HomeMy WebLinkAbout1989 c P.O. BOX 510
ity 2875 -145TH ST. W.
o sernou ROSEMOUNT. MINNESOTA 55068
612- 423 -4411
Planning Commission
REGULAR MEETING MINUTES JANUARY 3, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission
was duly held on January 3, 1989 at 5:00 p.m. Chairman Toombs called the meeting to
order with members Hathaway, Huntington and Meyer present. Also present was City
Planner Michael Wozniak.
MOTION by Huntington to approve the December 20, 1988 Regular Meeting Minutes as
printed. Second by Hathaway. Ayes 4, Nays 0.
Commissioner Jacobson took his chair at 5:02 p.m.
City Planner Wozniak directed the Commission's attention to the proposed zoning ordinance,
which they had received prior to the meeting, noting that staff feels this document is at a
point where they are prepared to present it to the Planning Commission and City Council
for formal review. Staff will also recommend to City Council that a special joint meeting
with the Planning Commission be scheduled as a work session at which time a tentative
timetable could be agreed upon for either further review or a public hearing and ultimately
adoption of the new zoning ordinance. Planner Wozniak encouraged the Commission to
review the document to determine if there are any concerns they wish to be incorporated
in his presentation to the Council at the special session. Wozniak stated that copies of
the proposed ordinance have been made available to the business community through the
Chamber of Commerce. This item will be on the next meeting's agenda for discussion and
input from the Commission.
The City has received an application for a sand and gravel mining permit for an 80 -acre
site located directly south of Solberg Aggregate on TH 56. Fran Davies, Vice President of
Bituminous Materials, Inc., was present to discuss his company's request for a 10 -year
mining permit subject to annual renewal to ensure the terms and conditions of the permit
are being met.
City Planner Wozniak stated that staff has determined that the property, which is zoned
Industrial Park, is an appropriate and reasonable use of the site. Sand and gravel mining
is a permitted use in this district and it abuts property already engaged in a similar use.
The final grading plan proposed by the applicant would provide a gentle north to south
slope creating a final site grade which would be desirable for future industrial development.
Reclamation and restoration of the site will be achieved as each mining phase has been
completed to avoid erosion and sedimentation problems. Staff has recommended that the
City require a $50,000 performance bond to guarantee that all conditions of the mining
permit are met.
A key concern identified by staff regards the applicant's involvement in an unfinished
project located at the intersection of TH 55 and CSAH 42. The temporary grading permit,
issued to Pine Bend Development Co., was based upon the County Road 42 upgrade project
with a deadline for complete restoration of the site set for December 21, 1988. BMI put
up a $10,000 performance bond for this grading operation and, as of this date, site
restoration has not been accomplished. The city attorney has recommended withholding
S action on this proposal until the grading issue has been resolved. Mr. Davies stated that
the landowner and permit holder for the grading permit are responsible for restoration of
the site. BMI's involvement, posting of the bond, was a matter of convenience and
restoration is beyond their control. He assured the Commission that BMI has taken
precautions and BMI's credit would not be jeopardized should the City call in the $10,000
Performance Bond.
Regular Planning Commission Meeting
January 3, 1989
Page Two
MOTION by Huntington to table action on the request of Bituminous Materials Inc. for a
sand and gravel mining permit until the grading permit issue has been resolved. Second by
Meyer. Ayes 5, Nays 0.
Commissioner Hathaway excused herself from her chair at 5:37 p.m.
Chairman Toombs recessed the Regular Planning Commission Meeting at 5:38 p.m.
Chairman Toombs opened the Board of Appeals and Adjustments at 6:00 p.m. 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 Donovan and Sandy Tousignant for a variance to
minimum lot area for the keeping of livestock and fowl.
The Tousignants have purchased a 12 parcel in the Agriculture District located at the
southwest intersection of Dodd Boulevard and 120th Street (12055 Dodd Boulevard) on
which they are currently constructing their home. The property is zoned Agriculture and
is predominantly wooded except for wetland and swamp areas with a majority of several
smaller surrounding lots used for residential purposes. The applicants are requesting a
variance to keep livestock on less than 20 acres in the AG District.
Sandy Tousignant informed the Board of their wish to keep 4 to 15 sheep for no more than
three years for the purpose of clearing the underbrush on their property to reclaim pasture
land. Mrs. Tousignant also informed the Planning Commission that she and her husband
were also proposing to keep fowl on the property, including approximately ten ducks and
up to 25 pheasants. City Planner Wozniak commented that the zoning ordinance provisions
regarding the keeping of livestock would not strictly preclude the keeping of fowl which
are indigenous to the area However, if the numbers of fowl being kept on the property
exceeded what would normally be found in the wild, then the City would have to interpret
if a zoning violation had occurred. Mrs: Tousignant stated that this property had been
used for pasture until 1976 by the former owners. After three years they plan to sell the
sheep and replace these animals with one cow and horses. Mrs. Tousignant also stated that
the state and county recognize this property as agriculture and qualifies for "green acres"
tax benefit. Because of its wetlands and wooded traits this property would not support
crops and, therefore, should be allowed other agricultural activities such as the raising of
livestock.
In response to the applicant's question as to whether the livestock of an abutting property
owner could be allowed to graze on their property, Planner Wozniak stated this would only
be possible if the two properties were legally and permanently combined and totaled 20
acres or more. Wozniak further stated that the use of this property for raising livestock
had terminated in 1976 when it was recognized as a legal non conforming use. According
to the ordinance, for this use to remain legal would be for a reinstitution of that function
within a six -month interval.
Curt Walter Hanson, 12101 Dodd Boulevard, and Jane Goedtel, 2980 120th Street West, both
concurred that the area is residential in character and the existing ordinance guidelines
should be adhered to. They feared that raising of livestock would jeopardize the integrity
of the neighborhood and would have a negative impact on the value of their properties.
Patricia Walter, speaking both as an area resident and a doctor of veterinary, voiced strong
objections regarding the small amount of acreage for the proposed number of grazing sheep
and the inappropriateness of the existing vegetation for sheep, horse or cow diet. She also
stated that sheep would destroy the existing trees thereby affecting the aesthetics of the
property.
Regular Planning Commission Meeting
January 3, 1989
Page Three
There were no further comments from the audience.
Chairman Toombs closed the public hearing at 6:45 p.m.
It was generally agreed upon by the Board that there is no unique hardship associated with
the property which would suggest that denying of livestock would prevent the owners from
utilizing the property in a like manner to other comparable properties.
MOTION by Huntington to deny the variance to minimum lot size for the keeping of
livestock as requested by Donovan and Sandy Tousignant. Second by Jacobson. Ayes 4,
Nays 0. Variance denied.
Board member Jacobson informed those present in the audience that the City is currently
reviewing a new proposed ordinance and invited them to take this opportunity to contact
their elected and appointed officials with their support or specific concerns before this
document is approved.
Chairman Toombs closed the Board of Appeals and Adjustments and reopened the Regular
Planning Commission Meeting.
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.
Res ctfully submitted,
Donna Quintus
Recording Secretary
P.O. BOX 510 of
2875 -145TH ST. W.
o sernouni ROSEMOUNT. MINNESOTA 55068 12- 423 -441 1
6
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Planning Commission
REGULAR MEETING MINUTES JANUARY 17, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission
was duly held on January 17, 1989 at 5:00 p.m. Chairman Toombs called the meeting to
order with members Hathaway, Huntington, Meyer and Jacobson present. Also present was
City Planner Michael Wozniak.
MOTION by Huntington to approve the January 3, 1989 Regular Meeting Minutes as printed.
Second by Meyer. Ayes 5, Nays 0.
Planner Wozniak announced that Commissioner Huntington's three -year term on the
Planning Commission had expired and Mayor Hoke has reappointed Dan Huntington to
another three -year term.
City Planner Wozniak announced that the Annual Planning Commission Meeting is the first
Tuesday in February at which time election of officers is required by our bylaws. He
added that nominations for chairman and secretary of the Planning Commission may be
taken at this time.
MOTION by Meyer to nominate Steve Toombs as Planning Commission Chairman and Dan
Huntington as Planning Commission Secretary. Second by Jacobson. Ayes 5, Nays 0.
Planner Wozniak presented a description and summary of a proposed comprehensive guide
plan amendment which would increase the municipal urban service area (MUSA) by
approximately 2,280 acres. He noted that 460 of these acres consist of either existing or
proposed development of parks and schools and also the former Brockway Plant. This
leaves approximately an 1,860 -acre net increase of MUSA acreage for single family land
use Included in the land use designation is the proposed low density RE Residential (1,800
minimum square foot lots). Planner Wozniak stated that this proposed comprehensive plan
amendment concurs with the existing year 2000 Land Use Plan.
MOTION by Huntington to recommend approval of Comprehensive Guide Plan Amendment
No. 12. Second by Toombs. Ayes 5, Nays 0.
City Planner Wozniak briefly discussed the major changes incorporated into the proposed
zoning ordinance. Previous Planning Commission review and recommendation included the
following:
1) Section 4: added definitions;
2) Section 5: restructuring of districts to accommodate varying levels of density for
residential districts as well as further breakdown of commercial
districts and permitted uses.
3) Section 7: commercial building aesthetic requirements; and
4) Section 7: restrictions for accessory structures in rural residential and agriculture
districts.
It was recommended that the Commission members review the entire document to determine
if there are any additional issues of concern prior to making a final recommendation to
City Council.
Regular Planning Commission Meeting
January 17, 1989
Page Two
Mike White, White Funeral Home, requested an audience with the Planning Commission to
express his desire to locate a funeral home in the Agriculture District (southwest
intersection of 120th Street West and South Robert Trail (TH 3). Staff has determined
that this is a commercial operation which is not a permitted use in the AG District.
Planner Wozniak informed the Commission that the present ordinance does not specifically
address funeral homes, however, he offered to research how surrounding communities have
interpreted this use in their ordinances and be prepared to present his findings for formal
discussion at a subsequent meeting.
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
6:00 p.m.
Respectfully submitted,
Donna Quintus
Recording Secretary
P.O. BOX 510
6:1 2875 -145TH ST W.
oc�emoun� R OSEMOUNT. MINNESOTA X 12- 423 -441 1 510
I 6
VS
Planning Commission
ANNUAL MEETING MINUTES FEBRUARY 7, 1989
Pursuant to due call and notice thereof the Annual Meeting of the Planning Commission
was duly held on February 7, 1989 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 Dean Johnson, Director of Community Development.
MOTION by Huntington to approve the January 17, 1989 Regular Meeting Minutes as
printed. Second by Toombs. Ayes 4, Nays 0.
MOTION by Meyer to close the nominations for Planning Commission Chairman and
Secretary. Second by Hathaway. Ayes 4, Nays 0.
Commissioner Jacobson assumed his chair at 5:03 p.m.
MOTION by Hathaway to elect Steve Toombs as Planning Commission Chairman and Dan
Huntington as Planning Commission Secretary. Second by Jacobson. Ayes 5, Nays 0.
City Planner Michael Wozniak gave an informational presentation of a proposed plan for
the Genz -Ryan project which entails rehabilitation of the existing Genz -Ryan buildings as
well as the acquisition and rehab of the former Rosemount Dodge structure to accommodate
expansion and upgrade of the Genz -Ryan enterprise. It was noted that no formal action is
required by the Planning Commission and this proposal is being presented to this body for
information and the opportunity for informal comment.
Community Development Director Dean Johnson noted that there is no new construction,
platting or rezoning involved in this project and that the proposed use is consistent with
ordinance and proposed zoning ordinance requirements.
The Commission expressed their approval and concurrence with the HRA for the Genz -Ryan
proposal.
City Planner Wozniak informed the Commission that Staff has recently met with a
developer who has proposed a commercial development on a 25 -acre parcel located south of
County Road 42 between Shannon Parkway and the western boundary of Rosemount.
Wozniak noted that the City has received numerous commercial proposals for this site,
however, such interests have been discouraged based on the following: 1) inconsistency
with the Rosemount Comprehensive Guide Plan; 2) the potential to draw from existing
commercial development in the downtown area and South Rose Park which represents a
deviation from the City's goal for concentrated commercial development; 3) the risk of
promoting strip development along CR 42; 4) this property is not contiguous to existing
commercial activity; 5) there are no utility improvements on this site while there is an
adequate inventory of commercial property with improvements in- place; and 6) this property
is not currently in the MUSA.
Marie Jensen, representative for this development proposal, maintained that the logical and
best use of this property would be commercial due to its proximity to County Road 42 and
that it could serve as a gateway to the City. Ms. Jensen felt this proposal was not in
conflict with the City's goals for commercial development. A partner of Herb Wensmann,
perspective developer, briefly described his proposal for this site and the type of business
activity that would be promoted, however, there are currently no agreements with any
potential tenants.
Annual Planning Commission Meeting
February 7, 1989
Page Two
Commissioner Jacobson expressed his support of Staff's position, stating he endorses the
current Rosemount Comprehensive Guide Plan and the character of the downtown area
adding that he is opposed to a leapfrogging commercial development affect.
Commissioners Huntington and Toombs requested further information and review of this
proposal to be discussed at a future meeting.
Mike White, White Funeral Home, was present and requested the Planning Commission to
evaluate and determine which zoning districts would allow Funeral Homes. Specifically, Mr.
White is interested in a parcel currently in the AG Agriculture District located on County
Road 38 just south of the Rosemount VFW.
City Planner Michael Wozniak informed the Commission that although the present ordinance
does not address Funeral Home use, a review of the proposed ordinance allows Funeral
Homes in both C-4 General Commercial Districts and R -3 Multiple Family Districts. Based
on results of a staff study, the proposed policies for the City of Rosemount conform with
those of surrounding and other metropolitan communities. Wozniak added that the proposed
site is designated RR Rural Residential in the Rosemount Comprehensive Guide Plan and
this use would be in direct conflict with the comp plan. Staff recommends that, should
such a proposal be considered under the existing ordinance, this use be interpreted as a
permitted use in C -2, C -3 and RM Districts and strongly recommends Funeral Homes be
permitted only in areas served by public utilities.
Following a brief discussion, an informal poll was conducted of the Planning Commission
with Commissioners Hathaway, Huntington and Meyer urging Mr. White to pursue a site
within the commercial or multi- family districts. Commissioners Toombs and Jacobson
favored a rural setting.
Lee Tollefson, Bituminous Materials, Inc., was present to request approval of a previously
submitted application for a ten -year mining permit on an 80 -acre site directly south of
Solberg Aggregate on TH 56.
Planner Wozniak stated that action on this request had been tabled until the applicant's
involvement in another issue regarding a grading 'permit for the County Road 42 upgrade
project had been resolved. An agreement has been reached with the City Council and the
parties involved in that project, based on the recommendation of the city attorney, with
action on that issue scheduled at the Council meeting this same evening.
Planner Wozniak noted that the agreement with Bituminous Materials, Inc. regarding the
terms and conditions of this mining permit with annual renewal remain as originally
proposed.
MOTION by Hathaway to approve the request of Bituminous Materials, Inc. for a Sand and
Gravel Permit subject to the terms and conditions as presented by Staff. Second by
Huntington. Ayes 5, Nays 0.
The City has received a request from Herb Wensmann, developer, to add approximately 22
acres to the MUSA to allow construction in the Wensmann Third and Fourth Additions.
Due to the timing of Metropolitan Council's review of Comprehensive Guide Plan No. 12,
which would include the property in question, Staff feels it is necessary to initiate
Comprehensive Guide Plan No. 13. Approval of this amendment would encompass the
Wensmann Third and Fourth Additions and prevent early spring construction delays.
MOTION by Huntington to recommend approval of Comprehensive Guide Plan No. 13.
Second by Toombs. Ayes 5, Nays 0.
Annual Planning Commission Meeting
February 7, 1989
Page Two
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
P.O. BOX 510 Cit 2875 -145TH ST. W Ose /I'L Ount ROSEMOUNT MINNESOTA X 12- 423 -4411 510
6
Planning Commission
REGULAR MEETING MINUTES FEBRUARY 21, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission
was duly held on February 21, 1989 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.
MOTION by Huntington to approve the February 7, 1989 Annual Meeting Minutes as
printed. Second by Toombs. Ayes 4, Nays 0.
Chairman Toombs suspended the regular agenda order to accommodate those present for
New Business items.
The City has received a request from Mr. John Reese, 4230 145th Street East, to divide ten
acres from his approximately 170 acres of property located south of CSAH 42 and east of
TH 52. The resulting 10 -acre parcel will include the existing residence with 519 feet of
frontage along County Road 42. Mr. Reese is also proposing a 60 -foot strip along the
western boundary of this ten acre parcel to be used as access to the remaining acreage
and to serve as street right -of -way for future development. The resulting parcels comply
with ordinance requirements.
Upon staff review of the division request, City Engineer Rich Hefti has recommended that
the proposed 60 -foot strip be recorded as an easement for future road purposes.
MOTION by Toombs to recommend to City Council approval of the property division as
submitted by Mr. John Reese subject to a 60 -foot easement for road purposes along the
western boundary of the ten -acre parcel. Second by Huntington. Ayes 4, Nays 0.
Jerry Anderson, AAA Auto Salvage, Inc., was present to discuss the relocation of his auto
salvage business from its present site on 135th Street to a 20 -acre site along 160th Street
just east of Highway 3.
City Planner Mike Wozniak informed the Commission Mr. Anderson's salvage business is not
recognized as a legal permitted use at its present location and had been assisted by City
staff in seeking a suitable site for his business. Although the current Zoning Ordinance
does not list salvage business as a permitted use in any district, the Proposed Zoning
Ordinance does recognize auto salvage operations as a permitted use in the I -GEN General
Industrial District. The proposed site is zoned AG Agriculture, however it is contiguous to
general industrial district (natural gas storage transfer facility, tank storage area).
Based on preliminary site sketches, the proposed setbacks, landscaping and building
aesthetic treatment would provide ample screening of the business activity and meets
Proposed Zoning Ordinance criteria.
It was noted that Phil's Body Shop is recognized as a legal nonconforming use and will
remain at its present location on 135th Street; however, the entire auto salvage business,
including buildings, is proposed to be relocated to this new site.
MOTION by Toombs to approve the proposed 160th Street site as an appropriate use for
AAA Auto Salvage, Inc. and recommend staff initiate procedures for rezoning the property
from AG Agriculture to I -GEN General Industrial and to amend the current zoning
ordinance to include auto salvage operations as a permitted use in the I -GEN District.
Second by Huntington. Ayes 4, Nays 0.
Regular Planning Commission Meeting
February 21, 1989
Page Two
City Planner Wozniak briefly reviewed with the Commission the previously approved concept
plan for commercial development on a 6.85 -acre parcel located at the intersection of TH 3
and CSAH 42 which includes a one -acre lot for a Hardee's Restaurant and a 50,000 square
foot retail center on the remainder of the property. The City has been contacted by Chris
Colby, architect /representative for the owners of this property, who have indicated their
desire to proceed with the final platting and rezoning of the property. However, before
Mr. Colby submits his final plan he has requested clarification on the specific issues to be
resolved to accomplish plat approval and rezoning.
Due to the proximity of the proposed commercial development, staff is recommending an
informal neighborhood meeting be held with the Planning Commission and property owners
of the bordering residential neighborhood. This will allow staff and the Planning
Commission to receive public input and comments to determine if there are any specific
concerns or significant objections to the proposal before a public hearing for the rezoning
is scheduled.
The Planning Commission concurred to set an informal meeting to receive input from
property owners of the abutting residential neighborhood on Tuesday, March 14, 1989 at
7:00 p.m. in the Council Chambers. Staff will notify those residents affected by this
proposal of the date and time.
City Planner Wozniak referred to the Commission's copy of the Citizen Attitude Study
results. Specifically, he pointed out resident responses regarding the retail /commercial
development process which appears to reinforce and support the City's existing policy in
the promotion of a centralized commercial district and a reluctance to support a
commercial concept that emulates strip mall development. This strategy is endorsed in the
Rosemount Comprehensive Guide Plan.
Chairman 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 &Posted
Hearing Notice for the request of Kerry Johnson for a variance to zoning ordinance
requirements.
City Planner Wozniak advised that the City has received a variance petition from Dr. Kerry
Johnson, K L Chiropractic Clinic, to allow a sign to advertise a Home Occupation at
3025 143rd Street West (corner of 143rd Street West and South Robert Trail). The
property in question is in the R -1 Single Family Residential District and abuts Independent
School District 196 property which is zoned Public. Dr. Johnson proposes to reside in the
home, as well as conduct his chiropractic clinic as a home occuparion. He has entered into
a purchase agreement with the current property owner contingent to City approval for
installation of a sign on the property to advertise his business.
In -depth discussion followed regarding the criteria that must be met in the granting of a
variance.
Dr. Johnson described the property as an exceptional circumstance due to its location. The
property does not abut other residential districts and should be regarded as a unique
situation. He also contended that a hardship of the property as a residential use was
11111 represented due to its isolation from other residential districts. Marie Jensen, 14325 Cameo
Avenue, agreed that this property is distinct and uncharacteristic of typical residential
districts.
Regular Planning Commission Meeting
February 21, 1989
Page Three
City Planner Wozniak informed the Commission that, upon staff review of the request, due
recognition of the location of this parcel was given, however, it was concluded that
practical difficulty and unnecessary hardship had not been demonstrated comparable to
other properties in the same district. Approval of this variance would set a significant
precedent as there are other home occupations within the City that could justify similar
circumstances. Also, a definite concern for future requests for expansion of the business
or rezoning is foreseen. This would be a deviation from the ordinance since the parcel
does not meet minimum requirements for commercial use, and is inconsistent with the comp
plan and policies of the City in the effort to prevent spot zoning for commercial purposes.
City Planner Wozniak advised that in the granting of a variance all criteria stated in Subd.
14.3 of the Zoning Ordinance must be met. Staff is recommending denial of this variance
request based on the lack of requirements being met as established in the Zoning
Ordinance.
Boardmember Jacobson stated that the request was in direct conflict with the zoning
ordinance and the intent of the Rosemount Comprehensive Guide Plan. He added that
property hardship had not been demonstrated since Dr. Johnson was not current owner of
the property. It was also noted that parking, as proposed, could become potentially
hazardous due to bus traffic associated with the school property combined with traffic
generated by the proposed clinic.
Chairman Toombs closed the Public Hearing at 7:15 p.m.
MOTION by Jacobson to deny the variance request of Dr. Kerry Johnson because the
ordinance requirements have not been satisfied for variance approval.
Motion died for lack of a Second.
MOTION by Huntington to approve the variance request of Dr. Kerry Johnson to allow
installation of a maximum 25- square foot sign at 3025 143rd Street West for advertisement
of a Home Occupation in the R -1 Single Family Residential District. Second by Toombs.
MOTION' by Huntington to amend the original motion to approve the variance request of
Dr. Kerry Johnson to allow installation of a maximum 32- square foot sign at 3025 143rd
Street West for advertisement of a Home Occupation in the R -1 Single Family Residential
District. Second by Toombs.
Poll of the amended Motion: Ayes: Hathaway, Huntington, Toombs. Nays: Jacobson.
Chairman Toombs closed the Board of Appeals and Adjustments and reopened the Regular
Planning Commission Meeting.
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
7:30 p.m.
Respectfully submitted,
Donna Quintus
Recording Secr tary
P O. BOX 510
ty 2875 145TH ST. W.
®se 1 n 1 oun2 ROSEMOUNT. MINNESOTA X 510
C f b G c 612- 423 -4411
Planning Commission
a g o
REGULAR MEETING MINUTES MARCH 7, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission
was duly held on March 7, 1989 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, Community Development Director.
The Agenda was modified and added to as follows: 3a.) Presentation by Mayor Hoke; 3b.)
Sand and Gravel Mining Policy Discussion; 3c.) Kerry Johnson Variance Request Update;
5b.) Minnesota Annual Planning Conference.
MOTION by Hathaway to approve the February 21, 1989 Regular Meeting Minutes as
amended. Second by Jacobson. Ayes 4, Nays 0.
The record of the February 21, 1989 Regular Meeting Minutes was amended to show that
the approval of the Kerry Johnson variance request is for installation of a maximum 32-
square foot sign in the R -1 District for advertisement of a home occupation.
Mayor Rollan Hoke presented an outline of strategies and objectives for the institution of
the Community Involvement Process as authorized by City Council.
The Advisory Committee members were solicited by councilmembers from various sections of
111 the City as well as special interest groups (Chamber of Commerce, youth, schools,
churches) to assess community values, needs and aspirations. This committee is currently
analyzing results of the Citizen Attitude Survey conducted by Decision Resources, the
Urban Design Team and the Town Meeting and will hold an informal presentation of
recommendations of community goals and strategies at a special meeting scheduled on
March 28, 1989. Another preliminary presentation will be given at a second Town Meeting
to be held in May, 1989. Final goals and strategies will be presented to Council, Planning
Commission and staff by the end of May.
Mayor Hoke urged Planning Commission members to review the Urban Design Report and
Decision Resource Executive Summary and formally adopt these documents as an official
"Statement of Feelings" by the end of May concurrent with the Advisory Committee's final
recommendations.
In conclusion, Mayor Hoke restated that the Community Involvement Process is a vehicle to
be used by the City for understanding and assessing community values, to provide direction
and guidelines for the revision of the Rosemount Comprehensive Guide Plan, to develop
goals that are community wide and initiate a plan of action. Once this process is in -place
it is less likely that decisions will be arbitrary or challenged because they will reflect and
be more consistent with community attitudes.
Otto Ped, 4992 145th Street East, and Palmer Peterson, Bituminous Roadways, Inc., were
present to discuss a proposal to remove approximately 150,000 cubic yards of sand and
gravel from Mr. Ped's 160 -acre parcel which is zoned AG Agriculture for the purpose of
improvement of his property for agricultural use. Mr. Ped wishes to apply for a long -term
(five- to seven -year) Mining Permit to excavate and remove approximately 1.5 million cubic
yards of material to reduce a ridge on his property. He has also indicated an interest in
seeking a short -term Grading Permit for approximately 150,000 cubic yards of sand and
gravel to allow activity to begin on the site while applying for a long -term Mining Permit.
Regular Planning Commission Meeting Minutes
March 7, 1989
Page Two
City Planner Wozniak advised that this proposal from Mr. Ped has prompted staff to
initiate discussion on mining permit policies. The revised zoning ordinance, currently under
formal review by City Council, precludes mining permits in the AG District, limiting sand
and gravel mining to industrial districts. The Planning Commission has formally approved
this revision and to entertain this request would circumvent the intent of the proposed
ordinance. City Council has not yet discussed or reached a consensus on this issue. It is
necessary that the Planning Commission and City Council establish a policy for staff to
follow in considering proposals for short -term Grading /Excavation Permits and /or long -term
Mining Permits in the Agriculture District prior to adoption of the proposed ordinance.
Palmer Peterson stated that the Ped site would represent a long term investment for both
parties resulting in the ultimate improvement of the property for agricultural purposes.
Mr. Peterson suggested that, in cases such as this, it would be appropriate to allow mining
for purposes of property improvement after which the property would revert back to its
original zoning.
MOTION by Jacobson to recommend to City Council the establishment of a moratorium on
issuance of new mining permits until July 1, 1989. Second by Meyer. Ayes 4, Nays 0.
Vern Kelley, owner of the Texaco Station located at 14515 145th Street West, was present
to request site plan approval for a SuperAmerica convenience store /self- service gas station,
with a drive -thru car wash bay, new underground storage tanks, island canopy and
extensive landscape plantings, to be located on the present Texaco site This proposal
involves complete removal of the existing structure which he described as antiquated and
no longer used for its original intent.
Discussion of the site plan included proposed improvements in landscaping, building
aesthetics, lighting and safer access /egress to the property. City Planner Wozniak advised
that the site plan meets ordinance requirements in that the structure and pump islands
meet or fall within existing setbacks in the same block with the exception of the pump
island canopy. It was the general consensus of the Commission that the 18 -foot canopy
represents no visibility concern in respect to traffic safety or vehicular access within the
site, nor does it restrict movement of air, drainage patterns or interfere with natural light
on or around the site, and, therefore, presents no issues or concerns that would normally
preclude structures within setbacks. Wozniak noted that the C -3 zoning of the property
allows the proposed use.
MOTION by Huntington to approve the site plan for a SuperAmerica convenience
store /self- service gas station to be located at 14515 145th Street West subject to conditions
and requirements as set forth in the City Planner's Review (dated 3/3/89). Second by
Meyer. Ayes 4, Nays 0.
City Planner Wozniak provided an update on the Kerry Johnson proposal to reside in a
home located at 3025 145th Street West, as well as conduct his chiropractic clinic as a
Home Occupation. Wozniak advised that the Building Official has denied a building permit
for the remodeling and alteration of the single family dwelling to allow a dual use as a
clinic and residence. This decision is based upon an interpretation of Home Occupation as
defined in the Zoning Ordinance. Upon evaluation of the plans submitted, it has been
determined that the extent of alteration in square footage clearly is not secondary to the
residential use. Mr. Johnson has the right to appeal this administrative denial of the
building permit to the Planning Commission serving in its' capacity as Zoning Board of
Appeals and Adjustments.
Wozniak also informed the Commission that Ron Jacobson, in his capacity as a resident, has
submitted an appeal to Planning Commission's decision to allow a sign for a Home
Occupation in a residential district. The Council will schedule a public hearing which will
most likely be set for the first meeting in April, 1989.
Regular Planning Commission Meeting Minutes
March 7, 1989
Page Three
The 1989 Annual Minnesota Planning Conference will be held April 6th 7th, 1989 in
Brooklyn Park, MN, with a special get- acquainted session scheduled for April 5th at 7:30
p.m. Community Development Director Dean Johnson provided a brief summary noting that
conference highlights appear particularly relevant to Rosemount development issues at this
time. Johnson advised that if anyone is interested in attending the conference, he will be
requesting Council authorization for attendance and reimbursement for Planning Commission,
Council and staff.
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
6:28 p.m.
Respectfully sub itted,
Donna Quintus
Recording Secretary
IP
(it O 2875 145TH ST W.
4,osernouniR MINNESOTA 55068
612- 423 -441 1
Planning Commission
REGULAR MEETING MINUTES MARCH 21, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission
was duly held on March 21, 1989 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, Community Development Director, Tracie Pechonick,
Economic Development Specialist and Dennis Wippermann, Councilman.
MOTION by Hathaway to approve the March 7, 1989 Regular Meeting Minutes as recorded.
Second by Meyer. Ayes, 4, Nays 0.
City Planner Wozniak addressed the Wensmann Third Addition rezoning /final plat request.
This third phase of the Wensmann Additions PUD consists of 34 single family lots. The
City requested that the developer modify the bike trail location now shown on the south
edge of the third phase which will also provide access to Jaycee Park. Other developers
along Danbury will also be required to provide connecting bike trails at their expense. The
plat is in conformance with the approved preliminary plat /PUD. Staff recommends approval
of Wensmann Third Addition final plat and the rezoning from AG Agriculture to R -1 Single
Family Residential.
MOTION by Hathaway to recommend approval of the Wensmann Third Addition Final Plat
and Rezoning to City Council subject to an executed Subdivision Development Agreement.
Second by Toombs. Ayes 4, Nays 0.
Commissioner Jacobson questioned the lot frontages, noting some lot widths to be less than
minimum ordinance requirements. Wozniak stated that the varied widths were approved
under PUD proceedure and noted very few were under 85 feet with the exceptions
pertaining primarily to cul -de -sacs that have irregularly shaped lots.
O'Leary's Hills Fourth Addition final plat includes 31 single family homes and represents
phase 4 of the approved 214 single family lot O'Leary's Hills preliminary plat and concept
PUD. Last fall this was delayed due to the inability of the applicant to provide the
required Letter of Credit. All requirements have been met and staff recommends approval.
MOTION by Toombs to recommend approval of the O'Leary's Hills Fourth Addition Final
Plat and rezoning to City Council subject to an executed subdivision development contract.
Second by Meyer. Ayes 4, Nays 0.
West Ridge Third Addition is in conformance with city requirements. Minimum lot frontage
was waived for a few lots by PUD, Staff has recommended approval.
MOTION by Hathaway to recommend approval of the West Ridge Third Addition Final Plat
and rezoning to City Council subject to an executed subdivision development contract.
Second by Toombs. Ayes 4, Nays 0.
Commissioner Jacobson inquired as to the minimum frontage required in the West Ridge
PUD. City Planner Wozniak noted that a 75 -foot minimum frontage was established;
however, in the case of cul -de -sac and triangular lots, frontage is measured at the required
setback.
Regular Planning Commission Meeting Minutes
March 21, 1989
Page Two
Robert Solberg, Solberg Aggregate, Inc., was present and has submitted a Sand Gravel
Mining Permit application for an 80 -acre parcel of property located immediately south of
Koch Refining on TH56. Planner Wozniak explained that this was reviewed last fall after
Bituminous Material Inc. applied for a Sand Gravel Mining Permit on property abutting
the Solberg property. It was recognized in fall, 1988 that the Solberg permit was no
longer legally permitted. This was not solely the fault of Mr. Solberg. Requirements for
permits changed upon the merging of the township and village to the City of Rosemount.
The Solbergs have always been cooperative and reasonable. At this time more specific
information is needed which Mr. Solberg has agreed to submit.
Wozniak noted that the following is still needed from the applicant: 1) drawings showing
existing natural and manmade features on the site; 2) staging of excavation activities
including location and quantities of material to be excavated, type of equipment to be used
and a definition of access routes and storage areas; 3) method of screening; and 4) final
grade and reclamation details.
The amount of material to be excavated is estimated at the maximum amount of 1.5 million
cubic yards. Mr. Solberg calculated, since the purchase of his company in 1966, an average
of 75,000 cubic yards per year have been excavated. This represents approximately 1.5
million cubic yards in 20 years. An estimate of the amount of material to be removed is
necessary to determine bonding requirements.
The common property line between Solberg Aggregate and Bituminous Materials, Inc. would
create a ridge because of the setback requirement. Since both companies have similar
operations, an agreement could be considered to allow excavation of sand and gravel up to
the property line. This would increase the amount of material available.
Specific concern lies in the restoration of the property. A plan for returning topsoil and
seeding is required. The City would prefer shaping and reclaiming in phases as each area
is depleted of materials. The large depression which holds water may have to remain
somewhat as it exists as it had been created by the former owners, Fischers and the State
of Minnesota, who had mined the property prior to 1966. Koch Refining has also contacted
Mr. Solberg regarding purchase of this property. Koch abuts the northern property line
and feels it would fulfill a buffer need for their industry.
Staff has recommended withholding action on the Solberg application until further
information is received for staff review.
MOTION by Jacobson to table action on the Solberg Aggregate Mining Permit Application
until application submittal requirements have been satisfied. Second by Meyer. Ayes 4,
Nays 0.
A tax increment financing plan providing funds for the rehabilitation and expansion of the
Genz -Ryan Plumbing Heating Co. has been developed and known as Rosemount
Redevelopment Plan Modification No. V. This is in connection with the Rosemount Housing
and Redevelopment Authority.
Since 1979, the Genz -Ryan parcel has been in the Rosemount Redevelopment Project Area
which prevents any improvements, additional development or lack thereof from having an
immediate affect on the other taxing jurisdictions. In essence, the redevelopment of Genz-
Ryan will cause neither loss nor gain in the taxing jurisdictions which would otherwise
have been affected.
Regular Planning Commission Meeting Minutes
March 21, 1989
Page Three
S The parcels designated in Modification No. V are currently zoned Community Commercial
and are used for that purpose. As the Ryans intend to continue using said parcels for
their commercial establishment, City staff recommends that the Planning Commission find
Modification No. V to be in conformance with the City of Rosemount Comprehensive Guide
Plan.
MOTION by Toombs to approve Resolution 1989 -PC1 A RESOLUTION FINDING THAT THE
ROSEMOUNT REDEVELOPMENT PLAN MODIFICATION NO. V IS IN CONFORMANCE WITH
THE CITY OF ROSEMOUNT COMPREHENSIVE GUIDE PLAN. Second by Meyer. Ayes 4,
Nays 0.
Notice has gone to the property owners for a neighborhood meeting to discuss the
Thorson /Lund commercial development proposal. This meeting is scheduled to meet at the
Senior Center on Wednesday, March 29, 1989.
The Commission was reminded of the mayor's meeting to discuss Decision Resources survey
results with City staff and commissions on March 28, 1989 at 7:00 p.m. in the Council
Chambers.
The Commission was also reminded of the 1989 Annual Minnesota Planning Conference to
be held April 6th 7th, 1989 in Brooklyn Park, MN. There are special programs on legal
matters which would interest Planning Commission members. Those interested were asked
to register themselves and submit registration fee statements to the City for
reimbursement.
MOTION by Toombs to adjourn. Second by Hathaway. 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,
Linda Jentin
Recording Secretary
1
CITY OF ROSEMOUNT
PLANNING COMMISSION
RESOLUTION 1989 PC1
A RESOLUTION FINDING THAT THE ROSEMOUNT REDEVELOPMENT
PLAN MODIFICATION NO. V 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.
V, dated February 21, 1989; and
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. V, dated February
21, 1989 is in conformance with the City of Rosemount Comprehensive Guide
Plan.
Adopted this 21st day of March, 1989.
i
1 ,..I',: ':l►
Steve Toombs, Chairman
ATTEST:
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P O. BOX 510
I 141 C� 2875 -145TH ST W
R OSEMOUNT. MINNESOTA 55068
g?osemouni 612- 423 -4411
Planning Commission
REGULAR MEETING MINUTES APRIL 4, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission
was duly held on April 4, 1989 at 5:00 p.m. Chairman Toombs called the meeting to order
with members Hathaway, Huntington, Meyer and Jacobson present. Also present was
Community Development Director Dean Johnson, City Planner Michael Wozniak and
Economic Development Specialist Tracie Pechonick.
MOTION by Meyer to approve the March 21, 1989 Regular Meeting Minutes as printed.
Second by Hathaway. Ayes 5, Nays 0.
City Planner Wozniak reviewed with the Commission a previous discussion held at the
February 7, 1989 meeting regarding the concept whether to allow commercial development
on property other than what has been identified in the Rosemount Comprehensive Guide
Plan. Since no consensus by the Planning Commission was reached, it was requested that
this item be placed on a future agenda for further discussion. At that time it was the
Staff's position to support the City's Land Use Policy as stated in the guide plan which
promotes growth and expansion of downtown Rosemount as the community shopping center
with neighborhood center proposals located in districts designated in the guide plan as
appropriate for commercial development.
This discussion was initiated by a proposal from developer Herb Wensmann for a commercial
development on approximately 25 acres in Section 31 south of County Road 42, west of
Shannon Parkway and to the north of Wensmann Additions. Mr. Wensmann, Virgil
Anderson, Per Dahlstrom, architect, and the property owners were present to expand upon
their proposal for a 170,000 square foot closed mall concept. It was noted that the
developer is proposing a transition /buffer zone consisting of multiple housing between the
single family development and proposed commercial area. Mr. Wensmann maintained that
the subject parcel is not suitable for residential development because of it's proximity to
County Road 42. Mr. Dahlstrom explained some of the details regarding aesthetics and an
architectural theme that he felt would add to a small town atmosphere. He added that a
commercial development at the western Rosemount boundary would serve as a traffic
generator bringing in customers from neighboring communities toward downtown Rosemount.
Marie Jensen was also present and supported the theory that a mall such as the one
proposed would be complimentary to the small town concept.
Community Development Director Dean Johnson informed the Commission an amendment to
the Rosemount Comprehensive Guide Plan and approval of the rezoning would be required
before the City could formally accept this proposal for further discussion. Johnson also
stated that a recent Citizen Attitude Survey of Rosemount citizens concluded that residents
want to protect the central business area and small town atmosphere. The Rosemount
Comprehensive Guide Plan's growth plan emphasizes orderly and contiguous development
which prevents premature installation of utilities, a great cost concern for the City, and
discourages strip commercial developments and spot zoning. To approve commercial use of
this noncontiguous site would be an endorsement of leap frog development and a departure
from City Policy.
Commissioner Jacobson stated he supports and promotes the City's Land Use Policy and
agreed that the small town character should be preserved as was revealed by the Citizen
Attitude Survey to be the wishes of the majority of Rosemount residents.
Regular Planning Commission Meeting Minutes
April 4, 1989
Page Two
Commissioner Huntington stated that Rosemount residents have also indicated they want
retail development in Rosemount for shopping purposes adding that he felt a shopping mall
would be an asset to the community. The "small town" could be preserved along with a
mall development to satisfy the needs of the whole population.
MOTION by Huntington recommending further discussion and study by staff and Council for
interest of the concept for commercial development at Rosemount's western boundary.
Second by Toombs. Ayes: Hathaway, Huntington, Toombs, Meyer. Nays: Jacobson.
City Planner Michael Wozniak presented a preliminary plat for Valley Oak Addition Replat
No. 2 for Planning Commission approval. This plat proposes division of Outlot C, Valley
Oak Addition Replat into four parcels to allow construction of a quad home. Current
zoning of this site is RM Multiple Residential and meets all zoning and subdivision
ordinance requirements.
MOTION by Toombs to recommend approval of the Valley Oak Addition Replat No 2
preliminary plat subject to park dedication recommendation. Second by Huntington. Ayes
5, Nays 0.
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
5:55 p.m.
Respectfully sub itted,
04 44 1-1
Donna Quintus
Recording Secretary
P.O. BOX 510
2t y
2875 -145TH ST. W.
ROSEMOUNT MINNESOTA 55068
osern ouni 612- 423 -4411
Planning Commission
REGULAR MEETING MINUTES APRIL 18, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission
was duly held on April 18, 1989 at 5:00 p.m. Chairman Toombs called the meeting to order
with members Hathaway, Huntington, Meyer and Jacobson present. Also present was
Community Development Director Dean Johnson and City Planner Michael Wozniak.
MOTION by Meyer to approve the April 4, 1989 Regular Meeting Minutes as printed.
Second by Toombs. Ayes 5, Nays 0.
At the request of Mayor Hoke, City Planner Wozniak discussed with the Commission the
prospect for publication of the Planning Commission Agenda in the Dakota County Tribune
and This Week in conjunction with the Council Agenda. This would better inform the
public of Planning Commission issues and provide citizens the opportunity to attend
meetings when there is discussion of topics that may be of interest to them.
MOTION by Toombs recommending that City Council authorize publishing of the Planning
Commission Agenda. Second by Huntington. Ayes 5, Nays 0.
Jim and Jerry Anderson, AAA Auto Salvage, presented a final site plan for their auto
salvage business proposed to be located on a 20 -acre parcel east of TH 3 and Gas Supply,
Inc. with intended access onto 160th Street West. An earlier review of a concept plan for
this type of business operation met with a favorable consensus by the Planning Commission
that the proposed site was appropriate for this use. City Planner Wozniak noted
modifications to building size and aesthetic treatment from the original site plan. The
Andersons are proposing to construct a 120' x 300' structure configured with the longer
dimension fronting on 160th Street West. This represents an increase from a 9,000 sq. ft.
to a 36,000 sq. ft. structure.
The Andersons have worked with City Staff in an effort to make the appearance of the
structure more aesthetically appealing and have come up with a proposal that is very
acceptable to Staff. All visible sides of the structure are treated with a combination of
break -off block and metal siding. The plan also includes an 8 -foot vertical board fence
which completely encloses the auto storage area. The plan submitted represents a
substantial effort to meet proposed zoning ordinance requirements.
In review of the landscape plan, Staff is recommending the following additions to the
proposal: 1) a 4 -foot earthen berm along the entire fence perimeter; 2) the continuation
of plantings along the western boundary to the northern lot line; and 3) 40 additional
shade trees along the north and west site boundaries.
Jerry Anderson requested a timetable of one year for completion of the fence and
landscaping. Planner Wozniak recommended a Letter of Credit be required should these
items not be completed by June 1, 1990. He further recommended the Letter of Credit be
equal in value for the completion of the project with a deadline of December 31, 1990.
MOTION by Huntington to approve the AAA Auto Salvage site plan subject to Staff
411 recommendations for additional berming and landscaping, rezoning and approval of the
metes and bounds division. Second by Toombs. Ayes 5, Nays 0.
Regular Planning Commission Meeting Minutes
April 18, 1989
Page Two
City Planner Wozniak reported that the AAA Auto Salvage site is currently part of an 80-
acre parcel in Section 32, Range 19. A Certificate of Survey has been received along with
a request to divide off 20 acres of the 80 -acre parcel to accommodate the auto salvage
operation. The proposed parcel meets all zoning and subdivision ordinance requirements.
MOTION by Toombs to recommend approval of the AAA Auto Salvage property division as
requested. Second by Meyer. Ayes 5, Nays 0.
Planner Wozniak advised that the proposed zoning ordinance includes a process and
requirements for allowing salvage operations in the I -GEN District. However, in the
current Zoning Ordinance such operations are not allowed. Because of the timing of the
approval of the proposed ordinance and schedule for the construction of the AAA Auto
Salvage proposal, it is necessary to amend the current Zoning Ordinance text to include
salvage operations as an allowed use in the I -GEN District. Planner Wozniak noted that, in
the rough draft of the proposed ordinance such business activities were referred to as Junk
and Salvage Operations. A modification has been made in which they are now identified as
Recycling Operations. A definition has been added for Recycling Operations, and also
includes permit requirements and stringent development and operating standards. These
requirements allow the City more control and regulation over such operations.
Commissioner Jacobson questioned whether the definition for Recycling Operations should
be more restrictive fearing it may be interpreted to include waste burning sites and waste
to- energy operations.
MOTION by Huntington to table action on the zoning text amendment until the next
Regular Meeting to allow staff to present a more restrictive definition for Recycling
Operations. Second by Toombs.
Community Development Director Dean Johnson explained that such incineration facilities
are clearly precluded from the definition as it does not provide for recycling of wastes-
it burns it He noted further, however, that state law has given counties the right to
circumvent local ordinance for solid waste activities.
Councilman Wippermann was in the audience and advised the Commission that Council had
the opportunity to review and discuss the proposed ordinance text amendment and were in
agreement that the language was acceptable as proposed. Council authorized Staff to go
ahead with publishing the amendment and the posting of notices for a public hearing.
After further discussion the MOTION and Second were withdrawn.
MOTION by Huntington to recommend to City Council approval of the Zoning Ordinance
text amendment to incorporate the changes as presented which would list Recycling
Operations as a permitted use in the I -GEN District. Second by Toombs. Ayes 5, Nays 0.
MOTION by Huntington to recommend to City Council approval of the rezoning of the
proposed AAA Auto Salvage site from AG Agriculture to I -GEN General Industrial. Second
by Hathaway. Ayes 5, Nays 0.
The City has received a petition from Al Monk to rezone a 1.6 -acre parcel from C -2
Community Commercial to C -3 Highway Service Commercial. This parcel is located on the
east side of TH 3, directly across from Mr. Monk's present auto service business. It is Mr.
Monk's desire to construct an auto service center on this site and possibly relocate his
present business on this property. The City has informed Mr. Monk that a rezoning to C -3
Highway Service Commercial is necessary to allow development of his auto service center
on this site.
Regular Planning Commission Meeting
April 18, 1989
Page Three
In an evaluation of this request, Staff has raised some critical issues regarding the use of
this property for commercial purposes and has expressed some interest in possibly
relocating all businesses along this strip. It was noted that this property has been
designated for public use in the Rosemount Comprehensive Guide Plan, which appears to be
appropriate, given the existing and proposed Institutional and Public uses surrounding the
property. In addition, the current C -2 zoning of this parcel is non conforming in the
sense that it does not meet ordinance criteria because there are no public utilities
available. It was noted, however, that a building permit could be issued for a C -2
permitted use should the septic system be found adequate for the needs of that business.
Staff requested the Commission table action on the rezoning request to allow further study
and review of the proposal. In review of the recommendations of the Urban Design Team,
results of the Citizen Attitude Survey and the Comprehensive Guide Plan, Staff feels there
are significant implications if this property were to be rezoned. It would be a promotion
of an island of commercial development completely detached from other commercial
activities and surrounded by Public and Institutional uses. Staff would like to meet with
Mr. Monk to see if an acceptable solution can be worked out.
Mr. Monk stated he is willing to discuss alternative ways for accommodating the relocation
of his business within the City of Rosemount. However, he expressed desire for expedience
in a solution so as to begin construction this year.
MOTION by Jacobson to table action on the proposed rezoning petition until the next
Regular Planning Commission Meeting to allow Staff to meet with Mr. Monk to reach an
acceptable solution. Second by Meyer. Ayes 5, Nays 0.
The Valley Oak Addition Replat No. 2 final plat was presented for approval. All ordinance
and subdivision requirements have been met.
MOTION by Huntington to recommend approval of Valley Oak Addition Replat No. 2 final
plat. Second by Toombs. Ayes 5, Nays 0.
Commissioner Jacobson informed the Commission of a USPCI Public Hearing on Monday,
April 24, 1989 at 7:00 p.m. at the Rosemount High School. This public hearing is sponsored
by Metropolitan Council and is regarding the USPCI Environmental Impact Statement (EIS).
MOTION by Toombs to adjourn. Second by Hathaway. There being no further business to
come before this Commission and upon unanimous decision this meeting was adjourned at
6:15 p.m.
Respectfully su• itted,
Donna Quintus
Recording Secretary
P.O. BOX 510
"Y 7 2875 -145TH ST. W.
Ose Du n� ROSEMOUNT. MINNESOTA X 612-423-4411
510
!I c 6
0 1 1 111
Planning Commission
REGULAR MEETING MINUTES MAY 2, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission
was duly held on May 2, 1989 at 5:00 p.m. Acting Chairman Huntington called the meeting
to order with members Hathaway, Meyer and Jacobson present. Also present was
Community Development Director Dean Johnson and City Planner Michael Wozniak.
MOTION by Hathaway to approve the April 18, 1989 Regular Meeting Minutes as printed.
Second by Meyer. Ayes 4, Nays 0.
City Planner Michael Wozniak introduced Maryann Stoffel who has accepted the full -time
support staff position in the Community Development Department. This position became
available upon the resignation of Rhonda Weber. Maryann was on 3 -month temporary
assignment in the secretarial position during Rhonda's maternity leave and adapted quickly
to her duties and exhibited excellent qualifications for this position. Maryann assumed her
full -time status on April 17, 1989. The Commission welcomed and congratulated Ms. Stoffel
on her new position with the City of Rosemount.
Planner Wozniak informed the Commission that Staff has been in contact with Al Monk to
discuss the prospect of relocating his commercial development to a site more commercially
compatible than that which has been proposed. Mr. Monk has expressed an interest in
other options and Staff will continue to investigate available alternatives. The Commission
will be updated on progress and /or decisions as they occur.
City Planner Michael Wozniak led a discussion regarding the Thorson /Lund commercial
development proposal for the site located at the northwest intersection of County Road 42
and South Robert Trail. As a result of the neighborhood meeting and concerns expressed
by abutting residents, City Administrator Stephan Jilk has informed the property owners
that a traffic and storm water study will be required to determine impacts on surrounding
properties as a result of the proposed commercial development. The consultants for these
studies have been chosen by the City to ensure an objective study and the developers have
agreed to funding the cost of these studies. The City has agreed to 50% participation in
the cost of the storm water study due to existing storm water related problems in this
neighborhood. Recommendations by Staff regarding the development proposal will be based
on the findings of these studies which will be made available to the Commission upon their
completion.
A request from Planning Commissioner Ron Jacobson has prompted the coalition of
Economic Development Specialist Tracie Pechonick and City Planner Michael Wozniak to
prepare an informational document for existing and potential development /rehab projects in
the City. Commissioner Jacobson further requested this report identify the principal
factors that affect development in the downtown area and, if these factors are limiting, a
summary of solutions that the City can do to alleviate some of the problems. This
document will outline general procedures for financial assistance from the City for the
development of sites with retail and /or industrial potential. It will explain existing
programs and explore other programs that could be implemented.
Regular Planning Commission Meeting Minutes
May 2, 1989
Page Two
Theresa Krech, 12050 Dodd Boulevard, was present to discuss the operation of several
businesses out of pole barns located at the intersection of 120th Street West and Dodd
Boulevard. After an investigation, Ms. Krech discovered these structures were permitted by
the City of Eagan. After conversations with Eagan personnel it was determined that their
ordinance does not allow these business activities. These uses were originally requested as
a Conditional Use Permit (CUP), but were disallowed by the City of Eagan. However,
these commercial activities have been allowed to continue with no effort by the City of
Eagan to terminate them.
Ms. Krech produced a rough document showing structure locations in which some of the
buildings appear to be located within City of Rosemount jurisdiction. Ms. Krech has
requested the City of Rosemount's assistance and backing in pursuing enforcement of both
Eagan and Rosemount ordinances to terminate commercial activities on the subject property.
After discussion, it was the general consensus of the Commission that Staff should request
the property owner cease commercial activities and provide a survey verifying structure
locations. If such survey confirms encroachment of buildings within the City of
Rosemount, the owner should be mandated to conform to City of Rosemount ordinance
requirements.
The Matilda Swanson Estate has requested two 10 -acre parcel divisions by metes and
bounds description from a 60 acre parcel located on the east side of Akron Avenue and
north of County Road 38. The resulting parcels meet all zoning and subdivision ordinance
requirements. The City has also requested an additional 17 feet of street easement be
dedicated to allow for future expansion of Akron Avenue. This request is consistent with
previous property division approvals in this area
MOTION' by Hathaway recommending approval of the division by metes and bounds
description of two ten -acre parcels from the Swanson property subject to the dedication of
an additional 17 feet for street easement. Second by Meyer. Ayes 4, Nays 0.
MOTION by Jacobson to adjourn. Second by Huntington. There being no further business
to come before this Commission and upon unanimous decision this meeting was adjourned at
6:05 p.m.
Respectfully submitted,
Donna Quintus
Recording Secretary
P.O. BOX 510
City U 2875 -145TH ST W.
R OSE MOUNT. MINNESOTA 55068 12- 423 -4411
®s em �un 6
Planning Commission
REGULAR MEETING MINUTES MAY 16, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was
duly held on May 16, 1989 at 5:00 p.m. Chairman Toombs called the meeting to order with
members Huntington and Meyer present. Also present was City Planner Michael Wozniak.
MOTION by Huntington to approve the May 2, 1989 Regular Meeting Minutes as printed.
Second by Meyer. Ayes 3, Nays 0.
City Planner Wozniak presented a brief update on the status of City Council review of the
proposed zoning ordinance. Review procedure began by Staff identifying major issues
discussed by the Planning Commission followed by submission of written questions by the
Council for clarification /explanation by Staff at subsequent meetings. A final draft of the
proposed zoning ordinance is anticipated following a Special Council Meeting scheduled for
May 31, 1989 to resolve final issues.
The Commission reviewed the Chelsea Woods Estates preliminary plat. The proposed
subdivision consists of eight lots averaging five acres in size on a 40 -acre wooded parcel
located due north of Shannon Parkway and CR 38 (125th Street West) with access to the
subdivision offset to the east of the Shannon Parkway /125th Street intersection. The
subdivision includes two streets constructed with concrete curb and gutter to reduce grading
activity and tree loss. A temporary cul -de -sac is situated at the north end of the property
which would provide for future street extension.
City Planner Michael Wozniak advised that the proposed subdivision meets all zoning and
subdivision ordinance requirements with the exception of Lot 2, Block 2 which does not
meet required 150' frontage at the setback. Mary Eggum, developer, has submitted a
variance petition which will address this subject at the public hearing scheduled for this
same evening.
MOTION by Huntington recommending to Council approval of the Chelsea Woods Estates
preliminary plat subject to:
1. Approval of the Variance Request applying to Lot 2, Block 2;
2. Approval of rezoning of the property from AG Agriculture to RR Rural
Residential;
3. Recommendations of reviewing agencies;
4. Executed Development Agreement.
Second by Toombs. Ayes 3, Nays 0.
MOTION by Huntington to recommend to City Council approval of the Chelsea Woods
Estates rezoning from AG Agriculture to RR Rural Residential. Second by Meyer. Ayes 3,
Nays 0.
Chairman Toombs recessed the Regular Planning Commission Meeting and opened the Board
of Appeals and Adjustments to conduct a scheduled public hearing for the request of Mary
Eggum, developer, for a variance to frontage requirements.
Chairman Toombs opened the public hearing at 5:30 p.m. City Planner Wozniak had in his
possession Affidavits of Publication and Posted and Mailed Hearing Notice.
Regular Planning Commission Meeting Minutes
May 16, 1989
Page Twi
Mary Eg ‘112 to request a reduction of frontage requirements for Lot
2, Block Woods Estates subdivision. Frontage at the setback on
this lot lential District 150' frontage is required. City Planner
Wozniak ///;e-elf/I lot measures approximately four acres in size and fronts
on a cul ned the Board that the logical and suitable homesite on
this pie far back where lot width exceeds 150'.
In their Icvicw Staff has concluded that there would be no benefit
to the City or improvement of the subdivision should this request be denied. Undue
hardship is demonstrated by the developer in the unreasonable mandate of the City to
require 150' frontage on Lot 2, Block 2 since it does not improve nor better serve the
purposes of the zoning ordinance. There were no other comments from the audience.
Chairman Toombs closed the public hearing at 5:40 p.m. to allow action by the Board on the
variance request.
MOTION by Toombs to approve the variance to minimum lot frontage on Lot 2, Block 2,
Chelsea Woods Estates to allow 85' lot frontage rather than the 150' frontage requirement.
Second by Huntington. Ayes 3, Nays 0.
Chairman Toombs closed the Board of Appeals and Adjustments and reopened the Regular
Planning Commission Meeting.
City Planner Wozniak informed the Commission that the Brockway Golf Club is proposing to
build a new clubhouse. More details are needed on the site plan submitted by the owner.
The project architect has been contacted and will provide more information for the next
Regular Planning Commission Meeting on June 6, 1989.
Bob Westin, representative for the Rosemount American Legion Club, was present to discuss
and review a proposed expansion and improvement of their existing facility located on Burma
Avenue. The proposed project includes the razing of two existing single family structures,
currently owned by the Legion Club, and located within the "Legion" 'block to allow
expansion of the existing parking lot. However, the proposed Legion addition will cause
variance to parking and setback requirements.
The completed structure, as proposed, would require a total of 108 parking spaces, based
upon assumed capacity of the structure to meet minimum ordinance requirements for the C-
2 District (1 parking space per 3 seats for assembly areas). There is potential for on-
street parking, however these additional spaces can only be addressed and recognized by
variance procedure. The building addition would place the structure on the property line at
the southerly and easterly boundaries of the site causing a variance to setback requirements.
Significant aesthetic improvement of the existing structure is shown to include a mix of
metal, brick and stucco. As part of the proposal, the Legion is requesting participation by
the City in street improvement, sidewalk, and curb gutter replacement. The property is
located within the tax increment district and, therefore, eligible for funds for site
improvement. This would require action by City Council and Rosemount HRA.
Staff recommends withholding action on the Legion Club site plan until having considered a
variance to address parking and setback issues.
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
6:05 p.m.
Ref ectfully s bmitted,
f
Donna Quintu
Recording Secretary
P.O. BOX 510
110+ ety 2875 -145TH ST W Og?semouni ROSEMOUNT. MINNESOTA 55068
612- 423 -4411
Planning Commission
REGULAR MEETING MINUTES JUNE 6, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission
was duly held on June 6, 1989 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.
The agenda was amended to include Item 3a. USPCI Tour Site Visit.
MOTION by Hathaway to approve the May 16, 1989 Regular Meeting Minutes as printed.
Second by Meyer. Ayes 4, Nays 0.
Chuck Novak, Architect, and several Legion members were present to discuss and request
site plan approval for the expansion of the existing Legion Club facility located at 14590
Burma Avenue. The project consists of a substantial addition to the existing clubhouse
structure with improved exterior treatment using a mixture of brick and masonry and an
enlargement of the parking area increasing parking to 96 spaces.
City Planner Michael Wozniak provided the Commission with a brief history of the
American Legion project noting that a similar plan was proposed in 1984 and again in 1986,
but had been abandoned due to financial reasons. As of this date, acquisition of additional
property to expand parking and an improved financial situation have resulted in
reactivation of the project by the applicant.
In review of the original proposal, staff required site improvements which consisted of
curb, gutter and sidewalk replacement upon which an agreement was negotiated for 50%
financial participation from the City for these improvements. Staff recommends that such
site improvements continue to be a condition for the approval of the site plan currently
being proposed. The potential to utilize tax increment funds to assist in financing the
necessary street improvements must be addressed and meet funding approval by the
Rosemount Housing and Redevelopment Authority.
Staff also recommends slight modifications to the proposed clubhouse structure, a
realignment of the parking area to increase the green area along 145th Street, additional
tree plantings and the removal of two curb cuts for safety reasons. It was further noted
that this proposal does not meet minimum ordinance requirements for parking and yard
setback. These items will be addressed at a public hearing scheduled for 6:00 p.m. this
same evening.
Commission members discussed the site plan and unanimously agreed that the proposed
structural exterior treatment and landscaping plan represented a significant improvement of
the property.
Bill Jacobson, Wm. Jacobson Associates, presented a preliminary plat for Limerick Way
Townhouses Phase II. The four 8 -unit structures will be situated on a 2.72 -acre lot with
access onto Dodd Boulevard and located to the south of the first phase of Limerick Way
Townhouses.
Regular Planning Commission Meeting
June 6, 1989
Page Two
City Planner Michael Wozniak advised that parking and density meet ordinance requirements
S and building aesthetics are comparable to those approved in Limerick Way Phase I.
However, City Engineer Rich Hefti has required a 40 -foot street easement, an additional
seven feet, along Dodd Boulevard for future development of Dodd Boulevard as an urban
street. This would require adjustment of the proposed structures seven feet to the north
to meet the minimum 30 -foot setback requirement. There is sufficient lot area to
accommodate building reconfiguration to meet required yard setbacks as well as structure
separation. A detailed landscape plan will be submitted at a later date.
Commissioner Jacobson recognized that during review of a Concept Plan for the vacant
acreage surrounding Shannon Park Townhouses in September of 1988, the Planning
Commission recognized this area of rental housing (between Shannon Parkway /Dodd Blvd./
145th St) as being unique in Rosemount and as having special needs in respect to
recreation facilities. He further mentioned that this matter was addressed at a joint
Planning Commission /Park Recreation Committee Meeting on September 19, 1988.
Commissioner Jacobson asked that the following motion made by the Park Recreation
Committee on that date be made part of these proceedings;
A motion was presented by Winslow and seconded by Lorentzson stating: to
accept the proposal for the Limerick Townhouses based on including the 1 -1/2
acre park developed in the future east of the development as shown on the plat
drawing." All voted in favor of the motion.
Commissioner Jacobson further referenced Planning Commission discussion regarding the
Limerick Way preliminary plat /site plan and asked that those comments described in the
minutes of the September 20, 1988 Planning Commission be reiterated as part of these
proceedings. Comments from the September 20, 1988 Planning Commission Meeting have
been included below
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
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.
Regular Planning Commission Meeting
June 6, 1989
Page Three
MOTION by Toombs to approve the Limerick Way Phase II preliminary plat subject to:
1) Additional seven feet of right -of -way along Dodd Boulevard;
2) Detailed engineering recommendations;
3) Site plan approval;
4) Bike trail construction along Dodd Boulevard;
5) Park dedication recommendation;
6) Executed Subdivision Development Contract, and
further, to recommend to City Council rezoning of the parcel from AG Agriculture to RM
Multiple Residential. Second by Hathaway.
Developer Bill Jacobson stated an objection to the additional Dodd Boulevard right -of -way
requirement explaining a readjustment of the buildings would affect the tot lot and tennis
courts proposed to the north of the buildings. City Planner Wozniak advised that approval
of the preliminary plat, as presented, could only be addressed through PUD or variance
procedure.
Vote on the MOTION: Ayes 4, Nays 0.
The Commission reviewed a site plan and building elevations for a new 1,000 square foot
Brockway Golf clubhouse owned by Wintz Trucking. Exterior treatment of the structure
consists of wood siding and an asphalt shingled roof with a glass /screened area overlooking
the golf course. City Planner Michael Wozniak advised that setbacks, parking and the use
of existing landscaping exceed minimum ordinance requirements. The clubhouse is
recognized as an allowed accessory use of the existing golf course.
MOTION by Toombs to approve the site plan for the construction of the Brockway Golf
clubhouse as presented. Second by Jacobson. Ayes 4, Nays 0.
Chairman Toombs recessed the Regular Planning Commission Meeting and opened the Board
of Appeals and Adjustments to conduct a scheduled public hearing for variance to minimum
yard setback and parking requirements as requested by the Rosemount American Legion
Club.
Chairman Toombs opened the public hearing at 6:30 p.m. City Planner Wozniak had in his
possession Affidavits of Publication and Posted and Mailed Hearing Notice.
City Planner Wozniak advised the Commission that the expansion project as proposed by
the Rosemount American Legion Club includes enlargement of the assembly area and
creation of office components within the facility. Based upon assumed capacity of the
additional area a minimum of 106 parking spaces are required to meet minimum ordinance
requirements for the C -2 District. There are 96 parking spaces provided on -site. Staff
recommendation for the removal of two curb cuts and increased setback along 145th Street
will result in a reduction of 4 -8 spaces. However, there are up to 20 on- street parking
spaces available with the potential for overflow parking in the adjacent City Hall parking
lot for use during special Legion Club events which are typically held on weekends and
evenings.
The proposed expansion will also cause the building to extend up to the property line on
the south and east sides. Although the structure setbacks proposed are comparable to
typical setbacks existing in C -2 Districts, ordinance requires that yard setbacks meet an
average of those existing for the entire block. In the case of the Legion block, 10' is the
average setback. Staff recommends consideration be given to the fact that the Legion
currently owns the entire block, therefore, other properties are not affected by setback
encroachment, and, further, the proposed expansion of the building is being proposed in the
only logical location.
Regular Planning Commission Meeting
June 6, 1989
Page Four
Bill, and Susan Tix and Mike Smolak, Burnley Avenue residents, Tom Wilson, Burma Avenue
property owner, and a written statement from Mary Hickey, 14635 Burma Avenue, raised
several concerns regarding the Legion Club expansion proposal including noise from existing
outside coolers; increased garbage and debris generated from Legion patrons; increased
traffic hazards; and headlight beam into residential homes during evening Legion activities.
Concern was also expressed regarding impact upon residential front yards should Burnley
Avenue be upgraded.
Planner Wozniak addressed the concerns of the neighborhood noting that the existing
outside cooler units would be completely contained within the proposed building and any
outside storage or garbage dumpsters will be required to be completely enclosed as part of
site plan approval. Wozniak suggested that the potential exists to partially screen
headlights with landscaping and /or fence. This can be addressed by the Planning
Commission in their site plan review. All efforts are being made to reduce traffic hazards.
The City engineer has addressed traffic flow within and to the Legion site and has made
recommendations that should reinforce traffic safety. Street and sidewalk improvements
will also contribute to safer and more defined maneuverability on the site perimeter.
Utility improvements will be restricted to the Legion block and will not jeopardize existing
residential front yards.
Chairman Toombs closed the public hearing at 6:40 p.m. to allow action by the Board on
the variance requests.
MOTION by Toombs to approve the variance to structure setback along 146th Street and
Burma Avenue and the variance to minimum parking requirements as requested by the
Rosemount American Legion Club. Second by Hathaway. Ayes 4, Nays 0.
III Chairman Toombs closed the Board of Appeals and Adjustments and reopened the Regular
Planning Commission Meeting.
MOTION by Hathaway to approve the Rosemount American Legion Club site plan subject to
the following:
1) Elimination of curb cuts closest to 145th Street along Burma and Burnley Avenue;
2) Adequate enclosure of rooftop mechanical equipment;
3) Doorsteps for emergency egress door completely contained within structure;
4) Increased 5 -foot setback along 145th Street;
5) Landscape revisions as recommended by Staff; and
6) Utility improvements to include curbs, gutters, sidewalks and egress driveways.
Second by Meyer. Ayes 4, Nays 0.
City Planner Wozniak informed the Commission that U.S. Pollution Control, Inc. (USPCI) is
sponsoring a tour of their industrial waste containment facility in Oklahoma. The tour will
take place on July 10th and 11th. Council has suggested that one or two Planning
Commission members be included in the tour for a better understanding of the company's
process for industrial waste containment. The Commission should notify the City if there
is an interest in attending.
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
III 6:48 p.m.
ill Re- iectfully s fitted,
Donna Quintu
Recording Secretary
June 5, 1989
Planning Commissi.on
City of Rosemount:
2875 145th Street West
Rosemount, Minnesota 55068
Gentlemen:
I have received notice that the Planning Commission of the City of Rose-
mount will condu, :t a public hearing on Tuesday, June 6, 1989, for the
purpose of considering the Variance Petition of the American Legion
Club, 14590 Burma Avenue, requesting two zoning ordinance requirements
be varied.
Since I am physically unable to attend the public hearing, by means of
this letter I would like to go on record as being opposed to granting
this Variance Petition.
The American Legion Club owns the entire block where their building is
now standing. Let them use that property for their extension instead of
moving their building back to the end of their property on the south-
east corner.
Very truly yours,
Mrs. Blanche Hickey
14635 Burma Avenue
Rosemount, Minnesota 55068
P.O. BOX 510
0141 City of
2875 -145TH ST. W.
QseV n R OSEMOUNT. MINNESOTA 55068
L! B l 612- 423 -4411
Planning Commission
REGULAR MEETING MINUTES JUNE 20, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission
was duly held on June 20, 1989 at 5:00 p.m. Chairman Toombs called the meeting to order
with members Hathaway, Meyer and Jacobson present. Also present was City Planner
Michael Wozniak.
The agenda was amended to include Item 5a. Limerick Way Park Dedication Funds.
MOTION by Jacobson to approve the June 6, 1989 Regular Meeting Minutes as printed.
Second by Meyer. Ayes 4, Nays 0.
MOTION by Toombs to cancel the July 4, 1989 Regular Planning Commission Meeting due to
the holiday. Second by Meyer. Ayes 4, Nays 0.
City Planner Wozniak had provided replacement sheets for the proposed zoning ordinance
reflecting modifications of the current draft which have occurred as a result of several
City Council review sessions. Planner Wozniak referred to a handout outlining all proposed
revisions and summaries of the Council review sessions. It was noted that Council has
recommended only minor changes with no significant policy changes.
Proposed zoning ordinance discussion was suspended at this time in order to continue with
scheduled agenda business items.
William Jacobson, developer, presented a revised site plan and detailed landscaping plan for
Limerick Way Townhouses Phase II, which is to be identified as Limerick Crossing. The
Planning Commission previously approved the preliminary plat and rezoning for the 32 -unit
rental townhouse project subject to site plan approval. Concerns regarding structure
setbacks, additional right -of -way along Dodd Boulevard and landscaping details have been
addressed in the revised plan submitted with the exception of a provision for a bike trail
along Dodd Boulevard.
City Planner Wozniak noted that one structure, which is situated to within 20 feet of the
property line along the northern boundary, remains as originally proposed. Mr. Jacobson
justified the 10 -foot encroachment stating that the 50 -foot structure separation from those
in Limerick Way Phase I is more than adequate and this subdivision is an extension of the
first phase all under one ownership. Mr. Jacobson added that the current 40 -foot setback
along Shannon Parkway exceeds the minimum 30 -foot requirement in addition to the
adjusted setback for additional right -of -way along the southerly boundary.
MOTION by Jacobson advising the developer to seek a variance to structure setback
requirements along the northerly boundary of Limerick Way Phase II. Second by Toombs.
Ayes 4, Nays 0.
Limerick Way Phase II site plan discussion resumed. City Planner Wozniak advised that the
City policy has been to require construction of sidewalks /trails along city streets when
subdivision occurs. Wozniak advised that because of density a more significant trail system
is warranted for this area. The developer requested consideration to escrow funds for
future construction of the 8 -foot bituminous trail /sidewalk due to the ditch contours which
currently exist along Dodd Boulevard.
Regular Planning Commission Meeting
June 20, 1989
Page Two
S City Planner Wozniak noted that the developer intends to plant a total of 71 deciduous
shade trees which exceeds the minimum proposed zoning ordinance requirement (44 trees).
However, the total plantings will occur in a phased process with only 21 of these trees
planted at the time of construction. Staff recommends the planting of at least 32 two -inch
caliper shade trees (one per unit) at the time of construction and allow the additional
proposed plantings to follow. The Commission was in agreement that aesthetic treatment
of the structures, which resembles those in Limerick Way Phase I, is acceptable.
MOTION by Toombs to approve Limerick Way Phase II site plan subject to Staff
recommendations regarding trail /sidewalk construction, landscaping modifications and
favorable action on the request for variance to minimum structure setback. Second by
Meyer. Ayes 4, Nays 0.
Discussion of the proposed zoning ordinance modifications resumed. In an effort to reduce
potential conflict with the C -2 (Downtown) and C -3 (Highway Service) Districts Council has
recommended prohibiting retail uses in the C -1 District, restricting uses to small
convenience stores and gas pumps. Commissioner Jacobson expressed his opinion that C -1
Districts should not allow gas pumps stating his belief that there is no merit in having gas
stations in neighborhoods.
City Planner Wozniak noted a significant change regarding accessory buildings located in
the AG Agriculture District east of Akron Avenue which provides for less stringent
aesthetic requirements and allows structures up to 2,400 square feet for agricultural
purposes. Planner Wozniak also advised that more language may be added under landfills in
response to the USPCI issue.
No action is being requested at this time, however, City Planner Wozniak advised that the
Planning Commission familiarize themselves with the proposed zoning ordinance and identify
any major concerns in preparation for their final recommendation.
The Chelsea Woods Estates Subdivision was presented for final plat approval. All minimum
Zoning and Subdivision Ordinance requirements have been met with the exception of lot
frontage on Lot 2, Block 2 for which "a variance has been approved through public hearing
procedure.
MOTION by Hathaway recommending to City Council approval of Chelsea Woods Estates
final plat subject to an executed Subdivision Development Contract. Second by Toombs.
Ayes 4, Nays 0.
Commissioner Jacobson requested discussion regarding park dedication funds in relationship
to the approval of Limerick Way Phase II. Jacobson noted that in earlier discussions both
the Planning Commission and the Park and Recreation Committee recognized the need for
park space adjacent to the high density multiple dwelling development proposed for this
area. This recognition reinforces the guidelines provided for in the Rosemount
Comprehensive Guide Plan relative to residential land use in the Urban Service Area.
Commissioner Jacobson requested Planning Commission reconsideration in action taken
where approval for this subdivision was subject to park dedication recommendation to
collect cash in lieu of land which is then committed to a general park fund. Jacobson
suggested that approval of Limerick Way Phase II should specify that park dedication
monies be dedicated to future development of a park space adjacent to this multiple family
development area.
City Planner Wozniak stated that Staff supports the policy that it is advantageous to
maintain as much flexibility as possible in terms of where park funds can be spent to allow
monies to be directed to wherever the need is greatest. City Administrator Stephan Jilk
Regular Planning Commission Meeting
June 20, 1989
Page Three
added that the Park and Recreation Committee has shown an interest in the use of park
funds for development of trails on both sides of Dodd Boulevard to improve access and
increase safety to the two public parks already established in this area. Planner Wozniak
further noted that the Park and Rec Committee endorsed the concept of a 1.5 -acre private
park in this area as the property east of the townhouses is developed, but did not express
interest in development of another City park.
Commissioner Jacobson reiterated his belief that it is the duty of the Planning Commission
to ensure provisions for adequate open public space immediately adjacent to this high
density area to meet the guidelines as set forth in the Rosemount Comprehensive Guide
Plan.
MOTION by Jacobson to recommend to City Council and the Park and Recreation
Committee that the park dedication funds of $10,240 acquired from Limerick Way Phase II
be put into escrow until such time that either the developer, the developer in cooperation
with the City or the City has provided adequate park space adjacent to this area Second
by Meyer. Ayes: Jacobson, Meyer. Nays: Hathaway, Toombs. Motion defeated.
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
6:29 p.m.
Respectfully submitted,
A
Donna Quintus
Recording Secretary
P.O. BOX 510
et, of
2875 -145TH ST. W.
o serrnouni ROSEMOUNT. MINNESOTA 55068 12- 423 -4411
6
kW
Planning Commission
REGULAR MEETING MINUTES JULY 18, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission
was duly held on July 18, 1989 at 5:00 p.m. Acting Chairman Huntington called the
meeting to order with members Hathaway, Meyer and Jacobson present. Also present was
Community Development Director Dean Johnson and City Planner Michael Wozniak.
MOTION by Meyer to approve the June 20, 1989 Regular Meeting Minutes as printed.
Second by Hathaway. Ayes 4, Nays 0.
Acting Chairman Huntington suspended the order of the Agenda to accommodate those
present for discussion of New Business items.
The City has, received a site plan and building elevations from Cliff Carlson, developer, for
a 5,000 sq. ft. liquor store proposed to be located on a 1.09 -acre lot on the southeast
quadrant at the intersection of 151st Street and Chippendale Avenue. The C -3 zoning of
the existing parcel in South Rose Park Addition Replay is appropriate for the proposed use.
The plan also provides for future development of an additional 4,000 sq. ft. of retail space.
The site is bordered on two sides by public streets and shares a common private drive on
the north with the Holiday Station with a future private drive on the east to be shared
with the proposed shopping center.
City Planner Wozniak commented on several staff concerns and recommendations regarding
the plan submitted in which some items appear to be in noncompliance with zoning
ordinance requirements. Those concerns included the following: 1) multiple access to the
site; 2) relocation of the northerly main access; 3) determination of yard setback
requirements proposed from both private drives; 4) proposed parking spaces and alignment;
5) absence of a landscaping plan; and 5) engineering recommendations on the need for a
stormwater detention ponding area Only slight modifications were recommended regarding
aesthetic treatment which has been designed to compliment the future shopping center.
Action was deferred until the developer submits a landscape plan and incorporates staff
recommendations into the proposal.
City Planner Wozniak advised that, upon completion of both the Planning Commission and
City Council ordinance review process, Council is prepared to set a public hearing date for
adoption of the new zoning ordinance. This hearing will be set by Council for August,
1989. It is anticipated that two dates will be set to provide adequate opportunity for
public comment. However, as previously noted, the addition of language which creates a
new zoning district concerning landfills requires formal Planning Commission review for
completion of the final draft of the ordinance.
Community Development Director Dean Johnson provided the Commission with a summary of
the provisions of a newly created Waste Management District which specifically addresses
landfills such as the one proposed by USPCI, a waste containment facility. Johnson noted
that the new district basically allows Interim Use Permits and includes a method of making
it possible to allow the USPCI facility with strict safeguards to ensure the facility does
not represent an environmental hazard.
Regular Planning Commission Meeting
July 18, 1989
Page Two
Discussion ensued wherein Commissioner Jacobson expressed reservation as to whether the
City could truly terminate such an operation should enforcement of the permit standards
fail to produce ordinance compliance. Jacobson noted that possible difficulty exists in
monitoring such an operation as far as what materials will be deposited into the waste
containment facility. Commissioner Jacobson further questioned whether state or regional
official input should be sought regarding minimum regulation standards in order to
adequately address concerns for this type of facility.
Community Development Director Dean Johnson advised that creation of the Waste
Management District represents a joint effort of City staff, the city attorney, city
consultants and USPCI staff which sets up strict regulations for evaluation of a proposal
and, further, provides for the authority to demand compliance and enforcement of permit
standards.
Commissioners Toombs and Meyer, along with staff and councilmembers, will be touring a
USPCI facility in Oklahoma on July 20th and 21st. USPCI will also address the Planning
Commission at the August 1, 1989 Regular Planning Commission Meeting to discuss their
project. Staff recommends withholding action regarding the Waste Management District
until after these presentations are heard.
The new Shannon Park Elementary School development was presented for review and site
plan approval. The 30 -acre site, situated at the north end of the Country Hills
development and east of Shannon Parkway, consists of the school site and a community
scale city park. Construction of the project has already begun, however, formal Planning
Commission site plan review was unintentionally overlooked. It was noted that this project
has been designed in strict accordance with ordinance requirements and promises to be a
great amenity to the neighborhood and the City of Rosemount.
Acting Chairman Huntington suspended the Regular Planning Commission Meeting and
opened the Board of Appeals and Adjustments in order to conduct two scheduled public
hearings.
Acting Chairman Huntington opened the public hearing to receive input on the Variance
Petition submitted by Clay Adams. City Planner Wozniak had in his possession Affidavits
of Publication and Mailed and Posted Hearing Notice.
Clay Adams, 4045 125th Street West, was present to request a waiver to the 25 -foot side
yard setback requirement to allow erection of a 40 -foot high antique windmill 15 feet from
his east property line. The proposed location was selected due to the higher elevation
which would clear existing treetops and provide for optimum utilization of prevailing winds
from the northwest. Mr. Adams stated the function and purpose of the windmill, besides
being decorative, is to pump water into a small pond on his property.
City Planner Michael Wozniak noted he has been contacted by Karen Coffee, abutting
property owner, who has expressed concern regarding the potential liability should the
windmill structure fall onto her property. When questioned, Mr. Adams stated that
maintaining the 25 -foot setback would not cause a significant change in the functionability
of the windmill, however, this was not a desirable location since it would be nearer his
garage and require a more complex setup design with the need to construct a retaining
wall in that location.
There were no further comments from the audience.
Acting Chairman Huntington closed the public hearing to allow action on the Clay Adams
Variance Petition.
Regular Planning Commission Meeting
July 18, 1989
Page Three
MOTION by Huntington to deny the Clay Adams request for variance to the 25 -foot side
yard setback at 4045 125th Street as required in the AG Agriculture District. Second by
Jacobson. Ayes 4, Nays 0.
Acting Chairman opened the Public Hearing for discussion on the Variance Petition
submitted by Wm. Jacobson Assoc. City Planner Wozniak had in his possession Affidavits
of Publication and Mailed and Posted Hearing Notice.
William Jacobson, Limerick Crossing Developer, has requested a variance to allow one 8-
unit structure of his 32 -unit multiple family development to encroach 10 feet into the 30-
foot yard setback requirement along the north property line. City Planner Wozniak noted
that the Planning Commission approved the Limerick Crossing preliminary plat and site plan
contingent upon favorable action regarding this variance request. Mr. Jacobson has made
several significant modifications to the Limerick Crossing site plan as a result of city
requirements for additional right -of -way along Dodd Boulevard. This reconfiguration has
resulted in the encroachment into the northerly setback. It was also noted that a 50 -foot
separation is still maintained between the structures in Limerick Crossing and abutting
Limerick Way, In review of the site plan, the Planning Commission was in general
agreement that the variance should be approved.
There were no other persons present for comment.
Acting Chairman Huntington closed the public hearing to allow action on the Wm. Jacobson
Assoc. variance request.
MOTION by Jacobson to grant the variance request to allow a 20 -foot structure setback
along the northerly border of Limerick Crossing as requested by Wm. Jacobson Associates.
Second by Meyer. Ayes 4, Nays 0.
Acting Chairman Huntington closed the Board of Appeals and Adjustments and reopened the
Regular Planning Commission Meeting.
The Commission was in agreement to withhold action on the Shannon Elementary Park
Elementary School site plan until ISD #196 submits copies of the site plan for Planning
Commission review.
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
6:25 p.m.
Respectfully submitted,
ffl icet Donna Quintus
Recording Secretary
40
?it of
2875 -145TH ST. W.
osernouni ROSEMOUNT. MINNESOTA X 510
612- 423 -4411
Planning Commission
REGULAR MEETING MINUTES AUGUST 1, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission
was duly held on August 1, 1989 at 5:00 p.m. Chairman Toombs called the meeting to
order with members Hathaway, Huntington, Meyer and Jacobson present. Also present was
Community Development Director Dean Johnson and City Planner Michael Wozniak.
MOTION by Meyer to approve the July 18, 1989 Regular Meeting Minutes as printed.
Second by Huntington. Ayes 5, Nays 0.
City Planner Michael Wozniak introduced Cary Perket, Project Manager, Bob Pulford,
Project Consultant and Ken Jackson, Senior Vice President of Development and Operations,
of United States Pollution Control, Inc. (USPCI) who were in attendance to give a
presentation and provide additional information on their proposed project for the
construction of a non hazardous industrial waste containment facility in a northeastern
Rosemount location.
Bob Pulford advised the Commission and those in attendance that USPCI intends to submit
to the City, along with their application for the containment facility, the following three
documents:
1) Development Agreement: a detailed description of the responsibilities of the
developer and the City for the construction and operation phases of the project.
2) Community Trust Fund Agreement: creation of a fund account offered to the
community for parks, recreational and sports programs and other City activities.
3) Environmental Control Agreement: an outline describing the procedure for
establishment of funds offered to the City as reimbursement for any expenses the
City may incur in monitoring facility operations for the purpose of assuring permit
compliance and to assist in financing City environmental programs.
Mr. Pul ford noted that the proposed non hazardous waste containment project would
generate approximately $100 million in direct and indirect economic benefits over the 30-
year life of the facility.
Mr. Pulford acknowledged that immediate local issues deal with visual impacts of the site
including aesthetics and berming and presented photographs of how the facility would look
on the site in terms of size, dimension, topography and screening from public highways. A
concept plan will also be submitted describing long term development potential which will
include an ultimate end -use plan. Stormwater management will be addressed in the
Environmental Impact Statement (EIS) currently in process in which preliminary studies
have indicated there are no substantial impacts.
Mr. Perket presented a video of the USPCI facility in Oklahoma recently visited by many
city staff, Council and Planning Commission members and pointed out similarities of the
Oklahoma facility and operations as compared to the facility proposed on the Rosemount
site.
Regular Planning Commission Meeting Minutes
August 1, 1989
Page Two
City Planner Wozniak provided a brief update on the status of the rezoning petition
submitted by Al Monk to rezone his property located on the east side of TH 3 directly
across from his present auto service business. Action on the petition was deferred when
presented at the May 2, 1989 meeting with a recommendation from the Planning Commission
to find an alternate location more suitable for the proposed auto service complex. This
recommendation was due to the Planning Commission's recognition and desire to follow the
guidelines of the Rosemount Comprehensive Guide Plan, which designates the subject
property as PUB Public, and the existing and proposed institutional and public uses
surrounding the property.
As of this date, an alternate site has not been determined, nor has the City committed to
any financial assistance for development of the auto center within the tax increment
district. Therefore, Mr. Monk has requested his petition be processed to allow for
construction this year
MOTION by Meyer recommending to City Council a date be set for a public hearing for the
rezoning petition submitted by Al Monk; and, further, recommending denial of the request
to rezone the 1.07-acre parcel located at 13940 South Robert Trail from C -2 Community
Commercial to C -3 Highway Service Commercial. Second by Jacobson. Ayes 5, Nays 0.
MOTION by Jacobson recommending the Rosemount HRA acknowledge that Mr. Al Monk has
an interest in expanding his current business in the City of Rosemount and has brought a
request to the City for a rezoning of his personal property to accommodate his proposed
expansion and to encourage the Rosemount HRA to work with Mr. Monk in locating an
alternative site more appropriate for his auto service complex proposal. Second by Toombs.
Ayes 5, Nays 0.
Cliff and Ron Carlson submitted a revised site plan and a landscaping plan for the proposed
liquor store to be situated on a lot at the corner of Chippendale Avenue and 151st Street
West. Concerns regarding setbacks, landscaping, parking and building aesthetics have been
addressed in the revised plan and meet ordinance requirements and city policies. One key
issue which remains unchanged refers to the city engineer's recommendation to remove one
of the two access points located on 151st Street West. The Carlsons contend that, while
they have agreed to relocation of the, northerly access point per staff recommendation, the
need for the two access points on 151st Street for the service drive is essential to allow
semi- trailers to gain access and egress from the site Staff maintains their original
recommendation for removal of one of the accesses.
It was noted that adequate parking has been provided for the proposed 5,000 sq. ft.
structure, however, parking requirements could not be accommodated for the projected
4,000 sq. ft. addition. The developers indicated their understanding of the ordinance
requirements and would determine what alternatives were available to comply with
ordinance requirements when and if future expansion is pursued.
MOTION by Huntington to approve the liquor store site plan proposed to be located on a
portion of Lot 1, Block 1, South Rose Park Addition Replat as presented by Cliff and Ron
Carlson to include the two westerly accesses off 151st Street West. Second by Hathaway.
Ayes: Hathaway, Huntington, Toombs, Meyer. Nays: Jacobson. Motion carried.
The site plan for the Shannon Park Elementary School was presented for Planning
Commission approval. All ordinance requirements have been met.
City Planner Wozniak advised the Commission that, in order to extend sewer services to
the school site, an amendment to the Rosemount Comprehensive Guide Plan is required to
include in the Metro Urban Service Area (MUSA) a portion of property along Shannon
Parkway. This amendment represents no impact to existing area properties.
Regular Planning Commission Meeting Minutes
August 1, 1989
Page Three
S MOTION by Hathaway to approve the Shannon Park Elementary School site plan as
presented. Second by Toombs. Ayes 5, Nays 0.
MOTION by Huntington to approve an amendment to the Rosemount Comprehensive Guide
Plan which would include property along Shannon Parkway in the Metro Urban Service
Area (MUSA) for the purpose of allowing extension of sewer services to the Shannon Park
Elementary School site. Second by Toombs. Ayes 5, Nays 0.
Limerick Crossing was presented for final plat approval. City Planner Wozniak advised that
a variance to side yard setback had been approved at a previously held public hearing. All
other ordinance requirements have been met.
MOTION by Jacobson recommending to City Council approval of the Limerick Crossing final
plat subject to an executed development contract. Second by Meyer. Ayes 5, Nays 0.
After a thorough 18 -month Planning Commission and City Council review, Staff is
requesting Planning Commission final recommendation of the proposed zoning ordinance.
City Planner Wozniak summarized the most recent issues and language changes, including
the addition of a new district which would allow for containment facilities, such as the one
proposed by USPCI. The Commission was advised that Council will set a public hearing for
the proposed zoning ordinance for August 15, 1989 to be continued to a special meeting on
August 29, 1989.
MOTION by Toombs recommending to City Council approval of the proposed zoning
ordinance and zoning ordinance map. Second by Hathaway. Ayes 5, Nays 0.
The first phase for Shannon Hills, comprised of 25 single family lots bordered by Shannon
Parkway and 145th Street West, was submitted for final plat approval. Planner Wozniak
advised that this phase is identical to the previously approved Shannon Hills preliminary
plat /PUD and meets all ordinance requirements with the exception of front yard width
which was allowed under the PUD procedure.
MOTION by Huntington to recommend to City Council approval of the Shannon Hills final
plat and, further, to recommend approval of the entire 80 -acre Shannon Hills PUD from AG
Agriculture to R -1 Single Family Residential. Second by Toombs. Ayes 5, Nays 0.
City Planner Wozniak advised that an amendment to Section 15.2 of the current Zoning
Ordinance has been recommended by the city attorney which would change mailing
requirements for zoning amendments affecting zoning district boundaries. This amendment
will bring the ordinance into conformance with state statute and also alleviate the
extraordinary mailing requirement when a new zoning map is adopted with the new zoning
ordinance.
MOTION by Huntington recommending to City Council approval of a Zoning Ordinance text
amendment as pertains to City Ordinance XVII.3, Subd. 15.2c relating to public hearing
notification. Second by Meyer. Ayes 5, Nays 0.
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
7:00 p.m.
Re ectfully sub tted,
nY
onna Quintus
Recording Secretary
P.O BOX 510 ei, Q 2875 -145TH ST. W g?osemouni ROSEMOUNT. MINNESOTA X 12- 423 -4411 510 6
wL
Planning Commission
REGULAR MEETING MINUTES SEPTEMBER 5, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning
Commission was duly held on September 5, 1989 at 5:00 p.m. Chairman Toombs
called the meeting to order with members Hathaway, Huntington, Meyer and
Jacobson present. Also present was Community Development Director Dean Johnson
and City Planner Michael Wozniak.
MOTION by Jacobson to approve the August 1, 1989 Regular Meeting Minutes as
printed. Second by Meyer. Ayes 5, Nays 0.
Due to the increasing number of agenda items being addressed by the Planning
Commission, HRA and City Council, it has become apparent that longer meeting
times are necessary to provide adequate time for completion of all business items.
The HRA considered, this matter in discussion at their last meeting and reached an
agreement to begin their meetings at 6:00 p.m. on the first and third Tuesdays of the
month. This would allow only one hour for Planning Commission to complete agenda
items; therefore, Staff recommends a Planning Commission Bylaw revision to change
meeting times. A consensus was reached by the Commission members to hold their
regular meetings at 5:00 p.m. on the second and fourth Tuesdays of each month.
Commissioner Jacobson stated that, although he has no objection to the 5:00 p.m.
meeting time, it should be noted that the early meeting time can preclude some
citizens, who are interested in participating in local government, from serving on
the Planning Commission.
City Planner Michael Wozniak presented a concept site plan for approximately 3
acres of the 6.85 -acre parcel located on the Thorson /Lund property at the intersection
of Highway 42 and 3. The site plan provided for 21,000 square feet of commercial
space that could be developed for Mr. Al Monk's automotive service center with 8,000
square feet of space for automotive related retail use The site plan also provided
for two additional building sites. City Planner Wozniak explained that the proposed
Hardee's site will accommodate their required parking on site, separate from the
concept retail space. City Planner Wozniak further explained that the Rosemount
HRA is requesting evaluation and clarification from the Planning Commission as to
whether the automotive service center proposal is an appropriate land use for this
site.
Discussion ensued wherein the Commission was in agreement that residential use of
this property would be inappropriate because of pedestrian safety and environmental
noise levels due to heavy traffic associated with this busy intersection. The
Commission further agreed that, provided stormwater, screening and traffic issues
can be resolved, the automotive service center is a very suitable use for this site. It
was noted that commercial development of this property is also consistent with the
Rosemount Comprehensive Guide Plan.
MOTION by Huntington that the Planning Commission is in agreement and promotes
the commercial concept land use of the property located at the northwest corner of
the intersection of STH 3 and CSAH 42, as indicated in the concept plan presented
by Staff; and, further, encourages the City to proceed with the commercial
development of subject site. Second by Hathaway. Ayes: 5, Nays 0.
Regular Planning Commission Meeting Minutes
September 5, 1989
Page Two
The Wensmann Fourth Addition was presented for final plat approval. The plat is
in conformance with the preliminary plat and Wensmann Additions PUD and meets
all zoning requirements with the exception of lot frontage which was approved under
PUD procedure. It was noted that the majority of lots exceed 80 feet in frontage
and, because of significant drainage easements within the plat, many lots are
significantly larger than the 10,000 square foot minimum.
MOTION by Huntington recommending approval of Wensmann fourth Addition final
plat subject to an executed Development Contract; and, further, recommending a
rezoning from AG Agriculture to R -1 Single Family Residential. Second by Toombs.
Ayes 5, Nays 0.
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 5:55 p.m.
R ;'fiectfully s fitted,
ID onna Quintus
Recording Se retary
1 P.O. BOX 510
�l� Q 2875 -145TH ST. W
g?0Sernount ROSEMOUNT. MINNESOTA 55068
612- 423 -4411
Planning Commission
REGULAR MEETING MINUTES SEPTEMBER 19, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held
on September 19, 1989 at 5:00 p.m. Chairman Toombs called the meeting to order with members
Huntington, Meyer and Jacobson present. Also present was City Planner Michael Wozniak and Building
Official Ron Wasmund.
MOTION by Meyer to approve the September 5, 1989 Regular Meeting Minutes as printed. Second by
Toombs. Ayes 4, Nays 0.
As discussed at a previous meeting, Staff presented a proposed amendment to the Planning Commission
Bylaws which would allow the Planning Commission to set regular meeting dates by a simple motion. It
was also the consensus of the Commission to change the regular meetings to the second and fourth
Tuesdays of each month at 5:00 p.m. in order to alleviate conflict with City Council and HRA meetings
held on the first and third Tuesdays.
MOTION by Huntington to adopt Amendment No. 3 to the City of Rosemount Planning Commission
Bylaws. Second by Meyer. Ayes 4, Nays 0.
Commissioner Jacobson reiterated his concern that the 5:00 meeting time may restrict future prospects
interested in becoming a member of the Planning Commission due to the early meeting hour. He requested
the Commission be open to considering a 6:00 or 6:30 p.m. meeting time should this situation arise.
MOTION by Toombs to set the Regular Planning Commission Meetings on the second and fourth Tuesdays
of the month at 5:00 p.m. Second by Huntington. Ayes 4, Nays 0.
Cliff and Ron Carlson, developers, were present to submit for approval, a revised site plan to attach an
additional 4,000 square feet of retail space to the previously approved 5,000 square foot liquor store (Mac's
Bottle Shop), located on the northeast corner of the Chippendale Avenue /151st Street West intersection in
South Rose Park Addition Replat. It was noted that the building aesthetics for phase II match those of
phase I and meet the proposed zoning ordinance requirements.
City Planner Wozniak advised that the parking requirement for the additional retail space cannot be met
on site, as required by the zoning ordinance. The site plan indicates 44 parking spaces with an additional
14 spaces to be provided off site on Mr. Carlson's property to the east (Rosemount Center site). The single
parking space, shown in the service drive on the south side of the structure, cannot be recognized as a
permanent parking space due to its' encroachment within the 35 -foot yard setback.
Staff recommends requiring the applicant to execute a property split by simple lot division to combine a 46-
foot wide strip from the Rosemount Center site and cause it to be attached to the liquor store site. This
would provide the additional 14 required parking spaces on -site, situating them to the east side of the
common drive to the liquor store site. Staff further recommends that the developer re- subdivide the
Rosemount Center plat to include the liquor store property when the shopping center project is reactivated.
MOTION by Huntington to approve the Phase II site plan as presented by the Carlsons contingent upon
agreement by Mr. Carlson to submit a Certificate of Survey indicating the new site boundaries and legal
description; and, further, subject to the recommended simple lot division and property combination. Second
by Meyer. Ayes 4, Nays 0.
Carrollton 3rd Addition (second of three phases of Carrollton 2nd Addition PUD) was presented for fmal
plat approval. The plat, previously rezoned from AG Agriculture to R -1 Single Family Residential, consists
of 40 single family lots and is in compliance with the Carrollton 2nd Addition Preliminary Plat/PUD plan
and meets all zoning and subdivision ordinance requirements with the exception of lot frontage which was
approved under PUD procedure.
Regular Planning Commission Meeting Minutes
September 19, 1989
Page Two
MOTION by Toombs to recommend to Council approval of Carrollton 3rd Addition final plat subject to
an executed Development Contract. Second by Huntington. Ayes 4, Nays 0.
Milt Bruflodt, project architect, presented a site plan and elevations for a 5,000 square foot addition to
the Peoples Natural Gas building located at 2665 145th Street West. The purpose of the addition is for
warehousing/storage with a bay for car washing and one loading dock. The five additional parking spaces
provided on -site meet minimum ordinance requirements for the proposed use. Building aesthetics of the
proposed addition will match that of the existing structure.
City Planner Wozniak advised that a conceptual landscaping design originally proposed when the existing
structure was refurbished has never been completed. It has been city policy to require landscaping standards
of the proposed zoning ordinance for all commercial projects. Planner Wozniak further advised that, in
recent discussions, the applicant has revealed their intent to divide off the westerly portion of their property.
It is, therefore, logical to base landscaping requirements on the easterly portion of the lot, as distinguished
on the site plan, rather than the entire site
MOTION by ;Huntington to approve the addition to the Peoples Natural Gas structure subject to a
landscaping plan approved by staff to meet the requirements of the proposed zoning ordinance. Second by
Toombs. Ayes 4, Nays 0.
Chairman Toombs suspended the Regular Planning Commission Meeting and opened the Board of Appeals
and Adjustments at 6:00 p.m. in order to conduct two scheduled public hearings.
Chairman Toombs opened the public hearing to receive input on the Variance Petition submitted by Bruce
Pylkas. City Planner Michael Wozniak had in his possession Affidavits of Publication and Mailed and
Posted Hearing Notice.
Bruce Pylkas was present to request a variance to allow construction of an on -site septic system on his
property located at the intersection of Bengal Avenue and 130th Street, a legal lot of record less than 2.5
acres. Percolation test data submitted to the Building Official have been found acceptable to accommodate
construction of the on -site system.
Mr. Pylkas has also requested a variance to reduce front yard setback along Bengal Avenue from the
required 30 feet to 25 feet. This is due to the required septic system and the owner's wish to preserve a
grove of mature walnut trees. The owner has been advised that building five feet closer to the street would
assist in providing adequate area for the required drainfield without endangering the trees.
Staff has reviewed this request and recommends approval of allowing the on -site septic system and; further,
acknowledges that the walnut trees represent an asset to the property. However, Staff has suggested that
the applicant work with Ron Wasmund, Building Official, to determine if the system can be designed for
protection of the trees while still maintaining the 30 -foot setback.
There were no other comments from the audience.
Chairman Toombs closed the public hearing to allow action on the Bruce Pylkas variance request.
MOTION by Jacobson to approve the variance to minimum lot requirement for the on -site septic system
subject to approval of system design by the City of Rosemount Building Official; and, further to approve
the front yard setback variance subject to determination by the Building Official that the septic system
cannot be redesigned to avoid front yard setback encroachment without loss of walnut trees. Second by
Meyer. Ayes 4, Nays 0.
Chairman Toombs opened the public hearing to receive input on the Variance Petition submitted by
Kenneth Quandt. City Planner Michael Wozniak had in his possession Affidavits of Publication and Mailed
and Posted Hearing Notice.
Mr. Kenneth Quandt, 4328 159th Court West, was present to request the Board's consideration to approve
the construction of an 8 -foot cedar privacy fence along his rear property line which abuts 160th Street. Mr.
Quandt explained that his property is situated across from the driveway access of a sand and gravel
operation which generates a great deal of noise and traffic. Mr. Quandt stated that his property drops off
1 -2 feet from his home to the rear property line with a ditch area along 160th Street, therefore a 6 -foot
fence would not provide sufficient visual screening of 160th Street traffic and the sand and gravel operation.
Regular Planning Commission Meeting Minutes
September 19, 1989
Page Three
Staff recommends that hardship has been demonstrated in that the existing grade of the property would
render a 6 -foot fence inadequate in screening the 160th Street activities.
There were no other persons present for comment.
Chairman Toombs closed the public hearing to allow action on the Kenneth Quandt variance request.
MOTION by Toombs to approve the variance request to construct an 8 -foot fence along the rear property
line of 4328 159th Court West, citing that property hardship has been demonstrated in relationship to
existing topography. Second by Meyer. Ayes 4, Nays 0.
Chairman Toombs closed the Board of Appeals and Adjustments and reopened the Regular Planning
Commission Meeting at 6:24 p.m.
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.
Re I ctfully sub ed,
onna Quintus
Recording Secr ry
411
III
O P.O. BOX 510
•1111111111 eity 2875 -145TH ST. W.
g?osernouni ROSEMOUNT. MINNESOTA 55068
612- 423 -441 1
P lanning Commission
REGULAR MEETING MINUTES OCTOBER 10, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on
October 10, 1989 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway,
Huntington and Jacobson present. Also present was City Planner Michael Wozniak.
MOTION by Toombs to approve the September 19, 1989 Regular Meeting Minutes as printed. Second by
Huntington. Ayes 4, Nays 0.
Items added to the agenda: Item 3b. Staff Recognition; Item 3c. Christmas Tree Sales Request/Lutheran
Church of Our Risen Savior.
City Planner Michael Wozniak informed the Commission that the new City of Rosemount Zoning Ordinance
and Zoning Map has been approved by City Council, and noted an approved summary of the ordinance and
map will be published in the Dakota County Tribune on October 12, 1989. The Zoning Ordinance and
Zoning Map will become effective as of this publication date. The final approved document remains the
same as was recommended to Council by the Planning Commission with generally only minor adjustments.
However, one significant change has occurred, consisting of the removal of the proposed sign ordinance
section, as a result of issues raised by the business community. Staff will continue to work with the business
community to research their concerns. Hopefully, the sign regulation portion of the ordinance will be
complete and ready for adoption within the next couple of months. City Planner Wozniak thanked the
Planning Commission for their patience and many hours of review of the proposed ordinance.
Commissioner Jacobson expressed his appreciation and gave special recognition to City Planner Michael
Wozniak, Community Development Director Dean Johnson and staff for the commendable job done in the
formulation of the new Zoning and Subdivision Ordinance recognizing that formulation of such a document
represents an exceptional amount of work by these individuals and their staff.
MOTION by Jacobson that the Planning Commission formally recognizes the accomplishments and
outstanding efforts of City Planner Mike Wozniak, Community Development Director Dean Johnson and
Staff who have dedicated their efforts for the establishment and completion of a new City of Rosemount
Zoning and Subdivision Ordinance and Zoning Map. Second by Toombs. Ayes 4, Nays 0.
The City has received a request from the Lutheran Church of Our Savior, 14980 Diamond Path, to conduct
Christmas tree sales on their property. Although this is not considered a permanent use of the property,
the Zoning Ordinance does not specifically allow this use in public districts. However, due to the seasonal
nature of the request, staff is requesting Planning Commission interpretation of such requests on a case
by -case basis. A potential concern regarding signage was identified by City Planner Wozniak.
The Commission concurred they had no objection to this use on public property on a temporary basis.
However, it was noted that a record should be kept of any resident concerns made known to the City to be
used as a guide for review of similar requests in the future.
MOTION by Toombs to allow the temporary Christmas tree sales as requested by Lutheran Church of Our
Savior for the 1989 season subject to compliance with signage requirements for the P Public and Institutional
District with no off -site signage being allowed; and, further, subject to a restriction to glare from general
illumination of the sales lot so as not to cause nuisance to traffic on abutting roadways. Second by
Huntington. Ayes 4, Nays 0.
In anticipation of an upcoming Planning Commission review of a proposal from Mr. Ray Sachter to develop
a landscape nursery within the Agriculture District, it has come to the attention of Staff that there is not
a clear understanding of what associated retail sales may be allowed as a component of the landscaping use.
Therefore, prior to formal consideration of Mr. Sachter's proposal, Staff is requesting the Planning
Commission evaluate the issue of the extent of retail being allowed in conjunction with a landscape /nursery
operation.
Regular Planning Commission Meeting Minutes
October 10, 1989
Page Two
The Zoning Ordinance recognizes Landscape Nurseries and Commercial Greenhouses as permitted uses in
the Agriculture District. Also allowed are stands for the sale of agriculture products provided said products
are, at least in part, raised on the premises. With this in mind and consideration of the Sachter proposal,
City Administrator Stephan Jilk, Community Development Director Dean Johnson and City Planner Michael
Wozniak evaluated the issue of retail sales and recommend the following interpretation:
1) Retail sales may be allowed in the Agriculture District only if agricultural products grown entirely
or in part on the site are to be sold; and
2) Retail sales are incidental to the principal use of the site for agriculture and, therefore, is a
permitted use in the Agriculture District; and
3) Retail sales of other products related to the growing of plant materials, such as fertilizers,
herbicides, mulch, hedge shears, etc., shall be allowed in conjunction with the sale of agriculture
products; and
4) It is the opinion of Staff that retail sales do not include equipment sales (lawn mowers, tractors,
etc) nor would it include retail sales of items not related to the growing and care of plant
materials.
City Planner Wozniak stated that Staff recommendation represents consultation of other staff members and
a culmination of an interpretation of the parameters of permitted uses for this district. Staff is satisfied that
consideration of sales of plant materials grown partly on the property fits into the intent of the ordinance.
Ray and Sanford Sachter were present in the audience and informed the Commission that their proposal will
include approximately 1,500 square feet of space for the sale of related products other than plants grown
on site. This constitutes less than 10% of the total intended retail sales.
The Commission agreed that landscape and greenhouse operations are an allowed use in the Agriculture
District which warrants a retail center for the growing fields. However, concern was expressed that the new
ordinance does not provide a definition of "stand" in referencing the retail trade portion of such operations.
Questions were raised as to whether abutting residents would perceive the sophisticated retail center,
proposed by the Sachters, as a commercial center rather than an agricultural enterprise. It was suggested
that Staff provide a definition for terms such as "stand" "nursery" and "commercial greenhouse in the
Zoning Ordinance for a clearer understanding of the permitted use The Commission also directed that Staff
notify residents in the area when the Sachter proposal is reviewed to allow for their comment.
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 6:00 p.m.
R4- ctfully sub tt d,
onna Quintus
Recording Secret ry
e P .O. 80X 510
ty 2875 -145TH ST. W.
osernouni ROSEMOUNT. MINNESOTA 55068
612- 423 -4411
Planning Commission
REGULAR MEETING MINUTES OCTOBER 24, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on
October 24, 1989 at 5:00 p.m. Chairman Toombs called the meeting to order with members Hathaway,
Huntington, Meyer and Jacobson present. Also present was City Planner Michael Wozniak.
MOTION by Jacobson to approve the October 10, 1989 Regular Meeting Minutes as printed. Second by
Toombs. Ayes 5, Nays 0.
Items added to the agenda: Item 5b.) Rosemount Woods Site Plan.
City Planner Michael Wozniak informed the Commission of his designation as liaison between City Staff and
the Rosemount Chamber of Commerce for the evaluation and establishment of specific design guidelines for
the downtown area. A committee consisting of Rosemount businessmen has been organized to interact with
City Staff to create and evaluate proposed guidelines for downtown design criteria for aesthetic treatment
of structures and, also, signage regulations for adoption into the new Zoning Ordinance. The Planning
Commission will be provided updates on the progress of the committee's study /analysis and be presented for
their input and recommendations as a draft becomes available.
Commissioner Jacobson suggested that residents, other than businessmen, should also be included in this
study to assure the input and ideas of representatives from other areas of the City. This would provide for
the continuation of recent City practices to include all citizens in decision- making policies.
Raymond and Sanford Sachter were in attendance to discuss and to request site plan approval for their
proposal to construct and operate a Landscape Nursery on a 10 -acre parcel located at the intersection of
120th Street and STH 3 (South Robert Trail). The Sachters are proposing to develop a Landscape
Nursery /Commercial Greenhouse operation which involves the growing and sales of trees, shrubs and potted
plants. Ninety percent of the retail sales will consist of products grown on -site. This proposal is a permitted
use in the Agriculture District and does not require a rezoning or involve a subdivision or variance, therefore,
there is no legal requirement for notification of abutting property owners, however, upon Planning
Commission request, Staff provided mailed notification to abutting property owners to allow their comment
on the proposed project.
City Planner Michael Wozniak reviewed with the Commission and those in attendance the site plan for Rose
Cliff Landscape Nursery consisting of a series of growing fields on the west and south ends of the property
and a semi circular customer viewing area of various plant materials toward the center of the property.
Along the easterly edge of the site the Sachters are proposing six storage bins for plant related materials,
i.e., bark mulch, peat moss, wood chips, etc. The site plan also includes a 2,800 square foot wood framed,
cedar sided and asphalt shingled combination storage /sales structure. Approximately 1,600 square feet of this
structure is dedicated to indoor sales of associated plant materials, in addition to the exterior bins also
designated for storage space of related material sale items. Staff has determined that the 40 parking stalls
proposed are adequate for the proposed use.
One issue identified by Staff is encroachment into the 50 -foot front yard setback required in the Agriculture
District which occurs in the placement of the mulch bins along STH 3 and the proposed future parking area
along 120th Street West. The developer has agreed that relocation of the bins and future parking area can
be accomplished with minimum impact on the total site design.
Access /egress to the site is provided from 120th Street West, approved by the city engineer, with an "entry
only" from STH 3, which meets state requirements for access spacing along a state highway.
Although the Zoning Ordinance contains no landscaping standards for this district, Mr. Sachter is proposing
ample permanent shade trees, evergreens and ornamental plantings for site enhancement as well as screening
of the materials pick -up area.
Regular Planning Commission Meeting
October 24, 1989
Page Two
Staff recommends approval of the Rose Cliff Nursery site plan on the basis that landscape nurseries and
commercial greenhouses are specifically defined in the Zoning Ordinance as a permitted use in the
Agriculture District, subject to the following conditions:
1) sales of products associated with the care and growing of plant materials shall be limited to the sales
area of the garden center building with exception of outdoor storage of products such as bark mulch,
peat moss, wood chips and like products in the bins proposed on the site plant;
2) relocation of the mulch bins and future parking area to comply with the 50 -foot setback requirement
along 120th Street West and STH 3;
3) proposed deciduous trees to be planted as part of the landscape plan be a minimum 2- to 2.5 -inch
diameter as measured six inches above the ground; and
4) the proposed 80- square foot building sign be allowed in lieu of a freestanding sign, however, if the
developer so desires to install a freestanding sign, the building sign be limited to 36 square feet.
Chairman Toombs invited those present in the audience to comment at this time
Jim Boerner, owner of Rosemount Gardens, stated that at the time he proposed his retail garden center he
was told his venture required commercial property. City Planner Wozniak stated that, although he was not
on staff at the time of Mr. Boerner's proposal, the Zoning Ordinance in force at that time defined
landscaping and commercial greenhouses as a permitted use in the Agriculture District, and, perhaps, details
of his proposal differed from the one presented at this time.
Reid Hanson, attorney representing Dr. Kurt Hansen of 12101 Dodd Boulevard, stated Dr. Hansen's
opposition to the project based on the Rosemount Comprehensive Guide Plan's designation of this area as
future RR Rural Residential zoning. Should this rezoning occur, this proposed use would become
nonconforming. He further stated that the only retail use sanctioned in both the old and new ordinance is
a "stand not a "building" such as the one proposed.
John Zone, attorney representing Jay and Therese Krech of 12050 Dodd Boulevard, stated the Krech's and
another resident located in the subject area both operate landscaping businesses out of their homes. Both
parties were granted approval of this use, however, approval was subject to the understanding that no retail
sales were allowed on the property.
The representatives for both property owners concurred that these former decisions represent an established
precedent which precludes retail sales on agricultural property. To allow a large retail/commercial use in
the Agriculture District, such as the one proposed, is inconsistent with previous Planning Commission action.
City Planner Michael Wozniak noted that the Sachter proposal differs from the above referenced proposals
in that the permitted landscape and commercial greenhouse is considered a principal use of the property and
not a Home Occupation. Home Occupations are clearly defined as secondary to the principal use of the
property as a residence. Zoning Ordinance criteria for Home Occupations does not allow retails sales on
the property. Further, the previous requests for sales did not involve sale of materials grown on the
property.
Gloria Linkert, 12165 Dodd Boulevard, and Jane Goedtel, 2980 120th Street West, both protested allowing
of retail sales and a commercial use of this size and expressed a concern of increased traffic and personal
property devaluation.
Sanford Sachter, developer, described his proposal as an enhancement of the property with careful attention
given to building aesthetics and screening of any retail activity. He explained there would be no excessive
illumination of the project. Traffic flow patterns have also been a consideration demonstrated in the "enter
only" restriction from South Robert Trail. He further defended his project stating the Zoning Ordinance
states it is a permitted use in the Agriculture District and this proposal meets the defined criteria because
it is limited to the sale of agricultural products of which approximately ninety percent of the products are
grown on sire with additional sales of items only incidental to plant care and maintenance.
The Planning Commission was in agreement that, although landscape nurseries and commercial nurseries
appear to be an appropriate use for the Agriculture District, they were uncomfortable with the magnitude
of retail sales proposed. The Commission concurred that the term "stands" for the sale of agricultural
products could not be interpreted to include the expansive retail center proposed.
Regular Planning Commission Meeting
October 24, 1989
Page Three
0 City Planner Wozniak stated that it is logical and reasonable to allow the retail element of the proposal since
"commercial" implies retail sales as an allowed use in association with landscape nurseries and commercial
greenhouses. Wozniak reiterated support of Staff's recommendation and stated that Staff interpretation is
based upon thorough research of the intent of the Zoning Ordinance and investigation of similar uses in
other area communities.
MOTION by Huntington to deny the Rose Cliff Nursery site plan as presented by Ray and Sanford Sachter.
Second by Meyer. Ayes 5, Nays 0.
Commissioner Jacobson referred to the defmitions provided by City Planner Wozniak to be considered for
incorporation into the new Zoning Ordinance.
MOTION by Jacobson recommending to City Council consideration to amend Ordinance B Zoning
Ordinance to include definitions for Agriculture Stand, Commercial Greenhouse and Landscape Nursery in
Section 3.2 Definitions to further define these terms used in Section 6 District Regulations, 6.1 AG
Agricultural District. Second by Meyer, Ayes 5, Nays 0.
The owners of Rosemount Woods, a custom cabinet/woodworking shop located at 14640 Diamond Path,
have contacted the City regarding a request for a building permit to construct a 46' x 40' addition to the
east side of their existing building. Rosemount Woods is currently the sole business located in this Industrial
Park district. Although landscape, parking and aesthetic data are not yet available, City Planner Wozniak
brought the proposal before the Commission for discussion.
The woodworking shop is located on Lot 5, Block 1, Broback Industrial Park. It has been brought to the
attention of the Community Development Department that previous Council discussion of the City's long
range goals and policies has caused the designation of the Broback Industrial Park as a housing district. It
is the opinion of staff and City Council that this property, which is abutted by residential uses, would be
more appropriate for housing. However, the property is presently zoned I -PRK Industrial Park and upon
III submittal of the proper documents and meeting code standards, the owners would be entitled to an approval
of the addition.
MOTION by Jacobson to table discussion of the Rosemount Woods site plan and to refer discussion of the
Rosemount Woods owner's intent for City Council awareness of this proposal for the Broback Industrial Park
which has been previously considered as suitable as a housing district. Second by Huntington. 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 6:50 p.m.
Re 1 ctfully subm'
r o na Quintus
Recording Secret..
e P.O. BOX 510
ty of 2875 -145TH ST. W 411+ osern oun� ROSEMOUNT, MINNESOTA 55068
612- 423 -441 1
Planning Commission
REGULAR MEETING MINUTES NOVEMBER 14, 1989
Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on
November 14, 1989 at 5:00 p.m. Chairman Toombs called the meeting to order with members Huntington,
Meyer and Jacobson present. Also present was City Planner Michael Wozniak and Community Development
Director Dean Johnson.
MOTION by Jacobson to approve the October 24, 1989 Regular Meeting Minutes as printed. Second by
Meyer. Ayes 4, Nays 0.
The agenda was amended to include the following: Item 3(a) 160th Street West Land Use Concept; Item
3(b) Rose Cliff Nursery Proposal; and Item 3(c) Retail Market/Land Use Compatibility Study Presentation
November 21, 1989.
Chairman Toombs suspended the regular order of the agenda to accommodate those present for discussion
of New Business items.
City Planner Michael Wozniak discussed a site plan, submitted by the owners of the Tom Thumb Superette
who are proposing to add gasoline pumps to their site located at 14537 Dodd Boulevard. Upon adoption
of the new Zoning Map, this site has been redesignated from Neighborhood Commercial, which precluded
gas pump installation, to C -2 Community Commercial. The current zoning classification lists gas pumps as
a permitted use for this district.
Planner Wozniak noted that when a proposal is presented for modification of an existing site, it has been
a standard requirement that the site be brought into current zoning ordinance conformance, the same as
what is required for new commercial developments. In their review, staff has identified several issues which
need to be addressed by the owners and has proposed site modification of the following to meet current
Zoning Ordinance standards: 1) screening and relocation of trash storage; 2) parking stall realignment to
accommodate setback requirements and the creation of a green area; and 3) landscape plan. Further
requirements include reconfiguration of access /egress points for smooth vehicular flow and the dedication of
funds for the construction of a trailway for increased pedestrian safety.
The applicants agreed to resubmit a modified site plan for the next Regular Planning Commission Meeting
after conferring with Tom Thumb Food Market owners for direction and procedure for this development.
Commissioner Jacobson stated his disappointment in the elimination of the Neighborhood Commercial
classification in the Zoning Ordinance noting his apprehension in allowing gas pumps in close proximity to
residential districts. He expressed his concern for pedestrian /vehicular traffic, potential safety issues and
illumination impact on residential neighborhoods.
City Planner Michael Wozniak apprised the Commission of City Council's concurrence with Planning
Commission recommendation to amend the Zoning Ordinance to consider the inclusion of the definitions
for the terms Agricultural Stand, Commercial Greenhouse and Landscape Nursery. In addition, staff has
been advised by the city attorney, to consider a revision to the Zoning Ordinance to establish an appeal
procedure to City Council for Planning Commission actions on site plan reviews. Another amendment to
the Zoning Ordinance has been requested by Councilman Vern Napper regarding the regulation of accessory
structures on parcels under 20 acres in size east of Akron Avenue. Specifically, Mr. Napper believes the
term "aggregate total" should be removed from this provision because he believes it to be too restrictive.
A public hearing has been set for November 21, 1989 at 8:00 p.m. to consider these three modifications.
MOTION by Huntington recommending City Council retain the current wording of Section 7.2.A.6. of
Ordinance B City of Rosemount Zoning Ordinance which provides for the regulation of accessory structures
constructed in the A or AG -P Districts east of Akron Avenue. Second by Meyer. Ayes 4, Nays 0.
Regular Planning Commission Meeting Minutes
November 14, 1989
Page Two
Chairman Toombs suspended the Regular Planning Commission Meeting and opened the Board of Appeals
and Adjustments at 6:00 p.m. to conduct two scheduled public hearings.
Chairman Toombs opened the public hearing to allow discussion of the request for variance to side yard
setback requirements. City Planner Michael Wozniak had in his possession Affidavits of Publication and
Mailed and Posted Hearing Notice.
Sharon Mickelson, 13145 Danbury Way, has submitted a building permit application to construct a 26' x 26'
accessory structure to within ten feet of a side property line for the purpose of storing personal items.
The proposed building will aesthetically match the existing residence and meets building code requirements.
Planner Wozniak stated the 2.5 -acre parcel is zoned Agriculture and is situated in the extreme northwesterly
corner of Rosemount and bordered on the west and north by a golf course. The proposed location of the
structure is for convenience based upon the location of the existing driveway and residence. To relocate the
building would require removal of some trees, grading issues because of an existing embankment and the
construction of additional paved surface. The city has no desire to maximize impervious surfaces in the
Agriculture District. In staff's opinion, to allow the variance would not adversely impact abutting property
owners, due to it's location.
M.F. Mickelson, contiguous property owner to the north and east of the subject site, stated he had no
objection to the proposal.
There were no further comments from the audience.
Chairman Toombs closed the public hearing to allow action on the Sharon Mickelson variance petition.
MOTION by Toombs to approve the variance to minimum side yard setback requirement on 13145 Danbury
Way as requested by Sharon Mickelson. Second by Huntington. Ayes 4, Nays 0.
Chairman Toombs opened the public hearing to receive input on the Variance Petition submitted by Harlan
Kahl. City Planner Michael Wozniak had in his possession Affidavits of Publication and Mailed and Posted
Hearing Notice.
Harlan Kahl has requested approval to divide a 70 -acre parcel of property located on the north side of
160th Street East just east of Coates. This request relates to the desire of the former owner, Mrs. Elsie
Kahl, who has left her 6 -acre homesite to her son, Harlan, with the remaining 64 acres to be sold with
monies bequeathed the remaining will recipients. The resulting properties would each have less than the
required 300 feet of frontage on an existing public road. The 64 -acre parcel will be sold to Mr. Hans
Abramson for agricultural purposes with access gained from a 66 -foot wide easement along the westerly
boundary of the site. City Planner Wozniak advised that a limit of one housing unit would be allowed on
the 64 -acre parcel until a public street is built to access the property. The 6 -acre homesite parcel, which
fronts on 160th Street, has 278 feet of frontage.
Staff has determined there is merit in allowing the variance due to other parcels in this area currently having
less than the now required 300 feet of frontage.
Chairman Toombs closed the public hearing at 6:26 p.m. to allow Board action on the variance request.
MOTION by Huntington to approve the variance request of Mr. Harlan Kahl to allow a property division
by metes and bounds description resulting in parcels with less than 300 feet of frontage; and, further noting
that only one housing unit be allowed on the 64 -acre parcel until such time as a public street is built to
provide access to that parcel. Second by Toombs. Ayes 4, Nays 0.
Chairman Toombs closed the meeting of the Board of Appeals and Adjustments and reconvened the Regular
Planning Commission Meeting.
411 The Commission was informed that Council has authorized staff to initiate discussion with the owners of
Rosemount Woods and Broback Industrial Park property owners of the potential for relocation of the present
business and rezoning of the property to residential.
Regular Planning Commission Meeting Minutes
November 14, 1989
Page Three
Discussion ensued on the proposed Zoning Ordinance amendments.
City Administrator Stephan Jilk has advised Community Development staff that the proposed definitions for
the terms Agricultural Stand, Landscape Nursery and Commercial Greenhouse do not clarify whether or not
retail sales are allowed in the Agriculture District.
The Commission was in agreement that the definitions be modified to clarify the volume /type of sales
allowed. However, Council should be cognizant that Planning Commission recommendation is to clearly
define that retail sales not be allowed in conjunction with Landscape Nursery or Commercial Greenhouse
users in the Agriculture District. Staff will request the city attorney to draft definitions he feels are legally
sound in defining these types of operations.
MOTION by Huntington recommending that the Zoning Ordinance be modified to include establishment of
a procedure for an appeal to the City Council of Planning Commission action on site plan reviews. Second
by Toombs. Ayes 4, Nays 0.
Council has asked for Planning Commission interpretation regarding what activities may be allowed in
conjunction with seasonal grading permits. Council has agreed they do not object to the issuance of grading
permits on a seasonal basis to allow removal of sand and gravel in the Agriculture District for the purpose
of improvement of property for agricultural use
MOTION by Toombs that the Planning Commission deems it appropriate to allow the use of crushing
machinery in conjunction with seasonal excavations restricted only to excavations taking place on properties
located east of Akron Avenue; and, further, that the use of portable asphalt plants not be allowed in
conjunction with seasonal grading permits. Second by Huntington. Ayes 4, Nays 0.
City attorney Roger Knutson has requested Planning Commission discussion regarding action taken on the
Rose Cliff Nursery proposal. The Rose Cliff Nursery applicants have indicated they intend to challenge the
city's decision to deny their proposal. Under the current ordinance it is not clear on the retail allowed in
combination with Landscape Nursery and Commercial Greenhouses. Due to the lack of clarity of the
ordinance, Mr. Knutson stated the applicant's challenge may be upheld and the Commission's denial
overturned by the courts. In instances such as this, it is usually in the best interest of a city to reach some
kind of compromise.
Community Development Director Dean Johnson advised the Commission that staff has been contacted by
Knutson Rubbish and informed of their intent to relocate the recycling division of their expanding rubbish
hauling business. Presently, they hold an option on property situated on 160th Street West adjacent to the
recently relocated AAA Auto Salvage. The Planning Commission concurred that the 160th Street property
is an appropriate location for this use.
The Commission was reminded of the Retail Market /Land Use Compatibility Study presentation to be held
on November 21, 1989 at 6:00 p.m. in the Council Chambers of the City Hall.
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 7:00 p.m.
R-: sictfully sub A i e•,
f ./tyzi.4.)
1 onna Quintus
Recording Secret.
1 P.O. BOX 510
�G� Q 2875 -145TH ST. W.
4411 osernouni ROSEMOUNT. MINNESOTA 55068
612- 423 -441 1
Planning Commission
REGULAR MEETING MINUTES DECEMBER 12, 1989
Pursuant to due call and notice thereof the Regular Meeting of the
Planning Commission was duly held on December 12, 1989 at 5:00 p.m.
Commissioner Huntington called the meeting to order with members
Hathaway, Meyer, and Jacobson present. Also present was City
Planner, Michael Wozniak.
MOTION by Meyer to approve the November 14, 1989 Regular Meeting
Minutes as printed. Second by Hathaway. Ayes 4, Nays 0.
The agenda was amended to delete the following: Item 4(a)
Rosemount Woods Site Plan Review and Item 5(a) Parker
Communications, Inc. KTCJ Antenna System Proposal. The agenda
was amended to include the following: Item 5(a) Bituminous
Materials Mining Permit.
City Planner Mike Wozniak informed the Planning Commission of City
Council's decision to allow the Michalskis to expand their business
located in the Broback Industrial Park. A site plan would probably
be submitted in January of 1990.
Planner Wozniak stated that Parker Communications requested removal
from the agenda in order to gather more information. They intend
to submit this information in January of 1990.'
Commissioner Huntington suspended the regular order of the agenda
to accommodate those present for discussion of New Business items.
Planner Wozniak stated the Bituminous Materials Inc. (BMI) has
requested renewal of its mining permit for an 80 acre site located
immediately south of Solberg Aggregate on Trunk Highway 56. City
Council previously approved a ten year mining plan which required
annual renewal of a mining permit. The original permit was issued
early this year. BMI indicated that it is their intent to initiate
mining in the Spring of 1990 following the previously approved
operations /phasing plan. The property proposed for mining has
recently changed ownership. The lease BMI has to mine sand and
gravel transferred with the sale. In order for this permit to be
renewed Koch Refining must give approval for mining to continue on
this property and they must sign the Permit Mining Conditions. Ray
Knutson (assistant manager of Koch) has indicated that Koch is
willing to allow BMI to continue with their mining.
MOTION by Huntington recommending City Council to renew the mining
permit and to require Koch to execute a revised List of Mining
Permit Conditions. Second by Hathaway. Ayes 4, Nays 0.
Regular Planning Commission Meeting Minutes
December 12, 1989
Page Two
Commissioner Jacobson requested the item 3(a) Methods to Promote
410-
Land Use Policy Cooperation between Municipalities, be placed on
the agenda. Discussion followed regarding current policy and
possible future policies. City Planner Wozniak noted that there
is a referral requirement for Comprehensive Guide Plan Amendments
that allows Rosemount to comment on Plan Amendments in abutting
communities. However, as it currently stands their is no binding
policy in effect regarding notification of zoning and /or
subdivisions in other communities along Rosemount's municipal
boundaries. It is only through the courtesy of the neighboring
communities that they notify us of their intent for bordering
properties. Planner Wozniak stated there are other sources staff
could pursue to keep informed of changes in abutting
municipalities. It was the consensus of the Commission that City
staff make further inquires about a Cooperative Land Use Policy and
upon those inquiries report back to the Commission the results.
Commissioner Jacobson stated that the report reinforced the
Comprehensive Guide Plan and that the downtown area should be a
focal point for development.
MOTION by Jacobson to use the Hoisington /McComb Market Study for
reference when considering future Planning Commission actions.
Second by Hathaway. Ayes 4, Nays 0.
MOTION by Huntington to adjourn. Second by Meyer. There being no
further business to come before this Commission and upon unanimous
410 decision this meeting was adjourned at 6:02 p.m.
Respectfully submitted,
Maryann Stoffel
Recording Secretary