 5c) Airport Issue; 5d) Waste Water Treatment Plant Facility. City Planner Wozniak gave an informal preview for the Commission's information of preliminary discussions that staff has had with Enebak Construction on a tentative proposal for the development of a 500 single family subdivision on a 126 -acre site located north of County Road 42 and east of Biscayne Avenue. At this point the primary issues relevant to this proposal are the screening of this subdivision from the railroad tracks and County Road 42 and at which point a city collector street should be placed for the crossing of the railroad tracks. A mixture of entry level and moderate housing proposed for this development appears to be an appropriate and good use of the subject property. A preliminary plat for 300 of the 500 lots may be formally presented at the June 7th Regular Planning Commission Meeting. Chairman Toombs suspended the Regular Agenda order to accommodate interested persons present for review of a pole building permit request. Rolland Sachs, 3155 145th Street East, was present in the audience and requested a permit to construct a 54' x 60' accessory structure on his property. Mr. Sachs stated the proposed use of the 3,240 square foot structure is for storage of a semi trailer, two dump trucks and his personal houseboat which are presently stored on -site without benefit of enclosure. City Planner Wozniak previewed discussion with the primary issues pertinent to this request that need to be addressed by the Commission. Those being the concerns of the use of the structure for purposes other than agricultural and the proposed location which straddles his present southern property line. According to Mr. Sachs the property in question is proposed to be divided by his father -in -law between him and another relative. Also, even with the property division, access to Mr. Sach's property is per a private easement off County Road 42 which does not meet the city's minimum load requirement standards. Discussion included the visibility impacts on the general public as well as abutting property owners, aesthetic treatment of the structure and proper accessability to the site. MOTION by Huntington to approve the building permit issuance for a 54' x 60' pole building as requested by Mr. Rolland Sachs subject to Council approval of a lot division /combination to legally combine both properties. Second by Toombs. Ayes 5, Nays 0. Herb Wensmann, Wensmann Properties, Inc., has presented a final plat for Wensmann Second Addition which includes 65 single family lots encompassing the 40 single family lots in the first phase of Wensmann Addition. Wozniak noted that the final plat for Wensmann Second Addition conforms to the original PUD as originally approved in September, 1987. This property has already been rezoned to single family residential. Regular Meeting Minutes May 17, 1988 Page Two MOTION by Huntington recommending approval of Wensmann Second Addition Final Plat subject to an executed development agreement. Second by Toombs. Ayes 5, Nays 0. Wozniak reviewed with the Commission the final plat for South Robert Square which consists of two lots and three outlots, all under private ownership, either individual or common ownership. Outlot A includes the parking area; Outlot B represents the common entrance area; and Outlot C identifies an open pedestrian area. The City has required an easement on Outlot C for possible future amenities, i.e., drinking fountain, public benches, etc. MOTION by Huntington recommending approval of South Robert Square final plat. Second by Toombs. Ayes 5, Nays 0. Commissioner Huntington excused himself from his chair. Daniel Huntington, owner, has submitted a request for a building permit to construct a 3,600 square foot addition onto his building located at the intersection of Carousel Way and 151st Street West, known as Rose Park Mechanical Building. Mr. Huntington stated the proposed use of the addition is for, combination warehouse /office space for lease. The 3,600 square foot addition will match the existing structure and includes a continuation of the landscaping. Adequate parking has been provided for the proposed use. All other requirements have been met. MOTION by Toombs to approve the building permit for a 3,600 square foot addition and site plan for Rose Park Mechanical Building as presented by Daniel Huntington. Second by Meyer. Ayes 4, Nays 0. Commissioner Huntington returned to his chair at 5:50 p.m. Wozniak informed the Commission that he has received the newly proposed zoning ordinance and is in the process of making corrections as recommended, by the city attorney. He noted that these corrections are limited to language to improve clarification and does not change the content. Commissioner Jacobson advised that in a conversation with Councilmember Wippermann, former Planning Commissioner, he indicated that there were some issues still outstanding in the early review of the zoning ordinance that had not been revised. Wozniak stated that to his knowledge all revisions as suggested in the early review of the ordinance had or have been incorporated into the proposed document. Wozniak further informed the Commission that, when completed, indexed copies of the proposed ordinance will be distributed to both Planning Commission and City Council. A joint meeting with the Council and Commission could be scheduled to review the document wherein Council would be briefed on the major changes before their formal review and ultimate public hearing for the adoption of the zoning ordinance. Commissioner Toombs recessed the Regular Planning Commission Meeting and opened the scheduled meeting of the Board of Appeals and Adjustments at 6:00 p.m. to conduct a public hearing. City Planner Wozniak had in his possession Affidavits of Publication and Mailed Hearing Notice for the variance request of John Houston, Great Stock Corporation. Mr. Houston, developer, was present to formally request approval of a variance to allow horses to be kept on all 12 lots of Shannon Oaks which range in size from 4.2 to 7 acres. He further requested that this be considered a permanent variance and not subject to the standard one year expiration as required by zoning ordinance. There were no other persons present in the audience for comment. Regular Meeting Minutes May 17, 1988 Page Two Chairman Toombs closed the public hearing at 6:05 p.m. MOTION by Jacobson to approve a permanent variance for the keeping of horses in Shannon Oaks subdivision subject to a limit of one horse per two acres and the rezoning of the property to RR Rural Residential. Ayes 5, Nays 0. Chairman Toombs closed the meeting of the Board of Appeals and Adjustments and reopened the Regular Planning Commission Meeting. Commissioner Jacobson read a resolution to be considered by the Planning Commission regarding the potential relocation of an airport to a site in Rosemount. The motion was seconded by Huntington for benefit of discussion. Community Development Director Dean Johnson stated that he shared the concern of Commissioner Jacobson, however, since staff had not reviewed the resolution offered they were not prepared to make a recommendation. Johnson further stated that the Planning Commission should be concerned about their lack of participation in any discussion on changes in land use which would come about with such a significant development. Johnson informed the Commission that City Council has gone to great lengths to prepare a resolution effecting the stand of the City on the recent publicity surrounding the adequacy study. Johnson cautioned against a formal position by the Planning Commission without similar preparation and discussion. Commissioner Jacobson withdrew his motion and recommended tabling discussion of this issue until the next meeting. Commissioner Huntington withdrew his second. Commissioner Jacobson informed the Commission of a new waste water treatment plant being built contiguous to the existing Rosemount Waste Water Treatment Plant. He suggested that the existing building is well suited to be considered as a wastewater pretreatment plant and would serve as an incentive for industry to locate in Rosemount. MOTION by Jacobson to resolve that the City of Rosemount's Planning Commission does recognize the need to encourage industry to locate in Rosemount and thus encourages the City Council to investigate the planned disposition of the current waste water treatment plant and its potential to provide industrial waste water pretreatment services. Second by Huntington. +'Ayes 5, Nays 0. MOTION by Huntington to adjourn. Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:50 p.m. Respectfully submitted, Donna Quintus Recording Secretary See Planners File 1988 -10 i ?LI 367 -145TH ST. E. P. O. BOX 455 osemount ROSEMOUNT MINNESOTA 55068 612-423-4411 PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 7, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on June 7, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Meyer and Jacobson present. Also present was Michael Wozniak, City Planner, Dean Johnson, Director of Community Development and Dennis Wippermann, Councilmember. MOTION by Jacobson to approve the May 17, 1988 Regular Meeting Minutes as printed. Second by Meyer. Ayes 4, Nays 0. As required by the bylaws the Planning Commission approved City Planner Wozniak's request for a revision of the Regular Order of the Agenda. Due to a lengthy agenda, time limitation and accommodation of interested persons the agenda was revised as follows: 3. New Business; 4. Old Business; 5. Discussion Items. Thomas Walbon, President of Walbon Trucking, was present to request a building permit for an addition to the existing concrete block structure located at 4230 Pine Bend Trail. Mr. Walbon is proposing an office portion of the addition to be of wood frame construction and a truck loading and servicing portion to be of metal construction. Staff has concluded that minimum zoning requirements can be met; however, there is a question as to whether building code standards can be met on the metal portion of the addition. No detailed plans have been submitted for staff review. The main concern of the Planning Commission is the issue of exterior treatment of the final structure. Staff suggests there would be aesthetic conflict with the use of three different materials on the finished building. MOTION by Jacobson to table action on the request of Walbon Trucking for an addition to their existing facility until building and site plan details are submitted to Staff for their review and recommendation at the June 21, 1988 Planning Commission Meeting. Second by Meyer. Ayes 4, Nays 0. Mike McDonough, Sunrise Building Supply, has submitted a grading plan for his site at 14000 South Robert Trail to accommodate structures of a previously approved site plan for an expansion of his building supply operation. City Planner Wozniak reviewed with the Commission comments from Rich Hefti, City Engineer, and his recommendations regarding a drainage easement, surfacing of future parking areas, final grade after building construction and erosion control measures prior to final grading. The proposed grading plan, as submitted, establishes a more buildable site and a sufficient drainage pattern. Mr. McDonough stated his agreement to comply with staff recommendations; however, he expressed his desire to work in concurrence with City Staff in the design of the recommended easement and pond storage to ensure adequate drainage patterns and protection from flooding. MOTION by Hathaway to approve the grading permit as requested by Sunrise Building Supply subject to the following: 1) 30' easement along southern boundary of site; 2) surfacing of future parking areas as recommended by staff; 3) establishment of a maximum 4 :1 slope upon completion of first proposed structure; 4) submittal of erosion control plan prior to commencement of grading. Second by Toombs. Ayes 4, Nays 0. Regular Meeting Minutes June 7, 1988 Page Two The descriptions for a simple lot division located east of Bacardi Avenue and north of County Road 38 as requested by Bill Maurer and Dick Winkler have been submitted to the City. Mr. Maurer and Mr. Winkler are purchasing approximately 173 acres currently zoned Agriculture and wish to divide off two homesites at this time with a long term interest of developing the remaining property in the future should utilities become available. The two proposed 10 -acre lots with 300' of frontage on a public road comply with ordinance requirements in the AG District. MOTION by Toombs recommending to City Council approval of the request of Bill Maurer and Dick Winkler for a simple lot division. Second by Meyer. Ayes 4, Nays 0. Additional and different product lines requiring supplemental storage space has prompted the request of Greif Bros. Corporation, 2750 145th Street West for a 14,600 square foot addition to the rear of their existing 123,000 square foot structure. City Planner Wozniak reviewed with the Commission a site plan which identified an 8 -foot encroachment in the 25' rear yard setback required in the Industrial Park District. The applicant has applied for the variance with a public hearing scheduled for this same evening. A building plan sketch exhibited an 81' x 181' metal structure addition to the rear of the existing concrete block structure. Aesthetic review by Community Development staff suggests that matching of exterior materials would be more appropriate based on the proximity to the downtown area, the potential for development of another building site to the south of this property and previous, requirements of the Planning Commission for aesthetic exterior treatment for similar requests. An evaluation by the Building Official has also revealed initial code compliance concerns, although building details have not been IP submitted for an in -depth review. Jack Flag and Richard Tendick, representatives for Greif Bros. Corporation, noted that their decision to use the metal building construction was based upon the efficiency of metal compared to concrete block and economic feasibility. The Commission was in agreement that their main objective is to review aesthetics and zoning ordinance requirements; however, approval of all requests is subject to building code conformance and recommendation of the Building Official. Of equal concern to the Commission is the setting of a precedent based on the specifications they have required in their aesthetic review of similar applications. The Commission suggested that the applicant submit further evidence of comparable additions to their other facilities for a complete and fair aesthetic review. MOTION by Meyer to table action on the request of Greif Bros. Corporation and recommending that detailed building plans be submitted to the Building Official for building code review and that the applicant submit further testimony of aesthetic treatment of the addition. Second by Jacobson. Ayes 4, Nays 0. Commissioner Toombs recessed the Regular Planning Commission Meeting and opened the scheduled meeting of the Board of Appeals and Adjustments at 6:00 p.m. to conduct a public hearing. City Planner Wozniak had in his possession Affidavits of Publication and Mailed and Posted Hearing Notice for the variance request of Greif Bros. Corporation. MI Regular Meeting Minutes June 7, 1988 Page Three Greif Bros. Corporation has requested an 8 -foot variance to rear yard setback in the Industrial Park District to accommodate an addition to their existing facility located at 2750 145th Street West bringing the structure to within 17 feet of the rear property line as opposed to the required 25 -foot ordinance requirement. Due to existing structural limitations on other sides of the structure dictates that the only logical placement of the addition is to the rear side. The rationale for the 25 -foot setback ordinance requirement is to guarantee adequate structural separation, adequate light, open air area, etc. Staff assessment of the request revealed that a 75 -foot water line easement is located on the property abutting the Greif Bros. rear property line; therefore, a variance could be granted without compromising the intent of the ordinance. There were no other persons present for comment. Chairman Toombs closed the public hearing at 6:05 p.m. MOTION by Toombs to approve the variance to rear yard setback as requested by Greif Bros. Corporation. Second by Jacobson. Ayes 4, Nays 0. Chairman Toombs closed the meeting of the Board of Appeals and Adjustments and reopened the Regular Planning Commission Meeting at 6:08 p.m. Daryl Anderson, Design Partnership Architects, was in attendance representing the Haven Enterprise request for preliminary plat /PUD approval for Rosehaven Mall, a shopping center proposed to be located south of County Road 42, north of 151st Street West and between Pizza Hut and Holiday Station. The Planning Commission previously required a replatting of the site located in South Rose Park Addition and a PUD giving the Commission an opportunity to evaluate the site plan and aesthetic treatment of the building(s). Key issues discussed by the Commission included 1) access points, specifically whether to allow right -in /right -out access onto County Road 42; 2) safety issues regarding access; 3) structure orientation on the lot; 4) vehicular flow patterns; and 5) exterior treatment of the mall structure. MOTION by Jacobson recommending action on the Rosemount Mall preliminary plat and PUD be tabled until sufficient details are submitted by the applicant for proper staff review and recommendation. Second by Meyer. Upon further discussion the motion was amended by Commissioner Jacobson. MOTION by Jacobson recommending action be tabled on the Rosemount Mall preliminary plat and PUD until sufficient details are submitted by the applicant for staff review and recommendation, specifically addressing 1) building aesthetics; 2) south and east access issue; and 3) direct access from CSAH 42. Second by Meyer. Ayes 4, Nays 0. MOTION by Toombs recommending Council set a public hearing for the Rosehaven Mall preliminary plat and PUD. Second by Jacobson. Ayes 4, Nays 0. Commissioner Jacobson stated his concern for pedestrian safety in crossing CSAH 42 at Canada Avenue and requested staff recognition of this issue by initiating a safety study and presenting proposals for promotion of safety at this intersection. Chairman Toombs recessed the Regular Planning Commission Meeting for relocation of the meeting in order that the regularly scheduled council meeting could begin. The Planning Commission Meeting reconvened at 7:40 p.m. Regular Meeting Minutes June 7, 1988 Page Four Dale Helwig, property owner, was present to request a variance for an on -site septic system on a 2.28 -acre lot located off CSAH 42 just west of TH52. The primary issue regarding this request is the legality of the lot division which appears to have occurred in 1980 and recorded by the County as recently as 1987. This is clearly inconsistent with ordinance requirements for lot density in the Agriculture District. Gary Kassube, adjoining landowner and representative of area property owners, expressed concern that similar requests for subdivision of property in this area have been denied based on ordinance requirements. He suggested that if the City were to approve a building permit for this site, requests from other property owners interested in similar subdivision of their property should also be granted. The Commission was in agreement that further discussion and evaluation of the request is necessary and directed Staff to provide for an informal mailing to surrounding residents for their comment at the next Regular Planning Commission Meeting. City Planner Wozniak stated that he will also consult the city attorney for his interpretation. No action was taken on this matter at this time MOTION by Toombs to adjourn. Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 8:00 p.m. Respectfully submitted, o Donna Quintus Recording Secretary See Planners File 1988 -11 cit of 1367 -145TH ST. E- P. O. BOX 455 o sernoun1 PLANNING COMMISSION ROSEMOUNT. MINNESOTA 55068 612 -423 411 REGULAR MEETING MINUTES JUNE 21, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on June 21, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Huntington, Meyer and Jacobson present. Also present was Michael Wozniak, City Planner, Dean Johnson, Director of Community Development and Dennis Wippermann, Councilmember. MOTION by Meyer to approve the June 7, 1988 Regular Meeting Minutes as printed. Second by Huntington. Ayes 4, Nays 0. Upon a personal investigation Commissioner Jacobson discovered the owners are proposing to use the existing Rosemount Wastewater Treatment Plant for storage after replacement with the new facility. He suggested that there may be more suitable uses for this structure that could benefit the city and directed staff to look into the potential for utilization of this structure for industrial use. Community Development Director Dean Johnson discussed land use planning for the University of Minnesota property located in Rosemount in response to several issues that have and continue to arise on proposed uses of this property. These issues include rural water, land sales, land use conflicts, future roadways and airports. MOTION by Jacobson to recommend to the City Council that the City of Rosemount direct its energies in securing a commitment from the University of Minnesota to establish, in partnership with the City of Rosemount, a meaningful process and timetable for the complete and comprehensive revision of the University's "Rosemount Long Range Planning Framework," to coordinate with and compliment the revision of the City's "Comprehensive Guide Plan" and, thus, continue to ensure that development of Rosemount will enhance the quality of life of its citizens. Second by Meyer. Ayes 4, Nays 0. Action on the request of Walbon Trucking for an addition to their structure located at 4230 Pine Bend Trail had been tabled from the last meeting to allow staff and the owners to meet and discuss an acceptable solution for the exterior treatment of the proposed addition. The building contractor, owner and city staff have agreed upon the utilizing of concrete block for the truck storage /loading portion of the addition to match the existing structure and retain the wood frame office addition with a metal roof for both components of the expansion. MOTION by Toombs to approve the building permit for an addition to Walbon Trucking as presented. Second by Huntington. Ayes 4, Nays 0. Daryl Anderson, Design Partnership Architects, was present to discuss the concerns identified by staff and the Commission at the previous meeting concerning site access and exterior treatment of a 63,000 square foot shopping mall in their review of the preliminary plat /PUD for Rosehaven Mall. Action on this proposal had been tabled until these key issues could be resolved. Mr. Anderson presented examples of materials proposed for the exterior surface and explained the general design of the structure. The Commission and staff were in general agreement that the aesthetic treatment and landscaping proposed are acceptable. 4 Regular Meeting Minutes June 21, 1988 Page Two Parking and site concerns have been addressed to the satisfaction of staff with the exception of right -in access proposed onto CSAH 42. Discussion ensued wherein staff contends that direct access would represent a traffic safety concern as well as setting a precedent in allowing 1/8 -mile intersection spacing along a busy county corridor in a commercial district. Commission members suggested that direct access from County Road 42 to the shopping mall may alleviate problems and aid in pedestrian safety at the intersection of Canada Avenue and CSAH 42. Community Development Director Dean Johnson stated that, although the Commission's concern and comments on pedestrian safety is appropriate, this issue should not jeopardize or delay action on the preliminary plat and PUD for Rosehaven Mall. Pedestrian safety at the Canada Avenue /CSAH 42 intersection should be addressed as a separate issue unrelated to the Rosehaven Mall proposal. MOTION by Huntington recommending approval of the Rosehaven Mall preliminary plat /concept PUD without the right -in access off CSAH 42 subject to the following: 1) Execution of a Planned Unit Development Agreement, 2) Park dedication recommendations; 3) Engineering recommendations. Second by Toombs. Ayes 4, Nays 0. MOTION by Jacobson requesting that City Council address pedestrian crossing safety concerns at the intersection of Canada Avenue and CSAH 42. Second by Meyer. Ayes 4, Nays 0. Dale Helwig was present to request Planning Commission interpretation as to whether his 2.28 -acre lot located in the AG District off CSAH 42 and west of TH 52 is a buildable lot. City Planner Wozniak stated that it is the recommendation of the city attorney that this property should be recognized as an illegally divided lot which does not meet zoning requirements to allow construction. This conclusion was based upon the fact that the lot division occurred in 1980 and was recorded by the County in 1987 without compliance with ordinance requirements in force at that time and without the necessary City approval. Community Development Director Dean Johnson stated that an assessment for CSAH 42 improvements charged to the subject property will be addressed as a separate issue. MOTION by Huntington to declare that the 2.28 -acre lot owned by Dale Helwig shall be considered an illegal lot and does not meet minimum lot size requirements in the AG District; and, therefore, this lot is declared unbuildable and no construction permits shall be issued. Second by Toombs. Ayes 4, Nays 0. Staff has met with Chuck Novak, architect, and personnel of Greif Bros. Corp. to establish building code compliance for a proposed 81' x 181' metal addition to their existing structure at 2750 145th Street West. Building Official Ron Wasmund has verified that building code requirements can be met if constructed according to the plans presented. The primary issue becomes that of aesthetics. Greif Bros. Corp. is proposing a metal addition to an existing block and brick structure. As directed by the Commission and based on previous action on similar requests, staff has recommended to the applicant that comparable materials to the existing building should be utilized for a more suitable aesthetic appearance. Mr. Novak stated that while they are still proposing the all metal addition, ample landscaping surrounding the perimeter of the addition has been added to the site plan to address the Commission's aesthetic concerns. Regular Meeting Minutes June 21, 1988 Page Three MOTION by Huntington to deny the building permit issuance for a metal addition as requested by Greif Bros. Corp. and recommended the request be resubmitted with the use of comparable building materials for aesthetic review. Second by Meyer. Ayes 4, Nays 0. Ron Ciora, Vice President of Dixie Chemical Company, presented a brief presentation on a chlorine chemical packaging facility that they wish to locate on a 30 -acre site at the intersection of Pine Bend Trail and Highway 55. Activities of the plant include the packaging, storing and transportation of a compressed gas. City Planner Wozniak stated that representatives of City Council, Planning Commission and staff recently had the opportunity to visit a Dixie Chemical Plant in Denver, CO similar to the one proposed to be located in Rosemount and were impressed with the plant facility regarding safety and plant operations. Mr. Ciora provided answers to questions about plant activities from the Commission and those surrounding property owners in attendance. Discussion included safety, air pollution, waste generation, processing procedures, chemical information and transportation techniques. MOTION by Toombs to adjourn. Second by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:30 p.m. Respectfully submitted, Rhonda Weber Recording Secretary See Planner's File 1988 -12 et of P.O. BOX 510 2875 -145TH ST. W. g?osernouni ROSEMOUNT. MINNESOTA X 510 612- 423 -4411 REGULAR MEETING MINUTES JULY 5, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on July 5, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Meyer and Jacobson present. Also present was Michael Wozniak, City Planner, Dean Johnson, Director of Community Development and Dennis Wippermann, Councilmember. MOTION by Meyer to approve the June 21, 1988 Regular Meeting Minutes as printed. Second by Jacobson. Ayes 3, Nays 0. Mr. George Novacek of 2058 135th Street West had requested an audience with the Planning Commission to discuss the issue of Conditional Use Permits (CUP's). Mr. Novacek was not available for comment at this meeting. This topic will be discussed again at a later meeting. Recent requests for sand and gravel permits east of Trunk Highway 52 in the City of Rosemount (the two requests would include approximately 155 acres in the Agriculture District) has prompted staff to initiate a discussion on concerns of the Planning Commission in setting city policy regarding such operations in the AG District. These policies should be incorporated into the proposed zoning ordinance to ensure control of mining activities and to preserve the integrity of the city's comprehensive guide plan. Discussion included time restrictions of mining activity, location, size limitation, number of active pits, reclamation policies and load limits on city and county roads used for transportation. The City of Apple Valley is presently reviewing a proposal to allow a 1400 -acre sand and gravel pit to be located south of County Road 42 along the western border of Rosemount and northern border of Lakeville. This has raised concern by both Rosemount and Lakeville on the potential impact of this type of activity on the two cities. The commission reviewed a copy of the EAW (Environmental Assessment Worksheet) with comments by staff responding to this document. MOTION by Toombs to endorse points of the draft letter dated July 6, 1988 as submitted by Stephan Jilk, City Administrator, to the City of Apple Valley stating the City of Rosemount views and summary in reference to the Consolidated End Use Concept Scoping EAW for the proposed sand and gravel operation in Apple Valley. Second by Meyer. Ayes 3, Nays 0. MOTION by Jacobson to adjourn. Second by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:15 p.m. Respectfully submitted, 4 Rhonda Weber See Planner' s File 1988 -13 Recording Secretary g? 1,1116 y of 1367 -145TH ST. E- P O. BOX 455 o PLANNING COMMISSION ROSEMOUNT MINNESOTA 55068 612-423-4411 REGULAR MEETING MINUTES JULY 19, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on July 19, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington, Meyer and Jacobson present. Also present was Michael Wozniak, City Planner, and Dennis Wippermann, Councilmember. MOTION by Jacobson to approve the July 5, 1988 Regular Meeting Minutes as printed. Second by Meyer. Ayes 5, Nays 0. George Novacek, 2058 135th Street West, was present to request that Planning Commission consider the incorporation of Conditional Use Permits (CUP) in the current revision of the zoning ordinance. The basis for this request is to allow or legitimize the auto dealership and auto repair and restoration activities that Mr. Novacek presently conducts on his property. City Planner Wozniak stated that initial consideration of CUPs by staff and Planning Commission for inclusion in the proposed zoning ordinance resulted in a decision to exclude CUPs in favor of allowing uses by special permit in specific zoning districts. The rationale for this decision was to discourage undesirable uses in residential districts. Wozniak further explained that due to a proposal for a major single family development in the general area of the Novacek property, staff has determined that this area is highly desirable for single family development. A major update of the comprehensive guide plan is scheduled to commence within the year. Due to the present proposal for residential in this area and the logical extension of public utilities, there is a definite potential for the area contiguous to the subject site to be designated in the sewered district in the long range capital improvement plan. Mr. Novacek cited the uses of the property directly to his north (AAA Auto Salvage and Phil's Body Shop) as similar to the use he has proposed. City Planner Wozniak informed those present that Phil's Body Shop is a legal nonconforming use because of its existence prior to the adoption of the present zoning ordinance in 1972 and all requests for expansion have been denied by the city. AAA Auto Salvage is not a legal use of the property and any expansion of this use has not received city approval. The city is actively negotiating with the property owner for relocation of this business to a proper zoning district. Commissioner Jacobson suggested that discussion of this matter be held over to a future meeting after researching the possibility that this business meets the criteria necessary as a legitimate home occupation and encouraged Mr. Novacek to meet with staff prior to that meeting to allow a thorough evaluation of the nature of his business activity. Commissioner Jacobson further suggested that staff examine the issue of auto dealerships and recommend a process for the regulation of these and similar activities. Dale Royer was present to request site plan approval for a car wash facility to be located on part of Lot 3, Block 3, South Rose Park Addition Replat. This 1.2 -acre lot is situated at the intersection of Canada Avenue and Highway 3 (South Robert Trail). The completed project will consist of six tandem bays, one automatic washing bay and an office area. Discussion included setbacks, stacking area, parking, landscaping and aesthetics. The proposal meets all zoning ordinance requirements. Regular Planning Commission Meeting Minutes Icily 19, 1988 Page Two MOTION by Huntington to approve the building permit for a car wash facility as proposed by Dale Royer subject to building code requirements as determined by the Building Official. Second by Meyer. Ayes 5, Nays 0. Wozniak updated the Commission on the status and residential activity of current developments and action that will be required for several pending subdivision proposals. Chairman Toombs recessed the Regular Planning Commission Meeting and opened the scheduled Board of Appeals and Adjustments to conduct a public hearing. City Planner Wozniak had in his possession Affidavits of Publication and Posted Mailed Hearing Notice for a request for variance to minimum rear yard setback. Mr. James Mersch was present to request a ten -foot variance to rear yard setback to allow the construction of a deck on his, home currently under construction on Lot 3, Block 10, Valley Oak Addition Replat (15654 Cornell Court South). The home is at the 25 -foot rear yard setback without the deck. Robert Rhodes, 15648 Cornell Trail, was present in the audience and stated he felt that to allow the deck would not be appropriate in that it would create a separation of only 20 feet between the elevated deck and future home construction on the abutting property. Also, the homeowner chose to build this particular style home on this property with the knowledge that to allow the deck would require a variance. City Planner Wozniak informed the Board that, in review of the petitioner's request, staff was not able to justify the granting of the variance as they were unable to identify any hardship associated with the property which is one of the required findings for granting of variances. There were no other persons present for comment. Chairman Toombs closed the public hearing. MOTION by Huntington to deny the variance as requested by James Mersch because no hardship of the property has been identified. Second by Meyer. Ayes 5, Nays 0. Chairman Toombs closed the Board of Appeals and Adjustments and reconvened the Planning Commission Meeting. MOTION by Toombs to adjourn. Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:30 p.m. Respectfully submitted, Donna Quintus Recording Secretary See Planner's File 1988 -14 i ay 4 d1 osen4oun1 2875 N ROSEMOUNT, MINt_ REGULAR MEETING MINUTES AUGUST 2, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on August 2, 1988 at 5:00 p.m. Acting Chairman Huntington called the meeting to order with members Hathaway, Meyer and Jacobson present. Also present was Michael Wozniak, City Planner, and Dean Johnson, Director of Community Development. MOTION by Jacobson to approve the July 19, 1988 Regular Meeting Minutes as printed. Second by Meyer. Ayes 4, Nays 0. Bituminous Roadways, Inc. has expressed their interest in mining approximately 75 acres of property located north of CSAH 42 and east of TH 52. City Planner Wozniak explained that the total acreage consists of two parcels: a 35 -acre parcel owned by Richard Cordes, zoned Agriculture, and a 40 -acre parcel owned by Otto Ped, zoned Agriculture Preserve. Wozniak further explained that, while the city could consider the Cordes property for a mining operation, Minnesota State Statute Chapter 473H Metropolitan Agriculture Preserves Act restricts use of property in AG Preserves to agriculture related activities, and, in turn, offers the property owner a tax break for as long as the property is in the Ag Preserve program. Staff has suggested that Mr. Ped could apply for a grading permit to remove a knoll on his property to be consistent with state statute which does allow improvement of property for agricultural purposes. However, this permit would not be considered continuous and would require completion and restoration to be achieved within one year of permit issuance. Grading and restoration plan details would also be required for authorization of a grading /excavation permit. The Ag Preserve status of Mr. Ped's property expires in January, 1990 and could, under current ordinance, be considered for mining activities at that time although the proposed ordinance does restrict mining activities to the General Industrial District. MOTION by Jacobson to define and clarify that sand and gravel mining is not a permitted use in the Agriculture Preserve District. Second by Meyer. Ayes 4, Nays 0. Discussion was held on Section 7 of the proposed zoning ordinance regarding aesthetic treatment of buildings. This section describes the general criteria for aesthetically acceptable materials and design treatment for structures and additions to existing structures. The Commission was in agreement that the addition to Section 7 regarding aesthetics remain in the proposed ordinance; and, further recommended that this aesthetic portion be adopted into the present ordinance if the proposed ordinance cannot be adopted by September, 1988. James McCoy, 12520 Blanca Avenue (Lot 14, Block 3, Oakwood Estates) and Dale Leidner, 12490 Blanca Avenue (Lot 12, Block 3, Oakwood Estates) have requested an equal division of Lot 13, Block 3, Oakwood Estates and a permanent combination of each half of lot 13 to their existing lots. If approved the applicants will purchase the undeveloped lot from Donald Christensen thereby enlarging their residential lots and causing the unbuildable status of lot 13. This subdivision consists of lots of record of less than 2 -1/2 acres requiring private septic systems. Because a division of this lot would preclude a residence from being constructed, thereby contributing to the prevention of any potential septic problems in the area, staff recommends approval of the request. Regular Planning Commission Meeting Minutes August 2, 1988 Page Two MOTION by Huntington to approve a lot division /combination as requested subject to a S Certificate of Survey describing the resulting parcels and, further, subject to executed lot combination agreements by the owners. Second by Hathaway. Ayes 4, Nays 0. Upon the arrival of Palmer Peterson, Bituminous Roadways, Inc., a brief summary of earlier action by the Planning Commission regarding the interpretation of allowing sand and gravel in the Ag Preserve District was provided. City Planner Wozniak advised that an excavation /grading permit could be considered for the Ped property should complete restoration be accomplished within the season and provided documented evidence establishes improvement of property for agricultural purposes. City Planner Wozniak introduced a revised concept plan for rental housing on approximately 16 acres located south and east of Shannon Park Townhouses. William Jacobson Associates originally submitted a concept plan which had included a combination of garden style apartments concentrating on the Vo -Tech student market and four plexes. The revised concept includes the original five acres south of the existing townhouses which would be comprised of a mixture of townhouses and four plexes aimed at the middle to upper rental market and 11 acres east of these townhouses for future rental housing. Discussion included future street corridors, off street parking requirements, density, building configuration, green area and recreational park requirements. Community Development Director Dean Johnson advised that the proposed use of this site is compatible with surrounding property uses and meets minimum ordinance requirements. The Commission questioned what criteria or studies were followed in assessing needs for recreational /park area for developments of this type. MOTION by Jacobson to invite the Park and Recreation Committee or a representative of said department to discuss with the Commission, in general, the criteria for evaluation of the needs for the neighborhood of this proposed development. Second by Meyer. Ayes 4, Nays 0. MOTION Huntington to adjourn. Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:00 p.m. Res eectfully sus itted, Donna Quintus Recording Secretary See Planner' File 1988 -15 it O 2875 145 �SernOUn� ROSEMOUN Ni!NPdr .t 0 4111. Planning Commission Regular Meeting Minutes August 16, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on August 16, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington, Meyer and Jacobson present. Also present was Michael Wozniak, City Planner, and Dean Johnson, Director of Community Development. MOTION by Jacobson to approve the August 2, 1988 Regular Meeting Minutes as printed. Second by Meyer. Ayes 5, Nays 0. Items added to the agenda: Sb.) Jay Wicker Pole Building Permit Request; and 5c.) Orrin Thompson Park Preserve. City Planner Wozniak informed the Commission that the Minnesota Chapter of the American Planning Association (APA) is hosting the Upper Midwest Regional Planning Conference on September 14 -17 at the Holiday Inn Downtown Minneapolis. Community Development Director Dean Johnson announced that a separate registration fee for a pre- conference workshop on held September 14 (Wednesday only) will focus on site plan design and approaches to subdivision and project review is also available and recommended this session for those who are unable to attend the full conference. The Planning Commission decision to deny a permit for a building addition to Greif Bros. Corporation was upheld in an appeal to City Council. Denial of the building permit was based on the applicant's lack of any proposed exterior aesthetic treatment or attempt to match the existing structure of a proposed all metal addition. As a result of this action Greif Bros. Corporation has revised their request and submitted two concepts for aesthetic design of the 15,000 square foot addition, both of_kich incorporate the use of two types of metal siding combined with face brick in columnar fashion. Jack Flag, representative for Greif Bros. Corporation, informed the Commission of the company's preference for Concept Two; however, they are proposing a slight modification which would eliminate the two columns of brick on the rear of the addition. Mr. Flag stated that the company is willing to add the two columns of brick at the time of development of the property to the south of the structure. MOTION by Huntington to approve Concept Two and the issuance of a building permit for the addition to Greif Bros. Corporation, including the modification which eliminates two columns of brick to the rear of the building; further, stipulating that at the time of development of abutting property to the south, the proposed original design of Concept Two will be adhered to and two columns of face brick will be constructed on the south wall of the addition. Second by Hathaway. Ayes 5, Nays 0. William Jacobson was present to discuss his proposal and obtain concept approval for 32 townhouse units to be known as Limerick Way Townhouses on a 2.75 -acre site immediately south of the Shannon Park Townhouses. At the previous Commission meeting discussion focused on the need for additional recreational park area or green space for the multiple family concept proposal which ultimately is proposed to encompass the entire area bordered by Dodd Boulevard to the south, 145th Street to the north, Shannon Parkway to the west and existing multi family and apartment complexes to the east. Mr. Jacobson addressed Planning Commission concerns in a general overview of his long range development concept for the total area. He suggested that he is agreeable to upgrading of the trail system to improve access to two existing city parks and an existing community park, a dedication of land to the city for a public park or a private park area if the city has no interest in more public land in this area and, also, a reduction in density with each phase of development which would increase green space area. Regular Planning Commission Meeting August 16, 1988 Page Two Wozniak informed the Commission that, in respect to the issue of park dedication, the Park and Recreation Committee has invited the Planning Commission to their September 19, 1988 meeting at 6:30 p.m. to discuss park needs for the neighborhood in question. Community Development Director Dean Johnson advised that the Commission has been requested to act specifically on the concept of multi family on this 2.75 -acre site with regard to a submitted sketch plan that shows that adequate setbacks, parking area, open space and other minimum ordinance requirements can be maintained. The Commission must also find that this concept proposal is consistent with the comprehensive guide plan. Details such as street alignment, access, utilities, landscaping, berming, screening, environmental impacts and park dedication issues are reviewed when a preliminary plat is submitted and then distributed to several departments for their formal review. An evaluation of these comments is then analyzed by community development staff and ultimately become a part of their recommendation to the Commission for approval or disapproval. Many times approval is subject to certain conditions that must be met by the developer before final approval can be acquired. MOTION by Huntington to approve the concept for 32 townhouse units as requested by Wm. Jacobson Associates, finding that this proposal is consistent with the Rosemount Comprehensive Guide Plan. Second by Hathaway. Further discussion was held wherein Commissioner Jacobson stated he felt that adequate time had not been given for a thorough review of the submitted sketch plan, indicating his desire for input and discussion from the Park and Recreation Committee and more details on their evaluation process in determining the need for recreational park area in multiple family subdivisions. A vote on the Motion was called. Ayes: Hathaway, Huntington, Toombs. Nays: Meyer, Jacobson. Motion carried. Upon Council approval of the CSAH 42 right -in access as requested by Haven Enterprises for the proposed Rosehaven Mali, an 'additional 15 feet of right -of -way` has been required by the County. This has resulted in the relocation of approximately 33 parking spaces. A revised site plan has been submitted which reflects no loss of parking spaces. MOTION by Jacobson to approve the revised preliminary plat /concept PUD for Rosehaven Mall. Second by Huntington. Ayes 5, Nays 0. Mr. John Houston, Great Stock Corporation, was present to request final plat approval and rezoning of the proposed Shannon Oaks subdivision. The 12 -lot subdivision located south of County Road 38 (125th Street West) consists of approximately 60 acres and is designated Rural Residential in the comprehensive guide plan. Staff has determined that the plat meets zoning and subdivision requirements of the Rural Residential District. MOTION by Huntington recommending to City Council approval of Shannon Oaks from AG Agriculture to RR Rural Residential and, further, recommend approval of Shannon Oaks final plat subject to rezoning and an executed development agreement. Second by Meyer. Ayes 5, Nays 0. Rosemount United Methodist Church representatives presented a site plan for a 7,000 square foot assembly area addition to the east side of the existing structure located at 14770 Canada Avenue. Adequate parking (97 spaces) has been provided at one space per three seats of the largest assembly area which meets minimum ordinance requirements. Should additional parking spaces be desired the site is large enough to accommodate more parking. Regular Planning Commission Meeting August 16, 1988 Page Three Discussion included the acknowledgement and appreciation of the aesthetic treatment of the addition which includes the use of brick, stucco and glass to match the existing structure which complies with past Planning Commission requirements for aesthetic treatment of additions. It was also noted that a possible agreement with the church and city may be reached regarding a proposal for improved access off Canada Avenue to the church and the abutting Camfield Park for the benefit of both. MOTION by Huntington to approve the site plan and proposed addition of Rosemount United Methodist Church as submitted. Second by Toombs. Ayes 5, Nays 0. Jay Wicker, 2142 120th Street West, has submitted a building permit application for a 40'x 64' pole building to be situated on his 12 -acre parcel for the purpose of storing agriculture equipment. Based upon past requirements of the Planning Commission for improved aesthetic treatment of oversized pole buildings on parcels less than 20 acres in the AG District, Mr. Wicker is proposing _a limited use of cedar and treated wood with windows on the west and south sides of the structure. City Planner Wozniak advised that an investigation of the site revealed that similar pole buildings do exist on abutting property an Inver Grove Heights subdivision. Wozniak also noted that adequate screening exists with minimum to nonexistent sight impact from public roads. Based on these findings, and the fact that approximately five of the 12 acres is presently engaged in agricultural activity, staff is recommending approval of this request. MOTION by Huntington to approve the building permit for a 40'x 64' pole building structure as submitted by Jay Wicker. Second by Toombs. Ayes 5, Nays 0. Commissioner Jacobson advised that in his visits to model homes in the Orrin Thompson subdivision he was informed by sales personnel that several areas of the Country Hills subdivision are <designated by the City of Rosemount as "park preserves" or "natural areas." Community Development Director Dean Johnson noted that there are areas in the subdivision that were required by the city for storm water. These storm water "holding ponds" are recorded as easements which have limited access for general upkeep. Staff will contact Lee Johnson, U.S. Homes /Orrin Thompson Div., to clear up any misunderstanding that may have occurred between the City and developer as to the designation `of these holding ponds. MOTION by Huntington to adjourn. Second by Toombs. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:00 p.m. Respectfully submitted, 0/4. 141/ Donna Quintu Recording Secretary See Planner's File 1988 -16. 13C X ,10 g? et,of osernouni 14 f r ROSEMOUNT, MIN t. 614111 Planning Commission Regular Meeting Minutes September 6, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on September 6, 1988 at 5:00 p.m. Acting Chairman Huntington called the meeting to order with members Hathaway, Meyer and Jacobson present. Also present was City Planner Michael Wozniak and Community Development Director Dean Johnson. MOTION by Jacobson to approve the August 16, 1988 Regular Meeting Minutes as printed. Second by Meyer. Ayes 4, Nays 0. Commissioner Jacobson added the following items to the agenda: 3b.) Safety of Pathways and Trails for Rosemount Pedestrians and Bikers; and 4a.) Orrin Thompson Development Outlot Status. City Planner Wozniak presented an overall concept plan for the balance of property on behalf of William Jacobson Associates for a rental housing project proposed for the 16- acre parcel bordered by Dodd Boulevard, 145th Street West and Shannon Parkway. In response to Planning Commission concern for adequate park area for this multi family development Mr. Jacobson is proposing a 1.25+ acre private park located generally in the center of the proposed project. Wozniak informed the Commission that the concept plan includes a potential site for a future fire hall /utility building should the City choose to pursue acquisition of this site in the future. Wozniak stated further that the concept plan shows a reduced density which is well within allowable limits of ordinance requirements. A joint meeting of the Park and Recreation Committee and Planning Commission will be held on Monday, September 19, 1988 to discuss park dedication and needs for the multi- family development as proposed by William Jacobson Associates. Wozniak will verify the time and include in Commission packets park dedication information as requested by the Planning Commission. Commissioner Jacobson questioned what methods the City currently uses in reviewing concept proposals and preliminary plats. Specifically, his interest was if there was an individual considered a safety expert that addresses safety issues of pathways and trails within a proposed development. Wozniak stated that presently the Community Development Department works with a potential developer in the design of a concept plan. After Community Development staff has determined that the overall concept is consistent with the comprehensive guide plan regarding property use and meets minimum ordinance requirements a meeting with department heads is held. At this meeting utility, grading, access, park dedication, trails and pathway needs, fire department review and safety issues are discussed. These requirements are then given to the developer for incorporation into a preliminary plat. Wozniak listed the various city departments and county agencies, including Planning Commission, to which the preliminary plat is distributed for formal review and comment. Council then holds a public hearing where property owners surrounding the proposed plat are personally notified by mail at which time they are invited to comment on the proposal. It is after this that a final plat is presented for final approval. City Planner Wozniak stated he is in the initial stages of preparing a formal procedure for plat review that would require a document be signed off by the various departments for each proposed plat. MOTION by Jacobson recommending to City Council that they provide resources to study ways to formalize review of public improvements for safety, particularly pedestrian and bicycle pathways. Second by Meyer. Regular Planning Commission Meeting September 6, 1988 Page Two Commissioner Huntington stated that he felt that as long as a process is being developed by existing staff for a formal way of "signing off" on plats by the various review agencies a recommendation for a separate responsible safety expert may be premature in that it would require additional funds for another department within the city structure. He suggested it would be more feasible that an update at a future meeting be given on the establishment and success of the "sign off" process as proposed by Community Development staff. Commissioner Huntington stated he felt that professional and adequate staff is already inplace in the city that are accountable for safety issues on pedestrian and bike trails and pathways. He further suggested that specific problem areas that may not have been foreseen at the time of plat review should be addressed when these concerns arise. Vote on the MOTION. Ayes: Hathaway, Meyer, Jacobson. Nays: Huntington. Motion carried. Commissioner Jacobson questioned who holds title to property that is designated as easements, ponding areas and outlots in the Orrin Thompson development as well as other subdivisions. His concern is that if the City does, in fact, hold title to these outlots and ponding easements are they not liable for this property. He questioned further whether public easements are provided to these parcels or are they landlocked which would imply that the City is the owner of private parks. Community Development Director Dean Johnson stated that ponding, utility, drainage, highway and street easements are much needed and necessary and are for those uses only Outlots are usually attained by the City by plat requirement or private parties that have defaulted on their taxes. Liability by the City for outlots and easements is the same. Public easements for access are required and provided for on all City owned outlots and easements, however they are not developed for public use A public easement is provided for the outlot in question in Country Hills Second Addition when Country Hills Third Addition is platted. City Planner Wozniak reviewed with the Commission proposed amendments to the zoning and subdivision ordinance. A zoning ordinance amendment regarding building materials and aesthetics for all districts, specifically in commercial and industrial districts, is based on the concern of the Planning Commission for the necessity to incorporate aesthetic requirements in the existing ordinance. This amendment provides guidelines for aesthetic requirements and restrictions for all districts, including accessory buildings in residential areas and all agriculture districts of parcels less than 20 acres. MOTION by Jacobson to recommend approval of the zoning ordinance amendment which provides for the addition of Section 23 SUPPLEMENTARY REGULATIONS. Second by Hathaway. Ayes 4, Nays 0. Wozniak stated that the proposed zoning ordinance amendment to Section 1, Subdivision 1.3 basically encompasses definitions being added defining various uses of convenience store /gasoline station, self service; gasoline station, self service; and carwash, accessory. The key amendment would be the addition in Section 7.2.1 where the addition of convenience store /gasoline station, self service would be added as a permitted use in the C -1 Neighborhood Commercial District with site development criteria and subject to other existing ordinance requirements. Commissioner Jacobson stated his opposition to the allowing of convenience store /gasoline station, self service in neighborhood commercial districts stating he felt it was inappropriate to allow uses that would contribute to traffic congestion in and near residential areas and to allow pumping of gas near residential homes. Regular Planning Commission Meeting September 6, 1988 Page Three S MOTION by Jacobson to recommend approval of the addition of definitions for CONVENIENCE STORE /GASOLINE STATION, SELF SERVICE; GASOLINE STATION, SELF SERVICE; and CARWASH, ACCESSORY to Section 1, Subdivision 1.3 of the zoning ordinance. Second by Meyer. Ayes 4, Nays 0. City Planner Wozniak stated that market conditions are such that, for the most part, all new proposed convenience shopping facilities today include self- service gasoline facilities and, therefore, staff has recognized this use as being a logical addition to neighborhood commercial districts. Whether or not the existing Tom Thumb property located on 145th Street and Dodd Boulevard can meet the site development criteria has not been determined as no site plan has been submitted as yet. MOTION by Huntington to recommend approval of an ordinance amendment to Section 7, Subdivision 7.2.1 which provides for the addition of CONVENIENCE STORE /GASOLINE STATION, SELF SERVICE as an allowed use in the C -1 Neighborhood Commercial District. Second by Hathaway. Ayes: Hathaway, Huntington. Nays: Meyer, Jacobson. Motion .defeated. Commissioner Huntington requested this item be included on the next agenda for further discussion and action. Wozniak reviewed the subdivision ordinance amendment which provides a new definition for "Subdivision" that brings our present ordinance into compliance with authority allowed by Minnesota State Statute, referring specifically to the city's ability to regulate large subdivisions of property which do not involve public improvements. This change also affects requirements for park dedication for pedestrian ways and trails, however, park dedication formulas and requirements for residential, commercial and industrial districts currently used by the city are not affected. MOTION by Huntington to recommend approval of the proposed amendment to Subdivision Ordinance XVII.4 to comply with state statute. Second by Hathaway. Ayes 4, Nays 0. MOTION by Jacobson to adjourn. Second by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7 :00 p.m. Res ectfully submitted, Donna Quintus Recording Secretary See Planner's File 1988 -17. P.O. BOX 510 2875 -145TH ST. W osernouni ROSEMOUNT, MINNESOTA X 510 612- 423 -441 1 ety 1 Planning Commission REGULAR MEETING MINUTES SEPTEMBER 20, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on September 20, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington and Meyer present. Also present was Michael Wozniak, City Planner, and Community Development Director Dean Johnson. MOTION by Huntington to approve the September 6, 1988 Regular Meeting Minutes as printed. Second by Meyer. Ayes 4, Nays 0. At the request of Commissioner Huntington, discussion of the zoning ordinance amendment to allow combination convenience store /gas station, self service was reopened. MOTION by Huntington to approve the amendment to Section 1, Subdivision 1.3, Section 7.2.1 of the ordinance to include the addition of convenience store /gasoline station, self service as a permitted use in C -1 Neighborhood Commercial Districts. Second by Hathaway. Ayes: Hathaway, Huntington, Toombs. Nays: Meyer. Motion carried. City Planner Wozniak reminded the Commission of their approval of a grading permit in April of this year to M.G. Astleford for the grading /excavation of sand and gravel on an 18 -acre site at the intersection of TH 55 and the new CR 42. Stipulations for the grading /excavation permit issuance were based on the permit being seasonal and limited to the CR 42 improvement project with total restoration of the site by fall, 1988. Commissioner Jacobson took his chair at 5:03 p.m. A representative for M.G. Astleford (Pine Bend Dev. Co.), explained to the Commission that specifications for Class 5 material for the CR 42 improvement project could not be met with the material excavated on the subject site. However, enough Class 3 material had been excavated which could be sold off for other projects which, when sold, would allow complete restoration of the site as agreed to when the grading /excavation permit was approved. Due to this fact, a two -year extension of the permit is sought to allow the sale of this excess material. No further materials will be mined from this site. City Planner Wozniak stated that staff concern was for a precedent being set for similar future requests. He also noted that anything longer than project oriented (seasonal) requests should be considered mining rather than grading /excavation. Because of restrictions by the City to remove the excess material to achieve the approved grading plan staff recommends further study of the request is needed by both staff and Planning Commission to consider the ramifications of allowing the approval of a long -term grading /excavation permit. MOTION by Huntington to table action on the request from M.G. Astleford for a two year extension of a grading /excavation permit until the next Regular Planning Commission Meeting and directed staff to notify neighboring property owners of this request to allow their comment. Second by Toombs. Ayes 5, Nays 0. Wozniak presented a survey and legal description for two 10 -acre divisions of property from a 77 -acre parcel as requested on behalf of the Matilda Swanson Estate. Minimum requirements of 300' of frontage on a public road (Akron Avenue) and a density of one home per ten acres in an AG Agriculture District have been met. -410 Oe ,.,-.__.,Regular Meeting Minutes September 20, 1988 Page Two MOTION by Huntington to approve the metes and bounds division of property as requested, subject to the dedication of seventeen (17) feet additional right -of -way along Akron Avenue. Second by Meyer. Ayes 5, Nays 0. City Planner Wozniak deleted Agenda Item 5c. until terms and conditions of the development agreement for O'Leary's Hills 4th Addition final plat can be met by the developer. MOTION by Huntington to table action on O'Leary's Hills 4th Addition final plat and rezoning. Second by Meyer. Ayes 5, Nays 0. The Commission reviewed the preliminary plat for Limerick Way, a 32 -unit townhouse development on a 2.75 -acre site south of Shannon Park townhouses. City Planner Wozniak stated that consideration for the rezoning of this parcel from AG Agriculture to RM- Multiple Residential should also be addressed at this meeting. It was noted that the preliminary plat and rezoning are consistent with the comprehensive guide plan and minimum ordinance requirements for multiple family districts. The Park and Recreation Committee has recommended accepting cash in lieu of land dedication; however, the 1.5 -acre open space area as proposed on the concept plan should be required as the property east of this proposal is developed. The Committee's preference is for private ownership, however land dedication would be accepted. Commissioner Jacobson expressed his appreciation to the Park and Recreation Committee, City Administrator Stephan Jilk and staff for their contribution toward a successful and informative Planning Commission /Park and Recreation Committee joint meeting which had been held the previous evening. Jacobson stated his opposition to the Limerick Way preliminary plat is based on the comprehensive guide plan's referral to special consideration for high density residential defined as six or more units per acre. The Limerick Way plat has 11 units per acre as proposed. The lack of an adjacent park area to this development is in conflict with the comprehensive guide plan. He also sited his concern for on -site parking accommodations because of problems in the first phase (Shannon Park Townhouses). Although minimum ordinance requirements for a 30' foot setback from Shannon Parkway, Commissioner Jacobson questioned whether this is adequate for multiple family developments stating he felt extraordinary setbacks from major roads should be required as specified in the comprehensive guide plan. City Planner Wozniak apprised the Commission that site plan review will be deferred to a subsequent meeting in order to allow police and fire department comment. He noted that realignment of parking spaces will be addressed at the time of site plan review. MOTION by Huntington to recommend to City Council approval of the Limerick Way preliminary plat and rezoning to RM- Multiple Family Residential. Second by Hathaway. Ayes: Hathaway, Huntington, Toombs. Nays: Meyer, Jacobson. Motion carried. At the request of the applicant, site plan review for Rosegarden Apartments was withdrawn from the agenda. MOTION by Huntington to adjourn. Second by Toombs. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 5:50 p.m. Res ectfully submitted, a Donna Quintus Recording Secretary 1 P.O. BOX 510 eqb city of 2875 -145TH ST. W. g?osemouni ROSEMOUNT. MINNESOTA 55068 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES OCTOBER 4, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on October 4, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington and Jacobson present. Also present was Michael Wozniak, City Planner, and Community Development Director Dean Johnson. Commissioner Jacobson requested item added to the agenda: 3c.) University of Minnesota Property Management. MOTION by Huntington to approve the September 20, 1988 Regular Meeting Minutes as amended. Second by Toombs. Ayes 4, Nays 0. City Planner Wozniak stated that staff has received a proposal to develop an electricity generating power plant on a site located in eastern Rosemount bordering TH55. An informational video presentation was given by Brad Chatlosh and Lori Orser, representatives of Oxbow Corporation, working in joint enterprise with Biosyn Chemical Corporation on the proposed project which includes a carbon dioxide recovery and processing plant to be constructed adjacent to the electric generation facility. Mr. Chatlosh and Ms. Orser discussed briefly with the Commission the functions of the proposed facility and the potential to sell approximately 50 megawatts of the generated electric power to NSP and the production of nearly 50 tons of food -grade liquid carbon dioxide per year. City Planner Wozniak informed the Commission that application for State of Minnesota permits and an EAW (Environmental Assessment Worksheet) have been initiated by the corporations. Staff has determined there are no zoning issues with the selected site. State and federal regulatory requirements for this project must be met in addition to Planning Commission site plan review upon formal application submittal. Herb Wensmann, developer, has informed staff of his interest in proceeding with the next phase of Wensmann Additions. A comprehensive guide plan amendment is necessary to include the additional acreage in the MUSA (Metro Urban Service Area). Wozniak advised the Commission that, at the time of the city's most recent comprehensive guide plan amendment, Met Council rescinded their 1986 decision to allow the City of Rosemount to use a "land banking" system of undesignated MUSA acreage. Met Council directed the City of Rosemount to designate their remaining 340 MUSA acreage prior to any further requests for comprehensive guide plan amendments. MOTION by Huntington recommending city staff meet with Metropolitan Council staff for further discussion and negotiation to allow the City of Rosemount to continue using the "land banking" system of undesignated MUSA acreage in that it allows more diverse opportunity for development and control of inflated land prices; and, further, recommended this be accomplished prior to pursuing the amendment for Wensmann Additions. Second by Jacobson. Ayes 4, Nays 0. Commissioner Jacobson asked for discussion of the direction the University of Minnesota is taking regarding land use of their property located in the City of Rosemount. Due to recent University of Minnesota board actions and decisions regarding prospective uses of these properties for various reasons which he feels are for purposes other than their mission, that being educational in nature, Commissioner Jacobson suggested that the Planning Commission as well as City Council should make their position on this subject known. Regular Planning Commission Meeting Minutes October 4, 1988 Page Two MOTION by Jacobson: Whereas, the University of Minnesota land holdings in Rosemount are valued for development; and Whereas, the University of Minnesota appears to be privately developing or using portions of these land holdings for purposes other than those connected to the University of Minnesota's mission of education and research. It Is Therefore Resolved, that the Planning Commission recommends to the City Council that the University of Minnesota be contacted and requested to cease and desist all non mission connected development and use of such land portions of University land holdings in Rosemount; and, Furthermore, be encouraged to declare such land portions as surplus and put on public market as soon as possible. A Point of Order was called by Commissioner Jacobson that the motion on the floor be seconded before discussion resumed. Second by Huntington. Community Development Director Johnson stated reservation in commenting on the motion before the floor without benefit of discussion with other city staff and council members as to their direction in declaring a formal posture on the University property /land use issue. Director Johnson suggested that staff, council and commissions endeavor to reach agreement to present to the University a unified reinforcement of land use issues in a positive manner and encourage the University to examine their land use plan and re- evaluate their goals and objectives for University property located in the City of Rosemount. The Motion and Second were withdrawn. MOTION by Huntington to defer action on the issue of University of Minnesota property management until further study and research can be examined for staff comment on the Planning Commission position in negotiating with the University of Minnesota on city involvement in University of Minnesota property land use issues. Second by Toombs. Ayes 4, Nays 0: Wozniak informed the Commission that Pine Bend Development Co. has requested their application for extension of their grading /excavation permit be withdrawn from this meeting's agenda to allow further discussion and negotiation with city staff regarding conditions for permit extension. However, due to the Commission's request to inform surrounding property owners of potential action on permit extension for the site in question, comments were taken from those present in the audience. The owner of A -1 Concrete Co. and Cyril Schmitz, 14050 Courthouse Boulevard, agreed they had no problems in allowing the extension of the permit and expressed their preference for the removal of the excess material and complete site restoration. Fran Davies, Bituminous Materials, Inc., was in attendance representing his company's application for a sand and gravel mining permit on an 80 -acre parcel located along TH55 immediately south of Solberg Aggregate. Minnesota State Statute requires an Environmental Assessment Worksheet (EAW) be prepared for all mining proposals over 40 acres. The site is zoned Agriculture and mining is a permitted use in the AG District. MOTION by Huntington to recommend authorization for the distribution of the Bituminous Materials, Inc. EAW for formal 30 -day review and comment period. Second by Toombs. Ayes 4, Nays 0. Regular Planning Commission Meeting Minutes October 4, 1988 Page Three Art Niebuhr, Dixie Chemical, was present to request site plan approval for a chlorine packaging plant located on a 30 -acre site between Pine Bend Trail and TH55. The proposed 40,000 sq. ft. facility will be constructed of precast concrete panels. Staff is satisfied with the proposed aesthetic treatment of the structure. City Planner Wozniak stated that the site plan meets all minimum ordinance requirements for the Industrial Park District with the exception of parking. The 32 parking spaces provided plus a large truck maneuvering area provide ample parking for this facility which will be operated by approximately 20 employees. Staff has determined that the site could accommodate the 134 parking spaces that are required for this district, however, creating extensive impervious surface on the property could be detrimental. The site plan also does not include a landscaping plan. The applicant has stated that additional parking will be provided should they be required in the future and landscaping plans will meet minimum requirements. MOTION by Jacobson to table the issue until the October 18th Regular Meeting to allow the opportunity to obtain the information relative to the Super Fund Amendment Reauthorization Act of 1986, relative to Sections 311, 312 and 313 as far as presenting reports that are now on file in the federal government for facilities that are similar to those being proposed here in Rosemount, thus addressing the Rosemount community's right to know, in a realistic way, as to what we are prospectively going to have here in our community; and, further, during the period of deferral of action on this issue, that staff meet with the applicant and discuss a landscape plan. Motion died due to lack of a Second. Mr. Niebuhr offered that, for a better understanding by the Planning Commission in their assessment of potential environmental impacts, the report required by the U.S. Super Fund Amendment Reauthorization Act is available to the public. Sections 311, 312 and 313 of this document address environmental issues. MOTION by Huntington to approve the Dixie Chemical site plan as submitted subject to staff approval of the landscaping plan. Second by Hathaway. Ayes 4, Nays 0. Gary Thorson and Leo Lund, owners and developers for a 6.85 -acre parcel of land located at the northwest corner of TH3 and CR42, presented a sketch plan for a commercial subdivision which would provide a one -acre lot for a Hardee's Restaurant and a 50,000 sq. ft. retail center on the remainder of the property. Chris Colby, architect, presented a brief summary of the concept plan and asked for comments and suggestions on how they might proceed in the development of this site. Discussion included the comprehensive guide plan designation for this site, present zoning, access, berming and impacts on abutting residential property. MOTION by Huntington to approve the concept plan as submitted by Gary Thorson and Leo Lund subject to an acceptable access plan, berming and abutting residential property owner input. Second by Toombs. Ayes 4, Nays 0. MOTION by Huntington to adjourn. Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:55 p.m. Respectfully submitted, i fin Donna Quintus Recording Secretary e P .O. BOX 510 ty 2875 145TH ST. W. g?osernouni ROSEMOUNT MINNESOTA 55068 612- 423 4411 Planning Commission REGULAR MEETING MINUTES OCTOBER 18, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on October 18, 1988 at 5:00 p.m. Acting Chairman Huntington called the meeting to order with members Hathaway, Meyer and Jacobson present. Also present was Michael Wozniak, City Planner, and Community Development Director Dean Johnson. MOTION by Jacobson to approve the October 4, 1988 Regular Meeting Minutes as printed. Second by Hathaway. Ayes 4, Nays 0. The following items were added to the agenda: 3a.) Armory Site Rosemount Comprehensive Guide Plan Compatibility; and 3b.) University of Minnesota Property Management. City Planner Wozniak informed the Commission that the proposed site for the armory, located west of Highway 3 and contiguous with the Rosemount High School and Schwarz Pond Park properties, is currently zoned AG Agriculture. Johnson offered that the function of the armory site, as a public use, is consistent with the ordinance which allows public uses in all districts. Johnson further stated the proposed armory site is compatible with contiguous properties which are public and institutional. MOTION by Hathaway to recognize that the proposed armory site is an appropriate use of the property acknowledging compatibility with surrounding property uses and consistency with the Rosemount Comprehensive Guide Plan. Second by Meyer. Ayes 4, Nays 0. Commissioner Jacobson requested further discussion of the management of University of Minnesota properties located in Rosemount to reiterate his concern for the use of U of M properties relative to land presumably regarded as surplus land and leased to outside entities for purposes other than those related to education. He expressed his desire for action by the City of Rosemount to formally encourage the University of Minnesota to divest of these surplus properties and put them on public market. He stated further his encouragement to City Council to embark in a joint venture with adjacent municipalities in investing in the services of a professional lobby group to negotiate with U of M officials in the interest of the cities involved. City Planner Wozniak reviewed with the Commission a revised Limerick Way site plan and landscaping plan noting that considerable improvements in aesthetics, parking, berming, landscaping and increased setbacks from Shannon Parkway. He stated further the developer has made a substantial effort to provide identity and character to this development as suggested by the Council and Planning Commission. Bill Jacobson, developer, was present and discussed aesthetic details with the Commission. Mr. Jacobson noted that he is currently working with Rich Hefti, City Engineer, to incorporate minor changes in utility layout and parking alignment. Commissioner Jacobson restated his previous request that a formal sign -off process be initiated with a signature sheet verifying site plan review by various department heads. MOTION by Huntington recommending to City Council approval of the Limerick Way site plan subject to submittal of a revised grading and utility plan to be approved by the city engineer. Second by Hathaway. Ayes 4, Nays 0. Regular Planning Commission Meeting Minutes October 18, 1988 Page Two MOTION by Huntington recommending to City Council approval of the Limerick Way final plat. Second by Hathaway. Ayes 4, Nays 0. Marty Timmens, representative for Pine Bend Development Co., was present to discuss their request for an extension of a grading permit for an 18 -acre site located at the intersection of CR42 and TH55. Mr. Timmens commented that 50,000 cubic yards of gravel remain on site that did not meet minimum specifications for the CR42 project. Wozniak reviewed with the Commission staff recommendations which would necessitate an agreement contract drafted by the city attorney outlining the following conditions for the grading /excavation permit extension request: 1) permit extension through July 1, 1989, a specific deadline to ensure removal of stockpiles and site restoration; 2) a restraint prohibiting additional excavation of sand and gravel; 3) a regulation preventing storage of material or use of crushing machinery on site; 4) erosion and sediment controls as recommended by the city engineer; and 5) a $50,000 letter of credit to be approved by the city administrator. Wozniak reminded the Commission that the original approval of a grading /excavation permit in lieu of a mining permit, which has more stringent requirements, was based on the request being project oriented and seasonal with assurance by the applicant that restoration of the site would be completed by fall, 1988. Wozniak advised that conditions recommended by staff for the extension of the existing permit is based on Pine Bend Development Co.'s failure to meet the terms of the original agreement with the City. The $50,000 letter of credit, recommended by the city attorney, will guarantee site restoration within the contracted time allotment. Representatives for Pine Bend Development Co. suggested a $50,000 letter of credit is excessive and informed the Commission that a deadline of July, 1989 would not provide enough time to sell off the excess material. MOTION by Jacobson recommending approval of the grading permit extension as requested by Pine Bend Development Co. subject to staff recommendations with the exception that the $50,000 letter of credit be reduced to a $25,000 letter, of credit and the expiration date be extended from July, 1989 to September, 1989. Second by Huntington, Mr. Timmens restated that a letter of credit would represent a hardship for the company affecting their credit line which is necessary in the operation of their business. He offered that a $10,000 performance bond is more feasible and would be enough for site restoration. MOTION by Huntington to amend the original motion replacing the $25,000 letter of credit with a requirement for a $50,000 performance bond. Second by Jacobson. Ayes: Hathaway, Huntington, Jacobson. Nays: Meyer. Vote on the original motion: Ayes: Hathaway, Huntington, Jacobson. Nays: Meyer. Action on the request of Dr. Kurt Hansen regarding site plan review for expansion of his existing veterinary clinic located at 14670 South Robert Trail was tabled due to a recent development regarding Dr. Hansen's recent acquisition of abutting property. MOTION by Jacobson to table action on the request for site plan approval submitted by Dr. Kurt Hansen until the following meeting. Second by Huntington. Ayes 4, Nays 0. Regular Planning Commission Meeting Minutes October 18, 1988 Page Three Craig and July Siemers were present to request approval of a 40'x 60' sq. ft. accessory structure on a 10 -acre parcel, zoned AG Agriculture, on Akron Avenue. The oversized metal- sided, metal- roofed pole building will store three semi truck /trailers which the Siemers lease to other companies. Staff suggests that storage of these trucks for purposes other than personal use should be considered as a commercial trucking operation which is not a permitted use in the AG District. To consider this use as a home occupation would require that the Siemers own and operate their own truck. This proposal is complicated further in that, presently, there is no principal structure on the 10 -acre parcel. Mr. and Mrs. Siemers stated they plan to build their home on this property and will be submitting their application for their residence in the near future; however, presently they are storing these trucks in an R -1 Single Family Residential area with limited space and no provisions for protection of the vehicles. Wozniak advised that to approve the accessory structure, a building permit must be submitted and acquired prior to issuance of a permit for an accessory structure. MOTION by Meyer to deny the pole building permit request as submitted by Craig and Julie Siemers based on finding that the use is interpreted as a commercial use, rather than home occupation, which is not allowed in the AG Agriculture District. Second by Hathaway. Commission members stated that by ordinance they could not allow this use in the Agriculture District; however, the Commission expressed support of small business in the City of Rosemount and encouraged Mr. and Mrs. Siemers to continue discussion with city staff to research and explore possible alternatives. Vote on the MOTION: Ayes 4, Nays 0. MOTION, by Jacobson to adjourn. Second by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:54 p.m. Res .ectfully submitted, Donna Quintu Recording Secretary P.O. BOX 510 eity 2875 -145TH ST. W. osernount ROSEMOUNT, MINNESOTA X 510 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES NOVEMBER 1, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on November 1, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington, Meyer and Jacobson present. Also present was Michael Wozniak, City Planner, and Dean Johnson, Director of Community Development. Item added to the agenda: 3b.) Shamrock Animal Clinic Building Permit Request. MOTION by Huntington to approve the October 18, 1988 Regular Meeting Minutes as printed. Second by Meyer. Ayes 5, Nays 0. City Planner Wozniak provided an update on the status of the proposed commercial development of a 7 -acre site located at the northwest intersection of TH3 and CSAH42. Community Development staff has met with MnDOT and Dakota County officials regarding design standards and policies for access onto state and county highways. Comments from these agencies will be compiled and reviewed by staff and complied with upon a formal site plan proposal from the developer. It was also noted that abutting resident comment and input should be solicited at the time of preliminary plat review after staff and the Planning Commission have evaluated and addressed the two major issues of access and berm /landscape design. Dr. Kurt Hansen was in attendance to request building permit approval to construct an 8' x 10' entrance addition onto his animal clinic located at 14670 South Robert Trail. Dr. Hansen explained that he is currently working with the Rosemount HRA to develop his property as part of a downtown redevelopment project with a goal to construct a completely new animal hospital facility on this site. This temporary addition, which will match the existing structure, will serve as an interim client entrance /waiting area to allow his business to continue until the ultimate facility is constructed. MOTION by Huntington to approve the building permit as requested by Dr. Kurt Hansen subject to building code compliance and removal of the shed and garage presently on the property to provide additional on -site parking. Second by Hathaway. Ayes 5, Nays 0. The Commission briefly reviewed the Country Hills Third Addition final plat as submitted for approval by U.S. Home Corporation Inc. The 139 single family lot development is consistent with the approved Country Hills preliminary plat and planned unit development. Planner Wozniak noted that the plat meets minimum ordinance requirements excluding those waived by PUD agreement. MOTION by Huntington recommending to City Council approval of Country Hills Third Addition final plat subject to an executed Subdivision Development Contract. Second by Toombs. Ayes 5, Nays 0. Regular Planning Commission Meeting Minutes November 1, 1988 Page Two City Planner Wozniak informed the Commission that the previously approved sketch plan for a 63,000 sq. ft. enclosed mall (Rosehaven Mall) in South Rose Park Addition has been abandoned by the applicant, Haven Enterprises. Richard Dreher, Richard Dreher Assoc., was present to submit a new sketch plan for Rosemount Center to be located on the same site. The new design features a 40,000 sq. ft. strip center with two outlots for future development which would accommodate structures of 4,000 sq. ft. and 6,000 sq. ft. Mr. Dreher reviewed with the Commission the sketch plan noting that similar orientation of the main structure and access points have been retained from the original mall proposal, including the right -in access from CSAH42. Limited discussion included parking requirements, landscaping, aesthetics and access. These issues will be reviewed in detail upon formal submittal of a preliminary plat. City Planner Wozniak advised a new variance application must be submitted to the county right -in access for the new shopping center proposal. MOTION by Hathaway to recommend approval of the sketch plan as presented by Richard Dreher Assoc. Second by Huntington. Ayes 5, Nays 0. City Planner Wozniak informed the Commission the city has received a request from Dale Helwig for an interpretation from the Board of Adjustments and Appeals as to whether a 2.28 -acre lot located of "f CSAH42 and west of TH52 is a buildable lot. It was noted that the legality of this lot was discussed by the Commission in June of this year and a building permit was denied. MOTION by Huntington to schedule a public hearing as requested by Dale Helwig for November 15, 1988 at 6:00 p.m. Second by Hathaway. Ayes 5, Nays 0. The city is also in receipt of a request from U.S. Home Corporation for a variance to 30' yard setback for one side of a corner lot in Country Hills First Addition. MOTION by Huntington to schedule a public hearing for variance to yard setback requirements as requested by US. Home Corporation on November 15, 1988 to immediately follow the 6:00 scheduled hearing. Second by Toombs. Ayes 5, Nays 0. MOTION by Huntington to adjourn. Second by Toombs. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:25 p.m. Res ectfully submitted, Donna Quintus Recording Secretary P.O. BOX 510 0114 city of 2875 -145TH ST. W. o sernouni ROSEMOUNT, MINNESOTA 55068 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES NOVEMBER 15, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on November 15, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Huntington and Meyer present. Also present was Michael Wozniak, City Planner, and Dean Johnson, Director of Community Development. MOTION by Huntington to approve the November 1, 1988 Regular Meeting Minutes as printed. Second by Meyer. Ayes 3, Nays 0. The Commission reviewed a preliminary plat for approximately seven acres located on CR42 and west of TH52 currently consisting of three legal lots of record of which two of the existing lots average one acre in size and one lot of approximately five acres. Glenn Kassube, Gary Kassube and Rollie Sachs, property owners, wish to reconfigure property boundaries of the existing parcels which would result in an enlargement of the smaller parcels to approximately 1.8 acres and a reduction of the larger parcel to approximately 3.3 acres. Commissioner Jacobson took his chair at 5:03 p.m. City Planner Wozniak advised that the preliminary plat does not meet minimum zoning requirements for the Agriculture District in density (1 per 10 acres) or minimum frontage (300') on an existing road. Staff, however, has determined that the proposed subdivision may qualify for special consideration and recommends approval of the preliminary plat based upon the following circumstances unique to this request: 1) the enlargement of two undersized legal lots of record while only moderately reducing the larger parcel; 2) the three existing homes remain intact with no new proposed homesites; and 3) the property will retain current access to each parcel by a private road, thereby the city incurs no additional maintenance costs nor street construction. MOTION by Huntington to recommend approval of the Kassube preliminary plat as presented based upon the unique conditions and circumstances as sited by staff, Second by Toombs. Ayes 4, Nays 0. City Planner Michael Wozniak introduced Les Ike, Commercial Real Estate Developers of Edina, who has submitted a sketch plan for Rosegarden Apartments, a 48 -unit apartment complex consisting of two 24 -unit 3 -story buildings to be located on Lot 4, Block 3, South Rose Park Addition Replat. The 3.8 -acre lot is zoned RM Multiple Residential and is contiguous to the Rosemount Marine storage yard. Wozniak advised that the sketch plan, as submitted, meets ordinance requirements for density, parking and setbacks. In their review of the preliminary site plan staff has suggested the following: 1) relocation of the accessory garages to within ten feet of the north property line which would provide additional usable site area and open space, still maintaining minimum setback requirements; 2) a landscaping plan which conforms with standards in the proposed zoning ordinance; 3) the incorporation of a tot lot; and 4) a minimum of ten feet between buildings. S The Commission informed the developer that aesthetics are a key concern and recommended that details for exterior treatment of the structures, including alternatives, be included in the final site plan for review by the Commission. Regular Planning Commission Meeting November 15, 1988 Page Two MOTION by Toombs to approve the preliminary sketch plan for Rosegarden Apartments subject to staff recommendations, as noted above; and, further that final site plan approval will be required by the Commission upon submittal and review of a final detailed site plan. Second by Huntington. Ayes 4, Nays 0. Commissioner Jacobson informed the Commission of his attendance at a public hearing conducted by the Metropolitan Airport Task Force and reiterated his concern that the Rosemount site is a strong consideration by this group for a new metropolitan airport. He restated his recommendation to the Mayor and Council that the University of Minnesota be contacted and requested to disburse of all landholdings in Rosemount being used for purposes other than education; and, further recommended that a concerted effort be made toward the removal of the Rosemount site upon commencement of the new airport site selection process. Chairman Toombs recessed the Regular Planning Commission Meeting at 5:35 p.m. and opened the Board of Appeals and Adjustments at 6:00 p.m. to conduct two scheduled public hearings. City Planner Wozniak had in his possession Affidavits of Publication and Mailed and Posted Hearing Notice for the appeal of Dale Helwig of Planning Commission interpretation of the legality of the subdivision of his lot. Planner Wozniak reviewed with the Board previous action of the Planning Commission regarding the Helwig building permit request. In June, 1988 the Planning Commission ruled that the 228 -acre parcel, located in the Agriculture District north of CSAH42 and west of TH52, be considered an illegal lot based on division of the property occurring in 1980 and recorded by the County in 1987 without compliance with ordinance requirements in force at that time and without benefit of Council approval. As a result, authorization for a building permit was denied.` Reid Hanson, attorney representing the Helwigs, agreed with the facts as stated, however, he stated that a series of errors had occurred including the illegal subdivision by the owner without city approval, the taxing of this parcel by the County and the City in its assessment of this property for County Road 42 improvements. Mr. Hanson further stated the following in his argument for reversal of the Planning Commission decision: 1) the property cannot be utilized for agricultural purposes due to it's size and bordering trees; 2) because of the desire to construct a single family dwelling on the property it would be consistent with surrounding uses; 3) surrounding single family dwellings are situated on similar or smaller sized parcels; 4) the property has access to County Road 42 by way of an easement on private property; 5) it has been recognized as a tax parcel by both County and City; and 6) the property owner is willing to work with the City in development of the property in regards to septic system, access and water system. City Planner Wozniak informed the Board that they have discretion by situation of hardship to deviate from the ordinance by way of variance, however, in considering variances, hardships must be related to conditions of the property rather than personal hardship. He also reminded the Board that abutting property owners have expressed their wish to subdivide their property in comparable density should this variance be granted, thus a precedent could be set if this variance were granted. There were no other comments from the audience regarding this matter. Chairman Toombs closed the public hearing. Regular Planning Commission Meeting November 15, 1988 Page Three MOTION by Huntington to deny the appeal of Dale Helwig to recognize his property as a legal lot of record. Second by Meyer. Ayes 4, Nays 0. Chairman Toombs opened the public hearing at 6:35 p.m. for the request of U.S. Home Corporation, Orrin Thompson Division, for variance to minimum yard setback requirements. City Planner Wozniak had in his possession Affidavits of Publication and Mailed and Posted Hearing Notice. Dennis Kliner, Vice President for U.S. Home Corp., Orrin Thompson Div., was present to request a 3 -1/2' variance to the 30' minimum yard setback requirement for one side of a corner lot, legally described as Lot 4, Block 3, Country Hills First Addition for the purpose of constructing a speculative home. Mr. Kliner informed the Board that none of the current models offered by ;U.S. Home Corp. will fit on this lot and the Model 850 that they are proposing for this lot will provide an appropriate mix of homes in this subdivision. Community Development Director Dean Johnson advised the Board that at the time of subdivision approval of Country Hills First Addition by PUD the developer requested narrower lots than allowed by ordinance. At that time the City was assured by the developer that the design of their models would accommodate these lots and accepted the City's setback requirements in the PUD Agreement. Roger Jamieson, 14120 Delta Avenue, was present and stated, as abutting property owner, his interest in the type of construction proposed for this lot. He offered no objection to the proposal. There were no others present in the audience for comment. Chairman Toombs closed the public hearing at 6:50 p.m. The Board was in agreement with staff that hardship was not property related and stated their desire to avoid precedents for future subdivisions and uphold the terms of the PUD Agreement. It was suggested that the developer could design a marketable model to accommodate this lot. MOTION by Jacobson to deny the variance request of U.S. Home Corp., Orrin Thompson Div., because property hardship has not been demonstrated as required by ordinance. Second by Meyer. Ayes 4, Nays 0. Chairman Toombs closed the Board of Appeals and Adjustments and reopened the Regular Planning Commission Meeting at 6:58 p.m. MOTION by Huntington to adjourn. Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 7:00 p.m. Respectfully submitted, Donna Quintu Recording Secretary P.O. BOX 510 •IP*1 ety 0 f 2875 -145TH ST. W. o sernouni ROSEMOUNT. MINNESOTA 55068 612- 423 -4411 Planning Commission REGULAR MEETING MINUTES DECEMBER 6, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on December 6, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington, Meyer and Jacobson present. Also present was Michael Wozniak, City Planner. MOTION by Huntington to approve the November 15, 1988 Regular Meeting Minutes as printed. Second by Hathaway. Ayes 5, Nays 0. City Planner Wozniak updated the Commission on events since their denial of a pole building permit request from Craig and Julie Siemers. Denial was based on the commercial use of the proposed building which is not a permitted use in the Agriculture District. Due to the loss of two of the three rental semi tractors originally proposed for storage in the structure, the Siemers have resubmitted their application for a 40' x 60' pole building to be located on a 10 -acre parcel off Akron Avenue for the purpose of storing one personal semi tractor. Staff review finds, because of modification of the proposed use to that of personal storage, that this may be viewed as a home occupation which is recognized as a permitted use in the Agriculture District. Wozniak noted that the requested structure is large enough to house more than one truck and, if approved at the requested size, it would be the responsibility of the City's zoning enforcement staff to monitor the use of the property should its use change in the future. Although the metal sided and metal roofed structure exceeds setback requirements with limited visual impact on surrounding properties it is the recommendation of staff that some aesthetic treatment should be required due to present and possible future 10 -acre subdivisions in this area. Julie Siemers, applicant, distributed a photograph of the proposed structure noting that the steel building will include three windows on each of its longer sides with two overhead doors rather than the one large door originally proposed. Mrs. Siemers stated that they do not intend to purchase more semi tractors for rental purposes. City Planner Wozniak informed the Commission that the Siemers plan to build their home on the 10 -acre site in the near future, however, no building permit application has been submitted to date. MOTION by Huntington to approve the 40' x 60' accessory structure as requested by Craig and Julie Siemers for the purpose of personal storage subject to: 1) issuance of a building permit for a home as a primary use of the property; 2) window treatment to the 60' sides of the structure; and 3) the use of landscaping to screen the building as recommended and approved by Staff. Second by Hathaway. Ayes: Hathaway, Huntington, Toombs, Jacobson. Nays: Meyer. City Planner Wozniak informed the Commission of a public hearing for a request for variance to front /side yard setback requirements in Country Hills First Addition to be held on December 20, 1988 at 6:00 p.m. Regular Planning Commission Meeting December 6, 1988 Page Two Wozniak reviewed with the Commission the preliminary plat /concept PUD for Rosemount Center, a 40,000 square foot retail strip center which includes two outlots for future development, proposed to be located in South Rose Park Addition Replat between County Road 42 and 151st Street. In their review Staff has identified two criteria in which zoning requirements are not met: 1) parking ratio and 2) minimum 150' frontage on a public road on Outlot 1. Staff recommends that variances for both issues are appropriate. 300 parking spaces are provided at a ratio of 7.3/1,000 sq. ft. of GFA which represents only 28 spaces shy of strict ordinance requirements. Also, access to Outlot 1 will be internally within the development, therefore, reduction of the frontage requirement will not jeopardize development of the lot. Wozniak introduced Richard Dreher, developer, and Jeremy Mayberg, architect, who discussed with the Commission, in detail, the Rosemount Center site plan, storm water drainage, traffic flow patterns, configuration and style of center, potential uses of the center, landscaping plan and aesthetics. Chairman Toombs excused himself from his chair at 5:55 p.m. Planner Wozniak noted that the developer may be required, dependent upon the County's plan for a trail system, to construct pedestrian /bike trails along 151st Street and County Road 42 to provide improved pedestrian access to the site This may be a requirement for final plat approval upon further review and input from City and County staff. Wozniak further stated that a formal variance request for the right -in access from County Road 42 must be approved prior to final plat approval. MOTION by Huntington to recommend to City Council approval of the Rosemount Center preliminary plat /concept PUD subject to detailed engineering recommendations and the addition of pedestrian trails as recommended by 'staff. Second by Hathaway. Ayes 4, Nays Q. MOTION by Huntington to adjourn. Second by Meyer. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:20 p.m. Respectfully submitted, ,4 6ed 41 Donna Quintus Recording Secretary P.O. BOX 510 2875 -145TH ST. W 12- 423 g?osernount ROSEMOUNT, MINNESOTA -4411 6-4411 Planning Commission REGULAR MEETING MINUTES DECEMBER 20, 1988 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on December 20, 1988 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway, Huntington, Meyer and Jacobson present. Also present was Michael Wozniak, City Planner. Item added to agenda: 5c) Zoning Text Amendment. MOTION by Huntington to approve the December 6, 1988 Regular Meeting Minutes as printed. Second by Jacobson. Ayes 5, Nays 0. In regards to Bituminous Materials, Inc. EAW, City Planner Mike Wozniak pointed out that the Commission approved the content of the BMI Plant No. 2 EAW prior to the distribution of the EAW. Planning Commission recommendation regarding the need for an Environmental Impact Statement is required at this time. MOTION by Huntington to recommend approval of the negative declaration of the Bituminous Materials, Inc. Plant No. 2 EAW. Second by Meyer. Ayes 5, Nays 0. City Planner Wozniak informed the Commission that an error was made on a survey of a metes and bounds parcel (34- 03010 012 -88) located at the intersection of Cimarron Avenue and Dodd Boulevard, resulting in the driveway serving the parcel being located on the abutting property (34- 03010 013 -88). The property in question is owned by Mr. Pat Finnegan and the abutting property upon which the driveway is located is owned by Mr. Maurice Goldman. In order to resolve this situation Mr. Finnegan has arranged to purchase a 20' strip of parcel 34- 03010- 013 -88 located along his easterly property boundary. City Planner Wozniak informed the Commission that a recommendation regarding the division of this 20' strip from Mr. Goldman's property is required at this time. Both property owners have agreed to platting the property which should happen within the next three months. MOTION by Jacobson to approve the lot division as requested by Mr. Pat Finnegan and Mr. Maurice Goldman subject to platting of the property within 90 days. Second by Meyer. Ayes 5, Nays 0. City Planner Wozniak stated to the Commission that the Lance Johnson /Bituminous Roadways mining permit (30 -acre site located on Rich Valley Boulevard) is up for renewal and reviewed with the Commission background regarding this matter. It was noted that conditions placed upon the previous permit had been met. Lance Johnson, property owner, and Bituminous Roadways, pit operator, have requested a two -year permit renewal as allowed under the City of Rosemount Zoning Ordinance. City Planner Wozniak pointed out that the City is in the process of changing its policy for such operations in the proposed zoning ordinance which would require a mining permit to be renewed on an annual basis. Because of the date, this particular permit has expired and because the new ordinance will not be adopted until spring, City Planner Wozniak proposed the following: 1) Lance Johnson /Bituminous Roadways be issued a two -year permit with fee calculated under a one -year term ($500.00 for two -year permit); and 2) permit issuance date be from January, 1989 to the end of 1990. This solution is acceptable to both the property owner and the mining operator. MOTION by Toombs to recommend approval of the Lance Johnson /Bituminous Roadways, Inc. mining permit renewal subject to the criteria set by staff in the Conditions of Lance J. Johnson Mining Permit agreement. Second by Huntington. Ayes 5, Nays 0. Regular Planning Commission Meeting December 20, 1988 Page Two A zoning text amendment public hearing date has been set for the January 3, 1989, Council Meeting at 8 :00 p.m. This amendment would disallow landfills, junkyards and sanitary landfills in industrial districts. The USPCI, a company who has expressed interest in a project which proposes an industrial containment facility (landfill) in Rosemount, has been apprised of this action and would be directly affected, however, they have not commented to date. At this time, a recommendation of the approval of the ordinance revision is needed from the Planning Commission. Commissioner Jacobson requested the status of the proposed ordinance regarding aesthetics and neighborhood commercial districts. City Planner Wozniak informed Commissioner Jacobson that the City Council has not taken any action regarding either ordinance. MOTION by Hathaway to recommend approval of an amendment to the City of Rosemount Zoning Ordinance which will prohibit junkyards, sanitary landfills and any other type of landfill in industrial districts. Second by Toombs. Ayes 5, Nays 0. MOTION by Jacobson to encourage Council to take action on the proposed ordinance regarding aesthetics. Second by Toombs. Ayes 5, Nays 0. Chairman Toombs recessed the Regular Planning Commission Meeting and opened the Board of Appeals and Adjustments to conduct a scheduled public hearing. City Planner Wozniak had in his possession Affidavits of Publication and Mailed Posted Hearing Notice for the request of Lane Derby and Tammy Brusehaver for variance to minimum yard setback requirements. The petitioners have contracted with Orrin Thompson to purchase Lot 13, Block 1, Country Hills First Addition (14121 Delta Court) for the purpose of constructing a home. The proposed structure would encroach 1.3 feet into the 30' setback required by ordinance for front /side yards in the R -1 District. City Planner Wozniak stated that the 1.3 -foot violation is not visible to the casual eye, however, although the encroachment is minor, there are other aspects regarding this development that must be considered. Exceptions to zoning ordinance requirements regarding lot widths were allowed in approval of the Country Hills PUD. At that time the developer argued strongly that all lots, as proposed, could accommodate single family homes. Whether intentional or not, Orrin Thompson Homes has misrepresented what size home could be built on this property and it would not be appropriate to cause a variance to solve the developer's problem and cannot be considered a hardship unique to the lot in question. Commissioner Jacobson pointed out to the Commission that we have had previous problems with Orrin Thompson regarding violation of setback requirements. City Planner Wozniak stated that the city was told by Orrin Thompson that all lots were buildable. The Planning Commission asked Mr. Derby if he were to cancel his purchase agreement if he would be entitled to a refund of the money he already put down for the home. Mr. Derby stated that Orrin Thompson would refund his money, but he would lose the money he paid for the loan application. Chairman Toombs closed the public hearing. MOTION by Toombs to approve the Lane Derby Variance Petition of 1.3 feet. Second by Hathaway. Ayes: Hathaway, Toombs. Nays: Huntington, Meyer, Jacobson. Motion defeated. Regular Planning Commission Meeting December 20, 1988 Page Two MOTION by Jacobson to request the City Administrator and the City Attorney send a letter to Orrin Thompson stating that Orrin Thompson should make proper amends to Mr. Derby and that this situation should not happen again. Second by Meyer. Ayes 5, Nays 0. Chairman Toombs closed the Board of Appeals and Adjustments and reopened the Regular Planning Commission Meeting. MOTION by Toombs to adjourn. Second by Jacobson. There being no further business to come before this Commission and upon unanimous decision this meeting was adjourned at 6:30 p.m. Respectfully submitted, Rhonda Weber Recording Secretary